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HomeMy WebLinkAboutItem 09 Approval of Residential Construction & Demolition Debris Removal Franchise Agreements Option to Extend Two (2) Years with Waste Pro of Florida and Progressive Waste Solution of Florida 1 ocoee florida AGENDA ITEM COVER SHEET Meeting Date: August 20, 2019 Item # > Reviewed By: Y Contact Name: Stephen C. Krug Department Director: ",/"I.`,/ Contact Number: 6002 City Manager: W Subject: Exclusive Residential Construction & Demolition Debris Removal Franchise Agreements Option to Extend Two (2) Years with Waste Pro of Florida and Progressive Waste Solutions of Florida. Background Summary: The City entered into Exclusive Residential Construction & Demolition (C&D) Debris Removal Franchise Agreements in 2014 for an initial five (5) year term with an option to extend the agreements for two (2) years. Franchises were originally awarded to four (4) vendors, however the vendors have been reduced to two (2) due to an acquisition and another firm backing out due to the excessive distance to their landfill located in Volusia County. The remaining vendors have successfully covered the demand for the residential C&D and have provided up to $7,000 annually in franchise fees based on the market demand. Public Works is requesting the Commission exercise the option to extend the Franchises for a two (2) year term. Public Works recommends approval of extending the existing Franchises with both vendors. Issue: Request the City Commission to authorize the option to extend the existing Franchise Agreements for Residential Construction & Demolition Debris Removal. Recommendations: Recommend the City Commission approve the two (2) year extension option for the existing Exclusive Residential Construction & Demolition Debris Removal Franchise Agreements with Waste Pro of Florida and Progressive Waste Solutions of Florida, additionally authorizing the Mayor, City Manager and Staff to execute the Franchise Agreement extensions. Attachments: Franchise Agreements. Financial Impact: The Franchises fees contribute to the General Fund. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept 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 Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. n.oLuA $1 134 i7 N/A Review ed by ( ) N/A 2 r * sü r _ _ Caring,POI`Our Communities- ,,, r RE: Continuation Certificate Dear Sir/Madam: Enclosed please find your Continuation Certificate. Should you have any questions regarding this Certificate, please contact either Malenie Velez or Cathy . Ostermann at 407-869-8800. If you have received one that requires your acceptance, after signing, please scan or mail a copy to me. My email address is mvelez@wasteprousa.com, or my address is below. Thank you, I All - best, / .--- ,------- , 4, Malenie elez Bond Administrator P 1 CONTINUATION CERTIFICATE The Aspen American Insurance Company (hereinafter called the Surety) hereby continues in force its Bond No. Su38179 in the sum of Twenty Thousand Dollars and 00/100 ($20,000.00) Dollars, on behalf of Waste Pro of Florida in favor of City of Ocoee, Florida subject to all the conditions and terms thereof through June 7, 2018 at location of risk. This Continuation is executed upon the express condition that the Surety's liability shall not be cumulative and shall be limited at all times by the amount of the penalty stated in the bond. IN WITNESS WHEREOF, the Surety has caused this instrument to be signed by its duly authorized Attorney-in-Fact and its corporate seal to be hereto affixed this 8 day of May, 2017. Aspen American Insurance Company Sutety 13.)(1_ A. Pless At orney-in-Fact • * . ASPEN • • Aspen American Insurance Company 176 Capital Tioulevard,Rocky Hill,CT 06067 • POWER OF ATTORNEY KNOW ALL PERSONS BYTHESE PRESENTS,THAT AspenAmerican Insurance Company,a corporation duly organized under the laws of the State of Texas,and having its principal offices in Rocky Hill,Connecticut;(hereinafter'the"Company")does hereby make,constitute and appoint;Lisa A.Pless and Carl T.McFarland Jr of Willis Insurance Services of Georgia,Inc.its true and lawful Attdntey(s)-in-Fact,with full power and authority hereby confe.rrcd to_ sign,execute and acknowledge.on behalf of the Company,at any place within the United States,the following instrument(s)by his/her sole signature and act:any and all bonds,recog-niiances,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and_any and all consents incident thereto,and to bind the Company thereby as!idly and to the sante extent as if the sante were signed by the duly authorized officers of the Company.Ali acts of said Attorney(s)-iii-Fact done pi/dna/it to the authority herein given are hereby ratified and confined. This appointment is made under and.by authority of the following Resolutions of the Board Of Directors of said Company effective on April 7,2011,which Resolutions are now in fill!force and effect; VOTED:All Executive Officers of the Company(including thePresidenl,aayEExecutive,Senior or ASSistsnt VicePresidenr;any Vice President,any Reenact,Assistant Treasure,or Secretary orAssistant Steretery)may appoint Attorneys-iii-Faetto aetfor and on behalf°Dile Company to sight with the Company's name aadseal With the Cohipany's seal,bonds,recognizances,and other writings obligatory in thenattire ofa bond,recognizance,or conditional undertaking,and any of said Executive Officers at any time may remove anystieltappointe'e and revoke the power given hint Or her. VO1'J :'IheforegoingauthorityfarcertainclassesefofftccrsofingCophpanytoappointAttomeys-in-Pactby virtue ofaPowerofAltorney to sign and seal bonds, recognizances;and other writings obligatory in the nature of a bond,recognizance,or conditional[Ended/Acing as well as to revoke any such Power of Attorney,is hereby granted spebificallytothe following individual offitedofAspeh SpetialtyInsurancdManagenient Inc.'. Michael Toppi,Executive Vice President,ScOtt Sadoivsky,Senior Vico President,ICevin Gillen,Senior Vice President,Mathew Raino,Vice President, and Ryan Field,Assistant Vice"'resident This Power ofAttorney.maybesigned and sealed by facsimile(wechaideaf or printed)under and by authority of the followingResolution voted by the Boards of ilirectors•of Aspen American Insurance Company,which Resolution is now in full force and effect: VOTED:That the siguatnre of any of the Officers identified by title or specif Cally named:above maybe affixed by facsimile to any PunterofAttoniey for purposes ohly ofexecutingand attesting.bonds and undertakings and otherivritings obligatory in the nature thereof,and any and all consents incident thereto,and any such Power ofAttomey.or certificate bearing such facsimile-signature or facsimile seal shall be•valid and binding upon the Company.Any such power so executed and certified by . such facsimile signature and/or facsimile seal shall be-valid and binding upon the Company with respect to any bond orundertaking so executed. IN WITNESS WHEREOF,Aspen American insurance Company itas caused this instrument to besigned and its corporate.seal to he hereto affixed this 23rd day ofJune,2016. • Aspen erican Insur use Corltpamy STATE OF CONNECTICUT SS. ROCKY HILL sirirtJ { ,,f COUNTY OF HARTFORD 1 evin Gillen,Senior Vice President Otitis 23'd day of June,2016 before the personally name Kevin Gillen to me known,who being by me dilly st'om,.did depose and say;that he/she is Seni Vice:.. President of Aspen American Insurance Company,the Company described Mend which executed the above instrument;thathe/she knows the seal of said Garll'mtiont Ihat [res aftixedtothe said instrument issuch corporate seal;aipdthat lie/sheexecutedthesaldinstilmentonbehelfoftheCompanybyauthorityofhis/herofficeti the.abe , 1 e lotions thereof. • 1:4,7.4„,...4:140,174.2.:1...,..,::::),,.„4.1:1 ettitlizz NotaryPublie r, ,a: My commission.expires:February 28,2019 • i i "Z A `, I• el CERTIFICATE -*t' ',..i �h r• ;• ,[tom; 1,the undersigned,Kevin Gillen of Aspen American Insurance Coiiipany;a stock coip iratiod.ofthe State of1'exas,do hereby certify that the fotegoifi'•i. ,, . ., . '06 Attorney remains in lhll force and has net been revoked;and furthenisote,that the Resgtutions ofthe Boards ofDirectors,as set forth above,are now and ,,;.' ; ;. full tome,and eeffect ,p,,,a.' u Given under myyhand-and seal ofsaid Company,in Rocky Hill,Connecticnt,thistday°of �o•.‘,..01,/,/,,,,,,,,,,.. 11:ifi::::4);;A:8-9;ii.0.0"1.1k...;•:::?:::::1 • 4.4brlrrn,ttiOs' By: y�_ ., ' Name: Kevin Gillen,Senior Vice President "For verification of the authenticity pf the Power of Attorney you.may pall OM)760-7728 or email:Patricia.Taber©aspen-insurance.coni Aspen American Insurance Company STATUTORY STATEMENT OF FINANCIAL CONDITION December31,2016 Assets Bonds $223,739,323 Common stocks 143,788,052 Cash and short term investments 163,135,579 Other invested assets 7,150,000 Premiums in course of collection 55,484,382 Amounts recoverable from reinsurers 131,268,464 Receivable from Federal Crop Insurance Corporation 150,111,082 Other assets 6,403,850 Total Assets $881,080,732 Liabilities Reserve for losses and adjustment expenses $155,437,315 Commissions payable,contingent commissions and other similar charges 24,911,055 Unearned premiums 35,638,465 Ceded reinsurance premiums payable 89,884,254 Amounts withheld or retained by company for account of others 110,938,471 Payable to parent,subsidiaries and affiliates 727,462 Retroactive Reinsurance Payable 91,518,533 Retroactive Reinsurance Reserve-Direct 4,650,947 Retroactive Reinsurance Reserve-Ceded (91,368,533) Reserve for taxes,expenses and other liabilities 4,252,060 Total Liabilities 426,590,029 Surplus as regards policyholders 454,490,703 Total Surplus and Liabilites $881,080,732 Treasurer jinan ' State of Connecticut County of Hartford Peter Clifton Felix, Treasurer and Kenneth Gerald Cadematori, Chief Financial Officer being duly sworn, of Aspen American Insurance Company,Texas; and that the foregoing Is a true and correct statement of financial condition of said company,as of December 31,2016.This unaudited financial statement is in agreement with Aspen American Insurance Company's December 31,2016 filings to the NAIC and to the State of Texas. Subscribed and sworn to before me,this 6th day of March 29171, c,ezz• . Notary Public KIM D. SUVA NOTARYPUBLIC MY COMMISSION EXPIRES JUNE 30,2021 • EXCLUSIVE RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL FRANCHISE AGREEMENT 01-14 THIS AGREEMENT is made and entered into this day of DO'S , 2012, between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City") and WASTE PRO OF FLORIDA INC., a Florida corporation (hereinafter referred to as the "Franchisee") for the purposes of granting a franchise for the collection and removal of residential construction and demolition debris within the corporate limits of the City, all subject to the terms, conditions and limitations set forth herein. Section 1. Definitions. For the purposes of this Agreement, all terms and words shall have the meaning set forth in Chapter 143 of the Ocoee City Code and in the definitions contained in Part IV of Chapter 403, Florida Statutes, and in state administrative rules adopted pursuant to Part IV of Chapter 403, Florida Statutes, as such statutes and rules may be amended from time to time. Section 2. Grant of Franchise. In consideration of the agreement of the Franchisee to (i) perform the services set forth in this Agreement, (ii) pay to the City the Franchise Fee set forth in Section 14 hereof, and (iii) otherwise comply with the terms and conditions of this Agreement, the City hereby grants to the Franchisee a franchise, including every right and privilege pertaining thereto, to operate and maintain residential construction and demolition debris services within the corporate limits of the City, except as provided in Section 12 hereof. Section 3. Limits of the Franchise. Except as set forth herein, the franchise covers the corporate limits of the City of Ocoee. Franchisee agrees that the limits of the franchise are subject to expansion or reduction by annexation or contraction of municipal boundaries and Franchisee has no vested right in a specific area. Further, Franchisee acknowledges and agrees that its right to serve certain lands hereto or hereafter annexed by the City which were the subject of a residential construction and demolition debris services franchise with Orange County which was in effect at least 6 months prior to the initiation of annexation is limited by the provisions of Section 171.062(4), Florida Statutes, as it may from time to time be amended. The provisions of Florida Statute 403.70605 shall also apply. Section 4. Term. The franchise shall be granted for an initial term of five (5) years commencing on June 8, 2014 and terminating on June 7, 2019, unless sooner terminated by the City due to breach of the terms of this Agreement by the Franchisee ("the Initial Term"). The Initial Term of the franchise may be extended by mutual agreement of the City and the Franchisee for one additional two (2) year term commencing with the expiration of the Initial Term and terminating on June 7, 2021. Should the City or the Franchisee Residential C&D Debris Removal Franchise Page 1 determine not to extend the term of the franchise beyond the Initial Term, they shall provide written notice of such intent to the other party no sooner than twelve (12) months prior to the expiration of the Initial Term and no later than six (6) months prior to the expiration of the Initial Term and in the event of such notice the franchise and this Agreement shall terminate upon expiration of the Initial Term. In the event neither party gives notice as aforesaid that it does not desire to extend the term of the franchise, then the City and the Franchisee shall enter into an amendment extending the term of the franchise and this Agreement for an additional 2-years for a total of 7-years, such agreement to be entered into at least three (3) months prior to expiration of the Initial Term. Section 5. Collection Services and Operations. A. Except as set forth in Section 12 hereof, the Franchisee shall provide residential construction and demolition debris removal services commencing on June 8, 2014. The Franchisee shall transport all residential construction and demolition debris collected to a properly licensed facility. B. The Franchisee shall provide all labor, materials, equipment, supervision and facilities necessary to provide efficient and effective services. The Franchisee shall pay all costs, expenses, and charges required to perform the services and dispose of the collected materials including the disposal charges and "tipping fees" at the facility. The Franchisee shall comply with all applicable local, state and federal statutes, laws, ordinances, rules and regulations. Section 6. Equipment. A. The Franchisee shall have on hand at all times and in good working order such equipment as shall permit the adequate and efficient performance of the required services. Equipment shall be obtained from nationally known and recognized manufacturers of collection and disposal equipment. The Franchisee shall have available reserve equipment which can be put into service in the event of any breakdown. Vehicles used to provide the services shall be marked with the name of the Franchisee, business telephone number and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. B. The Franchisee shall provide all receptacles, containers, or dumpsters necessary for the collection of all residential construction and demolition services. Section 7. Complaints. The Franchisee shall assign a qualified person or persons to be in charge of operations within the service area. The Franchisee shall give the name and qualifications of these persons to the City. The Franchisee shall institute a system for addressing complaints from within the City which shall include informing each customer and the City of the phone number at which complaints will be received. Such phone will be promptly answered at a minimum from 8:00 a.m. to 5:00 p.m., Monday through Friday. In the Residential C&D Debris Removal Franchise Page 2 event that the Franchisee is unable to promptly resolve any such complaints the Franchisee shall promptly notify the City of the nature of the complaint and the attempts made to resolve the complaint. Section 8. Personnel. A. The Franchisee shall require its employees to serve the public in a courteous, helpful and impartial manner. B. Franchisee collection employees shall wear dress uniforms bearing the company name during working hours. C. Each person employed to operate a vehicle shall at all times carry a valid Florida Driver's License for the type of vehicle being operated. D. The Franchisee's collection employees will be required to remain on public right-of-ways and the premises of its customers. No trespassing by employees will be permitted on private property. Care shall be taken to prevent damage to property, including receptacles, trees, shrubs, flowers and other plants. Section 9. Spillage. The Franchisee shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection occurs. During hauling, all residential construction and demolition debris shall be contained, tied or enclosed so that leaking, spilling and blowing is prevented. In the event of any spillage caused by the Franchisee, the Franchisee shall promptly clean up all spillage at its sole cost and expense. In the event that the Franchisee fails to promptly clean up spillage, then the City may do so and the Franchisee shall pay the City all costs and expenses incurred by the City in connection therewith. Section 10. Excluded Debris. Hazardous waste, biological waste, used oil and yard trash are expressly excluded from the franchise granted herein. Section 11. Subcontractors. Subcontractors shall be allowed only with the prior approval of the City Commission which consent may be granted or withheld in the discretion of the City Commission. The consent of the City Commission shall not be construed as making the City a part of such subcontract or subjecting the City to liability of any kind to any subcontractor. Section 12. Rates and Charges. A. Rates to be charged for the residential construction and demolition debris services to be performed under this Agreement are as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. Residential C&D Debris Removal Franchise Page 3 B. The Franchisee, at its sole cost and expense, shall be solely responsible for the billing and collection of all fees and charges payable to the Franchisee by customers for services rendered pursuant to this Agreement. The Franchisee shall use its best efforts to bill and collect all such fees on a monthly basis unless otherwise agreed to in writing by the City. C. In consideration for the grant of this franchise and the execution of this Agreement by the City, the Franchisee agrees to pay to the City a franchise fee equal to TWENTY PERCENT (20%) of the fees and charges actually collected by the Franchisee from customers for services rendered pursuant to the franchise granted by this Agreement (the "Franchise Fee"). The Franchisee shall pay the Franchise Fee to the City on or before the tenth (10th) day of each month with respect to the fees and charges actually collected by the Franchisee during the previous month. Such payment shall be transmitted on a City approved form and shall include a certification by the Franchisee of the fees and charges actually collected during the prior month and such other information as may be required by the City. Failure of the Franchisee to make timely payment to the City of the Franchise Fee or falsification of the certification regarding fees and charges actually collected shall constitute a default by the Franchisee of this Agreement. Section 13. Books and Records. A. The Franchisee shall keep complete books and records at its place of business in Central Florida, setting forth a true and accurate account of all business transactions arising out of or in connection with this Agreement, including but not limited to a complete customer account listing and a record of all fees and charges billed and collected, all in accordance with good business practices and generally accepted accounting principles. The City shall have the right to have access to and inspect and copy the contents of said books and records during normal business hours. Upon thirty (30) days written request from the City, the Franchisee shall provide the City with a complete customer account listing and a record of all fees and charges billed and collected during the prior twelve (12) months. B. The Franchisee shall annually submit to the City an audited financial statement with respect to all business transactions arising out of or in connection with this Agreement, which shall have been prepared by an independent certified public accountant reasonably acceptable to the City. The financial statement shall include a determination of all fees and charges billed and collected by the Franchisee pursuant to the franchise granted by this Agreement and the Franchise Fees due to the City pursuant to this Agreement. Each such audited financial statement shall be based on the City's fiscal year of October 1 to September 30 and shall be submitted to the City on or before December 31 of each year except that the last such audit shall be submitted within sixty (60) days after the termination of this Agreement. Residential C&D Debris Removal Franchise Page 4 Section 14. Assignment. This Agreement and the rights and privileges hereunder shall not be assigned or otherwise transferred by Franchisee except with the express written approval of the City. The City reserves the right in its sole and absolute discretion to approve or disapprove any such requested assignment or transfer of this Agreement. The City may require that any proposed assignee submit similar documentation to that provided by the franchisee at the time of award of the franchise. No assignment or transfer shall be effective until the assignee or transferee has executed with the City an Agreement of Acceptance, subject to approval by the City, evidencing that the assignee or transferee accepts the assignment or transfer subject to all of the terms, conditions and limitations imposed herein. Any such assignment or transfer shall be in form and content subject to the approval of the City. Section 15. Indemnification. Franchisee shall indemnify, defend and hold completely harmless the City, its elected representatives, officers, employees and agents of each, from and against any and all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including, but not limited to court costs, expert fees and reasonable attorneys fees and paralegal fees and attorneys and paralegal fees on appeal) which may be incurred by, charged to or recovered from any of the foregoing (i) by reason or on account of damage to or destruction of any property of the City, or any property of, injury to or death of any person resulting from or arising out of the performance under this Agreement, or the acts or omissions of Franchisee officers, agents, employees, subcontractors, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, unless such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was proximately caused solely by City's negligence or by the joint negligence of City and any person other than Franchisee or Franchisee's officers, agents, employees, subcontractors, licensees or invitees, or (ii) arising out of the failure of Franchisee to keep, observe or perform any of the covenants or agreements herein to be kept, observed or performed by Franchisee. City agrees to give Franchisee reasonable notice of any suit or claim for which indemnification will be sought hereunder, to allow Franchisee or its insurer to compromise and defend the same to the extent of its interests and to reasonably cooperate with the defense of any such suit or claim. The provisions of this Section shall survive the expiration or earlier termination of the term of this Agreement with respect to any acts or omissions occurring during the term of this Agreement. Nothing set forth is this Agreement shall be deemed or construed as a waiver of sovereign immunity by the City and the City shall have and maintain at all times and for all purposes any and all rights, immunities and protections available under controlling legal precedent and as provided under Section 768.28, Florida Statutes and other applicable law. Section 16. Performance Bond. The Franchisee shall, without expense to the City, furnish a performance bond in a form acceptable to the City as security for the performance of this Agreement. Said Residential C&D Debris Removal Franchise Page 5 performance bond will be in the amount of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00). All premiums for the performance bond shall be paid by the Franchisee. This performance bond shall be written by a surety company licensed to do business in the State of Florida and approved by the City and shall be maintained in full force and effect throughout the term of this Agreement. Section 17. Nondiscrimination. The franchisee agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis of race, color, religion, sex, age, handicap or national origin. Section 18. Insurance. The Franchisee, at all times during the term of this Agreement, shall meet the following requirements: • Maintain all insurance coverage required by this Agreement and the RFQ to which this Agreement and the award of the franchise was based on (the'RFQ"). • Maintain any additional coverage required by the City. • Name the City as an additional insured on all liability policies required by this Agreement. When naming the City as an additional insured, the insurance companies shall agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. • Make no change or cancellation in insurance without thirty (30) days prior written notice to the City. • File original signed Certificates of Insurance, evidencing such coverage and endorsements as required herein with the City for approval before work is started. The certificate must state the Proposal Number and Title. Upon expiration of the required insurance, the Franchisee must submit updated certificates of insurance during the term of this Agreement. It is understood and agreed that all policies of insurance provided by the Franchisee are primary coverage to any insurance or self-insurance the City possesses that may apply to a loss resulting from the work performed under this Agreement. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure and shall be made available to the City upon request to the Franchisee. No deductibles will be allowed in any policies issued on this Agreement unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City. Compliance by the Franchisee with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Franchisee of its liabilities and obligations under any section or provision of this Agreement or under applicable law. Residential C&D Debris Removal Franchise Page 6 Insurance coverage required shall be in force throughout the term of this Agreement. Should the Franchisee fail to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the term, the City shall have the right to consider this Agreement breached and declare a default by the Franchisee. If the Franchisee does not meet the insurance requirements of this Agreement, alternate insurance coverage, satisfactory to the City, may be considered. Section 19. Default and Termination. A. In the event that: (1) the Franchisee shall fail to keep, perform and observe each and every promise, covenant and agreement set forth in this Agreement applicable to the Franchisee, and such failure shall continue for a period of more than five (5) days after delivery to the Franchisee of a written notice of such breach or default; (2) the Franchisee's occupational or business licenses shall terminate for any reason; (3) the Franchisee shall become insolvent, or shall take the benefit of any present or future insolvency statutes, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy laws, or under any other law or statute of the United States or any State thereof, or shall consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or (4) the Franchisee shall have a petition under any part of the Federal Bankruptcy laws, or an action under any present or future insolvency laws or statute, filed against it, which petition is not dismissed within thirty (30) days after the filing thereof; then in any of such events, the City, in its discretion, shall have the right to: (i) seek specific performance of this Agreement, (ii) terminate this Agreement for Default, which termination shall be effective twenty-four (24) hours after written notice of such termination is given to the Franchisee, or (iii) pursue such other actions and remedies as may be permitted by law, including an action for actual damages incurred or suffered by the City. In the event the City elects to terminate this Agreement, then the City may, Residential C&D Debris Removal Franchise Page 7 at its option, delay the effective date of termination for default until the first day of the month following the date on which written notice of such termination is given to the Franchisee. The City shall specify the termination date on its written notice of termination. B. In the event that the City shall fail to keep, perform, and observe each and every promise, covenant and agreement set forth in this Agreement applicable to the City, and such failure shall continue for a period of more than thirty (30) days after delivery to the City of a written notice of such breach, then the Franchisee may, as its sole and exclusive remedy, seek specific performance of this Agreement. It is expressly agreed that the Franchisee shall not be entitled to terminate this Agreement or seek damages against the City in the event of a default by the City. C. In the event that a dispute arises between the City and the Franchisee, or any interested party, in any way relating to this Agreement, the Franchisee shall continue to render service in full compliance with all terms and conditions of this Agreement regardless of the nature of the dispute. The Franchisee shall be liable to the City for all costs reasonably incurred in providing collection and disposal service should the Franchisee fail to provide such services. D. Upon termination of this Agreement the Franchisee shall cooperate with the City in order to ensure an orderly transition of all commercial and multi-family solid waste accounts to such new franchisee(s) as may be designated by the City. Section 20. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provisions of this Agreement or because of a breach by the other party of any of the terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings and the right to such reasonable attorneys' fees, paralegal fees and costs shall be deemed to have accrued from the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. Section 21. Notices. All notices and approvals which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shall be made or given (i) by certified mail, postage prepaid, return receipt required, (ii) by hand delivery to named individuals representing the party to be notified, or (iii) by private parcel (next day) delivery service. Notices, including notice of a change of address or phone number, shall be addressed or transmitted to the addressees set forth below, or that a party may otherwise designate in the manner prescribed herein: As to the City: City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Residential C&D Debris Removal Franchise Page 8 Attention: Public Works Director Phone: (407) 905-3170 As to Franchisee: Waste Pro of Florida Inc. 3705 Saint Johns Pkwy. Sanford, FL 32771 Attention: John Jennings, CEO (407) 774-0800 Notices and approvals given or made as aforesaid shall be deemed to have been given and received on the date of actual receipt. Section 22. Combination of Solid Waste. The City shall not be responsible for any contamination of loads which are collected by the Franchisee (i.e., mixing of recyclable materials, yard trash, construction and demolition debris or other materials which are required to be separated prior to disposal under applicable federal, state and local statutes, laws, ordinances, rules and regulations). Section 23. Miscellaneous. A. Time is of the essence with respect to all matters set forth in this Agreement. B. The Franchisee is not, and shall not for any purpose be, the agent of the City and shall have no power or authority to bind the City in any manner whatsoever. C. This Agreement embodies and constitutes the entire understandings of the parties with respect to the matters contemplated herein, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provisions hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge, or termination is sought except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in such instrument. D. It is stipulated and agreed between the parties that this Agreement shall be interpreted and construed in accordance with the laws of the State of Florida and any trial or other proceeding with respect to this Agreement shall take place in the State of Florida with venue in Orange County, Florida. E. Captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be Residential C&D Debris Removal Franchise Page 9 held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. F. The City shall not be responsible for any contamination of solid waste pick-ups with recyclable materials. G. The City has been induced by Franchisee to enter into this Agreement by submittal of that certain response to request for proposals dated June 26, 2012, said response being incorporated herein by reference and made a part of this Agreement. The Franchisee warrants and represents that the information submitted in said response to request for proposals remains true and correct as of the date hereof. H. In the event of a conflict between the provisions of this Agreement and the terms of the RFQ, the provisions of this Agreement shall apply. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. J. This Agreement is considered a non-exclusive Agreement between the parties. Section 24. Waiver of Jury Trial. Franchisee hereby voluntarily and intentionally waives the right to a trial by jury in respect to any litigation arising out of, under, or in connection with this Agreement or in connection with any course of conduct, course of dealing, statements (whether verbal or written) or action of either party, whether in connection with this Agreement or otherwise unrelated thereto. This Waiver of Jury Trial shall be binding upon all successors and assigns of the parties hereto. Section 25. Severability. If any part, section, subsection, or other portion of this Agreement except for the provisions of Section 12 hereof is declared void, unconstitutional, or invalid for any reason, such part, section, subsection or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Agreement, and all applications thereof not having been declared void, unconstitutional or invalid shall remain in full force and effect. The City and Franchisee declare that no invalid or prescribed provision or application was an inducement at the execution of this Agreement, and that they would have executed this Agreement, regardless of the invalid or prescribed provision or application. In the event any part, subsection or other portion of Section 12 hereof is declared void, unconstitutional, or invalid for any reason, then either party may terminate this Agreement upon at least ninety (90) days notice to the other party. Residential C&D Debris Removal Franchise Page 10 Section 26. Charter Compliance. The franchise granted pursuant to this Agreement has been awarded following a public hearing on the proposed franchise preceded by at least thirty (30) days' notice of the hearing and the proposed action by publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City of Ocoee. [Signature page to follow] Residential C&D Debris Removal Franchise Page 11 IN WITNESS WHEREOF, the CITY OF OCOEE has caused this Agreement to be executed by its Mayor and attested by its City Clerk, and has caused its seal to be hereto affixed; and the said Franchisee has caused this Agreement to be executed in its isame by Zihr\ WIsnis', its President, attested by flbeP. - T, He,Cs , its Secretary, and has caused the seal of said corporation to be hereunto affixed, all as of the day and year first above written. Signed, sealed and delivered CITY OF OCOEE in the presence of: 416kk_ / 1 • • By; S Scottander•ri , j � . Zid( Attest: L . , 11,`/ • tom, City Clerk AV lituttit;ela (SEAL) Signed, sealed and delivered FRANCHISEE: in the pres:. ce of: By: , �/� o. , /- 'resident �� era. Attest: `1I l,:, ,A; . , Secretary (SEAL) For use and reliance only by the City of Ocoee, Florida. Approved as to form and legality APPROVED BY THE OCOEE CITY This 24 day of Ave:-. , 2012. COMMISSION AT A MEETING HELD ON August 21, 2012 UNDER AGENDA ITEM Shuffield, Lowman &Wilson, P.A. NO. 1.15 41 , City A ttorney Residential C&D Debris Removal Franchise Page 12 EXHIBIT A SCOPE OF WORK RFQ#1202 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION&DEMOLITION DEBRIS REMOVAL This is an Invitation for statements of qualifications for the exclusive provision of Residential Construction and Demolition Debris Removal, as defined in chapter 403.703 Florida Statutes as amended from time to time, within the corporate limits of the City of Ocoee, Florida. The City has complied with the provisions of Section 403.70605, Florida Statutes, and approved on June 7, 2011 to proceed with the residential construction and demolition debris removal franchise. Pursuant to Section 143-12 of Chapter 143 of the Code of Ordinances of the City of Ocoee, the City seeks to enter into a franchise agreement with multiple persons or entities, as determined by the City Commission,to provide the aforementioned services within the City. The estimated total revenue for this franchise is$75,000-$100,000. The term of the Franchise is to commence on or around June 2014. The Franchisee shall pay to the City a franchise fee equal to twenty percent(20%)of the fees and charges actually collected by the Franchisee from customers for services rendered pursuant to the franchise granted by the City. Franchise fees will begin after the first full month's billings. The rates to be charged for the residential construction and demolition debris removal services will be as reasonably determined by the franchisee(s). (Remainder of page left blank intentionally) RFQ#1202 Residential CSD Franchise 20 1 Exhibit B RFQ#1202 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR STATEMENTS OF QUALIFICATIONS. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFQ INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING FRANCHISE AGREEMENT WITH THHE CITY OF OCOEE. A O p COMPANY NAME TELEPHONE(INCLUDE AREA CODE) 6T-7- K.-10Y°d FAX (INCLUDE AREA CODE) ' ' ettici5kifac‘scoco.„,) E MAIL ADDRFA / 1 ,) . �£je/i 4 .1I IF REMITTANCE ADDRESS IS DIFFERENT A Tu SIG AT RE(. 7-- . 4 FROM PURCHASE ORDER ADDRESS, St _ _ec Lc. - ( yy Op` PLEASE INDICATE BELOW: NAMErTLE(PLEASE PRINT) IJ NM" 705 Stmt , ns sky S EET D�RESSI1, y Sf) URATE 3x77 CITYSZIP FEDERAL IDN# SCI i]?D r7>5 Individual X Corporation Partnership Other(Specify) Sworn to and subscribed before me this I`5Mday of ,20/a! Personally Known or Produced Identification Notary Publi -State a'f (Type of Identification) (::*n �I •M....y--A9 �� e of Nota Public e.04boas.zo,� �• •*y �/S•4elCir#00 4— *' Printed,TypedStamped Commissioned 100967061 ;c 1.0.:.%. �`x or Name of Notary Public ,8III I I 11111 o``` RFQ#1202 Residential C&D Franchise 21 1TE PRO Cariny For Our Communities June 26,2012 Joyce Tolbert Purchasing Agent City of Ocoee Finance Department/Purchasing 150 N. Lakeshore Drive Ocoee, Florida 34761 Re: Submittal Letter for RFQ #1202 Exclusive Franchise for Residential Construction & Demolition Debris Removal Waste Pro of Florida, Inc. (hereafter referred to as Waste Pro) is a Florida corporation pleased to have the opportunity to provide the enclosed proposal for The City of Ocoee Exclusive Franchise for Residential Construction&Demolition Debris Removal. We have received and examined the RFQ and are pleased to offer our services. As you review our proposal and check our references I feel confident in saying that Waste Pro is uniquely qualified to handle The City of Ocoee's Construction & Demolition Debris Removal service requirements. Municipal contracts are our area of expertise; this is our bread and butter. We have enclosed references and encourage you to contact these municipalities, including those around Orange County, and ask their opinion of Waste Pro. In total, we hold exclusive municipal solid waste, recycling and yard waste franchises with ninety seven (97) total cities and counties serving over one million residences. We are financially sound and are ready to begin service on your contract. Customer service and safety are our number one priority. Our drivers are trained locally, not at an out of county location. They are trained on local major roads, intersections and landfills. -They are trained on local issues consisting of unique localized special events, contractual specifications, yard waste generation, seasonality of congested roadway conditions and environmentally sensitive issues. As a result we have one of the lowest employee turnover rates in the industry and a safety rating which far exceeds industry standards. Our employees are encouraged to "go the extra mile" with regard to servicing our customers. This is reflected in our outstanding reference letters from your sister cities&Counties. Please look into our Trac EZ program. Waste Pro was the first hauler in Florida to introduce this reporting system. If additional equipment is needed, The City of Ocoee is surrounded by local Waste Pro locations. Our fleets in Seminole, Orange, Volusia, and Lake Counties are available to the County should a natural disaster occur. Waste Pro has access to equipment to support the services required. Waste Pro understands the need for our municipalities to"Go Green". 2020 is not far away. From our fleet to our containers for special event recycling, Waste Pro is the premier choice for going green. Our new trucks employ particulate systems, resulting in omissions ahead of EPA regulations. These same trucks utilize a proprietary oil recycling system, resulting in less oil used during the lifetime of the truck. Waste Pro is the first hauler to utilize hybrid electric/diesel technology in the residential collection program within the State of Florida. 3705 Saint Johns Pkwy,Sanford,FL 32771-6369 Phone:(407)774-8800 Fax:(407)786-0800 WASTE PRO Caring For Our Communities Waste Pro understands the importance of having a local presence. Customer calls will be answered locally by a real person - not by an out of county automated attendant- resulting in a quicker response time. Waste Pro is a local privately owned company,with all generated revenue staying local. We are also committed toward a symbiotic relationship with our communities; Waste Pro will conduct HOA meetings, educational green demonstrations and sponsorships if needed. This is a small example of how we care for our communities. An area of concern we always face is "The Transition", which is our hallmark. Most all of the references we provided have undergone a Waste Pro transition. Winter Park, Winter Springs and Sanford all went through this process. Municipal startups in Seminole, Orange and Lake County are an application of a polished transition procedure. The key to a successful transition is daily communication between organization staff and Waste Pro management. Any issues, problems, questions or situations are addressed same day. This ensures a high level of accountability and an ease in conversion. We have put forth a great deal of information in this proposal and are open to negotiate any and all items. There may be ways to save The City of Ocoee considerable funds without diminishing services. We at Waste Pro look forward to servicing and providing your constituents with services that are the"Distinguishable Difference". Waste Pro warrants that the requirements of this project as described in the request for qualifications. We have conducted all necessary due diligence to confirm material facts upon which this proposal is based. In the event that we are fortunate enough to be selected, I would sign the agreement, and I am always available if additional • ation is s uired. - .ards Ste .j -. Division ana:; r Waste Pr. of F orida,Inc. 3705 St John's Parkway Sanford,FL 32771-6369 slafferty@wasteprousa.com Cell:407-557-5273 Phone:407-774-0800 Fax: 407-786-0800 3705 Saint Johns Pkwy,Sanford,FL 32771-6369 Phone:(407)774-8800 Fax:(407)786-0800 Center of Goo,i . Mayor +f7 Commissioners S. Scott Vandergrift •n� ;N , Gary Hood,District 1 Rosemary Wilsen, District 2 City Manager �_i ' � ..��((""�� _ .� Rusty Johnson, District 3 Robert Frank , --� ` ; -:rYQ�5, Joel F.Keller,District 4 VIotjd� - CITY OF OCOEE REQUEST FOR QUALIFICATIONS RFQ #1202 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL 9 F:.,'--4-4.-_;-- '�` *-r ; x'�e a +�,t---;-:-:-=7,.1• .Si.. F+ice' ' VIT—Lei[3:_ t 0,4,' ,1 ,,o .-,.--,,'1:-t- -.,5-i ''—e�'�1 •t � it,- }.x� f ,,, .t - i c '',f, ,•,--- --��hw2•4',-' T ,� � 4}-tttit y ---.4,1.,:- - T, ' 4 :.1 ekil `- a x 11.11394 - y{J�3,,,t.o � TR ,,,_=.? ` 1'19 at�,.D l+j., `� O4 8 yti �1 PzO r i� ,---, i'�h RFQ DOCUMENTS Section Page Legal Advertisement 3 RFQ Instructions 4-6 General Terms & Conditions 7- 19 Summary of Litigation*,p. 14 Acknowledgement of Addenda*, p.14 Equipment Listing*, p. 14 References/Experience*, p. 15 Contract References Contact Information, *16 Clarifications &Exceptions to Franchise Agreement, *17 SCOPE OF WORK, AND PROPOSED FRANCHISE AGREEMENT Section Page Exhibit A—Scope of Work 20 Exhibit B—Company Information and Signature Sheet*, 21 Exhibit C—Proposed Franchise Agreement 22-33 *Submit with Response End Table of Contents RFQ#1202 Residential C&D Franchise 2 Request for Qualifications, Legal Advertisement The City of Ocoee, Florida, (City) is soliciting for sealed statements of qualifications for RFQ# 1202 Exclusive Franchise for Residential Construction & Demolition Debris Removal. Pursuant to Section 143-12 of Chapter 143 of the Code of Ordinances of the City of Ocoee, the City seeks to enter into an exclusive franchise agreement with multiple persons or entities, as determined by the City Commission, to provide the aforementioned services within the City. Qualification Packages will be received at the office of Joyce Tolbert, CPPB Purchasing Agent, Finance Department/Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 pm, local time, on June 26, 2012. Qualification Packages received after that time will not be accepted under any circumstances. Sealed qualification packages that have been timely received will be publicly opened and the name of the responding firms 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 response through Onvia/Demandstar by accessing the City's website at htto://www.ocoee.org under Finance/Purchasing. Partial sets of the documents required for submitting a response will not be issued. By using Onvia/Demandstar, prospective respondents will be provided with all information regarding this RFQ and addendums and changes to the project requirements. Membership with Onvia/Demandstar is not required to submit a response; fees may apply for non-members. Persons other than prospective respondents may inspect the documents required for submitting a response 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, June 3,2012. RFQ#1202 Residential C&D Franchise 3 CITY OF OCOEE REQUEST FOR QUALIFICATIONS(RFQ)#1202 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION &DEMOLITION DEBRIS REMOVAL A. Sealed Statements of Qualifications for RFQ #1202 will be received by the City of Ocoee, hereinafter called "City," from any person, firm, corporation, or agency, hereinafter called "Respondent," submitting a response for the services being solicited. Each Respondent shall furnish the information required on the forms supplied, using additional forms if necessary. Responses submitted on any other format shall be disqualified. Responses must be typewritten or handwritten using ink;do not use pencil. Statements of Qualifications must be submitted under the signature of a legally responsible representative, officer, or employee and should be properly witnessed and attested. All responses should also include the name and business address of any person, firm, or corporation interested in the response, either as a principal, member of the firm, or general partner. If the Respondent is a corporation, the response 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 RFQ should be addressed in writing to the Finance Department/Purchasing, City of Ocoee, FL, Attention: Joyce Tolbert, Purchasing Agent (407) 905-3100, extension 1516 and fax (407) 905-3194 or email jtolbertAci.ocoee.fl.us, and must be received not later than June 19, 2012, at 2:00 p.m. in order to receive an answer. Any clarifications/changes will be only through written addenda issued by the Purchasing Agent. Respondents should not contact City staff, with the exception of the Purchasing Agent In addition, no contact is permitted with the City Commission,or other City consultants for information regarding this RFQ before the franchise agreement 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. The Statements of Qualifications must describe the qualifications of the firm planning to provide services. The Statements of Qualifications shall be presented as one (1) original and ten (10) copies and one (1) electronic copy of the proposal. The electronic copy shall be a complete copy of the response submitted in a fully electronic form on a CD-ROM as an Adobe PDF file, version 5 or later. The entire Statements of Qualifications package shall be received by the Finance Department not later than 2:00 P.M., local time, on June 26, 2012. Responses received by the Finance Department/Purchasing after the time and date specified will not be considered, but will be returned unopened. "Postage Due" items will not be accepted. Statements of Qualifications or any information transmitted by fax or e-mail will not be accepted. Statements of Qualifications shall be delivered in a sealed envelope, clearly marked with the RFQ number,title,and closing date and time, to: City of Ocoee Finance Department/Purchasing Attention: Joyce Tolbert, Purchasing Agent 150 N. Lakeshore Drive Ocoee, FL 34761-2258 D. Pre-Proposal Conference: None scheduled at this time. RFQ#1202 Residential C&D Franchise 4 E. Responses will be reviewed by an evaluation committee appointed by the City Manager and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled evaluation committee meeting(s) for this RFQ will be noticed publicly and on Demandstar. The evaluation committee shall supply a ranked list of the proposing firms and a recommendation regarding which firm(s) should be selected by the City Commission. The franchise agreement may be awarded to multiple Respondents, as determined by the City Commission, according to the evaluation criteria listed in this RFQ. Please be aware that all City Commission meetings are duly noticed public meetings and that all documents submitted to the City as a part of a response to a solicitation constitute public records under Florida law. F. All Respondents shall thoroughly examine and become familiar with this RFQ package and carefully note the items specifically required for submission of a complete Statements of Qualifications. G. Submission of Statements of Qualifications shall constitute an acknowledgment that the Respondent has complied with the instructions of this RFQ. The failure or neglect of a Respondent to receive or examine a document shall In no way relieve it from any obligations under its Statements of Qualifications or the franchise agreement. 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. Statements of Qualifications shall be in compliance with the contract documents and scope of services. All costs to prepare and submit a response 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 right to issue addenda concerning the date and time when Statements of Qualifications acceptance shall close at any time up to the date and time set for Statements of Qualifications closing. In this case, responses that have been received by the City prior to such an addendum being issued will be returned to the Respondent, if requested, unopened. In case any Respondent fails to acknowledge receipt of any such addendum in the space provided in the RFQ documents, its response will nevertheless be construed as though the addendum had been received and acknowledged. Submission of Statements of Qualifications will constitute acknowledgment of the receipt of the RFQ Documents andall 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 RFQ Documents shall not bind the City. Any of the following causes may be considered sufficient for the disqualification and rejection of a Statements of Qualifications: a) Submission of more than one(1) response 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; RFQ#1202 Residential C&D Franchise 5 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 properly 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 Statements of Qualifications. 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 public entity crime may not submit a qualification statement on an award to provide any goods or services to a public entity, may not submit a response on an award with a public entity for the construction or repair of a public building or public work, may not submit qualification statements 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. [See 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 RFQ 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 Statements of Qualifications that they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All Statements of Qualifications received in response to this RFQ 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 franchise agreement will become the exclusive property of the City. L. ACCEPTANCE AND AWARD. The City reserves the right to accept or reject any or all responses, to waive formalities, technicalities or Irregularities, to request clarification of information submitted in any Statements of Qualifications, or to re- advertise for new qualifications. The City may accept any item or group of Items of any response, unless the Respondent qualifies its Statements of Qualifications by specific limitations. The City may accept one or more responses 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 a franchise agreement 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 responses 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 responses for acceptance and award. RFQ#1202 Residential C&D Franchise 6 RFQ#1202 GENERAL TERMS&CONDITIONS: • 1. BID SECURITY: None Required. 2. PERFORMANCE BOND: The Franchisee(s) shall, without expense to the City, furnish a performance bond in a form acceptable to the City as security for the performance of the franchise agreement. Said performance bond will be in the amount of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00). All premiums for the performance bond shall be paid by the Franchisee. This performance bond shall be written by a surety company licensed to do business in the State of Florida and approved by the City and shall be maintained in full force and effect throughout the term of the franchise agreement. 3. PATENT INDEMNITY: Except as otherwise provided, the successful Respondents agree 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 the franchise agreement. Further, the Respondents 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. 4. AWARD CRITERIA: The franchise agreement will be awarded to multiple Respondents, as determined by the City Commission, according to the evaluation criteria listed in this RFQ. 5. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Agent in the following manner: a) A Respondent shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. b) A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the RFQ, its addenda, and other bid 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 bid. 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 recommendation of award by staff,whichever is earlier. RFQ#1202 Residential C&D Franchise 7 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 the City denies the protest, the City may proceed with award of the franchise agreement unless enjoined by order of a court of competent jurisdiction. 6. 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 Franchisees are required to comply with the Code of Federal Regulations (CFR) provisions found in 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 Franchisee 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 Franchisee 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) The Franchisee shall provide personal protective equipment that may be required for jobs in progress. e) The Franchisee shall observe the speed limit on City property. •• f) 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 B30.5. 7. 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. 8. CONTRACT: The successful Respondent(s)will be required to enter into a Franchise Agreement with the City. The proposed Franchise Agreement is attached. 9. 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 qualification statement. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms, other RFQ#1202 Residential C&D Franchise 8 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. 10. STATEMENT OF AFFIRMATION AND INTENT: a) Respondent declares that the only persons or parties interested in their response are those named herein, that this Statements of Qualifications 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 franchise agreement 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 will directly or indirectly benefit by the profits or emoluments of this response. (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 with the City. In the event that a conflict of interest is identified in the provision 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 RFQ has occurred, and that the response is made according to the provisions of the RFQ documents, and will meet or exceed the scope of services, requirements, and standards contained in the RFQ 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 for 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 Statements of Qualifications constitutes a firm and binding offer by the Respondent to perform the services as stated. RFQ#1202 Residential C&p Franchise 9 11, PUBLIC ENTITY CRIME STATEMENT: a) All bids, as defined by Section 287.012(11), Florida Statutes, requests for bids, 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 been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids 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 Statements of Qualifications 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. 12. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the Franchisee; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee contractor registration if permitting is required. Please contact the City's Building Department at (407)905-3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations(Federal, State, County, and City)is the responsibility of the Franchisee. 13. STANDARD INSURANCE REQUIREMENTS: The Franchisee shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Franchisee allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of"VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S.440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The RFQ#1202 Residential CSD Franchise 10 payment of such deductible shall be the sole responsibility of the Franchisee and/or subcontractor providing such insurance. b) Workers' Compensation Insurance: The Franchisee shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Franchisee's employees connected with the work of this project and, in the event any work is sublet, the Franchisee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Franchisee. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under the franchise agreement for the City is not protected under the Workers' Compensation statute, the Franchisee shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Franchisee's employees not otherwise protected. • Include Waiver of Subrogation in favor of the City of Ocoee c) Franchisee's Public Liability and Property Damage insurance: The Franchisee shall obtain during the life of the franchise agreement COMMERCIAL AUTOMOBILE COVERAGE,this policy should name the City of Ocoee as an additional insured, and shall protect the Franchisee and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under the franchise agreement whether such operations be by the Franchisee or by anyone directly or indirectly employed by the Franchisee, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability& Property Damace Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired& non-owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Franchisee is primary and non-contributory. •$2,000,000 GENERAL AGGREGATE •$2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE ■$1,000,000 PER OCCURRENCE ■$1,000,000 PERSONAL&ADVERTISING INJURY •include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Franchisee shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Franchisee's policy, as specified above. 4) Owner's Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured's general supervision of the independent contractor. The Franchisee shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000.Aggregate and naming the City of Ocoee as the Named Insured. RFQ#1202 Residential C&D Franchise 11 5) Contractual Liability: If the project is not bonded, the Franchisee's insurance shall also include contractual liability coverage to insure the fulfillment of the franchise agreement. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. •$1,000,000 PER OCCURRENCE •$2,000,000 AGGREGATE 6) Commercial Umbrella: 11,000,000 PER OCCURRENCE ■$2,000,000 Aggregate "Including Employer's Liability and Contractual Liability 7) Builders Risk:As applicable for construction projects: 4100,000 Any(1) Location 6$1,000,000 Any(1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample below), naming the City of Ocoee as an additional insured will be furnished by the Franchisee upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: i) The name of the Insured Franchisee, the specific job by name and job number,the name of the insurer, the number of the policy, its effective date, its termination date. ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. (Remainder of page left blank intentionally) RFQ#1202 Residential CBD Franchise 12 • • ORA CERTIFICATECIFLIJSBILITYINSURANCE 741f. a"'"n • nurtpriminro7tu1.}rry/YMn!■:11tn-s1 • Um a1]it Ow,bnA 7M7WWI I I.17i7m'•377 I lI,.1u iel Mai Krr.12".11.Mt4 a..]r1m 1 ILL11.7.17fR�N771AY"IN 1f!'L]:meant . ' ir&WRlu•rie,a LVILMRML $C . Lam.r .11,mow•....14,1_.___; • 7,71..../•,•,i 3 Rata •TIl.r. _ _• r- .LAC t�•� I'MSJLL • ( 111.41,7...10.10'..•aa .mi.A.d.....a..v,...XA/1WLir ea.rr...,1 nb111LL1TN,i:•l 1 yr1pLili.na.•v.n,w.aa,Lir1l1.�11+•.•a•aYX17i'Ir•r•, i',rm IGFs r 1 .Y yMni.,, MI.0 r'iii i}1P!'Nln:/ {is�,L71 la•I-,.ya�L�iL.lit-lCM7e£.ar •wryer ! •1LVo Srf�llll sillg7.'..w..�a.yLWL.UiLl,; ;;" e lsc.LS4_,_,_, :J� ". li«0...CM.:.. �Q77.,.�,.._;..1 , 110.1... •.7.744,771 _ lw 04.74 .•-a.eJL4e••si:,3,x7.777 iii I�cs. d,A1i ,.....ii 4}.771.[LL 11.14:,'-•",t,,:.a 1 �_v7 I 'ji.r..M1x r>,la .. I _ .•. r , 0000_ j%r.1•r ..`.i .,x i i.., I le ..mi. __'CAW. , [....._:,e.„7...:„Arew �� }3. 17[I7 7 •W.11111 ) t.�.._—•. 1 :w I3iY• I 1. .. ... .. ..z. YAMS&IICC Nil w.. lll 1 L[Jl4e,r'7,.I - L I1I1 I_, 1.7.71.1.4 II ,Lt _ 1 I tire,..,�ir'..tanrr..iiiRrr,v .....1 1L.-I.a....4C7 1r1A1a,.i a7'Sall 71117..,1..1.J7 LIM1 1..,.1LL2tri 4.1180x.....a.:.111.171 11.0.•.1 as rti 971.1..1 r.I.ALi&i'i S.'17•••=J. LJAALLL1.. Crra...., :capameint..,6p1.Fie7'£Oki.(-11 L 011141.III.M111Llr .J.L11 f:CJL1 F K x YJ uU..„1..L;i,YC If;Iii n..1 nailiCli I,,744,.. 11..I..L3LLe7Li Wel, I.aJiia_u I noratinosutit TNii11e711k. /=tcyrstb. �r111rS1■i■Lai ••�• VOWLIL JR ._ -&111!•1 •'•a•Malan..cv.ICIRIPAM e,,•......,aerr.�.r nr., L ..i11R ,. aa,..1.a ..aknIw... LI a.WIV7. nrm,n tl i171171.1.1.7...,.....1,14Mr........r"1161'''' racy at dm.^_ " a..rwerauv..r,+.•1rJr+r11lvl+..r.ru•s..r,1Y L'hi R.10.110.97.9,r M. a R+..i r14.,JS1S1.7717i1 • ...r i11T,i--.." .. WWI nICEMII +—{11•• •C L% [LMreW 7x•11.. RFQ#1202 Residential C&D Franchise 13 14. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid disputes, or contract dispute(s)filed by or against the Respondent in the past three (3) 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 necessa • \ Q • Gtr . + - n C��.t r -N _...n c r. c c lel c.�Le'Rfn +,-. P Bask- 3 -pars uIr,. {pttiiActr Col e. o Cs-- \cissa ri s 15. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. a Dated Z5LAne- ) 3 2()l2 No. Dated No. Dated 16. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties t1 i cluding whether owned or leased. If leased please provide name of lessor. oA "Tr }�a.,Aoo-,/Var7t 7-Lad / 1LfC AooY /ia k CI 7/3 l�!(0/ a0o�/ i'17,4 P , Co7J / /WI IooG, /Ja,/crfi7i3 /70,4,20(2(0a_,,77ac% <-U7,'4 / /.'?3, .2 D&?j A'.Z,I 01 713 _!9•A/ 4097/ z .e•-fl f$'� /f e.YrL7&=,/ ,ej d'c3T r:/hoer(.tc RFQ#1202 Residential C&D Franchise 14 17. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: 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 oast three(3)years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ ����TELEPHONE NUMBER/EMAIL ApDRRESS/ AMj OF CONTACT [) aOO 6 1?Pesen�- -3r00tr 4.6rt ta.1 rAnr C' rnPresal C.LJusieF irECul►xJ ScfOtee eXclt)61r)e1� {-I-1f' CA , ars Su. CJ000 .6.7- ---7 '✓i'odi.Ie ')ertk-...1 circ) a nmra-►ere t.e1 WaS\e. una eeeyeltn tjprt?ket) •P 4r.it)S1.)eL -{=r-51:3 c CA-7, Of k,A)v�1er frIn9-3 ..OO ' to ' Esc d - ' Lost. -n . _n mer ,4‘ a0...)0t. e nv reC%Ar.l,,, � aet mce F'Iceuk Jel.o-&..1-rk-e C., --/o E- See ckrkrhr..ve INN LJ.-Ske,r-t'ro 1slun i e r.1 Cu n t Etier,t ncee1` Have you any similar work inogress at this time?YesNo_ Length of time in business I 1 ,,,Q4 years months. Bank r oth r fin ci references: n es. 14MQP I ea tOo r2),P.nw4 c 4- `—&.6 r. millGala) Tp hsr,�-ti ( I)- y'q-5-75 1 Fa4 70q--"719-5alq (Attach additional sheets if necessary) RFQ#1202 Residential C&D Franchise 15 • RESPONDENT: ike/tSVE__ � 18. CONTRACT REFERENCES CONTACT INFORMATION List below firms with whom you have contracted for solid waste collection services within the past or with whom you are presently contracting. 1. COMPANY NAME: 1 i'y d-3 ncc'c) ADDRESS: 5OO CarY-, i\OPi /tilcOr , FL 3g77,9-- CONTACT PERSON: l✓,,m i ly Mon-ILr Sd1O W[L� D1 fer-'4°C PHONE NO.: 967 '30a_ 11f/1/ 2. COMPANY NAME: C \-Ly ass ( I1 o�pctD. S i ADDRESS: �. firer In-1-er 41i-,(A5 FL 32o% CONTACT PERSON: �4;p�r, Loc,'SC, g PHONE NO.: ( fl. 3. COMPANY NAME: C V o tN l,r� (' ')Gtr\ ADDRESS: l/ �U 1 �� �Glf A(Je, Wt41-er 1AL, � Ft 30276' CONTACT PERSON: 1 i tG }�2. 1Q OSP \ ay PlIk PHONE NO.: 599—339°/ RFC)#1202 Residential C&D Franchise 16 RESPONDENT: 19. CLARIFICATIONS AND EXCEPTIONS TO FRANCHISE AGREEMENT 1. Do you have any clarifications and exceptions to the proposed Franchise Agreement? Yes )( No If yes, will you enter in the Franchise Agreement if the City does not accept any of the exceptions/changes requested? Yes No If yes, state below ail clarifications and exceptions. • RFQ#1202 Residential C&D Franchise 17 20. SUBMITTALS: Each Statements of Qualifications shall contain the following either on this form or on separate signed and numbered sheets attached to this form: 1. A statement of experience and qualifications in waste management and residential construction and demolition debris removal services. 2. A description of equipment and reserve equipment proposed to be used to service the accounts within City of Ocoee under the terms of the franchise agreement. Include a description of the proposed dumpsters and containers, 3. Whether the proposed equipment to be used is currently owned or leased by the Proposer and whether it will be owned or leased during the term of the franchise. If leased, indicate the lessor of the proposed equipment. 4. Indicate whether within the past three (3)years you had a franchise or other agreement terminated by a governmental entity due to a default or alleged default? If yes, provide explanation. 5. List all franchise and other agreements which you currently have in place with governmental entities within the State of Florida. If more than five(5), list the five largest accounts. 6. If you have any clarifications or exceptions to the form of franchise agreement, so indicate on a separate sheet labeled "Clarifications and Exceptions to Franchise Agreement". If you have clarifications and exceptions, indicate if you will enter into the franchise agreement as prepared by the City if the City does not accept any exceptions or changes requested. 7. Use the attached Contract References Form to provide three references with which you have contracted for solid waste commercial and multi-family collection services. 8. Attach a copy of a valid business or occupational license. 9. Attached the forms listed on Table of Contents required to be submitted with your response. 10. Attach a current Financial Statement. Please submit a total of eleven (11) copies in separate envelopes, one copy for each copy of your Statements of Qualifications. The financial statements will be kept confidential as they are exempt from the Florida public records law, and will be destroyed within five (5) days after award of the franchise, unless a request to return is received. (Remainder of page left blank intentionally) RFQ#1202 Residential C&D Franchise 18 21. EVALUATION CRITERIA: The City shall select the responses which is determined to meet the best interest of the City based on the following factors: 1. The proven ability of the Proposer to efficiently provide residential construction and demolition debris services including verifiable references for the past (3) years (0 - 40 points) 2. The type and amount of equipment proposed to be used by the Proposer; (0 - 30 points) 3. The financial stability of the Proposer;(0-30 points) Responses will be reviewed by an evaluation committee appointed by the City Manager and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled evaluation committee meeting(s) for this RFQ will be noticed publicly and on Demandstar. The evaluation committee shall supply a ranked list of the proposing firms and a recommendation regarding which firm(s)should be selected by the City Commission. The franchise agreement may be awarded to multiple franchisees, as determined by the City Commission, according to the evaluation criteria listed in this RFQ. Please be aware that all City Commission meetings are duly noticed public meetings and that all documents submitted to the City as a part of a response to a solicitation constitute public records under Florida law. The City reserves the right, before awarding the franchise agreement, to require a Respondent to submit such additional evidence of its qualifications, as the City may deem necessary. The City shall be the sole judge of the competency of Respondents. All successful Respondents shall be required to execute an agreement that provides, among other things, for all plans, drawings, reports, and specifications resulting from Respondent's services to the City are to become the property of the City. Award, if made, will be to the responsible and qualified Respondent whose Statements of Qualifications is responsive to this Invitation and is in the best interest of the City based on the factors set forth in this RFQ, City Ordinances and In the franchise agreement. The award of the franchise pursuant to this RFQ is subject to the provisions of the Charter of the City requiring a public hearing preceded by at least thirty(30) days notice of the hearing and the proposed action by publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City of Ocoee. Within ten (10) days after written notice of award you will be required to submit the following: (1) Executed Franchise Agreement in the form attached with any clarifications and exceptions agreed to by the City; (2) Evidence of insurance in compliance with the Franchise Agreement;and(3) Executed Performance Bond. RFQ#1202 Residential C&D Franchise 19 e Center of Good 4, � � .. Mayor �� _% Commissioners • S. Scott Vandergrift x , ;r i, Gary Hood,District 1 } Rosemary Wilsen,District2 • City Manager ;" f RustyJohnson,District 3 Robert Frank �` ' ' `_ � � Joel Beller District 4 June 13, 2012 ADDENDUM NO: ONE(1) CITY OF OCOEE RFQ#1202 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION& DEMOLITION DEBRIS REMOVAL i This addendum consists of one 1 page,and shall modify and become a part of the original RFQ documents for the exclusive franchise for residential construction and demolition debris removal. Respondents shall acknowledge receipt of this Addendum in the space provided onage 14 of the RFQ. Failure to do so may subject the Respondent to disqualification. The RFQ due date remains the same, Answers to Questions Received and Revisions and/or.Clarifications to the RFO document are as follows: Q1. Does this RFQ include commercial construction and demolition debris? Al. No,see definition clarification below: t, - Please add the following to the Scope of Work Section,page 20 of the RFQ: Residential Premises: 1.New or existing single-family residential units. 2.New or existing multiple-family residential units containing fewer than four single-family residential units. Residential Construction and Demolition Debris: Construction and demolition debris, as defined in chapter 403,703 Florida Statutes as amended from time to time, from residential locations where the volume of debris is sufficient to require the use of a roll-off or other similar on-site storage container,as determined by the City. cc To bert,CPPB Purchasing Agent Cc:Evaluation Committee City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone:(407)905-3100•fax:(407)905-3194•www.oeoee.org 'WASTE PRO Caring For Our Communities Re: RFQ#1202 Exclusive Franchise for Residential Construction and Demolition Debris Removal Statement of Experience: WASTE PRO USA, INC (Waste Pro), an eleven year old solid waste & recycling firm, is headquartered in Longwood, Florida and is managed by the southeastern United States most experienced team of waste professionals. Many years ago, the first Jennings solid waste company was known as a people company because our employees and our customers worked hand-in-hand to create a WIN-WIN situation. We realized that our customers sign our paychecks and we would strive to satisfy our customers' needs and wishes. Starting at the top our executives and manager grew up in the business. John Jennings, the CEO of Waste Pro, is a second generation American and garbage man. During college summers John worked on the back of his father's truck. John eventually earned his MBA from St Johns University and later worked on Wall Street as an investment banker. John now sits on the board of directors at Saint Johns University. When John Jennings started his first waste collection company in 1973 he didn't think about how big his company could become—he knew only that his customers paid for a service and he wanted to provide the best service he could. He wanted to distinguish him from the other companies. And he did! His business began to grow and expand. He started in Orange County, Florida in the residential business and soon expanded into the commercial business. In 1976,he expanded in to Seminole County and in 1981 opened a site in St Cloud in Osceola County. By 1983, he ventured into Volusia and then Flagler Counties. By 1992, the Jennings companies had expanded operations to include municipal consulting and sales. To more adequately describe the total services being offered by the group, John incorporated Jennings Environmental Services,Inc. In March of 1992 and used this vehicle of expansions and acquisitions. John Jennings met John Drury, then a Regional Vice President for BFI, in 1979. John Drury later became President of BFI and subsequently Chairman and CEO of USA Waste Services, Inc. (USA). As both companies grew, a professional friendship developed between the two men leading to the transaction in 1996 in which Jennings Environmental Services, Inc. became the first subsidiary of USA and John Jennings headed up corporate activities for Florida and the Caribbean. Jennings and USA grew rapidly and, in fact, acquired Waste Management, Inc. in July of 1998. Because Waste Management dwarfed USA in size the board of directors elected to change the name USA to Waste Management. Today's Waste Pro Jennings Team are people who prefer day-to-day contact with both our employees and our customers. Our philosophy is drastically different that the corporate bureaucratic make-up of the big national companies. Our adherence and dedication to customer service differed from the dictates of an out-of-state policy. Our preference to deal with local vendors was deemed unacceptable. Our personal touch with our employees and their families was thought to be old fashioned. 3705 Saint Johns Pkwy,Sanford,FL 32771-6369 Phone:(407)774-8800 Fax:(407)786-0800 WASTE PRD Caring For Our Communities Bob Hyres serves as our Executive Vice President/Corporate Secretary. Mr. Hyres, also an MBA recipient (Rollins College), is a 30 year solid waste veteran. Bob is recognized expert in this industry. He has worked in ail phases including general management of large multiple operations, municipal marketing and government affairs, Beginning as a route manager years ago, he eventually developed and held responsibility for over 160 municipal contracts for both collection and over 20,000 businesses, representing more than $600,000,000 in annual revenues. He is the past chairman of the Advisory Board for the Florida Center for Solid and Hazardous Waste Management (a Florida University System Study Center) and the Florida Chapter of the National Solid Wastes Management Association (NSWMA). He also currently serves on the national Government Affairs Committee for NS WMA. He was recognized for his statewide leadership role in Florida and was awarded the 2025 NS WMA National Distinguished Service Award in Las Vegas. Don Phillips serves as Waste Pro's Chief Financial Officer. Don has over thirty years of financial and operations experience in a variety of industries. He has over twenty years of corporate experience with tow Fortune 500 companies and packaging companies. His positions ranged from Division Controller to Vice President and Group Executive. Prior to joining Waste Pro, Don worked for Vestal & Willer CPA's as Director of Business Development. He has an MBA as well, and is a graduate of the General Electric Companies Finance Program. Mr. Philips spearheads the entire function of Waste Pro group of companies and has implemented several state-of-the-art systems. These systems particularly allow us to report results in a more timely fashion that the larger public companies. Tim Dolan serves as Regional Vice President of Central Florida. Tim has worked in the solid waste and recycling industry since high school. He has held positions in sales, operations, human resources and municipal marketing, all in Kentucky, Georgia, North Carolina, South Carolina and Florida. Tim has successfully managed 20 contract startups ranging from 500 to 40,000 homes in the past five years. Since 2004 Tim built the Central Florida division into Waste Pro's largest division. Tim received his BA from North Carolina State University. Steven Lafferty serves as Division Manager of Orlando Division. He joined Waste Pro in June of 2011. He has over five years of solid waste management experience with national companies. Steven has extensive training and experience in safety, administration and business management. Prior to work in the solid waste industry, Steven was a licensed insurance and Series 7 financial advisor. Steven is currently responsible for 22 municipal services contracts in Orange, Seminole, Lake and Volusia Counties. He received his BA from Oakland University,Rochester, Michigan. The overall qualification of Waste Pro to provide requested services is evident by the reputation of being "The Distinguishable Difference" and "Caring for our Communities". This reputation is not earned by merely meeting expectations, But rather by exceeding normal contractual obligations. We will be more than happy to describe these differences in detail. Part of this distinguishable difference is Waste Pro's decentralized model. This differs from larger companies. Each Waste Pro division is allowed to customize their business plan according to the needs of the communities they serve. This localized focus eventually results in better communication, which yields 3705 Saint Johns Pkwy,Sanford,FL 32771-6369 Phone:(407)774-8800 Fax:(407)786-0800 VASTE PRO Canny For Our Communities a better service record. It is our service to your record of service that has propelled Waste Pro over the last 11 years to become a leader in our industry here in Central Florida. Ocoee staff will experience a high level of personal and customized service that caters to the needs of the Ocoee, not a generic model that necessarily benefits Waste Pro. Ocoee can be confident that they are working with an experienced hauler, one with decisive problem solving skills. We do not have to wait for regional or out of State corporate authority, all operational decisions are determined locally. All of our 170,000 Central Florida customers deserve local, immediate attention to detail. Each of our Central Florida contract were once serviced by a larger national hauler. We invite you to contact these municipalities (Waste Pro Municipal Contract Experience) and find out 1) how the service level/business relationship, and 2) the service differences between Waste Pro and the previous hauler. Summary of Litigation: Currently there are no litigation, claim(s), or contract dispute(s) filed by or against the Waste Pro in past (3) years which is related to the services that Waste Pro provides in the regular course of business. List of Equipment: • Roll Off Truck 122 Year:2002 Make: Mack Model: E7-400 • Roll Off Truck 145 Year:2004 Make: Mack Model:CV713 • Roll Off Truck 146 Year:2004 Make: Mack Model:CV713 • Roll Off Truck 191 Year: 2006 Make: Mack Model:CV713 • Roll Off Truck 178 Year: 2006 Make: Mack Model:CV713 • Roll Off Truck 133 Year: 2003 Make: Mack Model:CV713 • Roll Off Truck 198 Year:2007 Make:Mack Model:CTP713B • Various 10, 18,20, 30,40 Open Top Containers Proposed Equipment is owned by Waste Pro of Florida,Inc. Waste Pro of Florida has not had a contract terminated by a governmental entity due to a default or alleged default within the past 3 years. • 3705 Saint Johns Pkwy,Sanford,FL 32771-6369 Phone:(407)774-8800 Fax:(407)786-0800 State Department of State I certify from the records of this office that WASTE PRO OF FLORIDA, INC. is a corporation organized under the laws of the State of Florida, filed on January 5, 2001. The document number of this corporation is P01000003611. I further certify that said corporation has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on January 11, 2012, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida,at Tallahassee,the Capital, this the Twenty Second day of June,2012 r ;x Secretary of State �.�. ,a,; - . ., Authentication ID:400236731854-062212-P01000003611 To authenticate this ccrtificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html , r&t: ORANGE Cour 7. Et� ?� GOVERNMENT1 p'.;;iN-;,2.- FL O R I D A Orange County Solid Waste Department I Commercial Collection License Having successfully met the requirements pursuant to Chapter 32, Section 178, of the A; Orange County Code, a COMMERCIAL COLLECTION LICENSE is hereby granted to: , WASTE PRO OF FLORIDA This license is in addition to and not in lieu of any other license required by law or municipal • `l Ordinance and is subject to regulations of zoning, health and any other lawful authority. i f `i Renewal Expires December 31, 2012 ' o' 1 I ' �"' RANGE OL�NTY 1 � p�',, `` GOVERNMENT H . 7-i-- F L O R I D A . Orange County Solid Waste Department ! I Recycling Registration Y g g Having successfully met the requirements pursuant to Chapter 32, Section 178, of the Orange County Code, a RECYCLING REGISTRATION is hereby granted to: WASTE PRO OF FLORIDA Ali I 4 This license is in addition to and not in lieu of any other license required by law or municipal 4 Ordinance and is subject to regulations of zoning, health and any other lawful authority. 1 I k , i Renewal Expires December 31, 2012 I 1 i Bond Number:SU38179 CONTRACT PERFORMANCE BOND (Exclusive Residential Construction and Demolition Debris Removal Franchise Agreement) KNOW ALL MEN BY THESE PRESENTS that Waste Pro of Florida,Inc. , a Florida corporation, (hereinafter referred to as "Principal"), and Aspen American Insurance Company , a corporation organized under the laws of the State of Texas and licensed to do business in the State of Florida(hereinafter referred to as "Surety"), are held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of Twenty Thousand Dollars ($20,000.00), for the payment of which sum well and truly made, Principal and Surety bind themselves, and their successors and assigns,jointly and severally, in accordance with the terms set forth herein. Recitals WHEREAS, Principal has by written agreement dated October 3rd,2012 entered into a contract, with the Obligee titled "Exclusive Residential Construction and Demolition Debris Removal Franchise Agreement" (hereinafter referred to as the "Contract") for the purposes of establishing an exclusive franchise granted by the Obligee and accepted by the Principal for the residential construction and demolition debris removal within the corporate limits of the City of Ocoee; and WHEREAS,the Contract identifies certain performance obligations of the Principal for a term of five (5) years commencing on June 8, 2014, which term may be extended for an additional two (2)years; and WHEREAS, the Surety acknowledges receipt of good and valuable consideration for the obligations it assumes hereunder. NOW, THEREFORE, it is agreed that the above Recitals are acknowledged to be true and are incorporated herein by reference. This Contract Performance Bond is being issued by the Surety to secure the performance obligations of the Principal under the Contract and any additional extensions thereof. If the Principal shall well, truly and timely perform all the undertakings, covenants, terms, conditions, and agreements of said Contract, within the term of the Contract and all extensions thereof; and shall also well, truly and timely perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Contract that may hereafter be made; and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, caused by any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, costs and attorneys' fees, including attorneys' fees incurred in appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform its performance obligations under the Contract, then the obligations of this Contract Performance Bond shall be null and void; otherwise, this Contract Performance Bond shall remain in full force and effect and Surety shall be liable to Obligee under this Contract Performance Bond in accordance with its terms. ORLA_1484761.1 The Surety's obligations to the Obligee hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (a) amendments or modifications to the Contract entered into by Obligee and Principal without the Surety's knowledge or consent; (b) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (c) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The United States Bankruptcy Code, as the same may be from time to time amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or(d) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. Any changes in or under the Contract or noncompliance with any formalities connected with the Contract or changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. The Surety shall perform the obligations of the Principal under the Contract upon receipt of five (5) days written notice of the Principal's default. In the event that the Surety fails to fulfill its obligations under this Contract Performance Bond,then the Surety shall pay, indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, caused directly or indirectly by the Principal's default(s) and the Surety's failure to fulfill its obligations hereunder. This Contract Performance Bond and its obligations shall survive the termination or cancellation of the Contract. The payment and indemnification obligations set forth in this paragraph shall be limited by the Penal Sum of this Contract Performance Bond. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the 8th day of May , 2014, the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Waste Pro of Florida,Inc. Principal / t / J By: �t f `1 (SEAL) gar j I ci i I 1-4t4r (Official Title) Aspen American Insurance Company Surety By: (SEAL) tephen A. ann Attorney-in-Fact (Official Title) (Counters ed by Florida Registered Agent) Margaret A.Ginem ORLA_1484761.1 AA 13 P H N Aspen American Insurance Company 175 Capital Boulevard,Rocky hill,Cr 06067 POWER OF A TOIRINEY KNOW ALL PERSONS BY THESE PRESENTS,THAT Aspen American Insurance Company,a corporation duly organized under the laws of the State of Texas,and having its principal offices in Rocky Hill,Connecticut,(hereinafter the"Company")does hereby make,constitute and appoint: Stephen A.Vann;Lisa A.Flees;David C.Oliver of Willis Insurance Services of Georgia,Inc its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge on behalf of the Company,at any place within the United States,the following instrument(s)by his/lrer sole signature and act:any and all bonds,recognizances,and other writings obligatory in the nature ofa bond, recognizance,or conditional undertalcing and any and all consents incident thereto,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company.All acts of said Attorney(s)-in-Fact done pursuant to the authority herein given are hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions of the Board of Directors of said Company effective on April 7,2011,which Resolutions are now in full force and effect; VOTED:All Executive Officers of the Company(including the President,any Executive,Senior or Assistant Vice President,any Vice President,any Treasurer,Assistant Treasurer,or Secretary or Assistant Secretary)may appoint Attorneys-in-Fact to act for and on behalf of the Company to sign with the Company's name and seal with the . Company's seal,bonds,recognizances,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said Executive Officers at any time may remove any such appointee and revoke the power given him or her. VOTED:The foregoing authority for certain classes ofofficers of the Company to appoint Attorneys-in-Fact by virtue of a Power of Attorney to sign and seal bonds, recognizances,and other writings obligatory in tine nature of a bond,recognizance,or conditional undertaking,as well as to revoke any such Power of Attorney,is hereby granted specifically to the following individual officers of Aspen Specialty hnsurance Management,Inc.: Michael Toppi,Executive Vice President,Scott Sadowsky,Senior Vice President,James Mercier,Senior Vice President,Mathew Raino,Vice President, Scott Mandeville,Vice President and Ryan Field,Assistant Vice President. This Power of Attorney may be signed and sealed by facsimile(mechanical or printed)under and by authority of the following Resolution voted by the Boards of Directors of Aspen American Insurance Company,which Resolution is now in full force and effect: VOTED:That the signature of any of the Officers identified by title or specifically named above may be affixed by facsimile to any Power of Attorney for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any and all consents incident thereto,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company.Any such power so executed and certified by such facsimile signature and/or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking so executed. IN WITNESS WHEREOF,Aspen American Insurance Company has caused this instrument to be signed and its corporate seal to be hereto affixed this 26th day of March,2013. Aspen American Insurance Company STATE OF CONNECTICUTm W v SS. ROCKY HILL --• .:_`: } Aspen American Insurance Company STATUTORY STATEMENT OF FINANCIAL CONDITION December 31,2013 Assets Cash and short term investments $ 144,208,296 Bonds owned 245,815,629 . Premiums in course of collection 50,153,946 Other assets 3,502,908 Total Assets $ 443,680,779 •Liabilities Reserve for losses and adjustment expenses $ 14,960,631 f Reserve for unearned premiums 21,784,155 Ceded reinsurance premiums payable 57,123,487 I; Amounts withheld or retained by company for account of others 43,682,013 Payable to parent,subsidiaries and affiliates 43,532,947i. Reserve for taxes,expenses and other liabilities 5,073,479 = Total Liabilities 186,156,712 Surplus as regards policyholders 257,524,067 Total Surplus and Liabilites $ 443,680,779 7(k, By: Attest: . Treasurer C ief Fina cial Officer State of Connecticut County of Hartford Peter Clifton Felix,Treasurer and Jonathan Mark Jones,Chief Financial Officer being duly sworn,of ASPEN AMERICAN INSURANCE COMPANY,Texas;and that the foregoing is a true and correct statement of financial condition of said company,as of December 31,2013. Subscribed and sworn to before me,this 14th day of April 2014. • elm Notary Public • O•O . .�i `�;.. . .. KIM D.SLIV .NOTARY P BAl -# OTA/P)' P STATE OF CONNECTI ' O. My Commission Expires 06/30.' :A&8 LI C ACGRO CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 11/`22/2013 , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the • certificate holder in lieu of such endorsement(s). • PRODUCER CONTACT NAME: Willis Insurance Services of Georgia, Inc. PHONE FAX c/o 26 Century Blvd. (A/C,NO,EXT): 877-945-7378 ,(A/C,NO): 888-467-2378 P. O. Box 305191 E-MAIL ADDRESS: certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC ri INSURER A: Liberty Mutual Fire Insurance Company 23035-001 INSURED Waste Pro USA, Inc. INSURER B: Lexington Insurance Company 19437-002 2101 W State Road 434 INSURER C:Liberty Mutual Insurance Company 23043-000 Longwood, FL 32779 INSURER D:North American Specialty Insurance Compan 29874-000 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:20723307 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OFINSURANCE W ADD'L SUBF POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRINSRD VD (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY TB2621093780103 11/22/201311/22/2014 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE SO RENTED PREMISES(Eaoccurence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY PRO JECT LOC $ A AUTOMOBILE LIABILITY AS2621093780093 11 22/201311/22/2014 COMBINED SINGLE LIMIT 1,000,000 / (Eaaccident) $ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ _ $ B UMBRELLA LIAB X OCCUR 018423515 11/22/201311/22/2014 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ C WORKERS COMPENSATION WA562D093780043 11/22/201311/22/2014X WCSTAI AND EMPLOYERS'LIABILITY TORY LIMITS ER C ANY PROPRIETOR/PARTNER/EXECUTIVEI ' I N/A EW562N093780053 11/22/201311/22/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Li E.L.DISEASE-EA EMPLOYEE S 1,000,000 II yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 D Excess Liability EXS200006700 11/22/201311/22/2014$20,000,000 Limit DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additonal Remarks Schedule,if more space is required) See attached for Pollution Liability coverage and additional information: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Ocoee 150 N. Lakeshore Drive • Ocoee, FL 34761-2258 I �,1 Coll:4273080 Tpl:1733065 Cert:20723307 {/^©1988-2010ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 22014190 LOU: ACCOR EP- ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Waste Pro USA, Inc. Willis Insurance Services of Georgia, Inc. 2101 W State Road 434 POLICY NUMBER Longwood, FL 32779 See First Page CARRIER NAIC CODE See First Page EFFECTIVE DATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Pollution Liability Carrier: Chartis Specialty Insurance Company / NAIC 26883-003 Policy Number: PLC1959416 Policy Term: 01/01/2013 - 01/01/2014 $25,000,000 Limit $25,000 Deductible Named Insured includes: Waste Pro of AL Inc., Waste Pro of FL Inc. , Waste Pro of GA Inc. , Waste Pro of LA Inc., Waste Pro of MS Inc., Waste Pro of TN Inc, Waste Pro of NC Inc., Waste Pro of SC Inc., Applecart Holdings LLC, Applecart Land Holdings LLC, Applewhite Recycling Systems LLC, American Recycling of Georgia, American Recycling of Birmingham, Delta Sanitation LLC, Talley Disposal LLC The City of Ocoee is included as an Additional Insured as required by contract under General Liability and Automobile Liability. Coverage is Primary and Non-contributory. Excess policy follows form. Waiver of Subrogation applies in favor of the City of Ocoee for General Liability, Automobile Liability and Workers Compensation as permitted by law. ACORD101 (2008/01) Co11:4273080 Tp1:1733065 Cert:20723307 ©2008ACORDCORPORATION.Allrightsreserved. The ACORD name and logo are registered marks of ACORD Mayor Commissioners S. Scott Vandergrift John Grogan, District 1 Rosemary Wilsen, District 2 City Manager Rusty Johnson, District 3 Robert Frank Joel F. Keller, District 4 owes florida April 24,2014 Steven Lafferty, Division Manager John Jennings, CEO Waste Pro of Florida, Inc, 3705 St. John's Parkway Sanford, FL 32771 NOTICE OF FRANCHISE COMMENCEMENT AND PERFORMANCE BOND AND INSURANCE REQUIREMENT FOR RFQ#1202 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL Notice is hereby given that Waste Pro of Florida Inc.,Progressive Waste Solutions of FL, Inc. f/n/a Waste Services of Florida Inc., Waste Depot LLC d/b/a Waste Works, and Samsula Landfill Inc.were awarded the exclusive franchise for residential construction and demolition debris removal at the August 21, 2012 City Commission meeting. The Franchise Agreement is dated October 3, 2012. The term of the Franchise is scheduled to commence on June 8, 2014,provided the required Performance Bond, on the enclosed City form is returned prior to commencement of the franchise agreement. Return an original Performance Bond to my attention within ten(10)days. The City is already in receipt of your Insurance Certificate. The City's contact for this franchise is Mr. Steve Krug,Public Works Director. Mr.Krug can be reached at (407)905-3170 or skrug@ci.ocoee.fl.us. The City is looking forward to a successful working relationship with your company. Sincerely, oyce Tolbert, CPPB Purchasing Agent Attachment:Performance Bond Form Insurance Information cc: Steve Krug,Public Works Director City of Ocoee• 150 N Lakeshore Drive•Ocoee, Florida 34761 • phone: (407)905-3100•fax: (407)905-3194•www.ocoee.org Progressive Waste Solutions November 1, 2013 RE: r _ _ W S 1 ‘-CHOICE Dear Customer: As a valued customer of either Waste Services of Florida, Inc ("WSI") or the Choice Environmental family of companies ("Choice") this letter is being sent to make you aware of WSI's recent name change to Progressive Waste Solutions of FL, Inc. and the ultimate combination of Choice into Progressive Waste Solutions of FL,Inc. Waste Services of Florida, Inc., the owner of the Choice family of companies, recently changed its name to Progressive Waste Solutions of FL, Inc. This was solely a name change and there is no change to any other information, management or local service operation. Your contact person remains the same as well as all contact information for your local service provider. You will begin to see the Progressive Waste Solutions of FL, Inc.name and logo on our collection vehicles and equipment as well as on your invoices and correspondence. We ask that yen cords-accordingly with-our new name. - —––Please contact your local office should you have any questions. We thank you for the opportunity to service your waste and recycling needs. Sincerely, Progressive Waste Solutions of FL,Inc. Detail by FEI/EIN Number Page 1 of 3 FI ORIDA DIt,PARFMENT OF STATE Detail by FEI/EIN Number Foreign Profit Corporation PROGRESSIVE WASTE SOLUTIONS OF FL, INC. Filing Information Document Number F03000006157 FEI/EIN Number 200435940 Date Filed 12/11/2003 State DE Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 09/09/2013 Event Effective Date NONE Principal Address 2860 WEST STATE ROAD 84 SUITE 103 FORT LAUDERDALE, FL 33312 Changed: 09/05/2013 Mailing Address 2301 EAGLE PARKWAY SUITE 200 FORT WORTH, TX 76177 Changed: 03/26/2012 Registered Agent Name&Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Officer/Director Detail Name&Address Title VP MILLER, THOMAS E 2301 EAGLE PARKWAY SUITE 200 FORT WORTH, TX 76177 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/FeiNumber/fore-fly... 4/24/2014 Detail by FEI/E1N Number Page 2 of 3 Title President, Director WALBRIDGE, KEVIN C. 2301 EAGLE PARKWAY SUITE 200 FORT WORTH,TX 76177 Title VP, Asst. Secretary, Director MOODY, STEPHEN T 2301 EAGLE PARKWAY SUITE 200 FORT WORTH, TX 76177 Title VP, Secretary, Director FOWLER, THOMAS J 2301 EAGLE PARKWAY SUITE 200 FORT WORTH, TX 76177 Title VP, Treasurer Kidson, Ian 400 Applewood Crescent 2nd Floor Vaughan, Ontario L4K 0C3 CA Title VP Chee, Robert A 2301 EAGLE PARKWAY SUITE 200 FORT WORTH, TX 76177 Title Asst. Secretary Hochberger, Amy J 2301 EAGLE PARKWAY SUITE 200 FORT WORTH, TX 76177 Title VP DIVALERIO, DEAN 2860 WEST STATE ROAD 84 SUITE 103 FORT LAUDERDALE, FL 33312 Annual Reports Report Year Filed Date 2013 04/01/2013 2013 09/05/2013 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/FeiNumber/fore-fD... 4/24/2014 Detail by FEI/EIN Number Page 3 of 3 2014 03/18/2014 Document Images 03/18/2014 --ANNUAL REPORT View image in PDF format 09/09/2013--Merger View image in PDF format 09/05/2013--AMENDED ANNUAL REPORT View image in PDF format 06/04/2013 --Name Change View image in PDF format 04/01/2013--ANNUAL REPORT View image in PDF format 03/26/2012--ANNUAL REPORT View image in PDF format 03/24/2011 --ANNUAL REPORT View image in PDF format 03/08/2010—ANNUAL REPORT View image in PDF format 04/06/2009—ANNUAL REPORT View image in PDF format 04/22/2008--ANNUAL REPORT View image in PDF format 12/19/2007--Merger View image in PDF format 12/19/2007--Merger View image in PDF format 11/06/2007--ANNUAL REPORT View image in PDF format 03/05/2007 --ANNUAL REPORT View image in PDF format 04/13/2006--ANNUAL REPORT View image in PDF format 05/03/2005--ANNUAL REPORT View image in PDF format 04/21/2004--ANNUAL REPORT View image in PDF format 12/11/2003---Foreign Profit View image in PDF format Coovrioht�"and Privacy Policies State of Florida.Department of State http://search.sunbiz.org/Inquiry/CorporationS earch/SearchResultDetail/FeiNumber/fore-fO... 4/24/2014 EXCLUSIVE RESIDENTIAL CONSTRUCTION AND DEMOLITION_DEBRIS REMOVAL FRANCHISE AGREEMENT 4,4 HIS AGREEMENT is made and entered into this 7day of co be , 2012, between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City") and WASTE SERVICES OF FLORIDA INC., a Delaware corporation (hereinafter referred to as the "Franchisee") for the purposes of granting a franchise for the collection and removal of residential construction and demolition debris within the corporate limits of the City, all subject to the terms, conditions and limitations set forth herein. Section 1. Definitions. For the purposes of this Agreement, all terms and words shall have the meaning set forth in Chapter 143 of the Ocoee City Code and in the definitions contained in Part IV of Chapter 403, Florida Statutes, and in state administrative rules adopted pursuant to Part IV of Chapter 403, Florida Statutes, as such statutes and rules may be amended from time to time. Section 2. Grant of Franchise. In consideration of the agreement of the Franchisee to (i) perform the services set forth in this Agreement, (ii) pay to the City the Franchise Fee set forth in Section 14 hereof, and (iii) otherwise comply with the terms and conditions of this Agreement, the City hereby grants to the Franchisee a franchise, including every right and privilege pertaining thereto, to operate and maintain residential construction and demolition debris services within the corporate limits of the City; except as provided in Section 12 hereof. Section 3. Limits of the Franchise. Except as set forth herein, the franchise covers the corporate limits of the City of Ocoee. Franchisee agrees that the limits of the franchise are subject to expansion or reduction by annexation,or contraction of municipal boundaries and Franchisee has no vested right in a specific area. Further, Franchisee acknowledges and agrees that its right to serve certain lands hereto or hereafter annexed by the City which were the subject of a residential construction and demolition debris services franchise with Orange County which was in effect at least 6 months prior to the initiation of annexation is limited by the provisions of Section 171.062(4), Florida Statutes, as it may from time to time be amended. The provisions of Florida Statute 403.70605 shall also apply. Section 4. Term. The franchise shall be granted for an initial term of five (5) years commencing on June 8, 2014 and terminating on June 7, 2019, unless sooner terminated by the City due to breach of the terms of this Agreement by the Franchisee ("the Initial Term"). The Initial Term of the franchise may be extended by mutual agreement of the City and the Franchisee for one additional two (2) year term commencing with the expiration of the Initial Term and terminating on June 7, 2021. Should the City or the Franchisee Residential C&D Debris Removal Franchise Page 1 determine not to extend the term of the franchise beyond the Initial Term, they shall provide written notice of such intent to the other party no sooner than twelve (12) months prior to the expiration of the Initial Term and no later than six (6) months prior to the expiration of the Initial Term and in the event of such notice the franchise and this Agreement shall terminate upon expiration of the Initial Term. In the event neither party gives notice as aforesaid that it does not desire to extend the term of the franchise, then the City and the Franchisee shall enter into an amendment extending the term of the franchise and this Agreement for an additional 2-years for a total of 7-years, such agreement to be entered into at least three (3) months prior to expiration of the Initial Term. Section 5. Collection Services and Operations. A. Except as set forth in Section 12 hereof, the Franchisee shall provide residential construction and demolition debris removal services commencing on June 8, 2014. The Franchisee shall transport all residential construction and demolition debris collected to a properly licensed facility. B. The Franchisee shall provide all labor, materials, equipment, supervision and facilities necessary to provide efficient and effective services. The Franchisee shall pay all costs, expenses, and charges required to perform the services and dispose of the collected materials including the disposal charges and "tipping fees" at the facility. The Franchisee shall comply with all applicable local, state and federal statutes, laws, ordinances, rules and regulations. Section 6. Equipment. A. The Franchisee shall have on hand at all times and in good working order such equipment as shall permit the adequate and efficient performance of the required services. Equipment shall be obtained from nationally known and recognized manufacturers of collection and disposal equipment. The Franchisee shall have available reserve equipment which can be put into service in the event of any breakdown. Vehicles used to provide the services shall be marked with the name of the Franchisee, business telephone number and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. B. The Franchisee shall provide all receptacles, containers, or dumpsters necessary for the collection of all residential construction and demolition services. Section 7. Complaints. The Franchisee shall assign a qualified person or persons to be in charge of operations within the service area. The Franchisee shall give the name and qualifications of these persons to the City. The Franchisee shall institute a system for addressing complaints from within the City which shall include informing each customer and the City of the phone number at which complaints will be received. Such phone will be promptly answered at a minimum from 8:00 a.m. to 5:00 p.m., Monday through Friday. In the Residential C&D Debris Removal Franchise Page 2 event that the Franchisee is unable to promptly resolve any such complaints the Franchisee shall promptly notify the City of the nature of the complaint and the attempts made to resolve the complaint. Section 8. Personnel. A. The Franchisee shall require its employees to serve the public in a courteous, helpful and impartial manner. B. Franchisee collection employees shall wear dress uniforms bearing the company name during working hours. C. Each person employed to operate a vehicle shall at all times carry a valid Florida Driver's License for the type of vehicle being operated. D. The Franchisee's collection employees will be required to remain on public right-of-ways and the premises of its customers. No trespassing by employees will be permitted on private property. Care shall be taken to prevent damage to property, including receptacles, trees, shrubs, flowers and other plants. Section 9. Spillage. The Franchisee shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection occurs. During hauling, all residential construction and demolition debris shall be contained, tied or enclosed so that leaking, spilling and blowing is prevented. In the event of any spillage caused by the Franchisee, the Franchisee shall promptly clean up all spillage at its sole cost and expense. In the event that the Franchisee fails to promptly clean up spillage, then the City may do so and the Franchisee shall pay the City all costs and expenses incurred by the City in connection therewith. Section 10. Excluded Debris. Hazardous waste, biological waste, used oil and yard trash are expressly excluded from the franchise granted herein. Section 11. Subcontractors. Subcontractors shall be allowed only with the prior approval of the City Commission which consent may be granted or withheld in the discretion of the City Commission. The consent of the City Commission shall not be construed as making the City a part of such subcontract or subjecting the City to liability of any kind to any subcontractor. Section 12. Rates and Charges. A. Rates to be charged for the residential construction and demolition debris services to be performed under this Agreement are as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. Residential C&D Debris Removal Franchise Page 3 B. The Franchisee, at its sole cost and expense, shall be solely responsible for the billing and collection of all fees and charges payable to the Franchisee by customers for services rendered pursuant to this Agreement. The Franchisee shall use its best efforts to bill and collect all such fees on a monthly basis unless otherwise agreed to in writing by the City. C. In consideration for the grant of this franchise and the execution of this Agreement by the City, the Franchisee agrees to pay to the City a franchise fee equal to TWENTY PERCENT (20%) of the fees and charges actually collected by the Franchisee from customers for services rendered pursuant to the franchise granted by this Agreement (the "Franchise Fee"). The Franchisee shall pay the Franchise Fee to the City on or before the tenth (10th) day of each month with respect to the fees and charges actually collected by the Franchisee during the previous month. Such payment shall be transmitted on .a City approved form and shall include a certification by the Franchisee of the fees and charges actually collected during the prior month and such other information as may be required by the City. Failure of the Franchisee to make timely payment to the City of the Franchise Fee or falsification of the certification regarding fees and charges actually collected shall constitute a default by the Franchisee of this Agreement. Section 13. Books and Records. A. The Franchisee shall keep complete books and records at its place of business in Central Florida, setting forth a true and accurate account of all business transactions arising out of or in connection with this Agreement, including but not limited to a complete customer account listing and a record of all fees and charges billed and collected, all in accordance with good business practices and generally accepted accounting principles. The City shall have the right to have access to and inspect and copy the contents of said books and records during normal business hours. Upon thirty (30) days written request from the City, the Franchisee shall provide the City with a complete customer account listing and a record of all fees and charges billed and collected during the prior twelve (12) months. B. The Franchisee shall annually submit to the City an audited financial statement with respect to all business transactions arising out of or in connection with this Agreement, which shall have been prepared by an independent certified public accountant reasonably acceptable to the City. The financial statement shall include a determination of all fees and charges billed and collected by the Franchisee pursuant to the franchise granted by this Agreement and the Franchise Fees due to the City pursuant to this Agreement. Each such audited financial statement shall be based on the City's fiscal year of October 1 to September 30 and shall be submitted to the City on or before December 31 of each year except that the last such audit shall be submitted within sixty (60) days after the termination of this Agreement. Residential C&D Debris Removal Franchise Page 4 Section 14. Assignment. This Agreement and the rights and privileges hereunder shall not be assigned or otherwise transferred by Franchisee except with the express written approval of the City. The City reserves the right in its sole and absolute discretion to approve or disapprove any such requested assignment or transfer of this Agreement. The City may require that any proposed assignee submit similar documentation to that provided by the franchisee at the time of award of the franchise. No assignment or transfer shall be effective until the assignee or transferee has executed with the City an Agreement of Acceptance, subject to approval by the City, evidencing that the assignee or transferee accepts the assignment or transfer subject to all of the terms, conditions and limitations imposed herein. Any such assignment or transfer shall be in form and content subject to the approval of the City. Section 15. Indemnification. Franchisee shall indemnify, defend and hold completely harmless the City, its elected representatives, officers, employees and agents of each, from and against any and all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including, but not limited to court costs, expert fees and reasonable attorneys fees and paralegal fees and attorneys and paralegal fees on appeal) which may be incurred by, charged to or recovered from any of the foregoing (i) by reason or on account of damage to or destruction of any property of the City, or any property of, injury to or death of any person resulting from or arising out of the performance under this Agreement, or the acts or omissions of Franchisee officers, agents, employees, subcontractors, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, unless such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was proximately caused solely by City's negligence or by the joint negligence of City and any person other than Franchisee or Franchisee's officers, agents, employees, subcontractors, licensees or invitees, or (ii) arising out of the failure of Franchisee to keep, observe or perform any of the covenants or agreements herein to be kept, observed or performed by Franchisee. City agrees to give Franchisee reasonable notice of any suit or claim for which indemnification will be sought hereunder, to allow Franchisee or its insurer to compromise and defend the same to the extent of its interests and to reasonably cooperate with the defense of any such suit or claim. The provisions of this Section shall survive the expiration or earlier termination of the term of this Agreement with respect to any acts or omissions occurring during the term of this Agreement. Nothing set forth is this Agreement shall be deemed or construed as a waiver of sovereign immunity by the City and the City shall have and maintain at all times and for all purposes any and all rights, immunities and protections available under controlling legal precedent and as provided under Section 768.28, Florida Statutes and other applicable law. Section 16. Performance Bond. The Franchisee shall, without expense to the City, furnish a performance bond in a form acceptable to the City as security for the performance of this Agreement. Said Residential C&D Debris Removal Franchise Page 5 performance bond will be in the amount of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00). All premiums for the performance bond shall be paid by the Franchisee. This performance bond shall be written by a surety company licensed to do business in the State of Florida and approved by the City and shall be maintained in full force and effect throughout the term of this Agreement. Section 17. Nondiscrimination. The Franchisee agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis of race, color, religion, sex, age, handicap or national origin. Section 18. Insurance. The Franchisee, at all times during the term of this Agreement, shall meet the following requirements: • Maintain all insurance coverage required by this Agreement and the RFQ to which this Agreement and the award of the franchise was based on (the "RFQ"). • Maintain any additional coverage required by the City. • Name the City as an additional insured on all liability policies required by this Agreement. When naming the City as an additional insured, the insurance companies shall agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. • Make no change or cancellation in insurance without thirty (30) days prior written notice to the City. • File original signed Certificates of Insurance, evidencing such coverage and endorsements as required herein with the City for approval before work is started. The certificate must state the Proposal Number and Title. Upon expiration of the required insurance, the Franchisee must submit updated certificates of insurance during the term of this Agreement. It is understood and agreed that all policies of insurance provided by the Franchisee are primary coverage to any insurance or self-insurance the City possesses that may apply to a loss resulting from the work performed under this Agreement. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure and shall be made available to the City upon request to the Franchisee. No deductibles will be allowed in any policies issued on this Agreement unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City. Compliance by the Franchisee with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Franchisee of its liabilities and obligations under any section or provision of this Agreement or under applicable law. Residential C&D Debris Removal Franchise Page 6 Insurance coverage required shall be in force throughout the term of this Agreement. Should the Franchisee fail to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the term, the City shall have the right to consider this Agreement breached and declare a default by the Franchisee. If the Franchisee does not meet the insurance requirements of this Agreement, alternate insurance coverage, satisfactory to the City, may be considered. Section 19. Default and Termination. A. In the event that: (1) the Franchisee shall fail to keep, perform and observe each and every promise, covenant and agreement set forth in this Agreement applicable to the Franchisee, and such failure shall continue for a period of more than five (5) days after delivery to the Franchisee of a written notice of such breach or default; (2) the Franchisee's occupational or business licenses shall terminate for any reason; (3) the Franchisee shall become insolvent, or shall take the benefit of any present or future insolvency statutes, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy laws, or under any other law or statute of the United States or any State thereof, or shall consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or (4) the Franchisee shall have a petition under any part of the Federal Bankruptcy laws, or an action under any present or future insolvency laws or statute, filed against it, which petition is not dismissed within thirty (30) days after the filing thereof; then in any of such events, the City, in its discretion, shall have the right to: (i) seek specific performance of this Agreement, (ii) terminate this Agreement for Default, which termination shall be effective twenty-four (24) hours after written notice of such termination is given to the Franchisee, or (iii) pursue such other actions and remedies as may be permitted by law, including an action for actual damages incurred or suffered by the City. In the event the City elects to terminate this Agreement, then the City may, Residential C&D Debris Removal Franchise Page 7 at its option, delay the effective date of termination for default until the first day of the month following the date on which written notice of such termination is given to the Franchisee. The City shall specify the termination date on its written notice of termination. B. In the event that the City shall fail to keep, perform, and observe each and every promise, covenant and agreement set forth in this Agreement applicable to the City, and such failure shall continue for a period of more than thirty (30) days after delivery to the City of a written notice of such breach, then the Franchisee may, as its sole and exclusive remedy, seek specific performance of this Agreement. It is expressly agreed that the Franchisee shall not be entitled to terminate this Agreement or seek damages against the City in the event of a default by the City. C. In the event that a dispute arises between the City and the Franchisee, or any interested party, in any way relating to this Agreement, the Franchisee shall continue to render service in full compliance with all terms and conditions of this Agreement regardless of the nature of the dispute. The Franchisee shall be liable to the City for all costs reasonably incurred in providing collection and disposal service should the Franchisee fail to provide such services. D. Upon termination of this Agreement the Franchisee shall cooperate with the City in order to ensure an orderly transition of all commercial and multi-family solid waste accounts to such new franchisee(s) as may be designated by the City. Section 20. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provisions of this Agreement or because of a breach by the other party of any of the terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings and the right to such reasonable attorneys' fees, paralegal fees and costs shall be deemed to have accrued from the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. Section 21. Notices. All notices and approvals which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shall be made or given (i) by certified mail, postage prepaid, return receipt required, (ii) by hand delivery to named individuals representing the party to be notified, or (iii) by private parcel (next day) delivery service. Notices, including notice of a change of address or phone number, shall be addressed or transmitted to the addressees set forth below, or that a party may otherwise designate in the manner prescribed herein: As to the City: City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Residential C&D Debris Removal Franchise Page 8 Attention: Public Works Director Phone: (407) 905-3170 As to Franchisee: Waste Services of Florida Inc. 1099 Miller Drive Altamonte Springs, FL 32701 Attention: William Hulligan, President (407)261-5000 Notices and approvals given or made as aforesaid shall be deemed to have been given and received on the date of actual receipt. Section 22. Combination of Solid Waste. The City shall not be responsible for any contamination of loads which are collected by the Franchisee (i.e., mixing of recyclable materials, yard trash, construction and demolition debris or other materials which are required to be separated prior to disposal under applicable federal, state and local statutes, laws, ordinances, rules and regulations). Section 23. Miscellaneous. A. Time is of the essence with respect to all matters set forth in this Agreement. B. The Franchisee is not, and shall not for any purpose be, the agent of the City and shall have no power or authority to bind the City in any manner whatsoever. C. This Agreement embodies and constitutes the entire understandings of the parties with respect to the matters contemplated herein, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provisions hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge, or termination is sought except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in such instrument. D. it is stipulated and agreed between the parties that this Agreement shall be interpreted and construed in accordance with the laws of the State of Florida and any trial or other proceeding with respect to this Agreement shall take place in the State of Florida with venue in Orange County, Florida. E. Captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be Residential C&D Debris Removal Franchise Page 9 held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. F. The City shall not be responsible for any contamination of solid waste pick-ups with recyclable materials. G. The City has been induced by Franchisee to enter into this Agreement by submittal of that certain response to request for proposals dated June 26, 2012, said response being incorporated herein by reference and made a part of this Agreement. The Franchisee warrants and represents that the information submitted in said response to request for proposals remains true and correct as of the date hereof. H. In the event of a conflict between the provisions of this Agreement and the terms of the RFQ, the provisions of this Agreement shall apply. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. J. This Agreement is considered a non-exclusive Agreement between the parties. Section 24. Waiver of Jury Trial. Franchisee hereby voluntarily and intentionally waives the right to a trial by jury in respect to any litigation arising out of, under, or in connection with this Agreement or in connection with any course of conduct, course of dealing, statements (whether verbal or written) or action of either party, whether in connection with this Agreement or otherwise unrelated thereto. This Waiver of Jury Trial shall be binding upon all successors and assigns of the parties hereto. Section 25. Severability. If any part, section, subsection, or other portion of this Agreement except for the provisions of Section 12 hereof is declared void, unconstitutional, or invalid for any reason, such part, section, subsection or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Agreement, and all applications thereof not having been declared void, unconstitutional or invalid shall remain in full force and effect. The City and Franchisee declare that no invalid or prescribed provision or application was an inducement at the execution of this Agreement, and that they would have executed this Agreement, regardless of the invalid or prescribed provision or application. In the event any part, subsection or other portion of Section 12 hereof is declared void, unconstitutional, or invalid for any reason, then either party may terminate this Agreement upon at least ninety (90) days notice to the other party. Residential C&D Debris Removal Franchise Page 10 Section 26. Charter Compliance. The franchise granted pursuant to this Agreement has been awarded following a public hearing on the proposed franchise preceded by at least thirty (30) days' notice of the hearing and the proposed action by publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City of Ocoee. [Signature page to follow] Residential C&D Debris Removal Franchise Page 11 IN WITNESS WHEREOF, the CITY OF OCOEE has caused this Agreement to be executed by its Mayor and attested by its City Clerk, and has caused its seal to be hereto affixed; and the said Franchisee has caused this Agreement to be executed in its name by W i M I'a-w. 4 u ,1 l 0*-N , its President, attested by 1.04- 6 , its (,,3v-vi4ev- SeecetaF; and has caused the seal of said corporation to be hereunto affixed, all as of the day and year first above written. Signed, sealed and delivered CITY OF OCOEE in the presence of: • ♦� }nXICl-, , I 1 _ By: - s )JeLJ 1116 , '. - S. Scott t nder rift, , or Attest: A A , , 9 -Be=�i ,(e�#City Clerk I, i�ar►r� (SEAL) Signed, sealed and delivered FRANCHISEE: in the presence of: By: �.i% � �✓l�-� , President -4,,A7:),r /f 1 �� Attest: 03)1 _ _ l}�NV► rr`y mol `n. e For use and reliance only ; (�'�K 1; �'= '1Itf, ' by the City of Ocoee, Florida. " .1($ Approved as to form and legality APPROVED '.!*4`1'. CITY This 2-1 day of 4u - • , 2012. COMMISSIO '4' ..;,a''` LD ON August 21, 2012 DA ITEM Shuffield, Lowman & Wilson, P.A. NO. 1.15 C_Th City A ttorney ' Residential C&D Debris Removal Franchise Page 12 City of Ocoee Request for Qualifications #1202 Exclusive Franchise For Residential Construction and Demolition Removal 150 N Lakeshore Dr Ocoee, FL 34761 (407) 905-3100 Submitted by: Waste Services of Florida, Inc. Sponsors: Dennis Pantsno—Sr Area Manager Damian Ribar— District Manager Randy Waterlander— Division Manager 1 A Progressive Waste Solutions Company 'UV S 1 1099 Miller Drive �... Altamonte Springs,Florida 32701 T;407 2615000 F_407 8313226 www.wasteservicesinc.com June 26th,2011 City of Ocoee 150 N Lakeshore Dr Ocoee, FL 34761 RE: RFO 1202 Residential Construction and Demolition Debris Removal Waste Services of Florida, Inc ("WSI") is pleased to have the opportunity to submit to City of Ocoee ("City") the enclosed proposal for residential construction an demolition debris removal services. As you evaluate our proposal, you should note that WSI is A Progressive Waste Solutions Company and is one of North America's largest full-service,vertically integrated waste management companies, providing non- hazardous solid waste collection and landfill disposal services to commercial, industrial, municipal and residential customers in twelve states and the District of the Columbia in the U.S., and six Canadian provinces. The WSI management team has the operational and technical experience in all aspects of the of solid waste collection industry, Locally, WSI operates collection companies, transfer stations, recycling facilities and landfills. All disposal and recycling facilities are FDEP approved. WSI will be providing service to the City from our Orlando's collection facility in Altamonte Springs. Our Orlando collection facility is currently servicing Volusia, Seminole, Orange, Osceola and Polk Counties. WSI is proud of our quality service we provide to our municipalities of Osceola County, Maitland, Lake County and the City of Eatonville. In the just the Orlando area we have over 20 industrial vehicles and 1,000 open top containers available to exceed the services requested. Our drivers and staff are experienced and courteous while our management team continues to invest and promote a culture where safety and customer service are core traits in our employees'actions. WSI has read and fully understands the City's Request for Qualifications and the terms and conditions as outlined. The key personnel presenting this are listed on the following pages. We look forward to partnering with City of Ocoee. Thank you for taking the time to evaluate our proposal. Sincerely, Joalkt 4, "andel]J.VVIerlander Division Manager City of Ocoee RFQ 1202 Residential Construction and Demolition Removal Submitted by: Waste Services of Florida,Inc Bid Submission: June 26th,2012—2:00 PM ORGANIZATIONAL INFORMATION TYPE OF FIRM IX) Corporation ()Partnership () Individual () Other- Describe _ If a corporation, answer: Date incorporated December 11th, 2003 In what state? Delaware Please list parent organizations and their address and ownership Waste Services, Inc is the parent and a Company of Progressive Waste Solutions How many years has your firm used its present name? Eight(8) List firm's previous names: Florida Recycling Services, Inc. Attach printout from corporate information of the Florida Department of State. See Attached 2 City of Ocoee RFQ 1202 Residential Construction and Demolition Removal Submitted by; Waste Services of Florida,Inc Bid Submission: June 26th,2012—2:00 PM Waste Services of Florida, Inc. ("WSl") is a wholly owned subsidiary of Progressive Waste Solutions, LTD. Progressive Waste Solutions is the third largest non-hazardous solid waste management company in North America. We serve the needs of commercial, industrialand residential customers in 12 states and six provinces of Canada through our network of collection companies, landfills, recycling centers and transfer stations. The Company has operated under three brands in the U.S. and Canadian Canada, we established our current assets in 2000 and today, BFI Canada serves the needs of the country's most populous regions across six provinces. In the U.S., we merged with IESI Corp. in 2005, adding operations in the southern and northeast regions of the country comprising of 10 states to form IESI-BFC LTD. In 2010, IESI-BFC, Ltd, acquired Waste Services, Inc. and added operations in Florida and throughout Canada. On May 2, 2011, the company announced that it had changed its name to Progressive Waste Solutions in order to operate as one brand with one goal; to offer our customers progressive solutions for their solid waste and recycling needs. We are a publicly traded company and listed on the New York and Toronto Stock Exchange under the ticker symbol"BIN." 3 www.sunbiz.org-Department of State Page 1 of 2 • y FLORIDA DEPARTMENT OF STATE ar' DIVISION OF COR40RAIIONs S41. Home Contact Da 6-Filing Services Document Searches Forms Help rrevictuSiViLL5.1 NF911 on 1 ist 11410/0 TO Lift lEnUly Name Search Evonly No Name History Submit I • Iii ;)l/ 1,11111 j i`�rilii4:. Foreign Profit Corporation WASTE SERVICES OF FLORIDA,INC. Filing Information Document Number F03000006157 FEI/E1N Number 200435940 Date Flied 12/1112003 Stale DE Status ACTIVE Last Event MERGER Event Dale Filed 12/19/2007 Event Effective Date 01/012008 Principal Address 2693 EXECUTIVE PARK DRIVE SUITE 305 WESTON FL 33331 Changed 04/0612009 Mailing Address 2301 EAGLE PARKWAY SUITE 200 FORT WORTH TX 76177 Changed 0326/2012 Registered Agent Name&Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Officer/Director Detail Name&Address Tille P HULLIGAN,WILLIAM P 2693 EXECUTIVE PARK DRIVE,SUITE 305 WESTON FL 33331 US Tile VP MILLER,THOMAS E 2301 EAGLE PARKWAY,SUITE 200 FORT WORTH TX 76177 US Tile DVPT COVJEE,THOMAS J 2301 EAGLE PARKWAY,SUITE 200 FORT WORTH TX 76177 US Tille DVP BROWN,THOMAS 4 2301 EAGLE PARKWAY,SUITE 200 FORT WORTH TX 76177 US Tills VP MOODY,STEPHEN T 2301 EAGLE PARKWAY,SUITE 200 FORT WORTH TX 76177 US Title DVPS FOWLER.THOMAS J 2301 EAGLE PARKWAY,SUITE 200 FORT WORTH TX 76177 US Annual Reports Report Year Filed Dela 2010 03/06/2010 2011 032412011 2012 0326/2012 Document Images 17 I'IZo l2 ANNUAL RP= Vlew 4ne9e in PDF fennel http://www.sunbiz.org/scripts/cordet.exe?action=DE117TL&inq_doc_number=F03 0000061... 6/26/2012 City of Ocoee RFQ 1202 Residential Construction and Debris Removal Submitted by: Waste Services of Florida,Inc Bid Submission: June 26th,—2.00 PM Organizational structure of the business: Waste Services of Florida, Inc. will be the service provider for City of Ocoee's needs as they pertain to the RFQ for residential construction and demolition debris removal (C & ID") services.. Waste Services of Florida, Inc. is a subsidiary of Waste Services, Inc. Waste Services Inc. is a subsidiary of our parent company, Progressive Waste Solutions. Our local WSI collection operations is a state of the art hauling facility servicing residential, commercial and industrial solid waste and recycling needs in the Central Florida marketplace. 1?er.n s G Panlano FL Are,Manager 8 VP I Damian Ribar District Manager 1 1 r 1 I I I C Operation olle tion Tri;-er j rirrv,I,^.g Landfill Finaraal Sates r Marketing! Operations_ Operarror.; Operations i3u5iress Deb `a° "r: k Maintenance % — Crr„nao Haulng _cy,:,,{. "Engrneenng! Ser+ord transice; CpIrereriaNehulin91..." ,iegrhrb IMII Grovela-d 7ransrir 5. Recycling La^dfr0 — RIP Lantl {i City of Ocoee RFQ 1202 Residential Construction and Debris Removal Submitted by: Waste Services of Florida,Inc Bid Submission; June 26th,2012—2:00 PM Local Operating Offices 1099 Miler Dr Altamonte Springs, FL 32701 T: 407.261.5000 F: 407.834.8669 Office hours 8:00 AM to 5:00 PM Next closest Operating Collection Office Okahumpka , Fl 34762 3935 Rogers Industrial Park Office hours 8:00 AM to 5:00 PM T: 352-323-0824 F: 352-728-6574 The principals presenting the proposal to the County are as follows: Dennis Pantano Senior Area Manager VP 407.261.5032 DPantano@WSII.US Damian Ribar District Manager 407.261.5030 DRlbar@WSII.US Randy Wateriander Division Manager 407.261.5022 RWaterlander@WSII.US Fred Hawkins Jr Government Affairs I Mkting 407.891.3720 FHawkins@WSII.US Audrey Houck District Controller 407.261.5012 AHouck@WSII.US 6 City of Ocoee RFQ 1202 Residential Construction and Debris Removal Submitted by: Waste Services of Florida,Inc Bid Submission: June 26th,2012--2:00 PM Qualifications of the employees who will work on the contract: William Hulligan -Executive Vice President, U.S. Operations William P. ("Bill") Hulligan joined the company following Progressive Waste Solutions' acquisition of Waste Services, Inc. (WSI) in July 2010. He was formerly the Executive Vice President, U.S. Operations with WSI, having held various executive positions with WSI since joining in June 2003. From 1997 to 2003, Mr. Hulligan was.a consultant for Waste Management, Inc, Mr. Hulligan has more than 40 years' experience in the waste industry and is the former President of Waste Management of North America, Inc. Dennis G. Pantano—Senior Area Manager of Central& Gulf Florida Dennis Pantano has over 30 years experience in all phases in the environmental service industry. Mr. Pantano has held several senior management positions with both private and public companies such as Browning Ferris Industries and Waste Management. Mr. Pantano currently serves as our Senior Area Manager in charge of our Gulf and Central FL operations. He is currently responsible for 7 collection operations, 9 transfer stations, 3 landfills and three recycling facilities. Damian A. Ribar -District Manager, Central FL Damian Ribar has over 17 years experience in the waste industry in the fields of operations accounting, finance and information technology. In his current position as District Manager, Mr. Ribar oversees all aspects of the operations for 2 collection operations, 3 transfer stations, 2 landfills and 2 recycling facilities. Prior to re-joining Waste Services of Florida In February 2007, Mr. Ribar was the Chief Accounting Officer for Regus Industries, LLC where he oversaw all aspect of accounting, information technology, acquisition integration and internal and external reporting. Prior to Regus Industries, LLC, Mr. Ribar was the Vice-President, Operations Controller for Waste Services, Inc, from 2002 through 2004 where he oversaw information technology as well as all field accounting processes Randy Waterlander—Division Manager Randy Waterlander has over thirty five (35) years experience in the solid waste and recycling industry. He has worked in all phases within solid waste industry from driver/collector, sales, auditor, safety, IT, and marketing to managing large multiple operations which consisted of over 100 municipal contracts servicing 67 counties through a network of collections companies, landfills, recycling/transfer stations. Currently, he has responsibly for six counties and Mr. Waterlander has Business of Science from Lynn University. 7 City of Ocoee RFQ 1202 Residential Construction and Dobris Removal Submitted by: Waste Services of Florida,Inc Bld Submission: June 26th,2012—2:00 PM Service and Equipment WSI has over twenty four industrial vehicles in just the Orlando service area with an average age of six years or less. All vehicles and equipment is owned and operated by Waste Services of Florida, Inc. Listed below are the vehicles that will be available to service the City. Unit Number Year License Make Model 2013 MACK GU712 2013 MACK GU713 2013 MACK GU713 400678 2011 N0447T MACK GU713 400679 2011 N0434T MACK GU713 400680 2011 N0435T MACK GU713 400500 2007 N7044K MACK CV713 400501 2007 N1052M MACK CV713 400496 2006 N3555K MACK GRANET 400497 2006 N3556K MACK GRANET 400498 2006 N7170R FREIGHTLINER MM112064S 400499 2006 N7171R FREIGHTLINER MM112064S 400490 2005 N4952R MACK CX613 400492 2005 N8485P MACK CV713 400493 2005 N6713H MACK CV713 400494 2005 N7179R FREIGHTLINER MM112064S 400495 2005 N7172R FREIGHTLINER MMI12Q64S 400491 2004 N3172H MACK CV713 400546 2003 N2967R INTERNATIONAL 7400 400486 2001 N9065P MACK DM688S 400488 2001 N7281H MACK DM6888 400489 2001 N2594M MACK DM688S 400482 2000 N2762N MACK DM688S 400483 2000 N7275H MACK DM688S 24 8 City of Ocoee RFQ 1202 Residential Construction and Debris Removal Submitted by: Waste Services of Florida,Inc Bid Submission: June 26th,2012—2:00 PM Maintenance of Vehicles In order to provide excellent service to the City, maintenance of vehicles is critical. WSI maintenance technicians are ASE certified or equivalent in experience and training. Continual training is provided by third parties and internally which includes computer diagnostic of major components. WSI believes in strict adherence to preventive maintenance schedules in accordance with the manufacturers guidelines. Preventive maintenance has limited number of mechanical failures, which ultimately may result in service disruptions. These inspections include changing fluids, filters (air and oils), engine computer diagnostics which indicate how efficient engines are operating to make necessary adjustment, checking hydraulic hoses to eliminate downtime or breakdown on the street. WSI maintains a bi-weekly and weekly truck wash schedule. All residential and industrial vehicles are washed and inspected at least once a week. Commercial vehicles are washed twice per week. In addition, the body seal are inspected after each load by the driver, weekly vehicle conducted by the supervisors and periodically based on engine hours by a certified maintenance technician. 9 City of Ocoee RFQ 1202 Residential Construction and Debris Removal Submitted by: Waste Services of Florida,Inc Bld Submission: June 26th,2012-2:00 PM Containers WSJ has over 1,000 industrial containers of various types and sizes within the Orlando service area. Descriptions of each type and sizes available are listed below Construction and Demolition Debris Removal Open Top Containers 10 cubic yard containers 20 cubic yard containers 30 cubic yard containers Recycle—compartmentalize and covered Contained non compacted 10 cubic yard containers 20 cubic yard containers 25 cubic yard containers Self contained compactors 30 cubic yard 36 cubic yard self 40 cubic yard receiver containers Solid waste Open Top Containers 10 cubic yard containers 20 cubic yard containers 30 cubic yard containers Self contained compactors 30 cubic yard 36 cubic yard self 40 cubic yard receiver containers 10 City of Ocoee RFQ 1202 Residential Construction and Debris Removal Submitted by: Waste Services of Florida,Inc Bid Submission: June 26th,2012-2:00 PM Local References with similar services industrial services. Lake County Exclusive franchise collection service contract which includes residential, commercial and industrial services for five years with five year option. • Solid waste and yard waste are collected together predominately 2 x week • unlimited service with homeowner providing approved containers and/or bags. • Recycling is non-mandatory collected lx with homeowner providing approved bin(s) • Commercial and Industrial are mechanical containerized services with service levels negotiated between business and WSI. Rates are for various service level are pre-determined. City of Maitland Exclusive franchise collection service contract which includes residential, commercial and industrial services for seven years with three year option. • Solid waste is collected 2 x week with contractor provided 95 gallon cart. • Yard Waste is collected 1 x week in approved containers and/or bags. • Recycling is collected lx with contractor two bin(s). • Commercial and Industrial are mechanical containerized services with service levels negotiated between business and WSI. Rates are for various service level are pre-determined, Town of Eatonville Exclusive franchise collection service contract which includes residential, commercial and industrial services for seven years with an renewal option. • Solid waste is collected 1 x week with contractor provided 95 gallon cart. • Yard Waste is collected 1 x week in approved containers and/or bags. • Recycling is collected lx with contractor two bin(s). • Commercial and Industrial are mechanical containerized services with service levels negotiated between business and WSI. Rates are for various service level are pre-determined. No franchise or other agreements terminated by a governmental entity due to a default or alleged default. 11 City of Ocoee RFq 1202 Residential Construction and Debris Removal Submitted by: Waste Services of Florida,Inc Bid Submission: June 26th,2012—2:00 PM References City of Maitland Dean Sprague—Solid Waste Manager 1776 Independence Lane Maitland,FL 32751 407.539.6200 Lake County Jeff Cooper 13130 County Landfill Rd Tavares, FL 32778 352.343.3776 Pinellas County Bob Hauser—Solid Waste Director 3095 N 1141h Ave St Petersburg, FL 33716 727.464.7500 Town of Umatilla Kenneth White—Solid Waste Director PO Box 2286 Umatilla, FL 32784 352.669.3125 Pasco County Ron Walker—Solid Waste Superintendent 14230 Hays Rd Spring Hills, FL 34610 727.861.3004 City of Sarasota William Hallisey—Director 1565 first St Sarasota, FL 34236 941.365.7651 St Pete Beach Steven Hallock—Director 7581 Boca Ciega Dr St Pete Beach,FL 33706 12 City of Ocoee RFD 1202 Residential Construction and Dobris Removal Submitted by: Waste Services of Florida,Inc Bid Submission: June 26th,2012—2:00 PM Personnel—Training /Safety WSI employs two (2) person crews for solid waste and yard waste routes. Recycling routes only require one (1) person. A route supervisor will support the operations manager to provide quality customer service. During the first weeks of transition,WSI will have additional support to ensure routes are being collected in proper sequence and container placement is correct, as well as removal of existing 95 containers. The majority of 95 gallon container removals should take place within the first two (2)weeks. Any items that are identified as"out of compliance"will be properly tagged and the WSI customer service department will be notified, Consequently, a communication will be transmitted to the City of Ocoee as was previously outlined in our Customer Service program. Additional customer service representatives will be assigned to the project during this transition. Part of WSI's policies and procedures, is our continued training of existing drivers and maintenance technicians. This regular training provides core principles and policies regarding safety, customer service and environmental compliance. Please see the attached summary of annual training. Each potential new hire is subject to a pre-employment process, which includes comprehensive background checks. The background check, includes, but is not limited to, a criminal history report, a State of Florida FLDE special sexual offender list and a complete medical physical. In addition, work history is validated and the passing of a pre-employment drug screen is required before employment is offered to an individual. The WSI Region Safety Director conducts the safety training for ail new hires. Route supervisors will then perform four(4) Observed Behavior Assessments ("OBA") during the employee's first month of work, validating work performance. Attached is a summary of Safety Training provided at WSI. WSI is a drug free workplace and everyone including administrative and management personnel are placed in a random pool for quarterly selection and testing for drugs and alcohol. Random tests are performed by Concorde (a third party company hired to administer the program). 13 City of Ocoee RFQ 1202 Residential Construction and Debris Removal Submitted by: Waste Services of Florida,Inc Bid Submission: June 26th,2012-2:00 PM Ali New Hires Safety Training 14. Confined space 15. Hazard Recognition 1. Life Saver policy 16. Electrical safety 2. Uniforms and dress code 17. Heat/Cold stress 3. Employee Assistance Program, 18. Blood Borne Pathogens (EAP) 19. Flammable and combustible liquids 4. EEO/AAP Employer& Employment 20. Personal protective equipment at Will 21. Hearing conservation 5. Code of Conduct 22, Life Saver Guidelines 6. WS' handbook 23. Tipping area safety 7. Harassment and Anti-Discrimination 24. Drug and Alcohol Guidelines Video 25. Professional Safe Driver course six 8. Drivers Qualification File-DOT (6) hours paperwork filled out and witnessed 26. Riding on rear steps safety 9. OSHA-Duties of workers 27.Vehicle characteristics 10. Emergency Preparedness and 28. National Safety Council-Defensive response Driving Course Modules 1-5 11. Spill cleanup and control 12. Lock Out Tag Out Procedures 13. Seat belts Yearly Safety Training Recurrence 1. Drug and Alcohol 26. Fatigue 2. Lifesaver Guidelines 27. Overhead protection 3. National Safety Councils Pro Safe 28. Rear steps Truck Driver module#1 -5 29. Proper backing 4. Basic Safe Work Rules 30. Lightening 5. Heat Stress Guidelines 31. Driver distractions, cell phones 6. Personal Protective Equipment 32. Fire Extinguishers 7. Safe Backing Guidelines 33. Maintaining Driving Space Cushions 8. Confined Space 34. Fueling 9. Blood Borne Pathogens 35. Brake Inspections 10. Commercial Motor Vehicle 36, Hygiene 11.MVI Guidelines 37.Avoiding roll-overs 12. Lock Out Tag Out Procedures 38. Safe lifting 13.Tipping Area Guidelines 39. Load security 14. Hazardous Communication-Right to Know 15. Emergency Plan Response 16. Safe Lifting Guidelines 17. Flammabies and Fire Extinguishers 18. Insect bites 19. Proper backing 20. 3-point contact 21. Safe Lifting 22. Seatbelts • 23. Reporting Incidents 24. Hot Loads 25. Vehicle Out of Service/Fines 14 City of Ocoee RFQ 1202 Residential Construction and Debris Removal Submitted by: Waste Services of Florida,Inc Bld Submission: June 26th,2072—2:09 PM Financial Reports In connection with Its listing on the New York Stock Exchange and U.S. public offering In June 2009, Progressive Waste Solutions elected to report its financial results In U.S. dollars and in accordance with accounting principles generally accepted In the U.S. Our reports are available in Adobe Acrobat PDF Format, Listed below is the link that will provide Quarterly and Annual Reports. http://www.bficanada.com/English/InvestorslFinancial'Reportsldefault.aspx#quarterlyrepo its 15 RESPONDENT: g6/,P. Servic..cS O� Floc:01;4. Lac. 19. CLARIFICATIONS AND EXCEPTIONS TO FRANCHISE AGREEMENT 1. Do you have any clarifications and exceptions to the proposed Franchise Agreement? Yes tf No If yes, will you enter in the Franchise Agreement if the City does not accept any of the exceptions/changes requested? tsi Yes No if yes,state below all clarifications and exceptions. RFQ#1202 Residential C&D Franchise —17 - "''4 ORANGE Couim GOVERNMENT • (j,_ FLORIDA Orange County Solid Waste Department Commercial Collection License Having successfully met the requirements pursuant to Chapter 32, Section 178, of the Orange County Code, a COMMERCIAL COLLECTION LICENSE is hereby granted to: WASTE SERVICES OF FLORIDA, INC. This license is in addition to and not in lieu of any other license required by law or municipal Ordinance and is subject to regulations of zoning, health and any other lawful authority. Renewal Expires December 31, 2012 • • • Earl K. Wood,Tax Collector Local Business Tax Receipt Orange County, Florida Thiskicalbusinesstaxreceiptis.n addition to and not in lieu of any other tax requited by law or municipal ordinance.Businesses are subject to regulation of zoning,health and other lawful authorities.This receipt is valid from October 1 through September 30 of receipt year.Delinquent penalty is added October 1. ""ORIGINAL"' 2011 EXPIRES 9130/2012 3100-0014421 3100 HAUL-CONST/DEMO/REFUSE DE $40.00 20EMPL• • OAIRNS IVAN R VSD TOTAL TAX $40.00 HAZARDOUS WASTE $50.00 • ( J • WASTE SERVICES OF FLORIDA INC _ PREVIOUSLY PAID' $90.00 TOTAL DUE $0 00 CAIRNS R VSD • 1099 MILLER DR ALTAMONTE SPRINGS FL 32701 375 W 71H ST U-ORLANDO,32824 PAID: $90.00 23-027341 8/2/2011 This receipt is official when validated by the Tax Collector. RESPONDENT: u', 5 {r. Ser'ic:e-S d F/or:,5rat�, Ii c . 18. CONTRACT REFERENCES CONTACT INFORMATION List below firms with whom you have contracted for solid waste collection services within the past or with whom you are presently contracting. 1. COMPANY NAME: C irl o F 141 4 rrL ,-)D ADDRESS: /776 -4 d e p er,d r o Ll n r 011. 1/,..40 I- 1 a dc, 7s / CONTACT PERSON: SG,µro n 44 se PHONE NO.: L107- 53 g- Cz a ( 2. COMPANY NAME: C F r'arNJrLt C ADDRESS: 367 E . Ktyln-Lely 51-v_A C G-k., it pp 3. 731 CONTACT PERSON: 3u s PHONE NO.: 1407- (;a3- 13 13 3. COMPANY NAME: 1-A ADDRESS: I3 f 30 r, „ n Pt Lin/�. I( l2--).1v inc$0e„-o5 t �&Lc z.778 CONTACT PERSON: �.1- Icy ��, cr PHONENO.: 35471- 343- 3774. RFQ#9202 Residential CBD Franchise 16 14. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid disputes, or contract dispute(s)filed by or against the Respondent in the past three (3) 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) if-1- '15, ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. d&;t (I) Dated Juni. !31 zurz No. Dated No. Dated 16. 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. SEE A T!F Hi;i] RFQ#1202 Residential C&D Franchise 14 17. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: 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/ TELEPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT S6-t— P '-8- Have you any similar work in progress at this time? Yes /No_ Length of time in business /O + years months. Bank or other financial references: ')E T P E 'o tc-T TA nniti N (1-rerN cifr wrm S ipr R DDitrr`35. (Attach additional sheets if necessary) RFQ#1202 Residential C&D Franchise 15 City of Ocoee RFQ 1202 Residential Construction and Debris Removal Submitted by: Waste Services of Florida,Inc Bld Submission; June 26th,2012-2:00 PM Financial Reports In connection with Its listing on the New York Stock Exchange and U.S. public offering In June 2009, Progressive Waste Solutions elected to report its financial results in U.S. dollars and in accordance with accounting principles generally accepted In the U.S. Our reports are available In Adobe Acrobat PDF Format. Listed below Is the link that will provide Quarterly and Annual Reports. http:/Iwww.bficanada.com/English/InvestorslFinancialReports/default.aspx#quarterlyrepo its 15 Center of Good Mayor ire T. '4vyhg Commissioners S.Scott Vandergrift • L "I. 1 ... , Gary Hood,District I Rosemary Wilsen,District2 City Manager _( ' • ': .�;J''• �447f' Rusty Johnson,District 3 Robert FranIr """ j Joel Koller,District 4 June 13,2012 ADDENDUM NO: ONE(1) CITY OF OCOEE RFQ#1202 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION& DEMOLITION DEBRIS REMOVAL This addendum consists of one(1)page,and shall modify and become a part of the original RFQ documents for the exclusive franchise for residential construction and demolition debris removal. Respondents shall acknowledge receipt of this Addendum in the space provided onage 14 of the RFQ, Failure to do so may subject the Respondent to disqualification. The RFQ due date remains the same. Answers to Questions Received and Revisions and/or Clarifications to the RFQ document are as follows: Ql. Does this RFQ include commercial construction and demolition debris? Al, No,see definition clarification below: Please add the following to the Scope of Work Section,page 20 of the RFO: Residential Premises: 1.New or existing single-family residential units. 2.New or existing multiple-family residential units containing fewer than four single-family residential units. Residential Construction and Demolition Debris: Construction and demolition debris,as defined in chapter 403.703 Florida Statutes as amended from time to time,from residential locations where the volume of debris is sufficient to require the use of a roIl-off or other similar on-site storage container, as determined by the City. .•ceTobert,CPPB Purchasing Agent Cc:Evaluation Committee City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone:(407)905.3100• fax:(407)905-3194•www.ocoee.org Mayor center of Good tdw} Commissioners S. Scott Vandergrift Gary Hood,District 1 f r' `;.'' Rosemary Wilsen,District 2 City Manager :,�: _.+ /1 _ - Rusty Johnson,District 3 Robert Frank - � �` �, _� - ' Joel F.Keller,District 4 L i Tlatid - CITY OF OCOEE REQUEST FOR QUALIFICATIONS RFQ #1202 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL r t - iO J c �IIAA;l 1 rICITEf .. -- -� RFQ DOCUMENTS Section Page Legal Advertisement 3 RFQ Instructions 4-6 General Terms& Conditions 7- 19 Summary of Litigation*,p. 14 Acknowledgement of Addenda*, p.14 Equipment Listing*, p. 14 References/Experience,p. 15 Contract References Contact Information, *16 Clarifications &Exceptions to Franchise Agreement, *17 SCOPE OF WORK,AND PROPOSED FRANCHISE AGREEMENT Section Page Exhibit A—Scope of Work 20 Exhibit B—Company Information and Signature Sheet*, 21 Exhibit C—Proposed Franchise Agreement 22-33 *Submit with Response End Table of Contents RFQ#1202 Residential C&D Franchise 2 Request for Qualifications, Legal Advertisement The City of Ocoee, Florida, (City) is soliciting for sealed statements of qualifications for RFQ# 1202 Exclusive Franchise for Residential Construction & Demolition Debris Removal. Pursuant to Section 143-12 of Chapter 143 of the Code of Ordinances of the City of Ocoee,the City seeks to enter into an exclusive franchise agreement with multiple persons or entities, as determined by the City Commission, to provide the aforementioned services within the City. Qualification Packages will be received at the office of Joyce Tolbert, CPPB Purchasing Agent, Finance Department/Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 pm, local time, on June 26, 2012. Qualification Packages received after that time will not be accepted under any circumstances. Sealed qualification packages that have been timely received will be publicly opened and the name of the responding firms 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 response through Onvia/Demandstar by accessing the City's website at http://www.ocoee.orct under Finance/Purchasing. Partial sets of the documents required for submitting a response will not be issued. By using Onvia/Demandstar, prospective respondents will be provided with all information regarding this RFQ and addendums and changes to the project requirements. Membership with Onvia/Demandstar is not required to submit a response; fees may apply for non-members. Persons other than prospective respondents may inspect the documents required for submitting a response 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, June 3, 2012. RFQ#1202 Residential C&D Franchise 3 CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) # 1202 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION & DEMOLITION DEBRIS REMOVAL A. Sealed Statements of Qualifications for RFQ #1202 will be received by the City of Ocoee, hereinafter called "City," from any person, firm, corporation, or agency, hereinafter called "Respondent," submitting a response for the services being solicited. Each Respondent shall furnish the information required on the forms supplied, using additional forms if necessary. Responses submitted on any other format shall be disqualified. Responses must be typewritten or handwritten using ink; do not use pencil. Statements of Qualifications must be submitted under the signature of a legally responsible representative, officer, or employee and should be properly witnessed and attested. All responses should also include the name and business address of any person, firm, or corporation interested in the response, either as a principal, member of the firm, or general partner. If the Respondent is a corporation, the response 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 RFQ should be addressed in writing to the Finance Department/Purchasing, City of Ocoee, FL, Attention: Joyce Tolbert, Purchasing Agent (407) 905-3100, extension 1516 and fax (407) 905-3194 or email itolbert@ci.ocoee.fl.us, and must be received not later than June 19, 2012, at 2:00 p.m. in order to receive an answer. Any clarifications/changes will be only through written addenda issued by the Purchasing Agent. Respondents should not contact City staff, with the exception of the Purchasing Agent In addition, no contact is permitted with the City Commission, or other City consultants for information regarding this RFQ before the franchise agreement 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. The Statements of Qualifications must describe the qualifications of the firm planning to provide services. The Statements of Qualifications shall be presented as one (1) original and ten (10) copies and one (1) electronic copy of the proposal. The electronic copy shall be a complete copy of the response submitted in a fully electronic form on a CD-ROM as an Adobe PDF file, version 5 or later. The entire Statements of Qualifications package shall be received by the Finance Department not later than 2:00 P.M., local time, on June 26, 2012. Responses received by the Finance Department/Purchasing after the time and date specified will not be considered, but will be returned unopened. "Postage Due" items will not be accepted. Statements of Qualifications or any information transmitted by fax or e-mail will not be accepted. Statements of Qualifications shall be delivered in a sealed envelope, clearly marked with the RFQ number,title, and closing date and time, to: City of Ocoee Finance Department/Purchasing Attention: Joyce Tolbert, Purchasing Agent 150 N. Lakeshore Drive Ocoee, FL 34761-2258 D. Pre-Proposal Conference: None scheduled at this time. RFQ#1202 Residential C&D Franchise 4 E. Responses will be reviewed by an evaluation committee appointed by the City Manager and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled evaluation committee meeting(s) for this RFQ will be noticed publicly and on Demandstar. The evaluation committee shall supply a ranked list of the proposing firms and a recommendation regarding which firm(s) should be selected by the City Commission. The franchise agreement may be awarded to multiple Respondents, as determined by the City Commission, according to the evaluation criteria listed in this RFQ. Please be aware that all City Commission meetings are duly noticed public meetings and that all documents submitted to the City as a part of a response to a solicitation constitute public records under Florida law. F. All Respondents shall thoroughly examine and become familiar with this RFQ package and carefully note the items specifically required for submission of a complete Statements of Qualifications. G. Submission of Statements of Qualifications shall constitute an acknowledgment that the Respondent has complied with the instructions of this RFQ. The failure or neglect of a Respondent to receive or examine a document shall in no way relieve it from any obligations under its Statements of Qualifications or the franchise agreement. 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. Statements of Qualifications shall be in compliance with the contract documents and scope of services. All costs to prepare and submit a response 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 right to issue addenda concerning the date and time when Statements of Qualifications acceptance shall close at any time up to the date and time set for Statements of Qualifications closing. In this case, responses that have been received by the City prior to such an addendum being issued will be returned to the Respondent, if requested, unopened. In case any Respondent fails to acknowledge receipt of any such addendum in the space provided in the RFQ documents, its response will nevertheless be construed as though the addendum had been received and acknowledged. Submission of Statements of Qualifications will constitute acknowledgment of the receipt of the RFQ 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 RFQ Documents shall not bind the City. Any of the following causes may be considered sufficient for the disqualification and rejection of a Statements of Qualifications: a) Submission of more than one(1) response 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; RFQ#1202 Residential C&D Franchise 5 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 properly 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 Statements of Qualifications. 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 public entity crime may not submit a qualification statement on an award to provide any goods or services to a public entity, may not submit a response on an award with a public entity for the construction or repair of a public building or public work, may not submit qualification statements 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. [See Florida Statute 287.133(2) (a).1 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 RFQ 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 Statements of Qualifications that they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All Statements of Qualifications received in response to this RFQ 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 franchise agreement will become the exclusive property of the City. L. ACCEPTANCE AND AWARD. The City reserves the right to accept or reject any or all responses, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any Statements of Qualifications, or to re- advertise for new qualifications. The City may accept any item or group of items of any response, unless the Respondent qualifies its Statements of Qualifications by specific limitations. The City may accept one or more responses 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 a franchise agreement 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 responses 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 responses for acceptance and award. RFQ#1202 Residential C&D Franchise 6 REQ#1202 GENERAL TERMS &CONDITIONS: I. BID SECURITY: None Required. 2. PERFORMANCE BOND: The Franchisee(s) shall, without expense to the City, furnish a performance bond in a form acceptable to the City as security for the performance of the franchise agreement. Said performance bond will be in the amount of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00). All premiums for the performance bond shall be paid by the Franchisee. This performance bond shall be written by a surety company licensed to do business in the State of Florida and approved by the City and shall be maintained in full force and effect throughout the term of the franchise agreement. 3. PATENT INDEMNITY: Except as otherwise provided, the successful Respondents agree 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 the franchise agreement. Further, the Respondents 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. 4. AWARD CRITERIA: The franchise agreement will be awarded to multiple Respondents, as determined by the City Commission, according to the evaluation criteria listed in this RFQ. 5. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Agent in the following manner: a) A Respondent shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. b) A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the RFQ, its addenda, and other bid 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 bid. 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 recommendation of award by staff,whichever is earlier. RFQ#1202 Residential C&D Franchise 7 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 the City denies the protest, the City may proceed with award of the franchise agreement unless enjoined by order of a court of competent jurisdiction. 6. 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 Franchisees are required to comply with the Code of Federal Regulations (CFR) provisions found in 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 Franchisee 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 Franchisee 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) The Franchisee shall provide personal protective equipment that may be required for jobs in progress. e) The Franchisee shall observe the speed limit on City property. f) 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 B30.5. 7. 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. 8. CONTRACT: The successful Respondent(s) will be required to enter into a Franchise Agreement with the City. The proposed Franchise Agreement is attached. 9. 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 qualification statement. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms, other RFQ#1202 Residential C&D Franchise 8 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. 10. STATEMENT OF AFFIRMATION AND INTENT: a) Respondent declares that the only persons or parties interested in their response are those named herein, that this Statements of Qualifications 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 franchise agreement 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 will directly or indirectly benefit by the profits or emoluments of this response. (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 with the City. In the event that a conflict of interest is identified in the provision 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 RFQ has occurred, and that the response is made according to the provisions of the RFQ documents, and will meet or exceed the scope of services, requirements, and standards contained in the RFQ 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 for 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 Statements of Qualifications constitutes a firm and binding offer by the Respondent to perform the services as stated. RFQ#1202 Residential C&D Franchise 9 11. PUBLIC ENTITY CRIME STATEMENT: a) All bids, as defined by Section 287.012(11), Florida Statutes, requests for bids, 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 been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids 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 Statements of Qualifications 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. 12. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the Franchisee; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee contractor registration if permitting is required. Please contact the City's Building Department at (407)905-3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the Franchisee. 13. STANDARD INSURANCE REQUIREMENTS: The Franchisee shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Franchisee allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of"VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S.440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The RFQ#1202 Residential C&D Franchise 10 payment of such deductible shall be the sole responsibility of the Franchisee and/or subcontractor providing such insurance. b) Workers' Compensation Insurance: The Franchisee shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,0001$500,000 for all the Franchisee's employees connected with the work of this project and, in the event any work is sublet, the Franchisee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Franchisee. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under the franchise agreement for the City is not protected under the Workers' Compensation statute,the Franchisee shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Franchisee's employees not otherwise protected. • Include Waiver of Subrogation in favor of the City of Ocoee c) Franchisee's Public Liability and Property Damage Insurance: The Franchisee shall obtain during the life of the franchise agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Franchisee and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under the franchise agreement whether such operations be by the Franchisee or by anyone directly or indirectly employed by the Franchisee, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability& Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired & non-owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Franchisee is primary and non-contributory. 42,000,000 GENERAL AGGREGATE 42,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE •$1,000,000 PER OCCURRENCE 41,000,000 PERSONAL&ADVERTISING INJURY •Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Franchisee shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Franchisee's policy, as specified above. 4) Owner's Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured's general supervision of the independent contractor. The Franchisee shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. RFQ#1202 Residential C&D Franchise 11 5) Contractual Liability: If the project is not bonded, the Franchisee's insurance shall also include contractual liability coverage to insure the fulfillment of the franchise agreement. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. 41,000,000 PER OCCURRENCE 1$2,000,000 AGGREGATE 6) Commercial Umbrella: ■$1,000,000 PER OCCURRENCE •$2,000,000 Aggregate ■Including Employer's Liability and Contractual Liability 7) Builders Risk: As applicable for construction projects: O$100,000 Any(1) Location ■$1,000,000 Any(1)Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample below), naming the City of Ocoee as an additional insured will be furnished by the Franchisee upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: i) The name of the Insured Franchisee, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. (Remainder of page left blank intentionally) RFQ#1202 Residential CBD Franchise 12 • -.-OF LIA13ILITY INSIJRANCI; a`�`•.rf ,ac p CERaIrtICAT� 41 s1 Itmir. Ir:.- man,I 171-YRa e][[J 1]33"1 31 r►7lW:al 1FAL117]t111PM IAA a M7Wu111:fi'171IrY11 IFILiR iNrli tr W7, :IC TI :OAP I Y7rA111'1A11..5E WA 1 ..,.. MEAN..1.+11.1_• -- ll�:aui.u•1 rina ,^,Yl� I J rz1Yw i I NL,/►.n• '•...,,,7117T0'a••.•.••u...lraGar.Vlr•.J•.ir,ars r6111111 LTTV:MS.0 .r16rJhea I . uwx1T�—rN.e+r.•11•;r.•.M1f1 •l I'• I1iu Ir. 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It..d17_•1 a i, LJ11Jatll Li 7111,171Ik. •J711r. .3. •71711 caauLRYII! .1/Am..wort..a.csial 1717JS•:.u•..IVIaN^.•j• 7C:11l1 i..,.ravaana•,•w...r..l.rrl.i/••• la I•AnnT.i It ...alIuwev[w•:.. s[•frau!.,...•,r..elela•• rata.0E aarau .•OYpiJVJAn...1r71r'•IW 4•0•..JI.1RlI A,•!:M lI,...n1111S!ilii•�t .•.uu ilq�rilVSf l[nar.=rsi IIi` Jrd.11111111 MI . 414%p j e • RFQ#1202 Residential C&D Franchise 13 14. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid disputes, or contract dispute(s) filed by or against the Respondent in the past three (3) 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) 15. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated 16. 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. RFQ#1202 Residential C&D Franchise 14 17. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: 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/ TELEPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT Have you any similar work in progress at this time?Yes^No Length of time in business years months. Bank or other financial references: (Attach additional sheets if necessary) RFQ#1202 Residential C&D Franchise 15 RESPONDENT: 18. CONTRACT REFERENCES CONTACT INFORMATION List below firms with whom you have contracted for solid waste collection services within the past or with whom you are presently contracting. 1. COMPANY NAME: ADDRESS: CONTACT PERSON: PHONE NO.: 2. COMPANY NAME: ADDRESS: CONTACT PERSON: PHONE NO.: 3. COMPANY NAME: ADDRESS: CONTACT PERSON: PHONE NO.: RFQ#1202 Residential C&D Franchise 16 RESPONDENT: 19. CLARIFICATIONS AND EXCEPTIONS TO FRANCHISE AGREEMENT 1. Do you have any clarifications and exceptions to the proposed Franchise Agreement? Yes No If yes, will you enter in the Franchise Agreement if the City does not accept any of the exceptions/changes requested? Yes No If yes, state below all clarifications and exceptions. RFC)#1202 Residential C&D Franchise 17 20. SUBMITTALS: Each Statements of Qualifications shall contain the following either on this form or on separate signed and numbered sheets attached to this form: 1. A statement of experience and qualifications in waste management and residential construction and demolition debris removal services. 2. A description of equipment and reserve equipment proposed to be used to service the accounts within City of Ocoee under the terms of the franchise agreement. Include a description of the proposed dumpsters and containers. 3. Whether the proposed equipment to be used is currently owned or leased by the Proposer and whether it will be owned or leased during the term of the franchise. If leased, indicate the lessor of the proposed equipment. 4. Indicate whether within the past three (3)years you had a franchise or other agreement terminated by a governmental entity due to a default or alleged default? If yes, provide explanation. 5. List all franchise and other agreements which you currently have in place with governmental entities within the State of Florida. If more than five (5), list the five largest accounts. 6. If you have any clarifications or exceptions to the form of franchise agreement, so indicate on a separate sheet labeled "Clarifications and Exceptions to Franchise Agreement". If you have clarifications and exceptions, indicate if you will enter into the franchise agreement as prepared by the City if the City does not accept any exceptions or changes requested. 7. Use the attached Contract References Form to provide three references with which you have contracted for solid waste commercial and multi-family collection services. 8. Attach a copy of a valid business or occupational license. 9. Attached the forms listed on Table of Contents required to be submitted with your response. 10. Attach a current Financial Statement. Please submit a total of eleven (11) copies in separate envelopes, one copy for each copy of your Statements of Qualifications. The financial statements will be kept confidential as they are exempt from the Florida public records law, and will be destroyed within five (5) days after award of the franchise, unless a request to return is received. (Remainder of page left blank intentionally) RFQ#1202 Residential C&D Franchise 18 21. EVALUATION CRITERIA: The City shall select the responses which is determined to meet the best interest of the City based on the following factors: 1. The proven ability of the Proposer to efficiently provide residential construction and demolition debris services including verifiable references for the past (3) years (0 - 40 points) 2. The type and amount of equipment proposed to be used by the Proposer; (0 - 30 points) 3. The financial stability of the Proposer; (0-30 points) Responses will be reviewed by an evaluation committee appointed by the City Manager and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled evaluation committee meeting(s) for this RFQ will be noticed publicly and on Demandstar.The evaluation committee shall supply a ranked list of the proposing firms and a recommendation regarding which firm(s)should be selected by the City Commission. The franchise agreement may be awarded to multiple franchisees, as determined by the City Commission, according to the evaluation criteria listed in this RFQ. Please be aware that all City Commission meetings are duly noticed public meetings and that all documents submitted to the City as a part of a response to a solicitation constitute public records under Florida law. The City reserves the right, before awarding the franchise agreement, to require a Respondent to submit such additional evidence of its qualifications, as the City may deem necessary. The City shall be the sole judge of the competency of Respondents. All successful Respondents shall be required to execute an agreement that provides, among other things, for all plans, drawings, reports, and specifications resulting from Respondent's services to the City are to become the property of the City. Award, if made, will be to the responsible and qualified Respondent whose Statements of Qualifications is responsive to this Invitation and is in the best interest of the City based on the factors set forth in this RFQ, City Ordinances and in the franchise agreement. The award of the franchise pursuant to this RFQ is subject to the provisions of the Charter of the City requiring a public hearing preceded by at least thirty (30) days notice of the hearing and the proposed action by publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City of Ocoee. Within ten (10) days after written notice of award you will be required to submit the following: (1) Executed Franchise Agreement in the form attached with any clarifications and exceptions agreed to by the City; (2) Evidence of insurance in compliance with the Franchise Agreement; and (3) Executed Performance Bond. RFQ#1202 Residential C&D Franchise 19 EXHIBIT A SCOPE OF WORK RFQ#1202 EXCLUSIVE FRANCHISE FOR RESIDENTIAL CONSTRUCTION & DEMOLITION DEBRIS REMOVAL This is an Invitation for statements of qualifications for the exclusive provision of Residential Construction and Demolition Debris Removal, as defined in chapter 403.703 Florida Statutes as amended from time to time, within the corporate limits of the City of Ocoee, Florida. The City has complied with the provisions of Section 403.70605, Florida Statutes, and approved on June 7, 2011 to proceed with the residential construction and demolition debris removal franchise. Pursuant to Section 143-12 of Chapter 143 of the Code of Ordinances of the City of Ocoee, the City seeks to enter into a franchise agreement with multiple persons or entities, as determined by the City Commission,to provide the aforementioned services within the City. The estimated total revenue for this franchise is $75,000 - $100,000. The term of the Franchise is to commence on or around June 2014. The Franchisee shall pay to the City a franchise fee equal to twenty percent(20%)of the fees and charges actually collected by the Franchisee from customers for services rendered pursuant to the franchise granted by the City. Franchise fees will begin after the first full month's billings. The rates to be charged for the residential construction and demolition debris removal services will be as reasonably determined by the franchisee(s). (Remainder of page left blank intentionally) RFQ#1202 Residential C&D Franchise 20 BOND #866683 CONTRACT PERFORMANCE BOND (Exclusive Residential Construction and Demolition Debris Removal Franchise Agreement) KNOW ALL MEN BY THESE PRESENTS that Progressivef1Waste Solutions a of F1, Tru, ''' corporation, (hereinafter referred to as "Principal"), and Everc rePn Nati°nal Tnc-lemni 1-y Cnm any a corporation organized under the laws of the State of Ohio and licensed to do business in the State of Florida (hereinafter referred to as "Surety"), are held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of Twenty Thousand Dollars ($20,000.00), for the payment of which sum well and truly made, Principal and Surety bind themselves, and their successors and assigns,jointly and severally, in accordance with the terms set forth herein. Recitals WHEREAS, Principal has by written agreement dated October 3, 2012 entered into a contract, with the Obligee titled "Exclusive Residential Construction and Demolition Debris Removal Franchise Agreement" (hereinafter referred to as the "Contract") for the purposes of establishing an exclusive franchise granted by the Obligee and accepted by the Principal for the residential construction and demolition debris removal within the corporate limits of the City of Ocoee; and WHEREAS, the Contract identifies certain performance obligations of the Principal for a term of five (5) years commencing on June 8, 2014,which term may be extended for an additional two (2) years; and WHEREAS, the Surety acknowledges receipt of good and valuable consideration for the obligations it assumes hereunder, NOW, THEREFORE, it is agreed that the above Recitals are acknowledged to be true and are incorporated herein by reference. This Contract Performance Bond is being issued by the Surety to secure the performance obligations of the Principal under the Contract and any additional extensions thereof. If the Principal shall well, truly and timely perform all the undertakings, covenants, terms, conditions, and agreements of said Contract, within the term of the Contract and all extensions thereof; and shall also well, truly and timely perform all undertakings, covenants,terms, conditions, and agreements of any and all duly authorized modifications of said Contract that may hereafter be made; and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, caused by any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, costs and attorneys' fees, including attorneys' fees incurred in appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform its performance obligations under the Contract, then the obligations of this Contract Performance Bond shall be null and void; otherwise, this Contract Performance Bond shall remain in full force and effect and Surety shall be liable to Obligee under this Contract Performance Bond in accordance with its terms. The Surety's obligations to the Obligee hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (a) amendments or modifications to the Contract entered into by Obligee and Principal without the Surety's knowledge or consent; (b) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (c) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The United States Bankruptcy Code, as the same may be from time to time amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (d) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by RFQ1202 Exclusive Franchise Residential C&D 1 2301 Eagle Parkway, Suite 200, Fort Worth, TX 76177 6140 Parkland Boulevard, Suite 321, Mayfield Heights, Ohio 44124 operation of law of the Surety from its obligations hereunder. Any changes in or under the Contract or noncompliance with any formalities connected with the Contract or changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. The Surety shall perform the obligations of the Principal under the Contract upon receipt of five (5) days written notice of the Principal's default. In the event that the Surety fails to fulfill its obligations under this Contract Performance Bond, then the Surety shall pay, indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, caused directly or indirectly by the Principal's default(s) and the Surety's failure to fulfill its obligations hereunder. This Contract Performance Bond and its obligations shall survive the termination or cancellation of the Contract. The payment and indemnification obligations set forth in this paragraph shall be limited by the Penal Sum of this Contract Performance Bond. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the 24th day of Ap-H 1 , 201#, the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Progressive Waste Solutions of FL, Irnincipal By: /• � / (SEAL) / i, t Thomas J. Fowler, VP (Official Title) Evergreen National Inde,ni ty CnmpanySurety ,. - 1i By: ," ,. •. /t/4.7 _ r?AJ AL) Timothy Covert (Official Title) At orney-In-Fact (Countersigned by Florida Registered'Agent) Karen Marie LoConti-Diaz, License #A157318 NOTES: If Principal and Surety are corporations,the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety. RFQ1202 Exclusive Franchise Residential C&D 2 EVERGREEN NATIONAL INDEMNITY COMPANY MAYFIELD HEIGHTS,OH POWER OF ATTORNEY POWER NO.866663 KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate,constitute and appoint:***Timothy Covert*** its true and lawful Attorney(s)-In-Fact to make,execute,attest,seal and deliver for and on its behalf, as Surety,and as its act and deed,where required,any and all bonds,undertakings, recognizances and written obligations in the nature thereof,PROVIDED, however,that the obligation of the Company under this Power of Attorney shall not exceed Twenty Thousand and 00/100 Dollars($20,000.00) This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of July,2004: "RESOLVED, That any two officers of the Company have the authority to make, execute and deliver a Power of Attorney constituting as Attorney(s)-in-fact such persons,firms,or corporations as may be selected from time to time. FURTHER RESOLVED,that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile;and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto,and these presents to be signed by its duly authorized officers this 1st day of December,2014. EVERGREEN NATIONAL INDEMNITY COMPANY tA� 144 SEAL � By: ,.,, $ Matthew T.Tucker,President uoMo* By. �t David A.Canzone,CFO Notary Public) State of Ohio) SS: On this 1st day of December, 2014, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Matthew T. Tucker and David A. Canzone of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation,and that the resolution of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Cleveland,Ohio,the day and year above written. `�,`ptPRr1ALISF.,� ' PENNY ARY M PUBLIC HAMM 6— I'' S -424 !STATE OF OHIO Penny M.Hamm,Notary Public .4t =Comm.Expires k j�� My Commission Expires April 4,2017 April 04,2017 ';41.;141100°,,,,sp State of Ohio) SS: I, the undersigned, Secretary of the Evergreen National Indemnity Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth herein above,is now in force. Signed and sealed In Mayfield Hts,Ohio this 24'h day of April 2015. ,,,���aaayl INOp� �-rorur SEAL o - OHIO�` do+ Wan C.Collier,Secretary EVERGREEN E p NATIONAL• ®N • ALINDEMNITY E SNI TY - - - COMPANY AN Y _- :: ; = - s : ~ . ;;;tit - t NyN z : - =..t ::„r ::: Is herebyauthorized to transact = t - .. �.-eizt�: - '-.. =v, - :*,..„. insurance in the State of Florida... �� :� �w, �� �...i:,:.. ;�.•w-:Y_, Es•::: �.�” -$2,�”`�..r"��.1+.- tom.".a'3.`;".a',-•.L ..`J"�} ' 't.,—.Z;"„; '' t " "g '" , `� � ., � This certificate s . - ., w signifies that the company ____,...,1„ ...,....:45,_ .; � � 1k�R: .. has satisfiedrequirements of the w5 1 , .14;i1.--,-.i .-.a -•' .a.--4... .. s.:eT3�— all _ '•��'�� Florida r�, ;LT -St-�_ :. gi=n.L� rias- . Insurance Code for the ;tip ,}.: � :<- ; - f ,,,.^,,,: ;�,r �� issuance Y `, �� t k X- 4:.. . vim- '? 3f. ^;ti ti,f r .1 , ..5 1 .r - = of a license and k .t .: r remains subject to `` ' ?�� '� all applicable laws of Florida.l t w ,r f.-Y „} i Z •L I ; t 'g < ----,:"'Florida : Date of Issuance: November 28, 1983 No. 94-36-2467238 r : ,.....:_,,.....1.1,:,.,7::.::._,,.:: 1:, ; De artmen _ F p • t 0, insurance° 1b-,.. - , /(___, Tom Gana 4-r r / Treasurer a d in ranee Commissioner .-* Evergreen National Indemnity Company Certificate 2014 The following financial information was excerpted from the Statutory Annual Statement filed by Evergreen National Indemnity Company with the Ohio Department of Insurance. STATEMENT OF INCOME Direct Written Premium $32,858,244 Reinsurance Assumed 4,322,556 Reinsurance Ceded (25,184,243) Net Written Premium 11,996,557 Change in Unearned 100,034 Net Earned Premium 12,096,591 Losses&LAE Incurred 26,984 Net Commission Expense 7,605,530 Other Expenses 3,115,544 Underwriting Gain/(Loss) 1,348,533 Net Investment Income 849,340 Net Realized Capital Gains(Loss) 454,783 Other Income/(Expense) 627 Income Before FIT 2,653,283 Federal Income Tax 748,122 Net Income 1,905,161 BALANCE SHEET Assets Invested Assets 43,597,974 Agent's Balances(net of Reins.) 2,062,101 Reinsurance Recoverable 315,130 Other Assets 784,303 Total Assets 46,759,508 Liabilities&Surplus Unearned Premium Reserve 4,871,404 Loss&LAE Reserves 3,486,422 Ceded Reinsurance Payable 3,526,692 Other Liabilities 1,665,656 Total Liabilities 13,550,174 Surplus 33,209,334 Total Liabilities& Surplus 46,759,508 I hereby certify that the above information is that contained in the Statutory Annual Statement filed by Evergreen National Indemnity Company with the Ohio Department of Insurance for the year ending December 31,201 David A.Canzone,Tre surer Detail by Entity Name Page 1 of 3 7 FLORIDA DEPARTMENT OF STATE 44 F ' DIVISION OF CORPORATIONS iffi ,u - §2 . ; .�-- 'Z'73 Detail by Entity Name Foreign Profit Corporation EVERGREEN NATIONAL INDEMNITY COMPANY Filing Information Document Number 857982 FEI/EIN Number 362467238 Date Filed 10/04/1983 State OH Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/07/2013 Principal Address 6140 PARKLAND BOULEVARD SUITE 321 MAYFIELD HEIGHTS, OH 44124 Changed: 03/25/2008 Mailing Address 6140 PARKLAND BOULEVARD SUITE 321 MAYFIELD HEIGHTS, OH 44124 Changed: 03/25/2008 Registered Agent Name & Address CHIEF FINANCIAL OFFICER 200 E. GAINES ST TALLAHASSEE, FL 32399-0000 Name Changed: 03/17/2003 Address Changed: 03/18/2014 Officer/Director Detail Name & Address Title DT CANZONE, DAVID A http://search.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetail?inq... 4/30/2015 Detail by Entity Name Page 2 of 3 6140 PARKLAND BLVD., SUITE 321 MAYFIELD HEIGHTS, OH 44124 Title S COLLIER, WAN 6140 PARKLAND BOULEVARD, SUITE 321 MAYFIELD HEIGHTS, OH 44124 Title President, Director Tucker, Matthew T 6140 PARKLAND BOULEVARD SUITE 321 MAYFIELD HEIGHTS, OH 44124 Title VP, Director Shepard, Robert W 6140 PARKLAND BOULEVARD SUITE 321 MAYFIELD HEIGHTS, OH 44124 Title Director Slatery, Charles K 6140 PARKLAND BOULEVARD SUITE 321 MAYFIELD HEIGHTS, OH 44124 Title Director Lackie, James D 6140 PARKLAND BOULEVARD SUITE 321 MAYFIELD HEIGHTS, OH 44124 Annual Reports Report Year Filed Date 2013 10/07/2013 2014 03/18/2014 2015 01/12/2015 Document Images 01/12/2015 -- ANNUAL REPORT View image in PDF format 03/18/2014 --ANNUAL REPORT View image in PDF format 10/07/2013 -- REINSTATEMENT View image in PDF format 04/24/2012 --ANNUAL REPORT View image in PDF format 05/02/2011 -- REINSTATEMENT View image in PDF format http://search.sunbiz.org/Inquiry/Corporati on Search/S earchResultDetai 1?inq... 4/30/2015 Client#: 18927 IESI ACORD„. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/22/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). . PRODUCER CONTACT Margie Blackmon HUB International Ins Svcs Inc PHONE 505 828-4000 FAX 866-487-3972 (A/C,No,Ex1): (NC,No): PO Box 90756 EMAImarL ie.blackmon hubinternational.com Albuquerque, NM 87199-0756 ADOREss: 9 @ INSURER(S)AFFORDING COVERAGE NAIC N 800-800-5661 /CA Lic#0757776 INSURER A:Greenwich Insurance Company 22322 INSURED INSURERB:Catlin Specialty Insurance Comp 15989 Progressive Waste Solutions of FL,Inc. LibertyInsurance Underwriters 19917 450 Carillon Parkway Ste 130 INsuRERc: INSURERD:Great American Assurance Compan 26344 Saint Petersburg, FL 33716 Arch Insurance Company11150 FEIN 20-0435940 INSURERE: INSURER F:Arch Specialty Insurance Compan 21199 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRRTYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DO/YYYY) A GENERAL LIABILITY x x GEC002511808 12/31/2014 12/31/2015 EEAACCHHGO6CTCpURRRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea ocaaErrencs) $100,000 _ CLAIMS-MADE X OCCUR MED FRCP(Any one person) $5,000 X ContractualLiability PERSONAL$ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $2,000,000 .• POLICY X PROT- LOC $ JEC E AUTOMOBILE LIABILITY x x 41CAB4928009 12/31/2014 12/31/2015(s a deD SINGLE LIMIT $2,000,000 X ANY AU I O BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ , AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ 1 _ AUTOS (Per accident) XMCS-90 ENDT $ B• X UMBRELLALIAB X OCCUR X x UMC936341215 12/31/2014 12/31/2015 EACH OCCURRENCE $25,000,000 C EXCESS LIAR CLAIMS-MADE 100007688010 12/31/2014 12/31/2015 AGGREGATE $25,000,000 D OED RETENTION$ EXC2464752 12/31/2014 12/31/2015 $ E WORKERS COMPENSATION x 41 WCI4927809 12/31/2014 12/31/2015 X TORY AMrrS FR AND EMPLOYERS'LIABILITY F ANY ICEWMEMBEREXC UDED ECLITIVEIY/N N!A 44WCI4993001 (NY) 12/31/2014 12/31/2015 E.L EACH ACCIDENT $1,000,000 OFF(Mandatory In NH) E.L DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(Attach ACORD 101,AddHlonal Remarks Schedule,If more space is required) Where required by written contract or agreement,City of Ocoee is included as additional insured with respects to general liability per form CG2010 0413,on a primary& non-contributory basis perform X1L424 0605 and to auto liability per form 00CA011500 0410.Waiver of subrogation in favor of the stated additional insured applies to general liability per form CG2404 0509, auto liabilty per form 00CA008000 0408,and workers compensation per form WC000313,where required by written contract or agreement.Umbrella Liability follows form.Contractual Liability is included under General Liability coverage form. CERTIFICATE HOLDER CANCELLATION ANY OFAE City of Ocoee THE SHOULD EXPIRATIONH E DATE VTHEREOF,DESCRIBEDE NOTICE)ES WILL CBE ODELIVEREDO NE 150 N Lakeshore Drive ACCORDANCE WITH THE POLICY PROVISIONS. Ocoee, FL 34761 AUTHORIZED REPRESENTATIVE 1 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3464544/M3342682 S M02 POLICY NUMBER: GEC002511808 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN Various AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE"BODILY INJURY"OR "PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured principal as a part of the same project. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 1. Required by the contract or agreement;or additional insureds, the following is added to 2. Available under the applicable Limits of Section III—Limits Of Insurance: Insurance shown in the Declarations; If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the most we will pay on behalf of the additional insured is the This endorsement shall not increase the applicable amount of insurance: Limits of Insurance shown in the Declarations. CG 20 10 0413 ©Insurance Services Office, Inc., 2012 Page 2 of 2 ENDORSEMENT#010 This endorsement, effective 12:01 a.m., December 31, 2014 forms a part of Policy No. GEC002511808 issued to IESI CORPORATION by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy,this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. X I L 424 0605 ©, 2005, XL America, Inc. WATJ 01/23/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR TRUCK CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Under SECTION II — LIABILITY COVERAGE, the Who is An Insured provision in paragraph A. 1 is amended to include as an additional "insured"the person or organization who is required under a written contract with you to be included as an "insured" under this policy, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 41CAB4 92800 9 Named Insured: IESI CORPORATION This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 12-31-14 00 CA0115 00 04 10 Page 1 of 1 POLICY NUMBER: GEC002511808 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE"BODILY INJURY"OR"PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV- Business Auto Conditions, A. - Loss Conditions, 5. -Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident"or"loss"if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any"accident"or"loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. All other terms and conditions of the Policy remain unchanged Endorsement Number: Policy Number: 41CAB4 92800 9 Named Insured: IESI CORPORATION This endorsement is effective on the inception date of this policy unless otherwise stated herein. Endorsement Effective Date: 12-31-14 00 CA0080 00 04 08 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS REQUIRED BY WRITTEN CONTRACT WITH SUCH PERSON OR ORGANIZATION PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12-31-2014 Policy No. 41WCI4927809 Endorsement No. Insured IESI CORPORATION Premium $ INCL. Insurance Company ARCH INSURANCE COMPANY Countersigned By 6K.G:. 1164 441,..64 1983 National Council on Compensation Insurance. POLICY NUMBER: GEC002511808 COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than Policy Condition or as amended by an applicable nonpayment of premium, the number of days state cancellation endorsement, is increased to the required for notice of cancellation, as provided in number of days shown in the Schedule above. paragraph 2. of either the CANCELLATION Common CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1992 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLY NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM GARAGE COVERAGE FORM Common Poicy Conditions, A. Cancellation, 2. is amended to read: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. ( 10 ) days before the effective date of cancellation if we cancel for nonpayment of premium; or b ( 9 0 ) days before the effective date of cancellation if we cancel for any other reason. All other terms and conditions of the Policy remain the same, Endorsement Number: Policy Number: 41CAB4 92 8 0 0 9 Named Insured: IESI CORPORATION This endorsement is effective on the inception date of this policy unless otherwise stated herein. Endorsement Effective Date: 12-31-2 014 00 CA0081 00 04 08 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY EARLIER NOTICE OF CANCELLATION PROVIDED BY US ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attached clause" is to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on (Date) at 12:01 A.M.standard time,forms a part of Policy No. 411n'CI4 927809 of the ARCH I NSURANCE COMPANY Insurance Company Issued to IESI CORPORATION (Named Insured) U22[146,a,14 Authorized Representative For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation,as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable stare cancellation endorsement,is increased to the number of days shown in the Schedule below, All the terms and conditions of the Policy which are not inconsistent with this endorsement continue to apply, SCHEDULE NumberofDays'Notice: 90 DAYS EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM 00 WC004 001 103 Page 1 of I ADVANCE COPY UMC936341214 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or de- c. Recommend changes. livering to us advance written notice of cancel 2, We are not obligated to make any inspections, lation. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in- ering to the first Named Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- dertake to perform the duty of any person or lation if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public. And we do not warrant that conditions: b. 30 days before the effective date of cancel- lation if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply 4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rata. If the first to any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica less than pro rata. The cancellation will be of tion, under state or municipal statutes, ordi- fective even if we have not made or offered a nances or regulations, of boilers, pressure ves- refund, sels or elevators. 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. The first Named Insured shown in the Declara- B. Changes tions: This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded. and The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we tions is authorized to make changes in the terms pay. of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under can be amended or waived only by endorsement This Policy issued by us and made a part of this policy. C. Examination Of Your Books And Records Your rights and duties under this policy may not be transferred without our written consent except We may examine and audit your books and rec- in the case of death of an individual named in- ords as they relate to this policy at any time during sured. the policy period and up to three years afterward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while 1. We have the right to: acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0