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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTl&J RIG I N Ii L
Date: October 24, 2008
Subject: 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
$184,100 to Haaker Equipment
Company to refurbish sewer unit 444.
From: Ken Fischer, Director
Dept: Public Services
Meeting Date: November 3, 2008
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution.
;t:b
Signature
Contact person: Don Johnson, Fleet ManagerPhone: 5220
Supporting data attached:
Staff Report, Resolution, Vendor Service
Agreement and Attachment "1"
Ward: All
FUNDING REQUIREMENTS:
Amount: $184,100
Source: FY 08-09
Account Number
132-431-5704
(Miscellaneous Equipment)
Council Notes:
Finance:
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Agenda Item No. --2Y
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
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 $184,100 to
Haaker Equiprnent Company to refurbish sewer unit 444.
Background:
The Public Services Department, Streets Division is responsible for maintaining
approximately 500 miles of sewer mains through the use of hydro-jetting equipment. Sewer
unit 444 is a diesel, 1998 Vador Rodder, which is currently used to rod and flush the sewer
lines but does not have the capability to remove oils and debris and clean up spills. The
State Water Resources Control Board wants agencies to capture and remove as much
material as possible that clogs sewer lines. In order to have this capability we must refurbish
the current rodder and add a catch body, vacuum and pump.
South Coast Air Quality Management District (SCAQMD) regulations do not allow the
purchase of new diesel vehicles; we are only allowed to refurbish them. If we were to
purchase a new Vactor truck, it would cost the City approximately $300,000. Since we
already own unit 444, staff recommends that we refurbish unit 444 instead of purchasing a
new vehicle, thus saving the City approximately $115,900. Staff expects refurbished unit 444
to last approximately six to seven additional years.
Haaker Equipment Company sent us a quote in the amount of $184,010.06 to refurbish
sewer unit 444. Haaker Equipment Company is the only authorized dealer for Vactor sewer
trucks in Southern California.
Staff is recommending approval of the refurbishment proposal (Attachment "1") through
Council authorization and execution of an Agreement and issuance of a Purchase Order in
the amount of $184,100 to Haaker Equipment Company.
Financial Impact:
Funds are available and have been budgeted in FY 08-09, Sewer Fund, Account Number
132-431-5704 (Miscellaneous Equipment) in the amount of $184,100.
Recommendation:
Adopt Resolution.
RESOLUTION NO.
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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 $184,100 TO HAAKER
EQUIPMENT COMPANY TO REFURBISH SEWER UNIT 444.
WHEREAS, Haaker Equipment Company is the only authorized dealer for
Vactor sewer trucks in Southern California.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
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hislher designee is hereby authorized to issue a Purchase Order to Haaker Equipment
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Bernardino and Haaker Equipment Company, a copy of which is attached hereto,
marked as Exhibit "A", and incorporated herein by this reference as fully set forth at
length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B-3 of said
Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That pursuant to this determination the Director of Finance or
Company in the amount of $184,100.
21 SECTION 4. The Purchase Order shall reference this Resolution No.
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the agreement.
and shall read, "Haaker Equipment Company in order to refurbish sewer
unit 444 in the amount of $184,100" and shall incorporate the terms and conditions of
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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 $184,100 TO HAAKER
2 EQUIPMENT COMPANY TO REFURBISH SEWER UNIT 444.
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3 SECTION 5. The authorization to execute the above referenced Purchase
4 Order and Agreement is rescinded if it is not executed within sixty (60) days of the
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passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $184,100 TO HAAKER
2 EQUIPMENT COMPANY TO REFURBISH SEWER UNIT 444.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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4 Mayor and Common Council of the City of San Bernardino at a
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, 2008, by the
meeting thereof, held on the
day of
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
11 BRINKER
12 DERRY
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KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
hereby approved this
day of
The foregoing resolution IS
,2008.
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24 Approved as to Form:
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25 BY>~/,-<-, +-. / L 1.-"",--,"",
/ ~ mes F. Penman
26 / /-city Attorney
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Patrick J. Morris, Mayor
City of San Bernardino
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6 WITNESSETH:
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8 WHEREAS, the Mayor and Common Council have determined that it is in the best
9 interest of the CITY to contract for the refurbishment of sewer unit 444; and
10 WHEREAS, the City of San Bernardino has determined that vendor possesses the
11 professional skills and ability to provide said services for the City;
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15 For the remuneration stipulated in paragraph 2. San Bernardino hereby engages the
16 services of VENDOR to provide those products and services as set forth in its proposal dated
17 October 13. 2008, attached hereto. marked Attachment ''I'' and incorporated herein by this
18 reference as fully as though set forth at length.
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 3rd day of November 2008, by and
between Haaker Equipment Company ("VENDOR") and the City of San Bernardino CCITY"
or "San Bernardino").
NOW, THEREFORE. the parties hereto agree as follows:
1.
SCOPE OF SERVICES.
COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $184.1 00 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
TERM.
The term of this agreement shall be for a period of one (I) year.
Exhibit "A"
This Agreement may be terminated at any time by thirty (30) days prior \';Titten notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
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agreement.
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indemnity against the City, its elected officials, employees. agents or representatives, with
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4.
INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims. actions, damages and liabilities of
any kind and nature arising from bodily injury. including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor. its employees, agents, or
subcontractors. relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City. its elected officials. employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense. including attorney's fees the City. its elected officials. employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omiSSIons. Vendor hereby waives any and all rights to any types of express or implied
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
INSURANCE.
While not restricting or limiting the foregoing. during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public. general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Exhibit "A"
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
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6.
NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion. color, national origin,
ancestry. age. mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation. or any other status protected by law. except as permitted pursuant to Section
12940 of the California Government Code.
INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure. at its expense. and be responsible for any and all payment of
Income Tax. Social Security. State Disability Insurance Compensation. Unemployment
Compensation. and other payroll deductions for VENDOR and its officers, agents, and
employees. and all business licenses. if any are required, in connection with the services to be
performed hereunder.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
Exhibit "A"
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1 qualifications. insurance and approval of whatever nature that are legally required of VENDOR
2 to practice its business or profession.
9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service. postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino. CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Haaker Equipment Company
2070 N. White Ave.
La Verne. CA 91750
Telephone: (909) 598-2706
Contact: Mike Kennedy
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees. incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms. conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer. subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Exhibit "A"
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Agreement. Regardless of CITY" s consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and Inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
provIsions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit "A"
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9 Dated
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VENDOR SERVICE AGREEMENT
HAAKER EQUIPMENT COMPANY
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
.2008
VENDOR
By:
Its:
.2008
CITY OF SAN BERNARDINO
By:
City Manager
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Approved as to Form:
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By: 'i,-~--:'1-~
J mes F. Penman, City Attorney
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Exhibit "A"
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ATTACHMENT "1"
HAAKER EQUIPMENT COMPANY'
A C~LIFfj:~'f,{~'~RAT10N
2070 N.WHITEAVENUE
LA VERNE. CAUFORNIA91lSll
(909) 598.2706 . ['AX (909) 598-1427
PARTS OEPT.I'AX (~091 594-0498
www.haak&r.cOm
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PROPOSAL
October 13_ 2008
TO:
CITY OF SAN BERNARDINO
182 S. Sierra Way
San Bernardino CA 92480
,UT~:
Mr RlWiy KlIottJe
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In accordance with your request, we are pleased to submit tbe lollo,1iingl)rOpclsW fOT y(j1.l!'~j:li1iAde!;lltiori
and approval: .. .
ONE (1) V ACTOR 21()3 JET-HOOpER '. ' .
3 Cubic Yard Capacity Catch Basin Cleaner and Sewer Cleaner Moun~d an CI.lSlPI11~r;;l\Pp!ied:1997 .
Jctter Chassis. Complete with All Standard Equipment and the Following Optionlll B:quipmllnt Ustcd,
Standard Equipment .
,/ 2100 CI'M Pl!silivc Displacement Blower ./ Full Opening R.ear l)oor Hina;ed.at Top.
./ Gear Type Transfer Caw ror Blower ./ Body Llt'lIin on ,Rear Door:WitlI4~llnIjll.Hose
./ Stainless Steel nail Flollt Shut OfT ./ V,,,iable Flowlill!ldgun AsSembl)'with 2:5' of
./ 500 Gallon Aluminum Water Tank Capacity ',~" Orau, Hql;e withC~tra,liyt.oCi,ted f:iJupler
./ Double Acting Hydraulic Dump Hoist ./ Scaled Electrical System .
.;' E1eclric Back Up Alarm ./ L"ckahle 'fool Bo,x, 36x 18xl.8(1,
.;' 6- Way Power Boom ASS<m1bly With 120 Degree ,/ Mud Flapf.
Rotation And 4' Hydraulie ElClension ./ Accumulator
./ Remote Push Button Pendant Control With 15' ./ Multi Flow SVSlem
Of Cable ./ 3" Y Strail1e;aIWate(P~mp " "
.;' SI:an~1 6" ~iamet~r Pipe Pa.:kagc of ./ 500' ClIPllcity; .120.p.:gn:e ROl.!iting:Hps,,,. R~
(1) 3 Alumll1um PIpe ExtenSIon ./ SOO' ory," 'sewer. Hose .'
(2) 5' Aluminum Pipe Extension ./ Hose Level Windgaide
(I) 6' Catch Ba..in Nozzle
(3) 8" Overeenler Quick Clamps wilh Gaskets
Options
./ Fold Down Pipe Rack, Curb and Street Side
.;' Debris Body Flushout
./ Body Load Limit Alann
./ 4" Butterfly Valve/Rear Door
'" Rear Door Splash Shield
.;' Hydraulic Rear Door L'lcks
.;' Debris and Water Tank~ Combined
./ Low Water Alarm WI Light
./ Side Skirts on Rellr of Unit
; ~, ,
'" 40 GPMI 25QO psr Wlltllr SysttlflHW',..
Acculllui!lwr&..MllliiCPlowS}Sklin
0/ Hi RIIJ1BC Lock,up . ,. .
,/ Lube MlIllilold.
.;' Joystick Boom,Control
./ WOI'kliglllutOperalof Station
,/ Boom WotkliJ.\hts
,/ Additjonlll HI;l:;e r9<?tage oG.luTllllr .
./ Air ACIUl\ll:d. Accumulator!or Iitlsc:~I':
, '
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" Whelen Light j'lICkage
(2)HA238C Hide-Away Strobes
(2)MC I OOSGA Strobes (FrtlRR Comers)
( I ) SPS660 Power Supply
(1)9042520/1 52" Light Bar w/9Aly Alley Lights
(I)PCC6R Controller
(l)T A870A Traffic Advisor
(2)T A TPR20 20' Extension Cahle
" Handlight With Bumper Plug
" Front and Rear Handgun Couplers
" Wa1Cr Relief Valve
" 5# Fire Extinguishcr
.<
" .
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" Tow HOClkSfl'!ll'tlRear ....
i/ Rudder ruI1lPPl'llioY!llv~(2)
i/ Ccntari l'aiilt,j3~)'andCa~ ; , . I, .
i/ Handgul! HQ*il{eel-Spring R,eUP4$ble
Red .witbSO'. HllSe A~seinbly, .
.,; Hydnau1ic Sh\jlllffVa1\1~saf S~tilln; RetUfl1 .
anuF i ltefliil;; . .
i/ NL'W Wind.shjc;ld if NeedQl1 .
"'Floor Muls .
i/ Air Ride SeiilS(DriverslPasaengc,,'CSide)
" Map !klX .
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PRl.CF. IS F.O.R. SAN BE~NAB.DI'NO.~A:......._................~.....~_.S 1~11\~1l~. .
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THE pROPERTY HERElN IS GUARANTEED BY MANUT'ACTlJREWS WAil..RANlY9N!,y:t\Nf) SELl;ER:
MAKES NO WARRANTY EXPRESSED OR IMPLIED; OF MERCaANTAl~I,LJ'!'Y OR 01llERWlSE, OR at'
FlTNESS FOR ANY PARTICULAR PURpOSE, THAT EXTENDS BEYOND.l:Hli A8()VIi f.)ES('RlPTlON Of'
THE EQUIPMENT. ., '. ' . .
NOTE: Price is ~ood for 60 DIlYs. Cost increases due to tJle addition "r .!}ovemm!ll>> malldat.l:4 . :l"fety. or
environmental deVices incurred after the date oftl1is propo...al. will be clil\l'flll'fro)lOU l\l.o~reoilt. )1J'i)flfofsuch
costs, if any, will be documented. . . '. ". . . . ,
TAXES: SALES TAX applicable at time of delivery will he shown c.nmll' inv"j~\l.FEDE1V..L, B'Xt:iSE TAXES,
If applicable, will require payment unless a properly eXecuted F_xemption CcrtHlc;ste 1ssubinitled. " "
OELIVERY: 15O-ISO_pays TERMS: Nc1J.!t!!r.t\Ppro"~>d I..ease__
We \lppreciatc the opportunity 10 present this proposal and look lorw~d to 'being of further and contin~ed.
$ervlce. ' . . .
UIPMENT co PANY
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