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HomeMy WebLinkAboutResolution - 2008-R0371 - Contract For Loading Refuse Containers - Caprock Welding & Supply, Inc. - 09_25_2008Resolution No. 2008-RO371 September 25. 2008 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Caprock Welding & Supply, Inc., of Wolfforth, Texas, for slant side loading refuse containers —annual pricing per ITB 08-079-FO, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 25th day of September _ , 2008. �� ���4� TOM MARTIN, MAYOR ATTEST: Reb ca Garza, City Secretary APPRRUVED, A$ TO CONTENT: City Manager/Transportation & Public Works APPROVED AS TO FORM: Don Vandiver, City Attorney DDres/Caprock W eldi ngConO8Res September 12, 2008 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing Resolution No. 2008—RO371 CITY OF LUBBOCK CONTRACT For Slant Side -Loading Refuse Containers — Annual Pricing ITB # 08-079-FO THIS CONTRACT, made and entered into this 25th day of September, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Caprock Welding & supply Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Slant Side -Loading Refuse Containers — Annual Pricing and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Boiler Slant Side -Loading Refuse Containers. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Slant Side -Loading Refuse Containers specifically referred to as Item(s) No. 3 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. Listed quantities are estimate only. Actual quantities may vary 4. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 5. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 6. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 08-079-FO.doc 34 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing 7. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: INSURANCE COVERAGE REQUIRED The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT Automobile Liability insurance, including: Any Auto for Transit Company Combined Single Limit for bodily injury and property damage of $ 500,000 per occurrence The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. This Contract consists of the following documents set forth herein; Invitation to Bid #08-079-FO, General Conditions, Specifications, and the Bid Form. 08-079-FO.doc 35 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Address RebeqA Garza, City Secretary AS TO T: jl CON A'/ Transportation and -Public Works Assistant City Manager �'"' • ► •' ty • 08-079-FO.doc 36 1TB408-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing SUBMIT TO: r o CITY OF LUBBOCK � / • CITY OF LUBBOCK, TEXAS Purchasing &Contract Management // 1625 I P Street, Rm 204 jl Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez I EMPLOYER #08-079-FO TEL: 806.775.2167 FAX: 806.775.2164 http:/'/purchasing.ci.lubbock.tx.us TITLE: Slant Side Loading Refuse Containers -Annual Pricing SUBMITTAL DEADLINE: August 28, 2008, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: : August 19,2008 at 10:00 AtrvbidrreceivedaJierthetime and elate listed above, regardlessojthe A.M. in the City Hall, 1625 IP Street, Purchasing Conference node ojddtwry..rhall he returned anopened. Room 204 Lubbock,Texas. ONDENT NAME: ' n LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE 1TB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: 9 14to io 1F RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT oct a L Z' + OF NO BID". CITY STA �E ZIP THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT 'I , Z ANY AND ALL BIDS IN WHOLE OR 1N PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEPHONE NO: „�Oo3 RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. REQUIREMENTS STATED IN THIS riB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE D� .� I LI �, 4 RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) O - e( BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES_ NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR, AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND TIDE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may 5te'ndcrs hcreaRer acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity ce(s)purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the ti the final payment toAc vendor. Authorized Signature Title ' ko^&I(F Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 08-079-FO.doc 7 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing BID FORM Slant Side -Loading Refuse Containers - Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 08-079-FO In compliance with the Invitation to Bid #08-079-FO, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #08-079-FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. DELIVERY ITEM DESCRIPTION QTY U/M UNIT COST* EXTENDED Days ARO** (More COST or Less I Two -cubic yard side loaders, as 10 EA a, ee specified herein Sar T ST9S V 2 Three -cubic yard side loaders, as specified herein 135 EA o0 5 00 $01 31S '- 3 Four -cubic yard side loaders, as herein 20 EA 3 fl 1 specified Overall Total 9 4 7S� Sellers bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of Lubbock. The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial formalities.. Unless otherwise specified herein, the City may award the bid either item-bv-item or on an all -or -none basis for any item or group of items shown on the Bid Form. The undersigned hereby offers to furnish and deliver the articles or services as specified above at the prices and terms there stated and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subjecrto withdrawal. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of %, net — calendar days. Discounts will not be considered In determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other 08-079-FO.doc ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES ✓ NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their owns materials/service as needed. THIS BID IS SUBMITTED BYE-•II�A WdDt i K j `� j� -+-+�� a corporation organized under the IV laws of the State of , or a partnership consisting of or an individual trading as of the City of K. C. In City: we ! "?-'T • e"T State:_ zip ^% 41 3d M� Fir CIA Of Business Telephone Number 6046 - -7 7 J'' 5-003 FAX: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 08-079-FO.doc iTB#08-070-FO, Slant Side -Loading Refuse Containers -Annual Pricing City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 I P Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete afdavits may be rejected. Local Business Name: Local Address (must be within the City limits): Address of the company's principal place of business within the United States: 1. How many residents of the City of Lubbock are employed at the above business location? Z" 2. Year your business was established in the City of Lubbock: 30 !d r ! 3. For transactions that require sales tax, provide the following Reseller information: 4. Reseller Permit Number: Company Name and Address (as it on permit): Does your business have more than one office in the State of Texas? Yes 6____ No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was the local business required to pay business and/or real property tax for the most recent tax year? ✓ Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? Yes f`—_ No G.. Under penalty of petjury, the undersignod stat that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally subm"tt ' e mfortnation to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services f peri of one (I) year. . f Authorized Signature: Printed Name and Title: 08-079-FO.doc 5 Date: /is ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing Slant Side -Loading Refuse Containers — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 08-079-FO SLANT SIDE -LOADING REFUSE CONTAINERS MINIMUM SPECIFICATIONS 1. GENERAL It is the intent of the City of Lubbock, Texas, to secure side loader refuse containers, sizes 2 cubic yard, 3 cubic yard and 4 cubic yard, to be constructed in accordance with the attached plans and these specifications for use with collection equipment now in use by the City. The containers shall be delivered to the City of Lubbock painted and ready for use according to the following: A minimum of 50% of the total quantity must be delivered within 90 days of award of the contract and the remainder must be delivered within 150 days of award of the contract. Each container must be serialized with the last two numbers of the year of manufacture, the cubic yard size of the container and the sequential number of the container. For example, serial number 08-3-1, is the number for the first 3 cubic yard container produced in 2008. The serial number should be in a 4" die metal stamping above the reinforcing left plate. Also 3" (H) x 1-3/4" (W) numbers shall be stenciled on the front and inverted under right lift arm (facing container), with Glossy Black Spray Lacquer. All materials will be furnished by vendor. All containers must not exceed cubic yard dimensions for size ordered. All containers shall be guaranteed for twelve months after delivery against defective workmanship and materials. Prices bid shall include delivery to 1631 841h Street, Lubbock, Texas 79423 at scheduled times and dates specified by Solid Waste Services Dept. Unloading at point of delivery will be done by the City of Lubbock. The contractor shall protect and save harmless the owner from all and every demand for damages, royalties or fees on any patented invention used by the contractor in connection with the work done or materials furnished under this contract; provided, however, that if any patented materials, machinery, appliance or invention is clearly specified in this contract, then, and in the event, the cost of procuring the rights of use and legal release or indemnity determined and directed to be included in the bid price at the time the proposal is submitted. 2. STEEL All sheet metal shall be hot rolled commercial quality steel. Container front, rear and sides 12 gauge welded continuously on the interior. Container lids - 14 gauge. Container bottom shall be high molecular weight polyethylene or 100% recycled rubber/plastic alloy. The City of Lubbock will accept bottoms produced by Bryan Container Company, Bryan, TX (888.611.3333), or approved equal. Top perimeter of container to be reinforced by 12 gauge formed channels. Bottom of the container will be reinforced with two C3 X 4.1 channels located 1 I" from each side and installed parallel from front to back. See Attachment F 08-079-FO.doc 22 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing Lift arm shall be a C4 x 5.4 channel on each side, dimensions shown, welded continuously on top and skip welded on bottom. See Attachment E The lift pin shall be extended through and flushed with the back of the channel and also through the 2 gauge reinforcing plate. The pin shall be 1 �h" diameter x 3 'h" long round steer bar and welded all-around as indicated. Buff plate will be located in front of the lift arm and will be 2" x 3" x 1/4" x 20" long angle iron. The angle will wrap around the corner from the front of the container. The front, rear and sides of all containers shall be constructed of smooth hot -rolled steel plate and sheets welded on all seams. Welds shall be continuous except where stated to the contrary and shall form a secure bond between metals. Puddling and splattering are unacceptable. 3. CONTAINER BOTTOM Container bottom shall be made of 3/16" high molecular weight polyethylene or 100% recycled rubber/plastic alloy, seamless extending a minimum of ten inches up the inside wall of the container. The City of Lubbock will accept bottoms produced by Bryan Container Company, Bryan, TX (888.611.3333), or approved equal. Dimensions of plastic bottoms from Bryan Container Company are as follows: 3 cubic yard = 47 �h inches 4 cubic yard = 47 �i inches Specifications for installing plastic bottoms: After construction of metal box with cross members on the bottom, insert plastic bottom from top. To secure plastic bottom to metal container either pop rivet or weld Z bars to side of container. SEE ATTACHMENT A 4. STEEL TUBULAR LID -STOPPER Tubular lid -stopper shall be constructed of U " round steel tubing, 16" long with two 4" legs. Legs shall be welded to the steel portion of the container. SEE EXAMPLE PICTURED IN ATTACHMENT B 5, LIDS Lids shall be made in three parts as indicated on plans, with the rear lid to be constructed of 14 gauge hot -rolled steel and hinged with 3/4" inch pipe. Front lids shall be plastic, manufactured independent of each other and hinged to rear lid with 1/2-inch solid steel rod. Rear lid shall be 15" x 60" constructed of 14 gauge hot -rolled steel. Color shall be sandalwood brown or similar color, to match existing containers. Front lids shall be /a" thick and should be composed of 100% recycled polyethylene. Plastic lids shall be 30" long x 30" wide. Lids must be guaranteed not to chalk or crack due to ultraviolet exposure for three years from date of delivery. Plastic lid must be similar to those currently being used by the City of Lubbock with the City of Lubbock logo molded into the lid. Front lids must be designed with extra high ribs to provide structural strength, durability, and prevent sagging in hot weather. Front lid color shall be black. 08-079-FO.doc 23 ITBOM79-FO, Slant Side -Loading Refuse Containers -Annual Pricing 6. CLEANING All welds shall be cleaned to bright metals and shall be free of all foreign material, slag, rust, dirt, oil or other material, which will show unevenness after painting. Failure to do so shall be cause for rejection until deficiency is correct. 7. PAINTING Containers shall be painted inside and outside with a two -coat system consisting of a corrosion inhibitive fast drying primer followed by a high gloss enamel finish coat. Primer coat shall be a fast dry zinc chromate. The finish coat shall be a high gloss, quick drying enamel. Finish color shall be sandalwood brown or similar color, selected by the owner, to match existing containers. Sample color will be furnished. Paint must be approved by the owner before any containers are shipped. The above paint shall be applied on the interior and exterior of the container. Paint shall be clean and free from foreign material and shall be applied evenly without runs or sags. Paint shall be guaranteed for one year against cracking, checking or loss of adhesion and appreciable color change or chalking of the finish coat or paint. APPLICATION 1. Mix and apply coating according to manufacturer's printed instructions. 2. Apply coatings to obtain a thickness of 4 dry mils. 3. Allow coating to cure before transporting to avoid damage. 4. Use wet film gauge during application to assure proper film thickness is applied. 5. Apply additional costs as needed to obtain specified dry film thickness. INSPECTION 1. Inspect all surfaces for runs, sags and holidays. Repair as necessary to obtain an acceptable finish. 2. City personnel will check dry film thickness to verify that it conforms to the mil thickness of the coating systems specified herein. INSUFFICIENT mil thickness will require recoating at the expense of the Contractor. Dry film thickness readings shall be taken at random locations at the rate of about five readings per hundred square feet of surface with at lea st one reading per surface. The average of all readings for a given area or surface shall equal or exceed the dry film thickness specified and no individual readings shall be more than 20 percent below the specified thickness. Any areas, that are found to be below standard, shall be marked and recoated, at the Contractor's expense, to obtain the proper film thickness. The City reserves the right to monitor the construction of the containers, which includes visiting the site of the Contractor and verifying that all specifications are being complied with. 3. Any characteristics of the film that the City personnel deems unacceptable, either during construction or before acceptance, shall be remedied by the Contractor, at the Contractor's expense. COATING SYSTEMS Prime Coat: Vendor can select from attached list any primer that has VOC's of 450 or less. Finish Coat: High gloss, quick drying enamel @ 2 dry mils Finish coat color is sandalwood brown or similar color to match existing containers 08-079-FO.doc 24 tTB#08-079-170, Slant Side -Loading Refuse Containers -Annual Pricing SEE ATTACHMENTS C AND D 8. SPECIFICATIONS VARIATIONS Variations from these specifications and attached drawing WILL NOT BE ACCEPTABLE. 9. QUANTITY 10 more or less 2 cubic yard side loaders 135 more or less 3 cubic yard side loaders 20 more or less 4 cubic yard side loaders 10. TERMS OF CONTRACT The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 08-079-FO.doc 25