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2012-17
AGREEMENT FOR SALE OF SCRAP METALS MATERIAL THIS AGREEMENT, made and entered into this o?8 day of y'�I a i 2012, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY "), and KIMMINS CONTRACTING CORP., 1501 2 °d Avenue, Tampa, FL 33605, (hereinafter referred to as "CONTRACTOR "). WHEREAS, City of Tampa, Florida issued Req. No. 05121009 to receive bids for the sale of scarp metals and materials; WHEREAS, based on CONTRACTOR's response, the City of Tampa entered into a Contract based on the above - referenced request for bids with CONTRACTOR which currently is in effect until December 28, 2012; WHEREAS, CITY desires to utilize the CONTRACTOR's contract with the City of Tampa in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of City of Tampa Req. No. 05121009. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall purchase all scrap metal materials made available for purchase by CITY and as described in City of Tampa Re. No. 05121009 and CONTRACTOR'S response thereto dated December 28, 2009 which are attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to make available for purchase to CONTRACTIR a minimum amount of scrap metal materials. To the extent of a conflict between this Agreement and the CITY' s Purchasing Policy and Exhibit "A ", the terms and conditions of this Agreement and the CITY's Purchasing Policy shall prevail and govern. ARTICLE II - THE CONTRACT SUM CONTRACTOR shall pay to CITY for the purchase of all scrap metal materials made available to CONRACTOR by CITY the amount as set forth in the Unit Price Schedule attached hereto and incorporated herein as Exhibit `B ". ARTICLE III — TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until December 28, 2012, unless terminated as provided 1 for herein. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all services in the timeframe as set forth in the applicable purchase order. Ownership, risk of loss and responsibility for any and all scarp metal materials to be sold hereunder shall transfer to CONTRACTOR upon CONTRACTOR' s acceptance of the materials at or on CITY' s facility. ARTICLE V - PAYMENTS In accordance with the provisions fully set forth in the Agreement Documents, CONTRACTOR shall make full payment for the "sale of' mixed scrap metals not later than the 15th day of the following month for the previous month's business. The check will be made payable to the City of Clermont, 685 West Montrose Street, Clermont, Florida 34711, Attn.: Joseph Van Zile, Administrative Services Director. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the 2 CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of 3 whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII - NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Kimmins Contracting Corp. 1501 2 Avenue Tampa, FL 33605 CITY: City of Clermont Attn: Wayne Saunders, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX — MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or 4 of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. CONTRACTOR expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. CONTRACTOR expressly agrees that it will comply with all requirements related to said law and that it will hold CITY harmless, including attorney fees and litigation costs, for any such disclosure related to Florida's Public Records Law. ARTICLE X - AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 5 2. Purchase Order 3. CITY's Purchasing Policy 4. All documents contained in City of Tampa Req. No.: 05121009 and CONTRACTOR's response thereto. IN WITNESS WpfEREOF, the parties hereto have executed this Agreement on this Zj�(� day of f eJ(uai s 2012. City of Clermont o d S. Turville, Jr., May r Attest: Tracy Ackroya, City Cler Kimmins Contracting Corp. By: !'•1� Candice Agosto, Vice Pry sident Attest: orate Secretary 4: (Name Printed or Typed) 6 EXHIBIT A i i Imam p CITY OF TAMPA • ; // • Bob Buckhorn, Mayor Purchasing Department = 9,f, = y Gregory K. Spearman, CPPO,FCCM - AKA' 1 Director of Purchasing -i // September 9, 2011 Candice Agosto, Vice President Kimmins Contracting Corporation 1501 2nd Ave. Tampa, Fl 33605 Dear Candice Your award for Sale of Scrap Metal Citywide, REQ # 05121009 has been renewed for another year. The award is valid from December 29, 2011 through December 28, 2012. This is the last renewal available for this award If you have any questions about this award renewal, please feel free to contact me at (813)274- 8833 or Kevin frye(atampagov net. Sincerely, fj - "s..., . ....../ r . Kevin Frye, CPPB, MBA Purchasing Systems Manager 306 E. Jackson St., 2E • Tampa, Florida 33602 • (813) 274 -8351 • FAX (813) 274 -8355 JTampaGnv www tampagov net o p CITY OF TAMPA • ; il j r • Pam Iorio, Mayor PURCHASING DEPARTMENT 9 9y - 'y , , Gregory K. Spearman, CPPO 4>E AO 1 � I ' Director of Purchasing -,� / November 8, 2010 Michael D. O'Brien, Vice President Kimmins Contracting Corp 1501 2nd Ave Tampa, Fl 33605 Dear Michael D Obrien Your award for Sale of Scrap Metal Citywide, REQ # 05121009 has been renewed for another year The award is valid through December 28, 2011 If you have any questions about this award renewal, please feel free to contact me Sincerely, - Joe Benjamin, CPPO, CPPB, FCCM Purchasing Systems /Inventory Manager 306 E. Jackson St., 2E • Tampa, Florida 33602 • (813) 274 -8351 • FAX: (813) 274 -8355 OampaGov www tampagov net I' /IMAM - ko- CITY OF TAMPA • ; Mkt ` • Pam Imo, Mayor PURCHASING DEPARTMENT Noy skr10.6 ∎ 1 9y�I ,1y , Gregory K. Spearman, CPPO - . _ Ep AO ' Director of Purchasing Date January 21, 2010 Michael D O'Brien, Vice President Kimmins Contracting Corp. 1501 2n Ave. Tampa, Fl 33605 Dear Mr O 'Brien. SUBJECT: Sale of Scrap Metal Citywide, REQ # 05121009 Please be advised that your bid has been accepted for the above referenced item The award period is from December 29, 2009 to December 28, 2010 and may, by mutual written agreement, be renewed at the same terms and conditions for two (2) additional one -year periods If you have any questions about this award please feel free to contact me at 813 - 274 -7399 Sincerely, 9 -c-de—Xl;'------:— Joe Benjamin, CPPB Purchasing Systems Manager 306 E Jackson St., 2E • Tampa, Florida 33602 • (813) 274 -8351 • FAX: (813) 274 -8355 Q iimp a Gov www tampagov net , , Imip° Fes CITY OF TAMPA • / /������ r • Pam Iorio, Mayor Purchasing Department �9� R...y % ■ \ Gregory K. Spearman, CPPO / kii J ` 1 Purchasing Director December 9, 2009 REQUEST FOR ELECTRONIC QUOTATION Pursuant to Chapter 69 -1119, Special Acts, Laws of Florida, a Request for Electronic Quotations for the furnishing of SALE OF SCRAP METAL MATERIALS CITYWIDE , REO NO. 05121009 will be received by the Director of Purchasing, City of Tampa, until 5:00 PM, DECEMBER 28, 2009 then to be opened and read It is hereby made a part of this Invitation for Bid that the submission of any Bid in response to this request shall constitute a Bid made under the same conditions for the same contract price and for the same effective period as this Bid to all public entities in Hillsborough County (A list of these entities is enclosed with this package) Attached are important instructions and specifications regarding responses to this request Failure to follow these instructions could result in your quotation being disqualified If you have technical questions regarding the specification, please call 3OE BENJAMIN at (813) 274 -7399, or by e-mail at JOE.BENJAMIN! TAMPAGOV,NET ALL SUBMITTALS MUST BE SUBMITTED VIA EMAIL TO JOE.BENJAMINOTAMPAGOV,NET. PLEASE INCLUDE ALL PAGES THAT REQUIRE A SIGNATURE AS AN ATTACHMENT TO THE EMAIL. THE REQ NUMBER AND TITLE MUST BE INCLUDED IN THE SUBJECT LINE. FAILURE TO SUBMIT ELECTRONICALLY WILL BE CONSIDERED NON - RESPONSIVE. Sincerely, Gregory K Spearman, CPPO Director of Purchasing 306 E. Jackson Street, 2E • Tampa, Florida 33602 • (813) 274 -8351 • FAX: (813) 274 -8355 CTamp S1W www tampagov net BID SUBMITTAL INSTRUCTIONS THIS IS AN ELECTRONIC REQUEST AND ALL SUBMITTALS MUST BE SUBMITTED ELECTRONICALLY, VIA EMAIL DIRECTLY TO JOE.BENJAMINOTAMPAGOV,NET NO LATER THAN 5:00 PM, DECEMBER 28, 2009. QUOTATION NUMBER AND TITLE MUST BE INCLUDED IN THE SUBJECT LINE. EACH SUBMITTAL MUST INCLUDE ALL PAGES THAT REQUIRE A SIGNATURE AND BE SENT AS AN ATTACHMENT TO THE EMAIL ANY CHANGES IN THE BID DOCUMENT LANGUAGE OR ITEM QUANTITIES OR DESCRIPTIONS BY THE BIDDER WILL DEEM THE RESPONSE AS NON - RESPONSIVE. EXECUTED BID: Submit the response form and any other requested forms or documents furnished by the City in this package. Documents must be executed by an original signature of an authorized representative of the Bidder City of Tampa Requests for Electronic Quotation are issued electronically via DemandStar's eProcurement BidWire distribution system The utilization of Demandstar BidWire will ensure that vendors will have the following capabilities receipt of requests for electronic quotation electronically, track the status of award activity, receive addenda, be certified as a minority vendor to meet the City of Tampa's minority certification requirements, receive the results of awards and view plans and blueprints online electronically Vendors who obtain specifications and plans from sources other than Demandstar are cautioned that the RWQ/REQ packages may be incomplete The City will not accept incomplete responses Contact Demandstar at 800- 711 -1712 or visit www demandstar com /supplier for more information Addenda will be posted at least five days prior to the opening date Bidders registered as obtaining printed RWQ/REQ documents directly from the City's Purchasing Office will receive Addenda via mail or facsimile from Demandstar Each request that has been published on DemandStar will indicate the method of submittal required Submittals other than that which is indicated in the documents will be considered incomplete and not accepted Submittals will only be accepted via email and must be an attachment to an email sent to the email address provided in the RWQ/REQ documents prior to the submittal deadline, with the RWQ/REQ number and title as the subject line Verification of the City's receipt of a RWQ/REQ submitted by email is the sender's responsibility Failure of the City to receive such submittal by the date specified on the RWQ/REQ will result in non - consideration The Bidder is expected to carefully examine the entire bid package, including but not limited to the all provisions, terms, and conditions Failure to do so will be at the Bidder's risk. By executing an original signature on the bid response form, the Bidder affirms the following 1 a That the Bidder, if an individual, is of lawful age, or b That if the Bidder is a partnership or a corporation, it has been formed legally, if a Florida corporation, it has filed its Articles of Incorporation with the Florida Secretary of State, if a corporation incorporated under the laws of a state other than Florida, it is duly authorized to do business in the State of Florida. 2 That if the Bidder is using a fictitious name, he /she /it has complied with the Fictitious Name Statute of the State of Florida 3. That the Bidder has not submitted a rigged bid, nor engaged in collusive bidding or collusive bidding arrangement or fraudulent bidding, or entered into a conspiracy relative to this bid, with any other person, partnership, or corporation making a bid for the same purpose The Bidder is aware that "Any understanding between persons where one or more agree not to bid, and any agreement fixing the prices to be bid so that the awarding of any contract is thereby controlled or affected, is in violation of a requirement for competitive bidding and renders a contract let under such circumstances invalid " [See McQuillian, Municipal Corporations, §26 69] 4 That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not a defaulter, as surety or otherwise, upon any obligation to the City. 5 That no officer or employee of the City, either individual or through any firm, corporation or business of which he /she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or obligation entered into between the City of Tampa and this Bidder or awarded to this Bidder, nor shall any City officer or employee have any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract or obligation to this Bidder The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section General Conditions contain general requirements and Technical Specifications detail the scope of the goods and /or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict The bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations "OCCUPATIONAL HEALTH AND SAFETY" Any items delivered from an Award resulting from this Bid must be accompanied by a Material Safety Data Sheet (MSDS) The MSDS must be maintained by the user agency and must include the following information (a) The Chemical name and the common name of the toxic substance (b) The hazards or other risks in the use of the toxic substance, including 1 The potential for fire, explosion, corrosively, and reactivity, 2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance, and 3 The primary routes of entry and symptoms of overexposure (c) The proper precautions, handling practices, necessary personnel protective equipment, and other safety precautions in the use of, or exposure to, the toxic substances, including appropriate emergency treatment in the case of overexposure (d) The emergency procedure for spills, fires, disposal, and first aid (e) A description, in lay terms, of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information (f) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information GPC LISTING City of Plant City Hillsborough Community College Tampa Sports Authority Dave Sollenberger, City Manager Vonda Melchior, Director of Purchasing Joe Haugabrook, Director of Purchasing Drawer "C" 39 Columbia Drive 4201 N Dale Mabry Highway Plant City, FL 33564 Tampa, FL 33606 Tampa, FL 33607 813 - 659 -4200 — Telephone 813 - 253 -7060 — Telephone 813 - 673 -4300 — Telephone 813 - 659 -4216 — Fax 813 - 253 -7561 — Fax 813 - 673 -4312 — Fax citymanager @plantcitygov com vmelchoir @hcc fl us ihaugabrook @tampasportsauthonty com City of Temple Terrace Hillsborough County Board of Judy Crutcher, Assistant Purchasing Agt County Commissioners Tax Collector P 0 Box 16930 601 E Kennedy Blvd , 18th Floor 601 E Kennedy Blvd , 14th Floor Temple Terrace, FL 33687 P 0 Box 1110, Tampa, FL 33602 813 - 506 -6420 — Telephone Tampa, FL 33601 -1110 Phone (813) 307 -6222 813 - 989 -7185 — Fax Phone (813) 272-5790 FAX (813) 307-6521 jcrutcher@templeterrace com FAX (813) 272 -6290 www hilistax org www hillsboroughcounty org Clerk of Circuit Court Hillsborough Co. Sheriff's Office The Children's Board of Hills. County 601E Kennedy Blvd -13th Floor J H Shillady, Fiscal Officer 1002 E Palm Avenue P O Box 3371 P 0 Box 1110 Tampa, FL 33605 Tampa, FL 33601 Tampa, FL 33601 Phone (813) 229 -2884 Phone (813) 276 -8100 Ext 7721 813- 247 -8033 — Telephone FAX (813) 228 -8122 813 272 -5521 813- 247 -8246 — Fax FAX (813) Jshillady @hcso tampa fl us www childrensboard org www hillsclerk com Tampa - Hillsborough County State Attorney's Office University of South Florida Expressway Authority Mark Ober, State Attorney Tom Dibella, Director of Purchasing Nancy Marino, Facilities & Contracts 800 E Kennedy Blvd , 5 Floor Division of Procurement Manager Tampa, FL 33602 3702 Spectrum Blvd UTC135 -P 1104 East Twiggs St Suite #300 813 - 272 -5400 — Telephone Tampa, FL 33612 Tampa, Florida 33602 813 - 272 -7014 — Fax 8 974 - 2481 — Telephone 813 - 272 -6740 — Telephone Ober_M @SAO13th com P 813- 276 -2492 — Fax 813 - 974 -5362 — Fax Nancy @tampa - xway com tdibella@admin usf.edu Hillsborough Area Regional Transit Tampa Port Authority Hillsborough County Purchasing Authority David Webb, Financial Supervisor Lula Banks, Director Cathy Zickefoose, Purchasing Mgr P 0 Box 2192 P 0 Box 1110 4305 E 21 Street Tampa, FL 33601 Tampa, FL 33601 Tampa, FL 33605 813 - 905 -5164 — Telephone 813 - 272 -5790 — Telephone 813 - 623 -5835 — Telephone 813 - 905 -5109 — Fax 813 - 272 -6290 — Fax 813 - 664 -1119 — Fax dwebb @tampaport com procurementservices @hillsboroughcounty org millerr@hartline org Hillsborough Co. Aviation Authority Supervisor of Elections Property Appraiser P 0 Box 22287 601 E Kennedy Blvd , 16th Floor 601 E Kennedy Blvd , 16th Floor Tampa International Airport Tampa, FL 33602 Tampa, FL 33602 Tampa, FL 33622 -2287 Phone (813) 276 -8274 Phone (813) 272 -6100 Phone (813) 870-8730 FAX (813) 272-7043 FAX (813) 272-5519 FAX (813) 875 -6670 www votehillsborough org www hcpafl org www tampaairport com h County School Board City of Tampa Housing Auth. Hillsborou g tY Jerome Ryans, President/CEO Tampa Palms Community Dev. Dist. P 0 Box 3408 1514 Union Street 16311 Tampa Palms Blvd W Tampa, FL 33601 -3408 Tampa, FL 33647 Phone (813) 272 -4329 Tampa, FL 33607 Phone (813) 977 -3933 FAX (813) 272-4007 813- 253 -0551 — Telephone 813 Fax 813 -4522 — Fax (813) 977 -6571 www sdhc k12 fl us irenew @thafl com www tpoa net INSURANCE REQUIREMENTS For Goods /Services, Bids /Requests for Proposals, Awards /Contracts During the life of the award /contract the Awardee /Contractor shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with an A M Best rating of B+ (or better) Class VI (or higher), or otherwise be acceptable to the City if not rated by A M Best AU insurance shall be from responsible companies duly authorized to do business in the State of Flonda All liability policies shall provide that the City is an additional insured as to the operations of the Awardee/Contractor under the award /contract including the Additional Insured endorsement, the Waiver of Subrogation endorsement, and the Severability of Interest Provision In lieu of the additional named insured requirement, rf the Awardee /Contractor's company has a declared existing policy which preludes it from including additional insureds, the City may permit the Contractor to purchase an Owners and Contractors Protective Liability policy Such policy shall be written in the name of the City at the same limit as is required for General Liability coverage The policy shall be evidenced on an insurance binder which must be effective from the date of issue until such time as a policy is in existence and shall be submitted to the City in the manner described below as applicable to certificates of insurance The insurance coverages, limits, and endorsements required must be evidenced by a properly executed Acord 25 Certificate of Insurance form Each Certificate must be manually signed by the Authorized Representative of the insurance company shown in the Certificate with proof that he/she is an authorized representative thereof Thirty days' wntten notice must be given to the City of any cancellation, intent not to renew, or reduction in the policy coverages, except in the application of the aggregate liability limits provisions Should any aggregate limit of liability coverage be reduced, it shall be immediately increased back to the limit required by the award /contract The insurance coverages required herein are to be pnmary to any insurance carried by the City or any self- insurance program thereof Within ten working days of receipt of notification of intent to award, the successful Bidder /Proposer shall provide the City of Tampa Purchasing Department the required Acord 25 Certificate of Insurance form Failure to furnish by the 10th working day may disqualify Bidder /Proposer as non - responsible, unless the due date is extended by the Director of Purchasing or the Designee The City may waive any or all of these requirements based on the specific nature of goods or services to be provided under the award/contract The Awardee/Contractor will be required to provide and pay for the following a. Commercial General Liability Insurance shall be provided on the most current Insurance Services Office (ISO) form or its equivalent The amount of Commercial General Liability insurance shall not be Is than the amount specified $1,000,000 per occurrence and a $2,000,000 general aggregate b. Automobile Liability Insurance shall be maintained in accordance with the laws of the State of Florida, as to the ownership, maintenance, and use of all owned, non - owned, leased, or hired vehicles The amount of Automobile Liability Insurance shall not be less than the amount specified (a) $500,000 combined single limit each occurrence bodily injury & property damage (b) $1,000,000 combined single limit each occurrence bodily injury & property damage The letter preceding the limits of coverage indicates the insurance required for the type of award based on Total Proposal Price (a) under $100,000 (b) $100,000 and over c. Worker's Compensation and Employer's Liability Insurance shall be provided for all employees engaged in the work under the award, in accordance with the laws of the State of Florida The amount of the Employer's Liability Insurance shall not be less than the amount specified Worker's Compensation Florida Statutory Requirements Employer's Liability: (a) $500,000 bodily injury by accident and each acadent, bodily injury by disease policy limit, and bodily injury by disease each employee (b) $1,000,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee The letter preceding the limits of coverage indicates the insurance required for type of award based on Total Proposal Pnce (a) under $100,000 (b) $100,000 and over These amounts apply except as otherwise exempt by Florida State Statute d. Excess Liability Insurance (Umbrella Policy) may compensate for a deficiency in general liability, automobile, or worker's compensation insurance coverage limits Rev. 1/5/07 GENERAL CONDITIONS FOR THE SALE OF SCRAP METAL MATERIALS CITYWIDE 1. SCOPE AND CLASSIFICATION 1.1 SCOPE. This specification describes THE SALE OF SCRAP METAL MATERIALS CITYWIDE for the use of the various Departments of the City of Tampa 1.2 CLASSIFICATION. The classification shall be as contained in the technical portion of this specification listed herein below 2. QUALITY ASSURANCE PROVISIONS 2.1 TEST AND INSPECTION. It shall be the Awardee's responsibility to perform all of the tests and inspections required by this specification, unless otherwise stated in the award. The City of Tampa reserves the right to perform any of the tests and inspection requirements where said tests and inspections are needed to further determine compliance with this specification 2.2 QUALITY AND QUALITY CONTROL. A system of test and inspection shall be used to insure receipt of the quality and quantity of material(s) /service(s) purchased Material(s) /service(s) will be promptly inspected and any discrepancies from the purchase order and /or the supplier's invoice shall be reported immediately to the Director of Purchasing 2.3 HOLD HARMLESS. The Awardee shall agree to release, indemnify, and hold harmless the City of Tampa from and against any and all liabilities, claims, suits, damages, charges, or expenses (including attorney's fees, whether at trial or appeal) which the City may suffer, sustain, incur, or in any way be subjected to by reason of or as a result of any act, negligence, or omission on the part of the Awardee, its agent or employees, in the execution or performance of the obligations assumed under or incidental to, the award into which the Awardee and the City will enter, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees 3. AWARDEE LIABILITY 3.1 NEXT LOW BIDDER. In the event of default by the Awardee, the City of Tampa reserves the right to utilize the next lowest Bidder as the new Awardee In the event of this occurrence, the next lowest Bidder, if it wishes the award, shall be required to provide the bid items at the prices as contained on its proposal or bid for this specification. 4. CONDITIONS 4.1 "AS IS, WHERE IS ". Bids for the sale of mixed scrap metals shall be based on condition "as is" and "where is" with no guarantee or warranty, expressed or implied, as to the operational of physical condition of same 4.2 QUANTITIES. Quantities are estimates only and the Awardee may be required to purchase substantially more or less than the amounts stated during the award period 4.3 DELIVERY. The Awardee shall provide all facilities, labor, materials, equipment, and supplies necessary for the complete performance of award The Awardee shall be solely responsible for the removal of the items The items shall be removed by the Awardee's personnel in a safe, efficient, and competent manner. City personnel will not assist in removal All transport costs are the responsibility of the Awardee 4.4 SALES TAX. Sales tax must be collected from the Awardee except where such sale is specifically exempt from sales taxes under Florida law In the event of a tax exemption, a copy of a valid tax exemption certificate or other applicable tax exemption documentation must be presented at the time of sale 4.5 RIGHT OF CANCELLATION. The City reserves the right to cancel, reject any and all bids and /or waive any irregularities and accept that bid which is highest and best. 4.6 ALTERNATE BIDS. Bidders shall, as to each item, submit only one bid for the specified product or only one bid for an alternate product which the Bidder believes equal within the meaning hereof The offer of an alternate product for any item shall, for the purpose of evaluation of bids, be construed as a refusal to bid on the product specified Bidders offering an alternate product shall cross out the specified product and type or print the alternate brand which was chosen for bid, the unit price and the extension or total in the same manner as if bidding upon the specified product Failure to do so shall be construed as a bid upon the product specified Bidders offering an alternate product shall additionally submit the precise specifications of the alternate, all of the differences in specification, if any, between the specified product and the alternate product, and relevant sketches, blueprints or samples sufficiently accurate, complete and detailed as to enable the City to make a complete determination of the quality of the alternate Failure to submit this information in full will constitute basis for a determination by the City that the alternate product is not equal to the product specified as a standard The determination as to whether any alternate product bid is or is not equal to the product specified as a standard shall be made by the City, and such determination shall be final and binding upon all Bidders 4.7 PENALTIES. The City of Tampa reserves the right to increase or decrease quantities shown without penalty 4.8 ADDITION /DELETION. The City of Tampa reserves the right to add to or delete any item from this bid or resulting award when deemed to be in the best interest of the City of Tampa. 4.9 BID PRICES. Bid amounts shall be firm and shall not be amended after the date and time of the bid opening Any attempt by the Awardee to amend said bid prices shall constitute default as outlined in this specification All taxes of any kind and character payable on account of the work done and materials furnished under the award shall be paid by the Awardee and shall be deemed to have been included in the bid The Laws of the State of Florida provide that sales tax and use taxes are payable by the Awardee upon the tangible personal property incorporated in the work and such taxes shall be paid by the Awardee and shall be deemed to have been included in the bid The City is exempt from all state and federal sales, use, transportation and excise taxes Award prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work Whenever the Awardee is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Awardee shall indemnify and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work 4.10 BID EVALUATION. The evaluation of bids and the determination as to equality of material(s) /service(s) offered shall be the responsibility of the City of Tampa and will be based on information furnished by the Bidder 4.11 ERROR IN BID CALCULATION. In the event there shall be a discrepancy between the stated total bid and the corrected sum of the correct multiplication of the stated unit price and the quantity specified, the corrected sum shall be considered the bid price. 4.12 BASIS OF AWARD. The City of Tampa reserves the right to award this bid by division or aggregate total To be considered highest responsive, responsible Bidder by aggregate, the Bidder shall have to bid on all items within the group If award by aggregate total is not feasible, division award will prevail Award Criteria /Responsibility The award will be made to the highest responsive, responsible Bidder To determine the responsibility of the monetary Bidder, the City may request and review documentation relative to the ability of the Bidder to satisfactorily perform the work specified in a first class manner as well as documentation of its experience, the financial condition of the Bidder from a current financial report and the Bidder's credit rating, whether the Bidder has ever been declared in default of an award, the Bidder's insurability, eligibility for bonding, and any /all pertinent information deemed necessary to determine said responsibility An award will be made, if at all, within 120 days after opening of the bids 4.13 AWARD PERIOD AND RENEWAL. The award period shall be for a one -year period from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for two additional one -year periods. 4.13.1 SUPPLEMENTAL UNILATERAL RENEWAL PERIODS. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions Notice of the City's intent to renew shall be provided by the City in writing to the Awardee prior to the expiration of the contract, or the renewal period if the contract has been previously renewed 4.14 NON - APPROPRIATION OF FUNDS. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Awardee in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year in which sufficient funds have been appropriated 4.15 PERFORMANCE. The Awardee may be required to furnish evidence in writing that he or she maintains a permanent place of business and has adequate equipment, finances, personnel, and inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary services 4.16 INSURANCE. During the life of the award the Awardee shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with a A M Best rating of B+ (or better) Class VI (or higher), or otherwise be acceptable to the City if not rated by A M Best The City of Tampa uses Ebix BP0 to manage its insurance certificates and related documentation Upon insurance expiration, Ebix BPO staff will notify the Awardee to request updated insurance certificate(s) and endorsement(s) 4.17 PROOF OF DISTRIBUTORSHIP. When requested, it shall be the responsibility of the Bidder(s) to furnish with their bid(s) a letter stating that said Bidder is a factory authorized distributor for the Greater Tampa area for the items for which said Bidder has submitted their bid 4.18 INSPECTION. The City of Tampa reserves the right to inspect the Bidder's place of business and equipment prior to awarding any award to determine the responsibility of said Bidder to perform or provide the requirements of the bid request 4.19 AWARD CHANGES. No changes, over the award period, shall be permitted unless prior written approval is given by the Director of Purchasing and, where applicable, confirmed by resolution of the City Council of the City of Tampa No Awardee shall assign the award or any rights or obligations thereunder without the written consent of the City. In the event of such approved subcontracting, the Awardee agrees to provide the City with written documentation relative to the Subcontractor(s) employed in this award, including but not limited to the Subcontractor's W /MBE and Equal Employment Opportunity/Affirmative Action status. 4.20 DEFAULT /RE- AWARD. Any award resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Awardee upon non - performance or violation of award terms, including the failure of the Awardee to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of Purchasing In the event an award is cancelled because of the default of the Awardee, the Director of Purchasing may (i) purchase the materials or services specified in this specification on the open market, or (ii) make an award to the next lowest bidder and establish the period of such award, provided such period is no longer than the award period set forth in this specification 4.21 CANCELLATION. When deemed to be in the best interest of the City of Tampa, any awards or contracts resulting from this specification may be cancelled by the following means 4.21.1 10 -day written notice with cause, or 4.21.2 30 -day written notice without cause 4.22 REJECTION. The City of Tampa reserves the right to cancel, reject any and /or all bids, or to waive any irregularities and accept that bid which is the lowest and best 4.23 GOVERNMENT PURCHASING COUNCIL. Hillsborough County Government Purchasing Council members, may at their discretion or option, utilize this bid as they require Estimated quantities for Hillsborough County GPC members have not been included in the Bid Response form. Purchases by these entities may increase the value of the award A list of the members of the GPC is contained within this bid document 4.24 USE OF STATE CONTRACT, GPC, OR COOPERATIVE PURCHASING BIDS. The City of Tampa reserves the right to utilize applicable State of Florida Contracts, GPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is procured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive solicitation, which must provide for full and open competition for any items covered by this specification when the use of same is in the best interest of the City of Tampa 4.25 CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an award /contract to provide any goods or services to a public entity, may not submit a bid on an award/ contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287 017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list [See Florida State Statute 287 133 (2)(a)] 4.26 FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection Bidders are requested, however, to identify specifically any information contained in their bids which they consider confidential and /or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids received in response to this Invitation to Bid become the property of the City of Tampa and will not be returned In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City 4.27 LAWS, CODES AND ORDINANCES. The Successful Bidder shall comply with any applicable requirements of Federal, State, County and City laws, Codes, Ordinances, Regulations and Rules of the City of Tampa as amended from time to time 4.28 CITY OF TAMPA ETHICS CODE. The Bidder shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's website (City of Tampa Code, Chapter 2, Article VIII - Section 2 -522) Moreover, each Bidder responding to this Invitation to Bid or Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation The Awardee shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid or Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII. - Section 2- 514(d)) Please note that the City's Ethics Code may be accessed on the Internet by utilizing the web Zink below http: / /www.tampagov. net /appl_ Message_ Center /external.asp ?strServicel D= 246 Tampa's municipal codes are published online by the Municipal Code Corporation Printed copies of the Ethics Code can be obtained from the City Clerk's Office for a fee of $0 15 cents a page 4.29 TECHNICAL QUESTIONS. Questions regarding specific items or order quantities should be directed to JOE BENJAMIN at (813) 274 -7399, or by e-mail at JOE,BENJAMINOTAMPAGOV.NET 4.30 PAYMENT. Full payment for the "sale of" mixed scrap metals will be due and payable in full not later than the 15 day of the following month for the previous month's business The check will be made payable to the City of Tampa and mailed to CITY OF TAMPA PURCHASING DEPARTMENT, 306 E JACKSON STREET, 2E, TAMPA, FL 3602 ATTN JOE BENJAMIN The Awardee will indicate the Birmingham Market Price for #1 Heavy Metal as of the first day of each month and the percentage paid converted from percent to dollar amount for each load The Awardee will also provide the City with a facsimile copy of the Consumer Buying Prices as depicted in the American Metal Market Bulletin that will indicate market prices for the first day of each month, to (813) 274 -8355, ATTN. Joe Benjamin Each month's business will be determined using the Birmingham Market, #1 Heavy Metal market price as of the first day of the month The following formula will be used to calculate the amount of money owed to the City of Tampa The Awardee will determine total pounds collected for the month, then divide by 2240 (Ibs per gross ton) into the total pounds which will indicate total gross tons collected 4.31 DOWNGRADING. The City of Tampa agrees that any load of recyclables which exceeds 5% of the total volume contamination rate may be downgraded and that payment for said load will be set accordingly (EX 10% contamination will reduce the payment due by 10 %) For the purpose of this bid, the following will be considered contaminant, dirt, and other material foreign to the general content of the load and which cannot be processed with the load The Awardee must notify the City that a load is to be downgraded before process The City reserves the right to inspect the load to be downgraded prior to processing or disposal for verification 4.32 TAMPA PORT ACCESS. All personnel assigned to provide this service or required to deliver goods to the Port of Tampa, if applicable in this award, shall obtain a Port Access Badge To obtain this port pass will require each employee to have a valid photo ID and will require background check including fingerprinting It is the responsibility of the Awardee to obtain badges before work begins or prior to delivery The cost shall be incurred by the Awardee Documentation, pricing and other information related to the access requirements for the Port of Tampa can be found at http / /www tampaport com /Port- Operations /Security 5. NON - DISCRIMINATION IN CONTRACTING AND EMPLOYMENT. The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa The successful Bidder shall comply with the following Statement of Assurance During the performance of this Contract, the CONTRACTOR herein assures the CITY, that said CONTRACTOR is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the CONTRACTOR does not on the grounds of race, color national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against said CONTRACTOR'S employees or applicants for employment The CONTRACTOR understands and agrees that this Contract is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered material breach of this Contract Furthermore, the CONTRACTOR herein assures the CITY, that said CONTRACTOR will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is /are involved This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans and Disabled Veterans within its protective range of applicability The Contractor further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in connection with this Contract. The Contractor further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5, as enacted by Ordinance No 2008 -89 " 5.1 EQUAL OPPORTUNITY. The City of Tampa hereby notifies all Bidders that all eligible businesses, including Small Local Businesses Enterprises (SLBEs) will be afforded a full opportunity to participate in any award made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, sex, or national origin The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, religion, sex, national origin, age, or physical handicap For additional information contact the Minority Business Development Office at 813/274 -5543 or 813/274- 5522, http: / /www,tampagovnet /dept minority development/ SPECIAL CONDITIONS FOR SALE OF SCRAP METAL MATERIALS CITYWIDE 1. The Awardee shall facilitate the acceptance and disposal of materials such as, but not limited to, empty freon cylinders, light and heavy iron (mixed), aluminum scrap, aluminum cans, radiators, brass, and copper scrap, white goods, appliances, and chain link fencing The Awardee shall dispose of all materials in accordance with all Federal, State, and local regulations and guidelines 2. The City may, at its discretion, choose to deliver materials to the Awardee's facility 3. The Awardee agrees to provide a container /dumpster to those locations that generate quantities of scrap metal materials justifying the placement of such The Awardee shall remove the full container and replace it with an empty container within 24 hours of notification from the City The Awardee will be provided address of up to four (4), but not less than two (2) City properties that will require one of these containers, as well as a point of contact for each location 4. All containers will be weighed in and out on certified scales The Awardee will provide a current copy of the State Scale Certification BID RESPONSE FOR THE SALE OF SCRAP METAL MATERIALS CITYWIDE Please Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows DESCRIPTION UNIT OF MEASURE EST. OUANTITY UNIT PRICE EXTENDED PRICE SCRAP METAL TONS 500 /% $ ** *NOTICE * ** The percentage bid represents the percentage of the American Metal Market #1 Heavy Metal, Birmingham Market that the Bidder will pay the City. Bidder will be totally responsible for insuring accurate conversion of long tons to short tons if used in determining bid price. Bidder will also indicate if Long Tons are used. Firm Name Type Organization [ ] Individual [ ] Small Business [ ] Non - Profit [ ] Partnership [ ] Corporation [ ] Joint Venture Business is licensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida [ ] Yes [ ] No License # State of Florida Corporation ID # (from Secretary of State). State of Florida Fictitious Name Reg # (from Secretary of State) Representative's Name Authorized Representative's Title. Address City State Zip Telephone No Fax No Email. Federal I D. # Invoice Terms NET 30 Authorized Signature Date Minority Business Status [ ] Black [ ] Hispanic [ ] Woman Is your business certified as a minority business with any government agency? [ ] Yes [ ] No If yes, please list below Agency Name Certification Number Expiration Date Authorized Signature Date. 0 2f o 6 TS o ' 0 2 CC � � & $§ 7 � 2 CV S '� E ' ` ¢ • f /l e .0 � 1 § % § 2 5 , 0 .0 v&- al § .- 2if .e CO o I � to r 1 e- D. CD k f� �a L. w 0 , § k 2 � ✓ 2 0 ` S■ E. § $ i5 �� 2 t o z g# «2 ■ o E ao ■ @ 2 ��\ gl £ To E f CC & � 0 .0 §k ` E 3 k 0 _ Ek - E. 2 — C 0 2 =4 g2 2 / kt 2 CO Es .. . 4 o • 2 . 2 g @ f 4,4 Et _ @0) a. Il v) m $ 1.- .... 0 in c � 0 e c I to CM \ o _ / \$ \ J � 0 tea 0 - O 2 j90 i§ O. S 2 \ g o % • � 0 ct� , C) ID U Z z � � w 0 — k & k - 2 22 2 2 2 id 1 $§ ?% . q g@ 2 1 1 8 B CD 01 1. ra... /S I - - - �LA h ,. .. __ ., _ ._ .__.sue ✓c:c.' �._ y_c_�cf _ z _ice _ . Y r ... �C Q i di td a U N E y u y r. = c C z '_`„ G c � • ® E C N v x 03 e CI U W o -d tA Q t al °' cat .x u o 3 0 f 7 N ® ' •-`, o o s . p N V 0 CO 0 V 0 '04, v �I .0 .14 - > a 4-e Q c O a v2 co 0 W.( 'd -,-,1 . 4-4 u I®i • 1■1 CNI t di 1 °'� - ^U ® al N O p �, ® c J o F NW .... g ;m1 N c.) = T � // �� •� U 0 C�- z V 1 '� r cti ... , D W 0, .j r T. '�' c z„, o y F i. PP L. L,.. i .,. „ ,.,z,,,,,,,,,„_______,,,,,__,, ....„ = e j ;, f x y Sr < lil •_1 O , R at C � v M o� ∎ 1 „ - d . — L4 .* ' • • • n 1--1 N (ti o�w {ter N ' 1 �da i r EXHIBIT B BID RESPONSE FOR THE SALE OF SCRAP METAL MATERIALS CITYWIDE P /ease Pnnt or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the pnces quoted thereon as follows. DESCRIPTION UNIT OF MEASURE EST. OUANTITY UNIT PRICE EXTENDED PRICE SCRAP METAL TONS 500 66 /oh $75,550 00 $235/GT 4 66% = 151 10 ** *NOTICE * ** (Example attached) The percentage bid represents the percentage of the American Metal Market #1. Heavy Metal, Birmingham Market that the Bidder will pay the City. Bidder will be totally responsible for insuring accurate conversion of long tons to short tons if used in determining bid price. Bidder will also indicate if Long Tons are used. Firm Name: Kimmins Contracting Corp Type Organization: [ ] Individual [ ] Small Business [ J Non -Profit [ ] Partnership [1 Corporation [ ] Joint Venture Business is licensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida' [1 Yes [ ] No License # CG C061458 State of Florida Corporation ID # (from Secretary of State): G41069 State of Flonda Fictitious Name Reg. # (from Secretary of State): Representative's Name: Michael D O'Brien Authorized Representative's Title: Vice President Address: 1501 2nd Avenue City: Tampa State. FL Zip. 33605 Telephone No ' (813) 805 -8631 Fax No.: (813) 367 -4239 Email. mobrien @kimmins com Federal I.D. #: 16- 0810270 Invoice Terms: NET 30 Authorized Signature /C/ Date: 12/28/09 Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman Is your business certified as a minority business with any government agency? [ ] Yes [1 No. If yes, please list below: Agency Name Certification Number Expiration Date Authorized Signature: Date: 12/28/09 AMM Pricing - Classic View Page 1 of 1 AMM.com Prices from December 23, 2009 CONSUMER BUYING PRICES Estimated domestic consumer buying prices in US$ /gross ton, delivered mill price Birmingham NO 1 HEAVY MELT .. . .. . 235 No. 2 heavy melt .. .. .. .. 225 No. 1 bundles . .. . .. .. . 300 No. 2 bundles . . 165 No 1 busheling . . . . 275 Shredded auto scrap 300 MACHINE SHOP TURNINGS 140 Shoveling turnings NA Cast iron borings ... . . NA Mixed borings, turnings .. NA CUT STRUCTURAL /PLATE, 2' MAX. . . . NA Cut structural /plate, 3' max. . ... 235 Cut structural /plate, 5' max .. .. . . 250 Foundry steel, 2' max . ... . . 210 CUPOLA CAST .. . . 185 Clean auto cast . . . . 270 Unstripped motor blocks 200 Heavy breakable cast 200 NO 1 RR HEAVY MELT 250 Random rails . . . .. . . . 240 Steel car wheels .. . ... . .. . .. 340 Other track material (OTM) .. . ... . . 295 Electric furnace, 3' max. .. .. 280 Cut structural /plate, 4' max. . . . . . . 310 Stove plate ... .. .. . .... . 320 (a) Appraisal price AMM Disclaimer /Copynght ©2009 Amencan Metal Market LLC httn / /www amm com/subscnb /price asp ?f - -fc01 12/28/2009