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HomeMy WebLinkAboutAgenda Report - September 2, 2015 C-04AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM C-4 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute the Purchase of Two New Fire Engines; Approving Debt Financing with Farmers and Merchants Bank in the Amount of $468,000; Authorizing City Manager and Deputy City Manager to Execute All Necessary Financing Documents; and Appropriating Funds ($32,000) MEETING DATE: PREPARED BY: September 2, 2015 Fire Chief RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute the purchase of two new fire engines; approving debt financing with Farmers and Merchants Bank in the amount of $468,000; authorizing City Manager and Deputy City Manager to execute all necessary financing documents; and appropriating funds in the amount of $32,000. BACKGROUND INFORMATION: The Fire Department currently has six Type -1 Urban Structure Fire Engines and two Aerial Fire Trucks utilized at four fire stations. Five engines are used as front line vehicles and one engine is used as reserve. Authorization will provide all stations with reliable front line apparatus and create an additional reserve engine to support the fleet. The Type -1 Urban Structure Fire Engines have a fire industry usage standard of 10 years and then they are rotated to the reserve group. The reserve fire engines have a back-up service life cycle of 10 years, for a total service life cycle of approximately 20 years per fire engine. The two engines that will be replaced are Engine 2032 and Engine 2033. Engine 2032 has 111,668 miles and Engine 2033 has 128,304 miles, each being in service since 1997, representing 18 years of front line service. Currently, Engine 2032 and Engine 2033 are at the end of their useful life and in need of continual repair, leaving them unavailable for daily emergency response. Maintenance costs for the fleet continue to rise with the age of the fleet. Purchase of the new Type -I Fire Engine is in conformance with the adopted vehicle replacement plan for the City's Fire Apparatus and helps to provide a consistent, safe, and reliable service delivery platform for our firefighters. Staff recommends the purchase of two engines from Hi -Tech Emergency Vehicle Services, Inc. utilizing the San Jose Fire Department Type -1 Tag -On Proposal (San Jose RFB 12-13-44), as shown on Attachment A. Per Lodi Municipal Code Section 3.20.045, State and Local Agency Contracts, the bidding process may be waived when it is advantageous for the City, with appropriate approval by the City Manager and City Council, to use contracts that have been awarded by other California public agencies, provided that their award was in compliance with their formally -adopted bidding or negotiation procedures. APPROVED: /1 1 e shwa aur ity Manager Adopt Resolution Authorizing City Manager to Execute the Purchase of Two New Fire Engines; Approving Debt Financing with Farmers and Merchants Bank in the Amount of $468,000; Authorizing City Manager and Deputy City Manager to Execute All Necessary Financing Document; and Appropriating Funds ($32,000) September 2, 2015 If the recommended purchase is approved, the Fire Department will place the current Engine 2033 in reserve, Engine 2032 will be used for replacement parts, and the two new engines will become the new front line engines. Although Council approved appropriations of $900,000 in the Fiscal Year 2015/16 budget, staff is recommending that one engine be purchased outright and the second engine be purchased through a lease financing mechanism with Farmers and Merchants Bank. An additional appropriation of $32,000 is necessary to fully fund the purchase cost of the engines. To pursue a lower cost of financing and to ensure compliance with the City's Debt Management Policy, an RFP for debt financing of the engine was issued on July 29, 2015 with a response deadline of August 5, 2015. Nine responses were received. A review of the proposals in accordance with the City's Debt Management Policy resulted in the selection and recommendation of a five-year debt financing with Farmers and Merchants Bank at an interest rate of 1.93 percent. The proposed term minimizes total interest costs while providing a reasonable period of time to repay the debt without an adverse impact on City cash reserves. The estimated annual payment of approximately $99,172 will be paid from Fire Department appropriations. Documents in substantially final form are attached. FISCAL IMPACT: The purchase price for each engine is $465,664.68. Total purchase price for two engines would be $931,329.36 (Attachment B). Replacing the engines will result in lower maintenance costs as compared to the existing engines. Total interest cost over the life of the loan is $30,820. FUNDING AVAILABLE: Vehicle Replacement Fund (40699100.77040) $900,000 Appropriation Requested (40699100.77040) $32,000 Jordan Ayers Deputy City Manager/Internal Services Director Attachment A — San Jose Notice of Request for Bids Attachment B — Hi -Tech Emergency Vehicle Service Inc. Quote Attachment C — Farmers & Merchants Bank Loan Documents CITY OF i�; SAN OSE CAPI111L ON S1LlCON VALLEY Notice of Request for Bids (RFB) RFB 12-13-44 1500 GPM Fire Engines (Design &Build) Key Dates and Information: Deadline for: May 9, 2013, 3:OOpm (PDT) • Written questions/clarifications • Objecting to specifications Questions must be submitted in writing using the BidSync • Deadline for "Approved Equal" Question and Answer utility at www.bidsync.com. Submissions Due Date and Time: May 22, 2013, 3:OOpm (PDT) Required Submissions: • Pricing online 1) Electronic Pricing Submission on BidSync • Signed Bid Certificate 2) Attach scanned copy of signed Bid Certificate • 3 References to electronic Bid • Service Center Form 3) Attach references to electronic Bid Completed 4) Attach Service Center form to electronic Bid Public Opening of Bids: Virtual bid opening via BidSync Procurement Contact: Jamil (Jay) Coleman Address: City of San Jose 200 E. Santa Clara St, 13th Floor San Jose, CA 95113 E-mail address Jay.coleman@sanjoseca.gov GENERAL INFORMATION 1.1 This bid package contains all of the information and documents necessary to prepare and submit a responsive bid. Contractors are cautioned to read all of the documentation provided. Contractors will be responsible for complying with all requirements identified herein. 1.2 The City, in its sole discretion, may reject any or all bids received, including separately bid items where a partial bid award is possible under the terms of this RFB. 2 SCOPE 2.1 INTRODUCTION 2.1.1 The City of San Jose (hereinafter "City") is soliciting bids from qualified contractors to provide two (2), 1,500- gallon -per -minute (GPM), Spartan Gladiator LFD (or equal) Fire Engines with a six -person, engine forward, tilt cab. The apparatus shall meet the requirements of National Fire Protection Association Standard 1901-1911, (2009 or latest edition) in all respects. 2.1.2 The estimated quantities provided by the City are not guaranteed. These quantities are listed for information purposes only. The quantities may vary depending on the demands of the City. Any variations from to these estimated quantities shall not entitle the contractor to an adjustment in the unit price or to any additional compensation. 2.1.3 The City reserves the right to purchase additional units at the bid price for a period of 12 months from the issue date of the purchase order. Additionally, the City reserves the option to renew the resulting Purchase Order for 7 additional terms of 1 year, for a total of 8 years. In the event the City elects to exercise its option for annual renewals, price adjustments will be considered by the City if the contractor demonstrates to the satisfaction of the City that price increase is justified. Any increase shall not exceed 3% annually. 3 MINIMUM QUALIFICATIONS Bidder must satisfy the minimum requirements specified below. Bids that do not meet or exceed the minimum requirements shall be deemed non-responsive and will not be considered. 3.1 Provide references least three (3) metropolitan fire departments that have received within the last five years and are currently using apparatus manufactured by the bidder that are of similar construction and type, and which represent the specified design, quality and workmanship of this specification. The reference list shall include the name of the agency, address, contact person, telephone number, and age of the apparatus. Use the Previous Customer Reference Worksheet (Attachment 5). 4 HOW TO OBTAIN THIS RFB 4.1 This RFB may be downloaded from the BidSync e -Procurement system located at www.bidsync.com. Suppliers may also navigate to the City of San Jose Bid -Line Web site at www.san'oseca.gov/purchasing/default.asp. At either Web site, follow the links to register for the on line service. You may register for free either on-line or by calling BidSync Vendor Support at 1- 800-990-9339, telling the support representative that you are registering for City of San Jose procurements. 4.2 Bidders can attach documents on Bidsync for online bids by clicking on "Upload Attachments", then browse through your computer to fine the document you want to attach. Click "Browse", find the document, and click "Open". The location of the document will be in the browse field. Click on "submit" to attach the document. Any questions regarding document attachment or uploading should be directed to BidSync at the above mentioned telephone number. 4.3 All addenda and notices related to this procurement will be posted by the City on BidSync. In the event that this RFB is obtained through any means other than BidSync, the City will not be responsible for the completeness, accuracy, or timeliness of the final RFB document. 5 COMPLETE RFB This document describes the Products or Services required by the City, RFB process and RFB provisions. In addition, the following attachments, exhibits and/or appendices are included: 5.1 ATTACHMENTS The following Attachments are included in this bid package. Bidders are responsible for ensuring that they possess all of the documents identified below. If a document identified below is missing, contact the Procurement Contact identified on the cover page of this document. Attachment Number Title 1 Bid Specifications 2 Bid Pricing Form 3 Bid Certification 4 Request for Approved Equals 5 Previous Customer Reference Form 6 Local/Small Business Enterprise Preference Request 7 Service Center Form 8 Insurance for onsite training) 9 Purchase Order Terms and Conditions 10 Liquidated Damages Addendum 6 INSTRUCTIONS TO BIDDERS 6.1 PREPARATION OF BID 6.1.1 All bid pricing shall be submitted online on BidSync, and required forms provided in this Request for Bid (RFB) package shall be attached to electronic bid. 6.1.2 Only on-line bids shall be accepted. Contractors are to submit pricing online using the BidSync System. There will be no public opening of bids. 6.1.3 Contractors are to attach a scanned copy of the signed Bid Certification Form to the electronic bid submission, including any other required attachments. 6.1.4 The authorized person signing the Bid Certification Form shall initial erasures, interlineations, or other modifications in the bid in original ink. 6.1.5 No bid shall be altered, amended, or withdrawn after the specified bid due time and date. 6.1.6 Periods of time, stated as a number of days, shall be in calendar days (not working days) 6.1.7 It is the responsibility of all contractors to examine the entire RFB package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a bid. Negligence in preparing a bid confers no right of withdrawal after bid due time and date. 6.1.8 No plea of ignorance of conditions that exist, or that may exist hereafter, or of conditions or difficulties encountered in execution of work under this contract will be accepted as an excuse for failure of, or omission on the part of contractors to fulfill in every detail all of the requirements of contract, nor will they be accepted as basis for any claims whatsoever for extra compensation. 6.1.9 All costs associated with responding to this bid shall be at the bidder's sole expense. The City shall not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. 6.1.10 Submission of additional or conflicting terms, conditions or agreements with this bid document will result in the determination that the bid is non-responsive. 6.1.11 The Bid documents are complementary, and what is called for by any one of the documents shall be as binding as if called for by all. 6.2 REQUIRED BID SUBMISSION DOCUMENTS Document to Submit Attachment # When to Submit Comments Bid Pricing 2 By due date. Electronic submission. Bid Certification 3 By due date. Electronic submission. Request for "Approved 4 By questions deadline. Submit via email, if Equals" applicable. Previous Customer Attach to Electronic Reference Form 5 By due date. submission. If applicable, please attach file with your Request for Local/Small electronic submittal, Business Preference 6 By due date. unless you submitted qualification as part of your company registration with BidSync. Service Center Form 7 By due date. Electronic submission. Insurance 8 Post Award by Successful Submit via email. Requirements Contractor, 10 days from Document to Submit Attachment # When to Submit Comments the final date in the protest period. Post Award by Successful Liquidated Damages 10 Contractor, 10 days from Submit via email. Addendum the final date in the protest period. 6.3 OBJECTIONS Any objections as to the structure, content or distribution of this RFB must be submitted in writing to the purchasing contact identified on the Cover Page prior to the submission deadline for Questions and Answers. Objections must be as specific as possible, and identify the RFB section number and title, as well as a description and rationale for the objection. 6.4 INQUIRIES Any questions related to an RFB shall be directed to the Procurement Contact identified on the Cover Page by the deadline specified. The contractor shall not contact or ask questions of any other City employee or person involved with the development of the specifications or any other information related to the RFB. All questions are to be submitted in writing through the BidSync Question and Answer utility. Oral interpretations or clarifications will be without legal effect. All responses to questions will be in writing in the form of an addendum. Questions answered on BidSync shall be considered addendum to the RFB. 6.5 SUBMITTAL OF REQUEST FOR APPROVED EQUALS 6.5.1 Contractors wishing to submit request for "approved equals" products must complete and submit Attachment #4 by the deadline indicated under "key dates and information" on the first page of this document. Supporting documentation must be included that demonstrates compliance with the specifications as listed in this document. 6.5.2 When an "or equal" is offered, the City may test and evaluate the product prior to award of the contract. At contractor's expense, this full evaluation may require independent testing, including destructive testing, at qualified test facilities. 6.5.3 Instructions for requesting approved equals as listed in Attachment #4 must be followed explicitly. Each and every product specification as listed in Attachments #1A and 1B must be identified with contractor acknowledging that the product meets or exceeds these specifications. Each product specification must be cross-referenced to the supporting documentation demonstrating that the product meets that specification. Supporting documentation such as data sheets, manufacturers' specifications, etc. must be provided and cross-referenced back to the specification. 5.5.5 The City, in its sole discretion, will accept or reject all requests for approved equals. Contractors will be notified in the form of an addendum by the due date listed on the Cover Page. 6.6 WITHDRAWAL OF BID At any time prior to a specified RFB due time and date, a bidder (or designated representative) may withdraw the bid. 6.7 BID OPENING (VIRTUAL OPENING) All bids received online through BidSync by the closing date and time will be displayed through Bidsync's virtual opening immediately after the designated time. BidSync will show the apparent lowest bidder. All bids will be verified by the City, and the City will publish a Notice of Intended Award (net of any local or small business preference) typically within two days after the virtual bid opening. 6.8 LATE BIDS BidSync will not accept any late bids after the bid closes. 6.9 EVALUATION OF BIDS The City will evaluate bid submittals according to the following general criteria: 6.9.1 Responsibility: The contractor has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. 6.9.2 Responsiveness: Bids will be examined to ensure that the contractor has submitted both the required documentation and is responsive to the technical specifications. 6.9.3 Bid Sheets Preparation/Instructions for Contractors: Contractors must submit bid pricing online. Contractors shall quote price on each and every item to be considered responsive; partial bids shall not be accepted. "Unit Price" is the bid price for each item. "Extended Price" is the extension of the estimated quantities multiplied by the "Unit Price." Each line item extended price is to be entered in the space provide. Contractors are cautioned to check bid price entries for correctness of unit prices, extended prices, and total prices. 6.10 DETERMINATION OF LOW BID 6.10.1 The award will be made to the lowest responsive, responsible bidder of the Base bid. 6.10.2 Acceptable cash discounts will be applied to the bid prices to determine the apparent low bidder. 6.11 PROTESTS 6.11.1 If an unsuccessful Bidder wishes to protest the award recommendation, the unsuccessful bidder must submit the protest in writing to the Purchasing Officer no later than ten calendar days after announcement of the apparent successful contractor. Protest must detail the grounds, factual basis and provide all supporting information. Protests will not be considered for disputes of bid specifications, which must be addressed in accordance with Section 6.3. 6.11.2 The address for submitting a protest is: City of San Jose 200 East Santa Clara Street, 13th Floor San Jose, CA 95113 Attn: Jamil Coleman 6.12 GROUNDS FOR DISQUALIFICATION 6.12.1 All contractors are expected to have read and understand Council Policy 0-35 on Procurement and Contract Process Integrity and Conflict of Interest adopted on February 6, 2007. A complete copy of the policy can be found at: http://www.csj.gov/clerk/ (Select Council Policy Manual in navigation bar on left side). Any proposer who violates the Policy will be subject to disqualification. Generally, the grounds for disqualification include: 6.12.1.1 Contact regarding this procurement with any City official or employee or evaluation team member other than the Procurement Contact from the time of issuance of this solicitation until the end of the protest period. 6.12.1.2 Evidence of collusion, directly or indirectly, among Bidders in regard to the amount, terms, or conditions of this bid. 6.12.1.3 Influencing any City staff member or evaluation team member throughout the solicitation process, including the development of specifications. 6.12.1.4 Evidence of submitting incorrect information in the response to a solicitation or misrepresent or fail to disclose material facts during the evaluation process. 6.12.2 In addition to violations of the Process Integrity Guidelines, the following conduct may also result in disqualification: 6.12.2.1 Offering gifts or souvenirs, even of minimal value, to City officers or employees. 6.12.2.2 Existence of any lawsuit, unresolved contractual claim or dispute between Bidder and the City. 6.12.2.3 Evidence of contractor's inability to successfully complete the responsibilities and obligations of the proposal. 6.12.2.4 Contractor's default under any City agreement, resulting in termination of such Agreement 6.13 TERMS AND CONDITIONS Attachment 9 titled "Terms and Conditions" outlines the City's standard terms and conditions as part of the agreement between the City and successful contractor. Questions regarding these terms should be submitted by the final date to submit questions listed under "Key Dates and Information" table on the cover page of this document. 6.14 WAIVER OF BID DEFECTS Notwithstanding any other provision of the RFB, the City shall have the right to waive any informalities or minor irregularities in bids or bidding. 6.15 PUBLIC RECORD All bids opened in response to this invitation shall become the property of the City and shall become a matter of public record available for review. 6.16 PAYMENT TERMS 6.16.1 Payment terms are thirty calendar days after receipt and City's acceptance of materials or services and a correct invoice. 6.16.2 Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City's payment is mailed. Payment discounts of twenty-one days shall be deducted from the bid price in determining the low bid. However, the City shall be entitled to take advantage of any payment discount offered by vendor provided payment is made within the offered discount period. 6.17 PRICING 6.17.1 Pricing for product shall be firm fixed for the initial term. During this period the price may not change. 6.18 TAXES 6.18.1 Do not include California retail sales tax in your bid price. All such taxes will be calculated and included on the Purchase Order. 6.18.2 The City of San Jose is exempt from federal excise tax, including federal transportation tax. The City will provide an exemption certificate as appropriate. 6.18.3 Contractors conducting business in the City of San Jose or using their own trucks to deliver merchandise must pay a City of San Jose Business Tax (Business License). 6.19 LOCAL AND SMALL BUSINESS ENTERPRISE Chapter 4.12 of the San Jose Municipal Code provides for a preference for Local and Small Businesses in the procurement of contracts for supplies, materials and equipment and for general and professional consulting services. The amount of the preference depends on whether the vendor qualifies as a Local Business Enterprise or Small Business Enterprise and whether price has been chosen as the determinative factor in the selection of the vendor. In order for the contractor to be eligible for local and/or small business preference, the Bidder must complete Attachment 6, Request for Contracting Preference for Local and Small Businesses. If the contractor fails to complete this form and submit it with the bid, the contractor will be denied consideration for local/small business preference. This information cannot be submitted later. 6.20 INSURANCE 6.20.1 Contractors are required to maintain the insurance coverage as specified in Attachment 7. 6.20.2 Contractor is required to submit a "Certificate of Insurance" in accordance with the requirements outlined in Attachment 8 within 10 days from the final date in the protest period as identified in Section 6.11.1. Failure to do so may result in withdrawal of the award and award to the next lowest bidder. 7 DEFINITIONS Term I Definition Term Definition City City of San Jose Contractor Dealership and/or vendor and their representatives providing Vendor equipment, furnishings and related interior items, and Supplier installation services for the project. Any manufacturer or product line that has been submitted for consideration as being functionally and technically Approved equals "equivalent" to specified products. In order to submit a responsive bid, all such requests must be pre -approved by the City. Bidder Any person or company submitting a bid in response to this RFB document. Responsive Bidder Any person or company who has submitted a bid which conforms in all material respects to the Invitation for Bids. Responsible Bidder "Responsible" means a Bidder's quality, fitness and capacity to perform the particular requirements of the proposed work. Add -Alternate items are options that must be priced where Add Alternate indicated on the Pricing Bid form (if applicable), but will not be included in the low bid determination. Shall When the word "shall" is used with respect to a requirement, bidders may not take an exception. 8 LOCATION AND DELIVERY 8.1 The Contractor agrees to make deliveries to the specified City location only upon receipt of a duly signed and approved purchase order/release issued by the City. Delivery made without such documentation shall be at the contractor's risk. 8.2 The Contractor will be responsible for all costs associated with shipping, and delivery. All items delivered shall be Free On Board (F.O.B.) Destination, full freight prepaid except for special or expedited orders. In the event of special or expedited orders where incremental transportation or shipping fees are incurred by contractor, those incremental freight charges shall be added as a separate line item to the invoice submitted. 8.3 The successful contractor shall authorize immediate replacement of any item that has been damaged in transit. 9 LIQUIDATED DAMAGES 9.1 Time is of the essence in the completion, delivery and acceptance of these apparatus. Therefore, liquidated damages in the amount of $500.00 per calendar day per apparatus, beyond the 365 -day delivery requirement, shall be deducted from the final payment until the apparatus passes final acceptance by the City. 9.2 Should the successful bidder be obstructed or delayed in the work required to be done there under by changes in the work or by any default, act or omission of the City, or by strikes, fire, act of God, or by the inability to obtain materials, equipment, or labor due to Federal Government restrictions arising out of the defense or war program, then the successful bidder shall notify the City, in writing, the estimated period of delay. 10 OTHER PUBLIC AGENCY PURCHASES 10.1 It is intended that any other public agency be permitted to purchase under the terms submitted in response to this procurement. Any participating public agency shall accept sole responsibility for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of San Jose will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with participation by other public agencies. 10.2 If other agencies participate, the contractor shall furnish the City of San Jose an annual report showing the name of the agencies, contact person, and phone number for each agency, and details of items supplied, including quantities. This report shall be furnished to the City on the anniversary date of the commencement of the contract. 11 ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY 11.1 The City has adopted an "Environmentally Preferable Procurement" (EPP) policy. The goal is to encourage the procurement of products and services that help to minimize the environmental impact resulting from the use and disposal of these products. These products include, but are not limited to, those that contain recycled content, conserve energy or water, minimize waste or reduce the amount of toxic material used and disposed. 11.2 The City's EPP Policy can be viewed at this website: http://www.sanjoseca.gov/clerk/cp_manual/CPM_4_6.pdf ATTACHMENT 1A SPECIFICATIONS GENERAL 1.1 INTRODUCTION 1.1.1 Bids are requested for a quantity of two (2) 1,500 GPM Fire Engines. The apparatus shall meet the requirements of National Fire Protection Association Standard 1901-1911, (latest edition) in all respects. The bid price must remain valid for a period of 365 days from the date of bid opening. 1.1.2 The apparatus shall be delivered by the bidder under its own power within 365 calendar days from the date the purchase order is issued with all equipment specified, to the City of San Jose, California, Central Service Yard, 1661 Senter Road, Building F, San Jose, CA, 95112. Early delivery is acceptable. 1.2 INTENT It is the intent of this specification to describe the essential minimum requirements for the construction and performance of the apparatus and associated equipment. Unit(s) shall comply with NFPA Standard 1901-1911, (2009 or latest edition) all federal, state, ICC and DOT regulations, standards, and laws relating to commercial vehicles as well as to fire apparatus. 1.3 BRAND NAMES Whenever reference to a specific brand name is made by the City of San Jose, it is intended to describe a component that has been determined to best meet operational, performance, or reliability standards of the City of San Jose, thereby incorporating these standards by reference within the specifications. These specifications are not meant to limit the vendor; they are guidelines to minimum qualifications. 1.4 CITY OF SAN JOSE PROVISIONS TO PREVAIL — NO EXCEPTIONS The City of San Jose's Terms and Conditions shall govern any contract award. 1.5 EXCEPTIONS, VARIATIONS OR CLARIFICATIONS 1.5.1 These specifications are based upon design and performance criteria, which have been developed by the City of San Jose as a result of extensive research and careful analysis of the data. Subsequently, these specifications reflect the only type of fire apparatus that is acceptable at this time. Certain exceptions may be accepted if they are minor, equal or superior to that which is specified. All exceptions shall be listed in a separate section with the corresponding page number, section title, and paragraph number of the item in question or item taken exception to. 1.5.2 It is the responsibility of the bidder to review all of the bidding requirements. Failure of a bidder to be acquainted with this information shall not relive him/her from any obligations of the bid requirements. 10 1.5.3 A complete set of contractor's specifications and drawings showing the front, rear, left, right, top view, overall length and all dimensions of the proposed apparatus, including angle of approach and departure, must be submitted with the bid for the purpose of comparison. 1.5.4 Any exceptions not taken shall be assumed by the City of San Jose to be included in the proposal and in compliance with the specification as written, regardless of the cost to the bidder. Deviations will not be tolerated and will be cause for rejection of the apparatus unless there were change orders executed by the City of San Jose. All exceptions shall be stated no matter how seemingly minor. Any exceptions not taken shall be assumed by the City of San Jose to be included in the proposal, regardless of the cost to the bidder. 1.5.5 Items of non-compliance shall be listed in a section entitled "EXCEPTIONS TO FIRE APPARATUS SPECIFICATIONS". ALL EXCEPTIONS ARE SUBJECT TO APPROVAL BY CITY OF SAN JOSE. PROPOSALS TAKING TOTAL EXCEPTION TO SPECIFICATIONS WILL NOT BE ACCEPTED. Any exception or clarification to these specifications shall be noted on an individual sheet of paper referencing the section number and the exception or clarification offered. 1.5.6 Bidder acknowledges that all requests for deviations, exceptions and approved equals are enclosed herein and that only those deviations, exceptions and approved equals included in the final bid document or permitted by formal addenda are accepted by the City of San Jose 1.6 PERFORMANCE TESTS AND REQUIREMENTS A road test equal to the requirements of NFPA 1901 will be performed within 15 working days after apparatus has been delivered to the City of San Jose. Additionally, a pump test equal to the requirements of the annual service test specified in NFPA 1911 will be performed within 15 working days after apparatus has been delivered to the City of San Jose. The road test shall be conducted with the apparatus fully loaded and a continuous run of ten (10) miles or more shall be made under all driving conditions, during which time the apparatus shall show no loss of power or overheating. The transmission drive shaft or shafts, and rear axles shall run quietly and be free from abnormal vibration or noise throughout the operating range of the apparatus. Vehicle shall adhere to the following parameters: 1.6.1 The apparatus, when fully equipped and loaded, shall have not less than 25% nor more than 50% of the weight on the front axle, and not less than 50% nor more than 75% on the rear axle. 1.6.2 The apparatus shall be capable of accelerating to 35 mph from a standing start within 25 seconds on a level concrete highway without exceeding the maximum governed rpm of the engine. 1.6.3 The service brakes shall be capable of stopping a fully loaded vehicle in 35 feet at 20 mph on a level concrete highway. The air brake system shall conform to Federal Motor Vehicle Safety Standards (FMVSS) 121. 1.6.4 The apparatus, fully loaded, shall be capable of obtaining a speed of 60 mph on a level concrete highway with the engine not exceeding its governed rpm (full load). is 1.7 ACCEPTANCE 1.7.1 Before acceptance of the apparatus and/or equipment to be furnished under this bid, the City of San Jose shall have the right to inspect and test the apparatus and/or equipment to ascertain that all requirements of these specifications and the notice have been fully complied with and that the equipment is proper and complete in every respect and in perfect working order. It is understood and agreed that the City of San Jose shall have the right to make such tests of the equipment. 1.7.2 In the event of disapproval or rejection by the City of San Jose, or the apparatus fails to meet the test requirements of these specifications on the first trail, the bidder shall, at its own expense, make such repairs or replacements the City of San Jose considers necessary to conform to these specifications and a second trial may be made at the option of the bidder with (30) days of the date of the first trail. 1.7.3 Such trials shall be final and conclusive and failure to comply with these requirements shall be cause for rejection. Failure to comply with changes, as the City of San Jose may consider necessary to conform to any clause of the specifications with (30) days after notice is given to bidder of such changes, shall be cause for rejection of the apparatus. 1.7.4 Permission to keep or store the apparatus in any building owned or occupied by the City of San Jose or its use by the City of San Jose during the above-specified period with the permission of the bidder, shall not constitute acceptance. 1.8 COMPLIANCE WITH APPLICABLE LAWS 1.8.1 The apparatus shall comply with all U.S. Department of Transportation, State of California Motor Vehicle Code, Air Pollution and Emission Control, apparatus meeting requirements of the California Air Pollution Control Board, and local requirements pertaining to vehicles used for fire fighting, and emergency vehicles at time of contract signing. 1.8.2 The apparatus must also comply with all requirements as specified in NFPA 1901 (latest edition) standards at time of bid. The unit is to be of current year manufacture, and is to be new and unused. 1.9 NFPA 2009 STANDARDS 1.9.1 This unit shall comply with the NFPA standards effective January 1, 2009. 1.9.2 Certification of slip resistance of all stepping, standing and walking surfaces shall be supplied with delivery of the apparatus. 1.9.3 The manufacturer shall have programs in place for training, proficiency testing and performance for any staff involved with certifications. 1.9.4 When requested by City, an official of the company shall designate, in writing, who is qualified to witness and certify test results. 1.10 NFPA COMPLIANCY Bidder shall meet the applicable requirements of the National Fire Protection Association (NFPA) as stated in current edition at time of contract execution. Fire department's specifications that differ from NFPA specifications shall be indicated in the proposal as "non-NFPA". `K 1. 11 TOTAL VEHICLE ASSESSMENT CERTIFICATION — NO EXCEPTIONS The apparatus shall be third -party, independent, audit -certified through Underwriters Laboratory (UL) to the current edition of NFPA 1901 standards. The certification includes: all design, production, operational and performance testing of the apparatus. 1.12 LICENSED MANUFACTURER 1.12.1 The State of California Vehicle Code, section 11701 requires "every manufacturer of a vehicle subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number". 1.12.2 The manufacturer shall have a current license at time of bid as outlined above and shall provide a copy of the license in your bid response. 1.13 LICENSED DEALERSHIP 1.13.1 The State of California Vehicle Code, section 11701 requires a "dealer in vehicles of a type subject to registration, shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number". 1.13.2 The dealership shall have a current license at time of bid as outlined above and shall provide a copy of the license in your bid response. 1.14 LICENSED SALES REPRESENTATIVE 1.14.1 The State of California Vehicle Code, section 11800 requires that it shall be "unlawful for any person to act as a vehicle salesperson without having first procured a license issued by the Department of Motor Vehicles (DMV)". 1.14.2 The representative of the contractor shall have a current vehicle salespersons license at time of bid as outlined above and shall provide a copy of the license in your bid response. 1.15.1 The State of California Vehicle Code section 11739 requires that the "dealer of a new motor vehicle sale is responsible for applying for the title, securing vehicle registration, and obtaining license plates for the City of San Jose" through the Department of Motor Vehicles (DMV). 1.15.2 Seller must be a factory -authorized dealer of the vehicle being sold and authorized to register with the State of California as a new vehicle manufacturer. 1.15.3 The dealer shall be required to register the vehicle with the State of California Department of Motor Vehicles. Registration must be for exempt license plates. 1.15.4 The dealership shall obtain and/or provide the documents and services stated above prior to final delivery. 13 1. 16 SERVICE FACILITY 1.16.1 The City of San Jose places a high priority on service. In order to provide efficient service and support during the life of the apparatus, it shall be required that the successful bidder maintains an authorized service and repair facility within one hundred and twenty five (125) miles of the City of San Jose's City Hall located at 200 East Santa Clara Street. The contractor's service center shall have an indoor heated facility and shall be protected by fire and security alarm systems for safe storage of the apparatus. 1.16.2 Since the continuous operation of this equipment is important and always of an emergency nature, it is necessary that the successful bidder be in a position to render prompt parts and service support. 1.16.3 The facility's primary focus will be fire apparatus maintenance and repair including but not limited to water pumps, valves, plumbing, hydraulics, complex electrical systems, emergency lighting, and foam application systems. 1.16.4 The facility will also provide a full service collision center where major body and paint repairs can be performed. 1.16.5 The service facility shall maintain a complete inventory of repair and/or replacement parts, have an on-site training classroom, and own a minimum of one (1) fully equipped mobile service vehicle with the ability to carry spare parts and repair equipment. 1.16.6 It shall be the bidder's responsibility to transport the apparatus to the manufacturer's service facility for any warranty work at no cost to the City. Transportation costs shall not be included in the bid price. 1.16.7 The local service center shall be available for inspection prior to award of the contract. All bidders shall provide details of their service capabilities in the categories as required in the bidder response documents. 1.17 WARRANTY PROCEDURE 1.17.1 To prevent problems associated with "divided responsibility", the successful bidder shall coordinate and submit all warranty claims on behalf of the City of San Jose. 1.17.2 As part of the bid the contractor shall include an outline of how warranty claims and service issues will be coordinated and handled after the apparatus has been delivered. 1.17.3 Contractor shall also coordinate future product recalls and upgrades (if any) to the existing apparatus at no cost to the City for coordination, recall and upgrade. This includes coordinating repairs between the original manufacturer of the component and filing of warranty claims on behalf of the City of San Jose. 1.18 APPARATUS WARRANTY 1.18.1 The bidder shall warrant the apparatus and effective materials and workmanship for a period of no less than ONE YEAR from the date of acceptance. The bidder's warranty shall conform to those specified here and accompany the bid proposal. 1.18.2 This specification shall prevail in any variation between the manufacturer's offered warranty and those required in the specifications, unless an exception has been granted. 14 1.18.3 The successful bidder also agrees to assist the City of San Jose in the coordination of warranty claims of the major components, such as engine, transmission, pump, tank, body, etc. 1.19 COMPONENT WARRANTY 1.19.1 The successful bidder also agrees to assist the City of San Jose in the coordination of warranty claims of the major components, such as engine, transmission, pump, tank, body, etc. 1.19.2 Any costs involved, including but not limited to labor for removal or installation, parts components, fuel, travel, transport, towing and shipping fees, during the warranty period will be the sole responsibility of the bidder. 1.19.3 The apparatus dealer and/or manufacturer will assist the purchaser in processing warranty claims through the various component manufacturers. 1.20 ENGINE WARRANTY 1.20.1 Engine shall be covered by the manufacturer's five-year warranty, parts and labor. 1.21 TRANSMISSION WARRANTY 1.21.1 Automatic transmission shall be covered by the manufacturer's five-year warranty, parts and labor. 1.22 PUMP WARRANTY 1.22.1 Fire pump shall be covered by the manufacturer's two-year warranty, parts and labor. 1.23 START OF WARRANTY PERIOD 1.23.1 All warranties on parts and equipment used to construct the vehicle to make it whole must start on the day the apparatus is put into service by the San Jose Fire Department. No equipment will be used to construct a vehicle for the San Jose Fire Department where the manufacturer of such parts does not agree to this condition. 1.24 CUSTOMER SERVICE WEBSITE A Customer Service website shall be provided which offers the dealer and customer access to comprehensive information pertaining to the maintenance and service of the apparatus. The website shall consist of the following features: 1.24.1 Ability for the dealer to access to truck detail information on the major components of the vehicle, warranty information, available vehicle photographs, vehicle drawings, sales options, applicable vehicle software downloads, etc. 1.24.2 Parts look -up capability for items sourced by the fire apparatus manufacturer 1.24.3 Ability to allow the dealer to submit electronically a parts order and warranty claims 1.24.4 Ability to information to allow the dealer to maintain communication with the customer on the status of orders, claims, and phone contacts 1.24.5 Access to all currently published Operation and Maintenance Manuals, Service Publications, Service Bulletins and Work Instructions 1.24.6 Ability to allow the dealer access to applicable on-line diagnostic software ib7 1.24.7 Access to interactive electronic learning modules, covering the operation of major vehicle components 1.24.8 Access to training manuals used in the fire apparatus manufacturers training classes 1.24.9 Access to Customer Contacts within the Customer Service Department 1.25 MODIFICATION 1.25.1 The City of San Jose, at any time prior to the delivery date specified on the contract or purchase order, may issue a written change order for any modification. Such modifications shall be the result of negotiation and agreement between both parties. 1.25.2 Oral change orders are not permitted. No change on this bid or resulting contract or purchase order shall be made unless the City of San Jose gives its prior written approval by its authorized representative. The contractor shall be liable for all costs resulting from any unauthorized changes to the bid, contract or purchase order. 1.25.3 No change order shall be made unless it is documented in writing, signed by the contractor and countersigned by the City of San Jose. 1.25.3.1 (PREVIOUS SIMILAR BUILDS) The bidder shall include with their bid a list of at least three (3) metropolitan fire departments that have received within the last five years and are currently using apparatus manufactured by the bidder that are of similar construction and type, and which represent the specified design, quality and workmanship of this specification. The reference list shall include the name of the agency, address, contact person, telephone number, and age of the apparatus. Please refer to the bidder response documents for the required information to include with each reference. 1.26 WEEKLY PROGRESS REPORTS The successful bidder shall provide weekly progress reports including photographs of the apparatus or the major components as they are being constructed. The reports shall commence at the beginning of the manufacturing process and shall continue until just prior to the final inspection. The reports shall show the progress of the apparatus through the course of each week. 1.27 DELIVERY TO AUTHORIZED SERVICE FACILITY 1.27.1 The dealer shall, at their expense, deliver the apparatus (including any applicable equipment, spare parts and supplies) to the manufacturer's authorized service facility in Northern California for a dealer preparation inspection. 1.27.2 To ensure proper break in of all components while still under warranty, the apparatus shall be delivered under its own power - rail or truck freight shall not be acceptable. 1.27.3 Prior to delivery to the dealer, the apparatus (including any applicable equipment, spare parts and supplies) shall be completely assembled as necessary to assure proper operation and function. 1.27.4 Delivery of the apparatus shall be within THREE HUNDRED SIXTY-FIVE (365) calendar days after execution and acceptance of a contract or purchase order. 1114 1.27.5 Failure by the successful contractor to notify the City of San Jose immediately of any delivery beyond the stated date or terms is cause for the contractor to be held responsible for damages incurred as a result of an extended delivery time. 1.27.6 Satisfactory delivery means that the apparatus arrives at the delivery location designated by the City of San Jose and all work has been done to correct deficiencies from specifications or mechanical difficulties. 1.28 DEALER PREPARATION Bid prices must include all necessary dealer preparation applicable to new equipment prior to final delivery to the City of San Jose. The dealer shall provide and/or complete the following services (if applicable to the specification): 1.28.1 Specification / Bid Compliance - Inspect apparatus for compliance with bid specifications. 1.28.2 Fluid Levels - Inspect for correct capacities of the following: engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear end fluid, pump transmission oil, and primer oil. 1.28.3 Visual Inspection - Inspect tires and wheels for proper pressure and lug torquing. Tighten any loose hardware and repair reasonable paint scratches or chips. Lubricate valve rods and check doors for correct adjustment. 1.28.4 Gauge inspection for waterway system - Test individual gauges for calibration. 1.28.5 Electrical Inspection - Operate all lights, sirens, and other electrical accessories. 1.28.6 Road Test - Run a road test with tank full. Empty tank, drain pump, and drain all lines when above steps are completed. 1.28.7 Fuel Tank - Fuel tank shall be filled to capacity prior to final delivery. 1.28.8 Cleaning / Detailing - The apparatus shall be thoroughly washed and detailed at the dealership prior to final delivery to the City of San Jose. This includes removal of any metal shavings. 1.29 The City of San Jose shall inspect and approve the apparatus at the contractor's service facility prior to final delivery. The apparatus shall not be delivered to the City of San Jose until this dealer preparation inspection is performed. 1.30 SAFETY VIDEO Documentation provided at the time of delivery shall also include an apparatus safety video, in DVD format. This video shall address key safety considerations for personnel to follow when they are driving, operating, and maintaining the apparatus. Safety procedures for the following shall be included: vehicle pre -trip inspection, chassis operation, aerial and waterway operation and maintenance. 1.31 QUALITY AND WORKMANSHIP The design of the apparatus shall embody the latest approved automotive engineering practices. The workmanship shall be of the highest quality in its respective field. Special consideration shall be given to the following points: Accessibility of the various units which require periodic maintenance; ease of operation and symmetrical proportions. Construction shall be rugged and ample safety factors shall be provided to carry the loads specified and to meet WA both on and off road requirements and speed conditions as set forth under Performance Tests and Requirements. Welding shall not be employed in the assembly of the apparatus in a manner that shall prevent the ready removal of any component part for service or repair. All steel welding shall follow American Welding Society D1.1-2004 recommendations for structural steel welding. All aluminum welding shall follow American Welding Society and ANSI D1.2-2003 requirements for structural welding of aluminum. All sheet metal welding shall follow American Welding Society B2.1-2000 requirements for structural welding of sheet metal. Flux core arc welding to use alloy rods, type 7000, American Welding Society standards A5.20- E70T1. Employees classified as welders are tested and certified to meet American Welding Society codes upon hire and every three (3) years thereafter. The manufacturer shall be required to have an American Welding Society certified welding inspector in plant during working hours to monitor weld quality. 1.32 GENERAL CONSTRUCTION The apparatus shall be designed with due consideration to distribution of load between the chassis front and rear axles. Weight balance and distribution shall be in accordance with the recommendations of the National Fire Protection Association. 1.33 ISO COMPLIANCE The manufacturer shall operate a Quality Management System under the requirements of ISO 9001. These standards sponsored by the International Organization for Standardization (ISO) specify the quality systems that shall be established by the manufacturer for design, manufacture, installation and service. A copy of the certificate of compliance shall be included with the bid. 1.34 APPROVAL DRAWINGS 1.34.1 Drawings for approval and blueprints with all details must be furnished within 30 days of the pre -construction conference. The engineering drawings must be to scale and representative of the bid units after the preconstruction conference clarifications are incorporated. Views of both sides as well as front, back, top, overall length, wheelbase, height, angle of approach/departure, compartment dimensions, dash switch layout and lighted vehicle open compartment indicator diagram. Generic drawings are unacceptable. Vendor shall also supply updated weight and balance calculations. This drawing shall indicate the chassis make and model, location of the lights, siren, horns, compartments, major components, etc. 1.34.2 A "revised" approval drawing of the apparatus shall be prepared and submitted by the manufacturer to the City of San Jose showing any changes made to the approval drawing. 1.34.3 The City will make every effort to correct the approval drawings before they are returned. However, if a variation or omission between the approval drawings and the written specification is discovered, the written specification shall prevail. 1.35 BODY CONSTRUCTION MATERIAL It is the intent of the City of San Jose to accept an apparatus of an all -aluminum or steel body and cab. The body shall be constructed of high-grade galvanized steel or aluminum 18 1.36 LIQUIDATED DAMAGES 1.36.1 Time is of the essence in the completion, delivery and acceptance of these apparatus. Therefore, liquidated damages in the amount of $500.00 per calendar day per apparatus, beyond the 365 -day delivery requirement, shall be deducted from the final payment until the apparatus passes final acceptance by the City. 1.36.2 Should the successful bidder be obstructed or delayed in the work required to be done there under by changes in the work or by any default, act or omission of the City, or by strikes, fire, act of God, or by the inability to obtain materials, equipment, or labor due to Federal Government restrictions arising out of the defense or war program, then the successful bidder shall notify the City, in writing, the estimated period of delay. 1.37 PROTOTYPE APPARATUS No prototype or experimental apparatus will be accepted. 1.38 DELIVERY TERMS 1.38.1 The apparatus shall be delivered by the bidder under its own power within 365 calendar days from the date the purchase order is issued with all equipment specified, to the City of San Jose, California, Central Service Yard, 1661 Senter Road, Building F, San Jose, CA, 95112. 1.38.2 Bidder must submit a firm delivery time (number of calendar days from the date of the order to date of delivery) of said apparatus with the bid. Quoting number of days after receipt of all components is unacceptable. A deduction of $500.00 per day will be made for each day over and above the quoted delivery date. The damages will also apply if the unit(s) is delivered and rejected, until the unit(s) is returned meeting specification. Delivery date will be confirmed at the first pre -construction conference. 1.39 FACTORY INSPECTION TRIPS 1.39.1 The manufacturer and/or vendor of the unit shall provide, at no cost to the City of San Jose or its representative, three (3) trips to the manufacturer's plant for three (3) representatives of the City. This will consist of two (2) Fire Department representatives and the Fleet Manager. During these trips, the manufacturer and/or vendor shall pay all expenses for transportation, meals and lodging for the City's representatives. The manufacturer and/or vendor shall be responsible for making all travel arrangements and lodging accommodations with approval of the Fleet Manager as to dates and times. The intent of these trips is to secure a mutual agreement between the manufacturer and the City of San Jose as to the exact design and detail of the unit being built per the City's specifications. 19 1.39.2 The first trip shall be the pre -construction conference at the final stage manufacturer's assembly plant where the completed units will be assembled. It is required that a representative from the cab/chassis manufacturer, be present at this pre -construction conference to review all details of the cab and chassis specified. The City's representatives and the manufacturer's staff will review, in detail, the final assembly plans and specifications for the units to be built for the City. This trip shall occur just prior to the beginning of production of the City's units. The second trip shall be for the inspection of plumbing, wiring, and pre -paint of the entire apparatus. The third trip will be for final inspection of the completed units prior to delivery. The manufacturer understands that additional visits may be necessary throughout the construction process as deemed necessary by Fire Department and City Staff in order to ensure the final product meets all performance and specification requirements. Each construction meeting shall have a representative from the manufacture present. 1.40 EQUIPMENT MOUNTING All tools and equipment specified/supplied with apparatus, or provided by Fire Department shall be mounted by the bidder per the San Jose Fire Department's instructions which will include pegboard type mounting surface, fabricated brackets, trays, dividers, covers and tool mounts at the discretion of San Jose Fire Department. 1.41 EXTENSION TO OTHER AGENCIES The prices, terms and conditions of this specification may be extended to other governmental agencies at mutual agreement of both agencies and contractor. All requirements of specifications, purchase orders, invoices and payments with other agencies would be direct with successful bidder. The City of San Jose does not warrant any additional use of the contract by such agencies. 1.42 OVERALL APPARATUS DIMENSIONS The apparatus, when fully equipped, shall not exceed 31' 4" in overall length, 114" in overall height, shall not have a rear hose bed height that exceeds 80" from the ground to the bottom of the bed, transverse hose bed height shall not exceed 67" from the ground to the bottom of the bed. Tailboard depth shall be 18", shall not have an angle of departure or approach less than 14 degrees. Wheelbase shall not be greater than 191 ". 1.43 FIREFIGHER TRAINING 1.43.1 Within 15 days after delivery, two (2) factory representatives shall be present to familiarize those members designated by the Fire Department and Fleet Manager of the City of San Jose with the basic operation and maintenance of the apparatus and its components. 1.43.2 A structured program covering proper operation and maintenance shall be presented on six (6) days, eight (8) hours per session, two truck companies per session, at no cost to the City of San Jose at a location determined by the San Jose Fire Department. The training shall be provided by two representatives from the successful bidder. This instruction shall be provided by the manufacturer's training staff. The class will consist of thorough coverage of all apparatus chassis, and body features. The successful bidder shall provide an electronic class outline two weeks prior to training for Fire Department review and approval. The bidder's representatives shall review the entire training program with Fire Department staff at least one week prior to the schedule training dates. The review should include actual operation of apparatus features to ensure preparedness for actual training. At each training session the bidder shall provide quality handouts for all attendees identifying critical chassis, and body components with proper operation and maintenance instructions. K11 1.44 TECHNICIAN TRAINING 1.44.1 The bidder agrees to provide a structured sixteen (16) hour class covering operation, maintenance and repair program for City (Fleet) technicians. The training shall include apparatus overview and operation as well hands-on training to include the use of diagnostic equipment for apparatus systems such as the engine, transmission, how to order parts through the local service center by utilizing parts manual, instruction in the use of tools and how to replace minor assemblies, as applicable. Equally important in this training will be when to call appropriate personnel for assistance. Preventative maintenance procedures shall be set up and definite schedules developed to assure proper maintenance of the apparatus. Troubleshooting will be emphasized and reinforced continually throughout the training sessions. 2 CAB 2.1.1 The cab and chassis shall be a Spartan Chassis, Inc. Gladiator LFD, tilt cab, engine forward with a 10" raised roof, or equal. The raised roof not to exceed the specified overall height of apparatus. Cab doors to be "barrier clear". Cab shall include full vertical chrome (from drip rail to bottom of cab) trim pieces 5 inches deep on back of cab and 2 inches on sides located at the rear of the cab corners. 2.1.2 Cab shall be "Extreme Duty" type with all interior surfaces painted Zolatone black, (or equal). The entry landing at each door above first step shall be diamond plate surface for wear protection. The cab shall also include a slide -out tray with a gas strut for stability at the Captain's position for the mounting of a laptop docking station. 2.1.3 Raising of the tilt cab shall be accomplished through a hydraulic lift system, consisting of two (2) hydraulic lift cylinders, a hydraulic pump, two (2) spring-loaded latches, and an electrical control switch. The hydraulic cylinders shall lift the cab. An audible alarm shall sound when the cab is being raised or lowered. The alarm shall stop sounding in lowered locked position. The alarm shall also stop sounding when cab is fully raised locked position. 2.1.4 A manual hand jack and pump shall be provided in the event of electrical failure. The hand pump assembly, with jack handle, shall be shipped loose. Mounting location to be determined after chassis arrives at final stage manufacturer. 2.1.5 Cab shall have seating capacity for six (6) people, two (2) in the forward cab, two (2) in rear facing seats mounted outboard in the rear cab and two (2) against the rear cab wall, forward facing, mounted on the transverse compartment/tunnel. 2.1.6 All safety belts shall be ABTS (All Belts to Seat) type integrated three-point shoulder harness with lap belt and an automatic retractor built into the seat assemblies. The female seat belt clasp shall extend up from the seat base 14" to be within easy reach of the occupant. The female clasp shall be provided with clipping device to hold clasp in up position if necessary. Safety belts shall be provided on all six (6) interior seats. Interior seats to be vinyl, (no cloth) color black. A seat belt use warning system shall be installed in the chassis. The system will provide a visual and audible warning when all of the following conditions are met: 1.) Any seat is occupied (sixty pounds minimum). 2.) The corresponding seat belt(s) remains unfastened. 3.) The park brake is released. 4.) When a seat was not occupied before a seat belt was fastened. `04i Once activated, the visual and audible indicators will remain active until all occupied seats have the seat belts fastened (in the correct sequence). This audible alarm shall have a sound that is distinct and different from other audible alarms included in this apparatus (open compartment, Engine, etc). A Weldon visual display Model # 6204-000-00 shall be located on the captain's dash area providing a visual indication of which seats were belted in incorrect sequence or when a seat is occupied without the seat belt being fastened. This display shall be integrated with the V -mux multiplex system or equal. The V -mux screen shall also display the same seating position information. Exact location of display Model # 6204-000-00 shall be determined at the preconstruction conference. 2.1.7 Two (2) outboard, rear -facing seats in the crew area shall be Seats Inc. 911 "Universal" SCBA high back individual seats. The "Universal" high back seat shall include a tapered padded seat cushion. All SCBA type seats in the cab will have a "Hands -Free" auto clamp style bracket in its backrest. For efficiency and convenience, the bracket will include an automatic spring clamp that allows the occupant to store the SCBA bottle by simply pushing it into the seat back. For protection of all occupants in the cab, in the event of an accident, the inertial components within the clamp will constrain the SCBA bottle in the seat and will exceed the NFPA standard of 9G. Bracket designs with manual restraints (belts, straps, buckles) that could be inadvertently left unlocked and allow the SCBA to move freely within the cab during an accident, will not be acceptable. These seats shall accommodate Scott Air Pak 75 SCBA with 45 minute cylinder. There will be a quantity of two (2) SCBA brackets in the cab area. San Jose Fire Department will provide SCBA bottle to confirm exact size at preconstruction conference. 2.1.8 The officer's and driver's seat shall be eight -way electric, Seats Inc. 911 high back seats and shall include a tapered padded seat cushion. 2.1.9 Two (2) center forward facing seats in the crew area shall be Seats Inc. 911 high back individual seats with folding armrest. Each seat shall include a tapered padded seat cushion and back. 2.1.10 A platform (transversed tunnel) shall be designed and installed against the rear cab wall. This platform shall be constructed of smooth aluminum and welded to the cab structure. Cabinet shall have Whelen LED flourent plus light inside cabinet the full distance across department. 2.1.11 The platform shall be painted to match the interior of the cab 2.1.12 Provide one (1) access door, as large as possible, in the lower portion for interior access of storage under the platform. Doors openings shall have stainless steel or aluminum lower edge protection. The extended portion of the exterior cab shall have access doors that allow for additional storage. 2.1.13 On each front interior door panel, provide a diamond plate pocket that will hold one (1) complete set of Lynx maps. Approximate dimensions are 16" W x 11" H x 2" D. Exact size will be determined at the pre -construction conference. 2.1.14 On the front interior Officer's door panel, provide a diamond plate T -card pocket that will hold one (1) complete set of T -cards. Approximate dimensions 3.5" W x 6.75" H x.75" D. Exact size and location will be determined at the pre -construction conference. `0a 2.1.15 All cab doors will be provided with lock and key and all keyed alike. Key to be #1250. Exterior door handles shall be chrome with chrome backing plates. 2.1.16 All cab windows and locks shall be power operated. A hidden exterior door lock switch shall be provided to unlock doors. 2.1.17 Four (4) 18" vertical grab handles shall be provided at each exterior cab door entrance. Rails shall have an anti -slip surface and stainless steel or chrome backing plates. 2.1.18 Four (4) assist grab handles located at each interior cab door entrance. Handles shall assist personnel entering the cab. 2.1.19 A 45% light transmittance dark tint shall be applied to windows to aid in cab cooling and to help protect passengers from radiant solar energy. 2.1.20 Cab shall be equipped with a dual function heavy-duty heater/defroster unit, minimum rating of 60,000 BTU's. 2.1.21 Provide one (1) in -cab 12 -volt air conditioner. The system shall have adjustable multi- directional air outlets in the cab and in the rear crew area. The air conditioner shall provide a minimum 32,000 BTU/hr. The system shall have pressure switches to control the compressor clutch for more efficient operation. The ceiling A/C unit shall have easily removable access panels for repair of serviceable items. 2.1.22 Windshield wipers shall be electric, full sweep parallelogram type, dual arm wipers. Wipers shall be intermittent type with minimum 2 -speed with delay. The wipers are to be the wet arm type. 2.1.23 Two (2) large side electric and heated mirrors are to be door mounted. They shall be Moto or equal. 8" convex mirrors shall be located on the bottom. Controls shall be located on the dashboard. Electrical connectors shall be provided at the mirror to allow for easy removal and replacement. 2.1.24 Provide four (4) heavy duty hooks in the rear cab area for turnout coat storage. Exact type, size and location will be determined at the pre -construction conference. 2.1.25 Located on the officer's side mounted in the cab dash next to the electrical panel, a second speedometer shall be provided. 2.1.26 Provide one (1) weather band AM/FM radio with compact disc player, installed in the driver's overhead. Four (4) speakers shall be mounted, two in the rear and two in the front of the cab. 2.1.27 Engine cover shall include a map book box. The box shall be a Spartan Motors optional design with two (2) 12 -volt outlets wired directly to the batteries for cell phones use. This map box will hold (5) three ring binders stored in the upright position. Box shall have full size lid hinged at the rear and to be held in up position with gas strut. Box shall be painted to match cab. Exact design and size will be determined at the pre -construction conference. A drawing will be provided for approval prior to construction. 2.1.28 Between the two rear facing rear seats shall be a compartment approximately 34" high by 30" wide by 25.5" deep. The compartment shall have an Amdor roll up door with lock and key #CH 545. This compartment shall have one (1) adjustable pull-out shelf. Lifting handle needs ample space for lifting door. Exact dimensions/design to be determined at preconstruction meeting. 23 2.1.28.1 The top of the box will have a 1" lip around the outside edge. Compartment shall have EMS glove box holder mounted on top to hold three boxes of gloves. Holder and box should be painted to match the interior of the cab. Exact design of box and holder shall be determined at the preconstruction meeting. 2.1.29 Provide and install one (1) complete David Clark intercom system with 6 headset stations in the cab and one (1) wireless head set system for pump panel operations. Officer's, driver's and pump panel positions shall have radio interface with a Motorola radio. This will include all necessary hardware to make this system complete. Officer's and driver positions shall have push -to -talk buttons installed in the forward dash. Wireless headset at pump panel position shall have belt pack for push to talk operation. Exact location will be discussed at the pre -construction conference. In addition, provide hooks for hanging all David Clark headsets in cab area. Bidder will use cabling and connections furnished by David Clark, spliced cabling is unacceptable. All wire loops shall be gradual, pinched or tight loops will be unacceptable. All components shall be securely fastened in place to cab structure. Trim pieces shall be recessed for cable passages where necessary, so trim maintains its original fit. Headsets to be provided by San Jose Fire Department (See Communications Equipment Section 2.1.30 Provide and install five (5) Motorola handie-talkie chargers, WPLN4208C, 12VDC. (Motorola XTS-5000 radio) Chargers to be mounted in cab. Exact locations shall be determined by the City of San Jose and the successful bidder. 2.1.31 Provide a Whelen 295HFSA7 remote mount siren with control head, or equal. The control head shall be flush mounted in the rocker switch panel on the lower left hand side of dash. The unit is to have one (1) amplifier and one (1) 100 -watt speaker. The amplifier shall be mounted in communications cabinet. The speaker is to be mounted in the lower right side of the front bumper. Yelp and Wail shall be connected to the horn ring in the steering wheel. Exact locations shall be determined by the City of San Jose and the successful bidder. 2.1.32 Provide one (1) Grover Stuttertone 24" air horn recessed in the lower right side of the front bumper. Two (2) foot control switches shall be located in the cab, one (1) on the right side, and one (1) on the left side. Horn switches to be mounted inboard from the siren foot switches. 2.1.33 One (1) Federal Q2B mechanical siren shall be provided and mounted in the left side of the front bumper. The top of this siren shall not impede on the top surface of the bumper. Two (2) foot control switches shall be located in the forward cab, one (1) on the right side and one (1) on the left side. In addition, two (2) siren brakes shall be provided in the rocker switch panel, one (1) left side and one (1) right side. Exact mounting configuration to be determined at the preconstruction meeting. 2.1.34 Provide a 12 V battery disconnect switch for the siren in the forward cab, right front door step. Exact mounting configuration to be determined at the preconstruction meeting. 2.1.35 Provide four (4) 12 -volt outlets in the rear cab. All outlets shall be wired directly to the batteries. Exact location shall be determined at the preconstruction meeting. 2.1.36 Provide and install one (1) Nederman Transmitter, #995330003 and one (1) magnet. Magnet type shall be determined by location. Magnet location will be determined at the pre - construction conference. 2.1.37 Provide and install one (1) Key Secure lock box model #2610 to be mounted in cab. Exact location shall be determined by the City of San Jose and the successful bidder. 24 2.1.38 The cab dash area shall have a highly visible plaque noting overall height of vehicle (feet and inches), overall length (feet and inches), and GVWR (tons). This plaque shall be mounted in direct view of the driver. 2.1.39 Provide and install in cab area One (1) Bullard T320 (no colorization) w/ Truck mount charging System and "Gear Keeper". Exact location shall be determined by the City of San Jose and the successful bidder. 2.1.40 Install one (1) City supplied complete Motorola 2 -way radio. The cab radio shall be mounted on a bidder supplied fish finder swivel type base, (Johnny Ray), located in the middle of the electrical panel forward of the engine cover. The mount may need to be recessed in the dash area. Exact location will be discussed at the pre -construction conference. (See Communication Equipment) 2.1.41 Provide and install remote controlled LED spotlight, Golight Radio Ray LED, white, model #20204. The light shall be mounted on the roof of the chassis cab, centered behind the lightbar. A pedestal shall be provided to raise the light just high enough to allow adequate clearance for the light to operate without interference from the lightbar. There shall be two remote controls one for the driver and officer. Exact locations of remote controls and light heads shall be determined at the preconstruction conference. 2.1.42 The cab and chassis shall include Occupant Protection Systems, RollTek rollover protection and APS advance protection system or equal. Protection shall include frontal impact, side impact and side roll over events, the systems shall secure occupants, increase survivable space, and protect head, neck and knees. 2.1.43 Provide and install a permanent label on the driver's door that specifies the quantity and type of the following fluids used in the vehicle and tire information per NFPA: 2.1.43.1 Engine oil 2.1.43.2 Engine Coolant 2.1.43.3 Chassis transmission fluid 2.1.43.4 Drive axle lubrication fluid 2.1.43.5 Air conditioning refrigerant 2.1.43.6 Air conditioning lubrication oil 2.1.43.7 Power steering fluid 2.1.43.8 Cab tilt mechanism fluid 2.1.43.9 Transfer case fluid 2.1.43.10 Front tire cold pressure 2.1.43.11 Rear tire cold pressure 2.1.43.12 Maximum tire speed rating 2.1.44 Provide and install two (2) 7.0 inches x 18.0 inches wide, impact resistant, transparent acrylic polycarbonate sun visors with a smoke gray tint. Visors shall provide maximum flexibility for positioning, utilizing an arm with adjustability, with 13.5 inch long lateral travel of the visor at the end of the arm, which can be locked in place by a thumbscrew. Visors will protect occupants from solar glare without obscuring their vision. P17 2.1.45 Provide a NFPA compliant Vehicle Data Recorder (VDR). The vehicle shall be capable of recording the following data, in this order, at least once per second: 2.1.45.1 Vehicle speed — mph 2.1.45.2 Acceleration (from speedometer) — mph/sec 2.1.45.3 Deceleration (from speedometer) — mph/sec 2.1.45.4 Engine speed — rpm 2.1.45.5 Engine throttle position - % of full throttle 2.1.45.6 Anti-lock braking system event — On/Off 2.1.45.7 Seat occupied status — yes/no by position 2.1.45.8 Seatbelt status — buckled — yes/no by position 2.1.45.9 Master optical warning device switch — on/off 2.1.45.10 Time — 24 hr clock 2.1.45.11 Date — year/month/day 2.1.45.12 Memory shall be sufficient to record 100 engine hours worth of minute -by -minute summaries. When the memory capacity is reached, the system shall erase the oldest data first. All data stored in the VDR shall be uploadable by the user to a computer and importable into a data management software package. Data shall be password protected and access controlled by the purchaser. Software shall be delivered with the apparatus that will run on both Windows and Apple operating systems and produce the following formatted reports from the upload data: • Raw second -by -second data over a specified date/time range. • Daily log for the time the engine is running for a given date (minute -by -minute output of all values). • Weekly summary (maximum values each hour for each day of the week). • Monthly summary (maximum values each day for each day of the month). 2.1.46 Provide and install clean battery power for communication equipment. Install three (3) antennas and LMR 200 cables. Provide and install one(1) radome antenna Pro Route wiring and antennas cables to protected area determined by SJFD. All remote communications equipment shall be mounted on slide out shelf in cabinet between rear facing seats. 2.1.47 Provide and mount the following in cab: 2.1.47.1 Two pick head axe mounts (mount to be diamond plate per San Jose specification. 2.1.47.2 Provide and install TIC charger with gear keeper. 2.1.47.3 Exact locations and mounting hardware to be determined at preconstruction conference. 2.1.48 Provide and install two (2) 12 volt circulation fans in cab. Exact size, type and location will be determined at preconstruction conference. 2.1.49 Option 1: Provide air operated fold down steps at each cab entry door. `zy 2.1.50 Option 2: Provide exterior access compartments directly behind driver and caption position seats. These compartments will be in place of rear facing jump seats. Three rear seats will be all forward facing, two outside positions shall be SCBA seats. Compartments shall have lighting and painted to match cab interior. 2.1.51 Option 3: Provide Quantum cab or equal. 2.2 DRIVER AND OFFICER SEAT 2.2.1 Pierce PSV seats or equal will be provided in the cab for the driver and officer. The seat will be a cam action type, with air suspension. For increased convenience, the seat will include manual controls to adjust the height (1.12" travel) and horizontal (6.00" travel) position. The manual horizontal control will be a towel -bar style located below the forward part of the seat cushion. To provide flexibility for multiple driver and officer configurations, the seat will have a reclining back adjustable from 20 degrees back to 45 degrees forward. The seat back will be a high back style, and will include minimum 7.50" deep side bolster pads for maximum support. For optimal comfort, the seat will be provided with 17.00" deep foam cushions. 2.2.2 The seat will include the following features incorporated into the side roll protection system: • Side air curtain will be mounted integral to the outboard bolster of the seat back. The air curtain will be covered by a decorative panel when in the stowed position. A suspension seat safety system will be included. When activated in the event of a side roll, this system will pretension the seat belt, then retract the seat to its lowest travel position. The seat will be furnished with a three-point, shoulder type seat belt. To provide quick, easy use for occupants wearing bunker gear, the seat belt will have a minimum 120.00" shoulder length and 55.00" lap length. The seat belt tongue will be stored at waist position for quick application by the seat occupant. The seat belt receptacle will be provided on a cable conveniently nested next to the seat cushion, providing easy accessibility. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. • Located beneath the driver and officer seat shall be a storage compartment as large as possible with drop down door and turn latch and painted to match interior. 3 CHASSIS 3.1 The chassis frame shall be designed and constructed to allow the completed apparatus to operate in a manner that will not adversely affect the safe operation or service life of the vehicle. The frame shall carry a lifetime warranty to the original purchaser. 3.2 The chassis shall have a minimum 44,000 pounds G.V.W. rating. 3.3 The frame side rails shall be channel type 10-1/4" x 3-1/2" x.38" with an inner "C" channel 9.44" x 3.13" x .38" of 110,000 psi high strength steel, an rbm of 3,315,214 in. lbs. and a section modulus of 30.14 cu. in. Crossmembers shall be fully gusseted bolted assemblies installed using grade "8" flanged head bolts and flanged lock nuts. `IZA 3.4 The area between the axle suspension hangers shall be free of any holes or fasteners in the flanges. No welding shall be incorporated in attachment of components. All frame dimensional cutting shall be by a plasma cutter. 3.5 The area between the axle suspension hangers shall be free of any holes or fasteners in the flanges. No welding shall be incorporated in attachment of components. All frame dimensional cutting shall be by a plasma cutter. 3.6 The front axle shall be Spartan IFS or equal, independent front suspension to provide superior ride and handling. The suspension shall use optimized air springs. Dual air height control valves shall be installed to ensure equal frame height on both sides of the vehicle regardless of load. 3.7 Front axle shall have a capacity of 24,000 pounds GAWR. IFS model front axle cramp angle shall be 53 degrees to the left and right. 3.8 Bilstein (or equal) shock absorbers shall be furnished on the front axle. 3.9 Front axle wheel bearings shall be oil lubricated with an oil level visual inspection window. Stemco #343-4009 covers shall be provided. 3.10 Front wheels shall be two (2) Accuride, forged, polished aluminum 10 -stud disc. Front wheels to include chrome hubcaps with chrome nut covers. Front wheels to be 22.5" x 12.25". 3.11 Front tires shall be Goodyear G296 MSA 385/65R 22.5" tubeless, 20PR, XZU-S highway tread, rated at 20,000 lbs. 3.12 The rear axle shall be an Arvin Meritor RS -23-185 single reduction axle assembly with a capacity of 24,000 pounds. 3.13 The rear axle housing vent/breather shall be located up and away from the water tank overflow piping. The location of this vent/breather shall prevent water from entering the axle housing. 3.14 Rear suspension shall be Reyco Aero -Glide or equal, single drive axle air ride suspension and shall have a minimum rated capacity at ground level equal to that of the rear axle. Dual air height control valves shall be installed to insure equal frame height on both sides of the vehicle regardless of the load. NOTE: If an alternate is bid, consideration will be given to ground and brake component clearance. 3.15 Provisions must be provided at front and rear for easy lubrication and removal of spring pins, shackles, and assemblies. 3.16 Rear axle shall be equipped with ABS/ATC rear differential traction control system. 3.17 Provide Spicer, 1810 heavy-duty series with "glide coat" splines on all slip shafts. Provide two (2) driveline guards. 3.18 Alemite fittings shall be supplied at necessary lubrication points throughout the chassis for lubrication. 28 3.19 At 65-68 MPH, the engine RPM shall not exceed the peak RPM of the certified BHP curve of the engine. 3.20 Rear wheels shall be four (4) Accuride, forged, polished aluminum 10 -stud disc. Rear wheels to include chrome hubcaps with chrome nut covers. Rear wheels shall be 22.5" x 8.25". 3.21 Rear wheels shall have valve stem extension stabilizers. 3.22 Rear tires shall be Goodyear G287 MSA 11 R 22.5" tubeless, 16 PR, "H" XZE highway tread rated at 24,000 lbs. 3.23 Front and rear mud flaps shall be provided. 3.24 The dual hydraulic power assist steering gears shall be TRW TAS -85 and RCS -85. The steering ratio shall be 23.3:1 and have 6.2 turns stop to stop. The power steering pump shall be gear driven from the engine. 3.25 Turning radius shall be no greater than 28' curb to curb in both directions. 3.26 Steering column/wheel shall be tilt/telescoping type. Steering wheel shall be 18". 3.27 Each tire shall be equipped with a monitoring system and visual indicator that indicates tire pressure. Exact design to be determined at the preconstruction meeting. 3.28 Additional handling capabilities shall include roll stability control which shall monitor the vehicles rollover threshold based on lateral acceleration. The system shall activate a computerized device which shall slow the vehicle when the threshold is exceeded in either direction. Normal vehicle operation shall resume once the problematic conditions cease. Roll stability control shall be integral with the ABS and ATC systems. An electronic stability control unit (ESC) is a function al extension of the electronic braking system. It is able to detect any skidding of the vehicle about its vertical axis as well as any rollover tendency. The control unit comprises an angular -speed sensor that measures the vehicles motion about the vertical axis, caused, for instance, by cornering or by skidding on a slippery road surface. An acceleration sensor measures the vehicles lateral acceleration. The CAN bus provides information on the steering angle. On the basis of lateral acceleration and steering angle, an integrated microcontroller calculates a theoretical angular speed for the stable vehicle condition. 4 BRAKES 4.1 The air brake system shall comply with NFPA standards and FMVSS-121 requirements and be approved by component/axle suppliers. The selection of components and brake balance front to rear shall assure optimum performance reliability, and maximum life expectancy. 4.2 The system shall utilize D.O.T. approved air lines. Air lines to be in frame stainless steel wire braided hoses with steel reusable fittings. 4.3 A Rockwell "WABCO" 4 -wheel anti-lock braking system with ATC shall be installed for safer vehicle control during braking and reduced stopping distance in all skid applications. 29 4.4 Arvin Meritor 17" disc, Model #EX 225, shall be supplied on the front axle and S -Cam design drum brakes on the rear axle. Brakes shall be equipped with Meritor automatic slack adjusters. 4.5 Front rotors shall be Arvin -Meritor, gray iron steel type specified for fire service by Rockwell. 4.6 Rear drums shall be heavy duty outboard type made of D4 material as specified for fire service by Meritor. 4.7 The air brake system will be full air, rapid pressure build-up dual system. 4.8 The air compressor on the engine shall be a Bendix BA -921 or equal capable of producing a minimum of 15.8 cfm at 1250 engine rpm. It shall be gear driven, engine oil pressure lubricated and cooled by the engine cooling system. The air compressor shall have a 5 -year warranty. 4.9 A Meritor Wabco system saver 1200 spin -on desiccant air drier or equal, with manual drains on all tanks centrally plumbed below pump panel with permanent labeling shall be provided. The mounting location shall provide ease of service outside the frame rails. 4.10 Parking brake — in addition to the mechanical rear brake engagement, the front service brakes will also engage via air pressure, providing additional braking capability. 5 12 -VOLT ELECTRICAL SYSTEM 5.1 Chassis instrumentation and controls shall be Weldon V -Mux multiplex electrical system or equal and interface with pumper body. The system shall be a single starting type, installed per NFPA 1901. The electrical system shall be 12 volt suppressed per SAE J551 with six (6) Delco 950 CCA group sealed maintenance free batteries. 3/0 welding type dual path starter cables per SAE J541 shall be used. Note: The battery tray shall be enclosed in plastic boxes and have dry deck material installed in the bottom of the boxes. Chassis shall have Spartan clean battery package. 5.2 All wiring to be appropriate gauge cross-link with 311 degree F. insulation. All wires in the chassis shall be circuit numbered and function coded, in addition the SAE wiring will be color - coded. The wiring shall be protected by 275 degree F. minimum high temperature flame retardant loom as required. All nodes and sealed Deutsch connectors shall be waterproof. 5.3 A detailed wiring diagram shall be provided for the entire apparatus. Information shall be provided by the final stage manufacturer at the time of delivery. Provide three (3) sets of colored diagrams with CD backups. All multiplexed modules shall be grouped in no more three different locations. Each location shall be easily accessible, serviceable, protected and clearly marked with permanent labeling. 5.4 All wires, circuit breakers or fuses that terminate at the battery location will be labeled as to their function and will be enclosed in a box. 5.5 A minimum 270 amp. 12 -volt Leece Neville alternator or equal shall be provided. If it is determined that a larger unit is required to withstand the load drawn such an alternator shall be provided. The alternator shall have a built-in integral regulator and voltage spike protector. It is the bidder's responsibility to provide documentation that the alternator specified meets or exceeds NFPA requirements. It shall be the bidder's responsibility to provide a unit that meets the electrical load requirements of the apparatus. 30 A Kussmaul 1200 battery conditioner shall be supplied. 5.6 The battery conditioner shall be mounted in the cab behind the driver's seat. The remote charge indicator will be located near the auto -eject electrical receptacle. Charger shall be circuit protection at the charger. Charger shall also have protection from falling objects or liquids from damaging charger. Load manager system shall included in Weldon V -Mux system. 5.7 A Kussmaul 35/10 amp Super auto -eject electrical receptacle with a red weatherproof cover and box shall be installed on the left side of cab, forward of the front door. It shall automatically eject the plug when the starter button is depressed. The receptacle will be mounted as low as possible on body. Exact mounting location to be determined at the preconstruction meeting. 5.8 In cab gauges shall be a tachometer, speedometer, dual air pressure gauges, engine oil pressure, voltmeter, fuel level, exhaust fluid level, engine coolant temperature, hour meter, transmission oil temperature and low voltage alarm. 5.9 A warning light and alarm system shall be included for low engine oil pressure, high coolant temperature, high transmission oil temperature, low air pressure, low fuel level, low exhaust fluid level and low voltage. The audible alarm shall be distinct and different from the audible seatbelt and open compartment alarms. 5.10 The multiplex electrical system shall include a Weldon Vista IV display which shall be located on the left side of the dash in the switch panel. The Vista IV shall feature a full color LCD display screen which includes a message bar displaying the time of day and important messages requiring acknowledgement by the user which shall all be displayed on the top of the screen in the order they are received. There shall be virtual controls for the on board diagnostics. The display screen shall be video ready for backup cameras, thermal cameras and DVD. The display shall measure approximately 10.38 inches wide by 7.50 inches overall. The display shall offer varying fonts and background colors. The display shall be fully programmable to the needs of the customer and shall offer virtually infinite flexibility for screen configuration options. Vehicle systems to be displayed and or controlled at display shall be determined at preconstruction meeting as well as exact location of V -mux display screen. 6 BODY AND COMPARTMENT ELECTRICAL SYSTEM The following specifications are intended to provide minimum guidelines for the apparatus 12VDC electrical power system. The apparatus shall be equipped with heavy-duty 12 -volt negative ground system using the most current material and techniques available to the industry. 6.1 All lighting and monitoring functions within the apparatus body shall be multiplexed and intergraded with chassis electrical system. 6.2 All lights required shall meet Government Code for vehicles of this size and design shall be provided and installed. These lights shall include the headlamps and front turn signals with hazard switch, cab marker and clearance lights, backup lights, stop -turn -tail and license plate lights. 195 6.3 All wiring shall be SXL or GXL rated stranded copper alloy conductors of a gauge rated to carry a minimum of 125% of the maximum current for which the circuit is protected. The apparatus shall be wired to meet or exceed SAE J1292, Automobile, Truck, Truck Tractor, Trailer, and Motor Coach Wiring, for such loading at the potential employed. Voltage drops in all wiring from the power source conductors shall not be used in the cab or chassis. Ground wires for ABS, ECU, engine, and transmission ECM shall run directly to a ground connection at the frame rails. NO EXCEPTIONS. 6.4 Wiring shall be clearly labeled by circuit function code every three inches over each conductor's entire length. All multiplexed instrumentation wiring looms shall be independently routed and clearly identifiable as such. The entire labeling system shall correspond with the electrical wiring schematics furnished with the apparatus. Wiring shall be thoroughly mechanically secured in place. Where wire passes through sheet metal, rubber grommets shall be used to protect both wiring and wire looms. Adhesive loom clips or double sided tape will not be acceptable. 6.5 All circuits shall be protected by means of automatic reset breakers clearly marked and located within chassis electrical panel. Fuses shall not be used for any emergency lighting circuits and should only be used for those add on features that come equipped with a fuse holder from the manufacturer such as the electronic siren, radios, intercom, etc. Where fuses are used, they shall be readily accessible either at the device or in the chassis electrical panel and shall be clearly and permanently labeled. No in line fuse shall be located or hidden inside a loom. 7 ENGINE AND TRANSMISSION 7.1 ENGINE 7.1.1 T The engine shall be a Cummins ISX 15 or Detroit Diesel DD13 or equal, 500 horsepower, turbocharged and intercooled. Engine must be biodiesel B20 blend compatible Power: 500 hp at 1800 rpm. 7.1.2 Minimum 912 cubic inches. Minimum torque 1650/foot pounds at 1200 RPM. 7.1.3 Engine starter shall be a Delco #19011531. 7.1.4 An EPQ certification of the engine shall be provided to the City of San Jose by the engine manufacturer documenting that the engine furnished is compatible with the apparatus chassis bid and meets all current California and Federal emissions requirements. 7.1.5 Engine shall carry a five (5) year warranty or 100,000 miles, whichever occurs first. 7.1.6 Engine shall be equipped with a Jacobs Engine Brake or equal with brake light actuation and three -position setting. Control unit shall be located on the dash with an on-off switch. 7.1.7 The vehicle's cooling system shall be specifically designed for the fire service and shall allow for stationary pumping capability in 120 degrees Fahrenheit ambient temperatures. The fan shall be a direct drive type. 7.1.8 Certification of the cooling system and installation must be provided with bid. Kia 7.1.9 The radiator shall be bolted tank construction or equal, properly cushioned and mounted. Radiator and tanks, when installed, shall not protrude into the angle of approach or extend downward through the frame rails beyond the horizontal plane of the bottom of the front axle. (Plastic Radiator will not be accepted). 7.1.10 The radiator shall be side mounted. Bolts or mounting brackets protruding downward from radiator tanks will not be acceptable. 7.1.11 Drain cocks shall be provided in lowest point of cooling system and at such other points as needed to ensure complete drainage. 7.1.12 Silicone hose will be used in all applications of cooling, from the radiator to the engine heater, bypass etc. 7.1.13 A coolant filter with inlet and outlet shut-off valve will also be installed in the engine compartment. Nalcool additive, a corrosion inhibitor and a 50/50 mixture of anti -freeze and water shall be provided. 7.1.14 An auxiliary cooler made of brass and/or copper shall be provided for use while pumping. It shall be constructed so that the water from the fire pump does not mix with water from the radiator or any part of the engines cooling system. 7.1.15 The auxiliary cooler shall be conveniently controlled from the pump operator's panel. 7.1.16 The engine shall be provided with spin -on oil filters, meeting as a minimum, the engine manufacturer's specifications. 7.1.17 The engine shall be provided with a heavy-duty dry type air cleaner and associated piping of type and size approved by engine manufacturer. A moisture ember separator shall be provided. 7.1.18 An air cleaner restriction gauge shall be provided on the dashboard. 7.2 FUEL TANK 7.2.1 The fuel tank shall be of not less than 50 -gallon capacity and must conform to NFPA requirement to a minimum operating time of two hours. Removable panels shall be provided to access fuel inlet connection to tank and sending unit. 7.2.2 The fuel tank fill piping shall be placed so it is protected from mechanical damage during the normal use of the fire apparatus, and both the tank and the fill piping shall be placed so they are not exposed to heat from the exhaust system or other source of ignition. 7.2.3 Fuel tank fill shall have a minimum 1/2" vent tube that returns to the fill neck. 7.2.4 The tank shall be placed so it is removable for repairs without disturbing any body components. Tank shall be mounted with straps or hangers that embrace tank down sides and across the bottom. A means for draining the tank without removing the tank shall be supplied. Shall be service loop in fuel line shall be included to assist in removing tank. 7.2.5 The vehicle shall have provisions to fuel from both sides of the apparatus 7.2.6 Fuel tank must be I.C.C. approved with certification plate attached. 33 7.2.7 Two fuel tank level gauges shall be provided, one on the dash and one on pump panel. Two exhaust fluid tank level gauges shall be provided, one on the dash and one on pump panel. 7.3 TRANSMISSION 7.3.1 The transmission shall be an Allison 4000 EVS automatic with electronic controls. The transmission will have two (2) 10 -bolt PTO. 7.3.2 A lock-up feature will be provided for pumping operation. 7.3.3 A transmission temperature gauge with red light and buzzer to be installed on cab dash. 7.3.4 Transmission shall be plumbed to the cooling system to insure adequate cooling. The transmission shall have two (2) internal filters. 7.3.5 Cooler shall meet Manufacturer's minimum requirements for application specified. 7.3.6 Muffler shall be heavy-duty type, Donaldson or equal. Exhaust piping from the turbo to the oxidation catalyst shall be wrapped with heat resistant material. 7.3.7 Tailpipe shall be carried to a point ahead of the right rear wheels of the apparatus and shall discharge at an angle to prevent heat damage to tire, apparatus or pavement, and be capable of hooking up to a Nederman Exhaust system. 7.3.8 There shall be two (2) controls for diesel particulate filter. One (1) control shall be for regeneration and one (1) shall be for regeneration inhibit. 34 8 BODY AND COMPARTMENTS 8.1 The body shall be a "RESCUE" type design, high sides both sides, 99" in width. All compartment dimensions, with clear door openings, exact number of shelves, slide -out trays and location will be established after preliminary engineering drawings have been provided by the successful bidder. 8.2 Body and compartments shall be constructed of high grade, 12 -gauge galvanized steel, aluminum or stainless steel. All components fabricated will be pre -fit, removed and painted prior to final assembly. 8.3 All equipment compartments shall be of modular construction and shall allow replacement of individual components in the event of damage. 8.4 Rivets, sheet metal screws, or self -tapping screws shall not be used in the assembly of any body component affecting the structural integrity of the apparatus body. NOTE: All fasteners shall be stainless steel. 8.5 The rear axle wheel wells shall be an integral part of the body design and shall be flush with the exterior surface of the body sides. The wheel well openings shall be circular and shall provide ample tire clearance for road travel. 8.6 The body wheel well openings shall be equipped with a round radius, polished stainless steel or aluminum fenderette bolted in place. 8.7 Full-length drip moldings shall be installed around the complete perimeter of the body sides. 8.8 All compartments shall be provided with ventilation in the back wall of the compartments. 8.9 Polished aluminum diamond plate .125" shall be provided on the entire rear of the apparatus body except where restricted by placement of NFPA recommended chevron striping or where paint is preferred. Actual design and color scheme to be determined at preconstruction. 8.10 The left and right side compartment tops shall have 3/16" polished aluminum diamond plate. This aluminum diamond plate shall not form any portion of the compartments. 8.11 All compartments shall have stainless steel or aluminum lower edge protection. This material will protect paint and body from chips and dents while removing equipment. 8.12 Outside body sheets shall be below the height of the cab and to be the same height as hose dividers to form an even enclosure all the way around the hose bed. 8.13 Provide a left and right hand side brushed aluminum fuel door with a positive latch and a label mounted inside of door, "DIESEL FUEL ONLY". 1911 8.14 All compartments shall be of the sweep out design. The following minimum compartments shall be provided on the apparatus. All dimensions are approximate. Compartments shall use all available space and be as large as engineering allows. Engineered drawings shall be provided by all bidders identifying the size and location of all compartments. 8.15 One (1) compartment, (compartment #1) left and right side behind the cab, forward of the pump panel and below the crosslay. Compartments shall be transversed above the frame rails. Compartment shall be 99" in width. Provide one (1) slide out transversed tool tray (tray sides shall have reflective chevron striping to match rear of body). Compartment doors shall be flush type. This compartment will be designed as wide as the crosslay hose bed. 8.16 One (1) compartment, (compartment #2) on the left side, forward of the rear wheels. The compartment is to contain a CTECH or equal tool box using the full width and depth of the bottom of the compartment. Tool box shall have a minimum of three drawers. Trays shall have rubber lining. Exact size of tool box and tray configuration shall be determined at the preconstruction conference. 8.17 The trays shall be rated at 250 -pound carrying capacity. They shall be mounted on Grant #250 slide tracks (or equal). 8.18 The trays shall slide fully out of the compartment, with designed to lock the trays when in the in or out position. 8.19 The trays shall be on vertical tracks for easy adjustment or removal. Three (3) vertical bolt in aluminum dividers shall be provided within each of the lower two (2) trays. The top tray shall have bolt in vertical aluminum dividers installed for various fittings and adapters. Exact design to be determined at the preconstruction meeting. 8.20 One (1) shelf will be provided above the drawer area (24" depth) with a minimum vertical space of six (6) inches provided above the shelf. Aluminum peg -board shall be installed in the upper (12" depth) area covering the back wall of the compartment. The vendor shall mount the following tool sand equipment: 8.20.1 Three (3) 5 inch stortz 8.20.2 One (1) hydrant spanner wrench 8.20.3 Pocket spanner wrenches 8.20.4 David Clark headset 8.20.5 David Clark Wireless headset battery charger Exact design to be determined at preconstruction. 8.21 One (1) compartment, (compartment #3) on the left side over the wheel well. Two (2) adjustable shelves shall be provided. Kiy 8.22 One (1) compartment, (compartment #4) on the left side, behind the rear wheels, full height. This compartment shall have two (2) SCBA brackets, Ziamatic #SL -50 -H -6 -SF w/PHS mounted and provided by the vendor. One (1) adjustable shelf shall be provided. The compartment shall have access via one (1) removable panel as separation between the adjacent compartments, to the rear of the apparatus. 8.23 One (1) compartment, (compartment #5) at the rear of the vehicle and below the ladder compartment. This compartment shall be designed as large as possible and divided into three sections to store a 50' roll of 5" hose and a 25' roll of 5" hose with adjustable/removable dividers. Double polished aluminum diamond plate doors shall be provided, vertically hinged. Stay arms shall be Cleveland double acting style. Compartment to have one (1) slide -out tray on the left side designed to accommodate a Honda portable pump. The tray shall be rated at 250 -pound carrying capacity. Tray shall be mounted on Grant #250 slide tracks or equal. Exact design and dimensions to be determined at the preconstruction meeting. 8.24 One (1) compartment, (compartment #6) on the right side, forward of the rear wheels. This compartment shall have one (1) adjustable shelf. Above the shelf, shall be one SCBA bracket, Ziamatic #SL -50 -H -6 -SF w/PHS mounted and provided by the vendor. In addition, provide and install four (4) universal type fire extinguisher brackets. Brackets shall be made of stainless steel with Velcro straps of adequate length to secure specified extinguishers. Size and type of fire extinguisher brackets shall be determined at preconstruction conference. 8.25 One (1) compartment, (compartment #7) on the right side over the wheel well. Compartment shall feature aluminum pegboard on the back wall for tool mounting. Tool mounting and location will be discussed at the pre -construction conference. One (1)110 GFCI duplex outlet shall be installed to charge battery packs. The following tools are to be mounted: 8.25.1 One (1) D -handle pike pole 8.25.2 One (1) Crow bar 8.25.3 One (1) Heavy Duty 3 bolt cutter 8.25.4 One (1) Sledge Hammer 8.25.5 One (1) Irons Kit 8.25.6 One (1) K -Tool 8.25.7 One (1) Sawzall and battery holder Exact tool locations and mounting hardware to be determined at preconstruction conference. 8.26 One (1) compartment, (compartment #8) on the right side, behind the rear wheels, full height. This compartment shall contain two (2) adjustable shelves and two (2) 12 -volt outlets that will provide power for medical equipment. Provide two (2) Ferno universal cylinder mounting brackets part # AA5210. Exact location to be determined at the preconstruction meeting. KFA 8.27 One (1) Compartment, mounted on top of the tailboard, free standing. This compartment is to be designed as a MEDICAL WASTE DISPOSAL container. The bottom and walls shall be constructed of aluminum. The lid shall be constructed of 12 -gauge aluminum diamond plate with a stainless steel hinge. Drain holes shall be provided. Top of container parameter shall step in to allow installing and removing waste bags. Exact dimensions and features shall be discussed at the preconstruction meeting. 8.28 All compartment doors unless otherwise specified, shall be Amdor Roll -up. Doors and shall be painted to match cab and feature Amdor LED Track Lighting on both sides of opening to provide safe and uniform lighting of compartment space. Aluminum roll -up door guards shall be installed to protect paint on doors when they are in their up or retracted position. 8.29 Doors shall be double-faced, aluminum construction with locks. Lath sections shall be driven ball-and-socket design and must be individually replaceable without complete disassembly of the door. 8.30 Between each lath at the pivoting joint shall be a fitted flexible seal for weather resistance. Seals must allow door to operate in extreme temperature ranging from plus 212 degrees F to -40 degrees F. 8.31 An aluminum lift bar shall be provided for opening doors. It shall be located at the bottom of door and have latches on the outer extrusions of the doorframe. A ledge shall be supplied over the lift bar for additional area to aid in closing the door. 8.32 A heavy-duty magnetic switch shall be used for control of "open compartment door" or "latch bar not secure" warning lights. This same mechanism shall control interior lights for each compartment. 8.33 All compartment doors shall feature a lock and key system utilizing a #1250 key on all doors with the exception of the right rear ALS compartment and the rear cab EMS compartment. These compartments shall use key # CH 545. 8.34 Compartment A/B (rear cab tunnel) shall have Whelen Flourent Plus LED white lights near door openings, and (2) Whelen #Flourent Plus; LED strip lights located towards to the center area. 8.35 Compartment #5 to have a minimum of (3) Whelen #Flourent plus; LED strip lights. 8.36 Compartment #9 to have a minimum of (3) Whelen # Flourent plus strip lights. 8.37 Doors located in the extended portion of the cab, compartments A/B shall be provided with extruded automotive type rubber moldings. This molding shall protect the compartment door framing, yet provided a weather resistant seal around the door. 8.38 Doors located in the extended portion of the cab, compartments A/B shall have locking mechanisms fully enclosed within the door panels to prevent fouling of the lock in the event equipment inside shifts into the lock area. Doors are to be latched with recessed, polished stainless steel "D" ring handles and Eberhard 106 locks. A rubber gasket shall be provided between the "D" ring handle and the door. Doors to incorporate a lock and key system. 38 8.39 The compartmentalization shall include shelves, minimum of one shelf per compartment unless otherwise specified. Shelf construction shall be rigid with 2" retainers on all four sides and fabricated of .188" aluminum. The shelving shall adjust by means of a threaded tightener sliding in a track to allow precise adjusting height. The shelving location shall be as specified at a pre - construction conference. 8.40 All cab and body compartment floors, shelves and drawers shall be covered with black Turtle Tile type removable matting. Tile to have yellow beveled edges. 8.41 Provide extra air bottle storage, two (2) on each side, located fore and aft of the rear fender wells. Each compartment shall include a polished brushed aluminum hinged door with latch and rubber bump stop. The circular interior surface shall be lined with Teflon and designed to hold a Scott 45 minute SCBA bottle. 8.42 One (1) horizontal full length handrail shall be provided on the rear of the apparatus under the hose bed. The handrails shall be constructed of extruded aluminum with groves for maximum gripping ability with chrome plated zinc die cast center and end stanchions. They shall run the entire width of the hose bed. 8.43 Provide one (1) rear tow eye with a minimum 2" I.D. hole, constructed with 3/4" steel plate. Tow eye shall be located at the rear of the apparatus body and fastened to the rear chassis frame rails. Inside of the eye shall be smooth and rounded. 8.44 All running boards and tailboard shall be a minimum of 3/16" polished aluminum diamond plate with all edges turned down not less than 2". 8.45 Running boards and tailboard shall be bolted on and be spaced at least .5" from the body. Rear tailboard step to be 18" deep. Tailboard shall have cone holder mounted on right side. 8.46 Provide an intermediate step between the hose bed and the tailboard that runs the entire width of the tailboard area. Drainage holes should be provided. 8.47 At the rear of the apparatus, provide a minimum of four (4) Cast Product steps or equal. These steps shall be placed in a location that will allow personnel easy access to the hose bed cover area. Exact location shall be determined at the preconstruction meeting or at the appropriate time of construction. 8.48 Tailboard and step below hose bed shall have Bustin Inserts. 8.49 On the right and left side running boards, at the pump panels, hose wells shall be designed to store 25' of 5" supply hose. Provide two (2) Velcro straps with seatbelt type buckles to secure hose at each well. Approximate size is 10.5" deep by 30" long by 8.75"wide. Exact dimensions/design to be determined at the preconstruction meeting. 8.50 There shall be a heavy-duty chrome plated or stainless steel, wrap-around bumper at the front of the cab. Bumper shall be bolted directly to the frame. Front bumper to be extended 16" with 3/16" form fitting aluminum diamond plate between bumper and front cab sheet. 8.51 Two (2) front chrome tow eyes shall be provided, attached directly to the frame, located in the CENTER of the bumper, minimum of 2" ID opening. Inside edges shall be rounded and smoothed out. 39 8.52 Provide two (2), removable, aluminum, L-shaped, I -zone Wildland interface hose brackets designed to accommodate 100' of partially charged 1 '/2" Forestry hose with nozzle. Exact mounting and storage location to be determined at the preconstruction meeting. Fire Department to provide sample at preconstruction meeting. 8.53 Provide a polished stainless steel exhaust fluid door with a positive latch and a label. Exact design and labeling to be determined at preconstruction meeting. 9 HOSE BEDS 9.1 Hose bed to be fabricated of 12 -gauge galvanized steel or equal. Sides are not to form any portion of the fender compartments. Sides shall not extend upward any higher than the height of the cab. Hose bed height shall not exceed 80" from the ground to the bottom of the hose bed. 9.2 Hose dividers must be adjustable to accommodate different hose loads and strong enough to resist side forces while vehicle is in motion. Dividers shall be constructed of 1/4" aluminum. 9.3 Uni-Strut type channel tracks shall be provided for the mounting of hose bed partitions. There shall be two (2) located at the front and one (1) at the rear of the hose bed. 9.4 The hose bed shall be designed to have a capacity for the following fire department supplied hose: 9.4.1 700 feet of 5" LDH fire hose in 100' lengths. 9.4.2 1200 feet of 3" double jacket fire hose in 50' lengths. Split into two (2) equal widths. 9.5 Hose bed decking shall be constructed with aluminum extrusions. 9.6 A cover will be provided of 3/16" polished aluminum diamond plate. These covers shall be hinged along outer edges with 1/4" stainless steel piano type hinges. 9.7 The covers must be reinforced and supported to allow a suitable walking surface. 9.8 A hinged panel must be installed in the cover to provide access to the water and foam tank fill towers. Lids must be of adequate size to facilitate ease of filling. Exact dimensions to be determined at the preconstruction meeting. No spring securing latches shall be used. Latches must be flush mounted. 9.9 The back shall be equipped with removable black vinyl flaps extending down to the bottom of the hose bed. These flaps shall be anchored using seatbelt type straps. Exact dimensions/design to be provided at the preconstruction meeting. 9.10 Provide two (2) handrails that run entire width of the top of each hose bed covers for easy opening. The handrails shall be constructed of extruded aluminum with groves for maximum gripping ability with chrome plated zinc die cast end stanchions. (No rubber inserts). Hose bed shall also have two grab handles at front of covers towards cab. «o] 9.11 Provide two (2) vertical handrails that run from mid step to top of apparatus top of the apparatus. The handrails shall be constructed of extruded aluminum with groves for maximum gripping ability with chrome plated zinc die cast end stanchions. Exact dimensions to be provided at the preconstruction meeting. 9.12 Each half of each cover to have gas chamber openers to assist the opening and hold open the hose bed cover at 90 degrees with a positive safety latch. Safety cables shall be provided for each cover. 9.13 Provide three (3) transverse hose beds located behind the cab in the forward section of the body. The two forward hose beds shall be designed to carry 200' of 1 3/4" double jacket fire hose. The rear hose bed shall be designed to carry 200' of 2 1/2" hose. The entire width of the hose bed shall be the same width as the transverse compartment #1. The plumbing shall allow for the hose to lay flat and not kink when charged. The depth and width of the transverse beds shall be adequate to accommodate the described hose complements with nozzles in a manner that the hose can be smoothly deployed. 9.14 Vertical and horizontal hose rollers shall be provided on the left and right sides of the transverse hose bed. 9.15 The transverse hose bed height shall not exceed 67" from the ground to the bottom of the hose bed. 9.16 The transverse hose bed decking shall be constructed with aluminum extrusions. 9.17 Provide and install a polished aluminum diamond plate hose bed cover for the three (3) transverse hose lines. Provide black vinyl flaps on ends of covers. Flaps shall include a positive locking (seatbelt style) system. The hose bed cover shall be equipped with a safety latch (RV style) to secure when the hose bed cover is opened. Provide paint protection at the rear of the cab where the cover will rest in the open position. The lid shall include three auto -style handles to assist with opening the lid. Exact location of handles to be determined at the preconstruction meeting. 10 EMERGENCY AND UTILITY LIGHTING All emergency and utility lighting shall be wired to the Information Center located on the dash. If lighting components specified do not meet NFPA 1901, 2009 or latest edition, it shall be the bidder's responsibility to identify and provide the necessary changes in writing. The general requirements for the NFPA Standard pertaining to this vehicle shall be as follows: 10.1 Apparatus shall meet standards for vehicle over twenty two (22') feet. 10.2 Apparatus shall have side lower level warning lights no more than fifteen (15) feet apart. 10.3 Provide Whelen lighting package, San Jose Fire Department specification, # WHLN NFPA SJFD-PUMPER Zone A: Front - Upper and Lower Whelen # FN72QLED; 72" Freedom LED Light bar with options; (2) FLDRR, (1) FX795H, (1) MKEZ7, and 795H Opticom. Cf The second red Super LED light inboard from the Opticom emitter on the driver's side shall be steady burning. Outer lens shall be clear. Lower Zone A: Whelen # M6R; M6 series LED warning light, red lens Whelen # M6T; M6 series Amber LED Turn, Arrow Populated Each lighthead requires M6HDLMTK (headlight mounting kit for ATI & KD housings, includes hardware). Upper Zone B & D: Covered by Light bar end LED module Lower Zone B & D: Whelen # M6R; M6 series LED warning light, red IensM6FC; Flange, chromed Upper Zone C: Whelen # L31 HRFN; LED Beacon, (both red) Lower Zone C: Whelen # M6FCV4; ABS chromed housing, vertical, for use with Whelen M6 series light, holds 4 lights Whelen # M6R; M6 series LED warning light, red lens Whelen # M6BTT; M6 series LED Brake/Tail/Turn Whelen # M6BUW; M6 series LED backup light Whelen # M6T'; M6 series LED, amber turn, arrow populated 10.4 There shall be a Whelen Traffic Advisor model #TANF95BTT & (1) STAPVC65, eight (8) lamp Super LED warning light with (1) 500 series Brake/Tail/Turn installed in center of light array w/ 65 ft. exit cable on TA and 20 ft. B/T/T exit cable, provided at the rear of the body above the ladder storage compartment. The Traffic Advisor control head shall be mounted in the forward cab overhead console within reach of the driver. Exact location shall be determined by the City of San Jose and the successful bidder. 10.5 The warning light system shall have two (2) modes of operation: 10.5.1 "Call for Right Of Way" (Response) 10.5.2 " Blocking The Right Of Way" (Stationary) 10.6 The lower level lights shall be mounted between 18" to 62" above the ground. 10.7 All warning lights shall be mounted as close as practical to the corners of the vehicle. 11 VA 10.8 The minimum optical warning system shall require no more than an average of 40 amps for vehicles requiring three (3) side mounted lights or 45 amps for vehicles requiring four (4) side mounted lights or 50 amps for vehicles requiring five (5) side mounted lights. 10.9 The clear warning lights shall be automatically shed when the vehicle is placed in a parked mode. 10.10 CERTIFICATION OF COMPLIANCE: Certification shall be provided in delivery manuals that the system has been installed within geometric parameters specified by the manufacturer of the warning light system. 10.11 Provide seven (7) Whelen model 60CREGCS 6" Round Low Profile Surface mount interior white/red combination lights. Lights shall be individually switched at the light. Four (4) Lights to be located at each door opening. The white light shall separately activate when the door is opened. One (1) light shall be centered in overhead console between driver and captain, and two (2) lights shall be located in rear seating area located in overhead. Exact location of lights shall be determined at preconstruction meeting. 10.12 Provide one (1) gooseneck style map light, Sunnex Model LS SERIES FLEXIBLE GOOSENECK LED LIGHT LS751-27, installed on the right hand side of the forward dash panel. Additional bracing shall be added to light base. Exact locations shall be determined at the preconstruction conference. 10.130ne (1) Whelen Model#VTX609R red indicator light, with Chrome bezel Model # VTXFC with audible alarm shall be provided in the cab to indicate when a cab door or compartment door is open. This light shall be wired through the parking brake system. This warning system is inclusive of all compartment doors, hose bed covers, pole lights, and master stream. This audible alarm shall be distinct from the seatbelt and engine alarms. 10.14 Located on the lower half of each interior door panel shall be a 4" red flashing LED light, Whelen #2FROOZRR with Whelen Model# 2GROMMET rubber grommets. These lights shall flash when the door is in the open position to warn oncoming traffic. 10.15 Four (4) SL 20X (metal) Stream light chargers shall be provided and mounted in the cab. Chargers to be wired directly to the batteries. Four (4) Vulcan lights and chargers to be provided and mounted. Exact locations of lights will be determined at the pre -construction conference. 10.16 Four (4) Havis Light & Poles shall be provided; (2) Fixed Whelen Model# PCP2PED (12V Pedestal mount Dual panel LED Whelen Pioneer Plus — spot/flood ) and (2) POLE mount ROM #KR -SB -11 PFP1-1 (Single panel LED Whelen Pioneer Plus Flood). Above compartments #2 and #4, these lights will be fixed mounted. Two (2) pole lights shall be mounted at the rear of the apparatus. Poles to be bottom- raised. Lights to be switched from the Information Center and at the left side pump panel. Rear pole lights shall also be activated when the apparatus is backing up. Rear poles shall have stainless backing plates for wear protection from light cords. Exact location will be determined at the pre -construction conference. 10.17 Provide and install one (1) Whelen #PFP2 LED flood light with (1) Whelen # PBA130 Brow Mount Bracket (exact cab specification needed for fit). Light to be switched from the Information Center. Exact location will be determined at pre -construction. Light shall be mounted low enough as to not interfere with the Opticom emitter in the light bar. 43 10.18 Provide one (1) indicating system integrated on Weldon Vista IV display that features an outline of this specific fire apparatus including Left/Right/Rear/Overhead views. This display will indicate, exactly which cab door, compartment door, hose bed cover, pole light or master stream device is improperly stowed or closed. 10.19 Dual rectangular Halogen headlights shall be provided on the front of the cab, two (2) each side in a common bezel -one high beam and one low beam with alternating headlight warning system. System shall include "Day Time Running Lights". 10.20 Two (2) backup lights (lights to go on when reverse is selected). Type, Ziamatic ZQL-RV- H7614, Hull lights with trim ring (trim ring to be painted to match body), to be mounted in the body over rear wheels. 10.21 Two (2) directional turn signal lights to be provided, two (2) Whelen #M6T; M6 series LED Amber Turn light, Amber LED located next to steady reds above headlights. 10.22 Ten (10) Whelen Model # F09PC 9" Super LED Tube lights to act as perimeter/ground lights shall be mounted on the underside of the apparatus body and cab. Exact location shall be determined at the pre -construction conference. Ground lights shall be wired off of the battery switch and the switch located in the switch panel. Perimeter/Ground lights located below cab doors shall activate when cab door is opened for safe visibility. 10.23 Cab shall contain five (5) LED marker lights mounted on or recessed in the cab roof. LED clearance lights shall be recessed in running boards or tailboard. 10.24 Provide one (1) Whelen Flourent Plus series #F63PC; LED STRIP light at the rear tailboard under the intermediate step. This light shall be designed to provide adequate lighting for restocking of EMS equipment. One switch shall control light. Switch to be located at the rear tailboard and identified with a plaque. 10.25An electronic backup alarm shall be provided and shall activate anytime the vehicle is placed in reverse with the engine running. 10.26 Provide a minimum of Provide a minimum of one (1) Whelen 4" Super LED model #2000CDCR light, mounted in Whelen model #2GROMMET rubber grommet per door on the cab, utilizing either flat mount or 45 degree mounts as appropriate. These lights shall activate when that specific door is opened. 10.27 Provide four (4) Whelen 4" Super LED model #2000CDCR lights, mounted in Whelen Model#2GROMMET rubber grommets at rear hose bed (Two (2) each cover). Exact location to be determined at the preconstruction meeting. 10.28 Provide three (3) Whelen Model # PSTANK remote water tank level indicators, Lights to be mounted in an area visible from either side and rear of the apparatus. These lights shall shut off when parking brake released. Exact location shall be determined at preconstruction meeting. 10.29 Provide Whelen Flourent Plus LED Strip lights for pump panel illumination, two (2) on drivers side, two (2) on passenger side. Lights to be mounted under a protective shield above panel. Lights to be activated for pump panel or in cab from driver's area. Exact location of lights and switched to be determined at preconstruction meeting. 10.30 Provide two (2) directional turn signal lights, Whelen #M6T; LED Amber Turn light, located midship on apparatus. 44 11 WATER TANK 11.1 The apparatus shall be equipped with a polypropylene thermoplastic water tank manufactured by United Plastic Fabricating or equal. The tank and body end bulkheads shall be constructed of .5" thick, polypropylene, nitrogen -welded and tested inside and out. Tank size to be 500 gallons and have a lifetime warranty. Tank construction shall conform to NFPA standards. 11.2 The transverse and longitudinal .375" thick swash partitions shall be interlocked and welded to each other as well as to the walls of the tank. The partitions shall be designed and equipped with vent holes to permit air and liquid movement between compartments. 11.3 The .5" thick cover shall be recessed .375" from the top of the sidewalls. Hold down dowels shall extend through and be welded to both the covers and the transverse partitions, providing rigidity during fast fill operations. Drilled and tapped holes for lifting eyes shall be provided in the top area of the water tank. 11.4 The water fill tower shall be designed, sized, and located in the left front of the tank. The fill and overflow tower shall be equipped with a hinged lid and a removable screen. 11.5 The overflow tube shall be 6" and be installed in the fill tower and piped with schedule 40 PVC pipe through the tank and exiting behind the rear axle. 11.6 Suction from water tank to 1500 GPM main pump must be 3" ID minimum. Plumbing connection between water tank and pump shall be aligned, without bends. All fittings and valves from the water tank must be stainless steel or brass. 11.7 A 3" brass check valve must be properly installed in this line to prevent damage to the tank and prevent water from backing up through the tank suction if the tank -to -pump valve is in open position. 11.8 Water Tank shall be equipped with a FRP Tank Vision water level gauge, or equal. 12 FIRE PUMP 12.1 The fire pump shall be Hale model QTWO, 1500 gpm two stage. Pump to be mid -ship mounted on the chassis frame. The successful bidder shall adhere to the transfer case clearances specified by the pump manufacturer. 12.2 The pump, when dry, shall be capable of taking suction and discharging water with a lift of 10 feet in not more than 45 seconds through 20 feet of suction hose of the appropriate size. 12.3 The fire pump shall have a minimum two-year warranty. The pump shall comply with the latest recommendations of the National Fire Protection Association and the Underwriters Laboratories requirements. 12.4 A U.L. pump certification certificate shall be provided. Pump shall be a Class "A" type and shall deliver the percentage of rated discharge at pressure indicated below. 12.4.1 100% of rated capacity at 150 -PSI net pump pressure. 12.4.2 70% of rated capacity at 200 -PSI net pump pressure. 12.4.3 50% of rated capacity at 250 -PSI net pump pressure. Ery 12.5 Pump shall be equipped with a self-adjusting, maintenance free, mechanical shaft seal. 12.6 An electronic FRC Throttle Excel or equal with an inline resistor module for use with a Cummins engine shall be supplied for the pump panel. A pump interlock relay to activate the hand throttle circuits shall be provided for the OEM to activate. Throttle shall include throttle, tachometer, RPM, Volts, date, time, oil pressure, engine temperature, pump hours, incident hours, audible warning: Transmission temperature, voltage, Hi RPM, oil pressure and engine temperature. 12.7 The apparatus pump shall be equipped with a variable relief valve system designed to automatically relieve excessive pump pressure when operating from draft or positive incoming flows. The system shall self -restore to the non -relieving position when excessive pressure is no longer present. 12.8 The relief valve system shall be totally mechanical and consist of an internal relief valve to bypass water to the suction side of the pump, an external relief (dump) valve to discharge water to atmosphere, shall be Elkhart model #40-20. 12.9 A single panel mounted control shall permit the pump operator to "set" a desired relief pressure. 12.10 The external relief (dump) valve shall be mounted on the intake side of the pump where discharged water flowing through the valve provides a self-cleaning process and virtually eliminates the possibility of the valve remaining in an open position due to contamination. 12.11 One amber light shall illuminate when the internal relief valve is open. 12.12 All functional components of the relief valve system that are in contact with water shall be bronze material. 12.13 The total relief valve system must meet all existing NFPA Standards for Pressure Control Devices and Intake Pressure Relief Systems incorporated into one interconnected system. 12.14 Special pump ratio of 2.28 TO 1 shall be provided to assure that the lowest discharge pressure at idle is attained with the engine specified. Specify pump ratio: 12.15 The apparatus pump shall be equipped with a complete Hale Model TPM Total Pressure Master Relief valve system. 12.16 Provide a Hale Pump Power Shift on the left side of the driver's position in the forward cab. One green light is to indicate when both the pump has been engaged and the chassis transmission is in pump gear. This indicator light shall be labeled "OK to Pump". Note location of the power shift shall not interfere with any cab interior functions, i.e. window handle, etc. ElrA 12.17 The priming pump shall be an ESP primer system, positive displacement vane type, electrically driven and conform to standards outlined in NFPA Pamphlet 1901. One priming control shall both open the priming valve and start the priming motor. 12.18 A supplementary heat exchange cooling system shall be provided to allow the use of water from the discharge side of the pump for cooling the engine water. Heat exchanger is to be constructed of all brass and is to be a separate unit. 12.19 The pump shall be equipped with a Hale Thermal relief valve that will automatically dump to the water tank through a .375" discharge line when water temperature exceeds 120 degrees F. Valve shall be equipped with an integral strainer and shall reset automatically. A red light indicator on the pump panel shall turn on when this valve is activated. 12.20 Provide and install Hale AnodePro system or equal with three (3) pump mounted anodes. 13 PUMP INLETS AND OUTLETS 13.1 All discharge plumbing and manifolds shall be constructed of stainless steel or brass, sized to provide sufficient water to the required outlets. All discharge valves in the pump house will be labeled with corresponding numbers to the pump panel. 13.2 Provide Class 1 high-pressure flexible piping with a 1200 PSI burst pressure rating and 30 HG vacuum rating. Aero Quip wire braided hose with brass or stainless steel fittings, will be acceptable. 13.3 The fire pump, all piping and associated equipment shall be hydrostatically tested to 250 PSI in conformance to applicable NFPA standards. 13.4 Plumbing shall not hang below the exhaust system or interfere with the angle of approach or departure. 13.5 The entire fire pump and plumbing located in the fire pump enclosure shall be painted white. 13.6 All lines to drain through individual drain valves. All individual drain lines for discharges are to be extended with rubber hose, to drain below the chassis frame. Drain valves to be '/4 turn, located at the pump panel. 13.7 All water carrying gauge lines are to be flexible polypropylene tubing. 13.8 All intake and discharge valves shall be flange mounted Akron Brass in-line electric type ball valves with stainless steel balls with a simple two -seat design. All valve controllers shall be Akron 9323 or equal with color coding option located on the pump panel which include valve position indicators that identify the position of the valve. 48 13.9 The left and right inlet valves shall be TFT piston intake relief brass model #AB3STNX, 5" Stortz inlet with 6" female inlet. This shall include 5" cap and chain. One TFT piston Intake and one cap shall be provided by vendor and one shall be provided by SJFD prior to pump testing. 13.10 Provide two (2) 2 1/2" gated suction inlets, one on the right side, and one on the left side pump panel. Valves to be Akron electric with controls on the left side pump panel with valve position indicator lights. Inlet connections to be positioned and configured to allow the simultaneous use of all inlets and discharges without undo obstruction. 13.11 Valves to be plumbed directly to the suction side of the main pump and located behind the pump panel. These valves shall have 2 1/2"" female swivel with plug and chain. 13.12 Provide one (1) 2" tank fill and one (1) 3" tank -to -pump valve at the pump panel. Valves to be Akron electric with valve position indicator lights. 13.13 Six (6) 2 '/2" outlets must be provided: two (2) at the rear of the apparatus, one (1) on the right side pump panel, two (2) on the left side pump panel and one (1) in the rear crosslay which will include a 2'/2" chicksan swivel with N.S.T. Valves to be Akron electric controlled from the pump panel. 13.14 All outlets shall be provided with chrome plated caps and chains, turned down 30 degrees. 13.15 At the right side pump panel, provide one (1) high volume discharge using a 3" Akron electric valve. The discharge outlet shall be fitted with 3" inch outlet turned down 30 degrees with a 5" Stortz adapter and locking cap provided and attached. "DISCHARGE" will be clearly marked on the body panel. This outlet will be controlled from the left side pump panel. 13.16 Two (2) 1 '/2" discharges shall be plumbed to the front crosslays behind the cab in the forward part of the body. Valves to be Akron electric controlled from the left side pump panel. These discharge lines shall have 2" chicksan swivels with 1 1/2" N.S.T. 13.17 On the left side of the front bumper, provide one 1 1/2" discharge vertically mounted with 2" swivel. Valve to be Akron electric controlled from the left side pump panel. This discharge line shall have a 2" chicksan swivel with 1 1/2" N.S.T. and have an automatic drain plumbed inline. 13.18 A stop on the swivel shall be designed so it will not interfere with the raising of the cab. Exact design shall be determined at preconstruction meeting. 13.19 A hose well with the capacity to store 100' of 1 3/4" Akron double jacket hose with Akron 1767 nozzle recessed into the gravel shield shall be provided on the left side of the bumper. This well shall be of adequate size to allow the hose load to lie below the level of the bumper. Two (2) seatbelt style straps shall be provided. 13.20 Provide one (1) 3/4" discharge outlet at the left side pump panel. 49 13.21 This outlet will be a garden hose type fitting designed to wash small tools and equipment. 13.22 Provide a'/4 -turn ball valve. Valve shall be plumbed off of the fire pump. 13.23 Fitting to be male threads with a chrome end cap and chain. 13.24 A monitor is to be mounted just forward of the hose bed in the dunage well. Plumbing shall be a minimum 3" from the pump to monitor. Plumbing shall be configured to minimize friction loss and travel distance from pump. An Akron electric 3" ball valve (or equal) shall be provided for the monitor. 13.25 There shall be one (1) Akron electric control unit for the monitor located at the rear right side of the dunage well and one (1) located on the left side pump panel. Exact locations to be determined at preconstruction. 13.26 The monitor is to be Task Force portable Crossfire Extend -A -Gun X -FC -42 with a 1250 GPM rating to include XG-18 extended pipe. Pipe shall include warning system interlock. 13.27 It shall have a detachable base with a 5" stortz inlet. It will feature the SAFE-TAK System. System shall include an automatic shut-off clapper valve. Detachable base shall have mounting bracket installed in dunage well. 13.28 Provide stacked tip set #439. Tip sizes- 1 3/8" - 1 1/2" - 1 3/4 - 2". Provide monitor nozzle with Halo part number MR1250SNJ TFT-2.5NH 150-1250GPM. Provide mounting brackets and locate the tips in the dunage well. Exact location to be determined at the preconstruction meeting. 13.29 Provide an Akron 13" stream straightener. 13.30 Monitor shall have an interlock system that will alert the driver when the monitor is in the extended position. This system shall be wired to the indicating display and audible alarm referenced in section 10.18. 13.31 Monitor, when in the stored position, shall not be higher than the cab roof. Piping to be securely mounted for all possible flowing angles. 13.32 Dunage well shall have 3/16" polished aluminum diamond plate decking. Diamond plate decking shall be removable to allow for maintenance of the fire pump. The dunage well shall have minimum depth of 18". Diamond plate shall be reinforced to hold the weight of personnel operating monitor. 13.33 In the dunage well, provide a NFPA compliant storage area of appropriate size and configuration to store (2) 5 gallon spill kit buckets, monitor appliances, stacked tips, and/or fog nozzle. Each component shall have fixed mounting locations constructed of the same aluminum material as the dunage well. Spill buckets shall be stored in 6" high aluminum rings and flooring directly below buckets shall have drain holes. Exact location/design will be determined at the pre -construction meeting. 50 14 PUMP PANEL 14.1 Pump panels shall be brushed stainless steel with hinged access panels for ease of maintenance and repair of valves/controls and fire pump. All controls and gauges shall be labeled and color -coded. All foam lines shall labeled "FOAM". Panel shall include: 14.1.1 Class 1, liquid filled gauges shall be provided on the pump panel. 14.1.2 One (1) main pump compound gauge 30-0-600 PSI labeled Compound, minimum 4 1/2" diameter. 14.1.3 One (1) main pump pressure gauge 30-0-600 PSI labeled pressure, minimum 4 1/2" diameter. 14.1.4 One (1) 0-400 PSI individual gauge for each discharge outlet, minimum 2 1/2" diameter. 14.2 The following engine gauges shall be located on the pump panel: 14.2.1 One (1) pump hour meter. 14.2.2 One (1) fuel level gauge. 14.2.3 One (1) exhaust fluid level gauge. 14.2.4 Class 1 INFO III with the following: 14.2.4.1 One (1) engine oil pressure gauge. 14.2.4.2 One (1) engine temperature gauge. 14.2.4.3 One (1) Volt meter with low voltage alarm. 14.2.4.4 One (1) tachometer. 14.3 The following controls shall be provided on the left pump panel: 14.3.1 Six (6) 2 1/2"" electric discharge controls. 14.3.2 One (1) primer control. 14.3.3 One (1) auxiliary cooler valve control. 14.3.4 One (1) pressure regulator control, with lights. 14.3.5 One (1) electric discharge control for front bumper 1 1/2" pre -connected hand line. 14.3.6 One (1) electric discharge control for 3" outlet. 14.3.7 Two (2) electric discharge controls for suction 2 1/2"" inlets. 14.3.8 Two (2) electric discharge controls for 1 3/4" pre -connected crosslays. 14.3.9 Two (2) foam tank level indicating light systems. 14.3.10 One (1) electric discharge control for tank filler. Minimum 1 1/2"" valve. 62 14.3.11 One (1) electric discharge control for tank to pump valve. 14.3.12 One (1) water tank level sight tube. 14.3.13 One (1) manual transfer valve with indicator. 14.3.14 One (1) foam control panel and one foam flow meter for the class "A" and "B" systems. 14.3.15 Two (2) Foam Pro power refill connections. 14.3.16 One (1) Garden hose control valve. 14.3.17 Drain valves. 14.3.18 Main pump drain. 14.3.19 Test gauge panel. 14.4 A.25" outlet and control valve with a "Hansen" #1100 quick coupler shall be provided to fill air pressurized extinguishers or tires, externally located on the mid -ship pump panel. Provide a 25' air hose with universal fittings. 14.5 Pump operator's panel to be well illuminated for night operation with switch mounted on the panel. There shall also be a switch at driver's position to control lights at pump panel. Provide and install one (1) Whelen Flourent Plus # F27PC, strip light, LED. Provide and install one (1) Whelen Flourent Plus # F27PC, Level 3 strip light, LED, at the right side pump panel. Lights shall be covered by metal cover over the top. Lights shall be positioned far enough out to not create shadows over panel controls. 14.6 Pump access doors will be provided on the right side pump panel that will allow maintenance personnel full access to the fire pump and foam pump. Doors to be vertically hinged. 14.7 Pump panel on the left side shall be designed to allow maintenance personnel easy access to all gauges, valves and controls. Access panel(s) shall be hinged vertically where possible. 14.8 Provide and install a minimum of (2) white lights inside the pump enclosure area for safe maintenance operations; one per side. 14.9 At the left and right pump panels, provide a minimum of twelve (12) Cast Product's large folding steps (six at each panel area) or equal. These steps shall be placed in a location that will allow personnel safe access to the dunage well. Exact location to be determined at the preconstruction meeting. 14.10At the left and right pump panels, provide a minimum of two (2) handrails, one (1) each side of vehicle. These handrails shall be placed in a location and will be full width of pump panel that will allow personnel safe access to the dunage well. The handrails shall be constructed of extruded aluminum with groves for maximum gripping ability with chrome plated zinc die cast end stanchions. Exact location to be determined at the preconstruction meeting. 14.11 Prior to any fabrication of the pump panel, a print of the proposed layout and design will be submitted for approval to the San Jose Fire Department. Bidder shall clearly identify in the design the number, location and size of hinge panels furnished. Nva 14.12 Install access holes in pump panels to facilitate the manual use of discharge shutoff valves for all discharges using hand tools (7/16 wrench). Exact configuration/location to be determined at the preconstruction meeting. 14.13 Install three (3) high visibility electronic water level gauges on the Right/Left/Rear of apparatus. WHELEN # PSTANK; LED TANK STATUS LIGHT, 4 FUNCTION, High output, 12 VDC Scene lights. Exact location to be determined at preconstruction meeting. 53 15 TOOLS AND EQUIPMENT 15.1 A ladder storage compartment shall be provided at the rear of the apparatus. The compartment shall be an integral part of the body or water tank. Compartment access shall be through a horizontally hinged watertight access door. Door shall utilize a single D -handle latch for opening. Teflon type slide guides shall be provided within the compartment to separate the ladders and allow ease in ladder removal. Ensure that all plumbing that extends through this compartment is protected by enclosed construction that maximizes available compartment space. The rear ladder compartment shall be configured to safely store one (1) two -section 24' ladder in addition to one (1) 14' roof ladder and one (1) 10' folding attic ladder. This will allow the Fire Department to freely change ladder complement based on operational need. Exact configuration to be determined at the preconstruction meeting. Ladder storage should be configured in such a way to allow the safe storage of one EMS backboard under the level of the lowest ground ladder such that the backboard does not impact or cause repetitive friction to the halyard. A forward stop must be placed to prevent the backboard from sliding forward during vehicle movement. Fire Department to provide sample backboard at the preconstruction meeting. Exact design and layout to be determined at preconstruction. 15.2 Tubular holders shall be provided in ladder storage compartment to accommodate the following items: 15.2.1 One (1) 8' pike pole with solid fiberglass handle (City supplied) 15.2.2 One (1) 6' pike pole with solid fiberglass handle (City supplied) 15.2.3 One (1) 6' pry bar (City supplied) 15.2.4 One (1) Foam Fill Tube (Bidder supplied) Exact design and layout to be determined at preconstruction. 15.3 Provide two (2) 10' sections of 3" hard suctions hose with a 2 1/2" N.S.T. couplings and strainer. These hoses shall be mounted on top of the left side compartments in trays and shall be securely fastened with (3) nylon straps with seatbelt type buckles. Exact design to be determined at the preconstruction meeting. 15.4 One pair of Zico non -folding chocks part #AC -32 with QCH2H locking type mounting brackets, shall be provided with the apparatus. Chocks shall be mounted under left side of the apparatus, to the rear of the pump panel. Provide stainless steel protection on the body just above chock location. 54 16 CLASS "A" AND CLASS "B" FOAM SYSTEMS 16.1 The foam system shall be FoamPro Series 2002. System shall be electronic, fully automatic variable speed, direct injection, discharge side foam proportioning. System shall be a capable of handling Class "A" foam concentrates and most Class "B" foam concentrates. All foam lines shall have DOT approved inserts at all connection. 16.2 Paddlewheel -type flow meters shall be installed in the discharges specified to be foam capable. When the use of more than one flow meter is required, an interface electronic module will be provided to totalize these flows and send the flow total to the microprocessor in the computer control display. 16.3 Provide class "A" and class "B" foam pre -plumbed to the front bumper line, the three (3) pre - connected crosslays, the monitor, two (2) additional 2 1/2" discharges. Specific 2'/2" discharges to be identified at the preconstruction meeting. 16.4 Provide one (1) 20 -gallon class "A" foam tank and one (1) 30 -gallon class "B" foam tank. 16.5 Foams tanks shall be located in the well with easy access for refilling. Tanks can be intrigual to the water tank but cannot reduce the 500 -gallon capacity. 16.6 Tanks shall be clearly marked CLASS "A" FOAM TANK, CLASS "B" FOAM TANK. 16.7 Both foam tanks shall have tank shut-off valves and drain valves located in a convenient place and marked with the same metal labels as used at pump panel. 16.8 All foam controls, gauges and pre -plumbed discharge lines, will be clearly identified on the pump panel with the same metal labels. 16.9 Provide a Foam -Pro power—fill foam tank refill system for both Class "A" Foam and Class "B" Foam. Inlets will be located on the left side pump panel. Cole Hersee waterproof solenoid shall be used with this system. 16.10 Inside the right side pump access panels, provide a circuit breaker with reset for the foam pump. 17 PAINTING 17.1 After fabrication of the independent left and right body compartment assemblies and prior to being mounted to the apparatus, all inaccessible areas of the body compartments shall be properly primed, sealed and finish painted. The body compartments shall have all seams and flanges caulked throughout with a non -silicone automotive type caulk. 17.2 All aluminum diamond plate, stainless steel, brackets, bumpers, fenders, mirrors, lights and any other items attached to the body or cab shall be removed to prevent corrosion in preparation for paint, the body and cab shall have a two step cleaning process. 17.3 First the body and cab shall be chemically cleaned for metal impurities. Second, the body and cab shall be phosphatically conversion coated to assure proper paint adhesion. 61.1 17.4 The body and cab shall be primed with a total of two (2) coats of epoxy primer. The first coat of primer shall be "primer surfacer" to provide maximum adhesion of the finish coats of paint. 17.5 The entire apparatus shall be painted with three (3) coats of finish paint. The finish coat of paint shall be Dupont Imron 5000 (or equal). The cab top shall be painted Snow White, N1191 (or equal). The apparatus cab and body shall be painted Blaze Red N0918 (or equal). 17.6 The interior of all compartments and rear hose beds shall be painted with "Rhino Lining" type material, color gray. 17.7 The entire apparatus shall be rust proofed. Rust preventive compounds shall be applied to the underside and internal panels of the apparatus body. Rust preventive compounds shall be highly resistant to moisture, shall not wash off with water, and shall remain pliable. 17.8 Located on the front cab doors shall be "SAN JOSE FIRE DEPT" in "GOLD LEAF" lettering with black outline shadow (letters shall be bookman style 3.5 inches). Located just above the front radiator grill shall be "SAN JOSE" in "GOLD LEAF" (letters shall be bookman style 3.5 inches). The break line around the cab between the white top and red bottom shall be "GOLD LEAF" with black pin stripe using "Scotchlite" brand material, no exceptions. The word "Paramedic" (3 inch lettering) and the San Jose Fire Department Web site address (1.5 inch lettering) shall be in "Gold Leaf" black outline with shadow effect. Exact design, size and layout will be determined at the pre -construction conference. 17.9 The letters "SJS" shall be provided on the roof, the front of the cab, the left and right side of cab and the rear of the body. The letter size on front back and sides shall be 6 inch. The roof shall be 15 inch lettering. Exact Size, color and location of letters will be determined at pre -construction conference. 17.10 The apparatus shall be provided with a 4" and 1" high white Scotchlite reflective stripe around the entire vehicle including all compartment doors. The stripes shall have %" black pin stripe. The stripe design and location shall be determined at the preconstruction conference. 17.11 Provide and mount four (4) SJFD stainless steel slide trays used for engine designator. All trays shall be 12" wide x 10" high. 17.12 Provide and install two (2) American Flag/Eagle decals, one (1) each side of the cab. Decals will be located to the rear of the cab in the raised roof area. Exact location, design and type of flag will be determined at pre -construction. 17.13 Provide and mount one (1) aluminum overhead identification tray on top of cab. Tray shall be approximately 40.5 inches in length X 18 inches wide. San Jose Fire Department will determine exact design and mounting location at pre -construction conference. 17.14 Provide and install NFPA Chevron striping at the rear of the apparatus. This striping shall cover 50% of the rear surface. This striping shall slope downward and away from the centerline of the vehicle at an angle of 45 degrees. The striping shall be pin striped in black outline. Exact layout, color and design shall be determined at pre -construction conference. 6114 18 COMMUNICATION EQUIPMENT SEE ATTACHED CHARTS. 19 MANUALS/ SOFTWATE/ DIAGNOSTIC EQUIPMENT The successful bidder shall furnish the following: 19.1 One (1) Complete set of diagnostic equipment (including computer) and software for the transmission, engine, electrical, multiplex, anti-lock systems, anti -roll systems shall be provided with truck order. There shall be only one (1) complete set with each apparatus order regardless of quantity of apparatus. 19.2 One (1) new and current Panasonic Laptop Toughbook computer with high speed processing and large storage capacity with ruggedized carrying case and all necessary data -links shall be supplied and loaded on computer. The laptop will be provided with all current software installed for each system on the truck. Proper connection and use of computer shall be incorporated in to technician training described above. A one year subscription shall be supplied for any application requiring annual fees. 19.3 Diagnostic software transmission. The cab and chassis shall include the latest version of Allison's DOC diagnostic software for the transmission, which shall interface with the MagiKey. The software shall be compatible with both the 3000 and 4000 gen IV transmissions. Allison DOC for PC -Service Tool shall be backward compatible with older electronically controlled transmissions. The feature matrix for Allison Transmission Diagnostic Tools shall offer a user friendly table which shall guide you through all available and unavailable functions of the Allison Transmission diagnostic tools. The software shall be supported by Microsoft Windows, XP, Professional and window 2000 (SP4 or later). 19.4 Diagnostic Software Engine. The cab and chassis shall include a Cummins Quick Check QC5100 kit. The system shall be shipped loose with the chassis and shall include the following: A QC5100 handheld computer, cables, AC power supply, and the QC5100 software application suite. 19.5 Diagnostic Software ABS. The cab and chassis shall include diagnostic software for the Wabco ABS system shipped loose with the vehicle. The software shall interface with the MagiKey parallel port interface module. The Wabco software version E software is a comprehensive PC- based diagnostic program. The system requirements recommended by Meritor Wabco are: 19.5.1 32/64 Bit CPU -Based PC 19.5.2 Microsoft windows XP, Vista or Windows 7 operating system 19.5.3 512 MB RAM 19.5.4 60 MB HD space for full installation 19.5.5 RP1210A compliant communications adapter for SAE J1708/j1587 or PLC ti-YA 19.5.6 Serial Port, Parallel Port or USB Port for RP1210A adapter 19.6 Diagnostic Software ROLLTEK and APS system. The cab and chassis shall include diagnostic software for the RoIITek system shipped loose with the vehicle. The software kit number F101560 shall include an interface module with connectors to link a laptop computer to the vehicle for diagnostic purposes. 19.7 Diagnostic Interface Module. The shipped cab and chassis shall include a MagiKey parallel port universal interface module equipment kit which, shall communicate between the vehicle and the computer. The PDM is compatible with RP1210A OEM diagnostic software including: Caterpillar, Cummins, Detroit Diesel, Allison Transmission and Meritor Wabco. The kit shall include the Magikey parallel port data module, a standard IEEE -1284 interface cable which shall be 10.00 feet in length, the installation guide and driver, the NEXIQ RP -1210A API single use license and a 6 and 9 pin "Y" Deutsch adapter. The software shall be supported by Windows 95, 98, 2000, NT, XP and ME. 19.8 Diagnostic Software Weldon V -Mux. The cab and chassis shall include diagnostic software for the Weldon VMUX system shipped loose with the vehicle. The software kit shall include the following: 19.8.1 One (1) carrying case 19.8.2 One (1) USB Transceiver 19.8.3 One (1) on one (1) cable for mini node 19.8.4 One (1) on one (1) cable for Hercules node 19.8.5 One (1) Deutsch wire removal tool, 14.00 to 16.00 gauge wire (blue) 19.8.6 One (1) Deutsch wire removal tool, 18.00 to 20.00 gauge wire (red) 19.8.7 One (1) cable, RS232 9 pin serial PC to transceiver 19.8.8 One (1) cable, RS485 transceiver to VMUX 19.8.9 One (1) cable which shall troubleshoot Hercules outputs 19.8.10 One (1) cable which shall troubleshoot mini nodes outputs 19.8.11 One (1) downloader manual 19.8.12 One (1) diagnostic manual The system shall support PDF and USB diagnostic kits for Windows 2000, Vista and XP. NOTE: All required software shall include licensing and subscription fees from the bidder. 19.9 Provide Two (2) copies of the following manuals: 19.9.1 Complete chassis parts manual. 19.9.2 Complete chassis and body electrical as built. 19.9.3 Complete engine and transmission. 19.9.4 Complete Hale pump. 101 FROM ATTACHMENT 1A SECTION 18- COMMUNICATION EQUIPMENT 18.1 Intercom System ITEM NOTES David Clark 3800 series Intercom System: 1 U3800 MASTER INTERCOM 2 U3815 INTERFACE 2 C3821 INTERFACE CABLE (916) 812-2271 2 C3812 JUMPER CABLE 1 C3820 POWER CABLE 1 40107G-01 ADAPTER 2 09227P-01 CONNECTOR 2 18352G-07 CONNECTOR 2 26553P-01 GUARD 2 26619P-01 SWITCH 6 David Clark Headsets #H3342 1 DC -H9940 Wireless Headset, behind the head 1 DC -U9910 BSW Wireless Belt Station, VOX 1 DC -U9922 -G38 Wireless Gateway, 3800 1 DC-A99-04CRG1 Wireless Charging Unit -4 Bay (12VDC) 1 DC -40688G-97 Wireless Battery Tie Down Strap (2 ea) 1 DC -40688G-08 Headset Carry Bag 1 DC -40688G-96 Wireless Antenna, Remote Kit (permanent mount) 1 DC -40688G-90 Wireless Battery Pack, Belt Station 1 DC -C3821 Interface cord 1 DC -18352G-17 MS Connector 6-pinsccket All necessary David Clark Cables and connectors Motorola Motor Vehicle Adapter: N1671 MOTOR VEHICLE H24 ADAPTER FOR Q757 UHF HAND-HELD Q147 RADIO 18.2 Computer Hardware and Accessories ITEM NOTES 1 ASC103SG Cira C103SG-Cellular internet routing appliance with GPS, Feeney Wireless 1 RP SMA Female external WIFI antenna connector and external Ethernet 800 683-4818 port. Contact: James Means 09815P-20 CABLE 1 Gamber Johnson Latest Getac B300 Docking Station with built-in Feeney Wireless 1 power supplySpeaker 6 Watt Audio 800 683-4818 Contact: James Means 1 Screen Support: Gamber Johnson Screen support part number 7160- 0060 1 Cable Serial Cable, 9 Pin connectors, 25ft 1 SMW-303-3J3C2C Mobile Mark communications Black Radome antenna 1 CB185-100Circuit Breaker Bussmann Cooper 2 Battery Cables:4 gauge power and ground cables from chassis batteries to central communications area. Cables to be in protective fabric loom 18.3 Communication Radio City provided Radio shall be installed by vendor. Vendor shall supply and install 1 MAXRAD MWB1320 with a MB8 (Antennex) NMO cable kit terminated with a mini UHF connector. 1.1 ATTACHMENT 1 B SPECIFICATIONS RESPONSE FORM (from Attachment 1A) 1) SPECIAL PUMP RATIO OF 2.28 TO 1 SHALL BE PROVIDED TO ASSURE THAT THE LOWEST DISCHARGE PRESSURE AT IDLE IS ATTAINED WITH THE ENGINE SPECIFIED. SPECIFY PUMP RATIO: (ATTACHMENT 1 A, SECTION 12.14) I -PA ATTACHMENT 2 — BID PRICING FORM 1500 GPM Fire Engines (Design/Build) This is a worksheet only. Bidder must enter prices on BidSync. Base bid Bidder agrees to provide new 1500 GPM Fire Engines in accordance with the terms of this bid and related documents at the following prices: ITEM DESCRIPTION ESTIMATED UNIT EXTENDED QTY COST COST TOTAL 1 1,500 GPM Fire Engine 2 ea $ $ 2 Factory Inspection Trips for City Staff 3 ea $ $ (Attachment 1, Section 1.39) Training Services (Operation and 3 maintenance, per Attachment 1, section 48 hrs $ $ 1.43) 4 Training Service (Technician training, per 16 hrs $ $ Attachment 1, section 1.44) 5 Laptop & Software Subscription (Attachment 2 ea $ $ 1, section 19) 6 Shipping (if applicable) 2 ea $ $ 7 TOTAL BASE BID $ The Base Bid TOTAL (line item 7) indicated in words: Dollars, and cents. Option Bid ITEM DESCRIPTION ESTIMATED UNIT EXTENDED QTY COST COST TOTAL Option 1: Provide air operated fold down 1 steps at each cab entry door. (Attachment 1, 2 ea $ $ section 2.1.49) 63 The Option Bid TOTAL (line item 4) indicated in words: Dollars, and cents. NOTES: 1. The estimated quantities provided by the City are not guaranteed. These quantities are listed for information purposes only. The quantities may vary depending on the demands of the City. Any variations from to these estimated quantities shall not entitle the Bidder to an adjustment in the unit price or to any additional compensation. 2. Do not include sales tax in your bid. Prior to award of contract, the City will confer with the successful Bidder to review applicable sales and use taxes and make required adjustments. 3. The low price determination shall be the base bid (Total) amount. 4. Consideration for local and small business preference will be applied to the base bid by the City as applicable. Bidders must complete Attachment 6 to be eligible for this preference. 5. Only prices that appear on City Contract Bid sheets will be considered. No other pages with prices, no attached price lists (except those requested) and no catalogue prices will be considered. 6. Per Section 8.2, Shipping and delivery shall be FOB Destination, prepaid unless specified as a separate line item on Bid Pricing Form. 64 Option 2: Provide exterior access 2 compartments directly behind driver and 2 ea $ $ caption position seats. (Attachment 1, section 2.1.50 3 Option 3: Provide Quantum cab or equal. 2 ea $ $ (Attachment 1, section 2.1.51) 4 TOTAL OPTION BID $ The Option Bid TOTAL (line item 4) indicated in words: Dollars, and cents. NOTES: 1. The estimated quantities provided by the City are not guaranteed. These quantities are listed for information purposes only. The quantities may vary depending on the demands of the City. Any variations from to these estimated quantities shall not entitle the Bidder to an adjustment in the unit price or to any additional compensation. 2. Do not include sales tax in your bid. Prior to award of contract, the City will confer with the successful Bidder to review applicable sales and use taxes and make required adjustments. 3. The low price determination shall be the base bid (Total) amount. 4. Consideration for local and small business preference will be applied to the base bid by the City as applicable. Bidders must complete Attachment 6 to be eligible for this preference. 5. Only prices that appear on City Contract Bid sheets will be considered. No other pages with prices, no attached price lists (except those requested) and no catalogue prices will be considered. 6. Per Section 8.2, Shipping and delivery shall be FOB Destination, prepaid unless specified as a separate line item on Bid Pricing Form. 64 ATTACHMENT 3 Bid Certification ***IMPORTANT*** A SCANNED COPY OF SIGNED BID CERTIFICATION FORM MUST BE ATTACHED TO ELECTRONIC PRICING BID. NO BID SHALL BE ACCEPTED WHICH HAS NOT BEEN SIGNED IN INK IN THE APPROPRIATE SPACE BELOW Bidding Firm Name: Address: Telephone: Facsimile: E -Mail: Contact Person Name and Title: BIDDER REPRESENTATIONS Bidder did not, in any way, collude, conspire or agree, directly or indirectly, with any person, firm, corporation or other Bidder in regard to the amount, terms, or conditions of this proposal. 2. Bidder additionally certifies that neither bidder nor its principals are presently disbarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, any California State agency, or any local governmental agency. 3. Bidder acknowledges that all requests for deviations, exceptions, and approved equals are enclosed herein and that only those deviations, exceptions, and approved equals included in the RFB document or permitted by formal addenda are accepted by the City. 4. Bidder did not receive unauthorized information from any City staff member or City Consultant during the Bidding period except as provided for in the Request for Bid package, formal addenda issued by the City, or the pre-bid conference. 5. Bidder hereby certifies that they will meet the equipment delivery and installation services dates included in the RFB and/or its attachments. 6. Bidder hereby certifies that the information contained in the proposal and all accompanying documents is true and correct. 7. Please check the appropriate box below: ❑ If the proposal is submitted by an individual, it shall be signed by him or her, and if he or she is doing business under a fictitious name, the proposal shall so state. ❑ If the proposal is made by a partnership, the full names and addresses of all members and the address of the partnership, the full names and addresses of all members and the addresses 65 of the partnership, the full names and addresses of all members and the address of the partnership shall be stated and the proposal shall be signed for all members by one or more members thereof. ❑ If the proposal is made by a corporation, it shall be signed in the corporate name by an authorized officer or officers. ❑ If the proposal is made by a limited liability company, it shall be signed in the corporate name by an authorized officer or officers. ❑ If the proposal is made by a joint venture, the full names and addresses of all members of the joint venture shall be stated and the bid shall be signed by each individual. By signing below, the submission of a bid shall be deemed a representation and certification by the Bidder that they have investigated all aspects of the RFB, that they are aware of the applicable facts pertaining to the RFB process, its procedures and requirements, and that they have read and understand the RFB. Authorized Representative Name (sign name): Authorized Representative Signature (print name): Authorized Representative Title (print title): Complete Additional Signatures Below As Required Per # 7 Above Authorized Representative Name (sign name): Authorized Representative Signature (print name): Authorized Representative Title (print title): Authorized Representative Name (sign name): Authorized Representative Signature (print name): Authorized Representative Title (print title): NO BID SHALL BE ACCEPTED WHICH HAS NOT BEEN SIGNED IN INK IN THE APPROPRIATE SPACE ATTACHMENT 4 REQUEST FOR APPROVED EQUALS FORM Bidder: Bid Number and Title: Bid Item Identification Information Specified Item #: Description: Specification Section #: Proposed Alternate Information Manufacturer: Make/Model: Description: Additional Information: Signature: Title: Name: Date: Telephone: E -Mail: REQUIRED ATTACHMENTS: 1. Attach manufacturers data sheets, catalogues, product literature, etc. in sufficient detail to allow verification that requested product meets or exceeds all specifications as listed in this bid document. List each product specification (Part II, Section ) and provide a cross-reference showing where each specification can be verified with the information provided. 2. Provided three references, Attachment M -A ATTACHMENT 5 PREVIOUS CUSTOMER REFERENCE WORKSHEET At the time of bid submission, three references are required from bidders that can substantiate large customer accounts where the bidder has provided sales, service and support similar to the requirements of this bid. Please submit these references using Attachment 5, Previous Customer Reference Sheet. Only one copy of the form is provided in the RFB package. Bidders are required to copy the form as required to meet the reference submission requirements. Name of Customer: Customer Address: Your Company Name: Brief Description of Service Provided: Customer Contact: Customer Phone Number: What was the period of performance? From: To: $ value of Contract: 68 ATTACHMENT 6 City of San Jose Request for Contracting Preference for Local and Small Businesses Chapter 4.12 of the San Jose Municipal Code provides for a preference for Local and Small Businesses in the procurement of contracts for supplies, materials and equipment and for general and professional consulting services. The amount of the preference depends on whether the vendor qualifies as a Local Business Enterprise* or Small Business Enterprise** and whether price has been chosen as the determinative factor in the selection of the vendor. In order to be a Local Business Enterprise (LBE) you must have a current San Jose Business Tax Certificate Number and have an office in Santa Clara County with at least one employee. If you qualify as an LBE you can also qualify as a Small Business Enterprise (SBE) if the total number of employees (regardless of where they are located) of your firm is 35 or fewer. There are two ways in which the preference can be applied. In procurements where price is the determinative factor (i.e. there are not a variety of other factors being considered in the selection process) the preference is in the form of a credit applied to the dollar value of the bid or quote. For example, a non -local vendor submits a quote of $200 per item and a LBE submits a quote of $204 per item. The LBE receives a 2.5% credit on the quote, which equals approximately $5 and thus the LBE will win the award because the quote is evaluated as if it had been submitted as $199. In procurements such as RFP there are usually a variety of factors evaluated to determine which proposal best meets the City's needs. In procurements such as these where price is not the determinative factor, an LBE or SBE will be given an additional 5% to 10% points in the scoring of their proposal. The following determinations have been made with respect to this procurement: (for official use only) Type of Procurement ® Bid I ❑ Request for Quote ❑ Request for Proposal Type of Preference ® Price is Determinative LBE preference = 2.5% of Cost ❑ Price is Not Determinative LBE preference = 5% of Points Amount of Preference SBE preference = 2.5% of Cost SBE preference = 5% of Points In order to be considered for any preference you must fill out the following statement(s) under penalty of perjury. Business Name Business Address Telephone No. Type of Business ❑ Corporation ❑ LLC ❑ LLP ❑ General Partnership ❑ Sole Proprietorship ❑ Other (explain) *LOCAL BUSINESS ENTERPRISE (LBE) PREFERENCE In order to qualify as an LBE you must provide the following information: Current San Jose Business Tax Certificate Number: Address of Principal Business Office or Regional, Branch or Satellite Office with at least one employee located in Santa Clara County: **SMALL BUSINESS ENTERPRISE (SBE) PREFERENCE In order to qualify as an SBE you must qualify as an LBE and have 35 or fewer employees. This number is for your entire business NOT just local employees, or employees working in the office address given above. Please state the number of employees that your Business has: Based upon the forgoing information I am requesting that the Business named above be given the following preferences (please check): ❑ Local Business Enterprise ❑ Small Business Enterprise I declare under penalty of perjury that the information supplied by me in this form is true and correct. Executed at: California Date: Signature Print name 69 Attachment 7 — Service Center Information DESCRIPTION INSERT INFORMATION BELOW Service Facility Location Service Facility Manager Service Facility Phone Number 24 / 7 / 365 Service Phone Number Service Facility Website # of Service Bays # of Mobile Service Vehicles # of Factory Trained Service Technicians Service Facility Hours of Operation Service Facility Parts Inventory (in Dollars) Please complete this form and submit with your bid. Complete form for each vehicle you are bidding on. 1501 ATTACHMENT 8 INSURANCE REQUIREMENTS CONTRACTOR, at CONTRACTOR'S sole cost and expense, shall procure and maintain for the duration of this AGREEMENT, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by the CONTRACTOR, its agents, representatives, employees or subcontractors or suppliers. The cost of such insurance shall be included in the CONTRACTOR'S bid. I. Minimum Scope and Limit of Insurance There shall be no endorsements reducing the scope of coverage required below unless approved by the City's Risk Manager. Type of Insurance Minimum Limit 1. Commercial General Liability $1,000,000 per occurrence for The coverage provided by Insurance Services Office bodily injury, "occurrence" form CG 0001, including coverages for personal injury and contractual liability, personal injury, broadform property property damage or damage, independent contractors, products and completed $2,000,000 annual operations. aggregate. 2. Automobile Liability $1,000,000 combined single The coverage provided by Insurance Services Office form limit per accident for number CA 0001. Coverage shall be included for all owned, bodily injury and non -owned and hired automobiles. property damage. 3. Workers' Compensation and Employer Liability $1,000,000 combined single As required by the Labor Code of the State of California. limit per accident for bodily injury and property damage. II. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the City's Risk Manager. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and contractors; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the City's Risk Manager. 71 INSURANCE REQUIREMENTS III. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, its officials, employees, and agents are to be covered as additional insureds as respects: liability arising out of activities performed by, or on behalf of, the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, and agents. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees, and agents. Any insurance or self- insurance maintained by the City, its officials, employees, and agents shall be excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, or agents. d. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Coverage shall contain a waiver of subrogation in favor of the City, its officials, employees, and agents. 2. Workers' Compensation and Employers Liability Coverage shall be endorsed to state carrier waives its rights of subrogation against the City, its officials, and agents. 3. All coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City; except that ten (10) days' prior written notice shall apply in the event of cancellation for non-payment of premium. IV. Acceptability of Insurance Insurance is to be placed with insurers acceptable to the City's Risk Manager. ria INSURANCE REQUIREMENTS V. Verification of Coverage Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Copies of all the required ENDORSEMENTS shall be attached to the CERTIFICATE OF INSURANCE which shall be provided by the Contractor's insurance company as evidence of the stipulated coverages. Proof of insurance shall be either emailed in pdf format to: Riskmgmt@sanjoseca.gov, or mailed to the following postal address (or any subsequent email or postal address as may be directed in writing by the Risk Manager): City of San Jose — Finance Department Risk & Insurance 200 East Santa Clara St., 14th Floor San Jose, CA 95113-1905 VI. Subcontractors Contractors shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. 73 ATTACHMENT 9 CITY OF SAN JOSE, PURCHASE ORDER STANDARD TERMS AND CONDITIONS 1. DEFINITIONS: "City" shall mean the City of San Josh. "Vendor" shall mean the provider of goods and/or services which are the subject of this purchase order. "Director" shall mean the Director of Finance or Director's authorized designee. 2. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences City's acceptance of Vendor's offer to provide to City the goods and/or services which are the subject of this purchase order and constitutes a binding contract therefore upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto, the provisions of the attachment shall control. 3. SCHEDULE OF GOODS AND/OR SERVICES; TIME OF PERFORMANCE: Vendor shall supply those goods and/or services which are specified herein, in accordance with the schedule and during the term which are specified herein. Time is of the essence in this purchase order. 4. COMPENSATION; SCHEDULE OF PAYMENT: The compensation to be paid and the method of payment to Vendor for goods and services shall be as set forth herein. Unless otherwise provided herein, payment shall not be due until thirty (30) calendar days after the later to occur of the date performance under this purchase order is completed to the satisfaction of City and the date City receives an acceptable invoice. No payment shall represent a waiver of City's right to inspect for defects. Unless otherwise provided herein, Vendor shall be responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs of equipment provided by Vendor, all fees, fines, licenses, bonds or taxes required of or imposed against Vendor, and all other of Vendor's costs of doing business. 5. CURRENT PRICES OF GOODS: Vendor represents that prices to be paid by City for goods shall not exceed current prices charged to any other customer of Vendor for items which are the same or substantially similar to the goods, taking into account the quality of the goods, and Vendor will forthwith refund any amounts paid by City in excess of such prices. 6. DISCOUNT PERIODS: Payment discount periods shall be calculated from the later of the date this purchase order is completed or the date City receives an acceptable invoice, to the date City's payment is sent. 7. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods and/or services; provided, however where a tax exemption is available, such tax shall be subtracted from the total compensation and identified. Municipalities are exempt from federal excise and transportation taxes, except for the excise tax on gasoline. Exemption certificates will be furnished upon request. 8. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered "fi-ee on board destination" to the location specified herein, full freight prepaid except for special or expedited orders. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. City's order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by City shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods shall pass to City only upon delivery by Vendor in the manner specified herein and City's acceptance of such goods. 9. WARRANTIES: Vendor wan-ants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect. Unless manufactured or performed pursuant to detailed design furnished by City, Vendor assumes design responsibility, and warrants that all goods and services shall be delivered or performed free of design defect and suitable for the purposes intended by City, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Vendor's warranties shall run to City and shall not be deemed to be exclusive. City's inspections, approval, acceptance, use of or payment for all or any part of the goods or services shall in no way affect its warranty rights whether or not a breach of warranty had become or should have become evident at the time. 10. CHANGES: City shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. The only valid change is a change order signed by the Director. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If any such changes cause an increase or decrease in the cost of or time for performance, an equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Vendor shall promptly deliver to City, and in any event within ten (10) calendar days after receipt of such notice, a statement showing the effect of any such changes in the cost of or time for performance. Failure of Vendor to submit the statement within the above time limit shall constitute its consent to perform the change without increase in compensation or time for performance. 11. TERMINATION FOR DEFAULT OR CONVENIENCE: City may, by written notice to Vendor, terminate this purchase order in whole or from time to time in part for default: (i) if Vendor fails to deliver the goods or to perform the services strictly within the time specified herein, or if no time is specified, within a reasonable time; (ii) if the goods delivered or services performed do not conform to the requirements of this purchase order or if Vendor fails to perform any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase order in accordance with its terms; or (iii) if the Vendor becomes insolvent. If this purchase order is terminated for default, City, in addition to all other rights afforded by law for Vendor's default, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and City may set off any such charge against any amounts which may become payable to Vendor under this purchase order or otherwise. City may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order for convenience and without cause. In the event of such termination for convenience, Vendor will be paid for those goods delivered and services performed pursuant to this purchase order to the satisfaction of City up to the date of termination. The Director is empowered to terminate this purchase order on behalf of City. 12. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, "CLAIMS"), INCLUDING WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY, CAUSED BY OR RESULTING FROM THE ACTS OR OMISSIONS OF VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER, OR THE BREACH BY VENDOR OF ANY OF ITS OBLIGATIONS UNDER THIS PURCHASE ORDER 13. INSURANCE REQUIREMENTS: If applicable, Vendor agrees to have and maintain the insurance policies specified herein. All policies, endorsements, certificates and/or binders shall be subject to review and approval by the Risk Manager of the City of San Jose as to form and content. These insurance requirements are subject to amendment or waiver if so approved in writing by the Risk Manager. Vendor agrees to provide City with a copy of applicable certificates and/or endorsements before work commences under this purchase order. 14. COMPLIANCE WITH THE LAW: Vendor shall in the performance of this purchase order comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. 74 15. GOVERNING LAW: City and Vendor agree that the law governing this purchase order shall be that of the State of California. 16. VENUE: In the event that suit shall be brought by either party to this purchase order, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California. 17. ASSIGNMENT OF CONTRACT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the Director's prior written consent. Vendor may assign monies due under this purchase order. City will recognize such assignment, to the extent permitted by law, if City is given proper notice thereof. Any assignment shall be subject to set-off or recoupment for any present or future claim which City may have against Vendor. 18. WAIVER: Vendor agrees that City's waiver of any breach or violation of any provision of this purchase order shall not be deemed to be a waiver of any other provision or a waiver of any subsequent breach or violation of the same or any other provision. City s acceptance of the performance of any of Vendor's performance will not be a waiver of any provision of this purchase order. 19. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor shall act as and be an independent contractor and not an employee, agent, joint venturer, or partner of City. As an independent contractor, Vendor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Vendor hereby expressly waives any claim it may have to any such rights. Both parties acknowledge that Vendor is not an employee for state or federal tax purposes. Vendor shall retain the right to perform services for others during the term of this purchase order. 20. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by City, or as required by law. 21. OWNERSHIP OF MATERIALS: All reports, documents or other materials developed or discovered by Vendor or any other person engaged directly or indirectly by Vendor in performance of this purchase order shall be and remain the property of City without restriction or limitation upon their use. 22. VENDOR'S BOOKS AND RECORDS: Vendor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, for the date of final payment to Vendor pursuant to this purchase order. Vendor shall maintain all documents and records which demonstrate performance under this purchase order for a minimum of three (3) years, or for any period longer required by law, from the date of termination or completion of this purchase order. Any records or documents required to be maintained pursuant to this purchase order shall be made available for inspection or audit, at any time during regular business hours, upon written request by City Attorney, City Auditor, City Manager or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Vendor's business City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any part authorized by Vendor, Vendor's representatives, or Vendor's successor -in -interest. 23. NON-DISCRIMINATION: a. Prohibition on Discrimination and Preferential Treatment. CONTRACTOR shall fully comply with Chapter 4.08 of the San Jose Municipal Code and agrees that there shall be no discrimination against, or segregation of, any person, on account of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, national origin, marital status, or family status, in connection with or related to the performance of CITY contracts. b. Compliance Reports. If directed by the Director of Office of Equality Assurance of the CITY, CONTRACTOR shall file, and cause any subcontractor to file, compliance reports with the Director of Office of Equality Assurance. Compliance reports shall be in the form and field at such times as may be designated by the Director of Office Equality Assurance. Compliance reports shall contain such information and be supported by such data or records as may be requested by the Director of Office of Equality Assurance to determine whether CONTRACTOR or its subcontractor is complying with the nondiscrimination and non -preference provisions of this Agreement and Chapter 4.08 of the Municipal Code. C. Failure to Comply with Nondiscrimination Provisions. If the Director of Office of Equality Assurance determines that the CONTRACTOR has not complied with the nondiscrimination or non -preference provisions of this Agreement, the CITY may temninate or suspend this Agreement, in whole or in part. Failure to comply with these provisions may also subject CONTRACTOR and/or subcontractor to debarment proceedings pursuant to provisions of the San Jose Municipal Code. Failure to comply with these provisions is a violation of Chapter 4.08 of the San Jose Municipal Code and is a misdemeanor. d. Subcontracts. CONTRACTOR shall include provisions a through c above, inclusive, in each subcontract entered into in furtherance of this Agreement so that such provisions are binding upon each of its subcontractors. e. Waiver of Nondiscrimination Provisions. The nondiscrimination provisions of this Agreement may be waived by the Director of Office of Equality Assurance, if the Director of Office of Equality Assurance determines that the CONTRACTOR has its own nondiscrimination requirements or is bound in the performance of this Agreement by the nondiscrimination requirements of another governmental agency, and the nondiscrimination provisions of the CONTRACTOR or other governmental agency are substantially the same as those imposed by the CITY. 24. GIFTS: CONTRACTOR represents that it is familiar with the City's prohibition against the acceptance for any gift by a CITY officer or designated employee, which prohibition is found in Chapter 12.08 of the San Jose Municipal Code. CONTRACTOR agrees not to offer any CITY officer or designated employee any gift prohibited by said Chapter. The offer or giving of any gift prohibited by Chapter 12.08 shall constitute a material breach of this SERVICE ORDER by CONTRACTOR. In addition to any other remedies CITY may have in law or equity, CITY may terminate this SERVICE ORDER for such breach. 25. CONFLICT OF INTEREST: CONTRACTOR shall avoid all conflict of interest or appearance of conflict of interest in performance of this SERVICE ORDER. DISQUALIFICATION OF FORMER EMPLOYEES: CONTRACTOR is familiar with the provisions relating to the disqualification of former officers and employees of CITY in matters which are connected with former duties or official responsibilities as set forth in Chapter 12.10 of the San Jose Municipal Code ("Revolving Door Ordinance'). CONTRACTOR shall not utilize either directly or indirectly any officer, employee, or agent who would be in violation of the Revolving Door Ordinance. rb7 ATTACHMENT 10 Liquidated Damages LIQUIDATED DAMAGES FOR FAILURE TO ATTAIN PERFORMANCE STANDARDS Contractor understands and agrees that one of the City of San Jose's (City) primary goals in granting this Purchase Order is to ensure that the delivery and acceptance schedule agreed to as a part of the bid submission is met without condition or qualification, to deliver 2 1500 GPM Fire Engines to the San Jose Fire Department. Contractor further agrees that City will suffer damage if Contractor fails to meet these delivery requirements and that, due to the nature of these breaches, the actual damage to the City would be impractical or very difficult to fix. CONTRACTOR AND CITY AGREE THAT THE AMOUNTS SET FORTH BELOW, SHALL BE PAID TO CITY AS LIQUIDATED DAMAGES IF CONTRACTOR BREACHES THAT PERFORMANCE STANDARD SPECIFIED. CONTRACTOR AND CITY ACKNOWLEDGE THAT CITY'S ACTUAL DAMAGES IN THE EVENT OF A BREACH OF SUCH PERFORMANCE STANDARDS WOULD BE IMPRACTICAL TO DETERMINE. THEREFORE, BY PLACING THEIR SIGNATURES BELOW, CITY AND CONTRACTOR ACKNOWLEDGE THAT THE AMOUNTS SET FORTH HAVE BEEN AGREED UPON AS THE PARTIES' REASONABLE ESTIMATE OF CITY'S DAMAGES IN THE EVENT OF SUCH BREACH. The following specified items shall be referred to as "Liquidated Damages Breaches". Contractor agrees to pay to the City the amount specified below as liquidated damages for the applicable breach. Fire Engines shall be completed, delivered and accepted within a maximum of 365 calendar days or an agreed upon term between the Contractor and the City. Should contractor deviate from any part of the schedule allotted for this project, the City of San Jose may recover $500.00 per day, per truck in excess. Procedure for Declaring Service Schedule Breach: Upon notification that delivery and acceptance requirements have not been met, the Director will issue a written notice to the Contractor and the City's claim for Liquidated Damages. Contractor: City of San Jose: Signature: Signature: Name: Name: Mark Giovannetti Title: Title: Purchasing Officer Date: Date: WC-wVERGE.VCrVEMCMffl8ERVICWJ C. ZIP 444 N GREGER ST OAKDALE CA 95361 (209) 8474042 F:iX (209) x'147-`1110 www.hitechovs.com www.saartanerv.com www.ovi-fl.com San Jose F.D. Type -1 Tae -On Proposal San Jose RFB 12-1344 For Lodi Fire Department Lodi, California July15, 2015 TWO HI-TECH/SPARTAN GLADIATOR LFD, 10" RAISED ROOF, 450HP,1500 GPM TYPE I PUMPER 1. Apparatus Cost, Per Lodi Fire Department Specifications ................... $862,342.00 2. Sales Tax @ 8.0%....................................................................................... $ +68,987.36 3. Grand Total................................................................................................ $ 931,329.36 * Plus any additional Federal, State, or Local fee, tax, or mandated safety and emission equipment applicable at time of delivery. Delivery = Approximately 365 Days After Receipt Of Order Documentation Brian Ruthman Date kccep"edBy — tWe Da(e '3abjec� C�a�r����?lh GOVERNMENTAL CERTIFICATE Principal j Loan Date Maturity Loan No call r con � Account Officer initials $468.000.00 I, 09-02-2015 12-01-2020 10-000013-32 4 968 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " *' has been omitted due to text length limitations. .. Entity: CITY OF LODI Lender: Fanners & Merchants Bank of Central California 221 W. PINE STREET LOAN CENTER LODI, CA 95240 116 WEST PINE STREET P. O. BOX 3000 LODI, CA 95241-1902 (800) 888-1498 WE, THE UNDERSIGNED, DO HEREBY CERTIFY THAT: THE ENTITY'S EXISTENCE. The complete and correct name of the governmental entity is CITY OF LODI ("Entity"). The Entity is a governmental entity which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws and regulations of the State of California. The Entity has the full power and authority to own its properties and to transact the business and activities in which it is presently engaged or presently proposes to engage. The Entity maintains an office at 221 W. PINE STREET, LODI, CA 95240. The Entity shall do all things necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of the Entity and any other governmental or quasi -governmental authority or court applicable to the Entity and the Entity's business activities. CERTIFICATES ADOPTED. At a meeting of the appropriate governing body of the Entity, duly called and held on September 2, 2015, at which a quorum was present and voting, or by other duly authorized action in lieu of a meeting, the resolutions set forth in this Certificate were adopted. OFFICIALS. The following named persons is an Officials of CITY OF LODI: NAMES TITLES AUTHORIZED ACTUAL SIGNATURES STEPHEN SCHWABAUER City Manager Y X JORDAN AYERS Deputy City Manager Y X ACTIONS AUTHORIZED. Any one (1) of the authorized persons listed above may enter into any agreements with Lender related to Loan No 10- 000013-32 for acquisition of Fire Engine ("Fire Engine Loan"), and those agreements will bind the Entity. With regard to the Fire Engine Loan, specifically, but without limitation except that it relates to the Fire Engine Loan, any one (1) of such authorized persons is authorized, empowered, and directed to do the following on behalf of the Entity: Borrow Money. To borrow, as a cosigner or otherwise, from time to time from Lender, on such terms as may be agreed upon between the Entity and Lender, such sum or sums of money as in their judgment should be borrowed, without limitation. Execute Notes. To execute and deliver to Lender the promissory note or notes, or other evidence of the Entity's credit accommodations, on Lender's forms, at such rates of interest and on such terms as may be agreed upon, evidencing the sums of money so borrowed or any of the Entity's indebtedness to Lender, and also to execute and deliver to Lender one or more renewals, extensions, modifications, refinancings, consolidations, or substitutions for one or more of the notes, any portion of the notes, or any other evidence of credit accommodations. Grant Security. To mortgage, pledge, transfer, endorse, hypothecate, or otherwise encumber and deliver to Lender any property now or hereafter belonging to the Entity or in which the Entity now or hereafter may have an interest, including without limitation all of the Entity's real property and all of the Entity's personal property (tangible or intangible), as security for the payment of any loans or credit accommodations so obtained, any promissory notes so executed (including any amendments to or modifications, renewals, and extensions of such promissory notes), or any other or further indebtedness of the Entity to Lender at any time owing, however the same may be evidenced. Such property may be mortgaged, pledged, transferred, endorsed, hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred, or at any other time or times, and may be either in addition to or in lieu of any property theretofore mortgaged, pledged, transferred, endorsed, hypothecated or encumbered. Execute Security Documents. To execute and deliver to Lender the forms of mortgage, deed of trust, pledge agreement, hypothecation agreement, and other security agreements and financing statements which Lender may require and which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of them, are given; and also to execute and deliver to Lender any other written instruments, any chattel paper, or any other collateral, of any kind or nature, which Lender may deem necessary or proper in connection with or pertaining to the giving of the liens and encumbrances. Notwithstanding the foregoing, any one of the above authorized persons may execute, deliver, or record financing statements. Negotiate Items. To draw, endorse, and discount with Lender all drafts, trade acceptances, promissory notes, or other evidences of indebtedness payable to or belonging to the Entity or in which the Entity may have an interest, and either to receive cash for the same or to cause such proceeds to be credited to the Entity's account with Lender, or to cause such other disposition of the proceeds derived therefrom as they may deem advisable. Further Acts. In the case of lines of credit, to designate additional or alternate individuals as being authorized to request advances under such lines, and in all cases, to do and perform such other acts and things, to pay any and all fees and costs, and to execute and deliver such other documents and agreements as the Officials may in their discretion deem reasonably necessary or proper in order to carry into effect the provisions of this Certificate. GOVERNMENTAL CERTIFICATE Loan No: 10-000013-32 (Continued) Page 2 ASSUMED BUSINESS NAMES. The Entity has filed or recorded all documents or filings required by law relating to all assumed business names used by the Entity. Excluding the name of the Entity, the following is a complete list of all assumed business names under which the Entity does business: Assumed Business Name Filing Location Date LODI PUBLIC FINANCING AUTHORITY LODI PUBLIC IMPROVEMENT CORPORATION NOTICES TO LENDER. The Entity will promptly notify Lender in writing at Lender's address shown above (or such other addresses as Lender may designate from time to time) prior to any (A) change in the Entity's name; (B) change in the Entity's assumed business name(s); (C) change in the structure of the Entity; (D) change in the authorized signer(s); (E) change in the Entity's principal office address; (F) change in the Entity's principal residence; or (G) change in any other aspect of the Entity that directly or indirectly relates to any agreements between the Entity and Lender. CERTIFICATION CONCERNING OFFICIALS AND CERTIFICATES. The Officials named above is duly elected, appointed, or employed by or for the Entity, as the case may be, and occupy the positions set opposite their respective names. This Certificate now stands of record on the books of the Entity, is in full force and effect, and has not been modified or revoked in any manner whatsoever. CONTINUING VALIDITY. Any and all acts authorized pursuant to this Certificate and performed prior to the passage of this Certificate are hereby ratified and approved. This Certificate shall be continuing, shall remain in full force and effect and Lender may rely on it until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addresses as Lender may designate from time to time). Any such notice shall not affect any of the Entity's agreements or commitments in effect at the time notice is given. IN TESTIMONY WHEREOF, we have hereunto set our hand and attest that the signatures set opposite the names listed above is their genuine signatures. We each have read all the provisions of this Certificate, and we each personally and on behalf of the Entity certify that all statements and representations made in this Certificate are true and correct. This Governmental Certificate is dated September 2, 2015. CERTIFIED TO AND ATTESTED BY: X X STEPHEN SCHWABAUER, City Manager of CITY OF LODI JORDAN AYERS, Deputy City Manager of CITY OF LODI NOTE: If the Officials signing this Certificate is designated by the foregoing document as one of the officials authorized to act on the Entity's behalf, it is advisable to have this Certificate signed by at least one non -authorized official of the Entity. LsssrP.. Ver 15.30.044 Copr D -H USA Cm .,sll-188],2015 All Rights Reserved -CA P:\WINCFI\CFI\LPL\C22 FC TR -25618 PR3 COMMERCIAL SECURITY AGREEMENT Principal Loan ©ate—`Maturity Loan No Call I Coll Account Officer Initials $468,000.00 09-02-2035 12-01-2020 10-000013-32 a 968 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Anv item above containlno -*- has been omitted due to text lena[h limitations. Entity: CITY OF LODI Lender: Farmers & Merchants Bank of Central California 221 W. PINE STREET LOAN CENTER LODI, CA 95240 116 WEST PINE STREET P. O. BOX 3000 LODI, CA 95241-1902 (800) 888-1498 THIS COMMERCIAL SECURITY AGREEMENT dated September 2, 2015, is made and executed between CITY OF LODI ("Grantor") and Farmers & Merchants Bank of Central California ("Lender"). GRANT OF SECURITY INTEREST. For valuable consideration, Grantor grants to Lender a security Interest in the Collateral to secure the Indebtedness and agrees that Lender shall have the rights stated in this Agreement with respect to the Collateral, in addition to all other rights which Lender may have by law. COLLATERAL DESCRIPTION. The word "Collateral" as used in this Agreement means the following described property, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located, in which Grantor is giving to Lender a security interest for the payment of the Indebtedness and performance of all other obligations under the Note and this Agreement: Purchase Money Security Interest In one Hi-Tech/Spartan Gladiator LFD, 10" Raised Roof, 450HP, 1500 GPM Type I Pumper Fire Engine In addition, the word "Collateral" also includes all the following, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located: (A) All accessions, attachments, accessories, replacements of and additions to any of the collateral described herein, whether added now or later. (B) All products and produce of any of the property described in this Collateral section. (C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in this Collateral section. (D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described in this Collateral section, and sums due from a third party who has damaged or destroyed the Collateral or from that party's insurer, whether due to judgment, settlement or other process. (E) All records and data relating to any of the property described in this Collateral section, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Grantor's right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media. GRANTOR'S REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. With respect to the Collateral, Grantor represents and promises to Lender that: Perfection of Security Interest. Grantor agrees to take whatever actions are requested by Lender to perfect and continue Lender's security interest in the Collateral. Upon request of Lender, Grantor will deliver to Lender any and all of the documents evidencing or constituting the Collateral, and Grantor will note Lender's interest upon any and all chattel paper and instruments if not delivered to Lender for possession by Lender. Notices to Lender. Grantor will promptly notify Lender in writing at Lender's address shown above (or such other addresses as Lender may designate from time to time) prior to any (1) change in Grantor's name; (2) change in Grantor's assumed business name(s); (3) change in the structure of the entity Grantor; (4) change in the authorized signer(s); (5) change in Grantor's principal office address; (6) change in Grantor's principal residence; (7) conversion of Grantor to a new or different type of business entity; or (8) change in any other aspect of Grantor that directly or indirectly relates to any agreements between Grantor and Lender. No change in Grantor's name will take effect until after Lender has received notice. No Violation. The execution and delivery of this Agreement will not violate any law or agreement governing Grantor or to which Grantor is a party. Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, as defined by the Uniform Commercial Code, the Collateral is enforceable in accordance with its terms, is genuine, and fully complies with all applicable laws and regulations concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. There shall be no setoffs or counterclaims against any of the Collateral, and no agreement shall have been made under which any deductions or discounts may be claimed concerning the Collateral except those disclosed to Lender in writing. Location of the Collateral. Except in the ordinary course of Grantor's business, Grantor agrees to keep the Collateral at Grantor's address shown above or at such other locations as are acceptable to Lender. Upon Lender's request, Grantor will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (1) all real property Grantor owns or is purchasing; (2) all real property Grantor is renting or leasing; (3) all storage facilities Grantor owns, rents, leases, or uses; and (4) all other properties where Collateral is or may be located. COMMERCIAL SECURITY AGREEMENT Loan No: 10-000013-32 (Continued) Page 2 Removal of the Collateral. Except in the ordinary course of Grantor's business, Grantor shall not remove the Collateral from its existing location without Lender's prior written consent. Grantor shall, whenever requested, advise Lender of the exact location of the Collateral. Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor's business, or as otherwise provided for in this Agreement, Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of Lender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by Lender, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Grantor shall immediately deliver any such proceeds to Lender. Title. Grantor represents and warrants to Lender that Grantor holds good and marketable title to the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Grantor shall defend Lender's rights in the Collateral against the claims and demands of all other persons. Repairs and Maintenance. Grantor agrees to keep and maintain, and to cause others to keep and maintain, the Collateral in good order, repair and condition at all times while this Agreement remains in effect. Grantor further agrees to pay when due all claims for work done on, or services rendered or material furnished in connection with the Collateral so that no lien or encumbrance may ever attach to or be filed against the Collateral. Inspection of Collateral. Lender and Lender's designated representatives and agents shall have the right at all reasonable times to examine and inspect the Collateral wherever located. Taxes, Assessments and Liens. Grantor will pay when due all taxes, assessments and liens upon the Collateral, its use or operation, upon this Agreement, upon any promissory note or notes evidencing the Indebtedness, or upon any of the other Related Documents. Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender's interest in the Collateral is not jeopardized in Lender's sole opinion. If the Collateral is subjected to a lien which is not discharged within fifteen (15) days, Grantor shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender in an amount adequate to provide for the discharge of the lien plus any interest, costs, attorneys' fees or other charges that could accrue as a result of foreclosure or sale of the Collateral. In any contest Grantor shall defend itself and Lender and shall satisfy any final adverse judgment before enforcement against the Collateral. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Grantor further agrees to furnish Lender with evidence that such taxes, assessments, and governmental and other charges have been paid in full and in a timely manner. Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender's interest in the Collateral is not jeopardized. Compliance with Governmental Requirements. Grantor shall comply promptly with all laws, ordinances, rules and regulations of all governmental authorities, now or hereafter in effect, applicable to the ownership, production, disposition, or use of the Collateral, including all laws or regulations relating to the undue erosion of highly -erodible land or relating to the conversion of wetlands for the production of an agricultural product or commodity. Grantor may contest in good faith any such law, ordinance or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Lender's interest in the Collateral, in Lender's opinion, is not jeopardized. Maintenance of Casualty Insurance. Grantor shall procure and maintain all risks insurance, including without limitation fire, theft and liability coverage together with such other insurance as Lender may require with respect to the Collateral, in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days' prior written notice to Lender and not including any disclaimer of the insurer's liability for failure to give such a notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. In connection with all policies covering assets in which Lender holds or is offered a security interest, Grantor will provide Lender with such loss payable or other endorsements as Lender may require. If Grantor at any time fails to obtain or maintain any insurance as required under this Agreement, Lender may (but shall not be obligated to) obtain such insurance as Lender deems appropriate, including if Lender so chooses "single interest insurance," which will cover only Lender's interest in the Collateral. Application of Insurance Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Collateral, whether or not such casualty or loss is covered by insurance. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. All proceeds of any insurance on the Collateral, including accrued proceeds thereon, shall be held by Lender as part of the Collateral. If Lender consents to repair or replacement of the damaged or destroyed Collateral, Lender shall, upon satisfactory proof of expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration. If Lender does not consent to repair or replacement of the Collateral, Lender shall retain a sufficient amount of the proceeds to pay all of the Indebtedness, and shall pay the balance to Grantor. Any proceeds which have not been disbursed within six (6) months after their receipt and which Grantor has not committed to the repair or restoration of the Collateral shall be used to prepay the Indebtedness. Insurance Reserves. Lender may require Grantor to maintain with Lender reserves for payment of insurance premiums, which reserves shall be created by monthly payments from Grantor of a sum estimated by Lender to be sufficient to produce, at least fifteen (15) days before the premium due date, amounts at least equal to the insurance premiums to be paid. If fifteen (15) days before payment is due, the reserve funds are insufficient, Grantor shall upon demand pay any deficiency to Lender. The reserve funds shall be held by Lender as a general deposit and shall constitute a non-interest-bearing account which Lender may satisfy by payment of the insurance premiums required to be paid by Grantor as they become due. Lender does not hold the reserve funds in trust for Grantor, and Lender is not the agent of Grantor for payment of the insurance premiums required to be paid by Grantor. The responsibility for the payment of premiums shall remain Grantor's sole responsibility. Insurance Reports. Grantor, upon request of Lender, shall furnish to Lender reports on each existing policy of insurance showing such information as Lender may reasonably request including the following: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured; (5) the then current value on the basis of which insurance has been obtained and the manner of determining that value; and (6) the expiration date of the policy. In addition, Grantor shall upon request by Lender (however not more often than annually) have an independent appraiser satisfactory to Lender determine, as applicable, the cash value or replacement cost of the Collateral. COMMERCIAL SECURITY AGREEMENT Loan No: 10-000013-32 (Continued) Page 3 Financing Statements. Grantor authorizes Lender to file a UCC financing statement, or alternatively, a copy of this Agreement to perfect Lender's security interest. At Lender's request, Grantor additionally agrees to sign all other documents that are necessary to perfect, protect, and continue Lender's security interest in the Property. Up to a maximum amount of $1,500.00, Grantor will pay all filing fees, title transfer fees, and other fees and costs involved unless prohibited by law or unless Lender is required by law to pay such fees and costs Grantor irrevocably appoints Lender to execute documents necessary to transfer title if there is a default. Lender may file a copy of this Agreement as a financing statement. GRANTOR'S RIGHT TO POSSESSION. Until default, Grantor may have possession of the tangible personal property and beneficial use of all the Collateral and may use it in any lawful manner not inconsistent with this Agreement or the Related Documents, provided that Grantor's right to possession and beneficial use shall not apply to any Collateral where possession of the Collateral by Lender is required by law to perfect Lender's security interest in such Collateral. If Lender at any time has possession of any Collateral, whether before or after an Event of Default, Lender shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral if Lender takes such action for that purpose as Grantor shall request oras Lender, in Lender's sole discretion, shall deem appropriate under the circumstances, but failure to honor any request by Grantor shall not of itself be deemed to be a failure to exercise reasonable care. Lender shall not be required to take any steps necessary to preserve any rights in the Collateral against prior parties, nor to protect, preserve or maintain any security interest given to secure the Indebtedness. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Grantor fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Agreement or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Collateral and paying all costs for insuring, maintaining and preserving the Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Agreement also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default in Favor of Third Parties. Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or ability to perform Grantor's obligations under this Agreement or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or guarantor, endorser, surety, or accommodation party dies or becomes incompetent or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Cure Provisions. If any default, other than a default in payment, is curable and if Grantor has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Agreement, at any time thereafter, Lender shall have all the rights of a secured party under the California Uniform Commercial Code In addition and without limitation, Lender may exercise any one or more of the following rights and remedies: Accelerate Indebtedness. Lender may declare the entire Indebtedness, including any prepayment penalty which Grantor would be required to pay, immediately due and payable, without notice of any kind to Grantor. Assemble Collateral. Lender may require Grantor to deliver to Lender all or any portion of the Collateral and any and all certificates of title and other documents relating to the Collateral. Lender may require Grantor to assemble the Collateral and make it available to Lender at a place to be COMMERCIAL SECURITY AGREEMENT Loan No: 10-000013-32 (Continued) Page 4 designated by Lender. Lender also shall have full power to enter upon the property of Grantor to take possession of and remove the Collateral. If the Collateral contains other goods not covered by this Agreement at the time of repossession, Grantor agrees Lender may take such other goods, provided that Lender makes reasonable efforts to return them to Grantor after repossession. Sell the Collateral. Lender shall have full power to sell, lease, transfer, or otherwise deal with the Collateral or proceeds thereof in Lender's own name or that of Grantor. Lender may sell the Collateral at public auction or private sale. Unless the Collateral threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender will give Grantor, and other persons as required by law, reasonable notice of the time and place of any public sale, or the time after which any private sale or any other disposition of the Collateral is to be made. However, no notice need be provided to any person who, after Event of Default occurs, enters into and authenticates an agreement waiving that person's right to notification of sale. The requirements of reasonable notice shall be met if such notice is given at least ten (10) days before the time of the sale or disposition. All expenses relating to the disposition of the Collateral, including without limitation the expenses of retaking, holding, insuring, preparing for sale and selling the Collateral, shall become a part of the Indebtedness secured by this Agreement and shall be payable on demand, with interest at the Note rate from date of expenditure until repaid. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Collateral, with the power to protect and preserve the Collateral, to operate the Collateral preceding foreclosure or sale, and to collect the rents from the Collateral and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Collateral exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Collect Revenues, Apply Accounts. Lender, either itself or through a receiver, may collect the payments, rents, income, and revenues from the Collateral. Lender may at any time in Lender's discretion transfer any Collateral into Lender's own name or that of Lender's nominee and receive the payments, rents, income, and revenues therefrom and hold the same as security for the Indebtedness or apply it to payment of the Indebtedness in such order of preference as Lender may determine. Insofar as the Collateral consists of accounts, general intangibles, insurance policies, instruments, chattel paper, choses in action, or similar property, Lender may demand, collect, receipt for, settle, compromise, adjust, sue for, foreclose, or realize on the Collateral as Lender may determine, whether or not Indebtedness or Collateral is then due. For these purposes, Lender may, on behalf of and in the name of Grantor, receive, open and dispose of mail addressed to Grantor; change any address to which mail and payments are to be sent; and endorse notes, checks, drafts, money orders, documents of title, instruments and items pertaining to payment, shipment, or storage of any Collateral. To facilitate collection, Lender may notify account debtors and obligors on any Collateral to make payments directly to Lender. Obtain Deficiency. If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper. Other Rights and Remedies. Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise. Election of Remedies. Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and maybe exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. PARTNERSHIP GRANTOR. If Grantor is a partnership, each of the general partners of Grantor will be jointly and severally liable with Grantor for Grantor's obligations under this Agreement, and Lender may enforce any monetary judgment obtained in an action related to this Agreement directly against the assets of any one or more of Grantor's general partners without proceeding against the assets of Grantor or of any of Grantor's other general partners. ARBITRATION. Each party to this agreement, on behalf of themselves and each of their respective subsidiaries, affiliates, and all of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns, agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Agreement or otherwise, including without limitation contract and tort disputes against any party or any such party, s shareholders, directors, officers, employees, agents, representatives, successors and assigns, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. All parties agree that in the event of an action for judicial foreclosure pursuant to California Code of Civil Procedure Section 726, or any similar provision in any other state, the commencement of such an action will not constitute a waiver of the right to arbitrate and the court shall refer to arbitration as much of such action, including counterclaims, as lawfully may be referred to arbitration. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Agreement shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Any such arbitration shall be conducted at a location determined by the arbitrator in San Joaquin County, California, and administered by the American Arbitration Association (-AAA-) in accordance with the California Arbitration Act (Title 9, California Code of Civil Procedure Section 1280 et. seq.) and the then existing Commercial Rules of the AAA. WAIVER OF JURY TRIAL. To the extent permitted by applicable law, each party to this agreement, on behalf of themselves and each of their respective subsidiaries, affiliates, and all of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns, hereby irrevocably waives, to the fullest extent permitted by applicable law, any right such party may have to a trial by jury in any legal proceeding directly or COMMERCIAL SECURITY AGREEMENT Loan No: 10-000013-32 (Continued) Page 5 indirectly arising out of or relating to this agreement or any other loan document or the transactions contemplated hereby or thereby (whether based on contract, tort or any other theory), whether by claim or counterclaim, and whether against any party or any such party, s shareholders, directors, officers, employees, agents, representatives, successors and assigns. Each party hereto acknowledges that it and the other parties hereto have been induced to enter into this agreement and the other loan documents by, among other things, the mutual waivers and certifications in this section. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions area part of this Agreement: Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Grantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement, and Grantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services. Grantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of California without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the State of California. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of SAN JOAQUIN County, State of California. Preference Payments. Any monies Lender pays because of an asserted preference claim in Grantor's bankruptcy will become a part of the Indebtedness and, at Lender's option, shall be payable by Grantor as provided in this Agreement. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Notices. Any notice required to be given under this Agreement shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. Power of Attorney. Grantor hereby appoints Lender as Grantor's irrevocable attorney-in-fact for the purpose of executing any documents necessary to perfect, amend, or to continue the security interest granted in this Agreement or to demand termination of filings of other secured parties. Lender may at any time, and without further authorization from Grantor, file a carbon, photographic or other reproduction of any financing statement or of this Agreement for use as a financing statement. Grantor will reimburse Lender for all expenses for the perfection and the continuation of the perfection of Lender's security interest in the Collateral. Waiver of Co -Obligor's Rights. If more than one person is obligated for the Indebtedness, Grantor irrevocably waives, disclaims and relinquishes all claims against such other person which Grantor has or would otherwise have by virtue of payment of the Indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Successors and Assigns. Subject to any limitations stated in this Agreement on transfer of Grantor's interest, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Collateral becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Agreement and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Agreement or liability under the Indebtedness. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Agreement shall survive the execution and delivery of this Agreement, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. Time is of the Essence. Time is of the essence in the performance of this Agreement. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code: COMMERCIAL SECURITY AGREEMENT Loan No: 10-000013-32 AContlnued) Page 6 Agreement. The word "Agreement" means this Commercial Security Agreement, as this Commercial Security Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Commercial Security Agreement from time to time. Borrower. The word "Borrower" means CITY OF LODI and includes all co-signers and co -makers signing the Note and all their successors and assigns. Collateral. The word "Collateral" means all of Grantor's right, title and interest in and to all the Collateral as described in the Collateral Description section of this Agreement. Default. The word "Default" means the Default set forth in this Agreement in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., Chapters 6.5 through 7.7 of Division 20 of the California Health and Safety Code, Section 25100, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Agreement in the default section of this Agreement. Grantor. The word "Grantor" means CITY OF LODI. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which Grantor is responsible under this Agreement or under any of the Related Documents. Lender. The word "Lender" means Farmers & Merchants Bank of Central California, its successors and assigns. Note. The word "Note" means all of the obligations of Borrower in favor of Lender or to its order under all existing promissory notes and that certain promissory note dated SEPTEMBER 2, 2015 for the original or maximum principal amount of FOUR HUNDRED SIXTY-EIGHT THOUSAND AND NO/100 DOLLARS ($468,000.00) executed by Borrower and payable to Lender; and any renewals, extensions, modifications, amendments, or supplements thereto, together with further sums as Borrower or any successor in ownership hereafter may borrow from Lender when evidenced by another note or other instruments, reciting it is so secured, payable to Lender or to its order and made by Borrower or any s uccessor-in-ownership, and all renewals, extensions, modifications, amendments, or supplements thereof. Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Collateral Description" section of this Agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. GRANTOR HAS READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT AND AGREES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 2, 2015. GRANTOR: CITY OF LODI By: By: STEPHEN SCHWABAUER, City Manager of CITY OF JORDAN AYERS, Deputy City Manager of CITY OF LODI LODI Ld..R., Ver 153 D W Copr D.H USA Cwpore io 1997, 2015 All Rl9hm R... -CA P:IWINCFRCFl1PLTS FC TR -25818 PR -39(M) PROMISSORY NOTE $ S rl6#iipLa� #S: i 7f X9i $ r _a. �t2"1� €I tf E References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """' has been omitted due to text length limitations Borrower: CITY OF LODI Lender: Farmers & Merchants Bank of Central California 221 W. PINE STREET LOAN CENTER LODI, CA 95240 116 WEST PINE STREET P. O. BOX 3000 LODI, CA 95241-1902 (800) 888-1498 Principal Amount: $468,000.00 Date of Nate: September 2, 2015 PROMISE TO PAY. CITY OF LODI ("Borrower") promises to pay to Farmers & Merchants Bank of Central California ("Lender"), or order, in lawful money of the United States of America, the principal amount of Four Hundred Sixty-eight Thousand & 00/100 Dollars ($468,000.00), together with interest on the unpaid principal balance from September 2, 2015, until paid in full. PAYMENT. Borrower will pay this loan in accordance with the following payment schedule, which calculates interest on the unpaid principal balances as described in the "INTEREST CALCULATION METHOD" paragraph using the interest rates described in this paragraph: one interest payment on December 1, 2015, with interest calculated on the unpaid principal balances using an interest rate of 1.930%; 4 annual consecutive principal and interest payments of $99,171.90 each, beginning December 1, 2016, with interest calculated on the unpaid principal balances using an interest rate of 1.930%; and one principal and interest payment of $99,171.91 on December 1, 2020, with interest calculated on the unpaid principal balances using an interest rate of 1.930%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied to the loan as described in the "HOW YOUR PAYMENTS ARE APPLIED" section. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. INTEREST RATE INCREASE PROVISION. If borrower fails to maintain a tax-exempt status during the loan term, the interest rate will increase to 1.50 times the pre-tax interest rate, resulting in a rate of 2.900%. The amount of any installment payment will then be calculated by Lender based on (i) the increased interest rate of 2.900%; (ii) the amount of the unpaid principal balance as of the date the payment is recalculated; and (iii) the assumption that the total amortization period for this note is five (5) years. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. This calculation method results in a higher effective interest rate than the numeric interest rates stated in this Note. PREPAYMENT; MINIMUM INTEREST CHARGE. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum interest charge of $100.00. Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Farmers & Merchants Bank of Central California, LOAN CENTER, 116 WEST PINE STREET, P. O. BOX 3000, LODI, CA 95241-1902. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $100.00, whichever is less. INTEREST AFTER DEFAULT. Upon default, the interest rate on this Note shall, if permitted under applicable law, immediately increase by adding an additional 4.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this Note would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or PROMISSORY NOTE Loan No: 10-000013-32 (Continued) Page 2 a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Cure Provisions. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of California without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of California. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of SAN JOAQUIN County, State of California. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein: collateral described in a Commercial Security Agreement dated September 2, 2015. LOAN AGREEMENT. This Note is subject to a Business Loan Agreement dated August 5, 2015. LEAP YEAR. In the event of a leap year, the annual interest rate for this Note will be computed on a 366/360 day basis. PARTNERSHIP BORROWER. If Borrower is a partnership, each of the general partners of Borrower will be jointly and severally liable with Borrower for Borrower's obligations under this Agreement and the Related documents, and Lender may enforce any monetary judgment obtained in an action related to any thereof directly against the assets of any one or more of Borrower's general partners without proceeding against the assets of Borrower or any of Borrower's other general partners. PREFERRED RATE REDUCTION. The interest rate on this Note includes a preferred rate reduction. The interest rate is based on all loan payments being automatically debited from a checking account you have with Lender as those payments are due. If (1) your checking account is closed before the loan is paid in full, or (2) there is an insufficient balance in the checking account to cover the automatic debit on the due date of any payment, or (3) you revoke Lender's authority to debit the checking account, the interest rate will be subject to a one time increase of an additional one quarter of one percent (0.25%) for the remainder of the loan. On variable interest rate loans, the increase will be applied to the spread used in calculating the interest rate. Any minimum interest rate on your loan will also increase by this percentage. Lender, at its option, immediately or subsequently may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will payoff by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. ADDITIONAL DEFAULT. The following shall constitute a Default under this Note: Should Borrower, any guarantor, or any grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement in favor of Lender or any other creditor or person that may materially affect any of Borrower's property or Borrower's, any guarantor's, or any grantor's ability to repay the loans or perform their respective obligations under this Note or any of the related documents. COLLECTION COSTS. Upon default, Lender will have the following rights in addition to any other rights provided in this Note or by law. Lender may require Borrower to pay, on demand, any of its internal costs or the costs of third parties which Lender reasonably determines were incurred because of the default. This includes internal costs such as the allocable cost of in-house counsel, staff appraisers, collection personnel, accounting personnel or other salaried employees, and the overtime or regular -time compensation of Lender's hourly employees, that is reasonably incurred as a result of my default. It further includes any fees or costs paid to third parties as a result of or on account of the default, including fees to appraisers, collection agencies, foreclosure services, title services and other reasonably incurred amounts. Amounts due under this paragraph shall be due on demand, or Lender may, at its option, add them to the balance of the Note, in which case they shall bear interest at the Note rate. HOW YOUR PAYMENTS ARE APPLIED. Unless otherwise agreed or required by applicable law, payments will be applied first to any interest due; then to principal; then to all other charges (including but not limited to late charges, attorney fees, appraisal fees, collection costs, and any other costs or expenses) associated with enforcing this Note. PAYMENT UPON DEFAULT. If in default at any time during the loan, the entire balance of the loan, principal and interest, or any portion thereof, may become due and payable upon demand by Lender, including any costs or expenses associated with enforcing this Note. The Lender reserves the right to apply payments in any order to the extent not prohibited by applicable law. ARBITRATION. Each party to this agreement, on behalf of themselves and each of their respective subsidiaries, affiliates, and all of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns, agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Agreement or otherwise, including without limitation contract and tort disputes against any party or any such party's shareholders, directors, officers, employees, agents, representatives, successors and assigns, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided PROMISSORY NOTE Loan No: 10-000013-32 (Continued) Page 3 however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. All parties agree that in the event of an action for judicial foreclosure pursuant to California Code of Civil Procedure Section 726, or any similar provision in any other state, the commencement of such an action will not constitute a waiver of the right to arbitrate and the court shall refer to arbitration as much of such action, including counterclaims, as lawfully may be referred to arbitration. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Agreement shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Any such arbitration shall be conducted at a location determined by the arbitrator in San Joaquin County, California, and administered by the American Arbitration Association ("AAA") in accordance with the California Arbitration Act (Title 9, California Code of Civil Procedure Section 1280 et. seq.) and the then existing Commercial Rules of the AAA. WAIVER OF JURY TRIAL. To the extent permitted by applicable law, each party to this agreement, on behalf of themselves and each of their respective subsidiaries, affiliates, and all of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns, hereby irrevocably waives, to the fullest extent permitted by applicable law, any right such party may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this agreement or any other loan document or the transactions contemplated hereby or thereby (whether based on contract, tort or any other theory), whether by claim or counterclaim, and whether against any party or any such party's shareholders, directors, officers, employees, agents, representatives, successors and assigns. Each party hereto acknowledges that it and the other parties hereto have been induced to enter into this agreement and the other loan documents by, among other things, the mutual waivers and certifications in this section. CONDITIONS OF COLLATERAL. Borrower hereby covenants and agrees to provide the following documents, in form and substance acceptable to Lender, within 30 days of Borrower's receipt of the titled collateral, as further described in the Commercial Security Agreement dated of even date herewith: (a) a copy of the purchase agreement, if purchased from a dealer; (b) a completed copy of the California Department of Motor Vehicles Vehicle/Vessel Transfer and Reassignment Form; (c) the Ownership Certificate for the vehicle; and (d) evidence of insurance for the vehicle purchased listing Lender as Loss Payee. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive any applicable statute of limitations, presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. CITY OF LODI By: By: STEPHEN SCHWABAUER, City Manager of CITY OF JORDAN AYERS, Deputy City Manager of CITY OF LODI LODI Lsse,Pm, Ver 15 3 0 044 Copr D •H USA Corparalion 1997, 2015 All Rights Res—ed -CA P1WINCFNCFILLPOD20 FC TR -25819 PR -39 AGREEMENT TO PROVIDE INSURANCE Principal Loan Date Maturity Loan No Calf 1 Call Account Officer Initials 468,000.00 09-02-2015 12-01-2020 _ 10-000013-32 _....... __4 }_ 968 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Anv item above containina -*— has been omitted due to text length limitations. Entity: CITY OF LODI Lender: Farmers & Merchants Bank of Central California 221 W. PINE STREET LOAN CENTER LODI, CA 95240 116 WEST PINE STREET P. O. BOX 3000 LODI, CA 95241-1902 (800) 888-1498 INSURANCE REQUIREMENTS. Grantor, CITY OF LODI ("Grantor"), understands that insurance coverage is required in connection with the extending of a loan or the providing of other financial accommodations to Grantor by Lender. These requirements are set forth in the security documents for the loan. The following minimum insurance coverages must be provided on the following described collateral (the "Collateral"): Collateral: Purchase Money Security Interest in one Hi-Tech/Spartan Gladiator LFD, 10" Raised Roof, 450HP, 1500 GPM Type I Pumper Fire Engine. Type: All risks, including fire, theft and general liability in the amount of $1,000,000.00 each occurrence. Amount: Full Insurable Value. Basis: Replacement value. Endorsements: 49A -LOSS PAYABLE ENDORSEMENT OR ITS EQUIVALENT; and further stipulating that coverage will not be cancelled or diminished without a minimum of 10 days prior written notice to Lender. Comments: All insurance policies shall be issued by an insurance company with an AM Best's Insurance Guide rating of at least B+ (or equivalent using one of the major companies that provide an independent opinion of an insurer's financial strength), and duly qualified and authorized to do such business in the State of California and approved by Lender. Deductibles: 10% of vehicle value not to exceed $50,000.00 maximum deductible. Latest Delivery Date: Within 15 days of receipt of vehicle. INSURANCE COMPANY. Grantor may obtain insurance from any insurance company Grantor may choose that is reasonably acceptable to Lender. Grantor understands that credit may not be denied solely because insurance was not purchased through Lender. INSURANCE MAILING ADDRESS. All documents and other materials relating to insurance for this loan should be mailed, delivered or directed to the following address: FARMERS & MERCHANTS BANK OF CENTRAL CA 116 W. PINE STREET P.O. BOX 3000 LODI, CA 95241 FAILURE TO PROVIDE INSURANCE. Grantor agrees to deliver to Lender, on the latest delivery date stated above, proof of the required insurance as provided above, with an effective date of September 2, 2015, or earlier. Grantor acknowledges and agrees that if Grantor fails to provide any required insurance or fails to continue such insurance in force, Lender may do so at Grantor's expense as provided in the applicable security document. The cost of any such insurance, at the option of Lender, shall be added to the indebtedness as provided in the security document. GRANTOR ACKNOWLEDGES THAT IF LENDER SO PURCHASES ANY SUCH INSURANCE, THE INSURANCE WILL PROVIDE LIMITED PROTECTION AGAINST PHYSICAL DAMAGE TO THE COLLATERAL, UP TO AN AMOUNT EQUAL TO THE LESSER OF (1) THE UNPAID BALANCE OF THE DEBT, EXCLUDING ANY UNEARNED FINANCE CHARGES, OR (2) THE VALUE OF THE COLLATERAL; HOWEVER, GRANTOR'S EQUITY IN THE COLLATERAL MAY NOT BE INSURED. IN ADDITION, THE INSURANCE MAY NOT PROVIDE ANY PUBLIC LIABILITY OR PROPERTY DAMAGE INDEMNIFICATION AND MAY NOT MEET THE REQUIREMENTS OF ANY FINANCIAL RESPONSIBILITY LAWS. AUTHORIZATION. For purposes of insurance coverage on the Collateral, Grantor authorizes Lender to provide to any person (including any insurance agent or company) all information Lender deems appropriate, whether regarding the Collateral, the loan or other financial accommodations, or both. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS AGREEMENT TO PROVIDE INSURANCE AND AGREES TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 2, 2015. GRANTOR: CITY OF LODI By: By: STEPHEN SCHWABAUER, City Manager of CITY OF JORDAN AYERS, Deputy City Manager of CITY OF LODI LODI FOR LENDER USE ONLY INSURANCE VERIFICATION DATE: PHONE AGENT'S NAME: AGENCY: _ ADDRESS: INSURANCE COMPANY: POLICY NUMBER: EFFECTIVE DATES: COMMENTS: WwPre, Ver 1530099 Copr C-R USA G,p,fAlon 1991,2015 All Rights RmmW -CA P:IWINCF11CF11LPLV10FC TR -25618 PR -39(M) NOTICE OF INSURANCE REQUIREMENTS Principal Loan DateMaturity Loan No Call / Coll Account Officer I InI#Iafs $468,000,00 09-02-2015F12-01-2020 10-000013-32 4 968 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing -*- has been omitted due to text length limitations. Entity: CITY OF LODI Lender: Farmers & Merchants Bank of Central California 221 W. PINE STREET LOAN CENTER LODI, CA 95240 116 WEST PINE STREET P. O. BOX 3000 LODI, CA 95241-1902 (800) 688-1498 DATE: September 2, 2015 TO: ATTN: Insurance Agent RE: Policy Number(s): Insurance Companies/Company: Dear Insurance Agent: Grantor, CITY OF LODI ("Grantor") is obtaining a loan from Farmers & Merchants Bank of Central California. Please send appropriate evidence of insurance to Farmers & Merchants Bank of Central California, together with the requested endorsements, on the following property, which Grantor is giving as security for the loan. Collateral: Purchase Money Security Interest in one HI-Tech/Spartan Gladiator LFD, 10" Raised Roof, 450HP, 1500 GPM Type I Pumper Fire Engine. Type: All risks, including fire, theft and general liability in the amount of $1,000,000.00 each occurrence. Amount: Full Insurable Value. Basis: Replacement value. Endorsements: 49A -LOSS PAYABLE ENDORSEMENT OR ITS EQUIVALENT; and further stipulating that coverage will not be cancelled or diminished without a minimum of 10 days prior written notice to Lender. Comments: All insurance policies shall be issued by an insurance company with an AM Best's Insurance Guide rating of at least B+ (or equivalent using one of the major companies that provide an independent opinion of an insurer's financial strength), and duly qualified and authorized to do such business in the State of California and approved by Lender. Deductibles: 10% of vehicle value not to exceed $50,000.00 maximum deductible. Latest Delivery Date: Within 15 days of receipt of vehicle. GRANTOR: CITY OF LODI By: By: STEPHEN SCHWABAUER, City Manager of CITY OF JORDAN AYERS, Deputy City Manager of CITY OF LODI LODI RETURN TO: FARMERS & MERCHANTS BANK OF CENTRAL CA 116 W. PINE STREET P.O. BOX 3000 LODI, CA 95241 L—P., Ver 15 3 0.044 Copr 0*H USA Corp—ftn 1997, 2015 All Right. R --d - CA P:W lNCFI\CFI\IPLV11 FC TR -25515 PR -39 LOAN REQUEST SUMMARY :;;:' :...:.: ...................................................... : i..i;f:; .... :... �...::i' .II:i :::::::: .::. C- t0 1 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """" has been omitted due to text length limitations. Borrower: CITY OF LODI Lender: Farmers & Merchants Bank of Central California 221 W. PINE STREET LOAN CENTER LODI, CA 95240 116 WEST PINE STREET P. 0. BOX 3000 LODI, CA 95241-1902 (800) 888-1498 IRREGULAR PAY LOAN (Fixed Rate) NOTE AMOUNT: $468,000.00 PAYMENT CALCULATION: Interest Method: Financed AMOUNT REQUESTED: $466,530.00 PREPAID FINANCE CHARGES: 12.01-2015 Loan Fees 1,170.00 Loan Processing Fee 300.00 SECURITY INTEREST CHARGES: 0.00 NOTE AMOUNT: $468,000.00 PAYMENT CALCULATION: Interest Method: 365/360 Disbursement Date: 09.02-2015 First Payment Date: 12.01-2015 Due Date: 12-01-2020 Credit Insurance: None In Cash $0.00 Payment Schedule. Borrower's payment schedule consists of the following: one payment on December 1, 2015, with interest calculated on the unpaid principal balances at an interest rate of 1.930% based on a year of 360 days; 4 annual consecutive payments of $99,171.90 each, beginning December 1, 2016, with interest calculated on the unpaid principal balances at an interest rate of 1.930% based on a year of 360 days; and one payment of $99,171.91 on December 1, 2020, with interest calculated on the unpaid principal balances at an interest rate of 1.930% based on a year of 360 days. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under the Note. APR FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS 2.059% $31,587.61 $466,530.00 $498,117.61 COLLATERAL: UCC - Financing Statement Collateral. TRANSACTION NUMBER: 25618 NOTICE: This Loan Request Summary is for informational purposes only and does not obligate Lender in any way to make this loan or any other loan to Borrower. The fees and charges listed above are estimates only; and, if a loan is made, different or additional fees and charges may be imposed. 15 3 0 044 Copr 0+11 USA Carp ... tion 1997, 2015 All Rights Reserved - CA PIWINCFRCFILLPLV 10 FC TR -25515 PR -39 DISBURSEMENT REQUEST AND AUTHORIZATION References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item Any item above containing "'—" has been omitted due to text length limitations. Borrower: CITY OF LODI Lender: Farmers 8 Merchants Bank of Central California 221 W. PINE STREET LOAN CENTER LODI, CA 95240 116 WEST PINE STREET P. O. BOX 3000 LODI, CA 95241-1902 (800) 888-1498 LOAN TYPE. This is a Fixed Rate (1.930% initial rate) Nondisclosable Loan to a Government Entity for $468,000.00 due on December 1, 2020. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: ❑ Personal, Family, or Household Purposes or Personal Investment. ® Business (Including Real Estate Investment). SPECIFIC PURPOSE. The specific purpose of this loan is: PURCHASE A HI-TECWSPARTAN GLADIATOR FIRE ENGINE. DISBURSEMENT INSTRUCTIONS. Borrower understands that no loan proceeds will be disbursed until all of Lender's conditions for making the loan have been satisfied. Please disburse the loan proceeds of $468,000.00 as follows: Amount paid to Borrower directly: $466,530.00 $466,530.00 Deposited to Checking Account # Total Financed Prepaid Finance Charges: $1,470.00 $1,170.00 Loan Fees $300.00 Loan Processing Fee Note Principal: $468,000.00 AUTOMATIC PAYMENTS. Borrower hereby authorizes Lender automatically to deduct from Borrower's Checking account, numbered , the amount of any loan payment. If the funds in the account are insufficient to cover any payment, Lender shall not be obligates io advance funds to cover the payment. At any time and for any reason, Borrower or Lender may voluntarily terminate Automatic Payments. AUTOMATIC PAYMENT TRANSFERS. If you are set up for automatic payments from a deposit account and your due date falls on a Saturday, Sunday, or holiday, the payment will be transferred from your deposit account on the prior business day. Due to variations in the last payment amount, the last payment will not be made via automatic transfer. Borrower will need to make the final payment, due at maturity, manually. SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER. By signing below I hereby certify that the Social Security Number or Taxpayer Identification Number as provided by me is true and correct. ADDITIONAL CHARGES. In addition to all other charges, Borrower agrees to pay all related fees associated with any titled collateral securing this loan, including but not limited to Registration Fees, Sales Tax, and Vehicle Transfer Fees FINANCIAL CONDITION. BY SIGNING THIS AUTHORIZATION, BORROWER REPRESENTS AND WARRANTS TO LENDER THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN BORROWER'S FINANCIAL CONDITION AS DISCLOSED IN BORROWER'S MOST RECENT FINANCIAL STATEMENT TO LENDER. THIS AUTHORIZATION IS DATED SEPTEMBER 2, 2015. BORROWER: CITY OF LODI By: By: STEPHEN SCH ABAUER, City Manager of CITY OF JORDAN AYERS, Deputy City Manager of CITY OF LODI LODI LaserPro, Ver 15.3.0044 Copr D + H USA Corporals- 199], 2015 All Righls Reserved - CA PAWlNCF11CFI PLV20 FC TR -25015 PR -39 AMORTIZATION SCHEDULE Vat $ 468.1L3C1D.i3d..... Loan Date ��A� . �a� �. NwWty .I. i � � # �vza oan. ' 1.E�...�?43C3t3 t.3 �.�.... �a1F 1 Cott Ac�ouirtt �: „c ....... . References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "' "" has been omitted due to text length limitations. LOAN CENTER Borrower: CITY OF LODI Lender: Farmers & Merchants Bank of Central California 221 W. PINE STREET LOAN CENTER LODI, CA 95240 116 WEST PINE STREET P. 0. BOX 3000 LODI, CA 95241-1902 (8001888-1498 Disbursement Date: September 2, 2015 Repayment Schedule: Irregular Interest Rate: 1.930 Calculation Method: 365/360 Actuarial Payment Payment Payment Interest Principal Remaining Number Date Amount Paid Paid Balance 1 12-01-2015 2,258.10 2,258.10 0.00 468,000.00 2015 TOTALS: 2,258.10 2,258.10 0.00 2 12-01-2016 99,171.90 9,182.94 89,988.96 378,011.04 2016 TOTALS: 99,171.90 9,182.94 89,988.96 3 12-01-2017 99,171.90 7,396.94 91,774.96 286, 236.08 2017 TOTALS: 99,171.90 7,396.94 91,774.96 4 12-01-2018 99,171.90 5,601.08 93,570,82 192,665.26 2018 TOTALS: 99,171.90 5,601.08 93,570.82 5 12-01-2019 99,171.90 3,770.08 95,401.82 97,263.44 2019 TOTALS: 99,171.90 3,770.08 95,401.82 6 12-01-2020 99,171.91 1,908.47 97,263.44 0.00 2020 TOTALS: 99,171.91 1,908.47 97,263.44 TOTALS: 498,117.61 30,117.61 468,000.00 NOTICE: This is an estimated loan amortization schedule. Actual amounts may vary if payments are made on different dates or in different amounts. L.MftR Vs 15 3 0044 Com, 0,K USA Cm o,W*, 1997 2015, A9 Nghu Ale—d CA T11 25919 PS 39 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. -Budget Division 3. FROM- .Jordan Ayers, Deputy Cit y Manager 15. DATE. 912/15 4. DEPARTMENT/DIVISION 5. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # ORG # OBJ # ACCOUNT TITLE AMOUNT 33205 Fund Balance $ 32,000.00 .A. 406 SOURCE OF FINANCING B. 406 40699100 77040 Vehicles $ 32,000.00 USE OF FINANCING 7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. To fund additional costs of two fire engines. Total cost of two engines is $931,330. Initial appropriation was $900,000. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: 9/2/15 Res No: Attach copy of resolution to this form. Department Head Signature: iB. APPROVAL SIGNATURES Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format RESOLUTION NO. 2015-149 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO PURCHASE TWO NEW HI-TECH/SPARTAN GLADIATOR FIRE ENGINES; APPROVING DEBT FINANCING WITH FARMERS AND MERCHANTS BANK; AUTHORIZING THE CITY MANAGER AND DEPUTY CITY MANAGER TO EXECUTE ALL NECESSARY FINANCING DOCUMENTS; AND FURTHER APPROPRIATING FUNDS WHEREAS, the Fire Department currently has six Type -1 Urban Structure Fire Engines and two Aerial Fire Trucks utilized at four fire stations, of which five engines are used as front line vehicles and one engine is used as a reserve; and WHEREAS, pursuant to Lodi Municipal Code Section 3.20.045, State and Local Agency Contracts, the bidding process may be waived when it is advantageous for the City, with appropriate approval by the City Manager and City Council, to use contracts that have been awarded by other California public agencies, provided that their award was in compliance with their formally -adopted bidding or negotiation procedures; and WHEREAS, staff recommends purchasing two engines from Hi -Tech Emergency Vehicle Services, Inc., of Oakdale, utilizing the San Jose Fire Department Type -1 Tag - On Proposal (San Jose RFB 12-13-44) (Attachment A on file in the City Clerk's Office); and WHEREAS, staff further recommends purchasing one engine outright and purchasing the second engine utilizing a lease financing mechanism; and WHEREAS, to proceed with the outright purchase/lease financing recommendation, an additional $32,000 appropriation is necessary to fully fund the purchase cost of both engines; and WHEREAS, in order to pursue lower-cost financing and to ensure compliance with the City's Debt Management Policy, an RFP for debt financing of one engine was issued on July 29, 2015, with a response deadline of August 5, 2015. Nine responses were received. A review of the proposals in accordance with the City's Debt Management Policy resulted in the selection and recommendation of a five-year debt financing with Farmers and Merchants Bank, at an interest rate of 1.93 percent. Total interest cost over the life of the loan is $30,820; and WHEREAS, the proposed term minimizes total interest costs while providing a reasonable period to repay the debt without an adverse impact on City cash reserves. The estimated annual payment of approximately $99,172 will be paid from Fire Department appropriations; and WHEREAS, the purchase price for each engine is $465,664.68, with a total purchase price of $931,329.36 (Attachment B); and WHEREAS, purchasing new engines will result in lower maintenance costs as compared to the maintenance costs for the existing engines. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize: 1. The City Manager to purchase two new Hi-Tech/Spartan Gladiator Fire Engines from H -Tech Emergency Vehicle Service, Inc., of Oakdale, California, utilizing the San Jose Fire Department Type -1 Tag -On Proposal (San Jose RFB 12-13-44); and 2. The outright purchase of one engine in the amount of $465,664.68 and Debt Financing with Farmers and Merchants Bank in the amount of $468,000 for the purchase of the second engine; and 3. The City Manager and Deputy City Manager to execute all necessary financing documents; and 4. That additional funds in the amount of $32,000 be appropriated from the Vehicle Replacement fund (40699100.77040) for this purchase. Dated: September 2, 2015 I hereby certify that Resolution No. 2015-149 was passed and adopted by the Lodi City Council in a regular meeting held September 2, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None kA&��\ J NIFER . FERRAIOLO City Clerk 2015-149 WC-wVERGE.VCrVEMCMffl8ERVICWJ C. ZIP 444 N GREGER ST OAKDALE CA 95361 (209) 8474042 F:iX (209) x'147-`1110 www.hitechovs.com www.saartanerv.com www.ovi-fl.com San Jose F.D. Type -1 Tae -On Proposal San Jose RFB 12-1344 For Lodi Fire Department Lodi, California July15, 2015 TWO HI-TECH/SPARTAN GLADIATOR LFD, 10" RAISED ROOF, 450HP,1500 GPM TYPE I PUMPER 1. Apparatus Cost, Per Lodi Fire Department Specifications ................... $862,342.00 2. Sales Tax @ 8.0%....................................................................................... $ +68,987.36 3. Grand Total................................................................................................ $ 931,329.36 * Plus any additional Federal, State, or Local fee, tax, or mandated safety and emission equipment applicable at time of delivery. Delivery = Approximately 365 Days After Receipt Of Order Documentation Brian Ruthman Date kccep"edBy — tWe Da(e '3abjec� C�a�r����?lh