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Agenda 07/12/2022 Item #16C 5 (Award Contract #22-8000 Quicklime Supply for Collier County)
07/12/2022 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") N o. 22-8000, "Quicklime Supply for Collier County," for the purchase of quicklime required for potable water treatment by the Water Division and authorize the Chairman to sign the attached agreement. OBJECTIVE: To ensure reliable and fully compliant water services for our customers at the best value. CONSIDERATIONS: As part of an ongoing cost -containment effort, the Public Utilities Department continues to analyze all areas of greatest cost -improvement potential to ensure that it provides best value to its customers. One such cost-contaim-nent area is the purchase of chemicals the Collier County Water -Sewer District ("CCWSD") utilizes in its treatment processes to produce potable water, treat sewage, and produce irrigation quality water successfully, compliantly, and reliably. Quicklime is a critical drinking water chemical used in the lime softening process at the South Regional Water Treatment Plant. The County is currently using a Cooperative Purchasing Agreement with Lee County, contract B220105CMR - Quicklime - Annual as of May 12, 2022, with Lhoist North America of Alabama, LLC ("Lhoist"). On April 21, 2022, Procurement Services Division publicly advertised ITB Solicitation #22-8000 "Quicklime Supply for Collier County." The County received one bid and two no bids by the May 12, 2022, deadline. RESPONDENTS: Company Name city County State Bid Amount R sponsive/ Responsible Lhoist North America of Alabama, LLC Lakeland Polk FL $355.20/ton YES/YES_ Staff is recommending award to Lhoist, the lowest responsive and responsible bidder. Lhoist has been doing business in Florida since 2009. The attached agreement provides for a three-year term, with two additional one-year renewal terms. The product will be supplied to the County at the unit price of $355.20 per ton, which is lower than the price available through the Cooperative Purchasing Agreement. The price is fixed for the first year of the agreement, with the option for the vendor to seek annual price adjustments thereafter, subject to the vendor submitting supporting documentation justifying any proposed price increase and the county's concurrence. FISCAL IMPACT: The actual amount expended is dependent on the volume of potable water treated. FY21 actual chemical cost totaled $743,800. The anticipated annual cost included in the FY22 approved budget is $821,700. Funds are available in the CCWSD Operating Fund (408). Purchase orders will be issued only on an as- needed basis. The facility that will use this bid is the South County Regional Water Treatment Plant. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: To award ITB #22-8000 "Quicklime Supply for Collier County" to Lhoist North America of Alabama, LLC, and authorize the Chairman to sign the attached Agreement. Prepared by: Howard Brogdon, Director, Water Division I Packet Pg. 1131 07/12/2022 ATTACHMENT(S) 1. 22-8000 NORA signed (PDF) 2. 22-8000 Bid Tabulation (PDF) 3. 22-8000 Solicitation (PDF) 4. [Linked] 22-8000 Lhoist North America of Alabama LLC Bid Documents (PDF) 5. Lhoist—Insurance (PDF) 6. 22-8000 CAO—Lhoist—Lhoist Signature Copy_070522 (PDF) I Packet Pg. 1132 1 07/12/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doe ID: 22322 Item Summary: Recommendation to award JTB #22-8000 "Quicklime Supply for Collier County" to Lhoist North America of Alabama, LLC, and authorize the Chairman to sign the attached Agreement. Water Sewer Operating Fund (408) Meeting Date: 07/12/2022 Prepared by: Title: Plant Manager — Water Name: Howard Brogdon 06/30/2022 4:36 PM Submitted by: Title: Plant Manager — Water Name: Howard Brogdon 06/30/2022 4:36 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Capital Project Planning, Impact Fees, and Program Management Leeann Charles Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Zautcke Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Managers Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 07/01/2022 2:05 PM Additional Reviewer Completed Completed 07/01/2022 5:44 PM Completed 07/05/2022 10:17 AM Completed 07/05/2022 3:14 PM Completed 07/05/2022 3:36 PM Completed 07/05/2022 3:42 PM Completed 07/06/2022 8:18 AM Completed 07/06/2022 8:27 AM Completed 07/06/2022 9:12 AM Completed 07/06/2022 10:18 AM Completed 07/06/2022 11:16 AM 07/12/2022 9:00 AM I Packet Pg. 1133 1 DocuSign Envelope ID: FA12B6DB-4116-4474-8B85-049BE61536D2 cl Pier couf ity Procurement Services Division Notice of Recommended Award Solicitation No.: 22-8000 Title: Quicklime Supply for Collier County � Bid Due Date and Time: May 12, 2022, at 3:00 pm RESPONDENTS: Company Name City County State Amount Responsive/ Responsible Lhoist Nort America of Alabama, LLC Lakeland Polk FIL $355.20 Ton Yes/Yes Utilized Local Vendor Preference: Yes = No M On April 21, 2022, the Procurement Services Division issued ITB Solicitation 22-8000 — Quicklime Supply for Collier County to thirteen thousand three hundred thirty-one (13,331) vendors and conducted outreach. Twenty-six (26) bid packages were viewed, two (2) no bids and one (1) bid were received by the May 12, 2022, deadline. Staff is recommending award to Lhoist North America of Alabama, LLC, the lowest responsive and responsible bidder. Awards have been established on the lowest price basis to a primary vendor. Contract Driven = Purchase order Driven Required Signatures Project Manager: Howard Brogdon 5/17/2022 Procurement Strategist: Leeann Charles 5/17/2022 Procurement Services Director: 5/17/2022 Sandra Herrera Tab 2 - Appendix 11 - Template — Notice of Recommended Award — NORA—rev 02-14-20 1 Packet Pg. 1134 1 Project Manager : Howard Brogdon 22-8000 Quicklime Supply for Collier County Procurement Strategist: Leeann Charles Bid Tabulation Notices Issued :1 Viewed:26 Bid responses: 1 Lhoist North America of Alabama LLC Item Product Description Unit of Measure Price I W-6 Lime Ton $355.20 7ENDOR CHECKLIST Required Documents YES/NO Form 1: Vendor Declaration Statement YES Form 2: Conflict of Interest Certification Affidavit YES Form 3: Immigration Affidavit Certification YES Form 4: Local Vendor Preference NO Business Tax Reciept YES Form 5: References N/A Form 6: Grant Forms N/A Insurance Requirements YES W-9 YES Sun Biz YES E-Verify YES NSF Certificaiton YES Product Analysis YES Bid Schedule YES Addendum I YES Opened by: Leeann Charles Witnessed by: Lisa Oien I Packet Pg. 1135 1 DocuSign Envelope ID: 2984204F-4FF6-49El-8B9C-lDOOCF371412 County Manager Operations Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Quicklime Supply for Collier County SOLICITATION NO.: 22-8000 LEEANN CHARLES, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-4270 Lecann.Charles@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. I Packet Pg. 1136 1 DocuSign Envelope ID: 2984204F-4FF6-49El -8139C-1 DOOCF371412 SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 22-8000 PROJECT TITLE: Ouicklime Supply for Collier Coun DUE DATE: DATE & TIME PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: hitps://www.bidsyLic.com/bidsync-cas/ I INTRODUCTION As requested by the Collier County Public Utilities Division (hereinafter, the "Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "IT13") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. Historically, County departments have spent approximately $850,000; however, this may not be indicative of future buying patterns. BACKGROUND I Collier County's Public Utilities Department South County Regional Water Treatment Plant is seeking vendors to provide Quicklime for the County's water supply. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewals. Prices shall remain firm for the first year of the contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All 2oods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier re2ulations. Risk of loss of any 2oods sold hereunder shall transfer to the COUNTY at the time and place o delivery-, vrovided that risk of loss I)rior to actual receipt of the 2oods by th2 COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITI3 award criteria are as follows: The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. );, For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: 0 Lowest Unit Price Collier County reserves the right to select one, or more than one vendors, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: 0 2 -6 Z. E :2 .2 cm cm M C4 .2 W M .2 0 Cn 0? 04 04 r- 0 E M Award a Primary, Secondary and Tertiary I Packet Pg. 1137 1 DocuSign Envelope ID: 2984204F-4FF6-49El -8139C-1 DOOCF371412 The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. DETAILED SCOPE OF WORK 1. QUICKLIME - Standard ANSI/AWWA B202 Quicklime and Hydrated Lime of latest revision. 1. 1. DESCRIPTION 1. 1. 1. Lime, commonly called calcium oxide or quicklime, is a white, dry, free -flowing material, ranging in size from granular to pebble, along with various smaller size fines of calcium oxide, in a homogeneous mixture used in the lime softening water treatment process to chemically soften water. 1.2. PHYSICAL PROPERTIES: Appearance - white, free flowing powder/pebble mix. 1.2. 1. Bulk density - 65 lb./cu ft. 1.2.2. CaO Content - at least 90%. 1.2.3. Size - pebble material ranging in size from powder to 3/8". 1.2.4. Insoluble matter - not to exceed 5%. 1.2.5. Not more than 5% of the fines shall pass a No. 100 U. S. Standard sieve and none will be retained on a 3/4" sieve. 1.2.6. The material will have sufficient free flowing characteristics to prevent bridging in the storage silo at the water plant. If the material is found to bridge excessively in storage, this will be sufficient cause to cancel the contract and award the contract to the next lowest vendor. 1.2.7. The vendor will adjust pricing or issue credits or reftmds if it is discovered that an unusual amount of foreign material is produced by the normal use of this material. The vendor will also be responsible for any equipment damage (including parts and labor) resulting from foreign materials introduced to the lime feed system with the quicklime. 1.3. PRODUCT CERTIFICATION: 1.3. 1. The material shall be certified as suitable for contact with or treatment of drinking water by an accredited certification organization in accordance with NSF/ANSI 60. Evaluation shall be accomplished in accordance with requirements that are no less restrictive than those listed in NSF/ANSI 60. Certification shall be accomplished by a certification organization accredited by the American National Standards Institute. 1.4. SAFETY: 1.4. 1. The vendor's track must be equipped to safely handle and unload lime. 1.4.2. Safety Data Sheets (SDS) must be provided with the initial order and any time thereafter when a change in chemical is made. 1.4.3. Vendor must have representative available to respond to technical and safety concerns immediately via phone or 6 hours to the site. 1.4.4. The vendor will also be required to provide, at no additional cost to the County, two, four (4) hour training sessions at the County's facility each year that meet the federal and state safety and right to know training requirements. The education and instruction of the County's operations personnel shall be by a qualified instructor familiar with the safe handling practices associated with quicklime. 1.5. PACKAGING and DELIVERY: 1. 5. 1. The quicklime shall be delivered in bulk, by a hopper truck that can be unloaded pneumatically at the designated plant storage facilities. 1. 5.2. Maximum Quantity per delivery: 5 8,000 pounds 1.5.3. Estimated Annual Usage — 3,400 tons 1.5.4. Shipments will be FOB Destination, and received between the hours of 7:OOAM and 5:OOPM, Monday through Sunday, within three (3) working days after verbal receipt of the order from the Collier County Water Division (Includes Holidays). 1.6. DELIVERY LOCATION: South County Regional Water Treatment Plant 3851 Citygate Blvd Naples, FL 34117 -W 0 6 Z. CL .2 CY cm N M C4 .2 W M 0 co 0 0 0 0? C4 04 r_ 0 E M I Packet Pg. 1138 1 DocuSign Envelope ID: 2984204F-4FF6-49El -8139C-1 DOOCF371412 1.7. UNIT PRICING 1.7. 1. A unit price will be submitted by the Vendor(s) for Quicklime. The unit price submittal is to be inclusive of all costs associated with the scope of work identified, including the product, handling, transportation and delivery, any containers to be used by the County and provided by the Supplier to house their supplied chemicals on County property, fuel surcharges, etc. 1.8. PRODUCT ANALYSIS: 1.8. 1. Prospective bidders shall supply a complete analysis, with their bid submittal or prior to the Notice of Recommended Award. The analysis shall include a sieve analysis showing the percent captured on each size sieve, ranging from a 1/4- in. sieve to a #200 sieve. The analysis submitted must show the available calcium oxide content, slaking time, temperature rise, and insoluble matter content. All analyses shall be done in accordance with AWWA Spec B-202. 1.9. QUALITY TESTING: 1.9. 1. The basis for rejection or re -testing shall be the failure of the lime to produce a 50'F rise in temperature after three (3) minutes of slaking. This can be done by the operator on each truckload delivered. A representative sample from the delivery shall be provided by the driver upon each delivery. 0 1. 10. CAPABILITIES OF THE VENDOR: 1.10.1. The prospective bidders under this agreement shall be actively engaged in the actual production of Quicklime. The 2 County may request documentation from the vendor to demonstrate their ability to produce Quicklime and have a 6 reliable distribution channel to deliver at the requested delivery location. J2 Z. 2. PRICE MODIFICATIONS: CL 0. 2.1. Price increase requests may be submitted annually (After 365 calendar days from the agreement commencement = Cn month/day). Retroactive price adjustments are not authorized. a) 2.2. Submit price increase requests in writing by email to the County Contract Administrator 30 days before the annual E contract anniversary date for consideration. :2 2.3. Vendor shall provide supporting documentation justifying price increases (examples: vendor material agreements, .2 = CY distributor invoices, proof of fuel increases, etc.). 2.4. County Contract Administrator shall analyze prices to determine increases are fair and reasonable using the following N cm methods: price competition (reviewing competitive bids or offers), market prices, historical prices, or independent M 04 estimates. N- 2.5. Vendor shall continue to fill all purchase orders received at the current agreement prices during the review process. 2.6. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The bid tabulation shall be modified with the price increases and uploaded into the County's Finance .2 system. 0 2.7. Price increase requests are not guaranteed. If approved, the Procurement Director or designee will notify the Vendor in co writing with the effective date of any approved price increases. Q 2.8. Additional items and/or services may be added to the resultant agreement in compliance with the Procurement 0? C4 Ordinance, as amended, and Procurement Procedures. Any item and/or service that is not listed on the bid tabulation, 04 and is available for purchase, shall require quoting all awarded Vendors under the resultant agreement; the lowest quote will be awarded. If there is only one (1) Vendor, the County Contract Administrator may negotiate a fair and reasonable E price. Pricing shall be firm for one (1) year from the quote or negotiated date. U 2.9. All documentation required herein shall be provided at the time of submittal or before the Notice of Recommended cO V Award (NORA). < I Packet Pg. 1139 1 AC6RH' CERTIFICATE OF LIABILITY INSURANCE ATE (MMIDDIYYYY) r llk.� 09/30/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such enclorsement(s). PRODUCER Marsh USA, Inc. CONTACT NAME: PHONE FA'X;' (A/C, No. Ext)a I, No): 4400 Comerica Bank Tower 1717 Main Street E-MAIL Dallas, TX 75201-7357 ADDRESS: Attn: dallas.certs@marsh.Gom/(866) 966-4664 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ACE American insurance Company 22667 CN 1 02388372-Cas-GAWXP-21-22 No INSURED Lholst North America, Inc. INSURER B: Liberty Insurance Corporation 42404 INSURER C: ACE Fire Underwriters Insurance Company 20702 PO Box 985004 Ft. Worth, TX 76185 INSURER D: AIG Specialty Insurance Company 26883 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: HOU-003030201-45 REVISION NUMBER: 39 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH I HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSD -W-U POLICYNUMBER POLICY EFF (MM/DDNYYY) POLICY EXP (MM/DDNYYY) LIMITS A X COMMERCIAL ENERALLIABILITY CLAIMS-M AIDE 1XI OCCUR X HDO G7248244A 10/01/2021 10/01/2022 EACH OCCURRENCE $ 1,000,000 DA AGE To RENTED 'REM M"ES (E. occurrence) $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY [ PRO - —] JECT LOC GENERAL AGGREGATE $ 3,000,000 GEN'L PRODUCTS - COMPIOP AGG $ 3,000,000 $ OTHER: A AUTOMOBILE LIABILITY ISA H25543920 10/01/2021 10/01/2022 MBINED SINGLE LIMIT (CEO, $ 3,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED F_ SCHEDULED AUTO� ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY P AUTOS ONLY PROPERTYDAMAGE (Per accident) $ UMBRELLA LIAB OCCUR TH7-691-468055-071 01/01/2021 01/01/2022 EACH OCCURRENCE $ 9,000,000. AGGREGATE $ 9,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION$ r $ A C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA WLR C68919861 (AOS) SCF C68919903 (WI) 10/01/2021 10/01/2021 10/01/2022 10/01/2022 - —70ER X TH- TPTERT , A UTET E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Pollution Legal Liability PLS 25903335 11/01/2020 11/01/2023 Each Incident/Aggregate 5,000,000 Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: For any and all work performed on behalf of Collier County Collier County Board of County Commissioners, OR Board of County Commissioners in Collier County, OR Collier County Government are included as additional insured (exceptworkers' compensation) where required by written contract. CERTIFICATE HOLDER CANCELLATION Collier County Board of Commissioners 3295 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Vt_'571_V 17"C. @ 1988-2016 ACORD CORPORATION. All rights reserved. 0 0 0 0 4- 21 E CY C*4 04 CO) 04 04 0 U S 0 _J E ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD I Packet Pg. 1140 AGENCY CUSTOMER ID: CN102388372 LOC #: Dallas ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Marsh USA, Inc. Lholst North America. Inc. PO Box 985004 POLICY NUMBER Ft. Worth, TX 76185 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insureds: Lhoist North America, Inc. / KDM Holdings. Inc. and all owned subsidiaries Page 2 of 2 ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 L) .(D 0 E CY 04 04 Cl) C14 0 I Packet Pg. 1141 FIXED TERM SERVICE AGREEMENT # 22-8000 for Quicklime Supply for Collier County THIS AGREEMENT, made and entered into on this day of 2022 by and between Lhoist North America of Alabama,-LLC authorized to do business in the State of Florida, whose business address is 5600 Clearfork Main Street, Suite 300, Forth Worth, TX 76109 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): W I T N E S S E T H: AGREEMENT TERM. The Agreement shall be for a three 3 year period, commencing I upon the date of Board approval; e4�]-en and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two_( 2 ) additional - one _ ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his des:gnee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect- 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a N Purchase Order F] Netiee te PFe%ed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of F1 Reque6t feF PFePeGaI (R Invitation to Bid (ITB) R GtheF —) # 22-8000 including all Attachment(s), Exhibit(s) and Addenda and the Contract proposal referred to herein and made an integral part of this Agreement. F-01 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page I of 17 Fixed Tenn Service Agreernern 2022_Vcr.1 -- Q0 FPacket Pg. 1142 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit 13- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): El Lump Sum (Fixed PFOGe); A*fflfixed total priGe offeriRg fGF a prejert; the Fisks aFe tM R rD fR_rrR_i_A ftem the Geunty te the SeRtFaetep; and, as a b i �%ee theFe aFe R9 hGUFlY OF Fnat(Orl-Al ;RVQ_iG86 PF96eRt8d, Fath9F,_-thR_--R_n_RtraGt9F M616t peFfeFFA te th-e SatiGfaEAGA ef the CQe1_AR..'.1Y1'6--PFejeet FnafiageF befeFe payment feF-4he fixed PFP89 eeAtFaiB ie awtheFozed-. R Time and Materials: The County agFee6 to pay the BeRtFar-,tGF f0F the ameunt of !a time speRt by the 60RtFaGt9F'6 eFfipleyeeE; and 5Ub6eRtFa9tE)F6 t9 PeFf9FFR the weFk (RUFA ef ef howe times h9WFlY Fate), and f9F MatWials and equipmeRt used iFI the PF8jeSt (BOrt ef matefial6 plus the G9AtF8et8F'6 MaFkHp). This FAelhedelogy is geReFally used in pFejeets in whieh it Or, net pessible te aeauFately estimate the A-i-ite _9f thR_ PF9jeet, eFwhen it is expeeted that the pFejeSt FeqUiFements w9uld Fnest likely ehange. As a geneFal business pmetiee, theee eeRtffiets *R81ude baek up deewmentation of eests,: il - - iees weuld melude Aumbe ef heldFS WEA(ed and billiRg Fate by pesitien (and net eempany (or aubOeA#aG" timekeeping 9F payFell Fe99Fds), mateFial 9F equipment iny9fees, eAd etheF FeiFAIDUFSable deewmentatien feF the PFejeOt. RE Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s) . 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted, Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 hud Tern) Scrvice Agrcenient 2022-Ver. I (CA� Packet Pg. 1143 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. E] (GheGk if appl—ablel T.-vAll and Rei UrGable 9MPeRGG&-; TFayel and Re�mbwsable Expenses mus' n adVaRGe iR WFRiRg by !he Geunty. TFaVej expense6 shall be FeimbuFsed a6 pe-r-R-e-A-fieR 112.061 Fla, gtat& $44-09 Akfafe Aetwel t*eket eest limited t6 teWF49t eF e88819 A-1-86% f6s,rn_ Rental E)a Aetual Fental eerst limited te 6E)MpaGt OF GtaF1daFd size Aetual eeM ef ledging at GiAgle 99eUPBROY Fate with a MrRM; ME am I MR. M M_ PSIMM". ME ...... 7MM"T - MI. .1 Z r2W 3. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name- Lhoist North America of Alabama, LLC Address: 1479 Town Center Drive, Suite 229 Lakeland, FL 33803 Authorized Agent: Kennth E, Curtiss, VP / Philipp Niemann, President Attention Name & Title: J. Dale James, Sales Manager Telephone: (314) 614-4950 E-Mail(s): Dale,James@Lhoist.com Page 3 of 17 Fixed Tcrm Service Agremew 2022—Ver.] nCAO FPacket Pg. 1144 All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Division Director: Address: Water Division Howard Brqqdpn - - - 3339 Tamiami Trail East, Suite 303 Naples, Florida 34112 Administrative Agent/PM: Howard Brogdon, Division Director Telephone: (239) 252-5252 E-Mail(s): Howard. Brogdonacol liercou nLyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fall to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed Tcmi Service Agreemm 2022 Vcr. I I Packet Pg. 1145 1 the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows. A. [M-1 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. FE] Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Fm� Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. 9- R PFGfeSGienal Wab"ityl Shall be MaiRtained by the GOAtFaGtE)F to enaWe RS lega4 liability feF 61aeFAG aFising eut ef the peFfeFFAaAee Of ffefessienal BeFvieea UndeF thiG Affeement, GOAtFaGtOF WaiYeS itS Fight Bf FeeeveFy against Geunty as to any elaiffie WndeF Ws *nGb1F6F1G_P_. 2_4WA-11 iRSUFanee shall have knkG ef set leer-, than $ eaeh slaim and eqgFegate- E. El Cyber Liability: Coverage shall have minimum limits of $ per claim. F. OR Pollution Liability : Coverage shall have minimum limits of $ 1,000,000 per claim. Page 5 of 17 Fixcd Tum Scrvice Agetenicni 2022 Vcr I (C A�O FPacket Pg. 1146 G, F1 i-GeveF ge shall have 1UM liffiltS 8f $ peF elaiffl/086blffenee. H_ Fa@ shall have Special Reguirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County, 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Page 6 of 17 Fixed Term Service Agreement 2022_Ver. I (C—A-0) FPacket Pg. 1147 Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Department /Water Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16, COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), W Exhibit A Scope of Services, Exhibit B Fee Schedule, [:] R-r-pl R] ITB/[:] QtheF #22-8000 , including Exhibits, Attachments and Addend a/Addend u m, El subsequeRt. qU9t9r,, and F-1 QfJqnr r-;)(hibdVA#aehFneRti 17. APPLICABILITY. Sections corresponding to any checked box expressly apply to the terms of this Agreement. 18, SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Page 7 of 17 Fixud Temi Servicc Agremcnt 2022. Ycr. I (C-7�1�0 Packet Pg. 1148 Records Law Chapter 119, if applicable, including specifically those contractual req u ire ments at F. S - § 119.0701 (2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 262-8999 Email: Pu bi icRecord Reg u est@col I iercountyf I.gov The Contractor must specifically comply with the Florida Public Records Law to: 1 Keep and maintain public records required by the public agency to perform the service, 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8 of 17 Fixed Term Service Agreement 2022—Ver.1 — 1� gN F Packet Pg. 1149 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment. or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of. (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment property to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (fl unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. E� CLE&N-UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. F� WARRANTY. Contractor expressly warrants that the goods, materials andlor equipment covered by this Agreement will conform to the requirements as specified -,,'Mid w4 be -of &afiekirAory rnateriW-and-quaMy-pmdustenrffee ffem-defeott,,, and-suffieient for th"urpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Ten-n Service Agreement 2022—Ver. I I Packet Pg. 1150 1 particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished -under the-ContraGt Documents shall be applied, installed, connected7-erected, used, oteaned and conditioned-4n accordance with the A nstructions-of-the applicable manufacturers, falaricators-i-suppliers or processors except -as otherwise -provided for-in-the-Gentraet Documents. lf-,wi4hin one 1) year -after -final wmptetiGn, any Work is found to be defective or not in conformance with the Contract Documents, 'Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and -pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are -in addition to those implied warrantic-s-4o which the County is entitled as a matter of law. If any Product is found to be not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Except for the foregoing provided warranties, Contractor makes no further warranties of any kind, express or implied, including, but not limited to, any warranty of merchantability or fitness for any intended use or purpose. 26. (0 TESTS AND IbISPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. Ali inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27, FE1 PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUB§TITUTIONS,l Any substitution of products/materials from specifications shall be approved in writing by the County in advance. Page 10 of 17 Fixed Term Service Agreement 2022_Ver I I Packet Pg. 1151 1 29. CHANGES IN THE WORK. -The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County Is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. &PDITIONAL ITEMSISERVICES, Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. [D KEY PERSONNEL. The Cont.r-actor's personnel -and --management to-be-uMiZGd4of this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent per -sons will be utilizedAn-the performance of the Agreement -.The Contractor shall assign as many-peopleas necessary to complete the services on a timely basis, and each -person assigned sball-be available -for -an amount of time adequate to meet -the required sefviee dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have -substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. Page I I of 17 Fixed Term Service Agreement 2022 Ver I I Packet Pg. 1152 1 The -Contractor shall make commercially reasonable -efforts, to -notify Collier Gounty-Whin seven (7) days of the change. -The G ounty retains final approval of proposed replacement personnel. F0 AGREEMERI-STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. N ORDER OF PRECEDENCE., In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. [:1 ORDER OF PRECEDENCE (Grant Funded). In the event of any confliet between -of among the terms -of any of the Contract Documents -and/or the County's Board approved Executive Summary, the -terms -of the Agreement shall take-precedence�over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement, To the extent any conflict -in the terms of the Gentract Documents cannot be resolved by application of the Supplemental Conditions; -if any, or the Agreement, the conflict shal-I be resolved by imposing the more strict OF eftfly obligatien undekhe-Gantmol sRtG-uPon4he-G.Emtrwtor-�uRty!&disGrebeff- 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, a shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business, Page 12 of 17 Fixed Term Service Agreement 2022-Ver I I Packet Pg. 1153 1 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems, Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. 9 SAFET , All Contractors and subcontractors performing service for Collier County are required and shall comply vAth all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project, However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. 39. FORCE MAJEIJRE '. If the performance of any part of this Agreement by either party is prevented, hindered or delayed as a result of unforeseeable causes beyond the control of the parties, and not due to their fault or neglect, including but not limited to acts of Nature or of the public enemy, acts of government or the need to comply with governmental orders or regulations that result in the suspension or curtailment of activities, fires, floods, epidemics, quarantine regulation, strikes or lockouts, work stoppages or slowdowns, fuel or electric power or labor shortages, then Contractor or County, as the case may be, shall be excused from such performance during the continuance of such contingency; provided that the party seeking to be excused from performance notifies the other party of its inability to perform in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof and the anticipated time when full performance will be resumed, or be deemed to have waived any right that party may have had to request a time extension to perform under the Agreement. (Intentionally /eft blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement2022 Ver.1 I Packet Pg. 1154 1 IN WITNESS WHEREOF, the parttes hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness N, � I'S (20 pe pr n w ness namet C ntractor's Seco�) Witness �wr "Jype/printzi��ess nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: William L. McDaniel Jr.—, Chairman Lhoist North American of Alabama, LLC Contractor By:_/&,4tMtA PAJ� ignature b—".0ki 1E. PJA,e,'-� ViLz gQSiAx TTypelprint signature and titlbT Page 14 of 17 Fixed Term Servicc Agreement 2022—Ver. ( ) F Packet Pg. 1 i551 Exhibit A Scope of Services 3 ON following this page (containing —_ pages, this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement 2022—Ver. I Packet Pg. 1156 Invitation to Bid (ITB) #22-8000 "Quicklime Supply for Collier County" EXHIBIT A SCOPE OF SERVICES The term "Vendor" and "Contractor" may be used interchangeably throughout the Agreement, BACKGROUND I Collier County's Public Utilities Department South County Regional Water Treatment Plant is seeking vendor/s. to provide Quicklime for the County's water supply. L_ DETAILED SCOPE OF WORK 1. QUICKLIME - Standard ANSI/AWWA B202 Quicklime and Hydrated Lime of latest revision. I.I. DESCRIPTION ELL Lime, commonly called calcium oxide urquickiime, is a white, dry, free -flowing material, ranging in size from granular to pebble, along with various smaller size fines of calcium oxide, in a homogeneous mixture used in the lime softening water treatment process to chemically soften water. 1.2. PHYSICAL PROPERTIES: Appearance - white, free flowing powder/pebble mix. 1,2.1. Bu'kdeiisity-651b./cuft. 1.2,2. CaO Content - at least 90%. 1.2.3. Size - pebble material ranging in size from powder to 3/8". 1.2.4. Insolublematter -not to exceed 5%. 1.2.5. Not more than 5% of the fines shall pass a No. 100 U. S. Standard sieve and none will be retained on a 3/4" sieve. 1.2.6. The material will have sufficient free flowing characteristics to prevent bridging in the storage silo at the water plant. If the material is found to bridge excessively in storage, this will be sufficient cause to cancel the contract and award the contract to the next lowest vendor. 1.2.7. The vendor will adjust pricing or issue credits or refunds if it is discovered that an unusual amount of foreign material is produced by the normal use of this material. The vendor will also be responsible for any equipment damage (including parts and labor) resulting from foreign materials introduced to the lime feed system with the quicklime. 1.3. PROD U CTCERTIFICATION: 1.3.1. The material shall be certified as suitable for contact with or treatment of drinking water by an accredited certification organization in accordance with NSF/ANSI 60. Evaluation shall be accomplished in accordance with requirements that are no less restrictive than those listed in NSF/ANSI 60. Certification shall be accomplished by a certification organization accredited by the American National Standards Institute. 1.4. SAFETY: 1A.I. The vendor's truck must be equipped to safely handle and unload lime. Pagel of3 Exhibit A — Scope of Services FPacket Pg. 1157 Invitation to Bid (ITB) 422-8000 "Quicklime Supply for Collier County" 1.4.2. Safety Data Sheets (SDS) must be provided with the initial order and anytime thereafter when a change in chemical is made. 1.4.3. Vendor must have representative available to respond to technical and safety concerns immediately via phone or 6 hours to the site. ]AA, The vendor will also be required to provide, at no additional cost to the County, two, four (4) hour training sessions at the County's facility each year that meetthe federal and state safety and right to know training requirements. The education and instruction of the County's operations personnel shall be by a qualified instructor familiar with the safe handling practices associated with quicklime. L5. PACKAGING and DELIVERY: 1.5.1. The quicklime shall be delivered in bulk, by a hopper truck that can be unloaded pneumatically at the designated plant storage facilities. 1,5.2. Maximum Quantity per delivery: 58,000 pounds 1.5.3. Estimated Annual Usage — 3,400 tons 1.5.4. Shipments will be FOB Destination, and received between the hours of 7:OOAM and 5:OOPM, Monday through Sunday, within three (3) working days after verbal receipt of the order from the Collier County Water Division (includes Holidays). 1.6. DELIVERY LOCATION: South County Regional Water Treatment Plant 3851 Citygate Blvd Naples, FL 34117 1.7. UNIT PRICING 1.7. L A unit price will be submitted by the Vcndor(s) for Quicklime. The unit price submittal is to be inclusive of all costs associated with the scope of work identified, including the product, handling, transportation and delivery, any containers to be used by the County and provided by the Supplier to house their supplied chernicals on County property, fuel surcharges, etc. L8. PRODUCT ANALYSIS: 1.8. 1. Prospective bidders shall supply a complete analysis, with their bid submittal or prior to the Notice of Recommended Award. The analysis shall include a sieve analysis showing the percent captured on each size sieve, ranging from a 1/4-in. sieve to a #200 sieve. The analysis submitted must show the available calcium oxide content, slaking time, temperature rise, and insoluble matter content. All analyses shall be done in accordance with AWWA Spec B-202. 1.9. QUALITY TESTING: 1.9. 1. The basis for rejection or re -testing shall be the failure of the lime to produce a 50'F rise in temperature after three (3) minutes of slaking. This can be done by the operator on each truckload delivered. A representative sample from the delivery shall be provided by the driver upon each delivery. 1.10. CAPABILITIES OF THE VENDOR: 10. 1. The prospective bidders under this agreement shall be actively engaged in the actual production of Quicklime. The County may request documentation from the vendor to demonstrate their ability to produce Quicklime and have a reliable distribution channel to deliver at the requested delivery location, Page 2 of 3 Exhibit A — Scope of Services I Packet Pg. 1158 1 Invitation to Bid (ITB) 922-8000 "Quieldime Supply for Collier County" 2. PRICE MODIFICATIONS: 2.1. Price increase requests may be submitted annually (After 365 calendar days from the agreement commencement month/day). Retroactive price adjustments are not authorized. 2.2. Submit price increase requests in writing by email to the County Contract Administrator 30 days before the annual contract anniversary date for consideration. 2.3. Vendor shall provide supporting documentation justifying price increases (examples: vendor material agreements, distributor invoices, proof of fuel increases, etc.). 2.4. County Contract Administrator shall analyze prices to determine increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), marketprices, historical prices, or independent estimates. 2.5. Vendor shall continue to fill all purchase orders received at the current agreement prices during the review process. 2.6. Price increase requests are not guaranteed. If approved, the Procurement Director or designee wi I I notify the Vendor in writing with the effective date of any approved price increases and fee schedule will be modified with the price change and uploaded to the County's Finance system. Page 3 of 3 Exhibit A — Scope of Services FlRacket Pg. 1159 Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Find Tcrm Serviec Agreamcni 2022 Vcr I I Packet Pg. 1160 1 Invitation to Bid (ITB) #22-8000 "Quicklime Supply for Collier County" EXHIBIT B FEESCHEDULE Lhoist North Amcrica of Alabama, LLC Item Product Description Unit of Measure Price* I W-6 Lime Ton $355.20 *Price shall remain firm for the first year of the contract Page 1 of I Exhibit B — Fee Schedule F Packet Pg. 1161 Other ExhibittAttachment Description- F� following this page (containing __ ___ pages) FO-1 this exhibit is not applicable Page 17 of 17 Fixcd Term Service Agreement 2022 Ver I I Packet Pg. 1162 1 cA.,c.-v Invitation to Bid 22-8000 Quicklime Supply for Collier County I4•m Product Deuriptbn Unit of Mea PH- I W-6 Limc Ton VENDOR CHECKLIST Required Documenu YES/NO Form I: Vendor Declaration Statement e.. Fornt 2: Conflict of Interest CenJcation Affidavit Fomr 3: Immigration Affidavit Certification les Form 4: Local Vendor Preference Business Tax Rceiepl I is Fomt 5: References N/A Fomt 6: Grant Forms N/A Insurance Requiroments WA Suit Biz ecii E-Verif, NSF Certification Product Anah'sis Bid Schedule -- Ix:.r - Collier County Solicitation 22-8000 Solicitation 22-8000 Quicklime Supply for Collier County Solicitation Number 22-8000 Solicitation Title Quicklime Supply for Collier County Solicitation Start Date Apr 21, 2022 2:45:53 PM EDT Solicitation End Date May 12, 2022 3:00:00 PM EDT Question & Answer May 5, 2022 5:00:00 PM EDT End Date Solicitation Contact Leeann Charles Procurement Strategist 239-252-4270 Leeann.Charles@colliercountyfl.gov Contract Duration 3 years Contract Renewal 2 annual renewals Prices Good for 180 days Solicitation Comments Collier County's Public Utilities Department South County Regional Water Treatment Plant is seeking vendors to provide Quicklime for the County's water supply. Item Response Form Item 22-8000-01-01 - Quicklime Supply for Collier County Quantity 1 each Unit Price .9 3.55. a d P�K +on Delivery Location Collier County 1. Procurement Services 3295 E. Tamiami Trail Building C2 Naples FL 34112 Qty1 Description Lowest Unit Price See Bid schedule 4/21/2022 12:47 PM p. 2 Co -ter County Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNT-Y COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _10_ day of _May______,, 2022 in the County of Polk , in the State of Fl. Firm's Legal Name: Lhoist North America of Alabama, LLC Address: 1479 Town Center Drive, Suite 229 City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: Lakeland, FL 33803 63-1002780 314-6144950 Dale.james(a)lhoist.com J. Dale James, Sales Manager Additional Contact Information Send payments to: (required if different from above) Contact name: Title: Address: City, State, ZIP Lhoist North America Company name used as payee Accounts Payable 5221 Paysphere Circle Chicago, IL 60674 Telephone: 800-365-6724 Email: Office servicing Collier Alabama Shipping Team County to place orders (required if different from above) Contact name: Trey Brown Title: Shipping Coordinator Address: 3309 Highway 31 City, State, ZIP Calera, AL 35040 Telephone: 800-695-5657 Email: lna.eastlimesales@lhoist.com Co ter C014Hty Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. I hoist North America Company Name A/r rri� Signature J. Dale James, Sales Manager Print Name and Title State of Fl. County of Polk The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _10 day of _May (month), 2022 (year), by J. Dale James (name of person acknowledging). Personally Known OR Produced Identification Type of Identification Produced (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) Y Notary Public State of Florida Elizabeth A Hart My Commission HH 134648 Expires 09/17/2025 Co ter C0141.ty Procurement Services Division Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the lien and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (hops://wwH.c-verif . J, at the time of the submission of the Vendor's proposaVbid. Acceptable evidence of your enrollment consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's proposal/bid or within five (S) day of the County'.s Notice of Recommend Award. FAILURE TO EXECUTE. THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAUBln MAY DEEM THE VENDOR'S AS NON -RESPONSIVE,. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Lhoist North America Company Name Signature J.-Dale James. Sales Manager Print Name and Title State of FL County of _Polls, The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 10 day of May (month), 2022 (year), by J. Dale James (name of person acknowledging). Personally Known OR Produced Identification Type of Identification Produced (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) X Notary Public State of Florida Elizabeth A Hart My Commission HH 134648 Expires 09/17/2025 i 1Tv �xm 6i Ad! 0 BUSINESS TAX RECEIPT Expires on: 9/30/2022 Business Tax Office, 228 S Massachusetts Ave., Lakeland, FL 33801 Account Number: 1397742 This business tax receipt does not permit the holder to operate in violation Workers: 2 of any City law, ordinance or regulation. Any change in location or Square Footage: 1,108 ownership must be approved by the City Business Tax Section, subject to Fee: $120.72 zoning restrictions. This Receipt does not constitute an endorsement, approval or disapproval of the holder's skill or competence or of the Location Address compliance or noncompliance of the holder with other laws, regulations or 1479 TOWN CENTER DR #229 standards. Business Name & Mailine Address LHOIST NORTH AMERICA OF ALABAMA LLC / ATTN: LICENSING rl L PO BOX 985004 FORT WORTH,TX 78185-5004 RECEIPT MUST BE CONSPICUOUSLY DISPLAYED IN YOUR PLACE OF BUSINESS VALID ONLY WHEN SIGNED Bus. Type(s) Bus. Subtype(s) CAT I -OFFICE BUSINESS OFFICE CATEGORY Quantity ,a��R" CERTIFICATE OF LIABILITY INSURANCE ATE o1Z17/2021D/YYYY) F --- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA, Inc. 4400 Comerica Bank Tower CONTACT NAME: FA arc No E2d : A/C No): E-MAIL ADDRESS: 1717 Main Street Dallas, TX 75201-7357 Attn: dallas.certs@marsh.com/(866) 9664664 INSURERS AFFORDING COVERAGE NAIC # INSURER A: ACE American Insurance Company 22667 CN 1 02388372-Cas-GAWXP-21-23 No INSURED Lhoist North America, Inc. INSURERS: Liberty Insurance Corporation 42404 INSURER C : ACE Fire Underwriters Insurance Company 20702 PO Box 985004 INSURER D : AIG Specialty Insurance Company 26883 Ft. Worth, TX 76185 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: HOU-003030201-46 REVISION NUMBER: 39 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l�TR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFF MM DD/YYYY MMIDDPOLICY Y EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR X HDOG7248244A 10/01/2021 10/01/2022 EACH OCCURRENCE $ 1,000,000 DAMAGES ( RENTED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY PRO- ❑ JECT LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS -COMP/OP AGG $ 3,000,000 $ OTHER: A AUTOMOBILE LIABILITY ISA H25543920 10/01/2021 10/01/2022 COMEaacciBINEDdentSINGLE LIMIT $ 3,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR TH7-691-468055-072 01/01/2022 01/01/2023 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICERIMEMBEREXCLUDED? ❑N (Mandatory in NH) N/A WLR C68919861 (ADS) SCF C68919903 (WI) 10/01/2021 10/01/2022 10/01/2022 X I PER oTH- STATUTE I I ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Pollution Legal Liability PLS 25903335 11/01/2020 11/01/2023 Each Incident/Aggregate 5,000,000 Claims Made DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: For any and all work performed on behalf of Collier County Collier County Board of County Commissioners, OR Board of County Commissioners in Collier County, OR Collier County Government are included as additional insured (except workers' compensation) where required by written contract. I. M I IF Il m I G rIIJLUCr% WANI.CLLFI I IUIV Collier County Board of Commissioners 3295 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 7'Ara,aaAr, 42,zc. @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102388372 LOC #: Dallas AC"J? " ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Marsh USA, Inc. NAMED INSURED Lhoist North America, Inc. PO Box 985004 Ft. Worth, TX 76185 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insureds: Lhoist North America, Inc. I KDM Holdings, Inc. and all owned subsidiaries ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Lhoist North America of Alabama, LLC is a disregarded entity filed through Chemical Management Co., Inc. A disregarded entity refers to a business entity with an owner that is not recognized, for income tax purposes, as an entity separate from its owner. � Request for Taxpayer Give Form Form (Rev. October2018) Identification Number and Certification to the requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Chemical Management Co., Inc. 2 Business name/disregarded entity name, if different from above Lhoist North America of Alabama, LLC EIN: 63-1002780 M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the y 4 Exemptions codes apply onlyto �N ep following seven boxes. certain entities, individuals; see o o ❑ Individual/sole proprietor or ✓❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): a ty c single -member LLC Exempt payee code Cif any) 5 .2 ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `o g Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting a c LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC that is disregarded from the for U.S. federal code (if any) aS another not owner tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. o ❑ Other (see instructions) ► (Applies to accounts m nt—d outside the U S Q. 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) N � 5600 Clearfork Main Street, Ste. 300 6 City, state, and ZIP code Fort Worth, Texas 76109 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN. However, fora _ M — resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. F-7'I W"M"IO"W ©I U Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here U.S. person 0- General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► 1 /1 /2022 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Lhoist North America Lhoist Group 00; March 17, 2021 RE: Chemical Management Co., Inc. - EIN: 75-2147588 Lhoist North America of Alabama, LLC - EIN: 63-1002780 W-9 There was no change in EIN for Lhoist North America of Alabama, LLC, EIN: 63- 1002780, Lhoist North America of Alabama, LLC is a disregarded entity for income tax purposes and is reported as part of Chemical Management Co., Inc. on our income tax return. Disregarded entities are not used on line 1 of W-9's. Chemical Management Co., Inc. (the regarded entity) is the entity shown on line 1 of the W9 with their corresponding EIN: 75-2147588 in Part 1. Since Lhoist North America of Alabama, LLC is a disregarded entity for income tax, it is shown on line 2. Sincerely, Genice Joyce Tax Manager Lhoist North America P.O. Box 985004, Fort Worth, Texas 76185-5004 5600 Clearfork Main Street, Suite 300, Fort Worth, Texas 76109 Phone: (817) 806-1671 (800) 365-6724 Fax: (817) 732-6069 Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company LHOIST NORTH AMERICA OF ALABAMA, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 5600 Clearfork Main Street Suite 300 Fort Worth, TX 76109 Changed: 01 /13/2020 Mailing Address 5600 Clearfork Main Street Suite 300 Fort Worth, TX 76109 M09000001425 63-1002780 04/15/2009 AL ACTIVE LC NAME CHANGE 08/17/2012 NONE Changed: 01 /13/2020 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Authorized Person(s) Detail Name & Address Title VP, Secretary, General Counsel Curtiss, Kennth E. 5600 Clearfork Main Street Suite 300 Fort Worth, TX 76109 Title Member CHEMICAL MANAGEMENT CO., INC 5600 Clearfork Main Street Suite 300 Fort Worth, TX 76109 Title President, CEO Niemann, Philipp, Dr. 5600 Clearfork Main Street Suite 300 Fort Worth, TX 76109 Annual Reports Report Year Filed Date 2020 01 /13/2020 2021 04/27/2021 2022 04/25/2022 Document Images 04/25/2022 -- ANNUAL REPORT 04/27/2021 —ANNUAL REPORT 01/13/2020 -- ANNUAL REPORT 02/06/2019 --ANNUAL REPORT 01/09/2018 -- ANNUAL REPORT 04/27/2017 -- ANNUAL REPORT 04/22/2016 -- ANNUAL REPORT 05/01/2015 -- ANNUAL REPORT 05/01/2014 -- ANNUAL REPORT 04/29/2013 -- ANNUAL REPORT 08/17/2012 -- LC Name Change 04/19/2012 -- ANNUAL REPORT 04/27/2011 —ANNUAL REPORT 05/04/2010 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF forma View image in PDF format View image in PDF format t View image in PDF format View image in PDF format View image in PDF format View image in PDF format j View image in PDF format View image in PDF format View image in PDF format 04/15/2009 -- Foreign Limited View image in PDF format eriy Company ID Number: 1644822 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and Lhoist North America of Alabama Inc (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 - er iy Company ID Number: 1644822 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ^_ E-Verifv- off Company ID Number: 1644822 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.6 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- off0 Company ID Number: 1644822 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VI may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(a)_dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 1644822 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify Company ID Number: 1644822 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete anew Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv Company ID Number: 1644822 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 -ergEfy,.�� �::�- luau Company ID Number: 1644822 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative non confirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Ve I�INIi Y Company ID Number: 1644822 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ery Company ID Number: 1644822 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verif-v Company ID Number: 1644822 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 e E-Vrifv Company ID Number: 1644822 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 - ergff Company ID Number: 1644822 Approved by: Employer Lhoist North America of Alabama Inc Name (Please Type or Print) Title SANDRA M TALIAFERRO Signature Date Electronically Signed 02/19/2021 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 02/19/2021 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv Company ID Number: 1644822 Information Required for the E-Verify Program Information relating to your Company: Lhoist North America of Alabama Inc Company Name 5600 Clearfork Main Street Suite 300 Fort Worth, TX 76109 Company Facility Address PO BOX 985004 Fort Worth, TX 76185 Company Alternate Address County or Parish TARRANT Employer Identification Number 631002780 North American Industry 212 Classification Systems Code Parent Company Number of Employees 500 to 999 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 - ergff Company ID Number: 1644822 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: TX Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- Company ID Number: 1644822 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Elizabeth Hart Phone Number 8636449010 Fax 8639988769 Email Elizabeth. Hartakhoist.com Name SANDRA M TALIAFERRO Phone Number 8173082705 Fax Email sandv.taliaferroWhoist.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify Company ID Number: 1644822 This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 UL Product V FDPH.MH17190 - Drinking Water Treatment Chemicals Drinking Water Treatment Chemicals LHOIST NORTH AMERICA INC MH17190 PO BOX 985004 FT WORTH, TX 76185-5004 United States NSF/ANSI 60 Plant at: City of Industry, CA Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium Oxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation 500 and pH adjustment CBA - Corrosion and Scale Control, Softening, Sequestering, Precipitation 1440 and pH adjustment CRS+ - Corrosion and Scale Control, Softening, Sequestering, Precipitation 1440 and pH adjustment Dolomitic Hydrated Lime - Corrosion and Scale Control, Softening, Sequestering, Precipitation 1860 Slurry, 40% and pH adjustment Neutralac SLS4S - Softening, Precipitation, Sequestering, pH adjustment, and 1440 Corrosion/Scale Control Chemicals Plant at: Clifton, TX Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment I J Plant at: Henderson, NV Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Dolomitic Hydrated - Corrosion and Scale Control, Softening, Sequestering, Precipitation and 744 Lime pH adjustment Plant at: Hill Country Terminal - New Braunfels, TX Conditions Of Trade Dsg Acceptability Category Max Use Level (mg/L) CRS45- - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 A I adjustment I Plant at: Hurst, TX Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment Plant at: Hwy 2S, Calera, AL Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium Hydroxide F Corrosion and Scale Control, Softening, Sequestering, Precipitation 1860 Slurry, 35% and pH adjustment Plant at: Hwy 31N, Calera, AL Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 Hydroxide adjustment Calcium Oxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 adjustment Plant at: Langley, BC Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment Plant at: Langley, BC, Canada Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 Carbonate adjustment Plant at: LaPorte, TX Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) CRS45-A - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 adjustment Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment Neutralac - Softening, Precipitation, Sequestering, pH adjustment, and Corrosion/Scale 1440 SLS45 Control Chemicals SLS45 - Softening, Precipitation, Sequestering, pH adjustment, and Corrosion/Scale 1440 Control Chemicals Plant at: Marble Falls, TX Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Dolomitic Quicklime - Coagulation and Flocculation Chemicals 500 Plant at: McKinney, TX Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) DW Hydrated - Softening, Precipitation, Sequestering, pH adjustment, and Corrosion/Scale 1860 Lime Control Chemicals Plant at: New Braunfels, TX Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment Plant at: Nichols, FL Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment Plant at: Peach Springs, AZ Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment Plant at: Port Allen, LA Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment Plant at: Ripplemead, VA Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment Plant at: Riverside, CA Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Dolomitic Hydrated Lime - Corrosion and Scale Control, Softening, Sequestering, Precipitation 1860 Slurry, 40% and pH adjustment Plant at: Ste. Genevieve, MO Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment Plant at: Stockton, CA Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 500 Oxide adjustment Conditions of Trade Dsg Acceptability Category Max Use Level (mg/L) Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 650 adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 Slurry adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 Slurry adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 Slurry adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 Slurry adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 Slurry adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 Slurry adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 Slurry adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 Slurry adjustment Calcium Hydroxide - Corrosion and Scale Control, Softening, Sequestering, Precipitation and pH 1860 Slurry adjustment SLS45 - Softening, Precipitation, Sequestering, pH adjustment, and Corrosion/Scale 1440 Control Chemicals Last Updated on 2021-10-04 The appearance of a company's name or product in this database does not in itself assure that products so identified have been manufactured under UL's Follow -Up Service. Only those products bearing the UL Mark should be considered to be Certified and covered under UL's Follow -Up Service. Always look for the Mark on the product. UL permits the reproduction of the material contained in the Online Certification Directory subject to the following conditions: 1. The Guide Information, Assemblies, Constructions, Designs, Systems, and/or Certifications (files) must be presented in their entirety and in a non -misleading manner, without any manipulation of the data (or drawings). 2. The statement "Reprinted from the Online Certifications Directory with permission from UL" must appear adjacent to the extracted material. In addition, the reprinted material must include a copyright notice in the following format: "© 2022 UL LLC" Site: Document Type Lhoist North America � LNA O'Neal, AL Product Specification (Plant) IItI ' nQ�Sf GrQUD. Document No.: Revision Date/Time: Lhoist North America of Alabama, LLC 2885 Hwy31 North, Calera, AL, USA 36040 US03 1184 - PSP 10/1/2016 12:00:00 PM ` Phone k: (205)-402-1528 1 Subject: US03 - 1184 - HI CAL QUICKLIME - PEBBLE - SMALL - -1/2" x 5 Mesh Hard copies of this document are not controlled unless authorized. 1.0 SPECIFICATIONS CHARACTERISTIC SPECIFICATION LIMIT REFERENCE Available CaO (%) 92.0 2.5 Min ASTM C25 Max ASTM C1271 (XRF) Max ASTM C1271 (XRF) Mg0 (%) Si02 (%) 1.5 S (%) 0.075 Max ASTM C25 (C/S Analyzer) CO2 (%) 2.0 Max ASTM C25 (C/S Analyzer) Reactivity at 180 seconds (C) 40 Min_ ASTM C110 Water Insoluble Residue (% Retained on 30 Mesh) 2.0 Max ASTM C110 1/2" Screen (% Passing) 90.0 Min ASTM C110 2.0 SIZING - Quicklime is made from limestone, which is a naturally occurring material. Sizing is tested and representative at the time of manufacture and shipping. Quicklime is also subject to decrepitation during handling which leads to a decrease in particle size and an increase in the amount of finer sized material. For more information, please contact your Lhoist North America (LNA) Sales Representative. 3.0 CERTIFICATE OF ANALYSIS/CONFORMITY - Available upon request and/or provided with the shipment. 4.0 IDENTIFICATION - Bulk and semi -bulk bagged product will be identified with the product code and date on the shipping documents. 5.0 STORAGE - This material should be stored in an enclosed environment away from elevated levels of moisture and/or humidity. Certificate of analysialconformity to established specifications Is limited to testing by Lholst North America at the place and time of initial production using the accepted test methods shown in Section 1.0 and other standard certified testing procedures as required. Representative sampling is a statistically accepted methodology used in the evaluation of Lhoist North America's finished products. This procedure does allow for some inherent variability within the product being sampled. This variability should be considered when interpreting and/or comparing this unique data to any other unique data. Post -shipment testing is vulnerable to settling, segregation and/or decrepitation, and may result in non -homogenous sampling error(s). None of the information contained in this document constitutes a warranty, expressed and/or implied. Lhoist North America specifically disclaims any warranty of fitness or suitability for a particular purpose. All products should be considered and/or applied according to user's best judgment. PURCHASE OF PRODUCT SHOWN ON THIS DOCUMENT SIGNIFIES BUYER'S AGREEMENT THAT LHOIST NORTH AMERICA /S RESPONSIBLE ONLY FOR REPLACEMENT OF DEFECTIVE PRODUCT AND SHALL NOT IN ANY EVENT BE HELD LIABLE FOR ANY SPECIAL, INDIRECT, AND/OR CONSEQUENTIAL DAMAGE. co 1eY co-t4nty Procurement Services Division Date: May 11, 2022 Email: Leeann.Charles((Tcolliercountyf7.gov Telephone: (239) 252-4270 Addendum 1 From: Leeann Charles, Procurement Strategist To: Interested Bidders Subject: Addendum #1, 22 -8000 Quicklime Supply for Collier County The following changes are made to the above -mentioned Collier County solicitation: Change. To upload Bid Tabulation from previous bid. If you require additional information, please post a question on our BidSync (ww-w.bidsyiic.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (SigMture) J � p I I (Name of Firm) .55 1 Date