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ACCESSING COMPETED CO-OP and GOVERNMENTAL CONTRACTS CHECK LIST CONTRACT NO.: 2013-14-9500-00-011 PROCUREMENT CONTRACTING OFFICER: Charles F. Johnson DATE SUBMITTED: 5/31/17 TITLE: Recyclable Materials Processing Services Accessing Co-ops and Governmental Contracts Package All Accessing of contacts must be reviewed and approved by the Department Director with signature below. Procurement Documents — to be included in Approval Package • Award Summary Form for Director or City Manager (if applicable) ® Agenda Item Summary Folln (for Commission Approval — if applicable) Resolution (for Commission Approval — if applicable) Copy of this checklist signed by the Director Co-op/Governmental Agency Documents — to be included in Approval Package Copy of Tally/Evaluation Results (score sheets, ranking or summary) • Copy of Contract's Advertisement & Distribution information Copy of Contract/Solicitation Being Accessed Copy of Award Sheet/Approval Documents Copy of Proposal/Bid NOTES: PPROVED as a contract which was entered into pursuant to a competitive process in compliance with City laws, po icies and procedures. ❑ NOT APPROVED as a contract which was entered into pursuant to a competitive process in compliance with City laws, pq ies and procedures. An Pffez, CPPO Director, Department of Procurement 10/8/14 SEP 0 9 2014 CITY OF HIALEAH CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor Carlos Hernandez, and Members of the Hialeah City Council FROM: Lorena E. Bravo, Acting City Atto DATE: September 4, 2014 RE: Report of the Selection Committee —Invitation to Bid No. 2013-14-9500- 00-011 Recyclable Materials Processing Services Pursuant to a duly advertised notice, the City of Hialeah received 3 responses to the City of Hialeah Invitation to Bid No. 2013-14-9500-00-011 for Recyclable Materials Processing Services for the City of Hialeah. The City solicited bids from qualified companies to process, market and sell the City's recyclable materials collected. Anyone wishing to submit a response to the Bid was required to attend a mandatory conference held on July 18, 2014 since a response submitted by anyone not in attendance would not be considered. Only four companies attended the pre -bid mandatory conference on the date and time scheduled. The terms of the Bid required a two-part response; the first, a response requiring information to determine whether the proposer was qualified, responsive and responsible and the second, a cost proposal based on an established formula that considered the average market value of recyclable materials comparable to those collected by the City as set forth in a designated market index and the total cost of delivering the recyclables to the proposer's designated recycling facility. The contract would be awarded solely based on the offer that would generate the highest net revenue for the City from among those proposers who were first determined to be qualified, responsive and responsible. The Selection Committee, consisting of Armando Vidal, Director of Public Works, Ines F. Beecher, Director of the Office of Management and Budget, and Angel Ayala, Acting Director of the Purchasing Department reviewed the responses during two meetings conducted on August 18, 2014 and September 2, 2014 from the following companies who were in attendance at the pre -bid conference: Waste Management, Inc. of Florida, Waste Pro of Florida, Inc., and Progressive Waste Solutions of Florida, Inc. The City also retained the consulting services of Allison Trulock, from HDR,Inc., and outside counsel, David Dee, Esq., to be available to answer any questions in evaluating the responses received according to the Bid. Selection Committee Report Page 2 During its meeting of August 18, 2014, the Selection Committee received copies of all three responses. It was noted at this time that Waste Pro's response was a "no bid" letter notifying the City that it had not submitted a bid in response. Also, Waste Management's response was in the form of a letter notifying the City that it could not submit a responsive proposal, setting forth reasons why and proposing an alternative proposal. Of the three, Progressive was the only company who submitted a response in the manner required by the Bid. The Selection Committee received a copy of Progressive's qualifications package for their individual review and the meeting was adjourned. On September 2, 2014, the Selection Committee reconvened to discuss the qualifications package submitted by Progressive. Of the Committee, only Ines Beecher and Angel Ayala were present at the meeting. Outside counsel, David Dee, Esq., was present by telephone. Prior to discussing the qualifications package submitted by Progressive, the Committee reviewed the letter submitted by Waste Management. It determined that the letter was unresponsive to the Bid in form and substance. Furthermore, the alternate proposal in the letter, which required the City to pay Waste Mangement for the processing of its recyclable materials under the terms set forth by Waste Management, was unresponsive and provided no economic value to the City. Waste Mangement's response was rejected and not given any further consideration. The Selection Committee members present then discussed the qualifications package submitted by Progressive and determined that it was responsive to the Bid. The Committee further found that Progressive was qualified and responsible. Based on this determination, the Committee proceeded to open the cost package submitted by Progressive. Progressive proposed to pay the City 35.5% of the average market value index minus the fixed contractor's fee of $50.00. Based on the average market value for April 2014, Progressive's proposal would result in an estimated annualized payment to the City of $98,718.40 or $12.34 per ton. Accordingly, the Selection Committee hereby recommends awarding the five-year contract for the processing of recyclable materials to Progressive Waste Solutions of Florida, Inc. s:llebldepartmentslpurchasinglrecyctables-itb-selection comm itce.report.doc RESOLUTION NO. RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA GRANTING AN AGREEMENT FOR PROCESSING RECYCLABLE MATERIALS TO PROGRESSIVE WASTE SOLUTIONS OF FLORIDA, INC. AS THE QUALIFIED, RESPONSIVE AND RESPONSIBLE BIDDER PROVIDING THE MOST ECONOMIC VALUE TO THE CITY PURSUANT TO INVITATION TO BID NO. 2013-2014-9500-00-011 FOR THE PROCESSING, MARKETING AND SALE OF THE CITY'S RECYCLABLE MATERIALS COLLECTED. FOR AN INTIAL TERM OF FIVE YEARS, ON TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, AS PUBLISHED IN THE INVITATION TO BID, AND AUTHORIZING THE MAYOR AND THE CITY CLERK, AS ATTESTING WITNESS, ON BEHALF OF THE CITY OF HIALEAI-I, TO EXECUTE THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT 1". WHEREAS, the City sought competitive bids in response to an invitation to bid for the processing, marketing and sale of the City's recyclable materials; and WHEREAS, an advisory committee composed of three staff members evaluated all responses received in accord with the requirements in the solicitation to select the qualified, responsive and responsible bidder providing the most economic value to the City; and WHEREAS, the selection committee recommended the contract be awarded to Progressive Waste Solutions of Florida, Inc. pursuant the report of the committee dated September 4, 2014, the content of which is incorporated herein by reference in its entirety; and WHEREAS, the findings of the selection committee are hereby adopted; WHEREAS, it is in the best interest and welfare of the residents of the City of Hialeah to award the contract to Progressive Waste Solutions of Florida, Inc. in accord with the recommendation of the selection comrnittee; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT: RESOLUTION NO. Page 2 Section 1: The foregoing facts and recitations contained in the preamble to this resolution are hereby adopted and incorporated by reference as if fully set forth herein. Section 2: The City of Hialeah, Florida hereby grants Progressive Waste Solutions of Florida, Inc. an agreement for the processing of recyclable materials for an initial term of five (5) years on terms and conditions set forth in the Agreement for Processing Recyclable Materials as published in Invitation to Bid No. 2013-2014-9500-00-011 for Recyclable Materials Processing Services as the qualified, responsive and responsible bidder providing the most economic value to the City and hereby authorizes the Mayor and the City Clerk, as attesting witness, an behalf of the City of Hialeah, to execute the Agreement, a copy of which is attached as "Exhibit 1". PASSED and ADOPTED this day of , 2014. Attest: Marbelys F Appro Isis Garcia -Martinez Council President Approved on this day of , 2014. i#y Clerk le ' al sufficiency: cting City Attorney slation1301a-resorutionslrogressite-recpclables-ills-agreemenl•reso.docx Mayor Carlos Hernandez June 27, 2014 Via e-mail: Miamilegals@alm.com Miami Review One S.E. 3 Avenue, Suite 900 Miami, FL 33131. ATTN: Legal Ads. Dept. Please publish the attached legal notices for the City of Hialeah in the Miami Review edition of Tuesday, July 1, 2014. In order to insure prompt and proper payment, please submit itemized bill and two notarized proofs of publication to the Office of the City Clerk, 501 Palm Avenue, Hialeah, FL 33010. Should you have any questions, please call my secretary Maricarmen Lopez at (305) 883- 5823. Sincerely, CITY OF HIALEAH, FLORIDA /sr Marbelys Fatjo, Esq. Acting City Clerk MF/ml Enclosures: Invitation for bids / Recyclable Materials Processing Services/ Bid No. 2013- 14-9500-00-011 CITY OF HIALEAH ADVERTISEMENT and INVITATION TO BID Sealed Bids in response to this Invitation To Bid ("ITB" or "Solicitation') for Recyclable Materials Processing Services will only be received by the City Clerk of the City of Hialeah, in the City Clerk's office on the 3`d Floor of City Hall (located at 501 Palm Avenue, Hialeah, Florida), until 11:00 A.M., Tuesday, August 12, 2014, at which time the submittals will be opened by the City Clerk in the 3rd Floor Conference Room in City Hall, when the Bidders' names will be announced and the Bids will be delivered to the Public Works Department for review and handling. There will be a mandatory Pre -Bid Conference in the 3rd Floor conference room in City Hall at 2:00 P.M. on Friday, July 18, 2014. Each Bidder must attend the mandatory Pre -Bid Conference. Each Bidder should bring a copy of this Solicitation to the conference because additional copies of this Solicitation will not be available. The deadline for submitting written questions, comments, and requests for clarification concerning this Solicitation shall be 2:00 P.M. on Friday, July 25, 2014. RECYCLABLE MATERIALS PROCESSING SERVICES ITB NO. 2013/14-9500-00-011 Affidavits, forms and the text of the Invitation to Bid may be obtained at the Purchasing Office, City Hall, 501 Palm Avenue, 4`h Floor, Hialeah, Florida. Each Bid shall be submitted in two (2) sealed envelopes. One sealed envelope shall contain the "Qualification Package" and the other sealed envelope shall contain the "Cost Package." The outside of each sealed envelope must clearly indicate the name and number of this ITB (Recyclable Materials Processing Services; ITB No. 2013-14- 9500-00-011); the Bidder's name and address; and the name and telephone number of the Bidder's contact Person. Each envelope shall be clearly marked as either the "Qualification Package" or the "Cost Package." The two sealed envelopes may be placed in one package for delivery to the City, but the outside of the package must clearly indicate the name and number of this ITB, the Bidder's name and address, and the name and telephone number of the Bidder's contact Person. A Bid may be withdrawn prior to the deadline for submitting Bids to the City under this ITB. Any Bid that is not withdrawn in time shall constitute an irrevocable offer to provide the services requested herein. The offer shall remain in effect for a period of one hundred eighty (180) days after the deadline for submitting the Bid. The City reserves its right to: reject any or all Bids, with or without cause; waive minor irregularities with regard to the Bid requirements and the Bids received; and award the City's contract to the Bidder that is deemed to be responsible, responsive, and providing the best overall value to the City. Advertisement Date: July 1, 2014 CITY OF HIALEAH, FLORIDA Angel Ayala Acting Purchasing Director INVITATION TO BID Recyclable Materials Processing Services ITB No. 2013-14-9500-00-011 MANDATORY PRE- BID CONFERENCE FRIDAY, JULY 18T", 2014 @ 2:00PM ADDITIONAL INFORMATION & CLARIFICATION DEADLINE FRIDAY, JULY 25m, 2014 @ 2:00PM RESPONSE SUBMISSION DATE AND TIME TUESDAY, AUGUST 25T", 2014 @ 11:00AM AT CITY OF HIALEAH OFFICE OF THE CITY CLERIC CITY HALL, 3RD FLOOR 501 PALM AVENUE HIALEAH, FL 33010 - 4719 Each Bidder is solely responsible for ensuring that it submits its response to this Bid Solicitation at the Office of the City Clerk on or before the applicable deadline. The City of Hialeah will not be responsible far delays caused by the United States Postai Service or any other occurrence. Copies of this ITB Document may be obtained by contacting Angel Ayala, the Acting Purchasing Director of the Purchasing Department, at AAyala@Hialeahfl.gov. CITY OF HIALEAH ADVERTISEMENT and INVITATION TO BID Sealed Bids in response to this Invitation To Bid ("ITB" or "Solicitation") for Recyclable Materials Processing Services will only be received by the City Clerk of the City of Hialeah, in the City Clerk's office on the 3rd Floor of City Hall (located at 501 Palm Avenue, Hialeah, Florida), until 11:00 A.M., Tuesday, August 12, 2014, at which time the submittals will be opened by the City Clerk in the 3rd Floor Conference Room in City Hall, when the Bidders' names will be announced and the Bids will be delivered to the Public Works Department for review and handling. There will be a mandatory Pre -Bid Conference in the 31d Floor conference roam in City Hall at 2:00 P.M. on Friday, July 18, 2014. Each Bidder must attend the mandatory Pre -Bid Conference. Each Bidder should bring a copy of this Solicitation to the conference because additional copies of this Solicitation will not be available. The deadline for submitting written questions, comments, and requests for clarification concerning this Solicitation shall be 2:00 P.M. on Friday, July 25, 2014. RECYCLABLE MATERIALS PROCESSING SERVICES ITB NO. 2013/14-9500-00-011 Affidavits, forms and the text of the invitation to Bid may be obtained at the Purchasing Office, City Hail, 501 Palm Avenue, 411 Floor, Hialeah, Florida. Each Bid shall be submitted in two (2) sealed envelopes. One sealed envelope shall contain the "Qualification Package" and the other sealed envelope shall contain the "Cost Package." The outside of each sealed envelope must clearly indicate the name and number of this ITB (Recyclable Materials Processing Services; ITB No. 2013-14- 9500-00-011); the Bidder's name and address; and the name and telephone number of the Bidder's contact Person. Each envelope shall be dearly marked as either the "Qualification Package" or the "Cost Package.' The two sealed envelopes may be placed in one package for delivery to the City, but the outside of the package must clearly indicate the name and number of this ITB, the Bidder's name and address, and the name and telephone number of the Bidders contact Person. A Bid may be withdrawn prior to the deadline for submitting Bids to the City under this ITB. Any Bid that is not withdrawn in time shall constitute an irrevocable offer to provide the services requested herein. The offer shall remain in effect for a period of one hundred eighty (180) days after the deadline for submitting the Bid. The City reserves its right to: reject any or ail Bids, with or without cause; waive minor irregularities with regard to the Bid requirements and the Bids received; and award the City's contract to the Bidder that is deemed to be responsible, responsive, and providing the best overall value to the City. Advertisement Date: July 1, 2014 CITY OF HIALEAH, FLORIDA Angel Ayala Acting Purchasing Director The City of Hialeah, Florida (hereinafter referred to as the "City"), is hereby soliciting Bids from all qualified companies that wish to process, market, and sell the City's Program Materials (Le., Recyclable Materials ("Recyclables") collected by the City). Any company ("Person") wishing to submit a Bid shall comply with the requirements contained in this Invitation to Bid ("ITB" or "Solicitation") for Recyclable Materials Processing Services (1TB No. 2013-14-9500-00-011). Each Bid shall be submitted in two (2) separate sealed envelopes; one (1) envelope shall contain the "Qualification Package" and the other envelope shall contain the "Cost Package." The outside of each sealed envelope must clearly indicate the name and number of this 1TB (Recyclable Materials Processing Services; ITB No. 2013-14-9500- 00-001); the Bidder's name and address; and the name and telephone number of the Bidder's contact Person. Each envelope shall be marked as either the "Qualification Package" or the "Cost Package." Each Bid shall be delivered to the City no later than the date and time specified below. Bids received after said date and time will not be considered and no time extensions will be granted. Each Bid shall be delivered to the City of Hialeah, Office of the City Clerk, Hialeah City Hall, 3rd floor, 501 Palm Avenue, Hialeah, FL 33010. The City's schedule for this Solicitation is as follows: Event Date Time Advertisement Date: July1, 2014 Mandatory Pre -Bid Conference: July 18, 2014 2:00 PM Last Date for Receipt of Written Questions: July 25, 2014 2:00 PM Deadline for Submittal of Bids: August 12, 2014 11:00 AM Evaluation of Responses: August 26, 2014 City Council Contract Approval Date: September 9, 2014 Notice to proceed: October 1, 2014 (The City reserves the right to delay or modify scheduled dates and wr!! no of Bidders of all changes in scheduled dates.) Copies of this Solicitation may be obtained from the Purchasing Department. MANDATORY PRE -BID CONFERENCE A MANDATORY Pre -Bid Conference will be held on the date and time specified above at Hialeah City Hall, 3rd floor, 501 Palm Avenue, Hialeah, FL 33010, in the City Council Chambers, to discuss the special conditions and requirements included in this Solicitation. Each Bidder must attend the Pre -Bid Conference. The City will reject any Bid submitted by a Person that did not attend the Pre -Bid Conference. Each potential Bidder should bring a copy of this Solicitation to the conference, because additional copies of this Solicitation will not be available. ACCEPTANCE AND REJECTION OF BIDS The City reserves its right to: reject any or all Bids, with or without cause; waive minor irregularities with regard to the Bid requirements and the Bids received; and award the City's contract to the Bidder that is deemed to be responsible, responsive, and providing the best overall value to the City. Please be advised that this Solicitation is issued subject to the requirements in the City of Hialeah's Code of Ordinances. Also note that communications with the Mayor, City Council, and City Staff are restricted, as specified in Sections 6.5 and 6.18 of this Solicitation. We look forward to your active participation in this Solicitation. Sincerely,� er Angel Ayala, Acting Purchasing Director 3 Section 1 Section 2 Section 3 Table of Contents Definitions Scope of Services 2.1 Introduction 2.2 Minimum Qualifications 2,3 Specific Requirements in Agreement 2.4 Solicitation Timetable 2.5 Mandatory Pre -Bid Conference 2.6 Bid Clarification and inquiries Special Conditions 3.1 Purpose 3.2 Method of Award 3.3 Insurance 3.4 Indemnification of City 3.5 Bid/Performance/Payment Bond 3.6 Conflicts of Interest 3.7 Bid Conditions 3.8 Vendor Registration 3.9 Review of Bids 3,10 References and Sub -Contractors 3.11 Complete Service Required 3.12 Bid Submittal/Addendums 3.13 Grounds for Rejecting Bids 3.14 Late Submissions 3.15 Bid Opening 3.16 No Warranty Concerning City Data Section 4 Bid Format 4.1 General Instructions 4.2 Copies 4.3 Submission of Bid Package 4.4 Tabbing of Sections 4.5 Section 1 — Appendices and Forms 4,6 Section 2 — Narrative Description of Qualifications 4.7 Section 3 — Contract Forms Section 5 Forms and Appendices Appendix A Bid Submittal Form Appendix B Submittal Checklist Appendix C Program Materials Revenue Form Forrn A-1 Form A-2 Form A-3 Form A-4 Form A-5 Form A-6 Form A-7 Form A-8 Form A-9 Public Entity Crimes Affidavit Non -Collusion Affidavit Insurance Requirements Insurance Check List Bidder's Acknowledgement City of Hialeah Disclosure Affidavit Assignment of Antitrust Claims Bidder's Qualifications and References Bidder's Subcontractors Section 6 Guidelines and General Information 6.1 City Overview 6.2 Definitions 6.3 Invitation 6.4 Public Entity Crime/Discriminatory Vendor List 6.5 Lobbying 5 6.6 Suspension of Contractors for Material Breach of City Contracts 6.7 Points of Contact/Timetable for Inquiries 6.8 Oral Representation 6.9 Addenda 6.10 Cancellation of the Invitation for Bid 6.11 Development Costs 6.12 Tax Exempt Status 6.13 Bid Submission and Opening 6.14 Assignment of Bids 6.15 Withdrawal of Bid 6.16 Public Records and Exemptions 6.17 Rejection of Bids 6.18 Cone of Silence/Conflict of Interest and Code of Ethics 6.19 Business Entity Registration 6.20 Sealed Bids 6.21 Execution of Bid 6.22 Payment 6.23 Legal Requirements 6.24 Bid Opening 6.25 Disputes 6.26 Patents & Royalties 6.27 OSHA 6.28 Special Conditions 6.29 Anti -Discrimination 6.30 Insurance/Permit 6.31 Bid Bonds, Performance Bonds, Certificates of insurance 6.32 Facilities 6.33 Bid Tabulations 6.34 Applicable Law and Venue 6.35 Clarification and Addenda to Bid Specifications 6.36 Award of Contract 6.37 Assignment 6.33 Laws, Permits and Regulations 6.39 Optional Contract Usage 6.40 Spot Market Purchases 6.41 Incentives/Disincentives 6.42 Non -Collusion 6,43 Florida Public Records Law 6.44 Standardized Changes Section 7 Agreement for Processing Recyclable Materials 7 SECTION 1.0 DEFINITIONS The capitalized words in this invitation to Bid ("ITB") are defined in this Section 1.0 or they are defined in the "Agreement for Processing Recyclable Materials," which is attached hereto in Section 7 of this ITB. "Agreement" means the "Agreement For Processing Recyclable Materials," including all of the exhibits and amendments hereto. "Average Market Value" or "AMV" means a market index used to determine the amount of revenue that will be paid by the Contractor to the City for the Program Materials delivered to the Designated Recycling Facility, based on the monthly values paid in the commodity market for Recyclables. The specific method for calculating the AMV is set forth in Section 6 of the Agreement. "Award" means the acceptance of a Bid, offer, or proposal by the City Council of the City of Hialeah. "Awarded Bidder" means the Bidder selected by the City to serve as the City's Contractor under the Agreement. "Bidder" means the Person, company, entity or organization submitting a Bid in response to this Invitation to Bid. "City" means, depending on the context, either (a) the geographic area contained within the municipal boundaries of the City of Hialeah, Florida or (b) the government of the City, acting through the City Council or its designees. "Designated Processing Facility" means the facility designated in the Agreement where the Contractor will Process the City's Program Materials. The Designated Processing Facility may be the same as or different than the Designated Recycling Facility. "Designated Recycling Facility" means the facility designated in the Agreement where the Contractor will receive and accept delivery of the City's Program Materials. The Designated Recycling Facility may be a materials recovery facility, a recovered materials processing facility, or a transfer station, as those terms are defined in Rule 62-701.200, Florida Administrative Code. "Program Materials" means Recyclable Materials collected by or on behalf of the City and over which the City has control. Recyclable Materials include newspapers (including inserts), corrugated cardboard, mixed paper (including brown paper bags, magazines, phonebooks, junk mail, white and colored paper, shredded paper in a bag, and paperboard), aluminum cans, plastic containers and bottles marked with SPi codes 1-7, glass bottles and jars, tin and ferrous cans, polyccated cartons, and other materials designated as Program Materials by mutual agreement of the City and Contractor. "Recyclable Materials" or "Recyclables" means those materials that are capable of being recycled and which would otherwise be Processed or disposed of as Solid Waste. "Solicitation" means this Invitation to Bid ("ITB"). 8 SECTION 2.0 SCOPE OF SERVICES 2.1 INTRODUCTION The City of Hialeah ("City") has issued this Invitation to Bid ("ITB" or "Solicitation") because the City wishes to solicit competitive bids for the Processing, marketing, and sale of the Recyclable Materials collected by the City (i.e., "Program Material"). The Bidder selected by the City (Le., "Awarded Bidder" or "Contractor") shall pay the City monthly for each Ton of Program Material that the City and/or its agents (e.g., Contract Haulers) deliver to the Bidder's Designated Recycling Facility. The scope of services is set forth in the "Agreement for Processing Recyclable Materials" ("Agreement"), which is attached hereto in Section 7 of this ITB. The Agreement contains the specific terms and conditions that will govern the Contractor's work for the City. Each Bidder shall review the Agreement carefully and then base its Bid on the assumption that the Awarded Bidder will be required to execute the Agreement, as is, without changes. The City will reject any Bid that is conditional, or subject to exceptions or qualifications, or based on alternate contractual provisions. Please note that the scope of services in this Solicitation does not include: (a) the collection of Recyclable Materials; (b) hauling Recyclable Materials from the City to the Designated Recycling Facility; or (c) any waste disposal services, except that the Contractor must arrange for the disposal of Rejects and Residue from the Contractor's Designated Processing Facility. 2.2 MINIMUM QUALIFICATIONS To be eligible to respond to this Solicitation, the Bidder must submit all documents and information necessary to demonstrate that the Bidder has the resources and experience to provide the services required by the Agreement. Any Bidder that fails to satisfy the following minimum requirements may be deemed "NON -RESPONSIVE". 2.2. t Each Bidder shall submit proof that the Bidder is a corporation or other business licensed to do business in the State of Florida and in good standing. 2.2.2 Each Bidder shall submit proof that it has experience Processing Recyclables, like the City's Program Materials, at the Designated Recycfing Facility and the Designated Processing Facility, for a community with a population equal to or greater than 100,000. 2.2.3 Each Bidder must identify the name, location, and Processing capacity of the Designated Recycling Facility where the Bidder will receive the City's Program Materials. The facility must be fully permitted, and the facility must have been in commercial operation for at least six (6) months, when the Bidder submits its Bid to the City. The Bidder must verify that there 9 are no outstanding compliance issues concerning the facility, including but not limited to, notices of violation, consent orders, building code violations, or similar matters. 2.2.4 If the Bidder wants the City to deliver its Program Recyclables to a Transfer Station, the Bidder shall identify the name, location, and capacity of the facility where the City's Program Recyclables will be Processed for marketing. 2.2.5 Each Bidder shall identify the alternate facility or facilities, if any, that the Bidder will use if the Designated Recycling Facility or Designated Processing Facility is not operational or otherwise is unable to receive the City's Recyciables. 2.2.6 Each Bidder shall provide the City with the names of and contact information for at least three (3) cities or counties that have used the Bidder's services at the Designated Recycling Facility. The Bidder also shall provide the names of and contact information for at least three (3) cities or counties that have used the Bidder's Designated Processing Facility, if the Designated Processing Facility is different than the Designated Recycling Facility. 2.2.7 Each Bidder shall provide a description of the Designated Recycling Facility and the Designated Processing Facility (if different than the Designated Recycling Facility) that will be used to satisfy the requirements in the Agreement. At a minimum, the description shall identify: (a) the types of Recyclables that are separated and marketed at the facility; (b) the daily Processing capacity of each facility (i.e., the number of Tons that can be Processed); and (c) the number of Tons of Recyclables that currently are delivered to the Facility on a daily basis. The Bidder shall verify that the designated facilities have the capacity to receive and successfully Process all of the Program Materials that will be delivered by the City, in addition to the Recyclables that are delivered to the facilities by other people. 2.2.8 Each Bidder shall identify and provide a brief description of each case filed or pending on or after January 1, 2009, where; (a) a civil, criminal, administrative, bankruptcy, or other similar proceeding was flied against the Bidder and the proceeding arose from or was related to a dispute concerning the Bidder's rights, remedies or duties under a contract for the Processing, marketing, andlor sale of Recyclable Materials; (b) administrative fines, liquidated damages, or other penalties greater than $10,000 were assessed or deducted from the Bidder's payments under a contract for the operation of a recycling facility or Processing facility in Florida; or (c) the ` Proposer was alleged to have violated an environmental law concerning the operation of a recycling facility or Processing facility in Florida, 2.2.9 Each Bidder shall provide information demonstrating its financial stability and strength. A Proposer should include copies of its most recent annual financial reports and audits. Financial reports should include a balance 10 sheet, an income statement, and a statement of cash flows. if the Proposer is a publicly traded company, a financial statement filed with the U.S. Securities and Exchange Commission will suffice. The Bidder shall demonstrate its ability to satisfy its financial commitments to the City under the Agreement. 2.2.10 Each Bidder shall provide a detailed description of the truck route that the Bidder believes should be used to determine the distance from the City centroid (Le., the approximate center of the City) to the Designated Recycling Facility. For the purposes of this Solicitation only, the City centroid shall be deemed to be located at 1201 West 49th Street, Hialeah, Florida (25.866658, -80.306840). The proposed route shall use approved truck routes and unrestricted through routes to the greatest extent practicable. Bidder's description of the route shall identify any toll roads that will be used and the cost of each toll that will be paid on each toil road. Please note that the City reserves its right to reject the Bidder's proposed route and select a different route that is better suited for truck traffic. 2.2.11 The Bidder shall provide the Bidder's estimate of the roundtrip distance from the City centroid to the Designated Recycling Facility. The distance shall be determined by using Google Maps. The roundtrip distance shall be measured in miles and rounded to the nearest one -tenth (0.1) of a mile. The City reserves its right to independently determine the distance from the City centroid to the Designated Recycling Facility. 2.3 SPECIFIC REQUIREMENTS IN AGREEMENT As noted above, the Agreement (attached hereto in Section 7) identifies the specific terms and conditions that the Bidder will be required to satisfy if the Bidder is selected by the City. Each Bidder should carefully review the Agreement before submitting a Bid. The terms and conditions contained in this ITB shall govern the City's competitive procurement process under this Solicitation. However, when the City and the Award Bidder execute the Agreement, the parties shall be governed solely by the requirements in the Agreement. 2.4 SOLICITATION TIMETABLE The following timetable should be used as a working guide for planning purposes_ The City reserves the right to adjust this timetable, as the City deems necessary, during the course of this Solicitation process. 11 Event Advertisement Date: Date July 1, 2014 Time Mandatory Pre -Bid Conference: July 18, 2014 2:00 PM Last Date for Receipt of Written Questions: June 25, 2014 2:00 PM Deadline for Submittal of Bids: August 12, 2014 11:00 AM Evaluation of Responses: August 26, 2014 City Council Contract Approval Date: September 9, 2014 Notice to proceed: October 1, 2014 2.5 MANDATORY PRE -BID CONFERENCE A MANDATORY Pre -Bid Conference ("Conference') will be held on the date and time specified in the Solicitation Timetable (Section 2.4). The Conference will be held at the City of Hialeah's City Hail, 3rd floor, 501 Palm Avenue, Hialeah, FL 33010 in the City Council Chambers. The Conference will provide the City and potential Bidders with an opportunity to discuss the special conditions and requirements included in this Solicitation. Each Bidder must attend the Conference. The City will reject any Bid submitted by a Person that did not attend the Conference. Attendees are required to sign -in at the Conference. Attendees should bring this ITB to the Conference because additional copies of the ITB will not be available. 2.6 BID CLARIFICATION AND )INQUIRIES Any questions, suggestions, or clarifications concerning this Solicitation shall be submitted in writing by mail, facsimile, or e-mail to Mr. Angel Ayala, the City's Acting Purchasing Director, at 501 Palm Avenue (4`h Floor), Hialeah, Florida 33010. Facsimile transmissions shall be directed to Mr. Ayala at (305) 883-5871; E-mails shall be directed to AAyala@Hialeahfl.gov. The City will only respond to questions and suggestions submitted to the City in writing. The ITB number and title shall be identified in all correspondence, Be sure to include the page and paragraph number of the ITB for each question to ensure that questions are responded to correctly. All questions must be received no later than the time and date specified in the Solicitation Timetable (Section 2.4). NO QUESTIONS WILL BE ACCEPTED VERBALLY OR AFTER THE DEADLINE FOR SUBMITTING WRITTEN QUESTIONS. The City's official responses to questions/clarifications will be sent to all Bidders in the form of an addendum. Bidder(s) must clearly understand that the only official answers to their questions are the ones provided by the City in a written addendum to this ITB. It is the Bidder's sole responsibility to ensure the Bidder receives all addenda. END OF SECTION 2.0 12 SECTION 3.0 SPECIAL CONDITIONS 3.1 PURPOSE The purpose of this ITB is to solicit qualifications and prices from all Persons that wish to provide the services requested in this Solicitation. This ITB provides interested Persons with general information concerning the procedures that will be used to select the Awarded Bidder (Contractor). 3.2 METHOD OF AWARD The City plans to use a two-step process when evaluating Bids. First, each Bidder's Qualification Package will be opened and evaluated to determine whether the Bidder is qualified, responsive, and responsible. Pursuant to Section 2-811 of the City's Code, a responsible Bidder "means a person who has the capacity in all respects to fully perform the contract requirements and has the integrity and reliability that will ensure good faith performance." Under the City Code, a responsive Bidder "means a person who has submitted a bid or proposal that conforms in all material respects to the invitation to bid...." The City reserves its right to take all steps it deems necessary to evaluate the Bidder's qualifications. Among other things, the City may make additional inquiries of the Bidder and any other Person, request additional information, obtain credit reports, and/or contact other local governments that have entered into contracts with the Bidder. A Bidder that does not provide the information requested by the City may be disqualified from this Solicitation, If a Bidder is deemed unqualified (Le., not responsible) or not responsive, their Cost Proposal will not be opened and their Bid shall not be considered. If the City concludes that a Bidder is qualified, responsible, and responsive, the Bidder's Cost Package will be opened and evaluated, The City plans to award its Agreement to the responsible, responsive Bidder that offers to pay the highest net revenue for the City's Program Materials. The City shall have the exclusive authority to determine how the City will calculate the net revenue for each Bid. The net revenue will be calculated by determining the annual revenue that will be paid to the City by the Bidder and then subtracting the annual cost that will be incurred by the City when the City transports its Program Materials to the Bidder's Designated Recycling Facility. Stated differently, the net revenue will be calculated by using the following formula: NR -AR -TC In this formula, NR is the net revenue AR is the annual revenue TC is the transportation cost 13 The annual revenue (AR) will be calculated by multiplying (a) the AMV of the City's Program Materials by (b) the percentage of the AMV that the Bidder proposes to pay to the City by (c) the number of Tons of Program Materials that the City estimates it wilt deliver to the Designated Recycling Facility per year. For the purposes of this Solicitation only, the AMV shall be deemed to be Eighty Four Dollars Seventy Six Cents ($84.76) per Ton, based on the results of the City's May 2014 composition study, which is discussed below. For the purposes of this Solicitation only, the City assumes that it will deliver 8 thousand (Eight) Tons of Recyclable Materials to the Designated Recycling Facility per year. The City shall use the following methodology to calculate the City's estimated transportation cost (TC) First, the City shall determine, in its sole discretion, the most appropriate truck route from the City centroid to the Bidder's Designated Recycling Facility. The route shall follow approved truck routes and through routes to the greatest extent deemed practicable by the City. Second, the City shall determine the roundtrip distance from the City centroid to the Designated Recycling Facility, following the route selected by the City. The roundtrip distance shall be measured in miles, rounded to the nearest one -tenth of a mile (0.1), using Google Maps. For the purposes of this Solicitation only, the approximate location of the City centroid shall be deemed to be 1201 West 49th Street, Hialeah, Florida (25.866658, -80.306840). Third, the roundtrip distance to the Designated Recycling Facility will be multiplied by (a) the number of roundtrips the City will make each year to deliver the City's Program Materials to the Designated Recycling Facility and (b) the cost that the City will incur for each mile that the City must transport its Program Materials. For the purposes of this Solicitation only, the City estimates that it will make 882 (Eight Hundred Eighty Two) roundtrips to deliver the City's Program Materials to the Designated Recycling Facility each year. The City also estimates that it will spend Twelve Dollars and Twenty Five Cents ($12.25) per ton to transport its Program Materials to the Designated Recycling Facility. In May 2014, the City conducted a composition study concerning the City's Program Materials. The composition study identified the different components in the City's Program Materials (e.g., newspaper, mixed paper, aluminum cans, etc.), and it identified the percentage of the Program Materials that are comprised of each of the different types of Recyclable Materials. The results of the composition study are presented in Exhibit 2 (Initial Composition of Program Materials and Calculation of Average Market Value), which is attached to the Agreement, and in the table below. The study indicates that the AMV of the City's Program Materials is Eighty -Four Dollars and Seventy -Six Cents ($84.76) per Ton, based on the values reported in RecyclingMarkets.net in April 2014. 14 INITIAL COMPOSITION OF PROGRAM MATERIALS AND CALCULATION OF AVERAGE MARKET VALUE --- " `.„=„am--.1-_:, . ce_ v��_. -a---.L.- ..--,..----'5- - = €w ---u.. ....1y-`ti t_-'d,-.'7 = ... s' ^� r y ram„ {4�.:'.; z`�' 4 y .�. -- ..�' 9`sue-a....-- Newspaper PS 8 baled, F.O.B. seller's dock $ 70.00 $ 70.00 7.6% $5.32 Corrugated containers PS II baled, F.O.B. seller's dock $ 120.00 $ 120.00 10.8% $12,96 Mixed paper PS I baled, F.O.B. seller's dock $ 52.50 $ 52.50 12.3% $6.46 Steel cans $/Ton, sorted, baled and delivered $ 115.00 $ 115.00 3.6% $4.14 Aluminum cans Cents/lb, sorted, baled and delivered $ 74.50 $1,490.00 0.5% $7.45 Plastics #3-7 Commingled (7t3-7, cents/lb, baled and picked up) $ 1.25 $ 25.00 2.8% $0.70 PET Cents/lb, baled and picked up $ 20.75 $ 415.00 3.9% $16.19 Natural HOPE Cents/lb, baled and picked up $ 42.00 $ 340.00 2.3% $19.32 Colored HOPE Cents/lb, baled and picked up $ 31.50 $ 630.00 2.3% $14.49 Glass (3 Mix) $/Ton, delivered $ (10.00) $ (10.1:10) 22.6% ($2.26) Polycoated Cartons None at thls time - - 0.4% $0.00 Contamination N/A - 30.9% $0.00 Total: 100% t--- t &4 Note: The index values for April 2014 are used for estimation) purposes only, and are subject to fluctuation as determined by Secondary Fibers and Material Pricing found on RecyclingMarkets.net. Prices to be used are the first published Regional Average prices for the Southeast USA in the month for which payment is being made. No market index currently exists for polycoated cartons in RecyclingMarkets.net; therefore, the value is set at zero ($0.00). When a market index for polycoated cartons or aseptic containers becomes available on RecyclingMarkets.net, it will be utilized. 3.3 INSURANCE Each Bidder must provide proof of its ability to obtain insurance complying with the requirements specified in Section 11 of the Agreement. At a minimum, each Proposer shall execute Form A-4 (Insurance Check List) and submit an "Information Only Accord Certificate" demonstrating the Bidder's ability to obtain the required level of insurance. Certificates of insurance complying with the requirements in the Agreement do not need to be submitted with the Bid; however, certificates of insurance will be required before the City executes the Agreement with the Awarded Bidder. The Awarded Bidder must submit, prior to signing the Agreement, Certificates of Insurance naming the City of Hialeah as an additional insured for the Commercial General Liability and Automobile Liability insurance required by the Agreement. 15 The Awarded Bidder shall ensure that all required insurance coverage remains current and in effect throughout the term of the Agreement. All insurers must be lawfully admitted to conduct business within the State of Florida and they must satisfy the criteria in Section 11 of the Agreement. Required insurance coverage must be approved by the City's Risk Management officer before the City executes the Agreement with the Awarded Bidder. Coverage limits shall equal or exceed the amount(s) required by the Agreement and shall not be reduced for claims made for other projects undertaken by the Awarded Bidder. 3.4 INDEMNIFICATION OF CITY The Contractor shall indemnify the City in compliance with Section 12 of the Agreement. 3.5 BID/PERFORMANCE/PAYMENT BOND A Bid Bond is not required under this Solicitation. The requirements for the Performance Bond ($50,000) are contained in Section 10 of the Agreement. 3.6 CONFLICTS OF INTEREST The City's conflict of interest guidelines are contained in Article IV of the City Code, as amended, and the guidelines shall apply to any Bid submitted in response to this Solicitation. Each Bidder, City employee, and Council member also must comply with conflict of interest and other requirements set forth in Section 2-11.1 (Conflict of Interest and Code of Ethics Ordinance) of the Miami -Dade County Code of Ordinances. Bidders should be aware that, if awarded a contract, no person under the City's employ who presently exercises any functions or responsibilities on behalf of the City in connection with this Bid may have any personal financial interest, directly or indirectly, with any contractor or vendor providing professional services on work assigned to the Bidder, except as fully disclosed and approved by the City. The Bidder shall further be aware that no person having such an interest shall be employed by the Bidder to work on this project. 3.7 BID CONDITIONS 3.7.1 THE Crry's RIGHTS In its sole and absolute discretion, the City may: reject any or all Bids; re - advertise this ITB; postpone or cancel this ITB process at any time; or waive any minor irregularities in this ITB or in any Bid received by the City. The City shall have the sole and absolute discretion to determine: the criteria and processes by which Bids will be evaluated; the manner and extent to which the City will investigate a Bidder's qualifications; whether a Bidder is qualified; whether a Bid is responsive to this ITB; the net economic value to the City of any Bid; whether a Bidder will be awarded 16 the Agreement; and whether any award will be made as a result of this ITB. In no event will any successful challenger of these determinations or decisions be automatically entitled to an Award of the Agreement. The submittal of a Bid shall constitute an offer by the Bidder to provide the services described in this ITB, subject to and in compliance with the requirements in the Agreement. 3.7.2 RULES, REGULATIONS, AND REQUIREMENTS Each Bidder shall comply with all Applicable Law, including but not limited to all local, state, and federal laws, ordinances, and regulations applicable to this ITB and the services required in the Agreement. 3.7.3 CHANGE OF BID Any Bidder that wishes to change his/her laid must do so in writing prior to the deadline for submitting Bids. Any request for changes to a Bid must be delivered to the City prior to the deadline for submitting Bids_ The Bidder's name, the title of this Solicitation, and this Solicitation number shall appear on the document requesting a change to the Bid. 3.7.4 WITHDRAWAL OF BID A Bid may be withdrawn prior to the deadline for submitting Bids to the City under this ITB. Any Bid that is not withdrawn in time shall constitute an irrevocable offer to provide the services requested herein. The offer shall remain in effect for the period of one hundred eighty (180) days after the deadline for submitting the Bid. 3.7.5 CONTRACT AWARD If the City decides to award its work to a Bidder, the Bidder shall be required to sign the Agreement that is attached to this Solicitation within thirty (30) days after the City awards the work. 3.8 VENDOR REGISTRATION The Awarded Bidder shall register with the City as a vendor and shall remain registered with the City throughout the term of the Agreement. By submitting a Bid in response to this Solicitation, the Bidder confirms that it is knowledgeable about and will comply with the City's procurement procedures and the City's Code of Ordinances. 3.9 REVIEW OF BIDS The City will not grant any request for copies of the Bids and will not allow anyone to review the Bids until thirty (30) days after the Bids are received by the City or the City announces it will Award the work to an Awarded Bidder. 3.10 REFERENCES AND SUB -CONTRACTORS Pursuant to Section 2.2, above, each Bid must be accompanied by a list of three (3) references who will confirm that the Bidder has performed similar work for 17 other communities. Each Bid shall include the name of the reference community, the name of a contact person in the reference community, and the telephone number for the contact person. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. It is the responsibility of the Bidder to confirm that the contact person will be responsive to the City's inquires. The Bidder's references should be identified in Form A-8 ("Bidder's Qualifications and References"), which is attached to this ITB. Each Bidder also shall complete Form A-9 ("Bidder's Subcontractors") and submit the form in the Bidder's Qualification Package. 3.11 COMPLETE SERVICES REQUIRED The Agreement describes the services required by the City. However, the City's failure to specifically list any item of work in the Agreement shall not relieve the Awarded Bidder (Contractor) of its responsibility to furnish all of the services and perform all of the work required to complete all of the tasks identified in the Agreement, 3.12 BID SUBMITTALfADDENDUMS • Each Bid submitted to the City shall include all of the completed Bid forms and all of the required information, as indicated on the Bid forms. Bids will be considered 'Non -Responsive" if the required information is not submitted with the Bid package. Before submitting a Bid, each Bidder shall make all investigations and examinations necessary to determine whether any addenda to this 1TB were issued by the Purchasing Department. 3.13 GROUNDS FOR REJECTING BIDS Bids found to be non -responsive shall not be considered. A Bid may be found to be non -responsive because, among other things, the Bidder: failed to utilize or complete the required forms; failed to provide additional information requested by the City; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; or provided improper or undated signatures. The City's grounds for rejecting Bids include, but are not limited to, evidence of: collusion among Bidders; a lack of experience, expertise, or other qualifications to perform the required work; a submission of more than one Bid by any Person under the same or different names; the failure to perform satisfactorily or meet financial obligations on previous contracts; the employment of unauthorized aliens in violation of Section 274(A)(e) of the Immigration and Naturalization Act; the listing of a Bidder on the U.S. Comptroller General's List of Ineligible Companies for Federally Financed or Assisted Projects; or the listing of a Bidder on Miami -Dade County's Debarred Contractor's List. In addition, Bids will be rejected if the Bids are not delivered to the City's Purchasing Department on or before the date and time specified for the submittal of the Bid. 3.14 LATE SUBMISSIONS 18 The City will not accept Bids received after the deadline designated in Section 2.4 of this ITB. The City encourages the early submittal of Bids. 3.15 BID OPENING In this Solicitation, the award of the Agreement shall be based solely on the economic benefits (i.e., net revenue) provided to the City by a qualified (i.e., responsible), responsive Bidder, as described in Section 3.2, above. Properly received Bids will be announced at the Bid opening. The Program Materials Revenue Forms submitted by qualified Bidders will be read aloud after the City determines whether each Bidder is qualified. Bids will be read in the Council Chambers, which is located on the 3`d floor of City Hail, 501 Palm Avenue, Hialeah, FL 33010. A list of Bidders shall be available from the City Clerk's Office within 24 hours of the Bid opening. 3.16 No WARRANTY CONCERNING CITY DATA The data contained in this ITB, and any data that may be provided by an employee or agent of the City, are presented to the Bidders as a convenience only. The City makes no warranty or guarantee concerning the accuracy of any data or information set forth in this ITB or any other document. Bidders shall make no claim against the City because of any such data that proves to be erroneous in any respect. Each Bidder shall have sole responsibility for determining all of the relevant facts that may affect its Bid. END OF SECTION 3.0 19 SECTION 4.0 BID FORMAT IT IS THE RESPONSIBILITY OF THE BIDDER TO ENSURE THAT THE BID BEING SUBMITTED IS COMPLETE AND ADDRESSES ALL OF THE REQUIREMENTS SET FORTH IN THIS ITB. PLEASE READ THE ENTIRE SOLICITATION CAREFULLY BEFORE SUBMITTING A BID. 4.1 GENERAL INSTRUCTIONS Bidders should carefully follow the format and instructions outlined in this Section 4, observing format requirements where indicated. All materials (except for plans and schematics, if any) are to be submitted on 8 112" X 11" paper, paginated and separated by tabs to identify each required section. Each Bid shall be neatly typed and double -sided on recycled paper, with normal margins and spacing_ All documents and information must be fully completed and signed as required. Please be concise in all responses. If any category is NOT APPLICABLE, expressly state that it is not applicable. Bids that do not include the required documents may be deemed NON -RESPONSIVE and may not be considered for evaluation. 4.2 COPIES Please submit an original Bid and clearly mark the "Original" as such. Five (5) complete paper copies of the original Bid also must be submitted with the original Bid. In addition, one complete copy of the original signed Bid must be submitted to the City in an electronic (digital) format, in an Adobe (pdf) file, on a compact disk (CD), DVD, or USB Flash Drive. The CD, DVD, or USB Flash Drive must be clearly labeled with the Bidder's name, the Solicitation number, and the Solicitation title. If any one of the copies is incomplete, the Bid may be deemed non -responsive. 4.3 SUBMISSION OF BID PACKAGE Each Bid shall be submitted in two (2) separate sealed envelopes or other secure packaging; one (1) sealed envelope shall be labeled the "Qualification Package" and the other sealed envelope shall be labeled the 'Cost Package." The original and the copies of the Qualification Package may be submitted in one envelope or package. The original and the copies of the Cost Package also may be submitted in one envelope, but not in the envelope containing the Qualification Package. The outside of each sealed envelope or package must clearly indicate the name and number of this Solicitation (Le., Recyclable Materials Processing Services; ITB No. 2013-14-9500-00-011); the Bidder's name and address; and the name and telephone number of the Bidder's contact Person. Each envelope shall be marked as either the Qualification Package or the Cost Package. All of the 20 forms, appendices, and other information provided by the Bidder shall be placed in the Qualification Package, except for the Program Materials Revenue Form (Appendix C), which shall be placed in the Cost Package. Bids shall be delivered no later than the time and date specified in the Solicitation Timetable (Section 2.4). After the deadline for submitting Bids, the Qualification Packages will be opened and read in the Council Chambers by a member of the Purchasing Department. BIDS RECEIVED AFTER THE DEADLINE SPECIFIED IN THE SOLICITATION TIMETABLE WILL NOT BE CONSIDERED AND NO TIME EXTENSIONS WILL BE PERMITTED Each Bid must be delivered to the City of Hialeah, Office of the City Clerk, 3`d floor, 501 Palm Avenue, Hialeah, FL 33010. 4.4 TABBING OF SECTIONS Each section of the Bid shall be separated by a physical tab/divider to insure that necessary documents are not overlooked. You may label each tab as 1, 2, 3, etc. If a tab section does not apply to you, you should put "Not Applicable" on the tab divider page or on a sheet of paper. 4.5 SECTION 1 APPENDICES AND FORMS Each Bidder shall submit the three forms described below. Responses should correspond to each particular section and subsection of the Solicitation and should be labeled accordingly. 4.5.1 BID SUBMITTAL FORM (APPENDIX A) The Bid Submittal Form shall be submitted as part of the Qualification Package. The Bid Submittal Form must be completely and neatly filled -in. 4.5.2 SUBMITTAL CHECKLIST (APPENDIX B) The Submittal Checklist shall be submitted in the Qualification Package as part of the Bid. The checklist is provided merely for the convenience of the Bidder and shall not be relied upon by the Bidder in lieu of the instructions or requirements contained in this Solicitation. 4.5.3PROGRAM MATERIALS REVENUE FORM (APPENDIX C) A Program Materials Revenue Form shalt be executed and submitted in the Bidder's Cost Package. In the Program Materials Revenue Form, the Bidder shall identify the percentage of the Average Market Value (AMV), less a fee of Fifty Dollars ($50.00) per Ton, that the Bidder will pay to the City for each Ton of Program Materials delivered to the Bidder's Designated Recycling Facility by or on behalf of the City, 4.6 SECTION 2 NARRATIVE DESCRIPTION OF QUALIFICATIONS 21 The Bidder must demonstrate that it meets the minimum qualification requirements set forth in Section 2, above. All of the Bidder's information concerning qualifications shall be submitted in the Qualifications Package, 4.7 SECTION 3 CONTRACT FORMS All of the City's standard contract forms must be completed (with all blanks filled in), executed, and properly notarized. The following forms must be submitted in the following order: Vendor Registration (if not registered) Form A-1 Form A-2 Form A-3 Form A-4 Form A-5 Form A-6 Form A-7 Form A-8 Form A-9 Public Entity Crimes Affidavit Non -Collusion Affidavit Insurance Requirement Insurance Check List Bidder's Acknowledgement (attach copies of addendum, if any) City of Hialeah Disclosure Affidavit Assignment of Antitrust Claims Bidder's Qualifications and References Bidder's Subcontractors Please include all applicable forms with your Bid documents. Each form must be filled in completely, signed and notarized. E-mailed forms will NOT be accepted. With regard to "Form A-5 Acknowledgement of Addenda", it is the responsibility of the Bidder to check for and obtain all addenda to this ITB. END OF SECTION 4.0 22 SECTION 5.0 FORMS AND APPENDICES Forms & Appendices 23 A7 or PAS Appendix A BID SUBMITTAL FORM: RECYCLABLE MATERIALS PROCESSING SERVICES ITB No.: 2013-14-9500-00-011 FEIN NO.: / - 1 1 1 1 1 1 (Bidder's Federal Employer Identification Number) If none, Bidder's Social Security Number The undersigned Bidder certifies that this bid is submitted in accordance with the bid specifications and conditions governing this bid, and that the Bidder will accept any award(s) made to him as a result of this bid. FIRM NAME: STREET ADDRESS: CITY/STATE/ZIP CODE: TELEPHONE NO.: E-MAIL: FAX NO.: By signing this document the Bidder agrees to all of the terms and conditions of this Solicitation and the Agreement that is attached hereto in Section 7 of this fTB. AUTHORIZED SIGNATURE Date PERSON AUTHORIZED TO ENTER INTO CONTRACTUAL AGREEMENT PRINT NAME OF BIDDER'S REPRESENTATIVE TITLE OF BIDDER'SREPRESENTATIVE THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NON -RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. 24 Appendix B SUBMITTAL CHECKLIST RECYCLABLE MATERIALS PROCESSING SERVICES 1TB No.; 2013-14-9500-00-011 This checklist is provided for Bidder's convenience only. It identifies the sections of this submittal document that must be completed and submitted with each response. Any Bid that fails to include one or more of these sections may be rejected as being non -responsive. Please be advised that this checklist may not necessarily include all of the requirements listed in this Solicitation. This checklist sets guidelines for consideration, and may be added to as the need arises. Bidder's Name: Tab/Page No, Section One 1 Appendix A: Bid Submittal Form QFF]GE USE ONLY Appendix B: Submittal Checklist Cost Package Tab/Page No. TablPage No. Appendix C: Program Materials Revenue Form Section Two (2) Narrative Description Documents Section Three (3) A-1 Public Entity Crimes Affidavit � s� 4 OFFICE USE ONLY OFFICE Uk ONLY A-2 Non- Collusion Affidavit �" A_3 Insurance Requirement ,. ,, 5j,. A-4 Insurance Check List "u A-5 Bidder's Acknowledgement A-6 City of Hialeah Disclosure Affidavit A-7 Assignment of Antitrust Claims _- A-8 Bidder's Qualifications References and A-9 Bidder's Subcontractors FOR'` PURCHASING OFFICE USE ONLY Responsive f 1 Non -Responsive Other: Comment: 25 Appendix C PROGRAM MATERIALS REVENUE FORM RECYCLABLE MATERIALS PROCESSING SERVICES ITB No.: 2013-14-9500.00-011 The Contractor's payments to the City shall be calculated in the manner described in Section 6 of the Agreement for Processing Recyclable Materials ("Agreement"), which is attached to the City's ITB. In the space provided below, the Bidder shall write the percentage of Average Market Value (minus the Contractor's service fee) that the Bidder will pay to the City for each Ton of Program Materials delivered to the Bidder's Designated Recycling Facility by the City or its Contract Haulers: percent of AMV [write the number in words] 9/0 of AMV [write the number] A. By signing and submitting this document, the Bidder: (1) acknowledges that he/she/it has carefully reviewed the terms, conditions, and requirements contained in this Solicitation, including the Agreement; and (2) if selected by the City, the Bidder will promptly execute the Agreement, as is, without change, and will comply with the requirements in the Agreement. B. The Bidder agrees that, after the City's Program Materials are delivered to the Bidder's facility, any and all costs associated with Processing, marketing, and transporting the Program Materials (including but not limited to the costs for the transportation and disposal of Rejects and Residue) shall be paid by the Bidder, except when the Agreement explicitly provides otherwise. C. The Bidder acknowledges that the capitalized words in this form are defined in the Agreement and shall have the meaning set forth therein. D. By signing and submitting this document, 1 hereby certify that I am authorized to act on behalf of the Person (Le., individual, partnership, corporation, association, or other entity) submitting this Bid and that all statements made in this Bid are true and correct. The Bidder agrees to hold this offer open for a period of one hundred and eighty (180) days from the deadline for the delivery of Bids. If the Bidder is selected as the top -ranked Bidder, the Bidder agrees to hold this offer open for such further period as is necessary for obtaining a final award and executing the Agreement. 26 Name of Bidder (Please Print) Name of Bidder's Agent (Please Print) Title: Signature of Bidder's Agent Date: WITNESSES Witness Name (Please Print) Witness Signature Witness Name (Please Print) Witness Signature Form A-1 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to the City of Hialeah, Florida, by For (print individual's name and title) (print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: . •) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287,133(I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crirne in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.I33 (1) (e) Florida Statutes, means any natural person or entity organized under the Iaws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business 28 with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity, b. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before an Administrative Law Judge of the State of Florida, Division of Administration Hearings and the Final Order entered by the Administrative Law Judge determined that it was not in the public interest to place the person or entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (signature) Swam to and subscribed before me this day of , 2014. Personally known OR Produced Identification Notary Public - State of (Type of identification) (Printed typed or stamped commissioned name of notary public) 29 Form A-2 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) deposes and says that: , being first duly sworn, (1) He is ftitlelof [name of entity], the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: (3) Such Bid is genuine and is not a collusive or share Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person, or to fix any overhead, profit or cost element of the Bid price or the Bid price any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Hialeah (Local Public Agency) or any person interested in the proposed Contract; and The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Name) Subscribed and sworn to before me (Title) This day of , 200 Title (Title) My commission expires 30 Forth A-3 INSURANCE REQUIREMENTS See Insurance Check List for applicability to this contract. The Contractor shall be responsible for its work and every part thereof, including all materials, tools, appliances and property of every description used in connection therewith. The Contractor shall specifically and distinctly assume all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property, wherever located, resulting from any action or inaction of the Contractor under the Agreement for Processing Recyclable Materials (Agreement) or in connection with the work. The Contractor shall, during the work under this Agreement, including extra work in connection therewith: Maintain Worker's Compensation and Employer's Liability Insurance covering all employees including any and all leased employees, to meet the statutory requirements of the State of Florida, to protect themselves from any liability or damage which may arise by virtue of any statute or law in force or which may hereafter be enacted. Maintain General Liability Insurance in amounts prescribed by the City to protect the Contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the Agreement or in connection with the work. Maintain Automobile Liability Insurance, including Property Damage, covering all used or operated automobiles and equipment used in connection with the work. When naming the City of Hialeah as an additional insured onto the Contractor's policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. An endorsement to the policy(ies) shall be issued accordingly and the certificate will state the above. The insurance coverage shall extend to and include the contractual indemnity and hold harmless language contained in the Agreement. Original, signed certified Insurance Certificates evidencing such insurance and such endorsements as prescribed herein shall be filed by the Contractor, before the work is started, with the City of Hialeah. The certificate must state the Solicitation Number and Title. Products and Completed Operations Liability shall be provided, as stated in the Insurance Check List. The Contractor will secure and maintain policies for subcontractors. All policies shall be made available to the City upon demand. The Contractor shall take note of the indemnification contained in the Agreement and shall obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Hialeah under the Agreement from any and all claims arising out of the Contractor's operations. Further, the Contractor will notify its insurance agent without delay of the existence of the indemnification requirement contained within the Agreement, and famish a copy of the Agreement to the insurance agent. The City shall be named as additional insured on the Automobile and General Liability policy(ies) with proof to be stated on the Certificates provided to the City and this coverage to be primary to all other coverage the City possesses. 31 SUPERVISION Contractual and any other Liability Insurance provided under the Agreement shall not contain a supervision, inspection, engineering services exclusion that would preclude the City from supervising and/or inspecting the Contractor's work. The Contractor shall assume all on-the-job responsibility as to the control of Persons directly employed by the Contractor and/or the subcontractor and Persons employed by the subcontractor. CONTRACTS Nothing contained in the Solicitation or Agreement shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractors and of persons employed by them, as the Contractor is for acts and omissions of Persons directly employed by the Contractor_ PROTECTION Precautions shall be exercised at all times for the protection of Persons, including employees, and property. All existing structures, utilities, roads, services, trees, shrubbery, etc., shall be protected against damage or interrupted service at all times by the Contractor during the term of the Agreement. The Contractor shall be held responsible for any damage to any Person or property occurring by reason of the Contractor's operation under the Agreement. CROSS LIABILITY It is understood and agreed that the inclusion of more than one insured under the Contractor's policy shall not restrict the coverage provided by the policy for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insurers hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair for such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. CERTIFICATE OF INSURANCE THE CITY TO BE ENDORSED ONTO THE POLICY AS AN ADDITIONAL INSURED THUS PROVIDING THE CANCELLATION NOTIFICATION PROVISIONS TO THE CITY AS FOUND IN THE POLICY. OUT-OF-STATE NON-RESIDENT AGENT When a certificate is issued by an out-of-state non-resident agent with a "920" License, the name, address and telephone number of the Florida Resident Agent must be listed in the space provided on the checklist and on the Certificate of Insurance provided. SMALL DEDUCTIBLE POLICIES All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured. These safeguards shall be in form of escrow accounts or other method established by the Risk Manager to safeguard to the City's interests and those interests of any claimants under the contractor's policies. 32 INSURANCE Form A-4 INSURANCE CHECK LIST Recyclable Materials Processing Services ITB No. 2013-14-9500-00-011 LIMITS X 1. WORKER'S COMPENSATION AND AS PROVIDED IN AGREEMENT EMPLOYEES LIABILITY ON ALL EMPLOYEES DIRECTLY EMPLOYED OR LEASED X 2. COMMERCIAL GENERAL LIABILITY INCLUDING PREMISES OPERATIONS AND COMPLETED OPERATIONS; INDEPENDENT CONTRACTOR AND PERSONAL INJURY INCLUDED. X 3. BROAD FORM PROPERTY DAMAGE ENDORSEMENT 4. CONTRACTUAL INDEMNITY/HOLD HARMLESS ENDORSEMENT EXACTLY AS WRITTEN IN "INSURANCE REQUIRE- MENTS" OF SPECIFICATIONS AND SECTION 11 OF THE AGREEMENT 5. AUTOMOBILE LIABILITY ON ALL OWNED/NON-OWNED/HIRED AUTOMOBILES INCLUDED BODILY INJURY/PROPERTY DAMAGE AS PROVIDED IN AGREEMENT AS PROVIDED IN AGREEMENT AS PROVIDED IN AGREEMENT AS PROVIDED IN AGREEMENT X 6. UMBRELLA LIABILITY AS PROVIDED IN AGREEMENT 7. GARAGE LIABILITY $100/300,000 $50,000 EACH OCCURRENCE S. GARAGE KEEPER'S LEGAL LIABILITY $50,000 EACH OCCURRENCE X 9. THE CITY MUST BE NAMED AS ADDITIONAL INSURED ON THE INSURANCE CERTIFICATE AND THE FOLLOWING MUST ALSO BE STATED ON THE CERTIFICATE, "THESE COVERAGES ARE PRIMARY AND NON CONTRIBUTORY TO ALL OTHER COVERAGES THE CITY POSSESSES FOR THIS CONTRACT ONLY." 10. TEACHERS PROFESSIONAL $100/300.000 $50,000 LIABILITY EACH OCCURRENCE 11. DRAM SHOP EXCLUSION DELETED AND LIQUOR LIABILITY WILL BE PROVIDED 12. CROSS LIABILITY OR SEVERABILITY OF INTERESTS CLAUSE ENDORSEMENT 33 13. XCU PROPERTY DAMAGE EXCLUSION DELETED AND THIS COVERAGE WILL BE PROVIDED 14. FIRE LEGAL LIABILITY 15. OTHER INSURANCE AS INDICATED BELOW: Builders Risk Complete Value Policy X 16. THIRTY (30) DAYS CANCELLATION NOTICE REQUIRED X 17, BEST'S GUIDE RATING: A:X OR BEI1"ER X 18, THE CERTIFICATE MUST STATE THE BID NUMBER AND TITLE X I9. "WHEN USING THE "ACCORD" FORM OF INSURANCE CERTIFICATE, THE POLICY MUST BE SPECIFICALLY ENDORSED TO INCLUDE AND NAME THE CITY AS AN ADDITIONAL INSURED WITH THE CARRIER PROVIDING NOTIFICATION TO THE CITY IN ADVANCE OF A CANCELLATION." BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of this Solicitation and we recognize that evidence of insurability may be required within five (5) days after Bids are opened. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent Signature of Florida Resident Agent Agent's Errors and Omissions Policy: Name and Location of Agency Policy Company; Expiration Date; Amount of Coverage; Policy Number 34 Form A-5 SUBMIT BIDS TO: CITY OF HIALEAH OFFICE OF THE CITY CLERK 501 PALM AVENUE, 3" Floor CITY OF HIALEAH INVITATION TO BID Bidder Acknowledgment HIALEAH FL 33010 Page 1 of 3 Telephone Number (305) 883-5857 Mailing Date ,June 30, 2014 Bid No. 2013-14--9500-40-011 Bid may not be withdrawn within I80 DAYS after the bid opening. August 12, 2014 Bid Title Recyclable Materials Processing Services All awards made as a result of this bid shall conform to applicable Florida Statutes and City of Hialeah Charter and Ordinances Reason for "no bid" NAME OF VENDOR AREA CODE TELEPHONE NUMBER MAILING ADDRESS BUSINESS ADDRESS CITY — STATE— ZIP CODE I certify that this bid is made without prior understanding agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and with -out collusion or fraud. I ngrec to abide by ail conditions of this bid and the Agreement. 1 certify that I am authorized to sign this bid for the bidder. AUTHORIZED SIGNATURE (MANUAL) AUTHORIZED SIGNATURE ("TYPED) TITLE GENERAL CONDITIONS SEALED BIDS: This form must be executed and submitted in a sealed envelope with the Bidder's Qualification Package. Bids not submitted with this bid form may be rejected. 1. EXECUTION OF BID: Each Bid must contain a manual signature of the Bidder's authorized representative in the space provided above. 2. NO BID, If not submitting a bid, respond by returning this form, marking it "No Bid", and explain the reason in the space provided above. Repeated failure to quote, without sufficient justification, shall be cause for removal of the supplier's name from the hid mailing list. Note: To qualify as a respondent, bidder must submit a "No Bid" and it must be received no later than the stated bid opening date and hour. 3. BID OPENING: Shall be at a public opening commencing at the time and date specified in the Solicitation. It is the Bidder's responsibility to assure that its bid is delivered at the proper time and place of the bid opening. Bids which for any reason are not so delivered will not be considered. Offers by telegram or telephone are not acceptable. 35 4. PROOF OF CAPABILITY: The Bidder may be required before the award of any contract, to show to the complete satisfaction of the City Council that it has the necessary facilities, ability and financial resources to perform the bid requirements in compliance with the Agreement. 5. PATENTS AND ROYALTIES: The Bidder, without exception, shall indemnify and save harmless the City of Hialeah and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process or article manufactured or used in the performance of the contract, including its use by the City of Hialeah, Florida. If the Bidder uses any design, device, or materials covered by letter, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials, in any way involved in the work. 6. RATE OF WAGES: When applicable, the rate of wages for work covered by a public contract for those employed by any contractor or subcontractor shall not be less that the prevailing rate of wages for similar skills or classifications or work in the City of Hialeah. The Division of Labor and Employment Opportunities, Tallahassee, Florida, will furnish the prevailing wage rates in the City of Hialeah, upon request. 7. PRICES TERMS AND PAYMENT: Firm prices shall be quoted; the prices shall be typed or printed in ink and shall include all charges, unless otherwise explicitly stipulated in the Agreement. (a) (b) (c) TAXES: A Bidder shall include all applicable taxes in its bid or proposal. A Bidder will not be excused from payment of state sales or transportation taxes or other applicable taxes. A Bidder shall not base a bid price on an assumption that that the City will utilize its tax exemption to purchase or order materials, equipment, etc. Any tax liability or tax payment resulting from any determination or interpretation of any law, rule, regulation or opinion is the sole responsibility of the Bidder. DISCOUNTS: Bidders may offer a cash discount for prompt payment: however, such discounts shall not be considered in determining the highest net price for bid evaluation purposes. Bidders are encouraged to reflect cash discounts in the prices quoted. MISTAKES: Bidders are expected to examine the Agreement, specifications, delivery schedule, bid prices, and all instructions pertaining to supplies and/or services. Failure to do so will be at Bidder's risk. (d) SAFETY STANDARDS: All of Bidder's activities under the Agreement shall comply with the applicable requirements of the Occupational Safety and Health Act and any standards thereunder. 8. AWARDS: As the best interest of the City may require, the City reserves its right to make award(s), or reject any and all bids, or waive any minor informality or technicality in bids received 9. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Each Bidder may submit with his proposal, descriptive literature and/or complete specifications covering the Bidder's facilities and equipment. 10. INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed to the City, as provided in the Solicitation. Inquiries must reference the date of bid opening and title. Failure to comply with this condition will result in Bidder waiving his right to dispute the bid specifications. 36 11. PRICE ADJUSTMENTS: Any price decrease effectuated during the contract period either by reason of market change or on the part of the Contractor to other customers shall be passed on to the City of Hialeah. 12. ADVERTISING: In submitting a proposal, Bidder agrees not to use the results therefrom as a part of any commercial advertising. 13. LIABILITY: The Bidder shall hold and save the City of Hialeah, its officers, agents, and employees harmless from liability of any kind in the performance of the Agreement. 14. EQUAL EMPLOYMENT OPPORTUNITY: The City of Hialeah endorses Equal Employment and incorporates the non-discrimination clause in this Invitation to Bid. is. SPECIFICATION SILENCE: Apparent silence on the specifications as to any details, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning only the best commercial practices will prevail and that only materials and workmanship of first quality are to be provided. All interpretations of the Specifications shall be made upon this statement. NOTE: THIS BID CONSTITUTES AN OFFER FROM THE BIDDER. IF ANY OR ALL PARTS OF THE BID ARE ACCEPTED BY THE CTTY OF HIALEAH, AN AUTHORIZED REPRESENTATIVE OF THE CITY SHALL AFFIX HIS/HER SIGNATURE TO THE AGREEMENT, 'WHICH SHALL THEN CONSTITUTE THE WRITTEN AGREEMENT BETWEEN THE PARTIES. THE CITY HEREBY RELIES UPON ANY REPRESENTATIONS BY THE BIDDER AS ARE CONTAINED HEREIN. 37 Form A-6 PURCHASING DIVISION CITY OF HIALEAHI DISCLOSURE AFFIDAVIT I being first duly sworn, state: The full legal name and business address* of the Person or entity contracting or transacting business with the City of Hialeah are: Phone Number: Fax Number: If the contract or business transaction is with a corporation, the full legal name and business address* shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a partnership, the full legal name and business address* shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address* shall be provided for each trustee and each beneficiary. All such names and addresses are: The full legal names and business addresses* of every other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable, beneficial or otherwise) in the contract or business transaction with the City of Hialeah are: Bidder's Tax ID Number (F.E.JI.N) or Social Security Number: PROOF OF CORPORATE STATUS Please provide proof of corporate status. Each corporate Bidder must demonstrate it is an active corporation in good standing in the State of Florida or any other State. If incorporated in a State other than Florida, then please provide proof that the corporation is registered to do business in the State of Florida in addition to proof of active corporate status. If incorporated in Florida, a computer print-out from the Department of State will be sufficient proof of corporate status. Proof of good standing also is required for all partnerships, limited partnerships, joint -ventures, etc. LEGAL SIGNATURE OF AFFIANT Sworn to and subscribed before me tliis Notary Public - State of My Commission Expires; (Print or Type Legal Name of Affiant) day of Print/Type and Stamp commissioned name of Notary Public NOTARY SEAL Personally known _ or Produced Identification Type of Identification Produced **Post office box addresses are not acceptable. 38 Form A-7 ASSIGNMENT OF ANTITRUST CLAIMS For, and in recognition of, good and valuable consideration„ receipt of which is hereby acknowledged, acting herein by and through Company Name Individual Name its and duly authorized agent, Title of Individual's Position hereby conveys, sells, assigns and transfers to the City of Hialeah, Florida, all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing, relating to the particular goods or services purchased or acquired by the City of Hialeah, Florida pursuant to the City's ITB No. 2013-14-9500-00-011 for Recyclable Materials Processing Services and the City's Agreement for Processing Recyclable Materials. Date Name Signature Title Name of Company 39 Form A-8 BIDDER'S QUALIFICATIONS AND REFERENCES 1. To assist the City of Hialeah in determining whether the Bidder is qualified to do the work set forth in the Bid and Agreement, the Bidder shall furnish hereunder a list of at least three (3) references who are qualified to judge the Bidder's qualifications and experience in providing work of a similar nature to that which the Bidder will perform for the City. If the Bidder will use a Designated Processing Facility in addition to a Designated Recycling Facility (e.g., a transfer station), the Bidder shall provide at least three (3) references for each facility. For each reference, please provide a name, address, phone number, and e-mail address (if available). 2. The Bidder shall list its previous experience with similar projects, but shall not list more than ten (10) projects. 40 3. The Bidder shall list the name and address of the Recycling Facility and Processing Facility (if any) that is available fondle City in case the Bidder's bid is accepted. 4. The Bidder shall list the names and addresses of each Person and firm that is a principal in the Bidder. 5, The Bidder shall list the names of the Bidder's executives that will give personal attention to the Bidder's work under the Agreement. 41 Form A-9 BIDDER'S SUBCONTRACTORS If the Bidder will have any subcontractors, the Bidder shall provide: (a) the name and address of each subcontractor; (b) the name and telephone number of the subcontractor's contact person; (c) a description of the work that will be performed by each subcontractor; and (d) the percent of the work that will be performed by the subcontractor. END OF STATEMENT OF BIDDER'S QUALIFICATIONS 42 Section 6.0 Guidelines and General Information 6.1 CITY OVERVIEW Hialeah, Florida (pop.235,000) is a diverse community, ideally located midway between Miami and Fort Lauderdale and encompasses approximately 23 square miles. As the fifth largest city in the State of Florida, Hialeah is committed to growth in its business community, while also focusing on issues such as education, the arts, leisure activities and sustainability to provide a viable future for our residents and preserve the City's rich history since its incorporation in 1925. The City currently has 1300+ employees and provides a wide range of governmental services including public safety/police services, parks and recreation, public works, water and sewer, planning, building and zoning, code enforcement, and community development to its citizens. The City is a very large consumer of goods and services and the purchasing decisions of our employees and contractors can positively or negatively affect the environment. By including environmental considerations in our procurement decisions, along with our traditional concerns with price, performance and availability, we will remain fiscally responsible while promoting practices that improve public health and safety, reduce pollution, and conserve natural resources, 6.2 DEFINITIONS Capitalized words and phrases in this ITB are defined in Section 1, above, and in the Agreement that is contained in Section 7, below. In addition, the following terms, phrases, words and their derivations shall have the meaning given herein: a) 'Award' means the acceptance of a Bid, offer, or proposal by the City Council of the City of Hialeah. b) 'Awarded Bidder' moans the Bidder that receives an award of the Agreement from the City as a result of this Invitation to Bid. c) 'Bidder' means the Person, company, entity or organization submitting a Bid in response to this invitation to Bid. d) 'Solicitation' means this Invitation to Bid. 43 e) 'Work', 'Services', 'Program', 'Project', or 'Engagement' mean ail matters and things that will require to be done by the Awarded Bidder(s) in accordance with the scope of work and ail terms and conditions of this Invitation to Bid. 6.3 INVITATION This Invitation for Bid is extended to any Person, company, and organization that can satisfy the requirement(s) specified herein. The requirements presented in this Invitation for Bid represent the City's anticipated needs. 6.4 PUBLIC ENTITY CRIME/ DISCRIMINATORY VENDOR LIST The Public Entity Crime Affidavit Form, (Form "A-1") attached to this Invitation for Bid, includes documentation that shall be executed by an individual authorized to bind the Bidder, Any Bidder, or any of its suppliers, subcontractors, or consultants who shall provide goods and services which are intended to benefit the City, shall not be a convicted vendor or included on the discriminatory vendor list. If the Bidder or any affiliate of the Bidder has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months must have passed since that person was placed on the convicted vendor or discriminatory vendor list. The Bidder further understands and accepts that any contract issued as a result of this Invitation for Bid shall be either voidable or subject to immediate termination by the .City. In the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287,134, respectively, Florida Statutes. The City in the event in such termination, shall not incur any liability to the Bidder for any goods, services or materials furnished. 6.5 LOBBYING All Bidders, their agents and proposed sub - consultants or subcontractors, are hereby placed on notice that neither the City Council Members, any evaluation committee members, employees of the City or employees of any other project sponsoring agencies shall be lobbied either individually or collectively regarding this Invitation for Bid. Bidders, their agents and proposed sub -consultants or subcontractors are hereby placed on notice that they are prohibited from contacting any of these individuals for any purpose relating to the Invitation for Bid (e.g., general information, meetings of introduction, meals, etc.). Any Bid submitted by a Bidder, its agents and potential subconsultants or subcontractors who violate these guidelines will not be considered for review. The Purchasing Director (identified on the cover page of this Invitation for Bid) shall be the only point of contact for questions and/or clarifications concerning the Invitation for Bid, the selection process and the negotiation and award procedures. 6.6 SUSPENSION OF CONTRACTORS FOR MATERIAL BREACH OF CITY CONTRACTS The City may temporarily or permanently suspend contractors from doing business with the City whenever a contractor materially breaches its contract with the City. Any Bid submitted by e Bidder, its proposed subcontractors or subconsultants who are included on the City's Suspension List shall not be considered for review. hi addition, the principles of any Bidders or its proposed subcontractors or sub consultants shall not attempt to do business with the City under a different name or form a new legal entity in order to do business with the City while the principals of the Bidder or its proposed subcontractors or sub consultants remain on the Suspension List. In the event there is any intentional misrepresentation, the Bidder further understands and accepts that any contract issued as a result of this Invitation for Bid shall be subject to immediate termination for default and suspension procedures by the City. The City, in the event of such termination, shall not incur any liability to the Bidder for any goods, services or materials furnished. 6.7 POINTS OF CONTACT/ TIMETABLE FOR INQUIRES Bidders shall contact the Purchasing Director, identified on the cover page of This Invitation for Bid, for all inquiries related to this ITB. All Bidders' technical inquires shall be confirmed in writing either through the mail, via facsimile transmission or electronic mail. Technical questions will not be entertained beyond the cut-off date indicated on the cover page. 44 6.8 ORAL REPRESENTATION No oral representation made by any City staff or official shall be binding on the City. The contents of this Invitation for Bid and any subsequent addenda issued by the City shall govern all aspects of this Invitation for Bid. 6.9 ADDENDA If any revisions to the Invitation for Bid become necessary (other than changes to the deadline for Bid submission), the City will notify all registered Bidders requesting the corresponding document at least three (3) calendar days before the date scheduled for opening the Bids. The City may revise the deadline for Bid submission at any time prior to the date and time scheduled for opening the Bids. It is the responsibility of all Bidders to ascertain whether any addenda have been issued before the Invitation for Bid deadline by either calling or checking with the City's Purchasing Director. 6.10 CANCELLATION OF THE INVITATION FOR BID The City reserves the right to cancel this Invitation for Bid and/or re -advertise and re - solicit the requirements at any time when determined to be in the best interest of the City. 6.11 DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred by any Person in connection with the preparation, submission or presentation of a Bid in response to this Invitation for Bid. The Bid and the information in the Bid shall be provided at no cost to the City. 6.12 TAX EXEMPT STATUS The City is exempt from Florida Sales and Federal Excise taxes on direct purchase of tangible property. 6.13 BID SUBMISSION AND OPENING Alf Bids shall be submitted in sealed envelopes by the deadline indicated on the cover page of this Invitation for Bid. The City assumes no responsibility for Bids not properly labelled. The City will not accept Bids delivered after the established deadline. If the Bid is delivered after the established deadline, a Bidder shall be deemed non -responsive to the invitation for Bid requirements. Receipt of a Bid by any City office, receptionist or personal other than the Clerk's Office will not constitute "delivery" as required by this invitation for Bid. The City will not accept or consider Bids submitted via facsimile transmission. The public is welcome to attend the Bid opening, 6.14 ASSIGNMENT OF BIDS A Bidder shall not transfer or assign its Bid to a third party following submission of a Bid to the City. 6.15 WITHDRAWAL OF BID A Bidder may withdraw their submitted Bid by notifying the City in writing through an authorized representative at any time prior to the opening{submittal deadline. Individuals making the withdrawal shall provide evidence of serving as an authorized representative of the Bidder. Bids, once received, become the property of the City, and wilt not be returned to Bidders even when they are withdrawn from consideration. Bids, once opened, shall not be withdrawn or modified except to the extent agreed to by the City during subsequent contract negotiation. 6.16 PUBLIC RECORDS AND EXEMPTIONS Upon. receipt, Bids become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Bidders shall invoke the exemptions to disclosure provided by law, in the Bid, by providing the specific statutory authority for the claimed exemption, identifying the data or other materials to be protected and stating the reasons why such exclusion from public disclosure is necessary, 6.17 REJECTION OF BIDS The City reserves the right to reject any and all Bids for reasons including, but not limited to, the following: (1) when such rejection is in the interests of the City; (2) if such Bid is deemed non -responsive; (3) if the Bidder is deemed non - responsible; or (4) if the Bid contains any materials irregularities. Minor irregularities contained in a Bid may be waived by the City. A minor irregularity is a variation from the invitation for Bid that does not affect the price of the contract nor does it give a Bidder an advantage or benefit not enjoyed by other Bidders and does not adversely impact the City. 6,18 CONE OF SILENCE / CONFLICT OF INTEREST AND CODE OF ETHICS After the advertisement of this Invitation for Bid, all communications concerning this Solicitation 45 should be directed to the City's Acting Director of the Purchasing Department. Potential Bidders and their agents and employees shall not contact the Mayor, any member of the City Council, or any member of the City staff, except the Acting Director of Purchasing, to discuss this Solicitation. Notwithstanding any other provision of this section, the imposition of a cone of silence on this Invitation To Bid shall not preclude purchasing staff from obtaining industry comment or performing market research provided all communications related thereto with a potential offeror, service provider, Bidder, lobbyist, or consultant are in writing or are made at a duly noticed public meeting. This Section 6.18 does not apply to oral communications at pre -Bid conferences, oral presentations before selection committees, contract negotiations, and public presentations made to the City Council during any duly noticed public meeting. A copy of all written communications must be filed with the City Clerk. 6.19 BUSINESS ENTITY REGISTRATION The City of Hialeah requires business entities to complete and file a registration application before doing business with the City. Bidders need not register with the City to present a Bid; however, the selected Bidder(s) must register prior to award of a contract because the failure to register may result in the rejection of the Bid. To register, contact the Purchasing Department at (305) 883-5865. It is the responsibility of the business entity to update and renew its application concerning any changes, such as new address, telephone number, etc. during the performance of any agreement obtained as a result of this Invitation for Bid. 6.20 SEALED BIDS The original copies of the Bid Forms, as well as any other pertinent documents, must be returned to the City in order for the Bid to be considered for award. All Bids are subject to the conditions specified herein and on the attached Special Conditions, Specifications and Bid Forms. The completed Bid must be submitted in sealed envelopes clearly marked with the Bid title to the Office of the City Clerk of the City of Hialeah, 3rd floor, 501 Palm Avenue, Hialeah, Florida 33010 before 3:00 p.m., local time on the date due. 6.21 EXECUTION OF BID The Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign the Bid shall invalidate same and it shall NOT be considered for award. All Bids must be completed in pen or be typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be dated and initialed by the person signing the Bid. Any illegible entries, pencil Bids or corrections not initialed will not be tabulated. The original Bid conditions and specifications CANNOT be changed or altered in any way after being submitted to the City. 6.22 PAYMENT The City of Hialeah complies with Florida Statue 218.70, Florida Prompt Payment Act. Prompt payment is made within forty-five (45) days of date on which proper invoicing Is received for goods and services and thirty (80) business days for construction services. 6.23 LEGAL REQUIREMENTS Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder will in no way be a cause for relief from responsibility. The individual executing this Bid on behalf of the Company warrants to the City that the Company is a Florida corporation duly constituted and authorized to do business in the State of Florida, is in good standing and that Company possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami -Dade to provide the goods or perform the services herein described. 6.24 BID OPENING Bids shall be opened and publicly read in the Council Chambers, 3rd floor, 501 Palm Avenue, Hialeah, Florida 33010 on the date and at the time specified on this Solicitation. 6.25 DISPUTES In case of any doubt or difference of opinion as to the services to be furnished hereunder, the decision of the City shall be final and binding on both parties, Any bid protest shall be handled pursuant to Section 2-815.1 of the City Code, 6.26 PATENTS & ROYALTIES 46 The Bidder, without exception, shall indemnify and save harmless the City of Hialeah, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in providing the required goods or services. 6.27 OSHA The Bidder warrants that the product and services supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the Bidder responsible for same. 6.28 SPECIAL CONDITIONS Any Special Conditions that vary from these General Conditions shall have precedence. 6.29 ANTI -DISCRIMINATION The Bidder certifies compliance with the non- discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 6.30 INSURANCEIPERMIT Bidders are required to assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all Dade County and City of Hialeah building requirements and the South Florida Building Code. The Bidder shall be liable for any damages or loss to the City occasioned by negligence of the Bidder (or agent) or any person the Bidder has designated in the completion of the contract as a result of the Bid. 6.31 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE Bid Bonds, when required, shall be submitted with the Bid in the amount specified in Special Conditions. After acceptance of Bid, the City will notify the successful Bidder to submit a. performance bond and certificate of insurance in the amount specified in Special Conditions. 6.32 FACILITIES The City reserves the right to inspect the Bidder's facilities at any time with prior notice. 6.33 BID TABULATIONS Bidders desiring a copy of the Bid tabulation may request same by enclosing a self- addressed stamped envelope with the Bid. 6.34 APPLICABLE LAW AND VENUE The law of the State of Florida shall govern this ITB and the contract between the City of Hialeah and the successful Bidder. Any action concerning this ITB or the Agreement shall be brought exclusively in the state or federal courts in and for Miami -Dade County, Florida. 6.35 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS If any person contemplating submitting a Bid under this Invitation for Bid is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit a request for clarification to the City of Hialeah Purchasing Director. Ad such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Hialeah Purchasing Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required. A copy of such Addendum will be emaiied to each Bidder receiving the Invitation for Bid. In the event of a conflict with the original Agreement, the Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. 6.36 AWARD OF CONTRACT 47 A. A contract may be awarded to the responsive, responsible Bidder whose Bid, conforming to the Invitation for Bid, is most advantageous to the City of Hialeah. The best responsive, responsible Bidder(s) will be determined in conjunction with the method of award which is described in the Special Conditions. B. The City shall award a contract to a Bidder only through action taken by the City Council. C. While the City may determine to award a contract to a Bidder(s) under this Invitation for Bid, said Award may be conditional on the subsequent submission of other documents as specified in the Special Conditions. The Bidder shall be in default of any conditional award if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default, the City, through the Purchasing Director, will void its acceptance of the Bidder's offer and may determine to select the second most responsive, responsible Bidder or re -solicit Bids. The City may, at its sole option, seek monetary restitution from the defaulting Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year. D. The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional period; provided that such option is stipulated in the contract ultimately awarded in regard to this Bid. E. The City reserves the right to automatically extend any contract for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded, provided this is expressly made a part of any contract awarded in regard to this Bid. 6.37 ASSIGNMENT The Bidder shall not assign, transfer, convey, or otherwise dispose of any contract, including any or all of its right, titte, or interest therein, or its power to execute such contract to any person,' company or corporation without prior written consent of the City. 6.38 LAWS, PERMITS AND REGULATIONS The Bidder shall obtain and pay all licenses, permits and inspection fees as may be required by the Agreement and this ITS. The Bidder shall comply with all laws, ordinances, regulations, building code requirements applicable to the goods or services contemplated herein. 6.39 OPTIONAL CONTRACT USAGE Other State agencies, and/or Governmental Entities in the State of Florida may purchase from the resulting contract, provided the City, has certified its use to be cost effective and in the best interest of the City. 6.40 SPOT MARKET PURCHASES It is the intent of the City to purchase the goods or services specifically listed in this Bid from the selected Bidder. However, items that are to be 'Spot Market Purchased" may be purchased by other methods, Le. Federal, State or local contracts. 6.41 INCENTIVES/DISINCENTIVES The City has EXCLUDED incentive/disincentive for early completion provisions in the contract. Liquidated damages may apply for untimely delivery of goods or services. 6.42 NON -COLLUSION By submitting this Bid, Bidder certifies that this offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer for the same materials, services, supplies, or equipment and is in ail respects fair and without collusion or• fraud. No premiums, rebates or gratuities are permitted, either with, prior to or after any 48 delivery of material or provision of services. Any violation of this provision may result in the Contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor Bid list(s). 6.43 FLORIDA PUBLIC RECORDS ACT All material submitted regarding this Bid becomes the property of the City. Bids may be reviewed by any Person ten (10) days after the public opening. Bidders should take special note of this as it relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any Person after the contract has been executed by the City. The City has the right to use any or all information/material submitted in response to this Bid and/or any resulting contract from same. Disqualification of a Bidder does not eliminate this right. 6.44 STANDARDIZED CHANGES Contract documents shall be modified, if necessary, to reflect the requirements of 23 CFR 635.109. The changed conditions contract clauses shall be made part of, and incorporated in this project which has been approved under 23 U,S.C. 106. END OF SECTION 6 ADDENDUM No. 1 TO: ALL BIDDERS FROM: CITY OF HiALEAH RF'P #: 2013/14.9500.00.011 RE: ITB — Recyclable Material Processing Services DATE; DULY 10, 2014 The original contract documents for the entitled: RECYCLABLE MATERIALS PROCESSING SERVICES needs to be amended as noted in this Addendum No. 1. This Addendum No. 1 consists of 1 typed page, 0 attachment, and 1 addendum receipt form (ARP). All other items and conditions of the original Contract Documents shall remain unchanged. This Addendum shall become a part of the Contract Documents. Approved for issue: _ Date: July 10, 2013 Angel Ayala — Acting Purchasing Director ACKNOWLEDGMENT Receipt of this Addendum No. 1 shall be acknowledged in the space provided on the ADDENDUM RECEIPT form — ARF (Copy attached) now a part of the Contract Documents to be faxed immediately to the City of Hialeah Purchasing Division (305) 883-5871 and submitted with sealed bids. IN THE CONTRACT DOCUMENTS: Amendment to the following sections: Cover Page: REPONSE SUBMISSION DATE AND TIME Tuesday, August 12th, 2014 @ 11AM Addendum No.1 Page 1 END OF ADDENUM No. 1 CITY OF HIALEAH RECYCLABLE MATERIALS PROCESSING SERVICES RFP #2013/14-9500-00-011 ADDENDUM No, 1 CONTRACTOR'S NAME ADDRESS PHONE NO. CONTACT NAME SIGNATURE THE BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDUM BY SIGNING AND DATING BELOW: (Copy of this form must be faxed immediately to the City of Hialeah at (305) 883.5871). ADDENDUM 1 SIGNATURE DATE ARF ADDENDUM No, 2 TO: ALL BIDDERS FROM: CITY OF HIALEAH ITB14: 2013114-9500.00.011 RE !TB — Recyclable Material Processing Services DATE: JULY 22, 2014 The original Invitation To Bid Document for the entitled: RECYCLABLE MATERIALS PROCESSING SERVICES ITB No. 2013/14-9500.00-011 needs to be amended as noted in this Addendum No. 2. This Addendum No. 2 consists of 1 typed page, 0 attachment, and 1 addendum receipt form (ARF). All other items and conditions of the original Invitation to Bid Document shall remain unchanged. This Addendum shall become a part of the Invitation to Bid Document. Approved for issue: Date: July 22, 2013 Angel Ayala Acting Purchasing Director ACKNOWLEDGMENT Receipt of this Addendum No. 2 shall be acknowledged in the space provided on the ADDENDUM RECEIPT form — ARF (Copy attached) now a part of the invitation to Bid Document to be faxed immediately to the City of Hialeah Purchasing Division (305) 883- 5871 and submitted with sealed bids. IN THE INVITATION TO BID DOCUMENT: Amendment to the following sections: Section 3.2, page 14 (last sentence in the second paragraph) shall now read: The City also estimates that it will spend ninety-six cents ($0.96) per ton per mile to transport its Program Materials to the Designated Recycling Facility, Addendum No. 2 Page 1 END OF ADDENUM No. 2 CONTRACTOR'S NAME CITY OF HIALEAH RECYCLABLE MATERIALS PROCESSING SERVICES ITB #2013/14-9500.00•011 ADDENDUM No. 2 ADDRESS PHONE NO. CONTACT NAME SIGNATURE THE BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDUM BY SIGNING AND DATING BELOW: (Copy of this form must be faxed immediately to the City of Hialeah at (305) 883-5871). ADDENDUM SIGNATURE DATE 2 ARF ADDENDUM No. 3 TO: ALL BIDDERS FROM: CITY OF HIALEAH BID #: 2013-14-9500-00-011 RE: RECYABLE MATERIALS PROCESSING SERVICES DATE: August 04, 2014 The original contract documents for the entitled: ITB - Recyclable Materials Processing Services need to be amended as noted in this Addendum No. 3. This Addendum No. 3 consists of 12 typed pages and 2 attachments. All other items and conditions of the original Contract Documents shall remain unchanged. This Addendum shall become a part of the Contract Documents. Approved for issue: Date: August 04, 2014 Angel Ayala - Purchasing Director ACKNOWLEDGMENT Receipt of this Addendum No. 3 shall be acknowledged in the space provided on the ADDENDUM RECEIPT form — ARF (Copy attached) now a part of the Contract Documents to be faxed immediately to the City of Hialeah Purchasing Division (305) 883-5871 and submitted with sealed bids. QUESTIONS AND ANSWERS: On July 25, 2014, the City received a list of questions from Progressive Waste Solutions of Florida, Inc. ("Progressive"), concerning the City's 'TB. Progressive's questions are quoted below. The City's responses to Progressive's questions are set forth in italics beneath each question. Progressive's Question No. 1: 1. Section, 2.2.9, Page 10-11: if the bidder is a subsidiary, will the City accept copies of the most recent annual financial reports and audits of the subsidiary's parent company? City's Response: Yes, the records of the parent corporation are acceptable, if the records provide the requested information concerning the Bidder (Le., subsidiary). Progressive's Question No. 2: 2. Section, 2.2.9, Page 10-11: Could the City please clarify what documentation is required for the Bidder to demonstrate its ability to satisfy its financial commitments to the City under the agreement? Addendum No. 3 Page 1 City's Response: The City would like to see documentation confirming that the Bidder is solvent and operating profitably. Progressive's Question No. 3: 3. Section 3.2, Page 14: Could the City please clarify how the annual revenue will be determined as a method of award, as it would appear that the language in the first paragraph on this page differs from how to arrive at the annual revenue based an the calculation of the Contractor's monthly fee to the City for each Ton of Program Materials delivered to the Designated Recycling Facility as articulated in Section 6. A. (1) (a-d) of the Agreement? City's Response: The City's work will be awarded on the basis of the net revenue that will be derived by the City for its Program Materials. Net revenue will be calculated in the manner described in Section 3.2 of the City's ITB. The calculation of net revenue is different than the calculation of the monthly payments to the City under Section 6 of the Agreement for Processing Recyclable Materials ("Agreement"). More specifically, when the City decides whether to award its work to a Bidder, the City will consider the costs the City will incur when transporting its Program Materials to tie Bidder's Designated Recycling Facility. After the City awards its work to a Bidder, the payments to the City will be calculated in accordance with Section 6 of the Agreement. After the award, it will not be necessary for the Bidder/Contractor to account for the City's transportation costs. Progressive's Question No. 4: 4. Section 3.15, Page 19: Could the City please clarify and confirm if bidders' qualifications will be reviewed at the bid opening? Additionally, will a determination be made during the bid opening to deem bidders as qualified before the Program Materials Revenue Forms are read aloud in accordance with Section 3.2 on page 13? City's Response: The Bidders' qualifications will not be evaluated at the "bid opening" —the date and time when the bids are submitted to the City. The Bidders qualifications will be evaluated by the City at a later date. If a Bidder is deemed qualified, the Bidder's Cost Proposal and Program Materials Revenue Form will be opened. The Cost Proposals and the Program Materials Revenue Forms will not be opened on the day when the Bids are submitted to the City. Progressives Question No. 5: 5. Section 4.1, Page 20: Would the City please consider removing the requirement that each bid be double- sided as some of the forms contained in the bid have multiple pages that require original signatures and might be difficult to ensure that such forms are double sided? Addendum No. 3 Page 2 City's Response: Each Bidder should use double -sided paper, but only to the extent the Bidder deems it practicable to do so. A Bidder will not be disqualified if the Bidder uses single -sided paper in its Bid. Progressive's Question No. 6: 6. Section 4.2, Page 20: Could the City please confirm if bidders shall submit one (1) Original bid and five (5) complete copies in an envelope or package? City's Response: Yes, a Bidder should submit its original bid and five (5) copies in one envelope or package. Please also note the City's Response to Progressive's Question No. 7. Progressive's Question No. 7: 7. Section 4.3, Page 20: Could the City please confirm if bidders can submit one (1) Original and five complete copies of the "Qualification Package" in one (1) envelope or package and one (1) Original and five complete copes of the 'Cost Package" in (1) envelope or package? City's Response: Yes, a Bidder must submit the original and five (5) copies of the Qualification Package in one envelope or package. A Bidder also must submit the original and five (5) copies of the Cost Package in a different envelope or package. These two (2) envelopes or packages (i.e., one envelope or package for the Qualification Package and one separate envelope or package for the Cost Package) must then be placed in one larger envelope or package. Stated differently, the City wants to receive the Bidder's entire submittal in one envelope or package, which shall contain two (2) separate envelopes or packages —one for the Qualification Package and a separate one for the Cost Package. Progressive's Question No. 8.A: 8. Appendix C, Program Materials Revenue Form, Page 26: Could the City please clarify how the Bidder shall determine and write the percentage of the Average Market Value that it will pay to the City for each Ton of Program Materials delivered to the Bidder's Designated Recycling Facility as the following language after the words "Average Market Value in the first paragraph on this page: "(minus the Contractor's service fee)," is somewhat unclear. Addendum No. 3 Page 3 City's Response: The Contractor's payments to the City shall be calculated in the manner described in Section 6 of the Agreement. The Bidder should use the same method of calculation when deciding how much of the Average Market Value ("AMV") the Bidder will offer to pay the City. In the Program Materials Revenue Form, the language quoted by Progressive [i.e., "(minus the Contractor's service fee) "1 refers to the Contractor's fee of Fifty Dollars 0$50 00), as described in Section 6.A(1)(b) of the Agreement. Progressive's Question No. 8.B: Would the City consider having the following language and example provided below incorporated onto Appendix C, Program Materials Revenue Form to assist with determining the percentage of the Average Market Value that Bidder shall write on the form? Payment Per Ton shall be calculated as follows: Each month, the Contractor shall calculate the AMV of the City's Program Recyciables, defined as the sum of the Southeast USA regional average commodity prices (U.S. Dollars per Ton) first posted in the month for which payment is being made in RecyclingMarkets.net, multiplied by the composition percentages identified in Section 3.2 on page 15 of the bid and Exhibit 2 on page 30 of the Agreement. A fifty dollar ($50.00) Contractor's Fee shall be deducted from the AMV. This fee shall be adjusted as specified in Section 6.A.(2). The Contractor shall pay the City a percentage, as provided in Exhibit 1, of the remaining amount, for each Ton of Program Materials delivered to the Designated Recycling Facility during that month. The percentage payable to the City is percent ( %) of the AMV (net of Contractor's Fee). Example: AMV - $50.00 (Contractor's Fee) x %a (Bid Percentage) = $ (Corresponding revenue per ton based on AMV and Bid Percentage) City's Response: Progressive's proposed text is similar, but not identical, to the text in the Agreement. The City will revise Appendix C, the Program Materials Revenue Form, to include the relevant text from the Agreement. Appendix C, as revised, is attached to this Addendum. Each Bidder must submit the revised version of Appendix C with their Bid. Progressive's Question No. 9: 9. Form A-2 — Non -collusion Affidavit of Prime Bidder, Page 30: Where shall the printed name and title of the bidder's authorized representative be placed on this page? Addendum No. 3 Page 4 City's Response: The printed name and title of the Bidder's authorized representative should be placed in Section (1), as shown on Form A-2. Progressive's Question No. 10: 10. Form A-3 - Insurance Requirements, Page 31 (Third Paragraph from the bottom of page): Would the City, please consider deleting the following language "arising out of and inserting the following language in its place "caused by the negligence or willful misconduct of contractor in'?" City's Response: The City will revise this section in Form A-3. As revised, Form A-3 .shall read as follows: The Contractor shall take note of the indemnification contained in the Agreements and- The Contractor shall obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Hialeah under the indemnification provisions in the Agreement from -any -and -all claims arising out of-the-Gontrasttors operations. [Note: New language is underlined and deleted language is shown as stricken.] A revised version of Form A-3 is attached to this Addendum. Each Bidder must submit the revised Form A-3 with their Bid. Progressive's Question No. 11: 11. Form A-3 - Insurance Requirements, Page 32 (Last section on the page): Would the City please consider deleting the section titled "Small Deductible Policies? City's Response: The City will revise the section entitled "Small Deductible Policies" in Form A-3. As revised, Form A-3 shall read as follows: All policies issued to cover the insurance requirements herein shall must satisfy the requirements contained in the Agreement provide -full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific payng-ent-of-decluc-tibles by the-invurcof. These safeguards shall be in form of escrow accounts -or th cthod o tQblishcd h„ t o k k Manager to safeguard to the City's interests and those-intere..ts of any claimants under the contractor's policies. Addendum No. 3 Page 5 A revised version of Form A-3 is attached to this Addendum. Each Bidder must submit the revised Form A-3 with their Bid Progressive's Question No. 12: 12. Form A-3 — Insurance Requirements, Page 33, (13. LIABILITY): Would the City please consider deleting this provision as it appears to be covered in further detail in the indemnification section of the agreement? City's Response: The City does not understand this comment because the comment does not appear to correspond with the sections of the 1TB. Form A-3 does not include page 33 and there is no Section 13 in Form A-3. Form A-4 contains a Section 13, but Section 13 is not located on page 33 of the !TB, and Section 13 is not entitled "Liability." Further, Section 13 of Form A-4 is not applicable to this 'TB and, therefore, Section 13 does not need to be deleted. Progressive's Question No. 13: 13. Form A-4, Insurance Requirements, Page 34: Whose signature shall be placed in the location for "Signature of Bidder's Agent' on this page? City's Response: The Bidder's insurance agent should sign in this location. Progressive's Question No. 14: 14. Form A-4, insurance Requirements, Page 34: Whose signature shall be placed in the location for "Signature of Florida Resident Agent" on this page? City's Response: The Bidder's Florida resident insurance agent should sign in this location. Progressive's Question No_ 15: 15. Form A-4, Insurance Requirements, Page 34: Could the City please clarify what information should be placed in the location below for "Agent's Errors and Omissions Policy" on this page? City's Response: In this location, the Bidder should identify: (1) the company that provides the agent's Errors and Omissions Policy; (2) the expiration date of the Errors and Omissions Policy; (3) the amount of coverage provided under the Errors and Omissions Policy; and (4) the Policy Number for the Errors and Omissions Policy, Addendum No. 3 Page 6 Progressive's Question No. 16: 16, Form A-4, Insurance Requirements, Page 34: Could the City please clarify what information should be placed in the location for "Name and Location of Agency" on this page? City's Response: In this location, the Bidder should provide the name and location of the insurance agency for the Bidder's Florida resident insurance agent. Progressive's Question No. 17: 17, Agreement, Section 4 D. (1), Page 8: Would the City please consider inserting the following language: "non -propriety and non - confidential," between the words "the" and "records" in the third line of this provision? City's Response: No. The Agreement requires the Contractor to "create, maintain, and make available all of the records required [under the Agreement] as well as any records required under Applicable Law." The City will not change this provision in the Agreement because the City does not want the Contractor to refuse to produce its records under a broad claim that such documents are "proprietary" or "confidential." Progressive's Question No. 18: 18. Agreement, Section 4 D. (5), Page 8 Would the City please consider inserting the following language: "non -propriety and non - confidential," between the words "the" and "books" in the first line of this provision? .City's Response: No. Under the Agreement, the Contractor must maintain and allow access to its records relating to the Contractor's performance under this Agreement. Progressive's Question No. 19: 19. Agreement, Section 6. A. (3-5), Page 10-11: Could the City please clarify what the methodology will be for conducting the composition study? Addendum No. 3 Page 7 City's Response: The methodology used for any composition study must be designed to fairly determine the components of the Program Recyclables delivered to the Contractor's Designated Recycling Facility. The City anticipates that any .such study shall use a methodology that is comparable to or more comprehensive than the one used by the City in May 2014 for the purposes of preparing the City's !TB. The City's 2014 composition study is available on the City's webpage. The methodology used for the City's composition study is described in Appendix A to that study. Progressive's Question No. 20: 20, Agreement, Section 6. A. (3-5), Page 10-11: Would the City please consider having the final methodology for the composition study, and the selection of a qualified Person to conduct the study approved by mutual agreement between the City and Contractor? City's Response: No. The City will fairly consider any recommendations made by the Contractor, but the City reserves its exclusive right to approve (a) the methodology used in the composition study and (b) the Person that will conduct the composition study. Progressive's Question No. 21: 21. Agreement, Section 6. A. (3-5), Page 10-11: Will there be a set frequency for hew often a composition study can be conducted? City's Response: No. It is anticipated that a composition study will not be conducted unless one or both Parties believe the last composition study is no longer representative of the makeup of the City's Program Materials. Progressive's Question No. 22: 22. Agreement, Section 8. B., Page 12: Would the City please consider inserting the following language: "but only after the Contractor's failure to cure within twenty-four (24) hours of notice of such failure from the City," after the word "amounts" on the last line of this provision? Addendum No. 3 Page 8 City's Response: No. However, the City will revise Section 8.8.(4) of the Agreement to read as follows: Failure to submit timely records and reports (Section 4.E.) within one Work Dav after the Contactor receives notice of such failure from the Citv. The Agreement shall be revised, as shown above, before the Agreement is executed by the Parties. Progressive's Question No. 23: 23. Agreement, Section 9, Page 13: Would the City please consider deleting the following language: "and shall resume regular service no later than the date when the City or the City's Contract Hauler (if any) resumes the collection of Program Materials," on the third and fourth line of this section? City's Response: Yes. This sentence in Section 9 of the Agreement shall be revised to read as follows: "However, Contractor shall make its best effort to resume regular service as soon as possib! , r serviee no later than --the date when the City or the City's Contract Hauler (if any) s. °" The Agreement shall be revised, as shown above, before the Agreement is executed by the Parties. Progressive's Question No. 24: 24. Agreement, Section 12, A., Page 15: Would the City please consider inserting the following language: "To the extent covered by applicable insurance," in front of the word "Contractor" at the beginning of this section? City's Response: No. The Contractor's obligation: to indemnify the City shall not be limited by the scope or amount of the Contractor's insurance. Progressive's Question No. 25: 25. Agreement, Section 12, A., Page 15: Would the City please consider deleting the following language: "of any kind (including negligent, reckless, willful or intentional) on the sixth line of this section and inserting in its place the following language: '("claims"), to the extent caused by the negligent or willful?" Addendum No. 3 Page 9 City's Response: No. The Contractor's obligation to indemnify the City shall not be limited in the manner requested. Progressive's Question No. 26: 26. Agreement, Section 12, A., Page 16: Would the City consider inserting the following language: "However, Contractor shall not be liable and its indemnification obligations shall not apply to any and all claims caused by the negligent or willful acts or omissions of the City" after the last sentence of this section? City's Response: No. However, the City will revise Section 12.A. of the Agreement by adding the following sentence to the end of the existing text: "However, Contractor's indemnity does not include claims caused by the negligent acts or omissions of the City." The Agreement shall be revised, as shown above, before the Agreement is executed by the Parties. Progressive's Question No. 27: 27. Agreement, Section 12, B., Page 16: Would the City please consider deleting the following language: "by Contractor' and inserting the word "City" in its place on the fifth line of this section along with deleting the remaining language of this section? City's Response: No. The City will not make the requested change. Progressive's Question No. 28: 28. Agreement, Section 15, B., Page 19: Would the City please consider deleting this section? City's Response: No. The City will not make the requested change. Progressive's Question No. 29: 29. Agreement, Section 15, C., Page 19: Would the City please consider deleting the word "City" and inserting the following words "either party" in its place on the second line of this section? Addendum No. 3 Page 10 City's Response: No. The City will not make the requested change. Progressive's Question No. 30: 30, Agreement, Section 16, Page 19: Would the City please consider deleting the word this section? City's Response: No. The City will not make the requested change. Progressive's Question No. 31: 31. Agreement, Section 25, Page 22: Would the City please consider deleting the following language: "THE PARTIES EXPRESSLY, VOLUNTARILY, AND IRREVOCABLE WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT," on the second and third line of this section? City's Response: No. The City will not make the requested change. Progressive's Question No. 32: 32. Agreement, Section 36, Page 24: Would the City please consider inserting the following language: "non-proprietary and non - confidential," between the words "the" and "books" on the first line of this section? City's Response: No. The City will not make the requested change. Progressive's Question No. 33: 33. Agreement, Section 40, Page 25: Would the City please consider deleting this section? City's Response: No. The City will not make the requested change. Addendum No. 3 Page 11 Progressive's Question No. 34: 34. Exhibit 3, Page 31: Could the City please clarify if the total amount of Program Materials used for the calculations of monthly payments to the City will include residue, rejects, contamination, and polycoated cartons? Would the City consider that the items mentioned in the previous question should not be included in the calculations for purposes of determining the monthly payments to the City? Would the City also consider not including inbound tonnage that is not marketable in the determination of the calculation of monthly payments to the City? City's Response: The Contractor's monthly payments to the City shall be based on the weight of all of the Program Materials delivered by the City or its Contract Hauler to the Contractor's Designated Recycling Facility, including any material that is deemed to be a residue, reject, contaminant, or polycoated carton. Stated differently, the payments to the City will be based on all of the in -bound tonnage that is delivered to the Designated Recycling Facility, including material that is not marketable. Addendum No. 3 Page 12 END OF ADDENUM No. 3 CITY OF HIALEAH ITB-Recyclable Waste Materials 2013114-9500-00-011 ADDENDUM No. 3 COMPANY NAME ADDRESS PHONE NO. CONTACT NAME SIGNATURE THE BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDUM BY SIGNING AND DATING BELOW: (Copy of this form must be faxed immediately to the City of Hialeah at (305) 883.5871). ADDENDUM SIGNATURE DATE 3 ARF Appendix C (Revised July 28, 2014) PROGRAM MATERIALS REVENUE FORM RECYCLABLE MATERIALS PROCESSING SERVICES ITB No.: 2013.14-9500-00-011 The Contractor's payments to the City shall be calculated in the manner described in Section 6.A of the Agreement for Processing Recyclable Materials ('Agreement"), which is attached to the City's ITB. Sample calculations are presented in Exhibit 3 to the Agreement. In pertinent part, Section 6.A.1 of the Agreement provides: "(a) Each month, the Contractor shall calculate the Average Market Value (AMV) of the Program Materials, defined as the sum of the Southeast USA regional average commodity prices (U. S. Dollars per Ton) first posted in the month for which payment is being made in RecyclingMarkets.net, multiplied by the composition percentages identified in Exhibit 2 [of the Agreement]. .. . (b) A Contractor's Fee of Fifty Dollars ($50.00) per Ton shall be deducted from the AMV. This fee shall be adjusted as specified in Section 6.A.(2) [of the Agreement]. (c) The Contractor shall pay the City a percentage, as provided in Exhibit I [of the Agreement], of the remaining amount, for each Ton of Program Materials delivered to the Designated Recycling Facility during that month. The percentage payable to the City is percent ( %) of the AMV (net of Contractor's Fee)." In this ITB, the City wants to determine the percentage that a Bidder/Contractor will pay to the City pursuant to Section 6.A.1(c) of the Agreement. In the space provided below, the Bidder shall write the percentage that the Bidder will pay to the City, pursuant to Section 6.A.1(c) of the Agreement, for each Ton of Program Materials delivered to the Bidder's Designated Recycling Facility by the City or its Contract Haulers: Percent of AMV [write the number in words] of AMV [write the number] A. By signing and submitting this document, the Bidder: (1) acknowledges that he/she/it has carefully reviewed the terms, conditions, and requirements contained in this Solicitation, including the Agreement; and (2) if selected by the City, the Bidder will promptly execute the Agreement, as is, without change, and will comply with the requirements in the Agreement. B. The Bidder agrees that, after the City's Program Materials are delivered to the Bidder's facility, any and all costs associated with Processing, marketing, and transporting the Program Materials (including but not limited to the costs for the transportation and disposal of Rejects and Residue) shad be paid by the Bidder, except when the Agreement explicitly provides otherwise. C. The Bidder acknowledges that the capitalized words in this form are defined in the Agreement and shall have the meaning set forth therein. D. By signing and submitting this document, l hereby certify that I am authorized to act on behalf of the Person (Le., individual, partnership, corporation, association, or other entity) submitting this Bid and that all statements made in this Bid are true and correct. The Bidder agrees to hold this offer open for a period of one hundred and eighty (180) days from the deadline for the delivery of Bids. If the Bidder is selected as the top - ranked Bidder, the Bidder agrees to hold this offer open for such further period as is necessary for obtaining a final award and executing the Agreement. Name of Bidder (Please Print) Name of Bidder's Agent (Please Print) Title: Signature of Bidder's Agent Date: WITNESSES Witness Name (Please Print) Witness Signature Witness Name (Please Print) Witness Signature Form A-3 (Revised July 2S, 2014) INSURANCE REQUIREMENTS See Insurance Check List for applicability to this contract. The Contractor shall be responsible for its work and every part thereof, including all materials, tools, appliances and property of every description used in connection therewith. The Contractor shall specifically and distinctly assume all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property, wherever located, resulting from any action or inaction of the Contractor under the Agreement for Processing Recyclable Materials (Agreement) or in connection with the work. The Contractor shall, during the work under this Agreement, including extra work in connection therewith; Maintain Worker's Compensation and Employer's Liability Insurance covering all employees including any and all leased employees, to meet the statutory requirements of the State of Florida, to protect themselves from any liability or damage which may arise by virtue of any statute or law in force or which may hereafter be enacted. Maintain General Liability Insurance in amounts prescribed by the City to protect the Contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the Agreement or in connection with the work. Maintain Automobile Liability Insurance, including Property Damage, covering all used or operated automobiles and equipment used in connection with the work. When naming the City of Hialeah as an additional insured onto the Contractor's policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. An endorsement to the policy(ies) shall be issued accordingly and the certificate will state the above, The insurance coverage shall extend to and include the contractual indemnity and hold harmless Ianguage contained in the Agreement. Original, signed certified Insurance Certificates evidencing such insurance and such endorsements as prescribed herein shall be Filed by the Contractor, before the work is started, with the City of Hialeah. The certificate roust state the Solicitation Number and Title. Products and Completed Operations Liability shall be provided, as stated in the Insurance Check List. The Contractor will secure and maintain policies for subcontractors. All policies shall be made available to the City upon demand. The Contractor shall take note of the indemnification contained in the Agreement, and The Contractor shall obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Hialeah under the indemnification provisions in the Agreement from any and all claims arising out of the Contractor's epefations. Further, the Contractor will notify its insurance agent without delay of the existence of the indemnification requirement contained within the Agreement, and furnish a copy of the Agreement to the insurance agent. The City shall be named as additional insured on the Automobile and General Liability policy(ies) with proof to be stated on the Certificates provided to the City and this coverage to be primary to all other coverage the City possesses. SUPERVISION Contractual and any other Liability Insurance provided under the Agreement shall not contain a supervision, inspection, engineering services exclusion that would preclude the City from supervising and/or inspecting the Contractor's work. The Contractor shall assume all on-the-job responsibility as to the control of Persons directly employed by the Contractor and/or the subcontractor and Persons employed by the subcontractor. CONTRACTS Nothing contained in the Solicitation or Agreement shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractors and of persons employed by them, as the Contractor is for acts and omissions of Persons directly employed by the Contractor. PROTECTION Precautions shall be exercised at all times for the protection of Persons, including employees, and property. All existing structures, utilities, roads, services, trees, shrubbery, etc., shall be protected against damage or interrupted service at all times by the Contractor during the term of the Agreement. The Contractor shall be held responsible for any damage to any Person or property occurring by reason of the Contractor's operation under the Agreement. CROSS LIABILITY It is understood and agreed that the inclusion of more than one insured under the Contractor's policy shall not restrict the coverage provided by the policy for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insurers hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair for such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. CERTIFICATE OF INSURANCE THE CITY TO BE ENDORSED ONTO THE POLICY AS AN ADDITIONAL INSURED THUS PROVIDING THE CANCELLATION NOTIFICATION PROVISIONS TO THE CITY AS FOUND IN THE POLICY. OUT-OF-STATE NON-RESIDENT AGENT When a certificate is issued by an out-of-state non-resident agent with a "920" License, the name, address and telephone number of the Florida Resident Agent must be listed in the space provided on the checklist and on the Certificate of Insurance provided. SMALL DEDUCTIBLE POLICIES All policies issued to cover the insurance requirements herein shall must satisfy the requirements contained in the Agreement. - Wnd or -pas,; ent-of k M,, to saf g rd s tL. Git t t eta and tth e1.. nts u nder th�onfractor' licies I'C___ _ ____.._ o u � � tom. �.>v-z+rtl'.re 7a t$ of car vcva� trvri�n�. TO: ALL BIDDERS FROM:CITY OF HIALEAH BID #: RE: DATE: ADDENDUM No. 4 2013-14.9500-00-011 RECYABLE MATERIALS PROCESSING SERVICES August 05, 2014 The original contract documents for the entitled: ITB - amended as noted in this Addendum No. 4. This Addendum No. 4 consists of 1 typed page and original Contract Documents shall remain unchanged. Documents. Recyclable Materials Processing Services need to be 0 attachments. All other items and conditions of the This Addendum shall become a part of the Contract Approved for issue: Date: August 05, 2014 Angel Ayala - Purchasing Director ACKNOWLEDGMENT Receipt of this Addendum No. 4 shall be acknowledged in the space provided on the ADDENDUM RECEIPT form — ARF (Copy attached) now a part of the Contract Documents to be faxed immediately to the City of Hialeah Purchasing Division (305) 883-5871 and submitted with sealed bids. QUESTIONS AND ANSWERS: On August 4, 2014, the City received a question from Progressive Waste Solutions of Florida, Inc. ('Progressive"), concerning the City's 1TB. Progressive's question and the City's response to Progressive's question are set forth below. Progressive's Question No. 1: in light of the numerous questions submitted for the Recyclable Materials Processing Services' ITB No. 2013-14-9500-00-011 and the City's responses via Addendum No. 3, Progressive Waste Solutions of FL, Inc. would like to ask the City for its consideration of extending the due for two weeks. City's Response: The City will not grant a two week extension. Therefore, the deadline for submittal of bids will remain as advertised; Tuesday, August 12, 2014 at 11 A.M. Addendum No. 4 Page 1 END OF ADDENUM No. 4 COMPANY NAME ADDRESS CITY OF HIALEAH ITB-Recyclable Waste Materials 2013/14-9500-00-011 ADDENDUM No. 4 PHONE NO. CONTACT NAME SIGNATURE THE BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDUM BY SIGNING AND DATING BELOW: (Copy of this form must be faxed immediately to the City of Hialeah at (305) 883-5871). ADDENDUM SIGNATURE DATE 4 ARF ' Carlos Hernandez Mayor Isis Garcia -Martinez Council President Luis Gonzalez Council Vice President City Council Agenda Summary/Minutes September 9, 2014 7:00 P.M. Council Members Jose F. Caragol Vivian Casals-Munoz Katharine E. Cue-Fuente Paul B. Hernandez Lourdes Lozano Call to Order - Council President Garcia -Martinez called the meeting to order at 7:08 p.m. Roll Call- • Council Members Present: o Council President Isis Garcia -Martinez o Council Vice President Luis Gonzalez o Councilwoman Vivian Casals Munoz o Councilman Paul Hernandez o Councilwoman Lourdes Lozano • Council Members Absent: o Councilman Jose Caragol o Councilwoman Katharine Cue-Fuente • Also present were: o Lorena Bravo, Acting City Attorney o Marbelys Fatjo, Acting City Clerk Invocation given by Marbelys Fatjo, Acting City Clerk Pledge of Allegiance led by Council President Isis Garcia -Martinez Meeting Guidelines The following guidelines have been established by the City Council: • ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK • As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber. • A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker's comments will be limited to three (3) minutes. City Council Summary Agenda September 9, 2014 • No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber. • Members of the public may address the City Council on any item pertaining to city business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker's comments will be limited to three (3) minutes. The meeting guidelines were read into the record by the Acting City Clerk in English and by Maricarmen Lopez, Administrative Aide in the Office of the City Clerk, in Spanish. Presentations — (1) Council President Isis Garcia -Martinez, on behalf of Mayor Hernandez, proclaims the month of September 2014 as National Childhood Cancer Awareness Month. REPORT: Marla Alpizar, Director of Education and Community Services, accepted the proclamation on behalf of American Cancer Fund for Children, Inc. (2) Council President Isis Garcia -Martinez, on behalf of Mayor Hernandez, proclaims the month of September 2014 as National Childhood Obesity Awareness Month. REPORT: Doug Bartel & Jose Roces from Florida Blue Foundation accepted the proclamation. 1. Announcement of Amendments/Corrections to the Agenda — Item G and 5 were withdrawn from the agenda. Item L was amended to reflect the correct total cumulative amount. REPORT: Council Vice President Gonzalez recognized Mrs. Olga Hernandez from the Office of Commissioner Jose "Pepe Diaz and Mrs. Daisy Castellanos from the Office of Commissioner Estaban Bove. 2. Consent Agenda — All items listed with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. Item B was withdrawn from the Consent Agenda by Council Vice President Gonzalez for separate discussion. Item P was withdrawn from the Consent Agenda by resident Frank de la Paz. REPORT: Motion to Approve the Consent Agenda, except items B and P, made by Council Vice President Gonzalez, and seconded by Councilwoman Casals-Munoz. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent 2 City Council Summary Agenda September 9, 2014 A. Request permission to approve the Summary Agenda/Minutes of the City of Hialeah Council Meeting held on August 26, 2014. (OFFICE OF THE CITY CLERK) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. B. Request permission to award Hialeah Bid No. 2014/15-3230-00-022 — Electrical and Site Lighting for the Cultural Park, and issue a purchase order to Thevenin Enterprises, Inc., lowest responsive bidder, in a total cumulative amount not to exceed $361,000. (CONSTRUCTION AND MAINTENANCE DEPT.) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. Motion to Approve Item B made by Council Vice President Gonzalez, and seconded by Councilwoman Casals-Munoz. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. C. Request permission to award Hialeah Bid No. 2013/14-3230-00-024 — Public Works Complex Demolition of Existing Warehouses & BuiIdings — 3700 West 4 Avenue, and issue a purchase order to Thunder Demolition, Inc., second lowest responsive bidder, in a total cumulative amount not to exceed $19,000. TTC Environmental Inc., lowest responsive bidder, did not provide a bid bond and did not include items in addendum number two. (CONSTRUCTION AND MAINTENANCE DEPT.) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent, D. Request permission to waive competitive bidding, since it is advantageous to the City, and increase purchase order # 2014-590, issued to Manhattan Electric & Hardware Corporation d/b/a Manhattan Electric & Lighting Supply, to purchase electrical supplies and materials, by an additional amount of $10,000, for a new total cumulative amount not to exceed $35,000. (CONSTRUCTION AND MAINTENANCE DEPT.) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. E. Request permission to waive competitive bidding, since it is advantageous to the City, and increase purchase order # 2014-607, issued to South Florida Appliance, Inc., to purchase supplies and materials, by an additional amount of $10,000, for a new total cumulative amount not to exceed $35,000. (CONSTRUCTION AND MAINTENANCE DEPT.) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue- Fuente absent. F. Request permission to waive competitive bidding, since it is advantageous to the City, and increase purchase order # 2014-569, issued to Graybar Electric Company, Inc., to purchase electrical supplies and materials, by an additional amount of $10,000, for a new total cumulative amount not to exceed $25,000. (CONSTRUCTION AND MAINTENANCE DEPT.) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. G. renew the agreement with Action Cleaning Services A P Corp, for city wide janitorial services for a period of two years, in a total cumulative amount not to exceed 3 City Council Summary Agenda September 9, 2014 $363,289.80 per year. (CONSTRUCTION AND MAINTENANCE DEPT.) WITHDRAWN H. Request authorization to expend funds from the Operating Supplies — Uniforms account to pay Lou's Police Distributors, Inc., for June and July invoices, as well as to cover future invoices for the remainder of the fiscal year, in a total cumulative amount not to exceed $30,000. (POLICE DEPARTMENT) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. I. Request permission to utilize State of Florida Contract No. 618-000-11-11 — Office and Education Consumables, and issue a purchase order to Office Depot, Inc., to purchase office supplies during fiscal year 2014-2014, in a total cumulative amount of $170,000 to be allocated to various City departments. (PURCHASING DEPT.) APPROVED (5-0-2) with Councilman CaragoI and Councilwoman Cue-Fuente absent. J. Request permission to waive competitive bidding, since it is advantageous to the City in that the City presently uses the services of this vendor and is satisfied with such, and issue a purchase order to Amano McGann, Inc., for the maintenance and upgrade of the Parking Garage Pay -on Foot Premium Support Agreement, for a period of three years commencing on October 31, 2012 and ending on November 1, 2015, for a total cost of $51,576 over the course of the three years and a total cumulative amount of $17,192 for fiscal year 2014-2015, of which $14,132 is the cost of maintenance and $3,060 is the cost of the upgrades. (PURCHASING DEPT.) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. K. Request permission to waive competitive bidding, since it advantageous to the City, and issue a purchase order to Home Depot U.S.A., Inc., for the purchase of operational supplies when needed, in a total cumulative amount not to exceed $100,000 to be allocated to various City departments. (PURCHASING DEPT.) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. L. Request permission to increase purchase order # 2014-1811, since it is advantageous to the City, issued to Eureka Farms LLC, for median landscaping replacement along Okeechobee Road from LeJeune Road to Palm Avenue, by an additional amount of $45,000, for a new total cumulative amount not to exceed $90,500. (STREETS DEPT.) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. M. Request permission to waive competitive bidding, since it is advantageous to the City, and award the West 17 Court from 68 Street to 72 Street roadway and drainage improvements to Williams Paving Co. Inc., vendor submitting the lowest proposal, in a total cumulative amount not to exceed $187,797.12, of which 167,797.12 is the cost of the project and $20,000 is for contingency fees. (STREETS DEPT.) APPROVED (5-0- 2) with Councilman Caragol and Councilwoman Cue-Fuente absent. N. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City to enter into a fourth amendment to the Professional Services Agreement between the City of Hialeah and MV Contract Transportation, Inc., dated 4 City Council Summary Agenda September 9, 2014 October 29, 2010 for the operation of the City's bus transit system, renewing the term of the agreement for an additional two years beginning on October 1, 2014 and ending on September 30, 2016 and increasing the premium rate for bus service hours in excess of the base to $42.47 per service hour for the first year and $52.36 per service hour for the second year, a copy of which is attached hereto and made a part hereof as Exhibit "I". (TRANSIT) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue- Fuente absent. RESOLUTION NO. 2014-107. O. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City to enter into a third amendment to the Bus Lease Agreement renewing the term for an additional two years commencing on October 1, 2014 and ending on September 30, 2016, a copy of which is attached hereto and made a part hereof as Exhibit "1". APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. RESOLUTION NO. 2014-108. P. Proposed resolution granting an agreement for processing recyclable materials to Progressive Waste Solutions of FL, Inc. as the qualified, responsive and responsible bidder providing the most economic value to the City pursuant to Invitation to Bid No. 2013-2014-9500-00-011 for the processing, marketing and sale of the City's recyclable materials collected, for an initial term of five years, on terms and conditions set forth in the agreement, as published in the Invitation to Bid, and authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City of Hialeah, to execute the agreement, a copy of which is attached hereto as "Exhibit 1". (LAW DEPT.) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. RESOLUTION NO. 2014-109. Motion to approve Item P made by Council Vice President Gonzalez, and seconded by Councilman Hernandez. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. 3. Second reading and public hearing of proposed ordinance authorizing the negotiation of a loan in an aggregate amount not to exceed $25,000,000 from the Florida Municipal Loan Council; approving the form of and the execution and delivery of a loan agreement with the Florida Municipal Loan Council; approving the execution and delivery of a Bond Purchase Contract; approving the execution and delivery of a Continuing Disclosure Agreement; providing certain other matters in connection with the making of such loan; providing penalties for violation hereof; providing for a severability clause and providing an effective date. (ADMINISTRATION) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. ORDINANCE NO. 2014-41. Motion to Approve Item 3 made by Council Vice President Gonzalez, and seconded by Councilwoman Lozano. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. This item was approved on first reading on August 26, 2014. 4. First reading of proposed ordinance amending Chapter 90 entitled "Vehicles for Hire", "Article III. Wrecker Service" of the Code of Ordinances and in particular amending 5 City Council Summary Agenda September 9, 2014 Hialeah Code §98-171 "Definitions" to define "Immobilization"; and further by creating Section 90-179 entitled "Inunobilization" requiring a business tax receipt, setting the maximum fee of $20.00 for removal of the immobilization device and $15.00 for removal of the immobilization device when the operator is still on the property; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in code; providing for a severability clause; and providing for an effective date. (ADMINISTRATION) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. Motion to Approve Item 4 made by Council Vice President Gonzalez, and seconded by Councilman Hernandez. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. Next hearing is set for September 23, 2014. 5. Pursuant to Section 2.01 of the City's Charter, Mayor Hernandez appoints Miguel Anchia, subject to civil service rules and regulations, to the position of Hialeah Fire Chien (n D INISTP n TION.r) WITHDRAWN 6. Board Appointments — a. Proposed resolution appointing Lajiri Francisco Cabrera as a member of the Planning and Zoning Board for a period of a two (2)-year term ending on September 9, 2016. (COUNCIL VICE PRESIDENT GONZALEZ) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. RESOUTION NO. 2014-110. Motion to Approve Item 6a made by Council Vice President Gonzalez, and seconded by Councilwoman Casals-Munoz. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. 7. Unfinished Business — NONE 8. New Business — NONE 9. Comments and Questions - NONE Administration of Oath to all applicants and anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision item. Attention Applicants: Items approved by the City Council are subject to the Mayor's approval or veto. The Mayor may withhold his signature or veto the item. If the Mayor's signature is withheld, the item is not effective until the next regularly scheduled meeting. If the Mayor vetoes the item, the item is rejected unless the Council overrides the veto at the next regular meeting. REPORT: All were duly sworn in by the Acting City Clerk in English and by Maricarmen Lopez in Spanish. ZONING 6 City Council Summary Agenda September 9, 2014 PZ 1. Second reading and public hearing of proposed ordinance vacating all alleys dedicated for public use and lying in Block 36-B only, of Amended Plat of the Amended Plat of Thirteen Addition to Hialeah, pursuant to the Plat thereof, as recorded in Plat Book 34, at Page 26, of the Public Records of Miami -Dade County, Florida. Property located between East 4 Avenue and East 5 Avenue, north of East 25 Street and south of East 26 Street, Hialeah, Florida, and more particularly described in the legal description and location sketch attached hereto and made a part hereof as Exhibit "A". Applicant: Leon Medical Centers, Inc. APPROVED (5-0-2) with Councilman Carnal and Councilwoman Cue- Fuente absent. ORDINANCE NO. 2014-42. Motion to Approve Item PZ 1 made by Councilwoman Casals-Munoz, and seconded by Councilman Hernandez. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. Item was approved on first reading on August 26, 2014. Item was approved by the Planning and Zoning Board on August 13, 2014. PZ 2. Second reading and public hearing of proposed ordinance approving a Final Plat of Ready Auto Zone Tract, accepting all dedication of avenues, streets, roads or other public ways, together with all existing and future planting of trees; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Property located at 3850 West 12 Avenue, Hialeah, Florida. Applicant: The Cayon Family Limited Partnership No. 2 APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. ORDINANCE NO. 2014-43. Motion to Approve Item PZ 2 made by Councilwoman Casals-Munoz, and seconded by Councilwoman Lozano. MOTION PASSED (5-0-2) with Councilman Carnal and Councilwoman Cue-Fuente absent. Item was approved on first reading on August 26, 2014. Item was approved by the Planning and Zoning Board on August 13, 2014. PZ 3. First reading of proposed ordinance granting a Variance Permit to allow a Pylon Reader Board LED Sign on property zoned C-1 (Restricted Retail Commercial District) outside the geographic area where LED signs are permitted, a distance of less than 300 feet from property zoned Residential, where a minimum 300 feet is required; and allow a setback of 2 feet from the right-of-way line, where 10 feet are required; contra to Hialeah Code §§ 74- I49(b), 74-149(e) and 74-128(1)e. Property located at 4640 Palm Avenue, Hialeah, Florida. Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Applicant: Benjamin Ocner DENIED (5-2-0) with Councilman Caragol and Councilwoman Cue-Fuente absent. Motion to remove Item PZ 3 from table made by Council President Garcia -Martinez and 7 City Council Summary Agenda September 9, 2014 seconded by Councilwoman Lozano. MOTION PASSED (5-2-0) with Councilman Caragol and Councilwoman Cue-Fuente absent. Motion to Deny Item PZ 3 made by Council President Garcia -Martinez, and seconded by Councilman Hernandez. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. REPORT: Councilwoman Lozano advised the Acting City Clerk once the meeting was adjourned that she wanted to change her vote to reflect "No" to the Motion to Deny made for Item PZ 3. Councilwoman Lozano is unable to chan,'e her vote accordinz to the Robert's Rules of Order. Item was continued on August 26, 2014 until the meeting of September 9, 2014 because the applicant was not present. Item was continued on August 12, 2014 until the meeting ofAugust 26, 2014. Item came before the City Council as a Recommendation of Denial .by the Planning and Zoning Official, upheld by the Planning and Zoning Board, and the denial was overridden by the Council on June 24, 2014. PZ 4. First reading of proposed ordinance granting a Special Use Permit (SUP) to allow the use of a prefabricated building on property zoned M-1 (Industrial District) for extended period of time not exceeding 42 months from the effective date of this ordinance for a temporary sorting facility for the loading and unloading, sorting and distribution of mail packages. Property located at 6001 East 8 Avenue, Hialeah, Florida. Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Applicant: United Parcel Service, Inc. APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue- Fuente absent. Motion to Approve Item PZ 4 made by Councilwoman Casals-Munoz, and seconded by Council Vice President Gonzalez. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. Next hearing is scheduled for September 23, 2014 Item approved on first reading September 9, 2014 Item was approved on first reading on August 26, 2014. The item needs to be heard on first reading again due to a change in the ordinance. Item was approved by the Planning and Zoning Board on August 13, 2014. PZ 5. Recommendation of denial by the Planning and Zoning Official, upheld by the Planning and Zoning Board, of a Conditional Use Permit (CLIP) to allow a house of worship, and consider granting a variance permit to allow 17 parking spaces, 5 of them backing out into the street (118 parking spaces required and back -out parking only allowed in low density residential areas). Property located at 460 West 83 Street, Hialeah, Florida. Applicant: 8 City Council Summary Agenda September 9, 2014 Biblico Puertas De Sion. DENIED (2-3-2) with Council President Garcia -Martinez, Councilman Hernandez, and Councilwoman Lozano voting "NO" and with Councilman Caragol and Councilwoman Cue-Fuente absent. Motion to remove Item PZ 5 from table made by Council Vice President Gonzalez, and seconded by Councilman Hernandez. MOTION PASSED (5-2-0) with Councilman Caragol and Councilwoman Cue-Fuente absent. REPORT: John Lawrence, property owner, 7898 West 84 Street, addressed the Council on the item. Mr. Lawrence provided photographs, a Miami -Dade Expressway Authority Permit, a printout of the City's Building Department permit search, and an As - Built Plan for the record. REPORT: Daniel Martinez, architect, 655 West Flagler Street, addressed the council on this item. REPORT: Patrick Flynn, City of Hialeah Assistance Fire Chief, addressed the council on this item. Motion to Override the Denial and Approve Item PZ 5 made by Council Vice President Gonzalez, and seconded by Councilwoman Casais-Munoz. MOTION FAILED (2-3-2) with Council President Garcia -Martinez, Councilman Hernandez and Councilwoman Lozano voting "NO" and with Councilman Caragol and Councilwoman Cue-Fuente absent. Item was continued on August 26, 2014 until the meeting o, f September 9, 2014. Item was continued on June 24, 2014 until the meeting of August 26, 2014 per the request of the applicant's architect. Item was continued on May ?7, 2014 until the meeting of June 24, 2014, per the applicant's request. Item was continued on May 13, 2014 until the meeting of May 27, 2014. SPECIAL MEETING SMALL SCALE AMENDMENTS LU 1. Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Low Density Residential to Commercial; Property located at 17 West 17 Street, Hialeah, Florida, zoned R-1 (One -Family District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Applicant: Lourdes M Cochez APPROVED (5-2-0) with Councilman Caragol and Councilwoman Cue- Fuente absent. ORDINANCE NO, 2014-44. 9 City Council Summary Agenda September 9, 2014 Motion to Approve Item LU 1 made by Councilman Hernandez, and seconded by Council President Garcia -Martinez. MOTION FAILED (3-2-2) with Council Vice President Gonzalez and Councilwoman Casals-Munoz voting "NO", and with Councilman Caragol and Councilwoman Cue-Fuente absent. Motion to Reconsider and Approve Item LU 1 made by Council President Garcia -Martinez, and seconded by Councilwoman Casals-Munoz. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. Item was approved on first reading on August 26, 2014. Item was approved by the Planning and Zoning Board on August 13, 2014. LU 2. Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Commercial to High Density Residential; Property located at 1190 Southeast 8 Avenue, Hialeah, Florida, zoned C-3 (Extended Liberal Commercial District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Applicant: Spinal Cord Living — Assistance Development, Inc. (SCLAD) APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. ORDINANCE NO. 2014-45. Motion to Approve Item LU 2 made by Councilwoman Casals-Munoz, and seconded by Councilman Hernandez. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. Item was approved on first reading on August 26, 2014. Item was approved by the Planning and Zoning Board on August 13, 2014. LU 3. Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Medium and High Density Residential to Commercial; Property located at the northwest corner of the intersection of East 25 Street and East 5 Avenue bounded to the north by East 26 Street and to the west by East 4 Avenue, Hialeah, Florida; repealing all ordinance or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Applicant: Leon Medical Centers, Inc. APPROVED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. ORDINANCE NO. 2014-46. Motion to Approve Item LU 3 made by Council Vice President Gonzalez, and seconded by Councilwoman Casals-Munoz. MOTION PASSED (5-0-2) with Councilman Caragol and Councilwoman Cue-Fuente absent. Item was approved on first reading on August 26, 2014. Item was approved by the Planning and Zoning Board on August 13, 2014. 10 City Council Summary Agenda September 9, 2014 NEXT CITY COUNCIL MEETING: September 23, 2014 at 7:00 P.M. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: November 25, 2014 at 6:30 p.m. Anyone wishing to obtain a copy of an agenda item should contact the Office of the City Clerk at (305) 883-5820 or visit at 501 Palm Avenue, 3rd Floor, Hialeah, Florida, between the hours of 8:30 a.m. and 5:00 p.m. Persons wishing to appeal any decision made by the City Council, with respect to any matter considered at the meeting, will need a record of the proceedings and, for such purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. An ordinance or resolution shall become effective when passed by the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor's signature is withheld or if the City Council overrides the Mayor's veto. If the Mayor's veto is sustained, the affected ordinance or resolution does not become law and is deemed null and void.. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 883-5820 for assistance no later than seven (7) days prior to the proceeding; if hearing impaired you may telephone the Florida Relay Service at (800) 955-8771 (TDD), (877) 955-8773 (Spanish) or (800) 955-8770 (Voice). 11 RESPONSE FOR: CITY OF HIALEAH'S INVITATION TO BID (ITB No. 2013-14-9500-00-011) FOR RECYCLABLE MATERIALS PROCESSING SERVICES DUE TUESDAY, AUGUST 12, 2014 11:00 A.M. SUBMITTED BY: Progressive Waste Solutions Progressive Waste Solutions of FL, Inc. 3840 N.W. 37th Court Miami, FL 33142 Contact Person: Brendon Pantano Phone No. (305)-694-7222 FAX No. (305)-694-7207 FOR City of Hialeah City Clerk Office of the City Clerk City Hall, 3rd FIoor 501 Palm Avenue Hialeah, FL 33010-4719 Original — Qualification Package Progressive Waste Solutions TABLE OF CONTENTS — Oualification Package TAB 1 1. BID SUBMITTAL FORM (APPENDIX A) Page 1 2. SUBMITTAL CHECKLIST (APPENDIX B) Page 2 TAB 2 3. Minimum Qualifications 2.2.1 Page 3 - Certificate of Good Standing Page 4 4. Minimum Qualifications 2.2.2 Page 5 - Miami -Dade County — WMI Subcontractor Agreement with Page 6 Progressive Waste Solutions for Processing of Single -Stream Recyclables - Hillsborough County — Notice of Award Page 7-8 - City of Miami - Resolution Page 9 - City of Miami — January 23, 2014 City Commission Meeting Page 10-19 Minutes - City of Hollywood — Agreement for Recyclables Processing Page 20-23 Services 5. Minimum Qualifications 2.2.3 Page 24 - Miami -Dade County Solid Waste Annual Operating Permit Page 25-29 - Miami Recycling Facility (MRF) - Miami -Dade County Business Tax Receipts Miami Recycling Page 30-31 Facility (MRF) - City of Hialeah Business Tax Receipts — Miami Recycling Facility Page 32 (MRF) 6. Minimum Qualifications 2.2.5 Page 33 - Miami -Dade County Solid Waste Annual Operating Permit Page 34-37 - Progressive Waste Solutions of FL, Inc.'s Choice Recycling of Miami - Miami -Dade County Business Tax Receipts — Progressive Waste Page 38 Solutions of FL, Inc.'s Choice Recycling of Miami - City of Miami Business Tax Receipts — Progressive Waste Solutions Page 39-40 of FL, Inc.'s Choice Recycling of Miami 7. Minimum Qualifications 2.2.6 Page 41-42 8. Minimum Qualifications 2.2.7 Page 43-44 Progressive Waste Solutions 9. Minimum Qualifications 2.2.8 Page 45 10. Minimum Qualifications 2.2.9 Page 46 - Annual Financial Report for the Year Ending on December 31, 2013 Page 47-301 - Progressive Waste Solutions' Press Release -- Financial Results for the Year Page 302-317 Ending on December 31, 2013 11. Minimum Qualifications 2.2.10 Page 318 - Google Maps Images — Proposed Truck Route Page 319-321 12. Minimum Qualifications 2.2.11 Page 322 - Goggle Maps Image — Estimated Round Trip Distance Page 323 13. Insurance— 3.3 Page 324 - Information Only Accord Certificate Page 325 - Information Only Accord Certificate— Contractor's Pollution Page 326 Liability - Information Only Accord Certificate— Pollution Legal, Page 327 Remediation Legal 14. References — 3.10 Page 328 TAB 3 15. FORM A- 1- Public Entity Crimes Affidavit 16. FORM A-2 - Non -Collusion Affidavit 17. FORM A-3 - Insurance Requirement 18. FORM A-4 - Insurance Checklist 19. FORM A-5 — Bidder's Acknowledgement - Addendum No. 1 - Addendum No. 2 - Addendum No. 3 - Addendum No. 4 20. FORM A-6 City of Hialeah Disclosure Affidavit 21. FORM A-7 Assignment of Antitrust Claims 22. FORM A-8 Bidder's Qualifications and References 23. FORM A-9 Bidder's Subcontractors Page 329-330 Page 331 Page 332-333 Page 334-335 Page 336-338 Page 339-340 Page 341-342 Page 343-359 Page 360-361 Page 362 Page 363 Page 364-365 Page 366 Nto Progressive Waste Solutions Bidder's State of Florida, Certificate of Good Standing Per Section 2.2.1— Minimum Qualifications Progressive Waste Solutions of FL, Inc. encloses its Certificate of Good Standing from the Florida Department of State as proof that it is a licensed Corporation in good standing to do business in the State of Florida. State of Florida Department of State I certify from the records of this office that PROGRESSIVE WASTE SOLUTIONS OF FL, INC. is a Delaware corporation authorized to transact business in the State of Florida, qualified on December 1 I, 2003. The document number of this corporation is F03000006157. I further certify that said corporation has paid all fees due this office through December 31, 2014, that its most recent annual report/uniform business report was filed an March 18, 2014, and its status is active. 1 further certify that said corporation has not filed a Certificate of Withdrawal. Given under nay hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighth day of April, 2014 VRA% 0#0.0% Secretary of State Authentication ID: CU8045020304 To authenticate this certificate,visit the following site,enter this ID, and then follow the instructions displayed. https://efile.sunbiz.orgicertauthver.html Progressive Waste Solutions Bidder's Experience of Processing Recyclables Per Section 2.2.2 — Minimum Qualifications Narrative Description Progressive Waste Solutions of FL, Inc. has been providing recyclable processing services for more than five years to municipalities in Miami -Dade and Broward Counties. The names of the communities listed below along with the attached supporting documents are proof of Progressive Waste Solutions of FL, Inc.'s experience in providing recyclable processing services to communities with a population equal to or greater than 100,000. 1. Miami -Dade County— Estimated Population of over 2.5 million - Serviced since 2014 2. Hillsborough County — Estimated Population of over 1.25 million - Serviced since 3. City of Miami — Estimated Population of over 413,000 - Serviced since 2014 4. City of Hollywood — Estimated Population of over 123,000 - Serviced since 2013 MIAMeffl FWI� miamidade.gov May 28, 2014 Public Works and Waste Management 2525 NW 62nd Street • Suite 5100 Miami, Florida 33147 7 305-514-6666 111 NW 1st Street • Suite 1610 Miami, Florida 33128 T 305-375-2960 Mr. Alex Gonzalez Govemment Affairs Director Waste Management Inc. of Florida 2125 NW 10t Court Miami, Florida 33127 REFERENCE: WMI Subcontractor Agreement with Progressive Waste Solutions for Processing of Single -Stream Recyclables Dear Mr. Gonzalez: Pursuant to your email message dated April 21, 2014, Miami -Dade County hereby approves your request to subcontract a portion of the volume of recyclables collected under your processing Contract No 545E dated March 11, 2008. The proposed subcontracting agreement and Exhibit A email attachments conform to the requirements of Article 20, Subcontractual Relations, contained in your contract. Please provide the Public Works and Waste Management Department (PWWM) with a fully executed subcontractor agreement within thirty (30) days of your receipt of this letter. We look forward to a continuation of the excellent single -stream recycling service Waste Management Inc. of Florida (WMI) has provided in the past. Sincerely, ! 17 ' { ... --.,7 I Alina T. Hudak Deputy Mayor and Interim Director Public Works and Waste Management Department Enclosures: WMI Email message dated April 21, 2014 Proposed Subcontractor Agreement (unsigned) Subcontractor Agreement Exhibit A c: Thomas Robertson, Assistant County Attorney Paul Mauriello, Assistant Director for Waste Operations, PWWM Aneisha Daniel, Assistant Director for Administration, PWWM BOARD �3F COUNTY COMMISSION'. RS Kevin Beekner Vieinr D. Grist Ken Hagan ut Al I ligOnhutltant Lesley "Les' Miller, jr. Sandra L. ?1nrtMillman Murk Sharpe Ian Boyle Waste Services of Florida, Inc. 1601 North 34th Street Tampa, Florida 33605 Hillsboiou*h County Honda. Office of the County Atiminitirrator Michael S. Merrill February 4, 2013 CHIEF j0,i4LNISTRA EWE OFFI( ER Helene kinks CHIEF FINANCIAL ADMINISTRATOR Douiiic N1. %se DEPUTY COUNTY ADMINISTRATORS Lucia E. Gacsys Shaun El. Snbadm VIA FACSIMILE Fax Number: (727) 451-6234 Original By Mail RE: Bid No. ITB-S-0299-0-2012/JSW, Processing and Marketing of Recyclable Materials NOTICE OF AWARD Dear Mr. Boyle: You are hereby notified that on January 24, 2013, the Board of County Commissioners awarded your company the above referenced bid. Enclosed you will find the following: 1. Two (2) originals of Part D-2, the Agreement 2. Copies of the pages from the solicitation document pertaining to insurance requirements 3. Performance Bond Please execute the original(s) of the Agreement, being sure to have the signature witnessed as well as completion of the "Acknowledgement Page" by a Notary Public. Also, submit a completed Certificate of Insurance which verifies compliance with the requirements set forth in the contract. The County's Risk Management Division recommends that you use the enclosed ICM-015 (01/06) form for this purpose. Time being of the essence, we request that the original(s) of the Agreement, a completed Certificate of Insurance and the Performance Bond be returned to our office within 10 days in accordance with the contract requirements. G:1WFF\CONT ADM FY 12 era-S-4299-0-2012OSW) Recycling stxv:ets Notice or Award -MCC doc Post Oflics; Bore 1110 • T mp.s, Florida 33G01 wt.tv.hiflibort ughcount:,.urg �4n Jflin•�r+nn•. in�a�/l'.rtl.rlfi^tan:�ar1� }iray.;rr Ian Boyle Page 2 February 4, 2013 After execution by the Chairman of the Board of County Commissioners, a complete original contract document will be mailed to you. Should you have any questions regarding this contractual matter, please feel free to contact me at (813) 272-5790. JHAjh Enclosures cc: Lynne Fillmon, Manager, Contract Administration and Assistance Group, Public Utilities Department 0: WPFCONT AOM FY 12 ITS-VIM-0-2012(JSW) ltccycl,n^, Services Noticed Award-ROCC doe (Reel$,cd 10-I6-08) City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.mlamigov.com File number: 13-01413 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF RECYCLING SERVICES, FROM CHOICE ENVIRONMENTAL SERVICES OF BROWARD, INC., ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING BROWARD COUNTYBID CONTRACT NO. G0924908131, EFFECTIVE THROUGH DECEMBER 31, 2016, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY BROWARD COUNTY. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The procurement of Recycling Services, from Choice Environmental Services of Broward, Inc., on a Citywide, as -needed contractual basis, under the existing Broward County Bid Contract No. G0924908B1, effective through December 31, 2016, subject to any extensions or replacement contracts by Broward County, is authorized. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.(1) APPR o VED AS TO FORM AND CORRECTNESS: VICbRIA M NDEZ CITY ATTORN EY Footnotes : {1) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miuml Page 1 of 1 Fife Id: 13-01413 (Version: 1) Printed On: 12/27/20I3 City Commission Meeting Minutes January 23, 2014 13-01423 Summary Form.pdf 13-01423 Award Recommendation Form.pdf 13-01423 Memo -Recommendation of Evaluation Comm..pdf 13-01423 Memo - Selection of Evaluation Comm..pdf 13-01423 Legislation.pdf 13-01423 Exhibif.pdf Motion by Commissioner Samof, seconded by Commissioner Carolio, that this matter be ADOPTED PASSED by the following vote. Voles: Ayes: 4 - Commissioner(s) Gort, Sarnolt', Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez RE.2 13-01413 ,department of Solid Waste R-14-0030 Chair Gort: FR.3. Commissioner Carollo: FR.3, I think, is a time certain for 4:30. ilctoria Mendez (City Attorney): Correct. Clrair Gort: I didn't have that, okay, Then we go to RE (Resolution). RE.1. Amy Klose: Good morning. Amy Klose, director of Human Resources. RE. I is a resolution accepting the recommendation of the City Manager; approving the findings of the Evaluation Committee to provide and administer the examination process for the classification of entry-level firefighter EMT (Emergency Medical Technician); further authorizing the City Manager to negotiate and execute a PSA (Public Service Announcement). in substantially the attached form. with ISO Solutions. Chair Gort: Okay. Commissioner Sarnoff So moved Chair Gort: Been proved -- Commissioner Corolla: Second. Chair Gort: -- by Commissioner Sarno.f); second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Klose. Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF RECYCLING SERVICES, FROM CHOICE ENVIRONMENTAL SERVICES OF BROWARD, INC., ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING BROWARD COUNTY BID CONTRACT NO. G0924908B1, EFFECTIVE THROUGH DECEMBER 31, 2016, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY BROWARD COUNTY. City ofMiarni Page 34 Pruned nn 2 24 2t114 City Commission Meeting Minutes January 23, 2014 13-01413 Summary Form.pdf 13-01413 Back -Up Documents.pdf 13-01413 Legislation.pdf Motion by Commissioner Samar, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Voles: Ayes: 4 - Commissioners) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-1 4-0031 Chair Gort: RE,2. Keith Carswell (Director, Solid Waste): Good morning. RE.2 is an award of a piggyback contract with Choice Environmental Services, which has been renamed to Progressive Waste Solutions for processing the City's recycling material. Choice Environmental bidded an a contract in Broward County. Choice then merged with WSJ, Waste Services, Inc., and Waste Services changed its name to Progressive Waste, so that's the name change. But other than that. it's the same entity. We're actually utilizing a transfer facility, which is where we were going to with the contract that we had with WSI, Chair Gorr: Okay. Thank you, Commissioner Sartre' So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner SarnoJ second by Commissioner Carollo, Discussion. }es, sir. Joe Simmons: Just a quick comment. Just for the record. this item, we understand, is for receiving services. receiving our material, and we're going to continue to collect the material, as stated -- as current. Because there was a item that talks about residential and commercial collection, we want to make sure that, for the record, Solid Waste employees going to continue to collect that material in the residential areas. Chair Gort: That was my understanding. Commissioner Carollo: Mr. Chairman. Chair Gort: }es. Mr. Carswell: That is correct. Commissioner Carollo: Yeah. And 1 think -- you know, i think we should add a little bit more to the record. The reason why were doing this is because, right now, with the company that we're doing the recycling with, we had some type of contract that we needed to have only 10 percent or less of dirty recycling trash, and it appears that we have more. Commissioner Suarez: Way more. Commissioner Carollo: And - way more, and therefore, we need to go to another vendor. which is Choice, correct? Mr. Carswell: Correct. Commissioner, there's a State provision that, basically. when you look at recycling. If it exceeds 10 percent of contamination, then its considered garbage. even though City of l4ta r+ Page 31 Printed un 2 2.t 2014 City Commission Meeting Minutes January 23, 2014 it's a recycling program. So the contents of the container, if it exceeds 10 percent of contamination, even though it's a recycling program. it's considered garbage. And so we have -- we were -- Waste Management, under the contract. advised us of the concern. We met with them for a period of probably a goad month and a half frying to resolve the contamination issue. We mutually agreed to part ways We didn't get to a point where we were in default. I'm not — one could interpret. We didn't get to that point that the City was in default. And once being notified whether or not we took measures to resolve the issue of default, we never got to that point. We worked amicably with them. They're actually here in support of this. We actually looked around in terms of options for the City. We looked at the contract with Miami -Dade County. which pays $12.47 a ton for 95 percent of the waste. The contract with Progressive, or Choice, as is noted here, actually, currently pays us S24 a ton for the material. 1t is subject la market. In looking at the six-month history under the contract with liroward County, it hasn't been below $22 a ton iire will continue to collect the recycling curbside by the Solid Waste employees. We will take it to a — one of maybe two facilities in Dade County that you can take it to, 'cause it's pretty much a captive market, and Solid Waste employees will continue to collect the material and take it for transfer. Chair Gar:: i think recycling -- Commissioner Suarez: Mr. Chair. Chair Gort: -- is becoming very important, and 1 think you should explain the savings for the City of Miami, and not only in the tonnage put away that we have to pay for it, but the amount of money that we receive, the revenues that we receive. Mr. Carswell: Right. Chair Gori: At the same time, I've always stated we need educational program. Mr. Carswell: }es. Chair Gan: Like a lot of people don't understand. Contamination could be — let me give you a simple example. Contamination could be you get a pizza, you get the box; the box, you can recycle it, but it's got ingredients inside so that is considered contamination. So 1 think it's very important that we continue to send letter and -- in my home, I know my avife always cleans out all the bottles and everything. You do that, the only way it is accepted. Commissioner Sarnoff.• Mr. Chair. Mr. Carswell: Right, Chair Gori: Yes, sir. Commissioner Sarnoff" You know, a bit of irony. I don't know how many people here — most of us put plastic containers in their garbage and, equally, plastic containers in our recycling. 5o who puts plastic containers in here? No one. Not that many. All right, if you put a plastic container in your recycling and you put just plastic clean bottles that even your wife, you know, cleaned out, and they go in that and get tied up, as most of us do, that is considered unacceptable recycling, and that's what's creating this 30 percent as opposed to 10 percent. And somehow. we need to educate everyone, because we try to figure out, "Well, isn't $here a way that they can just accept, you know, the plastic bottles that are all wrapped up in the plastic container?" And the answer is "no," because of the way they shake it out of their system. So, you know, categorically. on the record what the Chair's wife does is correct, and she's even so correct as to not put it in a plastic bag. Once you put that in a plastic bag, it becomes unacceptable waste, and that goes to our 30 percent, which required us then to get into a new City afMraaa Page 36 Printed an 2 24 2014 City Commission Meeting Minutes January 23, 2014 contract, period So it's imperative that when we go to throw out our plastic bottles or anything else, we cannot bind that, you will, in a plastic container and then put it in our blue recycling bin or the great big cans, i should saySo what seems -- it's a very counter -intuitive thing, 'cause most of us think, "You know what? I'm putting plastic inside of plastic. My gosh, what a great idea. This whole thing is now recyclable." As soon as we close that, it becomes unacceptable. Mr, Carswell: And -- Chair Gort: Commissioner Carollo. Commissioner Carollo: Yeah. i think education is the key. I don7 know if with this contract we need to be so concerned as far as our contamination. But at the same time. we want to be able to recycle as much as possible, so i think education is going to be key. And I think -- because I wasn't aware of what Commissioner Sarnoff just said, so l think education is going to be key, and we had money set aside for education. Mr. Carswell: Commissioner Sarnof is absolutely correct. We -- the calendar got delayed this year. Typically, I would like to have had the calendar out two weeks ago. h should go out, hopefully. next week. There is an educational component on what goes in and what shouldn't go into the container. Additionally, we've purchased bumper stickers, 'cause plastic bags are an issue, and think of it from this standpoint. The recycle material goes to a facility, and there's a huge conveyer belt. and you have people standing on each side of the conveyer belt pulling materials that are discarded or shouldn't go into the works of the machine. Sometimes those plastic bags can be dark. They can have needles. They could have other types of materials that can be lrarmf rl to the workers Ural are standing on the conveyer belt. Also, beyond that. the machines, they have tumblers, The plastic bags actually gets wrapped around the gears. and so every so often, depending on the amount of contamination. they have to strut down the operation. 1t takes them about two hours; put someone in one of the conveyers and go and cut out the plastic bags that have kind of gummed up the woks. So -- and so, it becomes a problem for those that are processing our recycling material from a safety standpoint with their workers, as well as a cost 10 shutting down production. Now, the benefit to the City, aside from the environment, which 11 extends the useful life of existing landfills, because now the material that would otherwise go into a landfill is now being reprocessed. reused; your milk containers, your alruninums, your cardboard, so all of that stuff is being recycled, which preserves resource — the earth's natural resources. Now, the financial benefit is that for every tan that's taken to a recycling facility and doesn't go into a landfill, we don't pay the County somewhere around $80 a ton just to be -- dispose of it, and we pay the County somewhere in excess of $9 million a year just to take our garbage. So the more we recycle, the more we divert from a landfill, we're not only extending the useful rife of the landfill; we're also saving the City money in terms of tipping fees, and then the added benefit is that we get revenue on the material. So we get, right now, $29 a ton. So if you take a look at the 80 -- let's say $80 a ton for disposal cost, plus $27 that we're getting for recycling, or 29, we actually saving a hundred and some dollars a ran. So it's something that's not only good for the environment; it's also good for the Ciry's finances and also resources. Commissioner Carollo: Mr. Chairman. Chair Gory Thank you, sir. Yes. Commissioner Carollo: 1 want to ask. are we too far along the process to sort of maybe try to renegotiate with the current company that we have a contract with and maybe try an education. you know, type program so — to see if we could actually bring that contamination down? 1 know it's quite high. but 1 believe a lot of that is going to be plastic bags. 1 mean, I sort of wish we knew about this beforehand so we would have -- and we had the money set aside for education. C+ry nf,4ltarn+ Page 37 Printed on 114 2014 City Commission Meeting Minutes January 23, 2014 the would have tried educating the public, because, as it is, I didn't even know about -- Commissioner Suarez: 1 didn't either. Commissioner Carollo: -- put — including, you know, any plastic containers in a plastic bag, automatically that voids it; that that becomes contamination. And 1 would think -- if don't know about it, Commissioner Suarez doesn't knit' about it, I would think most of the =- of our residents don't know about it, so I'm wondering, realistically, we've doing sort of a disservice that, you know, we shouldn't have used some of that money set aside for education to actually educate the public and try to see if we could continue with the current company, which -- Commissioner Suarez: That's giving us more money. Commissioner Carollo: -- it's a pretty favorable rate. Commissioner Suarez: Yeah. Chair Gorr: Commissioner Suarez. Commissioner Suarez: No, I don't want to beat the dead horse. 1 mean, everyone's pretty much -- 1 think we're all in agreement that education is the key, because we were all startled when -- not really started, but 1 think we were surprised in a certain way to see our citizens embrace this program so vigorously, and in an urban city, you know, sometimes you wonder, you know, are the elderly going to embrace it? You know, are — you know, 'cause it's a new kind of thinking, and it's a new way of categorizing what you do on a daily basis. Just something to put in my — and I agree a hundred percent with what Commissioner Carollo just said, particularly given the favorability --1 was a little disappointed when I first saw this item because it's costing us a lot of money, and my first thought was, is there anyway that we can come into compliance? }ou know what ! mean? Is there a way that we can find the way =- and 1 don't know, because we do have a very large elderly population in the — you know, and there may be a situation where they just have difficulty -- for example, f someone lives in an apartment on the second floor, maybe the only way they can transfer those bottles is in a garbage bag, and so then they bring it and they put it in — and they don't really have the dexterity to unload the garbage bag and -- or bottle by bottle might take forever, you know, so there could be some practical issues them. I think we do, definitely, need to do a better job of educating. And one thing that I will put in the mind of the Commissioners -- and I did mention it to the Administration when I briefed — right now, the way we have it structured is we do a recycling pickup once every other week and garbage pickups twice a week; is that correct? Mr. Carswell: Correct. Commissioner Suarez: Right. So we've always struggled with -- we never want to reduce services in the City of Miami, because that's kind of a no -no, and it doesn't sound right, and it doesn't look right, brit something to think about, to ponder, is the possibility of doing one garbage pickup and one recycling pickup per week, rather than two garbage pickups and one recycling pickup every other week What that does is that encourages people to recycle, because they're going to be picking up their recycling more often, which creates revenue, and it obviously reduces our need to actually pick up garbage and spend S80 a ton, you know, an tonnage fees. So it kind of makes it a 50-50 game. And then you have, of course, the once -a- week bulky pickup, which 1 think a lot of people rely on, particularly in areas like the Grove where there's a lot of vegetation, which 1 don't think anybody would want to go away from at this point. But 1 think that could have a tremendous net savings, plus income to the City of Miami, and obviously, combination with an educational campaign, you know, if we could keep that S40, you know, a ton — it's a little frustrating. But look, these things are going to happen when you start a new program. I commend the director. The director had the vision, along with the former Chairman, Ciry ofMwmt Page Pt Printed cm 2 24 2014 City Commission Meeting Minutes January 23, 2014 the Commissioner, to spend this money al a time when everyone drought it was crcay to spend millions of dollars on a big capital improvement. and it's paid back dividends, and i thank our citizens are very appreciative of the fact that they can really recycle now, because before, it was just those little bins. Nobody — l didn't even have one before. to be honest with you, which is kind of embarrassing to admit that 1 didn't even have one of those little bins. Now everybody has one, and the people are embracing the program very much. Chair Gort: Commissioner Hardemon. Vice Chair 1lardemon: Yes. In response to the garbage pickups less frequently, I'm not too sure about that. I mean, when ! think back about — when 1 think ofthe -- Commissioner Suarez: That's something to think about. f 7ce Chair Hardemon: -- when I think back into -- Chair Gort: Pm not either. Commissioner Suarez: Something to think abort. Tice Chair Hardemon: — the days in the County, especially in District 5 where garbage was piled all over the street -- Commissioner Suarez: Yeah, lice Chair Ilarrlemon: -- and there was a major -- Commissioner Suarez: Yeah, I — lice Chair Hardemon: -- concern and there was an urge, 1 believe. by a County Commissioner to bring your garbage to the County building and — Commissioner Suarez: And just drop it right there. lice Chair Hardemon: -- so 1 don't want -- Commissioner Suarez: Until they get the point. lice Chair Hardemon: -- those type of problems for my community. However, I do have some questions in reference to the contract. When we look at page 25 of 64 within the contract, there is a reference to other government entities and it asks, specifically, the undersigned bidder will — the question is, "The undersigned bidder will extend the same price terms and conditions to other governments located in Broward County during the period covered by this contract, if requested." The answer was "no." And then kfurther extends it to, "Will this pricing be extended to other governments located in Dade or Palm Beach Counties? And the answer is "no." And so my question then becomes -- and I don't know it City Manager, _gnu can help me with this — is whether or not -- how was it possible that we are piggybacking from a contract that specifically stipulates that it is not — llhe prices are not going to be extended? Pablo Velez (Procurement Supervisor): Good morning, Commissioners. Pablo Velez for the Procurement Department. Since it is a piggyback, we have to accept the very same terms and conditions that the contract provides, which goes to answer the earlier point regarding the potential of renegotiating rates or anything to that effect. It's not an option. Commissioner SarnoQ.- 1 think his question might be a little different. City ofMtani Page 39 Printed an 2 24 IOi{ City Commission Meeting Minutes January 23, 2014 Commissioner Carollo: Yealr, Commissioner Sarnoff You don't — can 1 take a shot? Chair Gort: Yeah. Commissioner Sarnaff Florida Statute --1 may need to give you the Florida Statute that says you can piggyback So even though I think you're saying the contract says you can't, you can. We get the same terms and conditions as Broward would get rn terms of rates and pay. 1 ice Chair Ilan:lemon: So is that how you understand it 10 be? Mr. 1 e1e_: I'm sorry, Commissioner: if you could — Vice Chair Hardemon: Well — Daniel J. Alfonso (Chief Financial Officer/Assistant City Manager): Daniel Alfonso. Let me jus, clarify. I Think that the contract language says that we will not extend it, but if we reach out to that company and say, "Will you allow us to?" and they accept, then it is something that we can piggyback on, and they have accepted. And I think that's the question that you asked. lice Chair Hardemon: Okay, that's more clearly put. And then my second question —1 know there are a number of waste recycling contracts that are -- I mean. that have been negotiated in 11re recent past, so 1 know you named a few of them that you considered before extending this contract, but were there any -- for instance, can you tell me whether or not you looked into, for instance, the City of Hollywood's waste recycling contract? Mr. Carswell: The issue with going outside of Miami -Dade County, even the City of Miami, is that you need afacility to gel it to. I can't put trucks on 1-95 to go to Broward to come back to finish a route. In Dade County. 1 can tell you ofjlrand that there really -- it's a captive market. oligopoly, for the most part, 'cause there are really two transfer stations: maybe one other ecological waste maybe in Opa-Locka. I'm not sure. But there is Ptngressive Waste and Waste Management and that's it in terms ofa permitted transfer facility. So what we do is that we take i1 to one of those facilities; we tip or we dump; and then we get back on die route. To go outside of Dade County would mean that I would need more trucks, more people. Nits( wouldn't be cost effective. Commissioner Suarez: More gas. Vice Chair Hardemon: Understood In reference to Waste Management, was there a contract — we just — was there an RFP (Bequest for Proposals) that went out for Waste Management recently, like maybe June or something of that nature, where they would participate in a RFP? Mr. Carswell: There was -- the contract for the recycling was awarded in January of last year. 1 ice Chair Hardemon: Okay, Mr. Carswell: And we -- there was a provision that said that if contamination exceeds 10 perrenl, then -- which followed some language in State Statute, so we couldn't argue with that as part of the negotiations. They approached us, advised us of the contamination concern -- 1 ice Chair Hardemon: "They,'' meaning Choice? We're talking about Choice. Mr. Carswell: Not Choice, but Waste Management. CryafMtam, Page as PnnicJ an 2 2.12014 City Commission Meeting Minutes January 23, 2014 1 ice Chair Hardemon: Waste Management. Air. Carswell: Okay, I'm just trying to -- So as part of the negotiations, they presented a mitigation. The mitigation that it proposed actually had us paying them money for disposal, so we just could not agree on dealing with the contamination that exceeded the 10 percent So then that put us in -- put me in a box in terms of trying to identify alternative locations. Agar, there's only maybe one other game in town. We worked with Procurement in iderrtifytirg a contract with the other transfer facility, which is Progressive — which is now Progressive. There's a contract they had with Choice in !froward County, again, through the merger. It's the same entity. And under the guidance of Procurement with Law, we were advised that we can piggyback off of this contract. From drat standpoint, then we looked at the rate, and 1 also looked at the County. The County is currently paving Waste Management $12.47 per ton for 95 percent oldie tonnage that goes. The 5 percent difference is far any kind of contamination. So i looked at the 12.47, which I liked from a -- well, 1 don't like the number, but I like a fixed dollar amount for budgeting purposes. And then I looked also then at the proposed contract based on composition, which can fluctuate, but irr looking at the six-month history of the contract with Broward, it's almost twice what we were getting with the County, potentially. Chair Gori: But at the same time, this contract does not have the contamination? Mr. Carswell: Correct, it doesn't have the contamination, correct. Commissioner Sarno(].' Mr. Chair. Chair Gori: Yes, sir. Commissioner SarnofJ: l just want to make nvo points, one of which is we always seem to be talking green here. and it usually is dollars and sense. but there's also a sustainable green issue There are two Commissioners and ire Chair who have very young children -- of course, Commissioner Carollo, and of course, Commissioner Suarez is about to have a child, and you have grandchildren. And what 1 want to visit is just the sustainabll ity of this program, and for a city of our size to actually be recycling provides a great environment for your grandchildren and children so that, you know, we become a sustainable society, and 1 don't think that's been said and mentioned, and that was my primary reason for wanting to do this. The second thing I'd like to say to the. Manager is — and 1 don't ordinarily sing the praise, Mr. Manager, of your employees. However, Keith Carswell is an absolute dream to deal with, from a Commissioner standpoint. He has the information. As you would say, he has the data, but he also has the information and as you like to call it, "drip. " So I just want to say that Mr. Carswell comes with all the answers to the questions you have -- Mr. Martinez: Well, we still need to answer one more question. Commissioner Sarnof Which is? Commissioner Corolla: Yeah, we -- Mr. Martinez.: (UNINTELLIGIBLE) -- Commissioner Carollo: — which 1 still have -- Mr. Martinrez: -- negotiate with the existing vendor. Commissioner Carollo: (UNINTELLIGIBLE). Are we too far gone? Ctry afMiamr Page 41 Printed on 2 24 2014 City Commission Meeting Minutes January 23, 2014 "ace Chair fardemon: You need to answer that. Chair Gort: (UNINTELLIGIBLE). Exouse me. (UNINTELLIGIBLE). Mr. ,1 farlines: And I think that the Procurement guy should do rhir. Chair Gorr: No, wail a minute. Excuse me. Are you finished, Commissioner Sarngf? Commissioner Sarnoff.- Oust -- you know, I don't usually sing the praise of employees. and Oust want to say Mr. Carswell is a pleasure to deal wait -- Mr. Carswell: Thank you. Commissioner Sarngft -- and I commend you on -- Mr. Martine:: Ile's phenomenal. Commissioner Sarrrof -- you know, his directorship. Iles -- from the beginning of the time of negotiating this to even when Ire had to modify i1, he has an -- grasped an understanding -- you know. he's got a strategy, a plan, and a conviction, and that's all you can ask for from any director. Chair Gam: Yes. Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: The question that's been asked by two Commissioner is. "Can we renegotiate the existing contract?" My understanding also, they were trying to explain that the existing contract, there's an agreement between the City and the carrier. Could you please go over that? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, Commissioner Carollo: My original question, what it really is, is we have an existing contract right now. Chair Garr: Right. Commissioner Carollo: Is there -- is it possible, instead of -- Chair Gorr That's what I nr — Commissioner Carollo: -- breaking the contract or — and mutually parting our ways, is there a way that we could have some type of grace period of a month or two months or three months where we have the monies to educate the public and see if we could get our contamination of that 10 percent level? Mr. Carswell: I just spoke with Waste Management, and they have an interest in just us parting ways. Chair Cori: Okay, that answer your question? Mr. Carswell: But it's amicable. Hie just didn't agree on some of the proposed mitigation, and we think that -- you know, they feel it's in the best interest of both parties. Cny of,Nlamr Page 42 Printed on 2 24 2044 City Commission Meeting Minutes January 23, 2014 Chair Gorr: Aly understanding, when you asked the question about the REP that was answered last year, you were going to answer there was an issue that either one of the parties of any time ivhen both agreement could do away with the contract. Alr. Carswell: Correct, Chair Gort: Could you state that, please? Alr, Carswell: There is a — this is more along -- after the first year. the City can terminate the contract for convenience, but this isn't a termination. This is -- after the first year. life have been Chair Gort: Amicable agreement between the lwa parties. A•!r. Carswell: Right, we -- it's an amendable [sic] agreement between the both parties that we part ways. Chair Gort: Thank you, sir. Any further discussion? Any further discussion? Being none, all in favor. state it by. saying "aye." The Commission (Collectively): Aye. Chair God: Thank you. RE,3 RESOLUTION 14-00011 Office of the City .A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY Attorney CONFLICT OF INTEREST THE LAW FIRM OF MORGAN, LEWIS & BOCKIUS LLP, WOULD HAVE TO ENABLE IT TO REPRESENT JP MORGAN CHASE IN PROCEEDINGS CONTEMPLATED TO BE FILED BY THE CITY OF MIAMI IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, AND TO CONTINUE TO PROVIDE REPRESENTATION TO THE CITY OF MIAMI IN CONNECTION WITH PROCEEDINGS FILED BY THE SECURITIES AND EXCHANGE COMMISSION IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA. 14-00011 Memo - Office of the City Attomey.pdf 14-00011 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardomon, that this matter he ADOPTED WITH MQDiFICATIONS PASSED by the following vote. Voles: Ayes: 4 - Commissioner(s) Gorr, Sarnof1; Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0032 Hoe Chair llardeman: RE, 3. Victoria Metlde: (City Attorney): Thank you, Commissioners. This item is basically waiving a conflict of interest at the law firm of Morgan, Lewis & Backus, would have to enable it to represent JP Morgan Chase in proceedings contemplated to be filed by the City. Basically, the CilyAttorney's Office, with outside counsel, filed a lawsuit against JP Morgan Chase and several other banks based on a resolution by this Commission. And we also have the firm of Morgan, Lewis & Backius on retainer as a consultant for a SEC (Securities and Exchange Commission) ( ey of Miami Pig -ri Printed <in 2 24 1014 1 AGREEMENT BETWEEN CITY OF HOLLYWOOD, FLORIDA AND PROGRESSIVE WASTE SOLUTIONS OF FL, INC. F/K/A WASTE SERVICES OF FLORIDA, INC. FOR RECYCLABLES PROCESSING SERVICES This Agreement made and entered into this T " day of in , 2014, by and between the CITY OF HOLLYWOOD, FLORIDA, a municipal corpora ion of the State of Florida (hereinafter "City") and Progressive Waste Solutions of FL., Inc. f/k/a Waste Services of Florida, Inc., a Delaware corporation authorized to do business in the State of Florida (hereinafter "Vendor"). WHEREAS, City issued Invitation for Bid No.4365-13-IS (hereinafter the "IFB") for Solid Waste Disposal Services, including Recyclable Processing Services; and WHEREAS, Vendor submitted a proposal in response to the IFB for Recyclable Processing Services; WHEREAS, Ecological Paper Recycling, Inc. was originally selected to provide the Recyclable Processing Services, but Vendor has subsequently been requested to do so based on representations made by the City; NOW, THEREFORE, in consideration of the mutual promises and understandings set forth herein, the parties hereto agree as follows: ARTICLE I INCORPORATION OF DOCUMENTS The IFB, including any addenda thereto, the proposal submitted by Vendor, and the Purchase Order, if applicable, (hereinafter, collectively, the "IFB Documents") are attached hereto and incorporated herein in their entirety. Except as otherwise provided in this Agreement, the parties shall comply with the terms and conditions set forth in the IFB Documents. In the event of conflict, the terms of the IFB shall prevail. ARTICLE II TERM The Effective Date of this Agreement shall commence upon execution of the Agreement by the parties. The term of this Agreement shall commence on May 8, 2014 and expires on July 2, 2018. This Agreement may be renewed at the option of the City with the concurrence of the Vendor, for two (2) additional terms of five (5) years under the same terms and conditions as the initial term, including amendments. Any and all renewals are subject to City Commission approval, ARTICLE III SCOPE OF WORK In accordance with the IFB Documents, Vendor shall perform any and all Recyclables Processing Services as set forth in the IFB Documents and as set forth in Exhibit "A" attached hereto and incorporated herein by reference. ARTICLE IV REVENUE In accordance with the IFB Documents, Vendor shall remit City Program Recyclables Revenue in an annual estimated amount of $226,560.00 payable in monthly installments. Said revenue payments shall be in based upon the requirements, calculations and formulas set forth in the IFB Documents. ARTICLE V REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement will be held in Broward County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise hereof. ARTICLE VI SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE VII ENTIRETY OF CONTRACTUAL AGREEMENT This Agreement, together with the attachments hereto, sets forth the entire Agreement between the parties, and there are no promises or understandings other than those stated herein. None of the provisions, terms or conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE VIII NOTICE 2 All notices required shall be sent by certified mail, return receipt requested. If sent to City, such notices shall be mailed to: with a copy to: Sylvia Glazer Director of Public Works 1600 South Park Road Hollywood, Florida 33021 Jeffrey P. Sheffel, City Attorney City of Hollywood 2600 Hollywood Boulevard, Room 407 Hollywood, Florida 33020 and if sent to Vendor, such notices shall be mailed to: Damian Ribar, Area Manager Progressive Waste Solutions of FL, Inc. 3840 NW 37th Court Miami, Florida 33142 with a copy to: IESI Corporation 2301 Eagle Pkwy., Ste. 200 Fort Worth, TX 76177 Attn: Legal Dept. ARTICLE IX THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Vendor. ARTICLE X CITY'S REPRESENTATION City acknowledges that Vendor is only entering into this Agreement based on the City's representation that its contract for the Recyclable Processing Services with Ecological Paper Recycling, Inc. will terminate on May 7, 2014 and that Vendor shall not be liable for any revenues or Liabilities owed to City prior to the Effective Date for the Recyclable Processing Services. City agrees, to the extent allowed by law, to indemnify, defend, and hold harmless Vendor from any and all causes of action, liabilities or damages arising out of City's award of this Agreement and the Recyclable Processing Services to Vendor. 3 ARTICLE XI. ACCEPTANCE IN WITNESS WHEREOF, the parties hereto have set their hands and official seals the day and year first above written. P ; icia A. Cerny. MMC City Clerk APPROVED AS TO FORM & LEGALITY for the use and reliance of the City of Hollywood, Florida only. fel, City orney 4 CITY 0 muni By: P DEPAR YW 3NT OF FI , FLORIDA, a the State of Florida ANCIAL SERVICES Matt Lalla, Director of Financial Services Progressiv-� aste Solutio • f FL, I By: Damian Ribar, Area Manager Progressive Waste Solutions Bidder's Designated Recycling/Processing Facility Per Section 2.2.3 — Minimum Oualifications Narrative Description Designated Recycling/Processing Facility: Miami Recycling Facility (MRF) 3840 N.W. 37th Court Miami, FL 33142 Progressive Waste Solutions of FL, Inc. ("Progressive") owns and currently operates the Miami Recycling Facility ("MRF"), a facility that meets the requirements set forth in section 2.2.3 of the City of Hialeah's 1TB No. 2013-14-9500-00-011. This facility has been operable for more than five (5) years and is permitted to receive just under 500 tons per day. The facility is operated by trained and qualified personnel whom have extensive industry experience in Program Recycling/Processing and various other waste handling areas. Progressive's Program Recycling/Processing facility is equipped with some of the latest technologies as well as some of the most efficient processing equipment in the industry. Our MRF currently provides similar and more extensive services to many of the local municipalities in Miami -Dade County and other out of county municipalities as well. Progressive has been providing these services for more than five (5) years and Progressive is referred to as one of the experts in this area of recycling. • Progressive does not have any outstanding compliance issues, including but not limited to notices of violations, consent orders, building code violations, or similar matters at its owned and operated MRF site. • Progressive has attached the corresponding permits/licenses for its MRF. MIAMI COUNTY miamidade.dov PERMIT 1los SW-1102/ FILM 369 PROGRESSIVE WASTE SOLUTIONS OF FL, INC. 3940 NW 37 CT Hialeah, P1. 33012 FERMITIlm Ms. R.'Olson lieCaeh 3960 State !Read 94, SUITE 1103 Ft. Lenderdale, FL ma SOLID WASTE ANNUAL OPERATING PERMIT Regulatory and Economic Resources Environmental Resources Management 701 NW 1st Court • 7th Floor Miami, Florida 33136-3912 T305-372-6600 F 30S-372489.S DESCRIPTION OF FACILITY / EQUIPINEXT This document, issued under the provisions of Chapter 24, Miami -Dade County Environmental Protection Ordinance (MDCEPO), shall be valid from November 21, 2013 through December 31, 2014. The above named, is hereby authorized to operate the facility at the above location which &insists of the following: A 1.0 acre, 499 tone per day recycling facility for office and mixed paper, corrugated paper, newspaper, and household type metals, plastics and glass. This facility is aubject to conditions listed below and in the following pages of this permit. FACILITY OPERATIONS 1. The recycling facility shall be operated in strict accordance with the permit application dated June 11, 1990, application for transfer of permit dated June 6, 2007, notification of corporate name changed dated July 01, 2013 and as amended by this permit. 2. The facility shall be operated in Strict accordance with the Miami -Dade County Department of Public Works and Waste Management (PWWM) memorandum dated September 27, 2013. 3. The stormwater management system shall be maintained in accordance with the RER Clare VI Permit number SWM•9710101. 4. 24-hour access control shall be maintained along the perimeter by means of a physical barrier (i.e., berm, wall. fence, etc.) and at the entranoe(a) (i.e., locked gate, guard. etc.). 5. A representative of the operator, knowledgeable in the permit conditions, shall be on Elite whenever material is received, handled or removed. 6. Material accepted shall be limited to office and mixed paper, corrugated paper, newspaper, and household type metals, plaatica and glass. 7. Materials shall be tipped and stored within the roofed areas. Miami -Dade unty Dap e - of Regulatory and Economic Resources Ael Hear . r of Environmental Resources Management Page 1 of PERMIT NO: SW-Lid2/ FILES 14560 PROGRESSIVE WASTE SOLUTIONS OF FL, QIC. PRAIIVITEM 11r. R. Shawl ltceash 2860 Atato Road 94, Spite a 103 Ft. LouderdeLe, FL 33812 8_ Unacceptable and prohibited materials (e.g., garbage, hazardous wastes, etc.) inadvertently accepted shall be temporarily stored in containers to prevent apillages and potential storm water, ground. and/or groundwater contamination. Storage time shall be as follows: forty-eight hours (48) hours for Class 1 waste and hazardous materials, and thirty (30) days for all others. Materiale shall be disposed of at an approved and permitted site. 9. A licensed hazardous waste handier shall be contacted to inepect segregated potential hazardous waste. If deterauned to be hazardous, arrangements shall be made to transport said waate via a licensed hazardous waste transporter to an approved hazardous waste disposal site. Any hazardous waste which is received by the facility shall be managed in accordance with the provisions of Chapter 62-730, FAC. 10. All wastes from facility operation shall be stored or disposed of in compliance oath County, State, and Federal regulations, and guidance documents. 11. Dust suppression; odor and litter control; and other measures shall be implemented, as applicable, to prevent nuisance conditions as defined in Chapter 24, MDCEPO. 12. A determined nuisance, as defined in Chapter 24, MDCEPO, public health threat condition, or abnormal occurrence (e.g, fires, esplaaions, spills) may result in orders for immediate corrective action in accordance with Section. 24-7(15)(a) of the MDCEPO , possible modification to the operation, revocation of this operating permit and/or closure of the facility. Any abnormal occurrences shall be reported to RER within 24 hours, and records shall be kept pursuant to Section 24.20, MDCEPO. PR©HIHITIOMS 13. Open burning is not permitted at this site in accordance with Section 24-41.5 of the MDCEPO. 14. No violations of the Miami -Dade County Water Quality Standards or Cleanup Target Levels (aria) as provided in Chapter 24-44, MDCEPO. shall occur as a result of the facility operations. Violations of said standards or Cults may result in orders for immediate corrective action. possible modification to the operation, revocation of this operating permit and/or closure of the facility, REPoRT1Nia / MONITORING REQUIREMENTS 15. A Mog%bly Operating Report MOR) shall be submitted to the Environmental Evaluations Delegated Programe of the Pollution Regulation Division (PRD) of RER with the types and quantities of waate received and removed off -site and a truck log report with supporting disposal receipts. Said MOR shall be submitted by the I5th of the following month on the Operating Report form provided by RER and hereby attached to this permit. These reports shall be submitted to the following address: Attu: Patti Emad Envnrottmental Evaluations Delegated Programs Section Pollution Regulation Division Department of Regulatory and Economic Resourcee 701 NW In Ct. Miami, Florida 33136 Page2of5 PER =IT 1403 SW 1l03/ PU.Ro 14860 PROGRESSIVE WASTE SOLUTIONS OF FL, INC. PERMITTEE: Mr. R Shaun *cCach 3860 Stato Road 84, Suite 1103 Ft. Lau4ord.l., FL 33312 16. The Groundwater Monitorinu Reports shall be submitted to the Environmental Monitoring and Restoration Division (EMR) in accordance with the moat current RER approved groundwater sampling plan. Sampling and reporting requirements may be modified by RER as needed. Semiannual reports shall be submitted on or before July 31 and January 31 of each year and shall include the following: i) A detailed summary of the site history and operations; i1) The facility name and identification number, sample collection dates, and analysis dates; All analytical results, including all peaks even if below applicable Cleanup Target Levels; iv) Identification number and designation of all ground water monitoring points; v) Applicable water quality standards; vi) quality assurance, quality control notations; vii) Method detection limits; viii) Water levels recorded prior to evaluating wells or sample collection. Elevation reference shall include the top of the well caning and land surface at each well site at a precision of plus or minus 0.01 foot (using a consistent nationally recognized datum); ix) An updated ground water table contour map signed and sealed by a Professional Geologist or Professional Engineer with experience in hydrogeologic investigations, with contours at no greater than one -foot intervals unless site -specific conditions dictate otherwise, which indicates ground water elevations and flow direction; x) OriginaI laboratory reports which include all information required in Chapter 62-160.340, FAC; xD Copies of the completed chain of custody records: xii) Copiea of the completed water sampling log forms; xiii) A aummary of any water quality standards or criteria that are exceeded. xiv) A scaled site map that shows all pertinent surface and subaurface features such as monitoring wells, buildings, land cover, streets, right-of-ways, locations and elevations (if eignificantly different) of property boundaries and eurround.ing propertiee, utilities, sewers, floor drains, and subsurface atormwater drainage structures present. These reports shall be submitted to the following address: Attn: Wilbur Mayorga. P.E., Chief Environmental Monitoring and Restoration Division Department of Regulatory and Economic Resources 701 NW 1" Court, 4th Floor Miami, Florida 83136 17. RER shall be contacted, in writing, three (3) working days in advance of all sampling events. All sampling event notifications shall be sent to the Environmental Monitoring and Restoration Division via fax at (305)372-6'982 or via email at DERMPCD@iniamidade,gov, 18. RER has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. Sampling and analyaee shall be performed in accordance with the Standard Operating Proceduree referenced in Chapter 62.160, FAC. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from the RER split sample analysis, a complete resampling using two independent certified laboratories will be required. 19 Any aignificant changes in facility operations or procedures must be reported to RER in writing within thirty (30) days of the change. Page 3of5 prpwwIT NO: aw. i io3/ PILES 14364 PROGRESSIVE WASTE SOLUTIONS Or FL, INC. Mr. R. nova McCash 2860 State load 84, Sops • l03 ft Landordale, FL 33313 20. All reports and other submittals required to comply with this permit shall be signed, and certified, if required, by an appropriate and authorized entity (e.g., registered Professional Engineer, Professional Geologist, Professional Surveyor and Mapper, permittee or authorized legal representative, etc). These reports shall be submitted to the following address: Attn: Rashid Z. Istambouli, PE., Chief Pollution Regulation Division Department of Regulatory and Economic Resources 701 NW tat Court, 7th Floor Miami, Florida 33136 ontERB 21. This permit does not release the applicant from obtaining all required federal, state or local permits andlor approvals for the operation. 22. Violation of permit conditions or violations of Chapter 24, MDCEPO, may result in orders for immediate corrective action, possible modification to the operation, revocation of this operating permit andlor closure of the facility. GENERAL CONDITIONS 23. The applicant, by acceptance of this document, agrees to operate and maintain the subject operation so as to comply with the requirements of Chapter 24 of the Code of Miami -Dade County, 24. If for any reason, the applicant doea not comply with or will not be able to comply with any condition or limitation specified on this document the applicant small immediately notify and provide the department with the following information: (a) a description of and cause of non- compliance; and (b) the period of non-compliance including exact dates and times; or if not corrected, the anticipated time the non-compliance ie expected to continue, and steps taken to reduce sliminste, and prevent recurrence of the non-compliance. The applicant shall be responsible for any and all damages which may result and may be subject to enforcement action by the department for penalties or revocation of tine document. 25. Aa provided in Section 24-15 of the Code of Miami -Dade County, the prior written approval of the Department of Regulatory and Economic Resources shall be obtained for any alteration to this facility. 28. The issuance of this document does not convey any vested rights or any exclusive privileges. Nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. Nor does it relieve the applicant from liability from harm or injury to human health or welfare of property. 27. This document ie required to be poa+ed in a conspicuous location at the facility site during the entire period of operation. Page 4 of 8 PERMIT NO: 8W-1108/ Fn.60 14660 PROGRESSIVE WASTE SOLUTIONS OF FL, INC. PENWITTBE IIr. IL Sheen Yceaah 2860 Stets Road 84, Suite 6103 Ft. Lauderdale, FL 33312 28. This document is not transferable. Upon 8a1e or legal transfer of the property or facility covered by this document, the applicant shall notify the department within thirty (30) days. The new owner must apply for a permit within thirty (30) days. The applicant shall be liable for any non- compliance of the source until the transferee applies for and receives a taanefer for this document. 29. The applicant, by acceptance of this document, epedfcally agrees to allow acceaa to the referenced facility during normal operating hours or as deemed necessary by Miami -Dade County agenta/personnel for the purpoees of inspection and testing to determine compliance with this document and department rules. 30. This document does not indicate a waiver or approval of any other department permit that may be required for other aspects of this facility. 31, This document does not constitute an approval by RER or certification that the applicant is in compliance with app 'eeb1e laws, ordinances, ruin or regulations. The applicant acknowledges that separate enforcement actions may be initiated by RER and that this document does not constitute compliance with orders issued in conjunction with enforcement actions for correction of vioiationa. 32. Failure to comply with any condition of this document or the requirements of Chapter 24, Code of Miami -Dade County may subject the applicant to the penalty provisions of said Chapter including civil penalties up to $25.000 per day per offense and/or criminal penalties of $500 per day and/or sixty (so) days in jail. Page b alb Local Business Tax Receipt M i-F tTri --Dade County, Stat of !-! rld ca nos. 5NilrA84.L-DO NOT PAY 1829572 DU5aNE SS NAME/LOCATION PROGRESSIVE WASTE SOLUTIONS OF FL INC 3840 NW 37 CT H IALEAH, FL 33142 nWNGq 3E4 PROGRESSIVE WAS,: SOLUTIONS 206 OF FL roll Employeef s) RECEIPT NO RENCwAL 129572 EXPIRES SEPTEMBER 30, 2014 Put sunnt to Cu.nry C<.1 Ch4ltr zr RA — Art 1 al }6 PAYMF NT RECEIVED BY TAX r tLLECTOR 50 28125 01/082014 CREDIi C;,•Pl.14.912035 rib tualBiskra Tit P+atip lanlpesaints paraitosaaeeiis'lima althehiIdea quahEuheeaaIt Rodeb'olueral tba SFlatde mesrceuAywitha yrt+lae , or erog.rele�anial regutatery lairs mod regelrewnta w11 e1 apply le the iYrlfpeaat p1/ wiany arw+egeEtal TheISECEinAo.abort gnat hedtaplgedearigl* ut, alvohuleo-1Tanel.0a4eCut►Seeia.27S; For mere elan'h'n,rsgwww mislaid*glillamella;ite I YPE OF BUSINESS hr1FG/,?ECYCL9+€, ,PI?OC ES5CgG Local Business Tax Receipt Midni-Dade County, State of Florida THIS IS NOT Aart L-DONOT PM 47;i1938 U1'I;iNES8 NAME/LOCATION PROGRESS PIE WASTE SOLUTIONS OF FL NC NUM ICPALTWES LOC COMMERCIAL LESSORS. FL 33888 RECEIPT NO RENEWAL 4991882 EXPIRES SEPTEMBER 30, 2014 M1i I S Jispl. �.r l 31 r11:4?nlhuemtss, Pursuant to County Code CI.;Ix, RA - Art 9 er 14 OWN[aH tithe TYPE OF Bt1CIA1L PROGRESSIVE WASTE. SOLUTIONS 192 COLNERCL11I lL u 0r ,F F1 INC VICE SPACE Aggregate sq ft 1474 mine PAYMENT RECEIVED RV TAX COLLECTOR 132.sa o170oao14 CREDTFCAR0.14.012035 TIII. LOC al Ruaaaez Ta* Auut1pt oily ceehran?sy1Cla1 el Hid tic al Du';1ae,`i Tag The RsC,ip1 alma! a Comas. parmll, 41 a Cliiticadee el die hold 41; ginh6telloas,L de ha:uae:,r Yeller Mall Wid1 toy dsueaereeatal Ir tieepeeuu• ula1 ragelatnp Iaws and tegmrerr4b whirs apply to 11. aaar'ess The RECEIPTBO above mist he displayadea aIIcam at veluclea-Miami -Odatide 3ec9a-27R. Tor more isletwetiae ties,rww w siudide qrr(taaeellretw f Local Business Tax Receipt Br Miami Dade County, State of Florida • NOT PAY 1 1829572 J SUSINt:5S NAME/LCCATtON PROGRESS WE WASTE SOLUTIONS OF F._ NC 3840 NW 37 CT RLEAH, FL 33142 U WIVE R PROGRESSIVE WASTE SOLUTIONS C)= FL Nr Emptoyee(s) 275 RECEIPT NO R ;! 94417 E XPIRES SEPTEMBER 30, 2014 Moil I -- 1 _r 1 b -SI1fr I• P rule C i a_&o SEC TYPE OF OUSINESS. 2s 3 SERVICE BUSINESS PAYMENT RECEIVED SY rAx CoLI FCTon 1448 13 9' 082014 cREi'nrc41D-14-0l20;+ Ilia, Lac atBua}rsesa Taa li.c.gl aalytau5rea►#.pneeel 11,0 Localitrise .ITaa Tie R.i. prn ustalieatas. pauua •e•eeel+ptareearlIke lc.Idresgecii#catiass.isdi. ho-:uers %MawiWt*spit we* a■yswasimottllii .1 ta.111.v. 011111lal Irpul Has7 lawn int e.aaltaaa aiswitieb eeely le Mt Oaslata:a Tha RFCfipi HO .aauelarsc h• dnplarrd an a4f cslsemaulal vOicirt - M11ws+l. Bad. Cede Sae8a-276 nrnnt+ Fat meet elataali.. t17II W W W niaarfd.fl• pv(I;atsll.cs►t No: 562211A8 City of Hialeah Business Tax Receipt Mayor Carlos Hcrna ndet (OLD-4953A9) 2013-14 Amount: $ 981, 25 The person, firm or corp. listed here has paid the business tax required to engage in or operate the business specified subiect to the regulations and restrictions of the Cit . of Hialeah. Florida Owner: PROGRESSIVE WASTE SOLUTIONS OF FL INC Type 9f Brrarness SOLID WASTE COLLECTION 1DISPOSF1. PROGRESSIVE WASTE SOLUTIONS OF FL :NC 3840 NW 37 CT WANT, FL 33142 Validating No 327574 THIS IS NOT A BILL City of Hialeah Business Tax Receipt Mayor Carlos Hernandez Business Location. 3840 NW 37 CT Expires September 30, 2014 2013-14 No: 56221181 (OLD-495383) Amount $ 1000.00 The person, firm or corp. listed here has paid the business tax required to engage in or operate the business specified subject to !he regulations and restrictions of the City of Hialeah, Florida Owner: PROGRESSIVE WASTE SOLUTIONS OF FL INC Type ofBustuess• SOLID WASTE RECYCLING SYSTEMS PROGRESSIVE WASTE SOLUTIONS OF FL INC 3840 NW 37 CT MIAMI, FL 33142 Validat ng No 327574 THIS IS NOT 4 HILL Business Location 3840 NW 37 CT Expires September 30. 2014 Progressive Waste Solutions Bidder's Alternate Recycling/Processing Facility Per Section 2.2,5 — Minimum Qualifications Narrative Description Alternate Recycling/Processing Facility: Progressive Waste Solutions of FL, Inc.'s Choice Recycling of Miami 7320 N.E. 1st Place Miami, FL 33138 Progressive Waste Solutions of FL, Inc. ("Progressive") will utilize its owned and operated Progressive's Choice Recycling of Miami facility as an alternate recycling/processing facility in the event that the Designated Recycling/Processing facility is not operational or is otherwise unable to receive the City of Hialeah's recyclables which meets the requirements set forth in section 2.2.5 of the City of Hialeah's ITB No. 2013-14-9500-00-011. The facility is permitted to receive just under 500 tons per day. This facility is also composed of very experienced personnel who are certified and trained in various waste processing, waste handling, and recycling methods. Progressive's Choice Recycling of Miami facility is equipped with state-of-the-art equipment that maximizes receiving and processing techniques making it a preference to municipalities and local businesses in the area. • Progressive. does not have any outstanding compliance issues, including but not limited to notices of violations, consent orders, building code violations, or similar matters at its owned and operated Progressive's Choice Recycling of Miami facility site. • Progressive. has attached the corresponding permits/licenses for the Progressive's Choice Recycling of Miami facility. MIAMI•DAD miamidade.gov PERMIT NO: SW-1588/ FILE# 24597 CHOICE RECYCLING SERVICES OF IMAM, INC. 1•, PLACE RECYCLING FACILITY 7320 NE 15? PLACE MIAMI, FLORIDA 33138 PERMITTEE: Mr. R. Shawn Mc.Caah CHOICE RECYCLING SERVICES OF MIAMI, INC. 3840 NW 374.1, COURT MIAMI, FLORIDA 33142 SOLID WASTE ANNUAL OPERATING PERMIT DESCRIPTION OF FACILITY / EQUIPMENT Regulatory and Economic Resources Environmental Resources Management 701 NW 1st Court • 7th Floor Miami, Florida 33136-3912 l 305-3. 2-6b11t1 F 305-3/2.6893 This document, issued under the provisions of Chapter 24. Mianir•Dade County Environmental Protection Ordinance (MDCEPO). shall be valid from January 1. 2014 through December 31, 2014. The above named, is hereby authorized to operate the facility at the above location which consists of the following: A 499 tons per day recycling facility limited to source separated commingled recyclable materials (paper, cardboard. glass, plastic, textile, rubber and wood). This facility is subject to conditions listed below and in the following pages (if any) of this permit FACILITY) OPERATIONS The recycling operation shall be operated in strict accordance with information guhmitted in reference to the permit application dated October 29. 2008, and as amended by this permit, 24-hour access control shall be maintained along the perimeter by means of a physical barrier (i.e., berth, wail, fence, etc.) and at the entrance(s) (i.e., locked gate. guard. etc.). 3. On -site stormwater drainage system is designed to carry stormwater and shall be maintained free of solid waste and leachate at all times. •3. A representative of the operator, knowledgeable in the permit conditions, shall be on site whenever material is received. handled or removed. 5. Material accepted shall be limited to source separated, commingled recyclable material (paper. cardboard. metal, paper, glass. plastic, textile, rubber materials and wood). 6. The recycling facility shall be operated in strict accordance with the Miami•Dade County Department of Public Works and Waste Management memorandum dated September 11, 2009 and email dated September 30. 2009 (attached). Mlami-Dade County Departni of Regulatory and Economic Resources r L f t. Hefty ctor of Environmental Resources Management Pilae l et I. PERMIT NO: 8W 1588/ FILEII 24597 CHOICE RECYCLING SERVICES OP MIAMI, INC. 1„ PLACE RECYCLING FACILITY PERMITTED: Mr. R.8hawn McCaeh CHOICE RECYCLING SERVICES OF MI.A.MI, INC. 2860 STATE ROAD 84, SUITE / I O3 FT. LAUDERDALE, FLORIDA 33312 7. All incoming materials shall be tipped, processed and stored within the roofed building exclusively. 8. Unprocessed waste shall not be stored over night on the tipping floor. 9. The maximum allowable quantity of solid waste that can be stored on site at any time shall not exceed 4W'i tons. 1.0. Unacceptabtes (e.g., wood, furniture, tires, etc.) and prohibited materials (e.g., garbage, hazardous wastes, etc.) inadvertently- accepted shall he temporarily stored in containers to prevent spillages and potential storm water, ground, and/or groundwater contamination. Storage time shall be as follows: forty-eight hours (48) hours for Class I waste and hazardous materials, and thirty (30) days for all others. Materials shall be disposed of at an approved and permitted site by the facility shall be managed in accordance with the provisions of Chapter 62.730, FAC, 11. Diesel fuel, motor oil and hydraulic oil associated with daily operations of onsite equipment shall be stored in the Materials Storage Containment Ara as depicted in Site Plan (Sheet C•1) dated March 16, 2009. 12. A licensed hazardous waste handler shall he contacted to inspect segregated potential hazardous waste. if determined to be hazardous. arrangements shall he made to transport said waste via a licensed hazardous waste transporter to an approved hazardous waste dixposai site. Any hazardous waste which is received by the facility shall be managed in accordance with the provisions of Chapter G2-730, FAC. 13. All wastes from facility operations shall be handled, transported and/or disposed of in compliance with county, state, and federal regulations, and guidance documents. 14. Dust suppression. odor and litter control: and other measures shall be implemented, as applicable. to prevent nuisance conditions as defined in Chapter 24, MDCEPO. 15. A determined nuisance, as defined in Chapter 24, MDCEPO, public health threat condition, or abnormal occurrence (i.e. fires, explosions, spills) may result in orders for immediate corrective action in accordance with Section 24-7(15)(a) of the MDCEPO, possible modification to the operation, revocation of this operating permit and/or closure of the facility. Any abnormal occurrences shall he reported to REF?, within 24 hours. and records shall be kept pursuant to Section 24-20, MDCEPO. PROHIBITIONS 16. Open burning is not permitted at this site in accordance with Section 24-41.5 of the MDCEPO. f7. No waste (e.g., waste oil. transmission fluids, brake fluids, solvents, etc.) from facility operations shall be stored at the facility. 18. No violations of the Miami -Dade County Water Quality Standards or Cleanup Target Levels (CTLs) as provided in Chapter 24.44, MDCEPO, shall occur as a result of the facility operations. Violations of said standards or CTI.s may result in orders for immediate corrective action, possible modification to the operation, revocation of this operating permit and/or closure of the facility. 'a et: 2 or 1 PERMIT NO: SW-1588/ FILE. 24597 CHOICE RECYCLING SERVICES OF MIAMi, INC. I" PLACE RECYCLING FACILITY PERM1TTEE: 1dr. RShawn McCas h CHOICE RECYCLING SERVICES OF MIAMI, INC. 2860 STATE ROAD 84, SUITE 11103 FT. LAUDERDALE, FLORIDA 33312 REPORTING / MONITORING REQUIREMENTS 19. A Monthly Operating Report (MOR) shall be submitted to the Environmental Evaluations Relegated Programs of the Pollution Regulation Division (PRD) of RER with the types and quantities of waste received and removed off -site and a truck log report with disposal receipts. Said MOR shall be submitted by the l;rth of the fulluwiiig month ion the Operating Report form provided by RER end hereby attached to this permit These reports shall be submitted to the following address: Attn: Patti Emud Environmental Evaluations Delegated Programs Section Pollution Regulation Division Department of Regulatory and Economic Resources 701 NW 1" Ct. Miami, Florida 33136 20. Any significant changes in facility operations ur procedures roust be reported to RER in writing within thirty {30) days of the change. 21. All reports and other submittals required to comply with this permit shall be signed, and certified, if required, by an appropriate and authorized entity (e.g., registered Professional Engineer, Professional Geologist. Professional Surveyor and Mapper, permittee or authorizod legal representative. etc.), Mail submittals to the following address: Attn: Rashid Z. Istarnbouli. P.E., Chief Pollution Regulation Division Department of Regulatory and Economic Resources 70t NW 1st Court. 7th Floor Miami. Florida 33136 OTHERS 22. This permit does not release the applicant from obtaining all required federal, state or local permits and/or approvals for the operation. 23. Violation of permit conditions or violations of Chapter 24, MDCEPO. may result in orders for immediate corrective action, possible modification to the operation. revocation of this operating permit and/or closure of the facility. GENERAL CONDITIONS 24. The applicant, by acceptance of this document. agrees to operate and maintain the subject operation so as to comply with the requirements of Chapter 24 of the Code of Miami -Dade Cu uuty. 25. If for any reason, the applicant does not comply with or will not be able to comply with any condition or limitation sper:ifi'd on this document the applicant shall immediately notify and provide the department with the following information: (a) a description of and cause of non- compliance: and (b) the period of non compliance including exact dates and times; ur if out J':+Ke3(if 1 PERMIT NO: SW.1588/ FILE. 24597 CHOICE RECYCLING SERVICES OF MIAMI, INC. 1-• PLACE RECYCLING FACILITY PERMITTER: Mr, R.Shawn McCae6 CHOICE RECYCLING SERVICES OF MIAMI, INC. 2860 STATE ROAD 84, SUITE 0103 FT. LAUDERDALE, FLORIDA 33312 corrected, the anticipated time the noncompliance is expected to continue, and steps taken to reduce, eliminate. and prevent recurrence of the non-compliance. The applicant shall be responsible for any and all damages which may result and may be subject to enforcement action by the department for penalties or revocation of this document. 26- As provided in Section 21-15 of the Code of Miami -Dade County, the prior written approval of the Department of Regulatory and Economic Resources shall be obtained for any alteration to this facility. 2 . The issuance of this document does not convey any vested rights or any exclusive privileges. Nor does it authorize any injury to public or private property or any invasion of personal rights. nor any infringement of federal, state, or leeal laws or regulations. Nor does it relieve the applicant from liability from harm ur injury to human health or welfare of property. 28. This document is required to be posted in a conspicuous location at the facility site during the entire period of operation. 29. This document is not transferable. Upon bale ur legal transfer of the property or facility covered by this document, the applicant shall notify the department within thirty (30) days. The new owner must apply for a permit within thirty (30) days. The applicant shall be liable for any non- compliance of the source until the transferee applies for and receives a transfer for this document. 30. 'l'hc applicant, by acceptance of this document, specifically agrees to allow access to the referenced facility during normal operating hours or as deemed necessary by Miami -Dade County agents/personnel for the purposes of inspection and testing to determine compliance with this document and department rules. 31. This document does not indicate a waiver or approval of any other department permit that may be required for other aspects of this facility. 32. This document does not constitute an approval by RER or certification that the applicant is in compliance with applicable laws, ordinances, rules or regulations. The applicant acknowledges that separate enforcement actions may be initiated by RER and that this document does not constitute compliance with orders issued in conjunction with enforcement actions for correction of violations. 33. Failure to comply with any condition of this document, or the requirements of Chapter 24, Code of Miami -Dade County may subject the applicant to the penalty provisions of said Chapter including civil penalties up to 525.000 per day per offense and/or criminal penalties of $500 per day and/or sixty (60) days in jail. Page Iof I Local Business Tax Receipt Miami Dade Cou 1Tty, State of Florida -TI415 IS NOT A BLI. - DO NOT PAY 6234744 SUSIhtfr/3 WA ME/LOCATION CHOICE RECYC:I ING SERVICES OF MEAMI INC 7320 NE 1 PL M€AMII, FL 33138 OWNER CHOICE RECYCLING SVCS OF MA INC Emp J/ e s SIAMh rJ RECEIPT NO RENEWAL 6499339 EXPIRES SEPTEMBER 30, 2014 R4us1 be ekspleyad 3t pate at busrncss SEC. TYPE OF BusINESs 213 SERVICE BO INESS Pursuant to County Cite Cha Io 8A - Art 9 & '0 PAYMENT RECEIVED 3Y TAX cOLL.ECTom 45 CO 05 30 2013 1 TXHS1-13.081 ' 53 This incsi Business Tax Rocai*t only cartes paytoe+u at _hn meal Bemmaa. Tax Ths Hacgupt is net a liunee, aetnnt or a corE iaation ;,t the holder's qualiivalwe:, to 3o Shine's Helios RIM ewnpty vnrh NW gaveresiel or nonoovotomental rogLiotory taws and raquucmnnts wh :h apply 111 the bulittes . The RECEIPT NO absvr 'mat he displayed se ali r smnmrctal +shines - I4iaen-cede Code See lla-Z7 fa( MOM Worm she n,visit yaw nllsn' "s;Tshaaenlieete_ DATE I' THIS IS CEI TIFICA?ION OF COMPLIANCE WITH THE CITY OF MIA's I'S "BUSINESS TAX RECEIPT" IT 15 IN EFFECT WHEN DATED, NAME OF CITY PERSONNEL STAMPED AND INITIALED, AND UNTIL Tii ERM: VENT "O E' IS RECEIVED FINANCE DEPARTMENT OFFICIAL Please, note that This Business Tax Receipt (BM} may expire on September 30th of the year that this INTERIM BTR has been issued. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call: i305) 416-1570 or (305) 416- 1918. Favor de tomar nota clue este Recibo de Impuesto para Negocio INTERtN° puede vencerse el 30 de Septiembre del a13o eslnitido. Asegurar la renovaclon para el lro de Octubre es la responsahilidad del neeocio. Para mas lnformacion puede Ilamar al: 4305) 416-1570 o (3135} 416-1918, Souple pran not ke Resi Enpo pou Biznis-sa ap exspire 30 Septanm ane ke yo kap ba 'w Iysans tampore-an. Se responsablite dirijan Biznis sa pou 1€ renouvle-1 Pwemie Oktob kap vini. Si-w bezwen plis enfomaeyon sou zafe sa , pa bliye rele nan 4305) 416.1570 ou byen {305) 416-1918. wilt; lIE Ial1U1 e POST THIS OOCIMEN1 IN A CONSPCUOUS PLACE. THIS IS NOT A BILL I:OT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS UNLESS APPROVED 3Y THE FINANCE DEPARTMENT. DO NOT PAY CITY OF MRMI .kl $_W r AVE E" FLOOR, WAMI. FL »In. PHONE (J051:I6 hail RECEIPT FOR PROGRESIVE WASTE SOLUTIONS OF ISSUED jUi 24 2014 TOTAL FEE PAID 268©0 INTERIM CUSTOMER NUMBER 116769 RECEIPT NUMBER 158T35 NAME OF BUSINESS pROGRESIVE WASTE SOLUTIONS OF LOCH' ION T320 N€ ; PL INTERIM Is HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: WASTE COLLECTORS (COMMErICIAL) Jose M. Femande4 Finance Director T.. MM.. Y . wln•.. — nays ....a 9II'.A 91. Wet. O Y-011•A W1 zoning WA .IT• cry nm /PM 4.nnFS 9M 9.q.• Fen any le w.• . pr.YIVFIlimar Y•+.T+^49y Ire • IMvn.I .•I cr it/� Cyawn.. M• I he Noble 1 9uI'PM ••,N.I,. 9.9 NUM. V .w.F'.n ; P.cew INMR Inn 414..4.l n9 441411 Mr*. of e. ouawl• ...tool rah Please note that this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call: (305) 416-1570 or (305) 416- 1918. Favor de tomar nota que este Recibo de Impuesto para Negocio se vence el 30 de Septiembre de aro indlcado. Asegurar Ia renovacion para et fro de Octubre es Ia responsabilidad del negocio. Para mas informacion puede !lamer al: (305) 416-1570 0 (305) 416-1918. Souple pran not ke Res' Enpo pou Biznis-sa ap exspire 30 Septan-m ane sa men-rn nan lis Ia. Se responsablite dirijan Biznis sa pou li renouvle-I Pwernie Oktob kap viral. Si ou bezwen plis enfemasiyon sou zafe sa , pa bliye rele nan (305) 416-1570 ou byen (305) 416-1918. eau of uxnti P;Si THIS DOCUMEJ.T IN A CONSP?C1JOUS PLACE NO: TRANSFERRABLE OR VALID AT A24OTHER ADDRESS uNLC APPROVCD BY TMC rINA,ICE DEPARTMENT, CITY OF MIAAII 444 S W 2 AVE 6tM FLOOR MIAMI', FL 33130. PHONE (305)416.1918 Effective Year Oct. 1 2013 Thru Sep. 30 2014 RECEIPT FOR WASTE SERVICES OF FLORIDA INC ISSUED Oct 15, 2013 TOTAL FEE PAID 268.00 ACCOUNT NUMBER 65913 RECEIP1 NUMtstI2 11 NAME OF BUSINESS WASTE SERVICES OF FLORIDA INC DBA WASTE SERVICES OF FLORIDA INC LOCATI ON IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: WASTE COLLECTORS (COMMERCIAL) Jose M. Fernandez Finance Director THIS IS NOT A BILL DO NOT PAY This osuatoo or a bush= to rocorx ax_s of porno (rio Taa10lf Oa vlafa$ ug Ey wd y L. u( A Cry nor dace it exam( 6o bolder from wry acorn of parcels mot may bo moulted by tan rho 00CUMent does corratlulo a lion ,G.A+o trot Cho hrkfar Is lialfbrom a+nynga n Eh ausiless, (7rarelaim or m.vy.r spcafod Writ Tne doair*crr WUSESCES pv}irOr% or lio L�r lax fec Ipn Only 2014 46,10 fik - Progressive Waste Solutions Bidder's Cities or Counties Serviced Per Section 2.2.6 — Minimum Qualifications References The following is a list of three (3) cities or counties along with accompanying contact information that have used Progressive Waste Solutions of FL, Inc.'s Designated Recycling/Processing Facility: 1, Name: City of Hallandale Beach Address: 630 N. W . 2"d Street Hallandale Beach, FL 33009 Contact: John Chidsey, Operations Manager — Sanitation & Fleet, Department of Public Works Phone Number: 954-457-3045 Email Name: jchidsey@hallandalebeachfl.gov 2. Name: City of Hollywood Address: 1600 South Park Road Hollywood, FL 33021 Contact: Charles Lessiter, Interim Assistant Director, Department of Public Works Phone Number: 954-967-4320 Email Name: ciassiter@hollywoodfl.org N)4, Progressive Waste Solutions 3. Name: City of Miami Address: 1290 N.W. 20th Street Miami, FL 33142 Contact: Mario F. Nunez, Director, Department of Solid Waste Phone Number: 305-960-2804 Email Name: mfnunez@miamigov.com Progressive Waste Solutions Bidder's Description of Designated Recycling/Processing Facility Per Section 2.2.7 — Minimum Qualifications Narrative Description Designated Recycling/Processing Facility: Miami Recycling Facility (MRF) 3840 N.W. 37th Court Miami, FL 33142 Progressive Waste Solutions of FL, Inc. ("Progressive") owns and currently operates the Miarni Recycling Facility ("MRF"), a facility that meets the requirements set forth in section 2.2.7 of the City of Hialeah's 1TB No. 2013-14-9500-00-011. This facility has been operable for more than five (5) years and is permitted to receive just under 500 tons per day. The facility is operated by trained and qualified personnel whom have extensive industry experience in Program Recycling/Processing and various other waste handling areas. Progressive's Program Recycling/Processing facility is equipped with some of the latest technologies as well as some of the most efficient processing equipment in the industry to receive and process not only the program materials that will be delivered by the City but by other entities as well. Our MRF currently provides similar and more extensive services to many of the local municipalities in Miami -Dade County and other out of county municipalities as well. Progressive has been providing these services for more than five (5) years and Progressive is referred to as one of the experts in this area of recycling. (a) Types of Recyclables that are separated and marketed at the facility: • Paper • Old Corrugated Cardboard ("OCC") • Unpigmented ("Natural") High -Density Polyethylene ("HDPE") — Natural HDPE • Polyethylene Terephthalate ("PET") • Mixed Rigid Plastic • Steel Cans • Bulky Metal • Aluminum Progressive Waste Solutions (b) Daily Processing capacity of the facility: • 499 Tons (c) Number of Tons of Recyclables currently delivered to the facility on a daily basis: • 275 Tons Per Day ("TPD") Progressive Waste Solutions Bidder's Lineation History Per Section 2.2.8 — Litigation History Progressive Waste Solutions of FL, Inc. does not have a case or any cases filed or pending on or after January 1, 2009, where: (a) a civil, criminal, administrative, bankruptcy, or other similar proceeding was filed against the Bidder and the processing arose from or was related to a dispute concerning the Bidder's rights, remedies or duties under a contract for the Processing, marketing, and/or sale of Recyclable Materials; (b) administrative fines, liquidated damages, or other penalties greater than $10,000 were assessed or deducted from the Bidder's payments under a contract for the operation of a recycling facility or Processing facility in Florida; or (c) the Proposer was alleged to have violated an environmental law concerning the operation of a recycling facility or Processing facility in Florida. Progressive Waste Solutions Bidder's Financial Stability and Strength Per Section 2.2,9 — Minimum Qualifications Progressive Waste Solutions of FL, Inc. ("Progressive") submits the Annual Financial Report filed with the U.S. Securities and Exchange Commission for the year ending on December 31, 2013 by Progressive Waste Solutions LTD. ("Progressive Waste") in accordance with Section 2.2.9 — Minimum Qualifications for the City of Hialeah's ITB No. 2013-14-9500-00-011 for Recyclable Materials Processing Services. Progressive has also enclosed a press release for Progressive Waste detailing the current financial results for the three and six months ending on June 30, 2014. MEDIA RELEASE Progressive Waste Solutions PROGRESSIVE WASTE SOLUTIONS LTD. REPORTS RESULTS FOR THE THREE AND SIX MONTHS ENDED JUNE 3o, 2014 Strong pricing of 2.o% drives organic revenue growth; Focused on operational excellence and disciplined capital allocation; Quarterly cash dividend increase of 6.7% Toronto, Ontario — July 25, 2014 — Progressive Waste Solutions Ltd. (the "Company") (NYSE, TSX: BIN) reported financial results for the three and six months ended June 3o, 2014. Second quarter highlights Consolidated revenues of $513.5 million in the second quarter, a decline of o,6% from the comparative period. Excluding a negative impact of silo million in foreign currency translation, consolidated revenues increased 3..9% Consolidated organic growth improvement of 2.0%, driven by higher collection and disposal pricing Consolidated volume decline of o.2% Adjusted EBITDA(A) of $231.9 million and adjusted operating income or adjusted operating EBITA) of $75.8 million Reported and adjusted net income per share" of $0.36 and so.41, respectively. Reported and adjusted net income includes a net gain on sale of capital and landfill assets of $2o million Free cash flown of $56.4 million. Excluding internal infrastructure investments, free cash flowig} of s6o.9 million, representing 11.9%of revenue Returned s1o.9 million to shareholders through stock repurchases Board of Directors declares increase of 6.7% to quarterly cash dividend effective September 3o, 2014 Management Commentary (Alt amounts are in United States ("U.S., dollars, unless otherwise stated) "We performed well on many measures in the second quarter and we are making progress on several components of the strategic plan we initiated to improve EBITDA(A) margins and free cash flow through operational excellence," said Joseph Quarin, President and Chief Executive Officer, Progressive Waste Solutions Ltd. "In the quarter, consolidated revenues increased 1.9%, excluding the impact of foreign currency translation, with consolidated organic revenue growth of 2.o% led by higher pricing in our collection and disposal service lines. Consolidated volumes declined o.2% from the second quarter a year ago, but represent the third sequential quarter of volume improvement and are on track to turn positive in the second half of the year. Adjusted EBITDA(A) increased o.6%, excluding the impact of foreign currency translation, driven by revenue gains and lower SG&A costs, but offset by higher operating expenses as a percentage of revenue in the period." "Operating expenses in the quarter reflect higher fuel costs as well as higher repairs and maintenance costs, related to the implementation of our strategic plan. Our guiding principle is to make the best long-term cash decisions for the business and these are short-term operating cost variances as we standardize best practices throughout our fleet and ensure the optimal allocation of capital in our field operations. In the second quarter we advanced several programs, such as fleet automation and conversion to compressed natural gas with the receipt of new trucks, that will reduce operating expenses in the third and fourth quarters and meaningfully expand EBITDA(A) margins in the second half of 2014 and beyond. With our strategic plan taking hold, we are also well -positioned to reduce our replacement capital expenditures next year." Mr. Quarin added, "We remain committed to creating long-term shareholder value through a combination of operational excellence and disciplined capital allocation. We returned $20.9 million to shareholders in the second quarter through our share repurchase program and we are pleased to announce an increase of 6.7% to our quarterly cash dividend, raising it to so.64 Canadian per share annually." Three months ended June 3o, 2014 Reported revenues decreased ($3.3) million or (o.6)% from $516.8 million in the second quarter of 21a13 to $513.5 million in the second quarter of 2014. Expressed on a reportable basis and assuming a foreign currency exchange ("FX") rate of parity between the Canadian and U.S. dollar ("FX parity"), revenues increased 1.9% due in large part to a 2.o% increase attributable to higher overall core pricing partially offset by slightly lower volumes. Progressive Waste Solutions Ltd. —June 3o, 2014.1 Operating income was $78.1 million in the second quarter of 2o24 versus s64.6 million in the second quarter of 2013. Net income was $4o.g million versus $32.3 million in the second quarters of 2014 and 2013, respectively, Adjusted amounts Adjusted EBITDA(A) was s133..9 million in the second quarter of 2014 versus s134.9 million posted in the same quarter a year ago. Adjusted operating EBIT{"?. was s79.8 million or 29.o% higher in the quarter compared to $67.0 million In the same period last year. Adjusted net income) was $47.2 million, or so.41 per diluted share, compared to $35.3 million, or so.31 per diluted share in the comparative period. Six months ended June 3o, 2014 For the six months ended June 30, 2014, reported revenues decreased (s2o,1) million or (2.0)% from ss,003.4 million in 2013 to $983.3 million. Expressed on a reportable basis and at FX parity, revenues increased 0.9% on a comparative basis. The increase is due in large part to a 2.o% increase attributable to higher overall core pricing and recycled commodity pricing partially offset by a decline in volumes. For the six months ended June 30, operating income was $23.9.4 million in 2°14versus $123.8 million in 2013. Net income was s66.8 million versus $61.6 million for the six months ended June 30, 2o14 and 2013, respectively. Adjusted amounts For the six months ended June 30, adjusted EBITDA(A' was $244.7 million or (7.3)% lower in 2014 versus 5263.9 million in 2013. Adjusted operating EBITt"' was $122.4 million compared to the s125.4 million recorded last year. Adjusted net incomese') was $72,0 million, or so.63 per diluted share, compared to $62.4 million, or 50.54 per diluted share in the same period last year. Progressive waste Solutions Ltd. —June 3o, 2014 - 2 Progressive Waste Solutions Ltd. Condensed Consolidated Statements of Operations and Comprehensive Income or Loss ("Statement of Operations and Comprehensive income or Loss") For the periods ended June 3o, 2014 and 2013 (unaudited - stated in accordance with accounting principles generally accepted in the U.S. and in thousands of U.S. dollars, except share and net income or loss per share amounts) Three months ended Six months ended 201i 2013 2024 2013 REVENUES s 513,501 s 516,807 s 983,271 1 2,003,367 EXPENSES OPERATING 321,224 3i8,779 614,422 615,667 SELLING, GENERAL AND ADMINISTRATION 62,025 65,538 227,oga 125,354 AMORTIZATION 72,069 73,642 139,276 144,941 NET GAIN ON SALE OF CAPITAL AND LANDFILL ASSETS (19,959) (5,788) (16,926) (6,405) OPERATING INCOME 78,142 64,636 119,409 123,810 INTEREST ON LONG-TERM DEBT 15,836 15,214 30,779 30,457 NET FOREIGN EXCHANGE GAIN (237) (2,96B) (184) (2,969) NET LOSS (GAIN) ON FINANCIAL INSTRUMENTS 7,149 2,205 20,484 (1,060) RE -MEASUREMENT OF PREVIOUSLY HELD EQUITY INVESTMENT - (5,156) - INCOME BEFORE INCOME TAX EXPENSE AND NET LOSS FROM EQUITY ACCOUNTED INVESTEE 55,394 51,185 83,486 97,382 INCOME TAX EXPENSE Current 10,012 7,858 15,590 17,657 Deferred 4,530 11,028 1,043 18,052 14,542 i8,866 16,633 NET LOSS FROM EQUITY ACCOUNTED INVESTE E 6 82 NET INCOME 40,852 32.293 66,771 35,709 39 61,634 OTHER COMPREHENSIVE INCOME (LOSS): Foreign currency translation adjustment 17,154 (28,525) (1,583) 09,821) Derivatives designated as cash flow hedges, net of income tax snil and snil (2013 - s242 and s53o) (451) (986) Settlement of derivatives designated as cash flow hedges, net of income tax;nil and ($225) (2a13 - (s78) and (s227)) 146 418 422 (305) 418 (564) TOTAL OTHER COMPREHENSIVE INCOME (LOSS) 17,154 (28,830) (1,265) (30,385) COMPREHENSIVE INCOME $ 58,006 s 13,463 s 65,606 $ 31,249 Net income per weighted average share, basic and diluted s 0.36 $ o.18 $ o.58 $ 0.54 Weighted average number of shares outstanding (thousands), basic and diluted 115,03a 215,167 115,203 115,167 Progressive Waste Solutions Ltd. -June 3o, 2014.3 Progressive Waste Solutions Ltd. Condensed Consolidated Balance Sheets ("Balance Sheet") June 3o, 2024 (unaudited) and December 31, 2013 (stated in accordance with accounting principles generally accepted in the United States of America ("U.S.") and in thousands of U.S. dollars except forissued and outstanding share amounts) June3o, December 31, 2024 2023 ASSETS CURRENT Cash and cash equivalents s 31r942 S 31,980 Accounts receivable 235,887 229,548 Other receivables 42 68 Prepaid expenses 41,197 34r886 income taxes recoverable 20,624 2,531 Restricted cash 520 498 Other assets 1,93o 2,149 322,232 301,660 OTHER RECEIVABLES 5,641 FUNDED LANDFILL POST -CLOSURE COSTS 11e340 10,690 INTANGIBLES 197,426 220,078 GOODWILL 916,222 905,347 LANDFILL DEVELOPMENT ASSETS 15,007 20,247 DEFERRED FINANCING COSTS 17,257 19,037 CAPITAL ASSETS 949,742 937,252 LANDFILL ASSETS 947,514 952,731 INVESTMENTS 969 5,659 OTHER ASSETS 15,890 19,869 s 3,399,Q19 s 3,392,570 LIABILITias CURRENT Accounts payable Accrued charges Dividends payable Income taxes payable Deferred revenues Current portion of long-term debt Landfill closure and post -closure costs Other liabilities 202,483 s 1.00,270 142,678 136,991 16,122 16,243 2,503 2,048 18,228 17,180 5,395 5,969 9,309 10,332 17,916 12,925 314,634 301,958 LONG-TERM DEBT 2,505,208 LANDFILL CLOSURE AND POST -CLOSURE COSTS 129,677 OTHER LIABILITIES 17,345 DEFERRED INCOME TAXES 131,798 2,088,662 1,542,289 114,122 14,743 229,887 2,302,599 SHAREHOLDERS' EQUITY Common shares (authorized • unlimited, issued and outstanding-114,287,459 (December 31, 2013 -114, 652, 852)) 1,767,370 1,773,734 Restricted shares (issued and outstanding - 456,585 (December 31, 2023 - 322,352)) (10,157) (6,654) Additional paid in capital 3,68o 2,796 Accumulated deficit (367,480) (398,414) Accumulated other comprehensive loss (83,056) (83,891) Total shareholders' equity 1,310,357 2,289,571 s 3,399,019 t 3,392,570 Progressive Waste Solutions Ltd. -June 30, 2014.4 Progressive Waste Solutions Ltd. Condensed Consolidated Statements of Cash Flows ("Statement of Cash Flows") For the periods ended June 30, 2014 and 2013 (unaudited - stated in accordance with accounting principles generally accepted in the U.S. and in thousands of U.S. dollars) Three months ended Six months ended 2014 2013 2014 2013 NET INFLOW (OUTFLOW) OF CASH RELATED TO THE FOLLOWING ACTIVITIES OPERATING Net income s 40,852 $ 32,293 s 66r771 s 61,634 Items not affecting cash Restricted share expense 778 447 1,494 937 Accretion of landfill closure and post -closure costs 1ri38 1,406 3.077 2,815 Amortization of intangibles 13,899 15,018 27,797 30,378 Amortization of capital assets 37,713 38,371 74,878 76,447 Amortization of landfill assets 20,447 20,253 36,601 38,116 Interest on long-term debt (amortization of deferred financing costs) 866 849 1,72o 1,705 Net gain on sale of capital and landfill assets (19,959) (5,788) (16,926) (8,405) Net loss (gain) on financial instruments 7,149 1,2a5 14;484 (i,o6o) Re -measurement gain on previously held equity investment - - (5,156) - Deferred income taxes 4,530 21,028 1,043 28,052 Net loss from equity accounted investee - 6 82 39 Landfill closure and post -closure expenditures (1,302) (1,434) (2,113) (2,229) Changes in non -cash working capital -stems 50595 (8,145) (11r764) (20,144) Cash generated from operating activities 112,13.6 105,509 186,988 200,285 INVESTING Acquisitions (1,453) (1,544) (9,751) (1,639) Investment in cost accounted for investee - (i,o18) - (1,018) Restricted cash deposits (21) (2o) (22) (21) Investment in other receivables (67) - (67) (134) Proceeds from other receivables 18 139 37 278 Funded landfill post -closure costs (238) (64) (582) (266) Purchase of capital assets (57,999) (47,303) (92,419) (98,883) Purchase of landfill assets (15,343) (15,787) (14,751) (25,793) Proceeds from the sale of capital and landfill assets 23,162 13,263 23,523 14,384 Investment in landfill development assets (276) (363) (462) (20ig) Cash utilized in investing activities (52,217) (52,697) (104,504) 414,931) FINANCING Payment of deferred financing costs - (776) (48) (824) Proceeds from long-term debt 28,119 538,277 202,930 558,101 Repayment of long-term debt (72,981) (568,398) (137, 809) (598,440) Proceeds from the exercise ofstock options 35 67 3 Repurchase of common shares and related costs (10,929) (10,929) Purchase ofrestricted shares (558) (1,358) (4,013) (4,362) Dividends paid to shareholders (15,842) (15,754) (31,498) (31,735) Cash utilized in financing activities (72,136) (46,007) (82,300) (77,257) Effect of foreign currency translation on ash and cash equivalents 1,897 (1,990) (222) (3,054) NET CASH (OUTFLOW) INFLOW (10,340) 4,815 (38) 5,043 CASH AND CASH EQUIVALENTS, BEGINNING OFPERIQDORYEAR 42,282 30,168 31,980 19,940 CASH AND CASH EQUIVALENTS, END OF PERIOD s 31r942 s 34,983 s 311942 $ 34,983 SUPPLEMENTAL CASH FLOW INFORMATION: Cash and cash equivalents are comprised of Cash s 31,939 $ 29,270 s 31,939 $ 29,270 Cash equivalents 3 5,713 3 5,713 $ 31,942 s 34,983 $ 31,942 s 34,983 Cash paid during the penod for. Income taxes Interest S 10,879 $ s 15,785 $ Progressive Waste Solutions Ltd. -June 3o, 20124 - 5 12,165 $ 14,485 s 23,201 $ 30,154 $ 23,857 29,763 FX Impact on Consolidated Results The following tables have been prepared to assist readers in assessing the FX impact on selected results for the three and six months ended June 3o, 2o14. Three months ended June 3o, 2013 (as reported) June 30, 2014 June 3o, 2014 June 3o, 2014 June 3o, 2024 (organic, acquisition (holding FX and other constant with non- the operating comparative changes) period) (FX impact) (as reported) Condensed Consolidated Statement of Operations Revenues s 516,807 s 9,645 $ 526r452 s (12,951) $ 513,501 Operating expenses 3i8,779 9,933 328,722 (7,488) 321,224 Selling, general and administration 65,538 (1,841) 63,697 (2,672) 62,025 Amortization 73,642 166 73,808 (1,739) 72,069 Net gain on sale of capital and landfill assets (5,788) (25,207) (20,995) 1,036 (19,959) Operating income 64,636 i6,594 81,23o (3,o88) 78,142 Interest on long-term debt 15,214 1,654 16,868 (2,032) 15,836 Net foreign exchange gain (2,968) 2e708 (26o) 23 (237) Net loss on financial instruments 1,205 6,566 7,772 (622) 7,149 Income before net income tax expense and net loss from equity accounted investee 51,185 5,666 56,851 (1,457) 55,394 Net income tax expense 1.8,886 (3,897) 14,989 (447) 14,542 Net loss from equity accounted investee 6 (7) (2) 1 Net income s 32,293 2 9,_570 $ 41,863 s (Loll) 5 40,852 Adjusted EBITOAwr s 134,896 s 802 $ 135,698 s (3,815) s 132,883 Adjusted8BITAN' s 76,272 s (239) $ 76,033 s (2,32o) 5 73,713 Adjusted operating income or adjusted operating EBIT(") s 67,042 s 15,844 s 82,886 s (3,113) 5 79,773 Adjusted net Income s 35,290 $ 13,418 s 48,708 s (1,471) s 47,237 Free cash flowia1 $ 61,484 1 (3,921) $ 57,563 $ (1,152) s 56,411 Progressive Waste Solutions Ltd. -June 3o, 2014 - 6 Six months ended June 30, 2023 June 30, 2014 June 3a, 2014 June 30, 2014 June 30, 2014 (organic, acquisition (holding FX and other constant with non- the operating comparative (as reported) changes) period) (FX impact) (as reported) Condensed Consolidated Statement of Operations Revenues s 1,003,367 s 8,542 $ 1,011,909 $ (28,638) s 983,272. Operating expenses 615,667 15io65 630,732 (26i32o) 624,422 Selling, general and administration 225,354 8,250 131,504 (4,414) 127ro90 Amortization 144,941 (1,795) 143,148 (3,870) 139,278 Net gain on sale of capital and landfill assets (6,405) (11,593) (17,948) 11072 (16,926) Operating income 223,810 715 124,515 (5,116) 119,409 Interest on long-term debt 30,457 2,695 33,153 (2,374) 30,779 Net foreign exchange gain (2,989) 2,762 (207) 23 (184) Net (gain) loss on financial instruments (1,060) 12,392 12,332 (848) 10,484 Re -measurement gain on previously held equity investment (5,639) (5,839) 483 (5,156) Income before net income tax expense and net loss from equity accounted investee 97,382 (11ik96) 85,886 (2,400) 83,486 Net income tax expense 35,709 (18,532) 17,177 (544) 16,633 Net loss from equity accounted nvestee 39 50 89 (7) 82 Net Income s 61,634 S 6,986 s 68,62o 5 (1,849) $ 66,772 Adjusted EBITDO s 2630947 s (11,051) s 252,896 s (8,151) S 244,745 Adjusted EBITAI"/ s 149/384 $ (11,252) $ 138,132 $ (4,866) $ 233,266 Adjusted operating Income or adjusted operating EBITuy s 125,411 $ 2,337 5 227,748 S (5/353) 5 122,395 Adjusted net incomet"m s 62,387 s 11,802 $ 74,i89 $ (2,200) s 71,989 Free cash Rove s 1o6r340 s 245 s 206,585 $ (1,480) 5 1o5,1a5 Progressive Waste Solutions Ltd. -June 30, 2014 '7 Other Financial Highlights (all amounts are in thousands of U.S. dollars, excluding per share amounts) Three months ended June 3o Six months ended June3o 2014 2013 2014 2013 Operating income 5 78,142 s 64,636 s 119,409 s 123,810 Transaction and related costs (recoveries) - SG&A 141 390 (942) (175) Fair value movements in stock options -SG&A"( (314) 1,755 1,740 1,25o Restricted share expense • SG&A(•r 441 262 B25 526 Non -operating or nonrecurring expenses - SG&A 1,363 1,363 Adjusted operating income or adjusted operating EBIT(") 79,773 67,042 122,395 125,412 Net gain on sale of capital and landfill assets (19i959) (5,788) (16i926) (6,405) Amortization 72,069 73L642 239E276 144r941 Adjusted EBITDA("( 2.31,883 134r896 244,745 263,947 Amortization of capital and Iai dfill assets (58,170) (58,624) _ (121,At 79) (114,163) Adjusted EBiTA' $ 73,713 $ 76,272 s 233,266 s 149,364 Net income s 40,852 $ 32,293 s 66,771 s 61,634 Transaction and related costs (recoveries) - SG&A 141 392 (942) (175) Fair value movements in stock options• SWAN (314) 1,755 1,740 1,25o Restricted share expense - SG&A(•( 441 261 825 526 Non -operating or nonrecurring expenses - SG&A 1,363 1,363 Net loss (gain) on financial instruments 7,149 1,205 10i484 (1,o60) Re -measurement gam on previously held equity investment (5,156) Net income tax (recovery) expense (2,395) (614) (3,096) 212 Adjusted net income') s 47,237 $ 35,22o s 71,989 s 62,387 Note: ("Amounts exclude long-term incentive plan ("LTIP") compensation. Adjusted net income per weighted average share, basic Adjusted net income ur per weighted average share, diluted Replacement and growth expenditures Replacement expenditures Growth expenditures Total replacement and growth expenditures s 0.41 s 0.31 $ o-63 $ 0.54 5 0,41 s 0.31 $ 0.63 $ 0.54 5 47,618 5 39,331 5 74,543 s 60,649 25,724 23,759 41,637 63,827 s 73,342 s 63,aga s 117,18o $ 124,476 Free cash floe Cash generated from operating activities (statement of cashflows) s 112,116 $ 105,509 $ 186,988 s 200,285 Free cash flow("1 5 56,411 s 61,484 s sa5,105 $ 106,340 Free cash flow (") per weighted averageshare,diLuted s 0,49 s 0.53 s o•92 s 0.92 Dividends Dividends paid (common shares) $ 15,842 5 15,754 s 31,498 s 31,735 Progressive Waste Solutions Ltd. -June 3o, 2014 - 8 Segment Highlights - Additional details regarding the FX impact on our comparative results can be found in the Foreign Currency sections of this report. (all amounts are in thousands of U.S. dollars, unless otherwise stated) Three months ended June 30 2013 2014 Change 2024 Change (holding FX constant with the comparative (as reported) period) (as reported) Revenues s 516,8a7 s 526,r�2 s 9,645 s 513,501 s (3,306) Canada s 198,655 $ 205i3g5 $ 6,540 s 192,444 s (6,422) U.S. south 3 220,988 S 219.254 $ 8,266 s 229,254 3 8,266 U.S. northeast s 96,964 $ 91,803 s (5,1 61) 3 91,803 s (5,16a) Operating expenses s 318,779 $ 328,712 s 9.933 s 321,224 s 2.445 Canada s 110,597 s 118,298 s 7,7oa $ a10,810 s 213 U.S. south s 139,320 S 145,440 3 6,22o s 145,440 S 6,120 , U.S. northeast s 68,862 S 64,974 3 (3,888) s 64,974 3 (3,888) 5G&A (as reported) $ 65i538 s 63,697 s (1,841) $ 62,015 S (3,523) Canada s 18,o5a s 17,586 s (464) s 26,531 s 4,529) U.S. south s 22,244 s 22r313 3 169 3 22,313 s 269 U.S. northeast s 8,4a9 s 7.962 3 (447) 3 7.962 $ (447) Corporate s 16,g35 S 15,836 s (1,099) 3 15,219 s (1,726) EBITDAlm (as reported) S 132,499 3 134,043 s 1,553 3 130,252 $ (2,238) Canada s 70,208 s 69,511 s (697) s 65,103 s (5,105) U.S. south s 59.524 S 62e5o1 3 1e977 S 62,so1 $ 1,977 U.S. northeast s 19,693 $ 18,867 s (826) $ 18,867 $ (826) Corporate s (16,935) $ (25,836) 3 1,099 $ (15,219) 3 1,726 Adjusted SG&A s 63,232 S 62,042 3 (i,ogo) s 60,394 s (2,738) Canada S 18,oso s 17,586 s (464) s 16,531 $ (1.519) U.S. south s 22,144 s 22,323 $ 169 $ 22,313 $ 169 U.S. northeast s 8r409 $ 7,962 s (447) s 7,962 s (447) Corporate s 14,529 $ 24482 $ (348) 3 13.588 3 (941) Adjusted EBITDA" s 134.896 $ 135,698 3 002 s 131,883 $ (3,013) Canada $ 70,208 S 69,511 s (697) s 65,103 s (5,105) U.S. south s 59.524 s 61,501 s 1,977 $ 61,5o1 s 1,977 U.S. northeast s 19.693 $ 18,867 s (826) s 18,867 S (826) Corporate s (14,529) 5 (14,181) 5 348 S (13,588) $ 941 Progressive Waste Solutions Ltd. -June 30, 2014 - 9 Six months ended June 3o 2o13 2014 Change 2014 Change (holding FX constant with the comparative (as reported) period) (as reported) Revenues s 1,003,367 s 1,011r909 $ 8,542 s 983,271 s (20,096) Canada s 377,949 S 388,443 $ 20,494 s 359,805 s (18,144) U.S south s 432,555 $ 451,108 s 18,553 s 45a,1o8 5 18,553 U.S. northeast s 192,86; $ 172,358 $ (20,505) $ 172,358 $ (20,505) Operating expenses s 625,667 s 630,731 $ 15,065 5 614,422 $ (1,245) Canada s 2,27,159 S 221,236 s 14,077 $ 204,926 s (2,233) U.S. south $ 170,345 s 286,259 $ 15,814 $ 286,159 s 15,814 s 238,263 s 3-13,337 s (14,826) s 123,337 s (14,826) U.S, northeast SG&A(asreported) s 225,354 s 131,504 S 6,15o s 227,090 $ 1,736 Canada $ 35,807 $ 36,377 s 570 S 33,695 $ (2,112) U.S. south s 43,519 $ 43,B54 s 345 s 43,864 s 345 U.S. northeast s 17,127 s 27,258 s 132 $ 17,258 5 131 Corporate s 2e,901 s 34,005 $ 5,164 s 32,273 S 3,37z EB1TDAm (as reported) $ 262i346 $ 249,673 s (11,673) s 141,759 s (20,587) Canada s 134,983 s 230,133o $ (4,153) $ a2a,184 $ (13,799) U.S. south s 118,692 s 111,085 s 2,394 s 221,085 s 1,394 U.S. northeast s 37,573 s 31,763 $ (5,82o) $ 31,763 $ (5,8ao} Corporate s (28,901) $ (34,605) $ (5r104) $ (32,273) $ (3,372) Adjusted SG&A s 123,753 $ 128,281 s 4,5x8 a 124,104 s 351 Canada s 35,807 $ 36,377 $ 57o S 33,695 $ (2,112) U.S. south $ 43,519 S 43,864 S 345 S 43, 4 s 345 U.S. northeast S 17,127 S 17,258 $ 232 5 17,258 s 131 Corporate s 27,300 s 30,782 s 3,482 s 29,287 S 2,987 Adjusted EBITDAI"/ s 163,947 S 252,896 $ (lz,o l) S 244,745 $ {xg,zoz) Canada s 234,983 3 130,830 $ (4,153) S 121,a84 $ (13,799) U.S. south s 118,692 S 121,085 S 1r394 $s21,085 s 2,394 U.S. northeast s 37,573 s 31,763 s (5,8so) 3 31,763 s (5,820) Corporate s (17,300) $ (30r782) $ (3,482) S {29i287) $ (1,987) Progressive Waste Solutions Ltd. -June 30, 2024 - to Revenues Gross revenue by service type The table below present's gross revenue by service type prepared on a consolidated basis and includes the impact of FX. Three months ended June 3a Six months ended June 3a 21324 9b 2013 4h 2014 2013 Commercial s 176,755 34.4 s 176,483 34.1 s 349.817 35.6 5 3521205 35.1 Industrial 93.923 18.3 95,424 18.5 176i52o 28.o 1812e58o 18.0 Residential 115.157 22.4 118.774 23.a 225,076 22.9 231.794 23.1 Transfer and disposal 185.064 36.0 285,223 35.8 333.755 33.9 345,461 34.4 Recycling 26,654 3.2 14,416 2,8 33.093 3.4 29,395 2.9 Other 9.536 2.9 11,491 2.2 19,164 1.9 21,597 2.2 Gross revenues 597,089 146.2 602,13o1 116.4 1.137,425 115.7 1,161,232 115.7 Intercompany (83,588) Revenues $ 513,501 (16.2) (84.994) (16.4) (154.154) (15.7) (157,665) 100.0 s 516,607 100.0 s 983,271 100.0 s 1,003,367 (15.7) 100.0 Revenue growth or decline components - expressed in percentages and excluding FX The table below has been prepared assuming Canadian and U.S. dollar parity except for percentages presented that include FX. Three months ended Slx months ended June 3o June 3a 1014 2033 2014 2013 Price Price Fuel surcharges Recycling and other Total price growth 2.0 0.2 0.7 (0.5) 2.2 0.2 Volume (0.2) 2.3 2.0 (0.1) 0.3 2.2 0.9 0.1 (0.5) 0.5 1,1 Total organic growth Net acquisitions Total growth excluding FX FX Total (decline) growth including FX 2.0 1.5 1.1 1 6 (0.1) 7.7 (0.2) 8.6 1.9 9.2 0.9 10.2 (2.5) (0.5) (2.9) (0.4) (o.6) 8.7 (2.0) 9.8 Progressive Waste Solutions Ltd. -June 30, 2014 - Free cash flows'" Purpose and objective The purpose of presenting this non-GAAP measure is to provide investors and analysts with an additional measure of our value and liquidity, We use this non-GAAP measure to assess our relative performance to our peers and to assess the availability of funds for growth investment, share repurchases, debt repayment or dividend increases. Free cash flow{°- cash flow approach Three months ended June 3o Six months ended June 30 2014 2013 Change 2014 2013 Change Cash generated from operating activities $ 222,116 s 105,309 s 6,607 $ 286,988 $ 200,285 $ (13,297) Operating and investing Stock option (recovery) expenser" (32-4) 1,755 (2,069) 1,74o 1,250 490 LTIP portion of restricted share expenser�" �' (337) (i86) (a51) (669) (411) (258) Acquisition and related costs (recoveries) 141 390 (249) (942) (175) (767) Non -operating or non -recurring expenses 2,363 1,363 1,363 2,363 Changes In non -cash working capital items (5,595) 8,145 (13,740) 12,764 20,144 (7,380) Capital and landfill asset purchasesr`Px" (73,342) (63,090) (10,z52) (227,180) (124,476) 7,296 Proceeds from the sale of capital and landfill assets 23,162 23,263 9,899 23,523 14,384 9.139 Financing Purchase of restricted sharer (546) (1,334) 788 (2,298) (1,692) (6o6) Net realized foreign exchange gain (237) (2,968) 2,731 (184) (2/969) 2,785 Free cash flowre} s 56,411 s 62,484 $ (5,073) s 1051105 s 1o6r340 s (2,235) Note: NAmounts exclude LTIP compensation. r""''Lang-term incentive plan ("LTIP"). (""')Capital and landfill asset purchases include infrastructure expenditures of approximately s4,5ao and 513,7oo for the three months ended and swoi5oo and $28,1a0 for the six months ended June 30, 2014 and 2013, respectively. Progressive Waste Solutions Ltd. —June 30, 2o14 -12 Free cash f i"owav — adjusted EBITDA(A) approach We typically calculate free cash flow(®) using an operations approach which reflects how we manage the business and free cash flows ). Adjusted EBITDAi' Three months ended Six months ended June 3o June 3 2024 2013 Change 2024 2013 Change S 132,883 s 134,898 $ (3,013) $ 244,745 $ z63,947 $ (11202) Purchase of restricted shares'" (546) (1,334) 788 (2,298) (2,692) (606) Capital and landfill asset purchasesm (73,341) (63,090) (10,252) (117,1Bo) (124,476) 7,296 Proceeds from the sale of capital and landfill assets 23,262 13,263 9,899 23,513 14,384 9,139 Landfill closure and post - closure expenditures (2,302) (1,434) 132 (2,223) (2,229) 216 Landfill closure and post - closure cost accretion expense 1,538 1,406 132 3,077 2,825 262 Interest on long-term debt (25,836) (25,24) (622) (30,779) (30,457) (322) Non -cash interest expense B66 849 17 1,720 1,705 15 Current income tax expense (2o,012) (7,858) (2,154) (15,590) (27,657) 2,067 Free cash flowiai $ 56,411 s 61,484 S (5,073) s 105,105 $ 206,340 s (1,235) Note: ("Amounts exclude LTIP compensation. ("4"Capital and landfill asset purchases include infrastructure expenditures of approximately s4,5oo and s23,7oo forthethree months ended and sio,5oo and S28,100 forthe six months ended June 30, 2a14 and 21.123, respectively. Funded debt to EBITDA (as defined and calculated in accordance with our consolidated facility) The ratio of funded debt to EBITDA is 2.95 times. Foreign Currency (in thousands of U.S. dollars unless otherwise stated) We have elected to report our financial results in U.S. dollars. However, we earn a significant portion of our revenues and income in Canada. Based on our 2014 guidance outlook, if the U.S. dollar strengthens by one cent our reported revenues will decline by approximately s8,2o0. EBITDA(A) is similarly impacted by approximately s2,5oo, assuming a strengthening U.S. dollar. The impact on net income and free cash flow(®) for a similar change in FX rate, results in an approximately 51,100 and s9oo decline, respectively. Should the U.S. dollar weaken by one cent, our reported revenues, EBITDA(A), net income and free cash flow($) will improve by amounts similar to those outlined above as a result of a strengthening U.S. dollar. 2024 2013 December31 March 32 June 30 Consolidated Consolidated Balance Statement of Operations and Sheet Comprehensive Income or Loss Cumulative Current Average Average $ o.9047 S o.go62 s o.ga62 s 0.9367 S o.g17o $ 0.9216 Consolidated Consolidated Balance Statement of Operations and Sheet Comprehensive Income or Loss Current Cumulative Average Average s 0.9402 s 0.9707 s 0.9846 s 129912 s 0.9912 s 0.9513 s a.9772 s 0,9841 Progressive Waste Solutions Ltd. —June 30, 2014.13 Quarterly dividend declared The Company's Board of Directors declared a quarterly dividend of $0.26 Canadian per share to shareholders of record on September 3a, 2014. The dividend will be paid on October 15, 2oi4. The Company has designated these dividends as eligible dividends for the purposes of the Income Tax Act (Canada). Definitions (A) All references to "Adjusted EBITDA" in this document are to revenues less operating expense and SG&A, excluding certain SG&A expenses, on the consolidated statement of operations and comprehensive income or loss. Adjusted EBITDA excludes some or all of the following: certain SG&A expenses, restructuring expenses, goodwill impairment, amortization, net gain or loss on sale of capital and landfill assets, interest on long- term debt, net foreign exchange gain or loss, net gain or loss on financial instruments, loss on extinguishment of debt, re -measurement gain an previously held equity investment, other expenses, income taxes and income or loss from equity accounted investee. Adjusted EBITDA is a term used by us that does not have a standardized meaning prescribed by U.S, GAAP and is therefore unlikely to be comparable to similar measures used by other companies. Adjusted EBITDA is a measure of our operating profitability, and by definition, excludes certain items as detailed above. These items are viewed by us as either non -cash (in the case of goodwill impairment, amortization, net gain or loss on financial instruments, net foreign exchange gain or loss, re -measurement gain on previously held equity investment, deferred income taxes and net income or loss from equity accounted investee) or non -operating (In the case of certain SG&A expenses, restructuring expenses, net gain or loss on sale of capital and landfill assets, interest on long-term debt, loss on extinguishment of debt, other expenses, and current income taxes). Adjusted EBITDA is a useful financial and operating metric for us, our Board of Directors, and our lenders, as it represents a starting point in the determination of free cash flay?). The underlying reasons forthe exclusion of each item are as follows: Certain SG&A expenses — SG&A expense includes certain non -operating or non -recurring expenses. Non -operating expenses include transaction costs or recoveries related to acquisitions, fair value adjustments attributable to stock options and restricted share expense. Non -recurring expenses include certain equity based compensation, payments made to certain senior management on their departure and other non -recurring expenses from time -to -time. These expenses are not considered an expense Indicative of continuing operations. Certain SG&A costs represent a different class of expense than those included in adjusted EBITDA. Restructuring expenses — restructuring expenses includes costs to integrate certain operating locations with our own, exiting certain property and building and office leases, employee severance and employee relocation costs ail of which were incurred in connection with our acquisition of W5I. These expenses are not considered an expense indicative of continuing operations. Accordingly, restructuring expenses represent a different class of expense than those included in adjusted EBITDA. Goodwill impairment — as a non -cash item goodwill impairment has no impact on the determination of free cash flow(B) and is not indicative of our operating profitability. Amortization — as a non -cash Item amortization has no Impact on the determination of free cash flow(B) and Is not indicative of our operating profitability. Net gain or loss on sale of capital and landfill assets — proceeds from the sale of capital assets are either reinvested in additional or replacement capital assets or used to repay revolving credit facility borrowings. interest on long-term debt — interest on long-term debt reflects our debt/equity mix, interest rates and borrowing position from time to time. Accordingly, interest on Tong -term debt reflects ourtreasury/financing activities and represents a different class of expense than those included in adjusted EBITDA. Net foreign exchange gain or loss — as non -cash items, foreign exchange gains or losses have no impact on the determination of free cash flowiar and is not indicative of our operating profitability. Net gain or loss an financial instruments — as non -cash items, gains or losses on financial instruments have no impact on the determination of free cash flow and is not indicative of our operating profitability. Loss on extinguishment of debt — loss on extinguishment of debt is a function of our debt financing. Accordingly, it reflects our treasury/financing activities and represents a different class of expense than those included in adjusted EBITDA. Re -measurement gain an previously held equity investment — as a non -cash item, a re -measurement gain on previously held equity investment has no impact on the determination of free cash flowt0r and Is not indicative of our operating profitability. Other expenses — other expenses typically represent amounts paid to certain management of acquired companies who are retained by us post acquisition and amounts paid to certain executives In respect of acquisitions successfully completed. These expenses are not considered an expense indicative of continuing operations. Accordingly, other expenses represent a different class of expense than those included in adjusted EBITDA. Income taxes — income taxes are a function of tax laws and rates and are affected by matters which are separate from our daily operations. Progressive Waste Solutions Ltd. —lune 3o, ao14.14 Net income or loss from equity accounted investee — as a non -cash item, net income or loss from our equity accounted investee has no impact on the determination of free cash flowiei and is not indicative of our operating profitability. All references to "Adjusted EBITA" in this document represent Adjusted EBITDA after deducting amortization of capital and landfill assets. All references to "Adjusted operating income or adjusted operating EBIT" in this document represent Adjusted EBITDA after adjusting for net gain or loss on the sale of capital and landfill assets and all amortization expense, Including amortization expense recognized on the Impairment of intangible assets. All references to "Adjusted net income" are to adjusted operating income after adjusting, as applicable, net gain or loss on financial instruments, re -measurement gain on previously held equity investment, loss on extinguishment of debt, other expenses and net income tax expense or recovery. Adjusted EBITA, Adjusted operating Income or adjusted operating EB1T and Adjusted net Income should not be construed as measures of income or of cash flows. Collectively, these terms do not have standardized meanings prescribed by U.S. GAAP and are therefore unlikely to be comparable to similar measures used by other companies. Each of these measures are important for investors and are used by management in the management of its business. Adjusted operating income or adjusted operating EBIT removes the impact of a company's capital structure and its tax rates when comparing the results of companies within or across industry sectors. Management uses Adjusted operating EBIT as a measure of how its operations are performing and to focus attention on amortization and depreciation expense to drive higher returns on Invested capital. In addition, Adjusted operating EBIT Is used by management as a means to measure the performance of its operating locations and is a significant metric in the determination of compensation for certain employees. Adjusted EBITA accomplishes a similar comparative result as Adjusted operating EBIT, but further removes amortization attributable to intangible assets. Intangible assets are measured at fair value when we complete an acquisition and amortized over their estimated useful lives. We view capital and landfill asset amortization as a proxy for the amount of capital reinvestment required to continue operating our business steady state. We believe that the replacement of intangible assets is not required to continue our operations as the costs associated with continuing operations are already captured in operating or selling, general and administration expenses. Accordingly, we view Adjusted EBITA as a measure that eliminates the impact of a company's acquisitive nature and permits a higher degree of comparability across companies within our industry or across different sectors from an operating performance perspective. Finally, Adjusted net income is a measure of our overall earnings and profits and is further used to calculate our net income per share. Adjusted net income reflects what we believe is our "operating" net income which excludes certain non -operating income or expenses. Adjusted net income is an important measure of a company's ability to generate profit and earnings for its shareholders which is used to compare company performance both amongst and between industry sectors. cad We have adopted a measure called "free cash flow" to supplement net income or loss as a measure of our operating performance. Free cash flow is a term which does not have a standardized meaning prescribed by U.S. GAAP, is prepared before dividends declared and shares repurchased, and may not be comparable to similar measures prepared by other companies. The purpose of presenting this non-GAAP measure is to provide disclosure similar to the disclosure provided by other U.S. publicly listed companies in our industry and to provide investors and analysts with an additional measure of our value and liquidity. We use this non-GAAP measure to assess our performance relative to other U.S. publicly listed companies and to assess the availability of funds for growth investment, debt repayment, share repurchases or dividend increases. Ail references to "free cash flow" in this document have the meaning set out in this note. Guidance Outlook Included in our press release for the fourth quarter and year ended December 31, 2013, issued February 13, 2014, was our guidance for the fiscal year ending December 31, zo14, including our 2014 outlook assumptions and factors. This press release is available at www.sec.gov and www.sedar.com. As of July 25, 2014, the Company expects to generate revenue at the high end of its outlook range for zo14 and adjusted EBITDA(A) at the low end of the range. Revenue in the first half of zo14 has been stronger than anticipated, with higher pricing realized in our Canadian and U.S. northeast segments, and strong organic volume improvements in our U.S. south segment. A new residential contract win in our U.S. south segment that commences in the third quarter of zo14 will also contribute to higher revenues than we had originally anticipated. Harsh winter weather and higher operating costs incurred in the first half of zo14, both of which are discussed in our first and second quarter Management Discussions and Analysis for 2014, resulted in lower than expected adjusted EBITDA(A) in the first half of this year which we don't expect to recover in the back half of zo14. The Company believes that it will deliver on all other outlook measures within the guidance ranges provided In February zo14. Caution regarding forward looking statements The Company's 2014 outlook is subject to the same risks and uncertainties outlined in the Risk and Uncertainties section of the Company's Management Discussion and Analysis, as applicable and investors are urged to fully review these sections before making an investment decision. This press release contains forward -looking statements and forward -looking information. Forward -looking statements are not based on historical facts but instead reflect our expectations, estimates or projections concerning future results or events. These statements can generally be identified by the use of forward -looking words or phrases such as "anticipate," "believe," "budget," "continue," "could," "estimate," "expect," "forecast," "goals," "intend," "intent," "belief," "may," "plan,""foresee,"1 "potential,"! 1 "strategy,"f "targets," "likely," "project," "seek," "synergies," "targets " "will," I R "should," "would," or variations of such words and other similar words. Forward -looking statements Include, but are not limited to, statements relating to future financial and operating results and our plans, objectives, prospects, expectations and intentions. These statements Progressive Waste Solutions Ltd. —June 30, 2014 .15 represent our intentions, plans, expectations, assumptions and beliefs about future events and are subject to risks, uncertainties and other factors. Numerous important factors could cause our actual results, performance or achievements to differ materially from those expressed in or implied by these forward -looking statements, including, without limitation, those factors outlined in the Risks and Uncertainties section of the Company's Management Discussion and Analysis. We caution that the list of factors is Illustrative and by no means exhaustive. In addition, we cannot assure you that any of our expectations, estimates or projections will be achieved. All forward -looking statements should be evaluated with the understanding of their inherent uncertainty. Ali forward -looking statements in this press release are qualified by these cautionary statements. The forward -looking statements in this press release are made as of the date of this press release and we disclaim any obligation to publicly update any forward -looking statement to reflect subsequent events or circumstances, except as required by law. About Progressive Waste Solutions Ltd. As one of North America's largest full -service waste management companies, we provide non -hazardous solid waste collection, recycling and disposal services to commercial, industrial, municipal and residential customers in 23 U.S. states and the District of Columbia and six Canadian provinces. We serve our customers with vertically integrated collection and disposal assets. Progressive Waste Solutions Ltd.'s shares are listed on the New York and Toronto Stock Exchanges under the symbol BIN. To find out more about Progressive Waste Solutions Ltd., visit our website at www,orogressivewaste.com. Further Information Progressive Waste Solutions Ltd. Chaya Cooperberg VP, Investor Relations and Corporate Communications Tel: (go5) 532-7517 Email: chava.cooperberg@orogressivewaste.com Management will hold a conference call on Friday, July 25, 2024, at 8:oo a.m. (ET) to discuss results for the three and six months ended June 3o, 21324. Participants may listen to the call by dialing 1-888-300-0053, conference ID 65479417, at approximately 7:5o a.m. (ET). International or local callers should dial 647-427-342o. The call will also be webcast live at www.streetevents.com and at www.progressivewaste,com. A supplemental slide presentation will be available at www.progressivewaste.com. A replay will be available after the call until Friday, August 8, 2014, at midnight, and can be accessed by dialing 1-855-859-2056, conference ID 65479417. International or local callers can access the replay by dialing 404-537-3406. The audio webcast will also be archived at www.streetevents.com and www.progressivewaste.com. Progressive Waste Solutions Ltd. —June 3o, amt., - t6 ,!"): Kev Progress ive Waste Solutions Bidder's Proposed Truck Route Per Section 2.2.10 Minimum Qualifications Detailed Description Progressive Waste Solutions of FL, Inc. ("Progressive") submits the following detailed description of its proposed truck route from the City Centroid (1201 West 49t , Hialeah, FL 33012) to Progressive's Designated Recycling/Processing Facility at the Miami Recycling Facility (MRF) (3840 N.W. 37th Court, Miami, FL 33142). Progressive has taken into consideration approved truck routes an unrestricted through routes to the greatest extent possible. Truck Route Directions: 1. Head South on West 12'h Lane 2. Turn Left onto US-27 South/South Okeechobee Road (Continue to Follow US-27 South) 3. Slight Left onto South East 8th Street 4. Turn Right onto North West 37th Court (Destination will be on the Right) 1201 W 49th St, Hialeah, FL 33012 to 3840 NW 37th Ct, Miami, FL 33142 - Google Maps Page 1 of 2 Go ogle 424 (326) Klni ?...' Z , .,, .,:r• -, 7 . -.. L._ .. •23. din,, 41, li or 1 . ).o'ronbe' ' -,..6.4. ,._ -11; Rirarni Springs Coif l a & Country Club s Kau rr". 1.1 1P 4. Z .., .,,, .. * I ' . 1,..67b i,4 > 5- ... • --...i ..r.. (am+ -- 15-' z a 7 Directions to 3840 NW 37th Ct, Miami, FL 33142 mi - about 14 mins 1 I 1 51( IDS 0 ArrVitrerti8fardit L A kJ! $.1 (J441‘ 0 sl 6 wegillr-,:: 1 z • -41 . r17-4-7 --, r... r 3.. 0. 3, Htaleah 3, E. 32.4-7] a litotes], Park Cbtl'ItIVI.; 17rii E 9th SI 0 e ".•• ',Vest Little Rorer 1,W RflzSI z ci) '11211000,004 /17.*NINININ atko 1,1 ONO t'A C74A14 Google - -MA,data C72014 Godslis https://maps.google.comimaps?f-d&source=s d&saddr=1201+W+49th+St,+Hialeah,+FL&... 8/7/2014 1201 W 49th St, Hialeah, FL 33012 to 3840 NW 37th Ct, Miami, FL 33142 - Google Maps Page 1 of 2 Google —r Directions to 3840 NW 37th Ct, Miami, FL 33142 5.8 mi about 14 mins — , ro :: L'..... , rri x. 1:3 .c. W 607h Sr i uo tif Ws' 7 NW fifj S' 1 W GOth S' Werlarti Mall a 4676, C..! ▪ 11 < ;▪ . - N. N. r- .4 4 I aim S • Germ/al W 49th •,-.74) ;4'4 (573) 4r2 WEI5th c- ri Si • Psr:Mings ▪ kftlander Park tales ".; 7 I s'zis; W4IS1 ro ,,....4411; tr. W 37nd Ei W ,St c▪ o g oov.71,1dita cqrc.luv: https://maps.google.cornimaps?f=d&source---s d&saddr---1201+W+49th+St,+Hialeah,-4-FL&... 8/7/2014 1201 W 49th St, Hialeah, FL 33012 to 3840 NW 37th Ct, Miami, FL 33142 - Google Maps Page 1 of 2 Go ogle 11L aAV pH fup4ii we IN ziAv Pun MN vo I ' Directions to 3840 NW 37th Ct, Miami, FL 33142 5.8 mi - about 14 mins rib r!.." $1: - • - M• A It.11 r, 'r- F., > ;.-,.; ....'. NVII Et711-d fit ett • Hialeah PiitK C Babcock PaA Ont!vve-!-.1 t tr. I larmigo Plaza Al E Ce2014 Googla - Map data 02014 GoogGT https://rnaps.google.com/maps?f-d&source-s d&sadd-1201+W-1-49th+St,+Hialeah,-A-FL8c... 8/7/2014 1201 W 49th St, Hialeah, FL 33012 to 3840 NW 37th Ct, Miami, FL 33142 - Google Maps Page 1 of 2 Go ogle Babcock Park • -7f E 444 444 i-lin eat-1 Of • ti77. 4. it Directions to 3640 NW 37th Ct, Miami, FL 33142 5.8 mi — about 14 mins MN 444) 953 C3 Embassy Suilei: Miami • hternaltonal Airport 0 Hialeah Market° t- C3 a - ; 7 " , re NW t'.9 {.. MN 4Etth St rtt -,-, 4.,. asirto Miami Jai -Alai ivip • '0 OW 481h St NVt 4bth St aetV PuZE MN 14 Google • Map data ©2014 Google • https://maps.google.comimaps?f=d&source—s d&saddr--1201+W+49th+St,+Hialeah,+FL&.., 81702014 Progressive Waste Solutions Bidder's Proposed Truck Route Per Section 2.2.11— Minimum Qualifications Estimated Roundtrip Distance Progressive Waste Solutions of FL, Inc. ("Progressive") submits the following estimated roundtrip distance for its proposed truck route from the City Centroid (1201 West 49t, Hialeah, FL 33012) to Progressive's Designated Recycling/Processing Facility at the Miami Recycling Facility (MRF) (3840 N.W. 37th Court, Miami, FL 33142) based on Google Maps. Estimated Roundtrip Distance: 11.6 Miles, Estimated Round Trip Distance based on Google Maps - 5.8 miles one way From City Centroid (1201 West 49th, Hialeah, FL 33012) to Progressive's Designated Recycling/Processing Facility at the Miami Recycling Facility (MRF) (3840 N.W. 37th Court, Miami, FL 33142) - 5.8 x 2 = 11.6 Miles, Estimated Round Trip Distance 1201 W 49th St, Hialeah, FL 33012 to 3840 NW 37th Ct, Miami, FL 33142 - Google Maps Page 2 of 2 1201 W 49th St, Hialeah, FL 33012 1. Head west on W 49th St toward W 12th Ln 41 2. Make a U-turn at W 12th Ln rip 3. Take the 1st right onto W 12th Ave About 4 mins 27 4. Turn left onto US-27 SIS Okeechobee Rd Continue to follow US-27 S About 5 mins 5 5. Slight left onto SE 8th St About 3 mins I+ 6. Turn right onto NW 37th Ct Destination will be on the right About 52 secs 3840 NW 37th Ct, Miami, FL 33142 go 499 ft total 499 ft go 0.1 mi total 0.2 mi go 1.7 mi total 1,9 mi go 2.8 mi total 4.8 mi go 0.8 mi total 5.6 mi go 0,3 mi total 5.8 mi These directions are for planning purposes only You may find that construction protects. traffic, weather or other events may cause conditions to differ from the map resulls, and you should plan your route accordingly You muss obey alt s:gns or not ces regarding your route. Map data 002014 Gocgle Directions weren't tilt? Please findyour route on maps.google.com and click "Report aproblem" at the bottom left https://maps.google.com/maps?f-=d&source=s d&saddr 1201+W+49th+'St,+Hialeah,+FL&... 8/7/2014 alp rV Progressive Waste Solutions Bidder's Proof of Obtaining Insurance Per Section 3.3— Insurance Progressive Waste Solutions of FL, Inc. encloses the Information Only Accords Certificate demonstrating its ability to obtain insurance complying with the requirements specified in Section II of the Agreement. Form A-4 (Insurance Check List) has been reviewed and executed as provided in this bid submission. • ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (IdIID /YYYY)12/2012013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the pollcy(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 ibis certificate does not confer rights to the certificate holder in lieu of such endoreement(s). , PRODUCER HUB International ins Svcs Inc PO Box 90756 Albuquerque, NM 87199.0756 800-800-5661 / CA Lica 0757776 ACT Mangle Blackmon F 505-828-4000 FAX 866-487-3972 Art EMi1: (A/C, Noi: pa ys margle.blackmon@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC/ INSURER A Greenwich Insurance Company 22322 INSURED Progressive Waste Solutions of FL, Inc. 2860 West State Rd 84 Ste 103 Fort Lauderdale, FL 33312 FEI N 20-0435940 INSURERB Catlin Specialty Insurance Comp 15989 utsussic, Liberty Insurance Underwriters 19917 INSURER Great American Assurance Compan 26344 INSURERS Arch insurance Company 11150 INSURER F nr nrw Te weu vcv. SION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH NIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY NE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIISR LTR TYPE OF INSURANCE Ann, lIkERR �wvu POLICY NUMBER I IW CD N YYYYYY} POLICY LW (IAMIDDPITYYYY} LIMITS A GENERAL X LIABILITY GENERAL UABILiTY GEC002511807 12/31/2013.12131/2014 EACH OC7CUURJ NCE s1,000,000 $100,000 �s.,EFsT (En occdr3e C 1 MED FXP (Any ono peen)) $5,000 _COMMERCIAL I i CLAIMS MACE n1 OCCUR PER5CHPL 3 ADV INJURY $1,000,000 $ 2,000,000 S2,000,000 E X ContractualLlabiiity GENERAL AGGREGATE PRODUCTS GOMPIOP AGG GENL AGGREGATE LINT APPLIES PER: PR E AUTOMOBILE X — X X LJABUTY ANY AUTO ALL OWNED — _ x SCHEDULED AUTOS NOOSV141ED 41CAB4928008 12/31/2013 12/31/201A f g°,sINCLE LIMIT $2,000.000 $ BODILY TLIURY (Pot person) BODILY INJURY (Per artenrd) S PROPERTY DAMAGE ALAGE (Per nrxklanD S $ B C 0 X UMBRELLA UAB ExCESS LAB X OCCUR CLAIMS MADE UMC936341214 EXCSF1839429 EXC4647724 12/3112013 12/31/2013 12/311201312131/2014 12/31/2014 12/31/2014 EACH OccURRENCE s25,000,000 AGGREGATE $25,000,000 s DED RETEN1ION¢ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRETORIPARTNERJF CUTMEYIN /M CFFICEREMBER EXCLUI7£D? 1-174-1 bn tc q In NHI ICSCdPtTa(7NOOPERATONS belowEL NIA 41WC14927808 41WCi4927808 (NY) 12/31/2013 12/31/2013 12131/201X 44 12/311201 iT VIJMrr. s .ER EL EACH11CCIDENT $1,000,000 E L. D SEASE EA EMPLOYEE $1,000,000 O SFASE POLCYLima $1,000,000 J DESCRIPTION Cr OPERATORS !LOCATIONS (VEHICLES (Attach ACGRO 101,AddillorcaT Romano SchoduY, It mono spas Is roquIrod) For Information Purposes Only. CERTIFICATE HOLDER CANCELLATION Progressive Waste Solutions of FL, Inc. 2860 West State Rd 84 Ste 103 Fort Lauderdale, FL 33312 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WiTH THE POLICY PROVISIONS. AIJTHORLZEO REPREEEENTATNE a¢ rff..Li,tk. tI Q 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 el 1 The ACORD name and logo are registered merits of ACORD #S2588831/M2561755 SMO2 AGORA, CERTIFICATE OF LIABILITY INSURANCE DATE(MM1YDDIYYYY) 4/17/2014 THIS CERTIFICATE 1S 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(les) 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 certfficate holder In lieu of such endoreemeni(s). PRODUCER HUB International Ins Svcs Inc PO Box 90756 Albuquerque, NM 87199.0756 8004300-5661 / CA Lic# 0757776 EACT Margie Blackmon PNpHEu, at),IAI505-828-4140 I FAT` C. No}. 866-487-3972 N �iuC, Limns. margie.blackmon@hubinternational.com NSURER(S)AFFORDING COVERAGE HMOs INJURER A: Indian Harbor Insurance Company 36940 INSURED Progressive Waste Solutions of FL, Inc. 2860 West State Rd 84 Ste 103 Fort Lauderdale, FL 33312 INJURER B : INSURER C : INSURER D : INSURER E: INSURER F: • REVISION NUMBER: ' THIS IS TOCERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrTH 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. USSRL TYPE OF INSURANCE INSOR MAID . PERICY NUMBER ( DOYIYY T}-IMW XYYYYI LIMITS GENERAL �- LIABUJTY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ �SCrUlEa oa ardl $ MED Ed, (Any da person) $ CLAIMS•MA0E ! OCCUR PERSONALS ACV INJURY 1 GENERAL AGGREGATE $ PRODUCTS • COMP/OP AGO 5 GENE AGGREGATE LIMIT APPLIES PER —1PCLICYnPRI,nLCC $ AUTOMOBILE — _ LIABILITY ANY AUTO ALL OWNED 7 SCHEDULED AUTOS AUTOS f COMBINED SINGI.E oar BODILY [NJURY (Per person) $ BODILY MUM? (Per ar dew 1 (PerPFtBc R ant) ACNE $ UMBRELLAIJAB EXCESS LIAR OCCUR CMAIMS.MAL* EACH OCCURRENCE $ AGGREGATE i 1 OEO RETENT CN $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANT PROPRIETORPARTNERIE71:CLrTNE Y1N OWCERIWMEER EXCLUDED? ❑ (Mandatory ln NH) II yea, describe under DESCRIPTION Cc OPE RAT,ONS bclew N 1 A WC ST_TOFCf TU I 0RH E L EACH ACCIDENT $ E L 0 SEASE EA EMPLOYEE $ E L D SEASE POL CY L MIT $ A Contractors Pollution Liab. PEC002487401 12/01/2010 12/01/2014 $2,000,000 Ea Condition $2,000,000 Aggregate SIR: $100,000 , DESCRIPTION OF OPERATIONS 1 LOCATIONS ! VEHICLES (Attach ACORD 1U1. Addlonat Ron1erks Schodub. I/ more rpace Is required) For Information Purposes Only. CERTIFICATE HOLDER CANCELLATION Progressive Waste Solutions of FL, inc. 2860 West State Rd 84 Ste 103 Fort Lauderdale, FL 33312 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 6204.4x- +a , mr1Ce[i4 I al 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name end logo are registered marks of ACORD SMO2 #S28123591M2720796 Client#: 18927 IESI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE IONAItD1YYYYj 4/1712014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATNELY 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(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in Lieu of such endorsemen1(e). PRODUCER HUB International Ins Svcs Inc PO Box 90756 Albuquerque, NM 87199-0756 800-800-5661 1 CA Licit 0757776 INSURED Progressive Waste Solutions of FL, Inc. 2860 West State Rd 84 Ste 103 Fort Lauderdale, FL 33312 A T Margie Blackmon raNn F1; 505,828-4140 FAX No. 866-487-3972 A mss: margie.blackmon@hubinternatlonal.corn INSURERS) AFFORDING COVERAGE INSURER A: Indian Harbor Insurance Company INSURER e : NAIC a 36940 INSURER C INSURER D. INSURER E INSURER F: • REVISION NUMBER: 4 JY Crri.M.M7 THIS 15 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RCA TYPE OF INSURANCE AJIDLSUBR INSR MU POLICY NUMBER POLICY £FF (NYIlD POLICY`[ �E�M�P� MIND INDDnTTYJ_ L.Ek S GENERAL_ _—NLMERCIALGENERALLIABILITY LIABILITY C _ OCCURRENCEEACH $ H,p PREI�ISEag ><+ ) $ NED EXP (Any cne mean) $ I CLAIMS MADE OCCUR PERSONAL A ABV INJURY $ GENERAL AGGREGATE $ PRODUCTS - CC VICP AGO $ GEML AGGREGATE LIMIT ARPLIES PER; -$ AUTOMOBILE — LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS — SCHEDULED AUTOS NON-CPROPERTY AS D A AccIde9 NGLE LIMIT COIAB:NED$ LEN BODILY RUURY (Par cordon) $ BCOILY INJURY ('or ecctleal) f DAMAGE 4Peraccidantl f $ UMBRELLA LIAR EXCESS LIAO — OCCUR CLAIMS•MADE EACH OCCURRENCE $ AGGREGATE $ $ CED { RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LoiaLrrY ANY pROPR_ETORIPARTNEWEXECLITIVE nYlN OFFICEW $42EMEXCLt1DE67 I I (MarxMlo'y In FHA) If yea, desodbs wader NIA - WTCZSY IAMBS @TH. R E.L EACH ACCIDENT $ E L D'SEASE EA EMPLOYEE $ E L. D SEASE POL CY l.�llPT $ A Pollution Legal Remediation Legal PEC002487401 12/01/2010 12/01/2014 $20,000,000 EaConditlon $50,000,000 Aggregate L Policy SIR: $100,000 DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES {Attach ACQRQ 1p1, AddIllona! Remick' Schedule Y morn spice fa requfad) For Information Purposes Only. CERTIFICATE HOLDER Progressive Waste Solutions of FL, Inc. 2860 West State Rd 84 Ste 103 Fort Lauderdale, FL 33312 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. AUTHOIUZED REPRESENTATIVE c&.a,iad- eue t...0.41 * 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S28125821M2720787 SMO2 Progressive Waste Solutions Bidder's References Per Section 3.10-- References and Subcontractors References The following is a list of three (3) cities or counties along with accompanying contact information that have used Progressive Waste Solutions of FL, Inc.'s Designated RecyciinglProcessing Facility: 1. Name: City of Hallandale Beach Address: 630 N.W. 2"d Street Hallandale Beach, FL 33009 Contact: John Chidsey, Operations Manager — Sanitation & Fleet, Department of Public Works Phone Number: 954-457-3045 Email Name: jchidsey@hallandalebeachfl.gov 2. Name: City of Hollywood Address: 1600 South Park Road Hollywood, FL 33021 Contact: Charles Lessiter, Interim Assistant Director, Department of Public Works Phone Number: 954-967-4320 Email Name: classiter@hollywoodfl.org Prog ressive Waste Solutions 3. Name: City of Miami Address: 1290 N.W. 20th Street Miami, FL 33142 Contact: Mario F. Nunez, Director, Department of Solid Waste Phone Number: 305-960-2804 Email Name: mfnunez@miarnigov.com ato`1Yrv Appendix A BID SUBMITTAL FORM: RECYCLABLE MATERIALS PROCESSING SERVICES ITB No.: 2013.14-9500-00.011 FEIN NO. : 2/ 0- 0 / 4 / 3/ 5 / 9/ 4 / 0 (Bidders Federal Employer Identification Number) If none, Bidder's Social Security Number The undersigned Bidder cerlifres that his bid Is submitted in accordance with the hid spedflcations and conditions governing this bid, and that the Bidder will accept any award's) made to him as a result of this bid. FIRM NAME: STREET ADDRESS: Progressive Waste Solutions of FL, Inc. 3840 N.W. 37th Court CITYISTATEIZIPCODE: Miami, FL 33142 TELEPHONENO.: (305) -694-7222 FAX NO.: (305) -694-7207 E-MAIL: brendon.pantano@progressivewaste.com By signing this document the Bidder agrees to ail of the terms and conditions of this Solicitation and the Agreement that is attached hereto in Section 7 of this :TB. NA RE ` `�J�•..� Date $ try AUTHORIZED SiG �/�� PERSON AUTHORIZED TO ENTER INTO CONTRACTUAL AGREEkiENT PRINT NAME OF BIDDER'S REPRESENTATIVE TITLE OF BIDDER'S REPRESENTATIVE Dean DiValerio Southeast Region Vice President THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NONRESPONSIVE, THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. 24 4j C7{� Appendix B Swami -rim. CHECKLIST RECYCLABLE MATERIALS PROCESSING SERVICES ITB No.: 2013-14-9500-00-011 This checklist is provided for Bidder's convenience only. It identifies the sections of this submittal document that must be completed and submitted with each response. Any Bid that fails to include one or mare of these sections may be rejected as being non -responsive. Please be advised that this checklist may not necessarily include all of the requirements listed in this Solicitation. This checklist sets guidelines for consideration, and may be added to as the need arises. Bidder's Name: TabiPar.e No. Progressive Waste Solutions of FLL, Inc_ Section One (1) Appendix A: Bid Submittal Form Appendix B: Submittal Checklist OFFICE USE ONLY Cost Package Tal?PPago No. Appendix C: Program Materials Revenue Form Section Two (2) USE ONLY Tab/Page No. Narrative Description Documents Section Three (3) A-1 Public Entity Grimes Affidavit ' Of.FICG iiSC - ONLY i'is�''- if. A-2 Non- Collusion Affidavit A-3 Insurance Requirement -6=y'. A-4 Insurance Check List . # - A-5 Bidder's Acknowledgement ,e.. A-6 City of Hialeah Disclosure Affidavit = ,-= _; .. . „N A-7 Assignment of Antitrust Claims A-8 Bidder's Qualifications and References. A-9 Bidder's Subcontractors; _ .tr , _,- FOR PURCHASING OFFICE USE ONLY Responsive { i Non -Responsive 1 ] Other: Comment: 25 Appendix C (Revised July 28, 2014) PROGRAM MATERIALS REVENUE FORM RECYCLABLE MATERIALS PROCESSING SERVICES ITB No.: 2013-14-9500-00-011 The Contractor's payments to the City shall be calculated in the manner described in Section 6.A of the Agreement for Processing Recyclable Materials ("Agreement'), which is attached to the City's ITB. Sample calculations are presented in Exhibit 3 to the Agreement. In pertinent part, Section 6.A.1 of the Agreement provides: "(a) Each month, the Contractor shall calculate the Average Market Value (AMV) of the Program Materials, defined as the sum of the Southeast USA regional average commodity prices (U.S. Dollars per Ton) first posted in the month for which payment is being made in RecyclfngMarkets.net, multiplied by the composition percentages identified in Exhibit 2 [of the Agreement]. .. . (b) A Contractor's Fee of Fifty Dollars ($50,00) per Ton shall be deducted from the AMV. This fee shall be adjusted as specified in Section 6.A.(2) [of the Agreement]. (c) The Contractor shall pay the City a percentage, as provided in Exhibit 1 [of the Agreement], of the remaining amount, for each Ton of Program Materials delivered to the Designated Recycling Facility during that month. The percentage payable to the City is percent ( !) of the AMV (net of Contractor's Fee)." in this ITB, the City wants to determine the percentage that a Bidder/Contractor will pay to the City pursuant to Section 6.A.1(c) of the Agreement. In the space provided below, the Bidder shall write the percentage that the Bidder will pay to the City, pursuant to Section 6.A.1(c) of the Agreement, for each Ton of Program Materials delivered to the Bidder's Designated Recycling Facility by the City or its Contract Haulers: Percent of AMV [write the number in words] % of AMV [write the number} A. By signing and submitting this document, the Bidder: (1) acknowledges that he/she/it has carefully reviewed the terms, conditions, and requirements contained in this Solicitation, including the Agreement; and (2) If selected by the City, the Bidder will promptly execute the Agreement, as is, without change, and will comply with the requirements in the Agreement. B. The Bidder agrees that, after the City's Program Materials are delivered to the Bidder's facility, any and all costs associated with Processing, marketing, and transporting the Program Materials (including but not limited to the costs for the transportation and disposal of Rejects and Residue) shall be paid by the Bidder, except when the Agreement explicitly provides otherwise. C. The Bidder acknowledges that the capitalized words in this form are defined in the Agreement and shall have the meaning set forth therein. D. By signing and submitting this document, i hereby certify that I am authorized to act on behalf of the Person (Le., individual, partnership, corporation, association, or other entity) submitting this Bid and that all statements made in this Bid are true and correct. The Bidder agrees to hold this offer open for a period of one hundred and eighty (180) days from the deadline for the delivery of Bids. If the Bidder is selected as the top - ranked Bidder, the Bidder agrees to hold this offer open for such further period as is necessary for obtaining a final award and executing the Agreement. Progressive Waste Solutions of FL, Inc. Name of Bidder (Please Print) Dean DiValerio Southeast Region Vice President Name of Bidder's Agent (Please Print) Title: Signature of Bidder's Agent D te: WITNESSES C&),t/cs , . Verne Witness Na y- (Please Prin re e/e G r9o� Witness Na (Please nnt) Wtnes ature S(9.-- Form A -I SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the City of Hialeah, Florida, by Dean DiValerio, Southeast Region Vice President (print individual's name and title) For Progressive Waste Solutions of FL, Inc. (print name of entity submitting sworn statement) whose business address is 3840 N.W. 37th Court Miami, FL 33142 and (if applicable) its Federal Employer Identification Number (FEIN) is 2 0 - 0435940 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1) (g), Florida Statute& means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida ,Statutes, means a finding of guilt or a conviction of a public entity crime, with or without au adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictrnent or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate as defined in Paragraph 287.133 (1) (a), Florida Statutes. means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate, 5. I understand that a "person" as defined in Paragraph 287.133 (1) (e) Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business 28 with a public entity. Tlie terry "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or orie or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate ofthe entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. T The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Judge of the State of Florida, Division of Administration Hearings and the Final Order entered by the Administrative Law Judge determined that it was not in the public interest to place the person or entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER. 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT 1N EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this day of Personally known OR Produced Identification (Type of identification) 29 (signature) Notary Public - State of (Printed typed or stamped commissioned name of notary public) Notary Pubtk Stmc . r r 0 ,ela Deborah A 3iJ: ,,A My Cnn rr ;ea " � } 35456 'fr;rts tO r, 7/2a15 State of County of Form A-2 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER Florida ) Broward ) Dean DiValerio , being first duly sworn, deposes and says that: Southeast Region (1) He is Vice President Ltitlelof Progressive [name of entity], the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: (3) Such Bid is genuine and is not a collusive or sham Bid; Waste Solutions of FL,Inc. (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed directly or indirectly with any other Bidder. firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person, or to fix any overhead, profit or cost element of the Bid price or the Bid price any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Hialeah (Local Public Agency) or any person interested in the proposed Contract; and The price or prices quoted in the attached Bid are Lair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including thi affiant. Subscribed and sworn to before me This (Title) My commission expires Notary Plibilt State of Florida Deborah A Burgos My Commlaalon EE13545E op n Expires t0/07/2015 30 ( ) a,c7/3 Dean DiValerio a�- (Title) Title Southeast Region Vice President Form A-3 (Revised July 28, 2014) JNSIJRANCE REQUIREMENTS See Insurance Check List for Applicability to this contract. The Contractor shall be responsible for its work and every part thereof, including all materials, tools, appliances and property of every description used in connection therewith. The Contractor shall specifically and distinctly assume all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property, wherever located, resulting from any action or inaction of the Contractor under the Agreement for Processing Recyclable Materials (Agreement) or in connection with the work. The Contractor shall, during the work under this Agreement, including extra work in connection therewith: Maintain Worker's Compensation and Employer's Liability Insurance covering all employees including any and all leased employees, to meet the statutory requirements of the State of Florida, to protect themselves from any liability or damage which may arise by virtue of any statute or law in force or which may hereafter be enacted, Maintain General Liability Insurance in amounts prescribed by the City to protect the Contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the Agreement or in connection with the work. Maintain Automobile Liability Insurance, including Property Damage, covering all used or operated automobiles and equipment used in connection with the work. When naming the City of Hialeah as an additional insured onto the Contractor's policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. An endorsement to the policy(ies) shall be issued accordingly and the certificate will state the above. The insurance coverage shall extend to and include the contractual indemnity and hold harmless language contained in the Agreement. Original, signed certified Insurance Certificates evidencing such insurance and such endorsements as prescribed herein shall be filed by the Contractor, before the work is started, with the City of Hialeah. The certificate must state the Solicitation Number and Title. Products and Completed Operations Liability shall be provided, as stated in the Insurance Check List. The Contractor will secure and maintain policies for subcontractors. All policies shall be made available to the City upon demand. The Contractor shall take note of the indemnification contained in the Agreement. and The Contractor shall obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Hialeah under the indemnification provisions in the Agreement from3nd ^" claims on ing of the Contractor's 0 . Further, the Contractor will notify its insurance agent without delay of the existence of the indemnification requirement contained within the Agreement, and furnish a copy of the Agreement to the insurance agent. The City shall be named as additional insured on the Automobile and General Liability policy(ies) with proof to be stated on the Certificates provided to the City and this coverage to be primary to all other coverage the City possesses. SUPERVISION Contractual and any other Liability Insurance provided under the Agreement shall not contain a supervision, inspection, engineering services exclusion that would preclude the City from supervising and/or inspecting the Contractor's work. The Contractor shall assume all on-the-job responsibility as to the control of Persons directly employed by the Contractor and/or the subcontractor and Persons employed by the subcontractor. CONTRACTS Nothing contained in the Solicitation or Agreement shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractors and of persons employed by them, as the Contractor is for acts and omissions of Persons directly employed by the Contractor. PROTECTION Precautions shall be exercised at all times for the protection of Persons, including employees, and property. All existing structures, utilities, roads, services, trees, shrubbery, etc., shall be protected against damage or interrupted service at all times by the Contractor during the term of the Agreement. The Contractor shall be held responsible for any damage to any Person or property occurring by reason of the Contractor's operation under the Agreement. CROSS LIABILITY It is understood and agreed that the inclusion of more than one insured under the Contractor's policy shall not restrict the coverage provided by the policy for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insurers hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair for such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. CERTIFICATE OF INSURANCE THE CITY TO BE ENDORSED ONTO THE POLICY AS AN ADDITIONAL INSURED THUS PROVIDING THE CANCELLATION NOTIFICATION PROVISIONS TO THE CITY AS FOUND IN THE POLICY. OUT-OF-STATE NON --RESIDENT AGENT When a certificate is issued by an out-of-state non-resident agent with a "920" License, the name, address and telephone number of the Florida Resident Agent must be listed in the space provided on the checklist and on the Certificate of Insurance provided. SMALL DEDUCTIBLE POLICIES All policies issued to cover the insurance requirements herein shall must satisfy the requirements contained in the Agreement. Form A-5 SUBMIT BIDS TO: CITY OF HIALEAH OFFICE OF THE CITY CLERK 501 PALM AVENUE, 3"' Fluor CITY OF HIALEAH INVITATION TO BID Bidder Acknowledgment }IIALEAkl. FL 33010 Page I of3 Telephone Number (305) 583-5859 Melling Date ilun_e_30. 2014 Bid No. 2013-14-9500.00-011 Bld may not be wi hdrawn within ISO DAYS after the bid opening. August I2, 2014 Bid Title Recyclable Materials Processing Services All awards made as a result of this bid shall conform to applicable Florida Statutes and City of Hialeah Charter and Ordinances Reason far "no hid" NAME OF VENDOR Progressive Waste Solutions of FL, Inc. AREA CODE 305 TELEPHONE NUMBER 694-7222 MAILING ADDRESS 3840 N.W. 37th Court BUSINESS ADDRESS 3840 N.W. 37th Court CITY - STATE- ZIP CODE Miami, FL 33142 Miami, FL 33142 I certify that this bid is made without prior understanding agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, o equipment, and is in all respects fair and with -out collusion p 1 J . c...-- l or fraud. 1 agree to abide by all conditions of this bld and the Agreement. 1 certify that I am authorized to sign this bid for the bidder. AUTHORIZED SIGNATURE (MANUAL) Dean D i Val eri a Southeast Region Vice President AUTHORIZED SIGNATURE (TYPED) TITLE GENERAL C SEALED BIDS: This form must be executed and submitted in a sealed envelope with the Bidder's Qualification Package. Bids not submitted with this bid form may be rejected. 1. EXECUTION OF BID: Each Bid mast contain a manual signature of the Bidder's authorized representative in the space provided above. 2. NO BID: If not submitting a bid, respond by returning this form, marking it "No Bid", and explain the reason in the space provided above. Repeated failure to quote, without sufficient justification, shall be cause for removal of the supplier's name from the bid mailing list. Note: To qualify as a respondent, bidder must submit a "No Bid" and it must be received no lacer than the stated bid opening date and hour. 3. BID OPENING: Shall be at a public opening commencing at the time and date specified In the Solicitation. It is the Bidder's responsibility to assure that its bid is delivered at the proper time and place of the bid opening. Bids which for any reason are not so delivered will not be considered. Offers by telegram or telephone are not acceptable. 35 4. PROOF OF CAPABILITY: The Bidder may be required before the award of any contract, to show to the complete satisfaction of the City Council that it has the necessary facilities, ability and financial resources to perform the bid requirements in compliance with the Agreement. s. PATENTS AND ROYALTIES: The Bidder, without exception, shall indemnify and save harmless the City of Hialeah and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process or article manufactured or used in the performance of the contract, including its use by the City of Hialeah, Florida. If the Bidder uses any design, device, or materials covered by letter, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials, in any way involved in the work. b. RATE OF WAGES: When applicable, the rate of wages for work covered by a public contract for those employed by any contractor or subcontractor shall not be less that the prevailing rate of wages far similar skills or classifications or work in the City of Hialeah. The Division of Labor and Employment Opportunities, Tallahassee, Florida, will furnish the prevailing wage rates in the City of Hialeah, upon request. 7. PRICES TERMS AND PAYMENT: Firm prices shall be quoted; the prices shall he typed or printed in ink and shall include all charges, unless otherwise explicitly stipulated in the Agreement, TAXES: A Bidder shall include ail applicable taxes hi its bid or proposal. A Bidder will not be excused from payment of state sales or transportation taxes or other applicable taxes. A Bidder shall not base a bid price on an assumption that that the City will utilize its tax exemption to purchase or order materials, equipment, etc. Any tax liability or tax payment resulting from any determination or interpretation of any law, rule, regulation or opinion is the sole responsibility of the Bidder. (b) DISCOUNTS: Bidders may offer a cash discount for prompt payment: however, such discounts shalt not be considered in determining the highest net price for bid evaluation purposes. Bidders are encouraged to reflect cash discounts in the prices quoted. MISTAKES: Bidders are expected to examine the Agreement, specifications, delivery schedule, bid prices, and all instructions pertaining to supplies and/or services. Failure to do so will be at Bidder's risk. (a) (c) (d) SAFETY STANDARDS: All of Bidder's activities under the Agreement shall comply with the applicable requirements of the Occupational Safety and Health Act and any standards thereunder. 8. AWARDS: As the best interest of the City may require, the City reserves its right to make award(s), or reject any and all bids, or waive any minor informality or technicality in bids received 9. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided an the bid form. Each Bidder may submit with his proposal, descriptive literature and/or complete specifications covering the Bidder's facilities and equipment. ie. INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed to the City, as provided in the Solicitation. Inquiries must reference the date of bid opening and title. Failure to comply with this condition will result in Bidder waiving his right to dispute the bid specifications. 36 it. PRICE ADJUSTMENTS: Any price decrease effectuated during the contract period either by reason of market change or on the part of the Contractor to other customers shall be passed on to the City of Hialeah. iz. ADVERTISING: In submitting a proposal, Bidder agrees not to use the results therefrom as a part of any commercial advertising. 13. LIABILITY: The Bidder shall hold and save the City of Hialeah, its officers, agents, and employees harmless from liability of any find In the performance of the Agreement. id, EQUAL EMPLOYMENT OPPORTUNITY: The City of Hialeah endorses Equal Employment and incorporates the non-discrimination clause in this Invitation to Bid. 15, SPECIFICATION SILENCE: Apparent silence on the specifications as to any details, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning only the best commercial practices will prevail and that only materials and workmanship of first quality are to be provided. All interpretations of the Specifications shall be made upon this statement. NOTE: THIS BID CONSTITUTES AN OFFER FROM THE BIDDER. IF ANY OR ALL PARTS OF THE BID ARE ACCEPTED BY THE CITY OF HIALEAH, AN AUTHORIZED REPRESENTATIVE OF THE CITY SHALL AFFIX HIS/HER SIGNATURE TO THE AGREEMENT, WHICH SHALL THEN CONSTITUTE THE WRITTEN AGREEMENT BETWEEN THE PARTIES. THE CITY HEREBY RELIES UPON ANY REPRESENTATIONS BY THE BIDDER AS ARE CONTAINED HEREIN. 37 CITY OF HIALEAH RECYCLABLE MATERIALS PROCESSING SERVICES RFP #2013114-9500.00.011 ADDENDUM No. 1 CONTRACTOR'S NAME Progressive Waste Solutions of FL, Inc. ADDRESS 3840 N.W. 37th Court, Miami, FL PHONE NO. 305-694-7222 cvNTA CT NAME Dean DiValerio SIGNATURE' THE BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDUM BY SIGNING AND DATING BELOW: (Copy of this form must be faxed immediately to the City of Hialeah at (305) 883.5871). ADDENDUM SIGNATURE DATE 1 C17,;3,e ARF ADDENDUM No. 1 TO: ALL BIDDERS FROM: CITY OF HIALEAH REP #: 2013/14.9500.00.011 RE: ITB — Recyclable Material Processing Services DATE: JULY 10, 2014 The original contract documents for the entitled: RECYCLABLE MATERIALS PROCESSING SERVICES needs to be amended as noted in this Addendum No. 1. This Addendum No. 1 consists of 1 typed page, 0 attachment, and 1 addendum receipt form (ARF). All other items and conditions of the original Contract Documents shall remain unchanged. This Addendum shall become a part of the Contract Documents. Approved for issue: f* Angel Ayala — Acting Purchasing Director Date: July 10, 2013 ACKNOWLEDGMENT Receipt of this Addendum No. 1 shall be acknowledged in the space provided on the ADDENDUM RECEIPT form — ARF (Copy attached) now a part of the Contract Documents to be faxed immediately to the City of Hialeah Purchasing Division (305) 883-5871 and submitted with sealed bids, IN THE CONTRACT DOCUMENTS: Amendment to the following sections: Cover Page: REPONSE SUBMISSION DATE AND TIME Tuesday, August 12th, 2014 @ 11AM Addendum No, i Page 1 END OF ADDENUM No. 1 CITY OF HIALEAH RECYCLABLE MATERIALS PROCESSING SERVICES ITS #2013!14-9500.00.011 ADDENDUM No. 2 CONTRACTOR'S NAME Progressive Waste Solutions of FL, Inc. ADDRESS 3840 N.W. 37th Court, Miami, FL 33142 PHONE NO. 305-694-7222 CONTACT NAME Dean DiValerio SIGNAT RE l c..� te~-- THE BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDUM BY SIGNING AND DATING BELOW: (Copy of this form must be faxed immediately to the City of Hialeah at (305) 883-5871). ADDENDUM 2 SIGNATURE DATE ARF ADDENDUM No. 2 TO: ALL BIDDERS FROM: CITY OF HIALEAH iT13#: 2013/149500.00-011 RE: ITS — Recyclable Material Processing Services DATE; JULY 22, 2014 The original Invitation To Bid Document for the entitled: RECYCLABLE MATERIALS PROCESSING SERVICES ITS No. 2013f14-9500.00.011 needs to be amended as noted in this Addendum No. 2, This Addendum No. 2 consists of 1 typed page, 0 attachment, and 1 addendum receipt form (ARF), All other items and conditions of the original Invitation to Bid Document shall remain unchanged. This Addendum shall become a part of the Invitation to Bid Document. Approved for issue: Angel Ayala — Acting Purchasing Director Date: July 22, 2013 ACKNOWLEDGMENT Receipt of this Addendum No. 2 shall be acknowledged in the space provided on the ADDENDUM RECEIPT form — ARF (Copy attached) now a part of the Invitation to Bid Document to be faxed immediately to the City of Hialeah Purchasing Division (305) 883- 5871 and submitted with sealed bids, IN THE INVITATION TO BID DOCUMENT: Amendment to the following sections: Section 3.2, page 14 (last sentence in the second paragraph) shall now read: The City also estimates that It will spend ninetysix cents ($0.96) per ton per mile to transport Its Program Materials to the Designated Recycling Facility. Addendum No.2 Page 1 END OF ADDENUM No. 2 CITY OF HIALEAH ITB-Recyclable Waste Materials 2013/14-9500-00-011 ADDENDUM No. 3 COMPANY NAME Progressive Waste Solutions of FL. Inc. ADDRESS 3840 N.W. 37th Court, Miami, FL 33142 PHONE NO. 305-694-7222 CONTACT NAME Dean DiValerio SIGNATE THE BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDUM BY SIGNING AND DATING BELOW: (Copy of this form must be faxed immediately to the City of Hialeah at (305) 883.5871). ADDENDUM 3 SIG�UR� DATE wJJ 17/49 ARF ADDENDUM No. 3 TO: ALL BIDDERS FROM: CITY OF HIALEAH BID #: 2013.14-9500.00.011 RE: RECYABLE MATERIALS PROCESSING SERVICES DATE: August 04, 2014 The original contract documents for the entitled: ITB - Recyclable Materials Processing Services need to be amended as noted in this Addendum No. 3. This Addendum No. 3 consists of 12 typed pages and 2 attachments. All other items and conditions of the original Contract Documents shall remain unchanged. This Addendum shall become a part of the Contract Documents. Approved for issue: Angel Ayala - Purchasing Director Date: August 04, 2014 ACKNOWLEDGMENT Receipt of this Addendum No. 3 shall be acknowledged in the space provided on the ADDENDUM RECEIPT form — ARF (Copy attached) now a part of the Contract Documents to be faxed immediately to the City of Hialeah Purchasing Division (305) 883-5871 and submitted with sealed bids. QUESTIONS AND ANSWERS: On July 25, 2014, the City received a list of questions from Progressive Waste Solutions of Florida, Inc. ("Progressive"), concerning the City's ITB. Progressive's questions are quoted below. The City's responses to Progressive's questions are set forth in italics beneath each question. Progressive's Question No. 1: 1. Section, 2.2.9, Page 10-11: If the bidder Is a subsidiary, will the City accept copies of the most recent annual financial reports and audits of the subsidiary's parent company? City's Response: Yes, the records of the parent corporation are acceptable, if the records provide the requested information concerning the Bidder (i.e., subsidiary), Progressive's Question No. 2: 2. Section, 2.2.9, Page 10-11: Could the City please clarify what documentation is required for the Bidder to demonstrate its ability to satisfy its financial commitments to the City under the agreement? Addendum No. 3 Page 1 City's Response: The City would like to see documentation confirming that the Bidder is solvent and operating profitably. Progressive's Question No. 3: 3. Section 3.2, Page 14: Could the City please clarify how the annual revenue will be determined as a method of award, as it would appear that the language in the first paragraph on this page differs from how to arrive at the annual revenue based on the calculation of the Contractor's monthly fee to the City for each Ton of Program Materials delivered to the Designated Recycling Facility as articulated In Section 6. A. (1) (a-d) of the Agreement? City's Response: The City's work will be awarded on the basis of the net revenue that will be derived by the City for its Program Materials. Net revenue will be calculated in the manner described in Section 3.2 of the City's !TB. The calculation of net revenue is different than the calculation of the monthly payments to the City under Section 6 of the Agreement for Processing Recyclable Materials ("Agreement"). More specifically, when the City decides whether to award its work to a Bidder, the City will consider the costs the City will incur when transporting its Program Materials to tha Bidder's Designated Recycling Facility. After the City awards its work to a Bidder, the payments to the City will be calculated in accordance with Section 6 of the Agreement. After the award, it will not be necessary for the Bidder/Contractor to account for the City's transportation costs. Progressive's Question No. 4: 4. Section 3.15, Page 19: Could the City please clarify and confirm if bidders' qualifications will be reviewed at the bid opening? Additionally, will a determination be made during the bid opening to deern bidders as qualified before the Program Materials Revenue Forms are read aloud in accordance with Section 3.2 on page 13? City's Response: The Bidders' qualifications will not be evaluated at the "bid opening" —the date and time when the bids are submitted to the City. The Bidders qualifications will be evaluated by the City at a later date. if a Bidder is deemed qualified, the Bidder's Cost Proposal and Program Materials Revenue Form will be opened. The Cost Proposals and the Program Materials Revenue Forms will not be opened on the day when the Bids are submitted to the City. Progressive's Question No. 5: 5. Section 4.1, Page 20: Would the City please consider removing the requirement that each bid be double- sided as some of the forms contained in the bid have multiple pages that require original signatures and might be difficult to ensure that such forms are double sided? Addendum No. 3 Page 2 City's Response: Each Bidder should use double-slded paper, but only to the extent the Bidder deems it practicable to do so. A Bidder will not be disqualified if the Bidder uses single -sided paper In Its Bid. Progressive's Question No. 6: 6, Section 4.2, Page 20: Could the City please confirm if bidders shall submit one (1) Original bid and five (5) complete copies in an envelope or package? City's Response: Yes, a Bidder should submit its original bid and five (5) copies in one envelope or package. Please also note the City's Response to Progressive's Question No. 7, Progressive's Question No. 7: 7. Section 4.3, Page 20: Could the City please confirm if bidders can submit one (1) Original and five complete copies of the"Qualification Package" in one (1) envelope or package and one (1) Original and five complete copes of the "Cost Package" in (1) envelope or package? City's Response: Yes, a Bidder must submit the original and five (5) copies of the Qualification Package in one envelope or package. A Bidder also must submit the original and five (5) copies of the Cost Package in a different envelope or package. These two (2) envelopes or packages (i.e., one envelope or package for the Qualification Package and one separate envelope or package for the Cost Package) must then be placed in one larger envelope or package. Stated differently, the City wants to receive the Bidder's entire submittal in one envelope or package, which shall contain two (2) separate envelopes or packages —one for the Qualification Package and a separate one for the Cost Package. Progressive's Question No. 8.A: 8. Appendix C, Program Materials Revenue Form, Page 26: Could the City please clarify how the Bidder shall determine and write the percentage of the Average Market Value that it will pay to the City for each Ton of Program Materials delivered to the Bidder's Designated Recycling Facility as the following language after the words Average Market Value in the first paragraph on this page: "(minus the Contractor's service fee)," is somewhat unclear. Addendum No. 3 Page 3 Clty's Response: The Contractor's payments to the Clty shall be calculated in the manner described in Section 6 of the Agreement. The Bidder should use the same method of calculation when deciding how much of the Average Market Value ("AMV") the Bidder will offer to pay the City. in the Program Materials Revenue Form, the language quoted by Progressive (i.e., "(minus the Contractor's service ken refers to the Contractor's fee of Fifty Dollars ($50.00), as described In Section 6.A(1)(b) of the Agreement. Progressive's Question No. 8.B: Would the City consider having the following language and example provided below incorporated onto Appendix C, Program Materials Revenue Form to assist with determining the percentage of the Average Market Value that Bidder shall write on the form? Payment Per Ton shall be calculated as follows: Each month, the Contractor shall calculate the AMV of the City's Program Recyclables, defined as the sum of the Southeast USA regional average commodity prices (U.S. Dollars per Ton) first posted in the month for which payment is being made in RecyclingMarkets.net, multiplied by the composition percentages identified in Section 3.2 on page 15 of the bid and Exhibit 2 on page 30 of the Agreement. A fifty dollar ($50.00) Contractor's Fee shall be deducted from the AMV. This fee shall be adjusted as specified in Section 6.A.(2). The Contractor shall pay the City a percentage, as provided in Exhibit 1, of the remaining amount, for each Ton of Program Materials delivered to the Designated Recycling Facility during that month. The percentage payable to the City Es percent ( %) of the AMV (net of Contractor's Fee). Example: AMV - $50.00 (Contractor's Fee) x % (Bid Percentage) $ City's Response: (Corresponding revenue per ton based on AMV and Bid Percentage) Progressive's proposed text is similar, but not identical, to the text in the Agreement. The City will revise Appendix C, the Program Materials Revenue Form, to include the relevant text from the Agreement. Appendix C, as revised, is attached to this Addendum. Each Bidder must submit the revised version of Appendix C with their Bid. Progressive's Question No. 9: 9. Form A-2 - Non -collusion Affidavit of Prime Bidder, Page 30: Where shall the printed name and title of the bidder's authorized representative be placed on this page? Addendum No. 3 Page 4 City's Response: The printed name and title of the Bidder's authorized representative should be placed in Section (1), as shown on Form A-2. Progressive's Question No. 10: 10. Forrn A-3 - insurance Requirements, Page 31 (Third Paragraph from the bottom of page): Would the City, please consider deleting the following language "arising out or and inserting the following language in its place "caused by the negligence or willful misconduct of contractor in?" City's Response: The City will revise this section in Form A-3. As revised, Form A-3 shall read as follows: The Contractor shall take note of the Indemnification contained in the Agreement_ and The Contractor shall obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Hialeah under the indemnification provisions in the Agreement ems. Note: New language is underlined and deleted language is shown as striskien.) A revised version of Form A-3 is attached to this Addendum. Each Bidder must submit the revised Form A-3 with their Bid. Progressive's Question No. 11: 11. Forrn A-3 - Insurance Requirements, Page 32 (Last section on the page): Would the City please consider deleting the section titled "Small Deductible Policies? City's Response: The City will revise the section entitled "Small Deductible Policies" in Form A-3. As revised, Form A-3 shall read as follows: All policies Issued to cover the insurance requirements herein shall must satisfy the requirements contained in the Agreement. veil ,ar_ „li ies r�`po■*.zr�T Addendum No. 3 Page 5 A revised version of Form A-3 is attached to this Addendum. Each Bidder must submit the revised Form A-3 with their Bid. Progressive's Question No. 12: 12. Form A-3 - Insurance Requirements, Page 33, (13. LIABILITY): Would the City please consider deleting this provision as it appears to be covered in further detail in the indemnification section of the agreement? City's Response: The City does not understand this comment because the comment does not appear to correspond with the sections of the ITB. Form A-3 does not include page 33 and there is no Section 13 in Form A-3. Form A-4 contains a Section 13, but Section 13 is not located on page 33 of the ITB, and Section 13 Is not entitled "Liability." Further, Section 13 of Form A-4 is not applicable to this 1TB and, therefore, Section 13 does not need to be deleted. Progressive's Question No. 13: 13. Form A-4, Insurance Requirements, Page 34: Whose signature shall be placed in the location for "Signature of Bidder's Agent" on this page? City's Response: The Bidder's insurance agent should sign In this location. Progressive's Question No. 14: 14. Form A-4, insurance Requirements, Page 34: Whose signature shall be placed In the location for "Signature of Florida Resident Agent" on this page? City's Response: The Bidder's Florida resident insurance agent should sign in this location. Progressive's Question No. 15: 15, Form A-4, Insurance Requirements, Page 34: Could the Cty please clarify what information should be placed In the location below for "Agent's Errors and Omissions Policy" on this page? City's Response: In this location, the Bidder should identify: (1) the company that provides the agent's Errors and Omissions Policy; (2) the expiration date of the Errors and Omissions Policy; (3) the amount of coverage provided under the Errors and Omissions Policy; and (4) the Policy Number for the Errors and Omissions Policy. Addendum No. 3 Page 6 Progressive's Question No. 18! 16. Form A•4, Insurance Requirements, Page 34: Could the City please clarify what information should be placed in the location for "Name and Location of Agency" on this page? City's Response: In this location, the Bidder should provide the name and location of the insurance agency for the Bidder's Florida resident insurance agent. Progressive's Question No. 17: 17. Agreement, Section 4 D. (1), Page 8: Would the City please consider inserting the following language: "non -propriety and non - confidential," between the words "the" and "records" in the third line of this provision? City's Response: No. The Agreement requires the Contractor to "create, maintain, and make available all of the records required (under the Agreement] as well as any records required under Applicable Law." The City will not change this provision in the Agreement because the City does not want the Contractor to refuse to produce Its records under a broad claim that such documents are "proprietary" or "confidential." Progressive's Question No. 18: 18. Agreement, Section 4 D. (5), Page 8 Would the City please consider inserting the following language: "non -propriety and non - confidential," between the words "the" and "books" In the first line of this provision? City's Response: No. Under the Agreement, the Contractor must maintain and allow access to ifs records relating to the Contractor's performance under this Agreement. Progressive's Question No. 19: 19. Agreement, Section 6, A. (3-5), Page 10-11: Could the City please clarify what the methodology will be for conducting the composition study? Addendum No. 3 Page 7 City's Response: The methodology used for any composition study must be designed to fairly determine the components of the Program Recyclables delivered to the Contractor's Designated Recycling Facility. The City anticipates that any such study shall use a methodology that is comparable to or more comprehensive than the one used by the City in May 2014 for the purposes of preparing the City's !TB. The City's 2014 composition study is available on the City's webpage. The methodology used for the City's composition study is described in Appendix A to that study. Progressive's Question No. 20: 20. Agreement, Section 6. A. (3.5), Page 10.11: Would the City please consider having the final methodology for the composition study, and the selection of a qualified Person to conduct the study approved by mutual agreement between the City and Contractor? City's Response: No. The City will fairly consider any recommendations made by the Contractor, but the City reserves its exclusive right to approve (a) the methodology used in the composition study and (b) the Person that will conduct the composition study. Progressive's Question No. 21: 21. Agreement, Section 6. A. (3-5), Page 10-11: Will there be a set frequency for how often a composition study can be conducted? City's Response: No. it Is anticipated that a composition study will not be conducted unless one or both Parties believe the last composition study is no longer representative of the makeup of the City's Program Materials. Progressive's Question No. 22: 22. Agreement, Section 8. B., Page 12: Would the City please consider inserting the following language: "but only after the Contractor's failure to cure within twenty-four (24) hours of notice of such failure from the City," after the word "amounts° on the last line of this provision? Addendum No. 3 Page 8 City's Response: No. However, the City will revise Section 8.8.(4) of the Agreement to read as follows: Failure to submit timely records and reports (Section 4.E.) within one Work Day after the Contactor receives notice of such failure from the City. The Agreement shall be revised, as shown above, before the Agreement is executed by the Parties. Progressive's Question No. 23: 23. Agreement, Section 9, Page 13: Would the City please consider deleting the following language: "and shall resume regular service no later than the date when the City or the City's Contract Hauler (if any) resumes the collection of Program Materials," on the third and fourth line of this section? City's Response: Yes. This sentence in Section 9 of the Agreement shall be revised to read as follows: "However, Contractor shalt make its best effort to resume regular service as soon as possibl , ^^d "''aIf „ regular r encic t r fee mnr. the poll etien o f Grogram fl atcritils " The Agreement shall be revised,'as shown above, before the Agreement is executed by the Parties. Progressive's Question No. 24: 24. Agreement, Section 12, A., Page 15: Would the City please consider inserting the following language: To the extent covered by applicable insurance,' in front of the word "Contractor" at the beginning of thls section? City's Response: No. The Contractor's obligation to indemnify the City shall not be limited by the scope or amount of the Contractor's insurance. Progressive's Question No. 25: 25. Agreement, Section 12, A., Page 15: Would the City please consider deleting the following language: "of any kind (including negligent, reckless, willful or intentional) on the sixth line of this section and inserting In its place the following language: '("claims"), to the extent caused by the negligent or willful?" Addendum No. 3 Page 9 City's Response: No, The Contractor's obligation to indemnify the City shall not be limited In the manner requested. Progressive's Question No. 26: 26. Agreement, Section 12, A., Page 16: Would the City consider inserting the following language: "However, Contractor shall not be liable and its indemnification obligations shall not apply to any and all claims caused by the negligent or willful acts or omissions of the City" after the last sentence of this section? City's Response: No. However, the City will revise Section 12.A. of the Agreement by adding the following .sentence to the end of the existing text: "However, Contractor's indemnity does not include claims caused by the negligent acts or omissions of the City" The Agreement shall be revised, as shown above, before the Agreement Is executed by the Parties. Progressive's Question No. 27: 27, Agreement, Section 12, B., Page 16: Would the City please consider deleting the following language: "by Contractor" and inserting the word "City" In its place on the fifth line of this section along with deleting the remaining language of this section? City's Response: No. The City will not make the requested change. Progressive's Question No. 28: 28. Agreement, Section 15, B., Page 19: Would the City please consider deleting this section? City's Response: No. The City will not make the requested change. Progressive's Question No. 29: 29. Agreement, Section 15, C., Page 19: Would the City please consider deleting the word °City" and inserting the following words "either party" in its place on the second line of this section? Addendum No. 3 Page 10 City's Response: No. The City will not make the requested change. Progressive's Question No. 30: 30. Agreement, Section 16, Page 19: Would the City please consider deleting the word this section? City's Response: No. The City will not make the requested change. Progressive's Question No. 31: 31. Agreement, Section 25, Page 22: Would the City please consider deleting the following language: THE PARTIES EXPRESSLY, VOLUNTARILY, AND IRREVOCABLE WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM DR IN ANY WAY CONNECTED WITH THIS AGREEMENT," on the second and third line of this section? City's Response: No. The City will not make the requested change. Progressive's Question No. 32: 32. Agreement, Section 36, Page 24: Would the City please consider inserting the following language: "non-proprietary and non - confidential," between the words "the" and "books' on the first line of this section? City's Response: No. The City will not make the requested change. Progressive's Question No. 33: 33. Agreement, Section 40, Page 25: Would the City please consider deleting this section? City's Response: No. The City will not make the requested change. Addendum No. 3 Page 11 Progressive's Question No. 34: 34, Exhibit 3, Page 31: Could the City please clarify if the total amount of Program Materials used for the calculations of monthly payments to the City will include residue, rejects, contamination, and polycoated cartons? Would the City consider that the items mentioned in the previous question should not be included in the calculations for purposes of determining the monthly payments to the City? Would the City also consider not including inbound tonnage that is not marketable in the determination of the calculation of monthly payments to the City? City's Response: The Contractor's monthly payments to the City shall be based on the weight of all of the Program Materials delivered by the City or its Contract Hauler to the Contractor's Designated Recycling Facility, including any material that is deemed to be a residue, reject, contaminant, or polycoated carton. Stated differently, the payments to the City will be based on all of the in -bound tonnage that is delivered to the Designated Recycling Facility, including material that is not marketable. Addendum No. 3 Page 12 END OF ADDENUM No. 3 Appendix C (Revised July 28, 2014) PROGRAM MATERIALS REVENUE FORM RECYCLABLE MATERIALS PROCESSING SERVICES ITB No,: 2013-14-9500-40-011 The Contractor's payments to the City shall be calculated in the manner described in Section 6.A of the Agreement for Processing Recyclable Materials ("Agreement"), which is attached to the City's ITS. Sample calculations are presented in Exhibit 3 to the Agreement. In pertinent part, Section 6,A.1 of the Agreement provides: t(a) Each month, the Contractor shall calculate the Average Market Value (AMV) of the Program Materials, defined as the sum of the Southeast USA regional average commodity prices (U. S. Dollars per Ton) first posted in the month for which payment is being made in RecyclingMarkets.net, multiplied by the composition percentages identified in Exhibit 2 [of the Agreement]. .. . (b) A Contractor's Fee of Fifty Dollars ($50, 00) per Ton shall be deducted from the AMV. This fee shall be adjusted as specified in Section 6.A.(2) fof the Agreement], (c) The Contractor shall pay the City a percentage, as provided in Exhibit 1 fof the Agreement], of the remaining amount, for each Ton of Program Materials delivered to the Designated Recycling Facility during that month. The percentage payable to the City is percent ( %) of the AMV (net of Contractor's Fee)." In this ITB, the City wants to determine the percentage that a Bidder/Contractor will pay to the City pursuant to Section 6.A.1(c) of the Agreement. In the space provided below, the Bidder shall write the percentage that the Bidder will pay to the City, pursuant to Section 6.A.1(c) of the Agreement, for each Ton of Program Materials delivered to the Bidder's Designated Recycling Facility by the City or its Contract Haulers: Percent of AMV [write the number in words] % of AMV [write the number] A. By signing and submitting this document, the Bidder: (1) acknowledges that he/she/it has carefully reviewed the terms, conditions, and requirements contained in this Solicitation, including the Agreement; and (2) if selected by the City, the Bidder will promptly execute the Agreement, as is, without change, and will comply with the requirements in the Agreement. B. The Bidder agrees that, after the City's Program Materials are delivered to the Bidder's facility, any and all costs associated with Processing, marketing, and transporting the Program Materials (Including but not limited to the costs for the transportation and disposal of Rejects and Residue) shall be paid by the Bidder, except when the Agreement explicitly provides otherwise. C. The Bidder acknowledges that the capitalized words In this form are defined In the Agreement and shall have the meaning set forth therein. D. By signing and submitting this document, i hereby certify that I am authorized to act on behalf of the Person (Le., individual, partnership, corporation, association, or other entity) submitting this Bid and that all statements made in this Bid are true and correct. The Bidder agrees to hold this offer open for a period of one hundred and eighty (180) days from the deadline for the delivery of Bids. If the Bidder is selected as the top - ranked Bidder, the Bidder agrees to hold this offer open for such further period as is necessary for obtaining a final award and executing the Agreement. Name of Bidder (Please Print) Name of Bidder's Agent (Please Print) Title: Signature of Bidder's Agent Date: WITNESSES Witness Name (Please Print) Witness Signature Witness Name (Please Print) Witness Signature Form A-3 (Revised July 28, 2014) Lr1SURANCE REOUIREMENTS See Insurance Check List for applicability to this contract. The Contractor shall be responsible for its work and every part thereof, including all materials, tools, appliances and property of every description used in connection therewith. The Contractor shall specifically and distinctly assume all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property, wherever Located, resulting from any action or inaction of the Contractor under she Agreement for Processing Recyclable Materials (Agreement) or in connection with the work. The Contractor shall, during the work under !his Agreement, including extra work in connection therewith: Maintain Worker's Compensation and Employer's Liability Insurance covering all employees including any and all leased employees, to meet the statutory requirements of the State of Florida, to protect themselves from any liability or damage which may arise by virtue of any statute or Jaw in force or which may hereafter be enacted. Maintain General Liability Insurance in amounts prescribed by the City to protect the Contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the Agreement or in connection with the work. Maintain Automobile Liability Insurance, including Property Damage, covering all used or operated automobiles and equipment used in connection with the work. When naming the City of Hialeah as an additional insured onto the Contractor's policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments, An endorsement to the policy(ies) shalt be issued accordingly and the certificate will state the above. The insurance coverage shall extend to and include the contractual indemnity and hold harmless language contained in the Agreement. Original, signed certified Insurance Certificates evidencing such insurance and such endorsements as prescribed herein shall be filed by the Contractor, before the work is started, with the City of Hialeah. The certificate must state the Solicitation Number and Title. Products and Completed Operations Liability shall be provided, as stated in the Insurance Check List The Contractor will secure and maintain policies for subcontractors. All policies shall be made available to the City upon demand. The Contractor shall take note of the indemnification contained in the Agreement. end The Contractor shall obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Hialeah under the indemnification provisions in the Agreement from any and all claims ariaing out of the Contractor's epefations. Further, the Contractor will notify its insurance agent without delay of the existence of the indemnification requirement contained within the Agreement, and furnish a copy of the Agreement to the insurance agent. The City shall be named as additional insured on the Automobile and General Liability policy(ies) with proof to be stated on the Certificates provided to the City and this coverage to be primary to all other coverage the City possesses. SUPERVISION Contractual and any other Liability Insurance provided under the Agreement shall not contain a supervision, inspection, engineering services exclusion that would preclude the City from supervising and/or inspecting the Contractor's work. The Contractor shall assume all on-the-job responsibility as to the control of Persons directly employed by the Contractor and/or the subcontractor and Persons employed by the subcontractor. CONTRACTS Nothing contained in the Solicitation or Agreernent shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractors and of persons employed by them, as the Contractor is for acts and omissions of Persons directly employed by the Contractor. PROTECTION Precautions shall be exercised at all times for the protection of Persons, including employees, and property. All existing structures, utilities, roads, services, trees, shrubbery, etc., shall be protected against damage or interrupted service at all times by the Contractor during the term of the Agreement. The Contractor shall be held responsible for any damage to any Person or property occurring by reason of the Contractor's operation under the Agreement. CROSS LIABILITY It is understood and agreed that the inclusion of more than one insured under the Contractor's policy shall not restrict the coverage provided by the policy for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insurers hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair for such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. CERTIFICATE OF INSURANCE THE CITY TO BE ENDORSED ONTO THE POLICY AS AN ADDITIONAL INSURED THUS PROVIDING THE CANCELLATION NOTIFICATION PROVISIONS TO THE CITY AS FOUND IN THE POLICY. OUT-OF-STATE NON-RESIDENT AGENT When a certificate is issued by an out-of-state non-resident agent with a "920" License, the name, address and telephone number of the Florida Resident Agent must be listed in the space provided on the checklist and an the Certificate of Insurance provided. SMALL DEDUCTIBLE POLICIES All policies issued to cover the insurance requirements herein shall must satisfy the requirements contained in the Agreement. p e-ful1 coverage -fro rthe rst--dellar-of=ex pos Ne dad etthl :,' he issued en this centract unless speeific safcguaf red—Tlrt a e untsr'her-method esteblis#teri hey -the R sR-Meeager CITY OF HIALEAH ITS -Recyclable Waste Materials 2013/14-9500.00-011 ADDENDUM No. 4 COMPANYNAME Progressive Waste Solutions of FL, Inc. ADDRESS 3840 N.W. 37th Court, Miami, FL 33142 PHONE NO. 305-694-7222 CONTACT NAME Dean DiValerio SIGNATURE THE BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDUM BY SIGNING AND DATING BELOW: (Copy of this form must be faxed immediately to the City of Hialeah at (305) 883-5871). ADDENDUM SIGNATURE DATE ARF ' ADDENDUM No. 4 TO; ALL BIDDERS FROM:CITY OF HIALEAH BID #: 2013-14-9500-00-011 RE: RECYABLE MATERIALS PROCESSING SERVICES DATE: August 05, 2014 The original contract documents for the entitled: ITB - amended as noted in this Addendum No. 4. This Addendum No. 4 consists of 1 typed page and original Contract Documents shall remain unchanged. Documents. Recyclable Materials Processing Services need to be 0 attachments. All other items and conditions of the This Addendum shall become a part of the Contract Approved for issue: Date: Angel Ayala - Purchasing Director August 05, 2014 ACKNOWLEDGMENT Receipt of this Addendum No. 4 shall be acknowledged in the space provided on the ADDENDUM RECEIPT form — ARF (Copy attached) now a part of the Contract Documents to be faxed Immediately to the City of Hialeah Purchasing Division (305) 883-5871 and submitted with sealed bids. QUESTIONS AND ANSWERS: On August 4, 2014, the City received a question from Progressive Waste Solutions of Florida, Inc. ("Progressive"), concerning the City's ITB. Progressive's question and the City's response to Progressive's question are set forth below. Progressive's Question No. 1: In light of the numerous questions submitted for the Recyclable Materials Processing Services' ITB No. 2013-14-9500-00-011 and the City's responses via Addendum No. 3, Progressive Waste Solutions of FL, Inc. would like to ask the City for its consideration of extending the due for two weeks. City's Response: The City will not grant a two week extension. Therefore, the deadline for submittal of bids will remain as advertised; Tuesday, August 12, 2014 at 11 A.M. Addendum No. 4 Page 1 END OF ADDENUM No. 4 Form A-6 PURCHASING DIVISION CITY OF HIALEAH DISCLOSURE AFFIDAVIT Dean DiValerio being first duly sworn, state: The full legal name and business address* of the Person or entity contracting or transacting business with the City of Hialeah are: Progressive Waste Solutions of FL, Inc. 3840 N.W. 37th Court Miami, FL 33142 Phone Number 305-694-7222 FaxNutnber. 305-694-7207 If the contract or business transaction is with a corporation, the full legal name and business address* shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a partnership, the full legal name and business address' shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address* shall be provided for each trustee and each beneficiary. All such names and addresses are: Waste Services, Inc. located at 2301 Eagle Parkway, Siiit-P 700 Forth Worth, TX 76177 is Progressive Waste Solutions of FL. Inc. The full legal names and business addresses* of every other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable, beneficial or otherwise) in the contract or business transaction with the City of Hialeah are: None Bidder's Tax ID Number (F.E.I.N) or Social Security Number: 20 . 0435940 PROOF OF CORPORATE STATUS Please provide proof of corporate status. Each corporate Bidder roust demonstrate it is an active corporation in good standing in the State of Florida or any other State. It' incorporated in a State other than Florida, then please provide proof that the corporation is registered to do business in the State of Florida in addition to proof of active corporate status. It incorporated in Florida, a computer print-out tiorn the Department of State will be sufficient proof of corporate status. Proof of gpod standing also is required for all partnerships, limited partnerships, joint -ventures, etc. LEGAL SIGNATURE OF AFFIANT (Print or Type Legal Name ofAtiiant) Sworn to and subscribed before me this day of % 6l Oe Dean DiValerio Notary Public - State of: My Commission Expires: /D/7// Notary Public Stale of Ronda Deborah A Burgos My Commission EE135458 Expires 10107/2015 PrineType and Stamp commissioned name of Notary Public (NOTARY SEAT, Personally know or Produced Identification _ (_7`� Meat . Type of Ideati Fi tion Produced **Post office box addresses are not acceptable. 38 Form A-7 ASSIGNMENT OF ANTITRUST CLAIMS For, and in recognition of, good and valuable consideration„ receipt of which is hereby acknowledged, Progressive Waste Solutions of FL, Inc. Company Name acting herein by and through Dean DiValerio Individual Name its Southeast Region Vice President and duly authorized agent, Title of Individual's Position hereby conveys, sells, assigns and transfers to the City of Hialeah, Florida, all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing, relating to the particular goods or services purchased or acquired by the City of Hialeah, Florida pursuant to the City's ITB No. 2013-14-9500-00-0 I 1 for Recyclable Materials Processing Services and the City's Agreement for Processing Recyclable Materials. 0/i j yC.. D few Dean DiValerio Signature Southeast Region Vice President Tide Progressive Waste Solutions of FL, Inc. Name of Company Form A-8 BIDDER'S OUALWFICATIONS AND REFERENCES l . To assist the City of Hialeah in determining whether the Bidder is qualified to do the work set forth in the Bid and Agreement, the Bidder shall furnish hereunder a list of at least three (3) references who are qualified to judge the Bidder's qualifications and experience in providing work of a similar nature to that which the Bidder will perform for the City. If the Bidder will use a Designated Processing Facility in addition to a Designated Recycling Facility (e.g., a transfer station), the Bidder shall provide at least three (3) references for each facility. For each reference, please provide a name, address, phone number, and e-mail address (if available). 1. Name: City of Hallandale Beach, Address: 630 N.W. 2nd Street, Hallandale Beach, FL 33009, Contact: John Chidsey, Operations Manager Sanitation & Fleet, Department of Public Works, Phone Number: 954-457-3045, Email Address: jchidseyohaliandalebeachfl.gov 2. Name: City of Hollywood, Address: 1600 South Park Road, Hollywood, FL• 33021, Contact: Charles Lessiter, Interim Assistant Director, Department of Public Works, Phone Number: 954-967-4320, Email Address: clessiter@hollywoodfl.org 3. Name: City of Miami, Address: 1290 N.W. 20th Street, Miami, FL 33142, Contact: Mario F. Nunez, Director, Department of solid Waste, Phone Number: 305-960-2804, Email Address: mfnunez©miamigov.corn 2. The Bidder shall list its previous experience with similar projects, but shall not list more than ten (10) projects. 1. City of Coral Gables, 1,000 Tons Processed Annually 2. City of Hallandale, 1,215 Tons Processed Annually 3. Hillsborough County, 60,000 Tons Processed Annually, 4. City of Hollywood, 8,400 Tons Processed Annually 5. Islamorada, Village of Islands, 1,000 Tons Processed Annually 6. City of Miami, 3,200 Tons Processed Annually 7. Miami -Dade County, 100 Tons Per Day Processed 8. Miami Shores Village, 2,400 Tons Processed Annually 9. City of Sweetwater, 1,000 Tons Processed Annually 40 3, The Bidder shall list the name and address of the Recycling Facility and Processing Facility (if any) that is available for.the City in case the Bidder's bid is accepted. Name of Recycling/Processing Facility: Miami Recycling Facility (MRF) Address of Recycling/Processing Facility: 3840 N.W, 37th Court Miami, FL 33142 4. The Bidder shall list the names and addresses of each Person and firm that is a principal in the Bidder, Waste Services, Inc. located primarily at 2301 Eagle Parkway, Suite 200 Forth Worth, TX 76177 is the principal and 100k owner of Progressive Waste Solutions of FL, Inc. 5. The Bidder shall list the names of the Bidder's executives that will give personal attention to the Bidder's work under the Agreement. Dean DiValerio, Southeast Regional Vice President will be the officer and executive of Progressive Waste Solutions of FL, Inc. that will give his personal attention to the work performed under the agreement along with Area Manager, Damian Ribar and District Manager Brendon Pantano. 41 Form A-9 BIDDER'S SUBCONTRACTORS If the Bidder will have any subcontractors, the Bidder shall provide: (a) the name and address of each subcontractor; (b) the name and telephone number of the subcontractor's contact person; (c) a description of the work that will be performed by each subcontractor; and (d) the percent of the work that will be performed by the subcontractor, NONE END OF STATEMENT OF BIDDER'S QUALIFICATIONS 42 RESPONSE FOR: CITY OF HIALEAH'S INVITATION TO BID (ITB No. 2013-14-9500-00.011) FOR RECYCLABLE MATERIALS PROCESSING SERVICES DUE TUESDAY, AUGUST 12, 2014 11:00 A.M. SUBMITTED BY: Progressive Waste�luttoM Progressive Waste Solutions of FL, Inc. 3840 N.W. 37th Court Miami, FL 33142 Contact Person: Brendon Pantano Phone No. (305)-694-7222 FAX No. (305)-694-7207 FOR City of Hialeah City Clerk Office of the City Clerk City Hall, 3rd Floor 501 Palm Avenue Hialeah, FL 33010-4719 Electronic Copy — Cost Package A1104 °kw Progressive Waste Solutions TABLE OF CONTENTS — Cost Package Table of Contents Table of Contents TAB 1 1. PROGRAM MATERIALS REVENUE FORM (APPENDIX C) Page 1-2 1 Appendix C (Revised July 28, 2014) PROGRAM MATERIALS REVENUE FORM RECYCLABLE MATERIALS PROCESSING SERVICES ITS No.: 2013-14-9500-00-011 The Contractor's payments to the City shall be calculated in the manner described in Section 6.A of the Agreement for Processing Recyclable Materials ("Agreement"), which is attached to the City's ITS. Sample calculations are presented in Exhibit 3 to the Agreement. In pertinent part, Section 6.A.1 of the Agreement provides. f(a) Each month, the Contractor shall calculate the Average Market Value (AMV) of the Program Materials, defined as the sum of the Southeast USA regional average commodity prices (U.S. Dollars per Ton) first posted in the month for which payment is being made in RecyclingMarkets.net, multiplied by the composition percentages identified in Exhibit 2 [of the Agreement]. .. . (b) A Contractor's Fee of Fifty Dollars ($50.00) per Ton shall be deducted from the AMV. This fee shall be adjusted as specified in Section 6.A.(2) [of the Agreement]. (c) The Contractor shall pay the City a percentage, as provided in Exhibit 1 [of the Agreement], of the remaining amount, for each Ton of Program Materials delivered to the Designated Recycling Facility during that month. The percentage payable to the City is thirty- five percent (3 5.5%) of the AMV (net of Contractor's Fee)." (.) five In this ITB, the City wants to determine the percentage that a Bidder/Contractor will pay to the City pursuant to Section 6.A.1(c) of the Agreement. In the space provided below, the Bidder shall write the percentage that the Bidder will pay to the City, pursuant to Section 6.A.1(c) of the Agreement, for each Ton of Program Materials delivered to the Bidder's Designated Recycling Facility by the City or its Contract Haulers: thirty-five (.) five Percent of AMV [write the number in words] 35 . 5 % of AMV [write the number] A. By signing and submitting this document, the Bidder: (1) acknowledges that he/she/it has carefully reviewed the terms, conditions, and requirements contained in this Solicitation, including the Agreement; and (2) if selected by the City, the Bidder will promptly execute the Agreement, as is, without change, and will comply with the requirements in the Agreement. B. The Bidder agrees that, after the City's Program Materials are delivered to the Bidder's facility, any and all costs associated with Processing, marketing, and transporting the Program Materials (Including but not limited to the costs for the transportation and disposal of Rejects and Residue) shall be paid by the Bidder, except when the Agreement explicitly provides otherwise. C. The Bidder acknowledges that the capitalized words in this form are defined in the Agreement and shall have the meaning set forth therein. D. By signing and submitting this document, I hereby certify that I am authorized to act on behalf of the Person (I.e., individual, partnership, corporation, association, or other entity) submitting this Bid and that all statements made In this Bid are true and correct. The Bidder agrees to hold this offer open for a period of one hundred and eighty (180) days from the deadline for the delivery of Bids. If the Bidder is selected as the top - ranked Bidder, the Bidder agrees to hold thls offer open for such further period as is necessary for obtaining a final award and executing the Agreement, Progressive Waste Solutions of FL, Inc. Name of Bidder (Please Print) Dean DiValerio Southeast Region Vice President Name of Bidder's Agent (Please Print) Title: Signature of Bidder's Agent WITNESSES Cfxf 10 5 A, V'eme Witness Na (Please Prin re Witness Nam- (Please nnt) 1/Vitnes ature te: 2