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HomeMy WebLinkAbout16- Public Services ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Randy Kuettle, Acting Director Subject: A Resolution of the Mayor and Common Council of the City of San Dept: Public Services Bernardino authorizing the execution of an agreement and issuance of a Date: February 3, 2010 purchase order in the amount of $428,048.37 to Fairview Ford of San Bernardino for the purchase of one (1) Vac-Con V311 LHA/1300 Jet Rodder truck to be utilized by the Public Services Department Street Division Sewer crew. Meeting Date: March 1, 2010 Synopsis of Previous Council Action: Reso 2007-181 6/4/2007 Approved purchase of one Vactor 2110 RCS Jet Rodder truck from Crest Chevrolet. Reso 2007-455 11/19/07 Approved purchase of one Vactor 2110 RCS Jet Rodder truck from Crest Chevrolet. Recommended Motion: Adopt Resolution Si nature Contact person: Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Ward: All Quotes, Specifications, Agreement, Resolution. FUNDING REQUIREMENTS: Amount: $428,048.37 Source: 132-431-5701 Motor Vehicles Finance/ ` Cou cil Notes: ��' Aos- 1t EJ�Nr�p - ,�6/, e� Eeu�css Tb 7-01,0 TNT t �M 5 Agenda Item No. 3-1-2010 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $428,048.37 to Fairview Ford of San Bernardino for the purchase of one (1) Vac-Con V311 LHA/1300 Jet Rodder truck to be utilized by the Public Services Department Street Division Sewer crew. Background: The Public Services Department, Street Division Sewer crew currently utilizes unit #549 a 1989 Ford Vac-Con Rodder truck with 216,171 miles to clean storm drains. This vehicle is scheduled to be replaced in FY 2009/2010 and the funds are budgeted in Account Number 132-431-5701 (Motor Vehicles). This unit has reached its economic life and has become too costly to operate. Therefore, it will be placed in surplus for auction. The Street Division currently has six (6) rodder trucks including the 1989 Ford Vac-Con Rodder truck. The 1989 Ford Vac-Con Rodder truck is unique, as it is the only truck with a fan unit that is used to clean storm drains. All other sewer vehicles have blowers on the trucks that are used to the clean sewer lines. If this unit is not replaced, staff will be unable to clean storm drains. The new Vac-Con Jet Rodder truck will be equipped with a fan unit. Notices for bid # RFQ F-10-07 were sent to seven (7) vendors, the San Bernardino Area Chamber of Commerce, advertised on the City's Web Page and in the San Bernardino County Sun Newspaper. Three bids were received as follows, see Attachment 1: Vendor Location Quote LA Freightliner Fontana $423,411.59 Municipal Maint. Equipment Sacramento $422,533.05 Haaker Equipment La Verne $455,429.25 Staff reviewed the three bids and determined that the LA Freightliner bid offered an option for additional fuel capacity for an additional $3,742.00. It was determined that the Vac-Con V311 LHA/1300 Jet Rodder mounted on a 2010 Autocar ACX64 CNG (Compressed Natural Gas) chassis from LA Freightliner was the best unit for the City. This unit complies with SCAQMD Rule #1196 "Clean on-road heavy-duty public fleet vehicles'. Due to the specialized nature of this equipment there are no local vendors able to supply it. However, Fairview Ford of San Bernardino has agreed to act on the City's behalf as a purchasing agent to keep the point of sale and subsequent sales tax revenue in the City. A $450.00 Doc & Handling fee will be paid to Fairview Ford for this service and is not part of the formal bid package. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report-Continued The vehicle and subsequent build-up will be purchased through Fairview Ford for a total amount of $428,048.37 including tax. Fairview will use sub-contractors, LA Freightliner of Fontana and Municipal Maintenance Equipment Company of Sacramento CA. for the build-up of the specialized equipment to meet the Public Services Department specifications. Attached for your review is the quote from Fairview Ford and the technical specifications delineating the model, parts, and warranty for the Vac-Con V311 LHA/1300 Jet Rodder Truck, (See attachment 2). Financial Impact: Funds for this purchase is available in FY2009/2010 Account Number 132-431-5701 (Motor Vehicles). Recommendation: Adopt Resolution. 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $428,048.37 TO 4 FAIRVIEW FORD OF SAN BERNARDINO FOR THE PURCHASE OF ONE (1) VAC- CON V311LHA/1300 JET RODDER TRUCK TO BE UTILIZED BY THE PUBLIC 5 SERVICES DEPARTMENT STREET DIVISION SEWER CREW. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager of the City of San Bernardino is hereby 9 authorized to execute on behalf of said City an Agreement between the City of San 10 Bernardino and Fairview Ford, a copy of which is attached hereto, marked Exhibit "A" 11 and incorporated herein by reference as fully as though set forth at length. 12 SECTION 2. That Fairview Ford has offered a purchase price of $428,048.37 13 including tax pursuant to RFQ F-10-07 for the purchase of one (1) Vac-Con 14 15 V311 LHA/1300 Jet Rodder truck. Pursuant to this determination the Finance Director 16 is hereby authorized to issue a purchase order to Fairview Ford of San Bernardino, in 17 the amount of $428,048.37, which will facilitate the procurement of the Vac-Con 18 V311 LHA/1300 Jet Rodder truck. 19 SECTION 3. The Purchase Order shall reference this Resolution Number and 20 shall read, "Purchase of one (1) Vac-Con V311 LHA/1300 Jet Rodder truck, P.O. not to 21 exceed $428,048.37" and shall incorporate the terms and conditions of the Agreement. 22 23 24 25 3 - I-/ v 26 27 f�j 28 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $428,048.37 TO 3 FAIRVIEW FORD OF SAN BERNARDINO FOR THE PURCHASE OF ONE (1) VAC. 4 CON V311LHA/1300 JET RODDER TRUCK TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER CREW. 5 SECTION 4. The authorization to execute the above referenced Purchase 6 7 Order and agreement is rescinded if not issued within sixty (60) days of the passage of 8 this resolution. 9 Ill 10 111 11 111 12 111 13 111 14 15 Ill 16 111 17 18 111 19 111 20 21 22 Ill 23 24 25 26 27 28 I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $428,048.37 TO 3 FAIRVIEW FORD OF SAN BERNARDINO FOR THE PURCHASE OF ONE (1) VAC- 4 CON V311 LHA/1300 JET RODDER TRUCK TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER CREW. 5 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 7 Mayor and Common Council of the City of San Bernardino at a 8 meeting thereof, held on the day of 2010, by the 9 following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 15 SHORETT 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of 22 12010, 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 Approved as to form: 26 27 James F. Penman, City Attorney City Attorney's Office declined to 28 sign this document. 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 1st day of March 2010, by and 3 between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San 4 Bernardino'). 5 WITNESSETH: 6 7 WHEREAS, the Mayor and Common Council has determined that it is advantageous 8 and in the best interest of the CITY to contract for the purchase of a 2010 Vac-Con 9 V311 LHA/1300 Jet Rodder truck; and 10 WHEREAS, the City of San Bernardino did solicit and accept quotes from available 11 vendors for the purchase of a 2010 Vac-Con V311LHA/1300 Jet Rodder truck; and, 12 NOW,THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 15 For the remuneration stipulated, San Bernardino hereby engages the services of 16 VENDOR to provide those products and services as set forth in its quote, a copy of which is 17 attached hereto as Attachment"1" and incorporated by this reference. 18 2. COMPENSATION AND EXPENSES. 19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 20 pay the VENDOR up to the amount of$428,048.37, for the purchase of a 2010 Vac- 21 22 Con V311LHA/1300 Jet Rodder truck. 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 24 3. TERM; TERMINATION. 25 The term of this agreement shall be for one year. 26 This Agreement may be terminated at any time by thirty (30) days prior written notice 27 by either party. The terms of this Agreement shall remain in force unless amended by written 28 Exhibit "A" 1 1 agreement of the parties executed on or before date of expiration of current term of the 2 agreement. 3 4. WARRANTY 4 5 Vendor expressly warrants that all products and services supplied to City by Vendor 6 under this Agreement shall conform to the specifications, drawings or other description upon 7 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, 8 of good material and workmanship, free from defects and fee and clear of all liens or 9 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect 10 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, 11 12 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or 13 services not conforming to the foregoing warranty without expense to the City, when notified 14 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- 15 conforming goods or services promptly, City may, after reasonable notice to Vendor, make 16 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for 17 purposes of this section shall not be deemed to require more than 60 calendars days notice 18 19 before commencement of efforts by the City to effect cover or a cure except upon written 20 agreement of the Parties. 21 5. INDEMNITY. 22 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 23 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 24 any kind and nature arising from bodily injury, including death, or property damage, based or 25 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 26 27 subcontractors, relating to or in any way connected with the accomplishment of the work or 28 Exhibit"A" 2 1 performance of service under this Agreement, unless the bodily injury or property damage was 2 actually caused by the sole negligence of the City, its elected officials, employees, agents or 3 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 4 own expense, including attorney's fees the Cit Y. its elected officials, employees, agents or 5 representatives from any and all legal actions based upon such actual or alleged acts or 6 omissions. Vendor hereby waives any and all rights to any types of express or implied 7 8 indemnity against the City, its elected officials, employees, agents or representatives, with 9 respect to third party claims against the Vendor relating to or in any way connected with the 10 accomplishment of the work or performance of services under this Agreement. 11 6. INSURANCE. 12 While not restricting or limiting the foregoing, during the term of this Agreement, 13 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 14 15 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 16 w'orker's compensation coverage, and shall file copies of said policies with the CITY's Risk 17 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 18 additional named insured in each policy of insurance provided hereunder. The Certificate of 19 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 20 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 21 22 change or termination of policy. 23 7. NON-DISCRIMINATION. 24 In the performance of this Agreement and in the hiring and recruitment of employees, 25 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 26 discrimination in employment of persons because of their race, religion, color, national origin, 27 28 Exhibit"A" 3 1 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 2 sexual orientation, or any other status protected by law. 3 8. INDEPENDENT CONTRACTOR. 4 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 5 purposes VENDOR shall be an independent contractor and not an agent or employee of the 6 7 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 8 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment g Compensation, and other payroll deductions for VENDOR and its officers, agents, and 10 employees, and all business licenses, if any are required, in connection with the services to be 11 performed hereunder. 12 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 15 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 16 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 17 to practice its business or profession. 18 NOTICES. 19 Any notices to be given pursuant to this Agreement shall be deposited with the United 20 States Postal Service,postage prepaid and addressed as follows: 21 TO THE CITY: Public Services Director 22 300 North"D" Street 23 San Bernardino, CA 92418 Telephone: (909) 384-5140 24 TO THE VENDOR: Fairview Ford Sales Inc. 25 808 West 2nd Street 26 San Bernardino, CA 92412-5516 Telephone: (909) 386-0281 27 Attn: Todd Eff 28 Exhibit"A" 4 1 10. ATTORNEYS' FEES. 2 hi the event that litigation is brought by any party in connection with this Agreement, 3 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 4 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 5 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 6 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 7 8 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 9 fees" for the purposes of this paragraph. 10 11. ASSIGNMENT. 11 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 12 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 13 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 14 15 and shall constitute a breach of this Agreement and cause for the termination of this 16 Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR 17 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 18 hereunder for the term of this Agreement. 19 12. VENUE. 20 The parties hereto agree that all actions or proceedings arising in connection with this 21 22 Agreement shall be tried and litigated either in the State courts located in the County of San 23 Bernardino, State of California or the U.S. District Court for the Central District of California, 24 Riverside Division. The aforementioned choice of venue is intended by the parties to be 25 mandatory and not permissive in nature. 26 13. GOVERNING LAW. 27 This Agreement shall be governed by the laws of the State of California. 28 Exhibit"A" 5 1 14. SUCCESSORS AND ASSIGNS. 2 This Agreement shall be binding on and inure to the benefit of the parties to this 3 Agreement and their respective heirs,representatives, successors, and assigns. 4 15. HEADINGS. 5 The subject headings of the sections of this Agreement are included for the purposes of 6 convenience only and shall not affect the construction or the interpretation of any of its 7 8 provisions. g 16. SEVERABILITY. 10 If any provision of this Agreement is determined by a court of competent jurisdiction to 11 be invalid or unenforceable for any reason, such determination shall not affect the validity or 12 enforceability of the remaining terms and provisions hereof or of the offending provision in any 13 other circumstance, and the remaining provisions of this Agreement shall remain in full force 14 15 and effect. 16 17. ENTIRE AGREEMENT; MODIFICATION. 17 This Agreement constitutes the entire agreement and the understanding between the 18 parties, and supercedes any prior agreements and understandings relating to the subject manner 19 of this Agreement. This Agreement may he modified or amended only by a written instrument 20 executed by all parties to this Agreement. 21 /// 22 23 /// 24 25 26 27 28 Exhibit"A" 6 1 VENDOR SERVICE AGREEMENT FAIRVIEW FORD 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: 12010 Fairview Ford 7 By: 8 9 Dated 12010 CITY OF SAN BERNARDINO 10 11 By. Charles E. McNeely, City Manager 12 Approved as to Form: 13 By: 14 James F. Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit"A" 7 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 1st day of March 2010, by and 3 between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San 4 Bernardino"). 5 WITNESSETH: 6 7 WHEREAS, the Mayor and Common Council has determined that it is advantageous 8 and in the best interest of the CITY to contract for the purchase of a 2010 Vac-Con q 9 V311LHA/1300 Jet Rodder truck; and 10 WHEREAS, the City of San Bernardino did solicit and accept quotes from available 11 vendors for the purchase of a 2010 Vac-Con V311LHA/1300 Jet Rodder truck; and, 12 NOW,THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 15 For the remuneration stipulated, San Bernardino hereby engages the services of 16 VENDOR to provide those products and services as set forth in its quote, a copy of which is 17 attached hereto as Attachment"1" and incorporated by this reference. 18 2. COMPENSATION AND EXPENSES. 19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 20 21 pay the VENDOR up to the amount of$428,048.37, for the purchase of a 2010 Vac- 22 Con V31 ILHA/1300 Jet Rodder truck. 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 24 3. TERM; TERMINATION. 25 The term of this agreement shall be for one year. 26 This Agreement may be terminated at any time by thirty (30) days prior written notice 27 by either party. The terms of this Agreement shall remain in force unless amended by written 28 1 1 agreement of the parties executed on or before date of expiration of current term of the 2 agreement. 3 4. WARRANTY 4 5 Vendor expressly warrants that all products and services supplied to City by Vendor 6 under this Agreement shall conform to the specifications, drawings or other description upon 7 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, 8 of good material and workmanship, free from defects and fee and clear of all liens or 9 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect 10 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, 11 12 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or 13 services not conforming to the foregoing warranty without expense to the City, when notified 14 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- 15 conforming goods or services promptly, City may, after reasonable notice to Vendor, make 16 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for 17 purposes of this section shall not be deemed to require more than 60 calendars days notice 18 19 before commencement of efforts by the City to effect cover or a cure except upon written 20 agreement of the Parties. 21 5. INDEMNITY. 22 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 23 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 24 any kind and nature arising from bodily injury, including death, or property damage, based or 25 26 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 27 subcontractors, relating to or in any way connected with the accomplishment of the work or 28 2 i i 1 performance of service under this Agreement, unless the bodily injury or property damage was 2 actually caused by the sole negligence of the City, its elected officials, employees, agents or 3 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 4 own expense, including attorney's fees the City, its elected officials, employees, agents or 5 representatives from any and all legal actions based upon such actual or alleged acts or 6 omissions. Vendor hereby waives any and all rights to any types of express or implied a 7 8 indemnity against the City, its elected officials, employees, agents or representatives, with 3 9 respect to third party claims against the Vendor relating to or in any way connected with the i 10 accomplishment of the work or performance of services under this Agreement. s 11 6. INSURANCE. 12 While not restricting or limiting the foregoing, during the term of this Agreement, ' 13 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 14 3 15 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 16 Worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 17 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 18 additional named insured in each policy of insurance provided hereunder. The Certificate of 19 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 20 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 21 change or termination of policy. 23 7. NON-DISCRIMINATION. 24 In the performance of this Agreement and in the hiring and recruitment of employees, 25 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 26 discrimination in employment of persons because of their race, religion, color, national origin, 27 28 3 1 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 2 sexual orientation, or any other status protected by law. 3 8. INDEPENDENT CONTRACTOR. 4 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 5 purposes VENDOR shall be an independent contractor and not an agent or employee of the 6 7 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 8 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 9 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 10 employees, and all business licenses, if any are required, in connection with the services to be 11 performed hereunder. 12 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 13 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 14 15 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 16 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 17 to practice its business or profession. 18 NOTICES. 19 Any notices to be given pursuant to this Agreement shall be deposited with the United 20 States Postal Service,postage prepaid and addressed as follows: 21 TO THE CITY: Public Services Director 22 300 North"D" Street 23 San Bernardino, CA 92418 Telephone: (909) 384-5140 24 TO THE VENDOR: Fairview Ford Sales Inc. 25 808 West 2nd Street 26 San Bernardino, CA 92412-5516 Telephone: (909) 386-0281 27 Attn: Todd Eff 28 4 1 10. ATTORNEYS' FEES. 2 hi the event that litigation is brought by any party in connection with this Agreement, 3 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 4 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 5 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 6 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 7 8 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 9 fees" for the purposes of this paragraph. 10 11. ASSIGNMENT. 11 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 12 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 13 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 14 and shall constitute a breach of this Agreement and cause for the termination of this 15 16 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 17 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 18 hereunder for the term of this Agreement. 19 12. VENUE. 20 The parties hereto agree that all actions or proceedings arising in connection with this 21 Agreement shall be tried and litigated either in the State courts located in the County of San 22 23 Bernardino, State of California or the U.S. District Court for the Central District of California, 24 Riverside Division. The aforementioned choice of venue is intended by the parties to be 25 mandatory and not permissive in nature. 26 13. GOVERNING LAW. 27 This Agreement shall be governed by the laws of the State of California. 28 5 1 14. SUCCESSORS AND ASSIGNS. 2 This Agreement shall be binding on and inure to the benefit of the parties to this 3 Agreement and their respective heirs, representatives, successors, and assigns. 4 15. HEADINGS. 5 The subject headings of the sections of this Agreement are included for the purposes of 6 7 convenience only and shall not affect the construction or the interpretation of any of its 8 provisions. 9 16. SEVERABILITY. 10 If any provision of this Agreement is determined by a court of competent jurisdiction to 11 be invalid or unenforceable for any reason, such determination shall not affect the validity or 12 enforceability of the remaining terms and provisions hereof or of the offending provision in any 13 other circumstance, and the remaining provisions of this Agreement shall remain in full force 14 15 and effect. 16 17. ENTIRE AGREEMENT; MODIFICATION. 17 This Agreement constitutes the entire agreement and the understanding between the 18 parties, and supercedes any prior agreements and understandings relating to the subject manner 19 of this Agreement. This Agreement may be modified or amended only by a written instrument 20 executed by all parties to this Agreement. 21 /// 22 23 HI 24 /// 25 /// 26 /// 27 28 6 1 VENDOR SERVICE AGREEMENT FAIRVIEW FORD 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: 12010 Fairview Ford 7 By: 8 9 Dated 2010 CITY OF SAN BERNARDINO 10 11 By. Charles E. McNeely,City Manager 12 Approved as to Form: 13 By: 14 James F. Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment "1" a a 0 0 ri rn 0 0 N LO r LO N r Co 0 Z W > O LO N W � N O N N N .Q W W CT LO N O N CT � = M Q) Co Cfl V Z V a Y > : CP1 N O M 0 to U Q = 2' O Cn Ln u7 � .n- C O O O O Q. ZT N Cn O M C.j U) N 'E E LLJ � Co Cf) N c f— 7 N Z ❑_ U Co Co N N m N Co (n M N C O LO Ln O Ln 9 +_• N O r L C Lo CO r r rO @ 'IT M Z O CO CYJ N O Q LL Ch Iq V LL J T .Q W U D CI' O Z o O D x } HH w � FCu 0 LU N F O > ° J U to E- n m W w o 0 0 > a Attachment "2" Fairview Ford Sales, Inc. P.O.Box 5516 SAN BERNARDINO,CALIF.92412 Telephone(909)884-9261 ®M January 19, 2010 City of San Bernardino Fleet Division 182 S. Sierra Way San Bernardino, CA. 92408 RE: Purchase of (1)Autocar Sewer Rodder Truck Dear Mr. Johnson, Here is the breakdown for the above referenced purchase: 1 Sewer Rodder Truck $388,451.00 1 77 DGE CNG Tanks (Option) $3742.00 Doc and Handling Fee $450.00 ---------------------------------------------------------------------------------- TOTAL $392,643.00 Sales Tax(9%) $35,337.87 Fed Excise Tax EXEMPT DMV $50.00 Ca. Tire Fee $17.50 GRAND TOTAL $428,048.37 Thank you for this opportunity, Todd Eff Commercial Fleet Manager Fairview Ford RFQ F-10-07 Sewer Rudder Truck CITY OF SAN BERNARDINO TECHNICAL SPECIFICATIONS RFQ F-10-07 SEWER RODDER TRUCK NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Service: Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth on the left-hand column. Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID It is the intent of these specifications to obtain a unit suitable for the service demands of City of San Bernardino. The combination sewer cleaner shall be designed to perform cleaning and removal of sand, stone, bottles, cans, grease, sludge and other debris from both sanitary sewer or storm drain lines. All installation shall be made in a neat and workman like manner and all equipment furnished shall be of a standard manufacture. All work and material furnished shall be subject to the approval of the Purchasing Manager, Shops and Using Division. 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 will be included. Vehicle must comply with all California Motor Vehicle Pollution Control Board, South Coast Air Quality Management District and California Air Resources Board requirements. 9 RFQ F-10-07 Sumer Rodder Truck All vehicle(s) will be serviced, cleaned, and ready for immediate operation when delivered. 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. The machine is to be capable of being operated by one man, with all operating controls for high-pressure water pump, hose reel and vacuum located at the front of the machine for safety. DESCRIPTION ACCEPTABLE/AS SPECIFIED A. Debris Body 1. The capacity of the Debris tank shall be at least AS SPECIFIED 11 Cubic Yards liquid capacity. 2. Rear door to be full opening and hydraulically locked, with a 6" diameter liquid drain. The drain AS SPECIFIED to be operated by a knife type valve at the opening. 3. The tank shall be mounted over the rear axle for optimum load distribution. AS SPECIFIED 4. The tank shall have a minimum 5-year standard manufacturers warranty. AS SPECIFIED 5. Tank to be raised and lowered to a minimum 50- degree angle. Lift capacity of tank raising and AS SPECIFIED lowering system to be no less than 56,000 Lbs. 6. Externally visible indicator required to show when body is loaded to capacity. AS SPECIFIED B. Automatic Vacuum Breaker 1. A full indicator is required to activate an automatic vacuum breaker shut down system that completely shuts down 100% of the airflow to the AS SPECIFIED vacuum system in order to prevent overfilling and wastewater discharge into the atmosphere. 2. Vacuum breaker system to be automatically activated (closed) when the parking brake system AS SPECIFIED is released to eliminate carryover during transit. 10 RFQ F-10-07 Scwcr Roddcr Truck 4. The system is to be controlled / activated at the AS SPECIFIED front hose reel control station. C. Centrifugal Compressor 1. Centrifugal Vacuum compressor to be of fan design with the compressor shaft extending through the compressor and stabilized by using 2 AS SPECIFIED high speed bearings, one at each end of the shaft. Compressor to be of a 3 stage construction utilizing 27 " minimum fans in tandem. 2. The Centrifugal compressor fan is to be operable independently of the high-pressure water system. AS SPECIFIED 3. The compressor to be driven by the chassis engine via a hydrostatic system using a variable piston pump and motor. System shall include a heat exchange system to maintain the pump AS SPECIFIED suction oil temperature at no more than 160 degrees. 4. A means of starting, stopping and varying the vacuum suction from the operator's station is AS SPECIFIED required. 5. A centrifugal separator located in the inlet chamber to the fans with clean-out box to remove particles from the air stream; thus enabling unit to AS SPECIFIED vacuum wet or dry material is required. The separator is to be separate from the debris body. 6. The centrifugal compressor fan system must be capable of producing 90 % vacuum with no AS SPECIFIED airflow. 7. Compressor to be equipped with the "Centrifugal �S SPECIFIED Compressor Quiet Package". 8. The centrifugal compressor fan to have a 5-year replacement non-prorated warranty. AS SPECIFIED D. Vacuum Pick Up Hose 1. Shall be front loading 8" diameter hose mounted on a boom that will provide a minimum of 18' of vertical lift and 230 degree of boom rotation AS SPECIFIED powered hydraulically for non-interrupted smooth movement. Boom to have a minimum lift capacity of 500 lbs. at the front bumper. 11 RFQ F-10-07 Sewer Rudder Truck 2. The boom will be powered by an electric over hydraulic system. AS SPECIFIED 3. The boom shall hydraulically telescope a minimum of 10 ft. forward from the operator's station. The AS SPECIFIED height of the boom shall not change while the boom is being telescoped. 4. Control of the boom is to be by means of a joystick control at the operator's station, requiring no AS SPECIFIED cables at operator's feet for boom operation. A 6 way pendant station is also to be supplied. 5. A manual override system shall be provided for right / left, and up / down functions in case of AS SPECIFIED — system failure. AS SPECIFIED 6. A Boom coverage chart is to be provided. 7. Pipe extensions with clamps will be provided and carried on the truck as follows: 1) 6-1/2' Catch Basin Nozzle AS SPECIFIED 1) 6' Aluminum Pipe Extension 1) 5' Aluminum Pipe Extension 1) 3' Aluminum Pipe Extension E. Water Supply 1. The water tank to have a minimum usable capacity of 1300 U.S. Gallons. AS SPECIFIED 2. The water tanks are to be constructed of non- corrosive, non-metallic, durable, cross-linked polyethylene to eliminate rust and corrosion. The AS SPECIFIED water tanks are to carry a 10-year replacement warranty. 3. The water tanks are to be mounted at and below the frame level to promote better truck stability. AS SPECIFIED 4. The water tanks are to be protected by a minimum of 11-gauge steel plating mounted below the water AS SPECIFIED tanks for protection against hazards. 5. A 2-1/2 " diameter x 25' long hydrant hose with hydrant wrench is to be supplied on the unit. AS SPECIFIED 6. An anti-siphon fill device is required. CIFIED 7. Quick removal hatches are to be provided on all water tanks in order to fill tanks or add chemicals. AS SPECIFIED 12 RFQ F-10-07 Scorer Rudder Truck 8. A sight gauge to indicate water level is to be located within sight of the operators station. Shall AS SPECIFIED be equipped with a low water alarm and light. F. Auxiliary Engine Water Pump Drive Engine) 1. The shrouded auxiliary engine used to drive the G P 4 Vord W.ISLr 1®bS water pump is to be a " Cummins -Westport, 061- 0 CNG Fueled" Heavy duty Industrial Engine. 2. Engine to be equipped with automatic safety shutdowns for low oil pressure and high water AS SPECIFIED temperature, as well as an exhaust silencer. 3. All gauges, tachometer hour meter and shutdown are to be located on the driver's side of the unit in AS SPECIFIED a lockable control panel. 4. The auxiliary engine start and stop controls are to AS SPECIFIED be located at the front hose reel operator's station. 5. Cummins extended 5 year warranty to be AS SPECIFIED provided 6. The auxiliary engine shroud to have a hinged driver's side door for engine access. Engine oil checking shall be possible from ground level on AS SPECIFIED the driver's side of the unit. Engine shall have a remote oil drains stem. G. High Pressure Water Pump 1. The high-pressure water pump must deliver smooth continuous pressure and flow through the entire flow range of the pump. A continuous duty flow of 80 G.P.M. and 2000 P.S.I. is required. AS SPECIFIED Must be capable of running dry. 2. High-pressure relief valves must be provided for both the high-pressure system and the hand gun AS SPECIFIED system. 3. Water pump to operate independently of the vacuum system and be powered by the auxiliary AS SPECIFIED engine via clutchless, direct dual powerband drive system. 4. High-pressure water pump to have 5 year �S SPECIFIED replacement warranty. 5. Controls for starting and stopping the water pump and to vary the flow and pressure are to be located at the front hose reel operators station. AS SPECIFIED 6. The High-pressure water pump shall be equipped AS SPECIFIED with cold weather drain valves. H. Hose Reel Assembl 1. Hose reel to be a minimum of 30" I.D. with a AS SPECIFIED capacity of 800' x 1" hose. 13 RFQ F-10-07 Scwcr Roddcr Truck 2. Reel to be hydraulically powered in both directions AS SPECIFIED b a double chain ands rocket drive. 3. Controls for operating the motor to have a Flow �S SPECIFIED control device to regulate the speed of the reel in both directions. 4. The hydraulic motor, chain and sprockets to have �S SPECIFIED a protective cover. 5. The hose reel shall articulate 90 degrees to the driver's side, allowing operator to work in any AS SPECIFIED position through this arc. Reel to extend beyond the width of the unit for flexibili in ositionin . 6. A hydraulically controlled outrigger leg shall be supplied that comes in contact with the ground at �S SPECIFIED any one position. A warning light to be located in the cab to warn driver that the outrigger is not in it's stowed position. 7. A manual bypass system to manually pull the hose reel assembly away from it's transported position in order for the operator to check the AS SPECIFIED engine oil is required. I. Jet Hose 1. 800' x 1" jet rodder hose will be supplied rated for 2500P.S.1. working pressure and overall 6250 AS SPECIFIED P.S.I. rating. 2. A heavy-duty hose guide with 25' of nylon rope will AS SPECIFIEr be provided. 3. Nozzles will be provided as follows: AS SPECIFIED 1) Chisel Head Penetrator 1 Sanitary J. Manhole Cleaning Water System Hand Gun 1. The High-pressure pump and water system shall be used for manhole cleaning. A smooth AS SPECIFIED continuous flow of 20 G.P.M. and pressure of 600 P.S.I. shall be provided. A hand gun pressure relief valve set at 600 P.S.I shall be provided. 2. One full functioning handgun with on / off hand control, replaceable nozzle tip, 12" extension, AS SPECIFIED adjustable spray and 50' x 1/2" hose with retractable reel shall be provided. 3. The handgun will attach to the system via a quick couple connection at the curb side of the unit. A AS SPECIFIED hand gun holder will be provided at the front bumper. K. Hydraulic System and Lubrication 14 RFQ F-10-07 Semw Rodder Truck 1. Hydraulic system shall have a minimum capacity AS SPECIFIED of 45 gallons. 2. The hydraulic system shall have adequate shutoff valves in order to cut supply in event of leakage AS SPECIFIED and in order to change hydraulic filter. 3. Hydraulic system to have adequate pressure relief valves and pressure gauges for ease of AS SPECIFIED troubleshooting and maintenance. 4. Lubrication system to include XGS Interlube Chassis Lubrication System to lube all Chassis AS SPECIFIED and Body tube points. 5. Unit to include a lube chart on curb side of body to indicate tube points and frequency required. AS SPECIFIED 6. Remote plumbed grease fittings shall be provided for the vacuum compressor, boom rotation, and AS SPECIFIED water pump drive areas, boom and debris tank. accessible from ground level. L. Warranty's 1. A minimum 12-month Bumper to Bumper Manufacturer's Guarantee will be provided. AS SPECIFIED 2. Both Cummins-Westport engines shall have the Ford W$6* - 0 V 06r extended 5-year warranty from Cummins. AS SPECIFIED 5L'(.c 5 Za. R fA44 3. The Allison Transmission shall have the 5-year extended warranty from Allison. Q$ SPECKED The following items shall be delivered with the unit as standard accessories: M. Standard Accessories 1. 1) Enclosed toolbox behind the cab will be provided, 16" x 42" x 96". 1) Storage box shall be provided with 2 roll out AS SPECIFIED shelves. 1 Storage box shall be provided with dry decking. 15 RFQ F-10-07 Sewer Rodder Truck. 2. 1) Debris body power flush out system 1) Gravity drain system consisting of plumbing to the front operator's station, allowing return of liquids to the manhole without having to reposition vehicle. 1) 2-1/2" water drain gate valve. 1) Variable Drain Valve 1) Lazy Susan style, deck mounted pipe rack, holds 5 pipes 1) Hose footage counter, Curb side 1) Cone storage rack AS SPECIFIED 1) Rear mounted tow hooks 1) Dual roller level wind guide 1) Plastic engraved decals- Adhesive type 1) Pre-tank water filter(in-line) 1) Vacuum breaker override switch (vacuum and drive) 1) Backup alarm 1) A hydroexcavation package shall be supplied including 50' capacity high-pressure handgun reel, high-pressure unloader valve and High-pressure wand. 1) Rear mounted hydraulic pump off system, 400- gpm w/20' lay flat hose. N. Lighting The entire module electrical system to be vapor sealed to eliminate moisture damage. All wiring to be As SPECIFIED color coded, labeled and run in sealed terminal enclosures. All module circuits to be protected by circuit breakers. All lighting to comply with D.O.T. and state of California Requirements. The following 119 tin is re uired 2) Front mounted strobe lights 1) Rear mounted strobe light 2) Mirror mounted beacons 1) 4 strobes-stop/turn/tail lights 1) Hand held spotlight 1) Boom mounted flood lights AS SPECIFIED 2) Limb guards for strobe or revolving lights 1) ICC- LED Lighting package 1) LED Arrowboard O. Paint 16 RFQ F-10-07 Sewer Rodder Truck 1.;standard int surfaced to be sanded and primed prior ting. Unit to be painted white with Dupont 5000 polyurethane paint. Unit shall have e blue boom and side stripes and rear ns. Chassis shall be painted manufacturers AS SPECIFIED rd white.P. IS 1. ar Model ACX pS SPECIFIED 2. ngine- Cummins Westport ISL-G 320 . . . Fueled "320 H.P. Auxiliary Engine- Cummins Westport "CNG AS SPECIFIED Fueled." 3, Automatic Transmission- Allison 3500 series �V eel W r•1LI W17L.-, 4. Brakes- Air Brakes AS SPECIFIED 5. Power Steering AS SPECIFIED 6. AM/FM Stereo/CD Player AS SPECIFIED 7. Air Conditioner AS SPECIFIED 8. 130 amp alternator with 2-625 CCA batteries AS SPECIFIED 9. 60,000# GVWR chassis rating ____AS_ SPECIFIED 10. West Coast mirrors- stainless steel with 5" spot mirrors AS SPECIFIED 11. Batteries- 2-750 CCA pp ''II To+e. I Q. Miscellaneous One each complete parts, operating and maintenance manuals for sewer equipment. Parts manual will be AS SPECIFIED 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, 17 RFQ F-10-07 Sewer Rodder Truck Fpayment. ed more than six (6) months prior to will require approval prior to delivery �+$ SPECIFIED A 1% fee will be withheld until books are received. Pre-Production Meeting- A meeting between manufacturer and City of San Bernardino will b �� SPECIFIED arranged after award to finalize all mounting locations and installation details. Detailed line drawings will be supplied by manufacturer to identify all details. This vehicle is considered as an emergency response vehicle therefore local service and parts availability is of major importance. Vendor must be able to display local supplies and service representation to the city. In addition the unit must be available for use after AS SPECIFIED downtime report to vendor within 72 hours, local response to downtime incident must be within 24 hours. The city will examine first hand all service capabilities of vendor. Bidder must provide a factory-trained representative to the City to train the vehicle maintenance employees AS SPECIFIED and the operators for a maximum period of 16 hours after receipt and acceptance of equipment. Parts and emergency service shall be available for the City area for the vacuum/jet rodder. Bidder shall AS SPECIFIED submit proof-of-service capability prior to award. Bidders shall submit detailed literature of the vehicle AS SPECIFIED they propose to furnish. Failure to submit this information may be sufficient cause for rejection of bid. 1s RFQ F-10-07 Sewer Roddcr Truck 7value ATE THE FOLLOWING arts on hand at local dealer. And how retion, the city reserves the right to require er(s) to provide a demonstration unit for three (3) full nine (9) hour working days (coordinated ��E�IF'E® Through the Street Superintendent/Deputy Director of AS Public Services) within ten (10) working days after bid opening. Actual scheduled date shall be at The convenience of the Street Superintendent/Deputy Director of Public Services. Weights: State front axle weight with truck and body combination, fresh water tanks full and 35 gallons of fuel and two 180 pound operators and the debris set, body at 75% capacity with water. �� Cide� State rear axle weight with truck and body combination fresh water tanks full and 35 gallons of fuel and two 180 pound operators and the debris body at 75% capacity with water. State front axle weight with truck and body combination fresh water empty 35 gallons of fuel and two 180 pound operators and the debris body empty. State rear axle weight with truck and body combination fresh water tanks empty 35 gallons of fuel and two 180 pound operators and the debris body empty. Award Criteria: The evaluation of proposals will be based on but not limited to the following: 1. Conformance to specifications 2. Price 3. Delivery 4. Warranty Award will be made to the lowest responsive / responsible bidder meeting specifications. Any deviation from the technical specificattions above must be explained in detail. OEgWA O C (op r ® v a 0 �LNAED IN,s� INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO TO: MAYOR AND COMMON COUNCIL FROM: John F. Wilson, Senior Assistant City Attorney DATE: March 1, 2010 RE: A Resolution of the Mayor and Common Council Authorizing the Execution of an Agreement and Issuance of a Purchase Order in the Amount of$428,048.37 to Fairview Ford: Agenda Item#16 CC: James F. Penman, City Attorney pCharles McNeely, City Manager This office has not approved the resolution for Agenda Item#16 on the agenda for March 1, 2010,because the requested action is in violation of S.B.M.C. §3.04.070(F). By this item,the City Council is asked to make an award of a bid to a party that did not participate in the bid process. It is recommended that the City Council take action to reject all bids and instruct the Public Service Department to rebid the item. Alternatively, the award of the contract may be made to LA Freightliner of Fontana, or other action taken as requested by the City Manager. The bid for purchase of a Vac-con Jet Rodder truck was processed in the normal course of business as required by the municipal code. Bids were received and opened. Fairview Ford did not submit a bid. LA Freightliner in Fontana was the lowest best bidder. Following the opening of the bid, staff decided to undertake an effort to shift the place of sale to San Bernardino for purposes of recovering the City portion of the sales tax on the transaction for the City. This represents a return of approximately$4300. To accomplish this, "Fairview Ford...has agreed to act on the City's behalf as a purchasing agent to keep the point of sale and subsequent sales tax revenue in the City...The vehicle...will be purchased through Fairview Ford for a total amount of$428,048.37 including tax. Fairview will use sub-contractors, LA Freightliner of Fontana and Municipal Maintenance Equipment Company...for the build-up of the specialized equipment to meet the Public Services Department specifications." FAWIISOMAGENDA ITEWOpposition to vac con purchase 3.I.10.wpd This plan could have worked if properly executed. Prior to closing of the time for submission of bids, Fairview Ford could have approached Freightliner and Municipal Maintenance and negotiated a price from them as subcontractors on Fairview's bid to the City. If Fairview was then selected as the best lowest bidder, Freightliner and Municipal Equipment could have performed a tax-free, sale for the purpose of re-sale, transaction with Fairview. Fairview would then have completed a sale of the vehicle to the City on which the City would have paid the full sales tax. This would have made Fairview a proper bidder in the process for purposes of the municipal code and it would have established Fairview as the place of sale under the sales tax laws. As written, the documentation describes Fairview as both the"purchasing agent"on behalf of the City, and the party from whom the vehicle will be purchased. These inconsistent roles, and the problem this presents in terms of actually achieving the goal of receiving the sales tax, can possibly be corrected. However,what cannot be corrected at this point is the fact that you are asked to award a bid to Fairview when no bid was submitted by them. This is a violation of SBMC 3.04.070(F), which requires that the bid be made to the "...lowest and best bidder...."These are only the most obvious problems with this proposed course of action. Rejection of all bids allows the staff the greatest flexibility in going forward. This is the recommended option. Jo . Wilson enior Assistant City Attorney JFW/nc FAWILSOMAGENDA ITEMS\Opposition to vac con purchase 3.1.10.wpd t