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Agenda 02/28/2023 Item #11B (Contract #23-8076 Beach Compatible Sand Supply for Emergency Beach Fill)
02/28/2023 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 23-8076, "Beach Compatible Sand Supply for Emergency beach fill," to Vulcan Construction Materials, LLC, Stewart Materials, LLC, and Garcia Mining Company, LLC, authorize the Chairman to sign the attached Agreements, and make a finding that this item promotes tourism. OBJECTIVE: To acquire sand sourcing for upcoming emergency berm projects. CONSIDERATIONS: In order to perform emergency berm placement on the County's beaches staff is recommending entering into contracts with multiple vendors to supply beach compatible sand. Truck haul emergency renourishments are constructed with sand purchased by the County directly from the supplying sand mine. The fill material must come from a Florida Department of Environmental Protection approved sand source. A separate contractor will be selected by the County for pick-up, delivery and placement of fill material for each maintenance project. This approach will be advantageous to the County by ensuring that material is available and ready to meet project needs. The attached sand supply contract is to supply beach compatible sand for three years with two one-year renewal options, for a total placement over a 5-year period for emergency projects. The bids received were for an "At - Beach" pricing utilizing a mine price per ton, plus a specified transportation price of $0.20 per ton per one-way haul miles. The desired average mean -grain size is 0.38mm. Yearly sand supply will be authorized by issuing a purchase order under the contract and a Notice to Proceed to initiate and authorize sand manufacturing. On December 16, 2023, the Procurement Services Division released notices of Invitation to Bid No. 23-8076 and the County received four bids by the January 11, 2023, deadline. Vendor Total Bid Price (For award purposes only) Vulcan Construction Materials LLC $5,665,000.00 Stewart Materials, LLC $5,742,500.00 Garcia Mining Company, LLC $7,175,000.00 Vulcan Construction Materials, LLC has been in business since 2008 and has performed similar services throughout the state of Florida. Stewart Materials, LLC has been in business seven years and has performed similar services for Collier County over the last three years. Based out of Virginia, Garcia Mining Company has been doing business in the state of Florida for over four years. Both Vulcan Construction Materials LLC and Garcia Mining LLC will be new vendors to the County. On December 16, 2023, the Procurement Service Division issued an Invitation to Bid, Solicitation # 23-8076 - Beach Compatible Sand Supply for Emergency and Maintenance. The bid opening occurred on January 11, 2023, with bids received from Stewart Materials, LLC, Vulcan Construction Materials, LLC, Garcia Mining Company, LLC and Douglas Truck LLC. Stewart Materials, LLC was deemed the lowest responsive and responsible primary bidder, Vulcan the secondary vendor, and Garcia Mining Company, LLC as the tertiary vendor. On January 13, 2022, a Notice of Recommended Award was issued in that ranked order. On January 18, 2023, the Procurement Director acknowledged an Intent to Protest submitted by Vulcan. Thereafter, Vulcan timely submitted its current formal bid protest (the "Protest"), along with providing a check for the protest filing fee as provided in the County's Procurement Ordinance. Vulcan's issues can best be summarized into the following categories: Stewart's miles calculated are incorrect and the historical and allowable truck routes require Stewart's mileage to be recalculated as 55.7 miles not 48.3 miles. On January 30, 2023, the Procurement Director rendered an opinion revising the Notice of Recommended Award, as follows: Vulcan Construction Materials, LLC, as primary vendor, Stewart Materials, LLC, as secondary vendor, Packet Pg. 121 02/28/2023 and Garcia Mining Company, LLC as tertiary vendor. The decision was based on historical practice, and as a result of a meeting of the Collier County Advisory Committee (the "CAC") on September 11, 2014, where the CAC recommended delivering sand utilizing the route requested in paragraph 2 of Lee County Resolution No. 13-10-01 (see attached), which established and incorporated the allowable truck routes for sand truck hauls on the 2014 projects. As a further historical reference, Stewart has adhered to that standard providing for those allowable truck routes for sand truck haul projects in recent County Solicitation numbers 20-7797 and 21-7923. Stewart's reference to a shorter truck route distance in response to the current ITB No. 23-8076, is inconsistent with its prior submission(s) for sand mining services. On February 2, 2023, Stewart Materials protested the revised Notice of Recommended Award but subsequently withdrew. The Collier County Emergency Berm projects will be divided into two project areas, north and south, each requiring approximately 300,000 tons ("TN") (at approximately 4,500 TN per day). The County's current sand supply agreement with Stewart Materials will be used for the first 75,000 cubic yards ("CY") of sand for the emergency berm project. Since the emergency berm project requires more than 300,000 CY (at approximately 4,500 TN per day) for the south project, the supply limitations of the existing agreement are insufficient to complete the project prior to the beginning of hurricane season on June 1, 2023. The new agreement allows the County to increase sand supply amounts and also gives the County the flexibility to purchase sand from multiple sources, making sand production by the vendor(s) more manageable. The existing agreement with Stewart Materials will remain and be used for non -emergency beach renourishment projects. Because of the need to expeditiously promote the best interests of the County, Staff is requesting that the Board approve these contracts for the emergency berm projects, Vulcan Construction Materials, LLC, Primary for the north project, and Stewart Materials, LLC, Primary for the south project and Garcia Mining Company, LLC, tertiary. Vulcan Construction Materials, LLC, has confirmed they cannot provide the additional 4,500 TN per day for the south project, while Stewart Materials, Inc. has confirmed their ability to do so, giving rise to the following award recommendation by staff: Emergency Berm - North ProjectEmergency Berm - South Project Primary Contractor: Vulcan Construction Primary Contractor: Stewart Materials, LLC Materials, LLC Secondary Contractor: Stewart Secondary Contractor: Vulcan Construction Materials, LLC Tertiary Contractor: Garcia Materials, LLC Tertiary Contractor: Garcia Mining Company, LLC Mining Company, LLC This award recommendation will ensure the supply is purchased in the adequate timeframe and proactively avoids any delivery issues. Staff further requests as part of its approval that the Board exercise its reserved rights pursuant to Section Twelve: Reserved Rights, of the Collier County the Procurement Ordinance, which states: Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is -received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law. The foregoing Reserved Rights is also consistent with the Award Criteria in ITB No. 23-8076, which states, in part: "Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County[.]" Being the Secondary Vendor for the North project Stewart Materials, LLC, offered a reduced unit price from the Boar Hammock mine, should they Packet Pg. 122 02/28/2023 be called as Primary. FISCAL IMPACT: Funding for the aforementioned emergency berm project is available within TDC Beach Renourishment Fund (195), Hurricane Ian Project (50280). Funding for subsequent Tourist Development Tax eligible public beach renourishment projects will be budgeted annually within Fund (195). Grant reimbursement funding will be available through FEMA and the FDEP Cost Share program for the renourishment of the Vanderbilt, Park Shore, Naples, and South Marco Island beaches. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: The expenditure of a Not -to -Exceed amount of $24,000,000 for the construction of the emergency berm was approved by the Coastal Advisory Committee (CAC) on January 12, 2023 (8-0), by the Tourist Development Council (TDC) on January 23, 2023 (7-0), and the Board of County Commissioners (BCC) on January 24, 2023 (5-0) (Item No. 11.13.). Sand to be purchased under 23-8076 will be used to construct the emergency berm. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board award ITB No. 23-8076, "Beach Compatible Sand Supply for Emergency beach fill," to Vulcan Construction Materials, LLC, Stewart Materials, LLC, and Garcia Mining Company, LLC, as set forth above, authorize the Chairman to sign the attached Agreements, and make a finding that this item promotes tourism. Prepared by: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department ATTACHMENT(S) 1.23-8076Insurance _StewartMaterials (PDF) 2. 23-8076 WCInsurance_StewartMaterials (PDF) 3.23-8076 CAOVS_StewartMaterials (PDF) 4.23-8076Insurance _GarciaMining (PDF) 5.23-8076 CAOVS_GarciaMining(PDF) 6.23-8076 CAOVS Vulcan (PDF) 7.23-8076Insurance—Vulcan (PDF) Packet Pg. 123 11.B 02/28/2023 COLLIER COUNTY Board of County Commissioners Item Number: 11.13 Doc ID: 24409 Item Summary: Recommendation to award Invitation to Bid No. 23-8076, "Beach Compatible Sand Supply for Emergency beach fill," to Vulcan Construction Materials, LLC, Stewart Materials, LLC, and Garcia Mining Company, LLC, authorize the Chairman to sign the attached Agreements, and make a finding that this item promotes tourism. (Andrew Miller, P.E., Manager, Coastal Zone Management) Meeting Date: 02/28/2023 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Farron Bevard 01/17/2023 9:18 AM Submitted by: Title: Division Director - Capital Proi Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 01/17/2023 9:18 AM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 01/17/2023 2:08 PM Capital Project Planning, Impact Fees, and Program Management Jeanne Marcella Additional Reviewer Skipped 01/20/2023 10:04 AM Growth Management Department Jeanne Marcella Transportation Management Services Department Completed 02/15/2023 4:31 PM Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 02/22/2023 11:12 AM Growth Management Operations Support Brandy Otero Additional Reviewer Completed 02/22/2023 12:27 PM Growth Management Operations Support Tara Castillo Additional Reviewer Completed 02/22/2023 12:48 PM Growth Management Department Grants Procurement Services County Attorney's Office County Attorney's Office Office of Management and Budget Grants County Manager's Office Office of Management and Budget Jeanne Marcella Transportation Therese Stanley Level 2 Grants Review Sandra Herrera Additional Reviewer Scott Teach Level 2 Attorney Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Debra Windsor Level 3 OMB Gatekeeper Review Therese Stanley Additional Reviewer Ed Finn CMO Skipped Geoffrey Willig Additional Reviewer Completed 02/22/2023 12:49 PM Completed 02/22/2023 1:02 PM Completed 02/22/2023 1:27 PM Completed 02/22/2023 1:38 PM Completed 02/22/2023 1:44 PM Completed 02/22/2023 2:47 PM Completed 02/22/2023 2:59 PM 02/22/2023 5:00 PM Skipped 02/22/2023 5:03 PM Packet Pg. 124 02/28/2023 County Manager's Office Board of County Commissioners Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 02/22/2023 5:13 PM 02/28/2023 9:00 AM Packet Pg. 125 STEW N-02 113.1 '4coRo CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDD/YYYY)/13/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Office of America Abacoa Town Center 1200 University Blvd, Suite 200 Jupiter, FL 33458 CONTACT Patty Beck NAME,00 PHONE FAX (A/C, No, Ext): (407) 998-5507 15507 (A/C, No): (321) 214-6400 N ADDRESS: Patty. Beck@ioausa.com INSURERS AFFORDING COVERAGE NAIC # O Z INSURER A: Allied World Assurance Co U.S. Inc. 19489 op INSURED INSURER B : Travelers Indemnity Company 25658 ~ INSURER C : XL Specialty Insurance Company Stewart Materials, LLC Stewart Materials, LLC 2875 Jupiter Park Drive, Suite 1100 Jupiter, FL 33458 37885 31194 a m O O INSURER D: Travelers Casualty & Surety Company of America INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! 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 ADDL INSD SUBR W D POLICY NUMBER POLICY EFF MM DD YYYY POLICY EXP MM DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS -MADE X OCCUR X 03122471 2/10/2023 2/10/2024 DAMAGE TO RENTED PREMISES Ea occurrence 300,I $ MED EXP (Any oneperson) $ 25,1 PERSONAL & ADV INJURY $ 1,000,I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 X POLICY El PECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,1- EACH INCIDENT S $ 1,000,1 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1 OOO,I $ X BODILY INJURY Perperson) $ ANY AUTO 8103L5453662314G 2/10/2023 2/10/2024 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PIP $ 10,1 A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,1 X AGGREGATE $ EXCESS LIAB CLAIMS -MADE 03132713 2/10/2023 2/10/2024 DED X RETENTION $ 10,000 Aggregate $ 10,0001I W KERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Equipment Floater UM00024643MA23A 2/10/2023 2/10/2024 Leased & Rented 500,1 D ERISA 105575656 2/10/2021 2/10/2024 Coverage 1,000,1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Solicitation 23-8076 Leased & Rented Equipment Limit $500,000; Unscheduled $70,000 - Deductibles: Contractors Equipment scheduled $5,000 with a 3% subject to a minimum $25,000 for Dredges. Contractors Equipment unscheduled $5,000. Contractors Equipment leased or rented from others $5,000 except $10,000 for plants ani processing equipment and 3% subject to a minimum of $25,000 for dredges. Flood Deductible $3% subject to a minimum of $5,000. Earth Movement Deductible 3% subject to a minimum of $5,000. Windstorm & Hail Deductible 3% subject to a minimum of $5,000. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County SEE ATTACHED ACORD 101 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Collier County Board of Commissioners 3295 Tamiami Trail East Q ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 126 AGENCY CUSTOMER ID: STEWMIN-02 LOC #: 1 AFRO ADDITIONAL REMARKS SCHEDULE 11.B.1 Page 1 of AGENCY NAMED INSURED Insurance Office of America Stewart Materials, LLC Stewart Materials, LLC POLICY NUMBER 2875 Jupiter Park Drive, Suite 1100 EE PAGE 1 St pLucie FL 33458 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: are Additional Insured with respects to General Liability as required by written contract with regards to any and all work done for 0 County. * 30 day notice of cancellation, except 10 days for non payment of premium rn Q ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 127 A� CERTIFICATE OF LIABILITY INSURANCE DATE( 11.B.2 11/16/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject t< the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to tht certificate holder in lieu of such endorsement(s). ti PRODUCER CONTACT Tina GallagherNAME: o Browning Corporation PHONE (772) 465-8425x p/C No : (772) 465-7627x CO) LA/C. /C No Ext 100 Ave A E-MAIL tins@browningins.com ADDRESS: 0 Suite 1F PRODUCER Z Fort Pierce FL 32401 CUSTOMER ID M ! — INSURERS) AFFORDING COVERAGE NAIC # INSURED Stewart Materials LLC 2875 Jupiter Park Dr. Suite 1100 Jupiter FL 33458 INSURERA: American Interstate Insurance Company 31895 INSURER B : INSURER C INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE1:1 OCCUR EACH OCCURRENCE $ DAMAGE ( RENTED PREMISESS Ea occurrence)$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROECT LOC J PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N ❑ (Mandatoryin NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A AVWCFL3048002022 12/24/2022 12/24/2023 V WC STATU- V OTH- TCRY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000.00 E.L. DISEASE - EA EMPLOYEE $ 1,000,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) State of Florida BID 23-8076 BEACH COMPATIBLE SAND SUPPLY The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Naples, FL 34112 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Brett W Browning @ 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Packet Pg. 128 11.B.3 FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 23-8076 for "Beach Compatible Sand Supply for Emergency and Maintenance" THIS AGREEMENT, made and entered into on this day of 2023 , by and between STEWART MATERIALS, LLC , authorized to do business in the State of Florida, whose business address is 2875 Jupiter Park Drive, Suite 1100, Jupiter, FL 33458 _, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing [K upon the date of Board approval; or ❑ on 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 her designee, may, at her 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 her 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 ❑i Purchase Order 0 Netiee-te-Preeeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Reque-s -fsr-Rropesa{-(PF-P) I Invitation to Bid (ITB) ❑ Other ( ) # 23-8076 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Mtilt i-Contractor Agreement 2022_Ver.3 ti 0 M N Packet Pg. 129 11.B.3 31 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 o Procedures in effect at the time such services are authorized, Co M N 3.2 Al The procedure for obtaining Work under this Agreement is outlined in Exhibit A - z° Scope of Services attached hereto. 3,,3 ❑ The-pr-osedure-for-obtoira ng-Work-undekhis--Agreemont is--ou ed4n ❑ Qther Exhibit/Attaohmont: - -- 3-4 ❑ The-Gouty-roser-vex-the-r-igM to-speaify-in-oawh-Request for--Quota#+oRs74he-period of Gompletion; Go4le-Gtion-of-liquidated-dai�aage-s-ire--the--e-vent of-late-oornplotion,, and -the P�Ge-Methodology--seic ted4n-44- 4. THE AGREEMENT SUM, The County shall pay the Contractor for the performance of this Agreement based on Exhibit E- 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): ❑ L-ump-Suite-(F-ixed-PdGe): A firm-ftxed-totad-prise-offering-fer-a-project-the-risks-ar-e tr-ansferred-from-the-Gount-y-to-tho-contraotor, aad a-oo-a-busines&-praattee-there-are-no how rly-or-ma-ter-ial-ipvoieesss--presorted; -rather; the-oontr-actor-►rust--pe-rforrnto the satisfa-otioon-of✓t-he-Goen-ty'e-projeet-manager-before-payment-for the-#i-x-ed-pr-ise�ontraet is -authorized-- ❑ Time-and-Materials�-T-he--Gounty-ag%ee&-to-pay-the-contractor-for-the amount-otlabor tim ,pent-by-tho-eont-r-a4,tor's-empk>y4a -and-suboontrastor-,to-perform-the-wod<-�umber o-hour"-me,&-hot+rly-rato)-,-arad-for-materials-and-ego+pment-used-in-the--projeot-(oesto# rnater-ials--plus-the sorat4:aotor-!p,marktrp-yzPw-met-hodology4-s-genera4Fy-used4 projects -in wiaioh-it-ie-not-possible-to-aoouratel-y-estimate-the-size-ofthe-projeet-or-wben it-is-e-xpo6ted that -the -project requirements-would-most4il%ly-ehango--As-a-generat-business-preot ee these-Gont-raotrAnslude-bad4 -- p-dosumer}tatio►a-of-oosts;-invoi6es-weuld-4nc4ude-number of hours-worlFed-and-bill+ng-rate-by-position- nd-not-sumpanHor-subooRtr-aetor-) timeis-eeping-of-payWt4eoorda) aaterial-or-equipmentinvoiGes,-and-other-reinibur-ale deeumentatio n-for-the-project ❑■ 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). Page 2 of 17 fixed "Perm Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 130 11.B.3 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). ti 4.3 Payments will be made for services furnished, delivered, and accepted, upon o receipt and approval of invoices submitted on the date of services or within six (6) months N after completion of the Agreement. Any untimely submission of invoices beyond the o specified deadline period is subject to non-payment under the legal doctrine of "laches" Z as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 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. 4-.5 ❑ (Ghesk-if-applicable)T vel-a-nd-EieimbuT--€gable-E-,v-pensel; T+avea nd R-eimbuf- able-E- pep,seG-rRust-be-appr-aved-in-adva-nee-ire-writing-by-t-he-Getmt—Tr-a-vel e-xpen-ses-shall-be-reimbur,ed-)-,per-Sest on-4--1 <'7-064-Fia-Sta#&- Reinibw--sements-shall-be at thng--rater.,: Mileage $0-44:-6- er--rnile Break azt $6-00 Ltw, h Din-ner $4 00 Airfare Aotu- -t-i-c-ket-Gout-limited-to-tourist-or-ce e4 Glass -fare Rentakea-r Aetu-al--rental—Cost---4"ted—te--eornpae"r- standard--&izo vehiole,,,,, Lodging AGtuakGes#--oftedging-at- i gle-eGsupa-nGy-rate with -a -Gap -oLno-moo-e4-han-$A-b0-0 er-ni lit lear--lain AGtua --Gent-of- - arkin T-axi-or-Air ort-Lir-Get+sine AGtual-Gest-aloe+Mier-taxkGr air oft- mousine Reinibumble iternsether4ftn +-�,a e,-expenses-shall-be-lirnited-te the #$llowit�g=tole hono long-diDtame-oharge�fax ehargec,,-,-phe ooepying-Ghor-ge�a-nd-postage.-Reimbu%able itef will-be-paid-only--after-GeRtraGtof-has-pr"ded-a4kreeelpts—GontraGtor-shall-be responGi-ble-for-all-other-Gests-a-nd--e-xpen-se�-�eGia-ted-with-a-etMes-and-oelisitatiens tlndertal<en-purr-scant-te-tliis Agreement - 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. Page 3 of 17 Pixed'I'enn Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 131 11.B.3 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: STEWART MATERIALS, LLC Address: 2875 Jupiter Park Drive, Suite 1100 Jupiter, FL 33458 Authorized Agent: Nick Stewart, Manager Attention Name & Title: Amanda Stewart, Director of Sales and Customer Relations Telephone: (561) 972-4517 E-Mail(s): Amanda@StewartMaterials.COM 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 Director: Division Name: Address: Beth Johnssen Capital Project Planning/Impact Fees/Program Management 2685 Horseshoe Drive S Naples, FL 34104 Administrative Agent/PM: Andrew Miller, Manager - Coastal Zone Program Telephone: (239) 252-2922 E-Mail(s): Andrew.Miller@CollierCountyFL.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. Page 4 of 17 Fixed Term Service Multi•ContractorAgreement 2022_Ver.3 ti 0 M N Packet Pg. 132 11.B.3 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 o ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect �o or hereafter enacted or adopted. In the event of such violation by the Contractor or if the N County or its authorized representative shall deem any conduct on the part of the z° Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail 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 m the violation is cured. The Contractor further agrees not to commence operation during r the suspension period until the violation has been corrected to the satisfaction of the o 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 the sole judge of 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. FW Commercial General Liability: Coverage shall have minimum limits of $1000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project, This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. R 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. no 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. Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 133 11.B.3 & ❑ Rrofe&siGnal-6iabiUty4--Shawl-be maintained-by-the-6ervtraeter -G-ens fe4te-4egal haf3iii f6t-c4eiffl&-af4si-ng--out-Gf 4h der-for-ma-n e-G"Fefessiona"e vices-k: nde-i-4his Ag-reement. 6t9F wai>fes-itS Fl li e#-Fe68�f21y-&�eFhlst-�v9�FFity�'v-tA-c�nj%61nIf;}}s-l�iiGieF o this-ineu-Far}ee,---Sueh4nsuFanee—,he-h"e-k--,Rite-e#-Ftiet-less-than Q eaeh 00 elaim-an-agg-regafe: N E ❑ GNber-NabiNtyiGaverage-6hall4a-ve4:p+ imun+4+n f$ Per-Gla M O Z m H F- ❑ :-GGveraCge sh-all-ha-ve-rr�infrau�t-I+Fnft6-ol-$ per-sia+n�- m O r G- ❑-GeveFage o shall �Af imfts-ef per-Gl m- r ❑ � GO�feF,�e c 5"1-have-MINt tFn-I+ i af,I$ „eF_r4a 3 Special Requirements; Collier County Board of County Commissioners, OR, Board of c 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 o 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 E endorsed accordingly. 0 Current, valid insurance policies meeting the requirement herein identified shall be a� maintained by Contractor during the duration of this Agreement. The Contractor shall o 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 N 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 3 shall relieve Contractor of this requirement to provide notice. aD 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 Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2022—Ver.3 Packet Pg. 134 11.B.3 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. o 00 This section does not pertain to any incident arising from the sole negligence of Collier N County. o 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 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 Capital Project Planning/Impact Fees/Program Management 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), FE] Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ R€R/ X ITB/❑ Other #23-8076 , including Exhibits, Attachments and Addenda/Addendum, ❑ e-ubeequent and 0 Other Exhibit/Attachment: Grant Provisions and Assurances 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 III, 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, Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 135 11.B.3 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, ti 20, COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the CD Contractor is formally acknowledging without exception or stipulation that it agrees to N comply, at its own expense, with all federal, state and local laws, codes, statutes, z6 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, as well as the requirements set forth in Florida Statutes, §448.096; taxation, m workers' compensation, equal employment and safety including, but not limited to, the r Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law o Chapter 119, if applicable, including specifically those contractual requirements 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: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordReguest ,collierc©untyfl.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 Page 8 of 17 Fixed Term service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 136 11.B.3 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. ti 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 N information technology systems of the public agency, d 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. 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 properly 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; (f) 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23- ❑ tor-agFees4o-keep-the-Rre}eGt-&qf,-Glean -,it-lt4m4e&-O-debris; fubbish--a+Rd--waste-materiats-arming-out-of they/a r-k-. -At thepl" n-ef4#e-WGFk Gemactor-shall-re ove-all-debris; rubbish -and -waste -matey als-fro++-and-a-bout4he-Rr-ejeet site; as weN-as It tGels appiianGes-GGr�struG#+Gn-equipment-and--rnaehnery-and-suFplus t�ateriats; and-skFaii-leave-t�e-Rr-ajeGt-site-slain- Page 9 of 17 Fixed Tenn Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 137 11.B.3 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 o shall supply competent employees who are physically capable of performing their Co employment duties, The County may require the Contractor to remove an employee it N deems careless, incompetent, insubordinate or otherwise objectionable and whose z° continued employment on Collier County projects is not in the best interest of the County. 25, FE-1 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose 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 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 Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, 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 warranties to which the County is entitled as a matter of law. ❑ TES-TS-AND-INSP€GTIONS-1#-the-Goptr-ast-Dosur-eat-s-or--any-code , iamtp ordlnances; rules,-opregula#ions-of-any-publ+o-auther-i-ty-having juriodiotion-over-tho Rwojeet requires-any-pertfan-sf-the-Wofk-te-be--spesifioally---inepe6ted tested--er approved Gen#-r-aotor shhall- 6,&ume-full-responslbili y4herefe "ay-all-tests--ire-eonneetion-therewith and-#urnish4e the-Gaunty-the-refit+fired-cent c,ates-GPnspeotion testing-or-approval=All ii&peetions t-testa-or-apprGvais--sha4-be-per€ormed-in annex-and-by-organizate% aoeeptable4e-the-Geunty- 2--�- ❑ MOTE-C_T4®N-Ola-W4RK- A—Gontractor-s-haN-€ully-protect-the-OJerl4-frem-less-o-r-darnage-and-e.,ha"ea-r-tie-eest o#-any-such-4o6a-er-d n age-44n#il-filial-payment-hae-been-made-4-Gentraster-or anyone -fey whom-Gents-etor-is-legegy4able-is-responsible-for-any-los"r-darn-age to--the-Wark,T or_ -other worm -or materiats--o# -the--Gounty-or-Goa-nty &---separate oentractOr-,, Gent-raoter-shall-be-oharged-vvith-t€ie-eame ,and-any-r-aoRi€-&-neeessary to-replaee--eueh-loss-or-damage-ehall-be-deducted--fror-n--any--amount due --to Gontractor; Page 10 or 17 Fixed ,rerm Service Mu Iti•Contractor Agreement 2022_Ver.3 Packet Pg. 138 11.B.3 �—Geri#�aste�-ssk�ali-est-isad-eer-per-+�it-any-past--et;-any-strust�r-e-is-be-leaded-its-a�a� n anner-thatange -the-struGkwenner-shaN-Gen#aeter-sAeGt-�aFt of the WGrk-er-ad{asent-pr-eperty-to-stresses-er-pre„�.su;es t"at-wlN-endanger-it- 0 ao G, Gen# -astar-snail-riG"i&twb-a enehmat 1,established-by-tbe-Gounty-wispeGt N to4he-RrojeGt—l-f-Gontrastof,,- o�ubew*-aeters; agent--or-an, e;-for-where c Gontraeter ' ' ble ddi-t-urbs-the-Gounty=s-benehmark&�-GoRtraeter-,ha-ll z lrnr-nedia#ely-nst+#y-the-Gounty--4he-Geunty-hall-re-establ+sh-the-ber,oh aa*s-and Gentraeter-shall-be4iabie-fsr-all-cost-e,4oG Fred•-by-the-Gsur>ty-assooiated4hefewith- a 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 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. ADDITIONAL ITEMS/SERVICES. 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 Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Vcr.3 Packet Pg. 139 11.B.3 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ti 34. ❑ KE-Y--RE-R-SON NE-L T-he-GontraGtor s-personnel--and-management-to-be-u- fiLzed-€or this-prajeGt-s�ikbe-know4edgeable-in-their-ar-ea,of-exper-tire=T-he-G"Rty-reserves-the N right-to-per-forr m-investigatiens-as•-may-be-deemed--neGessar-y-to-ensure-t-ha-t-GerApetent Z persons-will-be-atiti-zed-+n-the-performance-of-the-Ag-reement-The-Gontr-aotor Thal! -assign m as -many -people -ace neGessary-tO-Gomplete-the-services-on-a-flmely-basir.-rand-each-person assigned-shall-be-evailable-for-aa-amount-of-time-adequate-te-meet-the-required-service � dates�he-GontraGtor--sk4all-not-Ghango"ey-Por-gonnel-unle-s&Ahe-following-conditions-a-re 'm metes r-oposed--replaoer-nonts-have-substantially-the-eame-or bette"uat iGatiens r and/o%ex-perAenoe- (z7-)-that-the-Gounty-i&-no ied-ln-writing-as4ar-in-advanee-as-possible o T-he-Contra-Gtor--s,hall MN<-e-Gomme4:c- y-r-easonable-efforts- -o--notify-Collier Goa rnty-within seven-g-)-day-S-oMe-Change: The-County-r-otahs-fin-al-approvel-o#-proposed-replacement personnel; r- 0 AGREEMENT 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. ❑ ORDE-R-OF-RlR-E--GE-D€NQE- 4ri-then e-f-apy-GonfliGt-between oraniong4he-terms @f-any-@f-tbe-G@ntr-act--0OGur-neeta; tkie-terr�e-of-sellGitatiOn; tl3e-G©ntreGter's-Rr-opesal; ara�lfor�lae��rnty's-Boarpproved--E�eGutive�u�ma ry;-the�ontreot-DoGunaer+t€,-Gfaall take p-r-eGedenGe 0 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or 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 Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 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, it 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 Page 12 of 17 T'ixed'renn Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 140 11.B.3 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 o records, including a state and FBI fingerprint check, credit reports, education, residence �o and employment verifications and other related records. Contractor shall be required to N maintain records on each employee and make them available to the County for at least d four (4) years. All of Contractor's employees and subcontractors must wear Collier County Z 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 m period in which their background check is valid, as discussed below. All technicians shall r have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@col lie rgov,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. 0 SAFETY, All Contractors and subcontractors performing service for Collier County are required and shall comply with 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. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 141 11.B.3 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST; Crystal K, Klnzel, Clerk of the Circuit Court and Comptroller 0 Dated; (SEAL) Contractor's Witnesses: Con Ractor's First Witness �rftractor's Second Witnefs Type/print witness name's Approved as to Form and Legality; County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By; Rick LoCastro , Chairman STEWART MATERIALS, LLC Contractor DBA By: /Iscgngtur��C TType/'prirint signature and tiliet Page 14 of 17 +' fixed Twai Sarvlea MullbConlraalor Agreomonr 2022_Vcr.9 Packet Pg. 142 11.B.3 FO-1 following this page (pages ❑ this exhibit is not applicable Exhibit A Scope of Services o through ) N Page 15 of 17 Pixed'I'enn Service Multi -Contractor Agreement 2022_Ver.3 - 0��Ij - Packet Pg. 143 11.B.3 Invitation to Bid (ITB) "Beach Compatible Sand Supply for Emergency and Maintenance" EXHIBIT A co SCOPE OF SERVICES ti 0 0 M N Background The County currently has three permits approved for upland sand sources: Stewart's Immokalee mine, Vulcan's Witherspoon mine, and CEMEX's Lake Wales mine. It is assumed that the sand will have up to a 5% moisture content, leading to a relationship of 1.5 tons/cubic yards for sand delivery from the pit. The supplied sand must meet the requirements of the County's existing 15- year Beach Nourishment permits as well as the County's technical sand specifications. Scope of Worlc The awarded Contractor(s) agrees to supply beach compatible sand for emergency re -nourishment projects of the County's beaches. Quantities of sand needed will vary project to project depending on current beach conditions. Emergency re-nourishments may require larger quantities up to or exceeding 1 million cubic yards for a single project. The intended plan is to perform emergency truck haul renourishments as needed after storms or other events causing major erosion of the County's beaches, with sand being purchased by the County directly from the supplying sand mine. A separate contractor will be responsible for pick-up, delivery, and placement of fill material for each maintenance project. This approach will be advantageous to the County by ensuring that material is available and ready to meet emergency project needs. Emergency Projects: The County has declared a certified public emergency for the construction of a sand berm along eligible Collier County beaches for the protection of upland structures left vulnerable by Hurricane Ian, and from the danger of tropical storms during the upcoming 2023 hurricane season, and beyond. These emergency projects are divided into the North and South projects. The services provided throughout this Agreement shall be awarded on a Primary/Secondary/Tertiary basis as follows: Emergency Berm — North Project Emer enc Berm— South Project Primary Contractor: Vulcan Construction Materials, LLC Primary Contractor: Stewart Materials, LLC Secondary Contractor: Stewart Materials, LLC Secondary Contractor: Vulcan Construction Materials, Tertiary Contractor: Garcia Mining Company, LLC LLC Tertiary Contractor: Garcia Mining Company, LLC Page 1 of 1 Exhibit A — Scope of Services Packet Pg. 144 11.B.3 Exhibit B Fee Schedule following this page (pages 1 through ) Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 ti 0 M N Packet Pg. 145 11.B.3 Invitation to Bid (ITB) #23-8076 "Beach Compatible Sand Supply for Emergency and Maintenance" ti 0 EXHIBIT B M N FEE SCHEDULE STEWART MATERIALS, LLC Line Description Unit Price 1 Price of Sand Per Ton: $11.85 Price of Sand Per Ton (Mine Located at Boar Hammock $8.85 Division): North Project Emergency Berm — North Project Emergency Berm — South Project Primary Contractor: Vulcan Construction Primary Contractor: Stewart Materials, LLC Materials, LLC Secondary Contractor: Vulcan Construction Secondary Contractor: Stewart Materials, Materials, LLC LLC Tertiary Contractor: Garcia Mining Tertiary Contractor: Garcia Mining Company, LLC Company, LLC Page 1 of 1 Exhibit B — Fee Schedule Packet Pg. 146 11.B.3 Other Exhibit/Attachment ti 0 Grant Provisions and Assurances N Description; z° Q following this page (pages through 3 ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2022_Ver.3 Packet Pg. 147 11.B.3 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE Solicitation 23.8076 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern, This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200,23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (1) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (11) the subcontractor is bound by all applicable state and Federal laws and regulations, and (111) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives, o 2 C,F,R, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 at seq„ and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I. 1 12/16/2022 3:38 PM P. 92 Packet Pg. 148 11.B.3 Colller County Sollcitallon 23.8076 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES c Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency N Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which Z are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means In whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to ~ provide the FEMA Administrator or his authorized representatives' access to construction or other work 'a sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the m Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in r this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller r_ General of the United States. Affirmative Socioeconomic Steps If subcontracts are to be let, the prime contractor Is required to take all necessary steps identified in 2 C.F.R. § 200,321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval, The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements 200,322 As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award, For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States, "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall Include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced In the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and Is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I -2 12/16/2022 3:38 PM p, 83 f, Packet Pg. 149 11.B.3 Collier County Solicitation 23.8076 EXHIBIT I co FEDERAL CONTRACT PROVISIONS AND ASSURANCES r` 0 Prohibition on Covered Telecommunications Equipment or Services M N (a) Definitions. As used In this clause, the terms backhaul; covered foreign country; covered 0 telecommunications equipment or services; interconnection arrangements; roaming; substantial or component; and telecommunications equipment or services have the meaning as defined in essential FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications ca Equipment or Services As used in this clause -- �- (b) Prohibitions. m 0 (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub, L. r No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, g from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain o telecommunications products or from certain entities for national security reasons. > (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency 3 Management Agency to; ra (i) Procure or obtain any equipment, system, or service that uses covered telecommunications 0 equipment or services as a substantial or essential component of any system, or as critical technology o of any system; (il) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that a uses covered telecommunications equipment or services as a substantial or essential component of m any system, or as critical technology of any system; E (III) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment o or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a c substantial or essential component of any system, or as critical technology as part of any system. N (c) Exceptions, .. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of i a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications m equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to; (i). Covered ra telecommunications equipment or services that; i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii), Other telecommunications Cl) equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. Q U (1) In the event the contractor identifies covered telecommunications equipment or services used as a m c substantial or essential component of any system, or as critical technology as part of any system, during ao contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other N source, the contractor shall report the Information in paragraph (d)(2) of this clause to the recipient or .j subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following Information pursuant to paragraph (d)(1) of this clause; (1) Within one business day from the date of such identification or notification; The contract number; the order U number(s), if applicable; supplier name; supplier unique entity Identifier (if known); supplier Commercial r Q and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 12110/2022 3:38 PM P' 94 Packet Pg. 150 11.B.3 Collier Counly Solleltatron 23.8076 EXHIBIT I co FEDERAL CONTRACT PROVISIONS AND ASSURANCES r` 0 number, manufacturer part number, or wholesaler number); item description; and any readily available N information about mitigation actions undertaken or recommended, (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause; Any further available Information about mitigation Z actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to m prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be Incorporated to prevent future use or submission of covered telecommunications equipment or Z services. m (e) Subcontracts. The Contractor shall Insert the substance of this clause, including this paragraph(e), in $ all subcontracts and other contractual Instruments. o Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges r that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the > contractor's actions pertaining to this contract. S Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance L 3 Funding ra Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt, 180 0 and 2 C.F.R. pt, 3000. As such the contractor Is required to verify that none of the contractor, its principals 0 (defined at 2 C,F,R. § 180.995), or Its affiliates (defined at 2 C.F.R. § 180,905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.936). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with m these regulations in any lower tier covered transaction it enters Into, (3) This certification Is a material E representation of fact relied upon by the County. If it is later determined that the contractor did not comply 0 with 2 C.F.R. pt, 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension Z and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R, pt. 180, subpart C and 2 C.F.R. pt, 3000, subpart C while this offer is valid and throughout the period of -any contract c that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such v compliance in its lower tier covered transactions. V Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, N the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated Items, is available at EPA's Comprehensive Procurement Guidelines webpage: 3 https://www.epe,gov/smm/comprehensive- procurement-guideline-cpg-program, a� (n The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid O Waste Disposal Act, Q Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions r*- 0 Byrd Anti -Lobbying Amendment (31 U.S,C. § 1362 (as amended) (over $100,000): Contractors who M apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer m a) or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U,S.C. § 1352, Each tier shall also disclose any U lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such r Q disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 12/16/2022 3:38 PM p. 95 Packet Pg. 151 11.B.3 Collier County Solicitation 23.8076 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES r` 0 0 M Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. N See Certifications and Assurances and the end of this document. z Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that Involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), (1) Overtime requirements, No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any Such laborer or mechanic in any workweek in which he or she is employed on such work to work In excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages, Such liquidated damages shall be computed with respect to each individual laborer or mechanic, Including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages, The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts, The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5,1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for Inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 12/16/2022 3:38 PM P. 86 Packet Pg. 152 11.B.3 Golller County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Solldtallon 23.8076 Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U,S,C, § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to Include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA, Federal Water Pollution Control Act (over $160,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations Issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S,C, 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3, The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed In whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of It, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction, CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60.1,4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must Include the equal opportunity clause provided under 41 C.F.R. § 60-1.4, During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin, The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin, Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees, placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender Identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant, This provision shall not apply to Instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure Is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, Including an Investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 12116/2022 3:38 PM rn 0 v m 0 00 M N r c m E U ra Q p. 97 Packet Pg. 153 11.B.3 Collier County Solicitation 23-8076 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice In conspicuous places available to employees and applicants for employment, (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) in the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as provided In Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law, (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor, The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that In the event a contractor becomes Involved In, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States, Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 1211612022 3:38 PM 0 M N C d E M V fC r Q P. 98 Packet Pg. 154 11.B.3 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES STATE OF FLORIDA PROVISIONS DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSITANCE PROGRAM Sollcitatlon 23.8076 Applicable Laws - The County and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements, The County shall include this provision in all contracts issued. Data Collection: The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below, All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at; Pro ect Monilorbia (floridadep;apv) In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287,057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Florida Department of Environmental Protection/County/permittee/engineering consultant. The County's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the County's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post -construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other Information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes, Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Local Preference: Pursuant to Section 255,0991, F,S, local vendor preference is not applicable Physical Access and Inspection: Grantor personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: I. The County shall provide access to any location or facility on which County Is performing work, or storing or staging equipment, materials or documents. li. The County shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, Ill. The County shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement, Record Retention: A. The contractor shall maintain and retain sufficient records demonstrating Its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is EXHIBIT I - 8 12/16/2022 3:38 PM P. 99 Packet Pg. 155 11.B.3 Collier County Solicitation 23.8076 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES c made and shall allow the County, the State, or its authorized representatives access to such records for M audit purposes upon request. N 6 Statutory Notices Relating to Unauthorized Employment: The County shall consider the Z employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration m and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be = cause for unilateral cancellation of this Agreement 'a m Statutory Notices Relating to Subcontracts: Pursuant to Sections 287,133 and 287,134, F.S., the r following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor r_ list; 0 I. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or c reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity In excess c of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period +' of 36 months following the date of being placed on the convicted vendor list. o it. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or M services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, E proposals, or replies on leases of real property to a public entity; may not be awarded or E perform work as a contractor, supplier, subcontractor, or consultant under a contract with any 0 public entity; and may not transact business with any public entity. M. Notification, The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list CD the life of the Agreement. The Florida Department of Management Services is CD responsible for maintaining the discriminatory vendor list and posts the list on its website, Questions regarding the discriminatory vendor list may be directed to the Florida Department N of Management Services, Office of Supplier Diversity, at (850) 487-0915. T �a L d C� �C+ L 3 a� r rn O Q U m n 0 M N r Q EXHIBIT I.9 12/1612022 3:38 PM p. 1 OD Packet Pg. 156 11.B.3 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification Solicitation 23.8076 This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives, If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval, The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (ill) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name STEWART MATERIALS, LLC Date t• AAuthorized Signature t-ai Amanda N. Stewart, Director of Sales and Customer Relations EXHIBIT I -10 12/16/2022 3:38 PM Packet Pg. 157 11.B.3 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions Solicitation 23-8076 (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor Its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR STEWART MATERIALS, LLC By; Amanda N, Stewart, Director of Sales and Customer Relations Name and Title 2875 Jupiter Park Drive, Suite 1100 Street Address Jupiter, Florida 33458 City, State, Zip Unique Entity Identifier (for SAM.gov verification) Sub -Recipient Name: DEM Contract Number; FEMA Project Number; 12/16/2022 3:38 PM Collier County Board of County Commissioners TBD IMie EXHIBIT I - it p, 102 Packet Pg. 158 11.B.3 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Solicitation 23.8076 COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION .51-ATEMENT Status will be v'etieed Unyerifable statuses'Mll require the PRIME to either prerade a revised statement or provide source documentation that validates a status, I _ A. PRIME VENDOR/CONTRACTOR.INF6111MAT10N PAINIE NAME PRIME FEID NUMBER CONT"cT DOLLAR AMOUM Stewart Materials, LLC 65-0649938 151HE PRIME. FLORIDA-CEPTIFIED MADVAWAGED. VETERAN Y Q 1, THEAC7IV'IT( OF THIS CONTRACT.. PAINORFTi OP WOMEN BUSIlMSEHTEPPR15V DBE? N C(1 CONSTRUCTIAN 7 Y IJ ;DB IAKV,BEI OP. WNELSMALLDISADV'Ah74ileD BUSMESSSA CEPIIFICATION FROM. THESMALL MINES, low N. ® CONSULTAT,0147 Y iJ ADMINISTRATIOfN A5ERV'ICEDISABLEOVETERAIII WDE? Y ® OTHER? v IJ SOB BA? Y OJ IS TH!55UBfAiWC1N A REVISION?l Y 0 IF YE5. REV SION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPEJER WHO IS A DISADVANTAGED MINORITY, WOMEN:OWNED, S1vMALL: BUSINESS ONCE RN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS.NEXT SECTION ; . DBE MIWBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS I I TOTAL C: SECTION TO BE COMPLETED BY:PRIME VENDOR/CONTRACTOR NAME OF SUMIMER DATE TITLE OF SUBMITTER _ Amanda N. Stewart Director of Sales and Customer Relations MAIL ADDRE55 OF PntMC fSUDMrTTER) T[tLP11O C NU , OER FAX NUMOER AMANDA@STEWARTMATERIALS,COM (561) 972-4517 (772) 465.9524 NOTE: This Information is used to track and report antltipated DBE or MBE participation in federally -funded contracts. The antidpated DBE or MBE amount Is Voluntary and %will not become part of the contractual terms. This form mtut he submitted at time of response to a solicitation. t and vrhen alvarded a county contrail, the prime will be asked to update the Information for the grant compliance files, I - � kT1iN(S.17t1 � CO E`F.r (Mack American BA HlspanlcAmerican HA Native American NA Subcont. Asian American 5AA Asian-PadncAmerican APA Non-minocityYmmon NIAW other: not of any other group listedi 0 0. SECTION TO BE COMPLETED BY COLLIER :COUNTY DEPARTMENT NAME GRANT PROGRAIA/CONTRACT ACCEPTED BY: DATE EXHIBIT I -12 12/16/2022 3:38 PM Packet Pg. 159 11.B.3 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION ITo be submitted with each bid or offer exceeding $100,0001 The undersigned [Contractor] certifies, to the best of his or her knowledge, that: Solicitation 23.8076 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with Its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (Including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction Imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995), Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of Its certification and disclosure, if any, In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. STEWART MATERIALS, LLC Contractor (Firm Name) 6, — f1% " C�o . I &1-00A i nature of Contractor's Authorized -Official Amanda N. Stewart, Director of Sales and Customer Relations Name and Title of Contractor's Authorized Official D to EXHIBIT 1-13 12/1612022 3:38 PM rn 0 v N m O M N C d E t V rC r Q 104 Packet Pg. 160 GARCM-1 11.B.4 OP ID: MK ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)02/09/2023 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 772-286-4334 Stuart Insurance 3070 S W Mapp Palm Cityy, FL 34990 Patrick McGlon CONAME:NTA CT Margaret Kiess PHONE 772-286-4334 FAX 772-286-9389 A/C, No, Ext : A/C, No aooRlEss: mkl@SS@stuartinsurance.net INSURERS AFFORDING COVERAGE NAIC # INSURERA:FCCI Insurance Group 10178 NSUF3ED (arcia Mining Company LLC 3333-24 Virginia Beach 6Ivd. Virginia Beach, VA 23452 INSURERS: Monroe Guaranty Insurance Co 32506 INSURERC: INSURER D INSURER E : INSURER F : COVERAGES GERTIEIOATE NUMBER- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ❑X OCCUR X GL10006071501 09/01/2022 09/01/2023 occurrence)PREMISES(E. $ 100,000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PE� LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Emp Ben. 1,000,000 A AUTOMOBILE LIABILITY Ea a.,de"tBIIND SINGLE LIMIT $ 1,000,000 BODILY INJURY Per person)$ X ANY AUTO X CA10006071701 09/01/2022 09/01/2023 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOOS ONLY AUTOS SSWN AiJT O� ONLY AUTOS ONEY PROPERTY DAMAGE Per., dent $ A X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE UMB10006072001 09/01/2022 09/01/2023 M AGGREGATE $ 5,000,000 DED I X I RETENTION $ 10000 $ 1 1 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) N/A WC010006071801 09/01/2022 09/01/2023 PER - X STATUE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below A Inland Marine CM10007246600 09/01/2022 09/01/2023 Rented Eq 600,000 CAT LIMIT 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project #23-8076 "Beach Compatible Sand Supply for Emergencyy and Maintenance Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR,Collier County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies ( see page 2) COLLCA Collier County Board of County Commisioners 3296 Tamiami Trail East Naples, FL 33962 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 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 161 11.B.4 CO ti O O Cl) N C d E t u cc Q Packet Pg. 162 11.B.5 FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT It 23-8076 for "coach Compatible Sand Supply for Ernargency and Mnfnlenance° THIS AGREEMENT, made and entered Into on this day of 20 23 by and between GARCIA DINING COMPANY L.LC , authorized to do business In the State of Florida, whose business address Is 3333-24 Vlglnla Beach Blvd., Virginla Beach, VA 23452 _ , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"), WIT NESSETH: AGREEMENT TERM. The Agreement shall be for a three — (� } year period, commencing [07 upon the date of Board approval; or ❑ on 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 Iwo (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 her designee, may, at her 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 her 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 no Purchase Order ❑ Notice-to-Preoeed, 3, STATEMENT OF WORK. The Contractor shall provide services In accordance with the terms and conditions of ❑ bequest for Propesal-(F F EVE Invitation to Bid (ITS) [j inciudincd all Attachment(s), Exhibil(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. E The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. I',tgc � Sri' 17 I-ked dorm Survica Mulii-ConlnmlarAgmincnt 2022_Vcr,d Packet Pg. 163 11.B.5 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. 32 [NJ- The procedure for obtalning Work under this Agreement is outlined In Exhibit A - Scope of Services attached hereto, 3 ❑-T-he--pr-ioedure--fo"btaining-WorIK-. ender-this-Agreernen�-i6-outlined-ir+ ❑ Other 34{ Tie-Countc�r�+es tine -right ko-spealF Ir�aah-Runt fer Quotetionsr#ha period a eerrapldtiora;-cells kivn-of-liquids#ed-darr�ages-Iwo the event o la#e-eort+plekior, er+d4he f�rise-Ytlletiaodolegy-selvatec�-Irt-�1� THE AGREEMENT SU . The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4A- Payment will be made upon receipt of a proper Invoice and upon approval by the County's Contract Administrative Agent/Project Managerr and in compliance with Chapter 218, Fla. 5tats,, otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected bellow): i�ump�Sum-�xacf-Rri;;e)�-P�•flrr•�i�c�ti-total-p�ioe-o#erit�g-•for•-project; the�riai�s-•afe tra•n�fer-r�a�t-frern-E:he'-Coti�nty-to-E�ie�sor�t�aotar�r�d�c-e-i�ual neon-praetiec-�-#kyere-�o-r�o hour4y-or--rriater}al�lnvelses--presew�ted—r Ithe�4Ne-c�antr a#or nust-pe r +- Ee-the Isfat�tior-o€-#he-6ou#ypJest-tar►ager be€arpaymefof-tfa f�x�d paysowt et i&4uthorized- Q=Fimo-a�rt-nliaterlal�Fhq�Coun#y-ag��es-tv�pay-#I�e-co�s#ar-for the�rnaer�tef-tabor~ #+rno-spar�t Icy-tl�e-son#roet�'�-en-+ployear�lad-s�baantraate�-ta-per-€orn�-thc�-wrrriureber o#` hog,re-tl�e�-i7o�arly--ratej-anc#�Fvr�aator�ats-sand-e�+�ipt�er�t-weed-io-tl�e-pr�jeet�(•ao�t�€ r�leterial�plus-lhc�-sot3#ra+�tsr'�riaar�up•�hl�-ire#hodoloc,�y->s-genetatly,�ir�ad-+rr-projaet�lrl +r�hish-itfs-waof-psryaible-tv�esu�toly-eetin�ato-tine-stye-sf 1:}�e-project; ar:•wlier�-it-Is-e�tpeated #het-i�ie-proJe4t"r�quirer�ei�t�-would�rnoet-tiro•ly-ehar�c}e--Agenoral-bur�anassrp{�ot+eo; #f ese-eonkr�et lnotude�k7ask des+ame�ka#ian-of ao s Javoiees-weuld--inolijd"44mbep o� laewrs--u�r•4�c�-arret-i�iilir�g-rate-ley-pn�l#iar�-(and--pet-sor�paity--(��-s�baeetf:ao#o�} timekeeping-er-payr-oll-reoef-dS,); material--or--og-ipment Involees arid -ether lmbur €able dverrrr��an#�#lor•�-fer�kre-prof sot,. [7 unit Price; The County agrees to pay a firm total fixed price (lncluslve of all costs, Including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (Le, 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). Nina 2 a r l 7 Pised Turin Scrota NW116con[r,iclor ArveellCnl 2022_Vcr.3 r(�'� , '. Packet Pg. 164 11.B.5 4.2 Any County agency may obtain services under this Agreement, provided sufficlent fur►cis 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 Linder 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. 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 clalm with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 44 d (cheek-}f-apptivable�-'naval--grid-Raimbur- ab#e--E-*pen$ewr Tavel -and Rol robumable-E-xpenses-r-mast-bey-ppreved in-advanse-ire wrl#iiag-by-t:h"oor4ty. Tavel eenses she#1 he �elFlabured-es-par-estlo►�1�?0$Pla-fitot Relrlab��sar�ents-shall-be-at too-#o#io�r�-ir�g--rate; Mileage - ${� 44G er mile �realE#as1; �1�6� -PImaeF Ai4we Mtua}--tloket-east•-limited-#o-40uNs-er-scash elan&4a-e Ref taWaF Aetual---•r4E�Ptal—Geat-41Mited-40—GompaGt—OF eta nda rel-•ei� e-vehi sl t�s Astt�alees#-of-lodgl�ag� single-esc�+paPy-ate w}t#�-e-ea}�-af-no-��►eKe-lh�n-$�-�#iA:904 eF-r�I • it Ledgix�g � r-Pa7d In Aatual-cast-of-parlFir�g ��c��r-l�i��pe�t-4=il�euel+ata AstNalst-+�€-ettl�er-taxi-of-a#r• or-�Ilma�IFre Reim6ul+sable4tems-Gther--than4faverl4xponce hall-be-lifnited4o-tkhe-#o110wing:-telephetie tof�g�tstanoe-c�harge�fax r�largee�-pl�eto$epyi�g-cal�argee.-and-poke---F�e+r�bu�le #teP-F1e-wNl-be-pa Ic#-on ly�#ler--Ca ntr-aet�r-bae-p ravlded--atl--r-e eelp#e ;---Car�tre ater-sba}I--be Fesponeible-ftar--all-olher�osts�r�d-exparises�assoalated w}H-i-aoti�l�ies--grad-�ellc3lll�#�ons t4adertaken--pur-suen�4e4ha} Agr-eeFneR 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 # 85.801596531C. l's,gu 3 or 17 l�lxcd'I'erm �3rrvlcu M�dtl•C'unlmc�o� A���mcu� �U22 Vcr.:i Packet Pg. 165 11.B.5 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 blame: GARCIA MINING COMPANY, LLC Address: 3333-24 Vlrginla Beach Blvd. -- Virginia Beach,. VA 23452 .—__-- Authorized Agent: Joshua Kellam President Attention Name & Title: Terry Boulftali, Bookkeeper Telephone: �757) 286-4183 / (757)340-8001 E-Mall(s); kellam row arcia.corn 1 tboulftall row arcia.com as4uc8@garcla►nining.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emalled to the County to; Board of County Commissioners for Collier County, Florida Division Director: Beth Johnssen _ Division Name: Ca Ital proect Plannln Jlm act FeesfPra ram Mana ement Address: 2685 Horseshoe Drive S Na les FL 34104 Administrative Agent/PM: Andrew Miller Manager - Coastal Zone Program Telephone,. 239 252-2922 E-Mail(s): Andrew.Miller@CollierCountyF'L.Gov The Contractor and the County may change the above mailing address at any time upon glving 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 &ibcontractors. 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 taxers levied an 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. I+Ixed Turns SCJ JCV blldll-0j11jlurlar Agrewoo ll 2072 Vur.1 Packet Pg. 166 11.B.5 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 condLIct 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 fail to correct any such violation, conduct, or practice to (lie 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 the srispe17slon period until the violatlon 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 the sole judge of 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 or any other class protected by federal or Florida law, 12, INSURANCE. The Contractor shall provide insurance as follows: A, M Commercial General, Liability: Coverage shall have minIMLIm limits of $1,000,000 Per Occurrence, $ 2,000,000 ;aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall Include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual liability, B. W Business Auto Llabillt : Coverage shall have minimum limits of $ 1,00O 000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Properly Damage Liability, This shall Include; Owned Vehlcles, H#red and Nan -Owned Vehicles and Employee Non -Ownership, C. W 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 Ilmit of $ 1,000,000 for each accident. I"c,gc 5 cr1' t 7 °IYCc)'I't3r111 4CiYICO MIIIII•i'01117u;RprA8rc%snpn( 2022_VeL3 Packet Pg. 167 11.B.5 C: ❑ Professional-L-iahiltt • hall-be-maintained-I)y-the-Gontraotoro-ensue-lts-legat liol�ilitir-fnr--elalr�rs--ar�sirac�--oet-off tfae-p�rfvr+�na�oo--aF professies�l-sir-vloes-aver--t�lte Agreement:-,er�tao#ar wai�res its rigf�tf rsevery agalnstourttn-elal+s-�arlder {s s� lee- Susl� irlsurariee-el�ali-I�cwe-lir lit « f-r�et-lesry thal aah - CybGr-L-lability;-Gvv®rags shall -have ive-minimum-lim, its-ol•$ per -claim: ahall-have- mini m- um-limits-o# $ e"IahTr Gr ❑ _ - _. rGoverage siaalf-laa�re-mfniriaui�limltsc�4r�� per--ol�i►�: W. ❑ - - _beverage ehall-have`minlmum-liml#oaf $ Special Re ulrements; Collier County Board of County Gommissloners, OR, Board of County Commissioners in Collier Ccunty, 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-ooWributory 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 polloles 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 requlrernent to provide notice, Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13, I11 DEMNIFICATION. 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 limlted 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 11uge 6 or 17 I;ixed Vom Smwe Mu11i•Con1muwrA4renmen1 Packet Pg. 168 11.B.5 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 arlsing from the sale 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 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 indemnifled 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 Capital Project Plannlncdllmpact l;eealProgram Management 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. 10, 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 PrLoposal, insurance Certificate(s), jO Exhibit A Scope of Services, Exhibit B Fee Schedule, L Rr-PE O ITB/L] 9the # 23-8076 ��-,including Exhibits, Attachments and Addenda/AddendUl-A, subsequerit q+uetes, and I!1 Other Exhibit/Attachment, Grant Provisions and Assurances 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 Ili, 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, Page 7 ul' 17 FintlTom Sor41C6 MIli ji- 111IQLCiurAgivoifc1112021-Yor.1 Packet Pg. 169 11.B.5 including but not limited to; submitting bids, RFP, and/or quotes; and, c, immediate termination of any Agreement held by the indlvidual and/or firm for cause. 20. COMPLIANCE WITH _LAWS, By executing and entering Into this Agreement, the Contractor is formally acl(nowledging 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 170t limited to those dealing with the Immigration Deform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth In Florida Statutes, §448,095, taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 653, Florida Statutes, and the Florida Public Records Law Chapter 119, If applicable, including specifically those contractual requirements at F.B. § 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: Communications, Government and Public Affairs Division 3299 Tarniami Trail East, Suite 102 Naples, FL 34112-5746 Telephone'. (239) 262-8999 Email: PLiblicRecordReguest@colliercoLititvfl.fjov 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 Nige 8 of 17 r•,i�' Fixed Svivicv Mkild-00uunClot Agn amcm 7.Oi2„Vcr.3 ./ Packet Pg. 170 11.B.5 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. Ali records stored electronically must be provided to the publlc 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. 21, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES, Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditlons 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 properly 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; (f) 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. If a subcontractor Is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liabillty company or other entity In which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 2Z- ❑ C EA I�UF oetr ctowagrees-to-l4eep-the-Rr jeo# Ite oleara at-at4-tunes-off debris; r�l I�b+el�-and-waste•-•r=na#erla Is�ar�eing���t-•o•#-tlae�U'ork;—r�#-the•-aor�pl�tfen--af--the--Word; Gor)Vaeter sh+all-remeve-all-debris7rubbleh-and-waste+nate6ats-fren)-and-abeut t-he-Rrp}eet silo; as -well -as. -all -tools; appl3nr�ees-; sonstr+�etiorraq�ripment-arid-mack�ine;iy-end-su�pl++s materials; and-shall-leave-the--P•rojeet-sit lean Page 9 ❑ r 17 Mixal'fenu Nerviet Mill II•C'finlnclor Agreenwill 2022_Ver.1 Packet Pg. 171 11.B.5 24. STANDARDS OF CONDUCT: PROJECT MANAGER. -SUPERVISOR EMPLOYEES, The Contractor shall employ people to wort on County projects who are neat, clean, well-groomed and courteous. Subject to the American with DIsabilitles 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, U WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and wall be of satisfactory material and quality production, free from defects, and sufficient for the purpose 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 particular service, These warrantles 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 Contract Documents shall be applied, Installed, connected, erected, used, cleaned and conditioned In accordance with the Instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for In the Contract Documents. If, within one (1) year after final completion, 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 warranties to which the County is entitled as a matter of law. 26-: (] T ANL�--IM REGTI NS�f-ttoe- ontraat-poc�rme►a#fr n�-ar y-sodas; laws er,61.mAoeo, s o rig 4a#aeras o€at��+-public ut er}tjN vir }�rrisdic�tior eves#lie-I rtajac�t ree{irtr�e--and+-powt�on-af-the-�Ver-be--speof#isaaly�-ir�spee#srl; pies#ad--4l�approved; Casa#faster /tall rss rr f espeM- Nlity-#her-Gfor� ",ay-all-evstOH-eentaestion-therewith and ufn+sh-to-fli"o4PtHhe-FE�g hpprevaa—.All ir�spestivns; fasts-or-appr v ls-shall bo- per€ormed-Ire-m- a-nner-and- y-er�ppi Om esceptabae--to-the-Gount� ❑ wRQTErwTlG -QFLWORKY A,--ar�t+�star-s#all fully-protc telork f�or�a�lcass-er-damaga-and-aitl-�it eeA# of-any-ouah-loss,-or-damage--U01-final-pa-yMeOt-kws-been-made--If-G eter-car- anyone--for-whern-Geritr-aeloi�-�egA[y-41a.#ile4e, re arasik�lo-far�al y lass-er damage t�--t;tie-Work-�r-v#+per✓-work-or-materials--of--t f��-County--ar--6v+�r�-e epar�te aonf�aotars; �or�#r�4tor-a€tall-krc�-oharged-wtth-tf►e-say►e;-er�c�-ar�y-r�or�iea-ne�ry tlase-seep-tc�ss�-er�#ar�rage�stiatl-be�-d edNota�--fr�r� rty--ar�aur�-dua-te Gentmetor, I'n�c lU i�r 17 C:�a�1 liked'I'am 5crvlw Multi-Cunlrnclor Apecmui,l 2022_Ycr.3 Packet Pg. 172 11.B.5 �:--Corrtr�st�r--sf�ati�-� ot-leeFci-��F�err�it��y-park-•�#--any-skruct�re-tc�-bv-i����ed--lra-a ny manner-that-w4l-E�ndanger-tkre-otruetur -no fall- o #r tar-errbjeetar+y pafk-o€the �Ilvrk-or�d fasent-prc�perEy--ta-sk�esaesr-a�prur�&-t�t2r-t-w+ll-�ndef��eN#- -Goratfaet r-shaft-no#-dist+�rb aF}y t�enclar rafktabliehed-by4-he-Cok+nt�;-wikh-respeet to-the--Rr-ojeet—i#-Gentr-eetor'; er--i#s--subeontraster�agents-or-anyerie ,for -when Gentraoter-i&-legally-liable; dis#Wrbs-the-County-'o4enehnarks;- ontFaetor•-si ii irrr r�e�i a#aid+•-r�otifyrithe-Cokrnty: 1=Ise-Gv�nt�-sf�a il-r�-o#,tab lisb�t�le•-#�ench+� ar�swanc� Contr-aptor-shall-be-lias,le-for4l-cester- nourred-by-tlie-County-assoeiated-t-herewith-, 28. SUBMITTAk S AND SUBSTITUTIONS. Any substitution of productslrnaterials from specifications shall be approved in writing by the County in advance, 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 notlfled 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 (lie 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 remalning portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to thls 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 Ibis 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 presentatlon 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 on 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 fall 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 1111gc I 1 (I I' 17 F'luad'I'rrFri �i..rulu0 rok�l�i•Cu�Huic�or A�rraniun� 2022 Ya.7 Packet Pg. 173 11.B.5 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matter's. 34. ❑ K-E-Y PSRSONNEL: The-GGntraGtor' personnel-and-rnanagement-to-bo-utillzed-for kMi pr jaot-shal�k�a knew#edgeable-ir►-tk eir� arena-oi-o peFklse-Tlae-Geunty--rosewee4ie rig Iit-4"er.for4+1--lw++estigatione-aa-may-de-deemed-neeev ary-to-ensure-Ihot-eor npete�nt per-sons-will-be-tr#illzed-ir+-the-per-farrr�anoe-nf-tiro-l�r-vef�er�t: TI`�e-Cant�atar�f�all-�s-slgr� ae ar}y people r reoessary-ko eemplete-#toe er iae an t#mely-basis; nd-eesh-W- uo n aesigrtad-e#�a Ilse---a•vaiiat� le-for--ara-ar•�a�rr�e#-t3r�e-�a�eq �rc�#a-to�r�aet-the-�e�ui red-se►�fee rlataa-Tine-Oer�#r�ater�hail-rao#�ha�r�B-�'�+-Rer�a�r�e�•ir�lssa-t�ia-felle►wi r� g-eewdttts�a��a m a#:--�•��R�a p Deed-r�plaaera�er�#s-have-s�bs#a•r�##a•I l�r-ktac�-sara�e-+� r--bekter�•-geaitf Isa#+qes� andlar-�}�er-lon$e:-(�-fiat-the-County-is-r�otifiad-ire-wr'iNag�s-far-ire-ad�ta�va-a�assitale- �`-t�ca-Genkraeter�hall-rt�aitio-aer-rimer•alally-r�sor�atile-effor-ts-to-rant+foillo�Ga�r�ky-vwtt�In sever]-dale-•�tl10-orange: T-ha-Gvu��t�rl�ae-firaai-approval-o#-pr�appsed-replaeamvr�t persennek 0 AGREEMENT 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. ❑ ARrRRtR i�REI DI~NG€,--In-ke-eva�#-af-arty-serrftiot-betweerrpw�g the terms nf-€+�y--of tfia-Gontraok-Doaur►aents; tl�e--terwa�e--ef�eliaitatlor�tl�e--Gontr-aet�s•-Rfopesal; a nd�er--tkae-Gouty'�-8aar�i-appFev-xee�tivta-�r`rnar�ary-ttae-6orirtr�r�t-Boe�rr�eataerll #ale-•pr�aoderaoe: M ORDER OF PRECEDENCE Grant Funded , In the event of any conflict between or among the terms of any of the Contract Documents andfor 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 airy Supplemental Conditions shall tame precedence over the Agreement, To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, If any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation tinder the Contract Documents upon the Contractor at County's discretion, 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, it 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 (6) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the Pago 17 or 17 Fixed Turin tiervicc hhirlF•C��u�hwror flgree.ineni 2422_Vei,9 Packet Pg. 174 11.B.5 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. The Contractor shall Immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPScoiliergov,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. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with 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 divisionldepartment 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 OSI-IA onto a project that Is toeing performed an 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 lay Collier County's Risk Management Division Safety Manager and/or Safety Engineer, (Intentionally loll klank-sicgnoture page to follow) Pogo 13u1'17 Ilineti'1'arn+ServicuNW10.0 minicmrAprUtI1101+12422_V41.3 Packet Pg. 175 IN WITNESS WHEREOF, the partles hereto, by an authorized person or agent, have executed this Agroemont on the date arld year fll'st writtor, above, ATTEST, Crystal K Kinzat, Clerk of the Circuit Court and Comptroller M Oated: (SEAL) carttVaetor's witolesses; l�� 9=A, , Contractor's First VVitnegs n'i effv? nt witnass name coed Wi L o Type/print wiine�s name Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: IRV( LoCastrb , Chalcman GARCIA MINING COMPANY, LLC Contractor DBA gn hire signature and title Pugs �+I or 17 Packet Pg. 176 11.B.5 Exhibit A Scope of Services Q following this page (pages 1 through 1 ) ❑ thls exhibit is not applicable Irngt IS 47f 17 Fixed Torm krvlee Mill ll C'onlrnctnrA raemunE 2022_Ver.3 ON Packet Pg. 177 11.B.5 Invitation to Bid (1TB) "Beaclt Compatible Sand Supply for Emergency and Maintenance" EXHIBIT A SCOPE OF SERVICES Background The County currently has three permits approved for upland sand sources: Stewart's Immokalee mine, Vulcan's Witherspoon mine, and CEMEX's Lake Wales mine. It is assumed that the sand will have up to a 5% moisture content, leading to a relationship of 1.5 tons/cubic yards for sand delivery from the pit. The supplied sand must moot the requirements of the County's existing 15- year Beach Nourishment permits as well as the County's technical sand specifications. Scone of Worlc The awarded Contractor(s) agrees to supply beach compatible sand for ctmcrgency re -nourishment projects of the County's beaches. Quantities of sand needed will vary project to project depending on current beach conditions. Emergency re-nourishments may require larger quantities up to or exceeding 1 million cubic yards for a single project, The intended plan is to perform emergency truck haul renourishments as needed after storms or other events causing major erosion of the County's beaches, with sand being purchased by the County directly from the supplying sand mine. A separate contractor will be responsible for pick-up, delivery, and placement of fill material for each maintenance project. This approach will be advantageous to the County by ensuring that material is available and ready to meet emergency project needs. Emergency Projects: The County has declared a certified public emergency for the construction of a sand bean along eligible Collier County beaches for the protection of upland structures left vulnerable by Hurricane Ian, and from the danger of tropical storms during the upcoming 2023 hurricane season, and beyond. These emergency projects are divided into the North and South projects. The services provided throughout this Agreement shall be awarded on a Primary/Secondary/Tertiary basis as follows: Emergency Berm — North Project Emer ene Berm — South Project I Primary Contractor: Vulcan Construction Materials, LLC primary Contractor: Stewart Materials, LLC Secondary Contractor: Stewart Materials, LLC Secondary Contractor: Vulcan Construction Materials, Tertiary Contractor: Garcia Mining Company, LLC LLC Tertiary Contractor: Garcia Mining Company,LLC Page 1 of 1 Exhibit A — Scope of Services Packet Pg. 178 11.B.5 Exhibit B Fee Schedule followiog this page (pages � through ' ) Yugo 16oi`t7 Fixed 9'crm SeIvlee Mn1l .Cmitructor hgm-111cnt 2U22_Vur.3 Packet Pg. 9 11.B.5 Line 1 Invitation to Bid (ITB) #23-8076 "Beach Compatible Sand Supply for Emergency and Maintenance" EXHIBIT B FEE SCHEDULE GARCIA MINING COMPANY, LLC Description Price of Sand Per Ton: Unit Price 13.50 Emer en Berm — North Project 1Eamer en Berm — South Project Primary Contractor: Vulcan Construction Primary Contractor: Stewart Materials, LLC Materials, LLC Secondary Contractor: Vulcan Construction Secondary Contractor: Stewart Materials, Materials, LLC LLC Tertiary Contractor: Garcia Mining Tertiary Contractor: Garcia Mining Company, LLC Company, LLC Page 'I of 7 Exhibit B Fee Schedule r+ Q Packet Pg. 180 11.B.5 Other Exhibit/Attachment. description: Grant Provisions and Assurances following this page (pages _ through j 0 this exhibit Is not applicable llagc 17 of 17 y �'IKcd�V'en,s�vrvircMuV11-Cu,iuncicFrAgrruu,cni�uz2_Vcr.3 �•,M Packet Pg. 181 11.B.5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contaIrted in this sootion are Inionded to coopor710 with, to supplement, and to modify the poneral conolllons anti other specllloattons. In cases of dlsagroomant Willi tiny other sectioln of this contract, the Supplemental Conditions shnil govern. This is on ocknowledge Mont that FEMA financial assistance will he usod to Rind all or n portlon of the contract. Pursuant uniform requirements of federal awards (2 OFn Par( 200.23) the definition of CONTRACTOR is an ontlty that receives a Contract ! purchase Order. Compliance with Federal Law, Rogulatlons end Executive Orders; The Sub -Recipient (County)agrees to Include In tlla subconlroot that (i) the subcontractor Is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (II) tile SUbcontraotor is bound by all nppllcable slate and Federal laws and regulations, and (ili) the subcontractor shW hold the [?[vision and Sub-Raclplent hormloss against all claims of whatever mature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by low. Specifically, tho Contractor shall be responsible for helncg knowledgeable and performing any and all seruices under this contrriot In accordance will) the following governing regulations along with ail np9110nl7[0 Federal law, regulations, executive orders, [ EMA policies, pror,eduros, nnrJ directives, r, 2 C.F.R. Part 200 Uniform Adminkslrtrtive Roqulre menls, Cost Principles, and Audit Requlramdnts for Federal Awards c, 44 C,F.R, Pari 206 a The Robert T. Slrafrord Disaslor Relle(and Emergency Asslstance Act, PtIbIlo I_aw 93- 288, as amended, 42 U,S,C, $121 of seq., and Related Authotillos o FFMA PO)Ilo Asulslancv Program and Policy Gulde liXHlf�ll' I t �- Packet Pg. 1 2 11.B.5 C xi 1I [3I'r i FEDI-RAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, lha Florida Doportmont of Emergoncy o Management, the F'E;MA Administrator, the Comptroller Gonerol of the United States, or any of their M authorized rapresentativo's €rccoss to any books, documents, peper9, and records of the Contraclor which c., are directly pertinent to this contract for the purposes of making audits, oxnminrations, excerpts, and c transcriptions. (2) The Contraclor agrees to porrnit any of (lie foregoing parties to reproduce by any means z whateoevor or to copy excerpts and transcriptions as reasonably needed. (3) The rontrractor agrees to m provide the FEMA Administrator or his authorized representatives' Access to construction or other work sites par taming to the work using completed under the contract. (4) In compliance with sootion 1225 of tho � Disoster Recovory Act o(2010. the County and Ilia Contractor acknowledge and agree 1litil no language in this contract Is intended to prohibit audl(s or Internal roviews by ilia FEMA Administrator or lho Comptroller m General of lho Unllod Slates, e Affirmative Soclooconomic Steps If subcontracts are to be let, the prlrine contractor Is requlrod to take all necessary steps identified In 2 C.F,R, § 200.321(4)(1)-(5) to ensurs that small and minority buslnesses, wpmen'S bttslriess enterprises, and labor surplus area flfnls giro used when possible. > c Changes: To be allowable tinder o FEMA gra11t or cooperatiVe agreeltianl award, the cost of any contract -a � cliange, modification, amendment, adderidurn, change order, or Gonstructivo change must be necessary, 3 allowable, allocpbio, within the scope of the chant ar cooperotivo ogreernent, roasonrtbla for the scope of worts, and otherwise allowable. DHS Seal, Logo, rind Flags; The contractor shall not use the OHS seal(s), loges, crests, or reproductions c of flags or likonossos of DHS agency officials without specific FFMA pre- approval, The conlractor ,shall � Include Ilils provision In any aubcontrocts. E ❑oingstle Proferonce for Procurements 200.322 As oppropriale and to the extent consistent Willi law, E the non-FaderaI entity shout<l, to the grentoM extent procticable tinder a redaral award, provide e C preforance for the purohoso, acquisition, or use of goods, products, or nietedals produced in the United Stales (Including but not limited to Iron, alkinlintinl, steel, cement, and other rnariufncturod products), The requiremonts of this section must be Included 111 all subawards including all contracts and purchase orders a, for worlc or products under tilt award. v For purposes of this secflow "Produced In tho United States" moans, for Iron and steel products, that all v v manufacturing processes, from titre Initial melting stage through lha application of roatings, occurred In the � Unitod Stales, 'Manufactured products" memris hams and construction materials composed In whole or In port of non-farrous metals such as aluminum; plastics and polyiner- bawd products such as polyvinyl chloricle pipe; aggregratos such as concrete; glass, Inctticling optical fiber; and lumbar. Liconso and Dolivery of Works Subjocl to Copyright mid Data Rlglits: The Contractor grants to the County, a pairs -up, royalty -free, nonexclusive, Irrevocable, woddwido license In data first produoecl In tho i performance of this contract to raprocluce, publish, or otherwise tree, including prepore derivative works, dislribule copias to the public, and perform publicly and display pulAlciy such Bala. For data required by O the contract but not first produced in the performance of this contract, the Contractor will Identify such dots Q and grant to tho County or acquires on its behalf a license of the sane scope as for data first produced in U the performance of this contract. Data, as used heroin, shall include any work subject to copyright under tO 17 U.S-C. § '102, for example, any Written reports or literary works, software and/or source code, mttsic, choreography, pictures or Iniages, graphics, sculptures, vidoos, motion pictures crotlier audlovlsual worsts, M sound and/or video recordings, and architectural works. Upon or before the completion of (his contract, tiro c4 Contractor will deliver to the County CID10 first producers In the performance of this contract acid data +j required by the contract but not first produced In lho perlormance of ibis contract In formats acoaplable by � tat# County. E No Obligation by Forteral Govornenont:111e Federal Government Is not a party to this contract and la not s sul)Jtact to any obligations or liabilities to Use non -Federal entity, contractor, or orgy outer party pertaining to Q any matter resulting from the contract, EXHIBIT 1 2 Packet Pg. 183 11.B.5 EKI-itBIT I rEDEIRAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covorad Toiocamnsunlealigna ;5quipment or 5orviccs (a) Definitions, As used M this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; Inlerconnectlon arrangomonts; roaming; substantial or essontiol component; and telecommunications equipment or services have the mooning as dofinod Ill FEMA Policy,-11405.143.1 Prohlblllons on Expending FEMA Award Funds forcovered Tole communicatlona iquipment or Services As used In Illis clause — (b) Prohlbltlons, (,S) Section 800(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2018, Pub, L. No, 115-232, and 2 C,F.R. § 200.216 prohibit the hood of an executive agency on or aftor Aug.13, 2020, from obllgaling ar expending grant, cooperative agreement, loan, or loam guarantoe funds on Oerlaln telecommunications products or from rertaln entities for national security reasons, (2) unless An exception In paragraph (c) of this clause appllq% Ilia contractor' and Itt3 subcontractors may not use grant, cooperative agreement, loan, or loan guarantoa funds train the Pectoral Emergency Managannent Agency to: (1) Procure or obtofn any equipment, system, or service lhvtl uses covered lelecommvalmtions vqulpinent or services as a eubstantlal or ossanllal component of any system, or as critical technology of any syslerl); (ii) Enter into, extend, Or rerl4w a contract to procure or obtain ally equipment, system, or service that uses covered telecommunications equipment or services as a subsiontlaral or essentfal component of any system, or as critical lechnology of nny system; (ill)1=nler Into. extend, or renew contracts with entities that use covered telecommunlCeNons equipment or services as a substantial or ossontial component of any system, or as critical technology ns pert of any system, or (iv) Provide, cis part of its performance of this contracl, subcontract, or other controoluM instrument, any equipment, system, or servios that uses covoced telccornmunlctttions equtpMont or services as a substantial or esserillai component of any system, or as crlt{cal technology as }part of any syAlarn. (rs) Excaptlons. clause does not prohibit Contractors from providing — (I), A seiviCe tlnal 00nneCt6 10111e facllllles of a third -party, such as backhaul, rosining, or Irlie rconneollon arrangornents; or (11), Telecommunleatlons equipment Ihal cannot route or redirect user data traffic or permit vlsiblllly Into any user data or packets thol such equlpmonl transmits or otherwise handles, (2) By necessary implication and rogutation, the prollIblllons also CIO not apply to: (i). Covered telecommunloalions equipment or servlcas that: I. Are not used as a substantial or esserttirrl component of any system; and 11, Are not used es criflcal technology of any system. (11). Other t0lec0mmuVI00li0rls equipment or services that arcs not considered covered lelecorrnrrnunicral[nns equipment or services. (d)IReporting requirement. (1) In the event the contractor Identifies covered telecommunications equipment or services used ob a substantial or vssentlal component of any systorn, or as crilleal lechnology as part of rang system, during contract performance. or the contraclor Is notified of such by a subcontractor at any fler or by any other solace, the conlraclor shall report tilt Inloonalion In paragraph (d)(2) of this rlauso to line recipient or sw)redplew, unless elsewhere in this conkracl are established procedures for reporting the Information. (2) The Contivictor shall report the following Information pursuant to paragraph (d)(1) of this clause: (1) Within one business doy from Iho date of such Idontification or notification: The contract number; the order numbar(s), If applicaWo; supplier name; supplier unicluo entity Identifier (if known); supplier Commercial and Government Entity (CAGE) code (kt known); grand; model nurmbor (original equipment manufaettlrer EXHIBIT I • 1 m 0 00 M N 0 z m m 0 0 c 3 ra 0 r c 0 R c m E E 0 U a) W Q Packet Pg. 184 11.B.5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); Ilene description; and any readily nvallablo m c Information about mitigation actions undertaken or recommended. (II) Witliln 10 business days of submitllog M the tnforntallon In paragraph (d)(2)(1) of this clause; Any further avallabte Information about mitigation N actions undertaken or recommelided. In addition, tine Contractor shall describo the efforts It undertook to c prevent use or submission of covered lelecommunications equipment or services, and any additional efforts z that will be incorpprtated to prevent futura use or submission of covered telracnmmunicptlone equipment or m services. (o) Subcontracts. The Contractor shall insert tha subslonce of this clause, Including tills paragruph(e), in all &4ftontracts and other contractual Instruments. m 0 Program Frautl wed Falco or Fraudulont Sttaternonts or Rotated Acta; The Contractor acknowledges = that 31 U,S.C, Chap. 39 (Adminlalrative Rarpedles for raise Claims mild Statements) applies to the contractor's actlons pertaining to this contract. +° Rights to Invwitlans Wide Under a Contract or Agreoment; I~xempl from FFMA Public Assistonoo Funding Suspension find DoWrmant: (1) This contract is a covered Irunstactlon for purposes of 2 C.F.R. pl. 180 and 2 C,F,R pt 3000. As such the contractor Is required to verify that nano of the controctor, Its principals $ (deflned at 2 C.F.R, § 180.095), or Its (affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C,RR. § 180.940) or disqualified (defined at 2 C.f=.R. § 180.035), (2) The contractor must comply with 2 .2 C.f .R. pt. 180, subpart G and 2 C.F.R. pt. 3000, subpart C and must include as requirement to Comply with lh¢se reg4illrtlons In any lower Tier covered transaction It enters into. (3) This cerllfleatlon Is a material representation of fact rolled upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R, pl. 180, subpart C and 2 G.F.R. pt, 8000, subpart C, in addition to reimciles ovailablo to the E County, tine Federal Government may pursue available remodi", Including but not Ilmited to suspension 0 And/or debarment. (4) The bidder or proposer agrees to comply with the requlremente of 2 C.F,R, pt. 180, d subpart C and 2 C.F.R. p1.3000, subpart C while tills offer is valld and lhrouglaout the period of any contract that may arise froraa this offer. The bidder or proposer further agrees. to Include a provision requiring such CD cornpiftance In Its lower tier covered transwelions. ov v Procuroment of Recovered MatoriralS (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall stake maxiMU11t usv of products containing recovered materials that are EPA- � designated Items tualess the product cannot be acquired— Competitively within a timefrome providing for = compliance with the contract performance schedule: Meeting Contract performance requlremants; or At a � reasonable price. Infonnotion about this requirement, ;.along with fh4 list of EPA -designated items, Is M nvallabie at EPA's Comprehenaiva Procurement Gulclelines webpage: hltpa;IM%vw.epe.gov/smm/comprehensivs. procuromrant-guklellne-opg-progroM. ra Tho Contrracicr also agrees to comply with all other applicable roquirements of Section 6002 of the Solid Wosta Disposal Act, O> Q Tormhaation for Cause ofirl Coovenlonce (over $10,000): See Standard Purchaso Order endfor Contract U Trams and Conditions c Byrd Anti -Lobbying Amendment (31 U.S.C, § 1352 (as 0111011ded) (over $100,000); Contractor$ who N apply or bid for on award of $100,000 or mono shall file Ilia rfetluired oartlfiealion. Each (lei, certifies to ills tior above that lI wile not and has not used Federal appropriated funds to pay any person or organization for � Influencing or attempting to Influences an officer or employee of any agency, a member of Congress, officer E or employee of Congress, or an employee of a member of Congress in connection with obtalninp any Federal contnxl, grant, or any other award covered by 31 U.S.C. § 1352, Each fler shnil also dlsciose any r�o lobbying with non -Federal funds that takes pince In connection with ohtaininc3 any Federal award. Such Q disclosures are forwarded from tier to tier up to the recipient." IN 1IBIT I -4 Packet Pg. 185 11.B.5 EXHIBIT l FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a corlification to the County with each bid or offal, exceeding $400,004, m ono Seri Cerilfications and Asstirancos and tho and of this document. M N Contract Work Hours rind Safety Standards Act (40 U.6,C. 3701-3708) (over $100,000); Whore Z appliembte, all contracts awarded by the solicitor In excoss of $100,000 that involve the employment of m meOlanlcs or laborers musl include a provision for complienco with hU U.S.C. 3702 and 3704, as supplemented by Department of Labor reguiailona (29 CrR Part 5). _- (1) Overtime requirements, No contractor or subcontractor contracting for any part of the contract work m which may require or involve ilia omploymenl of laborers or mechanics shell require or porrtait any such laborer or niechrarnlo he any workweek in which ho or sloe is ennployead an such work to work In excess of c forty hours In such workwook unless such laborer or mechanic receives compensation at a rate not lass .2 than one and one•half llmos Ilia besic rate of pay for rill hours worlced In excoss of forty hours in such workweek. > c (2) Violation; liability for unpaid wages; Iluidaated damages. In the event of any ulolallon of the cruse � set forth In paragraph (1) of this section the contractor and any subcontractor responsil,le therefor shall has fc li@Ue for Iho unpeld wages. In cddillon, such conlractor and subcontrrsrtor shall be liable to the United Statos (in the case of work done under contract for ilia District of Columbia or a territory, to Ouch District or r to such lerritory), for liquidated damaagas, Such Ilqulrfated damages shall he computed with respect to each r- hndividual laborer or mechanic, Including watchman and guards, employed In violation of tine clause sal o forth In paragraph (1) of this section, In the slim of $27 for each calendar day on which such IndlVfdtlal was required or pwmittod to work In excess of the standard workwook of forty flours without payment of the � overtime wages regtilred by the clause sat forth In paragraph (1) of this aeoliom E (3) WilliholOng for unpaid wages and ligtlidalpd damages. Tho County or FEMA shall upon its own E action or upon wrllten request of an authorized representative of the deportment of Labor withhold or clause d to he withheld, from any moneys payable on account of work performed by rho contractor or subcontractor � 'cinder any such contract or any ollier Fodavasl contract with tho same prime contractor, or ony other federally -assisted contract subject to the Colntrzsct Work Fours and Safety Standards Act, which Is held by v the same prime oonl(actor, such sums us may he dete►rrilned to he necessary to satisfy rang liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided In the clause sot v forth In paragraph (2) of this suction, � c (4) Subcontracts, The contractor or subcontractor shall Insert In any subcontroots the ciouseas set forth E Ili paragraph (1) through (A) of this section and r, clsausa rbquidnp thaw subcontractors to include these � clauses in any lower tier subcontracts. The prime contractor shall ba responsiblo for complianoe by any2 subcontractor or lower tier subconlraOor with the clauses snl forth In pwagraphs (1) through (4) of this section," C91 For oonlracts that are only subject to Contract Work Flours rand Safely Standards Act and are not subject > to the other statutos In 29 C,F.R, § 5.1 Q "Ftiilher Cornpllnnce wlttt the Contact Work Hours and Srafoty Slariderds Act. v (1) The contractor or subcontractor shall mpintaln payrolls and basic payroll records during the course of c IN work and shall preserve them for a perlod of three years from the completion or the contract for all o0 laborers and rneclielnics, Including guards and watchman, working on the contract. Such records shall M N contain Me name rind oddross of each much ompfoyco, soclnl socurity ntnnbor, correct classiflcsileans, hourly ralos of waages paid, dally and weekly number of hours worked, deductions made, and actual wages paid, (2) Records to be maintained under this provision ;shall ba n ode avollable by the contractor or subcontractor E s for Inspection, copying, or transcription I)y authorized reprosanta3tives of tine Department of t-torriei and � Security, the Federal Emergoncy Management Agency, and the Department or Labor, and the contractor Q or subconttaactor will permit such representatives to worview employees during working hours on the Job, l-XI-I I a17 1. 5 Packet Pg. 186 11.B.5 EXHIBIT FEDC-RAL CONTRACT PROVISIONS AND ASSURANCES Cloon Air Act (ovor $160,000)- 1, The contractor agrees to comply with :call Fappllcalla glondards, orders co c or regulations issued pursuant to the Clean Ali,Aol, ;;Is amanded, 42 U,S,C, § 7401 el seq, 2, The contraolor o agrees IQ report oach violation to lho County and understands and agrees that the County will, in turn, N report each violation as regtdred to assure notification to the Fodcrol E morgency Manngomant Agency, and c the appropriate Environmental Protectlon Agency Regional Office, 3, The contractor agrees to Include Z these recluirernents In oach auboontract exceeding $160.000 financed in whole or In pail with Federal m 25si9lance provided lay FEMA, Federal Water Pollution Control Act (over $160,040); 1, The contractor ogrees to comply with all � oppileable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as m amanded, 33 U.S.G. 1251 at seq. 2. The contractor agrees to report oach violation to tho County and understands and agrees that the County will, In turn, report each violallon ,:,r; required to assure notification c to the Federal Emergency Management Agoncy, and tiny, appropriate Environmental Protectlon Agency ., Regional Office. 3, The contractor agrees to Include these retlulremerrts In each subconlrart exceeding $150,000 financed In whole or In part with Federal assistance provided by FEMA. > Adminlstrativo, Contractual, or Legal Romodios (over $260,000): Unless otherwise provided In thls contract, all claims, counter-rialins, disputes and other matters in clueslion between tho local f° government and lho contractor, arising out of or relating to this cvnlracl, or the breach of it, will be decided � by arbitration, If they pprtles mutually agree, or in a f lorldo court of competent jurisdiction. $ CONSTRUCTiON ACTIVITIES g E qual Employmsnl Opportunity Miuso (§00.1.4): Except as otherwise provided under 41 C.F.R. Pert 60, gill contracts thatton t" megj the defiIII ui "faclnraJl�+ assist. d constructl_o_n_�onlract" In 41 G,,R. § 60-1.3 must Include titre oquAl opportunity clause provided under 41 C.F-R. § 60- 1A, m E During the performance of this contract, the contractor agrees as follows: c (1) Thv contractor will not discriminate against nny omployOO or applicant for employment because of race, U as color, religion, sex, sexual orientation, gender Identity, or national origin, The contractor will take oflirmalive action to ensure that applicants are employed, and that employees are lreatad during employment without o rogerrd to lholr race, color, religion, sex, sexual orlontatioil, gondar identity, or national origin. Such action shall Include, hot not bo limiled to the following; Employment, uporading, demotion, or transfer; recruitment or reeruilmenl ndvorlising; layoff or termination; as _ rnte3 of pay or other forms of compensation; and seleollon for training, including apprenlleas hip. The E contractor agrees to post In conspicuous places, avalInble to employees and applicants for empioymenl, nolioes to ba providod setting forth the provisions of this nondiscrimination clause. 2 (2) The contractor Will, in ail solicitations or advertlsennents for employees placed by or on behalf of the ca C9l contractor, Mato that all qualified applicants will receive conslderotlon for omploymonl withoul regard to � race, color, religion, sax, sexural arlentation, gender identity, or national origin, (3) The contractor will not discharge or In any other rnriannor discriminate egalnst any ermptoyee or applicant U for employmenl bOi=sa such omployee or applicant has Inquired about, discus4pd, or disclosed the co compensation of the employee or applicant or another employee or applicant. This provision !shall not apply c to Instances in which can employee who has access to the compensation information of other employees or applicants as a part of such employee's essential Job functions disolosos the compensation of such other N employees or applicants to Individuals who do not otherwise helve access to such Itnforintialian, unless such ; disclosure Is in response to a formal complaint or chargo, In furtherance of an invostlgntion, procendinq, _ hearing, or action, Including an Investigation conducted by the employer, or Is consistent with the co►tmotor's legal duty to furnish Information, (4) The conlraolor will send to each labor union or reprewentailve of workers with which lie has a colloclivn Q bargalning agreement or other contract or undarstanding, a notice to be provided advising the said labor _.-- Packet Pg. 1 7 11.B.5 ExHiBrr i FEDERAL CONTRACT PROVISIONS AND ASSURAN0.E;S Union or workers' reprosentaitvos of the contractor% commltments tinder this section, and shall post copies of the notice in conspicuous P10068 arvnilable to employees and applfoants for employment. (6) The contractor will comply with all provisions of Execullve Order 11246 of September 24, 1965, and or the rules, regulations, and relevant orders of this Secretary of Labor, (6) The contractor will furnish all Information End reports requlrod by Execulive Order -11246 of 8eptombor 24, 065. and by rifles, regulations, and orders of the Secretary o4 Labor, or pursuant thereto, end will permit access to his books, records, and accounts by the adminlsiering agency and the Secretary of Labor far purpaeas of Investigallon to ascertain compliance with such rules, raqulatlons, end orders, (7) In the event of ilia contractor's noncompliance with the nondiscrimination Clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended In whole or in part an Ills contractor may be declared ineligible for further Government contracts or fedlerolly assisted construction contracts In accordance with procedures authorized In Executive Order 11240 of September 24, 1965, and suck other sanctions may bo Imposod and remedies invoked as provided In Executive Order 11246 of September 24, 1905. or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by low, (6) The contractor will Include the portion of the sentence Immediately preceding paragraph (1) and the provlalons of pwagrophs (1) through (8) In every subcontract or purchase order unless exempted) by rules, regulations, or orders of the Secretary of Labor Issued pursuant to section 204 of ExOcullve Order 11240 of September 24, 1065, so float such provisions will be binding upon each subcontractor or vendor. The contractor will take such pclion with respect to any subcontract or purchase order as the Odin inistaring agency may direct as a means of onforcing such provisions, Inciudting Finijotlons for noncompliance: Provldod, however, INN In the event a contractor becomes involved In, or Is lhreelened with, litigation with a subcontractor or vendor as a result or such direction by the administering agency, the contractor may request the United States to tinter Into such Ullgation to prol6ct t110 Interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland An(i•4{Ickback Act, Exami)t under FEMA Public Assistanco rundinq UMBIT 1- 7 m 0 ao M N 0 z m H GO 0 0 _ 3 ra 0 _ 0 r R _ m E E 0 U a) W CD 0 v v a� _ .E ca ca 0 f 0 a U 0 r` 0 ao M N _ d E M 0 M r r+ Q Packet Pg. 188 11.B.5 6XI-1113IT I rCgERAL CONTRACT PROVISIONS AND ASSURANCES STATE OF FLORIDA PROVISIONS IDEPARTMEN'T OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSITANCE PROGRAM Applicabla Laws - The County and all Its agents shall comply with all federal, state end local rogl.066115, Including, but not limited to, oondisrriminalion, wageis, social socurity, Workers' compensation, Ilcanees, unl reglstratlon reguirraments. The COunly snail lncludo this provision in all contracts issued. Data Collection: Tlio Prolool shall be conducted in accordonce with the terms and conditions set forth tinder this Agrat±ment, all applicable Department permits Lind ilia eligible ProJoct took Item$ r{striblishod below. All oats collection and processing, and the restilling prcduct dellverables, shall comply with the standards anci toohnlcal specifloatlorts conla ned In the Department's Monitoring Slattidar,rds far Bosch Erosion Control Projects (2014) and ell gssociated state and federal permits, unless otherwise specified In the approved scope of work for on ellglble Project Item. The monitoring standards may be found at: WWI (yl?�I%fll�l-�JI'�LISIIlSiGit.5E4Y1 In ordor to comply with Florida Atrdllor General report 2014-064 rcgarding conflicts of Interest and to bo consislonl with Section 287.057(17)(91)(1), F,S,, all monitoring data, anci statistical analysis most bo provided diroaHy end coneurrontly from the monitoring contractor to the Florida Department of EnvironniontAl oorisultant. 'The County's engineering consultant must provide an tadequoto mlllgallon plan, consistent with ;section F•S•, Including a descriptlon of organizational, physical, and raleotronle I7afriers to be used by ilia Cotrnty's engineering consultant, that addresses conflicts of interest when contractinto rriulli.disolplInary fimis for Project engineering and post -constrtictlon ellvirvnmental monitoring services, or when the Project engineering consultant firm subcontrools for post-conMa mfian onvlronrnental monitaring. Environmental rnonitorincd includes hardboftom, seagrass, and mangrove resources. Squal Employment Opportunity. No person on 1ho ground of rtaoe, creed, color, rellilion, natlonol origin, age, gender, or dlsabltity, shall be excluded from portlelpptlon In; be donled the proceeds or benefits of, otherwise subjoctod to dlseriOnalion, Inspector Oonorel Ccgparatlom The Parties agree to comply with Section 20,055(5), Florida Statutes, for Iho inspector genoral to havo access to any records, data and other inrolmmlon deemed nacessai ry to carry oul his or her duties and Incorporate Into all subconlracts the obligation to comply with Section 20,0515(6), Florida Statutes, Lobbying: NO ftlrlcls received pursuctnt to this Agreement may be expended for lobbying the Legislature, Me Judicial I7ranoh or a state attonay, t_ncal proforance; Purwient to Section 266.0901, F.S. Iona{ vendor preference is not upplicable3 Physical Aoonss and Inspection: Grantor personnel shall be given access to and may otssorvc and Inspect work being performed under this Agreement, with reasonable notice and during normal buslness hours, Including by any of the fgflowhig methods: I. The COunly shall provide aooess tb any location or facility on which County Is performing work, or staring or staying esqutpme3nt, materials or documents. 11, The County @hall permit Inspection of any facility, Otluipment, pr7ctices, or operallons ro(ILllred In performance of any work pursuont to this Agreement: and, ill. The Coulity shall allow and facilltate .sarrplln and monitoring of any stibstancos, soft, M-eltarlais or parameters at any location reasonable or necessstry to assure cornpllance with any work t,r legal requirements potsuant to this Agreement, Recard Ratontlon: A. The contractor shall I'naintalh and retain sufflelenl records demonstrating its compliance with the terms or the Agreement for a period of st least five (5) years after final payment is CXHIRIT I - a m 0 ao M N O Z m H GO 0 0 _ L to 3 to 0 r _ 0 r to _ m E 0 U a) w Q Packet Pg. 189 11.B.5 Cxl•IISIT 1 FEDERAL. CONTRACT PROVISIONS AND ASSURANCES made and shall allow the County, the State, or Its M ithorlred represei}tallves access to Suoll records for audit purposes upon request. Statutory Notices Relatfn4 to Unauthorized Employment; The County shall consider the employmont by eny Contractor of unauthorized ellons a violation of Section 274A(e) of tho Immlgrallon end Natlonality Act. If the Contractor knowingly employs unauthorized ailena, such violation shall bo cousfl for unilateral cancellation of tick Agreement Statutory Notices Relating to Subuontractst pursuant to Seettona 207- 133 and 207.134, r.S,, the following restrictions apply 10 parsons placed on the convlated vendor list or the discriminatory vendor list; Public Entity Crime. A person or arflllate who has been placed on the convicted vender list following a conviction for a pubilo entity crime may not su1>mlt a bid, proposal, or reply art a contract to provide any goods or saevloes to a public entity; may not submit a bld, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may notsutimit bids, proposals, or replles on leasesof real property to a public ontity; may not be awarded or perrform work as a Drantoe, supplier, subconlraclor, or consultant under a contract with any public entity; and may not transact business with any public entity In excess of hie threshold amount provided In Secllon 267.017, 1:.S., for CATEGORY TWO for a period of 3G months following the data of being placed on the convicted vendor list, li, Discriminatory Vonclors, An entity or affillala who has been placed on tha dlscrlminatory vendor list may not submit a bid, proposal, or reply on a contraot to provide any goods or services to a public entity; may not subrnit a bid, proposal, or reply on a contract with a public entity lot, the construction or repair of a public bulldlncg or public woric; may not stlbmlt bids, proposals, or replies on leases of real property to la public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant Linder a contract with any public entity; and may not transact business witb any public entity, ili, Notiflcratton. "The Grantee shall notify Department If It or any of its suppliers, subcontractors, or consultants hove been placed on the Convicted vendor list or the discriminatory vendor list during the life of the Ageeornenl, Tha Florida Department of Management Servloes is responsible for maintalning the discriminatory vendor list and posts the list on Its webslle. Questions regnreling the dlscrlminatory vendor list may be directed to the Florldo DeparlinaM of Management Services, Office of Supplier Dlvemlly, at (650) 487.0915. EXHIBIT I.9 0 ao M N 0 z m t— GO 0 0 0 _ -a �a 3 �a 0 r _ 0 r M _ m E E 0 U a) W r+ Q Packet Pg. 1 0771 11.B.5 EXHIBIT I FEDERAL CONTRAOT PROVISIONS AND ASSURANCt-S Complianco with Fodaral Law, Regulations, And Exocutivo Orders and Acknowledgoment of Fmkiral lFundhic Certification This Is nn acknowledgement tium rEMA finenclal assistance will be used la fund oil or a portion of the contrect. The contractor will comply with all applicable Federal law, regula lons, executiva orders, FNMA pollcies, proceduros, and directivos. If the Contractor subcontracts any of tho work required under this Agreement, a copy of 1110 signed subcontrad must ba available; to tho Counly for review and approval, The Contractor agrees to Include in the subcontract that (1) the suboontraMor Is bound by the kofms of thle Agreement, (k) the subcontractor Is bound by all applicable state and federal laws moll ratlulolions, and (Ili) tho subcontractor shall bold the County and the Oranior Agency harmless against all claims of whatever nature arlsing out of the sul)oontraotor's performanco of work under this Agreement, to the extent allowed and required by low, ilto County May dpcui>,ent In the rluatterly report the Contraclor's progress lit performing its work under this agreement. On behalf of my firm, t acknowledge, the grant requirements Idoilliflod In this docurnonL Vondor/Contractor Name 104- i1 ,i I U Date Authorized SIgneture Cx}iiaiT r - to Packet Pg. 1 1771 11.B.5 5XI-11BIT I I"E`f MAL CONTRACT PROVISIONS AND ASSURANCE=$ CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INEL1011 .ITY and VOLUNTARY EXCLUSION Contractor Covered Troneactions (1) The prospoctivo subcontructor of the SUb-1-OCIpIGN, Collier County, comities, by submisslon of this dwwwi, that neither It nor Its princlpnls Is presently debarred, suspended, proposed for 0barnient, declared InoligIble, or voltuitarEly excludod from participalion in thla transaction by any federal doportmeM oil arloney. (2) Where tho Sub-reroipient's suboontrector is unable to certify to the above siaternont, ilia prospeotivo contract shall attach an explanatlon to 04 form, CONTRACTOR By: r � Name and Title l "f'• Street address , state, Zip Uel Unique Entity Identifier (for SAM.gov Sub-Reciplent Narne: Collier County Board or County Commisslonera OEM Contract Number; T130 FEMA Project Nkimber; T13D rKktIRIT I -'ll (C Packet Pg. 192 11.B.5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN 011 VETERAN PAIITICIPATION STATEMENT Llahji;wEl b4 milgtit, UwatlFable Palmas YAR r4flid to lho PRIM! to 0llliv piolVllo n iaoi Ld Aa larnnnl 0r praYlda NUIN +i0n111110a1H10n 0551 Yi fill Vol ri iloltu. A. PilIMC VENDOR/CONTRACTOR INFORMATION PRIM! NAh1E I PR(Mt F1LONUrda0 I CONIRACToWlAn AMOUNT Garcia Mirtitiq Company, L.LC NIA NIA IS'THCFRI1.1EhFlOr111}A{[R71lIlDCiSNJYJtiRAgt6, ,n' VETERAN V r[!a LSTNRACTIVITYOFFFi15CONTRACT ... jobvR1TY bl!) O k1hurllllSAtl. jSAj)vT1 tQNFRi�►IWtSM rUDUS U DOE? Y C/:;>Jr; CONSMUCTION7 Y is 11U3t11[sS 6d [EpTjrIC+ITt9N FADI,t TN�StdAtl nUSlhllSS HURIIIESS9A�aEj I1`U lAue? T CONSKTATION? Y ADMIr1151000117 AICKVIGEDISABLED V1111FAIJ! WOE? Y O�tiERY N SDn6AT Y Wa tedal SLIP IS TFOSSUUrAiSSION A RIVIVON? Y If Yls, REVISION NUMBER Br :IF PRIME.HASSUBCONTRACTOR WHO 1.7 A DISADVANTA66 MIN0�t1TY, Q'I0WOWNEP, SMALL RUSINESS CONCERN'OR SERVICE DISABLE11 1►U63.1N, 08IME ISTO COMPLETE THIS PjfKT$CCTION DUE Mimi 5UUC0Nl$lACl0A 011 SUPPLIER TVPt OF WOII%Ol! L114NiCIIY CpD! 5U8�.51JPPLIER PGk[NROf CONT1tAcr VCTCI?AN NAM! I SPECIALTY ISaa DOOM t]OILAII ArdOUNT I DOLLARS TGI•kt.; C. 5CCTION,TO UT,.C4MP-LCTED DY.PRIM£ V[NOORICONTRACTCIR TJAME OF SUBIVIMTR DATE TITLE OF SUBMIM11 Andrea M. Kilmor _ 1/110 CEO W)III, A04RkSS (TF PJIIME SUnMrmn) 7r.12PMONE NUMnTIl FAX NUMIgR I�Ilmel'Cc III"OWc� rrcla.Oprr� 757-340-8001 757-340.0998 NOTE: ThIl Informa%lon II used to 1144 4hd rapart anlicIpalad D6E or hie[ psrticipallan In (uiivrdlloonded 5ontracts, lho inlldpaled 0 If pr Mt a wouni Is Voluntary and will oat becanio pin at tho convelt1al t4rnls, rhll NMI aiWt ba sobmiudd 41 tIll of faiponT4lob solltitallon. Rand% him MwardadaCaunrY[ontlpu,th4prin+awll4buPLAtdtoupdatalholnTarmaNnnforthe pant tamphritntllas. 10 nY: .aa,4An.r an .UA' ti{K inlCAMailrall HA Na QJsntara�n Nq Subconl.AstinAntarkan SAA '. AiwW-144-CINAatMCan 'APA NPttkrllrlarll lvan+cn NMW 011lari npt of ttn 4t iyt 19+1 Ilit+slt 0 'D. SECTION i7o E#C C;N PUAD BY-COKIER COUNTY £0113ITI-12 Q CC!Af Packet Pg. 193 11.B.5 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCE$ LOBBYING CURTIFICATION f bomubuittlad with gach b cl or offor excu din 100 R The undersigned [contractor) cortlllaa, to the best of fats or her lwowledge, that. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of tho undersigned, to any parson for Influencing or attempting to Influence an officer or employee of an agency, Ea Mornbor of Congress, all officer or employee of Congress, or en amployoe of a Memborof Congress in connootion with the awarding of tuly Federal conlract, the making of any Federal grant, the making of any Federal loan, tho entering Into of any 000porntivo mgmenvrit, and the extension, continuatfon, renewal, amendment, or modificatlon of any Fodoral contract, grant, loran, or cooperative agreement. 2. If tiny funds other Ilion Federal appropriated funds have been paid or will b a paid to any person for infitionolrag or nttompting to Influence an officer or employee of any agency, a Member of Congress, an offlcor or omployea of Congress, or an employee of a Member of Congress in connection with thle Federal contract, grunt, loan, or cooperative agreement, Rite undersigned shall complete and submil Standard Form. LLL, "Disclosure Dorm to Report Lol,laying," In accordance with its Instructions. 3, The underalgned shall require that the language of this cerilflcallon be Included in the award documents far all subawards Ot nli tiers (EnClUdOg subcnn}raels, subgrants, and contracts under grants, loons, and cooperative agreements) and that all subrealplents shall eerlify end disclose accordingly. This certification is a material reprosanlatlon of fact tipon which reliance was placed when this transaction wars made or entered Into. Submisslon of this cerilficatlon Is o prerequisite for making or entering Into INS lfansaction Imposed by 31 U,S.C, § 1362 (as ornended by the Lobbying Disclosure Act of 1995). Any person who falls to file Ilia requirrad certification shall be sub)eol to a civil penalty of not less than $10,000 and not more thon $100,000 for each such failure. Tile Contractor certifies or affirms rho truthfulness and accuracy of Bich statement of Its cortllloation and disclosure, If any, In addition, the Contractor understands anti agrees that the provisiorts of 31 U.S.C. § 3801 st seq., apply to this certification oi)d disclosure, if any. Contractor (Firm Nerno) 819notury at ConkTLlctoi'@ Authorized official Nabs and Title of Contractors Authorized Offlclal Bata m 0 0 M N 0 z m F- m 0 0 _ 0 _ 0 R _ m E E 0 U a) W Packet Pg. 194 11.B.6 FIXED TERM SERVICE MUI~TI-CONTRACTOR AWARD AGREEMENT # 23-3076 ti far .� . 0? M N "Beach Compalible SAnd Supply far EmoNency and Malntonance THIS AGREEMENT, made and entered into on this day of by and between VULCAN CONSTRUCTION MATERIALS LLC , authorized to do business In the State of Florida, whose business address Is 1200 Urban Center Drive, Birmingham, AL 35242 , (the "Contractor") and Collier Caurty, a political subdivision of the State of Florida, (the "County"): WIT NE$$ETH; 1. AGREEMENT TERM, The Agreement shall be for a three (_3. � year period, commencing [] upon the date of Board approval; or ❑ are - 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 (i2 ) additional one (_1 ) year(s) periods, The County shall give tite 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 her designee, may, at her discretion, extend the Agreement under all of the terms and conditlons contained in this Agreement for up to one hundred and eighty (180) days, The County Manager, or her 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 LIE Purchase Order p Netieo-to-Proeeed. 3. STATEMENT OF WORK, The Contractor shall provide services In accordance with the terms and conditions of [. I egl�est-fo+� Rr pos€ri-(RFdF) 00 Invitatlon to Bid (IT13) ❑ Other - - ( ) # 23-$p7E- including all Attachment(s), 1=xhiblt(s) and Addenda and the Contractor's proposal referred to herein and made an Integral part of this Agreement. Lf The Contractor shall also provide services in accordance with Exhlbit A - Scope of Services attached hereto. viigu 1 or 17 Fi,,ad Turui Service 2022 Vcr.3 Packet Pg. 195 11.B.6 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 arnended, and Procurement Procedures in effect at the time such services are authorized. ti 12 N The procedure for obtaining Work under this Agreement Is outlined in Exhibit A - o Scope of Services attached hereto. N L T-h"rooedure4or-obtaining-WoriFunder- this--Agreement-isro�RilRed-Ire [J O#her �x#�Ibit�Attaaf�na�^r,�-� - •� 8A © T-he•Gotaiity-•r�eser�/ep,-the-right4"pecify n.&aGi.) tRegkieet far-Quete#iens:- he pe-r ed o;�ee��apietlen eolleetien-e� liq+�4tc-elemages-ire-the-ever+t-oblate-oal+gletien; end-tl�e Rr�aa-Methed ologeieo#ad-i rr4-1- 4. THE AGREEMENT SUM. The Caunty shall pay the Contractor for the performance of this Agreement based on Exhibit B- 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 "Focal Government Prompt Payment Act". 4.1 Price Methodology (as selected below); t_-�,mp-~gum-�-�ixed-#�rlor�);-A--fir-ea-fixed--total-price-of#ewilag-for-a-projeot; #tie--Ifsi4s-are tr�lnsfer-reel-f�orri-#he-Gour�ty-icy--##�e-aonfraa#w�r�rld�s-a-busi ries5-pr�e#Isc-r--#k�e�-ere-ria beurly--or--material-irwc�laee-fir-seert#e�-�ther�he--sar�trac�to�-m ras#-pe�fc�r�-to--floe eatisfa rrtter�-e�t�le-Go u�-►t�-p r�aJee���a sag er-�efere�paymen t#o r-t#�e-i+xod-p�4 so-oe�'t is"a�►tYrori�ed- � �Ilane-and-1lltatarlaJs-'C�+e-JGeu�+i�r-��r�er�to-faay-the�nntr�skor-#c����ie�acaunt�� Iak�or� tfr�a e-spew-theicent�actar�r�+plo}�ec�s-a r�si-su i�aorr#r�et•qr�o-per#or�-k�►ewer�IF¢p�ar�ber c f err ttr es-harrr�y-�- tt)-nnd-for-mate Nale-an"qutpl a rt�rsed-in-k> e-# KaJet t-( esf of matG4alp"plt4 --he-aontr-aotw-!F-markup) hirr4nothadolo s-generally-used-lr+pr-ejests4n which-i#-is-not-possihic�to-eoaklr�#sly-esti+r+ate-#�o-si�e-ef��e-prvjeot, ar-when-it�expaak�d that-tt�e,-projeat�r�{uirer�errts"+n�o�aid-rr�ara#-llleelyL-oM age—A�-a-g enerat-b�Fsi�aess--praotlee; these ent nets include-i ael�-lip-dast�r r ti r # ast r vo+oa�weatd-i ell�de rr aber af- ie�lrs--worded-end-biNang- rt --fay-posi +ar 4and ftiot-eomporay--(ter subGoetraeter-y tlrnekeepin"r-payr-PI4- evvrd$ la#exraat-ems egr�iprr+an#-lr�v�ia aw�#�otie�-r i r�bur able doau m e►�tet3 er-�-€a r--the-p r� j e NO Unit Price: The Caunty agrees to pay a firm total fixed price (Inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product cr service delivered (f,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). Yugo 2 cal' 17 Nxul' um Nvivice hiulli•ConlrmAnr Agreculi;K 2022_Vo'..1 Packet Pg. 196 11.B.6 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are Included In their budget(s), 43 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 o after completion of the Agreement. Any untimely submission of Invoices beyond the 0? specified deadline period is subject to nonpayment under the legal doctrine of "lathes" N as untimely submitted. Time shall be deemed of the essence with respect to the timely z° submission of invoices under this Agreement. _ 4.4 The County, or any duly authorizer) 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. 4-.5 E] (eheGk if, plioable� l-arid-f alFt�k�ur ak�le- pe�ses7 suet -aid Reimburse ble-�xper-rses`-riaust�i�e-�ppraved�+ri--adr�e•-ire•-wri#ir�g-�y-tire-Cau�t�+—T�a�et Qaepor�sea-steal I-tye-reim t7 �a r� od-a�,-per�eettcata�••��4C�--t~Is�#ats- l�eir� btwr�se�enta-�Fi�ll-be•-at•-tt�e-fellavu4�g-�ate�: Mileage - C04-.6- - er-mJ e RrealOOM WOO l=uneh $-I ,09 'Dinner $4-8;04 AAJO,are Aatuakieket-nest-timited--to-teurie"- -eaaeh else RerAal-ear Artuet--rer t l-cost—liaa itc �l --te -eer rpeet -er sta pd a rd--sl�o-vek�l slee �edg�g Actual-aQst-Q#�Qdgir�g-at�lagl6-evs�►panc�y-rite with-a-cra • • f-�,a-rr�ore-t�+ar�b��per-night Rarl� ,Act�tei-oo�t-a� arl�{r-, . ��Ixi-awAlrpor- -Um- ousino Aat�►el-�a+�st-of either-taxi-4_ r �l' ivrl-lir ousit e Relinbumble-itemr�,nther-than#r l--peneeer-&+aH-be-IImiter#-to4he-feIlow! rig=telephone long-llstane"Iiarge fa�c $fear es; pheteeapying slaer s-arid-pee�tage---I burs role lteme`will-b"airewly--aft.er-Gentraater-hae-provided-al4-eeelpts. Contr-aetar shall -be r�sponsiiale-far�ll-Qtl�ar-oasts-a��ct-sxpensesr-aesoeiateel�l#t��ativitic�s--i�r►d-eolla+k�flar� +ender-t�lcert-pal �uaat-te- �I�as--Agee t� er;t- 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 subdlvlslon 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 # 66-6016966631C. ['ngc 3 of 17 1)xcd'I•crn1 Survi4L' Nllll�l C'+anlrn4l�lChgfccanelt� 2[1 2_V4r.� f' I Packet Pg. 197 11.B.6 6. NOTICES,. All notices from the County to the Contractor shall be deemed duly served If mailed or emalled to the Contractor at the fallowing: Company flame: VULCAN CONSTRUCTION MATERIALS, LLC ;° Address: PO Box 101131 0 Atlanta, GA 30392 N Authorized Tent: _Walter Crabtree, .Manager - Operations Support__ Attention Name & Title: Brian Dunmire, Manager - Credit & Collections Telephone: (904) 380-00651(004)355-1781 ex, 2065 E-Mail(s): crabtreaw@vmcmall.com 1 dunmireb vmcrnail.com All Notices from the Contractor to the County shall be deemed duly served If rnalled or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director, Bath Johnssen Division Name: Capital_ Project Plan ningllmpact Fees/Program Management Address: 2685 Horseshoe Drive S Naples, FL 34104 Administrativa AgenVIRM: Andrew Miller, Manager - Coastal Zone Program Telephone; 239 252�2922 E;-Mall(s): Andrew, Miller CollierCount FL.Goy The Contractor and the County may change the above malling 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 shell 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 218,60, 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. 11u8t; d nr 17 14MI TUMI Scrviav Mulll•Cnntractc)rAarcctncnl 21M.-VoO Packet Pg. 198 11.B.6 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, COLinty or municipal ordinance, rule, order of 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 o County or Its authorized representative shall deem any conduct on the part of the 0? Contractor to be objectionable or improper, the County shall have the right to suspend the N Agreement of the Contractor. Should the Contractor fall to correct any such violation, z° 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 the suspension period until the violation has been corrected to the satisfaction of the m County, r 10. TERMINATION. ShOLIld 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall he 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 or any other class protected by federal or Florida law. 12, INSURANCE. The Contractor shall provide insurance as follows; A. X Commercial G neral l.iabilit : Coverage shall have mininium limits of $1,000,000 Per Occurrence, $ 000,000 aggregate for Bodily Injury Liability and Property damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability, B. # Business Auto t..labilit : Coverage shall have minimum Ilmlts of $ 1,000,_000 Per Occurrence, Combined Single Limit for Bodily Injury liability and Property Damage Liability. This shall include: Owned Vehicles, Mired and Non -Owned Vehicles and Employee Non -Ownership, C, W Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the nppllcabie state and federal laws. The coverage must Include Employers' Liability with a minlinum limit of $ 1,000,000 _ for each accident, 11aip 5 of 17 Piud Turm lvrvice N106-Cnnlrnc{ar Agrooftill2022_*0 Packet Pg. 199 11.B.6 D: ❑ Professional-WabIll, tvY-Shall-be-maintained-by-ti c-Got;trioter-tt neuFe-its-legal Iiat�ility-#or-olairne-t�raof ng-ouk-of-the-porfor'r�n��--e�pr�feseivnal-slses-�r+der--th+s Ag eer er�t--Gor�tra tor�ru'a+wes-its�ight-ef-reaovary-agarIst-Gee,nty-a"o-any-elai�-r&-Under• t#�ie, �n+s�Ire -sash-itsurraae s#alkve-+lar�itQf-et�ie�s"tlaan-,�_ eaef� elai�+-aw�r�-agg�egatt�: f � o 00 l ybar-Llabllit over-age-shall-ha�n-llnimum-lirnits•of-$ per•ola0m; N r R ❑ shalkhave-Minh- vm- -llF00- der-Ala#rr rQoverage G ❑ : T_ - ;-Govarage 5ha0ave-mitt mum-1imRe,-c4-$ par-elai" sEitrN-tieve min++ ar -iiw its ai $ per;slalm Special Reaulrements; Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Molder 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) clays prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (3Q) 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 Ilmits 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, lasses 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 Wilized by the Contractor In the performance of this I'agc {Y ill'.{ l iee(ITtriu Sarvlec.Multi-CmitinvturAurcontuht 2922_Ver.3 Packet Pg. 200 11.B.6 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 o County, M N 13.1 The duty to defend under this Article 13 is Independent and separate from the duty to z6 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 Immedlately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to Indemnify and defend tinder this Article 13 will survive m the expiration or earlier termination of this Agreement until It is determined by final judgment r that an action against the County or an indemnified party for the matter indemnified c hereunder Is fully and finally barred by the appllcabie statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Capital Project PfaiyiingJlmpaci_Fees/ProUrarti Management 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 A reement as If herein set out verbatim, Contractor's Proposal, Insurance Certificate(s), [* Exhibit A Scope of Services, Exhibit B Fee Schedule, ERV-N A ITB/❑ Ot-h #23-BO76 , including Exhibits, Attachments and Addenda/Addendum, Jubsequeni quotes, and ❑M Other Exhibit/Attachment:.Grant Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to khe 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 Commissloners. 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 III, 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 frorn 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, t'k1�t,C � i7I 17 Fix-ed 1'urm Nvrvim MiPM-( mitmulm A)arvonosit Z022 fVer.3 1r7 Packet Pg. 201 11.B.6 including but not limited to, submitting bids, RFP, and/or quotes; and, a, 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 0 comply, at Its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, Including N but not limited to those dealing with the Immigration Reform and Control Act of 1986 as z° located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statutes, §448,095: taxation, workers' compensation, equal employment and safety Including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law E Chapter 119, if applicable, including specifically those contractual requirements at F.S. § r 119.0701(2)(a)-(b) as stated as follows: o 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: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 262-8999 Email: PublieRecordRa nest c colliorcraunt fl.c OV 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 duratlon 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 I`�Igc 8 nr 17 r � Plxed Toren finrvlvo Mu 6-0 mtriicloi ASreomerit 2022_Vur..1 ; Packet Pg. 202 11.B.6 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 agancy's custodian of public records, in a format that is compatible with the o information technology systems of the public agency. M N If Contractor observes that the Contract Documents are at variance therewith, it shall z° 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. 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 opinlon 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; (0) failure of Contractor to make payment properly 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; (# 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, If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the suboon tractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company of other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership Interest, directly or Indirectly. 23- ❑ Gt.-E-AN-UP.--GontraGtor-agrees-tomkeep-the--Rr-ejert�ite-elea4--at-alt-tilr►es-of-debris rubt3ish--ar+d�tcclkerielG-�r€sipg-Gut-of-the�V�1Gr-k: Pit tho-Gompat�tinrr-o#-the-VWowi�; Cowtr�Gtor-sliatl-rQtt�c�ve-alkiebrig; rubbish-,apd�waGte-r��fewlall�-fr�rrran�i�It�Gut�ho-l��o�Got Glto�s-weirs all�#ooi ppiit�noes oenGtruGtia"gtilpment-and-Ineslilne"r4d--skirplkiz rnete�+GlG; God-shall-leave-the-Rr=a�eot-slt�-eloan- �yf�gc r) olI rlxcd Tom %cj5,JvU Mlilli•ConlincLor Aamumal 2022, VV0 I' Packet Pg. 203 11.B.6 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 o deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects Is riot in the best interest of the County. N 25, 0 WARRANTY, Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended, Goods shall be dellvered free from any security Interest or other lien, encumbrance or claim of any third party, Any services provided under this Agreement shall be prov'Aed in accordance will) generally accepted professional standards for the 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 Contract Documents shall be applied, Installed, connected, erected, used, cleaned and conditioned In accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, 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 impaled warranties to which the County Is entitled as a matter of law, 2,& [] TEST-9_-A.IO-IN8RE-rT-10Ng -4--tie--Copti:art-Docurnento-er-ar;y--seder -laws prelinaneos; -ales,-a�r�g gala flans-caf�y-I�i� tills-a�rtficir�i�aving�u risdict4an-c�►er-tl�e•f�rvjeot reqLlir +ny-p rt�en-of-the -V it -tube--speoifieally�-ir pasted µ #es#ed r ppreved; C=or�tr et�a�sl� ii-a�eame #�+i�r spar ii it+ty-N�er far r; pay�a&costs•-ire-eenAeotionAerewith and4urnfol,--tithe--Cow!a y-floe-%quIred--eer-ti#ioatesrof-inapeMlen-tee#in"r--appreval inapeotiens; tests �r-apprtiwa4e--ehell e-per#argued-ita-a-manaar- rsl y-a gani atiana aeeepteble4e44&Ge unty: [] ARaT-E-G-T40N4:W-W0R-K A -Contractor l elI�fuIIy-pr�teet-th�o- Vo tea-Ioss-ar-damage-and--%hafl-beakhe-mot af-ar�y--sercl-�utess-ar�ar�rage--�Iflti!-fi�al-payrrre�r#-Fier-been--r�a,rle:--If-Gorriraetor or• a nyone-fer-whorn--Contractor-is-leg ally-Liable-ie-respenolbic-fog-any--Ivas-a"a rnag e te-tFie-I�or�;--er,--other--war•I�-car-r•�ateri$ Is--of--tie•-��•o unty-e r�our�tapa rite �ntraQtor�-Gorr•tr�oter-sl�ali�be--ah�r�ged-wl•t�i-t�r�-sar�re; arid-any-monls�-�eoesaary to--r�ptooe--�is+�lase-o r--da+�a gs�-I F-be--ct ed�rete�#--#ro rrrary+--a�d�ra�s-der r�tc� Gentmeter- 1'.1�u 10 0l' 17 FlvcJ r'u[III S«rvlccMill ll• 011Y 1f11001`Ag1CCi11&1112022_VCi•,I :: i Packet Pg. 204 11.B.6 2,Ge ►tr-actor-siaall-not-lead-ner per•+r►it-any-�aart-o#+rry-s#ruoture-ke-beLLlnadeci-i+� rry marlrrar-that-will-enciar�ger-#I�o-skruet+�re-r•+ar-ei�a 41-6ar�#i•�atnr-�ubjaok--any-par�vf-##3� W�►r�-end j2�ent-�rtepe�ky-to-skt`ess ��-v r-pr�ss�es-tl�t-will-er-�c#agger�t; 6-6vntraatar-sfia#t-r�vt-filet+.orb-an�r-i�en�ir+�afl�-�at�l�li�Fiecf-by-�I�e-6our�t:y-vwt�-r�s-peat o te--the-i ejeet-� �antr etar r skrdear tr�lot ;ages#e-c+r- nyar e; for -whom �o Gentietcr-is�feally tia��+�s theour�ty'e-envhrarlEs;-Gorltetcr-sha41 N ifed4��tc4�+-eetkf-t►e-Ge�+r�ty -The-�e�rnty-eilall-restablisl�t+ae-deeshr+arr�d Z Gentrator-poll-be lile for-al}-aoste"inal�rd-by�tMe-Gour�t�+-assvoiatod--ttaerewEth 28, SUBMITTALS AND SUBSTITUTIONS, Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 20. CHANGES IN THtr 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, invalld, or otherwise unenforceable, In whole or In part, the remaining portion of this Agreement shall remain in effect, 31. ADDITIONAL .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 declsion-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 Circult Court Mediator certified by the State of Florida, The mediation shall be attended by representatives of Contractor with full declsion-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 medlation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla, Slat. 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 i'nge I 1 nr' 17 Fixer/'I'eill SCrvI".Mill IIGOlnrueiurAgrmnot2022 Ver.3 Packet Pg. 205 11.B.6 or state courts In Collier County, Florida, whlch courts have sole and excursive Jurisdiction on all such matters. 34, ❑ I<�Y R�1�5QNIV�t� Thv �arltr�c#or'S persotlrlel�anet-1t�ar�agefr�ent to -be -utilised -far t-his-proje6t shall--be-ki-iowledgeable-ire hem-areas-of-e per#dse- Tire-Coan"sorve"-1e o right-te-perforr•Ii-investlgatigneras--m- 0? erons-wife utiliecl in-tine-pererrrlar�se-ef the Agreer�ant T��e-Gerrtretvr-sfaliig> N psal}eoleteeesrtoom{let tt�e setdoes-vn-a-tirae4y basiancea+ersetf Z as�igr�eci-sfiail�e-available-for ate-arr�o�lrat-of-tir�ae-adegk�ate-to-��4e� tfie-rect�air�d-st3�ioe date+s--�•i�-�sntrastor-e#jai!-r}et-�haw�e-K�•y-Perep�l�el�r-�lass-#fie-followfr3g-aondit4o�-r�r� °�° lr►et�1�--FirapaEed-�eplaseme�lt�i�a�r�absterltiali�t4�e-�ar�or-better q�l4f4e2�tions arad/vl�xper�enoe-(-tia�t-tlae-�o+�r+ty-is-ratified-i+��vratir�g�s-far-ire-adv��lre-��c�sible•: m �f7e-Contraotorei�ell-�al�e-cel�ar�lsrclaliy-r�asarraE}le-e�#arts-tv-rtiotif�r-�alllef'�awntywUitk�lra Y saver��a�-o�t+�e-elaarge: �f�e-Geur�j-ribs-firal�pproval-o#-pwpasvd-replasc�r�erat o pers'Ganel: r �] AGREEMENT 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. ❑ pFDi*I-IR1`�D�N- its -tide -avert -of any sor�i4iobetwaera-arrr}eng tl�e-terfls o€-ar�y-of-tt7e•-�ontraat--Dr�sur�er+te-tbo-#er�e-of-eoi}si#a#lvr�; the-Ge1-rt�aato�-f�ipol; arar o -f; re-6al�wt + s-B a l appr vats- �iEee t�v /MOP tire-Gvetrast-0€�skrr�arrts-tea# to Ise-preeedesee- (t• ORDER OF PRECEDENCE Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shell 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 Contract Documents cannot be resolved by application of the Supplemental Conditions, If any, or the Agreement, the conUct shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 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, It 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 Prip12or17 Fixed Taint Service Nluld.0 onlraclnr ApmnonI 7022_Vur.1 Packet Pg. 206 11.B.6 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 0 maintain records on each employee and make them available to the County for at least 00 four (4) years. All of Contractor's employees and subcontractors must wear Collier County N Government Identification bodges at all times while performing services on County z° fao€lines 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. m The Contractor shall Immediately notify the Collier County Facilities Management Division via a -mall (DL-FMOP@a. colllergov.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 $500 per incident, 38. A$F.ETY, All Contractors and subcontractors performing service for Collier County are required and shall comply with 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 ally 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 projeut. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (tntentlorrally loft blank -signature page to follow) Hxu l Tonn Srrvlcc Ay,,camuu12R22—Vo[.3 Packet Pg. 207 IN WITNESS WHEREOF, the parties 11ereko, by an aUthorized parson or agent, hav13 executed this Agreement on the date and year first written above. ATTEST: Crystal K• KInzel, C1e flc of 010 Clrcult Cotirt and Comptroller Dated: --- (SEAL) Catltractor`s Wltnessea: G f Ira A Ines (V%ate kjLOe- ITypelprint witness name C011tractol's Second Witness Walter Crabtree Typelprint wltriees namet Approved as to form and Legality: County Attorney Print Name BOARD or COUNTY COMMIssIONERS COLLIER COUNTY, FLORIDA By' Chairman —I it l-oCastr+a VULCAN CONSTR JOTION MATERIAII;l LLC Contractor Vulcan Materials Com an DBA Bye signature �Typelprint slgnAtUtO and titleT 1%p 14 o f 1 I'Ix�d'1'Vnn gtrviet+Muff•(:ui�Uu�lnrh6rcomun4242R�Ytr.9 ti 0 0 M N Packet Pg. 208 11.B.6 Exhibit A Scope of Services Q following this page (pages throticgh ) o OP this exhibit Is riot applicable N ('ago 15 of 17 1'i.eCd 1'erno SCrY14� hiuili-Cn,iu�icRur pgruuumut ?022_V4r.1 Packet Pg. 209 11.B.6 Invitation to Bid (ITB) "Beach Compatible Sand Supply for Emergency and Maintenance" EXHIBIT A SCOPE OF SERVICE$ Background The County currently has three permits approved for upland sand sourws: Stewart's Immokalee mine, Vulcan's Witherspoon mine, and CEMEX's Lake Wales mine. It is assumed that the sand will have up to a 5% moisture content, leading to a relationship of 1.5 tons/cubic yards for sand delivery from the pit. The supplied sand must meet the requirements of the County's existing 15- year Beach Nourishment permits as well as the County's technical sand specifications. Scope of Worlc The awarded Contractor(s) agrees to supply beach compatible sand for emergency re -nourishment projects of the County's beaches, Quantities of sand needed will vary project to project depending on current beach conditions. Emergency re-nourishments may require larger quantities up to or exceeding 1 million cubic yards for a single project. The intended plan is to perform emergency truck haul renourishments as needed after storms or other events causing major erosion of the County's beaches, with sand being purchased by the County directly from the supplying sand mine, A separate contractor will be responsible for pick-up, delivery, and placement of fill material for each maintenance project. This approach will be advantageous to the County by ensuring that material is available and ready to meet emergency project needs. Emergency Projects; The County has declared a certified public emergency for the construction of a sand berm along eligible Collier County beaches for the protection of upland structures left vulnerable by Hurricane Ian, and from the danger of tropical storms during the upcoming 2023 hurricane season, and beyond. These emergency projects are divided into the North and South projects. The services provided throughout this Agreement shall be awarded on a Primary/Secondary/Tertiary basis as follows: Emergency Berm — North Project Emergency Berm — South Project Primary Contractor: Vulcan Construction Materials, LLC Primary Contractor: Stewart Materials, LLC Secondary Contractor: Stewart Materials, LLC Secondary Contractor: Vulcan Construction Materials, Tertiary Contractor: Garcia Mining Company, LLC LLC Tertiary Contractor. Garcia Mining Company,LLC Page 1 of 1 �0 Exhibit A — Scope of Services Packet Pg. 210 11.B.6 Exhibit B Fee Schedule following thfs page (pages ' through _ ) �y1l�C 1(f (11� l7 Fixed Tom ,crvjcu Ml1III- m1jf11dpr AB(oo it 202„Vurl A� 0 OP M N Packet Pg. 211 11.B.6 Invitation to Bid (ITB) #23-8076 "Beach Compatible Sand Supply for Emergency and Maintenance" EXHIBIT B FEE SCHEDULE VULCAN CONSTRUCTION MATERIALS, LLC Line Description Unit Price ft 1 Price of Sand Per Ton: $7,00 Emergency Berm — North Project Emer enc Berm -- South Project Primary Contractor: Vulcan Construction Primary Contractor: Stewart Materials, LLC Materials, LIX Secondary Contractor: Vulcan Construction Secondary Contractor: Stewart Materials, Materials, LLC LLC Tertiary Contractor. Garcia Mining Tertiary Contractor: Garcia Mining Company, LLC Company, LLC Page 1 of 1 Exhibit B — Fee Schedule ti 0 M N Packet Pg. 212 11.B.6 Description, Other rxhiblVAttachment Grant Provisions and Assurances ■❑ fallowing this page (pages - 1 through 13 this exhibit Is not applicable PEISIC 17 of 17 fixed Tenn Survicu 2022..Vcr.3 Packet Pg. 213 11.B.6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUULIG ASSISTANCE ti 0 The supplemental conditions contained In this section are intended to cooperate with, to supplement, and 00 to modify the general conditions and other spoclficatlons, In cases of disagreerrnent with any Other sectlon N of this corrtracl, tho Supplemental Cond€lions shall govern. This is an acknowledgement that FCMA Anaricial z assistance will be used to fUnnd all or a portion of the contract. _ Pursuant uniform requirements of federal awards (2 CFR Pail 200.23) the definition of CONTRACTOR is an entity that receives a Contract l Purchase Order, Compllance with Federal Law, Re{lulatlorts anti Execrative Orders; The Sub -Recipient (Counly) agrees to Include In the subcontract that (1) the subcontractor Is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (II) the subcontractor Is bound by all oppilcable state and Federal laws and regulations, and (ill) the subcontractor shalt hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and regUred by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract In accordance with the following cgovornincg regulations along with all applicable Federal law, regulallons, executive orders. FEMA policies, procedures, and directives. o 2 C,F.R, Part 200 Uniform Administrative Requirements, Cast Principles, and Audit Requirements for Federal Awards o 44 C,F,R, Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U,B,C, 5121 et seq„ and Related Authorlttes o f EMA Public Assistance Program and Po1cy Guide I;xl•ir[irr i • i Packet Pg. 214 11.B.6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records. The contractor agrees to provide the County, the Florida Department of Emergency Management, Ilia FEMA Administralor, the Comptroller General of the United Stales, or any of their authorized representative's access to any books, documents, papers, and racords of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcrlpilona. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by arty means whatsoever or to copy excerpts and transcriptions as reasonably needed, (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language In this contract Is Intended to prohibit audits or Internal reviews by tite rIEMA Administrator or the Comptroller General of the United States. Affirmative 5ocioocortiormic Steps If subcontracts are to be let, the prime contractor Is required to take all necessary steps Identified In 2 C.F,R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus Brea flans are used when possible, Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allowable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags. The contractor shall not use the OHS seal(s), logos, crests, or reproductions of flags or likenesses of DH5 agency officials without specific FEMA pro- Approval. The contractor shall include this provision in any subcontracts. Domestic Preferonce for procurements 200.322 As appropriate and to the extent consistent with law, the non-Federai entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or uae of goods, products, or materials produced In the United States (Including but net limited to iron, aluminum, steel, cement, and other manufactured products), The requirements of this section must be Included In all subawards Including all contracts and purchase orders for work or proc;trcts under this award. For purposes of this section: "Produced In the United States" means, for Iron and steel products, that all manufacturing processes, from the initial meifing stage through the application of coatings, occurred in the United States. "Manufactured products" means Items and construction materials composed In whole or in part of non-ferrous metals such as aluminum, plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, Including optical fiber; and lumber. License and Delivery of Works Subject to Copyright And Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license In date first produced In the performance of thla contract to reproduce, publish, or otherwise use, Including prepare derivative works, distribute copes to the public, and perform publicly and display publicly such data. For dsla required by the contract but not first produced in the performance of this contract, the Contractor will Identify such data and grant to the County or acquires on Its behalf a license of the same scope as for data first produced In the performance of this contract. Data, as used herein, shall Include any work subject to copyright under 17 U.S,C, § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or Images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the Courtly data first produced In the performance of this contract and data required by the contract but not first produced In thn perlormance of this contract In formats acceptable by the County, No Obligation by Federal Government: The Federal Government is not a party to this contract and is riot subject to any obiigettons or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract, EXHIBIT I.2 Packet Pg. 215 11.B.6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Problbition on Covered Telecommunlcattons Equipment or Services (a) Definitions. As used in this clause, the terns backhaul; covered forelgo cotintry; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or o essentlal component; and telecommunications equipment or services have the meaning as defined In M rEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecon}mLinlcatlone N Equipment or Services As used in this clause — z (b) Prohibitions. m (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub, L, No. 116-232, and 2 U-113. § 200.216 prohibit the head of an executive agency on or after Au9.13, 2020, m from obiigating or expending grant, cooperative agreement, Ioan, or loan guarantee funds on cerfaln r telecommunications products or from certain entities for natlonel security reasons, c 0 (2) Unless an exception in paragraph (c) of this clause applies, the contractor and Its subcontraotors may r not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency .5 Management Agency to: S (i) Procure or obtain any equipment, system, or service that uisos covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (Ili) Enter into, extend, or renew contracts with entities that use covered telecommunicatlons equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of Its performance of this contract, subcontract, or other contractual Instrument, pry equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, (c) Exceptions. (1) This clause does not prohibit contractors from providing — (1), A service that connects to the facilities of a tNrd-party, such as backhaul, roaming, or interconnection arrangements; or (11). Tafecomrnunlcvtions equipment that cannot route or redirect user data traffic or permit visibility Into any user data or packets that such equipment transmits or otherwise handles, (2) By necessary Implication and regulation, the prahlbltions also do not apply to: (1). Covered telecommunications equipment or services that: 1. Are not used as a substantial or essential component of any system; and Il. Are not used as critical technology of any system. (11). Other telecommLinlcatlons equipment or services that are not considered covered telecommunications equipment or sefvlces, (d)Reporting requirement. (1) In the event the contractor Identifies covered telecommunications equipment or services used as a substantial or essentlal component of any system, or as critical technology as part of any system, during contract performance, or the contractor Is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the reclplenl or subreciplant, unless elsewhere in this contract are established procedures for reporling the Information. (2) The Contractor shall report the following Information pursuant to paragraph (d)(1) of this clause: (1) Within one business day from tho date of such identification or notiflcatlon: The contract number; the order number(s), if applicable; supplier name; supplier unique entity Identifier (If known); supplier Commercial and Government Entity (CAGE) code (If known); brand; model number (original equipment manufacturer EXHIBIT I.3 i Packet Pg. 216 11.B.6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); Item description; and any readily available Information about mltlgatlon nciions undertaken or recommended. (11) Within 10 business days of submitting �? the Information In paragraph (d)(2)(1) of this clause: Any further available information about mltigalion e 00 actions undeftal= or recommended, in addition, the contractor shall describo the offorts It undertook to M prevent use or submission of covered telecornrrrunlcatlons equipment or services, and any Additional efforts N that will be Incorporated to prevent future use or submission of covered telecommunications equipment or services. z (e) Subcontracts. The Contractor shall Insert the substance of this clause, Including this paragraph(e), in m all subcontracts and other conlractual Instruments, -0 m Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges r that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the c contractor's actions pertaining to this Contract. r r Rights to Inventions Made Under a Contract or Agroomont: Exempt from FEMA Public Assistance .5 Funding — L Suspension and Debarment: (1) This contract Is a covered transaction for purposes of 2 C.F.R. pt, 180 and 2 C,F.R� pt. 3000. As such the contractor Is required to verify that none of the contractor, its principals (defined at 2 C.F.R, § 180.996), or its affiliates (defined at 2 C.F.R, § 180.05) are excluded (defined at 2 $ C,F.R. § 180,040) or disqualified (defined at 2 C.F.R. § 180,036). (2) The contractor most comply with 2 0 C,F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with .2 these regulations in any lower tier covered transaction It enters Into, (3) This certification Is a material representation of fact relied upon by the County. If It is later determined that the contractor did not comply with 2 C,F,R, pt. 180, subpart C and 2 C.F,R, pt. 3000, subpart C, In addition to remedlos available to the E County, the Federal Government may pursue available remedles, including but not limited to suspension E and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C,F R, pt, 180, 0 subpart C and 2 C.F,R. pt, 3000, subpart C while this offer Is valid and throughout the period of any contract that may arise from this offer, The bidder or proposer further agrees to include a provision requiring such compliance In Its lower tier coverer; transactions. c v Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, N the Contractor shall make maximurn use of products conlalning recovered materials that are EPA - designated Items unless the product cannot be acquired--- Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a U reasonable price, Information about this requirement, along with the list of EPA-deslgriated items, Is j available at EPA's Comprehensive Procurement Guidelines webpage: f„i htlps:llwww.ops.govlsmrnlcomprehonslve- procurement-guIdol lne-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenlonco (over$10,000). See Standard Purchase Order and/or Contract Terms and Conditions Byrd Antl-Lobbying Amendment (31 U.S.C. § 1352 (as amanded) (over $100,000): Contractors who apply or bld for an award of $100,000 or more shall file the required certification. Each tier Certifies to the tier above that It will not and has not used Federal appropflated funds to pay any person or organization for Influencing or attempting to Influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress In connection with obtaining any Federal contract, grant, or any other award covered by 31 U,S,C. § 1352, Each tier shall also disclose any lobbying with non -Federal funds that takes place In connection with obtaining any Federal award. Such dlscicsures are forwarded from tier to tier up to the reciplent." EXHIBIT 1- 4 Packet Pg. 217 11.B.6 EXHIBIT I rEOriRAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certificetlon to the County with each bid or offer exceeding $100,000. See Cortific€rtions and Assurances and the and of this dooument, Contract Work Hours and Safety Standards Act (40 V.8,0. 3701.3700) (over $100,000). Where applicable, all contracts awarded by the solicitor to excess of $100,000 that involve the employment of mechanics or laborers must Include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 6). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or Involve the employment of laborers or mechanics shall require or permit any such lot orer or mechanic in any workweek In which he or silo Is employed on such work to work to excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked In excess of forty hours In such workweek. (2) Violation; liability for unpeld wages; liquidated damages. In the event of any violation of the clause set forth In paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated darnages. Such liquldsled damages shell be computed with respect to each Individual laborer or mechanic, Including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, In the sum of $27 for each calendar day on which such Individual was required or permitted to work In excess of the standard workweek of forty hours withool payment of the overtime wages required by the clause set forth in paragraph (1) of this section, (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon Its own action or upon written request of an authorized representative of the Department of tabor withhold or cause to be withhold, rrorn any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-asslsted contract subject to the Contract Work Hours and Safety Standards Act, which is held by that same prime contractor, such sums AS may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided In the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contraaotor or subcontractor shall Insert In any subcontracts the clauses set forth In paragraph (1) through (4) of this section and a clauses requiring the subcontractors to Include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paaragrnphs (1) through (4) of this section," For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes In 29 C.F.R, § 5.1 "Farther Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall malnlasin payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, Including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made aavallaable by the contractor or subcontractor for Inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Depnrtn1ent of Labor, and the contractor or subcontractor will permit such reprosentastivea to interview employees during working hours on the Job. EXHIBIT I.5 Packet Pg. 218 11.B.6 EXI-II BIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over M0,000): 1. The contractor agrees to comply with all applicable standards, orders or regulatlons issuod pursuant to the Clean Air Act, as amended, 42 V.S,C. § 7401 at seq. 2. The contactor �? agrees to report each violation to the County and understands and agrees that the County will, In turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and M the appropriate Environmental Proteclion Agency Regional Office, 3. The contractor agrees to Include N these requirements in each subcontract exceeding $150,000 financed in whole or In part with Federal z assistance provided by FEMA. F©drfrat Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all m applicable standards, orders, or regulations Issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seq. 2. The contractor agrees to report each violation to the County and m understands and agrees that the County will, in turn, report each violation as required to assure notification 0 to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency c Regional Office, 3, The contractor agrees to Include these requirements In each subcontract exceeding 0 $150,000 financed In whole or in part with Federal assistance provided by FEMA, Administrative, Contractual, or Legal Romedles (over $260,000); Unless otherwise provided in this contract, all clah-ns, cot.inter-claims, disputes and other matters In question between the local government and the contractor, arising out of or relating to this contract, or the breach of It, will be declded by arbitration, If the portles mutually agree, or In a Florida court of competent Jurisdiction. 0 CONSTRUCTION ACTIVITIES o Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. part .2 60, all contracts that meet the d9finition of "federallyasslgte.ct_.con.str_S�ctl conic Gt" in 41 C.F'.R. § 00-1.3 � must Include the equal opportunity clauso provided under 41 G.F.R. § 60� 1 A. During the performance of this contract, the coniractor agrees as follows: E E (1) The contractor will not discriminate against any employee or Applicant for amployment because of race, 0 color, religion, sex, sexual orientation, gander identity, or national origin. The contractor will taf o affirmative action to Qnaure that applicants are employed, and that employees are treated during employmert without c regard to their race, color, religion, sex, sexual orientation, gender Identity, or national origin. Such Action shall include, but not be limited to the following: N Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, � rates of pay or other forms of compensation; end selection for training, Including apprenticeship. The U contractor agrees to post In conspicuous places, available to employees and applicants for employment, ' >I notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, In all solicitations or advertisements for employees placed by or on behalf of the Q contractor, state that all qualified applicants will receive consideratlon for employment without regard to v race, color, religion, sex, sexual orientation, gender Identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant ti 0 o for employment because such employee or applicant has Inquired about, discussed, or disclosed the N compensation of the employee or applicant or another employee or applicant, This provision shall not apply to instances In which an employee who has access to the compensation Information of other employees or applicants as a part of such employee's essential Job functions discloses the eompensatlon of such other E employees or applicants to Individuals Who do not otherwise have access to such Information, unless such M disclosure Is In response IQ g formal complaint or charge, In furtherance of an Investigatlon, proceeding, r hearing, or action, Including an Investigation conducted by the employer, or Is consistent with the Q contractor's legal duty to furnish Information. (4) The contractor will send to each labor union or representative of worlcere with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising Ice said labor CXHIIBIT I - G Packet Pg. 219 11.B.6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this secllon, and shall post copies of the notice In conspicuous places available to employees and applicants for employment, �? 0 (5) The contractor will comply with all provisions of Executlue Order 11246 of September 24, 1965, and of M the rules, regulations, and relevant orders of the Secretary of labor, N (0) Tho contractor will furnish all Information and reports required by Executive Order 11246 of September 24, '1966, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will perrnit access to Ills books, records, and accounts by the administering agency and the Secretary of tabor for purposes of Investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended In whop or In part an the contractor may be declared Ineligible for further 0overnment contracts or federally assisted construction contracts In accordance with procedures authorized in EXactttive Order 11246 of September 24, 1968, and such other sanctions may be Imposed and reinedles Invoked as provides! In Exactlilve Order 11240 of September 24r 1966, or by rule, regulation, or order of the Secretary of Labor, or es otherwise provided by law. (8) The contractor will include the portion of the sentence Immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) In every subcontract or purohaso order unless exempted by rules, regulations, or ordors of the Secretary of Labor Isslied pursuant to section 204 of EXecutive Order 11246 of September 24, 1966, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, Including sanctions for noncompliance: Provided, however, that in the event a contractor becomes Involved In, or Is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter Into such litigation to protect the Interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEtMA Public Assistance Funding EXHIBIT I. 7 Packet Pg. 220 11.B.6 EXHIBIT I FEDERAL CONTRACT PROVISIONS ANQ ASSURANCES STATE OF FLORIDA PROVISIONS DEPARTMENT OF ENVIRONMENTAL PROTECTION � BEACH MANAGEMENT FUNDING ASSITANC}r PROGRAM w M N Applicable Laws - The County and all lie agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensatl on, licenses, z and registration requirements. The County shall include this provision In all contracts Issued. m Data Collection: The Project shall be conducted In accordance with the terms and conditions set forth :2 under this Agreement, all applicoble Department parmits and the eligible Projecl task Items established m below. All data colledon and processing, and the resulting product dellverables, shall comply with the standards and technical specifications contained In the Departimnt's Monitoring Standards Ior Beach c Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified In ., the approved scope of work for an eligible Project Item. The monitoring standards may be found at: Mo rinse (flaricladsr�,aov1 _ In order to comply with Florida Auditor General report 2014-064 regarding conflicts of Interest and to be consistent with Section 287.057(17)(a)(I), F.S., all monitoring data and statistical analysis must be provided directly and concurrontty from the monitoring contractor to the Florida Department of e3v Environmental Prote all onlCountylperinItteelengineering consultant. The County's engineering 0 consultant must provide an adaq late millgation plan, consistent with Section 287,057(17)(a)(1), F.S,, c Including a description of organizational, physical, and electronic barrier$ to bo used by the County's engineering consultant, that addresses conflicts of interest when contracting multi•discipllnary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post•construction onvironmental monitoring. Environmental CD E monitoring includes hardbottom, s©agrass, and mangrove resources. E Equal Employment Opportunity, No person on time ground of race, Croad, color, religion, national origin, 0 age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination, c Inspector General Cooperation: Time Partles agree to comply witlti Section 20.058(8), Florida Statutes, for N the inspector general to have access to any records, data and other Information deemed necessary to carry out his or her duties and Incorporate into all subcontracts the obligation to comply with Section 20.056(5), Florida Statutes. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying Zile Legislature, 0 I CO) thO judicial branch or a state agency. > 0 Local Preference, Pursuant to Section 256.0991. F.S. Iocel vendor preference is not appllcoble v Physical Access and Inspection; Grantor personnel shall be given access to and may observe and co Inspect work being performed under this Agreement, with reasonable notice and during normal M business hours, Including by any of the following methods; cm I. The County shall provide access to any location or facility on which County Is performing work, or storing or staging equipment, materials or documents. d iL The County shall pernilt Inspection of any facility, equipment, practices, or operations required E In performance of any work pursuant to this Agreement; and, 0 Ill. The County shall allow and facilitate sampling and monitoring of any substances, sollg, materials r or pornmeters at any location reasonable or necessary to assure compliance with any work or Q legal requirements pursuant to this Agreement. Record Retontiont A, Time contractor shall maintain and retain sufficient records demonstrating Its compliance with the terms of the Agreement for a period of at least five (6) years after final payment is LXHIOIT I -8 Packet Pg. 221 11.B.6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES made and sliall allow the County, thin Stale, or Its authorized representatives access to such records for audit pufposes upon request. Statutory Notices Relating to Unauthorized Employment: The County shall consider the emplayment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, Such violation shall be cau► a for unilateral cancellation of this Agreement Statutory Notices Relating to Subcontracts: Pursuant to Sections 287,133 and 267,134. F.S,, the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: Public Entity Crime. A person or affillate who has been placed on the convicted vendor list following ra conviction for a pubilc entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replieson leases of real property toa public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transwO business with any public entity In excess of the threshold amount provided In Section 287.017, F,S., for CATEGORY TWO for a period of 36 months following the data of being placed on the convicted vendorlisl. Ii, Discriminatory Vendors. An entity or affiliate who has been placed on the dlacrImInkalory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the censtructlorl or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform worlc as a contractor, supplier, subcontractor, or consultant under a contract with any public enllty; and may not transact bi isiness with any public entity. iii Notification, The Grantee shall notify Deportenent If It or any of Its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Forlds Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website, Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Dlverslty, at (850) 487-0916. EXHIBIT I.9 co ti 0 ao Cl) N O z m m 0 g 3 ea 0 0 ea d E E 0 0 r Q Packet Pg. 222 11.B.6 EXHIBIT I FFDERAt CONTRACT PROVISIONS AND ASSURANCES Compilanco with Fedoral Low, Regulations, And Executive Ordors and Acknowledgomvni of Foderal Funding cortiflcation This Is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of III& contract. The contractor will comply with all applicable Federal law, rogulption$, executive orders, FEMA policies, procedures, and directives. It the Contractor subcontracts any of the wont required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to Include in the subcontract that (1) the subcontractor Is bound by the terms of this Agreement, (ii) the subcontractor Is bound by all applicable state and federal lows and raqulatlona, And (lit) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the %1)=ntrt ctor's parforinance of work under this Agreement, to the extent allowed and required by law. The County may document In the quarterly report the Contractor's progress In performing its work under this agreement, On behalf of my firm, I acknowledge, the grant requirements Identified In this document. VandarlCantractor Name Vulcan ConstrUctlon Materials, LLC Data 0//0512023 Authorized Signature r Walter Crabtree, Manager, Operations Support IiXMBIT I -10 m r` 0 0 M N Packet Pg. 223 11.B.6 EXHIBIT I FEDERAL CONTRACT AND ASSURANCES -----------------• - PROVISIONS ..._„_...,,,.,......,,.,.,. ,...,.�... CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions ( t) The prospective subcontractor of the Sub-reclpletnt, Collier County, certifies, by submission of this document, that neither It nor Its principals Is presently debarred, suspended, proposed for d0armenl, declared Ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-reaiptetit's subcontractor Is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Vulcan Construction Materials, LLC Signature Walter Crabtree, Manager, Operations Support Name and Title 1200 Urban Center Drive Street Address Birmingham, AL 35242 City, State, Zip C4XGJDN1BYG4 UEI Unique Entity Idenlifler (for SAM,gov verification) 01105/2023 Date Sub-Reciplent Name: Golller County Board of County Cvmmissloners DEM Contract Number: TBD FEMA Project Number; TBD VKH1131T I. 11 m ti 0 0 M N Packet Pg. 224 11.B.6 EXHIBIT FEDERAL. CONTRACT PROVISIONS AND ASSURANU-S CO LLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT lotus w•Ill be YvIritd. Unveriiave slBtu las will requi(a We PRIMI! 10ahhel proNde a tomtd simment of provldo iouico dotumentalion IN at validates a A. PRIME VENDORICONTRACTOR INFORMATION PRIME NAME PRIME FEIO NUNICIR COUTUCT DO141R AMOUFTT Vulcan Materlals Company 20-8579133 $11750,000.00 1ST}iEPSIF.IEAFLORIDA,C Egli FIE 004ADVANTAQEQ. VETRWl V ti ",TMEACTIYITY0PTM15C*hTR✓~ T,._ F.11✓'IORITYORWolmpE 6u.fllEssfullApAw? DBE? Y CONSTRQUION7 N !PPE1r,IRC1'1'16E1 OR NAVE A SMAct DIS40VAN7.4Cfb 6VE111CSSSACCATIFICATIDIEFROM ME5MAILLBUSINE5, Mali' Y N CCIN%l-TATL0IaF Y f�J ADPANISIRA110f1t AS1WtEDISAOUDWiPAN► SDD91 Y tr OTHER? Y N IS taiISSEInpiISi1QN A RVVIST001 V N lip YES, REV SioN NumBIA 1 0, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN•OWNCD, SMALL 13USINESS CONCERN OR SERVICE DISAHLE0 VETEPAN, PRIME 1510 COMPLETE THIS NEXT SECTION DOE M/wht SUBCONIVACTOROft SUPPl1EA TYP(COW011KOR ETTINICITYCODE SUB/SUPPLIER PERCENT OF CONTRACT WMAtt NAME SOU 1 Sce aalow) DOLLAR AMOWT Dol1Arts NIA I NIA I NIA I N/A I NIA I NIA - TorAI& C, SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUMMER DATE HTLE OF SUDMr"m Walter Crabtree January 9, 2023 Manager, Operatlons Support WA1LADUR65 OF PRIME ISUDMII'Ttit TELEPHONE NUMBER FAX NUMBER crabtreew vmcmail,com 407-466-1486 904-791-1806 NOTE! This P1fOtnUllOa IS used to iwk and rupOfl onticillhtad DOE or IAaF porlikipalion in federallphinded contracts. The anticipNed Dist or NI BE 11111008111 V011.11ftlY arld W11 not becelae part of lhrr cantr1CtL1af 101M. T1115 form must be subaliIted M llnle of respenmr 10 h solicit alicil. 1f and 1,, hill AmIdild a CoUnty C-ontriia, tins prlmo will be asytecl 10 uptlatO the IMM111611M fot the titartl c0111101iji$Ct fllds fiIfNICITY 400E 51mll American BA 145dltic American HA FratlyeAnle{halt NA Sulxont,Asian Amarlcan SAA Asian•PadAcAmrican APA Nmm�srnaf a w0mvn TE1d4V Othef: not orally other 1mvp jistedl 0 D, SECTION TO BE COMPLETED 6Y COLLIER COUNTY 0 IPA 0.YFACNTNArAP. I C61.1.IrA rmTPLACT a I lralatt of Pn/alnl I GRANT PROGRA611CONTRAC7 IAGCEPTCD BY: 1 0411; 1 EXHIBIT 1- 12 m r` 0 0 M N k Packet Pg. 225 11.B.6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each I)ld or offer exceedingj $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that; 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or art employee of s+ Member of Congress In connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of Any cooperative agreement, and the exlenslon, contlnuallon, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with tills Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, 3. The undersigned shall require that the language of this cerllneation be Inciudod to the award ducuinents for all subawards at all tiers (including subcortitracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shalt certify and disclose accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered Into, Submission of this certlflcatlon Is a prerequisite for making or entering into this transaction Imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclusure Act of 1995). Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The Contractor certiflas or affirms the truthfulness and accuracy of each statement of Its cerliflcatlon and dlsclosure, If any. h1 addition, the Contractor Understands and agrees IhAt the provisions of 31 U.S.C, § 3801 et seq., apply to this certification and disclosure, If any. Vulcan Constructlon Materials, LLC Contractor (FIrm Name) Signature of Contractor's Authorized Official Todd Vencll, Vice President and General Manager, Florida Maine and Title of Contractor's Authorized Official 01/05/2023 Gate C01111r I. 13 m r` 0 0 M N Packet Pg. 226 11.B.7 l DATE (MM/DD/YYYY) ORO® CERTIFICATE OF LIABILITY INSURANCE 02/22/2023 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 CONTACT 'Marsh USA, Inc. NAME: PHO10 Inverness Center Parkway f.1C, No Exth FAX No): Suite 400 E-MAIL Birmingham, AL 35242 ADDRESS: Attn: Laura.G.McLaughlin@marsh.00m (205) 430-6118 INSURER 3 AFFORDING COVERAGE NAIC X CN102620992-SE-REG-23-24 INSURERA: Old Re blic InsuranceCo 24147 INSURED INSURER B : N/A N/A Vulcan Construction Materials, LLC PO Box 385014 INSURER C : Birmingham, AL 35238-5014 INSURER D : COVERAGES CERTIFICATE NUMBER: ATL-005570451-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR LTR TYPE OF INSURANCE iugn SUER POUCYNUMBER MM DDPOLICY/YYYY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY MWZY312014-23 01/01/2023 01/01/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE rx-1 OCCUR DAMAGE TO PREMISES EaENTED occurrence $ X MED EXP (Any one person) $ Contractual X Subject to $50,000 SIR/claim PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,00(i,000 POLICY JET LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY MWTB312011-23 01/01/2023 01/01/2024 COMBINED SINGLE LIMIT Ea accident $ 1 BODILY INJURY (Per person) $ X1ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAB $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? N (Mandatory in NH) N / A MWC312015-23 / 01/01/2024 X PER oTH- STATUTE ER 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 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Agreement No. 23-8076 , Beach Compatible Sand Supply for Emergency and Maintenance - Certificate Holder is included as additional insured as their interest may appear on the Automobile Liability and General Liability policies evidenced herein, but only with respect to liability caused, in whole or in part, by operations of the Named Insured, where required by signed contract. Liability insurance is primary and noncontributory to other insurance of the additional insured, where required by signed contract. GtKIIYIGAIt P1ULUtK GANGtLLAIIUN Collier County Board of County Commissioners 3296 Tamiami Trail East 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 i12'azQCi 2LSr� %ice. © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 227 11.B.7 ORO® AGENCY 'Marsh USA, Inc. POLICY NUMBER CARRIER %DDITIONAL REMARKS AGENCY CUSTOMER ID: CN102620992 LOC #: Birmingham ADDITIONAL REMARKS SCHEDULE NAMED INSURED Vulcan Construction Materials, LLC PO Box 385014 Birmingham, AL 35238-5014 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Page 2 of 2 NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS (GL & Auto) A. In the event this policy is cancelled for any permissible reason, other than for nonpayment of premium, we shall endeavor to provide advance written notice of cancellation to certificate holders set out in the schedule on file with the Company, after notifying the first Named Insured of such cancellation. Notice of cancellation to certificate holders may be made by any commercially reasonable means, including mail, electronic mail, facsimile transmission or courier service. B. This advance written notification of a cancellation of coverage is intended as a courtesy only. Our failure to provide such advance written notification will not extend the policy cancellation dale, nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged NOTICE OF CANCELATION TO CERTIFICATE HOLDERS (WC) A. In the event this policy is canceled for any permissible reason, other than for nonpayment of premium, we shall endeavor to provide advance written notice of cancelation to certificate hollers set out in the schedule on file with the Company, after notifying the Insured first named in item 1 of the Information Page of such cancelation. Notice of cancelation to certificate holders may be made by any commercially reasonable means, including mail, electronic mail, facsimile transmission or courier service. B. This advance written notification of a cancelation of coverage is intended as a courtesy only. Our failure to provide such advance written notification will not extend the policy cancelation date, nor negate cancelation of the policy. All other terms and conditions of this policy remain unchanged. AL'umu rvl (ZUVO/V l) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 228 11.B.7 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY AMENDMENTS TO COVERAGE FORM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. SECTION II - LIABILITY COVERAGE. A. Coverage, 1. Who Is An Insured is revised by the addition of the foliovring. d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any written or oral contract or agreement you enter into which require you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lessor of: (1) The coverage and/or limits of this po#icy; or (2) The coverage and/or limits required by said contract or agreement. B. SECTION li - LIABILITY COVERAGE B, Exclusions, 2. Contractual is deleted in its entirety without replacement. C. The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer Of Rights of Recovery Against Others To Us. We waive our rights against any principal for whom the insured is operating under a written contract when such contract requires a waiver of Rights of Recovery. Work commenced under a letter of intent to work order, subject to subsequent reduction to writing with entities whose customary contract would require a waiver, would also fall within this waiver provision. D. SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions. 7. Policy Period, Coverage Territory, is amended by the addition of (6). The coverage territory is: (6) Elsewhere in the world: Provided the claim is made or "suit' is brought elsewhere than the United States of America, its territories or possessions, or Canada, the company shall have the right, but not the duty, to investigate and settle such claims and defend such "suits". In any case where the company elects not to Investigate, settle or defend, the insured under the supervision of the company shall make or cause to be made such investigation and defenses as are reasonably necessary, and subject to prior authorization by the company will effect to the extent possible such settlement or settiements as the company and the CA 235 001 0711 MWT$ 312011 23 Vulcan Materials Company 01101n3 - 01/01124 Packet Pg. 229 11.B.7 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CIS 20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the fol#owing. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s) Location(s) Of Covered Operations As Required By Written Contract All Projects Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work. on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed: or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 0 Cl) N CG20101219 © Insurance Services Office, Inc.. 2018 MWZY 312014 23 vutCan Materials Company 01101/23-0110V24 Page 1 of 2 Packet Pg. 230 11.B.7 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement: or 2. Available under the applicable limits of insurance: whichever is less. This endorsement shall applicable limits of insurance. not increase the Page 2 of 2 G Insurance Services Office, Inc., 2018 MWZY 31201423 Vulcan Materials Company 01/01123-01/01/24 CG 20 10 12 19 Packet Pg. 231