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Municipal Maintenance Equipment, Inc. - Vactor TruckAGREEMENT FOR MANUFACTURING AND DELIVERING ONE VACTOR TRUCK (Municipal Maintenance Equipment) This AGREEMENT is made and entered into as of the ' (P of W4 5 2012, by and between the COSTA MESA SANITARY DISTRICT, an indepen ent special district, ( "DISTRICT ") and Municipal Maintenance Equipment, Inc., a California corporation ( "CONTRACTOR "). RECITALS A. DISTRICT has one vactor truck that is at the end of its useful life and is in need of replacement.. B. DISTRICT desires to purchase and procure a new vactor truck in order to perform required sewer maintenance services. C. CONTRACTOR has submitted a proposal to DISTRICT to manufacture and deliver a new vactor truck. D. CONTRACTOR's proposal is considered "best value," and the DISTRICT desires to enter into an agreement with CONTRACTOR for procuring and manufacturing one vactor truck. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, DISTRICT and CONTRACTOR agree as follows: 1. SCOPE OF WORK . DISTRICT retains CONTRACTOR to perform, and CONTRACTOR agrees to render, those services (the "SERVICES ") that are defined in attached Exhibit "A ", which is incorporated by this reference in accordance with this AGREEMENT's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the SERVICES, CONTRACTOR will exercise the reasonable professional care and skill customarily exercised by reputable members of CONTRACTOR'S profession for manufacturing sewer vactor trucks and will use reasonable diligence and .best judgment while exercising its professional skill and expertise. 3. TERM The term of this AGREEMENT will be effective for a period of 60 days from the date first above written. The contract may be extended by the General Manager on one - month extensions. Any extension of this AGREEMENT must be made in writing. Page 1 of 18 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this AGREEMENT. 5. COMPENSATION The total fee payable for the Products and SERVICES to be performed during the initial AGREEMENT term will be Three Hundred Thirty-Three Thousand One Hundred Sixty-Four Dollars and Eighty-Eight Cents ($333,164.88). 6. STATUS OF CONTRACTOR CONTRACTOR will perform the SERVICES in CONTRACTOR's own way as an independent contractor and in pursuit of CONTRACTOR's independent calling and not as an employee of DISTRICT. CONTRACTOR will be under control of DISTRICT only as to the result to be accomplished but will consult with DISTRICT as necessary. The persons used by CONTRACTOR to provide services under this AGREEMENT will not be considered employees of DISTRICT for any purposes. The payment made to CONTRACTOR pursuant to this AGREEMENT will be the full and complete compensation to which CONTRACTOR is entitled. DISTRICT will not make any federal or state tax withholdings on behalf of CONTRACTOR or its agents, employees or subcontractors. DISTRICT will not be required to.pay any workers' compensation insurance or unemployment contributions on behalf of CONTRACTOR or its employees or subcontractors. CONTRACTOR agrees to indemnify DISTRICT within thirty (30) days for any tax, retirement contribution, , social security, overtime payment, unemployment payment, or workers' compensation payment which DISTRICT may be required to make on behalf of CONTRACTOR or any agent, employee, or subcontractor of CONTRACTOR for work done under this AGREEMENT. At the DISTRICT's election, DISTRICT may deduct the indemnification amount from any balance owing to CONTRACTOR. 7. SUBCONTRACTING ,CONTRACTOR will not subcontract any portion of the SERVICES without prior written approval of DISTRICT. If CONTRACTOR subcontracts any of the SERVICES, CONTRACTOR will be fully responsible to DISTRICT for the acts and omissions of CONTRACTOR's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as CONTRACTOR is for the acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in this AGREEMENT will create any contractual relationship between any subcontractor of CONTRACTOR and DISTRICT. CONTRACTOR will be responsible for payment of subcontractors. CONTRACTOR will bind every subcontractor and every subcontractor of a subcontractor by the terms of this AGREEMENT applicable to CONTRACTOR's work unless specifically noted to the contrary in the subcontract and approved. in writing by DISTRICT. . 8. OTHER CONTRACTORS The DISTRICT reserves the right to employ other CONTRACTORs in connection with the SERVICES. Page 2 of 18 9. SHIPPING, TAXES, TESTING, AND WARRANTY The price specified herein includes. all taxes and shipping charges. The vehicle shall be delivered to DISTRICT's yard at 174 W. Wilson Street, Costa Mesa, California. It shall be subject to a two -day testing and training period in which CONTRACTOR's representatives shall train operators on its features and during which DISTRICT will test the condition of the vehicle and whether it meets all specifications. Upon completion of those two days of testing and training, DISTRICT will accept the vehicle if it meets the specifications and is otherwise working properly. At that time title shall pass, and the risk. of loss will not pass until then. CONTRACTOR shall . provide DISTRICT with the following warranties, which shall be memorialized in a separate written instrument provided before title passes. • All equipment manufactured by CONTRACTOR shall be free from defects in material and workmanship for a period of twelve (12) months from the date of delivery to the DISTRICT. • The debris. tank shall be free from defects in material and workmanship for a period of five (5) years from the date the unit is first placed into service. • The fresh water tanks shall be free from defects in material and workmanship for a period of ten (10) years from the date the unit is first placed into service. 10. INDEMNIFICATION CONTRACTOR agrees to indemnify and hold harmless the DISTRICT and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney's fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any. of them may be liable. The parties expressly agree that any payment, attorney's fee, costs, or expense DISTRICT incurs or makes to or on behalf of an injured employee under the DISTRICT's self - administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE CONTRACTOR will obtain and maintain for the duration of this AGREEMENT, and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the SERVICES by CONTRACTOR or CONTRACTOR's agents, representatives, employees, or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A -:V 11.1. Coverages and Limits. CONTRACTOR will maintain the types of coverages and minimum limits indicated below, unless the District Counsel or General Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on CONTRACTOR's indemnification obligations under this AGREEMENT. DISTRICT, its Page 3 of 18 officers, agents, and employees make no representation that the limits of the insurance specified to be carried by CONTRACTOR pursuant to this AGREEMENT are adequate to protect CONTRACTOR. If CONTRACTOR believes that any required insurance coverage is inadequate, CONTRACTOR will obtain such additional insurance coverage, as CONTRACTOR deems adequate, at CONTRACTOR's sole expense. 11.1.1 Commercial General Liability Insurance. One Million Dollars ($1,000,000) combined single -limit per occurrence for bodily injury, personal injury, and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this AGREEMENT or. the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability (if the use of an automobile is involved for CONTRACTOR'S work for DISTRICT). One Million Dollars ($1,000,000) combined single - limit per accident for bodily injury and property damage. 11.1.3 Workers'. Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of One Million Dollars ($1,000,000) per,accident for bodily injury. Workers' Compensation. and Employer's Liability insurance will not be required if CONTRACTOR has no. employees and provides, to DISTRICT's satisfaction, a declaration stating this. 11.2. Additional Provisions. CONTRACTOR will ensure that the policies of insurance required under this AGREEMENT contain, or are endorsed to contain, the following provisions: 11.2.1 The DISTRICT will be named as an additional insured on General Liability. 11.2.2 CONTRACTOR will obtain occurrence coverage, excluding Professional Liability, which will be written as claims -made coverage. 11.2.3 This insurance will be in force during the life of this AGREEMENT and any extensions of it and will not be canceled without thirty (30) days prior written notice to DISTRICT sent by certified mail pursuant to the Notice provisions of this AGREEMENT. 11.3 Providing Certificates of Insurance and Endorsements. Prior to DISTRICT's execution of this AGREEMENT, CONTRACTOR will furnish certificates of insurance and endorsements to DISTRICT. 11.4 Failure to Maintain Coverage. If CONTRACTOR fails to maintain any of these insurance coverages, then DISTRICT will have the option to declare CONTRACTOR in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. CONTRACTOR is responsible for any Page 4 of 18 payments made by DISTRICT to obtain or maintain insurance, and DISTRICT may collect these payments from CONTRACTOR or deduct the amount paid from any sums due CONTRACTOR under this AGREEMENT. 11.5 Submission of Insurance Policies. DISTRICT reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE CONTRACTOR will obtain and maintain a City of Costa Mesa Business License for the term of this AGREEMENT, as may be amended from time -to -time. 13. ACCOUNTING RECORDS CONTRACTOR will maintain complete and accurate records with respect to costs incurred under this AGREEMENT..All records will be clearly identifiable. CONTRACTOR will allow a representative of DISTRICT during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this AGREEMENT. CONTRACTOR will allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT for a period of three (3) years from the date of final payment under this AGREEMENT. 14. OWNERSHIP OF DOCUMENTS All work product produced by CONTRACTOR or . its agents, employees, and subcontractor pursuant to this AGREEMENT is the property of DISTRICT. In the event this AGREEMENT is terminated, all work product produced by CONTRACTOR or its agents, employees, and subcontractors pursuant to this AGREEMENT will be delivered at once to DISTRICT. CONTRACTOR will have the right to make one (1) copy of the work product for CONTRACTOR's records. 15. COPYRIGHTS CONTRACTOR agrees that all copyrights that arise from the SERVICES will be vested in DISTRICT, and CONTRACTOR relinquishes all claims to the copyrights in favor of DISTRICT. 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of DISTRICT and on behalf of CONTRACTOR under this AGREEMENT: For DISTRICT: Name: Scott Carroll Title: General Manager Address: 628 West 19th Street Costa Mesa, California 92627 For CONTRACTOR: Name: Frank Wheeler, III Title: Vice President Address: 2360 Harvard Street Sacramento, California 95815 Page 5 of 18 Phone No.: (949) 645 -8400 Phone No.: (916) 922 -1101 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST DISTRICT will evaluate CONTRACTOR's duties pursuant to this AGREEMENT to determine whether disclosure under the Political Reform Act and DISTRICT's Conflict of Interest Code is required of CONTRACTOR or any, of CONTRACTOR's employees, agents, or subcontractor. Should it be determined that disclosure is required, CONTRACTOR or CONTRACTOR's affected employees, agents, or subcontractors will complete and file with the District Clerk those schedules specified by DISTRICT and contained in the Statement of Economic Interests Form 700. CONTRACTOR, for CONTRACTOR and on behalf of CONTRACTOR's agents, employees, subcontractors and consultants, warrants that by execution of this AGREEMENT that they have no interest, present or contemplated, in the projects affected by this AGREEMENT. CONTRACTOR further warrants that neither CONTRACTOR, nor CONTRACTOR's agents, employees, subcontractors, and consultants, have any ancillary real property, business interests, or income that will be affected by this AGREEMENT or, alternatively; that CONTRACTOR will file with the DISTRICT an affidavit disclosing this interest. 18. GENERAL COMPLIANCE WITH LAWS CONTRACTOR will keep fully informed of federal, state, and local laws and ordinances and regulations which in any manner affect those employed by CONTRACTOR, or in any way affect the performance of the SERVICES by CONTRACTOR. CONTRACTOR will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of CONTRACTOR's services with all applicable laws, ordinances, and regulations. CONTRACTOR will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants. 19. DISCRIMINATION AND HARASSMENT PROHIBITED CONTRACTOR will comply with all applicable local, state, and federal laws and regulations prohibiting discrimination and harassment.. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the SERVICES, the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of CONTRACTOR or DISTRICT will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to-both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along Page 6 of 18 with a recommended method of resolution within ten (10) business days. If the resolution /thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the General Manager. The General Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the General Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the CONTRACTOR's failure to prosecute, deliver, or perform the SERVICES, DISTRICT may terminate this AGREEMENT for nonperformance by notifying CONTRACTOR by certified mail of the termination. If DISTRICT decides to abandon or indefinitely postpone the work or services contemplated by this AGREEMENT, DISTRICT may terminate this AGREEMENT upon written notice to CONTRACTOR. Upon notification of termination, CONTRACTOR has five (5) business days to deliver any documents owned by DISTRICT and all work in progress to DISTRICT's address contained in this AGREEMENT. DISTRICT will make a determination of fact based upon the work product delivered to DISTRICT and of the percentage of work that CONTRACTOR has performed which is usable and of worth to DISTRICT in having this AGREEMENT completed. Based upon that finding DISTRICT will determine the final payment of this AGREEMENT. Either party upon tendering thirty (30) days written notice to the other party may terminate this AGREEMENT. In this event and upon request of DISTRICT, CONTRACTOR will assemble the work product and put it in order for proper filing and closing and deliver it to DISTRICT. CONTRACTOR will be paid for work performed to the termination date; however,. the total will not exceed the lump sum fee payable under this AGREEMENT. DISTRICT will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES CONTRACTOR warrants that CONTRACTOR has not employed or retained any company or person, other than a bona fide employee working for CONTRACTOR, to solicit or secure this AGREEMENT, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this warranty, DISTRICT will have the right to annul this AGREEMENT without liability, or, in its discretion, to deduct from the AGREEMENT price or consideration,. or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this AGREEMENT, CONTRACTOR agrees that any AGREEMENT claim . submitted to DISTRICT must be asserted as part of the AGREEMENT process as set forth in this AGREEMENT and not in anticipation of litigation or in conjunction with litigation. CONTRACTOR acknowledges that -if a false claim is submitted to DISTRICT, it may be considered fraud, and CONTRACTOR may be subject to criminal prosecution. CONTRACTOR Page 7 of 18 acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this AGREEMENT and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If DISTRICT seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover.its litigation costs, including attorney's fees. CONTRACTOR acknowledges that the filing of a false claim may subject CONTRACTOR to an administrative debarment proceeding as the result of which CONTRACTOR may be prevented to act as a CONTRACTOR on any public work or improvement for a period of up to five (5) years. CONTRACTOR acknowledges debarment by another jurisdiction is grounds for DISTRICT to terminate this AGREEMENT. 24. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this AGREEMENT will be tried in a court of competent jurisdiction in the County of Orange, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this AGREEMENT will be binding upon DISTRICT and CONTRACTOR and their respective successors. Neither this AGREEMENT or any part of it nor any monies due or to become due under it may be assigned by CONTRACTOR without the prior consent of DISTRICT, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This AGREEMENT, together with any other written document referred to or contemplated by it, along with the purchase order for this AGREEMENT and its provisions, embody the entire AGREEMENT and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of this AGREEMENT supersede the purchase order. Neither this AGREEMENT nor .any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 27. AUTHORITY The individuals executing this AGREEMENT and the instruments referenced in it on behalf of CONTRACTOR each represent and warrant that they have the legal power, right, and actual authority to bind CONTRACTOR to the terms and conditions of this AGREEMENT. Page 8 of 18 MUNICIPAL MAINTENANCE COSTA MESA SANITARY DISTRICT, an EQUIPM T, INC. independent special district *13y: By: U(sign here) President Frank Wheeler III, Vice President (print name /title) Nancy Steffan Corporate Secretary (print name /title) ATTEST: By: Secretary o he Board If required by DISTRICT, proper notarial acknowledgment of execution by CONTRACTOR must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two.groups. *Group A. Chairman, President, or Vice - President * *Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary. or assistant. secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: District Cou s I By: Page 0 of 18 EXHIBIT A MANNER OF PERFORMING SERVICES GENERAL. SPECIFICATIONS A. GENERAL SPECIFICATIONS COMPLY: 1. The machine should be capable of removing stones, grit, grease, sludge and other debris from sanitary sewer and -or drain lines by the flushing action of high pressure water. Yes X No 2. The machine should include an air conveying vacuum system to provide for the simultaneous removal of the debris flushed to the manhole by the high pressure water system or for the removal of debris from sewers, sumps, catch basins, digesters, wet wells, bar screens, etc. Yes X No 3. The machine should be capable of being operated by one person with all operating controls for high pressure water pump, hose reel and vacuum located at the front of the machine for safety. This is an essential safety feature. Yes X No B. DEBRIS BODY COMPLY: 1. Debris body should have a minimum capacity of 12 cubic yards. Yes X No, 2. The body should be round for maximum strength and be constructed of 3/16" Exten or Corten steel for corrosion and abrasion resistance. Bidder should submit a letter specifying the type of steel used for construction. Yes X No 3. The rear door should be hydraulic powered open/close. The door should be capable of opening by hydraulic power with the debris body in the down position and capable of controlling load while dumping. Rear door should have a minimum 6" diameter liquid drain and valve for removing excess liquids. Drain should have 10' of lay flat hose. Yes X No. 4. A splash shield should encompass the lower 180 degrees of the debris body opening to aid in draining off excess liquids. A rear door safety prop should be provided. Yes X No Page 10 of 18 5. The debris body should have at least four (4) door locks that lock hydraulically. Locks should consist of four dead -bolt or actuating latches. Each lock should be fully adjustable. Door lock design should be used to prevent the door from opening unintentionally due to hydraulic valve or cylinder pressure loss. Door locks should be fail -safe without the use of manual clamps of any kind. If a cam eccentric design lock is supplied, a single manual T -bolt for operator safety will be acceptable. Door lock system should be fully hydraulic and fully operable from the controls yes X No located behind the cab. 6. The debris body should be dumped by raising to a minimum 50 degree angle for ease of dumping and should be equipped with a forward mounted, power up and down hydraulic dump cylinder or a power up and down underbody scissor body hoist to assure stability during the dumping cycle and to prevent the rear door from hitting the ground during dumping. Yes X No 7. The debris body should be fixture on an independent sub -frame separate from the chassis frame that includes as part of its component a boom pedestal and .welded J -straps or approved mounting brackets for water tank supports. It should provide, for a 3 point mounting system of the debris Yes X No body. 8. Dump controls should be located mid -ship on the curb side of the unit adjacent to the door lock controls. Controls should be located well forward Yes X No of the dumping area for operator safety. Detent position for travel. 9. An internal float device with external indicator should be supplied to Yes X No show when body is loaded to capacity. 10. Dual porting should be used for debris body air exhaust to reduce exhaust airspeed so incoming debris can successfully drop out of air stream. Exhaust ports should be a minimum of 10" in diameter and round Yes X No to further reduce turbulence. Yes X No 11. Debris tank painted all white. COMPLY: C. AUTOMATIC VACUUM BREAKER 1. An automatic vacuum breaker assembly should be located inside the Yes X No debris body. 2. An automatic vacuum breaker shut down system that completely shuts down 100% of the air flow to the vacuum system to prevent body Yes X No overfilling and wastewater discharge into the atmosphere should be included. Page 1 1 of 18 3. Disengage blower. This system will be used for safety in the event suction must be shut off in case of an emergency. . Yes X No D. VACUUM SYSTEM COMPLY: 1. The vacuum should be provided by a positive displacement rotary lobe blower capable of 4500 CFM inlet volume and a minimum 217" negative water pressure (16" HG). To ensure longer blower life and quiet operation, the blower should achieve the maximum rated performance at no more than 2250 RPM. Yes X No 2. A means of completely engaging/disengaging the blower and varying the vacuum suction from the operator's station at the front of the machine should Yes X No be provided. 3. A final filter should be supplied to limit the ingestion of abrasive material into the positive displacement. blower. It must be positioned between the outlet of the debris body and inlet of the vacuum blower and contain a removable stainless steel micro screen. The screen is to be no larger than 20 mesh and cylindrical in shape with a minimum 14" diameter and 20" length to allow for maximum protection and air flow. Filter should be vertically mounted. Filter housing to have minimum 8" inspection port. No tools required to inspect and/or remove filter. Yes X No_ 4. To further protect the vacuum source from liquid or solid particulate wear, a tapered, vertical, cyclone separator constructed of abrasion resistant steel should be provided. It should be capable of removing particles larger than 50 microns. It is to have a rubber sealed access door. An empty fan housing or horizontally mounted separator of any design could be deemed ineffective.in Yes X No providing the desired level of protection. 5. A complete drawing of the separator design should be provided. Separator should be an independent component, separate from the debris body and Yes X No vacuum source. 6. Bidder to provide with bid proposal a drawing showing air flow through the Yes X No system and separator. 7. Bidder to provide with proposal a certified performance graph showing Yes X No CFM and negative pressure. 8. System should be capable of vacuuming under water without special Yes X No attachments. Page 12 of 18 9. System should be capable of producing 100% rated vacuum pressure with no air flow through vacuum tubes. This is an essential feature in the application where material needs to be vacuumed under the water surface, i.e. lift stations, plugged manholes, etc. E. WATER SUPPLY 1. The water tanks should have a minimum usable capacity of 1500 gallons. Certificate from manufacturer verifying capacity should be included. 2. The water tanks should be constructed from aluminum or plastic, cross - linked by four inch tubing to fill and empty.evenly. 3.Water tanks should be mounted at and below the truck frame to provide a low center of gravity for truck stability. 4. Length and diameter of water tanks should be adjustable by body manufacturer to ensure proper fit and weight distribution. 5. Water tanks should not rise when debris body is dumped for safety and stability. 6. A 2 '' /z" x 25' hydrant hose and wrench should be provided. Basket for hose mounted at curbside fill location to be provided. . 7. A 4" anti - siphon air gap should be installed. 8. Water tanks should have a 10 year warranty. 9. A copy of tank warranty is provided. F. VACUUM SYSTEM BOOM AND HOSE 1. Should be front loading, attached at the front of the machine in order to provide ease of positioning the machine over the manhole as well as afford maximum safety for the operator. 2. Vacuum hoses and tubing should be 8" inner- diameter. Yes X No COMPLY: Yes X No Yes X No Yes X No Yes X No Yes X No Yes X No Yes X No Yes X No Yes X No COMPLY: Yes X No Yes X No Page 13 of 18 3. Boom should provide left and right rotation to allow work off of either side of the machine. Left and right swing movements to be actuated by a hydraulic cylinder. The boom should telescope a minimum of ten feet to aide in the .Yes X No addition of vacuum tubes to the system. 4. Boom should provide a minimum 17' of vertical lift utilizing one or two large diameter hydraulic cylinder. Boom lift capacity at bumper – 600 lbs retracted. Yes X No 5. Boom should provide a minimum of 24' reach off of the centerline of the unit. Boom should telescope forward a minimum of 8' without affecting the height of Yes X No the pick -up hose and tubing. EXCEEDS: 10 ft. True Telescoping Boom 6. A 4" x 6" rectangular beam should extend to support boom vacuum tube through the entire length of extension for maximum structural integrity. The hydraulic cylinder used for telescoping action should be enclosed inside the Yes X No rectangular beam, if required in design. 7. Boom functions should be controlled by a joy -stick mounted at front operator station. A six way remote pendant with vacuum breaker switch should also be Yes X No supplied. 8. Pipe extensions to clean to 20' should be supplied with the unit. Yes X No, 9. Spring loaded or hydraulic fold down pipe racks with 6 pipe capacity should be provided that allow operator to access pipe from ground level. Pipe racks Yes X No should be mounted on both sides of debris body. — – 10. Boom should be painted white. Yes X No– COMPLY: G. HIGH PRESSURE WATER PUMP 1. The high pressure water pump should be set to deliver 80 gpm @ 2500 psi Yes X No continuous duty. 2. The high pressure water pump should be a dual- acting single piston design No- powered by a direct hydraulic flow with a 1: 1 oil input to water output ratio or a Yes X No_ triplex style water pump with smooth continuous flow and pressure operation. 3. The high pressure water pump should operate independently of the vacuum system and be powered by the chassis engine via heavy duty transfer case and Yes X No direct mount oil pump or a PTO driven hydrostatic drive allowing the chassis to operate in neutral. 4. Controls to vary flow from 30 – 80 gpm while maintaining full pressure Yes X No without affecting vacuum performance should be located at the front operator station. Page 14 of 18 5. Controls for starting and stopping the water pump and varying flow and pressure should be located at the front operator station. Yes X No 6. In case of emergency, the high pressure water pump on/off function should be controlled by a single electric safety switch at the front operator station. Water pump should instantly stop flow from a full throttle, full flow mode when switch is Yes X No placed in the "off' position. 7. High pressure water ,pump should be mounted below 100% of the water supply to assure a gravity flooded inlet with no priming required at any time, or be certified Yes X No location by pump manufacturer with certification included in the bid. H. HOSE REEL ASSEMBLY COMPLY: 1. The hosed reel should be located at the front of the vehicle. Yes X No 2. The hose reel shall be capable of holding 800' of 1" hose. Yes X No 3. The hose reel shall have a footage counter. Yes X No 4. The hose reel shall be DOT legal and provide adequate ground clearance. Yes X No I. MANHOLE CLEANING WATER SYSTEM (HAND GUN) COMPLY: 1. A hand gun system should be provided to assist in cleaning catch basins, Yes X No manholes, screens, etc. 2. Hand gun should be powered by the high pressure water system. Flow and Yes X No pressure at hand gun should be regulated at 20 gpm @ 700 psi. 3. Hand gun should include on/off control and spray pattern adjustment from a fine yes X No mist to a steady jet. — 4. Hand gun should be mounted mid -ship and include 50' of high pressure hose on yes X No a spring - loaded retractable reel with quick - connect couplings. — Page 15 of 18 J. JET RODDER HOSE COMPLY: 1. 800' x 1" high pressure jet hose rated for 2500 psi working pressure and 6250 psi Yes X No burst pressure should be provided. .2. A heavy duty hose guide with 25' nylon rope should be provided. Yes X No. 3. Nozzles should be provided as follows: 1 penetrator nozzle with carbide inserts. Yes X No 2 sanitary nozzles 1 sand nozzle Yes. X No 4. Jet rodder hose is 1 ", colored orange K. HYDRAULIC SYSTEM AND LUBRICATION COMPLY: 1. The hydraulic system should have a minimum capacity of 60 gallons. Yes X No 2. Hydraulic shut -off valves should be included on all main lines. Yes X No 3. Lube points should be marked by weather proof tags. Yes X No L. ACCESSORIES COMPLY: 1. 2 — 36 x 18 x 18 aluminum sealed lockable tool boxes Yes X No 2. electronic back -up alarm Yes X No 3. debris body flush out system powered by high pressure water pump Yes X No 4. 25' leader hose Yes X No 5. jack - hammer action on rodder system Yes X No 6. accumulator system Yes X No 7. drain valves at water pump Yes X No 8. 3" y -type stainless steel strainer at water pump with brass valve Yes X No Page 16 of 18 M. LIGHTING AND ELECTRICAL COMPLY: 1. The entire module electrical system should be vapor sealed to meet N.E.M.A. 4 Yes X No_ standards. Yes X No 2. All circuits should be protected by circuit breakers. Yes X No- 3. Clearance lights and reflectors should be. furnished in accordance with D.O.T. standards. Yes X No_ Yes X No_ 4. Front and rear mounted beacon lights should be provided. Yes X No 5. A hand held spot light with front bumper plug should be provided. Yes X No N. OPERATOR TRAINING AND SERVICE COMPLY: 1. Two days of operator training should be provided by a factory trained representative. Yes X No 2. Operator manual, maintenance manual and video should be provided upon delivery. Yes X No. 3. A local service facility should be located within 50 miles from District Yard. Yes X No O. MOUNTING AND DELIVERY COMPLY: 1. The unit will be painted white and mounted on the chassis at the factory of the body Yes X No manufacturer. 2. All transportation charges are included. Yes X No P. EXCEPTIONS AND DEVIATIONS COMPLY: 1. It is the bidder's responsibility to carefully examine each item of the specifications. Failure to respond to each section of the specifications comply: yes /no could cause the proposal to be rejected without review as `non- responsive.' All variances, "no" Yes X No responses, exceptions and/or deviations will be fully described on an additional sheet to be submitted with the bid. COMPLY: Q. TRUCK CHASSIS New 2013 Model Engine: automatic transmission, 350 h.p. diesel Yes X No Engine shutdown electric key operated Yes X No Transmission: Allison automatic Yes X No Page 17 of 18 GVWR: 60,000 ]bs. Yes X No Exhaust: single vertical. bright finish tailpipe and guard Yes X No Air horn Yes X No Anti -Lock brake system Yes X No Fuel tank: under cab steel 100 gallons Yes X No Primary mirrors: 7.44" x 14.84" w/ 102" wide spacing Yes X No Auxiliary mirrors: 7.44" sq. convex both sides Yes X No Air conditioner Yes X No AM/FM stereo Yes X No Driver seat: Mid -back air.suspension EXCEEDS: Hi -Back Yes X No Passenger seat: Mid -back non - suspended EXCEEDS: Hi -Back Yes X No Full gauge package: air system gauge primary and 'secondary needle, air restriction indicator, fuel, water tem, hour meter, tachometer, oil pressure, volt meter, speedometer Yes X No w/ odometer Windshield wiper w/ delay Yes X No Interior sun visors: driver and passenger Yes X No 5 # fire extinguishers Yes X No Set of triangles Yes X No The following additional items will be included: COMPLY: Omnibus -2 Electronic Controller System with Color Monitor and Digital Footage Yes X No Counter Yes X No Arrowboard Superior Signal Model SY3984896L Yes X No Wireless Remote. Yes X No Diamond Plate Tool Boxes Yes X No Diamond Plate Covers for Water Tanks Yes X No Cone Racks (2) Yes X No Black Wheels Yes X No Vac -Con Dual Engine PD Blower Machine in lieu of Single Engine Yes X No Page 18 of 18 07/19/2012 13:07 FAX 18885337827 SENTRY INSURANCE daSENTRY SELECT INSURANCE COMPANY STEVENS POINT, WISCONSIN (A PARTICIPATING STOCK COMPANY) A MEMBER OF THE SENTRY FAMILY OF INSURANCE COMPANIES CERTIFICATE OF INSURANCE ACCOUNT NUMBER 49 -67776 This certificate is issued 7-,,—a matter of information only and Confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. Name and Address of Name and Address Certificate Holder of the Insured COSTA MESA SANITARY DISTRICT MUNICIPAL MAINTENANCE 628 W 19TH STREET EQUIPMENT INC COSTA MESA, CA 92627 2360 HARVARD ST SACRAMENTO, CA 95815 This certificate is issued on 12 -15 -2011 and is effective until 12 -15 -2012. It certifies that policies of insurance listed below have been issued to the insured named above. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subj paid claims. ect to all the terms, exclusions, and conditions of such policies, Limits shown may have been reduced by Coverage Provided Policy Number Coverage Limits General Liability 49- 67776 -12 General Aggregate S 1,500,000 Bodily In ury and Damage OCCURRENCE Products Aggregate Pers /Adv Injury S $ 1,500,000 500,000 Property Combined Each Occurrence S 500.000 Premises Damage $ 100.000 Medical Expense $ 5,000 Automobile Liability 49- 67776 -12 Each Accident $ 500,000 Includes: Bodily Injury and Property -Any Auto Excess /Umbrella 49- 67776 -12 Each Occurrence $ 3,000,000 General Aggregate $ 9.000,000 Products Aggregate $ 9,000,000 Workers' Compensation 49- 67776 -14 Statutory and Employer's Each Accident $ 500,000 Each Disease /Employee $ 500,000 Each Disease /Policy $ 500.000 111�alr �,) Ala 80 -C1035 (SFA) MUN 49 -67776 01- 117204 LDI COI 259628 -1 02 11 07 -19 -2012 PAGE 1 _ (01161 [a 002 0 --efl 07/19/2012 13:07 FAX 18885337827 SENTRY INSURANCE Z 003 CERTIFICATE OF INSURANCE - (CONT) ACCOUNT NUMBER 49 -67776 ShoUId any of the above described DoIicies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. 80 -C1035 (SFA) MUN 49 -67776 01- 117204 LDI COI 269628 -1 02 11 07 -19 -2012 PAGE 2 _ (01161 �za� 07/19/2012 13:08 FAX 18885337827 SENTRY INSURANCE 10004 CHS SENTRY SELECT INSURANCE COMPANY THE SENTRY PLAN STEVENS POINT WISCONSIN POLICY A PARTICIPATING STOCK COMPANY)) MEMBER OF THE SENTRY FAMILY OF INSURANCE COMPANIES GENERAL LIABILITY DECLARATIONS POLICY NUMBER 49- 67776 -12 NAME INSURED' MUNICIPAL MAINTENANCE ADDITIONAL INSURED SCHEDULE The following information is required to complete the accompanying additional insured endorsement which forms a part of the Named Insured's COMMERCIAL GENERAL LIABILITY COVERAGE PART. ADDITIONAL INSURED ENDORSEMENT EFFECTIVE COSTA MESA SANITARY DISTRICT CG 32 93 09 09 FROM DECEMBER 15, 2011 62B W 19TH STREET TO DECEMBER 15, 2012 COSTA MESA CA 92627 (CERTIFICATE NUMBER 0116) LOCATIONS) OF COVERED OPERATIONS ALL LOCATIONS FOR ENDORSEMENT TEXT CG 89 01 11 85 (MECH) MUN 49- 67776 -12 40 111 07 -19 -2012 (000 0116) I a Sentry Insurance - Surety Bond Department 1800 North Point Drive P.O. Box 8022 Stevens Point, WI 54481 Phone: 800.624.8369 100 SENTRY® INSURANCE Sentry Select Insurance Company SURETY BOND FOR THE PROPOSAL OR BID ON A CONTRACT Bond Number: BN 83603 Surety Name: Sentry Select Insurance Company Address: 1800 North Point Dr. Cents 00 Stevens Point, WI 54481 Incorporated: State of Wisconsin Telephone: 1- 800 - 624 -8369 Date Bond Executed: June 28, 2012 (must not be later than bid opening date) Principal Cents 00 Principal's Name: Municipal Maintenance Equipment Inc Primary Address: 2360 Harvard Street 000 Sacramento, CA 95815 State of Incorporation: California Type of Organization: Corporation PENAL SUM OF BOND I BID IDENTIFICATION PERCENT OF I AMOUNT NOT TO EXCEED BID DATE I INVITATION NO. BID PRICE 10% Millions Thousand(s) Hundred(s) Cents 00 6/29/2012 00 35 000 FOR: Truck(s) OBLIGATION: We, the Principal and Surety(ies), are firmly bound to the COSTA MESA SANITARY DISTRICT (hereinafter called the "Obligee ") in.the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations active as co- sureties, we, the Sureties, bind ourselves in such sum "jointly" and "severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum. CONDITIONS: The Principal has submitted the bid identified above. THEREFORE: The above obligation is void if. the Principal - (a) upon acceptance by the Obligee of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Obligee for any cost of procuring the work which exceeds the amount of the bid. Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Obligee Notice to the surety(ies) of extension(s) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid. WITNESS: The Principal and Surety(ies) executed this bond and affixed their seals on the above date. PRIN L X I F Wheeler 111, Vice President (Printed Name and Title) Rita M. eaver, Attorney -in Fact R,gti� i (Printed Name and Title) �� �•' •Q`pOR C) .0= Authorized Countersignature (Where RequilZo ' 8023337 fIi f i 111I I0% ` 8 -11 SENTRY SELECT INSURANCE COMPANY POWER OF ATTORNEY Bond Number: BN 83603 Know all men by these presents, that Sentry Select Insurance Company, a corporation duly organized under the laws of the State of Wisconsin, and having its principal place of business in the City of Stevens Point, State of Wisconsin, does hereby make, constitute and appoint MICHELLE M. BAUER, JOHN T. BAUMAN, BEVERLY R. BEIGEL, DORENE R. BIALAS, JOHN L. CHARLES, CHERYL M. JISKO, TRICIA L. SCHILLING, JOSEPH SHEPHERD and RITA M. WEAVER as its true and lawful Attorneys -in -Fact, for it, and in its name, place and stead, with full power and authority to sign, execute, acknowledge and deliver for and on its behalf as Surety, any and all bonds with an effective date on or after the 10th day of April, 2012. Signed: Daniel L. Revai, President Sentry Select Insurance Company State of Wisconsin ) ) SS. County of Portage ) sue. 4WD ACKNOWLEDGMENT Attest: Kenneth J. Erler, Secretary Sentry Select Insurance Company I, Shelley M. McEachen, Notary Public, do hereby certify that Daniel L. Revai and Kenneth J. Erler, the President and the Secretary, respectively, of Sentry Select Insurance Company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary, appeared before me this day in person and acknowledged that they signed, sealed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this 10th day of April, 2012. stip �f f Shelley M. McEachen ti• = My Commission expires 12/22/2013 AUTHORIZATION I, Kenneth J. Erler, Secretary of Sentry Select Insurance Company, hereby certify that Sentry Select Insurance Company is duly licensed to transact fidelity and surety business in all States of the United States of America, that the foregoing Power of Attorney is a correct and true copy of the original Power of Attorney, that said Power of Attorney has not been revoked, and I further certify that the following is a true and exact copy of two resolutions passed by the Board of Directors of Sentry Select Insurance Company at meetings held by said Board, a quorum being present and voting on the date specified below, which resolutions are still in effect: RESOLVED, that the President or any Senior Vice President in conjunction with any Secretary or Assistant Secretary, be and they are hereby authorized and empowered to appoint Attorneys -in -Fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behaif as Surety any and all bonds, recognizance; - contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons. (Adopted 11 September 1969.) RESOLVED, that the signature of any Officer authorized by the Bylaws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either for the execution of any bond, undertaking, recognizance or other written obligation in nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such Officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. (Adopted 29 April 1971.) Given under my hand and official seal, this 28th day of June, 2012. Kennet�ecretarr� w� Sentry Select Insurance Company 0 fop r "* 47Y)Y XIAliIiirrII/ QT IN& ;C6 ••GORPO -A ': ran �W.. � m: c); •dam ,'1111 1 1 1 1"INN 73 -70 4112