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#23-8076 Vulcan Construction Materials, LLC 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 2 day of feko coanj 2023 , 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 County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing X upon the date of Board approval; or 0 en and terminating on three ( ) 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 E3 Netiee-to-Preeee4. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of E Ree -fer-Prepesa It Invitation to Bid (lTB) LI 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. Poge I or 17 Pixel Term Service Multi-Coritrector Arreement 2022Ver 3 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. 3.2 El The procedure for obtaining Work under this Agreement is outlined in Exhibit A- Scope of Services attached hereto. 3,3 El Theepreeedure-fer-ebtaining-Workrunder-this-Agreement4-eutlined-444El Other Exhibit/Atte s ent: El The-Getthty.feserves-the-right4e-specify-th-eaoh-Requect-fer-Quetationsi-thefierleisl ef-completion; colleetion of liquldated-damages-4-the-event-ef-late-completioni-and-the Priee-Methedelogy-selected-in 4, THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit 8- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): El tvtiM p-Surn-(Fixed-Rrice-y-A-firn“ixed-letai-orice-effering-fer-a-prejecti-the-riskys-are transferred-frem-the Ceunty-te-the-centracteFt-andras-a-busineso-prectice-there-are-ne hourly--er-rnaterial-inveieec-oresontod, rather, the-centracter-muserferm-to-the catiefaction-of-thc Countyls-pnajeet-thanager-before payment-fer-the-fixed-erice-centract is-authorized, El Time-anci-iViateriale-County-agrees-to-pay-the-contracter-fer-the-atheuntef-latier t4thecpent-by-the-centractorts-ernpleyces and cubeentracters-to perform-the-wok-fnurnber ef-houfs-times4leurly-rateirand-for-ffiaterials-anci-ect4ment-used-in-the-prefeet-Ecest-ef materials-ptus4ho-centr-aete4s-rnis-rnethedelegy-is-generally-usethn-erojeets4n whien-it-is-net-possible-te-aecurately-estithatethe-size-ef-the-projeetl-er-wheri it is expeeted that-the-pnajeet-reouirement&-would-most4ikely-ehange-.-Ac-a-genefal-businoss practise; these-eentraets-include back-up-clocumentation-cf-costorinvelees-woutcl-ifietucle-numbef ef-heurs-wer-ked end-Pang rate--ty-pesition-(and-not-eemeeny (or cub-contractor- timekeepirig-er-payroll-reeerds37-thaterial-er-equipment-invoicesr-and-other-reimbureable defktMentatien-foc-the-project. IIII 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 or I'7 Fixed Term Service tvitilu-Contrnetor Agreement 2022Ver.3 ) 4,2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six(6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted, Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 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. 4.6 ❑ (e#sok--if ptizalale)='-avef-and-ReimbUreabls-E*pefee Travel---and Preir r le-Expen~ s must-be p ed-11-advance in writing-by-the unty,--T-ravei moss-shatl-be-felmbiosedas-per--Bastion- l la:Stets- Reimbtwsemen 1 es Mileage , $g.,q ..per-r ile Breakfast $6:-90 ,6Effleh $44--8$ 8irwaer $49 3 Ai4 Aetuaf--tiekct east--Limited--to--teWi&tt--e-er-esaOl class fare Pont-al-ear Aetu rent 4--oosf-limited--to--$et pact or eta dar4saae-vehhisles Aetu s# ledgi t-ei ►gle-geou y-rate with-asap-of-Lae-mere-that-$1 8-per-n{ht Parking ing Actual-east-of parking '-axi-or-Allen-Ligioueine Aetual-east-ef-ei#hcr taxi or airper4-limeusine l eimbiosable-item►s-otl Narkfave c-penses all-f e mited4o-the-f rllewinc„ tale +e long distance oharg , -ehargcc and posta Reim r le r--e tractor as-pro tided--a414eeelpts ontr Thal e responsible far-all--other--costs--a a-expenses associated--with-acl and is-Agreement= 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 # 85-8015966531C. Page 3or17 Fixed ed Term Scrvi¢e Multi-Contractor Agreement 2022_Vor.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: VULCAN CONSTRUCTION MATERIALS, LLC Address: PO Box 101131 Atlanta, GA 30392 Authorized Agent: Walter Crabtree, Manager- Operations Support Attention Name & Title; Brian Dunmire, Manager-Credit & Collections Telephone: (904) 380-0065 / (904)355-1781 ex, 2065 E-Mail(s): crabtreew@vrncmail.com / dunmireb@vmcmail.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: Beth Johnssen Division Name: Capital Project Planning/Impact Fees/Program Management Address: 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 I tired Tel in Service Mill ti-Cnnirsictor Agreement 2022,yer 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 ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor 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 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 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. WI Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ill Business Auto Liability: Coverage shall have minimum limits of$ 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. CI 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. Pop S of 17 l'txerl Term Same tviktItt-Corni actor Agreement 2022_Ver 3 , Profesisi anal-Liability-- hail be-mainta ined-by-th 0-Gen tra otoi4e-en sure-its-4eg at liability fo--olaiFn -arsung- ut-of- e-performance of profession Agreement. Contr tenwaives-lts t reeevefy-egainet-Bounty-ai ate-a+ y-elaindef t ►i raswanee-£ ch insuran i eess-than $ own elai► -and-aggfegate. 6.0 C ber-L-abititv=-Cover,age-shall iaave immoral-limit f-$ �perclairr+ C ;-Coverage shall-have-minimum4imite -Coverage skull-havemini+ m-llnaits of$ pair►- C -:-Comae ehall- ave-minia ite-e-$ -per-claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice, Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Conner:1m Agreement 2O22-„ver,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, This section does not pertain to any incident arising from the sole negligence of Collier County, 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to 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: Contractors Proposal, Insurance Certificate(s), ill Exhibit A Scope of Services, Exhibit B Fee Schedule, 0 RFP4 LII ITBfE Othcr #23-8076 including Exhibits, Attachments and Addenda/Addendum, El subswjuent qetes, and Lii 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 oft? ilxcti 1urm Survive Multietrigractur Agreement 2022_,Ver 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. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, 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 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: PublicRecordRequesWcolliercountyfl.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 or 17 riKed Tvrm Scrvico Mutti-Coninictor Agrc,etrient 2022_Ver.3 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately, 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. - ❑ CAN_I FS--Gehtracter-agrees-to--keep-the-Rr-ojeot-site--clean a alt-fi ef-debris-; tabis nd-waste-mater ar+sDag-eut of-the-Work. At-the-eompletior-af-tiae-Week; Gotltraote l all-remove-all-debris;-ru l isl t d-waste+=Haterials-front-an bout-the-I ra} t site;as-Weil-as-all-toels;-applieaece, ce +str tion-equipment and-mash4RerRd-s$r lue materialo;and shad-leave-tine-Projest-site-clean, Page g of 1.7 Voted Tarn Service Multi-Contractor Agreement 2022yer.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 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, III 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. 26, ID T-EST-S-AND-tt\ISREC-TIONS--tf--the-Gontract--Docurnents-or-any-oodes ordinances, rules-or-regulations-of-any-public-authority-havingiurisdiction-over-theelaroject requires orty-portion of the-Work to-be-speeifically-inspected, tested-or approved; Gentracter-shall-assurne-fuil-responsibility-therefiarerpayeall-costs-in connection-therewith and-furn ish4o-th-e-Gounty-the-req Eli red-oertifiea tes-of-inspectiorr-testin g-or-approv inspections, tests-or-approvais-shail-be-performed-in-a-manner-and-by-organizations acceptableeto-the-County, 27. —PROTECT-ION-OF-WOR-K, A7-e-entractor-sholl4ulty-protect-the-Work4rom loss-er-damage-and sholl b or the cost of-ansuch iess-or-damage-until-finatepayment-has-beenemade. if-Gentroctoreer anyone-for-whom-Contractor is legallyeliable-is-responsible-for-any-loser-clarnage to the--Wo-r-lec3-or-other-werk-or-materials-of the-County-or CO -separate oontraetorse-Gentraeter-shall-beecharged-witnetne-sernerand-any-mortiesenecessany to-replace-such-le-ss-or-domage-enall-be--cieducted-from 3 le-to Contractor, Page lo or ti rixvi Term Service Multi("ollttlictor Agreement2022_Vm3 (C) B7--Gentractor-shall-not--leacl-normperrnit-ony-part-cf-any-structure-to-be--loaded--in-any manner4hat-will-enclangelL-the-structurernor-shall-Gentreeter-subjeet-af-the Work-oadjacent-property-te-stressec-er-precoures-that-will-endenger-it, G. Contraotor--shati-not-clisturb-eny-berichntark establisheel--b ect to the Project. If Contractor, or its subcontraoterci-agents or anyoner-for-whern G-entractor is legally liable, disturbs the- County2c-benenmarksr-Gontractof-sholl immedia.tely•-notify-thc Cs Rty. The-County-shall-re-estabksh-the-benolynerke-an4 Gentreeter-shall-be-liable-for-all-cests-incur-red-Whe-Geun ' ere.*th. 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•Cantractor Agreement 2022yer 3 cf or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. E BEY-PERSONNEL:=he--Contr-aotor's-personnel-and —management—to—be—utilized--for ti ffseprojeet-sfi+ail-be-knowledgeable in their ass-e#-expert+ser--The- unty-reserves-tine dgi teto--perform investigations-as-may-beedeer ed-nesessar-y-tenureetf ateeempete rt persons-wii i-bc ut+lizetl-inetne-peFfer Once-ef-the-Agreement-The-GentFa6ter^hall-assign as-many-people-as esessar-y-try-oem} lete-the-serviees`e -a-ti raely-basis, and-each-person assigned-shall-be-avaitable-far an-an}aunt-of-time-a /equate-to-meet-ti-e- epuired service dates—'he-Gentracto all-not-change i er-sor l less. -the-fetlowi onditions-are metee(-43-Rroposedereplaeements-haveesubstaritiallyethe-oame-or-betterequalifications and/or experience-{ +-that-the-Gotrnty--is-notlfled-in-wr+tirrgos-iari cl ee-as passible; TheµGentraetor-shallernake commerelatly-reasonalale-efforts-to-notify-Gollier-Geunty-withill sever {- ays-of-the-charge. The Countyr-etaino--fir'+al-approval-af-proposed--replaeenaeat personnel; ® 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. [ ORDER O1-PRICE-DENCE--try-the-event-cif-any_eonflist-between-er-among-the-terms ofeaay-ofethe-Gontroot-Documents, the--ter-ryas-of-sQlieitation;-th entractor's Propel; and-lerthe-Goun s-~hoard-approved- eoutiv mat 4ee ntract-Documcnte chaR take.preeedenee; 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 Fitted Perm Service Multi-Contractor Agreement 2022_Vea.3 y 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-FMOPS@colliergov,net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. 38. 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 Moiti-Contr actin Agreement 2022_Ver 3 ('‘ byan authorized person or agent,have executed IN WITNESS WHEREOF, the parties hereto, this Agreement on the date and year first written above, ATTEST: • BOARD OF COUNTY COMMISSIONERS Crystal K.•,Kinzel `Cte'ric of the Circuit COLLIER COUNTY, FLORIDA Court ar.nd C6mptrotler '- ' ;c ,4,—,..., ., 4, (---2lt;;? -------- By: y .,,tit /ill Rick LoCastro , Chairman .4 ?f ,) I Dated; �1 (SEAL r t', VA at to Chairman's Contractor's Witnesses: VULCAN CONSTRUCTION MATERIALS,LLC Contractor Vulcan Materials Company DBA By C s tra or's First tnes Signature 'l.A�. 'J e..�1 \l P 6An. C\e.r. M a Anr t4- t✓ AQ tType/print signature and thief ''Type/print witness namet i%4 .'( Contractor's Second Witness Walter Crabtree tTypelprint witness namet o ed as to m a d Legality: County Attorney int ame Page 1,1 or 17 l'}sc i Tenn fivvitto Mutts-Cnnliuutnr Avemtuut 2022_Yc ri Exhibit A Scope of Services IN following this page (pages 1 through 1 ) E this exhibit is not applicable Page 15 of 17 fixed Term StrYiee Multi-Contractor A grcannt 2022,Yer) (:)0 Invitation to Bid (ITB) "Beach 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 meet the requirements of the County's existing 15-year Beach Nourishment permits as well as the County's technical sand specifications. Scope of Work 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 Exhibit A—Scope of Services Exhibit B Fee Schedule 1 1 following this page (pages through ) Page 16 of 17 Vixed Term Service Multi-Conttoctor Agreement 2022_Ver.3 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 1 Price of Sand Per Ton: $7.00 Emergency Berm—North Project Emergency Berm—South Project Primary Contractor: Vulcan Construction Primary Contractor: Stewart Materials, LLC Materials, LLC Secondary Contractor: Vulcan Construction Secondary Contractor: Stewart Materials, Materials, LLC LLC Tertiary Contractor: Garcia Mining Tertiary Contractor: Garcia Mining Company, LLC Company, LLC Page 1 of 1 Exhibit B— Fee Schedule c�. Other Exhibit/Attachment Description: Grant Provisions and Assurances following this page (pages 1 through 13 El this exhibit is not applicable Page 17 of 17 f ixrd 1 cm Set vice Multi-Contractor Agicement 2022„Vcr 3 EXHIBIT FEDERAL CDNT�ACTPR�VS|UN�ANOASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained |n this section are intended to cooperate with,\w supplement, and io modify the general conditions and other specifications, |n cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEW1Afinandoi assistance will be used hm fund all ora portion of the contract. Pursuant uniform requirements mf federal awards(2OFR Part 3D0.23)the dmfin|Unnof CONTRACTOR io on entity that receives m Contract/Purchase Order, Compliance with Federal Law,Regulations ond Executive Orders;The Sub-Recipient(C to include in the subcontract that (i) the oubnon\xeotn, is bound by the terms of the Federally-F u nded 8ubmwand and Grant Agreement, (U) the subcontractor is bound by all mpp||nah(e state and Federal laws and regulations, and (III) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required bylaw. Specifically, the Contractor oh$|| 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. c, 2 C,F.R. Part 2DO Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards m 44C.F.R. Part 2O8 o The Robert T Stafford Disaster Relief and Emergency Assistance Act, Public Law 03' 288, as amended,42 U.&C. 5121 etneq, and Related Authorities o FEMA Public Assistance Program and Policy Guide � EXHIBIT|'I ��V EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records. The contractor agrees to providethe County, the Florida Department of Emergency 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 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 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 the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps |f subcontracts are hube let, the prime contractor irequired k,(mke all necessary steps identified in2C.F.R. §2OO,321(h)(1)'(S)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 ohanga, modificwhpn, mmnndmen\, 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 uf flags cx likenesses ofDH8 agency officials without opeo|ficFEKaA pre- approval, The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements O0O.322 Ao appropriate and \o the extent consistent with law, the non-Federal wnUk/ should, to the greatest extent procUoob|a under a Federal owonJ, provide a pm/emnto for the purohaua, acquisition, or use of goods, prududs, or materials produced in the United States (including but not limited to |mn, a|uminum, mtee|, 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 from the initial melting stage through the application of coatings, occurred|ntile United States."Manufactured products" means items and construction materials composed|n whole nr|n part of non-ferrous metals such as aluminum; plastics and polymer-based products such aspolyvinyl chloride pipe; aggregates such as concrete',glass, including optical fiber; and lumber. License and Delivery Y Works Subject t Copyright d 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 -- p—'—m--- — � anyis used herein, n works, software and/or'—hall e ` we k �subject copyright . muaio, choreography, images,graphics,sculptures,videos,motion pictures or other audiovisual works, sound and/or video recordings,and architectural works. Upon or before the completion n/this contract,the Contractor will deliver to the County date 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 G nmont:ThoF*dmra|8nvnmmont;onotmpartytoth|000n(reot and inriot 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 l'2 � EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy,#405-143-1 Prohibitions on Expending FEMA Avvird Funds forcovered Telecommunications Equipment or Services As used in this clause— ( ) p/uh|bUions. (D Section 888( of the John 0. McCain National Defense Authorization Act for Fiscal Yoer2010. PubL No. 11D-23%. and 2C.F.R. § 20D.21Gprohibit the head ofmn executive agency onor after Aug.18. 2OQV. from obligating or expending g,on, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Uo|eoV an exception in paragraph (d of this n|auam mppUea, the contractor and its subcontractors may not use gnant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (0 Procure or obtain any equipment, myu\em, or service that uomm covered (a|enommmn|oaUnno 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 acontract tn procure or obtain equipment, system, o,service that muam covered telecommunications equipment orservices as uubxhmnUal or essential component nr any V\ ormn critical technology of any system; (iii)Enter into,extend,or renew contracts with entities that use covered telecommunications equipment or mamio$o as o substantial or auoeNie|component of any oyah»rn, or as ohUnm|technology as part of any system;or (|v) Pmvide, as port of its performance of this nordnad, aubuoninacd, or other contractual inotrumord, any equipment, uystem, o,service that uses covered telecommunications equipment or aem|oou as substantial or essential component of any system,or as critical technology as part of any system. (o)ExompUono. (1)This clause does not prohibit contractors from providing--(i).A service that connects ho the facilities of third-party, such mohuokhou| mmming, or interconnection arrangements; o[ (U). Telecommunications equipment that cannot route or redirect user data traffic nr permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary |mp||noUun and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i Are not used omm substantial o,essential component of any system; and U. Are not used as critical technology of any system. UU. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Rannrt}ngmqu|remont (1) In the event the contractor Identifies covered telecommunications equipment or services used as e substantial or essential component of any system, or as cdUoa| technology as part of any system, during oontnom( Aedormanow, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor ohmU report the information in paragraph (d)(2) of this clause to the recipient or nubrecopen\ unless elsewhere in this oon\nmnt are established procedures for reporting the information. 0D The Contractor shall report the following information pursuant to paragraph (d)(1) of (his clause: (i) Within business d from the date ofsuch idmn\|UomUon nrmoti0codon� The contract number;the order numbor(s). if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known): brand; model number(nhQino| equipment manufacturer ' EXHIBIT|'3 EXHIBIT FEOERAL��NTRA8TPR�V|�k}NSAND ASSURANCES numher, manufacturer part numbar, or wholesaler number); item description; and any readily eUaile Information about mitigation actions undertaken or recommended.(ij)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended, In addiVon, the contractor shall describe the affodw it undertook to 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 nam|cee. (e) Subcontracts, The Contractor shall insert the substance of this n|a#ue, including this panygn*ph(e). in all Subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U,G.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under m Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1)This contract is a covered transaction for purposes of 2O.F.R. pt 180 slid 2CY.R, pt. 3OOO.Ao such the contractor is required tn verity that none of the contractor, its principals (defined a|2C.F.R. § 18O.8&5). nr its affiliates(defined mt2O.F.R, § 18O.805)are excluded(defined$t2 C.F.R. § 18U.940or disqualified (defined mt 2 C.F.R. O180.A3b). (2)The contractor must comply with 2 C.F,R. pd. 18O. subpart C and 2O.RR,pt.3000. subpart C and must Include erequirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a mobyr|m| representation uf fact relied upon by the County. |fiiis later determined that the contractor did not comply with C.F.R. pt. 1BO. subpart C and 2C.F.R. pt. $0O0. subpart C^ |n addition(nremedies available tothe County. the Federal Government may pursue available remedies, including but not limited hoSuspension and/or debarment. (4)The bidder cv proposer agrees to comply with the requirements o/2 C.F.R. pt. 180. subpart O and 2 C.F.R.pt,3O0O. subpart C while this offer in valid and throughout the period of any contract that may arise from this offer. The bidder ur proposer further mgmwo to include o provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§2O0'J23) (Over*1U.000): |n the performance cf this contract, the Contractor ohe|| make maximum use of products containing onmu materials that are EPA- designated items unless the product cannot be acquired—Competitively within mtimmfmme providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this equirement, along with the list of EPA-designated items, Is available mtEP/Ym Comprehensive Procurement Guidelines webpege: hopw:/h*vwv,opogov/smn/oomprehensive'pmourmment'gu|do|ine'opQ-pm8ram. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience(over$10'W00), See Standard Purchase Order ondlmrContract Terms and Conditions Byrd And-Lobbying Amend/nnnt(31 U.S.C. § 1362 (as amended) (uvwr$100.000): Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies|nthe 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 o,employee of any agency, mb r of Congress,oMomm mr employee nfCongress, or an employee ofa 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 disclosures are forwarded from tier ho tier up&o the nnn|p|ent^ - EXHIBIT\'4 � . EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000, See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Apt (40 U.S.C. 3701'3708) (over $100`0 Where ' app||oab|m, all contracts awarded by the solicitor in emcmmo 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 nf Labor regulations(2DOFR Part 9). (1) Overtime requirements.No contractor qr subcontractor contracting for any part cf the contract work which may require n, 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 then 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 |o paragraph(1)o/\hi section the contractor and any subcontractor responsible therefornheUbe liable for the unpaid wuQoa. In addition, such contractor and subcontractor shall ba liable hn the United States(in the case of work done under contract for the District of Columbia or a territory, tu such District or to such terdtu/y) for liquidated damages.Such liquidated damages shall bm computed with respect tneach individual laborer or mechanic, including wat h d guards, employed in violation of the clause aw\ hnhh of this section, in the sum of$27 for h calendar day on which such|nd|vIduo|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 FE&4A 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 tn 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 )n paragraph(2)nf 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 agmuoe requiring the subcontractors tninclude these dmuoen in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the d*umao met forth in paragraphs (1) through (4) of this section." For contracts that are only subject tw Contract Work Hours and Safety Standards Act and are not subject \o the other statutes in2gC.FR. §8�1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor cv subcontractor shall maintain poymUa and basic payroll records during the course of the work and shall preserve them for e 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 ofeach such employee, oou|o| security number, correct c!aomiMootiono, 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, h i 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|'s \'� ' EXHIBIT FEDERALCONTRAOTPROV|0(JN8ANDASGUFQ\NUEG �� Clean Air Act(over$15D'0OU): 1, The contractor agrees ho comply with all applicable standards, orders or regulations issued pursuant ha the Clean Air Act,ay amended,42U.S.C.§7401w\aoc| 2.Thennntmmctor agrees to report each violation tmthe 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. 1 The contractor agrees to Include theme requirements in each subcontract exceeding 3150.0008nmnued in vxhnlm o, in part with Federal assistance provided byFEN1A, Federal VVuho, 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.G.C, 1251 et seq. J, The contractor agrees toreport each violation tV 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 | hy 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 (wvmr *250.0OU): Unless otherwise provided in this onn1,act, all clmimo, 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 C| } Except as otherwise provided under41 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 O.F.R. §80' 1.4. During the performance nf this contract,the contractor agrees mofollows: (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 none, nolo,, rm|igiun, omx, oaxue|or|wn(oUon, gender idonhty, or national origin. Such action shall include, but not be limited Vo the following: Employment,upgrading,demotion,or transfer;recruitment or recruitment advertisi layoff mrtermination; roham of pay or other forms of compensation; and selection for hm|n|ng. Including apprenticeship, The contractor agrees to post in conspicuous p|aceo, available in employees and app||um/do 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 ofthe conhautnr, state that all qualified applicants will nmue|vo 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 anyemployee orappUunnd for employment because such employee or applicant has inquired about, dieuuxnmd, 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 moa part ofsuch 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 dindVauno is in response to o funna| complaint or charge, in furtherance of an |nvaol)QaUon, pnocood|nQ, headng, or actinn, including an investigation conducted by the mmp|oynr, or Is oomsim\mn1 with the contractor's legal duty\o 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 undern(mnding, a notice to be provided advising the said labor EXHIBIT I-6 `' EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers'representatives of the contractor's commitments under this section,and shall postcopies 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 ofLabor. (6)The contractor will furnish all information and reports required by Executive Order 1124GofSeptember � 24. 1885, and by rW|eo, rmgu|ationu, and orders of the Secretary of Labor, or pursuant \bensto, and will permit access to his books, records, and accounts by the administering agency and the Secretary ofLabor 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 orwith 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 {}vderii248 of September 24. 1955. and such other sanctions may be Imposed and remedies invoked as provided In Executive Order 11246 of September24, 1965,orby rule,regulation,ororderof the Secretaryof Labor,or am otherwise provided bylaw. (0)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 Septmrmber24. 1865. so that such provisions will be binding upon each subcontractor or vendor, The contractor will sokm such action with respect to any subcontract orpurchase 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 eem result nfsuch direction hy 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 FEK8A Public Assistance Funding � � ( ".` EXHIBIT FEDERAL CONTRACT PROVISIONS ANDA8SURANOE8 STATE¢F FLORIDA PROVISIONS DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING A8S|TANCEPROGRAM Applicable Laws The County and all Its agents shall comply with all federal,state and| |,e u|mUmno, including, but not limited ho. nondiscrimination, wages, i | security, workers'compensation, U0wnsem, and registration requirements.The County shall include this provision in all contracts issued. Data Collection., The Project mho|| be conducted in accordance with the tmnnn and conditions oedfodh under this Agreement, all applicable Department permits and the eligible Project task items established below. All data ouUeoUon and V,noeoo|nA, and the resulting product deUvorab|em, nhe|| comply with the standards and technical specifications contai d In the Department's Monitoring Standards for Beach Erosion Control Projects(2O14)and all associated state and federal pannbs. um|eanothmmviseapmuified|n the approved scope of work for an eligible Project item.The monitoring standards may be found aL L1iIi0,c1 MnnHndnq(flpriduUeR.Vov) In order to comply with Florida Auditor General report 2014-004 regarding conflicts of interest and to be consistent with Section 287067(1 d statistical analysis mustb provided directly and concurrently from the monitoring contractor to the Florida Department of Environmental Protectioti/Couiitylpermittee/engineering consultant. The County's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(1), FS., 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-discipli nary 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, ohn|| be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected\odiscrimination. Inspector General Coo d 'ThmPartioneQrem|000mp|yw|thSacUnn2U.055(5). Florida Statutes,for the inspector general tu have access to any records,data and other Information deemed necessary¢ucarry 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 ho this Agreement may be expended for lobbying the Legislature, the judicial branch orm state agency. Local Preference: Pursuant to Section 255,0991, F.S. local vendor preference is not applicable Physical Access and Inspection: Grantor personnelshall 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: |. The County shall provide access to any location mr facility on which County |m performing work,or storing orstaging equipment, materials urdocuments, ii The County shall ponn|\inspection of any fad|ity, equipment, prmc±|uau, or operations required in performance of any work pursuant to this Agreement;and, U|. 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 tn this Agreement. Record Retention: A, The contractor shall maintain and retain sufficient records demonstrating Its compliance with the terms nf the Agreement fore period ofat least five (5) yoem after final payment is EXHIBIT|'V � ' EXHIBIT FEDERAL CONTRACT PROVISIONS AND�SSUFANCEO _ made and nhmU allow the County, the State. or its authorized representatives 000aoo to such ra#ooJw for audit purposes upon request, Statutory Nodomm Relating Co Unauthorized Employment: The County shall ounm|dor the employment by any Contractor of unauthorized aliens a violation of Section 274A(e)of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized m|iono, such violation shall be cause for unilateral cancellation of this Agreement Statutory Notices Rollmdng to Subcontracts: Pursuant to Sections 287.183 and 287.134. F.S.. the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i, Public Entity Crime.A person or affiliate who has been placed on the convicted vendor |io\ following a conviction for a public entity ri not submit a bfd, propnmm|, or reply on e contract to provide any goods or oemi000 to public entity; may not submit a bid, proposal,or reply ona 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 publicmn8 of the threshold amount provided |n Section 287.0i7. F.S.. for CATEGORY TWO for aperiod of38 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been Fdooad on the discriminatory vendor list may not submit a bid, pnoposa|, or reply on o contract to provide any goods or namicmo to o public entity; may not submit a bid |, or reply on a contractw|th a public entity for the construction or repair of a public building or public work; may not submit bids, propoae|s, or replies on |emnon of real property to o public andb/; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity, iii. Notification, The Grantee shall notify Department |y|tur any oyits suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor||ot during the |iha of the Agreement, The Florida Department of Management Services is responsible for maintaining the discriminatory vendor ||s4 and posts the list on its vvebo|\w. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office nf Supplier Diversity, e\ (85U)487^U8iS, � � EXHIBIT|'9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law,Regulations,And Executive Orders and Acknowledgement of Federal Funding Certification 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 (iii) 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 Vulcan Construction Materials, LLC Date 01/05/2023 / 4 Or �I /,,1 Authorized Signature w Walter Crabtree, Manager, Operations Support EXHIBIT I-10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (I) 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 Vulcan/ Construction Materials, LLC 1 r'/4 By: `` Signature Walter Crabtree, Manager, Operations Support Name and Title 1200 Urban Center Drive Street Address Birmingham, AL 35242 City, State,Zip C4XGJDNIBYG4 UEI Unique Entity Identifier(for SAM.gov verification) 01/05/2023 Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I-11 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES _ COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT ,tut will be Miffed, Unverdable statuses will require the PRIME to either prorede e revised statement or prp:ide source documentation that validates e A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEIO NUMBER CONT PAC T DOLLAR AMOUNT Vulcan Materials Company 20-8579133 $1,750,000,00 111HE PRIME A fLORIDA•CERTIEIED DIS/iDirAtiTAGED, rETEP,AN Y IS THE ACTIVITY Of TIMS CONTRACT._ MINORITY OR WOMEN bti 11 IfSS Mit kl,foSt? D8E V CONSTRUCTION? rpeErMEEN/611 OR HAVE A SMALL DISADVANTAGED BUSINESS SA CCM CATION FROM/NE SMAtitSUSINESS ?ME V CONSULTATiON? V0 ADMINITTRATION? A SE PtriCE MOLE°VETERAN wits° Y l OTHER? 0 .SDB EA? N 4 IS THiS SUBMISSiON A REVISION> N F YES,REV,SION NUM BE P 1 B. IF PRIME HAS SUBCONTRACTOR OR SUPPUER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION pot m/wctc SUBCONTRACTOR OR SUPPLIER TYPE Or WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT Of CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS N/A N/A N/A N/A N/A N/A TOTALS: 1 C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TOLL Of sutsMITTER Walter Crabtree January 9, 2023 Manager, Operations Support EMAIL AOORESS Of PRIME(SUISMITTER TELEPHONE NUMBER FAX NUMBER crabtreew@vmcmail.com 407-466-1486 904-791-1806 NOTE:This information is used to track and report anticipated OBE or MBE participation In federalledunded crintracts.The anticipated Oat or MBE amount IS VOluntare and wilt not become port oi the contractual terms.This form intro bre submitted at time of response to a solieltation if and v,hen awarded a County contract,the prime will be asked to update the information for the grant Compliance tiles. ETHNICITY CODE Black American BA Hispanic American HA Whet American NA Suborn,Asian American 544 Asian-Pacific American ADA Nonitilinority Women NMW Other:not of any other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT a{if P ot POrlitOi GRANT PROURAWCONTP,ACT ACCEPTED BY: DATE EXHIBIT I- 12 � EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES � LOBBYING CERTIFICATION (To 6e submitted with each bid mr offer exueedAng$1OU,0O0 ' - - The undersigned [Contractor]certifies, to the best of his or her knowledge, that: 1. Nn Federal appropriated funds have been paid or will bo paid, by or on behalf of the undersigned,to any person for Influencing or attempting tu influence unoffivaror employee of an agency, a Member of Congress, ffi 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 Qron(. 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 ur attempting to influence on officer or employee of any agency,m Member of Congress, an officer or employee nf Congress, or an employee of Member nfCongress in connection with this Federal contract, grant, |oen, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL. "Q|ou|usuna Form to Report Lobbying.''in accordance with its instructions. 1 The undersigned shall require that the language of this certification be included in the award documents for all uubewmndmatall tiers (including uubuontrm'±m, oubOrontn. and contracts under grants, |nans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is e material representation of fact upon which no|ianma 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 by31. 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 o o)v|| penalty of not less than $10.000 and not more than $100.000 for each such failure. The Contractor cad|fiou 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 of31 U.S,C. 3801 et meq..apply to this certification and disclosure,|/any. VU|0aD Construction M8t9[|8|S, LLC Contractor(Firm Name) ` Signature oy Contractor's Authorized Official Todd \/eDC||` Vice President and General Manager, Florida Name and Title of Contractor's Authorized Official O1/O5/2O23 Date _ EXHIBIT|' 13 ` ` . _ AccoRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 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: 10 Inverness Center Parkwa PHONE FAX Suite 400 y E-MAILo.Ext): (A/C,No): Birmingham,AL 35242 ADDRESS: Attn:Laura.G.McLaughlin@marsh.com (205)439-6118 INSURER(S)AFFORDING COVERAGE NAIC# CN102620992-SE-REG-23-24 INSURER A:Old Republic Insurance Co 24147 INSURED INSURER B:N/A N/A Vulcan Construction Materials,LLC PO Box 385014 INSURER C: Birmingham,AL 35238-5014 INSURER D: INSURER E: INSURER F: 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. INSR ADDL SUBR POLICY EFF POLICY EXP -- LTR TYPE OF INSURANCE JNSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY MWZY312014-23 01/01/2023 01/01/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X Contractual MED EXP(Any one person) $ X Subject to$50,000 SIR/claim PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY MWTB312O11-23 01/01/2023 01/01/2024 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY AUTOS ONLY AUTOS (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ _ $ A WORKERS COMPENSATION MWC312015-23 01/01/2023 01/01/2024 x PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 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. CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3296 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102620992 LOC#: Birmingham A`ORI$ ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED *Marsh USA,Inc. Vulcan Construction Materials,LLC PO Box 385014 POLICY NUMBER Birmingham,AL 35238-5014 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS(GL&Auto) A.In the event this policy is cancelled for any permissible mason,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 date,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 mason,other than for nonpayment of premium,we shall endeavor to provide advance written notice of cancelation to certificate holders 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. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 following: 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 policy; or (2) The coverage and/or limits required by said contract or agreement. B. SECTION II - 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 settlements as the company and the CA 235 001 0711 MWTB 312011 23 Vulcan Materials Company 01/01/23-01/01/24 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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 following: 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 MWZY 312014 23 Vulcan Materials Company 01/01/23-01/01/24 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 MWZY 312014 23 Vulcan Materials Company 01/01/23-01/01/24