HomeMy WebLinkAbout06/06/1989, C-12 - SUBMITTAL OF SPECIFICATIONS FOR A HIGH DUMP MECHANICAL STREET SWEEPER I���������IINIIIIIIIIIIII MEETING GATE:
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MOGA COUNCIL AGENDA REPORT
Street Sweeper
Page 2
sweep major arterials twice a week and to sweep the remaining
arterials once a week. Residential sweeping remained the same at
once every two weeks. This change increased sweeping hours from 48
to 69 hours per week. In order to meet this increased service level
with a dependable fleet, a new sweeper needs to be purchased every
three years and the fleet needs to have a total of three street
sweepers. It is anticipated that the next sweeper will be purchased
in FY 1991-92 .
Fiscal Impact
Estimated Cost $110,000
Funds for this vehicle are available from the Equipment Replacement
Reserves.
Recommendation
By motion, approve specifications for a High Dump Mechanical Street
Sweeper; authorize staff to advertise for bids; and authorize the CAO
to award a contract.
Attachments : Specifications
APPROVED :
Date :
r City Administrative Officer
City Attorney F ce Director
g:sweepagd
CITY OF SAN LUIS OBISPO
C ' STATE OF CALIFORNIA
NOTICE TO BIDDERS
(SPCN )
NOTICE IS HEREBY GIVEN THAT the City Clerk of the City of San Luis Obispo,
State of California, will receive sealed bids pursuant to Specification No.
at the City Clerk's Office, City Hall, 990 Palm Street, on
, at which time they will be publicly opened and
read aloud, for the purchase of the following supplies, material, and/or
services:
One (1) High Dump Mechanical Street Sweeper
Bids received after said time will not be considered. Each bid shall be
submitted in a sealed envelope plainly marked:
"Proposal for Street Sweeper Specification No. "
Each bid shall be made out on a bid form as provided. A copy of which may be
obtained from the City Clerk. Prices shall include State and local sales taxes
separately identified.
-- The City of San Luis Obispo reserves the right to accept such bid or bids as
may be deemed most advantageous to the City, the right to wave any informality
in a bid, and the further right to reject any and all bids.
Each bid shall be submitted on an annotated copy of the specifications.
Each bid shall specify completely each and every item as set forth in the
specifications. Any and all exceptions to the original specification must be
clearly stated in the bid. Failure to set forth any exception shall be grounds
for rejection of the bid. All supportive pamphlets and brochures are to
accompany the bid.
Additional information may be obtained by contacting David Pierce at (805)
549-7220.
CITY OF SAN LUIS OBISPO
Pamela Voges
City Clerk
C
CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
SPECIFICATION NO.
TABLE OF CONTENTS
Page
General Bid Terms and Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1- 3
Special Bid Terms and Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4- 5
BidSpecifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6=11
Bid Submission Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
PurchaseAgreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-C
MailingList. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D
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City of San Luis Obispo
�. General Bid Terms and Conditions
HIGH DUMP MECHANICAL STREET SWEEPER
1. Requirement to Meet All Bid Terms and Conditions - Each bidder shall meet
all of the specifications and bid terms and conditions. By virtue of the bid
submission and acceptance of the bid award, the bidder acknowledges agreement
with and acceptance of all provisions of the specifications, except as
expressly qualified in the bid proposal. Nonsubstantial deviations may be
considered provided the bidder submits a full description and explanation of,
and justifications for, the proposed deviations. Final determinations of any
proposed deviation will be made by the City of San Luis Obispo.
2. Bid Submission - Each bid must be submitted on the form(s) provided in the
bid package. Bid documents shall be enclosed in an envelope which shall be
sealed and addressed to the City Clerk, City of San Luis Obispo, 990 Palm
Street, San Luis Obispo, CA 93403-8100. In order to guard against premature
opening, the bid should be clearly labeled with the bid title, name of bidder,
and date and time of bid opening.
3. Bid Retention and Award - The City reserves the right to retain all bids
for a period of 30 days for examination and comparison. The City also reserves
the right to waive nonsubstantial irregularities in any bid, to reject any and
all proposals, to reject or delete one part of a proposal and accept the other,
except to the extent that the bids are qualified by specific limitations, and
to make award to the lowest responsible bidder as the interest of the City may
require.
4. Bid Quotes and Unit Price Extensions - The extensions of unit prices for
the quantities indicated and the lump sum prices quoted by the bidder must be
entered in figures in the spaces provided on the Bid Submission Form(s) . Any
lump sum bid shall be stated in figures. The Bid Submission Form(s) must be
totally completed. If the unit price and the total amount stated by any bidder
for any item are not in agreement, the unit price alone will be considered as
representing the bidder's intention and the total will be corrected to conform
to the specified unit price.
S. Bid Withdrawal - A bidder may withdraw its proposal, without prejudice
prior to the time specified for the bid opening, by submitting a written
request to the City Clerk, in which event the proposal will be returned to the
bidder unopened. No proposal received after the time specified or at any place
other than the place stated in the "Notice Inviting Bids" will be considered.
All bids will be opened and declared publicly. Bidders or their
representatives are invited to be present at the opening of the bids.
6. Submission of One Bid Only - No individual, or business entity of any kind
shall be allowed to make or file, or to be interested in more than one bid,
except an alternative bid when specifically requested; however, an individual
or business entity which has submitted a sub-proposal to a bidder submitting a
proposal, or who has quoted prices on materials to such bidder, is not thereby
disqualified from submitting a sub-proposal or from quoting prices to other
bidders submitting proposals.
City of San Luis Obispo
General Bid Terms and Conditions
HIGH DUMP MECHANICAL STREET SWEEPER
7. Contract Requirements - The bidder to whom award is made shall execute a
written contract with the City within ten (10) calendar days after notice of
the award has been sent by mail to it at the address given in its proposal. The
Contract shall be made in the form adopted by the City and incorporated in
these specifications. The bidder warrants that he/she possesses, or has
arranged through subcontracts, all capital and other equipment, labor and
materials to carry out and complete the work hereunder in compliance with all
Federal, State, County, City and Special District Laws, Ordinances, and
Regulations which are applicable.
S. Failure to Accept Contract - If the bidder to whom the award is made fails
to enter into the contract: the award will be annulled; any bid security will
be forfeited in accordance with the Special Bid Terms and be made to the next
lowest responsible bidder who shall fulfill every stipulation as if it were the
party to whom the first award was made.
9. Contract Assignment - The bidder shall not assign, transfer, convey or
other wise dispose of the contract, or its right, title or interest, of its
power to execute such a contract to any individual or business entity of any
kind without the previous written consent of the City of San Luis Obispo.
10. Non-Discrimination - In the performance of the terms of this contract, the
bidder agrees that it will not engage in, nor permit such subcontractors as it
may employ, to engage in discrimination in employment of persons because of
age, race, color, sex, national origin or ancestry, or religion of such
persons.
11. Work Delays - Should the successful bidder be obstructed or delayed in the
work required to be done hereunder by changes in the work or by any default,
act, or omission of the City, or by strikes, fire, earthquake, or any other Act
of God, or by the inability to obtain materials, equipment, or labor due to
Federal Government restrictions arising out of defense or war programs, then
the time of completion may, at the City's sole option, be extended for such
periods as may be agreed upon by the City and the bidder. In the event that
there is insufficient time to grant such extensions prior to the completion
date of the contract, the City may, at the time of acceptance of" the work,
waive liquidated damages which may have accrued for failure to complete on
time, due to any of the above, after hearing evidence as to.the reasons for
such delay, and making a finding as to the causes of same.
12. Labor Actions - In the event that the successful bidder is experiencing a
labor action at the time of the award of the bid (or if its suppliers or
subcontractors are experiencing such a labor action) , the City reserves the
right to declare that said bidder is no longer the lowest responsible bidder.
And to select the next lowest responsible bidder that is not experiencing a
labor action, and to declare it to be the lowest responsible bidder.
13. Sales Tax Allocation - For sales occurring within the City of San Luis
Obispo, the City is reimbursed one-sixth of the 6% sales tax paid• 'therefore,
for bids from retail firms located in the City of San Luis Obispo at the time
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City of San Luis Obispo
General Bid Terms and Conditions
HIGH DUMP MECHANICAL STREET SWEEPER
of bid closing for which sales tax is allocated to the City of San Luis Obispo,
1% of the taxable amount of the bid will be deducted from the bid by the City
in the calculation and determination of the lowest responsible bid.
14. Communications Regarding Bid - All timely requests for information
submitted in writing will receive a written response from the City. Telephone
communications with City staff are not encouraged, but will be permitted.
However, any such oral communication shall not be binding on the City.
15. Business Tax - All bidders should be aware of the City's Business Tax
Ordinance which requires that a Business Tax Receipt be obtained before any
business, trade, profession, enterprise, establishment, occupation, or calling
is conducted with the City. The amount of the tax is based on gross receipts
resulting from business conducted in the City of San Luis Obispo, and is
required to be paid when business is conducted in the City even though the
principal location of the business may be outside of the City. Issuance of a
Business Tag Receipt is only evidence of the fact that the tax has been paid;
it does not sanction or approve any operation not otherwise permitted.
Verification that the bidder has a valid City of San Luis Obispo Business Tax
Receipt will be obtained by the City prior to the execution of the contract.
Additional information regarding the City's Business Tax program may be
obtained by calling (805) 549-7134.
18. Payment Terms - The City's payment terms are 30 days from the receipt of an
original invoice referencing the City's Purchase Order number and acceptance of
the materials, supplies, equipment, or services (Net 30) . Payment will only be
released upon authorization from the receiving Department.
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CITY OF SAN LUIS OBISPO
SPECIAL BID TERMS AND CONDITIONS FOR A
HIGH DUMP MECHANICAL STREET SWEEPER.
1. COMPLETE OPERATIONAL VEHICLE - The vehicle shall be complete with all
equipment and accessories necessary for satisfactory operation. All equipment
advertised as standard shall be furnished without exception and included within
the purchase price of the unit. A copy of the manufacturer's standard
specifications for the unit bid shall be included with the bid.
2. COMPLIANCE WITH CODES AND REGULATIONS - The vehicle must be delivered
with all the equipment necessary to comply with current requirements
established by Cal/OSHA regulations, the California Motor Vehicle Code, and
Federal Motor Vehicle Safety Standards and ANSI safety regulations.
3. DEMONSTRATION PRIOR TO PURCHASE - The low bidder WILL BE required to
demonstrate a unit identical to the unit bid before an order is placed. The
demonstration will take place in the City of San Luis Obispo and will include
operation with a full load on a 17% grade. The demonstration will be to assure
that the unit will perform as required.
4. KEYS - Vendor shall supply three (3) complete sets of keys for the unit
and tool boxes.
S. MANUALS - The vendor shall provide: two (2) complete sets of shop repair
and parts manuals that include all component and unit rebuilding information,
and three (3) sets of operator and service manuals. All manuals shall be
furnished at time of acceptance of the vehicle. THE CITY WILL WITHHOLD 20% OF
PAYMENT UNTIL MANUALS ARE RECEIVED.
6. TRAINING - Vendor shall provide a minimum of 8 hours of training for City
personnel in the operation and maintenance of the vehicle and all attached
equipment. The. individual conducting the training shall be factory trained in
the operation and maintenance of the unit. The training shall take place at
the City Corporation Yard, 25 Prado Road, San Luis Obispo, CA .
7. REGISTRATION DOCUMENTS - All documents required for vehicle registration
including Smog Control Inspection and Weight Certificate must accompany the
registration slip.
S. PRE-DELIVERY SERVICE - All pre-delivery and warranty service shall be
provided prior to delivery of the unit to the City..
9. PARTS SUPPLY - The manufacturer/dealer shall maintain an adequate stock
of all continuing service and repair parts within the State of California for a
minimum of ten years, to be available to the City of San Luis Obispo without
undue delay.
10. WARRANTIES - The vehicle and equipment shall be covered by all the
manufacturers' standard warranties, copies of which shall be provided.
However, the warranty shall not be for less than one year from the date of
acceptance by the City of San Luis Obispo, nor shall it expire prior to the
accumulation of 12,000 miles, whichever occurs later.
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CITY OF SAN LUIS OBISPO
SPECIAL BID TERMS AND CONDITIONS FOR A
�. HIGH DUMP MECHANICAL STREET SWEEPER
11. WARRANTY WORK - All warranty work shall be accomplished in the City of
San Luis Obispo. Should the accomplishment of warranty work require
transportation to a facility outside of the City of San Luis Obispo, the vendor
or manufacturer shall be responsible for said transportation. Should the Unit
be out of service for more than 72 hours because of warranty work, the vendor
will provide a replacement unit at no cost to the City until the City's unit is
repaired and returned to service.
12. MINOR WARRANTY REPAIRS - When it is of mutual benifit the Streets
Division Manager may authorize the City shop to perform minor warranty
repairs. When such work is accomplished, the vendor shall reimburse the City
for both parts and labor and shall be responsible for continued warrantee of
the entire unit.
13. DELIVERY - The price includes delivery to the City Corporation Yard, 25
Prado Road, San Luis Obispo, CA, 93401.
14. TRADE-IN - The City proposes to trade in a 1944 Mobile Sweeper Madel
2TE4, Serial Number 422061. The trade-in will be available at the time that
the City accepts the new sweeper. The vendor will take possession of the
trade-in at the City Corporation Yard, 25 Prado Road, San Luis Obispo, CA
93401.
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CITY OF SAN LUIS OBISPO
SPECIFICATIONS FOR
HIGH DUMP MECHANICAL STREET SWEEPER
Bidders shall complete every space in the "Bidders Proposal" column with a
check, indicating that the item bid is exactly as specified or with a
description to indicate any deviation from the specification
MINIMUM SPECIFICATIONS REQUIRED BIDDERS PROPOSAL
GENERAL:
One High Dump Mechanical Street Sweeper to be
current year model and production. The
sweeper shall have single or twin engine(s) .
dual controls, and four wheels such as the I MFG. :
Mobil Sweeper Model AHL or the Elgin Eagle.
Series F.
The unit shall be powered and geared to permit I MODEL:
a fully loaded sweeper to climb a 17% grade at
6 mph while sweeping
The sweeper shall be able to travel at 55mph
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DRIVE ENGINE OR SINGLE ENGINE:
Diesel I MFG. :
170 NET Horsepower Minimum ® 2200 RPM I MODEL:
California Approved. I Cu.In:
HP:
lb.ft•
Fuel filters: Primary and Secondary.
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Cooling system - Heaviest increased capacity
system available for size of truck,
engine/transmission combination.
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Air filter - to be dry type with replaceable
paper element.
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Electrical system - 12 volt negative ground.
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Batteries - 1250 C.C.A. Minimum
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Alternator - 100 amp Minimum
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All electrical system components shall have
circuit protection devices.
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TRANSMISSION:
Automatic - Allison AT 545 4 forward speeds.
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equipped with "Hayden" heavy duty external
cooler sized 50% above GVWR and located so as
not to restrict radiator air flow
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CITY OF SAN LUIS OBISPO
SPECIFICATIONS FOR
C HIGH DUMP MECHANICAL STREET SWEEPER.
MINIMUM SPECIFICATIONS REQUIRED BIDDER'S PROPOSAL
CHASSIS:
27,000 LB GVWR GVWR:
Wheel Base 125 inches maximum. WB:
9,000 LB load capacity minimum. Load. Capacity:
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FRAME: I
Front Bumper - Heavy duty with two (2) frame
mounted tow hooks
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SUSPENSION:
Front - parallel leaf 8,000 LB Minimum
Rear - suspension preferred at highway
speeds. No suspension while sweeping.
Shock absorbers: Heavy Duty Double Acting
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STEERING:
Dual operator controls.
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Full power. I
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18 inch minimum steering wheel diameter.
Turning radius 18' 6" maximum.
FRONT AXLE:
Forged steel I-beam 8,000 LB GAWR GAWR:
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REAR AXLE: I
19,000 LB GAWR I GAWK:
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Dual Speed with gear ratio to provide maximum I.
speed of 58 to 62 MPH in direct transmission
drive and at the engine manufacturer's
Governed RPM
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Ratios: 6.5 to 1 and 9.05 to 1
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Travel Speed - 60 mph Maximum
Splash Guards Front and Back of Rear Axle
.BRAKES:
Full air, "S" cam
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Front: 16.5" x 5"
Rear: 16.5" x 7"
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CITY OF SAN LUIS OBISPO
SPECIFICATIONS FOR
HIGH_DUMP MECHANICAL STREET SWEEPER
MINIMUM SPECIFICATIONS REQUIRED BIDDER'S PROPOSAL
BRAKES (cont) :
Bendix automatic slack adjusters front and
rear.
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Compressor: 12 CFM, water cooled, engine oil
lubricated. Bendix 501
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Air Dryer: Bendix AD-4
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Parking Brake - spring actuated, air released,
dual diaphragm chambers mounted on rear axle.
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TIRES AND WHEELS
All tires to be tubeless radials with. five
steel plys. Prefer all wheels and tires to
be the same. If different size wheels or
tires are provided a mounted spare of each
combination will be provided.
Front Tires: two (2) each11.06R U AH
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Rear Tires: five (5) each 11.00R 22.5H
Wheels: seven (7) each disk wheels, 10 hole ( /�
Budd, 6,000 lb capacity minimum.
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CAB: I
Cab-over with tilt cab preferred.
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full noise and heat insulation, floor mat and
all other factory advertised standard
equipment.
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Noise level in the cab at driver's ear level
shall be under 65 DBA
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Right Seat: Bostrum West Coaster II adjustable
seat.
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Left Seat: Same as right or Manufactures
standard bucket seat.
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Seat belts with retractors for both seats.
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Fresh air heater with integral defroster on
left and right windshield sections.
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Air conditioning.
Positive Pressure in cab to keep out dust. I -
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CITY OF SAN LUIS OBISPO
SPECIFICATIONS FOR
HIGH DUMP MECHANICAL STREET SWEEPER
MINIMUM SPECIFICATIONS REQUIRED BIDDER'S PROPOSAL
CAB (cont) :
Sunvisors on left and right sides.
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Tinted windshield.
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Arm rests on left and right doors.
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Cab handles on left and right doors.
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Grab Handles on exterior of cab on both sides
to assist entry.
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AM-FM radio with dual speakers
Cigarette lighter
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External rear view mirrors: 8" s 16" heads,
western style. plus left and right convex
mirrors.
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ACCESSORIES:
Wheel chocks, two (2) each metal, adequate-for
wheel size.
Chock cornering brackets, two (2) each.
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INSTRUMENTS AND CONTROLS:
The following shall be provided as a minimum.
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Car Vision by Intec.
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Speedometer with odometer.
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Air pressure gauge.
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Low air warning buzzer & indicator light. I
Fuel gauge.
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Water tank level.
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Transmission oil Temperature.
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Low hydraulic oil alarm and light.
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Standard horn(s) .
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- Backup Alarm - PRECO LDA-50.
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Yellow flashing light (Astro Flash LL80O) with
dash mounted switch. I
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CITY OF SAN LUIS OBISPO
SPECIFICATIONS FOR
HIGH DUMP MECHANICAL STREET SWEEPER
MINIMUM SPECIFICATIONS REQUIRED __ BIDDER'S PROPOSAL
INSTRUMENTS AND CONTROLS (cont. ) :
Drive Engine:
oil pressure gauge
mater temperature gauges.
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Tachometer.
Hour meter.
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Amp or volt meter gauge.
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Kysor automatic engine shutdown system
for low oil pressure, high water
temperature, low water level with
automatic override, buzzer and lights.
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Sweeper Engine:
oil pressure gauge
water temperature gauges.
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Tachometer.
Hour meter.
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Amp or volt meter gauge.
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Kysor automatic engine shutdown system
for low oil pressure, high water
temperature, low water level with
automatic override, buzzer and lights.
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Electronic 12 hour tachograph recording Drive
engine operating time, Speed, and Main Broom
in sweeping position.
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SWEEPER ENGINE: I MFG. :
Diesel I MODEL:
50 Horsepower I Cu.In:
HP:
lb.ft•
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HYDRAULIC SYSTEM:
Pump drive off sweeper engine
system sized to operate all functions.
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MAIN BROOM:
Hydraulic Drive
Hydraulic Lift
Maintains constant speed as set from cab.
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CITY OF SAN LUIS OBISPO
SPECIFICATIONS FOR
HIGH DUMP MECHANICAL STREET SWEEPER
MINIMUM SPECIFICATIONS REQUIRED BIDDER'S PROPOSAL
GUTTER BROOMS:
Right and Left sides
42" with disposable segments
hydraulic drive
adjustable for tilt, pressure and wear..
CONVEYOR: -
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Fabric reinforced rubber belt.
Speed controlled from cab. I
Hydraulic Direct drive. I
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DIRT HOPPER: I
Capacity volumetric 4 cubic yards.
Material volume 3 cubic yards.
Dump height - bottom of discharge door - 9' 6"
minimum. I
Dump to right side of vehicle. I.
lift capacity 9,000 LB NET.
WATER SPRAY SYSTEM: I
Tank - removable polyethelene or epoxy coated
inside and .manhole for easy access.
- capacity - 280 gallons minimum.
Spray nozzles for Gutter Brooms, Main Broom
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Spray on and off control from cab.
separate control for each broom.
adjustable spray volume.
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Pump. I
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Filter - Non-corrosive housing and mesh with
mesh 100 micron or finer screen.
Filler Hose: 12 foot hose with 2-1/2" NST
bronze female coupling with hydrant wrench
Water meter: 2 inch Rockwell reading in cubic
feet mounted between fill hose and tank. City
will provide meter for vendor to install.
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25 feet of 3/4" hose to be attached for high
pressure wash down I
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PAINT REQUIREMENTS:
Color —white, inside and out
paint type - acrylic urethane, two coats
(base-coat/clearcoat) . I
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BID SHEET
City of San Luis Obispo _.
HIGH DUMP MECHANICAL STREET SWEEPER
(SPCN )
BID - OPENING:
NOTICE TO BIDDERS: The bidder is required to fill out this sheet.
Failure to do so may be cause for the bid being rejected.
DEVIATIONS: List any and all deviations from the specifications,
including delivery date. All deviations will be considered part of the
bidder's specifications. Attach extra sheets if necessary. Deviations
that are completely explained in the BIDDER'S PROPOSAL portion of the
Specifications need not be repeated.
DELIVERY DATE:
BID PRICES: F.O.B. San Luis Obispo; include state and local sales taxes.
ITEM No. UNIT PRICE TOTAL PRICE
Mechanical High Dump Street Sweeper 1 $ $ /1
Sales Tax 1 $ $
TOTAL PRICE 1 $ $
TRADE-IN CREDIT 1 $ $
TO: City Clerk, City of San Luis Obispo
In compliance with the above instructions and the bid terms and
conditions, the undersigned agrees, if this offer is accepted within
thirty days from the bid opening date, to furnish any and all items upon
which prices are offered, at the price set oposite each item, delivered at
the designated points within the time specified.
Signature and Title of Authorized Agent Date
Name of Firm
Address
Telephone No•
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AGREEMENT
C
TRIS AGREEMENT is made and entered into in the City of San Luis
Obispo on this day of 1989 , by and between the
CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter
referred to as CITY, and the ,
hereinafter referred to as SUPPLIER.
WITNESSETH
WHEREAS, on 1989, CITY invited bids for the procurement
of per Specification No.
WHEREAS, pursuant to said invitation, SUPPLIER submitted a bid which
was accepted by CITY for said equipment
NOW THEREFORE, in consideration of their mutual promises, obligations
and covenants hereinafter contained, the parties hereto agree as
follows:
1 . TERM. The term of this Agreement shall be from the date this
Agreement is made and entered, as first written above, until
acceptance of said equipment.
2 . INCORPORATION BY REFERENCE. The Notice Inviting Bids, the General
Bid Terms and Conditions, the Special Bid Terms and Conditions, Bid
Submission Form(s) , and the Bid Specifications, are hereby
incorporated in and made a part of this Agreement.
3 . CITY'S OBLIGATIONS. For furnishing equipment as specified in this
Agreement, City will pay and Supplier shall receive therefor
compensation in a total sum not to exceed $
Payment to the Supplier shall be made within 30 days after receiptof
an original invoice from the Supplier and acceptance of the equipment
by City.
4. SUPPLIER'S OBLIGATIONS. For and in consideration of the payments
and agreements hereinafter mentioned to be made' and performed by
CITY. SUPPLIER agrees with CITY to furnish the equipment and to do
everything required by this Agreement and the said specifications.
Without limiting the generality of the foregoing, SUPPLIER wArrants
on behalf of itself and all subcontractors engaged for the
performance of this Agreement that only persons authorized to work in
the United States pursuant to the Immigration Reform and Control Act
of 1986 and other applicable laws shall be employed in the
performance of the work hereunder.
5. HOLD HARMLESS AND INDEMNIFICATION. SUPPLIER agrees to defend,
indemnify, and hold harmless CITY, its officials, officers,
employees, representatives, and agents, from and against all claims,
Clawsuits, liabilities or damages of whatsoever dature arising out of
or in connection with, or relating in any manner to any act or
omission of SUPPLIER, its agents, employees, and subcontractors of
A
C: C
any tier and employees thereof in connection with the performance or
non- performance of this Agreement. The SUPPLIER shall thoroughly
investigate any and all claims and indemnify the CITY and do whatever
is necessary to protect the CITY, its officials, officers, employees,
agents, and representatives, as to any such claims, lawsuits,
liabilities, expenses, or damages.
6. AMENDMENTS. Any amendment, modification, or variation from the
terms of this Agreement shall be in writing and shall be effective
only upon approval by the Director of Finance.
7. TERMINATION. If during the term of this Agreement, CITY
determines that SUPPLIER is not faithfully abiding by any term or
condition contained herein, CITY may notify SUPPLIER in writing of
such defect of failure to perform; which notice must give SUPPLIER in.
writing of such defect or failure to per form; which notice must give
SUPPLIER a 10-day notice of time thereafter in which to perform said
work or cure the deficiency. If SUPPLIER has not per formed the work
or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of this Agreement and CITY may
terminate this Agreement immediately by written notice to supplier
/to said effect. Thereafter, neither party shall have any further
duties, obligations, responsibilities, or rights under this Agreement
except, however, any and all obligations of SUPPLIER'S surety shall
remain in full force and effect, and shall not be extinguished,
reduced, or in any manner waived by the termination hereof. In said
event, SUPPLIER shall be entitled to the reasonable value of its ------
services
--services per formed from the beginning of the period in which the
breach occurs up to the day it received CITY'S Notice of Termination,
minus any offset from such payment representing the CITY'S damages
from such breach. CITY reserves the right to delay any such payment
until completion or confirmed abandonment of the project, as may be
determined in the CITY' S sole discretion, so as to permit a full and
complete accounting of costs. In no event, however, shall SUPPLIER
be entitled to receive in excess of the compensation quoted in its
bid.
8. COMPLETE AGREEMENT. This written Agreement, including all
writings specifically incorporated herein by reference., shall
constitute the complete agreement between the parties hereto.. No
oral agreement, understanding, or representation not reduced to
writing and specifically incorporated herein shall be of any force or
effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
9. ANTI-DISCRIMINATION. In the performance of the terms of this
Agreement, SUPPLIER, agrees that it will not engage in, nor permit
such subcontractors as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national
origin or ancestry, or religion of such persons. Violation of this
provision may result in the imposition of penalties referred to in
Labor Code Section 1735.
10. AUDIT. CITY shall have the option of inspecting and/or auditing LCA
all records and other written materials used by SUPPLIER in preparing
B f -l '?
its statements to CITY as condition precedent to any payment to
�! SUPPLIER.
11 . NOTICE. All written notices to the parties hereto shall be sent
by United States mail; postage prepaid by registered or certified
mail addressed as follows:
CITY:
SUPPLIER:
12 . AUTHORITY TO EXECUTE AGREEMENT. Both CITY and SUPPLIER do
covenant that each individual executing this agreement on behalf of
each party is a person duly authorized and empowered to execute
Agreements for such party. IN WITNESS WEREOF, the parties hereto
have caused this instrument to be executed the day and year first
above written.
ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation
By:
SUPPLIER:
By:
APPROVED AS TO FORM:
By:
City Attorney
APPROVED AS TO CONTENT:
John Duan, City Administrator William C. Statler
Director of Finance
C
City of San Luis Obispo
HIGH DUMP MECHANICAL STREET SWEEPER -
MAILING LIST
Nixon Egli Equipment Co.
12030 Clark Street
Santa Fe Springs, CA 90670
Haaker Equipment Co.
3505 Pomona Boulevard
Pamona, CA 91768
P B Loader Manufacturing Co.
P.O. Box 341
Fresno, CA 93708
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