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#13-6168 (Honc Enterprises, Inc.)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO , THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 2 o� i ✓` a*y>ma6, - t r "axw,w scmw. .�eawa w .sr a, � � 014 Routed by Purchasing Department to " Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk 4 41 /it taff 2. County Attorney Office County Attorney Office !r4 3. BCC Office Board of County Commissioners -5\.1-\\O‘ 4. Minutes and Records Clerk of Court's Office TYi\ S(2 r10. y:new 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Rhonda Cummings Phone Number 252-8375 Purchasing Staff Jw '^ '" Contact and Date Agenda Date Item was June 24,2014✓ Agenda Item Number 16.A.8,./ Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 13-6168 Honc number if document is NumberNendor Name Destruction to be recorded 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? DD 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 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 N/A 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 DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD 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 C BCC,all changes directed by the BCC have been made,and the document is ready for th Chairman's signature. MEMORANDUM Date: August 28, 2014 To: Diana De Leon, Contracts Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #13-6168 "Demolition Commercial and Residential Structures" Contractor: Hone Enterprises, Inc. Attached is an one (1) copy of the contract referenced above, (Item #16A8) approved by the Board of County Commissioners on June 24, 2014. The original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment AGREEMENT 13-6168 for Demolition Commercial and Residential Structures THIS AGREEMENT is made and entered into this Af`' day of j; �,� , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Honc Enterprises, Inc., d/b/a Honc Destruction, as the Primary Contractor, authorized to do business in the State of Florida, whose business address is 1130-1 Pondella Road, Cape Coral, FL 33909 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The Contractor shall commence the Work upon issuance of a Notice to Proceed, providing a Purchase Order has been established for the Work. The contract shall be for a one (1) year period, commencing on Date of Board award and terminating one (1) year from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three (3) additional, one (1) year renewals, renewable annually. 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 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 not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed two (2) Contractors to be qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope of Work, hereby attached and incorporated by reference. Each Contractor will provide complete services for Demolition of Commercial and Residential Structures on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #13-6168 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Although the primary user of this Contract is the Code Enforcement Department, any County Department may use this contract provided sufficient funds are included in its budget. The process for obtaining services under this Contract is as follows: Prior to the start of each individual job or group of jobs, the user department shall provide a description of Work to be performed to the Primary Contractor. The Primary Contractor shall have five (5) business days to respond that they are willing and able to complete the job(s) in Page -1- ! ) the required time frame(s). The user department will then issue a Notice to Proceed, provided that there has been a Purchase Order established for the Work. If the Primary Contractor cannot provide requested services within the timeframe specified by the user department, then the Secondary Contractor will then be contacted. The procedure for obtaining services is the same. In each description of Work, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Ordinance and Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work as per attached Exhibit B Price Schedule. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Any County Agency may utilize the services offered under this contract, provided sufficient funds are included in the budget(s). This contract will be purchase order driven. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e- mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Honc Enterprises, Inc. d/b/a Honc Destruction 1130-1 Pondella Road Cape Coral, FL 33909 David Mulicka, President Telephone: 239-772-2378 Facsimile: 239-772-4414 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 Page -2- 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 Service Agreement must be in writing. 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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. 7. 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 Contract 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. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Page -3- 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 $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. D. Pollution: Coverage shall have minimum limits of $1,000,000 Per Occurrence. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 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, 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. 11.1 The duty to defend under this Article 11 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 11 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. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent Page -4- inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (d) reasonable indication that the Work will not be completed within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. The "Commencement Date" of all Work to be performed under this Agreement shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within ten (10) calendar days from the Commencement Date, or as directed by the Project Manager in the Notice to Proceed. No Work shall be performed at the Work site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. C. Any delay caused by availability or capability of the Primary Contractor in the commencement of the Work described herein shall constitute the County's right to utilize the Secondary Contractor without penalty or shall not give rise to damages or additional compensation from County. Primary Contractor expressly acknowledges and agrees that it shall receive no damages or additional compensation for work issued to the Secondary Contractor for any reason. D. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. E. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly Page -5- 9 acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Work Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 15. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 16. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with 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)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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 Owner. 20. WARRANTY. Vendor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Page -6- 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. Page -7- 0 26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Exhibit A Scope of Services, Exhibit B Price Schedule, Contractor's Proposal, Insurance Certificate(s), ITB #13-6168 any, Purchase Order made or issued pursuant to this Agreement, and any related specifications for any such Purchase Orders. 27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 28. 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. 29. 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. No markup shall be applied to sales tax. 30. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of 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. 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. 31. 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. 32. 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 contract to other governmental entities at the discretion of the successful proposer. 33. 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. Page -8- 34. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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. 35. 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. 36. SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. ***************************Remainder of page intentionally left blank*************************** IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above Page -9- 0 written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, of Courts / ► i 1 �,�_ ►� By: II U1v"!1 y Ceti i� �' Tom Hennin•, Chair an Dated:''AA() I Attest a taA t man's signature only. Honc Ente r•ri eA c. d/b/a Honc Destruction Pri ary Cif - t.r 1 e_, .c.tz LD c By: . First Witness Sigrture feaCtn de, Wheci,ker .■A 1\1\OL∎cr-;A5— Type/Print Witness Name Typed ppzture ( a '_ Second Witness Title Ckrc.-e & Qucv Type/Print Witness Name A •rovod as to •rm nd legality: Scott R. Teach Deputy County Attorney Page -10- Exhibit A — Scope of Services 13-6168 Demolition of Commercial and Residential Structures These specifications are intended to provide the information by which the Contractor may understand the requirements of Collier County relative to demolition of commercial and residential buildings including mobile homes. Work shall include furnishing all necessary materials and completing all work, including labor, transportation, supervision, equipment and traffic control incidental to the Project, as described during the site visit and as directed by Project Manager. • Grade and level each described property to the grade of the surrounding area. Clearing shall consist of, but not be limited to, any structure, pools, sheds, improvements, shrubs, hedges, walls, fences, landscape timbers, vehicles, boats, tires and drums, etc. • Sites to be free and clear on, in, under or about the project site. • Removal of mail box (if requested). • Foundations that may extend to below grade shall also be removed. • All material, rubbish and debris shall be removed from the property and legally disposed of by the Contractor. A receipt from the landfill must be submitted to the County before inspection of the site and acceptance of the work will be approved. Reimbursement will be based on Receipt for tipping fee (required at time of invoice). • The public Right of Way will be kept clear at all times. No materials other than dirt and small gravel six inches (6") or less shall be left upon the site (this material cannot be crushed and left on-site) nor shall any fill placed upon the site be other than dirt or small gravel. Sidewalks are not to be removed. • Fencing that restricts the entrance to a demolition site may be removed only at the front entrance of the property abutting the street. Removal must be from corner post to corner post and replacement of this fencing will not be required. Any remaining side and back fencing is to remain intact unless that fence is in a dilapidated condition and is a hazard to this property as determined by the County. • Contractor will have a maximum of thirty (30) days from the issuance of the Notice to Proceed date to successfully complete the demolition of each location, unless otherwise authorized in writing by the County. • The Contractor shall videotape the property prior to the demolition and provide a copy of the tape at completion. The Contractor shall also notify Animal Control, if necessary, prior to demolition, to visit the site and remove any stray animals. • The Contractor/Subcontractor shall obtain and pay for all required permits and licenses and shall comply with all State and Local laws, codes and ordinances regarding demolition and site work. The only exception will be when obtaining a D.E.P. permit. As this permit may not be Page -11- (1) necessary for every demolition, the County, in those instances, will reimburse the Contractor for the cost of the D.E.P. permit. • The Contractor shall comply with County codes and ordinances to ensure the proper disconnection of utilities and shall properly cap any sewer lines or connections. Disconnection of underground utility services is required to be on public thoroughfares. • Contractor shall comply with all local requirements and regulations respecting barricading of streets and removal/restoration of pavement and other pertinent matters. A Maintenance of Traffic (MOT) Plan may be necessary when required by the project. • The Contractor will be responsible for obtaining asbestos survey(s) and onsite demolition supervision and provide all asbestos written reports, when required by the Project, to the department issuing the purchase order. • The Contractor will be responsible to provide water on-site if applicable. • If project time is over twenty-four (24) hours in duration, a property fence (chain link) must be installed to secure equipment and protect the safety and welfare of the neighboring populace. • Collier County assumes no responsibility for the condition of the buildings, structures, and other property in the area of the demolition or for their continuance in the condition existing at the time of issuance of the Notice to Proceed and/or purchase order. Work commencement must take place within ten (10) business days or as directed by Project Manager in the Notice to Proceed. • The work of demolition and site clearance on all or any part of the demolition area, all rights, titles, and interest of Collier County in and to the buildings, structures and other property to be demolished and removed by the Contractor shall be deemed to be vested in the Contractor, subject to the provisions of the contract and the following: 1. No right, title, property, or interest of any kind whatsoever in or to the land or premises upon which such building or structures stand, is created, assigned, conveyed, granted or transferred to the Contractor or any other person or persons except only the license and right of entry to remove such building and structures in strict accordance with the contract. 2. All salvage becomes the property of the Contractor but storage of such materials and equipment on the project will not be permitted except for the duration of the contract. Such storage shall at no time interfere with activities of Collier County or other contractors. 3. No structure shall be removed from the premises as a whole or in a substantially whole condition, but all such buildings shall be demolished on the premises (any removal of buildings, materials etc. must be pre-approved by the Project Manager). 4. Work shall be accomplished during the operating time of the County 7:30 a.m. to 5:00 p.m., Monday through Friday, excluding recognized holidays. Any work hours outside these times will need Project Manager/County approval. Page -12- �," 5. Failure to complete the project within the required timeframes shall create a right in the County to the following cumulative remedies: • Termination of award. • Payment of any damages to the County caused by delay, including any increased costs associated with selecting another Contractor. • Liquidated damages will be determined on a case by case basis and will be calculated prior to the commencement of the job and communicated on the Notice to Proceed. The County may take procession of appliances, cabinetry, windows, doors, well pumps, etc. from the proposed site. The removal of these items will take place prior to the contractor starting the project. Page -13- 13-6168 Demolition of Commercial and Residential Structures Exhibit B - Price Schedule - Honc No. Description Unit Unit Price Qty Total 1 Single Story Frame Structure 1500SF or less SF $ 2.25 1500 $ 3,375.00 2 Single Story Frame Structure 1501SF or more SF $ 2.25 1501 $ 3,377.25 3 Multiple Story Frame Structure 2500SF or less SF $ 2.15 2500 $ 5,375.00 Mutliple Story Frame Structure 2501SF or 4 more SF $ 2.15 2501 $ 5,377.15 5 Single Story Block Structure 1500 SF or less SF $ 2.10 1500 $ 3,150.00 6 Single Story Block Stucture 1501SF or more SF $ 2.10 1501 $ 3,152.10 7 Multiple Story Block Structure 2500SF or less SF $ 2.10 2500 $ 5,250.00 Multiple Story Block Structure 2501SF or 8 more SF $ 2.10 2501 $ 5,252.10 9 Mobile Home SF $ 2.45 760 $ 1,862.00 Charge in the Event Structure has Friable 10 Asbestos SF $ 2.50 1500 $ 3,750.00 Charge in the Event Structure has Non-Friable 11 Asbestos SF $ 1.25 1500 $ 1,875.00 Removal of Debris Materials Litter other than 12 Tires CY $ 9.00 50 $ 450.00 13 Removal of Hazardous Materials CY $ 15.00 20 $ 300.00 14 Removal of Tires EA $ 2.00 50 $ 100.00 15 Removal of Septic Tank EA $ 300.00 1 $ 300.00 16 Removal of Swimming Pool SF $ 2.50 500 $ 1,250.00 17 Removal of Fencing All Types LF $ 1.00 1 $ 1.00 Concrete Block Structural Cuts and 18 Restoration LF $ 3.00 1 $ 3.00 19 Slab Cuts less than 6" in Depth EA $ 3.00 1 $ 3.00 20 Slab Cuts Greater Than 6" in Depth EA $ 4.00 1 $ 4.00 21 Electrician HR $ 50.00 1 $ 50.00 22 Fumigation EA $ 200.00 1 $ 200.00 23 Rodent Control EA $ 200.00 1 $ 200.00 24 Bee Hive Removal EA $ 200.00 1 $ 200.00 25 Chain Link Seccurity Fence LF $ 3.50 1 $ 3.50 26 Removal of Driveway /Apron SF $ 1.50 1 $ 1.50 27 Removal of Mail Box EA $ 1.00 1 $ 1.00 28 Well Capped EA $ 25.00 1 $ 25.00 29 Cap Sewer Line EA $ 15.00 1 $ 15.00 30 Well Capped and Plugged with Concrete EA $ 750.00 1 $ 750.00 i Page -14- AC o) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYW) 411.. � 8/12/2014 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 CONTACT Mary Retz Lutgert Insurance-Ft Myers PHONE 12660 World Plaza Ln Bldg 73 (A/C,Nn,Fxt):239-418 2120 (A/C.Noe 239-936-8288 Fort Myers FL 33907 E-MAIL mretz lut ertinsurance.com -ADDRESS: @ g INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Owners Insurance 32700 INSURED HONCM-1 - — INSURER B Honc Enterprises Inc. INSURER c: Honc Marine Contracting Inc., Honc Destruction Inc. INSURER D: 1130 Pondella Road#2 INSURER E: Cape Coral FL 33909 INSURER F: COVERAGES CERTIFICATE NUMBER: 1153012607 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ _ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER — POLICY PRO_ GENERAL AGGREGATE $ JECT I LOC PRODUCTS-COMP/OP AGG $ OTHER: 1 $ A AUTOMOBILE LIABILITY Y 4920919900 7/1/2014 7/1/2015 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 BODILY INJURY(Per person) $ AUTOS MED SCHEDULED _ X HIRED AUTOS NON-OWNED BODILY INJURY(Per accident) $ AUTOS PROPERTY DAMAGE $ X PIP 10,000 (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE — AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Board of County Commissioners is additonal insured for auto liability per form 89304 7/10 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF, Collier County Board of County Commissioners ACCORDANCE IWITH THE POLICY PROVIS ONSE WILL BE DELIVERED IN Purchasing Dept. 3327 Tamiami Trail East Naples FL 34112-4901 AUTHORIZED REPRESENTATIVE 4.--) , 77 4,,,,,Ley_ NaiL4 . ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 89304(7-10) AUTOMATIC DESIGNATED INSURED - BLANKET COVERAGE Automobile Policy SECTION II -LIABILITY COVERAGE is provided to any The insurance provided by this endorsement does not person or organization only to the extent such person or apply to any extension of SECTION H - LIABILITY COV- organization is liable for your conduct arising from an ERAGE provided elsewhere in this policy. automobile to which SECTION II- LIABILITY COV- ERAGE applies. All other policy terms and conditions apply. 89304(7-10) Page 1 of 1 '4`°R°® CERTIFICATE OF LIABILITY INSURANCE 5/21/2014 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 CONTACT Karen Gross NAME: Alan Williams & Assoc Ins Agency Inc (Palo.ExtI: (239)418-1100 A FAX /C.No): (239)41B-1164 13720-2 Ben C. Pratt/ E-MAIL ADDRESS:karen @awainsurance.corn Six Mile Cypress Pkwy INSURER(S)AFFORDING COVERAGE NAIC# Ft.Myers FL 33912 INSURER A:UNITED SPECIALTY INS.CO. 12537 INSURED INSURERB:State National Insurance 12831 Honc Environmental Services, Inc. and INSURERC: Honc Enterprises dba Honc Destruction INSURERD: 1130-2 Pondella Road INSURER E: Cape Coral FL 33909 INSURERF: COVERAGES CERTIFICATE NUMBER:14/15 Honc Enviromental 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 - LTR TYPE OF INSURANCE JBSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MMIDDIYYYYI (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DBE TO RENTED PREMISES(Ea occurrence) $ 100,000 A CLAIMS-MADE X OCCUR X CPP818393 03/28/2014 03/28/2015 MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 X POLLUTION $1,000,000 GENERAL LIAR DED $10,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: POLLUTION DED $5,000 PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY n PRO- [ — IECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ _ ALL OWNED SCHEDULED BODILY INJURY(Per AUTOS AUTOS ( eraccident) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 1,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ 1,000,000 DED RETENTION$ USA 4042558 3/28/2014 3/28/2015 $ B WORKERS WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) NFA 0822902 3/28/2014 3/28/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATED HOLDER IS NAMED AS ADDITONAL INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COLLIER COUNTY BOARD OF ACCORDANCE WITH THE POLICY PROVISIONS. COUNTY COMMISSIONERS PURCHASING DEPARTMENT AUTHORIZED REPRESENTATIVE 3327 TAMIAMI TRAIL EAST NAPLES, FL 34112 Jeff Williams/CL7 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025/mmnnpl 01 The Ar(1Rrl name and Innn arc rcnicfcrcrl mark¢of Al lRrl