HomeMy WebLinkAboutItem #06 Approval of RFP #11-006, Term Contract for Wheeled Refuse Containers, OTTO Environmental Systems North America, Inc., Price AdjustmentI 4kl \ -
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AGENDA ITEM COVER SHEET
Meeting Date: October 7, 2014
Item # (
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager:
Subject: RFP #11 -006, Term Contract for Wheeled Refuse Containers, OTTCT Environmental
Systems North America, Inc., Price Adjustment.
Background Summary:
The City Commission awarded OTTO Environmental Srtems North America, Inc., (OTTO) the term
contract for wheeled refuse containers at the June 7 , 2011 Commission meeting. The contract
automatically renews annually for a maximum of five years with a one -year renewal option. The
contract contains provisions for an automatic annual 3% cost escalation upon each renewal and the
vendor may request additional cost adjustments for years three through five. These provisions have
consistently been included in this type of contract due to the market conditions of resin, an oil based
product, from which the carts are fabricated.
OTTO has not exercised their option for the annual cost escalation in previous years, however they are
requesting the 3% escalation for this year along with a price increase for the cost of resin. The request
is in accordance with the General Terms and Conditions of Section 6 and 7 of the contract. Public
Works has reviewed the data provided to confirm through independent sources the resin cost increase
is justified and valid.
Public Works recommends the Commission approve the requested 8.65% increase per cart from
$47.72 to $51.85.
Issue:
Approval of price adjustment per Term Contract for Wheeled Refuse Containers.
Recommendations:
Recommend Commission approve the requested price increase for wheeled 95 gallon carts per RFP
No. 11 -006, Term Contract for Wheeled Refuse Containers with OTTO Environmental Systems North
America, Inc., from $47.72 to $51.85.
Attachments:
Letter from OTTO Environmental Systems North America, Inc., September 22, 2014.
RFP #11 -006, Term Contract for Purchase of Wheeled Refuse Containers.
Financial Impact:
The price increase was anticipated and adequately covered in the Sanitation budget.
Type of Item: (please mark with an z')
Public Hearing
For Clerk's Deft Use:
Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
X Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
N/A
Reviewed by Finance Dept. j.
N/A
Reviewed by ( )
N/A
2
OTTO Environmental Systems North America, Inc.
12700 General Drive
* O Charlotte, North Carolina 28273
Telephone (800)795 -6886
Facsimile (704)588 -9370
September 22, 2014
Stephen Krug
Public Works Director
City of Ocoee
301 Maguire Rd
Ocoee, FL 34761
RE: RFP No. 11 -006 Term Contract for Wheeled Refuse Containers
Dear Mr. Krug:
In reference to the above - mentioned contract, Otto Environmental Systems is requesting a price adjustment that would
reflect the increased price in raw materials passed on to Otto by its vendors.
As you recall, since the award of this contract over three years ago, Otto has not raised the price despite price increases
and market conditions. However, it has become increasingly difficult to contain these additional costs and not pass them
onto our customers. We are hereby requesting a price increase allowed through General Terms and Conditions
Section 6 and 7, Page 9 and is based on the annual cost escalation clause as well as the Historical Resin Prices for
Commodity Thermoplastics. We request that the City of Ocoee grant an eight and thirteen- twentieth percent (8.65 %)
increase, based on the year two 3% cost escalation and the increase in resin from July, 2013 ($0.955 / Ibs) to September,
2014 ($1.045 /lbs).(see graph below).
Producer Price Index Industry Data
Historical Resin Pricing
Commodity Thermoplastics
RESIN: HDPE
RESIN GRADE: Injection GP
VOLUME: Annual volumes greater than 20 million pounds.
Current Pricing
Low
High
As of Date Low
High
Avg
22- Sep -14 104
105
104.5
2014
96
95.5
Change Date Low
High
Avg
03- Mar -14 104
105
104.5
2013
Change Date
Low
High
Avg
30- Sep -13
100
101
100.5
08- Jul -13
95
96
95.5
18- Mar -13
93
94
93.5
28- Jan -13
89
90
89.5
oho
General Terms and Conditions Section 6 and 7 (From Original Bid)
COST ESCALATION
An automatic annual 3% cost escalation shall be applied for all proposal prices shown
on the Proposal Form upon each renewal.
OTHER COST ADJUSTMENTS
For the year 3 through year 5 of the contract, the vendor may request a cost adjustment as
dictated by certain unanticipated market conditions caused by material costs or other
unanticipated factors. Vendor may submit a detailed market analysis acceptable by the
City for consideration. Any requested cost adjustments shall be subject to approval by
the City Commission.
During the first annual renewal Otto was not granted the automatic annual 3% cost escalation as stated in the General
Terms and Conditions section 6. Being granted the 3% increase, the price for the Universal Carts would change by $1.43.
Otto bid this project originally based on a resin price of $0.955/lbs. Given the increase in the PPI, the resin price has
increased 6.2% over the past 14 months, resulting in an increase of $0.09 /lb, for a total current price per pound of
$1.045/lb. The prices would change for the Universal Carts that the City of Ocoee purchases by $2.70. The total
combined change in price per cart is as follows:
Existing Price Year two 3% Increase
Otto - MSD 95 Gallon Container $47.72 $1.43
Resin Increase New
($0.09 x 30lbs) Price
$2.70 $51.85
The above prices include all applicable taxes & surcharges, and include freight shipped from our plant in Charlotte, North
Carolina. Pricing will become effective upon your review and agreement.
We appreciate your working with us on this, and we appreciate the partnership and business we've enjoyed with the City
of Ocoee over the past 3 years. Please give me a call if you have questions on this correspondence, and we look forward
to continuing to work with the City of Ocoee in the future!
Respectfully,
A& A ( etkl
Otto Environmental Systems
Municipal Manager - Eastern Region
704 - 726 -6315
modekirk(c).otto- usa.com
ETA!' 11#4
Otto Environmental Systems
FL Area Manager
704402 -7890
Jhigh o otto- usa.com
TERM CONTRACT FOR PURCHASE OF
WHEELED REFUSE CONTAINERS
RFP #11 -006
THIS AGREEMENT is made this a \ day of _y� �� ,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 �Ye�
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 #11 -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 1 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 terra 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,
Acco Payable, 150 North Lakeshore Drive, Ocoee, Florida 34761 -2258.
NOTE: ALL INVOICES MUST CLEARLY INDICATE: City
Agreement #RFPII -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 br
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 auditth6 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.
1. 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 he 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 G 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.
1. 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.
Si nature Page Follows
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:
1A ' &Y 1 4. heA - 41S
ATTEST:
IlAw
By,,X
Name:
Title:
, '
CITY:
CITY OF OCOEE, FLORIDA
eth Eileen erry, City e k
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
2011.
FOLE & LARDNER LLPf�
By:
By:
S. Scott Vandergrift, M
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON June 7, 2011 UNDER AGENDA
ITEM NO. F.6.
City Attorney
EXHIBIT "A"
REQUEST FOR PROPOSAL
AND ANY AMENDMENTS THERETO
Otto Environmental Systems (NC), LLC
12700 General Drive
Charlotte. North Carolina 28273
Telephone ( 704) 588-9191,(800) 227 -5885
Facsimile (704) 588 -5250
www.otto- usa.com
April 29, 2011
Joyce Tolbert
Purchasing Agent
City of Ocoee
Finance /Purchasing Department
150 N. Lakeshore Drive
Ocoee, FL 34761
Re: RFP No. 11 -006 Term Contract for Wheeled Refuse Containers
Bid Due: May 3, 2011 at 2:00 p.m.
Dear Ms. Tolbert:
Otto is pleased to respond to the opportunity to bid the container program within the City of
( Ocoee. As the City's sole vendor since the inception of its automation program, we are
pleased to have the opportunity to renew and work with Ocoee for all of its future needs.
As Ocoee's fleet of carts continue to age, we have been happy to provide you with any
parts that are required to keep the fleet up and running. We truly feel as if Otto and the City
of Ocoee are "partners" in being able to provide you with a standard of cart and service that
you require.
Please review the attached documents and pricing, and know that Otto stands ready to
continue our winning programs within the City. Staying with the tried-and-true cart supplier
will result in overall savings to the City in order to stay consistent with the cart model and
parts required to continue your successful collection activities.
If there are any questions on the attached, please do not hesitate to contact me, and we
look forward to continuing our 15+ year relationship in the future!
Sincerely,
{
High
rea Manager
Mayor
S. Scott Vandexgrift
City Manager
Robert Frank
� e CenCer of Goo 1D�
":
= ,
- -
Commissiouere
Gary Hood, District 1
Rosemary Wilson,District2"
Rusty Johneon, District 3
Joel Keller, District'4'
April 27, 2011
ADDENDUM NO: ONE (1)
CITY OF OCOEE
RFP #11 -006
TERM CONTRACT FOR WHEELED REFUSE CONTAINERS '
This addendum consists of two 2 pages, and shall modify and become a part of the ;origirjal
RFP documents for the Term Contract for Wheeled Refuse Containers. Respondents shall
acknowledge receipt of this Addendum in the space provided on p.14 of the RFP documents.
Failure to do so may subject the Respondent to disqualification.
Revisions and/or Clarifications to the RFP documents are as follows:
REVISION 1: Samples: Section 9, P. 10 and Specifications /Scope of Services,
Questionnaire/Product Information, Paragraph 5, p. 18: These Sections are revised to read-that'
the Cityre uires samples of the container proposed, at no charge to the City. The container shall
be delivered with your proposal to City of Ocoee City Hall, AT N: Joyce Tolbert, Purchasing
( Agent, 150 N. Lakeshore Dr., Ocoee, FL 31761 on or before the proposal due date and time.
Proposals not accompanied by a sample container will be considered non - responsive.
As stated in the RFP document, this sample will be Icept by the City and will be used in tests
conducted by the City or its designated testing agent. If not called for within fifteen days from
date of proposal opening the container will be disposed of in the best interest of the City. .
REVISION 2: Please note that the specifications are intended as m i nimum and preferred
guidelines; and containers meeting equivalent specifications will be accepted, provided it meets
budgetary constraints. Please submit a proposal on only one (1) type of Wheeled Refuse
Container that best meets the specifications_ Please Tollow the instructions for the Specification
Questionnaire on p.18 of the RFP document for proposing an alternate.
Ql. , Page 9, Item 6, offers an automatic anneal 3% cost escalation and Item 7 offers a cost
adjustment for years 3 -5 of the contract as dictated by unanticipated market conditions,
Wiith the volatility of resin costs historically and ongoing, would the City allow the terms
of Item 7 to apply for year 2 through year 57
Al. No., The Respondent should anticipate market conditions and submit their proposal
accordingly as these terms have historically been part of the City's contract.for wheeled
refuse containers.
City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761
phone: (407) 905 -3100 • fax: (407) 905 -3194 • www.ouoee.org
Q2. Page 19, Item 5, requires the use of HDPE for both body and lid. Item 7 requires injection
molded construction. Would the City allow cart bodies to be rotationally molded using .
medium density polyethylene (MDPE)?
r
A2. See Revision 2 above.
Q3. Page 20, Item 9, requires a minimum wall thickness of no less than 0.155" and must meet
ANSI standards. We respectfully request that the City allow carts with a minimum nominal
0.172" wall thickness throughout the cart, If the City desires, this requirement maybe
specified for rotationally molded carts only.
A3. See Revision 2 above,
Q4. Page 22, Item 20, requires snap on solid rubber tires pressed onto molded hubs. Would the .
City require the industry standard all - plastic snap -on Knobby wheels to be proposed, with a
place in the pricing pages to present an optional add -on for the Rubberized wheel?
M. See Revision 2 above.
Q5. Page 22, Item 23, requires at least 3 / " diameter axles. Will the City change this
specification to allow 5/8" diameter axles?
A5. See Revision 2 above.
Q6. Please clarify 4 -5 E section where it states "...negotiation of a lease agreement. , .." A lease
( agreement isn't mentioned anywhere else in the bid -Is this a typo?
A6. Page 4 -5, Section E, Sentence 3 is changed to read: The selection committee shall supply a
ranked list of the proposing firms and a tecommendation to the City Commission regarding
which firm(s) should be awarded the contract by the City Commission,
Q7. We are not quite sure what the City is asking for in Section 10 on page 20. Would the City
please clarify?
AT This specification is to ensure the cart does not slip out of an automatic lifting. arm when
being emptied.
Q8, On'yage 23 #30 the cart handle spec states the handle has to be apart of the lid, but then
says that it has to have handles on the back. To our knowledge, all major manufacturers'
containers have handles on the back of the container, but they are not a part of the lid itself,
We respectfully request that the City consider amending this specification.
A8: See Revision 2 above.
i c bent, CPPB
Purchasing Agent
RFP11006 Addenduuml 0 2
C .3 - o. f o! ��w3rr
Ma or •fi�i� Commissioners
S. Scott Vandergrift _ Gary Hood, District l
Rosemary Wilsen, District 2
City Manager �� Rusty Johnson, District 3
R.obet t Frank r� Joel F. Keller, District 4
Florid-) 5
CITY OF OCOEE
REQUEST FOR PROPOSALS
RFP# 11 -000
TERM CONTRACT FOR
WHEELED REFUSE CONTAINERS
RFP DOCUMENTS
Section Page
Legal Advertisement 3
Proposal Instructions 4-6
General Terms & Conditions 7-17
Summary of Litigatlon ", p. 14
Acknowledgement of Addenda *, p.14
List of Subcontractors`, p. 14
Equipment Listing* p. 15
References /Experience" p. 15
SCOPE OF SERVICES, PROPOSAL. FORM, AND PROPOSED AGREEMENT ,
,r
section P:a4e '
ExhlbIt A Specifications /Questionnaire* 18
Exhibit B - Proposal Form* 26
Exhibit C — Proposed Agreement 28
Company Informatlon and Signature Sheet, p. 27
*Submit with Proposal
End Table of Contents
R1717117,006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS
Request for Proposals, Legal Advertisement
The City of Ocoee, Florida, (City) Is soliciting sealed proposals for RFP# 11 -006 TERM
CONTRACT FOR WHEELED REFUSE CONTAINERS. Proposals will be received at the office
of Joyce Tolbert, CPPB Purchasing Agent, Finance/ Purchasing Department, Second Floor, 150
North Lakeshore Drive, Ocoee, Florida 34761 until 2;00 P.M., local time, on May 3,.2011.
Proposals received after that time will not be accepted under any circumstances. Sealed
proposals that have been timely received will be publicly opened and read aloud at that time. No
Pre - proposal Conference is scheduled at this time. Prospective respondents may secure a copy
of the documents required for submitting a proposal through Onvia /Demandstar by accessing
the City's website at http: / /www.ocoeo.org under Finance /Purchasing. Partial sets, of the '
documents required for submitting a proposal will not be issued. By using Onvia /Demandstar,
prospective respondents will be provided with all information regarding this RFR' and
addendums and changes to the project requirements; fees may apply for non - members.
Membership with Onvia /Demandstar is not required to submit a proposal. Persons other than
prospective respondents may inspect the documents required for submitting a proposal at the
Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons
Inspecting the documents at the City Clerk's office that request copies will be required to pay a
fee, as prescribed by statute. Beth Eikenberry, City Clerk, April 10, 2011.
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 3
CITY OF OCOEE
REQUEST FOR PROPOSALS (RFP) # 11 -006
TERM CONTRACT FOR WHEELED REFUSE CONTAINERS
A. Sealed proposals for RFP 911 -006 will be received by the City of Ocoee, hereinafter
called "City," from any person, firm, corporation, or agency, hereinafter called
"Respondent" or "Proposer ", submitting a proposal for the services being solicited_ Each
Respondent shall furnish the information required on the proposal form supplied and
each accompanying sheet thereof on which an entry Is made. Proposals submitted on
any other format shall'be disqualified. Proposals must be typewritten or handwritten
using ink; do not use pencil. Proposal documents must be submitted under, the
signature of a legally responsible representative, officer, or employee and should be
properly witnessed and attested. All proposals should also include the name and
business address of any person, firm, or corporation interested In the proposal, either as
a principal, member of the firm, or general partner. If the Respondent is a corporation,
the proposal should include the name and business address of each officer, director,
and holder of 10% or more of the stock of such corporation.
B. Any Questions or concerns regarding this RFP should be addressed in writing to the
Finance /Purchasing Department, City of Ocoee, FL, Attention: Joyce Talbert,
Purchasing Agent (407) 905 -3100, extension 1516 and fax (407) 905 -3194 or email'
itolbertCcDci.ocoee.fl.us and must be received not later than April 26, 2011, at 2:00 p.m.
In order to receive an answer. Any ciarificationslchanges will be only through written
addenda issued by the Purchasing Agent. Respondents should not contact City staff,
with the exception of the Purchasing Agent, or other City consultants for information
regarding this RFP before the proposal award date. Any contact with any other member
of the City Staff, City Commission, or its agents during the solicitation, award, and
protest period may be grounds for disqualification.
C. Proposals must describe the qualifications of the firm planning to provide services. The`
proposal shall be presented as one (1) original and four (4) copies. The entire proposal.
package shall be received by the Finance Department not later than 2:00 P.M., local
time, on May 3, 2011. Proposals received by the Finance/Purchasing Department after
the time and date specified will not be considered, but will be returned unopened.
"Postage Due" items will not be accepted. Proposals or any information transmitted by
fax or e-mail will not be accepted. Proposals shall be delivered in a sealed envelope,:
clearly marked with the RFP number, title, and closing date and time, to:
City of Ocoee FinancelPurchasing Department
Attention: Joyce Tolbert Purchasing Agent
Y J J
150 N. Lakeshore Drive
Ocoee, FL 34761 -2258
D. No Pre- Proposal Conference is scheduled at this time.
E. Proposals will be reviewed by a selection committee appointed by the City Manager, and, "
wilt <be. ranked in accordance with the established selection criteria. Date,'time,: ;and
location of any scheduled selection committee meeting(s) for this RFP will be noticed
publicly and on Demandstar. The selection committee shall supply a ranked list of the:
proposing firms and a recommendation regarding which flrm(s) should be selected by
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS
f
the City Commission for negotiation of a lease agreement. Please be aware that all City
Commission meetings are duly noticed publlc meetings and that all documents
submitted to the City as a part of a proposal constitute public records under Florida law.
F. All Respondents shall thoroughly examine and become familiar with this RFP package
and carefully note the items specifically required for submission of a complete proposal.
G. Submission of a proposal shall constitute an acknowledgment that the ,
Respondent has complied with the Instructions of this RFP. The failure or neglect
of a Respondent to receive or examine a document shall in no way relieve it from any
obligations under its proposal or the contract, No claim for additional compensation will
be allowed based upon a lack of knowledge or understanding of any of the contract
documents or the scope of services. Proposals shall be in compliance with the contract
documents and scope of services. All costs to prepare and submit proposals shall
be the responsibility of the Respondent and the City shall make no reimbursement
of any kind.
H. Any response by the City to a request for information or correction will be made in the
form of a written addendum, which will be distributed via Demandstar. It shall be the
responsibility of each Respondent to obtain a copy of all issued Addenda. The City
reserves the rlght to issue Addenda concerning the date and time when proposal
acceptance shall dose at any time up to the date and time set for proposal closing. In
this case, proposals that have been received by the City prior to such, an addendum,.
befng Issued will be returned to the Respondent, if requested, unopened. In case any:
Respondent falls to acknowledge receipt of any such Addendum In the space
provided in the RFP documents, Its proposal will nevertheless be construed as
though the Addendum had been received and acknowledged. Submission of a
proposal will constitute acknowledgment of the receipt of the RFP Documents and
all Addenda, Only interpretations or corrections provided by written Addenda shall be
binding on the City. Respondents are cautioned that any other source by which', a
Respondent receives information concerning, explaining, or interpreting the RFP
Documents shall not bind the City.
I. Any of the following causes may be considered sufficient for the disqualification and
rejection of a proposal:
a) Submission of more than one (1) proposal for the same work by an Individual, firm,
partnership, or corporation under the same or different name. For purposes of this
subparagraph, firms, partnerships, or corporations under common control may be
considered to be the same entity;
b) Evidence of collusion between or among the Respondents;
c) Being in arrears on any existing contracts with the City or in litigation with,the City_
or having defaulted on a previous contract with the City;
d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any
other party on prior projects that, in the City's judgment and sole discretion,, raises .
doubts as to the Respondent's ability to property perform the services; or
e) Any other cause that, in the City's judgment and sole discretion, is sufficient ;to:
justify disqualification of Respondent or the rejection of its proposal.
J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has
been placed on the convicted vendor list following a conviction for a publle entity crime
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 5:
i
may not submit a proposal on an award to provide any goods or services to a public
entity, may not submit a proposal on on award with a public entity for the construction or
repair of a public building or public work, may not submit proposals on leases of real
property to a public entity, may not` be awarded or perform work as a Contractor
Supplier, Subcontractor, or. Consultant under an award with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided
in section 287.017 for Category Two for a period of 36 months from the date of, being
placed on the convicted vendor list. [Seo Florida Statute 287.133 (2) (a).]
K, FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida
Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and
other applicable State and Federal Laws, all Respondents should be aware that the
proposal and the responses thereto are in the public domain and are available for public
inspection. Respondents are requested, however, to identify specifically any information
contained in their proposal that they consider confidential and /or proprietary and which
they believe to be exempt from disclosure, citing specifically the applicable exempting
law. All proposals received In response to this request for proposals become the
property of the City of Ocoee and will not be returned. In the event of an award, all
documentation produced as part of the contract will become the exclusive property of the
City.
L_ NO WARRANTY REGARDING RFP DOCUMENT PACKAGE.
The City does not warrant or guarantee the accuracy of any information contained in, the
RFP Packet. Each respondent is responsible for independently satisfying himself as to
the accuracy of all Information. It is the responsibility of each respondent submitting,a'
proposal to undertake prior to submission of a proposal such Investigations as they may
deem appropriate to satisfy themselves as to the condition of the property.
M. ACCEPTANCE AND AWARD. The City reserves the right to acceptor reject any or
all proposals, to waive formalities, technicallties or irregularities, to request
clarification of Information submitted in any proposal, or to re- advertise for new
proposals. The City may accept any item or group of items of any proposal,
unless the Respondent qualifies its proposal by specific limitations. The.Clty.may
accept one or more proposals if, in the City's discretion, the City determines that
It Is in the City's best interest to do so.
The City reserves the right to award the contract to the Respondent(s) which, In
the City's sole discretion, Is (are) the most responsive and responsible. The City
reserves the right, as an aid in determining which proposals are responsible, to
require a Respondent to submit such additional evidence of Respondent's
qualifications as the City may deem necessary, and may consider any evidence
available to the City of the financial, technical, and other qualifications and
abilities of a Respondent, including past performance (experience) with the City
and others. The City Commission shall be the final authority in the selection of
any and all proposals for acceptance and award.
1,. : BID SECURITY:
RFP #11 -006 GENERAL TERMS & CONDITIONS:
a) Each proposal must be accompanied by a Cashier's /Certified Check upon an
Incorporated bank or trust company 6r a Bid Bond in an amount equal to ONE
THOUSAND DOLLARS ($1,000.00). A combination of any of the former is not
acceptable. Cash or company check will not be accepted as Bid Security.; The
cashier's check or Bid Bond is submitted as a guarantee that The Respondent, if
awarded the Contract, will, after written notice of such award, enter Into a written
Contract with the City and as a guarantee that the Respondent will not withdraw its
proposal for a period of ninety (90) days after the scheduled closing time fo(the
receipt of proposals, in accordance with the accepted proposal and RFP documents.
b) In the event of withdrawal of said proposal within ninety (90) days following the
opening of proposals, or Respondent's failure to enter into said contract with the City
or failure to provide the City with other requirements of the contract documents or the
RFP after issuance of Notice of Intent to Award by the City, then such Despondent
shall be liable to the City in the full amount of the check or Bid Bond and the City
shall be entitled to retain the full amount of the check or to demand from the Surety
the penal sum of the Bld Bond as liquidated damages and not a penalty.
c) Surety companies executing bonds shall be duly insured by an Insurer or corporate
surety and signed by a licensed agent who holds a current Power of Attorney from
the surety company issuing the bond.
d) The cost of the required Bid Bond and required insurance coverage is to be included
in the Respondent's overhead and is not eligible for reimbursement as a separate
cost by the City. The checks of the three (3) most favorable Respondents will be
returned within three (3) days after the City and the successful Respondent have
executed the contract for work or until the 91 day after proposal opening, whichever
is earlier. The remalning checks will be returned within thirty (30) days after. the:
opening of proposals. Bid Bonds will be returned upon request following the same
criteria as a check
2. PERFORMANCE BOND:
No Performance or Payment bonds are required. -
3. PATENT INDEMNITY:
Except as otherwise provided, the successful Respondent agrees to indemnify the City:
and its officers, agents, and employees against liability, including costs and expenses,"
for infringement upon any letters patent of the United States arising out of the,
performance of this contract.
Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its
officers, agents, and employees from any suits, actions, damages, and costs of every,
name and description, including attorneys' fees, arising from or relating to violation` or,
infringement of a trademark, copyright, patent, trade secret, unpatented. invention; or,
intellectual property right. If the Respondent uses any design, device, or materials
covered by letters, patent, or copyright, it is mutually agreed and understood without
exception that the proposal price shall include all royalties or cost arising from the;uso,of
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS r7
such design, device, or materials
4. DEFAULT:
As a result of proposals received under this Invitation, the award of the contract may be.
based, In whole or in part, on delivery and specification factors. Accordingly, should the
Contractor not meet the delivery deadline(s) set forth in the specifications or should the
Contractor fail to perform any of the other provisions of the specifications and /or other ,
contract documents, the City may declare the Contractor in default and terminate the.`
,whole or any part of the contract. Upon declaring the Contractor in default: and the
contract in whole or In part, the City may procure and /or cause to be delivered the
equipment, supplies, or materials specified, or any substitutions thereof and the
Contractor shall be liable to the City for any excess costs resulting therefrom. In the
event the Contractor has been declared in default of a portion of the contract, the
Contractor shall continue the performance of the contract to the extent not terminated '
under the provisions of this paragraph. Where the Contractor fails to comply with any of
the specifications, except for delivery deadline(s), the City may, in its discretion, provide
the Contractor with written notification of its intention to terminate for default unless
prescribed deficiencies are corrected within a specified period of time. Such notification
shalt not constitute a waiver of any of the City's rights and remedies hereunder.
S. PRICING:
Pricing should be provided as indicated on the Proposal Form attached as Exhibit S, to
include any alternate proposals. Please note that alternate price proposals will not be
accepted unless specifically called for in the Specifications /Proposal Form. The City
intends to purchase the containers in bulk quantities with a minimum of 100 units O' s
needed throughout the life of the contract. The minimum and maximum quanilty. of
annual purchases are unknown. The numbers shown on the Proposal. Form Vre
approximate for estimating purposes only and are not guarantee of quantities purchased
by the City.
Respondent shall enter the total for each proposal Item as shown on the Proposal Form.
Cost of preparation of a response to this RFP is solely that of the Respondent.ancl the
City assumes no responsibility for such costs incurred by the Respondent.
The Proposal Form may not be completed in pencil All entries on the Proposal Form;
shall be legible. The City reserves the right, but does not assume the obligation, to. ask
a Respondent to clarify an illegible entry on the Proposal Form. If the Proposal Form
requires that the proposed price, or constituent portions of the proposed price, be stated
in unit prices and total price; the unit prices and the total price for the stated number of
units Identified on the Proposal Form should be provided by the Respondent and be
correctly computed. If there is an arithmetical conflict between the unit price stated by
the Respondent on the Proposal Form and the total price stated by the Respondent on
the Proposal Form, the unit price stated by the Respondent on the Proposal Form shall
take precedence. The City may unilaterally correct such arithmetical conflict on the
Proposal Form to calculate the total price, utilizing the unit prices that have been
Identified by the Respondent_ The taking of such action by the City shall not constitute
grounds for the Respondent to withdraw its proposal nor shall it provide a defense
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 6
r �,
constituting discharge of the proposal bond. The City reserves the right, but does not
assume the obligation, to waive any mistake, omission, error, or other irregularity that
may appear on the Proposal Form. However, the City reserves the. right to reject
Proposal Forms that are incomplete or contain Information that is not required as being:
non- responsive.
a) The prices have been arrived at Independently, without consultation, communlcation,
or agreement for the purpose of restriction competition, as to any matter relating to. .
such prices with any other Respondent or with any competitor;
b) Unless otherwise required by law, the prices which have been quoted in this
proposal have not been knowingly disclosed by the Respondent and will not
knowingly be disclosed by the Respondent prior to opening, directly or indirectly to
any other Respondent or to any competitor,
c) No attempt has been made or will be made by the Respondent to Induce any other
person or firm to submit or not to submit a proposal for the purpose of restricting,
competition. Every contract, combination or conspiracy in restraint of trade or
commerce in this State is unlawful (s. 542.98, Florida Statutes, and all applicable
federal regulations);
d) Respondent warrants the prices set forth herein do not exceed the prices charged by
the Respondent under a contract with the State of Florida Purchasing Division; and
e) Respondent agrees that supplies /services furnished under this proposal, if awarded,
shall be covered by the most favorable commercial warranties the Respondent gives
to any customer for such supplies /services and that rights and remedies provided
herein are in addition to and do not limit any rights offered to the City by any other,
provision of the proposal award.
6. COST ESCALATION
An automatic annual 3% cost escalation shall be applied for all proposal prices shown
on the Proposal Form upon each renewal.
7. OTHER COST ADJUSTMENTS
For the: year 3 through year 5 of the contract, the vendor may request a cost adjustment
as dictated by certain unanticipated market conditions caused by material costs .or other.
unanticipated factors. Vendor may submit a detailed market analysis acceptable by.'the
City for consideration. Any requested cost adjustments shall be subject to approval by
the City Commission.
8. DISCOUNTS;
a) Trade and time payment discounts will be considered in arriving at new prices andan
making awards, except that discounts for payments within less than 30 days will not'
be considered in evaluation of proposals. However, offered discounts will be taken
for less than 30 days if payment is made within discount period.
b) In connections with any discount offered, time will be computed from date of delivery
and acceptance at destination, or from the date correct invoice is received in the
office of Finance, whichever Is later. Payment is deemed to be made, for the
purpose of earning the discount, on the date of City Check.
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 9
I
9. SAMPLES:
Samples of items, when required, must be furnished free of expense to the City and, if
not called for within fifteen days from date of proposal opening, same will be disposed of
in the best interest of the City.
10. LITERATURE:
If required by the scope of work or the specifications, descriptive literaturelbrochu(es
shall be included with this proposal in order to properly evaluate make/model offered,,
Proposals submitted without same may be considered non - responsive and disqualifled.
11. AWARD CRITERIA:
The contract will be recommended to be awarded to one or more Respondents
according to the Selection Criteria set forth in this RFP document.
12. BID PROTESTS:
All Bid Protests shall be submitted to the Purchasing Agent in the following manner:
a) A Respondent shall file a written proposal protest under this Article or be barred any
relief; oral protests shall not be acknowledged.
b) A proposal protest shall be limited to the following grounds: (a) issues arising from
the procurement provisions of the RFP, its addenda, and other proposal documents;
and /or (b) applicable federal, state, or local law. No bid protest may be based upon.
questions concerning the design documents (drawings and specifications); If any,
The Respondent shall clarify all questions concerning the design documents of the
project prior to submitting its proposal.
c) The content of the bid protest shall fully state the factual and legal grounds for the
protest and the legal basis for the relief requested.
d) The bid protest shall be filed with the Purchasing Agent not later than. three 3)'
calendar days after the posting of the notice of intent to award or recommendatlon "of
award by staff, whichever is earlier.
e) The Purchasing Agent, on behalf of the City, shall make a determination of the merits
of the protest not later than five (5) business days after receipt of the protest. If
Owner denies the protest, Owner may proceed with award of the contract unless
enjoined by order of a court of competent jurisdiction.
13. PAYMENT TERMS:
The City shall issue an official City Purchase Order for products based on the terms of
the contract. Upon delivery and acceptance by the City, vendor shall submit an official
invoice for payment. Payment for work completed will be made within (30) days of
approved invoice. No payment will be made for products ordered without proper
purchase order authorization. Payment cannot be made until materials, 'goods or
services, have been received and accepted by the City in the quality and quantity
ordered.
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 10
The City of Ocoee, Florida has Florida Sales & Use Tax Exemption Certificate No.. 85-
8013779974C -0; and, pursuant to Chapter 212, Florida Statutes, is exempt from federal
excise; state, and local sales taxes.
14. CONTRACT:
The successful Respondent will be required to enter into a contract with the City, The
contract shall automatically be renewed annually unless terminated by the City in writing,
for a maximum of five (5) years from the date of execution, with an optional one year
renewal. Any contract resulting from this solicitation is deemed effective only to the
extent of budget appropriations available, The City may, In Its sole discretion, award any
additional services, whether in the existing areas of the scope of work or in any'l.a rea
additional to those in the existing scope of work, to any third party or the City's own
employees. Contractor will be expected to cooperate with any or all other contractors
who may be performing services for the City.
15, SAFETY REQUIREMENTS:
The Respondent guarantees that the services to be performed and the goods to be
provided herein shall comply with all applicable federal, state, and local laws,
ordinances, regulations, orders, and decrees, including, without limitation, such of the
following acts as may be applicable: Federal Consumer Product Safety Act, Federal
Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous
Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable
environmental regulations,
a) All contractors are required to comply with the Congressional Federal Register (CFR)
of the U.S. Department of Labor, Occupational Safety and Health Administration
(OSHA) Construction Industry, Part 1926, and CFR 1910- General Industry
Standards that are applicable in construction work.
b) The prime contractor is not only responsible for the safety aspects of his operation
and employees, but also that of all subcontractors on the Job site.
c) The Contractor must assure that a certified first aid person is designated, phone
numbers of physicians, hospital, and ambulance services are posted (copy to
Personnel Director, City of Ocoee), and that a first aid kit is available.
d) All individuals are required to wear hard hats on all construction sites,
e) Provlde personal protective equipment that may be required for jobs in progress
(e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts,
etc.);
f) Observe the speed limit on City property.
g) Construction areas cleaned 421!y; excavations must be barricaded or flagged until
backfilled. In some cases, bracing, shoring and sloping may be required.
h) Scaffolds shall have guard rails on all open sides and be secured to prevent
displacement.
i) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided:
and combustible materials cleaned up.
j) All heavy equipment must have, where applicable: (a) back -up alarms, (b) boom
angle indicator, (c) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of
hook and other items in accordance with OSHA 1926.550 and ANSI 830.5.
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS I,�,
k) Personal fall protection must be provided at elevations exceeding ten (10) feet.
16. DRUG -FREE WORKPLACE:
if applicable, provide a statement concerning the Respondent's status as a Drug-Free,.:
Work Place or evidence of an implemented drug -free workplace program.
17 CERTIFICATION OF NON - SEGREGATED FACILITiES
a) Respondent certifies that it does not and will not maintain or provide any segregated
facilities for the Respondent's employees at any of the Respondent's establishments,
and that Respondent does not permit Respondent's employees to perform their
services at any location under the Respondent's control where segregated facilities
are maintained. Respondent agrees that a breach of this certification will be a
violation of the Equal Opportunity clause in any contract resulting from acceptance of
its Proposal. As used in this certification, the term "segregated facilities" means any
waiting room, work areas, time clocks, locker rooms, other storage and dressing
areas, parking lots, or drinking facilities provided for employees that are segregated
on the basis of race, color, religion, national origin, habit, local custom, or otherwise.
Respondent agrees that (except where Respondent has obtained identical
certification from proposed contractors for specific time periods) Respondent will
obtain Identical certifications from proposed subcontractors prior to the award of such
contracts exceeding $10,000 that are not exempt from the provisions of the Equal
Opportunity clause, and that Respondent will retain such certifications , in
Respondent's files.
b) The non - discriminatory guidelines as promulgated in Section 202, Executive Order`
11246, and as amended by Executive Order 11375 and as amended, relative to
Equal Opportunity for all persons and Implementations of rules and regulations
prescribed by the U.S. Secretary of labor, are incorporated herein.
18. STATEMENT OF AFFIRMATION AND INTENT:
a) Respondent declares that the only persons or parties interested in their proposal are ,
those named herein, that this proposal is, in all respects, fair and without fraud and:
that it is made without collusion with any other vendor or official of the City of Ocoee::
Neither the Affiant nor the above -named entity has directly or indirectly entered into,.
any agreement, participated In any collusion, or otherwise taken any action _`in'
restraint of free competitive pricing in connection with the entity's submittal for the
above project. This statement restricts the discussion of pricing. data until the,
completion of negotiations and execution of a contract for the described services;,
b) Respondent certifies that no City Commissioner, other City Official, or City employee
directly or indirectly owns assets or capital stock of the Responding entity, nor awill:
directly or indirectly benefit by the profits or emoluments of this proposal. (For
purposes of this paragraph, indirect ownership or benefit does not include ownership
or benefit by a spouse or minor child.)
c) Respondent certifies that no member of the entity's ownership or management 'is
presently applying for an employee position or actively seeking an elected position
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAiNERS ;,12
with the City. In the event that a conflict of interest is Identified In the provW of
services, Respondent agrees to immediately notify the City In writing.
d) Respondent further declares that a careful examination of the scope of services,
instructions, and terms and conditions of this RFP has occurred, and that the
proposal is made according to the provisions of the RFP documents, and will meet or
exceed the scope of services, requirements, and standards contained in the RFP
documents.
e) Respondent agrees to abide by all conditions of the negotiation process. ` In
conducting negotiations with the City, Respondent offers and agrees that. if this
negotiation is accepted, the Respondent will convey, sell, assign, or transfer to the
City all rights, title, and interest in and to all causes of action it may now or hereafter
acquire under the anti -trust laws of the United States and the State of Florida fora
price fixing relating to the particular commodities or services purchased or acquired
by the City. At the City's discretion, such assignment shall be made and become
effective at the time the City tenders final payment to the Respondent. The proposal
constitutes a firm and binding offer by the Respondent to perform the services as
stated.
19. PUBLIC ENTITY CRIME STATEMENT
a) All invitations to proposal, as defined by Section 287.012(l 1), Florida Statutes,
requests for proposals, as defined by Section 287.012(16), Florida Statutes, and any
contract document described by Section 287.058, Florida Statutes, shall contain a
statement informing persons of the provisions of paragraph (2)(a) of Section
287.133, Florida Statutes, which reads as follows:
"A person or affiliate who has boon placed on the convicted vendor list,
following a conviction for a public entity crime may not submit a proposal on I.
a contract to provide any goods or services to a public entity, may not submit
a proposal on a contract with a public entity for the construction or repair of
public building or public wort, may not submit proposals on leases of real
property to a public entity, may not be awarded or perform work ,.as a-
contractor, supplier, subcontractor, or consultant under a contract with any,
public entity, and may not transact business with any public entity In excess.
of the threshold amount provided in Section 287.017, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted
vendor list."
b) All Respondents that submit a Bid or Proposal to the City of Ocoee are guaranteeing
that they have read the previous statement and by signing the submitted documents
are qualified to do so under Section 287.133, (2)(a), Florida Statutes.
(Remainder of page left blank intentionally)
RFP11 -005 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS . 13
{
20. SUMMARY OF LITIGATION:
Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s)
filed by or against the Respondent in the past five (5) years that is related to the services
that the Respondent provides in the regular course of business. The .summary shall
state the nature of the litigation, claim, or contact dispute, a brief description of the case,
the outcome or projected outcome, and the monetary amounts involved. If none, please
so state. (Attach additional sheets, if necessary)
None
21, ACKNOWLEDGMENT OF ADDENDA:
Respondent acknowledges receipt of the following addenda:
No. 1
Dated
No.
Dated
No.
Dated
April 27, 2011
22. LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and /or TEMPORARY WORKER AGENCY
NAME /ADDRESS /FEDERAL I.D. NO. /CONTACT PERSON /PHONE #:
None'
(Attach additional sheets if necessary)
If none, please so state. By submitting a proposal, the Respondent certifies that It has
investigated any subcontractor /temporary worker agency listed and has received and
has in the Respondent's files evidence that each subcontractor /temporary worker
agency maintains a fully - equipped organization capable, technically and financially, of
performing the pertinent work and that the subcontractorltemporary agency has done
similar work in a satisfactory manner. It is further acknowledged by the contractor
that any CHANGE or OMISSIONS In the subcontractors fisted above shall require
the City of Ocoee's approval before any work shall commence by the additional
subcontractor on this project.
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 14
23. EQUIPMENT LISTING:
Please list year, make & model of all equipment that will be used on City of Ocoee
properties, including whether owned or leased. If leased please provide name of lessor.
None
24, REFERENCESIEXPERIENCE OF RESPONDENT WITH SIMILAR CONTRACTS:
The Respondent shall complete the following blanks regarding experience with similar
type of work. Respondent must demonstrate ability to perform services of similar
complexity, nature, and size of this project within past three (3) years.
DATE OF CONTRACT /AMOUNT OF PROJECT /CLIENT'S NAME AND ADDRESS/
TELPHONE NUMBER/EMAIL ADDRESS /NAME OF CONTACT
Please see enclosed reference list.
Havepu any similar work in progress at this time? Yes X No
Length of time in business 28 years months.
Bank or other financial references:
Regions Bank, Charlotte, NC
(Attach additional sheets If necessary)
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 15
25: SUBMITTALS:
The City of Ocoee requires comprehensive responses to every section within this RFP.
To facilitate the review of the responses, Respondents shall follow the described
proposal format. The intent of the proposal format requirements is to expedite review
and evaluation. It is not the intent to constrain Respondents with regard to content, but
to assure that the specific requirements set forth in this RFP are addressed in a uniform
manner amenable to review and evaluation.
Submissions shall be limited to a total of twenty (20) 8.5 "x 11" pages (excluding front
and back covers, dividers, and all forms Included in this RFP), single - sided, portrait
orientation, 12 -point font, and contained in a three -ring binder or other format amenable
to easy photocopying. The page limit applies to the material contained in sections 1 and
2 of the proposal, as described below. The person signing the proposal on behalf of the
Respondent shall have the legal authority to bind the Respondent to the submitted
proposal.
In order to simplify the review process and obtain the maximum degree of comparison, the
Respondent must provide the following content when responding to the RFP:
Section 1 — Company InformationlExperience /References
i Firm's history, number of years in business, etc.
List of all firm's supervisory employees, their qualifications, and their role for this
contract.
Firm's sub - contractors (if any), their qualifications, and their role in providing
services.
List of firm's other current or recently completed contracts of thls type with` the"
City or other Cities or public agencies of similar size within the past three `(3)'
years.
- 1 List of at least three (3) client references to include organization name, contact
person, telephone number (s), and a -mail address.
Litigation Summary.
Section 2 — Product Information
- 1 Container Body, wheels and axles, lid, handle markings and stability.`,
i ; Warranty. <
Delivery.
Section 3 — Price Proposal
- 1 Exhibit B.
I . Price List of Replacement Parts.
Bid Security.
'Section 4 —Other Required Content
i Other Forms listed on Table of Contents to be submitted with your proposal.
RFP11 -006 TERM CONTRACT FOR WHE=ELED REFUSE CONTAINERS 16
26. SELECTION CRITERIA:
1 The criteria for making an award recommendation are:
1. Compliance with all specifications:
General, Material, Container Body, Wheels and
Axles, Ild, handle markings and stability, Compatibility
With City Trucks, Delivery Time.
2. Warranty:
Overall Warranty Period on the Complete Cart Assembly.
Ability to Provide Warranty Service and Replacement Parts.
3. Past Experience with a Contract of this Type:
4. Price Proposal:
Overall Price per unit.
Price for all Replacement Parts.
Assembly and Delivery Price for FOB Destination,
301 Maguire Road Extension, Ocoee, FL 34761.
The criteria for selection shall be based on the criteria listed above, including the firm's
qualifications, location, past performance, and reference check. The City reserves the right,
before awarding the contract, to require a Respondent to submit such evidence of its
i qualifications, as the City may deem necessary and may require oral presentations of firms.
The City shall be the sole judge of the competency of Respondents.
A City selection committee will evaluate each respondent's qualifications and will short -list and
recommend to the City Commission one or more firms in ranked order of qualifications based
upon the selection committee's evaluation of the responses and any client references. All
Respondents' shall he notified via Onvia /Demandstar or other means of staff's recommended
ranking of firms to the City Commission. The City Commission's decision to endorse or modify
the ranking by staff shall be final.
The successful Respondent shall be required to execute an agreement which provides, among
other things, that all plans, drawings, reports, and specifications that result from Respondent's
services shall become the property of the City. Upon the successful negotiation of an
agreement, a formal contract will be prepared and subsequent executed by both parties.
ANTICIPATED SELECTION SCHEDULE
Date of RFP ' `
Request for Proposals advertised
14 days later
Last day for questions
21 days later
Proposal submission deadline
22 days later
Proposals distributed to Selection Committee
30 days later
Selection committee meeting held
Next meeting
Short -list of firms recommended to City Commission
This schedule Is subject to change by the City.
RFP,11, -040 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS
,17
i EXHIBIT "N'
SPEC] FICATIONSISCOPE 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 Form 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.
RFPI1 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 98
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 adequate wheels and handle so that it 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 (too %) 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 he one piece injection - molded construction.
Yes X No
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS �g
8. The actual capacity of the containers must be 96- gallon ( +/- 3 %) as measured according to
ANSI 2245,30 -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 335 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 emptying. 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 perimiter 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. Ap integrally molded upper lifting "bib" extending approximately I %s" from the frontal plane
of the cart body at it's lower opening shalt 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 CONTAWERS 20
14. To protect against lifter- interface damage, the gussetts that attach the upper lifting "bib" must
provide adequetc 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
corrosion 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
RFPt1 -006, TERM CONTRACT FOR WHEELED REFUSE CONTAINERS
No
WHEELS AND AXLES
20. Complete wheel assembly shall be approximately 10" to 12" in diameter. They shall , consist
of snap on solid ribber 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 locking
mechanism. Wheel assembly using speed nuts ( "palnuts ") will not be considered
Yes . X No
22. Wheel spacers shall be an integreliy 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,
Yos 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 mast be of one piece construction domed, injection molded of materials meeting
ANSI standards to facilitate water run -off,
Yes X
27. No metal hinges will be accepted.
Yes X No
2S. No lid latches will be accepted. Lid will be held closed by its weight only.
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS
No
Yes x No
29..The lid shall rotate 270 degrees when in the full open position, and hang freely from 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 he done in 1" white block
letters, easily visable froth a distance.
Yes X No
STABILITY
33. The containers when empty, must not overturn when the lid is thrown fully open.
Yes R 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 parts that combine to make up'the
( cart being offered in this proposal (including ever individual molded part, wheel, spacer, .
bolt washer, etc.)?
Total number of individual parts in each car 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 red 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.
$, 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 normal 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 or
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 wa17•anty 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
RFP1.1 =006 TERM CONTRACT FOR WHEELED REFUSE CONTAINLRS 25
EXHIBIT "B"
i PROPOSAL FORM
RFP #f 1 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS
Proposal Item
Estimated
Unit Price
Total
Annual
Quantity
96- Gallon Container
1,000
$ *$47.72
S 47, 72 0. 00:.
Shipping charges
1 Lump Sum
$ cost
$
per single Full truck load of
containers
above includes
freight
Shipping charges
I Lump Sum
$
$
per single partial truck load of
44.00 per unit
containers
plue $1, 200. fr
ight
(Replacement Parts Price List
Total
S
Separately)
47, 720.00
Acknowledgement: *Tncludes freight; in truckload quantities
r
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 he a 3% automatic annual adjustment in costs upon renewal of contract
each year,
Otto Environmental Syste (NC), LLC
Company Naine
Stephen Stradtman, CEO
Author' ed Officer (print)
u on cd Signature
April 29
Date
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 26
RFP #L 1 -006 COMPANY INFORMATION /SIGNATURE SHEET
( FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF
YOUR PROPOSAL. PLEASE SIGN BELOW ATI'ESTING THAT YOU HAVE READ AND UNDERSTAND ,
ALL RFP INSTRUCTIONS, AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT
WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE.
Ot to Environmental System (NC), LLC 800- 795 -6886
COMPANY NAME TELEPHONE (INCLUDE AREA CODE)
704 -588 -6899
FAX (INCLUDE AR13A CODE)
sbo wling @otto- usa.
E -MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
AU H IZ DDS TURE (il uual) FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
Stephen Stradtman, CEO
NAME/TITLE (PLEASE PRINT)
12700 General Drive
STREET ADDRESS
_Charlotte, NC 282
CITY STATE ZIP
FEDERALID # ; 76- 0721498
Individual Corporation _Partnership_ _____Other (Specify) LLC
Sworn to and subscribed before me this 28 day of April .20 11
,
Personally Known_ X or
Produced identification
Notary Public - Statc of Nort Carolina
(Type of Idcntificntion) In y of Meck / l , enb
V
Signature of Notary_ Public
ype pR�tnmissione
me of Notar�llililll[c� r " @f
tlq Cowrtlr j� -
Mot
MI► C : Q, d
RFP11 -006 TERM CONTRACT FOR WHEELED REFUSE CONTAINERS 27