Loading...
Resolution No. 8153i 1 2 3 4 51 6 7 8 X 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PX*V 27 RESOLUTION NO. 8153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A VEHICLE PURCHASE CONTRACT BY AND BETWEEN THE CITY OF VERNON AND TMT-PATHWAY, L.L.C. FOR THE�PURCHASE OF A STENCIL TRUCK FOR THE COMMUNITY SERVICES & WATER DEPARTMENT WHEREAS, the Vernon Community Services & Water Department is in need of a new stencil truck to replace a truck that is over 24 years old, with a paint system that is obsolete and unreliable; and WHEREAS, City staff have determined that the best model of stencil truck, meeting the specifications and requirements of the Community Services & Water Department, is the TMT 116P-Pathway Hydraulic Airless Legend Truck with a Ford F450 Chassis (hereinafter the "Stencil Truck") due to its design, features, ease of use and overall build quality; and WHEREAS, TMT-Pathway, L.L.C. ("TMT") is the sole distributor lof the Stencil Truck; and WHEREAS, on February 11, 2003, the Finance Committee recommended that the City Council approve the recommendation of Bruce V. Malkenhorst, Director of Finance, dated February 6, 2003, that the Stencil Truck be purchased from TMT and a vehicle purchase contract be approved and executed for the purchase of the Stencil Truck; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into a contract with TMT for the purchase of the Stencil Truck to enhance services provided to the Vernon community. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION l: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Vehicle Purchase Contract with TMT, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Contract for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Contract to: . TMT-Pathway, L.L.C. Attn. Chuck Wolf 2490 Ewald Avenue SE Salem, OR 97302 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 19th day of February, 2003. (ATTEST: BRUCE V. MALKENHORST, City Clerk •� LEONIS C. MALBU G, Mayor - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8153, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, February 19, 2003, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 3 - EXHIBIT Ll- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l• ' tart. VEHICLE PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this. day of February, 2003, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, CA 90058 AND TMT-PATHWAY, L.L.C. (hereinafter referred to as "TMT") 1675 Commercial St., NE Salem, OR 97303 WHEREAS, the Vernon Community Services & Water Department is in need of a new stencil truck to replace Truck #258 that is over 24 years old, with a paint system that is obsolete and unreliable; and WHEREAS, City staff have determined that the best model stencil truck meeting the specifications and requirements of the Community Services & Water Department to be a TMT,116P-Pathway Hydraulic Airless Legend Truck with a Ford F450 Chassis (hereinafter the "Stencil Truck") due to its design, features, ease of use, and overall build quality; and . WHEREAS, TMT is the sole distributor of the Stencil Truck; and WHEREAS, TMT has prepared a Proposal dated January 9, 2003 (hereinafter the "Proposal"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. WHEREAS, TMT has advised City that it can furnish the 1 Stencil Truck and provide the onsite training as set forth in the 2 Proposal and the City's specifications, which are attached hereto as 3 Exhibit "B" and incorporated herein by reference; and 4 WHEREAS, City desires to enter into an agreement with TMT to 5 provide for the purchase and delivery of the Stencil Truck and the 6 necessary onsite training for the operation of the Stencil Truck. 7 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 8 FORTH HEREIN: 9 1. Purchase. TMT agrees to sell and deliver to the City 10 the Stencil Truck, as set forth and described in detail in the 11 Proposal and the City's specifications. In the event of a conflict 12 between the Proposal and this Contract, the terms of this Contract 13 shall prevail. 14 2. Time of Performance. TMT shall deliver the Stencil 15 Truck within ninety (90) working days from the time that the City 16 issues a purchase order. 17 3. Price. TMT agrees to sell and deliver, subject to 18 final inspection by the City, the Stencil Truck and provide a 2-day 19 onsite training for operators, as described in its Proposal, for the 20 total amount of Eighty -Two Thousand Five Hundred Fourteen Dollars and 21 Forty Cents ($82,514.40), which includes sales tax and delivery. 22 4. Payment Terms. The City agrees to pay TMT the total 23 purchase price, net thirty (30) days, after delivery, acceptance and 24 approval of the Stencil Truck by the City FOB destination and receipt 25 of an invoice from TMT. 26 5. Warranties. TMT warrants title to the Stencil Truck 27 purchased hereunder and any part thereof to be free of any claim of 28 any -security interest, lien or any encumbrance. TMT warrants that the - 2 - 1 traffic marking application equipment manufactured by TMT will be 2 delivered new and shall be free from defects in material and 3 workmanship under normal use and service for a period of one (1) year 4 from the date of delivery. TMT will also provide alwarranty on the 51 truck chassis that will last for three (3) years or 36,000 miles, 6 whichever occurs first. TMT shall comply with the warranty provisions 7 set forth in the Proposal. 8 6. Chancre and Extra Services. 9 The City reserves the right to request changes in the 101 equipment design, delivery dates, or additions to or deletions from 11 the equipment purchased from TMT. All such changes shall be 12 incorporated in written change orders executed by the City and TMT 13 that shall specify the changes ordered and the adjustment of prices, 14 delivery schedules and warranties. Any equipment or services added to 15 this Contract, under this section, shall be executed under all 16 applicable conditions of this Contract. No claim for additional 17 compensation or extension of time shall be recognized unless contained 18 in a duly executed change order. 19 7. Cancellation/Default. 20 A. This Contract may be terminated by the City for its 21 convenience upon fifteen (15) days prior written notice and upon 22 payment of reasonable and proper termination charges, including, but 23 not limited to, all costs incurred or committed prior to the effective 24 date of notice of termination and all charges incurred by TMT in 25 connection with the termination, plus reasonable overhead and profit. 26 B. In the event that TMT commits a breach of a material 27 condition of this Contract, the City shall notify TMT in writing of 28 said breach and if TMT has not cured or begun reasonable efforts to 3 _ 1 2 3 4 5 6 7 8 9 10 11 12'' 13 14 15 16 17 18 19 20 21 22 23 24 25 261I 27 28 cure after fifteen (15) days of receipt of said notice, and fails to diligently pursue corrective action, then the City shall have the right to cancel this Contract. TMT shall be responsible for any direct costs due to the City's re -procurement of the equivalent of the equipment or services cancelled from TMT. 8. Compliance with Laws. TMT shall strictly observe and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not limited to any permit or license requirements of the United States Department of Commerce, as well as any laws of the United States of America that are in existence at the time this Agreement is executed. In the event that any of the above laws, ordinances or regulations governing this sale are enacted after the execution of this Agreement, any additional costs that result will be mutually agreed upon by the parties. 9. Governing Law. The validity, interpretation and performance of this Contract shall be controlled and construed under the laws of the State of California. 10. Forum Selection. Any action brought relating to this Contract shall be brought and held exclusively in a State Court in the County of Los Angeles, California. 4 1 11. Notices. 2 Notices to the parties, unless otherwise requested in 3 writing, shall be sent to: 4 City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST 5 CITY ADMINISTRATOR 4305 SANTA FE AVENUE 6 VERNON, CALIFORNIA 90058-0805 7 TMT: TMT-PATHWAY, L.L.0 8 ATTN: CHUCK WOLF 2490 EWALD AVE., SE 9 SALEM, OR 97302 10 12. General Provisions. 11 A. Independent Contractor. 121 At all times during the term of this Contract, TMT shall be 13 an independent contractor and shall not be an employee of the City. 14 The City shall have the right to control TMT only insofar as the 15 results of TMT services rendered pursuant to this Contract; however, 16 the City shall not have the right to control the means by which TMT 17 accomplishes services rendered pursuant to the Contract except to the 18 extent that such services involve the use of City property or 19 Confidential Information. 20 B. TMT Not Agent. 21 Except as the City may specify in writing, TMT shall have no 22 authority, express or implied, to act on behalf of the City in any 23 capacity whatsoever as an agent. TMT shall have no authority, express 24 or implied, pursuant to this Contract to bind the City to any 25 obligation whatsoever. 26 C. Indemnification. .27 TMT shall indemnify, defend, protect and hold the City and 28 its officers, agents and employees, free and harmless from and against - 5 - 1 any and all claims, demands, losses, damages, liabilities, fines, 2 charges, penalties, orders, judgments and all costs and expenses 3 incurred in connection therewith, including reasonable attorney's fees 4 and costs of defense arising out of the services performed under this 51 Contract, except to the extent arising from or caused by the sole 6 negligence or willful misconduct of the City, its officers, agents, 7 employees or subcontractors. 8 D. Insurance. Prior to commencing work hereunder, TMT 9 shall provide City with proof of insurance providing and maintaining 10 the coverages and endorsements set forth in the Insurance Schedule 11 attached hereto as Exhibit "C" and made a part hereof by reference. 12 Said proof of insurance shall also provide that said policy or 13 policies shall not be canceled or materially reduced in coverage 14 without giving at least thirty (30) days prior written notice to City. 15 TMT shall not permit a subcontractor or vendor to perform work on City 16 premises unless and until a certificate of insurance is obtained 17 showing that such subcontractor or vendor has 18 worker's compensation coverage. 19 If TMT employs subcontractors as part of the services 20 rendered, TMT's protective coverage is required. TMT may include all 21 subcontractors as insureds under its own policy or shall furnish 22 separate insurance for each subcontractor, meeting the requirements 23 set forth herein. 24 E. Assignment and Subcontracting Prohibited. 25 No party to this Contract may assign or subcontract any 26 right or obligation pursuant to this Contract without the express 27 written consent of the other party. Any other attempted or purported 28 assignment of any right or obligation pursuant to this Contract shall - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 131 14 15 16 17 18 19 20 21 22 23 24 25 26. 27 28 11 be void and of no effect. F. Entire Agreement. This Contract constitutes the complete and final expression of the agreement of the parties and is intended as�a complete and exclusive statement of the terms of their agreements and supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. All exhibits are incorporated by reference. TMT represents that in entering into this Contract, it has not relied on any previous representations or understandings of any kind or nature. G. Partial Invalidity. Wherever possible, each provision hereof will be interpreted in such manner as to be effective and valid under applicable law, but in case any one or more of the provisions contained herein will, for any reason, be to be invalid, illegal or unenforceable in any respect, such provision will be ineffective to the extent, but only to the extent, of such invalidity, illegality or unenforceability without invalidating the remainder of such invalid, illegal or unenforceable provision or provisions or any other provision hereof, unless such a construction would be unreasonable or contrary to the intent of the parties as expressed in this Contract. H. Time of the Essence. Time is of the essence in the performance of this Contract and of each and every provision hereof. I. Risk of Loss. Risk of loss or damage shall pass to the City upon delivery FOB -the City. - 7 - d 1 J. Attorneys' Fees. 2 In the event that it becomes necessary for either party to 3 this Contract to enforce any of the provisions of this Contract, the 4 parties agree that a court of competent jurisdiction may determine and 5 fix reasonable attorney's fees to be paid to the successful litigant. 6 K. Benefit of Agreement. 7 This Contract shall bind and benefit the parties hereto and 8 their heirs, successors, and permitted assigns. 9 L. Force Majeure. 10 Neither party shall be considered to be in default in any of 11 its obligations under this Contract when ,a failure of performance 12 shall be due to an uncontrollable force. The terms "uncontrollable 13 force" shall mean any cause beyond the control of the party affected, 14 including, but not restricted to, flood, earthquake, storm, fire, 15 lightening, epidemic, war, riot, civil disturbance or disobedience, 16 Tabor dispute, labor material shortage, sabotage, federal, state, or 17 municipal action, statute, ordinance, or regulation, embargoes or the 18 United States Government or any other government, which by exercise of 19 due diligence such party could not reasonably have been expected to 20 avoid and by exercise to due diligence has been unable to overcome. 21 Either party rendered unable to fulfill any of its obligations under 22 this Contract by reason of an uncontrollable force, shall give written 23 notice within five (5) business days of such fact to the other party 24 and shall exercise due diligence to remove such inability with all 25 reasonable dispatch. 26 M. Waiver. 27 Any waiver at any time by either party of its rights with 28 respect to a default under this Contract, or with respect to any other - 8 - 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 matters arising in connection with this Contract, shall not be deemed a waiver with respect to subsequent default or other matter. N. Amendment. All changes or modifications to this Contract shall be in a writing stating that it is an amendment to this Contract and shall be signed by both parties or their duly authorized agents. This Contract shall not be modified through course of dealing, usage or trade. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. CITY OF VERNON By: LEONIS C. MALBURG, Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney TMT-PATHWAY, L.L.C. By: 2 Title: By: Cam/ Title: - 9 - } EXHIBIT A t O MEW TMT-Pathway Innovabon for the road ahead. Date: 1-09-2003 CoAvsrodffim 1675 Commercial St NE Eq*w-W$alem 2490 Ewald Ave SE CeatlnpAOshveles 1021 North Mission Rd Salem, OR 97303 Salem, OR 97302 Los Angeles, CA 90033 Pho 503.364.2277 Pho 503.364.2909 Pho 323.225.4154 Fax 503.364.1029 Fax 503.370.4389 Fax 323.227.5170 Toll 800.835.3357 Toll 800.253.2909 Toll 800.338.7680 To: Debbie. Nickens - City of Vernon From: Chuck Wolf Fax: 1-3238-826-1433 Subject: Spec.# 2441 - 2 Color Airless Legend Truck - Model TMT116P TMT116P as per following specs. Sales Tax (& 8.2 % Total cost FOB Delivered Price also includes 2 Day onsite training for operators. Warranty starts from the date of inservice (see attached). 1 Year on body and componants. 3 Year, 36,000 Miles on Chassis. Delivery 90 Days ARO - Terms Net 30 Thank You alo4eo' / Chuck Wolf $76,261.00 $6,253.40 $82,514.40 g 4 I 12/17/2002 14:21 1032460219 Selected UptiOtzs MARTIN KRUEGER PAGE. 02 Prepared For. Chuck Wolf Prepared By: Marty Krueger Dealership: Northside Trucks and Equipment 2003 Ford F-450 Chassis 4x2 SD Regular Cab 164.8" WB DRW HD XL (F46)184" Cab to Axle Code Description Class MSRP F46 Base Vehicle Price STD $26.525.00 General Info STARTI start -Up Date: OMS/2002 OPT NIC Packages 850A Order Code 650A OPT NIC Telescopic TnWer Tow Wrors wANanual Glass Manually telescoping wj* 2-W6Ylbld 4-WheelA8S 8mkes, Driver& PassengerAfrBag lndudas daaGI1r81%n swjkh (passengerside), Tow Hooks, (99s) Engine: 6.x ER v1o, (445) Trammnissi . HD 6-Speed Manuel WARD (Gas). (To 1) Tires: 22517OR09.5F BSW AS, (S7DWL) Wheels: Steel (e), (10 HD vinyl Full Bench Seat, (587) Rado: 8ec1mak AMfM Stereo WOock Includes 2 apeake►s, Carpel Delete - Replaced wailack FloorMat jX78) 4.88 Axle Re6o, (207) GVWR: 15,000lb Payload Package *1 Emissions 93N Dealer Order For Caiibmia States Registration OPT WC Non-C&HbM a Emisajon/ftn-Cross-Border States. Requk*d on aN un& ordered by dealers for Canbr4a Eniis_*ns States rgptsha6bn when the v'ahides are be/ng d"vemd to non-Ca6tomis EtWasions, non -Cross -Border States locadons. Powertrain 99S Engine: 6.81- EFI V10 STD WC 44E Transmission: Electronic 4-Speed Auto (Gas) OPT 1,095.00 Tranamission TOW. Gauge In Instrument Cluster, Power Take -Off Proldsbn Delete X78 4.88 Axle Ratio STD NIC 207 (3VWR: 16,000 lb Payload Package #1 STO N/C Prices and content aysllab fllty as shown, am subject to Change and should be treated as asemaoas only. Actual base .ehlde, pacMoe and optlon prking. may wry from estimate because or special local end Pa swllaDflipr and prioing adjustmenas not reflected In the dealers computer system. Sea eat""mon for the most current Information. Reference CT05203557 10-01-02 Printed on December 17, 2002 at 13:03 Price Level: 340 QuotMD: TWIT -LA Co Page 5 Q ,p W MARTIN KRUEGER , ' PAGE 03 ,12/17/2002 14:21 1032460219 Selected ©,ptiotrs Continued Prepared For: Chuck Wolf Prepared By_ Marty Krueger Dealership: Northside Trucks and Equipment Code Description Class MSRP Wheels & Tires T91 tires: 225f70Rx19.5F BSW AS STD N/C STDWL Wheels: Steel (6) STD WC 512 Spare Tire S Wheel AS OPT 295.00 Seats & Seat Trim v V HD Vinyl Full Bench Seat STD N/C Other Options PAINT Monotone Paint Application STD WC 165" 165" Wheeibase/W' Cab to Axle STD NJC 17F XL Decor Group OPT 115.00 Chrome Front Bwnper w 4.ower Valence, Singfe Bears Jewel aNct Hsasamps 572 Air Conditioning OPT 805.00 47Z Ambulance Prep Package Not Required OPT N/C 18B Black Tubular Cab Steps OPT 200.00 587 Radio: Electronic AM/FM Stereo w/Clock STD WC kwk des 2-speskwsx C09 Priced DORA OPT NIC Interior Colors For: Primary w/XL VE Medium Flint OPT 0.00 Primary Colors For: Primary W/XL Z1 Oxford White Clearcoat OPT O 0.00 Vehicle Sub Total $29,035.00 prices and conwK a milablity as shown, are subject to change and shaved be treated se eatlmst es 0,*. Acwei bees vehicle¢ package and option pricing nay very ern estimate Dacouu of spsaal food and pricing avaihability and pricing adjustroenbs not reflected In the dealers comp~ aystam. Sae coh mpar n (ar the moat currant hntotmsljorh Reference Cr0620366710-01-02 Printed on December 17, 2002 at 13:03 Price Level: 340 QuotelD: TMT4-A co Page a -1^/17/2002 14:21 1032460219 i MARTIN KRUEGER PAGE, • 05 4 I I Prepared For: Chuck Wolf Prepared By: Marty Krueger Dealership: Northside Trucks and Equipment ,Dimensions & Crz�acities 2003 Ford F-450 Chassis 4x2 SID Regular Cab 164.8" WB DRW HD XL (F46)184" Cab to Axle Description Value Power Output...................................................................... 310hpO4250 rpm Torque ........................................ ..... 425 lb.-ft. IQ 3250 rpm 1st gear ratio .................._................... ........ 2.71 2ndgear ratio ................................................. .... 1.54 .............................................................................................. 3rd gear ratio ........................................... 4thgear ratio ....................................................... • ..... 0.71 Reversegear ratio ...................................... ..... I.............................................................................................. 2.18 Weights Curb weight ............................................. ......... 6,510lbs. GVW ....................................................................................................... 15,0001be. RearFro GAWK Weigh...............Weigh ........................................................................................................................... 5,4001bs. GAWR e......................................................................... ..... .. 11.000lbs. Payload -.....igh ............................................................................................................. 8,490lbs. Payload............................................................... SAMbs. Front curb weight.................................................................................................................... ..................................................................................... 3,6491bs. Rear curb weight ............................................. Front axle capacity......................................................................................................... 2,861lbs. .......................................................................................... , ....... 5, 6001 bs. Front spring rating ..................... ...... S,400lbs. Rear spring rating .... .............................. ....... 11,000lbs. Front tire/wheel capacity ................. Rear tire/wheel capacity ....................... ....... 13,660lbs. Max trailer wt (properly equipped) ....................... .......... 18,700lbs. Interior Front legroom ..................................... 40.70 Front headroom .:.................................:............. 41,3" Front hiproom ........................ Front shoulder room ................ 68.0" Passenger area volume ............... ..... 66.1 cu.ft. Prices au1m4M d coolant labillry ad all*". are subiect to change and should be treated as estimates only. Actual base vehicle, package and option Pricing may vary from pedel local end pricing evsttsblllty and pricing sdiuetmente net roflected In the deslers computer eyetem. See salesperson for the most current information. Raferenaa CT06203W io.01-M Printed on December 17, 2002 at 13:03 Price Level: 340 QuoteiD: TMT4-A Co Page a 10 Q I R E, 12/1712002 14:21 1032460219 MARTIN KRUEGER PAGE, •or, llllensiorts & Capacities Continued Prepared For: Chuck Wolf Prepared By: Marty Krueger Dealership: Northside Trucks and Equipment Description Value Interior (Continued) Exterior Length............................................................................... .... 249.7" BodyHeigwidth .. •........................................................................................................................................................... 93.6" ................................................................................. 80.5" Wheelbase............................................................. 164.8„ Fronttread ...........................................: _....- 88.4., .......................................................................... Reartread ........... .................................... ......... ..... 63.4" . .......................................................................................... Turningradius............................................................. 29.8' ........................................................................ Fuel tank ....................................... . 40.0 gal. Cabto axle ............................................... 84.0" Ik Axle to and of frame................................................................................................ .. 47.5" ....................................... Prices and content awgsbNRy as shown, sue aubJect to change and should be vested Sr eegrrretee only. Actual sass wMeie- Package and opdonpAdng may nryfrom *%d"% to because. of speclsl local and P;c g "Iab@gr sod pricing ad)usur.9 s not (040CMd In me dseisrs compuW system. See salesperson for the most cwrem Womwdon. Reference OT06203559710A1-02 Printed on December 17, 2002 at19:03 Price Level: 340 QuoteiD: TMT-LA Co Page 9 19 17/2002 14:21 1032460219 MARTIN KRUEGER PAGE.- 07 Prepared For: Chuck Wolf Prepared By. Marty Krueger Dealership: Northside Trucks and Equipment Warranj yv Coverage' - 2003 Ford F-450 Chassis 4x2 SD Regular Cab 164.8" WB DRW HD XL (F46) / 84 Cab to Axle Description Months/Distance q Bumper to bumper .............................. ..... ..... 36 month/38,000 miles Major Components........................................................................................................... 36 month/38,000 miles Corrosion Perforation................................................................................................. 80 month/unlimited mileage Roadside Assistance........................................................................................................ 39 month/38,000 miles 9 Prices and content svallablllty as ehowm are subject to change and should be treated as es6malan only. Actual base vehicle. Package and option pricing may wry hom estimate because of special local end pddng availability and pricing adjustments not reflected in the dealers computer system. see saleapemon for the most tutroM Information. Reference CT05203587 10.01.02 Printed on December 17, 2002 at 13:03 Price Level: 340 QuotelD: TMT-LA Co Page 10 Q I? ONE YEAR LIMITED WARRANTY TMT-Pathway, L.L.C., application equipment "TMT-PATHWAY") of the equipment. hereby informs its customers and purchasers of traffic marking manufactured by TMT-Pathway, L.L.C. (hereinafter referred to as warranties and terms which are incorporated into the sale of that TMT-PATHWAY warrants all equipment against defects resulting from the'.design, workmanship and manufacture of the equipment for a period of one (1) year from the date of delivery. All claims by the purchaser that the workmanship or materials are defective must be received in writing within one (1) year of delivery. Said equipment must be operated within the limits of the performance specifications set forth by TMT-PATHWAY and in the manner anticipated by the parties at the time of manufacture. Purchaser shall set aside, protect and hold such equipment without further processing until TMT-PATHWAY has an opportunity to inspect and/or advise of the disposition, if any, to be made of such equipment. TMT-PATHWAY will, within the one year period, repair or replace at its plant, or at a local authorized repair station, any equipment or part thereof which, upon inspection by TMT-PATHWAY, shall be determined to be defective in workmanship or materials. This shall be the sole and exclusive remedy. In no event shall any good be returned, reworked, or scrapped by purchaser without the express written authorization of TMT-PATHWAY. All costs of shipment to and from TMT-PATHWAY for the purpose of.repair and/or replacement, shall be the responsibility of the purchaser. Shipment to the factory must be prepaid. Freight collect shipments will not be accepted. Any return for repair or replacement under warranty must be accompanied by: a. TMT-PATHWAY Return Merchandise Authorization Number b. Sender's name, address and phone number c. Purchase date d. Seller's name e. Nature of defect f. Serial number and/or part number The warranty obligation of TMT-PATHWAY, as set forth above, is contingent upon the purchaser's proper use of said equipment in accordance with TMT-PATHWAY's recommendations and instructions for its use. The aforesaid warranty shall not apply to equipment which has been subject to misuse, abrasion, corrosion, negligence, accidents, faulty installation, dispensing material incompatible with the equipment, shipping damage, or acts of the purchaser in modifying equipment so as to affect the performance for which it has been designed. Normal wear parts, belts, spray tips, seals, gaskets, etc., are not subject to warranty terms. TMT-PATHWAY SHALL NOT BE LIABLE FOR STATEMENTS MADE BY ANYONE, INCLUDING, DISTRIBUTORS OR THEIR AGENTS, EXCEPT AUTHORIZED EMPLOYEES OF TNT -PATHWAY. TMT- PATHWAY IS IN NO EVENT LIABLE FOR LOSS OF USE, LASS OF TIME, WAGES PAID, INCONVENIENCE, LOSS OF PROFIT, EXPENDITURES, TRAVEL, LODGING, OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE WARRANTY HEREIN SET FORTH ABOVE, IS A LIMITED WARRANTY AND THAT THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANJABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ANY OBLIGATION OF LIABILITY EXCEED THE PURCHASE PRICE OF THE ITEM. IT IS UNDERSTOOD AND AMMM THAT ALL PROVISIONS WITHIN THE BODY OF THE WARRANTY CAN ONLY BE MODIFIED BY A WRITTEN DOCUMENT EXECUTED BY BOTH PARTIES. THE ABOVE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO REPAIR AND REPLACEMENT. PRODUCTION CHASSIS -NO TMT-PATHWAY WARRANTY TMT-PATHWAY makes no warranty with respect to any purchased production chassis (Ford, GMC, Isuzu, etc.), but will, to the extent assignable, assign the manufacturer's warranty to its customer. i TMT-PATHWAY GENERAL SPECIFICATION FOR CITY OF VERNON TMT0116P SPEC.# 2441 HYDRAULIC AIRLESS LEGEND TRUCK 1. GENERAL: It is the intent of these specifications to describe the minimum requirements for a self contained truck that will spray traffic control stencils directly on the road surface. The truck will also be capable of applying paint to curbs to indicate parking control. The truck mounted equipment shall be hydraulically operated and will spray the paint by the airless method, and will carry all necessary materials for traffic control stenciling, including paint, stencils and cones in a neat and organized fashion. 2. CHASSIS: 15,000 GVWR Chassis. See attached spec. 3. BODY: All steel body to measure a minimum 136" long x 96" wide will be provided. The frame shall consist of "box" construction. The deck and side skirt is to be of-1/8" diamond plate slopped sufficiently to prevent standing liquids. The headboard is to extend 20" above deck. The frame is to incorporate 2" x 2" .120 inch wall tubing cross members on 16" centers. Metal skirts that are not reinforced full length will not be accepted. A tool box is to be built under the deck on left side (street side) and will be approximately 9 cubic feet with a flush bottom hinged rain resistant locking door. All doors to be bottom hinged, side hinged doors will not be accepted. Serviceaccess doors to provide ease of access to hose reel and tool box compartments. The door size shall be a minimum of 32" x 20". Access doors smaller than these minimums will not be acceptable. A top access door will be provide to the hose reel compartment. This hose reel compartment will be located at the rear of the body. Built into the top access door will be a cut out for each spray gun allowing the gun to be locked into the hose reel compartment without disconnecting the gun from the paint hose. Specifications subject to change without notice Rev: 1-7-2003 1 e 4. PAINT TRAY: Paint storage shall be provided for six 5 gallon paint containers separated by 1" x 1/4 steel removable divider. The paint storage area is to be constructed from 10 gauge steel and be placed in a recessed right front paint storage well in the body. The paint storage area shall be 'a sealed and contained area to prevent spilled paint from draining to the ground or roadway. A 3/4 inch ball valve shall be provided to drain this compartment as needed. 5. GUN SOLVENT BATH: Hose roller assemblies are to be provided, one for each spray gun system, and mounted in rear body panel. Recessed 3" diameter minimum paint gun solvent bath holsters for each spray system, which must be removable for easy cleaning are to be built into the rear body panel. These holsters are to be constructed from 3 li inch square steel tubing and hold the spray guns when they are not being used. 6. HYDRAULIC RESERVOIR: A hydraulic tank with interior baffles shall have a forty (40)' gallon hydraulic fluid capacity. The tank shall have two. clean outs with a minimum of 10 inch diameter for access to the entire interior of the tank. The hydraulic tank shall be mounted to provide positive lead for the hydraulic tank. The reservoir shall have incorporated into it a vent, oil filler breather assembly, oil drain valve, and oil level sight glass. Bolt on hydraulic reservoir tanks will not be accepted. 7. HYDRAULIC SYSTEM: A PTO activated hydraulic pump will be provided to power the airless paint spray system. It will be sized to provide enough hydraulic pressure' & GPM to run paint equipment or optional air compressor @ 1000 RPM. A 10 micron return line spin on oil filter will be plumbed into the hydraulic system. One 1500 PSI maximum pressure reducing valve and gauge for each airless paint pump will be included for the regulation of the paint pressure. A cab mounted master switch with an indicator light will be wired in such a way that it must be turned "on" for any of the hydraulic systems to operate. Two rear mounted water proof on/off safety switch will be included allowing the operator to energize the hydraulic system and paint spray system from the operator work station. All hoses, Specifications subject to change without notice Rev: 1-7-2003 2 piping, and fittings to be S.A.E. hydraulic rated. 8. BODY LIGHTS: Combination stop/turn tail lights, and side marker lights shall be provided. 9. PAINT: Cab and body color to be manufacturers standard white unless the customer specifies a different color. Body to be chipped, ground flush, and sanded prior to painting. Body to be painted the same color as cab. 10. STENCIL RACK: Constructed of 1" square steel tubing and 1/4" x 1" HRFB to accommodate eighteen (18) stencils stacked on edge to a height of 36". Each stencil space will be 1-3/4" in width. Six (6) additional stencil spaces will be provided that will be open at the top. A stencil deck roller and stop will be incorporated. The rack shall be affixed to the deck by a minimum of four (4) rust proof bolts and nuts. 11. SbMPER: The rear bumper shall be constructed of 1/8" formed diamond plate steel and be an integral part of the body. The rear bumper shall be painted the color of the vehicle. 12. PAINT SPRAY SYSTEM: Two (2) airlesspaint spray systems shall be supplied. It shall be a Model TMT--14-10300. It shall have 3.1 GPM capacity at 1700 PSI, and be constructed of 100% stainless steel wetted parts. Carbide ball seats and chrome check balls are unacceptable.' 13. HOSE REEL AND GUN: Two (2) spring rewind hose reel with 'Teflon packings, 50 ft. each of high pressure 3000 PSI static grounded hose, hose ball stops, and three foot each of whip -end hose shall be provided. The hose reel and fluid hose are to be mounted in the hose reel compartment in the right rear of the stencil body. Two (2) airless spray gun with 12" gun extensions and a self cleaning spray nozzle with tip guard shall be attached to the Specifications subject to change without notice Rev: 1-7-2003 3 hose. 14. WORK LIGHTS: Two seal beam work lights will be mounted on the Legend Truck. One will illuminate the paint well area. The other will illuminate the rear work area. A toggle switch will be located in the cab to turn the lights on/off. 15. SAFETY SWITCH: A park/neutral safety switch shall be installed so that if the vehicle is placed in gear or the brake pedal is depressed, the throttle is automatically disengaged. 16. ARROyWWBOARD: One (1) 36" x 7211, tri-function, 25 light arrowboard with a cab mounted remote control to be provided. Arrowboard must come with 90 degree electric lift. Arrowboard to be mounted above headboard so as to be clearly visible. DOC ID: V$RNON.116 Specifications subject to change without notice Rev: 1-7-2003 4 EXHIBIT C 1 EXHIBIT C 2 INSURANCESCHEDULE 3 TMT shall provide proof of insurance, including a standard certificate of insurance, in at least the 4 following amounts and coverage (combined single limit permitted): 5 I• Coverage and Limits 6 Bodily Injury Propegy Damagg Hazards Each Person Each Accident Each Accident 7 Automobile Liability 8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 9 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 10 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer 11 H. General Liability 12 General Liability $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 13 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 14 Contract Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $2,000,000 $2,000,000 $2,000,000 15 a. The general liability policy shall contain the following special endorsements which shall be noted on or 16 attached to the standard certificate of insurance: 17 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 18 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 19 3. An endorsement providing coverage for all operations under this Agreement. 20 4. Such other endorsement as may be required by addendum hereto. 21 b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be furnished in the form checked below. Certification of the following proofs by the insurance 22 agent or broker will not be accepted: 23 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and 24 statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. 25 26 A copy of each policy certified by an officer of the underwriter or carrier and notarized. 27 28 EXHIBIT C SUPPORTING DOCUMENTS 2 3 4 5 6 7 8! 91' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VEHICLE PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of.which`,may be considered and used as the original hereof for all purposes, as of this day of February, 2003, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, CA 90058 TMT-PATHWAY, L.L.C. (hereinafter referred to as "TMT") 1675 Commercial St., NE Salem, OR 97303 WHEREAS, the Vernon Community Services & Water Department is in need of anew stencil truck to replace Truck #258 that is over 24 years old, with a paint system that is obsolete and unreliable; and WHEREAS, City staff have determined that the best model stencil truck meeting the specifications and requirements of the Community Services & Water Department to be a TMT 116P-Pathway Hydraulic Airless Legend Truck with a Ford F450 Chassis (hereinafter the "Stencil Truck") due to its design, features, ease of use, and overall build quality; and WHEREAS, TMT is the sole distributor of the Stencil Truck; and WHEREAS, TMT has prepared a Proposal dated January 9, 2003 (hereinafter the "Proposal"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. WHEREAS, TMT has advised City that it can furnish the 1 2 3 4 5 6 7 8 9 10 11 121 13 14 15 16 17 18 19 20 21 22 j 23 24 25 26 27 28 Stencil Truck and provide the onsite training as set forth in the Proposal and the City's specifications, which are attached hereto as Exhibit "B" and incorporated herein by reference; and WHEREAS, City desires to enter into an agreement with TMT to provide for the purchase and delivery of the Stencil Truck and the necessary onsite training for the operation of the Stencil Truck. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. Purchase. TMT agrees to sell and deliver to the City the Stencil Truck, as set forth and described in detail in the Proposal and the City's specifications. In the event of a conflict between the Proposal and this Contract, the terms of this Contract shall prevail. 2. Time of Performance. TMT shall deliver the Stencil Truck within ninety (90) working days from the time that the City issues a purchase order. 3. Price. TMT agrees to sell and deliver, subject to final inspection by the City, the Stencil Truck and provide a 2-day onsite training for operators, as described in its Proposal, for the total amount of Eighty -Two Thousand Five Hundred Fourteen Dollars and Forty Cents ($82,514.40), which includes sales tax and delivery. 4. Payment Terms. The City agrees to pay TMT the total purchase price, net thirty (30) days, after delivery, acceptance and approval of the Stencil Truck by the City FOB destination and receipt of an invoice from TMT. 5. Warranties. TMT warrants title to the Stencil Truck purchased hereunder and any part thereof to be free of any claim of any security interest, lien or any encumbrance. TMT warrants that the - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18'. 19 20 21 22 23 24 25 26 27 28 traffic marking application equipment manufactured by TMT will be delivered new and shall be free from defects in material and workmanship under normal use and service for a period of one (1) year from the date of delivery. TMT will also provide a warranty on the truck chassis that will last for three (3) years or 36,000 miles, whichever occurs first. TMT shall comply with the warranty provisions set forth in the Proposal. 6. Change and Extra Services. The City reserves the right to request changes in the equipment design, delivery dates, or additions to or deletions from the equipment purchased from TMT. All such changes shall be incorporated in written change orders executed by the City and TMT that shall specify the changes ordered and the adjustment of prices, delivery schedules and warranties. Any equipment or services added to this Contract, under this section, shall be executed under all applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. 7. Cancellation/Default. A. This Contract may be terminated by the City for its convenience upon fifteen (15) days prior written notice and upon payment of reasonable and proper termination charges, including, but not limited to, all costs incurred or committed prior to the effective date of notice of termination and all charges incurred by TMT in connection with the termination, plus reasonable overhead and profit. B. In the event that TMT commits a breach of a material condition of this Contract, the City shall notify TMT in writing of said breach and if TMT has not cured or begun reasonable efforts to - 3 - 1 cure after fifteen (15) days of receipt of said notice, and fails to 2 diligently pursue corrective action, then the City shall have the 3 right to cancel this Contract. TMT shall be responsible for any 4 direct costs due to the City's re -procurement of the equivalent of the 5 equipment or services cancelled from TMT. 6 8. Compliance with Laws. 7 TMT shall strictly observe and comply with all applicable 8 federal, state, and local laws, ordinances and regulations governing 9 this sale, including but not limited to any permit or license 10 requirements of the United States Department of Commerce, as well as 11 any laws of the United States of America that are in existence at the 12 time this Agreement is executed. In the event that any of the above 13 laws, ordinances or regulations governing this sale are enacted after 14 the execution of this Agreement, any additional costs that result will 15 be mutually agreed upon by the parties. 16 9. Governing Law. 17 The validity, interpretation and performance of this 18 Contract shall be controlled and construed under the laws of the State 19 of California. 20 10. Forum Selection. 21 Any action brought relating to this Contract shall be 22 brought and held exclusively in a State Court in the County of Los 23 Angeles, California. 24 25 26 27 28 4 1 11. Notices. 2 Notices to the parties, unless otherwise requested in 3 writing, shall be sent to: 4 City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST 5 CITY ADMINISTRATOR 4305 SANTA FE AVENUE 6 VERNON, CALIFORNIA 90058-0805 7 TMT: TMT-PATHWAY, L.L.0 8 ATTN: CHUCK WOLF 2490 EWALD AVE., SE 9 SALEM, OR 97302 10 12. General Provisions. 11 A. Independent Contractor. 12 At all times during the term of this Contract, TMT shall be .13 an independent contractor and shall not be an employee of the City. 14 The City shall have the right to control TMT only insofar as the 15 results of TMT services rendered pursuant to this Contract; however, 16 the City shall not have the right to control the means by which TMT 17 accomplishes services rendered pursuant to the Contract except to the 18 extent that such services involve the use of City property or 19 Confidential Information. 20 B. TMT Not Agent. 21 Except as the City may specify in writing, TMT shall have no 22 authority, express or implied, to act on behalf of the City in any 23 capacity whatsoever as an agent. TMT shall have no authority, express 24 or implied, pursuant to this Contract to bind the City to any 25 obligation whatsoever. 26 C. Indemnification. .27 TMT shall indemnify, defend, protect and hold the City and 28 its officers, agents and employees, free and harmless from and against _ 5 _ 1 2 3 4 5 6 7 8, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs and expenses incurred in connection therewith, including reasonable attorney's fees I and costs of defense arising out of the services performed under this Contract, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents, employees or subcontractors. D. Insurance. Prior to commencing work hereunder, TMT shall provide City with proof of insurance providing and maintaining the coverages and endorsements set forth in the Insurance Schedule attached hereto as Exhibit "C" and made a part hereof by reference. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to City. TMT shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcontractor or vendor has worker's compensation coverage. If TMT employs subcontractors as part of the services rendered, TMT's protective coverage is required. TMT may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. E. Assignment and Subcontracting Prohibited. No party to this Contract may assign or subcontract any right or obligation pursuant to this Contract without the express written consent of the other party. Any other attempted or purported assignment of any right or obligation pursuant to this Contract shall - 6 - 1 2 3 4 5 6 7 8 9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I be void and of no effect. F. Entire Agreement. This Contract constitutes the complete and final expression, of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. All exhibits are incorporated by reference. TMT represents that in entering into this Contract, it has not relied on any previous representations or understandings of any kind or nature. G. Partial Invalidity. Wherever possible, each provision hereof will be interpreted in such manner as to be effective and valid under applicable law, but in case any one or more of the provisions contained herein will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective to the extent, but only to the extent, of such invalidity, illegality or unenforceability without invalidating the remainder of such invalid, illegal or unenforceable provision or provisions or any other provision hereof, unless such a construction would be unreasonable or contrary to the intent of the parties as expressed in this Contract. H. Time of the Essence. Time is of the essence in the performance of this Contract and of each and every provision hereof. I. Risk of Loss. Risk of loss or damage shall pass to the City upon delivery FOB the City. - 7 - r' ' 1 J. Attorneys' Fees. 2 In the event that it becomes necessary for either party to 3 this Contract to enforce any of the provisions of this Contract, the 4 parties agree that a court of competent jurisdiction may determine and 5 fix reasonable attorney's fees to be paid to the successful litigant. 6 K. Benefit of Agreement. 7 This Contract shall bind and benefit the parties hereto and 8 their heirs, successors, and permitted assigns. 9 L. Force Majeure. 10 Neither party shall be considered to be in default in any of 11 its obligations under this Contract when a failure of performance 12 shall be due to an uncontrollable force. The terms "uncontrollable 13 force" shall mean any cause beyond the control of the party affected, 14 including, but not restricted to, flood, earthquake, storm, fire, 15 lightening,_ epidemic, war, riot, civil disturbance or disobedience, 16 labor dispute, labor material shortage, sabotage, federal, state, or 171 municipal action, statute, ordinance, or regulation, embargoes or the 18 United States Government or any other government, which by exercise of 19 due diligence such party could not reasonably have been expected to 20 avoid and by exercise to due diligence has been unable to overcome. 21 Either party rendered unable to fulfill any of its obligations under 22 this Contract by reason of an uncontrollable force, shall give written 23 notice within five (5) business days of such fact to the other party 24 and shall exercise due diligence to remove such inability with all 25 reasonable dispatch. 26 M. . Waiver. 27 Any waiver at any time by either party of its rights with 28 respect to a default under this Contract, or with respect to any other - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 131 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 matters arising in connection with this Contract, shall not be deemed a waiver with respect to subsequent default or other matter. N. Amendment. All changes or modifications to this Contract shall be in a writing stating that it is an amendment to this Contract and shall be signed by both parties or their duly authorized agents. This Contract shall not be modified through course of dealing, usage or trade. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. ATTES BRUCE V. MALKENHORST, City Clerk AP D AS TO FORM: EDUARDO OLIVO, City ey LIM By: T - 9 - CITY OF VERNON By: UDC EONIS C. MAL RG, Ma or- TMT-PATHWAY, L.L.C. CoangoSalem 1675 Commercial St NE 2490 Ewald Ave SE sAn9ws 1021 Nor0h Mission Rd - Salem, OR 97303 Salem, OR 97302 Los Angeles, CA 90033 Pho 503.364.2277 Pho 503.364.2909 Pho 323.225.4154 Fax 503.364.1029 Fax 503.370.4389 Fax 323.227.5170 Too 800.835.3357 Toll 800.253.2909 Too 800.338.7680 rMr-I�tHiw�ry Innovation for the road ahead. Date: 1-09-2003 To: Debbie Nickens - City of Vernon From: Chuck Wolf Fax: 1-3238-826-1433 Subject: Spec.# 2441 - 2 Color Airless Legend Truck - Model TMT116P TMT116P as per following specs. Sales Tax @ 8.2 % Total cost FOB Delivered Price also includes 2 Day onsite training for operators. Warranty starts from the date of inservice (see attached). 1 Year on body and componants. 3 Year, 36,000 Miles on Chassis. Delivery 90 Days ARO - Terms Net 30 Thank You Chuck Wolf $76,261.00 $6,253.40 $82,514.40 1 10 -- ---- •-- r•rr .iry hRUCt7GK PAGE 02 Prepared For: Chuck Wolf Prepared By: Marty Krueger Dealership: Northside Trucks and Equipment 4 Selected options 2003 Ford F-450 Chassis U2 SD Regular Cab 164.8" WB DRW HD XL (F46) I W' Cab to Axle Code Description Class MSRP F48 Base Vehicle Price STD $28,525.00 General Info STARTI Start -Up Date: 08/05/2002 OPT N/C Packages 650A Order Code 650A OPT N/C Teloecow Traler Tow M6rors wAwual Glass Manualy telescoping Mill 2-w8y fold 4-Whaei ADS Stakes, Ddver 8 PmmongerAir Bag Includes deac&eftn switch (paesorrgeraide). Tow Hooks, (99S) Engine. 6.X EFI V10, (445) Trsnsnwssion: HD 6-Spend Manuel w/OD (Gas). (T91) Ties: 22&70Rx18.5F BSW AS. (STOM) Wheels: Steel (e), M HD Vinyl Ful Bench Seal (587) Redo: 5W&wk AIWF)N Stereo wAyock Includes 2-speakers, Carpet Delete- Replaced w6leck Floc Mat: Q(78) 4, 88 Axle RaBo, (207) GVWW. 14 o00 b Payreed package #1 Emissions 93N Dealer Order For California States Regletration OPT WC Non -Ceps Enrssicn9Von-CrOWBorder States. ReqLbed on al units ordered by dealers for Cafomfa Emissions Stares reglsbaabn when the Y#Ndss are b8bg dsivw vd to non-Cailomis Emissbns, non -Cross Border States bcadms. Powertrain 99S Engine: 8.81- ER V10 STD NIC 44E Transmission: Electronic 4-Speed Auto (Oas) OPT 1,095.00 TrarINW slon Temp. Gauge In Instrument Cluster, Power Teke Ofl`ProvWon Delete X78 4.88 Axle Ratio STD N/C 207 GVWR: 16,000 lb Payload Package #1 STO WC Prices and content "Ilabllky as shown, are subject to change and should be tre4rad as astimaas only. Actual base vehicle. package and opq- pricing may -ry from 10, becerres d epe['Jal beat and Ptictna aysllabl% and pricing w4usanantz not reflected In Me deabrs cornpuref System. See salacperson for the most current IMorrnadort. Referents C�T05204710.01.02 Printed on December 17, 2002 at 13:03 Price Level: 340 6luotwD: TMT4A Co Page 5 Ia fo ITIHK11N KKULL-r-x PAGE ®3 •-t i l �-vvc. Lam• L1 1VJGYVVGIJ :Selected Options Continued Prepared For: Chuck Wolf Prepared By: Marty Krueger Dealership: Northside Trucks and Equipment Code Description Class MSRP Wheels & Tires T91 Tires: 22SR0Rx19.5F BSW AS STD NIC STDWL Wheels: Steel (8) STD N/C 512 Spare Tire & Wheel AS OPT 295.00 Seats & Seat Trim V HD Vinyl Full Bench Seat STD NIC Other Options PAINT Monotone Paint Application STD WC 165WB 165" Wheeibased84" Cab to Axle STD N/C 17F XL Decor Group OPT 115.00 Chrome Front Bumper ►► -Lower Valence, sbgle Besot Jewel ENlsct HeadmMs 572 Air Conditioning OPT 805.00 47Z Ambulance Prep Package Not Required OPT WC 18B Black Tubular Cab Steps OPT 200.00 587 Radio: Electronic AM/FM Stereo w/Clock STD WC Includes 2-speakers. R = C09 Priced DORA OPT N/C Interior Colors For: Primary w/XL VE Medium Flint OPT 0.00 Primary Colors For: Primary w/XL Z1 Oxford White Clearcoat OPT 0.00 Vehicle Sub Total $29,035.00 Prices and content w-akability as shown, arm subject to change and should be treated as eellmen ordy. Actual bees vehicle, package and option pricing may vary from eetimam Deceuw d specie= bootgnd pricing avagabitity qnd pricing adjustrnonts not mUclod in the deswe computer eyetem, use codaeperson for the moat currant Mrormetion RMwann CilI62036671"1-02 Printed on December 17, 2002 at 13:03 Price Level: 340 QuotelD: TMT-LA Co Pa" 6 F Inf"j-, t ill r 1mUCUr-K T I I Prepared For: Chuck Wolf Prepared By: Marty Krueger Dealership: Northside Trucks and Equipment Dimensions & Cr.1pucides . 2003 Ford F-460 Chassis 0280 Regular Cab 1 ".8" WS DRW HD XL (F46) 184" Cab to Axle Description Value Power Output Torque........................................................................................ ................ . ..........I.... 310hpQ4250 rpm . ..... 425 lb.-ft. Q 3250 rpm 1st gear ratio ..... ...................... ............................. ........................................ Indgear ratio .................... .............................................................................................. .................. 2.71 3rd gear ratio ..................................... ..................... 1.51 4thgear ratio............................:...................................................................................................................... 1 Reverse gear ratio ..................... .........:......................................................................................................... 0.71 ...................................................................................................... 2.18 Weights Curbweight ...................................... Front GAWK Weigh ..................................................................................................................... 15,000Ibs, ........................................................................................... Rear GAWR Weigh ................................ 5,400tbs. ................................._........... ..... ................. ,.,. ...... Payload... .............. 11,000lbs. ................. ......................................................................I........I,..........., Payload....................... 8,490ibs. ................... .... .......................... ....... ....I.,...... Front curb weight .......................................... ... ..........._................ ...................... 8,490lbs. Rear curb weight ..............................................:........ ............ ........................................................ 3,6491ba. .................................................................................. Front axle capacity ................. 2,861tbs. ................. Front spring rating ................................. � -.-.-................,..................,.....,...........................,..... 5,600lbs. ................................................................................................ Rearspring rating................................................................ 5,400lbs. .......................................................... ........ Front tire/wheei capacity ..................... 11,000lbs. Reartirelwheel capacity ... ..................................:................................................................................... 7,280lbs. .................................................................................... MaX trailer wt (properly equipped) 13,660tbs. ....................................... ..... ................................................................ 18,700ibs. Interior Front legroom .......................................... ..... 40.T` Frontheadroom ................................................ 41,3•• Front hiproom....................................... .............. 67.4" Front shoulder room ..........:............... 68_0rr ...................................................................................................... . Passenger area volume .................................................................... 66.1 cu.ft. ...................................................... Pnees end content avallablpty as shown, are subject: to change and should be treated as Wormadon. Reference CTo6203W io-01-02 eatimates only. Actual base vehicle, package and option pricing may very ffoin mdmR" because Of epsetW local and Wking svatlablliry and pricing adfushneMa not reflected In the desists computer system. See esbeparson for the most eunent Printed on becembw 17, 2002 at 13:03 Price Level: UO QuotaiD: TMT-LA Co Pegs a 1 a W . MARA IN KWEGER PAGE 06 g 0 .:-r i r � �wc .a -r. �t 1UJL40UL17 -Dimensiomy & Capacities Continued Prepared For: Chuck Wolf Prepared By: Marty Krueger Dealership: Northside Trucks and Equipment Description Value Interior (Continued) Exterior Length................................................................ 249.7" Bodywidth............................................................................................................................... .......................................................................... ....... a............... 93.6" Height ..... ..... rr" Wheelbase............................................... 180.8" ........ . Front tread ................................................. .............. 68.4" Reartread......................................................... ...... 83.4" ........................................................................................ Turningradius.............................................................. 29.8' Fueltank .........................:........................... ._..... 40.0 gal. Cabto axle................................................................. " A)de to end of frame ........................................... 47.5" Prices and eorMent avallablift as snovm, change ara GU400t to and should toe treated as sM I"tes only. Actsal pass vehicle, package and opdon pricine may vary from estimate because of special krcal and pricing evelab"Ity and Pdcing adwstmSOU not rallected In the dealers comphrler system. Sea ealaspsrson for dhe most current intarmadon, Reference CTn6�03'S671041-02 Prkded on December 17, 2002 at 13:03 Price Level: 340 QuoteiD: TMT4 A Co Page a V -. T 4U-344OU417 MAH I IN KRUEGER Prepared For: Chuck Wolf Prepared By: Marty Krueger Dealership: Northside Trucks and Equipment Warra>r V Coverage* 2003 Ford F-450 Chassis 4x2 SD Regular Cab 164.3" WB DRW HD XL (F46) / 64 Cab to Axle Description Months/Distance e Bumper to bumper................................................................................ ....................... 36 month/38,000 miles Major Components ........ ................................ .......................................... I .................... ... 36 month/38,000 miles Corrosion Perforation................................................................................................. 60 month/untimlted mileage Roadside Assistance...................................................................................................... 36 month/38,000 miles 0 Prkea and rxntant svallabltity as shown, am subject to change and should be floatod as estimates only. Actual base vehicle, package end optbn pdcing may very from eagmate because of special local and pddng ava�7abd'ity and pricing adjustments not reflected in the dealers computer system. See salesperson for the most current Information. Reference CT05203U7 10.01.02 Printed on Dacrnber 17, 2002 at 13:03 Price Level: 340 QuotelD: TMT-LA Co Page 19 q 4r ONE YEAR LIMITED WARRANTY T.MT-Pathway, L.L.C., hereby informs its customers and purchasers of traffic marking application equipment manufactured by TMT-Pathway, L.L.C. (hereinafter referred to as "TMT-PATHWAY") of the warranties and terms which are incorporated into the sale of that equipment. TMT-PATHWAY warrants all equipment against defects resulting from the design, workmanship and manufacture of the equipment for a period of one (1) year from the date of delivery. All claims by the purchaser that the workmanship or materials are defective must be received in writing within one (1) year of delivery. Said equipment must be operated within the limits of the performance specifications set forth by TMT-PATHWAY and in the manner anticipated by the parties at the time of manufacture. Purchaser shall set aside, protect and hold such equipment without further processing until TMT-PATHWAY has an opportunity to inspect and/or advise of the disposition, if any, to be made of such equipment. TMT-PATHWAY will, within the one year period, repair or replace at its plant, or at a local authorized repair station, any equipment or part thereof which, upon inspection by TMT-PATHWAY, shall be determined to be defective in workmanship or materials. This shall be the sole and exclusive remedy. In no event shall any good be returned, reworked, or scrapped by purchaser without the express written authorization of TMT-PATHWAY. All costs of shipment to and from TMT-PATHWAY for the purpose of.repair and/or replacement, shall be the responsibility of the purchaser. Shipment to the factory must be prepaid. Freight collect shipments will not be accepted. Any return for repair or replacement under warranty must be accompanied by: a. TMT-PATHWAY Return Merchandise Authorization Number b. Sender's name, address and phone number C. Purchase date d. Seller's name e. Nature of defect f. Serial number and/or part number The warranty obligation of TMT-PATHWAY, as set forth above, is contingent upon the purchaser's proper use of said equipment in accordance with TMT-PATHWA'Y's recommendations and instructions for its use. The aforesaid warranty shall not apply to equipment which has been subject to misuse, abrasion, corrosion, negligence, accidents, faulty installation, dispensing material incompatible with the equipment, shipping damage, or acts of the purchaser in modifying equipment so as to affect the performance for which it has been designed. Normal wear parts, belts, spray tips, seals, gaskets, etc., are not subject to warranty terms. TMT-PATHWAY SHALL NOT BE LIABLE FOR STATEMENTS MADE BY ANYONE, INCLUDING, DISTRIBUTORS OR THEIR AGENTS, EXCEPT .;AUTHORIZED EMPLOYEES OF TMT-PATHW. TMT- PATHWAY IS IN NO EVENT LIABLE FOR LOSS OF USE, LOSS OF TIME, WAGES MAID, INCONVENIENCE, LOSS OF PROFIT, EXPEMITURES, TRAvEL, LODGING, OR OTHER CONSEQUENTIAL, OR INCIDENTAL DAMAGES. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE WARRANTY HEREIN SET FORTH ABOVE, IS A LIMITED WARRANTY AND THAT THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ANY OBLIGATION OF LIABILITY EXCEED THE PURCHASE PRICE OF THE ITEM. IT IS UNDERSTOOD AND AGREED THAT ALL PROVISIONS WITHIN THE BODY OF THE WARRANTY CAN ONLY BE MODIFIED BY A WRITTEN DOCUMENT EXECUTED BY BOTH PARTIES. THE ABOVE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO REPAIR AND REPLACEMENT. PRODUCTION CHASSIS -NO TMT-PATHWAY WARRANTY TMT-PATHWAY makes no warranty with respect to any purchased production chassis (Ford, GMC, Isuzu, etc.), but will, to the extent assignable, assign the manufacturer's warranty to its customer. TMT-PAT9MY GENERAL SPECIFICATION FOR CITY OF VERNON TMT0116P SPZC.# 2441 HYDRAULIC AIRLESS LEGEND TRUCK 1. GMUMAL C It is the intent of these specifications to describe the minimum requirements for a self contained truck that will spray traffic control stencils directly on the road surface. The truck will also be capable of applying paint to curbs to indicate parking control. The truck mounted equipment shall be hydraulically operated and Will spray the paint by the airless method, and will carry all necessary materials for traffic control stenciling, including paint, stencils and cones in a neat and organized fashion. 2. CHASSIS: 15,000 GVWR Chassis. See attached spec. 3. BODY: All steel body to measure a minimum 136" long x 96" wide will be provided. The frame shall consist of "box" construction. The deck and side skirt is to be of 1/8" diamond plate slopped sufficiently to prevent standing liquids. The headboard is to extend 20" above deck. The frame is to incorporate 2" x �" .120 inch wall tubing cross members on 16" centers. Metal skirts that are not reinforced full length will not be accepted. A tool box is to be built under the deck on left side (street side) and will be approximately 9 cubic feet with a flush bottom hinged rain resistant locking door. All doors to be bottom hinged, side hinged doors will not be accepted. Service access doors to provide ease of access to hose reel and tool box compartments. The door size shall be a minimum of 32" x 20". Access doors smaller than these minimums will not be acceptable. A top access door will be provide to the hose reel compartment. This hose reel compartment will be located at the rear` of the body. Built into the top access door will be a cut out for each spray gun allowing the gun to be locked into the hose reel compartment without disconnecting the gun from the paint hose. Specifications subject to change without notice Rev: 1-7-2003 1 4. PAINT TRAY: Paint storage shall be provided for six 5 gallon paint containers separated by 1" x 1/4 steel removable divider. The paint storage area is to be constructed from 10 gauge steel and be placed in a recessed right front paint storage well in the body. The paint storage area shall be a sealed and contained area to prevent spilled paint from draining to the ground or roadway. A 3/4 inch ball valve shall be provided to drain this compartment as needed. 5. GUN SOLVE= BATH: .Hose roller assemblies are to be provided, one for each spray gun system, and mounted in rear body panel. Recessed 3" diameter minimum paint gun solvent bath holsters for each spray system, which must be removable for easy cleaning are to be built into the rear body panel. These holsters are to be constructed from 3 1-1 inch square steel tubing and hold the spray guns when they are not being used. 6. HYDRAULIC RESERVOIR: A hydraulic tank with interior baffles shall have a forty (40) gallon hydraulic fluid capacity. The tank shall have two, clean outs with a minimum of 10 inch diameter for access to the entire interior of the tank. The hydraulic tank shall be mountdd to provide positive lead for the hydraulic tank. The reservoir shall have incorporated into it a vent, oil filler breather assembly, oil drain valve, and oil level sight glass, Bolt on hydraulic reservoir tanks will not be accepted. 7. HYDRAULIC SYSTEM: A PTO activated hydraulic pump will be provided ,to power the airless paint spray system. It will be sized to provide enough hydraulic pressure' & GPM to run paint equipment or optional air compressor @ 1000 RPM. A 10 micron return line spin on oil filter will be plumbed into the hydraulic system. One 1500 PSI maximum pressure reducing valve and gauge for each airless paint pump will be included for the regulation of the paint pressure. A cab mounted master switch with an indicator light will be wired in such a way that it must be turned "on" for any of the hydraulic systems to operate. Two rear mounted water proof on/off safety switch will be included allowing the operator to energize the hydraulic system and paint spray system from the operator work station. All hoses, Specifications subject to change without notice Rev: 1-7-2003 2 Piping, and fittings to be S.A.E. hydraulic rated. 8. BODY LIGHTS: Combination stop/turn tail lights, and side marker lights shall be provided. 9. PAINT: Cab and body color to be manufacturers standard white unless the customer specifies a different color. Body to be chipped, ground flush, and sanded prior to painting. Body to be painted the same color as cab. 10. STENCIL RACK - Constructed of 1" square steel tubing and 1/4" x 1" HRFB to accommodate eighteen (18) stencils stacked on edge to a height of 36". each stencil space will be 1-3/4" in width. Six (6) additional stencil spaces will be provided that will be open at the top. A stencil deck roller and stop will be incorporated. The rack shall be affixed to the deck by a minimum of four (4) rust proof bolts and nuts. 11. MWER: The rear bumper shall be constructed of 1/8" formed diamond plate steel and be an integral part of the body. The rear bumper shall be painted the color of the vehicle. 12. PAINT SPRAY SYSTZK: Two (2) airless paint spray systems shall be supplied. It shall be a Model TMT=-14-10300. It shall have 3.1 GPM capacity at 1700 PSI, and be constructed of 100% stainless steel wetted parts. Carbide ball seats and chrome check balls are unacceptable. 13. HOSE REEL AND GUN: Two (2) spring rewind hose reel with Teflon packings, 50 ft. each of high pressure 3000 PSI static grounded hose, hose ball stops, and three foot each of whip -end hose shall be provided. The hose reel and fluid hose are to be mounted in the hose reel compartment in the right rear of the stencil body. Two (2) airless spray gun with 12" gun extensions and a self cleaning spray nozzle with tip guard shall be attached to the Specifications subject to change without notice Rev: 1-7-2003 3 hose. 14. VORK LIGHTS: Two seal beam work lights will be mounted on the Legend Truck. One will illuminate the paint well area. The other will illuminate the rear work area. A toggle switch will be located in the cab to turn the lights on/off. 15 SAFETY SWITCH: A park/neutral safety switch shall be installed so that if the vehicle is placed in gear or the brake pedal is depressed, the throttle is automatically disengaged. 16. ARRMBOAM : One (1) 36" x 72", tri-function, 25 light arrowboard with a cab mounted remote control to be provided. Arrowboard must come with 90 degree electric lift. Arrowboard to be mounted Above headboard so as to be clearly visible. DOC ID: VERNON.116 Specifications subject to change without notice Rev: 1-7-2003 4 F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C INSURANCE SCHEDULE TMT shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I Coverage and Limits Bodily InjM Property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1.000,000 per employer II. General Liability General Liability $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Liability $1,000,000 $2000 000 $1,000,000 Umbrella Liability $2,000,000 $2 000 000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: l . An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty(30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be furnished in the form checked below. Certification of the following proofs by the insurance aizent or broker will not be accepted: ted: X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier and notarized. EXHIBIT C CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 February 6, 2003 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Communitv Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Finance Committee x City of Vernon Honorable Members: The Community Services and Water Department is requesting to purchase a TMT Stencil Truck to be utilized by the street section and to replace existing Unit No. 258, which has 85,253 miles, the hydraulic components of the paint system are obsolete, it is in poor operating condition, and that will be declared surplus. The department has determined that the TMT-Pathway vehicle meets the City's requirements in terms of design, features, ease of use, and overall quality and has budgeted $85,000.00 for this expense. TMT-Pathway is the manufacturer and sole distributor of this type of vehicle. This has been reviewed by staff and it is hereby recommended that a vehicle purchase contract be prepared and a purchase order be issued for the purchase of a TMT Stencil Truck from TMT-Pathway at an approximate cost of $82,514.40 including a 2-day training. Very truly yours, Bruce V. Malkenhorst Director of Finance BVM/gm To: BRUCE MALKENHORST, CITY ADMINISTRATOR From: DEBBY NICKENS, PURCHASING�� Date: 1 /9/2003 Re: COMMUNITY SERVICES REQUEST TO PURCHASE (1) TMT STENCIL TRUCK In a memorandum addressed to you dated December 10, 2002 (see attached), the Community Services Department requested to solicit bids for the purchase of (1) TMT Stencil Truck. This request was approved, and forwarded to Purchasing for implementation. The Purchasing Department contacted the vendor, to obtain information regarding authorized dealers who could be contacted to provide quotations for the purchase. I spoke with Mr. Kevin DeRuiter (Sr. Sales Representative — TMT Pathway) and was advised that the company sales direct. This vehicle consists of a 2003 Ford F-450 Cab and chassis. The stencil equipment is housed, on a trailer like component that is installed on the chassis. Purchasing questioned if we could independently provide the cab and chassis. The vendor stated that we could, but we would have to arrange for transport of the cab and chassis to Salem, OR. This would be a major inconvenience, and could pose a problem should the unit need servicing. We would have to deal with two vendors, as opposed to one. Therefore, it is the recommendation of the Purchasing Department to purchase the entire unit ''from _TMT-Pathway. The approximate cost for the vehicle is $82,514 40(cv(st includes sales tax and delivery). The warranty information for this —vehicle is attached. Funds for this purchase have been specifically budgeted, and are available. CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 May 5, 2003 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 TMT-Pathway, L.L.C. Attn: Chuck Wolf 2490 Ewald Avenue SE Salem, OR 97302 Re: Vehicle Purchase Contract Dear Mr. Wolf: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 The insurance requirement has been met. Transmitted herewith is a duplicate original copy of the above referenced contract approved by the Vernon City Council on February 19, 2003. If you have any questions regarding this matter, please call Mr. Samuel Kevin Wilson at (323) 583-8811 ext. 245. Ve truly yours, Nelly Giron Assistant to the Chief Deputy City Clerk NG/gm CC: Samuel Kevin Wilson Dolores Fonseca Resolution No. 8153 Agreement No. 03-022 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro—Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 March 4, 2003 TMT-Pathway, L.L.C. 2490 Ewald Avenue SE Salem, OR 97302 Attn: Chuck Wolf Re: Vehicle Purchase Contract Dear Mr. Wolf: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Communitv Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 In accordance with Section 12.D of said contract, you are to furnish the City with proof of Insurance as set forth in the Insurance Schedule, Exhibit "C" of the agreement. Please submit your proof of insurance to Joan Francone, Risk Manager, for review and approval. Upon receipt of said documentation this office will forward to you a fully executed duplicate original agreement. If you should have any questions, please contact Joan Francone at ext. 322. Very truly yours, Gloria Oro c Chief Deputy City Clerk GJO/gm cc: Joan Francone Samuel Kevin Wilson Dolores ,FQi eca Agreement File No. 03-022