Loading...
2012-31 SUPPLIER AGREEMENT FOR WHEELED REFUSE CONTAINERS THIS AGREEMENT, made and entered into this 1 0TH day of A ? R 1 L 2012, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Flonda (hereinafter referred to as "CITY "), and OTTO ENVIRONMENTAL SYSTEMS, LLC, 12700 General Drive, Charlotte, NC 28273, (hereinafter referred to as "SUPPLIER "). WHEREAS, The City of Ocoee, Florida issued RFP No.: 11 -006 for the provision of wheeled refuse containers; WHEREAS, based on SUPPLIER's response, the City of Ocoee entered into a supply contract with SUPPLIER dated June 21, 2011; WHEREAS, CITY desires to utilize the SUPPLIER's contract with the City of Ocoee in accordance with CITY's procurement policy; and WHEREAS, SUPPLIER desires to enter into a contract with CITY based on the terms and conditions of the City of Ocoee dated June 21, 2011. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The SUPPLIER shall, upon written request or purchase order received from City, supply wheeled refuse containers as described in City of Ocoee contract dated June 21, 2011, which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from SUPPLIER. To the extent of a conflict between this Agreement and Exhibit "A ", the terms and conditions of this Agreement shall prevail and govern. ARTICLE II - THE CONTRACT SUM CITY shall pay SUPPLIER, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule set forth in Exhibit 'B', attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until June 22, 2012, unless terminated as provided for herein. Provided, however, that this Agreement shall automatically renew 1 thereafter under the same terms and conditions contained herein, for four (4) one (1) year renewal terms. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to SUPPLIER, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to SUPPLIER b) SUPPLIER is adjudged to be bankrupt; c) SUPPLIER makes a general assignment for the benefit of its creditors; d) SUPPLIER fails to comply with any of the conditions of provisions of this Agreement; or e) SUPPLIER is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK The SUPPLIER shall provide all items in the timeframe as set forth in the applicable request or purchase order or as set forth in the Agreement Documents, whichever is shorter. ARTICLE V - PAYMENTS In accordance with the provisions fully set forth in the General Conditions, SUPPLIER shall submit a payment request by the third (3rd) day of each calendar month for items provided during the preceding calendar month. CITY shall make payment to the SUPPLIER, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for items provided and accepted by the CITY. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and SUPPLIER shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Flonda, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 2 ARTICLE VII — INDEMNIFICATION 1. To cover to the fullest extent permitted by law, the SUPPLIER shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the SUPPLIER, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person descnbed in this Article. 2. In any and all claims against the CITY or any of its agents or employees by any employee of the SUPPLIER, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall 'not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the SUPPLIER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3. The SUPPLIER hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII - NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. SUPPLIER: Otto Environmental Systems, LLC. 12700 General Dnve Charlotte, NC 28273 CITY: City of Clermont Attn: Wayne Saunders, City Manager 685 W. Montrose Street Clermont, FL 34711 3 y 4 „ . r ARTICLE IX — MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at tnal or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid= and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated b IP by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreement's between the parties with respect to the performance of services by SUPPLIER. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by SUPPLIER, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. SUPPLIER expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Flonda's Public Records Law. SUPPLIER expressly agrees that it will comply with all requirements related to said law and that it will hold CITY harmless, including 4 attorney fees and litigation costs, for any such disclosure related to Florida's Public Records Law. ARTICLE X - AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order 3. June 21, 2011 Agreement between Supplier and City of Ocoee 4. All documents contained in City of Ocoee RFP# 11 -006 and Supplier's response thereto. IN WITNESS W EREOF, the parties hereto have executed this Agreement on this i(``f.(U.. day of t , 2012. City of t OP1 arold S. Turville, Jr., Mayor Attest• Tracy Ackroyd, City Clrk Otto Environmental Systems, LLC. By: k _e /4w for p A 4 al-knirt4 E 0 Printed Name and Title Attest: 44/ Corporate Secret., y Cafrnpbe /I (Name Printed or Typbd) 5 EXHIBIT A Mayor n of Good Livf� Commissioners S. Scott ti'andet grtf't �r r , - i y Gary Hood, District 1 Etz ; Rosemary Wilsen,District2 City Manager v O `�•r O Rusty Johnson, District 3 Robert Frank \ ,` - �;•� _ 1 .4 Joel F Keller, District 4 June 8, 2011 k i Stephen Stradtman, CEO S Otto Environmental Systems (NC), LLC 12700 General Drive Charlotte, NC 28273 NOTICE OF AWARD FOR RFP #11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS PIease be advised that the City Commission awarded RFP #11 -006 to Otto Environmental Systems at the June 7, 2011 City Commission meeting In accordance with the terms of the RFP, you must now execute the contract (two copies enclosed). Return all contract documents to my attention within ten (10) days. The City will date and return a fully executed copy of the agreement to you once executed. The City shall issue purchase orders for the product per the terms of the contract. The City is looking forward to continue working with your company to provide the wheeled refuse containers. Sincerely, Joyce Tolbert, CPPB Purchasing Agent attachments contract cc: Steve Krug, Public Works Director City of Ocoee • 150 N Lakeshore Di the • Ocoee, Florida 34761 phone (407) 905-3100 • fax (407) 905 -3194 • www.ocoee.org TERM CONTRACT FOR PURCHASE OF WHEELED REFUSE CONTAINERS RFP #11 -006 THIS AGREEMENT is made this k day of a.u, ne. ,2011, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City ") and OTTO ENVIRONMENTAL SYSTEMS (NC), LLC, a ah limited liability company, whose mailing address is 12700 General Drive, Charlotte, North Carolina 28273 (hereinafter referred to as the "Contractor "). WITNESSETH: WHEREAS, the City desires to purchase and have delivered from Contractor certain wheeled refuse containers (the "Containers ") as set forth in that certain Request for Proposals #111-006, and any amendments thereto being attached hereto as Exhibit "A "; and WHEREAS, the Contractor has agreed to sell and deliver to the City the Containers pursuant to the terms of this Agreement, and for the amounts specified in the Contractor's Proposal, the Contractor's Proposal and any amendments thereto being attached hereto as Exhibit "B ". NOW THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section I. Scope of Agreement. The terms and conditions of Exhibit "A" attached hereto as well as the terms and conditions of Exhibit `B" attached hereto are incorporated by reference herein as fully as if herein set forth. Section 2. Term of Agreement. This Agreement shall be for an initial term of one (1) year, with the initial term beginning on the date this Agreement is executed by the City (the "Effective Date "). This Agreement will automatically renew for four (4) additional one -year terms, with an optional additional one year renewal unless otherwise terminated hereunder. Section 3. Delivery and Compensation. Contractor agrees to deliver to the City the Containers as specified in Exhibit "A" for the amount specified in Exhibit "B" within thirty (30) days of receipt of an official City Purchase Order therefor. The City may submit any number of City Purchase Orders to Contractor during the term of this Agreement for delivery of Containers on an as- needed basis. Section 4. Payment. All invoices received by the City are payable within (30) days from receipt, provided they have first been approved by the City, and the City has accepted the Containers for which payment is sought. The City reserves the right, with justification, to partially pay any invoice submitted by the Contractor. All invoices shall be in duplicate and directed to: City of Ocoee, Accounts Payable, 150 North Lakeshore Drive, Ocoee, Florida 34761 -2258. NOTE: ALL INVOICES MUST CLEARLY INDICATE: City Agreement #RFP11 -006 — Term Contract for Wheeled Refuse Containers. Section 5. General Conditions. A. Patents and Copyrights. The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in connection with the sale and delivery of the Containers, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Containers or any part thereof, furnished under this Agreement, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. B. Termination for Default. 1. The City has a right to terminate for default if the Contractor fails to deliver the Containers within the time specified in the Agreement, or if the Contractor fails to perform any other provisions of the Agreement. 2. Failure of the Contractor to deliver the Containers within the time specified, or within a reasonable time as determined by the City or failure to replace defective Containers when so requested, immediately or as directed by the City, shall constitute authority for the City to hire another contractor to deliver such Containers. In all such cases, the Contractor or its surety, shall reimburse the City, within a reasonable time specified by the City, for any expense incurred in excess of the Agreement prices. 3. Should public necessity demand it, the City reserves the right to accept Containers which are substandard in quality, without waiving any rights or remedies under this Agreement, subject to an adjustment in price to be determined by the City. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the City that failure to deliver Containers when due to causes beyond the control and without the fault or negligence of the Contractor. C. Termination for Convenience. The City may terminate this Agreement at its convenience with thirty (30) days advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all Containers properly ordered and delivered prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination and other reasonable costs associated with the termination. D. Warranty. The Contractor warrants that the Containers shall be of the highest quality, and be free from all faults, defects or errors. If the Contractor is notified in writing of a fault, deficiency or error in any Container within ten (10) years from delivery thereof, the Contractor shall, at the City's option, either deliver a replacement Container free from such fault, defect or error, at no additional cost to the City or refund to the City the charge paid by the City which is attributable to such faulty, defective or erroneous Container, including the costs for obtaining another contractor to provide a replacement Container. ALL GOODS PROVIDED BY THE CONTRACTOR, SHALL BE MERCHANTABLE AND BE FIT FOR THE PURPOSE INTENDED. THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY CONTAINER DELIVERED UNDER THIS AGREEMENT. E. Time of Completion. The parties understand and agree that time is of the essence in the performance of this Agreement. The Contractor agrees that all Containers shall be delivered within the time specified. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby. However, under such circumstances as described herein, the City may at its discretion, terminate this Agreement for the convenience of the City. F. Indemnification. To the fullest extent provided by law, Contractor shall indemnify, defend and hold harmless the City and all of its officers, agents and employees from all claims, loss, damage, cost, charges or expense including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor, its agents, employees, or subcontractors during the performance of the Agreement. The City shall use its best efforts to promptly notify the Contractor in writing of any Claims and shall provide the Contractor with information regarding the Claims as the Contractor may reasonably request, but the failure to give such notice or provide such information shall not diminish the obligations of the Contractor under this Section. No Claims whatsoever shall be made or asserted against the City by the Contractor for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. G. Replacement of Containers. The Contractor shall promptly replace all Containers rejected by the City as faulty, defective, or otherwise failing to conform to this Agreement. The Contractor shall bear all costs of replacing or correcting such rejected Containers. H. Right to Audit Records. The City shall be entitled to audit the books and records of the Contractor to the extent that such books and records relate to the performance of this Agreement. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under this Agreement unless a shorter period is otherwise authorized in writing. Safety Measures. The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public. J. Familiarity With The Containers. The Contractor by executing this Agreement, acknowledges full understanding of the extent and character of the Containers to be delivered and the conditions surrounding same. The City will not be responsible for any alleged misunderstanding of the Containers to be delivered, or any misunderstanding of conditions surrounding same. It is understood that the execution of this Agreement by the Contractor serves as the Contractor's stated commitment to fulfill all the conditions referred to in this Agreement. Section 6. Miscellaneous Provisions. A. Assignment of this Agreement shall not be made without the advance written consent of the City. B. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to its performance under this Agreement. C. No waiver, alterations, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the City. D. This Agreement is considered a non - exclusive Agreement between the parties. E. This Agreement is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. F. As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims, disputes or other matters in question by mediation Any party shall initiate mediation by serving a written request for mediation on the other party. The parties shall, by mutual agreement, select a mediator within fifteen (15) days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator, then the CITY shall select the mediator who, if selected solely by the CITY shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until the mediator declares an impasse, which declaration, in any event, shall be issued by the mediator not later than sixty (60) days after the initial mediation conference. G. The parties agree that this Agreement was entered into in Orange County, Florida, and that the performance of the parties under this Agreement shall be deemed to be accomplished in Orange County, Florida, and that payment is due in Orange County, Florida, and that the venue for any mediation, collection or enforcement action under this Agreement shall be in Orange County, Florida. The exclusive venue of any litigation or other judicial proceeding between the parties shall be the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. The laws of the State of Florida shall govern the validity, construction and performance of this Agreement without reference to its conflict of laws provisions. H. The undersigned hereby certify that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted proposals for the delivery of the Containers covered by this Agreement and is in all respects fair and without collusion or fraud. As to Contractor, the undersigned hereby warrants and certifies that it is authorized to enter into this Agreement and to execute same on behalf of the Contractor as the act of the said Contractor. I. This Agreement, including Exhibit "A" and Exhibit "B ", contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. [Signature Page Follows j IN WITNESS WHEREOF, Contractor and the City have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written. CONTRACTOR: in , ilD tit4l . sl 4,41-c /%M • L _A Qi • i cox erat m CoMioot __ � l I 1 4 kt/A By: _ /�� ta_jArrl , 1/,0 - Pr nt Name: 7 ar' Name: li f i , Title: Jr G k_ Prin Name:__ KGti' S yel.. CITY: ATTEST: CITY OF OCOEE, FLORIDA f 14,1 #A By: [ ____ _ : eth Eiken•erry, City e k S. Scott Vandergrift, M (SEAL) 1 FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON June 7, 2011 UNDER AGENDA LEGALITY this 91 day of ITEM NO. F.6. 3i , 2011. FOLE & LARDNER LLP By: j7 4 City Attorney EXHIBIT "A" SPECIFICATIONS /SCOPE OF SERVICES RFP #11.006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS All proposals submitted shall meet the specifications outlined in this document for wheeled 96 gallon refuse containers which can be dumped by both semi- automated and fully - automated disposal trucks: Mack cab and chassis with a Heil Python automated side loader system. All proposals must be submitted on the appropriate Proposal Forin attached. GENERAL CITY OF OCOEE INFORMATION Current residential solid waste customers = 12,000 Annual increase in customer base = 400 Current refuse containers = wheeled 96- gallons Current collection method = fully automated arm QUESTIONNAIRE /PRODUCT INFORMATION The proposal must also include the specifications, as written by the City, with a check mark in either the "Yes" or "No" space following each section. By checking the "Yes" space, the Respondent states that the product being proposed conforms exactly to that specification as written. By checking any of the "No" spaces, the Respondent states that the product being proposed does not conform exactly to that specification as written, and that the Respondent is offering an alternative to that specification. When any of the "No" spaces are checked, it must be accompanied by a detailed explaination of the exception. This must be typewritten on a separate sheet in a numbered, orderly, fashion (with reference to the corresponding numbered specifications) so that it can be easily interpreted by the City. The City at its' sole discretion shall accept or reject Respondent's explanation or alternative offered by the Respondent. The City reserves the right to request, at no charge to the City, a sample of each class of the containers from the Respondent at no additional charge to the City. This sample will be kept by the City and will be used in tests conducted by the City or its designated testing agent. Failure to comply with any of the instructions will be cause for the City to reject that proposal RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 18 GENERAL SPECIFICATIONS 1 The wheeled refuse container shall be designed to contain solid waste materials including garbage, refuse, rubbish, and yard clippings. Yes X No 2. The container shall be provided with ade uate wheels and handle so that it c q _ can be pushed or pulled with little effort. Yes X No 3. The containers shall be designed to be dumped by both semi - automated and fully- automated disposal truck systems. Yes X No 4. It will be the responsibility of the Respondent to acquaint themselves with the dumping systems used or proposed by the City. Yes X No MATERIAL SPECIFICATIONS 5. The body and lid of the container shall be molded using only first quality, fully recyclable high density polyethylene from a nationally recognized brand supplier and shall meet all ANSI (American National Compliance) Standards. Yes X No 6. Cart martial shall be one hundred percent (100 %) virgin material and cannot contain any recycled, regenerated, off - specification or wide - specification materials Non - recyclable material such as cross - linked polyethylene will not be acceptable. Yes X No CONTAINER (BODY ONLY) SPECIFICATIONS 7. The container shall be one piece injection- molded construction. Yes X _ No RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 19 8. The actual capacity of the containers must be 96- gallon ( +1- 3 %) as measured according to ANSI Z245.30 -1999 The load rating shall be published in the Respondent's current product brochure. Yes X No Load rating offered is as follows: 96- gallons 3 3 5 pounds 9. Minimum wall thickness of the body shall be no less than 0.155 inches and must meet ANSI standards. The thickness of the container's bottom section shall be no less than 0.180 inches and must also meet ANSI standards. Yes X No 10. The body walls shall have a slight taper to facilitate etnptying. The front two corners of the cart body shall be "shouldered" on the same plane as the rear "hip ", thus forming an overhang around the body of the cart that will greatly augment lifting in fully- automated application. Yes X No 11. To prevent abrasion wear - through, there shall be a ridge molded around the peritniter of the container's bottom surface. This "wear- ridge" shall consist of a molded -on deposit of solid resin material which adds thickness to the container's bottom surface to prevent wear. Yes X No 12. An integrally molded upper lifting "bib" extending approximately 1'h" from the frontal plane of the cart body at it's lower opening shall be the only acceptable method of upper attachment to the refuse vehicle's cart dumper system. Yes X No 13 The integrally molded upper lifting "bib" shall have molded gussets that provide reinforced attachment to the front plane of the cart body to assure adequate support for extended year's of usage. Yes X No RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 20 14. To protect against lifter- interface damage, the gussetts that attach the upper lifting "bib" must provide adequete support for the bib in order to prevent wear and tear on the bib. Yes x No 15. The cart will be fitted with a freely rotating steel lower "stop" bar. This steel bar must be con•osion resistant, minimum 1.0" O.D. and must be 16 gauge wall thickness standards. To avoid potential damage by cart lifting devices, any fastners required to secure the lower "stop" bar in place must be positioned inside the actual body of the cart. Yes X No 16 The container shall be designed to be fit with axles which do not require holes or bolts through the body, to eliminate potential leakage of liquids, escaping odors or entry of insects. Yes X No 17, The container body shall be free of pockets and recessses which could trap debris or harbor odor causing build -up. Yes X No 18. The container body must be able to withstand water infiltration with a molded rim to add structural strength and stability to the container and to provide a flat surface for lid closure. The underside of the rim shall be reinforced with integrally molded -in suport spaced around the entire circumference of the container. This ridge, shall serve as a barrier to escaping odors, intrusion of pests, and to prevent moisture from entering the cart from under the edge of the lid. The rim of the cart must in no way be radiused inward so as to obstruct freeflow emptying of the container. Yes X No COLOR 19. All plastic parts are specifically engineered by the manufacturer to ensure complete even distribution of colorants and shall be stablized against ultraviolet light attack. The color of the containers shall be dark green. Vendor shall supply a sample for approval within 5 working days after the execution of the contract. Yes X No RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 21 WHEELS AND AXLES 20. Complete wheel assembly shall be approximately 10" to 12" in diameter. They shall consist of snap on solidnibber tires pressed onto molded hubs having self - lubricating bearing surfaces. Yes X No 21. For ease of assembly, wheels will be designed as a "snap -on" attachment with a locking mechanism. Wheel assembly using speed nuts ( "palnuts ") will not be considered Yes X No 22. Wheel spacers shall be an integrelly molded -on part of each hub. Yes X No 23. The axle must be at least 3/4" diameter, solid steel, plated to protect against corrosion. Yes X No 24. The axle shall be affixed to the body by passing through or being supported by molded -on, cross - gussetted details. Yes X No 25. There shall be a molded slot where the foot may be placed directly on the axle to aid in tipping. Yes X No LID 26. The lid must be of one piece construction domed, injection'molded of materials meeting ANSI standards to facilitate water run -off. Yes X No 27. No metal hinges will be accepted. Yes X No 28. No lid latches will be accepted Lid will be held closed by its weight only. RFP11.006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 22 Yes X No 29. The lid shall rotate 270 degrees when in the full open position, and hang freely froth the cart body. Yes X No 30. The lid must incorporate a handle so that it may be opened easily and comfortably by the end user. It must have handles on the back to facilitate rolling the cart for garbage placement by customer. Yes x No HANDLE 31. Push -pull handles shall be provided as an part of the container body. Yes X No MARKING 32. "CITY OF OCOEE " will be hot stamped on the right and left sides of the body of the container. Sequential serial numbers shall be hot stamped, on the cart body using a numbering system of the City's choosing. All hot - stamping will be done in I" white block letters, easily visible from a distance. Yes X No STABILITY 33. The containers when empty, must not overturn when the lid is thrown fully open Yes X No 34. The containers must be designed to prevent being turned over by winds up to 35 mph for each carts gallon capacity. Yes X No ASSEMBLY & DELIVERY RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 23 35. Respondents are to provide the total count of individual pat is that combine to make up the cart being offered in this proposal (including every individual molded part, wheel, spacer, bolt washer, etc.)? Total number of individual parts in each cart 8 Respondents are to attach a list identifying each of the parts used in the cart. Show total quantities of each of the individual parts, and provide a list confirming replacement parts pricing for each part. Replacement parts prices are to be firm for the duration of this contract. 36. To minimize cost of assembly and distribution, the carts are to be supplied from the factory with handles, front (lower) "catch" bar and lids completely assembled. To minimize cost of assembly and distribution, only the axles and wheels will require attachment by the City with the option to the city to install lower catch bar. Yes X No 37. Respondent must provide delivery to F.O.B. Destination: 301 Maguire Road Extension Ocoee, Florida 34761. Shipping/delivery costs must be provided on the Proposal Form. Yes x No WARRANTY 38. The container lid, wheels, axle, and all necessary hardware must be covered at a minimum of a ten (10) year warranty. Any component parts which fail in materials or workmanship to perform as originally designed, shall be repaired or replaced at no charge to the City. During the first ten (10) years after delivery, any component of the container, including lid, hardware and all related parts, that are found to be defective in materials and /or workmanship, shall be repaired or replaced at no cost to the City. Yes X No Warranty includes but is not limited to one or more factors listed below. A. Failure of the lid to prevent rain water from entering the container when closed on the container body. B. Failure of the lid hinge to remain fully functional and continually hold the lid in the originally designed and intended positions when either opened or closed. C. Failure of any metal components to remain free of excessive ied rust and corrosion, to be determined by the City. RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 24 D. Failure of any plastic component to be resistant to damage in the event of contact with any common household or residential product /chemicals other than those listed by the Contractor. E. Failure of any portion of the bottom of the container body to remain impervious to wear - through despite repeated contact with rough and abrasive surfaces. If at any time during the ten -year warranty period any container bottom becomes worn through or fractures due to nornal wear and tear, or develops holes so that it leaks when filled with water, such container body shall be replaced in its entirety and without charge under the warranty. F. Failure of the container body, lid, hardware, or any component parts to maintain their original shape G. Failure of the wheels to provide continuous, easy mobility, as originally designed of intended. H. Failure of any container, container body, lid, wheels, or other component part to conform to the minimum standards specified herein (i.e. failure to use only first quality, high density, virgin resin). Yes X No If Respondent responds "No ", the Respondent must detail any warranty items excepted on a separate sheet. ADDITIONAL INFORMATION 1. Respondent shall supply, with the proposal, complete technical data on the particular container being proposed by their company. The information shall include construction specifications. Respondent must provide a detailed user's list which the City may use for references regarding the quality of products and service records of the manufacturer Yes X No RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 25 EXHIBIT B EXHIBIT "B" PROPOSAL FORM RFP #11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS Proposal Item Estimated Unit Price Total Annual Quantity 96- Gallon Container 1,000 $ *$47.72 $ 47, 720.00 Shipping charges 1 Lump Sum $unit cost $ per single full truck Toad of above includes containers freight Shipping charges 1 Lump Sum $ $ per single partial truck toad of 44.00 per unit containers plus $1, 200. freight (Replacement Parts Price List Total $ Separately) 47,720.00 *Includes freight in truckload quantities. Acknowledeement: By signing below, vendor submitting the proposal acknowledges and understands that: 1. The quantities shown are for estimating purposes only and do not reflect the actual order quantity. 2. City intends to place orders for no less than a full truck load when possible. 3. There will be a 3% automatic annual adjustment in costs upon renewal of contract each year. Otto Environmental Systems (NC), LLC Company Name Stephen Stradtman, CEO Author.,' ed Officer (print)// or' ed Signature April 29, 2011 Date RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 26