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2013-16 AGREEMENT FOR SALE OF SCRAP METALS MATERIAL THIS AGREEMENT, made and entered into this /2 day of VY1Q JCL 2013, 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 2nd Avenue, Tampa, FL 33605, (hereinafter referred to as "CONTRACTOR"). WHEREAS, City of Tampa, Florida issued Bid. No. 40112513 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 February 26, 2014; 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 Bid. No. 40112513. 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 Bid. No. 40112513 and CONTRACTOR'S response thereto dated February 15, 2013 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 February 26, 2014, unless terminated or renewed as 1 provided 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. 3. Upon mutual agreement of the parties, this Agreement may be renewed for two (2) additional one(1) year terms. 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. 2 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 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, 3 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 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 2nd Avenue Tampa, FL 33605 CITY: City of Clermont Attn: Darren Gray, 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. 4 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 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. 5 Document Precedence: 1. This Agreement 2. Purchase Order 3. CITY's Purchasing Policy 4. All documents contained in City of Tampa Bid. No. 40112513 and CONTRACTOR's response thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this/c2 day of 2013. City of Clermont arold S. Turville, Jr., Mayor ' . • Attest: 14 ' , Tracy Ackroyd, City Cler Kimmins Contracting Corp. By: •&L. ,!.o Candice Agosto, Vice 'Mt ident Attest: %✓rporate Secretary (Name Printed or Typed) 6 EXHIBIT A 1pMPq = CITY OF TAMPA f Bob Buckhorn,Mayor PURCHASING DEPARTMENT -1#1 �fo .!\ Gregory K.Spearman,CPPO,FCCM --: 1.0 O'i /' Director of Purchasing Date: February 27, 2013 Candice Agosto,Vice President Kimmins Contracting Corp. 15012`Ave. Tampa, Fl 33605 Dear Mr.O'Brien: SUBJECT: Sale of Scrap Metal Citywide,BID#40112513 Please be advised that your bid has been accepted for the above referenced item. The award period is from February 27, 2013 to February 26, 2014 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 813-274-8835. Sincerely, / /1 ands Yaksic Purchasing Methods Analyst 306 E.Jackson St.,2E • Tampa,Florida 33602 • (813)274-8351 • FAX: (813)274-8355 e, TampaGav www.tampagov.net �� �pMPA F�9i CITY OF TAMPA s'C) l i�!r,�� 9 • ; i� ���� ; • , Bob Buckhorn,Mayor Purchasing Department 6, -__- -\ 11 - ;; y■,� Gregory K.Spearman,CPPO,FCCM H o JUIV`I Purchasing Director January 29,2013 INVITATION TO BID Pursuant to Chapter 69-1119, Special Acts, Laws of Florida, sealed Bids for the furnishing of: BID NO. 41021513. SCRAP METAL RECYCLING SERVICES will be received by the Director of Purchasing,City of Tampa, until 2:30 PM,FEBRUARY 15,2013, 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 advertised request shall constitute a Bid made under the same conditions for the same contract price and for the same effective penod 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 invitation. Failure to follow these instructions could result in your bid being disqualified. Questions regarding this bid should be referred to Anthony L. McGee, CPPB, MBA, Certified Procurement Specialist by email to anthonv.mcgee(atamoagov.net. Questions pertaining to the Bid document will be accepted up to five days prior to the scheduled opening date and time referenced above. Submission of bid responses by mail, hand delivery or express mail must be in a sealed envelope with the Bidder's name and return address indicated.Type or print the Bid Number and Bid Title on the carrier envelope.Address the bid envelope as follows: Purchasing Department (This address is appropriate for mailing, Tampa Municipal Office Building, 2nd Floor hand delivery and express mail.) 306 E.Jackson Street Tampa, Florida 33602 The Tampa Municipal Office Building is a controlled access building and all visitors are required to obtain a Visitor's Pass prior to visiting the Purchasing Department. Bids may be submitted electronically via the Internet as an attachment to an email addressed to BidControl @Tampagov.net. The subject line of the email should include the bid number. Bids shall be accepted no later than the time and date specified on the INVITATION TO BID. The Bid Opening shall be thereafter and open to the Public.All bids received after the due date and time shall be rejected. Offers by telegram, telephone or transmitted by facsimile(FAX)machine are not acceptable. No bid may be withdrawn or modified after the time fixed for the opening of bids. Verification of the City's receipt of a bid submitted by email is the sender's responsibility. Failure of the City to receive such bid by the date and time specified on the Invitation to Bid will result in non-consideration. STATEMENT OF NO BID WE WANT YOUR FEEDBACK BECAUSE IT MATTERS TO US The Purchasing Department's mission is to provide the best specifications in our Bid and Request for Proposal packages to receive maximum participation from the industry/market. Please take a few minutes to briefly explain to us why you will not be responding to the City's Bid or Request for Proposal. 306 E.Jackson Street,2E • Tampa,Florida 33602 • (813)274-8351 • FAX:(813)274-8355 JTampaGov www tampagov net INSTRUCTIONS TO BIDDER EXECUTED, SEALED BID: Submit the original and two copies of the bid response form, the Bidder's Affidavit form and any other requested forms or documents furnished by the City in the bid package. Documents must be executed by an original signature of an authorized representative of the Bidder. City of Tampa bids are issued electronically via "DemandStar's eProcurement bid distribution system. Obtaining bids through Demandstar will ensure that vendor will have the following capabilities: receipt of bids electronically, track the status of bid award activity, receive addenda, be certified as a minority vendor to meet the City of Tampa's minority certification requirements, receive the results of bid awards and view plans and blueprints online electronically. Vendors who obtain specifications and plans from sources other than Demandstar are cautioned that the bid packages may be incomplete. The City will not accept incomplete , bids. Contact Demandstar at 800-711-1712 or visit www.demandstar.com/supplier for more information. The City is not responsible for errors and omissions occurring in the transmission or downloading of any quote documents, plans, or specifications from this website. In the event of any discrepancy between information on this website and the hard copy quote documents, the terms and conditions of the hardcopy document•will prevail. DemandStar has no affiliation with the City of Tampa other than as a service that facilitates communication between the City and its vendors. DemandStar is an independent entity and is not an agent or representative of the City. Communications to DemandStar does not constitute communications to the City. Contact DemandStar at 800-711-1712 or visit www.DemandStar.com/supplier for more information. Bidders discovering any ambiguity, conflict, discrepancy, omission or other error in this BID, shall immediately notify the City of such error in writing and request modification or clarification of the BID. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Bidders who received an original BID from DemandStar (Those who are on the Plan Holders List). Addenda will be posted and disseminated by DemandStar at least five days prior to this BID opening date. The Bidder is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the BID prior to submitting the bid or it shall be deemed waived. Bid tabulations (results) will be posted to DemandStar and made available to bidders after the scheduled public opening of the sealed bids. 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. 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. 2 GPC LISTING City of Plant City Hillsborough Community College Tampa Sports Authority Kevin Orth Vonda Melchior, Director of Purchasing Joe Haugabrook, Director of Purchasing Drawer C 39 Columbia Drive 4201 N.'Dale Mabry Highway Purchasing Agent Tampa, FL 33606 Tampa, FL 33607 Plant City, FL 33564 813-253-7060—Telephone 813-673-4300—Telephone 813-659-4270-Telephone 813-253-7561—Fax 813-673-4312—Fax 813-659-4216-Fax vmelchoir @hcc.fl.us Ihaugabrook @tampasportsauthonty.com keorth@plantatygov.com City of Temple Terrace Hillsborough County Board of Judy Crutcher,Assistant Purchasing Agt. County Commissioners Tax Collector P.O. Box 16930 ' 601 E. Kennedy Blvd., 18th Floor 601 E. Kennedy Blvd., 14th Floor P.0. Box 1110, Tampa, FL 33602 Temple Terrace, FL 33687 Tampa, FL 33601-1110 Phone: (813)307-6222 813-506-6420—Telephone Phone: (813)272-5790 FAX: (813)307-6521 813-989-7185—Fax FAX: (813)272-6290 www.hillstax.org jcrutcher@templeterrace.com www.hillsboroughcounty.org Clerk of Circuit Court Hillsborough Co.Sheriff's Office The Children's Board of Hills.County 601 E. Kennedy Blvd.-13th Floor J. H. Shillady, Fiscal Officer 1002 E. Palm Avenue P.O. Box 3371 P.O. 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 FAX: (813)272-5521 813-247-8246—Fax www.childrensboard.org www.hillsclerk.com Jshillady @hcso.tampa.fl.us , Tampa-Hillsborough County State Attorney's Office University of South Florida Expressway Authority Mark Ober,State Attorney Mike Abernethy, Director Nancy Marino, Facilities&Contracts 800 E. Kennedy Blvd., 5th Floor Purchasing Services 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 813-974-2481—Telephone 813-272-6740-Telephone Ober_M@SA013th.com 813-974-5362—Fax 813-276-2492—Fax gcotter @admin.usf.edu Nancy @tampa-xway.com Hillsborough Area Regional Transit Tampa Port Authority Hillsborough County Purchasing Authority David Webb, Financial Supervisor John T. Fessler,Acting Director Melissa Smiley P.O. Box 2192 P.O. Box 1110 4305 E. 21st 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 smileym @gohart.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 - Hillsborough County School Board City of Tampa Housing Auth. Tampa Palms Community Dev.Dist. P.0. Box 3408 Jerome Ryans, President/CEO 16311 Tampa Palms Blvd W Tampa, FL 33601 3408 1514 Union Street p Tampa, FL 33607 Tampa, FL 33647 . Phone: (813)272-4329 813-253-0551—Telephone Phone: (813)977-3933 FAX: (813)272-4007 813-4522—Fax Fax: (813)977-6571 www.sdhc.k12.fl.us irenew @thafl.com www.tpoa.net 3 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 VII(or higher),or otherwise be acceptable to the City if not rated by A.M.Best All insurance for City contracts shall be placed only with A.M.Best rated carriers duly licensed to provide insurance in the State of Florida. All commercial general liability insurance polices(and Excess or Umbrella Liability Insurance policies,only if applicable)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 subrogation wavier endorsement,and the Severability of Interest Provision All insurance certificates must state the following language in the Description of Operations section of the Acord Certificate "The City of Tampa is additional insured with regards to the General Liability"or by attaching an Endorsement Page to the Acord Certificate designating the City of Tampa as the additional insured. In lieu of the additional named insured requirement, if the Awardee/Contractor's company has a declared existing policy which precludes it from including additional insureds,the City may permit the Contractor to purchase an Owners and Contractors Protective Liability policy Such policy shall be wntten in the name of the OW 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 My in the manner described below as applicable to certificates of insurance The insurance coverages and limits required must be evidenced by a properly executed Acord 25 Certificates of Insurance form (or its equivalent). Each Certificate must be personally manually signed by the Authonzed Representative of the insurance company shown in the Certificate with proof that he/she is an authonzed representative thereof City no longer requires direct notice of cancellation. 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 tamed by the City or any self-insurance program thereof. All dams made insurance policies must provide the retroactive date on the proof of coverage 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 insurance on the Acord 25 Certificate of Insurance form(or its equivalent) 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 his 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. This coverage must be provided to cover liability ansing from premises and operations, independent contractors, products and completed operations, personal and advertising injury,contractual liability,and XCU exposures(if applicable) Completed operations liability coverage shall be maintained for a minimum of one-year following completion of work. The amount of Commercial General Liability insurance shall not be less 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 Flonda,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 speafied. (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 Pnce. (a) $100,000 and under (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 Honda. The amount of the Employer's Liability Insurance shall not be less than the amount specified. Worker's Compensation: Honda Statutory Requirements Employer's Liability: (a) $500,000 bodily injury by accident and each accident,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) $100,000 and under (b) $100,000 and over d. Excess Liability Insurance (Umbrella Policvl may compensate for a deficiency in general liability, automobile, or worker's compensation insurance coverage limits Rev.7/13/2012 4 GENERAL CONDITIONS SCRAP METAL RECYLING SERVICES 1. SCOPE AND CLASSIFICATION 1.1 SCOPE. This specification describes Scrap Metal Recycling Services for the use of 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 AUTHORIZATION. All orders shall be placed via City of Tampa Purchase Orders, or as releases against a City of Tampa"Open"Purchase Order. OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY. As relating to the Government Purchasing Council of Hillsborough County, any member may place orders as dictated by its individual entity's preference. 4.2 FURNISHING BID ITEMS. Award items are to be furnished on an "as needed, when needed basis" during the life of the award. 4.3 DELIVERY. Materials ordered shall be delivered within 15 working days ARO (After Receipt of Order). Failure to do same shall be considered breach of award or default, and the City of Tampa shall utilize its options as stated within this specification. 4.4 BACKORDERS. Any backordered materials shall be made available to the City within 15 working days of the time of backorder(original date of receipt). If the backorder cannot be filled within the time frame of this section, then the City of Tampa is to be notified, in writing, thus permitting the City to obtain the required materials and/or exercise its options. 5 4.5 QUALITY. The materials to be furnished shall be currently in production and shall be of the manufacturer's standard or better quality. 4.6 QUANTITIES. The City shall not be required to purchase any minimum or maximum quantities during the term of any award resulting from this specification. 4.7 BRAND INDICATION. Where same is applicable, all Bidders shall clearly indicate manufacturer/trade name and identifying number in the space provided within the attached proposal of this specification and invitation for bid. 4.8 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. 4.9 PENALTIES. The City of Tampa reserves the right to increase or decrease quantities shown without penalty. 4.10 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. 4.11 BID PRICES. Bid prices 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. Prices quoted in the Proposal and Bid Response form shall include all shipping costs, shipped F.O.B. Tampa, Florida or to the facility location specified by the requestor or the purchase order. 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. 4.12 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. 4.13 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. 6 4.14 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. 4.14.1 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. 4.15 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. 4.16 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. 4.17 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 VII (or higher), or otherwise be acceptable to the City if not rated by A.M. Best. The City of Tampa uses Ebix BPO 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). 4.18 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. 4.19 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. 4.20 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. 4.21 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. 4.22 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: 4.22.1 10-day written notice with cause; or 4.22.2 30-day written notice without cause. 7 4.23 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. 4.24 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. 4.25 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. 4.26 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)] 4.27 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 and copying. 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. 4.27.1 In accordance with section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 4.27.2 In accordance with section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies. 4.28 PROCUREMENT PROTEST PROCEDURES. A protest must be filed with the Director of the soliciting Department within five (5) business days of posting the City's intent to award and may be filed by an actual bidder or proposer, who is allegedly aggrieved in connection with the issuance of a bid solicitation, proposal solicitation or pending award of any contract in any competitive process utilized by the City of Tampa for procurements of supplies, materials or services and construction of public improvements and has standing to protest under Florida Law. Any protest must be filed in accordance with the City of Tampa Code, Chapter 2, Article V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures. Protests not complying with the provisions of this Section shall not be reviewed. 8 All dates and times specified in the Protest Procedures in Section 2-282 are calculated as city business days. A City business day shall mean 8:00 am to 5:00 pm Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain date must be received in the required office by 4:30 pm. An envelope which is postmarked by the required date is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting party shall bear any risk of interruption or failure in the electronic transmission. 4.29 LAWS,CODES AND ORDINANCES. The Successful Bidder/Proposer shall comply with all Federal, State, County and City laws, regulations, rules and regulations as applicable to this bid/proposal. 4.30 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 link below: http://www.tampagov.net/appl_Message_Center/external.asp?strServicelD=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. 4.31 MINIMUM WAGE AMENDMENT. The Awardee/Contractor shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida as of May 2, 2005. The rate of wages for all persons employed by the Awardee/Contractor on the work covered shall not be less than the rate of wages required by the Fair Labor Standards Act(Public Law 104-188)enacted August 20, 1996. 4.32 INVOICING. The Awardee shall furnish the City complete itemized invoices for the goods received. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this bid/proposal document on the bid response/pricing sheets. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information: • Invoice number; • Company Name; • Purchase order number; • Location and dates of delivery; • Cost of items as stated on Bid Response and extended price to reflect total cost for number of items received. 4.33 SUB-CONTRACTING SUBMITTALS. 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)solicited, or that will be employed in this award, including but not limited to submittal of attached Schedule of Sub-Contracting forms, with bid response. ("Schedule of All Sub-Contractors/Consultants/Suppliers Solicited" MBD 10 and "Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized" MBD 20). These forms must be submitted with all bids or proposals. Submittals that do not contain these forms will be deemed"non-responsive". Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. 9 Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer,distributor or manufacturer. 4.34 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 Pass. To obtain this port pass will require each employee to have a valid photo ID. It is the responsibility of the Awardee to obtain Port Passes before work begins or prior to delivery. Each employee shall display the identification card on outer apparel at all times when on the AWT Plant site. Any person found on the site without the required identification card will be directed to leave the site immediately. The time and cost associated with acquiring this ID shall be the Awardee's responsibility. Documentation, pricing and other information related to the access requirements for the Port of Tampa can be found at: htto://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 813/274-5512. http://www.tampagovnet/dept minority development/ 10 TECHNICAL SPECIFICATIONS FOR SCRAP METAL RECYCLING SERVICES 1. OVERVIEW The City of Tampa is seeking bids from qualified vendors for the proper disposal/recycling of scrap metal material on an "as-needed" basis at various locations throughout the City. The services of this award shall also include payment to the City as a percentage of the American Metal Market Index pricing. 2. SCRAP METAL MATERIAL The materials included in the scrap metal category include: • All ferrous scrap metal (i.e. pipe, wheels, steel, sheet metal, etc.) • All non-ferrous scrap metal (including aluminum, brass and copper) The City makes no guarantee of minimum quantities for the sale of scrap metal and the categories specified above are not to be construed as the only type of metal that may be collected during the term of the contract. The scrap material is offered for sale "where is, as is" with no guarantee or warranty, expressed or implied, and without recourse against the City of Tampa. 3. BIDDER REQUIREMENTS Bidders shall own and operate, at their facility, a state certified scale of sufficient capacity and precision to accurately weigh containers.The weight shall be determined by Florida state certified scales at the vendor's location. 4. BASIS OF AWARD The awarding of this bid is based on the proposed payments to the City for collected materials. The price paid per pound to the City will be a percentage of the current index "High Price" for the metals listed in the American Metal Market(AMM) magazine. The amount of payment shall be determined with reference to the index price in effect for each scrap metal as published on the first business day of the month in which the metal is removed. The Awardee shall provide the City a copy of the regional AMM prices within the first 7 days of each month throughout the term of the award. For bidding purposes, the City has provided sample calculations that utilize January 2013 AMM Indexes. These values are for bidding purposes only. The percentage retained by the vendor shall include all the costs associated with providing the services of this award. No additional costs shall be paid by the City for material removal. 5. COLLECTION SITE LOCATIONS FOR SCRAP METAL MATERIALS The Awardee will be responsible to visit City locations, talk with staff and determine the right sized container(s) for each location. Containers shall be provided at no charge to the City. The containers shall be in good and serviceable condition and pose no threat or hazard to City employees. Damage to City property for which the vendor is responsible will be repaired by the vendor in a timely manner. The vendor shall leave a replacement collection container whenever they retrieve a container. City staff will be responsible for placing items into containers. The Awardee will provide training to City staff on proper separation of scrap to maximize revenue to the City. Collection containers shall be serviced within 24 hours of the vendor being notified or by the close of business the next day. If a container is not serviced within the required time, the vendor shall be responsible for placing any overflow material into the replacement container when it is delivered. In addition to the established container location(s) the City shall have the right to coordinate pick-up of materials at any other City location when required. The City shall be completely satisfied that all scrap metal has been removed and that the area is left in a clean and manageable condition after collection. 11 6. PAYMENT TO THE CITY Payment shall be made based on the net weight of scrap retrieved by the vendor for recycling. Payment shall be made no later than the 10th day of the month immediately following pickup of scrap material. Payments are to be made payable to the City of Tampa and mailed to: City of Tampa Purchasing Department 306 East Jackson Street, Mailcode: 2E Tampa, Florida 33602 The vendor shall submit with each monthly payment a monthly summary to include the following items: • Date of pick up from City site; • Location of pick up; • Delivery site scale ticket number; • Category of load (scrap metal, copper, etc.); • Net weight of load • Scale Ticket Copies — a copy of scale tickets for each load (all weighing must be done on state certified scales) 12 EXHIBIT B BID RESPONSE FOR SCRAP METAL RECYCLING SERVICES Please Pant or Type We the undersigned, as Bidders, hereby dedare 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. Line Scrap Metal Estimated 2012 AMM Index % of Index Extended Price($) Category Gross Pounds Price Price to be ($/pound) * Paid to City (A) (B) (C) (D) = (A)x(B)x(C) 1 Ferrous Metal 80,000 $0.144 .77 % $ 8,870.40 2 Copper 4,100 $3.150 1.27 % $ 16,402.05 3 Aluminum 7,300 $0 610 905 % $ 4,029.97 4 Stainless Steel 2,000 $0 580 755 % $ 875 80 5 Brass 4,000 $2.300 .905 % $ 8,326 00 TOTAL AMOUNT OF BID: $ 3B,504 22 * AMM Index is for January 2013 (High Price)and consists of the following: • Ferrous Metal, #1 Heavy Melt(Birmingham index) - $/Gross Ton • Copper, No. 2 heavy&wire(Atlanta) - Cents/Pound • Aluminum,Old sheet&cast(Atlanta) -Cents/Pound • Stainless, 304 Solids clips Consumer(Pittsburgh) - Cents/Pound • Brass, Copper—Red Brass Solids(Atlanta)—Cents/Pound These indices are for bidding comparison only. Sub-Contracting Submittals required: Forms MBD-10, MBD-20 must be submitted with the bid/proposal. Authorized Signature. Date: 02/15/13 17 Firm Name. Kimmins Contracting Corp Type Organization. [ ] Individual [J Small Business [ ] 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. [x] Yes [] No License# CGC061458 State of Florida Corporation ID # (from Secretary of State): G41069 State of Flonda Fictitious Name Reg # (from Secretary of State): Authorized Representative's Name: Candice Agosto Authonzed Representative's Title: vice President Address: 1501 E 2nd Ave City. Tampa State: F1 Zip: 33605 Telephone No.: (813)579-1069 Fax No.: (813)579-1085 Email: Cagosto®kimmins,corn Federal I.D #: 16-0810270 Invoice Terms: NET 30 Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other Is your business certified as a minority business with any government agency? [ ]Yes [)t No. If yes, please list below: Agency Name Certification Number Expiration Date Authonzed Signature: lb � �<L Date._ 02/15/13 4 18