BCC Agenda 07/23/2024 Item #16C 5 (2nd Amendment for Contract #22-8000 for Quicklime Supply for Collier County w/Lhoist North America of Alabama, LLC)07/23/2024
EXECUTIVE SUMMARY
Recommendation to approve the Second Amendment to Agreement No. 22-8000, “Quicklime Supply for
Collier County,” with Lhoist North America of Alabama, LLC, (“Lhoist”) to increase the fee schedule prices
(Exhibit B1 of Agreement) and authorize the Chairman to sign the attached amendment.
OBJECTIVE: To ensure reliable and fully compliant water services for our customers at the best value.
CONSIDERATIONS: As part of an ongoing cost-containment effort, the Public Utilities Department continues
to analyze all areas of greatest cost-improvement potential to ensure that it provides best value to its
customers. One such cost-containment area is the purchase of chemicals the Collier County Water-Sewer
District (“CCWSD”) utilizes in its treatment processes to produce potable water, treat sewage, and produce
irrigation quality water successfully, compliantly, and reliably. Quicklime is a critical drinking water chemical
used in the lime softening process at the South Regional Water Treatment Plant.
On July 12, 2022 (Agenda Item 16.C.5), the Board awarded ITB #22-8000, “Quicklime Supply for
Collier County,” to Lhoist North America of Alabama, LLC, (“Lhoist”) at a unit price of $355.20/ton. Lhoist was
the sole bidder. The contract allows for price increase requests to be made annually and submitted at least
30 days before the anniversary of the agreement. On July 25, 2023 (Agenda Item 16.C.2), the Board approved
the First Amendment to Agreement No. 22-8000 which resulted in a unit price of $438.71/ton effective through
July 11, 2024.
On June 12, 2024, Lhoist submitted a request for a price increase for the purchase of Quicklime under this
agreement. Staff is recommending approval of Lhoist’s requested price increase as permitted under Agreement
No. 22-8000. The current agreement has one year remaining of the initial three-year term, with two additional
one-year renewal terms. The product will be supplied to the County at the revised unit price of $489.21
(11.52% increase) per ton effective on the third year of the agreement on July 11, 2024, and continuing
through July 11, 2025, with the option for the vendor to seek annual price adjustments thereafter, subject to the
vendor submitting supporting documentation justifying any proposed price increase and the county’s concurrence.
FISCAL IMPACT: The actual amount expended is dependent on the volume of potable water treated.
FY23 actual chemical cost totaled $1,068,641.95. The anticipated annual cost included in the FY24 approved
budget is $1,520,627. Funds are available in the CCWSD Operating Fund (4008). Purchase orders will be
issued only on an as-needed basis. The facility that will use this bid is the South County Regional Water
Treatment Plant.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality, and requires majority vote for Board approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
executive summary.
RECOMMENDATION: To approve a Second Amendment to Agreement No. 22-8000, "Quicklime
Supply for Collier County" with Lhoist North America of Alabama, LLC, to increase the fee schedule price
(Exhibit B1 of Agreement), and authorize the Chairman to sign the attached amendment.
Prepared by: Howard Brogdon, Director, Water Division
ATTACHMENT(S)
1. 22-8000 Contract_Lhoist_FullyExec (PDF)
2. 22-8000 Amend #1_Lhoist_FullyExec (PDF)
3. Collier County Price Modification Request 06.11.24 (PDF)
16.C.5
Packet Pg. 609
07/23/2024
4. 22-8000_Amend#2 - Draft (DOCX)
16.C.5
Packet Pg. 610
07/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.5
Doc ID: 29434
Item Summary: To approve a Second Amendment to Agreement No. 22-8000, "Quicklime Supply for Collier
County" with Lhoist North America of Alabama, LLC, to increase the fee schedule price (Exhibit B1 of
Agreement), and authorize the Chairman to sign the attached amendment.
Meeting Date: 07/23/2024
Prepared by:
Title: Plant Manager – Water
Name: Howard Brogdon
07/16/2024 10:53 AM
Submitted by:
Title: Plant Manager – Water
Name: Howard Brogdon
07/16/2024 10:53 AM
Approved By:
Review:
Public Utilities Department Vincent Dominach Level 1 Department Review Completed 07/16/2024 11:10 AM
Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 07/16/2024 11:23 AM
Public Utilities Operations Support Katrina Lin PUD Reviewer Completed 07/16/2024 11:31 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 07/16/2024 5:26 PM
Procurement Services Sandra Srnka Other Reviewer Completed 07/17/2024 7:12 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/17/2024 8:25 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/17/2024 8:46 AM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 07/17/2024 10:14 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 07/17/2024 11:19 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/23/2024 9:01 AM
16.C.5
Packet Pg. 611
FIXED TERM SERVICE AGREEMENT
22-8000
for
Quicklime Supply for Collier County
THIS AGREEMENT, made and entered into on this 1 Z 1-h day of J (y 20 22 ,
by and between Lhoist North America of Alabama, LLC
authorized to do business in the State of Florida, whose business address is
5600 Clearfork Main Street, Suite 300, Forth Worth, TX 76109 the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three 3 ) year period,
commencing I I upon the date of Board approval; or on and
terminating on three 3 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
two 2 ) additional one 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a • Purchase Order
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of Request for Proposal (RFP} • Invitation to Bid (ITB)
Other— 22-8000 , including
all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to
herein and made an integral part of this Agreement.
The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
Page 1 of 17
Fixed Term Service Agreement 2022_Ver.1
e
16.C.5.a
Packet Pg. 612 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
transferred from the County to the contractor; and, as a business practice there arc no
is zed-
I I
time spent by the contractor's employees and subcontractors to perform the work(numbef
that the project requirements would most likely change. As a general business practice,
of hours worked and billing rate by position (and not company (or subcontractor}
timekeeping or payroll records), material or equipment invoices, and other reimbursable
Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "Iaches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
Page 2 of 17
Fixed Term Service Agreement 2022_Ver.1
9
16.C.5.a
Packet Pg. 613 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
4,-.5 Travel and
c following rates:
Mi4eage 0.44.5 per mile
8 rea kfast 6.00
1-1-O0
19.00
Aiffare
Rental caf
hedging
eles
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
items will be paid only after Contractor has provided all receipts. Contractor shall be
undertaken pursuant to this 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.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Lhoist North America of Alabama, LLC
Address: 1479 Town Center Drive, Suite 229
Lakeland, FL 33803
Authorized Agent: Kennth E, Curtiss, VP / Philipp Niemann, President
Attention Name & Title: J. Dale James, Sales Manager
Telephone: 314) 614-4950
E-Mail(s): Dale.James@Lhoist.com
Page 3 of 17
Fixed Term Service Agreement 2022_Ver.1
CA
16.C.5.a
Packet Pg. 614 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Water Division
Division Director: Howard Brogdon
Address: 3339 Tamiami Trail East, Suite 303
Naples, Florida 34112
Administrative Agent/PM: Howard Brogdon, Division Director
Telephone: 239) 252-5252
E-Mail(s): Howard.Brogdon@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.
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
Page 4 of 17
Fixed Term Service Agreement 2022_Ver.1
16.C.5.a
Packet Pg. 615 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of the
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. • Commercial General Liability: Coverage shall have minimum limits of
1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. • 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. • 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.
Professionw,l-Lia i atl h maintained by the Contractor to ensure its legal
this insurance. Such insurance shall have limits of not less than $ each
claim and aggregate.
E. ; Cyber Liability: Coverage shall have minimum limits of$ per claim.
F. • Pollution Liability Coverage shall have
minimum limits of $ 1,000,000 per claim.
Page 5 of 17
Fixed Term Service Agreement 2022_Ver.1
16.C.5.a
Packet Pg. 616 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
G- n
minimum limits of$ per claim/Occurrence.
11-1-7 I I Coverage shall have
minimum limits of$ per claim/Occurrence.
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
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Page 6 of 17
Fixed Term Service Agreement 2022_Ver.I
CAO
16.C.5.a
Packet Pg. 617 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Public Utilities Department/Water Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), [III Exhibit A Scope of Services,
Exhibit B Fee Schedule, I I RFP/ 1 I ITB/ Other
22-8000 , including Exhibits, Attachments and Addenda/Addendum, subsequent
quotes, and Other Exhibit/Attachment:
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,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public
Page 7 of 17
Fixed Term Service Agreement 2022_Ver.1
16.C.5.a
Packet Pg. 618 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
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:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(ccolliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
Page 8 of 17
Fixed Term Service Agreement 2022_Ver.1
16.C.5.a
Packet Pg. 619 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
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.
23. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris,
rubbish and waste materials arising out of the Work. At the completion of the Work,
Contractor shall remove all debris, rubbish and waste materials from and about the Project
site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25. WARRANTY. Contractor expressly warrants that the goods, materials and/or
equipment covered by this Agreement will conform to the requirements as specified,a d
the purposc intended. Goods shall be delivered free from any security interest or other
lien, encumbrance or claim of any third party.Any services provided under this Agreement
shall be provided in accordance with generally accepted professional standards for the
Page 9 of 17
Fixed Term Service Agreement 2022_Ver.1
16.C.5.a
Packet Pg. 620 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
particular service. These warranties shall survive inspection, acceptance, passage of title
and payment by the County.
Decu ents.
If within ene (1) year after find nemn
If any Product is found to be not in conformance with the Contract Documents,
Contractor shall correct it promptly after receipt of written notice from the
County. Except for the foregoing provided warranties, Contractor makes no further
warranties of any kind, express or implied, including, but not limited to, any warranty of
merchantability or fitness for any intended use or purpose.
26. • TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the Project
requires any portion of the Work to be specifically inspected, tested or approved,
Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to the County the required certificates of inspection, testing or approval. All
inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
27. 0 PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
to replace such loss or damage shall be deducted from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
Page 10 of 17
Fixed Term Service Agreement 2022_Ver.I
16.C.5.a
Packet Pg. 621 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
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
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. KEY PERSONN€L.The-Contracterls rsonnel and mana^ nt to be ' tilize'+ fe f
this project shall-be-knowledgeable -their areas of expertise. The County reserves the
tigations as-may--be•deemed-necess ompetent
as-made
assigned-shall-be-availa
dates. The ContraotershaIMot change Key--Personnel-unless-the following-conditions-are
met: (1) Proposed replacements have-substantially-the came or better qualifications
and/or experie red ' anceas possible.
Page 11 of 17
Fixed Term Service Agreement 2022_Ver.1
ti
16.C.5.a
Packet Pg. 622 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
pee rsemel.
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 OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
ORDER OF PRECEDENCE (Gra t Funde d) In the event of any conflict bet•evvir--yr---r
a en
eement shall take precedence over the terms of
all-othernts, except the terms of any Supplemental Conditions-shall-take
precedence-ever the-Agreement. To the extent-any-conflict in the ter ntraot
Documen olv pplementa i ,
the Agr ing the more strict or costly
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
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four(4) years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
Page 12 of 17
Fixed Term Service Agreement 2022_Ver.1
1CAO
16.C.5.a
Packet Pg. 623 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
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. El 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.
39. FORCE MAJEURE. If the performance of any part of this Agreement by either party is
prevented, hindered or delayed as a result of unforeseeable causes beyond the control of
the parties, and not due to their fault or neglect, including but not limited to acts of Nature
or of the public enemy, acts of government or the need to comply with governmental
orders or regulations that result in the suspension or curtailment of activities, fires, floods,
epidemics, quarantine regulation, strikes or lockouts, work stoppages or slowdowns, fuel
or electric power or labor shortages, then Contractor or County, as the case may be, shall
be excused from such performance during the continuance of such contingency; provided
that the party seeking to be excused from performance notifies the other party of its
inability to perform in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof and the anticipated time when full performance
will be resumed, or be deemed to have waived any right that party may have had to
request a time extension to perform under the Agreement.
Intentionally left blank-signature page to follow)
Page 13 of 17
Fixed Term Service Agreement 2022_Ver.1
16.C.5.a
Packet Pg. 624 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA
Court and Catrtler
Ce)
By: C By:
Willi L. McDaniel Jr. Chairman
Dated:
a, :
signattite On"
Lhoist North American of Alabama, LLC
Contractor's Witnesses: Contractor
liePat.Gc By: 14h,14-7 eitA)
Contractor's First Witness
l
Signature
il r 1 G I Gl 1 l S on 1TT pe/print signature an d tii e
1
Y
TType/print witness nameT
Contractor's Seco V Witness
ftic \ 00
TType/print wit ss nameT
App ov d as to
Fr a d Legality:
Ze- /Z--
be-p Count Attorney
S} k /LQ
Print Name
Page 14 of 17
Fixed Term Service Agreement 2022_Ver.
16.C.5.a
Packet Pg. 625 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
Exhibit A
Scope of Services
0 following this page (containing
3
pages)
n this exhibit is not applicable
Page 15 of 17
Fixed Term Service Agreement 2022_Ver.1
ID
16.C.5.a
Packet Pg. 626 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
Invitation to Bid (ITB) #22-8000
Quicklime Supply for Collier County"
EXHIBIT A
SCOPE OF SERVICES
The term "Vendor" and "Contractor" may be used interchangeably throughout the Agreement.
BACKGROUND
Collier County's Public Utilities Department South County Regional Water Treatment Plant is seeking vendor/s to
provide Quicklime for the County's water supply.
DETAILED SCOPE OF WORK
1. QUICKLIME - Standard ANSI/AWWA B202 Quicklime and Hydrated Lime of latest revision.
1.1. DESCRIPTION
1.1.1. Lime, commonly called calcium oxide or quicklime, is a white, dry, free-flowing material, ranging in
size from granular to pebble, along with various smaller size fines of calcium oxide, in a homogeneous
mixture used in the lime softening water treatment process to chemically soften water.
1.2. PHYSICAL PROPERTIES: Appearance - white, free flowing powder/pebble mix.
1.2.1. Bulk density - 65 lb./cu ft.
1.2.2. CaO Content-at least 90%.
1.2.3. Size -pebble material ranging in size from powder to 3/8".
1.2.4. Insoluble matter- not to exceed 5%.
1.2.5. Not more than 5% of the fines shall pass a No. 100 U. S. Standard sieve and none will be retained on
a 3/4" sieve.
1.2.6. The material will have sufficient free flowing characteristics to prevent bridging in the storage silo at
the water plant. If the material is found to bridge excessively in storage, this will be sufficient cause to
cancel the contract and award the contract to the next lowest vendor.
1.2.7. The vendor will adjust pricing or issue credits or refunds if it is discovered that an unusual amount of
foreign material is produced by the normal use of this material. The vendor will also be responsible for
any equipment damage(including parts and labor)resulting from foreign materials introduced to the lime
feed system with the quicklime.
1.3. PRODUCT CERTIFICATION:
1.3.1. The material shall be certified as suitable for contact with or treatment of drinking water by an
accredited certification organization in accordance with NSF/ANSI 60.Evaluation shall be accomplished
in accordance with requirements that are no less restrictive than those listed in NSF/ANSI 60.
Certification shall be accomplished by a certification organization accredited by the American National
Standards Institute.
1.4. SAFETY:
1.4.1. The vendor's truck must be equipped to safely handle and unload lime.
Page 1 of 3
Exhibit A—Scope of Services CAn
16.C.5.a
Packet Pg. 627 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
Invitation to Bid (ITB) #22-8000
Quicklime Supply for Collier County"
1.4.2. Safety Data Sheets(SDS)must be provided with the initial order and any time thereafter when a change
in chemical is made.
1.4.3. Vendor must have representative available to respond to technical and safety concerns immediately
via phone or 6 hours to the site.
1.4.4. The vendor will also be required to provide, at no additional cost to the County, two, four (4) hour
training sessions at the County's facility each year that meet the federal and state safety and right to know
training requirements. The education and instruction of the County's operations personnel shall be by a
qualified instructor familiar with the safe handling practices associated with quicklime.
1.5. PACKAGING and DELIVERY:
1.5.1. The quicklime shall be delivered in bulk, by a hopper truck that can be unloaded pneumatically at the
designated plant storage facilities.
1.5.2. Maximum Quantity per delivery: 58,000 pounds
1.5.3. Estimated Annual Usage—3,400 tons
1.5.4. Shipments will be FOB Destination, and received between the hours of 7:00AM and 5:00PM,
Monday through Sunday, within three (3) working days after verbal receipt of the order from the
Collier County Water Division (Includes Holidays).
1.6. DELIVERY LOCATION:
South County Regional Water Treatment Plant
3851 Citygate Blvd
Naples, FL 34117
1.7. UNIT PRICING
1.7.1. A unit price will be submitted by the Vendor(s) for Quicklime. The unit price submittal is to be
inclusive of all costs associated with the scope of work identified, including the product, handling,
transportation and delivery, any containers to be used by the County and provided by the Supplier to
house their supplied chemicals on County property, fuel surcharges, etc.
1.8. PRODUCT ANALYSIS:
1.8.1. Prospective bidders shall supply a complete analysis, with their bid submittal or prior to the Notice of
Recommended Award. The analysis shall include a sieve analysis showing the percent captured on each
size sieve, ranging from a'/4-in. sieve to a#200 sieve. The analysis submitted must show the available
calcium oxide content, slaking time, temperature rise, and insoluble matter content. All analyses shall
be done in accordance with AWWA Spec B-202.
1.9. QUALITY TESTING:
1.9.1. The basis for rejection or re-testing shall be the failure of the lime to produce a 50°F rise in
temperature after three (3) minutes of slaking. This can be done by the operator on each truckload
delivered. A representative sample from the delivery shall be provided by the driver upon each
delivery.
1.10. CAPABILITIES OF THE VENDOR:
1.10.1. The prospective bidders under this agreement shall be actively engaged in the actual production of
Quicklime. The County may request documentation from the vendor to demonstrate their ability to
produce Quicklime and have a reliable distribution channel to deliver at the requested delivery location.
Page 2 of 3
Exhibit A—Scope of Services CA
16.C.5.a
Packet Pg. 628 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
Invitation to Bid (ITB) #22-8000
Quicklime Supply for Collier County"
2. PRICE MODIFICATIONS:
2.1. Price increase requests may be submitted annually (After 365 calendar days from the agreement
commencement month/day). Retroactive price adjustments are not authorized.
2.2. Submit price increase requests in writing by email to the County Contract Administrator 30 days before
the annual contract anniversary date for consideration.
2.3. Vendor shall provide supporting documentation justifying price increases (examples: vendor material
agreements, distributor invoices,proof of fuel increases, etc.).
2.4. County Contract Administrator shall analyze prices to determine increases are fair and reasonable using
the following methods:price competition(reviewing competitive bids or offers),market prices,historical
prices, or independent estimates.
2.5. Vendor shall continue to fill all purchase orders received at the current agreement prices during the
review process.
2.6. Price increase requests are not guaranteed. If approved,the Procurement Director or designee will notify
the Vendor in writing with the effective date of any approved price increases and fee schedule will be
modified with the price change and uploaded to the County's Finance system.
Page 3 of 3
Exhibit A—Scope of Services
16.C.5.a
Packet Pg. 629 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
Exhibit B
Fee Schedule
1
following this page (containing pages)
Page 16 of 17
Fixed Term Service Agreement 2022_Ver.1
16.C.5.a
Packet Pg. 630 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
Invitation to Bid (ITB) #22-8000
Quicklime Supply for Collier County"
EXHIBIT B
FEE SCHEDULE
Lhoist North America of Alabama, LLC
Item Product Description Unit of Measure Price*
1 W-6 Lime Ton 355.20
Price shall remain firm for the first year of the contract
Page 1 of 1
Exhibit B—Fee Schedule
16.C.5.a
Packet Pg. 631 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
Other Exhibit/Attachment
Description:
n following this page (containing pages)
this exhibit is not applicable
Page 17 of 17
Fixed Term Service Agreement 2022_Ver.I
16.C.5.a
Packet Pg. 632 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
AC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
09/30/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
Marsh USA,Inc. NAME:
PHOFAX4400ComericaBankTowerA/C.
NE
No.Ext): A/C,No):
1717 Main Street E-MAIL
Dallas,TX 75201-7357 ADDRESS:
Attn:dallas.certs@marsh.com/(866)966-4664 INSURER(S)AFFORDING COVERAGE NAIC#
CN102388372-Cas-GAWXP-21-22 No INSURER A:ACE American Insurance Company 22667
INSURED
Lhoist North America,Inc. INSURER B:Liberty Insurance Corporation 42404
PO Box 985004 INSURER C:ACE Fire Underwriters Insurance Company 20702
Ft.Worth,TX 76185
INSURER D:AIG Specialty Insurance Company 26883
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: HOU-003030201-45 REVISION NUMBER: 39
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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.
INSRL TYPE OF INSURANCE INSD WVD POLICY NUMBER
POLICY EFF POLICY EXP
LIMITSMM/DD/YYYY) (MM/DD/YYYY)
A X COMMERCIAL GENERAL LIABILITY X HDOG7248244A 10/01/2021 10/01/2022 EACH OCCURRENCE 1,000,000
CLAIMS-MADE X OCCUR
DAMAGES RENTED
PREMISES Ea occurrence) $ 500,000
MED EXP(Any one person) $
5,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000
X PROPRO-
POLICY LOC PRODUCTS-COMP/OPAGG $ 3,000,000
OTHER:
A AUTOMOBILE LIABILITY ISA H25543920 10/01/2021 10/01/2022 COMBINED SINGLE LIMIT $ 3,000,000Eaaccident)
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident)
B X UMBRELLA LIAB X OCCUR TH7-691-468055-071 01/01/2021 01/01/2022 9,000,000EACHOCCURRENCE
EXCESS LIAR CLAIMS-MADE AGGREGATE 9,000,000
DED RETENTION$
A WORKERS COMPENSATION WLR C68919861(ADS) 10/01/2021 10/01/2022 X PER OTH-
C
AND EMPLOYERS'LIABILITY Y/N SCF C68919903( )WI 10/01/2021 10/01/2022
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBEREXCLUDED? N N/A
1,000,000MandatoryInNH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
1,000,000DESCRIPTIONOFOPERATIONSbelowE.L.DISEASE-POLICY LIMIT $
D Pollution Legal Liability PLS 25903335 11/01/2020 11/01/2023 Each Incident/Aggregate 5,000,000
Claims Made
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Re:For any and all work performed on behalf of Collier County
Collier County Board of County Commissioners,OR Board of County Commissioners in Collier County,OR Collier County Government are included as additional insured(except workers'compensation) where
required by written contract.
CERTIFICATE HOLDER CANCELLATION
Collier County Board of Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
3295 Tamiami Trail E. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Naples,FL 34112 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Wea/Zda Z1S 4 9occ.
1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
16.C.5.a
Packet Pg. 633 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
AGENCY CUSTOMER ID: ON 102388372
LOC#: Dallas
ACC1RD ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY
NAMED INSURED
Marsh USA,Inc.Lhoist North America,Inc.
PO Box 985004
POLICY NUMBER Ft.Worth,TX 76185
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance
Named Insureds:
Lhoist North America,Inc./KDM Holdings,Inc.and all owned subsidiaries
ACORD 101 (2008/01) 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
16.C.5.a
Packet Pg. 634 Attachment: 22-8000 Contract_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
16.C.5.b
Packet Pg. 635 Attachment: 22-8000 Amend #1_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
16.C.5.b
Packet Pg. 636 Attachment: 22-8000 Amend #1_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
16.C.5.b
Packet Pg. 637 Attachment: 22-8000 Amend #1_Lhoist_FullyExec (29434 : Quicklime Supply for Collier County)
Florida Sales Office
3616 Harden Blvd, #386
Lakeland, FL 33803
314-614-4950
June 11, 2024
Ms. Sue Zimmerman, CPM
Collier County
3339 Tamiami Trail East, Ste. 302
Naples, Florida 34112
Subject: Annual Price Modification – #22-8000 Quicklime Supply for Collier County
Dear Ms. Zimmerman:
This letter is in regards to the annual price modification for Contract #22-8000 Quicklime
Supply for Collier County. In accordance with the terms of the complete agreement, Lhoist is
proposing to pass along increases in the cost of manufacturing and delivering lime incurred
since the last price change dated June of 2023.
As you will see in the attached documentation (PPI index for Lime Manufacturing), the cost
to manufacture quicklime continues to rise. In addition to these costs, Lhoist has also
incurred increases in terminal charges, CSXT rail rates, and truck freight rates
(documentation also attached). The total of these components equates to an 11.5% increase to
Collier County. If accepted, this would change the delivered price of quicklime to the County
from $438.71 per ton to $489.21 per ton.
Lhoist North America appreciates Collier County’s business and has worked diligently over
the years to keep our costs down. We appreciate the County’s consideration in this annual
price modification request. Should you have any questions, or need additional information,
please do not hesitate to contact me at 314-614-4950 or via email at dale.james@lhoist.com.
Very truly yours,
LHOIST NORTH AMERICA
J. Dale James
J. Dale James
Florida Sales Manager
Enclosures: 4
16.C.5.c
Packet Pg. 638 Attachment: Collier County Price Modification Request 06.11.24 (29434 : Quicklime Supply for Collier County)
Source: U.S. Bureau of Labor Statistics fred.aws.fr8r.orgIndex Dec 1985=100420
430
440
450
460
470
480
490
May 2023 Jul 2023 Sep 2023 Nov 2023 Jan 2024 Mar 2024
PPrroodduucceerr PPrriiccee Innddeexx bbyy Inndduussttrryy::LLiimmee MMaannuuffaaffffccttuurriinngg::PPrriimmaarryy PPrroodduuccttss 16.C.5.c
Packet Pg. 639 Attachment: Collier County Price Modification Request 06.11.24 (29434 : Quicklime Supply for Collier County)
Southern Tank Transport, Inc.
1789 Gardner Blvd
Holly Hill, SC 29059
888-799-1772
Carleen Schaefer January 1, 2024
Supply Chain & Logistics Manager
Lhoist North America
2885 US-31
Calera, AL 35040
Dear Carleen,
This letter is to inform you that the pneumatic truck lime rates for the State of Florida will be
increasing January 1, 2024 by 3%. We value you as a customer and appreciate your business.
Should you have any questions regarding our services, please feel free to call me.
Sincerely,
Jackie
Jackie Murray Atkinson
Vice President of Sales
Southern Tank Transport, Inc.
803-971-9196
16.C.5.c
Packet Pg. 640 Attachment: Collier County Price Modification Request 06.11.24 (29434 : Quicklime Supply for Collier County)
03/4/2024
Lhoist North America of Alabama, LLC
Mr. Dale James, Sales Manager
1479 Town Center Drive
Suite 229
Lakeland, FL 33803
Subject: Increase for 2024 Terminal Handling Charges
Dear Mr. James:
This letter is to confirm our increases for the 2024 terminal handling charges for the following
locations:
US06 - Pompano, FL – went up 4.0%
US16 - Fort Lauderdale, FL – went up 6.0%
US12 - Nichols, FL – went up 3.01%
US11 - Brooksville, FL – went up 3.01%
US17 Live Oak, FL – went up 4.0%
Should you have any questions, please feel free to contact our office.
Respectfully,
Lhoist North America of Alabama, LLC
Carleen Schaefer
Sr. Supply Chain & Logistics Regional Manager - East
16.C.5.c
Packet Pg. 641 Attachment: Collier County Price Modification Request 06.11.24 (29434 : Quicklime Supply for Collier County)
Jerry Gagarin
Senior Account Manager
CSX Transportation - Minerals
500 Water Street – J880
PHONE (904) 359-2223
FAX (904) 245-2962
Carleen Schaefer
Lhoist North America - East Regional Supply Chain and Logistics Manager
3309 Highway 31
Calera, AL 35040
Dear Ms. Schaefer,
This letter is to inform you that the rail rate for delivering water treatment grade quicklime in
covered hopper cars from Calera, AL to FL will increase by 4.6% effective January 1, 2024.
If you have any questions, please don’t hesitate to give me a call at the number above.
Sincerely,
Jerry Gagarin
16.C.5.c
Packet Pg. 642 Attachment: Collier County Price Modification Request 06.11.24 (29434 : Quicklime Supply for Collier County)
Page 1 of 3
Second Amendment to Agreement #22-8000
SECOND AMENDMENT TO AGREEMENT #22-8000
FOR
QUICKLIME SUPPLY FOR COLLIER COUNTY
THIS SECOND AMENDMENT made and entered into on __________________, 2024,
by and between Lhoist North America of Alabama, LLC (the "Vendor") and Collier County, a
political subdivision of the State of Florida, (the "County") (collectively, the “Parties”):
WHEREAS, on July 12, 2022, (Agenda Item 16.C.5), the County entered into Agreement
#22-8000 “Quicklime Supply for Collier County” (the “Agreement”) with Vendor for the purchase of
quicklime required for potable water treatment; and
WHEREAS, the Vendor has requested this increase for the purchase of Quicklime under
this Agreement wherein prices are to remain firm during the first year of the Agreement which ends
July 11, 2023; and
WHEREAS, the Parties approved a First Amendment on July 25, 2023, modifying Exhibit
B – Fee Schedule to allow for an increase in the unit price from $355.20 per ton to $438.71 per ton.
The unit price of $438.71 would be held during the next year of the Agreement through July 11, 2024.
WHEREAS, the Parties desire to amend the Agreement to modify Exhibit B – Fee Schedule
to allow for an increase in the unit price from $438.71 per ton to $489.21 per ton attributed to an
increase in the cost of manufacturing and delivering lime. The price increase request is allowable per
the Agreement. The unit price of $489.21 would be held during the next year of the Agreement through
July 11, 2025.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
1. The above recitals are hereby incorporated into this Second Amendment as if fully set forth
herein.
2. Exhibit B – Fee Schedule is to be deleted in its entirety and replaced by the attached Exhibit
B1 – Fee Schedule.
3. All other terms and conditions of the Agreement, unless modified herein, shall remain the
same.
4. The effective date for this Agreement shall be July 11, 2024.
16.C.5.d
Packet Pg. 643 Attachment: 22-8000_Amend#2 - Draft (29434 : Quicklime Supply for Collier County)
Page 2 of 3
Second Amendment to Agreement #22-8000
IN WITNESS WHEREOF, the Parties have executed this Second Amendment by an
authorized person or agent on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
By: ___________________________ By: _____________________________
, Deputy Clerk Chris Hall, Chairman
VENDOR:
LHOIST NORTH AMERICA OF ALABAMA,
LLC
By: _______________________________
Signature
__________________________________
Type/print signature and title
________________
Date
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
16.C.5.d
Packet Pg. 644 Attachment: 22-8000_Amend#2 - Draft (29434 : Quicklime Supply for Collier County)
Page 3 of 3
Second Amendment to Agreement #22-8000
EXHIBIT B1 - FEE SCHEDULE
(SECOND AMENDMENT)
Lhoist North America of Alabama, LLC
Item Product Description Unit of Measure Price*
1 W-6 Lime Ton $489.21
16.C.5.d
Packet Pg. 645 Attachment: 22-8000_Amend#2 - Draft (29434 : Quicklime Supply for Collier County)