Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Resolution No. 9519
2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 9519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN EQUIPMENT PURCHASE AND SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND-HAAKER EQUIPMENT COMPANY AND REPEALING RESOLUTION NO. 9487 REGARDING VACTOR TRUCK WHEREAS, on December 3, 2007, the City Council of the City of Vernon approved Resolution No. 9487 authorizing the issuance of a Request for Proposal for _a Vact_or Truck -2100-36 (the -"Truck") to clean and -maintain the sewer lines and/or storm drain catch basins, vacuuming any obstruction found and suctioning excess water when necessary for the Department of Community Services & Water; and WHEREAS, before the Request for Proposal was issued, the Purchasing Agent discovered that the only authorized local distributor in Southern California for the Truck was Haaker Equipment Company ("Haaker"); and WHEREAS, based upon the fact that Haaker is the sole vendor that can provide the Truck that meets the requirements of the Department of Community Services & Water, the City Council of the City of Vernon believes it to be in the best interests of the City to repeal Resolution No. 9487 and enter into a contract with Haaker; and WHEREAS, the City Council of the City 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 an agreement with Haaker. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 28 11 SECTION 1: The City Council of the City of Vernon hereby 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 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 Equipment Purchase and Services Agreement with Haaker, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, an__d on behalf of, -the -City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City hereby authorizes the City Administrator, or his designee, to make whatever non - substantive, administrative and/or text changes, upon advice of counsel, to the Agreement. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send a fully executed Agreement to: Haaker Equipment Company Attn.: Matt Muinch 2070 N. White Avenue La Verne, CA 91750 - 2 - 1 SECTION 6: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 19th day of February, 2008. 5 6 Name: Leonis C. Malburg 7 8 Title: Mayor -` g ATT�EST : 11 M#NUELA GIRON, Ci y Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9519, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, February 19, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) i UELA GrR0 , City Clerk - 4 EXHIBIT A EQUIPMENT PURCHASE AND SERVICES AGREEMENT This AGREEMENT ("Agreement") 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 19th day of February, 2008, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 AND. -- - - __-HAAKER-EQUIPMEN-T-COMPANY, hereinafter referred as "Contractor," 2070 N. White Avenue La Verne, CA 91750 RECITALS WHEREAS, the City desires to purchase a Vactor Model 2110-36 Jet Rodder Truck together with necessary parts, accessories, hardware, tools and training (hereinafter collectively referred to as the "Equipment") to be used by the Department of Community Services & Water to clean and maintain the sewer lines and/or storm drain catch basins, vacuuming any obstruction found and suctioning excess water when necessary; and WHEREAS, Contractor is the sole local distributor in Southern California for the Equipment; and WHEREAS, Contractor submitted a proposal dated December 10, 2007 for the purchase of the Equipment and training services (hereinafter collectively referred to as the "Proposal"), a copy of which is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the Proposal includes a description of the Equipment and services to be performed by Contractor and the attendant costs; and WHEREAS, the Contractor is the only vendor that can provide the necessary equipment and services meeting the specifications and requirements of the Department of Community Services & Water; and WHEREAS, Contractor has advised the City that it is qualified and capable of providing the Equipment and services described in Exhibit A, and is willing to Page 1 of 20 do so on the terms and conditions set forth below; and WHEREAS, the City desires to enter into an agreement with Contractor to provide for the purchase and delivery of Equipment, material and the labor to train on the Equipment on a contractual basis as defined in the terms and conditions set forth below. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. PURCHASE OF EQUIPMENT 1.01. Contractor agrees to sell, deliver, and test the Equipment, including all material, and the City agrees to purchase the Equipment and training services as identified in Exhibit A_ 1.02. Delivery. Contractor shall obtain and sell, deliver and test the Equipment at the City of Vernon, F.O.B. Job Site. Contractor is responsible for all costs of full freight, including insurance, to Job Site. Risk of loss shall pass to the City upon delivery F.O.B. Job Site. SECTION 2. TERM OF CONTRACT 2.01. This Agreement will become effective upon issuance of a Purchase Order, and will continue in effect until such time as the City approves the scope of work completed pursuant to the Proposal or until terminated as provided in this Agreement. SECTION 3. DEFINITION OF TERMS 3.01. Whenever used in the Agreement, the following terms shall mean: A. "Agreement" shall mean that formally executed Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Haaker Equipment Company and where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. Page 2 of 20 D. "Contract Documents" shall include any inquiry, invitation to bid, request for proposal or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Section 5.01 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the Work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "Equipment" shall mean the equipment identified in Exhibit A. G. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. H. "Owner" shall mean City of Vernon, California, and where applicable, their affiliated companies, directors, officers, employees, agents, and representatives. I. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. J. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the Work, except information falling into any of the following categories: 1. Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's or any entity within Contractor's control breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractor's possession without Limitation regarding disclosure to Page 3 of 20 others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. K. "Subcontractor" shall mean any first or lower -tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. L. ------"Work" or "Services"- shal I -mean -the -work performed -by Contractor and - required to be performed from time to time by City under this Agreement. SECTION 4. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 4.01. Contractor's Services shall include, but will not be limited to, testing the Equipment and training on the Equipment. The Contractor's Services are more specifically detailed in the Proposal attached hereto as Exhibit "A" and incorporated herein by this reference. Change of Services 4.02. City may at any time, by written change order executed by the City, make changes in the scope of Work, to extend the Work duration and/or total compensation of Contractor's Work. 4.03. City may make "Changes" by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit B attached hereto and incorporated by reference. Timing of Services 4.04. Contractor's Services shall commence upon the execution of this Agreement by both parties and award by the City Council and shall end when Contractor has completed the work according to the Proposal, unless this Agreement is otherwise terminated according to Section 7 of this Agreement or extended according to the conditions and terms set forth in this Agreement. Delivery is expected to be completed no later than two hundred forty (240) days from the Page 4 of 20 issuance of City's Purchase Order. Completion of the services to be performed by Contractor is expected to be no later than sixty (60) days after delivery. 4.05. Time is of the essence for all Work contemplated by this Agreement. Contractor shall start performing Services under this Agreement only after notification by the City. Method of Performing Services 4.06. Contractor will determine and is responsible for the method, details, and means of performing the above -described Services. Status of Contractor 4.07. Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee; partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are accomplished, it being understood that City is interested only in the results to be obtained by Contractor. 4.08. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 4.09. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 4.10. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. Page 5 of 20 4.11. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 5. COMPENSATION 5.01. In consideration for the Equipment and Services to be performed by Contractor, described in this Agreement, City agrees to pay Contractor a sum not to exceed Thee Hundred Forty -Nine Thousand Three Hundred Ninety -Three Dollars and Eleven Cents ($349,393.11), which includes training costs, plus applicable sales tax and delivery charges (the "Contract Price"). The actual amount will be based on the amount required to furnish the Equipment and performtheservices; billed in accordance -with- Contractor-'s-P-roposal-attached-as-Exhibit A. -- -- --- - -- - Entire Compensation 5.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Equipment and Services and any and all of Contractor's obligations hereunder, regardless of difficulty, unforeseen circumstances, hours worked or equipment, materials or personnel required. The Contract Price includes without limitation, customs duties, fees, overhead, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason except as expressly set forth in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract Price shall only be adjusted by formal, written Change Order or amendment to this Agreement. -Payment of Compensation 5.03. For Equipment and Services rendered under this Agreement, City agrees to pay Contractor the sum set forth in Paragraph 5.01 of this Agreement upon completion of the Services. Contractor shall submit to City an invoice and statement of Services, prepared in accordance with City requirements, upon completion of the Work. City shall make payment to Contractor within thirty (30) days of acceptance and approval of an invoice prepared in accordance with City requirements. 5.04. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Page 6 of 20 Expenses 5.05. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City. Compensation for Changes 5.06. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established in a written change order signed by City as described in Sections 4.02 and 4.03 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City; (a) a Jump sum price to be negotiated -___betwe_en_the _parties; -_or_(b)-Work-unit rates -to -be -negotiated -between -the -parties: Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 6. OBLIGATIONS OF THE PARTIES 6.01. Contractor is responsible for meeting all conditions of this Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. Products of Consulting 6.02. All products of consulting services including, but not limited to, manuals, documents and/or computer software, shall become the property of the City and shall be delivered to the City before the end of the performance of this Agreement. Basic notes and sketches, charts, computations and other data shall be made available to City without restriction or limitation on their use. Liability Insurance 6.03. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. 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 the City. 6.04. The insurance coverage as listed herein, shall be properly endorsed to include Page 7 of 20 those contractual obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 6.05. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 6.06 Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and are endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shallmaintainin effect the following minimum insurance cov---rages on -an Occurrence-Form-P-olicv:— --- - ---- - -- A. Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over Contractor's employees. Workers Compensation and Employers Liability Insurance shall have a minimum limit of $1,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. B. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2,000,000 per occurrence. C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non -owned or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. D. Umbrella or Excess Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess liability policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. 6.07. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence Page 8 of 20 performance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 6.08. Contractor 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 Contractor employs subcontractors as part of the Services rendered, Contractor's protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 6.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 6.10. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is to be done. Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 6.11. Contractor represents that it has the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Page 9 of 20 Contractor has complete and sole discretion for the manner in which the Work under this Agreement will be performed. 6.12. Contractor declares and states that it has complied with and will continue to comply with all federal, state, local air pollution control laws and regulations applicable to the Contractor pursuant to Section 2022.1 of Title 13 of California Code of Regulations and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 6.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representation or_provision contained in this Agreement -or any negligent -or__ intentional acts or omissions by Contractor, it subcontractors, agents, and employees or based on any claim that any software program or other product used or furnished by Contractor in the performance of this Agreement constitutes an infringement of any United States patent or copyright. 6.14. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. 6.15. At all times while Work is being performed on the Premises each party shall be represented thereon by a designated representative. Each party may notify the other in writing of the identity of such persons from time to time. Work Injury 6.16. The treatment and care of injuries sustained by Contractor's employees, subcontractors, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability oncosts, including attorney's fees, arising in whole or part out of the furnishing of such first aid facilities or assistance to Contractor's employees, subcontractors, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Page 10 of 20 Records, Inspection and Audit 6.17. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing documents, and all the other unit - inventory records for the Contractor's stores, stock or capital items; (c) paid invoices_ and canceled checks for material- purchased __and_for__the _subcontractor's__ and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 6.18. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 6.19. Contractor agrees that all Services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that Services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 6.20. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City' If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor Page 11 of 20 would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 6.21. Forte") yeamafter the effective date of this Agreement,_Contractor_shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 6.22. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may copy, in whole or part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. 6.23. Except as expressly permitted by prior written consent of the City, Contractor and/or its subcontractors shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity. Contractor and/or its subcontractors shall return any written Confidential Information and all copies made of such items to the City upon the City's written request, but in any event not later than the date that Contractor has performed all Work to be performed pursuant to this Agreement. Contractor hereby agrees that such Confidential Information and any documents provided may be used by Contractor and/or its subcontractors only as authorized by the City. Contractor shall include a provision in its agreements with subcontractors that binds the subcontractors to this non -disclosure requirement. 6.24. All reports, plans, data, studies, maps, drawings, models, photographs, Page 12 of 20 documents and other writings prepared by and for Contractor, its officers, employees, agents and subcontractors in the course of implementing this Agreement, with the exception of working notes, internal documents and Confidential Information provided by businesses located in City, shall be considered the property of City. Contractor shall deliver such documents and materials to the City as they are generated; however, Contractor may take and retain copies of said documents and materials that are not Confidential Information, as desired. 6.25. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public and Contractor agrees that such documents shall not be available to any individual or organization without the written consent of the City prior to such release. 6.26. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Contractor. Compliance with Authority 6.27. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. 6.28. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 6.29. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 6.27 and 6.28 of the Agreement. Progress Reports 6.30. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. Page 13 of 20 Contractor's License Classification 6.31. Contractor shall possess all appropriate licenses for the duration of this Agreement. Warranties 6.32. Contractor shall assign to the City at the time the Equipment is delivered all manufacturers' warranties and Contractor shall assemble and deliver to the City complete copies of all warranties, guaranties, and operating and maintenance data and all other documentation from all manufacturers pursuant to this Agreement. 6.33. Contractor_ warrants that title to -Equipment will -pass to the City either by incorporation in the construction or upon the receipt of payment by Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, and that no seller of any Equipment or any portion thereof will retain an interest therein or an encumbrance thereon. 6.34. Contractor warrants that all Equipment will be new and free from defects in materials and workmanship, comply with the specifications provided by the manufacturers, be of good quality and merchantability, and fit for their intended purposes, and conform to all applicable governmental regulations, statutes, and ordinances. Any Equipment not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. In the event that the test results obtained by either Contractor or the City reveals that any portion of the Equipment does not meet the City's specifications or the City identifies any defects in or damage to the Equipment, Contractor shall promptly repair or replace any defective Equipment; provided, however, that if, in the City's reasonable discretion, the quantity or quality of the defects are substantial, the City shall have the option of rejecting the entire shipment of Equipment from Contractor, and obtaining another vendor to provide the Equipment. Contractor shall be responsible for all direct and indirect costs that may be incurred by the City in connection with the rejection and/or replacement of damaged or defective Equipment, including any and all damages caused to the City's existing equipment, storage and/or system by the use of defective Equipment provided by Contractor. 6.35. Contractor shall obtain for the benefit of the City, and assign to the City, commercially reasonable manufacturers' warranties, specifically, Contractor warrants the following: Equipment warranty of twelve (12) months or 2,000 operating hours, whichever occurs first, an additional nine (9) year warranty against corrosion or rust through for a total of ten (10) years on water tanks, an additional four (4) year warranty against corrosion or rust through for a total of Page 14 of 20 6.36 five (5) years on debris tank, and an additional four (4) year warranty on centrifugal compressor and housing for a total of five (5) years. All manufacturers' warranties, any warranties typically provided by Contractor and any other warranties made applicable by law shall apply to the City's purchase of the Equipment. Warranties shall commence from the date the City receives the Equipment under this Agreement or the City's acceptance of the Equipment being purchased hereunder, whichever occurs first. Contractor shall assist the City in the enforcement of all such warranties. Contractor, at its cost, shall promptly repair or replace or cause the manufacturer to repair or replace (provided, however, that the City shall cooperate in working with the manufacturers if the warranties have been assigned to the City) Equipment rejected by the City as defective or as failing to conform to this __Agreement if reported to Contractor _within- the _Warranty _Period— TheWar_r_anty_ Period shall commence from the date Equipment is delivered hereunder or from the date of the City's acceptance of the Equipment being purchased hereunder, whichever occurs first; or (b) such longer period of time as may be prescribed by law or by the terms of the applicable manufacturers' warranty. The City shall give such notice promptly after discovery of a defective condition. A new Warranty Period shall commence for replaced Equipment on the date the replacement was made. Contractor's obligations hereunder shall include the obligation to repair any damage to other property caused by the defective Equipment or the repair thereof. Contractor shall indemnify the City from and hold the City harmless against any and all claims, liabilities, liens, damages, losses, costs, and expenses, including reasonable attorneys' fees and all costs of defense, arising out of or relating (a) to any such Equipment found to be defective or not in accordance with this Agreement, or (b) the correction of any such Equipment. The foregoing representations, warranties, covenants, and agreements shall survive any termination of this Agreement and final completion of the delivery of the Equipment and are in addition to, and not in lieu of, any and all other liability imposed upon Contractor by law with respect to Contractor's duties, obligations and performance hereunder. SECTION 7. TERMINATION OF AGREEMENT 7.01 Unless otherwise terminated as provided in this Section, this Agreement will continue in effect until such time as the City receives a final comprehensive report summarizing the Services, analysis of tests and results, unless otherwise extended according to the terms and conditions set forth in this Agreement. Page 15 of 20 Non -Default Termination 7.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written notice to Contractor and such termination shall be effective in the manner specified in such notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 7.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly_ attributable to termination_which could _ not- reasonably _have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 7.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C.. Assignment of this Agreement by Contractor without City's written consent. Termination for Default 7.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may immediately terminate this Agreement by giving written notification to Contractor indicating the effective date of such termination. Termination will take effect immediately upon the date specified in the notification. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to perform, in a manner satisfactory to the City in its sole discretion, the Services specified in Section 3 of this Agreement; or Page 16 of 20 B. Contractor's material breach of any obligation or provision contained in Section 5 of this Agreement. 7.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 7.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted__portion of the Work _or__any _oth_er_ damages -because -of__ such-_ termination or reduction. SECTION 8. GENERAL PROVISIONS' Notices 8.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3rd) day after mailing, whichever occurs first. Contractor: Haaker Equipment Company Attn: Matt Muinch 2070 N. White Avenue La Verne, CA 91750 Fax: 909-598-1427 Telephone: 909-598-2706 City - City of Vernon Attn: City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 Fax: 323-826-1438 Telephone: 323-583-8811 ext 260 Entire Agreement of the Parties 8.02. This Agreement supercedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no Page 17 of 20 representations, inducements, promises, or agreements, orally or otherwise, have been -made by -any-party, -ter anyone acting -on behalf of any -party which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 8.03. This Agreement shall be comprised of these included provisions, together with Exhibits_A_and_B,_ which- are -all-attached.- In -the -event- of conflict betweenthis--- -- - -- --- Agreement and any of the exhibits, including the Proposal, this Agreement shall prevail. Partial Invalidity 8.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 8.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). Such arbitration shall be initiated by the parties, or either of them; within ten (10) calendar days after either party sends notice of a demand to Page 18 of 20 arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the_r_ights_and _obligations -of _the parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. The agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 8.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 8.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of Page 19 of 20 due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 8.08. Except as may otherwise be specifically provided herein, this Agreement may be modified or amended only by a written document executed by both Contractor and the City and approved as to form by the City Attorney. 8.09. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. 8.10. City reserves the right to award similar contracts to multiple contractors to ensure the City has adequate services. IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. City: City of Vernon Name: Title: Date: ATTEST: Manuela Giron, City Clerk APPROVED AS TO FORM: Jeff A. Harrison, City Attorney Contractor: Haaker Equipment Company Name: Title: Date: Name: Title: Date: Page 20 of 20 EXHIBIT B Form Change Order CHANGE Contract Number: Change Number: The requirements of the above -designated Agreement are changed as follows: City and Contractor agree that Contractor's compensation shall be adjusted as follows: City and Contractor agree that Contractor's schedule shall be adjusted as follows: This adjustment covers the entire compensation for the Change set forth above and includes, but is not limited to compensation for all engineering, material, equipment, subcontracts, labor, overhead, profit, changes in scheduling and delays resulting, directly or indirectly, from the Change, as further detailed in the Agreement. Contractor: City: Haaker Equipment Company City of Vernon By By Date Date IM INSTRUCTIONS TO CONTRACTOR Contract Number: Instruction to Contractor: Date: Specific Instructions to Contractor: In accordance with the Terms and Conditions of the Agreement, the City classifies these instructions as: Supplementary instructions, not involving a Change (Should these instructions be, in the opinion of Contractor, a "Change", written notice thereof must be given to City within 10 days of the receipt of these instructions. If such written notice is given, Contractor shall not commence with the work so ordered until written agreement is reached on the classification of these instructions and on the resulting adjustment in contract compensation, if any.) In the event that City and Contractor fail to agree on the classification of these instructions or resulting adjustment in contract compensation, if any, refer to the Changes Section of the Agreement. A Change (Contractor shall, within 10 days of the receipt of these instructions, furnish City a statement of its proposal for adjustment in contract compensation occasioned hereby. Contractor shall not commence with the work so ordered until written agreement is reached on the resulting adjustment in contract compensation, if any.) In the event that City and Contractor fail to agree on the classification of these instructions or resulting adjustments in contract compensation, if any, refer to the Changes Sections of the Agreement. City Representative Please acknowledge receipt of this instruction by returning one copy signed in the space provided below. Contractor's signature hereon does not indicate his acceptance of the classification assigned hereto by City. Contractor's Representative a Date Date EXHIBIT A HAAKER EQUIPMENT COMPANY SINCE 1972 A CALIFORNIA CORPORATION 200 N. WHITE AVENUE LA VERNE, CALIFORNIA 91750 (909) 598-2706 0 FAX (909) 598-1427 PARTS <DEPT. FAX (909) 594-0498 www.haaker.com TO: CITY OF VERNON 4305 Santa Fe Avenue Vernon CA 90058 PROPOSAL December 10, 2007 M1 ATTN: Ms. Debby Nickens Purchasing (323) 583-8811 ext. 203 Fax: (323) 826-1433 For City of Vernon's Request for Proposal dated November, 2007: 'One (1) NEW VACTOR MODEL 2110-36 JET RODDER Unit meets speci� cations as require by City of ern' " equest for Proposal of I*Iovember 7, 2007. Mounted on a Intenational 7500 6x4 Chassis, 350 HP Maxforce with 07 Emission Package, Allison 3000 RDS Automatic Transmission; Air Conditioning. Unit to Include the Following Standard and Optional Equipment: Standard Equipment Positive 1.)isplacenidit Blower ✓ Double Acting Hydraulic Dump Hoist Single Engine✓ (2) Nozzles With Tungsten Carbide Inserts 10 Cu `5 and Capacity Catch Basin Cleaner And ✓ Pipe Package Sewer Cleaner (1) 8"X3' AluminumPipeExtension 1500 Gallon Aluminum Water "1'ank Capacity (2) 8" X 5' Aluminum Pipe Extension 4500 C.-1 N14 Positive Displacement Blower (1) 3" X 6'6" Catch Basin Tube ✓ Gear Type l ransfea Case For Blower (4) 8" Overce.nter Quick Clamps With Gaskets ✓ Variable Pressurc Water Purnp, lDyciraulica,lly ✓ Sealed Electrical System Di= iven Double Acting, Singic Piston, 80 Gprn't ✓ Flexible Hose Guide V/ tlt l' l tx/titer System ✓ Aluminum, Lockable Tool B.ox :16xI4x3.6 Nyof f#tific:, lt> 1 root Mounted ✓ Water Pump Overspeed Controls / 1 tei t€t�t)r s }ver Hydraulic FoLjr Way Powet ✓ Mud Flaps l3etr� ✓ 5# Fire Extinguisher ✓ F6A4g6 Counter' ✓ Vacuum Relief ✓ Circuit Breakers ✓ 3" Y-Strainer at Water Pump *� Cylindrical Extend Steel 1:)ebris E3o;Td Options ✓ 1500 Gallon Water TanCapacity ✓ Trash Pump Plumbed to Front Bumper ✓ Flat Rear Door with Hydraulic Locks ✓ 6" Decent System with Air Operated Knife Valve ✓ Debris Body Flushout System ✓ Fold Down Pipe rack, Curb and Street Side ✓ Debris Body Load Limit Alarm Wired to Vacuum ✓ Splash Shield Relief ✓ Lube Manifold 6" Butterfly Valve with Screen, Rear,Door ✓ Low Water Alarm w/Warning Light ✓ 6" Knife Valve/Rear Door with Camloc Cap ✓ 3" Y Strainer in lieu of Std at Water Tank Fill ✓ Submersible Trash Pump, External Mounted ✓ Side Skirts on Rear of Unit AypX iv1MA - �r 1 7r Y/! , ✓ Hot Shift Blower Drive Includes Transfer Case, ✓ Worklights @ Operator Station ' Air Shift Control, Vacuum Relief, And Front ✓ Worklight @ Manhole Control for Blower Engagement. ✓ LED Lights, Clearance, Back Up, Stop, Turn, ✓ 8' Hydraulic Telescopic Boom Tail ✓ Joystick Control for Boom Function ✓ Mid -Body Turn Signal ✓ Cordless Remote Boom Control ✓ AM/FM/CD Player ✓ Post Type Boom Storage ✓ Whelen Light Package ✓ Accumulator System for Water Pump ---(2) HA238C Hide Away Strobes ✓ Front and Rear Handgun Couplers ---(2) 4E Grilp Grille Master HSG w/402000AU Multi Flow System. with Nozzle Storage Rack Linear Strobes ✓ Water Relief Valve =--(1) CPS660 Power Supply ✓ . Hydro Excavation Kit/Lateral Reel with 50' x ---(1) PM142000 55" Light Bar with 9 Aly Lights 3/8" Hose, Handgun & Plumbing ---(1) PCC6R Controller 800' Piranha Hose ---(1) TA870A Traffic Advisor ✓ Automatic Hose Level Wind Guide ---(2) TATPR20 20' Extension Cable ✓ Accu-Count/Digital Hose Counter ✓ 36xl8x18 Aluminum Tool Box (2) ✓ Handgun Hose Reel ✓ Imron Paint -_ __ ✓ Aero style Tele/Rotating Hose Reel, Large 800' ✓ Rear Door Painted Stripes Capacity ✓ - (4)-Tool -Tubes -on Headache Bar — - - Hydraulic Shut off Valves at Suction, Return and ✓ Front. and Rear Tow Hooks ✓: Filterline .Rodder Pump Drain Valves ✓ ✓ Additional 3" Water Screen Quad Back UpCamera System ✓ Additional Vactor Manual ✓ Handlight with Bumper Plug ✓ Worklights on Boom UnitPrice ................:..................:......... .... ..................................... $ 322,765.00 Sales Tax(8.25%) ................... ............................................................ $ 26,628.11 PRICE IS F.O.B. VERNON A• .............. THE. PROPERTY HEREIN IS GUARANTEED. BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTEND$ BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT. NOTE: Price is good for 60 Days Cost increases due to the addition of Government mandated `safety or environmental devices incurred after the date of this documented. . proposal, will be charged to you at our cost. Proof of such costs, if any, will be TAXES: SALES TAX applicable at time of delivery will be shown on. our invoice. FEDERAL EXCISE TAXES, `if applicable, will require payment unless a properly executed Exemption Certificate is submitted. DELIVERY: 210-240 Days TERMS: Net 10 Or Approved Lease We appreciate the opportunity to present this proposal and look forward to being of further and continued service. HAAKER EQUIPMENT. COMPANY ACCEPTED BY: DATE: Matt Muinch Sales Representative Vabtor Miq:, 'Inc. (the "Selleel warrants xo' i :Mont•fdr'use, now Equipment hQ i h3 utor; un�t.2cti tM; :fIF °I xr�oj�jt ;•t ' t!NiF? q pment tobe frge fra, r. efKA:in•rhbWWlf tanOwo f� jar ar 2p00 operating hours, whichever accurs' iw?if 1011"In •dahIf fi-Cl it A 1ii'i!:'Tcraf �1e`:Iaer;'> Repair or replanement by Seller shall n.0; ext�rd•the warranty p iqqr y } be, assigned by Purchaser. my '1'hii';'"fr Any parts of Seller's manufacture that•are r�#ufried Via prttpjd tratjsift�s9�arx'`ntt'arku�pl :: to be defective vMl be.repaired or reploced, at'Skilar•s aption, 5ellar'ta;liiiblli7y.isllt�a{tnt:Rri�"�:ratuftr�n0n.dibh1jij�irs�!i• �i!�t as pripaid. It is expressly th�tkl'la reasonable length of tune. Seller will nct•ba Nblb•.fpr r3i>y arYlppes,.I► B 'Isrra?fi� 'n, s i iiig in connection with the use ofor Inability to usp•Equipment: !: This warranty- covert-only-malfunctions-issultirip frarrl "t'•et;ir in 'tC+r{rji: r'v�i�i krn [r8�+ht • t►f ,, p' ...? Equipment, ztnd parts and compan4ints.therecif- Rranufacturad-;by Ssli�m�..gr��,�y»j�ii►�tnnta•+�r#•`:. Equipment not of Sellar's manufacture includihsi,•but•not.limlted td,':poUv10l,<Plo� '7Vcira�tl`i�s;. . trucks and transmissions, Used y Sol* e0'par�t'gf. the Egiaipitiont, rr +rip ;> ttrr,blsta l ��y � lar (Saller hereby assigns to Purchaser any warranty eXtenObd• by': the+••,d6niajt04,ar•, k#itl('a6h; !t is the Purchaser's reap unalbility to use the Equipment for the purposp,:aryl it r tlir�,� rrd In the pperatian Mshual, and to assume any,llability-for rtarrt;3`gp or,11*ry'rasultjingfr,'ci�j•niii and abuse, including -the removal or alteration Omafety guards sand devinos•:il stislli r{ ran°tha grtip-: ' merit at time of delivery to Purchaser, In addition to our standard warranty, Vactnr Mfg;, Irir:. warranty, tlie Nuertgr iartlr'o�rh4R's;rie: Vactors for ran additional 9 years against'corrosion or rust -rhrquph, rt'►akinfj a,.11� ri pf 9g••yr itr.a•: warranty on water tanks. The DQbris Tank is warranted for an additional 4'years• agrrinktr copra*ion, izm' r{,„rt•'thrr ugh "I&' .6 tourI of 5 years warranty. The Centrifugal Compressor and Mousing:9r3: warranted For an farieJrtiprtal •ri• ye�t3s• fCrr ;t •tots o?: 5 years warranty against rust through and c6mpreasor rnalturiy.tian: Used Equipment is sold "'AS IS". Seller rnakei NO WARRANTY 'Co1)rmrrtillM ita r�ltie{ hand a�lixY, condition, durability, fags or model year, or 1`013686for -any purpose W"3tr;0avgtt;< IT IS AGREED THAT THIS WARRANTY, SE7'y J:0' R' 'I RURCHASER',' ; i .Cw�du�..�SiOf�;�' REMEDY AGAINST SELLER WITH RESPECT TO -'THE EC1uIPME:T�IT.1T.l$ Jtj;I"l0q �qIF �k4 dT�1ER . EXPRESS WARRANTIES AND ALL IMPLIED. WARRANTIES INCLLI�IN'G'.I�'0.0j0l�:tlti(A(aij�,pN. TIES OF MERCHANTABILITY AND FITIVESS_9F.LLER•AaSIJNI S'N 1 f7'1 f1 FI:l I,K�E ( f� UJAIAN- ' LIABILITY !"OR LASS OF USE, PROFIT, QA: CLyNSE0UENI'IAL'0AMAGVS::QF;A ' tr (N{ •O} ':'..• NATURE, FROM WHATSOEVER CAL15E Op 'TH►NG ARI51Nti, INCLUOINCT',B IT �1O'�' Ml-.tCD TO, CLAIMS OF LIABILITY BASED UPON TORT, NEGLIGENCE, STRICT LIABILITY, OR BREACH M WARRANTY IN LE, ALTERATION, T WITH ii•IE . MANUFACTURE, SALE, ALTERATICiN, USE; r .JAK REPAIR OR RiPLACEMENT OF EQUIPMENT, ' OR ANY PART TWEREOI�. t��T:ittt:i .�lr"C f'#'fjk .% irtryr(..; vertrrroe i•an e1 W TOTAL P.02 12/18/07 TUB 09:41 LTX%RX No-98881 IM002 i fti .� V' i IL f� i COMMUNITY SERVICES & WATER )DEPARTMENT Samuel Kevin Wilson, Director of Community Services &Water 4305 Santa Pe AvenuO, Vernon, .California 90058 Telephone (323) 583-881.1 Fax (323) 826-1435 November 2007 REQUEST FOR PROPOSAL CITY OF VERNON TECHNICAL SPECIFICATIONS FOR A VACTOR 2100 i i IN_TEiyT ' or Proposal (RFP) is to seek bids for the purchase of a Vactor It is the intent of this Request f Truck (Unit) suitable for the service demands of the City of Vernon Department of Community Servaees and Water. The Unit must be able to clean mainline sewers and/or storm drain catch basins in addition to removing thick sludge, bricks, broken pipe, rocks, leaves, etc. up to 22 feet below ground level. All installations shall be made in a neat and worlanart_lilte manner and all I equipment furnished shall be of a standard manufacture. All work and material furnished shall be subject to the apprbyal of the Director of Community Services and Water. The body, finish and fittings shall be the latest model, .shall not have been used in demonstrator or other service.and shall be factory standard in all respects not in conflict with the following I specific requirements. Manufacturer's standard equipment and all devices. necessary to comply with the Staof Motor Vehicle te California 'Vehicle Codo, the California Administrative Code and the Federal M Safety Standards shall be included. Vehicle must comply with all California Motor Vehicle Pollution Control Board Requirements. All vehicle(s) will be serviced, cleaned and ready for immediate operation when delivered. The Unit shall be capable of variable water pressure while maintaining full vacuum and air flow. Excfusivefy Indusiriaf Due to high ambient temperatures and to assure long life, the Unit must be designed to operate at maximum performance levels with a minimum of 20% reserve horsepower. SERVICES CONTRACT A sample of the G`ity's Standard Agreement and insurance Requirements the successful Proposer will be required to enter into with the City is attached hereto as Appendix "A Proposers are strongly advised to review all the terms and conditions of the sample contract. If the Proposer takes exception to any provision of the attached sample contract, the proposer must specify each exception and give a detailed statement of why he takes exception to each certain provision stated in the sample contract. The extent to which the Proposer takes exception to the City's --contract will -be -considered -and evaluated in the -contract -award.. Submissionofthe-propeding firm's standard oontract, as apart of the proposal will not be accepted. EQUXVALENT PRODUCT Bids will be accepted for consideration on any make or model that is equal or superior to the truck specified. Decisions of equivalency will be at the sole interpretation of the City. A blanket statement that equipment proposed will meet all requirements will not be sufficient to establish equivalence. Original manufacturer's brochures of the proposed unit are to be submitted with the proposal. ,All modifications made to the standard production unit described in the manufacturer's brochures must be certified by the manufacturer and submitted with the bid, or the bid will be deemed `non -responsive" and rejected without further review, The Proposer must be prepared to demonstrate a unit similar to the one proposed, if requested. INTERPRETATIONS In order to be fair to all Proposers, no oral interpretations will be given to any Proposer as to the meaning of the specification documents or any part thereof. Every request for such a eonsideratioa shall be made in writing to the City of Vernon. Based upon such inquiry, the City inay choose to issue an Addendum. GENER I, The specification herein states the minimum requirements of the City. All bids must be regular in every respect. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City of Vernon will consider as "nregular" or `non -responsive" any bid not prepared and submitted in accordance with the bid document and specification, or any bid lacking sufficient technical literature to eatable the Department to make a reasonable dete=inadon of compliance to the, specification. It shall be the Proposers responsibility to carefully examine each item of the specification, Failure to offer a completed bid or failure to respond to each section of the technical specification will cause the proposal to be rejected without review as "non -responsive". All variances, exceptions and/or deviations shall be fully described in the appropriate section. Deceit in responding to the specification will be cause for rejectiom BID SPECII+�CA,TIONS CRASSIS International 7500 SBA 6x4 AS SPECIFIED MISSION: Requested GVWR: 60000. DIMENSION: Wheelbase: 236", cab to axle: 168.9", axle to frame: 98". ENGINE, DIESEL: (International Maxxkbrce 10) 50 Statc, 350 HP @ 2200 RPM, 350 lb-ft torque @ 1150-lb-ft torque, governed speed, #2 bell housing, 2007 emission package. TRANSMISSION, AUTOMATIC: (ALLISON 3000 RDS—P) 4"' generation controls, close ratio, 6-speed with double overdrive, on/off hwy, hieludes oil level AS SPECIFIED sensor, with PTO provision, less retarder, with 80,000-1b. GVW & GCW max. AXLE, FRONT NON DRIVING: (Mentor MFS-20- 133A) wide track, I-beam type, 20,000-lb capacity. AXLE, REAR, TANDEM: {Mentor RT-40-145P) Single reduction 40,000-lb capacity with lube oil pump and 200 wheel ends gear ratio: 5.29 CAB: Conventional. TYRE, FRONT: (2).425/65R22.5 XZ'Y-3 Michelin 465 rev/mile, load range, L, 20 ply. AS -SPECIFIED TIRE, REAR (8)11R22.5 RRd50 (Double Coin) 496 rev/ mile, load range, G, 14 ply. SUSPENSION, REAR, TANDEM-. (Hendrickson RT403) Walking beano type .52" axle spacing; 40, 000-1b capacity, with robber center bushings. 9 E FRAME REINFORCEMENT: Outer "C" channel, heat treated alloy steel (120,000 PSI Yield); 10.813" x 3.892 " x 0.312'; Q74.6= x 98.9mm x 8.0mm); 480.0" (12192mm) maximum over all lengths. - PAINT; Cab schematic 100GN winter white Base -chassis model t00 SB,A. 6x4 with 236.0 wheelbase, 168.9" CA and 96.0" axle to frame. AS SPECIFIED FRAME RAILS: Heat treated alloy steel (120,000 PSI Yield); 10_.125" x _3.5801, x_0.3'12"_(257.2mm x 90.9mm x - - - - 8.0mm); 480.0" (12192) maximum over all lengths. FRAME REINFORCEMENT: Outer "C" channel, heat treated alloy steel (120,000 PSI yield); 10.813" x 3.892" x 0,31211; (274.6mm x 98.9mm x 8.0rnm); 480.0" (12192mm) maximum over all lengths. BUMPER: Front steel, swept back. N CROSSMEMBEF., SUSPENSION: (1) 7-piece steel replacing (1) double dogbone, forward. WHEELBASE: Range 221" (560cm) Through and including 262" (665crim). AXLE, FRONT NON -DRIVING: (Mentor MFS-20- 133A) Wide track, I-beam type, 20,000-lb capacity, SUSPENSION, FRONT, SPICING: Pmabolic, taper leaf, 20,00041; capacity with shock absorbers. BI2A IM SYSTEM: Air; dual system for straight truck Applications. BRAVES, FRONT, AIR CAM: 16.5" X 6" Including 24 square inches long stroke chambers. AS DRAIN VALVE, AUTOMATIC:SPECIp� (Bendix DV-2) with heater for air tank, AIR BRAKES-., ABS (Beadix Antilock Brake Sysiem) full vehicle wheel control system (4-channel). AIR DRYER: (Bendix AD-9) with heater. SLACK ADJUSTERS: Front automatic. SLACI{ ADJUSTERS: Rear automatic. AS SPECIFIED BRAKE, REAM, MR CAM: 16.5" x 7.0".. Includes MGM TR 3030 long stroke brake chamber and heavy duty spring actuated parking brake. AIR COMPRESSOR: (Bendix T u-lalo 550) 13.2 CFM. STEERING COLUMN- -Tilting & telescoping STEERING GEAR (2): (Sheppard M-100/M-801 Dual power. EXRA,UST SYSTEM: Single, vertical, after treatment device frame mounted right side, includes vertical tail pipe and guard. MUFFLER/TAIL PIPE: (1) Bright stainless steel 82 "�P IFIED exhaust height 11'6". SWITCH FOR EXHAUST: 2 Position, lighted and latching oiI/offtype, mounted in lP, inhabits diesel particulate, filter regeneration as long as switch is in on position. ELECTRICAL SYSTEM: 12-Volt, standard equipment. ture); headlights (2) sealed beam halogen, 5" X 7" alternator (Leece-Neville *8Li:1P2172VAH brush type, 12 volt 110 amp. capacity.pad mounted. BATTERY SYSTEM: Maintenance free (2)12-volt 1850CCA total. HORN: Air black single trumpet, air solenoid operated, mounted behind bumper on right rail. INDICATOR, LOW COOLANT LEVEL: With audible alarm. STARTING MOTOR: (Leece-Neville MI30D) 12 volt; less thermal over-crankprotectiom A—S SPECIFIED CIRCUIT BREAKERS: Manual reset SAE type III with trip indicators. Replaces all fuels except for 5-amp fuses,. INSULATION: Under hood for sound abatement. GRILLE: Stationary chrome. INSULATION: Splash panels for sound abatement. FRONT END: 'Silting, fiberglass with 3-piece construction for 2007 emissions. %S I.FT --- ,. __.... — PAINT SC-PlEM.A*flC:- PT-1-single-color design 100. - - - - PAINT TYPE: Rase coat/clear coat 1-2 tone. RADIATOR HOSES: Silicone, molded. ENGINE, DIESEL: (International Maxx Force 10) 50 State, 350 hp, 1150-lb-ft torque @ 1200 rpm 22000 rpm goverened speed, #2 bell housing. R �� }' FAN DRIVE: (Horton drivemaster) "two speed" direct `# " drive with residual torque device for disengaged fan speed. RADIATOR cross flow, series system; 1228 square inches aluminum radiator core and 1167 square inches charge air cooler. AIR CLEANER: Dual element_ THROTTLE, HAND CONTROL: Engine speed control, electronic stationery, variable speed, mounted on steering wheel. FEDERAL EMISSIONS 2008: For Intmmational MaxxFarce 9 & 10 engines. ENGINE CONTROL: Remote mounted provision Including tiviring for body builder Installation of PTO controls with ignitiOn switch control for international post 281 �:) 2007 emissions electronic engines, EXPANDED ENGINE TEMP EFFECTS: To allow higher engine operating temperature range, includes nylon surge tank and 15 PST pressure cap. TRANSMISSION, AUTOMATIC: (Allison 3000 'RDSP) 4"' generation controls, close ratio, 6-speed with double overdrive; on/off hwy includes oil level sensor with PTO provision, less retarder, with 50,000-lb GVW and GCW & y max. OIL COOLER Auto transmission water to oil, for Allison 3000 & 4000 series transmission. TRANSMISSION )DIPSTICK: Relocated to right side of transmission. OIL: (Castro] TranSynd) synthetic. ALLISON SPARE INPUT/OUTPUT: For rugged duty series (RDS), airport refuelcr and sewer evacuation. ]BUSHINGS: Equalizer beam bronze center bushings for Hendrickson suspension. AXLE, REAR, TANDEM: (Mentor RT-40-145P) single' reduction 40,000-lb capacity with lube oil pump and 200 wheel ends. SUSPENSION, REAR TANDEM: (Hendrickson RT403) walking beam type 52" axle spacing; 40,000-lb capacity with rubber center bushings. SUSPENSIONIREAR-AXEL IDENnTY: For Meritor (Rockwell) tandem roar axles with bar -pin beans attachment type suspensions. FUEL TANK: (2) top draw; D style, non polished aluminum, 70 US gal, 265L, total capacity 140 US gal. P'UELfWATER SEPARATOR: With filter restrictionlchangeindieator, includes standard equipment fuel and water -in- separator. CAB: Conventional. IIEATER HOSES: Silicone. GAUGE CLUSTER: English electronic speedometer. GAUGE, OIL TUMP, ALLISON TRANS GAUGE, AIR CLEANER RESTRICTION: (Filter minder) with black bezel mounted in instrument panel. 1P CLUSTER DISPLAY: On board diagnostics display of fault codes in gauge cluster. SEAT DRIVER: Air suspension, high back with integral headrest, vinyl, isolated with 2- position front cushion adjustment -3 to +14 degree seat back adjustment, single chamber air lumber support. -SEAT; -PASSENGER -Non suspension, high back with integral headrest, vinyl with fixed back. GRAB HANDLE: (2) Chrome towel bar type with anti - slip rubber ;for cab entry mounted left and right. MIRRORS: Rectangular breakaway type with 102" uQ wide spacing, with 1.44" sq convex both sides with all heated heads, and thermostatically controlled. CAB SOUND INSULATION: Shall include dash insulator and engine cover insulator. INSTRUMENT PANE. CENTER: Section, flat panel. AIR CONDITIONER: International hlend-air with integral heater and defroster. FRESIT AIR FUZER: For HVAC. STORAGE POCKET, DOOR: Molded plastic, full width mounted on passenger door. CAB INTERIOR TRIM: Deluxe. CAB REAR SUSPENSION: Air bag type. WHEELS: Front disc 22.56" painted steel, 10-stud hub piloted, flanged nut, metric mount 12.25 DC rims with steel hubs. WHEELS: Rear dual disc 22.5" painted steel, 2 hub piloted, flange -nut, metric mount, with steel hubs (8) TIRE,. REAR 11R22.5 RR150 Double Coin 496 rev/mile, load range G 14 ply AS EC11"I R (2) TIRE, FRONT, 42 5.651t22.5 XZY-3 (Michelin) 465 rev/mile, load range L, 20 ply CATCH BASIL CLEANING SYSTEM - POSITIVE DISPLACEMENT BLOWER To be capable of conveyance of wet, slurryand submerged materials. Positive displacement blower must operate completely independent of wator pump pressure and flow. The blower will be a }loots Model 824RCS capable of 45000 CPNI while simultaneously developing 16" 'EG. The blower shall -have -a- maximult speed -of 2250- RPM -to_ minimize maintenance and external noise. A performance curve from the blower manufacturer will be supplied with proposal. Drive by means of transfer case from chassis engine. Transfer case to be connected to positive displacement blower by drive shaft without the use of belts or hydrostatic drives. Engagement by means of air shift mechanism. No exceptions. Please state how blower is driven. A hot shift blower drive system (in Iieu of standard) shall be supplied and include transfer case, air shift control, vacuum relief, and front control for blower engagement. Intake tube size - 8" inside diameter. Adequate hoses to clean to a depth of 22' below grade level. All extension tubes to be aluminum tube. A serrated catch basin nozzle shall be provided. Connections of extension pipes to be adjustable over -center type clamps. Adequate clamps shall be supplied. A formed steel elbow shall be used as the transition from vertical to horizontal. Additional heavy duty steel tube to be used horizontally to eliminate wear. • A minmimu amount of flex hose shall be used to reduce weight and increase life. Vertical section to be flexible hose approx. 5 1/2' in length. Boom Support for Vacuum Tube T e of Mechanism: f Front mount with hydraulic power up, down and hydraulic rotation by hydraulic cylinder(s). Boom to have provisions for manual over hydraulic operation in emergency situation. Boom and hose will release - from debris tank when dumped to aid in cleanhig. Rear loading booms are unacceptable. All hydraulic components to be mounted below top of body to protect them from damage. Rotation: 180 degrees minimium. _ _--_Lift: _ I6', 6"_ vertical.- - - - Lift Capacity: 700 pounds minimum.. Reach: Vacuum hose shall be able to reach a minimum of 23' from vehicle center -line or 15' from edge of vehicle. Hydraulic System: power to be supplied by means of engine driven pump with minimum capacity of 8 GPM main, hydraulic tank will be used as supply source for hydraulic pump. Hydraulic Telescoping Boom: The vacuum pick-up hose boom shall be provided with an extendable section that will provide an additional (8) feet of extension to the standard boom. The system shall consist of a fully enclosed and protected hydraulic cylinder with controls located for convenient operator access, An inner sliding sleeve 8 inch hose assembly incorporating water and air tight end seals to allow for a telescoping effect'of the vacuum hose shall be provided. ,A, heavy duty 8 inch formed steel elbow shall be provided as the transitions piece fTDm vertical to horizontal direction of vacuum hose. Thebooze movement shall be controlled by a handheld pendant control. The control will include self centering switches for all iutaetions of the boom movement. ,A,it additional joystick style control will be permanently installed on the,hose reel. Boom controls shall include an emergency stop button to halt all boom movement in case of emergency. .. (ter� � r,� .:.` .4r•,+: . .F fri';i'i F The boom shall also have a cordless pendant control to. control boom functions when operator is within 50' of the truck. Work lights shall be installed on the boom, S Air filtration gravity with expanded metal steel screen or -- acceptable equal. Tanis body capacity: Ten (10) cubic yards. - - - - - - Material construction: 10 yard capacity 3/16" abrasion and -- - -- -- - --corrosion resistant steel- "Ex -Ten" or _equal. _ Load discharge. ` A single front mount 6" multiple stage hydraulic body dump cylinder. Body dmnp hoist will lift to 50 degrees to thoroughly discharge all contents of debris tank. Dump, cylinder to be power up and power down type, Moist to be powered by chassis driven pump. Controls for dump to be located at forward pan of body out of way of discharging debris. Liquid level indicator needle indicator by internal float, Stainless steel and brass constnuction for dependable operation. With audible alarm when debris tank is full. Dual 10" stainless steel ball floats, cage and screen shall be located in each outlet to the vacuum source to automatically stop the airflow to the body shall be supplied. It shall be mounted internally and shall fall free in a cage suspended from the exit air opening. All electrical ,routing -on debris tank to be protected by and run in conduit. All lighting to be rubber insulated and all connections completely air tight "Trueklite" or. equivalent. Discharge Gate - 1/4" thick steel tailgate, 3/4 opening, circular, top hanged. Door to be equipped with permanently affixed door prop. Door to be of a design that will not allow it to make contact with the ground when in the full 50 degree dump position. Hydraulic door lock mechanism shall be provided, The system shall be operated from the side of -the truck. The system shall be designed as a sequential door grabber to engage locks without manual latches or screws requiring manual latcbing or loosening ASS �-' - �eJ � { ' '"F'r. prior to door lock activation. System to be designed as a failsafe system - if hydraulic pressure or system failure is experienced the door lock mechanism will remain looked. The rear door shall be hydraulically opened and closed. Controls shall be located curbside of the truck. Gasket Rear Door - Neoprane replaceable 2" diameter minimum. Two (2) work lights to be located on the rear door. -Tank Drain - Tank to -be-equipped-with . a -rear -drain of minimum size of a 6" butterfly valve with plastic coated fabric hose of 10' in length. A standard pipe assembly shall be used for discharge of liquid. A 6" de -watering system shall be installed at the rear door and shall be mounted as low as possible. This system shall include an internal drain pipe with full screen, air operated knife type shutoff valve and a 10' x 6" lay flat drain hose with Canuloc couplers located curbside outside the debris body. The debris tank shall have- a hydraulic pump off system rated at a minimum of 450 GPM. it shall be located in the inside front of the debris tank and sliall be plumbed to the front bumper. Units that have a pump off system mounted to the rear door. shall be deemed unacceptable. The interior of the debris tank will be washed by a permanently installed spray nozzle assembly. Nozzles will Low for a flow of up to 80 GPM for thorougb cleaning. Controls for spray nozzles will be located behind the cab, well forward of discharging debris. A splash shield will be located at bottom of rear door opening to keep rear bumper clear of discharging debris. The system will be designed to not make contact with the ground during dump operations. An electrically activated, air operated, 4" butterfly valve shall be located.prior to the blower inlet. This relief valve shall be manually activated at the front workstation with indicator light or the pendant control_ This allows the venting of the debris tank to atmosphere and relieves vacuum at the debris intake hose. The vacuum relief shall be tied in to the debris body full alarm so it opens and stops vacuuming when debris body is full. WATER SYSTEM - HIGH PRESSURE JETTING POSITIVE DISPLACEMENT PUMP (80 GPM @ 2500 PSG Positive displacement pump to be completely independent of vacuum negative pressure or air volume. Pump to.be run and controlled hydraulically. The unit will be: capable of full vacuum operation while simultaneously varying the --water- flow- throughout its operating rangerPlease sate how water pump is driven. The hot shift power take off shall engage the hydraulic pump but not the water pump to eliminate unnecessary high pressure ball valve by-pass and water pump. wear. All controls for stopping water pump and flow shall be at the hose reel. The rated design capacity of the high pressure water pump shall be 100 GPM and 2500 PSI. This capacityshall insure long pump life. A certification by the pump manufacturer for continuous duty shall be provided. Purnn will deliver 80 GPM at nozzle The hydraulic pump and water pump shall be sized to allow the water system to operate with 80 GPM at 2,500 PSI continuous duty operation. The water pump shall cycle approximately every 4%2 seconds. This pump cycle shall provide an automatic "Jack Hammer" action in the hose to assist the nozzle in breaking through obstructions. Water pump to be equipped with a nitrogen charged accumulator to allow for smooth operation of water pressure or a jack hammer action_ . A valve shall • be installed to supply on demand jack hammer action. Accumulator must be rated to work at 1200-1 B00 PSI. The water pump location shall provide a flooded suction inlet to eliminate potential cavitation damage. EN r+.Rra� The high pressure water pump will be designed so no damage will occur if run at nmaximurn RPM without water for 30 minutes: A certification by the original water pump manufacturer to operate in such a manner shall be provided. The water pump shall have a 1" relief valve to protect the pump from damage. The water pump will be usod to purge residual water out of the water system by pumping air through entire water system. Drain plugs will be provided in the bottom section of the water pump. for complete cold weather draining. - - - - Pump hydraulic system shall consist of a P.T.O. driven Vickers 35 20-V or equal hydraulic pump. Hydraulic tank to be 70 gallon and will incorporate a•water to oil cooler and 10 micron replaceable oil filter. Gate valves shall be installed to permit the servicing of the hydraulic system, A valve shall be located at the hydraulic pump suction lire, return line and oil filter. Pump driven components including all shafts, packing, seals and control mechanisms shall be operated in a. lubricating liquid. Systems which -require daily or frequent lubrication are not acceptable. Due to high ambient temperatures and abrasive environments, systems utilizing belts, shives and bearings are not acceptable. The water pump shall have two drain valves (ball valves) to drain any dirt or sediment back from tank. Pump manufacturer's pump specifications curve and literature shall be included in bid package. Water pump to have a five (5) year warranty on ports and labor. - Pump' to be supplied with a 3" diameter "Y" type strainer f lter prior to pump. Filter shall be supplied with two (2) filter inserts, (1) installed and (1) spare shipped loose. The jet rodder pump is to be equipped with a hydraulically driven system that allows the operator, by changing nozzles and using a dial control on the hose reel, to vary flows and pressures independently of each other through the entire range of the water delivery system described herein. This system must be in addition to the normal configuration of the pump; this feature must depend fully upon an addition to the standard pump configuration and fully depend upon an additional element to the hydraulic drive configuration of the pump supplied. Mere change of nozzles or the use of manually manipulated ball valves will be deemed unacceptable. Finally, this system will be operable with a minimum V diameter jet. rodding hose that meets all required operating pressure and burst strength standards set forth in this specification. AJERO=STYLE- TUESCOPIC / ROTATING --HOSE REEL Hose reel shall be mounted on front of truck. No exceptions. The hose reel assembly must be mounted on an independent telescoping frame that can be removed from brackets and attached permancntly to the main truck frame members. The reel is to afford excellent visibility on the latest truck models; therefore, the overall installed height of the assembly cannot exceed 67" with a minimum ground clearance of 14". Hose reel shall have a minimum capacity of 800' of 1" I.D. rodder hose. A hydraulic motor shall drive Bose reel. The motor shall control the reel. speed and forward or reverse rotation. The hose reel drive shall be capable of retraction of the high pressure hose and nozzle at full pressure and full flow through 800' of hose. The front mounted hose reel shall telescope a minimum of 15" on a heavy-duty bronze bushing. The entire hose reel assembly .shall rotate on a large diameter ball bearing a minimum of 270 degrees. The 270 degrees shall consist of 135 degrees on each side of center line of the reel... The hose roel shall rotate- about the reel assembly center line so the reel shall never extend beyond the truck width. l~or safety reasons no retractable foot or leg shall be required for support or stabilization. 1; •: fir, a ;.: �' ., . -O�r• 9wY it �i:"m l:. ,� :: N ... .1 :. _. . The hose reel shall include a pneumatically actuated lock, which shall positively lock the reel in any position across its operating range. A removable aluminum cover will be installed over all hose drive mechanisms. The hose reel shall have an automatic wind guide to automatically wand. the 800' hose back onto the reel. This item shall also include a pinch. roller to keep the hose tight to the reel. AERO-STYLE TELE / ROTATING HOSE REEL CONTROLS , Controls shall be supplied on each side of the hose reel allowing operator to work off of either side of the Unit for safety purposes. The controls shall include the following: Hose reel telescope with retract switches. Pneumatically operated reel rotation lock. High pressure gauges. Directional control valves with speed control. Pump on/off switch. Throttle control - any other controls necessary for operation ofhigh-pressure hose. Dual reel directional controls. Blower controls (Hot shin blower). Multi flow control knob. Dual pump control for -handgun. All controls to be clearly marked with funcdon. Work fight located at the operator station. Al s3.+r') "tiK aka A light will be mounted under the hose reel to illurninate the manhole area.. The unit shall have an aecu-count footage counter to digitally count hose reel footage. This is in addition to the standard footage counter. TANK - FRESH WATER Tank(s) shall have a low center of gravity design. Capacity -1;500 gallons, minimum. There shall be no'eonunon walls with debris tarik. An approved anti -siphon system shall be supplied. The filler pipe must be a minimum of 2 times the filler pipe diameter as the distance frmn the fill hose to the water tank. Proposer to state vertical and horizontal center of gravity in worst case working conditions. Tank(s) to be manufactured of aluxninum. or stainless steel and shall be cylindrical in design. Plastic tanks are unacceptable. Tank capacity to be 100% useable and certification of tank capacity shall be included. Water tank to be equipped with a low water almm with warning light. Water taiik to have a ten (10) year warranty ROSE Continuous 800' feet (no splices). Inside diameter 1 ", Operating pressure - 2,500 PSL No exception. Burst pressure - 6,250 pounds. No exeoption. Hose shall be certified m to "field swage" ability. Local vendor stock must contain ample inventory of these fittings at all tirries. HANDGUN - Capacity - 20 GPK 600 PSI maximum for safety. Gun to have two handles £oz operator safety and to reduce fatigue and shall include 50 feet of 1/2" hose, Deadman controls, Quick disconnects both at front and rear of unit with system on/off valve at front. Spring, retractable hose reel located curbside at mid ship of unit. ACCESSORIES AND ADDITIONAL EQUIPUMNT Lower hose guide. Tank fill hose: 2-1/2" x 15' hose with swivel end fittings. Hose reel shall have a 2-way reading footage meter which shall continuously displaythe footage of the hose, Nozzles: One .each 15 degrees blockage type, 35 degrees standard. Hardened to 50 Rockwell. Nozzles to have Tungsten carbide inserts to increase life. Tube racks: shall be attached to unit to conveniently carry extension tubes. Tube access will be installed from ground level. A folding, swing down bracket mounted to the curbside and street side of debris body to store aluminum vacuum tubes. Equipment storage: Lockable tool box, side mount 36" x 16" x 14" (Dimensions are approximate). An additional two aluminum tool boxs, 36" x 18" x 18" shall be located On. the street side of the truck mimensions are approximate) to be supplied. Actual dimensions -and location to be determined. 18 The Unit shall have a hydro -excavation package. This will include a 15' W' hose retractable hose reel located at the front bumper. It shall incorporate the high pressure water PUMP to put out 10 GPM @ 2500 PSI. Circuit breakers shall be provided with labels and schematics. Adjustable hydrant wrench shall be included with Unit. A hand. held spotlight, one piece molded black neoprene pistol grip type shall be supplied and shall include a 110.000 candlepower' and--100 - Watt- -13— volt- scaled -beam - bulb. Please include a SVO — 25' coiled cord with 12 volt plug in connector. The Unit shall have side skirts located above the rear tandem tires: A safety cone storage rack shall .be supplied at rear of unit. (4) Tool tubes shall be mounted on headache bar. (2) Tool tubes (.PVC) to be mounted between debris and water tanks. Front and rear tow hook sets shall be supplied. PAINTING Complete Unit cleaned with all weld slag removed. Cleaning to be in keeping with good and accepted industry practices. A good high grade polyurethane primer shall be applied followed by a finish coat of high quality Iinron Polyurethane paint. All paint shall be properly applied and cured in accordance with manu.#acturees recommended procedures. Frame to be painted black. Balance of truck and body to be primed and paihied white to match cab. 'Water tanks to be natural aluminurri finish. . The tank surface on the back end of the truck shall have reflective tape with a diagonal chevron type pattern. 19 '�?,',�_t?' SAFETY DEVICES Fire extinguisher with standard spring clip bracket shall be installed in cab. Must comply with UL rating 10 ABC. Unit shall have mid body turn signals. Unit shall have LED clearance, back-up, tail & turn. SAFETY LIGHTING: Whelen, Light Package LED (4) - LED Corner strobes - 2 front fender (HA238C), 2 rear side (4E GRU,� Grillmaster with -- 402000AU linear strobes): (1) LED Front mounted directional Arrowstick (1) LED Year mounted TA 870L 72" Arrowstick w/ control in cab. Grip -handles and grip pads will be supplied wherever any climbing is required. Cab protection by means of -heavy duty 2" square tubing running the width of the cab mounted to cleaning unit. Cab attachment not acceptable. A Freco 1040, self adjusting, rear mounted back up alarm is to be mounted and activated automatically upon backing unit. Two (2) complete parts, operating and maintenance manuals for sewer equipment. Parts manual will be professionally prepared and have detailed description of all body components. parts book will be dated and serialized to the individual unit being purchased. Due to manufacturer's changes in designs, any parts book which is published more than six (6) months prior to unit production Will require approval prior to delivery and payment. Pre -Production Meeting- A meeting between manufacturer and city will be arranged after award 'to finalize all mounting locations and installation details. Detailed line drawings will be supplied by manufacturer to identify all details. Back Up Camera System & Monitor - Truck shall be equipped with factory installed Back. Up Camera System,, ]ntee Model CVC 470 HXL and include a sun shield, ��,, ram. -� ---, ,-• - -- 20 weather proofing, and mounted utilizing vibration and shock resistant mounts. Monitor — Model CVM 640 LCD with 6.8" color picture measured diagonally. The monitor shall automatically switch to rear-view camera when truck transmission is shifted into reverse gear. Monitor controls shall include automatic on, dayh-tight sensitivity switch. Monitor shall be on an adjustable base to permit easy viewing and it shall have a sunshield. Please include Cable, Model CV L?21Mp,, 65' in length WARRANTY • Standard new vehicle warranty. CONTRACT • The vendor shall be required to execute a vehicle purchase agreement in substantially the same form as the draft contract attached hereto, DELIV AY Acceptance shall be, subject to the inspection and approval of the City of Vernon. Puce: 322►765.00 Tax: 26, 628.11 Total Cost: 349, 393.11 Submitted by: Matt 'AiincbAlaaker Equipment Company Address:2070 N. White Avenue, La. --Verne CA 91750 Signature: 21 HARKER EQUIP. COMPANY P.OS FEB-12-2ow 22:41 2070 N. White Avenue Le Verne CA 91760 909 698-2706 Fax-- 909 598-1427 i IV To-, DEBBY NICKENS Pyomr MAT -I" MUIN P I-t .. Ftxa 323 826-1433 Phone; Vgtet 2/13/08 Re: INFORMATION ON QUOTE IrC: © Urgent C3 For Review ❑ Please Comment 0 I'lasse Noply ., . ©.P110 41.0 NO Ole: • Comments: Ms. Nickens; ; This is to advise you that the price quoted to the city, of Vemon on the VaMor:•unit, iticl'ci es �41G tr ini�iq: required by the City -- to include Mechanics and Qperotlo is training. ; If you have any additional questions or concerns, piea$e do. not hasitpte to ixmidat up. ; EXHIBIT B EXHIBIT B Form Change Order CHANGE Contract Number: Change Number: The requirements of the above -designated Agreement are changed as follows: City and Contractor agree that Contractor's compensation shall be adjusted as follows: City and Contractor agree that Contractor's schedule shall be adjusted as follows: This adjustment covers the entire compensation for the Change set forth above and includes, but is not limited to compensation for all engineering, material, equipment, subcontracts, labor, overhead, profit, changes in scheduling and delays resulting, directly or indirectly, from the Change, as further detailed in the Agreement. Contractor: City: Haaker Equipment Company City of Vernon By By Date Date INSTRUCTIONS TO CONTRACTOR Contract Number: Instruction to Contractor: Date: Specific Instructions to Contractor: In accordance with the Terms and Conditions of the Agreement, the City classifies these instructions -as, - - - - Supplementary instructions, not involving a Change (Should these instructions be, in the opinion of Contractor, a "Change", written notice thereof must be given to City within 10 days of the receipt of these instructions. If such written notice is given, Contractor shall not commence with the work so ordered until written agreement is reached on the classification of these instructions and on the resulting adjustment in contract compensation, if any.) In the event that City and Contractor fail to agree on the classification of these instructions or resulting adjustment in contract compensation, if any, refer to the Changes Section of the Agreement. A Change (Contractor shall, within 10 days of the receipt of these instructions, furnish City a statement of its proposal for adjustment in contract compensation occasioned hereby. Contractor shall not commence with the work so ordered until written agreement is reached on the resulting adjustment in contract compensation, if any.) In the event that City and Contractor fail to agree on the classification of these instructions or resulting adjustments in contract compensation, if any, refer to the Changes Sections of the Agreement. City Representative Please acknowledge receipt of this instruction by returning one copy signed in the space provided below. Contractor's signature hereon does not indicate his acceptance of the classification assigned hereto by City. Contractor's Representative Date Date EQUIPMENT PURCHASE AND SERVICES AGREEMENT This AGREEMENT ("Agreement") 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 19t" day of February, 2008, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 HAAKER EQUIPMENT -COMPANY -- hereinafter referred as "Contractor," 2070 N. White Avenue La Verne, CA 91750 RECITALS WHEREAS, the City desires to purchase a Vactor Model 2110-36 Jet Rodder Truck together with necessary parts, accessories, hardware, tools and training (hereinafter collectively referred to as the "Equipment") to be used by the Department of Community Services & Water to clean and maintain the sewer lines and/or storm drain catch basins, vacuuming any obstruction found and suctioning excess water when necessary; and WHEREAS, Contractor is the sole local distributor in Southern California for the Equipment; and WHEREAS, Contractor submitted a proposal dated December 10, 2007 for the purchase of the Equipment and training services (hereinafter collectively referred to as the "Proposal"), a copy of which is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the Proposal includes a description of the Equipment and services to be performed by Contractor and the attendant costs; and WHEREAS, the Contractor is the only vendor that can provide the necessary equipment and services meeting the specifications and requirements of the Department of Community Services & Water; and WHEREAS, Contractor has advised the City that it is`qualified and capable of providing the Equipment and services described in Exhibit A, and is willing to Page 1 of 20 do so on the terms and conditions set forth below; and WHEREAS, the City desires to enter into an agreement with Contractor to provide for the purchase and delivery of Equipment, material and the labor to train on the Equipment on a contractual basis as defined in the terms and conditions set forth below. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. PURCHASE OF EQUIPMENT 1.01. Contractor agrees to sell, deliver, and test the Equipment, including all material, and the City agrees to purchase the Equipment and training services as identified in x-i_i--. 1.02. Delivery. Contractor shall obtain and sell, deliver and test the Equipment at the City of Vernon, F.O.B. Job Site. Contractor is responsible for all costs of full freight, including insurance, to Job Site. Risk of loss shall pass to the City upon delivery F.O.B. Job Site. SECTION 2. TERM OF CONTRACT 2.01. This Agreement will become effective upon issuance of a Purchase Order, and will continue in effect until such time as the City approves the scope of work completed pursuant to the Proposal or until terminated as provided in this Agreement. SECTION 3. DEFINITION OF TERMS 3.01. Whenever used in the Agreement, the following terms shall mean: A. "Agreement" shall mean that formally executed Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Haaker Equipment Company and where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. Page 2 of 20 D. "Contract Documents" shall include any inquiry, invitation to bid, request for proposal or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Section 5.01 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the Work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "Equipment" shall mean the equipment identified in Exhibit A. G. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. H. "Owner" shall mean City of Vernon, California, and where applicable, their affiliated companies, directors, officers, employees, agents, and representatives. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. J. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the Work, except information falling into any of the following categories: 1. Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's or any entity within Contractor's control breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation regarding disclosure to Page 3 of 20 others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. K. "Subcontractor" shall mean any first or lower -tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. "Work" or "Services" shall mean the work performed by Contractor and required to be performed from time to time by City under this Agreement. SECTION 4. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 4.01. Contractor's Services shall include, but will not be limited to, testing the Equipment and training on the Equipment. The Contractor's Services are more specifically detailed in the Proposal attached hereto as Exhibit "A" and incorporated herein by this reference. Change of Services 4.02. City may at any time, by written change order executed by the City, make changes in the scope of Work, to extend the Work duration and/or total compensation of Contractor's Work. 4.03. City may make "Changes" by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit B attached hereto and incorporated by reference. Timing of Services 4.04. Contractor's Services shall commence upon the execution of this Agreement by both parties and award by the City Council and shall end when Contractor has completed the work according to the Proposal, unless this Agreement is otherwise terminated according to Section 7 of this Agreement or extended according to the conditions and terms set forth in this Agreement. Delivery is expected to be completed no later than two hundred forty (240) days from the Page 4 of 20 issuance of City's Purchase Order. Completion of the services to be performed by Contractor is expected to be no later than sixty (60) days after delivery. 4.05. Time is of the essence for all Work contemplated by this Agreement. Contractor shall start performing Services under this Agreement only after notification by the City. Method of Performing Services 4.06. Contractor will determine and is responsible for the method, details, and means of performing the above -described Services. 4.07 Status of Contractor Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are accomplished, it being understood that City is interested only in the results to be obtained by Contractor. 4.08. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 4.09. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 4.10. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. Page 5 of 20 4.11. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 5. COMPENSATION 5.01. In consideration for the Equipment and Services to be performed by Contractor, described in this Agreement, City agrees to pay Contractor a sum not to exceed Thee Hundred Forty -Nine Thousand Three Hundred Ninety -Three Dollars and Eleven Cents ($349,393.11), which includes training costs, plus applicable sales tax and delivery charges (the "Contract Price"). The actual amount will be based on the amount required to furnish the Equipment and perform the services, billed in accordance with Contractor's Proposal attached as Exhibit A. Entire Compensation 5.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Equipment and Services and any and all of Contractor's obligations hereunder, regardless of difficulty, unforeseen circumstances, hours worked or equipment, materials or personnel required. The Contract Price includes without limitation, customs duties, fees, overhead, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason except as expressly set forth in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract Price shall only be adjusted by formal, written Change Order or amendment to this Agreement. Payment of Compensation 5.03. For Equipment and Services rendered under this Agreement, City agrees to pay Contractor the sum set forth in Paragraph 5.01 of this Agreement upon completion of the Services. Contractor shall submit to City an invoice and statement of Services, prepared in accordance with City requirements, upon completion of the Work. City shall make payment to Contractor within thirty (30) days of acceptance and approval of an invoice prepared in accordance with City requirements. 5.04. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Page 6 of 20 Expenses 5.05. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City. Compensation for Changes 5.06. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established in a written change order signed by City as described in Sections 4.02 and 4.03 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated -_ - -between the parties; -or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 6. OBLIGATIONS OF THE PARTIES 6.01. Contractor is responsible for meeting all conditions of this Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. Products of Consulting 6.02. All products of consulting services including, but not limited to, manuals, documents and/or computer software, shall become the property of the City and shall be delivered to the City before the end of the performance of this Agreement. Basic notes and sketches, charts, computations and other data shall be made available to City without restriction or limitation on their use. Liability Insurance 6.03. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. 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 the City. 6.04. The insurance coverage as listed herein, shall be properly endorsed to include Page 7 of 20 those contractual obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 6.05. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 6.06 Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and are endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in effect the following minimum insurance -coverages on an ccurrence-Form- Policy: A. Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over Contractor's employees. Workers Compensation and Employers Liability Insurance shall have a minimum limit of $1,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. B. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2,000,000 per occurrence. C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non -owned or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. D. Umbrella or Excess Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess liability policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. 6.07. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence Page 8 of 20 performance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 6.08. Contractor 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 Contractor employs subcontractors as part of the Services rendered, Contractor's protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 6.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 6.10. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is to be done. Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 6.11. Contractor represents that it has the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Page 9 of 20 Contractor has complete and sole discretion for the manner in which the Work under this Agreement will be performed. 6.12. Contractor declares and states that it has complied with and will continue to comply with all federal, state, local air pollution control laws and regulations applicable to the Contractor pursuant to Section 2022.1 of Title 13 of California Code of Regulations and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 6.13 Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representation or provision contained in this Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees or based on any claim that any software program or other product used or furnished by Contractor in the performance of this Agreement constitutes an infringement of any United States patent or copyright. 6.14. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. 6.15. At all times while Work is being performed on the Premises each party shall be represented thereon by a designated representative. Each party may notify the other in writing of the identity of such persons from time to time. Work Injury 6.16. The treatment and care of injuries sustained by Contractor's employees, subcontractors, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the ,furnishing of such first aid facilities or assistance to Contractor's employees, subcontractors, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Page 10 of 20 n Records, Inspection and Audit 17. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing documents, and all the other unit - inventory records for the Contractor's stores, stock or capital items; (c) paid invoices -and- anceled-checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 6.18. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 6.19. Contractor agrees that all Services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that Services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 6.20. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor Page 11 of 20 would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 21 for ten 10 - - years after theeffective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor, who require it in performance of the Work and except to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 6.22. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may copy, in whole or part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. 6.23. Except as expressly permitted by prior written consent of the City, Contractor and/or its subcontractors shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity. Contractor and/or its subcontractors shall return any written Confidential Information and all copies made of such items to the City upon the City's written request, but in any event not later than the date that Contractor has performed all Work to be performed pursuant to this Agreement. Contractor hereby agrees that such Confidential Information and any documents provided may be used by Contractor and/or its subcontractors only as authorized by the City. Contractor shall include a provision in its agreements with subcontractors that binds the subcontractors to this non -disclosure requirement. 6.24. All reports, plans, data, studies, maps, drawings, models, photographs, Page 12 of 20 documents and other writings prepared by and for Contractor, its officers, employees, agents and subcontractors in the course of implementing this Agreement, with the exception of working notes, internal documents and Confidential Information provided by businesses located in City, shall be considered the property of City. Contractor shall deliver such documents and materials to the City as they are generated; however, Contractor may take and retain copies of said documents and materials that are not Confidential Information, as desired. 6.25. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public and Contractor agrees that such documents shall not be available to any individual or organization without the -written consent of the City prior to such release. 6.26. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Contractor. Compliance with Authority 6.27. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. 6.28. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 6.29. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 6.27 and 6.28 of the Agreement. Progress Reports 6.30. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. Page 13 of 20 Contractor's License Classification 6.31. Contractor shall possess all appropriate licenses for the duration of this Agreement. Warranties 6.32. Contractor shall assign to the City at the time the Equipment is delivered all manufacturers' warranties and Contractor shall assemble and deliver to the City complete copies of all warranties, guaranties, and operating and maintenance data and all other documentation from all manufacturers pursuant to this Agreement. 6.33 Contractor warrants that -title to Equipment will pass to the City either by incorporation in the construction or upon the receipt of payment by Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, and that no seller of any Equipment or any portion thereof will retain an interest therein or an encumbrance thereon. 6.34. Contractor warrants that all Equipment will be new and free from defects in materials and workmanship, comply with the specifications provided by the manufacturers, be of good quality and merchantability, and fit for their intended purposes, and conform to all applicable governmental regulations, statutes, and ordinances. Any Equipment not conforming to --these requirements, including substitutions not properly approved and authorized, may be considered defective. In the event that the test results obtained by either Contractor or the City reveals that any portion of the Equipment does not meet the City's specifications or the City identifies any defects in or damage to the Equipment, Contractor shall promptly repair or replace any defective Equipment; provided, however, that if, in the City's reasonable discretion, the quantity or quality of the defects are substantial, the City shall have the option of rejecting the entire shipment of Equipment from Contractor, and obtaining another vendor to provide the Equipment. Contractor shall be responsible for all direct and indirect costs that may be incurred by the City in connection with the rejection and/or replacement of damaged or defective Equipment, including any and all damages caused to the City's existing equipment, storage and/or system by the use of defective Equipment provided by Contractor. 6.35. Contractor shall obtain for the benefit of the City, and assign to the City, commercially reasonable manufacturers' warranties, specifically, Contractor warrants the following: Equipment warranty of twelve (12) months or 2,000 operating hours, whichever occurs first, an additional nine (9) year warranty against corrosion or rust through for a total of ten (10) years on water tanks, an additional four (4) year warranty against corrosion or rust through for a total of Page 14 of 20 five (5) years on debris tank, and an additional four (4) year warranty on centrifugal compressor and housing for a total of five (5) years. All manufacturers' warranties, any warranties typically provided by Contractor and any other warranties made applicable by law shall apply to the City's purchase of the Equipment. Warranties shall commence from the date the City receives the Equipment under this Agreement or the City's acceptance of the Equipment being purchased hereunder, whichever occurs first. Contractor shall assist the City in the enforcement of all such warranties. 6.36. Contractor, at its cost, shall promptly repair or replace or cause the manufacturer to repair or replace (provided, however, that the City shall cooperate in working with the manufacturers if the warranties have been assigned to the City) Equipment rejected by the City as defective or as failing to conform to this - Agreement if -reported -to -Contractor within -the Warranty Period. The Warranty Period shall commence from the date Equipment is delivered hereunder or from the date of the City's acceptance of the Equipment being purchased hereunder, whichever occurs first; or (b) such longer period of time as may be prescribed by law or by the terms of the applicable manufacturers' warranty. The City shall give such notice promptly after discovery of a defective condition. A new Warranty Period shall commence for replaced Equipment on the date the replacement was made. Contractor's obligations hereunder shall include the obligation to repair any damage to other property caused by the defective Equipment or the repair thereof. Contractor shall indemnify the City from and hold the City harmless against any and all claims, liabilities, liens, damages, losses, costs, and expenses, including reasonable attorneys' fees and all costs of defense, arising out of or relating (a) to any such Equipment found to be defective or not in accordance with this Agreement, or (b) the correction of any such Equipment. The foregoing representations, warranties, covenants, and agreements shall survive any termination of this Agreement and final completion of the delivery of the Equipment and are in addition to, and not in lieu of, any and all other liability imposed upon Contractor by law with respect to Contractor's duties, obligations and performance hereunder. SECTION 7. TERMINATION OF AGREEMENT 7.01. Unless otherwise terminated as provided in this Section, this Agreement will continue in effect until such time as the City receives a final comprehensive report summarizing the Services, analysis of tests and results, unless otherwise extended according to the terms and conditions set forth in this Agreement. Page 15 of 20 Non -Default Termination 7.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written notice to Contractor and such termination shall be effective in the manner specified in such notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 7.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by ----Contractor directly attributable -to termination which could not reasonably -have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 7.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C.. Assignment of this Agreement by Contractor without City's written consent. Termination for Default 7.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may immediately terminate this Agreement by giving written notification to Contractor indicating the effective date of such termination. Termination will take effect immediately upon the date specified in the notification. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to perform, in a manner satisfactory to the City in its sole discretion, the Services specified in Section 3 of this Agreement; or Page 16 of 20 B. Contractor's material breach of any obligation or provision contained in Section 5 of this Agreement. 7.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 7.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of -the -Work or any other damages because of such termination or reduction. SECTION 8. GENERAL PROVISIONS Notices 8.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3rd) day after mailing, whichever occurs first. Contractor: Haaker Equipment Company City - City of Vernon Attn: Matt Muinch Attn: City Administrator 2070 N. White Avenue 4305 Santa Fe Avenue La Verne, CA 91750 Vernon, CA 90058 Fax: 909-598-1427 Telephone: 909-598-2706 Fax: 323-826-1438 Telephone: 323-583-8811 ext 260 Entire Agreement of the Parties 8.02. This Agreement supercedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no Page 17 of 20 representations, inducements, promises, or agreements, orally or otherwise, have been -made by-any--party,-or anyone -acting -on -behalf of any -party, -which -are -- not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 8.03. This Agreement shall be comprised of these included provisions, together with - - Exhibits A-and-B, which are all attached. -In-the event of -conflict between this Agreement and any of the exhibits, including the Proposal, this Agreement shall prevail. Partial Invalidity 8.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 8.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to Page 18 of 20 arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall -determine the rights and obligations Of the ---- parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. The agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 8.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 8.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of Page 19 of 20 due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 8.08. Except as may otherwise be specifically provided herein, this Agreement may be modified or amended only by a written document executed by both Contractor and the City and approved as to form by the City Attorney. 8.09. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. 8.10. City reserves the right to award similar contracts to multiple contractors to ensure the City has adequate services. IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. City: City of Vernon ' 9 Narme. — Title: Date: � f% ATTEST: Y c � Manuela Giron, Ci -Cferk APPROVE MUIR TO FORM: , City Attorney Contractor: Haaker Equipment Company .�� ' z Date: ..�' f� Name: Title: Date: '7-r--- — 0 63 Page 20 of 20 EXHIBIT B Form Change Order CHANGE Contract Number: Change Number: The requirements of the above -designated Agreement are changed as follows: City and Contractor agree that Contractor's compensation shall be adjusted as follows: City and Contractor agree that Contractor's schedule shall be adjusted as follows: This adjustment covers the entire compensation for the Change set forth above and includes, but is not limited to compensation for all engineering, material, equipment, subcontracts, labor, overhead, profit, changes in scheduling and delays resulting, directly or indirectly, from the Change, as further detailed in the Agreement. Contractor: Haaker Equipment Company By y Date "- _2� g a I: I City: City of Vernon Date INSTRUCTIONS TO CONTRACTOR Contract Number: Instruction to Contractor: Date: Specific Instructions to Contractor: In accordance with the Terms and Conditions of the Agreement, the City classifies these instructions as: Supplementary instructions, not involving a Change (Should these instructions be, in the opinion of Contractor, a "Change", written notice thereof must be given to City within 10 days of the receipt of these instructions. If such written notice is given, Contractor shall not commence with the work so ordered until written agreement is reached on the classification of these instructions and on the resulting adjustment in contract compensation, if any.) In the event that City and Contractor fail to agree on the classification of these instructions or resulting adjustment in contract compensation, if any, refer to the Changes Section of the Agreement. A Change (Contractor shall, within 10 days of the receipt of these instructions, furnish City a statement of its proposal for adjustment in contract compensation occasioned hereby. Contractor shall not commence with the work so ordered until written agreement is reached on the resulting adjustment in contract compensation, if any.) In the event that City and Contractor fail to agree on the classification of these instructions or resulting adjustments in contract compensation, if any, refer to the Changes Sections of the Agreement. City Representative Please acknowledge receipt of this instruction by returning one copy signed in the space provided below. Contractor's signature hereon does not indicate his acceptance of the classification assigned hereto by City. G� Contractor's Representative C Date Date EXHIBIT A HAAKER EQUIPMENT COMPANY ✓ Hot Shift Blower Drive Includes Transfer Case, ✓ Worklights @ Operator Station ' Air Shift Control, Vacuum Relief, And Front ✓ Worklight @ Manhole Control for Blower Engagement. ✓ LED Lights, Clearance, Back Up, Stop, -Turn, ✓ 8' Hydraulic Telescopic Boom Tail ✓ Joystick Control for Boom Function ✓ Mid -Body Turn Signal ✓ Cordless Remote Boom Control ✓ AM/FM/CD Player ✓ Post Type Boom Storage ✓ Whelen Light Package ✓ Accumulator System for Water Pump ---(2) HA238C Hide Away Strobes ✓ Front and Rear Handgun Couplers ---(2) 4E Grilp Grille Master HSG w/402000AU Multi Flow System. with Nozzle Storage Rack Linear Strobes ✓ Water Relief Valve _--(1) CPS660 Power Supply ✓ Hydro Excavation Kit/Lateral Reel with 50' x ---(1) PM142000 55" Light Bar with 9 Aly Lights 3/8" Hose, Handgun & Plumbing ---(1) PCC6R Controller ✓ 800' Piranha Hose ---(1) TA870A Traffic Advisor ✓ Automatic Hose Level Wind Guide ---(2) TATPR20 20' Extension Cable ✓ Accu-Count/Digital Hose Counter ✓ 36xl8xl8 Aluminum Tool'Box.(2) ✓ Handgun Hose Reel ✓ Imron'Paint ✓ Aero style Tele/Rotating Hose Reel, Large 800' ✓ Rear Door _Painted. _Stripes - - - Capacity ✓ (4) Tool Tubes_ on Headache Bar Hydraulic Shut off Valves at Suction, Return and ✓ Front and Rear Tow Hooks Filterline ✓ Additional 3" Water Screen ✓ , .Rodder Pump Drain Valves ✓ Quad Back UpCamera System ✓ Additional Vactor Manual ✓ Handlight with Bumper Plug ✓ Worklights on Boom UnitPrice....................:..............:.........................: Sales Tax (8.25%)........:.....:................... $ 322,765.00 ..............................................................................: $ 26,628.11 PRICE IS F. B. VERNON CA: .........................::............................. $349.393.11 THE PROPERTY HEREIN IS GUARANTEED. BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR.IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT. NOTE: Price is good for 60 Days Cost increases due to the addition of Government mandated safety or environmental devices incurred after ihedate of this proposal, will be charged to you at our, cost. Proof of such costs, if any, will be documented. TAXES: SALES TAX applicable at time of delivery will be shown on. our invoice. FEDERAL EXCISE TAXES, `if applicable, will.reyuire payment unless a properly executed Exemption Certificate is submitted. DELIVERY: _ 210-240 Days TERMS: _Net 10 Or Approved Lease We appreciate the opportunity.to present this proposal and look forward to being of further and continued service. HAAKER EQUIPMENT COMPANY ACCEPTED BY: BY:. lob i� U,�t;�; DATE: Matt Muinch Sales Representative Vabtor Mfg., inc. (the "Seller'l warrants tp1hp-1ltl-Rr1 iutvr;°a mmen( q p pll•xiti tli+�:flr:"; prJ� �'�`' I "`"'`' :ent-for'use, now Equipment tope free frc, rk►:•d eot:in•rnk��pi�isnd:�varK��ii�i?'�1P'•i�'�;�r�s•.; or,2000 oparating-hours, whichever occurs'%at,'•folif3winR,clrt l qf'd liv i ! taafbs;i ifi fiAser;' Repair or replacement by Seller shall no)t ext�nd•'the .warranty parioo;-'I"hi;6:"'' tiOn i rnify.%cir be; assigned by Purchaser. Any parts of Seller's manufacture that -are rptiit6ed Via Prepaid traosoogal arx��d ��+9.�+�►irirt to be defeptive vilill be.repaired or repl8ced; at•S$Iter's aptioo, anRVratw nod 1► '�ks t if kiiCgF h 1e Prepaid. It is expressly ynderstgorf that• 5eller'ta; liiib'rlrty. is ainlitttcl'•i ra f4ctltjbTi t!'i ► I�, ps + rl {tire::. a reasonable length of -time. Sailer will not -be ;d�ila.��or ailyidar���ies,.j►���sl .�sr,e?f;�p'rl€�rs h, in connection with the use of or Inability tv: uae'&qulpmkPnt: ' This warranty covers only malfunctioris iesul.tlrid-:frorr, dafscr,;in n ttrriel r 4CWIrnafrztt'1tp cif •-•, Equipment, and parts and componfints.theraaf rnantifactured'!>y Sot -or., for f�»pr n�,ntslof •:. Equipment not of Sailer's manufacture indludl"ng,•but-not.,limiteld to,:pouviit;�pTaa trucks and transmissions, used b, Sapgr ao'pai t'of. the Equiprrar�r,t, ;err+"npr. srrHifEarl,l yl lei.. (Sailer hereby assigns to Purchaser any uvarra0' y a9zenrtiyd' by: the+'n1�3rira It is the Purchaser's responsibility to use the Equipment for the purpose;an;r) 0#i1o.r!ha +r.,rad.clas►;rilw ed in the Operation Manual, and to assume any.Ilabilityfor rJaml ge a01i rY-rdsulziin ;friinj• rriiiai and abuse, including -the removal ar alteation Oi afety giaarda ctn«� clevidr�4 ilgstail� ii on °the °t:'.c tliW- m0fit at time of delivery to Purchaser,' :. In addition to our -standard warranty, Vactor ItO1 ;, Inc. warrant:( The wate.1 l anlr-Qfi Vactors for an addifianiii9 years aeeinst'corrusion or rust 'lhrquph, +riskinfj;a_J[��al i1f Y�'}�aiai.s., warranty an water tanks, The Dobris Tank is warranted for ail additional 4 ,years• agaain,}r currravicar,• na• tu?'0. through far .a tot0l of 5. years warranty. I , The Centrifugal Compressor and Housing.1s:warranted for tart fariclitianal •ii•+�eals.�r►i ;� (Orel pt 5 years warranty against rust through: and c6itipr9asor rnalfuriction: Used Equipmant is so id "'AS IS". Sofier maker 140 WARRANTY ,corlr.Ylrnit)tjA -lrr fm.pAluntdig�iitV.'. condition, durability, ago or model year, or i'i;rises irr any purpose wrht3tac0vglt;: IT IS AGREE0 THATTHIS WARRANTY SET$ FORTH PURCHA,SEA'.n REMEDY AGAINST SELLER WITH RESPECT T'OTHE EOL PM1=NT, I1''itS �t�;i:'lt l'gr A�4 EXPRESS WARRANTIES AND ALL IMPLIED. WARRANTIES INCLQ0ING',Ilti?i�WjI _P..WAIji�!AN- TIES OF MERCHANTABILITY AND FITNES,9_ St=L�LER'ASSIJM' iS'NO OTI' M. LJO W01401K.9 • LIABILITY FOR LOSS OF USE, PROFIT, DA:CON.S�OUEf.Vi'IAL'L)AMAGti�:bF!;ANY I�IAjt Uft' .• NATURE, FROM WHATSOEVER CAUBE.Oq'TH)NG ARISING, INCLUI)INQ *j ' �if�T'cll�i(ITlyla TO, CLAIMS OF LIABILITY BASED UPON TQIRT, NEGLIGENCE, STRICT LIABILITY, OR RRE,AQH , OF WARRANTY IN CONNECTION WITH THE 11MANUFACTURE,-SALE, ALTERATiON, USE; REPAIR Ori ROLACEMENT OF EQUIPMENT, Vil Cl*:1. .. ' .. ' i'w"pit ttz:�u"�.i~it'A't:�k,_: OR ANY PART THEREOF, • • FFM'CYIVC 1•134 Fla TOTAL P.02 12/18/07 TUE 09:41 (TX%RX N0 9888) IM002 i I Our COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services &Water 4305 Santa Fe Avenue, Vernon, .California 90058 Telephone (323) $83-881.1 Fax (323) 826-1435 November 2007 REQUEST FOR PROPOSAL CITY OF VERNON TECHNICAL SPECIFICATIONS FOR A VACTOR 2100 IN_ TENT It is the intent. of this bequest for proposal (R);p) is to seek bids for the purchase of a Vactor Truck (Unit) suitable for the service demands of the City of Vernon Department of Community Services and Water. The Unit must be able to clean mainline sewers and/or storm drain catch basins in addition to reanoving thick sludge, bricks, broken pipe, rocks, leaves, etc. up to 22 feet below ground level. All installations shall be made in a neat and worimiarn-like manner and all equipment famished shall be of a standard manufacture. All work and material furnished sho11 be subject to the apprbval of the Director of Community Services and Water. The body, finish and fittings shall be the latest model, .shall not have been used in demonstrator or other service.and shall be factory standard in all respects not in conflict with the following specific requirements. Manufacturer's standard equipment and all devices necessary to comply with the State of California Vehicle Code, the California Administrative Code and the Federal Motor Vehicle Safety Standards shall be included. Vehicle must comply with all California Motor Vehicle Pollution Control Board Requirements. All vehicle(s) will be serviced, cleaned and ready for immediate operation when delivered. The Unit shall be capable of variable water pressure while maintaining full vacuum and air flow. Excfusivefy Industrial Due to high ambient temperatures and to assure long life, the Unit must be designed to operate at maximum performance levels with a minimum of 20% reserve horsepower. SERVICES CONTRACT A sample of the G`ity's Standard Agreement and Insurance Requirements the successful Proposer will be required to enter into with the City is attached hereto as Appendix "A'. Proposers are strongly advised to review all the terns and conditions of the sample contract. If the Proposer takes exception to any provision of the attached sample contract, the Proposer must specify each exception and give a detailed statement of why he takes exception to each ceita provision stated in the sample contract. The extent to which the Proposer_ takes_exception _to_ -the -L ity's contract willbe considered -and evaluated in the contract award. Submission of the proposing frnu's standard contract, as a part of the proposal will not be accepted. EQUIVALENT PRODUCT Bids will be accepted for consideration on any make or model that is equal or superior to the truck specified. Decisions of equivalency will be at the sole interpretation, of the City. A blanket statement that equipment proposed will meet all requirements will not be sufficient to establish equivalence. Original manufacturer's brochures of the proposed unit are to be submitted with the proposal_ All modifications made to the standard production unit described in the manufacturer's brochures must be certified by the manufacturer and submitted with the bid, or the bid will be deemed "non -responsive" and rejected without further review, The Proposer must be prepared to demonstrate a unit similar to the one proposed, if requested. INTERPRETATXONS In order to be fair to all Proposers, no oral interpretations will be given to any :Proposer as to the meaning of the specification documents or any part theareof. Every request for such a eonsideratiom shall be made in writing to the City of Vernon, Based upon such inquiry, the City may choose to issue an Addendum. GENERAL The specification herein, states the minimum requirements of the City. All bids must be regular in every respect. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The MY of Vernon will consider as "ittegular" or 'lionresponsive" any bid not prepared and submitted in accordance with the bid document and specification, or any bid lacking sufficient technical literature to eatable the Department to make a reasonable determination of compliance to the specification. It shall be the Proposers responsibility to carefully examine each item of the specification. Failureto offer a completed bid or failure to respond to each section of the tecluiical specification will cause the proposal to be rejected without review as "non -responsive". All variances, exceptions and/or deviations shall be fully described in the appropriate section. Deceit in responding to the specification will be cause for rejection. BID SPECM4 CATIONS C19ASSIS International 7500 SBA, 6x4 MISSION: Requested GVWR: 60000. DIMENSION: -Wheelbase: 236', cab to axle: 168.9' ; axle to frame: 98". ENGINE, DIESEL: (international MaxxForce 10) 50 Statc, 350 HP @ 2200 RPM, 350 lb-fi torque @ 1150-lb-ft torque, governed speed, #2 bell housing, 2007 emission package. TRANSMISSION, AUTOMATIC: (ALLISON 3000 RDS_P) 4th generation controls, close ratio, 6-speed with double overdrive, on/off hwy, includes oil level sensor, with PTO provision, less retarder, with 80,000-1b. GVW & GCW max. AXLE, FRONT NON DRIVING: (Meritor MFS-20- 133A) wide track, I-beam type, 20,000-lb capacity. AXLE, REAR, TANDEM: {Meritor RT-40-145P) Single reduction 40,000-1b capacity with cube oil pump and 200 wheel ends gear ratio: 5.29 CAB: Conventional. TIRE, FRONT: (2),425/65R22.5 XZ'Y-3 Michelin 465 rev/mile, load range, L, 20 ply, TIRE, REAR (8)11R22.5 RR-150 (Double Coin) 496 rev/ mile, load range, G, 14 ply. SUSPENSION, REAR, TANDEM: (Hendrickson RT403) Walking beans type 52" axle spacing; 40, 000-1b capacity, with rubber center bushings. AS SPECIFIED AS SPECIFIED AS SPECIFIED FRAME REINFORCEMENT: Outer "C" channel, heat treated alloy steel (120,000 PSI Yield); 10.8 13 " x 3.892 " x 0.312'; (274.6inm, x 98.9mm x 8.0rnm); 490.0" (12192mrn) maximum over all lengths. PAINT: Cab schematic 100GN winter white Base -chassis model 7500 SBA 6x4 with 236.0 wheelbase, 168.9" CA and 96.0" axle to !tame. FRAME RAILS: Heat treated alloy steel (120,000 PSI Yield);-10.125" x 3.580" x-0.312" (257.2mm x 90.9mm x 8.Omm); 480.0" (12192) maximum over all lengths. FRAME R,EINFORCEAaNT: Outer "C" channel, heat treated alloy steel (120,000 PSI yield); 10.813" x 3.892" x 0.312'; (274.6mm x 98.9mm x 8.0n xn); 480.0" (12192mm) maximum over all lengths. 13UMPLI R: Front steel, swept back. CROSSMEMBFF,, SUSPENSION: (1) 7-piece steel replacing (1) double dogbone, forward. WHEELBASE: Mange 221" (560cm) Through and including 262" (665cni). AXLE, FRONT NON -DRIVING: (Meritor MFS-20- 133A) Wide track, I-beam type, 20,000-lb capacity, SUSPENSION, FRONT, SPRING: Parabolic, taper lea,, 20,000-1b capacity with shock absorbers. BRAKE SYSTEM: Air; dual system for straight truck Applications. BRAKES, FRONT, AIR CANT: 16.5" X 6" Including 24 Square inches long stroke chambers. DRAIN VALVE) AUTOMATIC: (Bendix DV-2) with heater for air tank, AIR BRAKES AB, (Beadix Antilock Brake System) full vehicle wheel control system (4-channel). AS SPECIFIED ASUPECIFIED A I E IFIII' AIR DRYER: (Bendix AID-9) with heater. SLACK ADSUSTERS: Front automatic. SLACK ADJUSTERS: Rear automatic. BRAKE, REAIt, AjR CAM: 16.5" x 7.0".. Includes MGM TR 3030 long stroke brake chamber and heavy duty spring actuated parking brake. AIR COMPRESSOR: Mendix Tu-Flo 550) 13.2 &M. -STEERING-COLUMN: Tilting&telescoping, STEERING GEAR (2): (Sheppard M=100/M-80) Dual power. EXITA.UST SYSTEM: Single, vertioal, after treatment device frame mounted right side, includes vertical tail pipe and guard. MUFFLER/TAIL PIPE: (1) Bright stainless steel exhaust height 11'6". SWITCH FOR EX)EiAUST: 2 position, lighted and lAtching on/offtype, mounted in Ip, inhabits diesel particulate, filter regeneration as long as switch is in on position. ELECTRICAL SYSTEM: 12-Volt, standard equipment. ture); headlights (2) sealed beam halogen, 5" X 7" alternator (Leece-Neville *8LEP2172VAH brush type, 12 volt 110 Mp. capacity.pad mounted. BATTERY SYSTEMz Maintenance free (2)12-volt 1850CCA total. HORN: Air black, single tmmpet, air solenoid operated, mounted behind bumper on right rail. INDICATOR, LOW COOLANT LEVEL: With audible alann. STARTING IV,MOTOIL (Leese -Neville M130D) 12 volt; less thermal over -crank protection. AS SPECIFIED AS SPECIFIED SIIE CIRCUIT BREAKERS: Manual reset SAE type III with trip indicators. Replaces all fuels except for 5-amp fuses.. INSULATION: Under hood for sound abatement, GRILLE: Stationary chrome. INSULATION: Splash panels for sound abatement. FRONT END: 'tilting, fiberglass with 3-piece construction for 2007 emissions: PAINT SCHEMATIC: PT-1 single -color design 100. PAINT TYPE: Base coat/clear coat 1-2 tone. RADIATOR HOSES: Silicone, molded. ENGINE, DIESEL: (International Maxx Force 10) 50 State, 350 hp, 1150-lb-fl torque @ 1200 rpm 22000 rpm goverened speed, #2 bell housing. FAN DRIM (Horton drivernaster) "two speed" direct drive with residual torque device for disengaged fan speed. RADIATOR cross flow, series system,; 1228 square inches aluminum radiator core and 1167 square inches charge air cooler. AIR CLEANER: Dual element. THROTTLE, HAND CONTROL: Engine speed control, electronic stationery, variable speed, mounted on steering wheel. FEDERAL EMISSIONS 2008: For Intonational MaxxForce 9 & 10 engines. ENGINE CONTROL: Remote mounted provision Including wiring for body builder Installation of PTO controls with ignition switch control for international post 2007 emissions electronic engines. EXPANDED ENGINE TEMP EFFECTS: To allow higher engine operating temperature range, includes nylon surge tank and 15 PSI pressure cap. TRANSMISSION, AUTOMATIC: (Allison 3000 RDSP) 41h generation controls, close ratio, 6-speed with double overdrive; on/off hwy includes oil level sensor with PTO provision, less retarder P ,with S0, 000-1b GV W and CrCW max. OIL, COOLER Auto transmission water to oil, for Allison 3000 & 4000 series transmission. TRANSMISSION DIPSTICK: Relocated to right side of transmission. OIL: (Castrol TranSynd) synthetic. ALLISON SPARE INPUT/OUTPUT: For rugged duty scnos (RDS), airport refuelcr and sewer evacuation. 13USHIN'GS: Equalizer bead bronze center bushings for Hendrickson suspension. .AXLE, REAR, TANDEM: (Meritor RT-40-145P) single reduction 40,000-lb. capacity with lube oil pump and 200 wheel ends. SUSPENSION, REAR TANDEM: (Hendrickson RT403) walking beam type 52" axle spacing; 40,000-lb capacity with rubber center bushings. SUSPENSIONMAR-AXEL IDENTITY: For Mentor (Rockwell) tandem rear axles with bar -pin beam attachment type suspensions. FUEL TANK: (2) top draw; D style, non polished aluminium, 70 US gal, 265L, total capacity 140 US gal. PUELfWATER SEPARATOR: With filter restriction/change indicator, includes standard equipment and water -•in -fuel separator: CAD: Conventional. HEATER ROSES: Silicone. GAUGE CLUSTER:1?nglish electronic speedometer. GAUGE, OIL TEMP, ALLISON TRAINS GAUGE, AIR CLEANER. RESTRICTION: (Filter minder) with black bezel mounted in instrument panel. TP CLUSTER DISPLAY: On board diagnostics display of :fault codes in gauge cluster. SEAT DRIVER: Air suspension, high back with integral headrest, vinyl, isolated with 2- position front cushion adjustment -3 to +14 degree seat back adjustment, single chamber air lumber support. SEAT, PASSENGER: Non suspension, high back with integral headrest, vinyl with fixed back. GRAB HANDLE: (2) Chrome towel bar type with anti - slip rubber ;for cab entry mounted left and right. MIRRORS- Rectangular breakaway type with 10211 pC3 wide spacbag, witb 7.44" sq convex both sides with all heated heads, and thermostatically controlled. CAB SOUND INSULATION: Shall include dash insulator and engine cover insulator. INSTRUMENT PANEL CENTER: Section., flat panel. AIR CONDITIONER: International blend -air with integral heater and defroster. FRESH AIR FILTER: For HVAC. STORAGE POCKET, DOOR: Molded plastic, full width mounted on passenger door. CAB INTERIOR TRIM: Deluxe. CAB REAP. SUSPENSION: Air bag type. VYMELS: Front disc 22.56" painted steel, 10-stud hub piloted, flanged nut, metric mount 12.25 DC rims with steel hubs. WHEELS: Rear dual disc 22.5" painted steel, 2 hub piloted, flange -nut, metric mount, with steel hubs (8) TIRE, REAR IIR22.5 RR150 Double Coin 496 rev/mile, load range Gr 14 ply A'��"y"' (2) TDU, FRONT, 42 5.65R22.5 XZY-3 (Michelin) 465 rev/mile, load range L, 20 ply CATCH 13A,SIN CLEANING SYSTEM - POSITIVE DISPLACEMENT BLOWER � QQ pp �Cv3 Y F pIl�LI .� 1YLAP� �Y �ItL'C :� Yi i-.._ �} :(•2::Y To be capable of conveyance of wet, slurryand submerged materials. Positive displacement blower must operate completely independent of water pump pressure and flow. The blower will be a Roots Model 624-RCS capable of 45000 CFM while_ simultaneously -developing _ 16" -HG. The blower shall have a maximum speed of 2250 RPM to minimize maintenance and external noise. A performance curve from the blower manufacturer will be supplied with proposal. Drive by means of transfer case from chassis engine. Transfer case to be connected to positive displacement blower by drive shaft without the use of belts or -hydrostatic drives. Engagement by means of air shift mechanism. No exceptions. Please state how blower is driven. A hot shift blower drive system (in lieu of standard) shall be supplied and include transfer case, air shift; control, vacuum relief, and front control for blower engagement. Intake tube size - 8" inside diameter. Adequate hoses to clean to a depth of 22' below grade level. All extension tubes to be aluminum tube. A serrated catch basin nozzle shall be provided. Connections of extension pipes to be adjustable over -center type clamps, Adequate clamps shall be supplied. A formed steel elbow shall be used as the transition from vertical to horizontal. Additional heavy duty steel tube to be used horizontally to eliminate wear. • A minimum amount of flex hose shall be used to reduce weight and increase life. Vertical section to be flexible hose approx. 5 1/2' in length. Boom Support for Vacuum Tube Tvoe of Mechanism Front mount with hydraulic power up, down and hydraulic rotation by hydraulic cylinder(s). Boom to have provisions for manual over hydraulic operation in emergency situation. Boom and hose will release • from debris tank when dumped to aid in clemihig. Rear loading booms are unacceptable. All bydraulic components to be mounted below top of body to protect them from damage. Rotation: 180 degrees miniinurn: Lift: _1:6' 6".vertical: Lift Capacity: 700 pounds minimum. Reach: Vacuum hose shall be able to reach a minimum of 23' from vehicle center -line or 15' from edge of vehicle. Hydraulic System: Power to be supplied by means of�'b engine driven pump with minimum capacity of 8 GPM - main hydraulic tank will be used as supply source for hydraulic pump. Hydraulic Telescoping 13oom: The vacuum pick-up hose boom shall be provided with an extendable section that will provide an additional (8) feet of extension to the standard boom. The system shall consist of a fully enclosed and protected hydraulic cylinder with controls located for convenient operator access. An inner sliding sleeve 8 inch hose assembly incorporating water and air tight end seals to allow for a telescoping effect'of the vacuum hose shall be provided.. heavy duty 8 inch formed steel elbow shall be provided as the transition piece from vertical to horizontal direction of vacuum hose. The boom movement shall be controlled by a handheld r,., pendant control. The control will include self centering a s�-T-;��rr{��� switches for all functions of the boom movement. Au additional joystick style control will be pennanently installed on _the,hose reel. Boom controls shall include an emergency stop button to halt all boom movement in case of emergency. The boom shall also have a cordless pendant control to. control boom functions when operator is within 50' of the truck. Work lights shall be installed on the boom, �1� n Air filtration gravity with expanded metal steel screen or'' ' f''^ 1 y°J acceptable equal. Tank body capacity: Ten (10) cubic yards. Material_construction:_10_yard capacity 3/16" abrasion and corrosion resistant steel "Ex -Ten" or equal. Load discharge. A single front mount 6" multiple stage hydraulic body dump cylinder. Body duinp hoist will lift to 50 degrees to thoroughly discharge all contents of debris tank. Dump cylinder to be power up and power down type, Hoist to be powered by chassis driven pump. Controls for dump to be located at forward part of body out of way of discharging debris. Liquid level indicator needle indicator by internal float. Stainless steel and brass construction for dependable operation. With audible alarm when debris tank is full. Dual 10" stainless steel ball floats, cage and screen shall be located in each outlet to the vacuum source to automatically stop the airflow to the body shall be supplied. It shall be mounted internally and shall fall free in a cage suspended from the exit air opening. All electrical .routing -an debris tank to be protected by and run in conduit. All lighting to be rubber insulated and all connections completely air tight "Trucklitc" or. equivalent. Discharge Gate - 1/4" thick steel tailgate, 3/4 opening, circular, top hinged. Door to be equipped with permanently affixed door prop. Door to be of a design that will not allow it to make contact with the ground when in the full 50 degree dump position. Hydraulic door lock mechanism shall be provided. The system shall be operated from the side of'the truck. The system shall be designed as a sequential door grabber to engage locks without manual latches or screws requiring manual latching or loosening ARS prior to door lock activation. System to be designed as a failsafe system - if hydraulic pressure or system failure is experienced the door lock mechanism will remain locked, The rear door shall be hydraulically opened and closed. Controls shall be located curbside of the truck. Gasket Rear Door - Neoprene replaceable 2" diameter minimum. Two (2) work lights to be located on the rear door. Tank Drain - Tank to be equipped with, a rear drain of minimum size of a 6" butterfly valve with plastic coated fabric hose of 10' in length. A standard pipe assembly shall be used fdr discharge of liquid. A 6" de -watering system shall be installed at the rear door and shall be mounted as low as possible. This system shall include an internal drain pipe with frill screen, air operated knife type shutoff valve and a 10' x 6" lay flat drain hose with Canxloc couplers located curbside outside the debris body. The debris tank shall have- a hydraulic pump off system rated at a minimum of 450 GPM. It shall be located in the inside front of the debris tank and shall be plumbed to the from bumper. Units that have a pump off" system mounted to the rear door shall be deemed unacceptable. The interior of the debris tank will be washed by a permanently installed spray nozzle assembly. Nozzles will allow for a flow of up to 80 GPM for thorough cleaning. Controls for spray nozzles will be located behind the cab, well forward of discharging debris. A splash shield will be located at bottom of rear door opening to keep rear bumper clear of discharging debris. The system will be designed to not make contact with the ground during dump operations. An electrically activated, air operated, 4" butterfly valve shall be located.prior to the blower inlet. This relief valve shall be manually activated at the front workstation with indicator light or the pendant control. This allows the venting of the debris tank to atmosphere and relieves EA � ..t.! ..." �* •:�, .� ^fir , '� � �. vacuum at the debris intake hose. The vacuum relief shall be tied in to the debris body full alarm so it opens and stops vacuuming when debris body is full. WATER SYSTEM - HIGH PRESSURE JETTING POSITIVE DISPLACEMENT PUMP (80 GPM @ 2500 PSn Positive displacement pump to be completely independent of vacuum negative pressure or air volume. Pump to.be run and controlled hydraulically. The unit will be capable of full vacuum operation while simultaneously -v_aiying-the water flow throughout its operating range. -Please, state how water pump is driven. The hot shift power take off shall engage the hydraulic pump but not the water pump to eliminate unnecessary high pressure ball valve by-pass and water pump . wear. All controls for stopping water pump and flow shall be at the hose reel. t D . The rated design capacity of the high pressure water pump = �� „^* ,r shall be 100 GPM and 2500 f G _ PSI. This capacity shall insure~:�"-�-�:'�, long pump life. A certification by the pump manufacturer for continuous duty shall be provided. Pump will deliver 80 GPM at nozzle, The hydraulic pump and water pump shall be sized to allow the water system to operate with 80 GPM at 2,500 PSI continuous duty operation. The water pump shall cycle approximately every 4%2 seconds. This pump cycle shall provide an automatic "Jack hammer" action in the hose to assist the nozzle in breaking through obstructions. Water pump to be equipped with a nitrogen charged (^l accumulator to allow for smooth operation of water pressure or a jack hammer action.. A valve shall • be '� 1 installed to supply on demand jack hammer action. Accumulator must be rated to work at 1200-1 B00 PSI, The water pump location shall provide a flooded suction inlet to eliminate potential cavitation damage. The high pressure water pump will be designed so no damage will occur if run at maximum 1ZPM without water for 30 minutes. A certification by the original water pump manufacturer to operate in such a manner shall be provided. The water pump shall have a 1" relief valve to protect the pump from damage. The water pump will be used to purge residual water out of the water system by pumping air through entire water system. Drain plugs will be provided in the bottom section of the water pump. for complete cold weather draining. Pump hydraulic system shall consist of a P.T.O. driven Vickers 35 20-V or equal hydraulic pump. Hydraulic tank to be 70 gallon and will incorporate a•water to oil cooler and 10 micron replaceable oil filter. Gate'valves shall be installed to permit the servicing of the hydraulic system. A valve shall be located at the hydraulic pump suction lime, return line and oil filter. Pump driven components including all shafts, packing, seals and control mechanisms shall be operated in a. lubricating liquid. Systems which require daily or frequent lubrication are not acceptable. Due to .high ambient temperatures and abrasive environments, systems utilizing belts, skives and bearings are not acceptable. The water pump shall have two drain valves (ball valves) to drain any dirt or sediment back from tank. Pump manufacturer's pump specifications curve and literature shall be included in bid package. Water pump to have a five (5) year warranty on parts and labor. Pump' to be supplied with a 3" diameter "Y" type strainer filter prior to pump. Filter shall be supplied with two (2) filter inserts, (1) installed and (1) spare shipped loose. The jet rodder pwnp is to be equipped with a hydraulically driven system that allows the operator, by changing nozzles and using a dial control on the hose reel, to vary flows and pressures independently of each other through the entire A S S P E C� A kid Wa P E C", [i ti�"�' =f 4 ..-- range of the water delivery system described herein. This system must be in addition to the normal configuration of the pump; this feature must depend fully upon an addition to the standard pump configuration and fully depend upon an additional element to the hydraulic drive configuration of the pump supplied. Mere change of nozzles or the use of?_3;n manually manipulated ball valves will be deemed'' ----- unacceptable. Finally, this system will be operable with a minimum V diameter jet. rodding hose that meets all required operating pressure and burst strength standards set forth in this specification. AFRO -STYLE TMESCOFIC I ROTATING HOSE REEL Dose reel shall be mounted on front of truck. No exceptions. The hose reel assembly must be mounted on an independent telescoping frame that can be removed from brackets and attached permanently to the train truck frame Members. The reel is to afford excellent visibility on the latest truck models; therefore, the overall installed height of the assembly cannot exceed 67" with a minimum, ground clearance of 14". Bose reel shall have a minimum capacity of 800' of 1" I.D. rodder hose. A hydraulic motor shall drive loose reel. The motor shall control the reel_ speed and forward or reverse rotation. The hose reel drive shall be capable of retraction of the high pressure hose and nozzle at full pressure and full flow through 800' of hose. The front mounted hose reel shall telescope a minimum of 1s" on a heavy-duty bronze bushing. The .entire hose reel assembly .shall rotate on a large diameter ball bearing a minimum of 270 degrees. The 270 degrees shall consist of 135 degrees on each side of center line of the reel... The hose roe] shall rotate• about the reel assembly center line so the reel shall never extend beyond the truck width. For safety reasons no retractable foot or leg shall be required for support or stabilization: The hose reel shall include a paeumatieally actuated lock, whiclt shalt positively lock the reel in any position across its operating range. � A removable aluminum cover will be installed over all hose ASS,, drive mechanisms.~ The hose reel shall have an automatic wind guide to automatically wand. the 800" hose back onto the reel. This item shall also include a pinch. roller to keep the hose tight to -the reel. - AFRO -STYLE TELE / ROTATING HOSE REEL CONTROLS , Controls shall be supplied on each side of the hose. reel allowing operator to work off of either side of the Unit for safety purposes. The controls shall include the following: Hose. reel telescope with retract switches. Pneumatically operated reel rotation lock - High pressure gauges, Directional control valves with speed control. Pump on/off switch. Throttle control - any other controls necessary for operation of high-pressure hose. Dual reel directional controls. Blower controls (Hot shin blower). ,Multi ,flow control knob. ' � :--�. ,a a -mot �;�-, q^ , n ^-- � -, -•� Dual pump control for -handgun. All controls to be clearly marked with function. Work light located at the operator station. A light will be mounted under the hose reel to illuminate the manhole area The unit shall have an accu-count footage counter to digitally count hose reel footage. This is in addition to the standard footage counter. TANK - FRESH WATER Tank(s) shall have a low center of gravity design. Capacity -1,'500 gallons, minimum. There shall be no'coinmon walls with debris tank. An approved anti -siphon system shall be supplied. The filler pipe must be a minimum of 2 times the filler pipe diameter as the distance from the fill hose to the water tank. Proposer to state vertical and horizontal center of gravity in worst case working conditions. Tank(s) to be manufactured of aluminum or stainless steel and shall be cylindrical in design. Plastic tanks are unacceptable. Tank capacity to be 100% useable and certification of tank capacity shall be included. Water tank to be equipped with a low water alarm with warning light. Water tank to have a ten (10) year warranty. HOSE Continuous 800' feet (no splices). �",13 x•f�S :11y�9 rrn'Y'�:s� /�wq �y� � 1W!?� o-..�.�.r�i:Jrl �.�`..�lT �.•� i�...�F�...-.....�f .�. Inside diameter I". Operating pressure - 2,500 PSL No exception. 7. AS Burst pressure - 6,250 pounds. No excoption. Hose shall be certified as to "field swage" ability. Local vendor stock must contain ample inventory of these fittings at all times. HANDGUN Capacity-- 20 GPM, 600 PSI maximum for safety.-- Gun to have two handles for operator safety and to reduce fatigue and shall include 50 feet of 1/2" hose. Deadman controls. Quick disconnects both at front and rear of unit with system on/off valve at front. Spring, retractable hose reel located curbside at mid ship of unit. ACCESSORIES AND ADDITIONAL EQUIPMMNT Lower hose guide. Tank fill hose: 2-1/2" x 15'hose with swivel end fittings. Hose reel shall have a 2-way reading footage meter which shall continuously display the footage of the hose, Nozzles: One.each 15 degrees blockage type, 35 degrees standard. Hardened to 50 Rockwell. Nozzles to have Tungsten carbide inserts to increase life. Tube racks: shall be attached to unit to conveniently carry extension tubes. Tube access will be installed from ground level. A folding, swing down bracket rdomited to the curbside and street side of debris body to store aluminwn vacuum tubes. Equipment storage: Lockable tool box, side mount 36" x ... . ........ . . 1611 x 14" (Dimensions are approximate). An additional two aluminum tool boxs, 36" x 18" x 18" shall be located on the street side of the truck (Dimensions are approximate) to be supplied. Actual dimensions -and location to be determined. 18 The Unit shall have a hydro -excavation package. This will include a 15' W' hose retractable hose reel located at the front bumper. It shall incorporate the high pressure water pump to put oat 10 GPM @ 2500 PSI. Circuit breakers shall be provided with labels and schematics. Adjustable hydrant wrench shall be included with Unit. A hand-held spotlight, one piece molded black neoprene pistol grip type shall be supplied and shall include a 110;000 candlepower' and--100 watt-13 volt - scaled beam bulb. Please include a SVQ — 25' coiled cord with 12 volt plug in connector. The Unit shall have side skirts located above the rear tandem tires, A safety cone storage rack shall .be supplied at rear of unit. (4) Tool tubes shall be mounted on headache bar. (2) Tool tubes (.PVC) to be mounted between debris and water tanks. Front and rear tow hook sets shall be supplied. VAINUNG Complete Unit cleaned with all weld slag removed. Cleaning to be in keeping with good and accepted industry practices. A good high grade polyurethane primer shall be applied followed by a finish coat of high quality Iinron polyurethane paint. All paint shall be properly applied and cured in accordance with manufaetwer's recommended procedures. Frame to be painted black, Balance of truck and body to be primed and painted white to match cab. Water tanks to be natural aluminum finish. The tank surface on the back end of the truck shall have reflective tape with a diagonal chevron type pattern. 19 SAMI TY DEVICES Fire extinguisher with standard spring clip bracket shall be installed in cab. Must comply with UL rating 10 ABC. Unit shall have mid body turn signals. Unit shall have LED clearance, back-up, tail & turn. SAFETY LIGWING: Whelen Light Package LED (4) - LED Corner strobes - 2 front fender (HA238C), - _ 2-__ rear _ side_ (4E ORTZ.r_ _ Grilimaster _ with 402000,AU linear strobes). (1) LED Front mounted directional Arrowstick (1) LED hear mounted TA 870L 72" Arrowstick w/ control in cab. Grip handles and grip pads will be supplied wherever any climbing is required. Cab protection by means of heavy duty 2" square tubing running the width of the cab mounted to cleaning unit. Cab attachment not acceptable. A Preco 1040, self adjusting, rear mounted back up alarm is to be mounted and activated automatically upon backing unit. Two (2) complete parts, operating and maintenance manuals for sewer equipment. Parts manual wOl be professionally prepared and have detailed description of all body components. parts book will be dated and serialized to the individual unit being purchased. Due to manufacturer's changes in designs, any parts book which is published more than six (6) months prior to unit production will require approval prior to delivery and payment. Pre -production Meeting- A meeting between manufacturer and city will be arranged after award to finalize all mounting locations and installation details. Detailed line drawings will be supplied by manufacturer to identify all details. Back Up Camera System & Monitor - Truck shall be equipped with factory installed Back Up Camera System, lntec Model CVC 470 HXL and include a sun shield, 20 weather proofing, and mounted utilizing vibration and shock resistant mounts. Monitor — Model CVM 640 LCD with 6.8" color picture measured diagonally. The monitor shall automatically switch to rear-view camera when truck transmission is. shifted into reverse gear. Monitor controls shall include automatic on, day/night sensitivity switch. Monitor shall be on an adjustable base to pennit easy viewing and it shall have a sunshield. Please include Cable, Model CVXLP21MA, 65' in length ' WARRANTY - Standard new vehicle warranty.- CONTRACT . The vendor shall be required to execute a vehicle purchase agreement in substantially the same form as the draft contract attached hereto, i DELIV RY Acceptance shall be subject to the inspection and approval of the City of Vernon. Puce: 322,765.00 Tax: 26, 628.11 Total Cost: 349, 393. ]1 Submitted by: Matt I�Mincb/Haaker Equipment Company Address:2070 N. White Avenue, La_.Verne CA 91750 Signature: i 21 NY FEB-12-2008 22:41 HRAKER EQUIP GOMPA 2070 N. Write Avenue HAAKER La Verne CA 91750 TOTAL a:• ; .. 909 598-2706 Fax: 909 598-1427 Ter._ DF-13BY NICKENS PhM+am: M�1T1' MUIIV P-1 _._,.• ,..� w� . _ ,_ Fax." 323826-1433 ; Pa ---Phoney 2113/08 - Re: INFORMATION ON QUOTE © Urgent 0 For ReVieW Q please Comment Ca l�legs�r Ri M�v CJ•. Yea w y�ste • Comments: Ms. Nickens, This is to advise you that the price quoted to the city of Vernon On the V610r%unit; .irlcicitl�tis �41i trdirrinq: required by the City —to include Mechanics and Operotion,a training. If you have any additional questions or concerns, pl�gw do: not tie,;j1:4te t,o ixintact u�, ; ... Matt Muinchl5ale6. Repres'entativ : 909 721-7639 TOTAL P.01 02/13/08 WED 10:34 [TX/RX NO 53871 IZ00 EXHIBIT B EXHIBIT B Form Change Order CHANGE Contract Number: Change Number: The requirements of the above -designated Agreement are changed as follows: City and Contractor agree that Contractor's compensation shall be adjusted as follows: City and Contractor agree that Contractor's schedule shall be adjusted as follows: This adjustment covers the entire compensation for the Change set forth above and includes, but is not limited to compensation for all engineering, material, equipment, subcontracts, labor, overhead, profit, changes in scheduling and delays resulting, directly or indirectly, from the Change, as further detailed in the Agreement. Contractor: City: Haaker Equipment Company City of Vernon By By Date Date INSTRUCTIONS TO CONTRACTOR Contract Number: Instruction to Contractor: Date: Specific Instructions to Contractor: In accordance with the Terms and Conditions of the Agreement, the City classifies these instructions as: Supplementary instructions, not involving a Change (Should these instructions be, in the opinion of Contractor, a "Change", written notice thereof must be given to City within 10 days of the receipt)of these instructions. If such written notice is given, Contractor shall not commence with the work so ordered until written agreement is reached on the classification of these instructions and on the resulting adjustment in contract compensation, if any.) In the event that City and Contractor fail to agree on the classification of these instructions or resulting adjustment in contract compensation, if any, refer to the Changes Section of the Agreement. A Change (Contractor shall, within 10 days of the receipt of these instructions, furnish City a statement of its proposal for adjustment in contract compensation occasioned hereby. Contractor shall not commence with the work so ordered until written agreement is reached on the resulting adjustment in contract compensation, if any.) In the event that City and Contractor fail to agree on the classification of these instructions or resulting adjustments in contract compensation, if any, refer to the Changes Sections of the Agreement. City Representative Please acknowledge receipt of this instruction by returning one copy signed in the space provided below. Contractor's signature hereon does not indicate his acceptance of the classification assigned hereto by City. Contractor's Representative Date Date 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 June 3, 2008 Haaker Equipment Company ATTN: Matt Muinch 2070 N. White Avenue La Verne, CA 91750 Re: Purchase and Services Agreement - Vactor Truck Dear Mr. Muinch: The insurance requirements have been met. Transmitted herewith is a fully executed agreement as referenced above, approved by City Council on February 19, 2008, through Resolution No. 9519. If you have any questions regarding this matter, please call Mr. Kevin Wilson at 323/583-8811 ext. 245. Very truly yours, 4 Nelly i on City Clerk NG:dr c: S. Kevin Wilson Dolores Jaunzemis Resolution No. 9519 Agreement File No. 08-021 E.�c(usivefy Industfiaf Sentry S ' e1pat Xnsurance CompatLy (Automobile Liability, Exce'ss Liability, anti Wotkerl's Cbmpensat ion CoVeraige) This concerns the porchO of (1) 2100 PLC' Vactor'Truck and training for the Waxehouse Personnel. W� / Y. r OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 February 13, 2008 -VIA FEDERAL EXPRESS Matt Muinch, Sales Representative Haaker Equipment Company 2070 N. White Avenue La Verne, CA 91750 Re: Equipment Purchase and Services Agreement Dear Matt: Enclosed please find two duplicate originals of the aforementioned Agreement, which need to be signed by the appropriate parties and returned to the City, to the attention of Judy Lehr, Legal Department, as soon as possible. Once -the originals are executed by the City, one fully executed original will be returned to you for your files. Please refer to the enclosed "City of Vernon Signature Requirements for a Corporation for All City Agreements and Contracts" and comply with the requirements set forth therein. SincerelVney Ul. A. ity Att JH:em Enclosures cc: Ms. Nelly Giron, City Clerk (w/o encls.) Excfusivefy Industrial