#10-5558 (Commercial Energy Specialists, Inc.)
A G R E E MEN T 10-5558
for
Commercial Pool Care ProQram
THIS AGREEMENT is made and entered into this ~ day of tJr)'JeiMbc.r , 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").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on
fJove_'M bILl 9 , 2010 and terminating Novt.iN\ "(if ~ ,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. EaQle 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-
. 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 LaQoon 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.
2.2 On-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-
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 emerQency work: provide verbal quote within one (1) hour from contact by the
Department's project manager.
2) For Qeneral 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.
3. 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-
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-
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 Liability: 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-
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-
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.
19.5TANDARDS 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.
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
Page -8-
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-
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.
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: '1uJ.- W. ~
Fred W. Coyle, Chairman
ATTEST:;.;..
Dwight E. &roBk..'. Clerk of Courts
'0'< ...
f(,~':J
''!or''
Jim Mitchell
Commercial Energy Specialists, Inc.
~1
I '
By: I. /
Signature
Mark Robinson
Typed Signature
Vice President
Title
Alvaro Mendoza
Type/Print Witness Name
ApQ a:n~/j) ,nd
Ie al SUfficiij( ;{e......",L
Scott Teach
Deputy County Attorney
Page -11-
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
860 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 Energv SDecialists
CON~~
BY: \,
--
Attest: ~
JY
Page -12-
DATE (IIIIIIDD/YYYY)
10/06/2010
THIS CERTIFICATE IS ISSUED AS A MATTER Or: INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AlIENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUClES .
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSlTTUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poIlCJ(les) m.. be endorsed. If SUBROGATION IS WAIVED, subject to
the tenns and conditions of the policy, c:ert8ln policies may requi... an endorsement A statement on this ~ dOM not confer rights to the
certificate holder In lieu of such end s).
PRODUCER
Insurance Office of ~rica. Inc.
Abacoa Town Center
1200 University Blvd.. Ste 200
Jupiter, FL 33458
ACORQ..
CERTIFICATE OF LIABILITY INSURANCE
Patty Beck
. (561) 776-0660
No (561)776-0670
INIUReR f :
COVERAGES CERTIFICATE NUMBER: 10/11 COl REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONomONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR -
LTR
X
OOlWC10A6140 0211612010 0211612011 1 000
1,000
E.L DISEASE - POlICY UMIT s 1 000
OUSI4416 0211612010 02118/2011 Each Occurrence $2.000.000
Aggregate $ 2.000.000
AFFORDING CO\/IIRME
Hartford Casual ty Ins CoIlpany
First Hatl Ins Co of America
FCCI Insurance Co.pany
INSURED
IN8UREIt A :
INSURER B :
INSUREJt C :
INSURER D :
INSURER E :
Commercial Energy Specialists.
860 Jupiter Park Drive
Suite 2
Jupiter. FL 33458
Inc.
TYPE Of INSURANCE
GENERAL LIA8IUTY
UIIITI
S
S
S
S
S
S
S
INSR WVD
A
X COMMERCIAl GENERAlLlABlLllY
ClAlMS-MAOE [!] OCCUR
'~.....-I
I GEN'L AGGREGATE LIMIT APPlIES PER:
tED EXP (Any one penon)
PERSONAl & N:N INJURY
GENERAl. AGGREGATE
PROOUCTS - COMPIOP AGO
POLICY ~o.r
AUTOMOBILE UA8IUTY
I x-"l Nlf AUTO
f--.<~~
I i AlL OWNED AUTOS
B P SCHEDULED AUTOS
L! I HIRED AUTOS
i X 1 NON.QWNED AUTOS
i X 0ft1) Oed $ 500
I UII8REU.A UAB X
I EXCESS lIA8
LOC
25CC135710 0211612010 0211612011
COMBINED StNGlE lIMIT S
(e. eccident)
BOOIlYIHJURY(P<<penon) S
BOOIl Y lNJUftY (Per eccidInl) S
PROPERTY DAMAGE
(P<< lICCidenl)
2lRHUAG101 0211812010 0211612011
EACH OCCURRENCE
AGGREGATE
OCCUR
CLAlMS-MAOE
A.
C
B
DESCRIPTION Of 0PERA11ONS1 LOCATlONS/VEHlCl.ES (Mach ACORD 101, ~ "*'-b ScMduIe, If_..-. Is rwqulnd)
ertificate Holder is Additional Insured with respects to General Liability per fOrM HGOOO1060
en required by written contract.
CERTIFICATE HOLDER
CANCELLATION
NAIC .
00914
24724
10178
1,000
1 000
300
10.
1.000.
2.000
2.000
S
S
S
S
S
S
S
2.000.
2 000
SHOULD ANY OF THE ABOVE DESCRIBED POUClES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DEUVERED IN
ACCORDANCE WITH THE POUCY PROVISIONS.
Colli er County
3301 Tamiamn Trail East
N les, FL 34112
AUTHORIZED REf'IIlEANTATM!
ij. ~~
ACORD 25 (2009109)
Sean ~s ECKP
C 1981-2009 ACORD CORPORATION. All rights .....rved.
The ACORD n.me and logo .... registered marks of ACORD
County
~ServicesDivisioo
Purd1a$ing
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-8941
FAX: (239) 252-6700
Email: RhondaCummings@colliergov.net
www.colliergov.net
1,,6.D..9.:I....
i I' .< '...
11-. i ~T . " ".: . .--- .r-.. .... >~
:. . ,.... i. I " 1:\ 1
'I :; J ," i '..': :i '., L:
t '-J
:)
I I
\o-~r .. () \ 1 CSt
ITEM NO.: \"~
DATE RECEIVED:
Request for Legal Services
J) l-U. \\ 11. 'L
1rt~ 17~
(L-V> 1: a-o
~~&Y11 yO
)\l~
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Date:
11/9/10
To:
Jeff Klatzkow
County Attorney's Office
From:
Rhonda Cummings, Contract Specialist
Re:
Solicitation # 10-5558 "Commercial Pool Care Program"
Contractor: Commercial Energy Specialists, Inc.
BACKGROUND OF REQUEST: ( rIJ
Th is contract was approved by the BCC on November 9, 2010, agenda item 16. D.9..~ V)'
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 at the telephone number or email address above. Purchasing would appreciate
notification when the documents exit your office.
C:
Scott Holtrey, Parks & Rec.
~~
\~\~,~
G/Acqu isitions/AgentFormsandLetters/RiskMgmtReviewofl nsu rance4/15/201 0/16/09
RLS # -1 of'ec___ O\I"<)~
CHECKLI~T FOR REVIEWING CONTRA~TS . ~ 16 D 9
Entity Nam" ~{{\Jal. 9f("~~,,al~ .J--nC .
Entity name correct on contract? ~ _No
Entity registered with FL Sec. of State? Yes No
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 $ \ VV'\\ \ \
Personal & Advert Required $ ..\ ' ,
Each Occurrence Required $ \ VY\. \ \ \
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ ~ ~ Provided $
Workers Compensation
Each accident Required $~
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence
Aggregate Provided $ ". I
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $ Provided $ Exp. Date
Per Aggregate Required $ Provided $ Exp. Date
Other Insurance . l
EachOcC\.lr Type: q,,'(...(!!.S~ Requirect$@Ull..er- Provided$Qm,l
\~ ~.h\ \\ \-4 oveJ-~
County requ~o be named as additional insured? v-Yes
County named as additional insured? Yes
~es No
~Yes No
~ No
L..-Yes No
Provided $ Qn'\ ~ \ \ Exp. Date () L,_ III
Provided $ " , I Exp. Date ~
Provided $ \ yY\\ \ \ Exp. Date ~' t , J
Provided $ I ~ I I Exp. Date
Provided $ 2:J::D "- Exp. Date
\YY\~\ \ EXPDate~\ \
Provided $ \ '(Y\\ \\ Exp Date ~
Provided $--,1I' I Exp Date _ ., )
Provided $ ----L Exp Date --l- I r
Exp Date d \ \6 III
Exp Date Ii "
_Yes ,~ No
Provided $d(Y'\~ \ \
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
Exp Date ~/l I
No
No
~es
Yes
No
L..-Ao
Yes
No
Yes
Yes
No
No
~s
~
~~
--vY ~;
/w
No
No
No
No
No
No
No
ReVie~~ Initials: ~\ ~ J
Date:
04-COA-OI030/2
..
Cmmty
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-8941
FAX: (239) 252-6700
Email: RhondaCummings@collierqov.net
www.collierQov.net/purchasinq
16D 9
Adninistral:ive Sel'vioos Division
Purd1$:$ing
Memorandum
Subject:
Solicitation # 10-5558 "Commercial Pool Care Program"
Date:
11/9/10
From:
Rhonda Cummings, Contract Specialist
To:
Ray Carter, Risk Manager
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.
~.. ro~Y_
..U
Risk agement Signature
~7L
Date
C:
Scott HOltrey, Parks & Rec.
DATE RECEIVED
NOV 1 0 2010
RISK MANAGEMENT
(Please route to County Attorney via attached Request for Legal Services)
G/Acqu isitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/20 10/16/09
'.
mausen 9
From:
Sent:
To:
Cc:
Subject:
16D 9
RaymondCarter
Wednesday, November 17, 2010 11:44 AM
CummingsRhonda
mausen_g; HerreraSandra; HoltreyScott
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,
~ Cah.t.eh.
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.
1
www.sunbiz.org - Department of State
--
,.-...,
Page 1 of2
16D 9
Home
Contact Us
E-Filing Services
Document Searches
Forms
Help
Previous on List Next on List
Return To List
Events
No Name History
Detail by FEI/EIN Number
Florida Profit Corporation J
COMMERCIAL ENERGY SPECIALISTS, INC.
Filing Information
Document Number G73840
FEIIEIN Number 592550057
Date Filed 12/09/198j
State FL
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&in'L doc _ number=G 73 840&inq... 9/912010
www.sunbiz.org - Department of State
, ~
Page 2 of2
~
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
16D 9
Report Year Filed Date
2008 01/14/2008
2009 01/21/2009
2010 06/16/2010
Document Images
06/16/2010 -- ANNUAL REPORT [*, ,:Y:iew,illJaae jn:PDF fonn~tJ
01/21/2009 -- ANNUAL REPORT [. ,~~w"imaQe,jn PD~!QIT!1at ..,~J
01/14/2008 -- ANNUAL REPORT r . Yiew imagein<PDF fOrmat l
01/06/2007 -- ANNUAL REPORT r /. 'iitYJ image in PQF ~ormat:~. J
01/24/2006 - ANNUAL REPORT L,V:i@;Wjm!3:9~t!n.PDF formatJ
01/25/2005 --ANNUAL REPORT L ,View im..ae in J:Qf,f9rm~t,.. .]
01/20/2004 -- ANNUAL REPORT L .Viev(imag~ in fQ~Jo~t. ]
01/28/2003 - ANNUAL REPORT [ View imageiO PQF format .)
07112/2002 -- ANNUAL REPORT [ Y:ie~ image in PR.fJorrnat J
01/26/2001 -- ANNUAL REPORT L, ' View!ma9~JltPDFforrnat ",J
02/22/2000 - ANNUAL REPORT L:..; dA~~je:w:image i.!lJ~OF fornllL~ 'd 1
03/03/1999 -- ANNUAL REPORT r .,. ~!e)V imaQe.io PP.I:)QrrnJlt" . J
03/19/1998 -- ANNUAL REPORT r / Viewjf!lage in POEJormm. J
03/14/1997 -- ANNUAL REPORT [ View iroa9.~Jn fiOE,f9rmat I
04/01/1996 -- ANNUAL REPORT l_, ~Vlew image in pDF fo'!!!!t, ]
04/11/1995 -- ANN UAL REPORT [..' ~ew imaaejp ~RF Jormat ]
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 E-Filinq Services I Forms I Heip I
Copyriqht@ and Privacy Policies
State of Florida, Department of State
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in'L doc _ number=G73840&inq... 9/9/2010