SPECIAL AVALON CITY COUNCIL MEETING WILL ALSO INCLUDE
A MEETING OF THE CITY COUNCIL ACTING AS
THE HOUSING AUTHORITY
TUESDAY, JUNE 27, 2023 — 3:00 PM
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
In compliance with the Americans with Disability Act. if you need special assistance to participate in thismeeting, please contact the City Clerk’s Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-
35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the publicinspection at the time the records are distributed to all, or a majority of all, members of the City Council. Suchrecords shall be available at City Hall located at 410 Avalon Canyon Rd.
Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made underAB 361,the CITY OF AVALON’S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The genera) public mayattend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.
Council Chambers are open to a maximum 30 members of the general public. Once the CouncilChambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the CityHall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-1 9. Additionally, the general public may participate in Oral Communication and address the City Council on anagenda items by providing comments via Zoom or by sending comments toaskcityofavalon.com.
For the public’s convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon .com/meetings *streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on VouTube: https://www.youtube.com/CityofAvalonCA
FOR REMOTE PUBLIC PARTICIPATION
1) Join the Meeting via Phone Conference (Voice Only):
Phone Number: (669)444-9171,
Meeting ID: 847 4143 5346Passcode: 337907
When you would like to comment during the meeting enter *9 on the phone’s key pad to activate the “raise hand” button at the time the Agenda Item is being presented for City Council consideration.
CITY COUNCILII-IOUSING AUTHORITY AGENDA
JUNE 27, 2023
PAGE 2
CALL TO ORDER I PLEDGE OF ALLEGIANCE! ROLL CALL
ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.
GENERAL BUSINESS
1. Zilo International Group [[C Contract Award
City actively pursues grant opportunities to assist with unfunded projects and programs.Many funding agencies utilize US Census income data to determine eligibility and funding levels. Staff believes this does not accurately capture the City’s economic demographics.
In order to resolve this discrepancy, City Staff are recommending completing a Community Wide Survey.
Recommended Action
Authorize the City Manager to execute a contract with Zilo International Group [[C for a not-to-exceed sum of $35,000.
2. Award Above Ground Fuel Tank Procurement
The State requires the owners or operators of specific types of underground fuel storage tanks to permanently close by December 2025. The City owns four underground fuel tanks at the Avalon Fuel Dock that fall under this requirement. On March 21, 2023 City Council approved the design and construction documents for this project, and authorized Staff to post and receive informal bids to procure the fuel tank for an amount not to exceed sum of $200,000.
Recommended Action
Authorize the City Manager or his designee to procure an above ground fuel tank from Western Pump per the specifications designated for the Underground Fuel Tank Replacement Project at a cost not to exceed sum of $160,000.
3. Authorize the Purchase of Vehicles, Charging Infrastructures and Digital Sign Boards to Facilitate the Development of a Micro Transit System
The City’s fixed route transit ridership dropped dramatically as a result of the pandemic.
Public transit agencies across the state have experienced similar downturns in ridership.
City Staff recommends utilizing the ARPA Act equivalent funds to respond to changes inconsumer trends and make improvements to its fixed route fleet by transitioning tosmaller, open air, electric vehicles to provide better ventilation and reduced crowding.
Recommended Action
(1) Adjust the Fiscal Year 2022-2023 Budget to reassign $305,500 from Commuter Subsidy Program (12230-5099) to Vehicle Replacement (12230-6781). (2) Authorize theCity Manager or his designee to purchase 5 (five) E6 GEM LSV Vehicles, 2 (two) digital sign boards and other items to install charging infrastructure and assist with emergency response for a not to exceed sum of $305,500.
CITY COUNCILIHOUSING AUTHORITY AGENDA
JUNE 27, 2023
PAGE 3
** The following item of general business is the City Council acting as the Housing Authority. **
4. Award 206 E. Whittley Housing Project
A multi-family property at 206 E. Whittley was purchased in 2008 with the intent to provide affordable housing units. In order to ensure the opportunity for highest and best use of the property, Staff proposes remediation of the existing retaining wall, and additionally leveling and backfilling of an adjacent area that will widen and recapture areas of the southern portion of the East Whittley public right-of-way at the 90-degree curve. City Council acting as Housing Authority approved the design and construction documents, along with the release of a Request for Proposal May 2, 2023.
Recommended Action
(1) Review the bid results. (2) Award a construction contract if an acceptable bid is received, rreject all bids. (3) If bids are rejected, adopt a Resolution Pursuant to Public Contracts Code 201767 by 4 /5 vote Authorizing the City Manager or his designee tonegotiate the construction contract for the 206 E. Whittley Housing and Site Preparationproject.
CLOSED SESSION** The following closed session items are the City Council acting as the Housing Authority. **
1. REAL PROPERTY NEGOTIATIONS
Property: 128 ManIla Avenue
Agency Negotiator: City Manager
Negotiating Parties: City Manager and Captains FoundationUnder Negotiation: Price and Terms of Payment
2. REAL PROPERTY NEGOTIATIONS
Property: 206 E. Whittley
Agency Negotiator: City Manager
Negotiating Parties: City Manager
Under Negotiation: Price and Terms of Payment
ADJOURN
NOTICE OF POSTINGI, Devin Elise Hart, declare that the City Council Agenda for Tuesday, June 27, 2023 was posted on Monday, June 26, 2023 on the City’s website wwwcityofavalon.com/aqendacenter, and at City Hall, 410 Avalon Canyon Road.
cc, Devin Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: June 27, 2023 AGENDA ITEM: I
ORIGINATING DEP: Administration CITY MANAGER: QAJ1J..
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Zilo International Group LLC Contract AwardRECOMMENDED ACTION(S): Authorize the City Manager to execute a contract with Zilo International Group LLC for a not-to-exceed sum of $35,000.
REPORT SUMMARY: The City of Avalon actively pursues state and federal grant opportunities to assist with City identified unfunded projects and programs. Many funding agencies utilize US Census income data to determine grant eligibility and funding reimbursement levels.
The current City of Avalon Median Household Income (MHI), per the 2021 US Census American Community Survey 5-Year Estimates, is $77644 (+1- $18,531). Staff believes this does not accurately capture the City of Avalon’s true MHI. In order to resolve this discrepancy, City Staffare recommending completing a Community Wide Survey.
On April 5, 2023, City staff issued a Request for Proposal for professional services to conduct aCommunity Wide Survey for the City of Avalon. Despite advertising for the services, only oneproposal, from Zilo International Group LLC, was received. City staff reviewed the proposal and received a presentation, concluding Zilo International Group LLC is well-qualified. The firm has experience working with cities and other public agencies in completing a wide variety of surveys, including community surveys. Therefore, it is recommended to award a contract to ZiloInternational Group LLC.FISCAL IMPACTS: The survey has been budgeted in the FY2023/24 General Fund OperatingBudget and will assist City Staff with a broader range of grant opportunities.
GOAL ALIGNMENT: Grant Funding Opportunities
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Future grant fundingeligibility and reimbursement levels will be based on the 2021 US Census American Community Survey data.FOLLOW UP ACTION: Execute a professional services agreement with Zilo Associates.
Develop a stakeholder community group to assist with the survey implementation and return to City Council to publish the final report in approximately five months.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Zilo International Group LLC Scope of Work June 19, 2023
Dear Selection Committee,
Thank you for the opportunity to extend our submitted proposal and our approach to thesurvey implementation. We are excited about the possibility of partnering with the Cityof Avalon and assist to design, administer, and analyze the results of a comprehensivesurvey of Community Wide Income. Our approach is to work in partnership with the project team over the duration of this project and to collect data to better capture the City’s MHI for future grant applications and funding considerations.
We would be honored to partner with you to achieve your goals. We are very excitedabout the prospect of working with you and providing you with the resources andservices needed. We are committed to serving our clients’ needs and will be availableat all times.Our team has the skills and values to effectively and efficiently complete the community wide income survey and each task associated with the process We have identified the following phases and tasks necessary for project completion:Task 1: Prepare Project Management Plan During Task 1 we create a thorough communications plan and schedule between the City and Zilo, while giving insight into how our entire process will be done. We work inpartnership with the project team and staff to ensure a collaborative process throughout the entire project and to provide a schedule and work plan that best suits your needs and focuses on gaining the desired information from the community.
We will begin with a kick-off meeting with the project team, we anticipate discussing thefollowing topics:
• Background and Relevant Information — Here we will gather insight into the previous studies community wide income. The project timeline will be discussed and finalized, and specific times you wish to have deliverables received will be noted.
• Existing Documents and Data — We will review any past surveys and analyze them to find any necessary changes to the survey. • Develop Additional Plans — QJAJQC plan will be discussed with how we implement it throughout the process. And from that we will develop the risk avoidance and mitigation plan where we bring our insight in survey development, implementation, and identify various risks.
Following the initial meeting we will have bi-weekly check-in sessions, to discuss the survey progress and answer any questions you have. Prior to the beginning of ZILO Community Wide Income Survey 2I’ F RS- I II)NAL. CR01. I’ administration and collection, Zilo International Group will work alongside the City to ensure that all stakeholders and the community are made aware of the upcoming effortsfor this project.We will work closely with the City and the marketing/communication team to increase
survey awareness and encourageparticipation. The outreach efforts alsoinclude social media campaigns, door-todoor follow-up, email blasts, websiteannouncements, direct door mailing, and the engagement of other stakeholders andcommunity groups, such as libraries.
The example to the right is a social media
post developed for a local government
conducting a community survey.
ZILO
City of
Veneta 1n
hdp .ntwe’ qcsIa’o
c :Q-mnAe 4fl4
.,t ayor,boayt - Task 1.1: Develop a Sampling Plan
To begin we will go in-depth about the specific requirements you are looking for when conducting the survey. A breakdown of surveys is essential to identify sample size that adequately meets project and modeling needs.
It is our hope to increase the response rate and surpassed the 772 completed surveys in 2016.
Task 2: Develop Survey QuestionsAfter the initial planning stages, we will begin the design of the survey. Working alongside the City, a collaborative effort will be made to encompass all desired areasof evaluation. The design itself will allow for easy completion and understanding while giving in-depth and useful information for our team to analyze and apply.
We will ensure to capture all data needed and that the survey effort will containsufficiently detailed information to allow for accurate geocoding and validity of thesurvey data. • Evaluate the current City of Avalon Median Household Income (MHI) Surveys should prioritize the collection of income data and, if desired, also include all relevant demographic information, including age, race, ethnicity, gender, and other identifiers.
ZILO
ST VRSAIIIJNAL iifl1
V
Community Wide Income Survey
Task 3: Survey Distribution I Data Collection
Our team will handle all the functioning of the survey management, social media materials and outreach, and survey instrument. We recommend using a hybrid methodology consisting of mail, online, phone, and in-person to maximize the overalllevel of response. Using a variety of materials to reach as many people as possible,including but not limited to: social media tools for broad public outreach, and an updated page on the website to keep people informed on current activities and direct them to the resources they would need to engageS
We have found that providing a prepaid envelope to the surveys significantly increasesthe response rate. We recommend the survey is sent to all the residents along with a letter explaining the purpose of the survey and encouraging participation. The prepaidreturn envelope that will be provided will make it easier for the community members to participate in the survey. Privacy is very important to us and we will ensure participantsand clearly state how the data will be used.For the door-to-door follow-up all surveyors will wear blue Zilo shirts to be easily identified and trained to be courteous/professional at all times and the importance ofaccurate data to achieve the objectives of the survey. The average time to complete the survey should be less than 10 minutes.
All surveyors will be trained in how to properly conduct the in person surveys. We will provide classroom training, exposure to mock scenarios, and field training. Some of the topics that will be covered during the training will include, but is not limited to:
An overview of the project
Basic survey information
o Survey information regarding materials, equipment, and how the survey will be administered
o Safety information for the surveyorso Average time to complete the survey o The minimum age of resident to be surveyed
o Dress code
How to effectively administer the survey
o Mannerisms and body languageo How to approach residento How to conduct survey if resident doesn’t speak English o Assisting residents that may not understand the survey questions or need help reading and extra guidance
o How to conduct survey if resident has less than the average time required to complete the survey
o What to do if resident refuses to participate in survey ZILO Community Wide Income Survey 4
Upon survey completion, Zilo administrator will check over all of the surveys that were conducted to ensure that is fully complete and valid. We will then ensure that survey issuccessfully completed and that we have relevant data to analyze and draw from We will provide the City with a progress report on survey activities.
Task 4: Quality Assurance I Quality Control (QAIQC)
After gathering the surveys, we will begin our analysis and reporting of the responses.
The benefits in being able to properly analyze these surveys are vast. We understand how crucial analysis can be, which is why we pride ourselves in our analytical abilities.
Survey management and Analysis is one of the most important sections of this project.
During this phase we will ensure that work has been successfully completed and that we have relevant data to analyze and draw from
- Data Checks: Data checks will be addressed to ensure quantity, quality, distribution of samples collected] as well as completeness and accuracy of the information.
- Data Processing: After the final data collection period, the Zilo team will review all records entered in our system. Each survey will be deemed complete or incomplete individually, and then finally processed.
- Quality Assurance! Quality Control: We will develop a quality assurance/quality control procedure to guide all data collection] handling of data,and management of data to ensure that information received is accurate for analysis.
Task 5: Data Analysis
In this task we will begin our preparation of the final report by reviewing all the forms submitted, ensuring that they all adhere to the quality assurance standards, and thenanalyzing all the data gathered. Our main data analysis will be done in Excel where we will create separate and organized trip tables where we show the results. All the data presented will be cleaned up, organized properly. and easy to access and analyze.Our analysis will also consist of ensuring that the sample size was met] the specific areas of focus were met, and various cross tab analysis was conducted.
Task 6: Final Report and Presentation
In the final phase we will begin our preparation of the final report. Overall, the final report for a survey should provide a clear and comprehensive analysis of the survey results, It will be well-organized and easy to read, with supporting materials included as needed. By presenting the results in a clear and concise manner, the report can help ZILO Community Wide Income Survey 5‘N’bR%%II,\LrKt]I I’ inform decision-making and policy development based on the insights gathered from the survey. The report will have the following elements:
Introduction: Provide an Executive Summary of the survey and its purpose andbackground information on the target population, research questions, and methodology used to conduct the survey.
Methodology: Describe in detail the methods used to conduct the survey, including thesampling method, data collection process, and analysis techniques used.Results: The results section will present the findings of the survey in a clear andconcise manner and include both qualitative and quantitative data, such as charts, graphs, and tables to help illustrate the results. We will provide in-depth analysis andinterpretation of the survey results, results of each question, and our analysis. A trendreport will establish any significant tendencies in the data. We will provide a detailed assessment of the approach, including a summary of key learnings with regard tocontinuing to build stronger, more authentic relationships and trust amongst community leaders, partners, community members, elected officials, and City staff. We will present the data to City leadership and/or City Council to share and discuss project updates andfindings We have completed numerous projects and community engagment and have extensive experience in analyzing data similar to what this project will solicit. Our data analysisand synthesis has been where we have truly exceeded stakeholder expectations. We will use any and all feedback provided to make any necessary changes.We believe that Zilo is the ideal partner to work with the City of Avalon, with our deep commitment to serving our communities and our experience driving successful survey projects, we will enable you to make this effort a success. We are personally andprofessionally enthusiastic to work with you on this critical initiative. We recognize the enormous impact that this effort could have on achieving your goals. It would be anhonor to partner with you on it. It is our hope to build a long-term relationship and assist you in other areas as well. If additional surveys are added, our project team is ready to accommodate any changes and implement more surveys that follow a similar structure.
ZILO Community Wide Income Survey 6I’ H’ ‘.1 UN U (.HO P
CITY OF AVALON CITY COUNCIL
MEETING DATE: June 27, 2023 AGENDA ITEM: 2
ORIGINATING DEP: Public Works CITY MANAGER:
PREPARED BY: Robert Greenlaw, Public Works Director
Jamie Hmielak, Maintenance Superintendent
SUBJECT: Award Above Ground Fuel Tank Procurement
RECOMMENDED ACTION(S): Authorize the City Manager or his designee to procure an above ground fuel tank from Western Pump per the specifications designated for the Underground FuelTank Replacement Project at a cost not to exceed $160,000.
REPORT SUMMARY: The State of California requires the owners or operators of specific types of underground fuel storage tanks to permanently close by December 31, 2025. The City of Avalon owns four underground fuel tanks at the Avalon Fuel Dock that fall under this requirement.
With assistance from former Assemblymember Patrick O’Donnell, the City was awarded a $500,000 State budget earmark that is administered through the State of California Water Board to remove the underground fuel tanks located at the fuel dock and install an above groundsystem in compliance with the new regulations. The granting agreement requires the City tocomplete the project by November 30, 2023.
The project is included in the FY22-23 Budget and Capital Improvement Plan — Project Number 207004, Account Number 11470-6547 — with $700,000 budgeted.On March 21, 2023 City Council approved the design and construction documents for thisproject, and authorized Staff to post and receive informal bids to procure the fuel tank for anamount not to exceed $200,000. Two bids were received and opened June 16, 2023 that fulfilled the bid requirements. Western Pump presented the lowest bid of $137,283.30. A second bidwas received from CJW Construction Inc. for $259,000. Staff is recommending authorization to procure the fuel tank from Western Pump as they fulfilled the bid requirement at the lowest price.
A not to exceed request of a $160,000 includes a contingency for any unforeseen changes or costs as the procurement is finalized.
This is one of three contracts anticipated to procure the resources to complete this project at the most competitive cost. In addition to this procurement there will be a construction contract for the above ground tank enclosure and another construction contract to provide the gas station scope of work as well as removing the underground tanks.GOAL ALIGNMENT: City Infrastructure. Reduction of high-risk facilities.FISCAL IMPACTS: Total expenditure is not to exceed $160,000 towards CIP project code 207004 (account 11470-6547).
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City may not meet the timeline required by the funding agreement with the State of California Water Board.
FOLLOW UP ACTION: Procure above ground fuel tank from Western Pump.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Quotes from Western Pump, and CJW Construction.
WESTERN PUMP
3235 F StreetSan Diego, CA 92102(888) 239-9988
www.western pump corn
w WESTERN
PUMP
Sold To: Quotation (CRM)
Quotation Number: 0000001088-000
CITY OF AVALON Date: Jun 16, 2023
P.O. Box 707 Type: Work Order
Avalon, CA 90704 Customer Code: 13715Attn: Aliana Gonzales Reference: PROJECT NUMBER 207004- AST Cross Reference:
Ship To:
Sales Rep: JOHNH
Avalon Freight Services Job Number: n/a385 E. Swinford Street Estimator: JOHN HENDRSan Pedro, CA 90731(310) 510-0220 Expiration Date: Jun 23, 2023Detailsloescription: I WESTERN PUMP, Inc is pleased to offer the following Quotation for Petroleum Equipment:
DELAYS IN SHIPMENTOnce this confirmation is returned confirming the delivery date shown above, your order will be produced. If actual shipment is then delayed for any reason from the initial date of shipment, you will receive an invoice for the full valueof the order, with Net 15 day terrns. If payment is not received, tanks built for this order will be released for resale toother customers and you will need to reschedule your order based on available production. Tanks built for this order that rernain in inventory beyond 30 days will be subject to storage fees. A copy of our storage fee schedule is available upon request.
If you have any questions, please do not hesitate to contact me at (310) 463-4276. If acceptable, please sign below and return to Western Pump with your deposit. proposal and terms are
I CodelPart # Description
12,000 Gallon, 368” x 711” x 71” Hoover Vault Tank,
48,75
Includes:
UL 2085 Listing for Insulated, Secondary containment
Tanks, Protected Types
Factory Pre-Poured Lightweight Concrete, 2 Hour FireRated 4-2,1-3”, 2-4”, and 1- 6” Male NPT Fittings
4” Submersible Pump Fitting
18” Manway
8” Primary Tank Emergency Vent Device8” Secondary Containment Emergency Vent Device Finish Coat Desert Sand Epoxy
Safety and Warning Decals
Qty.
1.00 Unit Price Amount
78,525.58 78,525.58
Double Bulkhead Split 9,000 / 3,000 or 7,000 / 5,000
3” Fill Limiter Valve with Drop Tube, Adapter and LockCap Requires 6 Fitting (Recommended for Tanks or
Compartments 2,500 Gallons andLarger)
2.00 2,646.51 5,293.02
OuoIe 0000001 088-000
Jun 16, 2023
WESTERN PUMP
3235 F StreetSan Diego, CA 92102
(888) 239-9988
w.westernpu mfl .com
WESTERN
L PUMP
Note: Only availbie for use in ground level fill
applications (not internal spill-boxes)Ground Level Bottom Fill Containment BoxGround Level Fill Piping to Box (For Product)Ground Level Vapor Recovery Piping (With Cap and Adapter)Fibervault Finish FV-EMPT(suggested for localions near the ocean)Lateral Skidsfor 2022 CRC Codes 12.000 gallon Jault Tank(if required)
Estimated Delivery - San Pedro
Actual freight will be charged at time of Delivery
I Summary:
SubTotal: 115866.09
Tax(114,172.09) 11,417.21
Total Quotation: 127,283.30
Notes:
1 Prices stated are firm for 7 days from the date of this Quotation unless noted otherwise. 2 Prices stated exclude Installation (equipment only).I Payment to be made as follows: 25% down payment, 25% job start, major equipment billed and due upon shipment from Vendor, final balance due immediately upon receipt (unless credit terms have been pre-approved)
4. Financing Terms: 100% financing may be obtained through available lease programs with terms from 24 to 48 months and will include any required deposit. To learn more about these options, please contact your WESTERN PUMP sales consultant.
5. WESTERN PUMP, Inc. Standard Terms and Conditions (see below) will apply.6. WESTERN PUMP, Inc. will not be liable for direct, indirect, special, or consequential damages. business intern.iption or loss of profits damages, sustained by Customer or any partying cliaming by, through, or under Customer.
7. Customer hereby accepts the Terms and Conditions set forth within.8. Materials and equipment are subject to all applicable taxes.9. Cancellations or returns or non-stock or special order items are subject to a minimum 15% restocking charge, or may not be returnable.
BY SIGNING AND ACCEPTING THIS QUOTATION!
CUSTOMER ACKNOWLEDGES THAT HEISHE HAS READ,
UNDERSTANDS, AND AGREES WITH ALL OF THE
TERMS AND CONDITIONS LISTED WITHIN.
QUOTED BY: ACCEPTED BY: DATE:SIGNATURE: PRINT NAME:COMPANY NAME: TITLE:
WESTERN_PUMP
DATE: COMPANY:
Jun_16,_2023
2.00 3,595.35 7,190.70
2.00 1,972.09 3,944.19
1.00 2,181.40 2,181.401.00 12,939.53 12939.531.00 4,097.6] 4,097,67
1.00 1,694.00 1,694.00
Ouote # 0000001O88’OOO
Jun 16, 2023
WESTERN PUMP
3235 F StreetSan Diego, CA 92102(888) 239-9988
www. weste rnpu rnn. corn
Mn
Standard Terms
& Conditions:
Acceptance. This proposal, when accepted by Owner, will constitute a bans Fid econti act, subject to these terms and conditions. ftc supplemental terms and con dilions, and approvalof the Contractor’s credit manage’. Detis’cry of ne ina:ee abdeq.,,iperent herewslh nsiafa: on a’ he speduiec equpmert, Owrer’s acceptance ueieor (either in writi”g or oea’Jy r oerscnoe over the Ideprone), ard’y Ire iss_ance of an invoice consacutea a oird:ng accepiance by Owns’ of Ibis p’eoosal herein, Th.s a greeinent is “n entire uncer’,akirg of tile pan en cia re s_btect maclen hereot end he”: are no: prom sea, agreerrerta. 0. urders:ardb—gs. oral or wtlen. rot sneciliud herein.
2. Prices; Terms of Sale; Credit,
a Al paces a’e ouote’ r, goon a I” Cowever. iron hr’s Is lane. ,iuni,utaCj’e ‘5 stay r,riange vices va:’ira_: Lw 0’ nonca pc” io 1”itntent we rtnay oucte an ncon’nct pr on. or aprlcab’e taaes ma ynreeasr, i” alice’ case any or on a’ tar .n,creaue maybe acdnd tic Ov.nsi’s pnce. b. At payments are Ic be mace to Ccn:’actor p.,rsuia—: to e’,e terms cml It’s Quota: ces. Ail r,edds and trrns 0’ ire sate must be ac recard by Contractor’s Cred I Deoailmenl a: I—n cern of the order ar,d are suhieci to reetewanca pçrcval csirs-.g he lie ot any contract. A tinance charge of ‘I,2Yn per month I tR% per ycar) ray be chargea 0,1 aniau .‘cpaidbalance remaining all heend of every 30-day period. It payment is 001 niade promptly when due Owner must pay alt cosls and eepensos a tcollction inudiii reasonableattorneys’ fees. Coniraclor mys, revoke any credit eslended to Owner because otis tailure to nay when due or or any olher reason. c, Owners halt he responsible br and otis II pay all sales, use, escise, g obertitiieit tat surcharge and other taxes lincluding penylifes and intcrestt levied i ncortnection with this sale, Tho staled prices do not include antiticsfile loses unless otherwise spooned, and C ontractor niay charge for same by a subsequent or supplemental invoice, d. With respect to Owner-supplied matr’ivIs, Owiser agrees 10 indemnify and told Contractor harmless from any and all Oefeols or damages arising from use of these producls Owiter funher acknowledges Ihat they will be wholl yresponsible tar the pa y,tieit fist any sales and or use las owed to lbs Statetsi of California, Atizona, Nevada, New Mexico,Utah, Colorado, Idaho, Oregon, and/or Wxsbiit gton, a,sd shall supply Contractor with proof of such payment prior to completion of the ii heir upon request. e. Owner hereby grants aisd Contractor relains a purchayo mon ey security in lerest in said producteiequipment. including Ihe proceeds therefrom, for the purpose of securing Owner’s obligalion to make paynient in full, until payment is received in full in cash or collecled funds, at which lime the security interest shall cease. Conlraclor may, at its option, repossess line products/equipment upon Owner’s default in payment, and charge Owner with any deficiency, Owner agrees to eseca te upon demand sppropnate tinsnci ng statements for perfecting hi’s securi ly interest. tf the work is to be performed on property notown ed by Owner, upon C ontracto ‘s request. Owner shall provide aLandlord’s Waiver inaform acceptable to Contractor.
3. Detivet’y; Shipment Terms; Freight bainiage Claims.
a. Stiippiicg dates are approsimatri unit are contittgent attire, eccidenls. strikes, floods, maisufacturer pro duction sc hedalns, insfallation ucisedules and coordinatiois of trades. transpoOatioii delays, or olbe ‘causes beyond C ontractor’s cortrol. L’ontractot will erert the utmost effort to perdontn setirfactoi,ly ils shipping obligations and meet installation schedules but shall not be liable br delay for any reason or for damage in leansit cl any mat eriats furnished. Contractor may make delinery in inslatlments. which will beseparalety iisvoiced. b. The shipping terms, includisg the r.O.B poinl (such as ‘shipper’s dock” or a designated destination), must be indicated on the face ot this proposal. Tho shipping terms should also include whettiet right is ‘coIled’ or lobe “pre paid and added’. It these lerms are 1101 indicated, they may b echonen by Ihe Conlraclor Whenever merchandise isdelivered to tie designated FOP. poinl, a i:obbiini on carrier/b ymanu tacturer or C iiiitractiir) or in received by Owner, wh,chevei is eatlier. C ontrar,lor’s respossibility ceases a,sd lull risk of loss )ricludisg ltancpoilalion delays and tosses) and title passes 10 Owner, Contractor assumes no res ponsibilily or goods damageif I nybipmen t. Sttorlaqas aiitfhidden damag esor delecls to goods must be ‘epoiled to Cotsttacl ot and catt mi wilitin Jo days ot receipl of shipment. The quoted etices do not incltitle tie cost ot unloading, e.’hicn is C,sri’r’x resycnsi ml ‘y
4, Insurance. Limited Warranoy. Indemnity, and Hold Hanniess, a. Gcnt’acc’ccos no: eslenc waiianiivs 10 Owners’ materna’s arm egr. omen!, Tne prociacts sold yy Ccnlrazlc ray bes’a pooled but crdy to Ihe orient of a”y wx,iauiy od’e’ed by tie r’a’ufaclurrc &,‘ner sNob be “,uaans be to recis’,r eq,uumcnl w,n”a”’. Os seth I’m aar..’ac:.u’a,’, CONTRACTOR HAS NO LIABILITY WHATSOEVER FOR INDIRECT,SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING OUT NOT LIMITED TO LOST PROFITS, DOWN TIME, LOSS OF MATERIAL OR PRODUCT,CLEAN’UP COSTS ASSOCIATEO WITH LOSS OF PRODUCT. OR DAMAGE TO OTHER EQUIPMEI{T. UNLESS SAID DAMAGE OR LOSS IS PROVEN TO HAVE BEENCAUSED BY CONTRACTOR’S SOLE NEGLIGENCE. NO WARRANTY IS EXTENDED WIIERE EQUIPMENT IS IMPROPERLY INSTALLED BY OWNER. ITS EMPLOYEES OR CONTRACTOR. CONTRACTOR MAKES NOT OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS, OR IMPLIED, AND ALL IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMIED EY CONTRACTOR. FURTHER. NO WARRANTIES SHALL BEEXTENDED ON ANY USEO EQUIPMENT OR PARTS UNLESS SPECIFICALLY ENUMERCATED ON THE FACE OF THE CONTRACT.
5. CONTRACTOR EXTENDS A LIMITED WARRANTY FOR CONTRACTOR’S WORK PERFORMED UNDER THIS PROPOSAL THAT SUCH WORK WILL BE RENDERED IN ACCORDANCE WITH GOOD COMMERCIAL PRACTICE FOR A LIMITED PERIOD OF 90 DAYS FROM THE DATE OF CONTRACTOR’S COMPLETION OF SUCH WORK, HOWEVER. IF DURING THIS PERIOD. THERE ISA DEFECT DUE TO CONTRACTOR’S IMPROPER OR SUBSTANDARD PERFORMANCE. CONTRACTOR’S LIABILITYIS LIMfl’ED TO THE COST OF CORRECTING ANY DEFECTIVE WORKMANSHIP, THIS LIMITED WARRANTY IS NULL AND VOID IN THE EVENT THAT THE OWNEROR A THIRD PARTY PERFORMS SUBSEQUENT WORK ON THE EQUIPMENT INSTALLED OR REPAIRED BY CONTRACTOR. IN THE EVENT THAT CONTRACTORSHALL BE LIABLE TO OWNER FOR DAMAGES ARISING UNDER DR IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING BY NEOLIGENCE INTENDEDCONDUCT (BUT NOT INTENTIONAL MISCONDUCT) OR OTHERWISE, OWNER MAY RECOVER FROM CONTRACTOR ITS DIRECT DAMAGES NOT To EXCEED THE AGGREGATE AMOUNT OF PURCHASE PRICE PAID BY OWNER FOR THE PARTICULAR GOODS OR SERVICES TO WHICH A CLAIM OF LIABILITY IS ASSERTED. c, Citistractorsha II nave NO LIABILITY under this warraisty it equipmentmalfunclion or other probtc’nis resu It, directly or indireolly, tram accefurt (trot caused by Contradlor), subsequent work on eqaipnient by Ownir or third pargy, improper operation of cqnitmont, atadoquale niaintenanoe. and/or aiIm to properly prutuct tie equipniort fronienvironntenta I hazards d, Owiter agrees to hold Contractor harmless frotit and defend end indemnify if a gainst a, iy of Contractor’s or Owner’s I asses in cone ection wilh any propetly darniage, personal injury or death, whether sans e relales to any claim, penally. or tne by govern m eot agenr.y for pollution, eaeironmental damage. clean up, or otherwise. or whether any claim is made by any third party agairst Contracfor or Owner or said damage, personal inlury or death is ctaimed or sustained by Owner or made against Owner or Conlraclorin connection therewith. including bul not limited 10 damages, costs. eapenses, and atlorneys’ fees. except to the eetont that said damage. personal intury or dealh is proven to havn been caused by Contractor’s sole negligence, Where a penalty. tee or claini for pollution damage or cteenup is ma de against Contractor in cosnec lion with installation olmaterials and equipment. Owner agrees to hold Contractor harmless trom and defend and iedemnily it ayaixst same,NO EMPLOYEE OR REPRESENTATIVE OF CONTRACTOR IS AUTHORIZED TO CHANGE THIS WARRANTY IN ANY WAY, When specifically incluifrxit its the work, cite drawings, inslatletion ptars, and as’ built drawings will be prepared usieg acurrent Owrer-provided set of scale drawings showing property tines, rights of way. easements, utilities. driveways. buildings and improvements, Aiay drawings furnished in corxedlstn with the bid proposal or ‘Node were tor bidpurposes only and are he propeigy ott/se Contractor. It such drawings are usc’d withoutaprofeseion al or registered engineer’s clamp Owner uses it at its own risk with full andcomplete indemnity to Contiacior tot any acts, errors, omissions, or damages that niay arise out of using sech drawings. g. Contractor shall mainlan woikery’ connpensotion insurance covering its owe emptoyeoe Unless otherwise specified, Own er shall main lain genorat tiabilily, completed operations and builders’ ath risk insurance, and shatl meet financial responsibility requiremenls ot tcderal and stat estorage lark regulations sutliciert to protect against claims that may anse under this ptoposal. Unless otherwise specified, Contractor shall nol be requited to oh lain Iidelily or surety bonds and the cost of any such bonds maybe added to theprice. h, Contractor, itt I utisisistis g services heretindei, i saictri p only as an independ ml ront’sclot, Cranlractc,t do es not undetlake by Ihis agirement or olhtnrwiso to portortr any obligations of Owner, whether tegulalory or contractual, or to assume ally tesponsibilily br Owen’s busesess 0! opetalions, S Cancr Itation and Return of Goads, Owner may cancel an ordet only upon adva nce ssetten appioval itt Conleactot, pnovided Oweet pte’pays the freight r.Ii.erges asd CoiitraLtlit’s reaao.’abe ca”,colla::omi arm restocang charges basoic n part on inia’utactslrer’a c’iut ges. No me’char,c’ise m xtt,mahte wuseut Ccteifractor’s yeicvartct women cc”neri L’e’cltand Seriusi be recurrec within fe’ I tOt days o’ C’w’r.em’s rei,siot of aTtIc’ autho’izat.on anc must be accc”npa’leo Ce the nc’dce eumner anot,’o’ aouuy of tie sales ‘ecaton, At tie apt.c’i ciContractor, rels,m of n’a:e”al P104 10 moe mum Conlradto”s ac’xo’;al’e,l ‘I ressII in material rerai” ‘ng the propertni of Owner, ano’ itw II oe sto’ed at Owner’s rek antI oacenise. I’Cont’actc,r accepte no ‘iia:er alnre J” to ‘ci ecil a hansli”g d’iarge oased in part on acoeptance 0’ he material foe ret_rn by lhq na—c ‘aclurer wit, be c”arged. ard not cr0011 w II be issued to Ousre’ intl credit from 5 e”a’s,’ac: ‘en e’eceia Sc,
6. Governmental Compliance. Environmental compliance is Ow ncr’s responsibility. Its railure to compty strictly with aoplicable federal, slate, on focal requirements, rules and/or regutaoio ils)i noluding but tot limited to those applicable to noti ccl shatic omptetely void all express or implied warranties of Contractor. Ills ‘me Owner’sroe poissi bilisy to report any inveittory shomTage or suspected reteaees to federal, slate, and all ol her ext honlies havirg lutis diction and to Co,,traoiom or a rerlitied lank handler wilh,n 24boo’s of occu-re rice, Owre tagmers In hokt Contractor artrles.s from ann isaenv’ity and defend Cont ‘actor aga’nst uny rta,rrs or l,aci l.ly’e’alrg’,o Owner’s ta l,sw to comet yslri cty wrn a I federal, state. cr local enasm rerre—lal recui’ements ruiles eretior cegulal 055 irIs d.sg t’sose aoolta bte Ii notice, Jrdess otsemv. se soncifed he-en C’wnero’ts agent snal’f,ssn sh state rre rrarshers ,er,’ra I i’regs.red, ann all oqner nertncs, hcsnees, rapec! oil lees ci aop,’ovals, sche:r,e ‘regu red ny Iede’at Slate, or local ‘egzlacicns. C,nner seal reg 51crall ness or nerlaceetsent “egula’et slo’aqe leaks n aocorcance ‘st apeticale s’a’e aha local ‘egulat oiss.
QuoteS OOii000t000-oog
jun 16, 2023
WESTERN PUMP
3235 F StreetSan Diego, CA 92102(888) 239-9988
www.weste rnpu nip. corn
it
7. Manutauttiner Information. Contractor will provide manufacturer’s piorlucl into, ma rise arid inslallali on tnstraclions tar irstormalional purposes bsl makes no rent esa,rlar,urss reguarding such ,nromiationr
a, Testing, ‘J’kss alhenv.nsa spes led ‘-even. Co’nnas:or aha pen(o”n tesl.rg tenured by g—’va-n “santa’ vesiutattone cs.’ca “ag the ,ntsia la’.c.r ci eslaipissenl ,rvrarcd by Conlraclcr unrest’ rh’s agns”ne-i: (net, isdusi’s cncds,os teslt’sg), A,i other ‘eq,aned curry deal be ‘esoo”srn lry 0r Os-ncr ai’d sit costs to per°o’rn said tests sli rat Ire oaie by Oer’er unless othenw,s espectte d in v,—itr—g.
9. Hardwareisoftwane Compatability. tr ctnnnct-on dotli Its o’orssat lee nones assa’nie that ary iuelr”n svste-”s hand,na’e sad sctrsuia’e supa’i:ic hy Curse, sr’t’n-e’-.Uy ernest tr’e arc ‘cqjnn sole ncuni”rn star-ups:‘d pnc-g’ac-rrirg Ii or ster’tp. Its d-sccsmefl rrst the hadveare and’cr ycttwane it ‘tot so,roalante on ha Sinai. ereiclen; n’s nt: rnqmne adoit’cca’cniuigi,atrsn tie ,pg,ad rg, Caeitnacicr -nil on bud tinniess ncr’ dy nesjt,ng celsys in corintetion ci wwS and shar be a—riles to (c-I oay’ss”I sine Co”tracl P-ice 10, Administrative Provisions.
a- Changes. Tn s agreement may be amendes at the ‘eas uest otetne’ panty no.9 -nec to -ne by sets en Ct’a”ge Orden signed by both panties, sett-rg torn’s pant’c,Aar charges to Ce mode and the aPed of s,.d- cnan;es on the p’iue and en the time at cc’1etre’c sub act to Co’itnactc’s anpeevat. n Recordkeeping. aren ‘e essçosie to keep daily accixale ineentc’y neco’ds or peonacte etcned r, ranks h’es. arre discenu pg ecLi’ ent as negu ned bylaw In Inc even: ci an inventory dscnepancy earth —30 days ‘nn’n dare of emla lalion Came’ stra I i’n-naedia:e,y no: (y Contractor bIased by written cc,noris,a:,cn- IN NC EVEN’ SHA;;CONTRACTOR BE RESPONSIBLE FOR DISCREPANCIES- CLEAN-UP OR RELATED COSTS INCURRED FOR SAID DISCREPANCIES PRIOR TO NOTIFICATioN, c- Contingencies. Coniraclon will be secused mom periennrartce under this agreement and wilt have To liability (or any pen, ed it is pnearnt it ruin peraormine an y of its obligations, note c’ in pal as a nesul: o’ delays causto ny:he (cwnen cc a lb to panty oa by an act at God- wa’. Inn tacos. sister cant 4iicn’s rna”utaiilu’,r’s’ p,ndjclirr echecules r’,stala: s— sd-a dYes a —d ccs,tinotion trades, delays nt, anspola Iitw acts at gr.vernr’ent agencies- act derts, coed enrten Iob’i’ dssputm tt’i’d pa’Iy eetir’r”ar’r.n ofctcnee”onrrance. on dt’en causa beyond Contnacto’ S teascnab e conl’el- nck.d ng ta,tunes a’ It nstuar tws n ee::n,cat pewen. heat Lghl, or tetecu,nnn,n’car-,,ns and ace, ,sr.n ee-icrrrancn anal rut oe a cetaut benesde’, or groonds ct Ien,mna:ion elsa agreemenl d Photognaphs. Drone Foetage Ccetnac:o nay race pito:oqtap’s and u deo ‘ecnr,dn-ga a’ all aspects of exca sen en and inatalatton, Surveys.Permits. Easements, Tap Fees. Etc. LJ&ess soect nsa in the Cnwl,aoi Docs.iients C even she I tt.nriaui elI esveys and sncu’e al bn.i’et—q and styr perrrr:s,Easen’er:s Ian eesrane’t s:nn.ctunet or onanges in eatstesg ac-Ri as sna tbe aeo.ned by Des-nec alO’s-nee’s eaonnseSubco.stnactons. Sv.tscclnac!-ors mae en irasolnyed ay Cs’ttadlo ‘sea’ ira a acrerian Ia csmrdete Use Want Co’tvaclnai shak rd he Fads be darans cased bySjbco’st’ac:c’s chosen dieON by Casper Dense ag’s-es cs ‘e1’a-n Iron antenng plo aey ocr:’acr ci’ egnern—en: with Suhco,nliacter dt’eetbe swth ‘eganda Ia extras, sen-isv cpu. cccha’s ges ii sannecpo sash Use recek siintt,csi lire asyness sent lets coese’ I ol Csrlnscta’,No’s’ Dsc’mnot’or Co—taac’csr henetry agrees It-ar ii 55 i dscrni. Pale aga nat any Inc hqd,al writ’ nesped to say e’nploy’asent a’ terms at e”plopssent by mason et suclo individual’s race cider - neligien. seaage. an natttn at oriqte r - Enforceabilitytseverabtlrty, Non’Waiveran d Ne,tAsstgnabtlity. II arty of tho pnoviaians hsreot shalt be deeme dunentarceaute b yreasen at law, the nemaining pnovisi ass sha ‘the deemed enforceabte, Any saa ocr of a bneacha I rhi sagreernenls hatl not be construed as a waiver em the nemaining terms of rh econtnact, Ownen may net assign this agneement or any rights hereunder in wlrote or in parr, wirlrout the prior smitten conseni al Contractor, 12, 0 ovenntn 9 Law-Allot ha provtstnns hereof and am alt renuttinij anders are to he gnennncd and construed under the laws of the Slate of Catttornia, and Ihe courts at said Blair, shall nave urisrdrcti on rosier any dtatis it consenting this agneemen Western Pump, Inc. is a proud Distributor for:
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QRED JACKET ç TRITIUM q GASBOY BRUGO j ¶?NTAtT CREE+
LA MORSON BROL2 C’ ContiTech P11151 ccn •- ssnsiLoi,sra ømegaFlex FILL-RITE I Financing Available Through;
fl PATRIOT
4t CAPITAL CORPORATION
Geoff Smith (404)91 5-9749
eoff. smith Dpatcaptin ance corn
Quote a goetogot 000-nec
Jun 6, 2020
UNDERGROUND FUEL
TANK RELOCATION
PROJ. #207004
Proposal By:CJW Construction, Inc.841 E. Washington Ave., Suite B Santa Ana, CA 92701
(714) 835-6820
[email protected]
Proposal For:
City of Avalon410 Avalon Canyon Road
P.O. Box 707
Avalon, CA 90704
(310) 510-0220
www.cityofavalon.com
PROPOSAL FOR:
TRUSTED CONTRACTOR
CJW has over 20 years of experience in fuelsystem construction. CJW has partnered with Bryant Fuel Systems, a leading fuel tank
system manufacturer with 35 years ofexperience.
QUALITY DESIGN & MATERIALSAll of Bryant’s tanks are built to the highestquality ISO 9001 standards. All BFS Products can be customized to your exactspecilications. Innovative designs andattention to detail ensure your systems,tanks, manways, railings, ladders, platforms and locking cabinets are built to last.
TURNKEY SOLUTION
Bryan Fuel Systems UL-certified fuel tanksprovide a unique turnkey fueling solution, where you’ll get a single plug & play solution
to meet your fueling needs in Avalon. Youcan count on our complete fueling systemsto be easy to operate, quick to install andeasy to relocate no matter where your fueling demands may be.
Pictured: 12,000-gal aviation seLf-serve
fue[ing system with credit card reader
LEGAL NAME & ADDRESS
Name: CJW Construction, Inc.
Address: 841 E. Washington Ave., Suite B
Santa Ana, CA 92701
LEGAL FORM OF COMPANY
Corporation
CJW is not a wholly owned subsidiary of aparent company.
CITY BUSINESS LICENSE
While CJW does not currently possess a Cityof Avalon business license, we have the capability of quickly obtaining one afteraward.
PROPOSED REPRESENTATIVEName: Daniel Duarte
Title: PresidentAddress: 841 E. Washington Ave., Suite B Santa Ana, CA 92701Phone: (714) 835-6820
PART 3
STAFFING RESOURCES
Firm Staffing & Key Personnel
For this project, CJW will staff a Project Manager. The remaining level of staff needed will come from our Key Subcontractor, Bryant Fuel Systems.
This is ci successful approach that CJW has taken on previous projects.Though we subcontract the tank manufacturing to Bryant Fuel Systems,CJW maintains full authority and accountability for project quality control and success. This includes schedule and budget management,quality control/ quality assurance, and customer satisfaction.Subcontractors For this project, CJW has partnered with Bryant Fuel Systems. They will be our Key Subcontractor for tank fabrication. We do not anticipate any other functions that will be subcontracted.
MEET THE CJW PROJECT MANAGER
JOE MATHEWSON
- -
... Joe is a senior Project Manager with over 30 years
of experience leading fueling sector projects
ranging from fuel facility upgrades to the $52-MBETA Offshore return to production project.
With more than 30 years in the petroleum
production, refinery, pipeline, tank terminal, and
I hazardous waste management industry, Joe has
%...._ the expertise to guide the new Avalon fuel tank
4 ./ project for moximum in-field constructability. With /
A his leadership, the City’s new fuel tanks will be plug
4. &ploy.
As the Project Manager, Joe will be the city’s ‘, primary point of contact. He’ll lead the weekly i, I status update meetings, communicate with the City for any information requests and have overall
fj’ 44 :4 \ responsibility for project progress
—
.A
EXPERIENCE & TECHNICAL COMPETENCE
For this project, CJW has teamed with Bryant Fuel Systems. Founded in 1988 todesign and develop safe, code-compliant, and environmentally friendly fuelingsystems, Bryant currently manufactures UL-certified fuel tanks and dispensingsystems currently in use on military installations throughout the world.
Their leading turnkey solutions provide plug-and-play fueling solutions to avariety of industries in a myriad of environments. Bryant has the local capabilitiesto fabricate and deliver everything from 10,000-gal stand-alone aviation fuel tanks and dispensers for use at remote airports to 20,000+ gal. split tank skid mounted fueling systems that are hardened to withstand military attacks.
Regarding the statements in the RFP section 4.b, CJW Construction has no occurrences to describe.
SERVICE CONTRACT #1
Description of Services:Performed by CJW, this service contractincluded complete replacement of eight above ground fuel storage tanks. Tanks
ranged in size from 350-gallons to 7,500-
gallons installed at various locations ona remote military bose.In addition to tank fabrication and delivery, the project included repairs tothe piping and containment systems, installation of new grounding and tanklevel indicators, and replacement of fuelsystem piping.
Staffing:This design-build project was completed
by CJW, led by Project Manager JoeMathewson (same as proposed). BryantFuel Systems was part of CJWssuccessful team as the key subcontractor for the new tank
manufacturing.
ROLE OF THE FIRM
Prime contractor
DOLLAR VALUE - SERVICES
$423,963DOLLAR VALUE - FEE
N/A
DURATION OF SERVICES
2017- 2019
RELATIONSHIP TO CLIENTPrime contractor
CONTACT INFORMATION
Name: Ensign Andrew Quan
Position: Construction ManagerEntitr U.S. NavyPhone: 760-939-4428Fax: N/A -Email Only Email: andrew.quannavy.mil
dirF
SERVICE CONTRACT #2
Description of Services:
Performed by CJW’s key subcontractorBryant Fuel Systems, this service contractincluded the design and manufacture of a 6,000-gallon diesel fuel tank and
fueling system.
Similar to Avalons tank, the piping isstainless steel and the system has SteelShield P113 corrosion preventativeprimer. This ensures a higher level of corrosion protection and reduces the riskof contaminants in the fuel deliverysystem. This is an absolute must in highmoisture salt air climatesStaffing:
This fuel tank and system was designedand manufactured by Bryant Fuel Systems at their local Bakersfieldlocation. The same design andmanufacturing crew will be involved in the City of Avalon’s new fuel tank.
ROLE OF THE FIRM
Tank manufacturer
DOLLAR VALUE - SERVICES$52,760DOLLAR VALUE - FEEN/ADURATION OF SERVICES 2019
RELATIONSHIP TO CLIENT
Tank Designer & ManufacturerCONTACT INFORMATIONName: Megan chicoine, AEMPosition: Manager, U.S.operational SupportEntity: Hancock NaturalResources GroupPhone: 530-515-0109Fax: N/A -Email OnlyEmail:
[email protected]
a
SERVICE CONTRACT #3
Description of Services:
Performed by CJW’s key subcontractor
Bryant Fuel Systems, this service contractincluded the design and manufacture of a 5,000-gallon UL 2085 fuel system.Similar to Avalons tank, this system included stainless steel piping, a Wayne
diesel dispenser, 35’ ReelCraft hose reel,SIR fleet management control system,and Steelshield RTT3 rust preventative primer.
ROLE OF THE FIRM
Tank manufacturer
DOLLAR VALUE - SERVICES
$80,548.12
DOLLAR VALUE - FEE
N/A
DURATION OF SERVICES
2020
Statting
RELATIONSHIP TO CLIENT
Tank Designer & Manufacturer
This fuel tank and system was designed
and manufactured by Bryant FuelSystems at their local Bakersfieldlocation. The same design and manufacturing crew will be involved in
the City of Avalons new fuel tank.
CONTACT INFORMATION
Name: Darren wilhelmPosition: Facilities Project
ManagerEntity: Trical, Inc.
Phone: 661-824-2494Fax: N/A
Email: [email protected]
CJW proposes the following lump sum, not to exceed fee proposal for the Scope of Services in full compliance with the specifications as provided. $259,000
EQUIPMENT INCLUDED:
One 12,000-gal UL 2085 tank with two
compartments and the following features:
• 9,000-gal compartment for unleaded fuel and
3,000-gal compartment for diesel fuel
• Inner and outer tanks built and tested per UL 142• Listed per UFC 79• NFPA 30 & 30A compliant• Ballistics protected • Impact protection per UFC 79• Exterior blast to prepare for paint• Primed with corrosion resistant primer• Finish coat with epoxy paint system• Three emergency vents - two for the 9,000-gal compartment and one for the 3,000-galcompartment
• Two primary updraft vents (one per compartment)
as required by UI.
• Interstitial space leak detection indicator• Manway for 9,000-gal compartment • Two clock gauges and alarms, one per
compartment
• All piping is stainless steel
Dispensing equipment which includes:
• Two 3/4 HP submersible turbine pumps (one per
compartment)
• Fittings as needed for fill and product dispense
DELIVERY SCHEDULE
Estimated 16 to 24 weeks for delivery due to
current supply chain challenges.
FABRICATION NOTEFabrication begins 2 weeks from receipt of the order and deposit.
OPTION
Fire safety emergency valves downstream
from tank can be added for additional cost.
PAYMENT TERMS
50°h deposit with order, 30% upon tankpressure test, and remaining balance due atshipment. i.e
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Pictured: 15,0O0-ga two-compartment (gas! diesel)
fueLing system with twin dispensing unit
FEE PROPOSAL
CJW carries an appropriate insurance policy. A copy of the certificate of insurance can be provided upon request. The RFP mentions an “Exhibit B” however none was provided.
ictured: 15,OOO-ga threeh
:ompartment fueling systemer
,-&
CJW has not had any claims filed by our firm or against our firm related to the provision of Services in the last five (5) years. zJ IT
Pictured: 15,000-gal two-compartment (gas! diesel)
fueling system with twin dispensing unit
tar
CITY OF AVALON CITY COUNCIL
I
MEETING DATE: June 27, 2023 AGENDA ITEM:
ORIGINATING DEP: Administration CITY MANAGER: j4LL(
PREPARED BY: Devin Hart, Management Analyst
Matthew Baker, Finance Director
SUBJECT: Authorize the Purchase of Vehicles, Charging Infrastructures and Digital Sign Boards to Facilitate the Development of a Micro Transit System
RECOMMENDED ACTION(S): (1) Adjust the Fiscal Year 2022-2023 Budget to reassign $305,500 from Commuter Subsidy Program (12230-5099) to Vehicle Replacement (12230- 6781). (2) Authorize the City Manager or his designee to purchase five (5) E6 GEM LSV Vehicles, two (2) digital sign boards and other items to install charging infrastructure and assistwith emergency response for a not to exceed sum of $305,500.
REPORT SUMMARY: The City of Avalon annually applies for Proposition A Incentive Funds through the Los Angeles County Metropolitan Transportation Authority (Metro). The City has received $1,000,000 in Proposition A Incentive Funds annually over the last several fiscal years, with $700,000 earmarked for the commuter subsidy program, and $300,000 earmarked for the City’s land transit system. In addition to these annual funds, the City received an additional$586,412 in ARPA Act equivalent Program Funds in the current fiscal year through the Proposition A Incentive Program to support transit programs impacted by the COVID-19pandemic. The City received a signed Memorandum of Understanding authorizing the award of these funds in November 2022. These funds must be spent in the current fiscal year for the City’s commuter or and transit programs.
At the May 16, 2023 City Council Meeting, City Staff recommended allocating the ARPA Act equivalent funds between both transit programs, with $286,412 to increased commuter subsidyand $300,000 for land transit improvements. At the meeting, the City Council approved the useof the $286,412 in ARPA Act equivalent funds to provide an additional one-time $85 increase in the commuter book subsidy for the month of June 2023. The purpose of the increased subsidywas to offset the impact of pandemic-related inflation on cross channel ferry commuting costsfor residents.
The City’s fixed route transit ridership dropped dramatically as a result of the pandemic and has not fully recovered, with current year farebox revenues down 16.1% compared to 2019. Public transit agencies across the state have experienced similar downturns in ridership. City Staff recommends utilizing the ARPA Act equivalent funds to respond to changes in consumer demands and make improvements to its fixed route fleet by transitioning to smaller, open air,electric vehicles to provide better ventilation and reduced crowding.
In studying transit trends throughout Southern California and considering the findings from the Mode Shift Study completed in 2023, Staff determined the development of a microtransit system would be the best fit for the community. Not only will the vehicle fleet have a significantly smallerfootprint — reducing traffic and congestion — the smaller, open-air vehicle will provide for a better overall experience for the rider.
City Staff researched microtransit systems currently in operation in other cities, including Anaheim, Long Beach, and San Diego. All three cities utilize Polaris GEM E6 vehicles to facilitate a point-to-point on demand transit system.
The Polaris GEM E6 provides a versatile and durable vehicle with proven success in providing high volume, mass transportation in other Southern California cities. Manufactured in Anaheim, California, the vehicles are electric with zero emissions and exceed Low Speed Vehicle federalmanufacturing standards.
City Staff solicited quotes from five (5) Southern California GEM dealers for five (5) fully loaded Polaris GEM E6 vehicles. At the time this report was authored, four dealers had provided quotes:
Dealer Quote
Cart Mart, Inc. S251 021.14
Electric Car Sales & Services, Inc. S266,665.00Model 1 Commercial Vehicles, Inc. S269,298.50 Coast Cart. nc. S281,182.63
City Staff recommend authorizing the City Manager to purchase five (5) fully loaded Polaris GEM E6 vehicles from the lowest responsive bidder — Cart Mart, Inc.
In addition, Cart Mart, Inc. will provide five (5), 6 kW fast chargers for an additional sum of $38,270 -$7,654 each.
To provide emergency assistance for these vehicles, as well as other electric vehicles, the Fire Department requested emergency vehicle shut off devices. At this time, these devices are available from one vendor — Darley — and can be purchased for $925 each. Staff recommend purchasing five (5) devices, one to be placed in every emergency response vehicle.
As a component of the microtransit system, Staff also recommends authorization to procure two (2) digital sign display boards. These 55” displays will be used to provide public informationregarding the City’s transit system as well as special events information and wayfinding assistance. During the COVD-19 emergency, effective communication became vitally important for the community. These signs will be a valuable tool in communicating emergency information,when necessary, to members of the public not signed up for emergency notifications or familiarwith the City’s website.
City Staff solicited quotes from two (2) digital sign board vendors:
Dealer Quote
EFLYN Electronics, Ltd. $36,240.85
TouchSource LLC $77,885.10
City Staff recommend authorizing the City Manager to purchase two (2) digital sign boards from the lowest, responsive bidder — EFLYN Electronics, Ltd.
City Staff have been diligent in pursuing grant funding to upgrade the existing land transit fleet to comply with upcoming state regulations requiring the transition to zero-emission vehicles and considered utilizing these funds to upgrade its Dial-A-Ride vans, given the age and condition of the current fleet. In January 2023, the City also applied for additional funding to upgrade the DAR fleet. The City was informed in May 2023 of the recommendation to award the City approximately $200,000 for the purchase of two Ford E-Transit vans with ADA capabilities. As a result of this award, City Staff recommend utilizing the available Proposition A Incentive fundsdedicated to land transit improvements for the purchase of new micro-transit vehicles and related infrastructure. City Staff will apply any remaining funds to cover potential overages in commuter subsidy activity or additional land transit operating expenditures not covered by other Local Return Funds.
GOAL ALIGNMENT: Not aligned.
FISCAL IMPACTS: No impact as costs offset by awarded Proposition A Incentive Funds.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not be ableto utilize Proposition A Incentive Funds that are required to be spent in the current fiscal year.
FOLLOW UP ACTION: Notify Catalina Express of Council Action.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
1. Vehicle Quotes—
a. Cart Mart,Inc.b. Electric Car Sales & Services, Inc.c. Model 1 Commercial Vehicles, Inc.d. Coast Cart, Inc.
2. Signboard Quotes — a. TouchSource, LLC
b. EFLYN Electronics, Ltd.
CARTAMART
GOLF CPRTS. PI2RTS & SEPVICE SINCE 1959
Thank you for the opportunity to provide this proposal! In business since 1959, Cart Mart is an award-winning dealer of last mile transportation vehicles such as golf cars, commercial vehicles, utility vehicles, low speed vehicles (LSV’s}, ehikes, escooters and batteries.We proudly represent the industry’s leading brands includng Club Car (Onward, Carryall, XRT& Current), E-Z-GO, Cushman, Yamaha, Garia, GEM, Polaris (Pr0XD), Taylor-Dunn, Vantage Vehicles, and ICON EV.
Besides providing you a great experience with this transaction, we are forever dedicated to our customers and our employees in the Sales, Service, Replacement Parts and Special Event Rentals ro B2B, B2C & B2G customers nationwide, through our seven locations in California,North Carolina, South Carolina, Tennessee, and Georgia.
Instructions for reviewing and accepting this quotation:
1. please review the details of this quotation for accuracy as this proposal was built to your specific requirements based on discussions between you and your sales advisor,
2. Review our Terms & Conditions for this purchase. You will be asked to approve theacceptance of these terms at the bottom of this proposal. A copy of these terms canalso be found on our website at:
htIps:JJwww,car1niart.com/coiitent/termsand <onditioris-ol-MU-Sale.
I If you are ready to approve this quotation, simply click on
4. Sign your name (electronically) and input your contact information in the field provided and submit!
5. DEPOSIT: You will be required to input your Credit Card information for the deposit.
Please note: We use a technology called text to p.ly’ and soon after accepting this quote. you will receve a text to the cell phone number we have for you in your customercontict prohle. All payments are highly secure and encrypted through this pay by text process. Deposit terms can also be found in the Terms & Conditions of this proposal.
6. Finally, there are several attachments linked to this quote that you will find helpful in making your decision. Please take a moment to review those attachments, if applicable.
Once again, we thank you for the opportunity and we look forward to welcoming you to the Cart Mart family!Since rely,
Cart Mart, Inc.
C4RTMIRT
GOLF COPTS. P!WTS & SEPVCE SfNCE ‘959 Quote
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Cart Mart Inc.
Quote# 9116v3 231 South Bent Avenue
San Marcos, CA 92078 Date 06-20-2023
United States
Expires 07-20-2023
Contact Jerod Morgan
Prepared for CITY OF AVALON
DEVIN THOMPSON
410 Avalon Cyn Rd
Avalon, CA 90704
United States
T: 310-510-0220 x126
E: [email protected]
GEM eG LSV
One-Time Fees
Category Item Qty Price TotalGEM Cart and GEM e6 LW S $19,613.00 Accessories $91 200.45 • Street legal
• 25 mph (40 km/h)• 6.7 HP (5.0 kW)• 13 in. street-rated 155/80 R13 Tires• Adjustable Driver Seat • Integrated Backup Camera, Self-cancelling turn signals, 1 kW onboard charger
• LED headlights and brake lights, dome light• Bucket seats, safety belts, grab handles, windshield wiper, non-slip flooring, sound emitter
• Front wheel disc brakes
• Regenerative braking• Steering — rack and pinion• Automotive style suspension — Front MacPherson Strut 5.6 in (14 cm) travel / rear dual — a-arm, IRS 5.9 in (15cm) travel
• 48V AC drive• Flooded batteries• Weather resistant, charcoal seats 7% Item Discount ($6,864.55)
GEM Cart and GEM e61 eLXD Power S $12,798.00 $63,990.00 Accessories
Batteries: Max Lithium Ion 12.4kw Battery $12,798.00 $63,990.00 GEM Cart and GEM c6 Body Colors S $1,962.00 S9,1flOOr
Accessories 7% Item Discount ($686.70) $9,123.30
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CIRTAIIRT
& SERVtCE SiNCF 95Q Quote
Category Item Qty Price Total
ColorDptions: RADIANT GREEN WITH GLOSS FINISH $1962.00 $9,810.00 GEM Cart and GEM e6 Seats 5 $0.00 $0.00Accessories 7% Item Discount ($0.00) Color options: Standard Charcoal
GEM Cart and GEM e6 Interior Accessories S $2,048.00 T’V; Accessories 7% Item Discount ($716.80) $9,523.20
Sun Visor; Sun Visor $119.00 $595.00
Steering: Tilt Steering with El’S $1,286.03 $6,430.00
Heatngnd5trep: Heating and Fan System $643.00 $3,215.00 GEM Cart and GEM e6 Exterior Accessories 5 $8,012.00 T4ft060.00 Accessories 7% Item Discount ($2,804.20) $37,255.80
Windshield: Rear Window with Front Windshield Washer $451.00 $2,255.00 Headlights: Premium LED Headlights $1 23.00 $61 5.00
Wheels; 16” Black Diamond Sport Wheel and Tread $965.00 $4,825.00 D.o.ors: Full Doors White with Gloss Finish $5,571.00 $27,855.00 Bumper: Rugged Front and Rear Bumper Set $902.00 $4,510.00 GEM Cart and GEM Rear Carrier Options 5 $1,803.00 $5,015.00 Accessories 7% Item Discount ($631.05)
Carriers: S-Bed with Solid Sides $1,803.00 $9,015.00
PREP FEES Dealer Prep & Inspection (PDI) S $200.00 $1,000.00 PDI Service: Standard Commercial Cars and LSV’S $200.00 $1,000.00 Fees bMwFinance?Doc Fees S $676.00 $3,380.00
DMVLFIOa nce!QpcEe,e,s;DMV Paperwork (Title Paperwork) $85.00 $425.00 Registration Charges $591.00 $2,955.00
Delivery Outbound Freight? Delivery 5 $200.00 $1,000.00 Outbound: 1-100 Miles $200.00 $1,000.00
Inbound Inbound Freight California S $1,800.00 $9,000.00’ Freight
INS,OUNDi Inbound Freight GEM eS and ELXD $1,800.00 $9,000.00 ‘N.00 -t OXONCirn, Subtotal $245,560.00
Please contact us if you have any questions. Discount ($11,703.30) Sales Tax (7.75%) $17,164.44
Total Due $251,021.14 USD
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Cost Breakdown
Category One-Time FeesGEM Cart and Accessories $23118000PREP FEES $1,000.00 Fees $3,380.00
Delivery $,000.o0
Inbound Freight $9,000.00
Discount ($11,703.30)
Sales Tax $17,164.44
Total Balance flue $251,021.14 IJSD
Quote Attachments
GEM_Brochure.pdf C.28MG)
Wiringjnstruction&pdf (172 KB)
Payment Terms: PREPAYPayment Method: CheckEstimated Delivery: 180 Days ARO (ii rnc.- Q:ie.16y S’S
FLECTRI( CAR SAIJES& SERVICE.
INC.
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(NJ,)-624I
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CITY OF AVALON
GEM e6 (Qty 5)
Included in quote:
Vehicle Models: e6
Options: GlossColor: Radiant Green Gloss
Select Roof Type: StandardSelect Wheels: 16” Black Diamond Sport Wheel & TreadSelect Doors: Full Doors Select Roof Accessories: NoneSelect Bumper: Rugged Front & Rear Bumper SetSelect Windshield: Rear Window With Front Windshield WasherSelect Headlights: Premium LED Headlights Select Cover: Don’t Include
Battery: Max Lithium Ion 12.4 kW Battery
Chargers: 1 kW Standard Charger (See separate pricing for 6kW) Top Speed Reduction: None
Seats: Black Performance Seats
Steering: Tilt Steering with EPS (Electric Power Steering) Stereo: None
Entertainment: None
Interior Lighting: Standard Interior Lighting
Sun Visor: Yes
Floor Mats: None
Heating: Heating & Fan System
Carriers: S-Bed w/Solid Sides
Freight to Avalon Freight Services, DMV. Tax, Licensing Optional Items Not Included:
6kW Fast Charger $7,600 (Plus Tax)
r4on ELi1 Model 1 Commercial Vehicles, Inc. phone: (909) 203-4800 14740 Ramona Ave Fax: (909) 465-5529 China, CA 91710 mo.deIl.com
Buyer’s Order Contract
Date: June 22, 2023 Iunit#(s): I
Customer Name: City of AvalonContact: Devin Elise Hart Phone: 310-510-0020 ext 126 Address: 4lOAvaIon Canyon Road Fax:City, State, Zip: Avalon, CA 90704 E-Mail: dthompsondcityofavaIon.comCustomer ID: Salesperson: Mike FarrShip To Address: Attn: Devin Elise Hart - City of Avalon - 410 Avalon Canyon RoadShip To Address Cont’d: Avalon, CA 90704Ship To Phone: 310-510-0020 ext 126 Ship To Email: [email protected] Source: Contact:
Address: Phone:City, State, Zip: County:
Description of Vehicle: J2023 GEM E6
VIN if:Engine Type: Electric FOB Terms: ShippingNumber of Passengers: 6 Wheelchair Positions:Estimated Delivery Date: 6-8 Months From P0 Payment Terms:
Unit Price $ 48,842.00Delivery $ -
Possession State:I CA Incentive (Non-Taxable) $ -
Rebates (Taxable) $ -
Doc Prep Fee (Taxable) $ 85.00Base Selling Price $ 48,927.00 ADA Amount (Non Taxable) $ -Total Taxable Amount $ 48,927.00 Sales Tax* (Estimated) $ 4,892.10
10.000%I CA - Avalon $ -
Notes: $ -
The tax and fees reflected on this agreement are based on the regulations applicable at — he time of drafting this conlract. The actual amounts due will be based on the regulations applicable at the time title for each vehicle trensfer. DMV Fees* (Estimated) $ — Sales lax estimate is catcutated based on the location in which the custonier registers the DMV Electronic Filing Fee $ 33.00 veh’cle Mt rebates and incentives wilt be signed over to creative Bus Sates. Tire Fee $ 7.00 California State Ttre Fee of $1.75 per tire applies to all new vehicte purchase or teases. Fees Sub-Total $ 40.00 Total Price Per Unit $ 53,859,70
Quantity 5
Contract Total $ 269,298.500.00
Customer Net Trade $ -Customer Deposit $HVIP $ -Balance Due $ 269,298.50 Remit To: 9365 Counselors Row, Suite 112, Indianapolis, IN 46240 version 2.0 5/25/2022 1 of 3
Terms and Conditions:
1. DEPOSIT. If indicated above, Customer Deposit is due at the time of signing this order contract, The balance due indicated above is due before vehicle(s) will be released to the Buyer. It the vehicle(s) is not accepted by the Buyer, the vehicle will be available for sale to otherbuyers. The vehicle(s) will not be tilled to the Buyer until the contract total indicated above plus any interest charges indicated herein are paidin full. There is no “cooling off’ or other cancellation period for vehicle sales. Therefore, you cannot later cancel this contract without the agreement of the Dealership, or for legal cause.2. DEALER NOT AGENT OF MANUFACTURER. Dealer is not the agent of the manufacturer. Dealer is not responsible for changes by the manufacturer in the price, available rebate, design or accessories of specially ordered vehicles. If Dealer’s price increases on a specially ordered vehicle, or if a rebate to be received by Dealer is reduced or eliminated, the Buyer’s price will be increased by a like amount. It Buyer isdissatisfied with the increase, Buyer may cancel this order and Buyer’s deposit and trade-in or the actual cash value ot the trade-in, if sold, minus any loan, will be refunded. Buyer understands that manufacturer may, from time to time, change the model, design, or other elements,including the parts and accessories, in the vehicle and at any time a manufacturer makes such changes, neither Dealer nor manufacturer areobligated to make the same changes to Buyer’s vehicle, even if such changes are made prior to delivery of the vehicle.3. DELAYS. Buyer will not hold Dealer liable for any delay caused by the vehicle or any component part manufacturer, accidents, stnkes, fires, Acts of God, or any other cause beyond Dealer’s control.4. BUYER’S INSPECTION AND ACCEPTANCE OF VEHICLE. Buyer understands that damage may have occurred to the vehicle at the manufacturer(s)’ factory. during transport to Dealer, or while in Dealer’s possession, on Dealer’s preniises, or at a show or promotional event.Buyer acknowledges that such damage to the vehicle, if any occurred, is typically corrected by the factory or repaired by the Dealer prior to delivery. Upon taking delivery of the vehicle. Buyer acknowledges: (I) having received ample opportunity for, and actually inspecting the vehicle as fully as Buyer desires and (H) utilizing and relying solely upon Buyer sown judgment to inspect and determine that the vehicle is of adequatequality, merchantable, and otherwise fit for the purposes intended by Buyer such that Buyer accepts the vehicle in its condttion as of the dale Buyer signs the front page of this Agreement. Buyer further acknowledges that Buyer did not make Dealer aware, and that Dealer was unaware, implicitly or expressly. of any particular purpose intended by Buyer for the Bus. Consequently, Buyer has not relied upon Dealer’s skillor judgment in the selection or delivery of the vehicle, Buyer acknowledges that Dealer has not made any representation regarding thevehicle’s condition, history. status, pnor usage, quality of or regularity of care or servicing, nor the existence of prior damage and/or repair ofdamace excent as reouired by law.5. IFNOTACASH TRANSACTION. IF YOU ARE FINANCING THIS VEHICLE, PLEASE READ THIS NOTICE: YOU ARE PROPOSING TO ENTER INTO A RETAIL INSTALLMENT SALES CONTRACT WITh THE DEALER. PART OF YOUR CONTRACT INVOLVES FINANCING THE PURCHASE OF YOUR VEHICLE. IF YOU ARE FINANCING THIS VEHICLE AND THE DEALER INTENDS TO TRANSFER YOUR FINANCING TO A FINANCE PROVIDER SUCH AS A BANK, CREDIT UNION OR OTHER LENDER, YOUR VEHICLE PURCHASEDEPENDS ON THE FINANCE PROVIDER’S APPROVAL OF YOUR PROPOSED RETAIL INSTALLMENT SALES CONTRACT. IF YOURRETAIL INSTALLMENT SALES CONTRACT IS APPROVED WITHOUT A CHANGE THAT INCREASES THE COST OR RISK TO YOU OR THE DEALER, YOUR PURCHASE CANNOT BE CANCELLED. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS NOT APPROVED,THE DEALER WILL NOTIFY YOU VERBALLY OR IN WRITING. YOU CAN THEN DECIDE TO PAY FOR THE VEHICLE IN SOME OTHERWAY OR YOU OR ThE DEALER CAN CANCEL YOUR PURCHASE. IF THE SALE IS CANCELLED, YOU NEED TO RETURN THEVEHICLE TO THE DEALER WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE IN THE SAME CONDITION IT WAS GIVEN TO YOU,
EXCEPT FOR NORMAL WEAR AND TEAR, ANY DOWN PAYMENT OR TRADE-IN YOU GAVE THE DEALER WILL BE RETURNED TO YOU. IF YOU DO NOT RETURN THE VEHICLE WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE OF CANCELLATION, THE DEALER MAY LOCATE THE VEHICLE AND TAKE IT BACK WITHOUT FURThER NOTICE TO YOU AS LONG AS ThE DEALERml i flAC ‘l’IJC I AlA! Akin nnrc tJflT flAp I a npcAru flc Tur Drafip wurki TAICIM( Tur ‘lrWIflI r flAflW
6. TITLE; ODOMETER STATEMENT. Title to The Bus will remain with Dealer unti the agreed upon purchase price is pa;d in full in cash or Buyer has signed a retail installment contract and it has been accepted by a bank or finance company, at which time title shall pass to Buyer even though the actual delivery of the Bus may be made at a later date. Buyer agrees that no statement has been made as to the number ofmiles on any new, used, or demo vehicles, except as set forth in the odometer mileage statement as provided by the Federal Odometer Law and on the face of this Agreement as required under state law which does not constitute a warranty, express or implied, or a contractual term of this Agreement as required under state law which does not constitute a warranty, express or implied, or a contractual team of this Agreement. Buyer acknowledges receipt of such Federal Odometer Statement.
7. TRADE-IN. If Buyer is trading in a vehicle, Buyer will give Dealer the original bill of sale or the title to the trade-in. Buyer promises that anytrade-in which Buyer gives in this purchase transaction is owned by Buyer free of any lien or other claim except as noted on the other side ofthis Agreement. Buyer promises that all taxes of every kind levied against the trade-in have been fully paid. If any government agency makes alevy or claims a tax lien or demand against the trade-in, Dealer may, at Dealer’s option, either pay it and Buyer will reimburse Dealer ondemand, or Dealer may add that amount to this Agreement as if it had been originally included, Any trade-in delivered by Buyer to Dealer inconnection with this Agreement shall be accompanied by documents sufficient to enable the Dealer to obtain a title to the trade-in inaccordance with applicable state law. Buyer warrants that the trade-in is or will be properly titled to Buyer and/or Buyer has the right to sell orotherwise convey the trade-in and the trade-in has never been a salvaged, reconditioned or rebuilt, flooded or a lemon buyback, and the tradein is free and clear of all liens or encumbrances except as may be noted on the front of this Agreement. version 2.0 5/25/2022 2 of 3
8. REAPPRAISAL OF TRADE-IN. If Buyers initial trade-in value is determined by anything other than a physical appraisal by Dealer, Dealer may later reappraise and amend the value of the trade-in allowance at such time Dealer has the opportunity to perform a physical appraisal of the trade-in. This physical appraisal will then determine the actual trade-in allowance provided on the front side of this Agreement.9. FAILURE TO COMPLETE PURCHASE. Buyer agrees to pay the balance owed on the terms and accept delivery of Ihe Bus within fortyeight (48) hours after being notified that the Bus is ready for delivery. Failure to timely accept delivery by Buyer shall give Dealer the right to dispose of any trade-in, trading any cash consideration received as a deposit and retaining the same, and at Dealer’s option, the righl to retainany deposit and pursue any other remedy available under the law to adequately compensate Dealer’s incidental and consequential damages and all other damages, costs, expenses. or losses incurred by Dealer because Buyer failed to complete this purchase. If Dealer paid anynegative equity balance on the trade-in! Buyer shall pay to Dealer the amount paid on Buyers behalf. It Dealer brings an action or involves anattorney to enforce the terms of this section, Buyer agrees to pay Dealer’s reasonable attorneys’ fees, court costs, and other expenses incurredin pursuing such action.10. EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES. Incidental and consequential damages arising out of the sale, use, servicing and/or quality of this Bus, including, but not limited to, any loss of use, loss of time, inconvenience, aggravation, loss ofwages/earnings/income, fuel/transportation expenses. hotel/motel costs, insurance, storage, rental or replacement, altered or cancelledtrips/vacations, the cost of any food/meals and any other incidental and consequential damages are specifically excluded and Dealer specifically disclaims liability for any such incidental and/or conseouential damages. Buyer acknowledges that Buyer shall not seek or recoversuch incidental or consequential damages from Dealer. Buyer acknowledges this disclaimer of incidental and consequential damages is independent of and shall survive any failure of the essential purpose of any warranty or remedy.11. NON-DEALER WARRANTY(S) UE APPLICABLE). Buyer understands and agrees that manufacturer(s) written warranties, if any are applicable to this Bus, were fully and conspicuously disclosed in writing by Dealer, by Dealer disclosing ano providing any such written instruments to Buyer prior to Buyer signing the front side of this Agreement and Buyer acknowledges having physically received such writteninstruments, Buyer acknowledges that Dealer is not an agent of the manufacturer and that Dealer has not represented or misrepresented the terms of any applicable manufacturer(s)’ written warranties because either (i) Buyer has read to Buyer’s satisfaction the actual terms of anysuch written instruments, which expressly state the coverage, application period, conditions, and exclusions or (H) Buyer has voluntarily chosennot to read such warranties.
12. TAXES. INSURANCE. Buyer shall be liable for all sales, use, or other taxes of a similar nature applicable to the transaction unless suchpayment is otherwise prohibited by law, Buyer assumes responsibility to cover the Bus described on the front of this Agreement with necessary and proper insurance coverage and assumes all legal liability arising from the operation of the Bus from the time of delivery. Buyer understands that Buyer is not covered by insurance on the Bus until Buyer’s insurance company accepts coverage on the Bus, Buyer agrees to hold Dealer harmless from any and all claims due to loss or damage prior to Buyer’s insurance company accepting coverage on the Bus,
13. CHOICE OF LAW AND VENUE. FEES. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be interpreted under the laws of the state in which Dealer is located and venue will be in the state and county in which Dealer is locatedor the applicable federal court, If Dealer brings a legal action to enforce or interpret this Agreement and prevails, Buyer shall pay Dealer’s reasonable attorneys’ fees and costs incurred in such action, If Buyer brings an action based on this Agreement and does not prevail, Buyershall pay Dealer’s reasonable attorneys’ fees and costs incurred in the defense of such action or any part thereof,
14. WAIVER OF JURY TRIAL; CLASS ACTIONS. Buyer agrees that any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof will be decided by a judge, rather than a jury. Buyer further agrees in connection with this purchase to waive Buyer’s right to participate as a class member in any class action lawsuit that might be brought against Dealer.15. SEVERABtLITY. Buyer and Dealer agree that each portion of this Agreement is such that if any term, provision or paragraph is found tobe invalid, voidable, or unenforceable for any reason, such provision or paragraph may be severed and all other portions of this Agreement shall remain valid and enforceable.17. ENTIRE AGREEMENT/NO RELIANCE. The written terms on the front and reverse side of this Contract comprise the entire agreementbetween Buyer and Dealer, and Buyer has read and understands the front and reverse side of this Agreement. No verbal, unwritten, electronic or olher communication of any nature not contained in this Agreement was relied upon by Buyer. became part of the bas,s of Buyer’s bargain,or is enforceable by Buyer against Dealer even if alleged or determined to constitute fraud, fraudulent inducement. or fraudulentmisrepresentation and no such verbal, unwritten, electronic, or other communication shall invalidate this Agreement or any written provisionherein, or serve as grounds for Buyer’s rejecUon, rescission, or revocation of acceptance of this Agreement or this Vehicle. such that Buyercannot seek or obtain any statutory. legal, equitable or other relief against Dealer as a result thereo[ Buyer acknowledges and agrees that all discussions, negotiations. advertisements. representations. and attirmations of fact in any format, whether verbal. written. electronic orotherwise, which are not written in this Agreement, were not relied upon by Buyer. are not included in this Agreement. and are not enforceableaoainst Dealer.
Buyers Signature: Creative Bus Sales; 6/22/2023
CBS Signature
version 20 S/2S/2022 3 of 3
Coast Cart, Inc.
2907 Palma Drive
Ventura, California 93003
Tel. 805 643 7059www.coastcarts.com
cnn
Estimate
Date Estimate #
611912023 18791
Terms Rep FOB Contact:
Description Qty Rate Total
GEM e6 -21)23.6 scat 5 50.99500 254,975 ()O’F
INCLUDI 5
CUSTOM COLOR RADIANT (iRIEIIN (11.055FRONT & REAR RUGGED BUMPERS ‘ BROWN! BLACK SEArS MAX I lU-HUM ION I 2.4
3 A’ F FE R IES
‘ SAIlI V UI ASS WINDSIIIELD
• HEATER. FAN, DEFROSTER SYSI EM
RECIENI-.RA’I’IVE BRAKING
I’REMII xl LED I IEADLIGI I ISON 13D;\R[) CHARGER
6” BLACK DIAMOND SPUR I WI HEELS
‘ 48 VOl T SYSTEM‘ I lARD DOORS‘ AC DRIVE MOTOR
REAR WINDOW’3 POINT SEAT BELTS LRl’MItJM .SEA’FS BROWN/BLACK
WINDSHIELD WIPER
ELECTRIC POWER ‘UI.’F StEERING
‘ DEl ONE I .IGI IT PACKAGE
S-BED W/ SO[. ID SIDES
DMV new velucle registration, plates & tags —TAX l/XIEMP’F 5 195.00 975.00 State of Caliibnua- ‘tire Recycle Fcc 20 1.75 35.00
Transport — del, crc to Los Angeles 5 195 00 975.Otl
Estimate alid br 30 da’ s lion: date aho e unless olher’ se speetlied. Subtotal 59 6 961) 00 Approved by:________________ Signature:______________ Sales Tax (9.5%) 524.22263 Date:________________ P.O.#________________ Total S’XIIS’ 63 Bill To Ship To
City of Avitlon
410 Avalon Cyn Rd.
Avalun, CA 90704
Due on receipt Pi\t Ventura Jaittie I Itnielak
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EFLYN
EFLYN.COM infoefIyn.comInvoice
Eflyn Electronics Ltd.
8570 Stanton Ave
Buena Park, CA 90620
UNITED STATES
City of Avalon
City of Avalon 410 Avalon Canyon Road
Avalon, CA 90704
Date: June 21 st, 2023
Invoice #: 1-801 601
Estimate #: E-801 085
PO#.: EM
Image
-J C
Upgraded Panels & add visibility with PolarizedSung lasses Regular Discounted Description Uty Dur. Total Price Price Price VS Series 55’ Floorstanding Outdoor High-Brightness 81 1,998.00 2 $23,996.00 Display - Touch Screen IP-65 Rated
Outdoor Touch Screen 55 Floor Standing OutdoorSingle SidedWindows 10 Pro Intel iS Processor, 8GB RAM, 128 GB HDDIP-65 Rated
Sunlight Readable Digital Signage
High-brightness 3500 nits 1O8OpHD Display1080x 1920
2-Years Standard Warranty
2 MU I . ‘- EasyFind Pro - Eflyn Interactive Digital Wayfinding O,4DO.00 85,499.00 1 $5,499.00 System *** One Time Activation Bundle
The E Suite Digital Wayfinding System is a fully-featuredwayfinding app that allows your visitors to easily navigate and view directory listings with point-to-point maps.Check out the attached list of features and deliverables. $480.00
Eflyn outdoor displays offer outstanding visibility that enables clear visibility even when the viewer is wearingpolarized sunglasses. $960.00
q Easyfind Pro EasyFind Pro - Eflyn Interactive Digital Wayfinding $39.00 2 12 $936.00 System *** Monthly License *** months
TheE Suite Digital Wayfinding System monthly license
paid annually.
Checkout attach list of features and deliverables.
Shipping & Handling Zip Code: 90704- $1,200.00 2 $2400.00 Including Ciating, Insurance, Lift Gale Truck Delivery
Discount $4,000.00
Subtotal $33,791.00
Sales Tax (7.25%) $2,449.85
Total $36,240.85
I \I POI<IANI SO I ES:
I agree ‘nih ‘lie eiicosed purchase agreement iernis (if sae. iraiistèr of oviiersh ip of Eflyn hardware. and soliware end user I icetise agreement I EL LA
ACH/Wire Transfer Information:Bank of America ROUTING & TRANSIT # 5640 E Santa Ana Canyon Rd (ACH Electronic Transfers) -121000358Anaheim, CA 92807 ROUTING & TRANSIT #ACCOUNT It: 3251 41485007 (Wire Transfer) -026009593Name Of Account: Eflyn Electronics Ltd.
TUCHSOURCE Quote# Q-1 1383-1
Representative: Lance HuddlestonEmail: [email protected] TouchSource L.LC Phone:
Payment Method 50% Deposit, Net 30 1370 Miners Drive Suite 103 Lafayette, Co 80026 Date: 5/31/2023
United Stales Expires On: 6/22/2023
Ship To Bill ToDevin Hart City of AvalonCity of Avalon 410 Avalon Canyon Road 410 Avalon Canyon Road Avalon, California 90704Avalon, California 90704 United States United States
Why Touchsource?
We deliver simple solutions for smart spaces that engage people. Our captivating digital displays and loT-connected directory solutions improve the experience of tenants, visitors, students, patients, citizens and shoppers. Our digital signage solutions are simple to deploy,easy to use and low effort to maintain. Just ask our customers who we’ve proudly served over 10,000 times the Touchsource way.
Simple, easy to use, turnkey solutions
Manage updates from anywhere with cloud-based appsPhone support is included with your subscription2-year standard warranty
Hardware - Exterior Frontier Kiosk Customer Paint and lettering Frontier Outdoor Single-Sided Touchscreen Kiosk:
-Outdoor free-standing kiosk design. Built for outdoor use with hardened components, high-temperature tolerant computingplatforms, high-strength compression seals, dual waterproof ultra-quiet fans, and ruggedized components in an aluminumstructure- Best-in-class commercial grade, fully outdoor-rated 55 FHD LCD panel designed with high brightness (2500 NITS), ambient light detection, high contrast ratio (4000:1) and anti-rellective glass for exceptional outdoor viewing. Designed for the harshest conditions with wide temperature ranges and 5mm temperedglass for the highest level of protection against external impacts - Outdoor-rated, sunlight immune, touch overlay with optionalheat strip technology for snow mitigation in colder climates -Weather resistant automotive grade paint finishes with 7standard colors available- Built for serviceability with locking gas shock assist panel access and climate-stable enclosure to protect the included media player
- Built for stability with aluminum base plates and concealed mounting bolts to provide structural stability while maintaining a streamlined profile
- Meets ADA requirements for wheelchair access
Does not include permits, installation, and foundation
preparation
2 VINYL-WRAP Custom vinyl wrap $850.00 $850.00 $1,700.00 Hardware - Exterior Frontier Kiosk TOTAL: $63,300.00
2 AT-FR-TO
PART# DESCRIPTION UNIT NET XTENDED
PRICE PRICE
$32,800.00 $30,800.00 $61,600.00
Annual Inspire Software Subscription
PART# DESCRIPTION UNIT NET XTENDED
PRICE PRICE
2 TS-INSPIRE Annual Subscription $1,749.00 $1,661.55 $3,323.10 Upgrade Your Space with a Window to the World
- Mobile Directory — Stunning, easy-to-use directories and messaging boards that deliver interactivity how you want it— touch, mobile, or both!- Transit Schedules — for local rail, bus and other transportationinformation - Infotainment — Choose an unlimited amount of infotainment, sports and exciting content feeds to draw visitors to your directory- Art Backgrounds — Inspire and engage your audience with art or motion scenery included in your design*
- Multi-Language Navigation — Offer multi-lingual navigation withdesign for one added language included and translation servicesavailable (more languages and listings content services for anadded fee)**- OR Code Surveys — Deploy surveys, self-service check-in andother forms using OR codes for mobile delivery- Analytics — Dashboard provides insights into analytics touchand mobile data from users.- Digital Content — Listings, messaging, traffic, local amenitiesand entertainment combine to invite, inform and inspire visitors - Simple Access — Secure, easy-to-use platform and unlimited remote support
Explore what’s included and add-on options with your
TouchSource Account Manager
**Dual language design and set up is included with the Inspirepackage. You provide the translated content, or use our translation service for an extra $399.
2 TS-SUPPORT- Included With All Directory Software Subscriptions $0.00 $0.00 $0.00 ESS
Responsive) US-Based Support
- Unlimited telephone, email, chat and web access to support North America-based technicians
- Online customer portal support & access to immediate support- Self-service support documents & toolsProactive software updates- Security patches - Operating System updates-Web backups- Software updates 2 DUAL-LANG- Help all visitors feel welcome and connected to your space, $0.00 $0.00 $0.00 MIRROR by providing all of your directory information in English and one other language. Visitor chooses their language on main screen, and then all following pages are in the chosen language.
Translations to be provided by client.
Annual Inspire Software Subscription TOTAL: $3,323.10
2D Animated Wayfinding
a
2 Directories(starting points), up to 25 mapped destinations in 2 orientations PART # DESCRIPTION UNIT NET XTENDED
PRICE PRICE
WAY-ANIM-2D Animated Paths draw lines with turn-by-turn directions from $1,800.00 $1800.00 $1800.00 directory to destination on your buildings floor plans. Pricingvaries based on the specifics of your building. 2D Animated Wayfinding TOTAL: $1,800.00
installation
a PART# DESCRIPTION UNIT NET XTENDED PRICE PRICE
2 INSTALL-AT Installation Activities: $790.00 $790.00 $1,580.00 - Full installation of free-standing kiosk: technician will anchor the unit onto the floor, install CPU and monitor, and test directory.
The technician will clean the area before leaving.- Installation on concrete with sufficient structural support.
Installation on tile, metal, or granite may require additional charges
-Cardboard and general debris are disposed of onsite, but removal and disposal of pallets. crates, and existing installationsare not included in the scope-Work to be performed during normal business hours: 8:00-5:00 pm Monday through Friday
-Labor provided is non-union
- This quote assumes no permit provided by TouchSource or its contractors.
Client Requirements:-Client must have electrical outlets and data ports at the location in alignment with requirements provided before technician arriving- Client to provide an on-site contact to confirm the location ofwork, and allow for delivery of directory to the location before the technician arriving-Client must provide a resource for approval of installation upon completion
Additional Cost Considerations:
- Locations are within 50 miles of a major metro area oradditional travel costs may apply- For heightened security (malls, airports, government buildings, etc.) environments, unimpeded access (i.e. Security escort scheduled in advance) to the installation site will be granted fromthe client prior to the dispatch -Any wait time due to lack of client readiness, wait times forfacility access, or client availability coutd be billable at a standard hourly rate
INSTALL-SS Site Survey $350.00 $350.00 $350.00
PART # DESCRIPTION UNIT NET XTENDED
PRICE PRICE
1 Found-DrawingAT-FR Foundation drawing created and stamped by a professionally certified civil engineer. - Drawing of kiosk and concrete foundation along with
calculations to determine mounting requirements based on kioskdimensions, concrete thickness, wind load, and other determiningfactors, $3,000.00 $3,000.00 $3,000.00
Customer requirements for drawing procurement:- Installation address of the kiosk - Exact installation location specified with OPS coordinates (longitude and latitude)
- Identification of any siructures if not mounted to a flat concretefoundation- Direction which kiosk will be lacing once installed Hardware - Exterior Frontier Dual sided
Installation TOTAL: $4,930.00
touch
1 AT-FR-DMTO
(Excluded from
Total)
Frontier Outdoor Double-Sided Touch Screen Kiosk:
- Outdoor free-standing kiosk design. Built for outdoor use with hardened components, high-temperature tolerant computingplatforms, high-strength compression seals, dual waterproof ultra-quiet fans, and ruggedized components in an aluminumstructure- Best-in-class commercial grade, fully outdoor-rated 55” FHD LCD panels designed with high brightness (2500 NITS), ambient light detection, high contrast ratio (4000:1) and anti-reflectiveglass for exceptional outdoor viewing. Designed for the harshestconditions with wide temperature ranges and 5mm temperedglass for the highest level of protection against external impacts - Outdoor-rated, sunlight immune, touch overlays with optional heat strip technology for snow mitigation in colder climates -Weather resistant automotive grade paint finishes with 7 standard colors available
-Built for serviceability with locking gas shock assist panelaccess and climate-stable enclosure to protect the included media players
- Built for stability with aluminum base plates and concealed mounting bolts to provide structural stability while maintaining a streamlined profile- Meets ADA requirements (or wheelchair access Does not include permits, installation, and foundation
preparation
PART # 1 DESCRIPTION UNIT NET XTENDED
I PRICE PRICE
$49,410.00 $49,410.00 $49,410.00
PageS of 14
PART # DESCRIPTION UNIT NET XTENDED
PRICE PRICE
WARRANTY- 2 year warranty is included standard, the extended warranty $9,882.00 $9,882.00 $9882.00 OUT offers an additional 3 years and brings the total coverage to 5(Excluded from years total. It is optional please let your TouchSource rep know if Total) you’d like to opt out of the extension.
Protect yourself from the unexpected with an extended warranty from the time of purchase. You will enjoy:
- Peace of mind while you maximize the lifespan of the product.-Cost savings versus the cost of replacement. The cost of a new solution or hardware replacement can be 250-500% greater than the price of the warranty. Eliminate surprise costs from your budget today.
-Predictable depreciation schedules. Plan to depreciate yourassets over the time you need with confidence. -Minimize cost and operational risk of needing to replace or repair your display unexpectedly. New systems can cost significantly more than the warranty price and often result inchanges to the look of the device.
Extended Warranties are pre-paid services for the durationindicated in the quote. Once the contract is signed, the first Extended Warranty term starts. Client may provide notice within 30 days prior to the next term to cancel subsequent years ofwarranty coverage. The warranty is transferrable to the new owner until the end of the contract term in the case that the property is sold.
Hardware - Exterior Frontier Dual sided touch TOTAL: $59,292.00 World-Class Service
- Standard 2-Year Warranty for Nearly All Standard Products - Unlimited Remote Support as Part of Your Directory Subscription - Extended Warranties to Protect Your Investments- Service Hours that Span All North America Time Zones - US-Based Service Experts with Combined 90 People Years of Experience
Quote Summary
Hardware and One Time Fees: $70,030.00
Annual Subscriptions: $3,323.10
Shipping & Handling: $4,532.00For free standing kiosks and 49’ units or larger with enclosures, TouchSource will fabricate a custom wooden crate.
Subtotal: $77,885.10
Total: $77,885.10
Payment Terms & ConditionsThis quote is subject to TouchSource ‘Terms & Conditions. 50% non-refundable deposit required unless otherwise noted within this quote. Taxes,shipping, handling. imporl, and other fees not shown here may apply to your order. Pricing above reflects a discount of 3.35% for paymentsby cash, check, or bank transfer. Payments via credit card are not eligible for this discount and would be charged at the list rate. TouchSourcereserves the right to cancel or modify orders due to errors. All turnaround times are dependent upon: (1) receipt of required information forprogramming, (2) approval of custom cabinets (if applicable), and (3) receipt of deposit. For TouchSource Express, full payment required at time of purchase.
For reference, Payment Instructions are available here: https:i/gojouchsource.comrrouchsource-Payment-lnstructiorisUnless otherwise stipulated, the quotation is subject to the TouchSource ternis and conditions following this quote or available onlinehere:IN WITNESS WHEREOF, the parties have caused this Hardware Sale and SAAS Agreement to be executed by their undersigned duly authorized representatives as of the Effective Date.TouchSource City of AvalonSignature: Signature:
Name: Lance Huddleston Name:
Date:
Purchase Order:
Billing Information
Billing Contact:
Email Address:
Phone Number:
HARDWARE SALE AND SAAB AGREEMENT
This Hardware Sale and SAAS Agreement (this “Agreement’) is between TouchSource, LLC (“TouchSource”) having its address at 1370 Miners Dr. #103, Lafayette, CO 80026. and City of Avalon (“Purchaser”), who hereby agree as follows:
1. DEFINITIONS.
“Documentation” shall mean the specifications, user guides and other materials for the Hardware and the Soflware made available by TouchSource to Purchaser in written or electronic form. “Fees’ means the amounts payable hereunder as more particularly described on the attached xhibit A, and ExPbt. “Purchaser Materials” means all images, content, data, software and other materials provided by Purchaser or used by Purchaser in connection with this Agreement and not provided by TouchSource hereunder. For the avoidance of doubt, PurchaserMaterials does not include any information or data collected directly by the Software. “TouchSource Data’ means anonymous usage information, including statistics, usage data, and any databases produced therein collected by or processed in the Software and does not include any personally identifiable information. “Software” means any computer program(s) included, installed, or operated on any Hardware, including updates, enhancements, translations, modifications and derivatives thereof as may be supplied by TouchSource during the term hereof. “Hardware’ means the computer equipment and hardware listed on the attached Echibit. including any associated components, enclosures, or other tangible personal property.
“Term” means the period specified on Exhibit A and renewal periods as subsequently elected by and paid for by Purchaser as shall be specified in writing between the parties hereto. The Term will automatically be extended for two (2) additional 12-month periods following the Initial Term (as defined in Exhibit A) (each such one-year period a “Renewal Period” and collectively, the “Renewal Term”) unless the purchaser provides written notice to TouchSource that it wishes to terminate the Agreement within 30 days ofthe end of the Initial Term or a Renewal Period. After two (2) subsequent Renewal Terms, the Term will automatically continue until TouchSource or the Purchaser chooses to Terminate. The Initial Term together with the Renewal Term (if any) is referred to herein as the “Term.’
2. USAGE/TITLE/FEES.
(a) Purchaser is entitled to use the Software during the Term only as set forth herein and on Exhi’b A. (b) Purchaser may not: (i) rent, loan. tor re-license the Software or Documentation or any portion thereof; (ii) make copies, translations or derivative works of the Software or Documentation; (üi) reverse engineer the Software, except as expressly permitted by applicable law, or create from it any work, whether in tangible or intangible form, that constitutes a “derivative work” within the meaningof the definition set forth in Section 101 of the U.S. Copyright Act. (c) Any trade name or trademarks used with the Software and any licenses and rights granted hereunder may not be distributed,sold, sub-licensed, or otherwise made available or transferred, in whole or in part, to any third party without the prior written consent of TouchSource. Purchaser shall not remove or alter any legends, copyright or trade secret notices from Software or Documentation, (d) Purchaser agrees to pay the Fees for the use of the Software, as more particularly described on the attached ExHbi,
3. SERVICE LEVEL. TouchSource shall provide the service level as selected on Exhibit A attached hereto (Service Level’).
TouchSource may provide or resell third-party media and information as part of specific subscription or service included in theselected Service Level (‘Content”). Certain Service Level’s may contain lower fees in exchange for allowing TouchSource to display advertisements or other Content from its partners. Purchaser is required to comply with all obligations and restriclions of Purchaser atthe selected Service Level.
4. UNAUTHORIZED USE. Purchaser agrees to notify TouchSource immediately of the unauthorized possession, use, or knowledge of any component of the Software to which Purchaser is given access under this Agreement and of other information made available to Purchaser under this Agreement. by any person or organization not authorized by this Agreement to have such possession, use or knowledge.
5. TERMINATION/DEFAULT.
(a) This Agreement shall be effective when signed by both parties hereto and is for the Term(s) specified on Ezhibit A to this Agreement.
(b) TouchSource may terminate this Agreement at any time during the Term upon the failure of Purchaser to observe or perform any of the covenants, terms and conditions of this Agreement where such non-performance is not fully remedied by Purchaser within thirty (30) days after written notice by TouchSource (other than as specified in subsection (c)). (d) Termination of this Agreement under this Section 5 shall be in addition to, and not a waiver of, any remedy at law or in equity.
In the event of any termination, Purchaser shall immediately cease to use the Software, and shall return all Documentation to TouchSource. On the effective date of any termination or expiration of this Agreement, all amounts then owed by Purchaser toTouchSource will become immediately due and payable, even if later payment dates had been mutually agreed upon by the parties.
6. WARRANTY, TouchSource warrants that during the term of the Agreement, the Software will perform substantially in accordance with the Documentation. In the event of any non-conformance of such Software to the specifications, Purchaser shall promptly so notify TouchSource and provide TouchSource with information that allows TouchSource to investigate the claimed error. In any event such notice must be received by TouchSource no later than 30 days from the end of the Term. TouchSource’s soleobligation and Purchaser’s exclusive remedy under this warranty shall be limited to TouchSource using commercially reasonableefforts to promptly correct such defects or, in TouchSource’s sole discretion, terminating this Agreement and refunding any prepaidlicense fee paid by Purchaser in accordance with Exhibit A. TouchSource’s warranty obligations shall be void if the Software ismodified by anyone other than TouchSource. THE FOREGOING WARRANTY IS GIVEN IN LIEU OF, AND TOUCHSOURCE HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS AND IMPLIED. INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY. SYSTEMS INTEGRATIONAND NONINFRINGEMENT. PURCHASER EXPRESSLY ACKNOWLEDGES THAT BECAUSE OF THE COMPLEX NATURE OF
COMPUTER SOFTWARE, TOUCHSOURCE CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE
WILL BE WITHOUT INTERRUPTION OR ERROR-FREE,
7. INDEMNIFICATION. Purcnaser shall, at its own expense, indemnify, defend and hold harmless TouchSource from and against any claim, loss, liability or demand (including reasonable attorneys’ fees) arising out of or in connection with: (i) any neghgence or willful misconduct of the Purchaser, its employees and/or agents. (ii) any breach of this Agreement by the Purchaser. (iii) any violation of lawby Purchaser associated with Purchaser’s failure to meet any regulatory obligations, including any applicable privacy laws, arising from the Purchasers use of the Hardware or the Software, and (iv) any claims that any Purchaser Materials violate or infringe any third party intellectual property or proprietary rights.8. LIMITATION OF LIABILITY. IN NO EVENT WILL TOUCHSOURCE OR BE LIABLE FOR ANY LOSS OF REVENUES, PROFITS,OTHER ECONOMIC LOSS OR GOODWILL OR OTHER INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY
KIND, RESULTING FROM THIS AGREEMENT, ITS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS AGREEMENT OR ANY OF THE ATTACHMENTS HERETO, OR FROM THE FURNISHING, PERFORMANCE. DELAY IN
DELIVERY, OR USE OR LOSS OF USE OF ANY SOFTWARE, HARDWARE, CONTENT, OR OTHER MATERIALS DELIVERED
TO PURCHASER HEREUNDER, WHETHER RESULTING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, OR TORT, INCLUDING NEGLIGENCE, EVEN IF TOUCHSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TOUCHSOURCE’S AGGREGATE LIABILITY TO PURCHASER UNDER THIS AGREEMENT RESULTING FROM BREACH OF CONTRACT, BREACH OF WARRANTY. AND TORT, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO THE LICENSE FEES ACTUALLY PAID BY PURCHASER TO TOUCHSOURCE IN THE 12#MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
9. MAINTENANCE/SUPPORT.
(a) MAINTENANCE. Unless otherwise specified, TouchSource has the sole right and responsibility to maintain and update theSoftware. In connection with such maintenance and update, Purchaser shall provide to TouchSource any testing assistance that TouchSource may reasonably request.
(b) STANDARD ENHANCEMENTS. TouchSource reserves the right, as reasonably necessary or convenient for TouchSource’s own purposes or to improve the quality of the Software, to change access procedures, types of equipment utilized in the TouchSource computing environment, system interfaces, operating and other system and network software, utilities, and database software (collectively “Standard Enhancement&). and to implement Standard Enhancements to the Software, Whenever practicable.
TouchSource shall give Purchaser advance notice of the scheduled implementation of any Standard Enhancement and will usecommercially reasonable efforts to reduce disruption to the Purchaser’s software usage.(c) ACCESS INTERRUPTIONS. Purchaser acknowledges and agrees that in order for TouchSource to perform the maintenanceservices set forth herein. TouchSource may be required from time to time to interrupt Purchaser’s ability to access the Software.TouchSource will use commercially reasonable efforts to minimize access disruptions during normal business hours.
10. PAYMENTS AND TAXES. Purchaser shall pay to TouchSource the Fee(s) in accordance with the payment terms specified in Exhibit A and Exhibit B. as applicable. Purchaser shall be responsible for the payment of any and alt taxes, fees and duties, includingany related value added tax, arising under this Agreement, other than income taxes levied upon TouchSource. In addition to any other sums payable thereunder, Purchaser shall pay to or reimburse TouchSource for all taxes, however designated (except TouchSource income taxes), arising from this Agreement. TouchSource reserves the right. upon seven (7) days’ advance written notice to Purchaser,to suspend operation of Software should Purchaser fail to make full payment upon the date said payment is due. touchSource, atits sole discretion, may charge interest, not exceeding one- and one-half percent (1-1/2%) per month or fraction thereof or eighteen
percent (18%) per year, for Purchaser’s failure to make any payment in a timely manner. Should TouchSource be required to begin an action against Purchaser to collect any past due payments, Purchaser shall pay all costs of collection, including accrued interest, court costs and reasonable fees of attorneys and fees of other professionals.
11. CONFIDENTIAL INFORMATION.
(a) TouchSource and Purchaser each expressly undertakes to retain in confidence all information transmitted to it by the other party pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the natureof the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (tenfidential Information”), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement. TouchSource and Purchaser shall treat the terms and conditions of this Agreement as confidential; however, either party may disclose such information in confidence to its legal and financial consultants as required in the ordinary course of that party’sbusiness. (b) Confidential Information shall not include any information that: (i) is at the time of disclosure or subsequently becomes publiclyavailable without the receiving party’s breach of any obligations owed the disclosing party; (ii) became known to the receiving party prior to the disclosing party’s disclosure of such information to the receiving party; (iii) became known to the receiving party from asource other than the disclosing party other than by the breach of an obligation of confidentiality owed to the disclosing party; or (iv) is independently developed by the receiving party. Information that is aggregated or derived from Purchaser’s use of the deliverables orthe Software shall not be deemed Confidential Information of Purchaser, (c) Notwithstanding anything to the contrary herein, Purchaser grants to TouchSource the right to use Purchaser Materials, information,data and records solely in connection with making the Software available and in performance or provision of the Services under this Agreement, and the right to use such materials, information, data and records in perpetuity in an anonymized and/or aggregatedfashion, to, among other things, enhance the Software and services provided by the Company to its customers and users of the Software.
12. INTELLECTUAL PROPERTY
(a) All inventions, copyright work, design right work, business methods, patents or other intellectual property created by TouchSource, individually or jointly with the Purchaser and specifically relating to the Hardware, Software, or any Services, excluding any PurchaserMaterials (collectively, the “System”), shall be the sole and exclusive property of TouchSource. (b) The Purchaser also acknowledges that TouchSource owns and retains all intellectual property rights relating to the System including without limitation trademarks, copyrights, patents and trade secrets. The Purchaser shall not acquire any right, title and interest in or tothe System (other than any Hardware sold to Purchaser pursuant to ti’s Agreement), and except as expressly provided otherwise in this Agreement, the Purchaser may not translate, disassemble, reverse engineer, decompile or create derivative works based on the System.
(c) All right, title and interest without limilalion, including all intellectual property rights, In and lo the System, related materials and any copies thereof and any changes, modifications or corrections to the System, and all documentation, code and logic which describes and/or comprises the System belongs to TouchSource. Unless otherwise agreed to in writing by the parties hereto, if the Purchaserconceives of or introduces any modifications or corrections of any type or nature to the System, then the Purchaser hereby irrevocably assigns to TouchSource alt such rights, title and interest to such modifications or corrections and agrees to execute all documents necessary to implement such assignment as requested by TouchSource. (d) All ownership rights, title and interest in the TouchSource Data shall be and remain solely vested with TouchSource. TouchSource,in its sole discretion, may license, sell, or provide the TouchSource Data to third parties for any purpose. Notwithstanding anything to the contrary herein, including Section 11 of this Agreement, Purchaser hereby waives any right to restrict TouchSource’s use in any manner of the TouchSource Data, except as otherwise required by law. (e) The provisions of this Article 11 shall survive the termination or expiration of this Agreement.
13. HARDWARE PURCHASE
a) The Purchaser agrees to purchase from TouchSource the Hardware detailed in Exh1iL. at the price provided for therein (the“Hardware Price”). The Purchaser agrees to pay the specified fees plus any applicable taxes for the hardware by the dates listed and as otherwise required on Exhibit B (the “Hardware Price Terms”). (b) Upon receipt of the Hardware Price by TouchSource and satisfaction of the Hardware Price Terms, TouchSource shall transfer to the Purchaser good, clear and marketable title to the Hardware. (c) TouchSource provides a limited warranty against manufacturing defects of the Hardware as follows: (i) two (2) years from the Purchase Date (as defined in Exhibit B) on all Hardware installed within a TouchSource enclosure, and (ii) 1 year from the date Purchase Date on all Hardware not installed within a TouchSource enclosure. TouchSource makes no other warranty or guarantee for
any other defects, failures, damages or limitations, caused for any reason other than as stated above. THE FOREGOING WARRANTY IS GIVEN IN LIEU OF, AND TOUCHSOURCE HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS AND IMPLIED,INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, ACCURACY, SYSTEMS INTEGRATION AND NONINFRINGEMENT. PURCHASER EXPRESSLY ACKNOWLEDGES THAT BECAUSE OF THE COMPLEX NATURE OF COMPUTER HARDWARE, TOUCHSOURCE CANNOT AND DOES NOTWARRANT THAT THE OPERATION OF THE HARDWARE WILL BE WITHOUT INTERRUPTION OR ERROR-FREE.
14. SHIPPING AND INSTALLATION.
(a) Purchaser is responsible for providing a complete and accurate delivery address for any Hardware required to be shipped. Arepresentative of Purchaser must be available to sign for any deliveries. Failure to accept delivery may result in additional charges.
TouchSource reserves the right to charge restocking fees at market rate if the customer does not accept shipment on the delivery date.(b) Installation of any Hardware Purchased shall not be included unless indicated on Exhibit B. Purchaser is responsible for preparingthe install location and providing the required services, power, internet connectivity, permits, licenses, access and the like, includingany such requirements as identified in any Hardware schematics, drawings, or similar documentation made available by TouchSource.Failure to provide adequate site preparation may result in service charges by TouchSource at its standard hourly rates to cover lost time of its service personnel.
15. MISCELLANEOUS.
(a) CHOICE OF LAWNENUE. The validity and performance of this Agreement shall be governed by the laws of (he Slate of Coloraoo.Determination of any disputes shall be in the state or federal courts in Boulder or Denver, Colorado, and the parties hereby consent to exclusive personal jurisdiction in such courts for all matters arising under this Agreement. (b) ENTIRE AGREEMENT, This Agreement together with any Exhibit(s) and mutually designated Appendices that may be attached hereto conslitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all other priorcommunications written or verbal. (c) MODIFICATIONS. Any modjication to this Agreement must be agreed to in writing by both parties.
EXHIBIT A
SERVICE LEVEL
DESIGN SERVICES
The Purchaser is entitled to standard design services as part of a software purchase through TouchSource. Standard design service includes selection of a standard design layout as provided by TouchSource including changes to match customer branding as well asany additional features as specified in the chosen subscription(s) unless otherwise quoted. Any additional design requirements set forth by the customer outside of the scope of the standardized layouts may be subject to additional fees.
In cases where the design is completed and approved by the Purchaser prior to order shipment, the Purchaser is entitled to 30 days past the date of shipment to standard design edits free of charge. After the 30 days have lapsed, revision requests may be subject to additional fees unless otherwise slated in the contract.
In cases where the hardware must be shipped prior to design completion and approval, the purchaser has 30 days past the date of shipment in which to contact TouchSource to request completion of the final design. Once the final design is approved by the Purchaseror a 3rd party designated by the Purchaser, TouchSource will consider the order fulfilled and the day of final approval will start the 30 day period of free standard revisions. If the Purchaser tails to contact TouchSource in the 30 days allotted after the hardware is shipped, all design edits requested by the Purchaser will be subject to custom design fees going forward.
Annual Inspire Software Subscription
Product Name - For Description of Service, See Above Quotation UNIT NET XTENDED
PRICE PRICE
2 TouchSource Inspire (Annual Subscription) $1749.00 $1,661.55 $3,323.10 2 Essential Support $0.00 $0.00 $0.00
Annual Inspire Software Subscription TOTAL: $3,323.10
Fees: $3,323.10
Term of the Agreement: 12 months from the Effective Date (the “Initial Term”).
Initials:
EXHIBIT B
HARDWARE
FABRICATION SERVICES
All enclosures fabricated through TouchSource are quoted with the assumption that all aspects will be executed through TouchSource or by a preferred vendor or partner. Should a purchaser wish to use an alternate vendor for any stage of the scoped project,TouchSource is not responsible for the planning, execution, or quality of services.
Hardware -Exterior Frontier Kiosk Customer Paint and lettering a Product Name - For Description of Service, See Above Quotation UNIT NET XTENDED PRICE PRICE 2 AT-ER-TO Frontier Outdoor Single-Sided Touch Screen Kiosk (Bundle) $32,800.00 $30,800.00 $61,600.002 Shipping and Handling $2,266.00 $2,266.00 $4,532.00 2 Vinyl Wrap $850.00 $850.00 $1,700.00
Hardware - Exterior Frontier Kiosk TOTAL: $67,832.00
Annual Inspire Software Subscription
a Product Name - For Description of Service, See Above Quotation UNIT NET XTENDED PRICE PRICE 2 Additional programming for dual-language interface - Mirrored Programming $0.00 $0.00 $0.00 Annual Inspire Software Subscription TOTAL: $0.00
2D Animated Wayfinding 2 Directories(starting points), up to 25 mapped destinations in 2 orientations a Product Name - For Description of Service, See Above Quotation UNIT NET XTENDED PRICE PRICE 1 Animated Paths programming for waytinding assistance (2D) $1,800.00 $1,800.00 $1,800.00 2D Animated Wayfinding TOTAL: $1,800.00
Installation
a Product Name - For Description of Service, See Above Quotation UNIT NET frXTENDED PRICE PRICE 2 Install-AT Additional service - installation of Alta kiosk $790.00 $790.00 $1,580.00 1 lnstall-SS Site Survey $350.00 $350.00 $350.001 Foundation Drawing for Alta Frontier kiosk $3,000.00 $3,000.00 $3,000.00 Installation TOTAL: $493000
Hardware -Exterior Frontier Dual sided
touch
a Product Name - For Description of Service, See Above Quotation UNIT NET XTENDED PRICE PRICE 1 AT-FR-DMTO Frontier Outdoor Double-Sided Touch Screen Kiosk (Bundle) $49,410.00 $49,410.00 $49,410.00
Product Name - For Description of Service, See Above Quotation UNIT NET XTENOED
PRICE PRICE
1 3 Years Extended Warranty $9,882.00 $9,882.00 $9,882.00 1 Shipping and Handling $2,266.00 $2,266.00 $2,266.00
Hardware - Exterior Frontier Dual sided touch TOTAL: $61,558.00 Fees/Hardware Price: $74,562.00Hardware Price Terms:
Hardware Warranty Inclusions
• Unlimited remote troubleshooting of hardware defects; • Repair and replacement of malfunctioning equipment due to manufacturer detects;• Repair/replacement based on shipment of faulty equipment to us and return of repaired/replaced equipment to client (shipment via ground service); andBillable onsite support, if necessary. • As long as you are paying for your TouchSource Express subscription, your hardware purchase is under warranty.
The warranty period offered by TouchSource begins at date of shipment but does not include coverage of damage that may occur intransit if the Purchaser signs for the damaged shipment at delivery.
Extended Warranty DetailsIf purchased, the 3-Year additional hardware warranty starts at the expiration date of the initial warranty period and assumes the same scope as the initial warranty.
Eouioment Warranty Exclusions
To the full extent permitted by law, TouchSource does not warrant or guarantee, and is not responsible for:
1. Defects, failures, damages or performance limitations caused in whole or in part by (A) power failures, surges, failures in third-party communication networks, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosiveenvironments, accidents, actions of third parties, or other events outside of TouchSource’ control, or (B) the customer’s abuse, mishandling, misuse, computer viruses, negligence, improper storage, servicing or operation, or unauthorizedattempts to repair or alter the equipment or component in any way. The customer shall provide qualified technical personnel to maintain and repair the equipment and components.
2. Equipment built to the customer’s specifications that is later found not to meet the customer’s needs or expectations.
3. The performance of the equipment or components when used in combination with enclosures and equipment not purchased from TouchSource.
4. Warranty may be voided if TouchSource components are housed more than 15 feet away from each other andlor if they do not haye some type of active ventilation—such as a small CPU fan.
Additional Hardware Warranty Notes
• OEM or third-party equipment that is incorporated into TouchSource equipment is covered for the same period as such TouchSource equipment’s Standard Equipment Warranty unless the OEM or third-party equipment carries its own limited warranty.
• Items Sold As Resale. Items sold as resale are such items that are not manufactured by TouchSource but may be utilized in conjunction with, independently of or incorporated into, TouchSource manufactured equipment (such as tubes, printers and antenna transmission lines) and are covered only by the specific warranty terms of the supplier or original equipmentmanufacturer of those items. IF AN ORDER COVERS EQUIPMENT NOT OWNED BY TOUCHSOURCE, IT IS SOLOSUBJECT TO TOUCHSOURCE’S ACQUISITION OF SUCH EQUIPMENT. • Used Equipment. IF THE EQUIPMENT SPECIFIED IN AN ORDER IS DESCRIBED AS USED, IT IS SOLD AS IS” AND WITH NO WARRANTY.
Initials:
CITY OF AVALON CITY COUNCIL
ACTING AS THE HOUSING AUTHORITY
MEETING DATE: June 27, 2023 AGENDA ITEM:
24 ORIGINATING DEP: Public Works CITY MANAGER:
PREPARED BY: Robert Greenlaw, Director of Public Works
Jamie Hmielak, Maintenance Superintendent
SUBJECT: Award 206 F. Whittley Housing Project
RECOMMENDED ACTION(S): (1) Review the bid results. (2) Award a construction contract if an acceptable bid is received, or reject all bids(3) If bids are rejected, adopt a Resolution Pursuant to Public Contracts Code 201767 by 4 /5 vote Authorizing the City Manager or his designee to negotiate the construction contract for the 206 F. Whittley Housing and Site Preparation project.
REPORT SUMMARY: A multi-family property at 206 E. Whittley was purchased by the ACIA in 2008 with the intent to provide affordable housing units. In July 2019, the City Council, actingas the Housing Authority, approved final construction plans to renovate the structure andauthorized Staff to develop and release a request for proposals to rehabilitate the property to be rented to low- and moderate-income residents. That project has been delayed due to impacts from the pandemic but is scheduled to be released for bidding in early summer.
In October 2019, the City Council acting as Housing Authority authorized City Staff to develop a site plan and feasibility study for the development of five additional units through the replacementof a stand-alone single unit structure located on the southeastern portion of the property. Due to water allocations not being available for a period of time and Staff/financial reductions due to the pandemic, work was put on hold for the development of the second building. Once water allocations became a possibility, a renewed effort was put forward to gain a water allocation.
The concept was submitted to Southern California Edison and a water allocation was received.
The water allocation requires that timely progress be made towards the completion of the project.
In preparation for these projects a joint effort by City Staff and local contractors recently completed improvements to the sewer lateral and water lines from East Whittley to the property.
As a result of this effort all utilities are onsite and at the needed capacity for the existing and the proposed additional building.
In developing the plan for the second building, geotechnical engineers determined the existing retaining walls at the property’s boundaries need remediation to extend their service life in thecase of the existing building or replacement in the case of the new building, due to corrosion on the existing tiebacks and age of the concrete.
In order to ensure the opportunity for highest and best use of the property, Staff proposes remediation of the existing retaining wall, and additionally leveling and backfilling of an adjacent area that will widen and recapture areas of the southern portion of the East Whittley public rightof-way at the 90-degree curve. The elevation and further frontage improvements of the right-of- way will allow for on-site parking for all nine (9) future housing units (four in the original building and up to five in the new structure) and also provide three additional public parking spaces on East Whittley. The proposal will repurpose the existing on-street parking area and provide a convenient stopping/loading/unloading area for large delivery or trash vehicles in the roadway,as well as provide better emergency access/staging. While this widening will reduce one informal unmaintained access to the back of the Hermosa Hotel, the primary access point at the Museum’ public stairway will continue to provide a safe direct connection to the upper rear walkway of the Hermosa complex. This access point will be further improved with the project.
City Council acting as Housing Authority approved the design and construction documents, along with the release of a Request for Proposal May 2, 2023.
Due to the complexity of the project and the formal bid requirements the project bid opening was extended until June 27, 2023.
Staff recommends the City Council acting as Housing Authority review the bids and determine if an acceptable bid was received. If an acceptable bid is not received, City Staff recommend rejecting all bids and adopting a resolution authorizing the City Manager or his designee to negotiate the construction contract for the 206 E. Whittley Housing project.
GOAL ALIGNMENT: Infrastructure reliability and safety. Affordable housing availability.
FISCAL IMPACTS: To be determined. An existing $1.53 million is budged in the Capital Improvement Budget (Project #205016).
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Housing Authority will not be able to utilize the entire parcel at its highest and best use. The expenditure of these funds will directly impact the availability of affordable housing.
FOLLOW UP ACTION: Implement Housing Authority direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Bid tabulation, analysis and recommendation under separate cover.
HOUSING AUTHORITY RESOLUTION NO.
A RESOLUTION OF CITY OF AVALON ACTING AS THE HOUSING AUTHORITY
OF THE CITY OF AVALON AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE
THE CONSTRUCTION CONTRACT FOR THE 206 E. WHITTLEY HOUSING
AND SITE PREPARATION PROJECT
WHEREAS, pursuant to Health and Safety Code (“ HSC”) Section 34176, the City of Avalon, as the entity that authorized the creation of the dissolved Avalon Community Improvement Agency (“ACIA”), elected not to retain the housing assets and functions previously performed by the ACIA, and instead elected to transfer all rights, powers, assets, liabilities, duties and obligations associated with the housing activities of the ACIA, excluding any amounts on deposit in the Low and Moderate Income Housing Fund, to the Housing Authority, as provided in Resolution No. 12- 01, adopted on January 30, 2012; and WHEREAS) HSC Section 34176. 1(e) requires all real properties acquired by the ACIA prior to February 1, 2012 and transferred to the Housing Authority to be developed pursuant to the requirements detailed in HSC Section 33334. 16. The City Council acts as the Rousing Authority (‘Housing Authority”); and
WHEREAS, the former ACIA transferred seven real properties purchased with Low and Moderate Income Funds to the Housing Authority, located at 206 E. Whittley Avenue, 206 Descanso Avenue, 320 Sumner Avenue, 309 & 313 Beacon Street, and 238 & 311 Descanso Avenue; and
WHEREAS, due to market conditions and the loss of funds resulting from the dissolution of redevelopment agencies in California, the Housing Authority has been unable to initiate affordable housing activities at 206 F. Whittley Avenue; and WHEREAS, to facilitate the development of the F. Whittley Avenue property, the Housing Authority has directed City Staff to work to develop and begin the process to utilize this propertyfor affordable housing; and WHEREAS, on May 2, 2023 the Housing Authority approved design and construction plans that will create a retaining wall along the southeastern portion property and authorized City Staff to solicit a request for proposal from qualified contractors to construct the wall; and WHEREAS, the request for proposals was published on June 5, 2023 and scheduled to close on Friday, June 23 at 4 p.m.; and
WHEREAS, due to the complexity of the project and the formal bid requirements, the project bid opening was extended until June 26, 2023 at 12:00 p.m.; and WHEREAS, the bids received significantly exceed estimates provided by Staff and the City’s consultants; and
WHEREAS, City Staff recommended the City Council acting as the Housing Authority reject all bids; and
WHEREAS, pursuant to Public Contracts Code 2017767 the City Council acting as the Housing Authority may adopt a resolution by a 4/5 vote authorizing the City Manager or his designee to negotiate the construction contract for 206 E. Whittley Housing Project.
NOW, THEREFORE, THE CITY COUNCIL ACTING AS THE HOUSING AUTHORITY OF THE CITY OF AVALON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct and incorporated herein by reference.
Section 2. The City Council acting as Housing Authority herby rejects all bids received for construction of a retaining wall at 206 E. Whittley.
Section 3. Pursuant to Public Contracts Code 201767, the City Council acting as Housing Authority authorizes the City Manager or his designee to negotiate the construction contract for a retaining wall at 206 E. Whittley by a 4/5 vote.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council acting as the Housing Authority on the 27th day of June, 2023, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Ann H. Marshall, Chair
Gabrielle Morones, Secretary