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#22-8000 (Lhoist North America of Alabama, LLC. - Third Amendment)
THIRD AMENDMENT TO AGREEMENT #22-8000 FOR QUICKLIME SUPPLY FOR COLLIER COUNTY THIS THIRD AMENDMENT made and entered into on -lune, 91.4rn , 2025, 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 the 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 the Agreement wherein prices remained firm during the first year of the Agreement which ended July 11, 2023; and WHEREAS, the Parties approved a First Amendment to the Agreement on July 25, 2023, modifying the Exhibit B —Fee Schedule to allow for an increase in the unit price from $355.20 per ton to $438.71 per ton, as permitted under the Agreement, which increased unit price applied through July 11, 2024; and WHEREAS,the Parties approved a Second Amendment to the Agreement on July 23, 2024, (Agenda Item 16.C.5), further modifying the Exhibit B — Fee Schedule to allow for an increase in the unit price from $438.71 per ton to $489.21 per ton, which increased unit price is in effect through July 11, 2025; and WHEREAS, the Parties desire to further amend the Agreement to modify the Exhibit B — Fee Schedule (as presently amended) to allow for an increase in the unit price from $489.21 per ton to $503.89 per ton,with that increased unit price to be effective as of July 12,2025,and continuing through July 11, 2026. 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 Third Amendment as if fully set forth herein. 2. The current Exhibit B 1 — Fee Schedule is to hereby deleted in its entirety and replaced by the attached Exhibit B2 —Fee Schedule, which reflects the increased unit price of$503.89 per ton. 3. All other terms and conditions of the Agreement, unless modified herein, shall remain the same. 4. The effective date for this Amendment shall be July 12, 2025, with the increased unit price running through July 11, 2026. Page 1 of 3 Third Amendment to Agreement#22-8000 CAO IN WITNESS WHEREOF, the Parties have executed this Third 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: 4,4.... .et.,.......4. r� °° y Clerk Burt L. Saunders, Chairman tO '''` ' ,' VENDOR; LHOIST NORTH AMERICA OF ALABAMA, LLC By: N wrs k 14 -✓ Signature ( TType/print signature and titlel' 'Or-c.N\c:x\91S- 1-"Q"\ Date pproved a to form d gality: Scott R. each, Deputy County Attorney,.. ttorn� eT y— Page 2 of 3 S Third Amendment to Agreement#22-8000 EXHIBIT B2 - FEE SCHEDULE (THIRD AMENDMENT) Lhoist North America of Alabama, LLC Item Product Description Unit of Measure Price* 1 W-6 Lime Ton $503.89 Page 3 of 3 Third Amendment to Agreement#22-8000 Contract Renewal or Collier County Extension Request Form CONTRACT RENEWAL OR EXTENSION REQUEST FORM Contract#: 22-8000 Solicitation Title: Quicklime Supply for Collier County Name of Requester: Howard Brogdon Division Name: Public Utilities Water • Company Name: Lho.st North America o`Alabama,LLC Name of Company Agent: K. Curtiss, J.Dale James Vendor Email: Dale.James@Lhoist.com Vendor Phone Number: (314)614-4950 Current Term: July 12,2022 to July 12,2025 Requested Term: July 12,2025 to July 12,2026 SECTION la.APPLICABLE TO RENEWAL SECTION lb.APPLICABLE TO EXTENSION Fill out the Renewal section if there are renewals identified Fill out the Extension section if no renewals are identified and available per the contract. in the contract or if all renewals have been exhausted. Ex:1-1 Yr.Renewal of 2 Ex:No Renewals/Ext Available IZI Request to Exercise 1" 0 Renewal to Exercise an O Request to Exercise Administrative Extension(180 days) Renewal Evergreen O Request to Exercise 2nd 0 Renewal Includes Price 0 Request Extension Beyond the Administrative Extension Renewal Increases (180 days) ❑ Request to Exercise 3rd ❑Increase Accepted by the *If selecting this option,an Executive Summary must be Renewal Division* provided with this form. ❑ Request to Exercise 4th 0 Other: Renewal *The original solicitation document and/or resultant contract must contain a provision permitting price increases.Submit a new request ticket for"Contract Amendment"with supporting documentation accepted by the Division for any renewals with Price Increases. SECTION 2a. RENEWAL AFFIRMED SECTION 2b. EXTENSION AFFIRMED Project Manager/Contract Agent affirms the Vendor meets Project Manager/Contract Agent affirms the following the following requirements: requirements to extend: ❑ That the Contractor has performed in a satisfactory O The extension period is identified in the original manner. solicitation document and/or resultant contract. • The renewal is subject to the terms and conditions 0 The extension period is for the same terms and outlined in the initial contract.Cost and term conditions. modifications are addressed in the original solicitation 0 The existing contract will be terminated upon issuance of document and/or resultant contract. the new contract without further notice. LJ That the renewal is done for a set period of time 0 Any(non-blanket)Purchase Order that extends beyond identified in the solicitation document and/or contract, the expiration date of the original contract will survive commencing at the end of the contract period. and remain subject to the terms and conditions of that contract until the completion or termination of the Applicable only to Price Increases: Purchase Order. The request for a price increase has been evaluated and the supporting documentation justifies the request. SECTION 3.APPROVALS THE VENDOR HEREBY AGREES TO THE SAME TERMS AND CONDITIONS AND IS AN AUTHORIZED AGENT OF THE COMPANY WITH THE AUTHORITY TO EXECUTE THIS FORM ON THE COMPANY'S BEHALF. *If the signer is NOT an authorized agent listed on Sunbiz,please also submit a Corporate Resolution,Limited Power of Attorney,Secretary's Certificate,or notarized letter from one of the listed principals giving that person signature authority. Project Manager/Contract Agent I Signature' Name and Date: / bro don h Digitally signed by brogdon_h I u?v — Date:2025.04.2407:33:40-04'00' Vendor—Authorized Signatory Signature: Name and Date: Mark Milner, 03.20.2025 j/( jv- Prot.urtment Director or Designee's Name: Signature: Digitally signed by Viviana Giarimoustas GiarimoustasViviana GiarimoustasViviana Date:2025.04.28 12:45:05-04'00' Procurement Use Only Approved Renewal Term Approved Term:7/12/2025 - 7/11/2026 Approved Renewal Term with Price Increase Approved Term: ❑Renewal Term with Price Increase is subject to Board Approval Date Board Approved: O Approved Administrative Extension Term Approved Extension Term: ❑Extension is subject to Board Approval Date Board Approved Term: Notes: 1 of 2 one year renewals remaining. Pending BCC approval of price increase. AFFIDAVIT REGARDING LABOR AND SERVICES Effective July 1, 2024, pursuant to§ 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Nongovernmental Entity's Name: 'hoist North America of Alabama,LLC Address: 5600 Clearfork Main Street, Suite 300,Fort Worth,Texas 76109 Phone Number: (800)365-6724 Authorized Representative's Name: Mark Milner Authorized Representative's Title: Vice President of Commercial Operations Email Address: Mark.Milner@lhoist.com AFFIDAVIT Mark Milner (Name of Authorized Representative),as authorized representative attest that Lhoist North America of Alabama,LLC (Name of Nongovernmental Entity) does not use coercion for labor or services as defined in§787.06, Florida Statutes. Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. (Signature of authorized representative) Date STATE OF TEXAS COUNTY OF TARRANT Sworn to(or affirmed)and subscribed before me, by means of a physical presence or O online notarization this 31 day of March , 20_ , by Mark Milner (Name of Affiant), who produtedfrb K -- t5 r1/15,DINP L\ sir0 'M C. Notary Public(n equired when digital) RACFI My Motel� AN t343346 t*30,2e2 Commission Exprres ersonally Known 'OR Produced Identification Type of Identification Produced: WA _ /—"ei `' DATE(MM/DD/YYYY) ACO/ll_)' CERTIFICATE OF LIABILITY INSURANCE 4, 01/O6/2025 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,LLC. NAME: PHOE FAX 4400 Comerica Bank Tower (A/CNNo.Extl: 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 N CN102388372-Cas-GAWXP-25-26 No INSURER A: National Union Fire Insurance Co.of Pittsburgh,PA 19445 INSURED Lhoist North America,Inc. INSURER B: Liberty Insurance Corporation 42404 PO Box 985004 INSURER C: AlU Insurance Comoany 19399 Ft.Worth,TX 76185 INSURER D: AIG Soecialty Insurance Comoany 26883 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: HOU-003030201-66 REVISION NUMBER: 41 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY X 016113215 01/01/2025 10/01/2025 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 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 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ A AUTOMOBILE UABILITY 016113214 01/01/2025 10/01/2025 (Ee accideDtSINGLE LIMIT $ 5,000,000 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 TH7-691-468055-075 01/01/2025 01/01/2026 EACH OCCURRENCE $ 9,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 9,000,000 DED RETENTION$ $ C WORKERS COMPENSATION 016113216(AOS) 01/01/2025 10/01/2025 X STATUTE EOTH C AND EMPLOYERS'LIABILITY Y/N W 016113217 01/01/2025 10/01/2025 ANYPROPRIETOR/PARTNER/EXECUTIVE ( ) E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBEREXCLUDED? N NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Pollution Legal Liability PLS 25903335 11/01/2023 11/01/2026 Each Incident/Aggregate 5,000,000 Claims Made Deductible 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I 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 Wx ZZ S w' '7ozc. I ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD :�j t,�t�J AGENCY CUSTOMER ID: CN102388372 LOC#: Dallas Ate ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,LLC. 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.and all owned subsidiaries. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD