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Backup Documents 11/09/2010 Item #16D 916D g MEMORANDUM Date: November 24, 2010 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5558: Commercial Pool Care Program Contractor: Commercial Energy Specialists, Inc. Attached is an original copy of the document referenced above, (Item #16D9) approved by the Board of County Commissioners Tuesday, November 9, 2010. The second original will be held on file in the Minutes and Records Department as part of the Board's official record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment Coker County AcIrrinistratNe Services Dmsm Purchasing ITEM NO.: �5—� 5-1 FILE NO.: ROUTED TO: DO NOT Date: 11/9/10 To: Jeff Klatzkow County Attorney's Office Purchasing Department 160 0 9 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -8941 FAX: (239) 252-6700 Email: RhondaCummings @colliergov.net www.colliergov.net DATE RECEIVED: Request for Legal Services From: Rhonda Cummings, Contract Specialist Re: Solicitation # 10 -5558 "Commercial Pool Care Program" Contractor: Commercial Energy Specialists, Inc. -D k-u 11122 VS 010�0 BACKGROUND OF REQUEST: This contract was approved by the BCC on November 9, 2010, agenda item 16.D.9. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: CO3 Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. Scott Holtrey, Parks & Rec. V/V& \400 G /Acq uisitions/ AgentFormsandLetters /RiskMgmtReviewoflnsurance4 /15/2010/16/09 Entity Name: Entity name correct on Entity registered with FL Sec. of State? RLS a ) O'F?C, Q cS -7 CHECKLIST FOR REVIEWING CONTRACTS �ne.10Uy 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 $_ Products /Compl /Op Required $�w'�l Personal & Advert Required $ Each Occurrence Required $ Fire /Prop Damage Required $ _ Automobile Liability Bodily Inj & Prop Required $� Workers Compensation Each accident Required $ Disease Aggregate Required $ _ _ Disease Each Empl Required $_ Umbrella Liability Each Occurrence Aggregate Does Umbrella sufficiently cover any Professional Liability Each Occurrence Required $ Per Aggregate Required $ Yes No No /1 es No _Yes No No Yes No Provided $ Exp. Date IIG I I Provided $ t e / Provided $ - � K��_ Exp. Date Exp. Date Provided $ it t t Exp. Date Provided $ Exp. Date Provided $ Y IT 11 `'t Exp Date 1 Provided $ - Exp Date Provided $ r-L Provided $ Exp Date Exp Date 7 ir Provided $_afnl Exp Date A� I Provided $- t Exp Date underinsured portion? _ Yes No Provided $ Exp. Date Provided $ Exp. Date Other Insurance 7y Each Dec r Type- �9- Required'$1�R�+ -rJ Provided $ Q r-Y L Exp Date `;0, i�i County requiPintko be named as additional insured? ✓Yes No County named as additional insured? _ _. Yes No IndemntFcation Does indemnification meet County standards? 1611-Yes No Is County indemnifying other party? _ ,Yes . — �0 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: Chairman's signature block'? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Yes No Yes No Yes No t/ Xes No No es No _ Y _ No YeKs _ No s No Yes No V No b' Reviewer Initials: Date'. 04 -COA- 010302 opC; tr cry Adrrurystiative Services Dmsion Purchasing Memorandum Subject: Solicitation # 10 -5558 "Commercial Pool Care Program" Date: 11/9/10 From: Rhonda Cummings, Contract Specialist To: Ray Carter, Risk Manager Purchasing Department 1609 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252-8941 FAX: (239) 252-6700 Email: RhondaCummings (av)colliergov.net www. col liergov. net/pu rch asi n g This Contract was approved by the BCC on November 9, 2010, agenda item 16.0.9. The County is in the process of executing this contract with Commercial Energy Specialists, Inc. The insurance requirements are on page five (5). Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order. please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. C: Scott Holtrey, Parks & Rec. DATE RECEIVED NOV 10 2010 RISK M,<V�GEMFMT (Please route to County Attorney via attached Request for Legal Services) G /Acquisitions /Age ntForm sa n d Lette rs /RiskMg mt Reviewofl n s u ra n ce4 /15/2010/ 16/09 mausen_g 16D9 From: RaymondCarter Sent: Wednesday, November 17, 2010 11:44 AM To: CummingsRhonda Cc: mausen_g; HerreraSandra; HoltreyScott Subject: Contract 10 -5558 "Commercial Pool Care Program" All, I have approved the certificate of insurance provided by commercial Energy Specialists, Inc. which will now be forwarded to the county attorney's office for their review. Thank you, a."011 Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239- 252 -8839 Mobile 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. www.sunbiz.org - Department of State Home Contact Us E•Filing Services Document Searches Page 1 of 2 16D9 Forms Help Previous on List Next on List Return To List Events No Name History Detail by FEI /EIN Number Florida Profit Corporation COMMERCIAL ENERGY SPECIALISTS, INC. Filing Information Document Number G73840 FEI/EIN Number 592550057 Date Filed 12/09/1983 / State FL J/ Status ACTIVE Last Event REINSTATEMENT Event Date Filed 06/07/1985 Event Effective Date NONE Principal Address 860 JUPITER PARK DRIVE, STE 2 JUPITER FL 33458 Changed 07/21/1992 Mailing Address 860 JUPITER PARK DRIVE, STE 2 JUPITER FL 33458 Changed 07/21/1992 Registered Agent Name & Address MENDOZA,ALVARO G. 11639 150TH COURT JUPITER FL 33478 Address Changed: 02/28/1990 Officer /Director Detail Name & Address Title S ARRUZA, VIRGINIA M 127 DANFORTH LANE JUPITER FL 33458 Title P MENDOZA,ALVARO G. 11639 150TH COURT JUPITER FL Title VP http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc number=G73 840 &inq... 9/9/2010 www.sunbiz.org - Department of State MITCHELL, JAMES E 12684 WOODMILL DRIVE PALM BEACH GARDENS FL 33418 Title AST MENDOZA, HILARY 11639 150TH COURT JUPITER FL Title VP ROBINSON, MARK E 401 34TH STREET WEST PALM BEACH FL 33407 Annual Reports Report Year Filed Date 2008 01/14/2008 2009 01/21/2009 2010 06/16/2010 Document Images 06/16/2010 -- ANNUAL REPORT L Fformat 01/21/2009 -- ANNUAL REPORT View imp g e in PDF format 01/14 /2008 -- ANNUAL REPORT View_!ma a in PDF format 01/06 /2007 -- ANNUAL REPORT VieW.ima einPDFformat 01/24 /2006 -- ANNUAL REPORT _''__yiew!rraqe in.PDFformat 01/25/2005 -- ANNUAL REPORT View ima einPDFformat 01/2012004 --ANNUAL REPORT View ima ein PDF format , 01/28 /2003 -- ANNUAL REPORT Viewimaein PDF format 07/12/2002 -- ANNUAL REPORT View image PDF format 01126/2001 -- ANNUAL REPORT View image_in PDF format 02/2212000 -- ANNUAL REPORT -View ima in PDF format 03/03/1999 -- ANNUAL REPORT View im$ e.in PDF format 03/19 /1998 -- ANNUAL REPORT[_ ViewimaeinPDE.f4rmat 03/14 /1997 -- ANNUAL REPORT L View imaein:PDF:format 04/01/1996 -- ANNUAL REPORT View ima a in PDF format 04/11/1995 -- ANNUAL REPORT View:ima ein.POF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History I Home I Contact. us I Document Searches I F- Fiiina Services I Forms I Help I Copvriqht C` and Privacy Polk: ies State of Florida, Department of State Page 2 of 2 1609 http://www.sunbiz.org/scripts/cordet.exe?action--DETFIL&inq_doc number--G73 840 &inq... 9/9/2010 A G R E E M E N T 10-5558 1609 for Commercial Pool Care Program THIS AGREEMENT is made and entered into this t day of Ncvew bc-: , 2010, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and Commercial Energy Specialists, Inc., authorized to do business in the State of Florida, whose business address is 860 Jupiter Park Drive, Suite 2, Jupiter, Florida 33458 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on November 11 , 2010 and terminating /Jc,le. by 2 , 2011 or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three (3) one 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 one (1) firm to be pre - qualified and awarded a Contract to that firm. The selected firm will enter into an Agreement to provide complete services to perform commercial pool preventative maintenance and respond to on -call emergency and maintenance work on pool equipment at Parks and Recreation Department water park sites on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #10 -5558 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. Services will be provided at the following locations, but other locations may be added as needed. 1. Eagle Lakes Community Park 11565 Tamiami Trail E Naples, FL 34112 Water Facility Attractions • Interactive water playground 2. Golden Gate Community Park Aquatics Facility 3300 Santa Barbara Blvd Naples, FL 34116 Water Facility Attractions • Diving well; 2 one -meter spring boards, 1 three -meter spring board Page -1- 16D9 • 25 yard by 25 meter heated family pool • Water slide drop pool One 110 foot open slide • One 110 tube (enclosed) slide Heated Children's Activity Pool 3. Immokalee Sports Complex 505 Escambia St Immokalee, FL 34142 Water Facility Attractions • 25 yard by 25 meter heated family pool • One -meter spring board • Water slide that goes into family pool • Children's Activity Pool 4. Sun -N -Fun Lagoon Water Park North Collier Regional Park 15000 Livingston Road Naples, FL 34109 Water Facility Attractions • Waterslide into Sunny's Lazy River 5 water slides into a drop pool • Heated family pool • Tadpole Pool (Children's Activity wading water area with a fish slide and more) • Sunny's Lazy River; 1,200 feet long 5. Vineyards Community Park 6231 Arbor Blvd Naples, FL Water Facility Attraction Interactive water playground 2.1 Full- service preventive maintenance program will be provided on all aquatic equipment in the above identified properties in accordance with the pricing established in the Bid response. 2.2On -call maintenance, repair, replacement, renovation and /or upgrades will be provided as the result of a detailed quotation which includes each service description (i.e. bearing replacement on 15HP motor located in Building A at Sun -n -Fun Lagoon Water Park) for each piece of equipment to be repaired or replaced by location. The number of hours, cost per labor hour, material and parts, and any additional rented and non - rented equipment (i.e. crane) to complete the job must be itemized. A FINAL TOTAL should be identified for the entire quotation. Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a quotation for the Work; the Contractor shall respond with the information sought in accordance with the timeframes established in section 2.3 below, unless otherwise specified by the requesting Department. In Page -2- 1609 each request, the Owner reserves the right to specify the period of completion for the Work to be performed. • For purchases estimated to be less than $50,000 per order: the department may select the awarded Contractor or competitively solicit for new quotes. For purchases estimated to be greater than $50,000 per order and less than $200,000 per order: the department may request a quote from the awarded Contractor or may conduct a separate new solicitation. 2.3 Provide quote information upon request by the County project manager in the following timeframes, and under the following conditions: 1) For emergency work: provide verbal quote within one (1) hour from contact by the Department's project manager. 2) For general repair work: provide written quote within three (3) business days from contact by the County's project manager. A "no- quote" or "no -bid" is considered a valid quote by the County. 3) For replacement or new equipment installation: provide written quote within five (5) business days from contact by the County's project manager. A "no- quote" or "no -bid" is considered a valid quote by the County. a. Commence emergency repair service on aquatic equipment upon direction by the Department's project within one (1) hour from authorization_ b. Commence general repair work and replacement or new installation work upon receipt of the County's purchase order. c. Provide for "re- work" service: in the event that the County's project manger declares the work has been performed to an unsatisfactory condition, the Contractor will return to the project site within seven (7) business days to correct the repair, replacement or new installation to the satisfaction of the County for no additional cost. d. Provide for a material and labor warranty of one (1) year from the date of acceptance by the County's project manager. e. Provide a crane (as needed) for emergency, general repair or replacement/new equipment installation. COMPENSATION. For preventive maintenance, the County shall pay the Contractor for the performance of this Agreement in accordance with section 2.1 above. On -call maintenance, repair, replacement, renovation and /or upgrades will be paid in accordance with section 2.2 above for each quotation. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 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: Page -3- 1609 Commercial Energy Specialists, Inc. 860 Jupiter Park Drive, Suite 2 Jupiter, FL 33458 561 - 744 -1557 Phone; 561-354-2732 Fax Alvaro G. Mendoza, President 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 Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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 Page -4- 1609 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 $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000.00 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. Page -5- 16D9 12. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 13. 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 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 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 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. 14. 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. A Purchase Order modification shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Purchase Order modification. The Contract Amount and Contract Time shall be adjusted in the Purchase Order modification in the manner as Owner and Contractor shall mutually agree. 15. 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, Page -6- 1609 Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 16.CLEAN UP. Contractor agrees to keep the 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. 17.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. 18. 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. See Exhibit A for an example of warranty form. 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. 19.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. 20. 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. Page -7- 21. PROTECTION OF WORK. 16D9 A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 22. 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. 23. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks and Recreation Department. 24. 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, Insurance Certificate, ITB No. 10 -5558, any addenda, any Quotation/ made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Purchase Orders. 25. 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 1609 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31.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. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. SUBSTITUTE PERFORMANCE In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County Page -9- 1609 reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. 34.ADDITIONAL ITEMS /SERVICES: Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. Page -10- • 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: Dwight E. Brock, Clerk of Courts Bv- � 1 111 -1da-ag , t . Dated: 4 F t`. F First Witness Jim Mitchell Type/ 'nt Witness Name Seco d W ess Alvaro Mendoza Type /Print Witness Name App as tMorn le al suffici Scott Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: L.k (A). G~ Fred W. Coyle, Chairman Commercial Energy Specialists, Inc. By: - Signature Mark Robinson Typed Signature Vice President Page -11- Title Item # Date TD Date VV Date t I !►� ..I I\ Recd � r w VlJ 1609 EXHIBIT A WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Contract #10 -5558 "Commercial Pool Care Program" Date of Final Completion: One year from date of contract. Name and Address of CONTRACTOR: Commercial Energy Specialists Jupiter Park Drive Jupiter, FL 33458 CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and /or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: 10/19/10 Mark Ronbinson, Commercial Energy Specialists CONTRACTIR BY: Attest: Page -12- ACORQ. CERTIFICATE OF LIABILITY INSURANCE L6 DA (mmmmyYY') 10/06/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the pol"Ies► must be endorsed. M SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A stabmsnt on this certificate does not confer rights to the certificate holder In lieu of such endonssmeni PRODUCER CONTACT Patty Beck Insurance Office of America, Inc., (561)776 -0660 1N,x(561)7.76_- _067.0_ Abacoa Town Center 1200 University Blvd., Ste 200 - - Jupiter, FL 33458 -- __ -_ INSURED INBURERA: Hartford Casualty Ins Company I 00914 Commercial Energy Specialists, Inc. NSURERe. First_ Natl Ins Co of America 24724 860 Jupiter Park Drive wuwm kC: FCCI Insurance Company 10178 Suite 2 _.__-- ___ - --- —_ NSURER D' Jupiter, FL 33458 INSURER E' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRi__- _�....._ _. .__ ._— -_ _._- -.. _..____.._ _ LT, TYPE OF INSURANCE INBR MU POLICY NUMBER LIMITS GENERAL UAMLIW ! I 21UUNAG162 02116/2010 02/16/2011 EACH OCCURRENCE $ 1,000, Ow X COMMERCIAL GENERAL ITY � _ Naples, FL 34112 Sean Thomas BECKP �PREMISE31Fav1 $ 300, CLAIMS MADE X OCCUR MED EXP (My aM panwnl S 10 A I li PERSONAL S ADV INJURY S '. r ' AL - 1 GENERAL AGGREGATE E 2 GOO, GEN L AGGREGATE LIMIT APPLIES PER ', �, PRODUCTS COMPIOP AGO �$ 2,000, im -- ' POLICY -_ I JECT LOC --- __ _ -_ t s _ AUTOMOBILE DABRITY I 25C'C135710 02JI6120jolo2ilG/20111 COMBINED SINGLE LIMB $ (ES acri0ant) 1,000,00 X ANY AUTO BODILY INJURY(i parson) ._ S ALL OWNED AU BODILY INJURY (Per A t) S B SCHEDULED AUTOS I rPROPERTYDAMAGE $ X'. HIRED AUTOS IPer ptti0ent) X . NON -OWNED AUTOS $ X omp Ded $ 500 UMBRELLA LIAB X OCCUR 1 21RRUAG1012 02/18/2010 02116120111 EACHOCCURRENCE $ 2,000,0 EXCESS 1.11,11 :.CLAIMS -MAOE� ( AGGREGATE t $ 2,000,000 A DEDUCTIBLE , $ X �'I RETENTION $ 10,00"1 $ WORKERS COMPENSATION X lIQR AND EMPLOYERS U4MLRY YIN ANYPROPRIETOWPARTNERIEXECUTIVE 001WCIOA6140 -Y 02/1612010 02/1812011 EL EACH ACCIDENT $ 1_,000,00_ C ' OFFICERIMEMBER EXCLUDED? NA I (MardAM In Ni E L DISEASE - EA EMPLOYEE $ 1,000,000 tt ye,, W flm carder I DESCRIPTION OF OPERATIONS lM1pv - IEL. DISEASE - POLICY LIMIT _ $ 1.000.000 Excess Liability over Aut 01X514416 0211612010 02118/2011; Each Occurrence $2,000,000 B !Liability Only Aggregate S 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ARaW, ACORD 101, Ao00o,W Ranv,b Se11s0ii H n spsps W r"Wi Certificate Holder is Additional Insured with respects to General Liability per form WAN1060 hen required by written contract. CFRTIFICATE HOLDER CANCELLATION 011XNhMV ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County AUTNORRED REPRE6ENTATrn � r 3301 Tamiami Trail East Naples, FL 34112 Sean Thomas BECKP 011XNhMV ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD