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Backup Documents 01/12/2010 Item #16A 4 16A4 MEMORANDUM Date: January 25,2010 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #10-5361 "Demolition of Commercial & Residential Structures" Contractor: Southwest Builders, Inc. Attached is an original change order, referenced above (Item #16A4) approved by the Board of County Commissioners on January 12, 2010. The second original document will be held in the Minutes and Records Department with the Official Records of the Board. If you should have any questions please contact me at 252-8411. Thank you. Attachment '"I, ',,'_:.. ._.-:4~~. RECEIVED: ,r.' '\. ,'";" t,- ,FJ,plll~'" \",.\,,)\.1\'1\ \ '\1 Id, I" :.', 'I-,i 'i' '.2 16 A 4 ('-:' ,~ 'I ,~ ...._ J..'. ~"" ITEM NO.: 10 - "PtLc.- OIY ~ I FILE NO.: ROUTED TO: Date: To: From: Re: DO NOT WRITE ABOVE THIS LINE ~, ..... \.~7....G\\?:) ~ C1V~ D"w t- REQUEST FOR LEGAL SERVlel'S II It'" S"...~ f"~l' January 12, 2010 .' S~1J, p.-' f1'~ It. . ~. I,~ j..r1 ^~~) Office of the County AttornE;l~ 'r 'f '7, ~ ~.. "I Jennifer B. White, Assistant County Attorney 7 "), j L I/:J Lyn M. Wood, C.P.M., Contract Specialist lj l / S ~ Purchasing Department, Extension 2667j'v-yr''''-- V J1A I / (> J J ~ Contract: #10-5361 "Demolition of Commercial & Residential Structures" Contractors: Southwest Builders, Inc./ Gruelle Construction, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on January 12, 2010; Agenda ~~ Item 16.AA ~. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. MEMORANDUM TO: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., contractSpecialist..;J: Purchasing Department (~"- January 12, 2010 FROM: DATE: RE: Review Insurance for Contract: #10-5361 "Demolition of Commercial & Residential Structures" ,/ Contractors: Southwest Builders, Inc. V Gruelle Construction, Inc. 16A 4 This Contract was approved by the BCC on January 12, 2010; Agenda Item 16.A.4 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. DATE flEeF rVEr, dod/LMW jAN 1 4 2010 RISK ~GE!>l.ENl ~~~ l/w/tO mausen 9 16 A 4 / From: Sent: To: Cc: Subject: RaymondCarter Wednesday. January 20, 20108:26 AM LynWood DeLeonDiana; mausen_9 Contract 10-5361 "Demolition of Commercial & Residential Structures" All, I have approved the certificate(s) of insurance provided by Southwest Builders, Inc. for contract 10-5361. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray ~ Cah.t.ch. Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity_ Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Page I of2 16A 4 Home Contact Us E-Filing Services Document Searches Forms Help No Events No Name History IEntity Name Search Submit I PrevjQJ1!itOn List l\IexLon ]..ist ~l!1urn TQList Detail by Entity Name Florida Profit Corporation SOUTHWEST BUILDERS, INC. Filing Information Document Number J74487 FEIIEIN Number 592816040 Date Filed OS/22/1987 State F L Status ACTIVE Effective Date 05/19/1987 Principal Address 303 NE 3RD AVE. UNIT 9 CAPE CORAL FL 33909 Changed 04/28/2009 Mailing Address 303 NE 3RD AVE. UNIT9 CAPE CORAL FL 33909 Changed 04/28/2009 Registered Agent Name & Address KAUFMANN, MAUREEN A 303 NE 3RD AVE. UNIT 9 CAPE CORAL FL 33909 US Name Changed: 04/28/2009 Address Changed: 04/28/2009 OfficerlDirector Detail Name & Address Title PTD KAUFMANN, MAUREEN A. 303 NE 3RD AVE., UNIT 9 CAPE CORAL FL 33909 Title VPSD SOLOMOS, KAREN L. 303 NE 3RD AVE., UNIT 9 CAPE CORAL FL 33909 http://www.sunbi.z.org/scripts/cordet.exe?action=D ETFIL&in<L doc _number== 17 4487 &in... 12/11/2009 www.sunbiz.org - Department of State TitleVP SOLOMOS, JAMES T 303 NE 3RD AVE., UNIT 9 CAPE CORAL FL 33909 Annual Reports Report Year Filed Date 2007 04/12/2007 2008 04/23/2008 2009 04/28/2009 Document Images Q4L28/~QO_9 -- ANNUAL REPORT 04/23/2008 =-ANNUAL R_EPORT Q41W2007 --_ANNUAL REPORT 92/Q9/200<; -- ANNUAL REPQRl: 04/27/2005 =1\t--jNUAL I3J:;PORT 05/12/2004 =-ANNUAL REPORT 01/09/2003 =-ANNUAL REPORT 05/13/2002 =-ANNUAL REPORT OAL3oL~OOJ -- ANNUAL REPORT 02/08/2000 =-ANNUAL REPORT 02/02/1999 =ANNUAL REPORT 01/20/1998 =-ANNUAL REPORT 02/14/1997 -- ANNUALREPORT 02/13/1996 =_ANNUAL REPORT 02/13/1995 ,_-_ANNUAL R_EPOJH View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image inpDFformat View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. No Events No Name History ~~'-!!l1l..ist ReturnTo List PrevjQY$ QoJ..l$J I Home I Contact lJS I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright (cj 2007 State of Florida, Department of State. Page 2 of2 1 A4 IEntity Name Search Submit I http://www.sunbiz.org/scripts/cordet.exe'?action= D ETFIL&inCL. doc number= 17 4487 &in... 12/11/2009 RLS #_112 - 1'11':(' ~ 1)1 '10-1) CHECKLIST FOR REVIEWING CONTRACTS Provided $ z. M l L Provided $ I , Provided $ I IMI L Provided $ ~__. Provided$ (00) 1100 Entity Name:._ S""THW€ST .I! /{ILbE.lIt!; . IlUe. , Entity name correct on contract? Entity registered with FL Sec. of State'l Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &lor Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ -z."-'I L. Products/Compl/Op Required $_.______ Personal & Advert Required $ Each Occurrence Required $ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $----1-......, L. Provided $ Workers Compensation Each accident Required $ (M I L Disease Aggregate Required $_ Disease Each Empl Required $. Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $______ Per Aggregate Required $______ Other Insurance Each Occur Type:_____ Provided $ Provided $ Provided $ !Mt.L- l' Provided $. Provided $ Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indenmification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: _~~~ tJ \~ Chairman's signature block? \ Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? V Yes ___~Yes .~_ Yes c/Yes ~Yes ~Ycs ( MIL I ~l L- f, I' 16A 4 No No No No No No Exp. Date ~ zCJtt7 Exp. Date _~_ II Exp. Date ~-'-_ Exp. Date ___~ Exp. Date ___._~~ Exp Date .:Z[-Z8'(7CIP Exp Date ~fL... Exp Date _1_'__ Exp Date ~_--.!~_ Exp Date ~ (-Z-lli7 Exp Date ~~ __J.L:.Yes No Exp. Date Exp. Date Provided $__ Exp Date_ /Yes ~ No _~Yes --- No /Yes No Yes ~No Yes No - Yes No Yes No /Yes No ~Yes ~ No V Yes No ---z Y es -,~~ No ---""'-Yes No V Yes No ~Yes No /Yes No ~ Reviewer lnitials: Dol" J J..I _IY 04-CO.'\- 103 /222 A G R E E MEN T 10-5361 16A 4 for Demolition of Commercial & Residential Structures THIS AGREEMENT is made and entered into this I ~'" day of , JaY"H.^^,~ ' 2010, by and between the Board of County Commissioners for Collier County, onda, a political subdivIsion of the State of Flonda (hereinafter referred to as the "County" or "Owner") and Southwest Builders, Inc., authorized to do business in the State of Florida, whose business address is 11997 Princess Grace Court, Cape Coral, Florida 33991 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on January 9, 2010 and terminating January 8, 2011. This contract shall have three (3) 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) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete 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 Bid #10-5361 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 Quotation procedure 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. . For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. . For work more than $50,000 and less than $200,000; the department may quote out work among all the vendor(s) on contract, or, may conduct a separate new solicitation. . Demolition jobs in excess of $200,000 will require Board of County Commissioners approval and the provision of payment and performance bonds. 10-5361 Demolition of Commercial & Residential Structures Page -1- 16A4 In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes shall be submitted as lump sum based on the unit prices in Exhibit A, Unit Prices, attached hereto and incorporated herein by reference. The using department shall retain the detail. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 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: Southwest Builders, Inc. 11997 Princess Grace Court Cape Coral, Florida 33991 Attention: Maureen A Kaufmann, President Telephone: 239-673-9288 Facsimile: 239-673-9274 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 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 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. 10-5361 Demolition of Commercial & Residential Structures Page -2- 16A 4 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. 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; 1 0-5361 Demolition of Commercial & Residential Structures Page -3- 16A4 Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Reauirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. 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. 12. PAYMENTS. Generally, the Contractor will be paid upon completion upon receipt of an approved pay application and in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act". 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, 10-5361 Demolition of Commercial & Residential Structures Page -4- 16A4 outstanding punchlist items, subsequently discovered evidence or subsequent 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) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 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 demolition 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. 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. C. 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 acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if 10-5361 Demolition of Commercial & Residential Structures Page -5- 16A4 any, against Owner will be the right to seek an extension to the Contract 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 written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. 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 Policy and Administrative Procedures in effect at the time such modifications are authorized. 16. 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). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. 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. 18. 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. 19. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. 10-5361 Demolition of Commercial & Residential Structures Page -6- 16A4 Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20. 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. 21. 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. 22. 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 10-5361 Demolition of Commercial & Residential Structures Page -7- 16A 4. 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. 23. 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 Change 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. 24. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) substantially complete, Owner shall notify Contractor in writing, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly 10-5361 Demolition of Commercial & Residential Structures Page -8- 16A 4 notify Contractor in writing, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 25. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the purchase order date. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when demolition is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a notice to the Contractor in writing pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. 10-5361 Demolition of Commercial & Residential Structures Page -9- 16A 4 When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 27. 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: Contractor's Proposal, Exhibit A, Insurance Certificate, Bid No. 10-5361, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations. 28. 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, 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. 29. 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. 30. 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. 31. 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. 10-5361 Page -10- Demolition of Commercial & Residential Structures 16 A 4 1 32. 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. 33. 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. 34. 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. 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 Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner 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 Owner's staff person who would make the presentation of any settlement reached at mediation to OWNER'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. 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. 10-5361 Demolition of Commercial & Residential Structures Page-11- 16A 4 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 written. ATTEST: Dwi E. Brock, C(e)k of Courts,,( . '^ ~~%14~( n~ted;/lta~ I 0 , ,...Et~~ ,Att.si~~ M._ '", '41/t".:.' .c~ \0'''' t,...,. . ..0 <nurt'OIl, , " ;.,;...' BOARD OF COUNTY COMMISSIONERS COLLlER7fl.CO TY, FLORIDA _ ~. d-t12 By: ~ Donna Fiala , Chairman Second itness teanna. J. Lo[Y:<: Type/Print Witness Name Southwest Builders, Inc. Contractor By: m;t.ULAd~.9ffc~ Signature f'r7fWeeW If. KfTl..rPfJ1~AJ Typed Signature PR.esl"de.AJ+ Title A.~d as to form and ~gal SUff~J t,. I1~L Assistant County Attorney S~ 7/- d?~A-?L Print Name 10-5361 Demolition of Commercial & Residential Structures Page -12- Item # l /.QIFI Agenda ll/~' I 0 Date ~ ~O 10-. EXHIBIT A Unit Pricinll Item Number Item Description 1 Single Story Frame Structure 1S00SF or less 2 Single Story Frame Structure 1501SF or more 3 Multiple Story Frame Structure 2500SF or less 4 Mutliple Story Frame Structure 250lSF or more 5 Single Story Block Structure 1500 SF or less 6SingleStory Block Stucture 1S01SF or more 7 Multiple Story Block Structure 2500SF or less 8 Multiple Story Frame Structure 2501SF or more 9 Mobile Home 10 Charge in the Event Structure has Friable Asbestos 11 Carge in the Event Structure has Non-Friable Asbestos 12 Removal of Debris Materials Litter other than Tires 13 Removal of Hazardous Materials 14 Removal of Tires 15 Removal of Septic Tank 16 Removal of Swimming Pool 17 Removal of Fencing Ail Types 18 Concrete Block Structural Cuts and Restoration 19 Slab Cuts less than 6" in Depth 20 Slab Cuts GreaterThan 6" in Depth 21 Electrician 22 Fumigation 23 Rodent Control 24 Bee Hive Removal 25 Chain Link Seccurity Fence 26 Removal of Driveway Apron 27 Removal of Mail Box 28Well Capped 29 Cap Sewer Line 30 Well Capped and Plugged with Concrete 10-5361 Demolition of Commercial & Residential Structures Page -13- Quantity Unit Price 1500 $1.86 1501 $1.80 2500 $1.74 2501 $1.69 1500 $1.86 1S01 $1.80 2500 $1.80 2501 $1.74 760 $2.23 1500 $2.S0 1500 $1.40 SO $10.00 20 $11.00 50 $1.40 1 $360.00 SOO $1.30 1 $1.00 1 $4.00 1 $2.00 1 $2.60 1 $48.85 1 $240.00 1 $380.00 1 $400.00 1 $1.00 1 $1.50 1 $5.00 1 $10.00 1 $10.00 1 $1,400.00 16A 4 Unit of Measure Total SF $2,790.00 SF $2,701. 80 SF $4,3S0.00 SF $4,226.69 SF $2,790.00 SF $2,701.80 SF $4, SOO. 00 SF $4,351.74 SF $1,694.80 SF $3,750.00 SF $2,100.00 CY $500.00 CY $220.00 EA $70.00 EA $360.00 SF $650.00 LF $1.00 LF $4.00 EA $2.00 EA $2.60 HR $48.85 EA $240.00 EA $380.00 EA $400.00 LF $1.00 LF $1.50 EA $5.00 EA $10.00 EA $10.00 EA $1,400.00 $40,262.78 16.44 ACDRDm CERTIFICATE OF LIABILITY INSURANCE \ DATE(MMlDO!YYYY) I 1/11/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Strattan Scott Inc 28361 Sonny Drive Wesley Chapel FL 33544 ! 813 907 1354 i INSURED Southwest Builders Inc I Sharon L Thornton/licencee ; 11997 Princess Grace Court I Cape Coral, FL 33991 I :cell 239 898 3709 COVERAGES i THE PO~ICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING I ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR i MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH I POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA1MS_ ! l~~ Ydl,...OR"O I, POLICY N""BER policy EFFECTIVE I POLlCY EXPIRATION: ..,r. ,... TYPE OF INSURANCE DATEIMMlDDlYY\ DATEIMM/DO!YYI ; GENERAL LIABilITY INSURERS AFFORDING COVERAGE , INSURER A Ascendant Underwri ters NAIC# LLC ! INSURER B INSURER C INSURER 0 -~-._"-~ : INSURER E- LIMITS L__~~MERCIAL GENERAL LIABILITY j ! <;o,-l ClAJMStAADE i i OCCUR r-'~ -' I I I-I~ : , , r GEN'l AGGREGATE L.IMIT APPLIES PER:i :-, n PRO."""---I i i I, POLICY _ ' JEer 1 lOC I : AUTOMOBilE UABILfTY ANY AUTO : EACH OCCURRENCE :-~l,jl:oft)Kl:.Nt<:.0. : PREMISES lEa oc=u,eEc,e\ > ~ MEa EX!" (Any one r:~~S':'n) : PERSaNAL&AOVINJURY ! GENERAL AGGREGATE 5 -----1 , :5 . PRODUCTS - GOMPIOP A~~J S COMBINED SINGLE UMIT : (Eaaccidentl , ' , : AU OWNED AUTOS i ! SCHEDULED AUTOS ,-, i-I HIRED AUTOS i i NON-OWNED AUTOS I , I i GARAGE UA61LfTY :: ANY AUTO r ~~ESSJUMBREL~ LIABilITY L' OCCUR LI CLAIMSr.WJE BODlL Y INJURY ! (Perp2fScn) is I, ! : BODILY INJURY (Peraccidelll) PROPERTY DAMAGE . (pl!raccidefll) is 'AUTOONLY-EAACClDENT ! S OTHER THAN AUTO ONLY: EAACC is AGG \ S I, j$ ;, : EACH OCCURRENCE AGGREGATE :---; DEDUCTIBLE i RETENTION. S I WORKERSCOMPENSATIONAND : EMPLOYERS' LIABILITY ! ANY PROPRIETOR!PARTNERlEXECUTIVE A I OFf'\CERlMEMBER exCLUDED? 'l'llyes.describaunder , SPECIAL PROVISIONS below ! OTHER !WC 303118 9/23/09 3/19/10 :5 X i l(;~~mll~s i !oJ~.; ~.~_~..__.__ :.~~~~~AC~I!?~~~_i S .1 ,QOO ,000 i E.l orsEASE"EAEMPLOYE~ 1,000,000 i E"L DISEASE -PDLlCYUMIT I $ 1,000,000 -, DESCRIPilON OF OPERATIONS I LOCATIONS I VEHICLES I EX;CLUSIONS ADDED BY ENDORSEMENT I SPECIAl PROVISIONS - . CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners Attn: Lyn M Wood CPM Contract Specialist SHOULD ANY OF THE I..sOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING lNSURER WILL ENDEAVOR TO MAIL~ DAYS ',\fRITTErl NOTICE TO THE CERTIFICATE HOLDER NAl'.\EO TO THE LEFT. BUT FAILURE TO 00 SO SHALL ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVe , ACORD25{2001/0B) @ACORDCORPORATION1988 From: 2392781994 To: Lyn Page: 3/4 Date: 1/11/20104:38:04 PM 1611 4 ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DA.TE(MMIDD/'I'YVY) 1/11/2010 PRODUCl!R THI8 CERTIFICATE 18 I88UED AS A MATTER OF INfDRMATIDN Brown & Brown of FL, Inc. - Fort Myers ONLY AND CDNFER8 NO RIGHT8 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOE8 NOT AMEND, EXTEND OR 3820 colonial Blvd. , Suite 200 ALTER THE COVERAGE AFFORDED BY THE PDLlCIE8 BELOW. Fort. Myers FL 33966 INSURERS AFPORDING COVERAGE NAle" IN3URl!D IN5URERfI:Mid::-.Continenr C;::lBu"'lt'~ C....m....."'nv Southwest Builders, Inc. ""lUR<R' c'f"",,-Ins"rann~ nnmn~n; ~B 11997 Princess Grace Court IN5UKER c: Cape Coral FL 33991 INSURERD: INSURERE. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAV~ BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC~ P~KLOl.l IND"ICATED, NOTWITHSTANDING ANY REOUIR8MENT, TBRM OR CONDtTION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TH. 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 .... ~, POUCYNUMBER POLIcY E....ECTiVE PO' Y IXPtItA TION UMITS A I ~NERAL LIA&IUTY D4GLDOO759494 3/2/2009 3/2/2D20 EACH OCCURRENCE nnon.ODO I 1L e:j'.1ERCIAL GENER~_ LIABILITY PREMISES Ea Dllcurencel Hnn 000 _ CLAlrvlS lr,4ADE li l OCCUR MED EXP lA,nv I;lfleplIrlDnJ SEx,...lllned - ---- PERSO"lAL & AOVINJURY n OOO.JLQ9 - GENERALAGGREGAT~ . 2 onn 000 :;l'~ AGG~EnELlMIT APn ~ER: I'H.ODUCTS - COMP/OP AGG '2 onn noo v POLICY PRO. LOC B ~TOMQB.L.! UABILlTY OlCI1914221 2/28/2009 2/28/2010 COMBINED SINGLE LIMIT - ANY AUTO (Eaaccidentl S 1, 000, 000 - - ALL OWNED AUTOS BoalL. Y INJURY lL SCHI::OULEOAUTOS IPII'Il11l3ol>n) . , - lL HIRED AUTOS I I 1l00lL Ii INJURY X. NON-OWNED AUTOS (f'erBoodent) . I PROF'ERTYOAMAGE . (Pera~~ent) ! ==i~G' "..,,,,., AUTO O"lL V _ EAACCIDEiIlT . I , ........VAUTO Euee . OTHER THAN AUTO ONLY: I<3G . A X ~~SSIUMBRELLALlA8IL.rrY 362041 1/11/2010 3/2(2010 EACH OCCURRENCE . 1 onn nM X OCCUR 0 CLAlMSMADE AGGREGATE . 1..J1nn nno -- - . ;=J ~EDUC:T1aLE . Y RETENTION 11 n non . WOIlKERS COMPEHSATlON AND we SMTU-. I IOJbl- 1E"1..0Yl!:~I' LIABILITY N4Y PROPRIETORJPAATNERJE.XECUTIVE E.L EACH ACCIDENT . OHICERJMEMBER eXCLUDED? ~~Eb~LP~'OVIS1oNS belf)W E.l. DISEASE. fA EMPLOYEE . E.L. DISEASE. POLICY LIMIT . OTHER DEICftPTION 0" OPERATIONS I LOCATIONS I Vl!!HICLES Il!;XCLUSIONI ADDED BY l!!NDOItSI!MINT' IWIiCIAL PROvtllONS 3D.days eancella~ion ~~iee given exeapc ~o 4ay~ for non-paymRnt of pramium rOJect: lO-~3~1 Demol~t~on of Commercial and Residential Structures. Collier COunty Board of County Commi~~ioners i. amed as Add~t~anal Insured for work done by the insured for this project. CANCELLATION~ n n....ua SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Collier County Board of BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY County C<..IltIm..i.I:lSl0nel:.e WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE 2800 N. Horseshoe Dr. CERT~~LCAT~ HOLU~K NAMED TO THE LEFT, BUT ~AILURB TO MAIL Naples FL 34104 SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOAaEORl!F'Rl8IiNTATIVE ACORD 25 ~.-..... C'. tJ..:.k- COVE-RAGES CERTIFICATE HOLDER (200'/08. @ACOROCORPORATlON1988 This fax was sent with GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From 2392781994 To Lyn Page: 4/4 Dale 1/11/2010438:05 PM IMPORTANT If the cert.ificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 certificBte holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmaUvely or negatively amend, extend or alter the coverage afforded by the policies listed thereon_ 16A4 ACORD 25 (2001108) This fax was sent with GFI FAXmaker fax seNer For more information, visit http://vvww.gfi.com 16A It. MEMORANDUM Date: March 11, 2010 To: Lyn Wood, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #10-5361: "Demolition of Commercial & Residential Structures" Contractor: Gruelle Construction, Inc. Enclosed is one original contract, referenced above (Agenda Item #16A4), approved by the Board of County Commissioners on Tuesday, S/rrJ, \2..-,2010. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure (l) FILE NO.: li-o,,;'"; \/ ,'I, i I 16A 4 I.., i-.. i?:. :. ATE R~y. EI~ED:O;J- TCJ(i!i~U:~ -f- ~ r;", c'23 ~ li~ \A) Qt (, 6v f6 L "1 Y', 2'P1 .5 )D J>u..e. o/q/lo ?J) II! I SO-.l V ITEM NO.: n) - W'-Ot$ol ;. , ,r" \.., i-'li,..JL-~ ROUTED TO: :". :' ,:~ - ~i DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 26, 2010 To: Office of the County Attorney Jennifer B. White, Assistant County Attorney From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #10-5361 "Demolition of Commercial & Residential Structures" Contractors: Southwest Builders, Inc. I Gruelle Construction, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on January 12, 2010; Agend Item 16.A.4 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. ~~ '\V\ \0 RLS # /()- flCt..- CHECKLIST FOR REVIEWING CONTRACTS Provided $ Exp Date_ ~ ~~o es V""'Yes No - Yes ~No Yes - No ~ ~ Yes No - - ~ ~ Yes No \ 0\~ -1L..Yes - No -~ V Yes No VYes - No tJ{~ vYes No \,,/' Yes _No L/'"Yes No ~Yes - No ~Yes No ~ Reviewer Initials: ~ Date: ..31&,1) 04-COA-o'I03 /222 Entity Name: G~Uf..LLt... l'lP-iO,srJt.Ul! or/eM,}. /AJt!.. , Entity name correct on contract? Entity registered with FL Sec. of State? Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ d M' t- Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ c;l MIl- Workers Compensation Each accident Required $ I Mol L- Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ I ~IL Aggregate Provided $ II Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Provided $ d ~ I.l- Provided $ r MIL- Provided $ \ I Provided $ II Provided $ SO) If}{) Provided $ t lM I L Provided $ Provided $ Provided $ IMlL It If Exp Date Exp Date _l.,.~.~:::Y es Provided $ Provided $ Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? ,;116 A 4 /Yes \/"'Yes No No ~Yes ~Yes Yes ~ No No ~~J/S/I{) lo/zedlt) ( ( tl Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date l I I ( I , Exp Date ~ 3 (II Exp Date III fJ{ /I , Exp Date h Exp Date t , IO/U(Ii' No Exp. Date Exp. Date 16A "'4 MEMORANDUM FROM: Ray Carter iQ Risk Management Department .J2'''-~ Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department TO: DATE: January 26, 2010 RE: Review Insurance for Contract: #10-5361 "Demolition of Commercial & Residential Structures" Contractors: Southwest Builders, Inc. yGruelle Construction, Inc. This Contract was approved by the BCC on January 12, 2010; Agenda Item 16.A.4 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW DATE RE~IVED ~ 1 2010 pr,v ',r,_ ,\......~ Ih:YAGEMENT mausen_9 16A. 4 From: Sent: To: Cc: Subject: RaymondCarter Thursday, March 04, 2010 12:49 PM LynWood DeLeonDiana; mausen_9 Contract 10-5361 "Demolition of Commercial & Residential Structures" All, I have approved the certificate of insurance provided by Gruelle Construction, Inc. for contract 10-5361. The Contract will now be forwarded to the county attorney's office for their review. Thank you, Ray ~~ Manager Risk Finance Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e-mail addresses are public records, If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing. 1 JJIlbiz.org - Department of State Page 1 of2 16A 4 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List IEntity Name Search Submit I Events No Name History Detail by Entity Name Florida Profit Corporation GRUELLE CONSTRUCTION, INC. Filing Information Document Number K89843 FEI/EIN Number 592994947 Date Filed 05/19/1989 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 11/22/1999 Event Effective Date NONE Principal Address 17600 DEVORE LANE FT MYERS FL 33913 US Changed 01/27/1998 Mailing Address 17600 DEVORE LANE FT MYERS FL 33913 US Changed 01/27/1998 Registered Agent Name & Address GRUELLE, TIM 17600 DEVORE LANE FT. MYERS FL 33913 US Address Changed: 02/23/1999 Officer/Director Detail Name & Address Title P GRUELLE, TIM 17600 DEVORE LN FT MYERS FL 33913 Title VP GRUELLE, VIRGINIA C 17600 DEVORE LANE FT MYERS FL 33913 Annual Reports http://www . sunbiz.org/ scripts/cordet.exe ?action= D ETFIL&in<L doc _ number= K8984 3&i... 12 wWw.sunbiz.org - Department of State Report Year Filed Oate 2007 01/09/2007 2008 01/16/2008 2009 02/12/2009 Document Images QZI121Z0QJ:t::.Af\lNJ1A1Js"!;P_QRI Q1116I2Q08-- ANNUAL REPORT QJ/09/2QQZ=-ANNUAI",RI;PQRT OJ.!Q6/2006..=-ANNUAI",..R.I;.PQRI QJ/06I2QOS=-ANNUAI",BI;PQRI 02/16/2004 -- ANNUAL REPORT 01LL7/2003 =-ANNUAI",HI;PQRT 02/21/2002 -- ANNUAL REP01H Q1/26/2001 -- ANNUAL REPORI 02/20/2000 -- ANNUAL REPORT 11/22/1999 -- Amendment 02/23/1999 -- ANNUALRI;PORT 01/27/199.a -- ANNUAL REPORT 04/22/1997 -- ANNUAL REPORT OS/20/1996 -- ANNUAL REPORT 05/01/1995 -- ANNUAL REPORT View image in POF format View image in POF format View image in POF format View image il'1 POF format View in:tage in POF fOrmat · View image in POF format View image in POF format . View image in POF format View image in POF format . Viewimage.in POFformat Vieyt image ill POP format View image in POF format View image in POF format Itxof24 Note: This is not official record. See documents if question or conflict. Previous on list Next on list R~t.YnLI.o list No Name History Events IEntity Name Search Submit I I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State, http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=K89843&i... 12/11/2009 16A 4 A G R E E MEN T 10-5361 for Demolition of Commercial & Residential Structures THIS AGREEMENT is made and entered into this I ;~+" day of -.--J (ih lAC: Y , 2010, by and between the Board of County Commissioners for Collier County, -~Iorida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Gruelle Construction, Inc., authorized to do business in the State of Florida, whose business address is 17600 Devore Lane, Fort Myers, Florida 33913 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on January 9, 2010 and terminating January 8, 2011. This contract shall have three (3) 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) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete 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 Bid #10-5361 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 Quotation procedure 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. . For work $50,000 or less: the department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. . For work more than $50,000 and less than $200,000; the department may quote out work among all the vendor(s) on contract, or, may conduct a separate new solicitation. . Demolition jobs in excess of $200,000 will require Board of County Commissioners approval and the provision of payment and performance bonds. 10-5361 Demolition of Commercial & Residential Structures Page -1- 16A 4 In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes shall be submitted as lump sum based on the unit prices in Exhibit A, Unit Prices, attached hereto and incorporated herein by reference. The using department shall retain the detail. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 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: Gruelle Construction, Inc. 1760 Devore Lane Fort Myers, Florida 33913 Attention: William J. McFarlane, President Telephone: 239-454-3080 Facsimile: 239-454-2999 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 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 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. 10-5361 Demolition of Commercial & Residential Structures Page -2- 16A 4 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. 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; 10-5361 Demolition of Commercial & Residential Structures Page -3- 16A It. Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 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' ComDensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. 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. 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. 12. PAYMENTS. Generally, the Contractor will be paid upon completion upon receipt of an approved pay application and in accordance with Chapter 218, Florida Statutes, also known as the "Local Government Prompt Payment Act". 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, 10-5361 Demolition of Commercial & Residential Structures Page -4- 16A If. outstanding punchlist items, subsequently discovered evidence or subsequent 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) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 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 demolition 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. 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. C. 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 acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if 10-5361 Demolition of Commercial & Residential Structures Page -5- 16A 4 any, against Owner will be the right to seek an extension to the Contract 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 written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. 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 Policy and Administrative Procedures in effect at the time such modifications are authorized. 16. 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). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. 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. 18. 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. 19. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. 10-5361 Demolition of Commercial & Residential Structures Page -6- 16A 4 Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20. 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. 21. 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. 22. 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 10-5361 Demolition of Commercial & Residential Structures Page -7- 16A 4 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. 23. 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 Change 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. 24. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) substantially complete, Owner shall notify Contractor in writing, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly 10-5361 Demolition of Commercial & Residential Structures Page -8- 16A 4 notify Contractor in writing, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 25. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the purchase order date. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when demolition is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a notice to the Contractor in writing pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. 10-5361 Demolition of Commercial & Residential Structures Page -9- 161 4 When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 26. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 27. 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: Contractor's Proposal, Exhibit A, Insurance Certificate, Bid NO.1 0-5361, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations. 28. 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, 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. 29. 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. 30. 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. 31. 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. 10-5361 Page -10- Demolition of Commercial & Residential Structures 16A 4 32. 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. 33. 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. 34. 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. 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 Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner 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 Owner's staff person who would make the presentation of any settlement reached at mediation to OWNER'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. 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. 10-5361 Demolition of Commercial & Residential Structures Page -11- 16A 4 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 written. ATTEST: . Dwi ht E. BrQck, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '1uJ-W. ~~. Fred W. Coyle, Chairman ~ By:- Dated: (0 . (Seal) A"'" _ U . ....., ~ 1ti1lttllrt, .... ii' , r ,.. /,,' ~ 4,"1 J <''J Fir itnes ~ " ' ,- N"?ivlCr ~ ''S . \--i.L~ Type/Print Witness ame ~dW~ Gruelle Construction, Inc. Contractor By: ~ ttt?tft t tZzV-Ld/ {l Signaf(Jre iii rg In flJ- C &rM.I !.( Typed Signature _Viti!. ?K s/ /:b/l!- Title .5r-e;OA~" C4cp'Mcn.. Type/Print Witness N~me Approved as to form and legal ~ufficien( ~t:. 1/ j i~! .Ai~'~tFmt County Attorney ,~< Y'wJ.;; S 'J if .J< 7'< " < L, Print Name 10-5361 Page -12- Demolition of Commercial & Residential Structures EXHIBIT A Unit Pricinll Item Number Item Description 1 Single Story Frame Structure 1500SF or less 2 Single Story Frame Structure 150lSF or more 3 Multiple Story Frame Structure 2500SF or less 4 Mutliple Story Frame Structure 2501SF or more 5 Single Story Block Structure 1500 SF or less 6 Single Story Block Stucture 1501SF or more 7 Multiple Story Block Structure 2500SF or less 8 Multiple Story Frame Structure 2501SF or more 9 Mobile Home 10 Charge in the Event Structure has Friable Asbestos llCarge in the Event Structure has Non-Friable Asbestos 12 Removal of Debris Materials Litter other than Tires 13 Removal of Hazardous Materials 14 Removal of Tires 15 Removal of Septic Tank 16 Removal of Swimming Pool 17 Removal of Fencing All Types 18 Concrete Block Structural Cuts and Restoration 19 Slab Cuts less than 6" in Depth 20 Slab Cuts GreaterThan 6" in Depth 21 Electrician 22 Fumigation 23 Rodent Control 24 Bee Hive Removal 25 Chain Link Seccurity Fence 26 Removal of Driveway Apron 27 Removal of Mail Box 28 Well Capped 29 Cap Sewer Line 30 Well Capped and Plugged with Concrete 10-5361 Demolition of Commercial & Residential Structures Page -13- Unit of Quantity Unit Price Measure 1500 $2.28 SF 1501 $2.24 SF 2S00 $2.28 SF 2501 $2.24 SF 1500 $2.28 SF 1501 $2.24 SF 2500 $2.28 SF 2S01 $2.24 SF 760 $2.24 SF 1500 $1.96 SF 1500 $0.25 SF SO $10.00 CY 20 $12.50 CY 50 $1.75 EA 1 $245.00 EA 500 $1.50 SF 1 $1.00 LF 1 $2,49 LF 1 $1.00 EA 1 $2.89 EA 1 $3S.00 HR 1 $150.00 EA 1 $22.50 EA 1 $149.00 EA 1 $3.25 LF 1 $1,48 LF 1 $0.10 EA 1 $10.00 EA 1 $15.00 EA 1 $435.00 EA 16A 4 Total $3,420.00 $3,362.24 $S,700.00 $S,602.24 $3,420.00 $3,362.24 $5,700.00 $S,602.24 $1,702,40 $2,940.00 $375.00 $500.00 $250.00 $87.50 $245.00 $750.00 $1.00 $2,49 $1.00 $2.89 $3S.OO $150.00 $22.50 $149.00 $3.25 $1,48 $0.10 $10.00 $15.00 $435.00 $43,847.57 ~ 16A 4 CERTIFICATE OF LIABILITY INSURANCE AtkiRaOD ~ A..oo. 7~8u:anOe :1.537 B"...t:Lay 11.4, B1c!g C Port Nyer.. l'L 33~07 PhaD..23~-t37-55S5 Pax.239-'89-3825 ftSl..IRED OPIO CD Ga'OW:L-l nns & 'I TIi ISI . 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