AGREEMENT FOR ‘CONCRETE READY MIX ‘THIS AGREEMENT ("Agreement") is made and entered into as of the date of execution by bath parties, by and between Lee County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Kuhlman Concrete, LLC, ® Florida limited liebilty compeny, whose address Is 2690 Rockfll Road, Ft. Mycrs, FL. 33916, and whose federal tax identification number is 13-4312279, hereinafter referred to as "Vendor." WITNESSETH WHEREAS, the County Intends to purchase various concrete ready mix products from the Vendor (the "Purchase"); and, WHEREAS, the County issued Solicitation No, B170390TM on July 11, 2017; and, WHEREAS, the County evaluated the responses recelved and found the Vendor {qualified to provide the necessary products; and, WHEREAS, the County posted a Notice of Intended Decision on November 7, 2017; and, WHEREAS, the Vendor has reviewed the products to be supplied pursuant to this ‘Agreement and is qualifed, wiling and able to provide all such products in accordance with its terms. NOW, THEREFORE, the County and the Vendor, In consideration of the mutual covenants contained herein, do agree as follows: T, PRODUCTS AND SERVICES The Vendor agrees to dligently provide all products for the Purchase in accordance with the product Specifications made part of this Agreement as Exhibit A, attached hereto end Incorporated herein. Vendor shall comply strictly with all of the terms and conditians of Solictation Na. B170390TJM, & copy of which is on file with the County's Department of Procurement Management an is deemed incorporated Into this Agreement. 11, TERMAND DELIVERY A, This Agreement shall commence immediately upon execution by both the County and the Vendor, and shall continue for a period of one-year. The County reserves the right to renew this Agreement for up to three (3) ‘additional one (1)-year periods, upon mutual written agreement of both parties. Solckation No, #81703807IM Concrete Ready Mie Poge 1 of 16B. A purchase order must be issued by the County before commencement of ‘any work or purchase of any goods related to this Agreement. TIT, COMPENSATION AND PAYMENT ‘A. The County shall pay the Vendor in accordance with the terms and conditions of this Agreement for providing all products and services as set forth in Exhibit A, and further described in Exhibit b, Fee Schedule, attached hereto and incorporated herein. Said total amount to be all inclusive of ‘costs necessary to provide all products and services as outlined in this ‘Agreement, and as supported by the Vendor’s submittal in response to Solicitation’ No. B170390TIM, a copy of which is on file with the County's Department of Procurement Management and Is deemed incorporated into this Agreement, B, Notwithstanding the preceding, Vendor shall not make any deliveries or perform any work under this Agreement until receipt of a purchase order from the County. Vendor acknowledges and agrees that no minimum order ‘or amount of product or work is guaranteed under this Agreement and County may elect to issue no purchase orders. Tf purchase order Is issued, the County reserves the right to amend, reduce, or cancel the purchase order in Its sole discretion. C. All funds for payment by the County under this Agreement are subject to the availabilty of an annual appropriation for this purpose by the County. In the event of nonappropriation of funds by the County for the services provided under this Agreement, the County will terminate the contract, Wwithaut termination charge or other lability, on the last day of the then current fiscal year or when the appropriation made for the then-current year for the services covered by this Agreement Is spent, whichever event ‘ccurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Vendor on thirty (30) days’ prior written notice, but fallure to give such notice shall be of no effect and the County shall not be obligated under this Agreement beyond the date of termination. /. METHOD OF PAYMENT A, The County shall pay the vender in accordance with the Locat Government Prompt Payment Act, Section 218.70, Florida Statutes, upon receipt of the Vendor's invoice and written approval of same by the County indicating that the products and services have been provided in conformity with this ‘Agreement. Solctation No, 8370300128 Concrete Ready Moe Page 2 of 16B, The Vendor shall submit an invoice for payment to the adcress indicated on the purchase order on a monthly basis for those specific products as described in Exhibit A (and the corresponding fees as described in Exhibit B that were provided during that invoicing period. C. For partial shipments or deliveries, progress payments shall be paid ‘manthly In propartion to the percentage of products and services delivered ‘on those specific line tems as approved in writing by the County. ADDITIONAL PURCHASES [A. Na changes to this Agreement ar the performance contemplated hereunder ‘shall be made unless the same are in writing and signed by both the Vendor and the County. 8, If the County requires the Vendor to provide additional product(s) related to this Agreement, then the Vendor shall be entitled to. additional campensation based on the Fee Schedule as amended to the extent necessary to accommodate such additional work or product(s). The additional compensation shall be agreed upon before commencement of any additional services or provision of adaitional product(s) and shall be incorporated into this Agreement by written amendment. The County shall hot pay for any additional product or products provided before a written amendment to this Agreement. Notwithstanding the preceding, in the event additional preducts provided 2s a result of error, omission or negligence of the Vendor, the Vendor shall ‘not be entitled to additional compensation VI. LIABILITY OF VENDOR A. The Vendor shall save, defend, indemnify and hold harmless the County from and against any and ail claims, actions, damages, fees, fines, Penalties, defense costs, sults or labiltes which may arise out of any act, neglect, error, omission or default of the Vendor arising out of or in any way connected with the Vendor or subcontractor’s performance or failure to perform under the terms of this Agreement. B, This section shall survive the termination or expiration of this Agreement. VIL, VENDOR'S INSURANCE [A. Vendor shall procure and maintain insurance as specified in Exhibit C, Insurance Requirements, attached hereto and made a part of this ‘Agreement. '8, Vendor shall, on @ primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Agreement, insurance ‘coverage (including endorsements) and limits as described in Exhibit C Solickation No, #83703907IM Concrete Ready Mie Page 3.016‘These requirements, as well as the County's review or acceptance of Insurance maintained by Vendor, are nat intended to and shall not in any manner limit or qualify the liabties or obligations assumed by Vendor under this Agreement. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best's Financial Strength Rating of As Class VIL or better. No changes are to be made to these specifications without prior written speciic approval by County Risk Management. To the extent multiple insurance coverages and/or County's self-insured retention may apply, any and all insurance Coverage purchased by Vendor and its subcontractors identifying the County as an additional named insured shall be primary. VIII, RESPONSIBILITIES OF THE VENDOR A The Vendor shall be responsible for the quality and functionality of all products supplied and services performed by or at the behest of the Vendor Lnder this Agreement, The Vendor shall, without additional compensation, ‘correct any errors ar deficiencies In its products, or if directed by County, ‘supply a comparable replacement product or service. ‘The Vendor warrants that i has not employed or retained any company or person (other than a bona fide employee working solely for the Vendor), to Solicit or secure this Agreement and that It has not paid or agreed to pay any person, company, corporation, individual, or firm other than 2 bona fide ‘employee working solely for the Vendor, any fee, commission, percentage, git, or any other consideration, contingent upon or resulting from the award of this Agreement, . The Vendor shall comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, coler, religion, sex, or national origin in the performance of work under this Agreement. . Venilor specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records, and shall 1) keep and maintain public records that ordinarily and necessarily would be required by the County in arder to perform the services Fequired under Uils Agreement, 2) upon request from the County, provide the County 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 Chapter 119, Florida Statutes, or as otherwise provided by law; Solctation No. #8170380728 Concrete Ready Mic Poge 4 of 163) ensure that public records that are exempt or confidential and ‘exempt from public records disclosure requirements are not isclosed, excopt as authorized by law; and 4) ‘meet al requirements for retaining public records and transfer, at no ‘cost to the County, all public records In possession of Vender upon termination of this Agreement and destroy any duplicate public recards that are exempt or confidential and exempt from public focords disclocure raquiremente, All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-533- 2221, 2115 SECOND STREET, FORT MYERS, FL 33901, publicrecords@leegov.com; http: //www.leegov.com/publicrecords. , The Vendor is, and shall be, In the performance of all work, services and activities under this Agreement, an independent contractor. ‘Vendor is not ‘an employee, agent oF servant of the County and shall not represent itself {5 such, All persons engaged in any work of services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Vendor's sole direction, supervision and control, The Vendor shall exercise control over the means and manner in which It and its employees perform the work, and in all respects the Vendor's relationship and the relationship of its employees to the County shall be that of an independent contractor {and not as employees of the County. The Vendor shall be solely responsible for providing benefits and insurance to its employees. 1X. OWNERSHIP OF PRODUCTS It is understood and agreed that all products provided under this Agreement shall become the property of the County upon acceptance by the County, X, TIMELY DELIVERY OF PRODUCTS AND PERFORMANCE OF SERVICES A. The Vendor shall ensure that all of its staff, contractors and suppliers involved in the production or delivery of the products are fully qualified and capable to perform their assigned tasks. B, The personnel assigned by the Vendor ta perform the services pursuant to this Agreement shall comply with the terms set forth in this Agreement. Soletation No, #817039079M Conerete Ready a. The Vendor specifically agrees that all products shall be delivered within the time limits as set forth In this Agreement, subject only to delays caused by force majeure, or as otherwise defined herein. “Force majeure" shall be deemed to be any unforeseeable and unavoidable cause affecting the performance of this Agreement arising from or attributable to acts, events, ‘omissions or accidents beyond the control of the parties. 1. COMPLIANCE WITH APPLICABLE LAW This Agreement shall be governed by the laws of the State of Florida. Vendor shall promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations, andl rules relating to the services to be performed hereunder and in effect at the time of performance. Vendor shall conduct no activity or provide any service that is unlawful or offensive, XII. TERMINATION A. The County shail have the rignt at any time upon fifteen (15) days! written notice to the Vendor to terminate this Agreement in whole of in part for {any reason whatsoever. In the event of such termination, the County shall be responsible to Vendor only for fees and compensation earned by the Vendor, in accordance with Section III, prior to the effective date of said termination, In no event shall the County be responsible for lost profits of Vendor of any other elements of breach of contract. B. After receipt of a notice of termination, except as otherwise directed, the ‘Vendor shall stop work on the date of receipt of the notice of termination or other date specified In the notice; place no further orders or sub= contracts for materials, services, or faclities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontracts; and settle all outstanding labilties and clalms, . The County's rights under this Agreement shall survive the termination or expiration of this Agreement and are not waived by final payment or ‘acceptance and are In addition to the Vendor's obligations under this Agreement. XIIL, DISPUTE RESOLUTION A. In the event of a dispute or claim arising out of this Agreement, the parties ‘agree first ta try In good faith to settle the dispute by direct discussion. If this Is unsuccessful, the parties may enter into mediation in Lee County, Florida, with the parties sharing equally in the cost of such mediation. Solctation No. #817038072H Concrete Ready Mix Page 6 of 168, In the event mediation, if attempted, Is unsuccessful in resolving a dispute, the parties may proceed to litigation as set forth below. . Any dispute, action or proceeding arising out of or related to this Agreement will be exclusively commenced in the state courts of Lee County, Florida, or ‘here proper subject matter jurisdiction exists, in the United States District Court for the Middle District of Florida, Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of ‘such courts, including eny objection based on forum non conveniene. D. This Agreement and the rights and obligations of the parties shall be ‘governed by the laws of the State of Florida without regard to its conflict of laws principles, E, Unless otherwise agreed in writing, the Vendor shall be required to continue all obligations under this Agreement during the pendency of a claim or ‘dispute including, but nat limited to, actual periods of mediation or judicial proceedings. XIV. VENDOR WARRANTY A. Allproducts provided under this Agreement shall be new (unless specifically Identifies otherwise in Exhibit A or B and of the most suitable grade for the purpose intended, B. If any product delivered does not meet performance representations or ‘other quality assurance representations as published by manufacturers, producers or distributors of the products or the specifications listed in this ‘Agreement, the Vendor shall pick up the product from the County at no ‘expense to'the County. The County reserves the right to reject any or all ‘materials if, in its Judgment, the Item reflects unsatisfactory workmanship ‘or manufacturing or shipping damage. In such case, the Vendor shall refund to the Caunty any money which has been paid for seme. XV. MISCELLANEOUS 'A. This Agreement constitutes the sole and complete understanding between the parties and supersedes all other contracts between them, whether oral ‘oF writen, with respect to the subject matter. No amendinent, charge ot ‘addendum to this Agreement is enfarceable unless agreed to in writing by both parties and incorporated into this Agreement. BB, The provisions of this Agreement shall inure to the benefit of and be binding tupan the respective successors and assignees of the parties hereto. A party to this Agreement shall not sel, transfer, assign, license, franchise, restructure, alter, or change Its corporate structure or otherwise part with possession or mortgage, charge or encumber any right or obligation under Solctaton No. #8170990T2M Concrete Ready Me Page 7 of 16this Agreement without the proposed assignee and/or party restructuring, altering or changing its corporate structure agreeing in writing with the non-assigning party to observe and perform the terms, conditions end restrictions on the part of the assigning party to this Agreement, whether ‘express or implied, as if the proposed assignee and/or party restructuring, altering or changing its corporate structure was an original contracting party to this Agreement. Notwithstanding the foregoing provision, the Vendor may assign Its rights if given written authorization by the County ‘and claims for the money due or to become cue to the Vendor from the ‘County under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the County. Notice ‘of any such transfer or assignment due to bankruptcy shall be promptly ‘ven to the County. C. The exercise by either party of any rights or remedies provided herein shall hot constitute a waiver of any other rights or remedies available under this ‘Agreement or any applicable lav. D. The fallure of the County to enforce one or more of the provisions of the ‘Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. E. The parties covenant and agree that each is duly authorized to enter into and perform this Agreement and thase executing this Agreement have all requisite power and authority to bind the parties. F. Neither the County's review, approval or acceptance of, nor payment for, the products and services required under this Agreement shall be construed to operate as a walver of any rights under this Agreement or of any cause lof action arising out of the performance of this Agreement. G. If the Vendor is comprised of more than one legal entity, each entity shall be jolatly and severally liable hereunder, 1H. Any notices of default or termination shall be sufficient if sent by the parties Via United States certified mail, postage paid, or via a nationally recognized delivery service, to the addresses listed below: {continued on next page.) Solctation No, #81703907I8 Concrete Ready Mic Poge 8 0 16Vendor's Representative: County's Representatives: Name: Tin Goligos Names: Roger Desarls__ Mary Tucker Drector of Tile: President Tiles: County Manager Procurement Management padrace: FREER WOOT psec 0. Box 308 “Haumee, OF a Fort Myers, FL 93902 Telephone: “419-097-6000 Telephone: “239-533-2201 _——_— 705-593-8801 Facsimile: "419-097-6061 Facsimile; 739-485-2262 739-485-8363 neat TOIGOSKGKURITE gg ; corp _Sdesjarlais@lesgoy.com _mtucker@leeaov.com 1, Any change in the County's or the Vendor's Representative will be promptly ‘communicated by the party making the change. 4, Paragraph headings are for the convenience af the parties and for reference purposes only and shall be given no legal effec. , In the event of conflicts or inconsistencies, the documents shall be given precedence in the following order: 1. Agreement 21 County's Purchase Order 3. Solicitation No. 81703907] 4: Vendor’s Submittal in Response to Solicitation No. 8170390TIM [The remainder of this page intentionally left blank] Solctation No, #817039073! Concrete Ready Moc Page 9 616IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last below written. wimiess: xKuiniman Concrete, signed 6y: Geatheny Duende signed ord wile : print Name: Chelle Dt ern name:—Zeemsele Laer te tite: AFapeeae Date: Les LEE COUNTY Commissioner Cell Pender {eEoumy Sot of Canty Comision Dorit? APPROVED AS TO FORM FOR THE RELIANCE OF LEE COUNTY ONLY: ee hivk Ly ‘OFFICE OF THE COUNTY ATTORNEY Ready x Page 10 of 16EXHIBIT A. SPECIFICATIONS. ‘The Vendor shall furnish and deliver concrete products to the County on an as-needed basis in scvordance with this Agreement and Solicitation No, B170390TIM. DELIVERY REQUIREMENTS Concrete products shal be delivered at designated sites as needed within Lee County as requested. The County reserves the right wo pick up aay of these conerete products as needed. I Vendor circumstances will esa ns ler than scheduled delivery time, the Vendor shall not the County"s eoaet person pertaining to the order no less than two 2) hours prior tothe originally scheduled delivery time. Upon receipt ofthe notfieaton, the County may elect to: 1) Accept a revised delivery time, 2) Cancel the order end order fom alternate vendor. 3) Reschedule the onde: Inthe event the vendor does not notify the County ofa delay within the two (2)-hourpre-llivery time, ‘the County may reject the product at the job site For any rejeted order, the products shall be removed from the job site and transported by the Vendor back tothe Vendor's facility at no expenses or charges tothe County. Any products ordered that are retained by the County for any reason, whether pertaining {os late delivery limeftame or no, shall be paid for by the County and invoiced accordingly. For Ready-Mix Concrete DOT Certified for bridges line items only, the vendors must comply with Seation 346 of THE FLORIDA DEPARTMENT OF TRANSPORTATION STANDARDS SPECIFICATIONS FOR BRIDGE AND ROADWAY CONSTRUCTION, for DOT certified Deliver DESIGNATED CONTACT ‘The Vendor has appointed the following person or persons to acta a primary contact with the County ‘This person or designee shall be readily available during normal work houts by phone or in person, and shall be knowledgeable of the terms and procedures involved inthis Agreement Name: Pat Fey Phone Nurmber: 239-334-3611 Email Address: pfemyakulsiman-corp.com (Gall Phone Number: 259-220-4580 Inthe eveat of major breakdowns or natural disasters, the Vendor has designated the following contact person, who shall afford the County access 24 hous per day, 365 days per yea, fo the products covered by this Agreement. Ifthe Vendor eennot comply with the delivery requirements as stated herein, or in the case of an emergency such a5 @ natural disaster, the County reserves the right to purchase the material listed in this Agsecment outside ofthe awarded contract), Solittation No, #0170390T3™ Concrete Ready Mix Page 18 of 16EXHIBIT B FEE SCHEDULE “The Vendor isthe primary vendor forthe products listed below. The Coonty shall oer ftom the primary vendor frst the, i th primary vendor i unable to provide the product in the tine requied, the County may order te product from The secondary vendor. ‘Awarded rimary or stem, Description Seconda Unit Cost, Realy Mix Oonerte 3000 PSI delivered FOR Doetiation 1_| Couiywide (excluding SnibeVCapdiva and Boes Grande) Pain sonsuicy. Ready-Mix Coperte 3000 PSE ~delivered FOB destination 2__| SauibeuCapuva Primary sion soicy ‘4 | Ready-Mix Coneeie 3000 PST= Tor lat pekup Primary ‘STISOACY Reaj-Mix Conerete 3500 PST delivered FOB destination 5_| Countywide exeluing Sanibe’Capiva und Bora Grand) Primary 95 75 "Ready-Mix Conerele 3500 PSI -delvered FOB destination 6_| woSmibeicapive Prima s1i07sicy, '$_| Ready-Mix Conerele 3500 PSI for plant pickup Primary S80.75/CY ‘Ready-Mix Conerete 1000 PSI-selivered FOB desination | Countywide excluding SanibeiCapiva end Boca Grande) Primary sou7sicy ‘Ready-Mix Conerete 4000 PSI delved FOB destination to 1o_| Sanitelcsptiv Prima SUB ISICY 12” | Ready. Mix Coneate 4000 PSI Tor plant pckup rinay $8.75/0Y ‘Ready-Mix Conerete S000 PSI delivered FOR desiation 13_| Countywide (excloding SanielCaptive ni Boea Grande Pio siovascy ‘Ready-Mix Conerete S000 PSI delivered FOR destration i 14_| SanibevCaptiva Prim s124251cY. 16_[ Realy: Mix Concrete $000 PST For pant pickup Prima SO25/CY ‘Pump Bix 3000 PSI-eiverod FOB destination Couniywide 25_| (excluding SanboliCaptiva and Boca Grande Prima son75ic¥ Pump Mix 3000 PST-deivered FOB destination to 26_| sanibevCapiva Prima sim 7sicy, 25 | Pup Mix 3000 PS-Tor lan pea Prima SELTICY Paap Mix 4000 PSI-dlivered FOB destination Comiywide 29_| (excluding SanibeliCaptiva and oea Grande Pe sio7.001ey ‘Pump Mix 4000 PSt-deivered FOB destination 20_| coptivaSanibel Pa '3122,001CY, 32__[ Pump Mix 4000 PS-for plan pik Prima 92.000 Flowable Fll=non-excavatable delivered FOB desiration 20 | Countywide (excusing Sunibo!Capiva and Boea Grands Prima seiscy ‘lowabe Fill-non-excavatable delivered FOB destination 36 | to SanibelCaptiva Primary s90.59C¥ 56 | Flowable Fill now excavate for lanl pa Prima ‘s700NCY ‘Tlowabl Fill-cxcavatable~ delivered FOB destination 7_| Countywide excloing Sanibe/Captiva and Boca Grade) Primary se4scy Solctaton No, #817039070M Concrete Ready Mic Page 12 of 16EXHIBIT B FEE SCHEDULE {om | Deseription Unit Cost lowableFiexeavaable delivered FOB destination to 38_| SanibevCaptva Pai soo sic¥. 40_| Flowable Fill-excavatableforplam pity Primay | S70.0ucv Rey -Mix Concrete Acceleator-elivered FOB dealiaton 41_| Courts excluding Banibe/Coptva and Booa Grands Pei suisiey ‘Ready-Mix Coneree Acceleafor-elivered FOB destination 42 _| toSaniboVCaptiva Prine susicy “| Realj-Mix Concrete Accelerator for plant pip Primary SLISICY “Concrete Readr-delvered FOB destination Countywide 45_| (excluding SonibeUCaptive end Boca Grande) Primary saouicy CConerte Retardendelvered FOB destination f a6_| SanibeVCaptiva Primary saoucy '48_| Conetete Retarder for pan pickup Primary ‘S400CY 52. [Air Batainmen-for plant pickup Primary Sioowey Filer Mes-elivered FOB destination Countywide 33_| (excoing SanibelCeptiva and Boca Grande) sss0cy S47 [ Fiber Mesh-olivered FOB destiouton to Sanibel Capiva S550CY '56_[ Fiber Mfr plan pickup S550C¥ ‘The Vendors the secondary vendor forthe podoets lite below. The Ci. ‘enor firs: then if the pinay vendor is able to provide the product ia the tine reguired, the County ‘ay onder tho product rom the secondary vendor unt sal ord from the primary “Awarded Primary oF Mem Deseription Secoudat Unit Cost. ‘Air Bnainmont-dalivered FO destnalion Countywide 49 | (ctcluding SanibeVCaptiva and Boca Grande) Second sioouey. ‘A Entainment-deivered FOB destination 10 50_| SanibelCaptiva Secondary | s10.00/c¥. ‘low items are to be charged in adlition to the above unl ost nthe primary and secondary Meme as applicable, If requlred by the County. ‘Hem | Description Vale Cost Bendy Rats Tiuak He pr ba aftr 6D iinsos Yo deliveries Compe ‘s1__| POR destination (excluding SnibalCaptva and Boca Grande). :828.00/Q4r Hour ‘Standby Rate Truck ime per hour after 60 minutes for deliveries FOB 8 _| cetnation wo SanibelCaptve, 35.00/04. Hour Shor-ond fe (ods 6 eabic yards o unde) at Fee fo deliverics made by the vendor in whieh are 6 cubic yrds or under. This ee woul be in addition 460_| to thecos of the materials delivered $9225.00 Fut Fee Solctation No, #8170390T2M Concrete Ready th Page 13 oF 16EXHIBIT B FEE SCHEDULE PRICE FSCALATION the awarded vendor or vendors experience a major price increase from suppliers fr items awarded, the vendor may sbmit a written request co adjust pricing after the ital period of one yea and shal notify the Cauaty in writing within 30 days ofeach renewal of any requests to increase pricing as applicable. All information necessary to review and analyze the requested pre increast must be Submitted in writing to Lee County Procurement Department. Request price increases shall not ‘xeved the Consumer Pri Indox (CP for commodities orator pplienble CPI index oe 3% increase “mount, whichever i less. Lee County has the right to grant he price increase or re-bi out the tem) ft the Counts sole discretion; should prees decreas, the same procedure shall apply. Solctation No, 48170390718 Concrete Ready Mie Page 44 of 16EXHIBIT C INSURANCE REQUIREMENTS Minima Insurance Requirements: Risk Management in no way represents that the insurance ‘egulred i suffice or adequate to protect the Vendor's interest or Uabilites. The following are the ‘required minimus the Vendor must maintain throughout the duration ofthis Contract. The County reserves the righ to request addional documentation regarding insurance provided. 8. Commercial Gen Liabitity-Coverage sal apply to premises andlor operations, preduets and ompted operations indapedent contactors, and contact ably exposures with nium tints of $1,000,000 per oecanenco $2,000,000 neal agarepte {51,000,000 products and competed perations {51,000,000 personal an sversnginiry »b, Business Auto Liability ~The Following Automobile inhilty will be equi and coverage shal ppl tol owned ied and non-owned voices use with minima Limits of $1,090,000 combined snl Fini (CSL) £900,000 body nur per person 1,000,000 bodily injury per ecient $350,000 propery damage per acient ‘Worker’ Compensation Stason benefit as dfined by Chater 40, Fld Sao, acompassing al operations contemplated by this Contract or Agreement ospplyt all owners officers an employes regardless ofthe number of employees, Workers! Compensation exemptions may be accepted with writen roof af the State of Florid's approval ‘ofsuch exemption. Employer" ity wil have minimum limits of 80,000 pe accident 500,00 discs init $500,000 disease ~ policy tint Soltation No, #6170390TIM Conerete Ready Mix Page 5 0f 16EXHIBIT C INSURANCE REQUIREMENTS ‘he cequited minim lini of Habilty shove in a and b. may be provided in the form of Excess Insurance” or “Commariel Uniela Policies In which eae, "Flowing Form Easement” wil be requled onthe “Excess insurae Potcy” or "Commercial Ubella Foie.” Veriieaton of Coverage: 1. Coveage stall be in poe prior tthe commencement of any work and Hhroughont the dation ofthe Contr. crest ofinsunce wil be provided tthe Rsk Manag fr eve and appeal The certiiae sal provide forthe flowing: 4 The caifcat older shal ed as ellos: te County Boot of County Comnissoness 7.0, Box 398 Fore Myers, Florida 33902 ‘b."Lee Cammy, «political ubision and Charter County ofthe State of Florida, ts agents, cenployes, and public offlas” will be named as an"Aditional Insured on the General Listy policy, including Products and Completed Operations coverage ‘Special Requirements: 1. Anappeoptiat Indemniiation clause shal be made a provision ofthe Contract. 2 applicable isthe resposiiliy ofthe general contsctar o ensue that all subcontractors comply ‘with all insurance requirements. Solctation No, #5170390T2M Concrete Ready Mx Page 16 of 16