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Backup Documents 04/25/2017 Item #16A14 (Triple C Sod) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN I ,it Fop r— THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to t ` o ace at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Cognly Attorney Office no later than Monday preceding the Board meeting. 14 PR 2 5 2017 **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document� a dy complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Lek 1OfAce. Route to Addressee(s) (List in routing order) Office ' ials Date 1. Risk Risk Management ` L(i 4) .) ,f 2. County Attorney Office County Attorney Office y�I -0 4. BCC Office Board of County Commissioners \,4//' 5\k\0-' 4. Minutes and Records Clerk of Court's Office ()SIM Ic'7 3•U M 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lanc for Kristofer Lopez Contact Information 239-252-8998 Contact/ Department 04/25/17 Agenda Date Item was 04/25/2017 Agenda Item Number 16.A.14 Approved by the BCC Type of Document Contract Number of Original 1- Attached Documents Attached PO number or account N/A 16-7032RR Purchase& number if document is Delivery of to be recorded Turfrasses/DWJH dba Leo's Sod&Triple C Sod INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK rBL N/ 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A [[ provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed BL by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip B! should be provided to the County Attorney Office at the time the item is input into SIRE. J Some documents are time sensitive and require forwarding to Tallahassee within a certain / time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 04/25/2017 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 1 6 A 1 4 MEMORANDUM Date: May 2, 2017 To: Barbara Lance, Purchasing Tech Procurement Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement #16-7032RR for the purchase and delivery of turf grass Contractor: Triple C Sod, Inc. Attached, please find an original copy of the contract referenced above, (Item #16A14) approved by the Board of County Commissioners on Tuesday, April 25, 2017. The second original contract will be held in the Minutes and Records Department for the Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16A1 6 � AGREEMENTI6-7032RR for Purchase and Delivery of Turf Grasses THIS AGREEMENT, made and entered into on this2,54)(‘ day of Air',L 2017, by and between Triple C Sod, Inc., Contractor authorized to do business in the State of Florida, whose business address is 1111 Edington Place, Marco Island, Florida 34145, (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 one (1) year period, commencing on Date of Board award and terminating one (1) year from that date or until all outstanding Purchase Orders 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 three (3) additional one (1) year 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 Sale and Delivery of Turfgrasses in accordance with the terms and conditions of Invitation to Bid (ITB) #16-7032RR, with the exception of the "Detailed Scope of Work", and the Contractor's proposal, with the exception of the Bid Schedule/Bid Prices, referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.1 The Contractor is the Primary and Secondary for the services listed on Exhibit B — Negotiated Price Schedule. If the Primary Contractor cannot provide the requested service(s) within the timeframe specified by the user division then the Secondary Contractor will then be contacted as listed on Exhibit B — Negotiated Price Schedule. 1 #16-7032RR creD Triple C Sod, Inc. 1 A 1. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B — Negotiated Price 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 Road and Bridge Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: 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 products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 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-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Triple C Sod, Inc. Attention: Michael A. Muck, Owner 1111 Edington Place Marco Island, Florida 34145 Telephone: 239-253-7261 Email: triplecsod(c .ao .com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: 2 #16-7032RR Triple C Sod, Inc. 16A14 Board of County Commissioners for Collier County, Florida c/o Road Maintenance Division 4800 Davis Boulevard Naples, Florida 34104 Telephone: 239-252-8924 Fax: 239-774-6406 Attention: Division Director, Travis D. Gossard 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 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 non-performance. 3 #16-7032R- Tr iple Triple C Sod, In 1 6 A 1 4 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 $100,000 for each accident. D. Pollution: Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Board of County Commissioners, 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 Comprehensive General Liability Policy. 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 ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) 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 he is required to meet. 4 #16-7032R- Triple 16-7032R-Triple C Sod, Inc. • k . F. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall 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 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 Road and Bridge 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: Invitation to Bid (ITB) #16-7032RR, with the exception of the "Detailed Scope of Work", Contractor's proposal, with the exception of the Bid Schedule/Bid Prices, Exhibit A - Scope of Work, Exhibit B — Price Schedule, any subsequently quotes, and Insurance Certificate(s). 17. 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. 18. 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 5 #16-7032RR Triple C Sod, Inc. 1 6 A 14 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. 19. 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 Records Law Chapter 119, 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 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 6 #16-7032RR Triple C Sod, Inc. • 16A14 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. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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's shall assign as many people as necessary to complete the Agreement on a timely basis, and each 7 #16-7032RR Triple C Sod, Ince. 1 6 A 1 4 person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. 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. 28. 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. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS c( 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. * * * * * 8 #16-7032Triple C Sod, In• 16A14 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIE"40 TY, FLORIDA Dwight E. Brock, Clerk of Courts B r CR-, 0 -C - B Y y: 4 i 4 Penny Ta , Chairma Dated: " .7. i M (SEAL) Attest ai to Chairman's signature only. Triple C Sod, Inc. Contractor Z, . '77.2( By: 4),... 4,a444 First W't ess Si nat r ��1, TType/print witness name TType/print signature and titleT -4"1<;---- ------ ,:.(is;c i 'f c.s e. sr .Y - - TType/�t witness nameT .prove s t tn, Legality: IP I A tart C unt Attorney DzvLA L« .t.a Print Name IIDateItem# :6„.___r_iiLi Agenda►;_ -Th Date Recd 2g YVT1 geU2Lf— Puty C k li 9 #16-7032R'•0 Triple C Sod,Inc. 16A14 Exhibit A — Scope of Work 1. Specifications The Contractor will provide varieties of turfgrass sod that have been harvested, delivered, and/or installed in accordance with the following specifications and the most current and accepted Horticultural Industry's Standards and Practices, whichever is more restrictive. When Sod is to be picked up by the County it must be located within Collier County. 1.1 Turfqrass Sod Types & Varieties The turfgrasses for the resultant contract shall be Number 1 Quality/Premium grade and meet the requirements in the specifications. Below is a listing of turfgrass types and varieties that are required and may be ordered for the duration of the resultant contract term on an "as- needed" basis. Turfqrass Type Variety Bahiagrass Argentine ❖ Bermudagrass Certified Celebration and Tifway (Tifton 419) •:• St. Augustinegrass Floratam ❖ Zoysiagrass Empire 1.2 Sod Description for Acceptance Division Representative that inspected goods and/or services shall provide the acceptance. Sod ordered shall be well-established, well rooted, healthy, nursery or field grown on 90% natural sand. Sod grown in peat bedded soil will not be accepted. 1.2.1 Sod shall be of the specific grass type ordered and in uniform green color with healthy blades. No dead turf, bare spots, or dormant sod. 1.2.2 Completed areas where sod has been laid are healthy, even in color, level, and viable turf is being established. 1.2.3 Sod shall be free of diseases, trees or shrubs, stones, thatch, and pests such as insects, nematodes, chinch bugs, spittlebugs, mites, billbugs and white grubs, webworms and other lawn caterpillars. It shall have less than one percent (1%) of invasive weeds. 1.2.4 Top growth (grass blades or foliage) shall have no more than ten percent (10%) chlorosis, and contain no thatch or dead vegetation layer between each pad. 1.2.5 Sod must be mowed at a height of two inches (2"), or at the recommended height of the sod grower, prior to harvesting to ensure uniform heights when transplanted. 1.2.6 There shall be sufficient density so no surface soil is visible when mowed to a height of two inches (2"). 1.2.7 Individual sod pad size shall be cut to industry standard widths and lengths with a 10 #16-7032R' Triple C Sod, In•@ deviation no greater than +/- 5%. Broken or uneven-ended pads will not be acceptel 6 A 1. 4 1.2.8 Sod pad thickness for the following: St. Augustine and Bahia shall be no less than one inch (1") in depth and Bermuda shall be no less than one half inch (1/2") in depth. This requirement allows for rapid rooting to occur after installation due to a thinner soil layer. All other sod variations will be cut according to industry best practices. 1.2.9 Pad strength for standard size pads shall be mature, well rooted, and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain its size and shape when the pad is suspended vertically by hand on the upper ten percent (10%) of the pad section without tearing apart. 1.2.10 Moisture content for the soil side of the sod should be damp to moist and it must contain enough moisture so that the soil is not excessively dry or wet. Sod will not be accepted if it does not contain the proper amount of moisture and the soil layer has become hardened or loose. 1.3 Ordering The Contractor shall provide the sod and/or any installation services throughout the resultant Contract term on an "as-needed basis" per the order instructions. MOT may be required for sod bed services provided by the Contractor that are in County rights-of-way (ROW) and medians. 1.3.1 At order placement the Division will provide the bid line item being used, delivery or service location, and the scope of work to be completed. 1.3.2 Orders shall be processed within five (5) business days of order placement and in the quantities requested. 1.4 Scheduling Contractor shall notify the Division with a two (2) business day notification when the pickup, delivery or installations will occur. 1.5 Pickup or Delivery Pickup location must be within the borders of Collier County. Sod delivered and/or installed in order to maintain its integrity. Sod delivery tickets shall be provided with every order with the following listed: sod grass type and variety, quantity ordered, origin, and the date and time sod was harvested and loaded. 1.5.1 Sod shall be delivered at the specified site within twenty-four (24) hours after being harvested and laid within that time period. 1.5.2 Sod shall be covered if transporting period will be greater than one (1) hour. 11 #16-7032RR Triple C Sod, Inc. 1 6 A 1 4 1.5.3 Sod should not be harvested or transported when moisture content may adversely affect sod survival. 1.5.4 Protect sod from sun, wind, dehydration, and rain prior to delivery, pickup and installation. 1.5.5 Sod with visible signs of heating or dehydration will be rejected. 1.5.6 For deliveries, Contractor shall arrange their work to cause a minimum of interference with normal traffic, both vehicular and pedestrian and shall be responsible for providing safe and suitable means of ingress and egress to all public and private properties during all stages of the work. 1.6 Bid Schedule Technical Specifications Bidders shall submit pricing for only the sections and/or line items in which they intend to provide products and/or services. Unit prices, as they pertain to the sections below, shall be all inclusive of delivery charges, surcharges for minimum order quantities, labor, transportation, off-loading, equipment, fuel, top soil, materials, disposal, and landscape tipping fees, and etc. At times, Maintenance of Traffic (MOT) will be required for service locations in Right-of-Way (ROW) medians and roadways; bid lines items have been added for the additional costs of MOT. 1.6.1 Section A. Sod Picked Up By County. Order Size: Cost per piece as described on the bid tab. Division shall arrange for sod to be picked up at the Contractor's location and the Contractor shall load the sod. The pickup location shall be an easily accessible location within the borders of Collier County. The individual orders shall be the cost per piece as indicated in the description on the bid schedule. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. 1.6.2 Section B. Sod Picked Up by County. Order Size: 400 square foot pallet This section is for the pickup of various types of sod by the County personnel. The individual orders shall consist of orders for 400 square foot pallet(s). The division shall arrange for sod to be picked up at the Contractor's location and the Contractor shall load the sod for the division. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. Vendor will be responsible for loading pallets onto County vehicles. C v, Agreement#16-7032RR"Purchase and Delivery of Turfgrasses" 12 Triple C Sod,Inc. 1 6 A 1 4 1.6.3 Section C. Sod Delivered & Off-Loaded by Contractor / Order Size: 400 up to 2,400 square feet. Contractor shall deliver sod to the designated location(s) on the order and off-load. Individual order size shall consist of orders from 400 up to 2,400 square feet. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. 1.6.4 Section D. Sod Delivered, Off-Loaded, and Installed by Contractor / Order Size: 400 up to 2,400 square feet. Contractor shall deliver sod, off-load, and provide services for sod bed preparation and installation. Individual orders shall consist of orders for 400 up to 2,400 square feet. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right-of-Way (ROW). The sod bed preparation and installation shall consist of the following: 1.6.4.1 Rake and clean sod bed area to remove dead turf, weeds, debris, brush, roots, and rocks. Contractor shall dispose of and haul it to the local landfill or recycle plant. 1.6.4.2 Rake soil level to a final grade finish. Ensure that its one inch below the grade of sprinkler heads or paved areas, such as concrete driveways, sidewalks, and curbing. Transplanted sod that does not conform to this requirement shall be removed to correct the subgrade so surfaces are level. 1.6.4.3 The Division shall be responsible for providing water at the work site prior to installation and immediately after installation. The Contractor shall notify and inform the Division to water sod bed just prior to installation because the soil needs to be moist when the sod is laid, and notify Division immediately after installation to water the sod. 1.6.4.4 In the event the final plant bed has been disturbed prior to the installation of the sod, the Contractor shall be responsible to re-grade at their expense. 1.6.4.5 Deliver, off-load, and install sod within twenty-four (24) hours of delivery. 1.6.4.6 Start by unrolling or laying whole pieces of sod along a straight edge, such as sidewalks, curbs, driveways, irrigation heads, mulch beds, plantings, trees, and other vertical surface areas by cutting and fitting tightly for finished edges. Cut the next piece of sod in half and lay it against the first piece of sod and stagger joints at the end of sod strips with adjacent strips (i.e. brick pattern). Sod shall be placed with edges abutting tightly to existing sod without creating overlap. There should be no bare soil showing along the seams, and sod pads must be level, if it is not level, the subgrade will need to be adjusted. Agreement#16-7032RR"Purchase and Delivery of Turfgrasses" 13 IQ Triple C Sod,Inc. 1 4 6 1 1.6.4.7 Sod placement for ditches and canals shall be laid at right angles to the centerline. 1.6.4.11 In sloped areas, the sod bed shall be graded and then installed to prohibit erosion. The installations shall begin at the bottom and move upward. When requested by the Division, Contractor will be required to pin or stake sod, and slopes greater than 2:1 , staking will be required to prevent movement. A line item in Additional Services on the bid schedule has been added for these services. 1.6.4.12 Tamp or pat down sod that has been installed to release air between soil and sod. 1.6.4.13 Roll sod with a sod roller to remove lumps, level, and set sod into the soil. 1.6.4.14 Contractor to notify the Division to water sod thoroughly after placement. Division shall provide the water. 1.6.5 Section E. Sod Delivered, Off-Loaded, and Installed by the Contractor / Order Size: 2,401 to less than a truckload. The order size shall consists of orders for 2,401 to less than a truckload of sod that will be delivered, off-loaded, and installed by the Contractor and they shall provide the services for sod bed preparation and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right-of-Way(ROW). 1.6.6 Section F. Sod Delivered, Off-Loaded, and Installed by the Contractor / Order Size: Truckload The order size is for truckload of sod that will be delivered, off-loaded, and installed by the Contractor. Contractor shall deliver sod to the designated location(s) on the order, off- loaded, and provide services for sod bed preparation and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right-of-Way(ROW). 1.6.7 Section G. Roll Sod, Picked Up (1 roll minimum) and Delivered, Off-Loaded, and Installed by the Contractor (4,00C) square feet minimum) This section has three (3) grass varieties (Bermuda-Certified Celebration, Bermuda-Tifway (Tifton 419), and Zoysia-Empire) for three (3) service categories (picked up; delivered and off-loaded; and sod delivered, off-loaded, and installed) for rolled sod. The minimum order size for picked up sod category for all varieties is one (1) roll. Division shall arrange for sod to be picked up at the Contractor's location and the Contractor shall load the sod. The pickup location shall be an easily accessible location within the borders of Collier County. The individual orders shall be the cost per piece as indicated in the description on the bid schedule. Agreement#16-7032RR"Purchase and Delivery of Turfgrasses" Triple C Sod,Inc. (S1 16A14 6 1 4 The minimum order size for delivered and off-loaded sod category for all varieties is 4,000 square feet. Contractor shall deliver sod to the designated location(s) on the order and off- load. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right-of-Way (ROW). The minimum order size for delivered, off-loaded, and installed by the Contractor for all varieties is 4,000 square feet. Contractor shall deliver sod to the designated location(s) on the order, off-load provide services for sod bed preparation and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right-of-Way(ROW). 1.6.8 Additional Services (all inclusive of labor, materials, and equipment) During the term of the agreement, the Division may request that the Contractor provide additional services for site preparation and grade and/or staking and /or pinning of sod installation on sloped areas. The unit price is cost per square foot. 1.6.8.1 Site Preparation and Grade 1.6.8.1.1 Kill existing turf and invasive weed growth by applying one (1) herbicidal treatment, such as Roundup. Allow sufficient time for product to work its way to the root system to completely kill the existing turf/weeds. Some divisions may require sod removal by hand or sod cutter where herbicides are not allowed. 1.6.8.1.2 When existing turf/weeds are dead, Contractor shall remove turf by hand or with a sod cutter. For requests of no herbicide treatment, Contractor shall cut existing sod with a sod cutter. Note: for safety reasons, sod cutters shall only be used in areas that are easily accessible and on flat terrain. 1.6.8.2 Staking and/or Pinning Staking and/or pinning of sod installations on slopes greater than 2:1. Staking is required to prevent movement. 2. Supervision Contractor must have skilled supervisor(s) in sod installations for the services listed in the specifications. The supervisor shall be on-site during installation ensuring employees work is performed to industry standards and conforms to the specifications. 3. Maintenance of Traffic (MOT) MOT Intermediate Level Certification will be required for Contractors that bid sections requiring deliveries and services in the ROW and medians. It shall be all inclusive in the unit price for the categories line items which indicate "w/ MOT" in the line item description to include MOT devices us Agreement#16-7032RR"Purchase and Delivery of Turfgrasses" 15 Triple C Sod,Inc. �� 1 6 A 1 4 for adequate traffic control and depending on the roadway and project it may include: signage, arrow boards, message boards, warning devices, barriers and flagmen. MOT is required for the safety and protection of Contractor's employees and motorists during the performance of services in the ROW and medians. It shall be the Contractor's sole responsibility for safety in the work zone. MOT shall conform to the latest edition of the FDOT, Design Standards, 600 series and The Manual on Uniform Traffic Control Devices (MUTCD), Section VI. A copy of the County's MOT policy can be obtained from Risk Management or Procurement Services Divisions. 3.1 Contractor or sub-contractor will be required to have current FDOT approved MOT Intermediate Level Certification for FDOT, Design Standards, 600 series prior to work commencing in the ROW medians and roadways. 3.2 The person responsible for the setup and maintenance of the traffic control plan shall possess FDOT approved certification in their name and they must be readily available to Division Work Zone Inspector within twenty (20) minutes of the initial contact for work zone safety issues. 4. Inspections Contractor shall provide a project work schedule for installation services in writing to the Division prior to work commencement so inspections can be performed on-site during the course of work. 4.1 The County and the Contractor(s) may conduct an inspection of the completed services provided in response to any resulting purchase order. Any deficiencies noted during an inspection shall be corrected before final acceptance. At the Contractor's expense such deficiencies will be corrected within 48 hours after receipt of notification. 5. Clean Up The Contractor(s) is responsible for removing all debris from the site, cleaning paved surfaces and affected areas, and keep the premises free of debris and unusable materials resulting from their work and as work progresses. Contractor shall remove such debris and materials from the property. There will be no cost to the County for clean-up or debris removal costs. 6. Warranty Contractor guarantees sod meets the specifications and sod shall be of the variety ordered, consistent in color, quality, and free of visible defects, disease, and in healthy condition. Contractor shall replace within forty-eight (48) hours after receipt of notification. Agreement#16-7032RR"Purchase and Delivery of Turfgrasses" 16 CI Triple C Sod,Inc. 1 6 4 1 4 7. Minimum Qualifications Prior to contract award and upon request, any Bidder may be required to supply proof that the company has adequate facilities, equipment, and ability to perform the work as specified in a satisfactory manner. The company must have experience in similar nature and is able to provide references for the County to contact and verify. 8. Utilities Contractor shall be responsible in exercising caution while in the vicinity of utilities. Contractor shall call Sunshine 811 at 811 or 800-432-4770, Monday — Friday from 7:00 a.m. — 5:00 p.m. prior to digging. Sunshine 811 requires advance notice of two (2) full business days. Any damage to utilities will be the Contractor's sole responsibility. 9. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered or services not performed in accordance with the requirements including the required timeframe. Deductions will be assessed when the Contractor fails to complete the work within the time specified as outlined on the Division documentation work request. The Division Representative that inspects the work shall confirm if the Contractor completed the work per the specifications and by the completion date as outlined on the Division work request. Contractors that do not meet the completion date or the requirements within the specifications shall be liable and agrees to a one hundred dollar ($100.00) deduction from the invoice. Note: Completion deadlines can be extended to due unforeseen circumstances at no fault to the Contractor or acts of force majeure that is beyond the Contractor's control. Contractor must request a date extension in writing with the reason of the delay prior to the completion date within twenty-four hours of the delay in writing to the Division Representative assigned to the project. Agreement#16-7032RR"Purchase and Delivery of Turfgrasses" 17 ID Triple C Sod,Inc. 1 6 A 1. 4 Exhibit B Negotiated Price Schedule SECTION A.SOD PICKED UP BY COUNTY/ORDER SIZE: COST PER PIECE AS REQUESTED IN DESCRIPTION SOD PICKED UP MUST BE IN COLLIER COUNTY (COUNTY SHALL RETURN ALL PALLETS) Item Description Unit price` e` (As Described) 1 Bahia-Ar•entine, Sand Grown Per S•uare Foot $0.20 2 Bermuda-Certified Celebration, Sand Grown Per S•uare Foot N/A 3 Bermuda Tifwa Tifton 419 , Sand Grown Per S•uare Foot N/A 4 St.Au•ustine-Floratam, Sand Grown Per S•uare Foot $0.40 5 Zo sia,-Em•ire, Sand Grown Per S•uare Foot $0.75 7 Pallet De•osit Full refunded u•on returnin. •allets) $7.00 Triple C Sod, Inc. is the Primary Contractor for line items: 1 and 4 Triple C Sod, Inc. is the Secondary Contractor for line item: 5 SECTION B.SOD PICKED UP BY COUNTY/ORDER SIZE: 400 SQUARE FEET(1 PALLET) SOD PICKED UP MUST BE IN COLLIER COUNTY (COUNTY SHALL RETURN ALL PALLETS) Unit Price Item Description (400 SQUARE FEET) 8 Bahia-Ar•entine, Sand Grown $68.00 9 Bermuda-Certified Celebration, Sand Grown $192.00 10 Bermuda Tifwa Tifton 419 , Sand Grown $192.00 11 St.Au•ustine-Floratam, Sand Grown $120.00 12 Zo sia,-Em•ire, Sand Grown $170.00 14 Pallet De•osit Full refunded u•on returnin. •allets $7.00 Triple C Sod, Inc. is the Primary Contractor for line items: 8 and 11 Seconda Contractor for line items: 9, 10, and 12 SECTION F.SOD DELIVERED,OFF-LOADED,AND INSTALLED/ORDER SIZE: TRUCKLOAD INPUT TRUCKLOAD SIZE IN SQUARE FEET: 6400 TO 9000 40 Bahia-Argentine, Sand Grown 6400 FT. $0.29 41 Bermuda-Certified Celebration, Sand Grown 7200 FT. $0.69 42 Bermuda Tiffway(Tifton 419), Sand Grown 7200 FT. $0.69 43 St.Augustine-Floratam, Sand Grown 9000 FT. $0.40 44 Zoysia,-Empire, Sand Grown 7200 FT. $0.53 Triple C Sod, Inc. is the: Secondary Contractor for line items: 40,41,42,43, and 44 Agreement#16-7032RR"Purchase and Delivery of Turfgrasses" 18 Triple C Sod,Inc. 16A14 ACC)R0 CERTIFICATE OF LIABILITY INSURANCE DATE 3/31/2017 D/YYYY) 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 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 CONTNAME:ACT Yenitza Guzman Lykes Insurance, Inc. PHONE 239-931-3024 FAX 239-931-5604 P.O. Box 60043 (A/C Nn Fxt) (A/C.No): E-MAIL uzman I kesinsurance.com Fort Myers FL 33906-6043 ADDRESS Yg @ Y INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:FCCI Insurance Company 10178 INSURED TRIPL-3 INSURER B:Bridgefield Employers Ins Co. 10701 Triple C Sod, Inc. INSURER C: Michael Muck 1111 Edington Place INSURER D: Marco Island FL 34145 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:261317760 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y GL0016814-03 6/1/2016 6/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY JET LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT 1,000,000 CA100002009-01 6/1/2016 6/1/2017 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ ALLOSVNED SCHEAUTODULED BODILY INJURY(Per accident) $ AUTHIRED AUTOS - NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION 0830-36706 7/1/2016 7/1/2017 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Leased/Rented Equipment CM0008205 3 6/1/2016 6/1/2017 Leased/Rented Limit $25,000 Scheduled Equipment Contractors Equip $155,560 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) "FOR ANY AND ALL WORK PERFORMED IN COLLIER COUNTY" Collier County Board of County Commissioners is listed as addtional insured with respects to General Liability per form CGL084 10/13 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE I 72VtW4 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CGL 084(1 3)6 Q 1 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE(OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the"coverage territory".) (Information required to complete this Schedule, if not shown above,will be shown in the Declarations.) A. Section II—Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s)or organization(s)is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work"performed for the additional insured and included in the"products-completed operations hazard"if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. 1 6 A 1 4 COMMERCIAL GENERAL LIABILITY CGL G84(10 13) However,the insurance afforded to such additional insured(s)described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to"bodily injury", 'property damage"or "personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps,shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess,contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds,the following is added to Section III— Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense,Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an"occurrence"or an offense which may result in a claim or"suit" under this insurance,and of any claim or"suit"that does result;, 2. Send us copies of all legal papers received in connection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the"suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit"to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices,Inc.with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. 6 A 1 4 COMMERCIAL GEN L LIABILITY CGL 084 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. LanceBarbara 16A14 From: CollinsRebecca Sent: Monday, April 03, 2017 8:28 AM To: LanceBarbara Subject: RE: Certificate of Insurance for 17-7032RR Triple C Sod, Inc. Barbara, Good morning, if this is just delivery of the product Pollution Insurance will not be required. If installation is involved and any chemicals are used Pollution Insurance is required. Have a great day, Manager, Risk Finance Administrative Services Department Risk Management Division 3311 East 7amiami Bldg D Naples, FL 34112 239-252-8839 (Office) 239-451-8929 (Work Cell) From: LanceBarbara Sent: Friday, March 31, 2017 2:42 PM To: CollinsRebecca Cc: Guzman, Yaritza Subject: FW: Certificate of Insurance for 17-7032RR Triple C Sod, Inc. Hi Rebecca, Can you confirm that Pollution Insurance is needed for this Agreement (16-7032RR Purchase & Delivery of Turfgrasses)? Thank you, Barbara Lance Procurement Technician Collier County Procurement Services 3327 Tamiami Trail E Naples, FL 34112 Phone: 239.252.8998 Fax: 239.732.0844 BarbaraLance(a colliergov.net 1