Agenda 09/13/2011 Item #16E 99/13/2011 Item 16.E.9.
EXECUTIVE SUMIVIARY
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign the Assumption Agreement from GrueIle Construction, Inc. to Hone
Marine Services, Inc. -d/b /a Hone Destruction for Demolition of Commercial and Residential
Structures.
OBJECTIVE: To substitute Honc Marine Services, Inc. d/b /a Honc Destruction ( "Hone "),
successor in interest to Gruelle Construction, Inc. ( "Gruelle "), as one of two contractors for
demolition of commercial and residential structures.
CONSIDERATIONS: On January 12, 2010, the Board (Agenda Item 16A4):
1. Awarded ITB and Contract #10 -5361 for Demolition of Commercial and Residential
Structures to two contractors, including Gruelle; and
2. Authorized the Code Enforcement Department staff to contact both contractors for each
job in order to obtain lump sum quotes based on the unit prices submitted in their bid.
On July 27, 2011 staff was notified that Honc had purchased the assets of Gruelle in March of this
year. Honc would like to assume the rights and obligations of Gruelle under ITB and Contract #10-
X361.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient for Board action, and requires majority support for approval. -JAK
RECOMMENDATION;. That the Board of County Commissioners approves and authorizes the
Chairman to sign the Assumption Agreement from Gruelle Construction, Inc. d/b /a Gruelle to Honc
Marine Services, Inc. d/b /a Honc Destruction for Demolition of Commercial and Residential
Structures.
PREPARED BY: Diana De Leon, Contracts Technician, Purchasing Department
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9/13/2011 item 16.E.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.9,
Item Summary: Assumption of Contract from Gruelle Construction, Inc. to Honc Marine
Services, Inc. d /b /a Honc Destruction for Demolition-of Commercial and Residential Structures.
Meeting Bates 9113/2011
Prepared By
Name: DeLeonDiana
Title: VALUE MISSING
8/25/20118:45:20 AM
Submitted by
Title: VALUE MISSING
Name: DeLeonDiana
8/25/2011 8:45:21 AM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 8/25/2011 10:39:21 AM
Name: WardKelsey
Title: Manager Contracts Administration,.Purchasing & Ge
Dater 8/25/20112:19:35 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 8/26/20117-15:31 AM
Name: De,eonDiana
Date: 8/31/20119:52:14 AM
Name: PriceLer[
Title: Administrator - Administrative Services,
Packet Page -2664-
9/13/2011 Item 16.E.9.
Date: 8/31/2011 1:48:24 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/1/2011 1:48:33 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 9/2/20112:15:52 PM
Name: OchsLeo
Title: County Manager
Date: 9/2/20412:35.-55 PM
9vi i r- 11 Item 16.E.9.
nunu CHAkw i � c ��+ �- oc�r- nvrvt,
(4662)
DESTRUCTION LEE 239 - 772 -BEST
(2378)
/"� DEMOLITION and LOT CLEARING COLLIER 239- 352 -HONC
(4662)
1130 PONDELLA ROAD • UNIT 1 • CAPE CORAL, FL 33909 TOLL FREE 877 - 260 -BEST
Fax 239- 772 -4414
3/1/2011
TO WHOM IT MAY CONCERN;
HONC DESTRUCTION PURCHASED THE ASSETS OF GRUELLE CONSTRUCTION AS OF 3/1/2011. THIS
INCLUDES THE PURCHASE OF VARIOUS EQUIPMENT, ASSUMPTION OF OPEN CONTRACTS (SUCH AS THE
COLLIER COUNTY DEMOLITION SERVICES CONTRACT) AND OTHER OPEN CONTRACTS THAT GRUELLE
CONSTRUCION WAS OBLIGATED TO PERFORM. PLEASE FEEL FREE TO CALL ME DIRECTLY WITH ANY
QUESTIONS.
SINCERE t, j
DAVID MULICKA
PRESIDENT
1
VIRGINIA GRUELLE
CURRENT DIRECTOR OF OPERATIONS FOR HONC DESTRUCTION
PREVIOUS OWNER OF GRUELLE CONSTRUCTION INC.
Packet Page -2666-
9/13/2011 Item 16.E.9.
Form
W -9
Request for Taxpayer
Give form to the
(Rev. January
2003)
Identification Number and Certification
requester. Do not
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page 3. For other entities, it is your employer identification number (EIN). If you do not have a number,
see How to get a TIN on page 3.
Note: It the account is in more than one name, see the chart on page 4 for _guidelines on whose number
to enter.
Under penalties of perjury, t certify that:
Social security number
or
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding. or (b) I have•not been notified by the Internal
Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends. or (c) the )RS has
notified me that I am no longer subject to backup withholding, and
3. 1 am a U.S. person including a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition o ndon o sect
property, cancellation of debt, contributions to an individual retirement
arrangement (IRA). and generally, paym nts dth terest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. (See the ins coons on age 4 .i
Sign Signature of �� i 4 '' �`"”-
Here U.S. person ► ' `. _ Date ► 1 (IE.r�'
Purpose of Form
A person who is required to rile an information return with
the IRS, must obtain your correct taxpayer identification
number (TIN) to report, for example, income paid to you, real
estate transactions, mortgage interest you paid, acquisition
or abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
U.S. person. Use Form W -A only if you are a U.S person
(including a resident alien), to provide your correct TIN to the
person requesting it (the requester) and, when applicable. to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding,
or
3. Claim exemption from backup withholding if you are a
U.S. exempt payee. e
Note: If a requester gives you a form other than Form W -9
to request your TIN, you must use the requester's form if it is
substantially similar to this Form W -9.
Foreign person. If you are a foreign person, use the
appropriate Form W -8 (see Pub, 515, Withholding of Tax on
Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien.
Generally, only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. However; most tax treaties contain a
provision known as a 'saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has- otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income,
you must attach a statement that specifies the following five
items:
1, The treaty country. Generally. this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income..
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts tojustify the exemption from tax under
the terms of the treaty article.
Cat. Rio. 10231X
Packet Page -2667-
Form W-9 (Rev 1.2003)
/-1
11�;
9/13/2011 Item 16.E.9.
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of September 13, 2011, by and
between Hone Marine Services, Inc., a Florida corporation d/b /a Hone Destruction ( "Hone ") and
Collier County, a political subdivision of the State of Florida ("County").
WHEREAS, on January 12, 2010 the Collier County Board of County Commissioners
awarded Contract #10 -5361 "Demolition of Commercial and Residential Structures" to Gruelle
Construction, Inc. ( "Gruelle "), attached hereto as Exhibit A, and hereinafter referred to as
"Agreement "; and
WHEREAS, Hone hereby represents to Collier County that by virtue of an asset purchase
agreement Hone is the successor in interest to Gruelle in relation to the Agreement; and
WHEREAS, the parties wish to formalize Hone's assumption of rights and obligations
under the Agreement effective as of the date first above written.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. Hone accepts and assumes all rights, duties, benefits, and obligations of the
Contractor under the Agreement, including all existing and future obligations to pay and perform
n
under the Agreement.
2. Hone will promptly deliver to County evidence of insurance consistent with Pages
3 and 4 of Contract 910 -5361.
>. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the parties.
Notice required under the Agreement to be sent to Contractor shall be directed to:
CONTRACTOR:
Hone Marine Services, Inc. di'b /a Hone Destruction
1130 -2 Pondella Road
Cape Coral, FL 33909
Phone: 239 -362 -4662: E -mail: David: ;HoneMarine.com
Attention: David Mulicka, President
5. The County hereby consents to Hon's assumption of the Ag =reement. No waivers
of performance or extensions of time to perform are granted or authorized. The County will treat
Hone as the Contractor for all purposes under the Agreement.
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9/13/2011 Item 16.E.9.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Hot
By:
Datc
, Deputy Clerk
Approved as to form
and letal sufficiency:
By:
Jeffrey A. KlatzkoNy
County Attorney
It
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
is Destruction:
Attest: r� °:�.✓'�`'
w
Date:'
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9/13/2011 Item 16.E.9.
10 it
A G R E E M E N T 10-5361
for
Demolition of Commercial & Residential Structures
THIS AGREEMENT is made and entered into this r a +�` day of
_._.J , 2010, by and between the Board of County Commissioners for
Collier County, -lorida, 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 ").
WITNESSETH:
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.
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9/13/2011 Item 16.E.9.
.L V " T
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.
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9/13/2011 Item 16.E.9.
1.0a if
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
n, 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
$2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
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9/13/2011 Item 16.E.9.
f M a-1
Independent contractors; Products and Completed Operations and Contractual
Liability.
B. Business Auto Liability: 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 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,
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9/13/2011 Item 16.E.9.
16A 4
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 Page -5-
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9/13/2011 Item 16.E.9.
IbA 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.
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9/13/2011 Item 16.E.9.
1OH 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 Page -7-
Demolition of Commercial & packet Page -2676 -
Residential Structures g
9/13/2011 Item 16.E.9.
1.an at
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 Page -8-
Demolition of Commercial&
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9/13/2011 Item 16.E.9.
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 Page -9-
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Residential Structures Packet Page -2678-
9/13/2011 Item 16.E.9.
1®n or
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 Packet Page -2679-
111�.
9/13/2011 Item 16.E.9.
16R 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-
Packet Page -2680-
9/13/2011 Item 16.E.9.
A 0 n of
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.
ATTESTS fr
Dwla ht�E �Br,gck, Clerk- of Courts
„.1 t:
e�' ,.^ �. ; (Sea.p
R -�! � �ic#t1s7lM'1
9Ai'trMr; ��,1M"�t
Fir itnes
Type /Print Witness Name
econd Wit ess
Type /Print Witness N me
Approved as to form and
legal ufficienc
le
r /-'-�
County Attorney
b-ePL'4'1
< . .4 .? i A Z L,
Pint Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B y: � W. C'J' — Fred W. Coyle, Chairman
Gruelle Construction, Inc.
Contractor
By: 64 15�11ell-1
Sign re
VIM/n/.q- e 6i-btlb
Typed Signature
10 -5361 Page -12-
Demolition of Commercial &
Residential Structures
Packet Page -2681-
Title
MMINO
9/13/2011 Item 16.E.9.
1 n K 'r+
10 -5361 Page -13-
Demolition of Commercial &
Residential Structures Packet Page -2682-
.._.._...,,_..
3_...._,......... _...._......_...._...._ Unit Pricine
1 ...... -.
........ ... __..._...__._..._.._.._ ....... ...._...._.._......... ........................... ...._..........._........__...'
- - .._..ir-
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'NumberltemDescription+
'Quantity
Unit Price :Measure ;Total
1iSingle
Story Frame Structure 15005E or less
1500
$2.28 SF
, $3,420.00 j
24Single
Story Frame Structure 1501SF or more
1501;
$2.24 'SF
$3,362.24
_ M-
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_
Story Frame Structure 2500SF or less
Story Frame Structure 2501SF or more
r 2500
; 2501
$2.28 SF
$2.24 ;SF
$5,700.00
$5,602.241
j- 5i
Single Story Block Structure 1500 SF or less
1500
$2.28 `:SF
$3.420.00!
f gle
Story Block Stucture 15015E or more - M
1501�
_$2.24 1SF
j $3` 3� 62.24
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Story Block Structure 25005E or less
j 2500+
$2.28 !SF
$5,700.001
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Multiple Story Frame Structure 2501SF or more
_._ _ _ _
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Y ! 2501
,
f 760
$2.24 SF _._._
$2.24 SF
$5,602.24
i _ _ _
; $1702.40
_
'SF
$2,940.00
10
Charge in the Event Structure has Friable Asbestosw
1500F
$1.96
11
Carge in the Event Structure has Non - Friable Asbestos
i 1500
$0.25 'SF
$375.00
12
Removal of Debris Materials Litter other than Tires
Sol
$10.00 CY
$500.00
i 13;Removal
of Hazardous Materials
201
$12.50 CY
$250.00
14 Removal of Tires
i 50j
$1.75 ;EA
$87.50 i
15 Removal of Septic Tank
_ 1
$245.00 EA
$1.50jSF
$245.00
$750.00;
1 Removal of Swimming Poole I 500}
17'Removai'of Fencing AlI Types 1,
$1.00 jLF i $100
181Concrete Block Structural Cuts and Restoration
11
$2.49 LF
$2.49
19 Slab Cuts less than 6" in Depth ............ _..............__._
_,...... -1,T
$1.00 EA
$1.00 i
!
20 Slab Cuts Greater Than 6" in Depth
1
$2.89 EA
$2.89
21Electrician
1
$35.00 'HR
$150.00 ,EA
_ $35.00
$150000'
; 221Fumi tion 1'
23= Rodent Control
1!
$22.50 EA
$22.50
.......,__ _.. _. _._._..._._
24; Bee Hive Removal
._ .._
1
._
$149.00 EA
$3.25 LF
_____j,
$149.00
$3.25 ;
25 =Chain Link Seccurity Fence 11
_.. .......
26 Removal of DrivewayApron
1i
_, _._..
$1.48 LF
...._...._...- _
$1.48
27 ;Removal of Mail Box
1
$0_10 EA
$0.10
28, Well Capped
11
$10.00 EA
$10.00
_.,.... ....w..,,_ .._.__....._....
29`Ca Sewer Line
p_�
1i
$15.00 EA
$15.00
_._._. _...,..,..... .,,,__........,._
30 Well Capped and Plugged with Concrete
3_
1:
_
$435.00 EA
_
_._ _ _ _.i
$435.00
.._
_ ................ ....... ...ti.....
_
....,
$43,847.57
10 -5361 Page -13-
Demolition of Commercial &
Residential Structures Packet Page -2682-
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September 7, 2010
Ms. Virginia Gruelle
Vice President
Gruelle Construction, Inc.
1760 Devore Lane
Fort Myers, FL 33913
9/13/2011 Item 16.E.9.
Fax: 239 -454 -2999
Email: aruelleconstruOlMOvahoo.com
RE: Renewal of Contract #10-5361 "Darnblition of Commercial and Residential
Structures"
Dear Ms. Gruelle:
Collier County has been under Contract with yowr company for the referenced services for
the past year.
The County would like to renew this agreement !under the same terms and conditions for an
additional one (1) year in accordance with the renewal clause in the agreement
If you are agreeable to renewing the referenced contract, please indicate your intentions by
providing the appropriate information as requested below:
I am agreeable to renewing the present contract for 10 -5361 "Dernollt ion of
Commercial and Residential Structures under the same terms and conditions
as the existing contract.
I am not agreeable to renewal of this 4ontract.
If you are agreeable to renewing the contract, said renewal will be in effect from January
13, 2011 until January 12, 2012,
Also, please provide a current Insurance certificate for our files, as per the original
contract requirements. Due to the volume of insurance certificates received in the
Purchasing Department, the contract number should be referenced on the certificate to
ensure that our records are updated accordingly.
Ping D *wsn rd - =1 Tam*d Trad 0311 • Maples, F9arida 3•€112 • www coAiergay. netfpl+rd�asing
ZO /Z9 39vd ' -LSNOO 3-MnHJ 666ZV9V6EZ try :Z0 OTOZ /t0/60
Packet Page -2684 -
1
9/13/2011 Item 16.E.9.
Page 2of2
RE: Renewal of Contract #10-5361 "`Demolition of Commercial and Residential
Structures°
Please return this letter to the Purchasing Department with your response and
insurance certicate no later than September 21, 2010. If you have any questions
you may contact me at 239 -252 -6020, ernoil brandy rravesQc;oliiergay.not and fax
239 --252 -6592.
Best regards,
Brenda Reaves
Contract Technician
Acceptance:
Gruelle Construction, Inc.
Contractor/Vendor
By. e
.�
ignature e &k-Lie-114t
A C..
ped Name and Title
(Corporate Officer)
Date: ! G
In order to make sure our contact information is current, please provide the following:
Contact person: Onry w 1.
Phone �Orul- c30gib
Fax # ', �� 7%' t I 19
Email �ryelleCst'UG•hah_� Cd.
Address: D G e%S3� /3
C: CDES, Transportation
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Packet Page -2685-