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#12-5985 Assumption Agreement (Intelligent Infrastructure Solutions, LLC) ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of J Lkin , 2014, by and between Intelligent Infrastructure Solutions, LLC ("Intelligent"), and Collier County, a political subdivision of the State of Florida("County"). WHEREAS. on May 14, 2013, the County entered into Contract 412-5985 "Fiber Optic Installation, Repair and Maintenance" with SPE Utility Contractors FD, EEC ("SPE") (a copy of which is attached, together with any extensions thereto, as Exhibit A. and hereinafter referred to as the "Agreement"); and WHEREAS. Intelligent hereby represents to Collier County' that by virtue of a mutual agreement by both entities Intelligent is the successor in interest to SPE in relation to the AL-reement.. and WHEREAS, the parties wish to formalize Intelligent's assumption of rights and obligations under the Agreement, effective as of the date first above written. NOW THEREFORE. TN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which arc acknowledged by the parties, it is agreed as follows: 1. Intelligent accepts and assumes all rights, duties, benefits, and obligations of the Consultant under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. Intelligent will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Consultant shall be directed to: CONTRACTOR: Intelligent infrastructure Solutions, EEC 7676 Jean Boulevard Fort Myers, FL 33967 Phone: 239-494-7411; Fax: 239-790-1351. Attention: Tim Beckman, RCDD 5. The County hereby consents to intelligent's assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Intelligent as the Contractor for all purposes under the Agreement. IN WI FNESS \k HEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. FOR COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS E. BROCK, Clerk COLLIER COUNT) FLORIDA 04, totharman's Tom Henning, Chairman `....'2.l\stpture only. V FOR Intelligent Infrastructure Solutions, LLC al%IA Atte,. . Alliffrit) 0-Awsr--0_ 1 Nwet_ 61 ped/Written Name and Title Typed/Written Name Date: 51)-9 t Date: 5. 2-9\ •ILI- t‘pproved tis-0 form and legality: By: Jeffrey A, Kit :OW Coun i\4orney i".—.110 ONPIN-1 OP ID:JD ,d►coRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4.,........-- 05/12/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 231-922-7220 CONTACT Peterson McGregor&Associates PHONE FAX 1368 Business Park Dr 231-922-7275 (A/C,No,Ext): (A/C,No): Traverse City,MI 49686 E-MAIL Steve McGregor ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:HDI-Gerling America 41343 INSURED Intelligent Infrastructure INSURER B:Endurance American Solutions,LLC 7676 Jean Blvd. INSURER C: Fort Myers, FL 33967 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X EGGCC000055013 08/25/13 08/25/14 DAMAGETO REN fED PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) _ $ None X Contractual PERSONAL&ADVINJURY $ 1,000,000 X Per Project Agg GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY X JECT LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea acddent) $ A X ANY AUTO EAGCC000055013 08/25/13 08/25/14 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-0WN-O NED PROPERTY DAMAGE $HIRED AUTOS AUTOS (Per accident) $ • UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 ^ B X EXCESS LIAB CLAIMS-MADE ELD10004161600 08/25/13 08/25/14 AGGREGATE _ $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE EWGCC000106913 10/01/13 10/01/14 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Collier County is listed as additional insured regarding the general liability for any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION COLCO-7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples,FL 34112 — ` L( ACV.Rgioz I ©1988-2010 ACORD CORPORATION. All rights rese d. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD U Exl-t b� - c\ AGREEMENT 12-5985 for Fiber Optic Installation, Repair and Maintenance THIS AGREEMENT, made and entered into on this J444'41 day of May 2013, by and between SPE Utility Contractors FD, LLC as the Secondary vendor, authorized to do business in the State of Florida. whose business address is 24 Pelican St. W., Naples, Florida 34113, (the "Contractor") and Collier County. a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon the Date of Board award. 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. CONTRACT TERM. The contract shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods The County 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. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve months, budget availability and program manager approval. 3. STATEMENT OF WORK. The Contractor shall provide to provide a variety of fiber optic services in accordance with the terms and conditions of Bid #12-5985 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. The award of this contract was made on a Primary/Secondary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary vendor may be utilized. 4. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit prices (per Exhibit A — Bid Schedule), together with the cost of any other charges/fees submitted in the proposal. 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". Page 1 of 10 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. 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. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: SPE Utility Contractors FD, LLC 24 Pelican St. W. Naples, FL 34113 ATTN: David Postill, MGRM Telephone: (810) 364-3331 Facsimile: (810) 364-3332 Secondary Office: Intelligent Infrastructure Solutions 3893 Mannix Dr., Suite 502 Naples, FL 34114 ATTN: Tim Beckman Telephone: (239) 494-7411 Facsimile: (239) 304-8953 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing &General Services Director Telephone: 239-252-8975 Facsimile: 239-252-6480 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. 7. 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. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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. All Page 2 of 10 OV3 non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per 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. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate 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 $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Page 3 of 10 Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors/Consultants comply with the same insurance requirements that he is required to meet. 13. 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management's Traffic Operations Department. 15. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT., This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out Page 4 of 10 y�i) verbatim: Contractor's Proposal, Insurance Certificate, Bid #12-5985 Specifications/ Scope of Services and written response to questions, Exhibit A Bid Schedule. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 23. 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. Page 5of10 0 24. 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. 25. CONTRACT STAFFING: The Contractor's personnel and management to be utilized for this contract shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. PROTECTION OF PROPERTY: The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. 27. 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 project, 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. 28. CONFIDENTIAL AND PROPRIETARY INFORMATION A. Proprietary Information. Customer acknowledges that in order to perform the services called for in this contract, it shall be necessary for Contractor to disclose to the customer certain Proprietary Information that has been developed by Contractor at great expense and that has required considerable effort of skilled professionals. Customer further acknowledges that the programs will of necessity incorporate such Proprietary Information. Customer agrees that it shall not disclose, transfer, use, copy, or allow access to any such Proprietary Information to any employees or to any third parties, excepting those who have a need to know such Proprietary Information in order to give effect to the Customer's rights hereunder and who have bound themselves, in writing, to respect and protect the confidentiality of all such Proprietary Information. In no event shall the customer disclose any such Proprietary Information to any competitors of Contractor. B. Notwithstanding, anything to the contrary in any other section of this Contract, Contractor hereby acknowledges that the Customer is subject by law to certain information and document disclosure and copying requirements that may require the County to disclose information or copies of documents relating to or forming part of the program(s) trade secret or copyright protection. Accordingly, prior to disclosing such information or reproducing such documents to a third party, the County shall seek the Contractor's written consent to each such disclosure or reproduction and the Contractor agrees not to unreasonably with hold such consent. Neither customer nor Contractor has any obligation to disclose any Trade Secret. "Trade Secret" as defined in Section 812.081, Florida Statutes, are exempt from "Public Records Law" disclosure by Page 6 of 10 application of Section 119.08(3)(o), Florida Statutes. Customer shall not intentionally disclose any of the subject trade secrets. In the event that customer is unsure whether an item is a trade secret, Customer shall rely on Contractor's assertion that the item is a trade secret and shall in reliance thereon treat the item as a trade secret vis-a-vis Chapter 119, Florida Statutes. In any case where the Contractor expressly consents to specific disclosure of information or reproduction of documents relating to or forming part of the program(s), the Contractor hereby waives for each specific disclosure or reproduction any claim against the County for violation of trade secret or copyright laws or violation of any term of this Contract for such a release of information or copies of documents. In any case where the Contractor refuses to consent to disclosure or reproduction and the County is as a result thereafter made a party to a suit arising under Chapter 119, Fla. Stat (i.e., the "Florida Public Records Law"), the Contractor agrees to intervene in such suit with counsel and at the Contractor's expense and to present evidence to establish that the information or documents the Contractor has requested the County to withhold under the terms of this Contract are in fact exempt from disclosure under the Florida Public Records Law pursuant to Section 119.07(3)(o). Should the court in such a suit determine that the information or documents in question must be disclosed or reproduced pursuant to the Florida Public Records Law, the Contractor shall have no claim against the County for violation of this Contract or trade secret or copyright laws or otherwise. However, to the extent the Contractor did not unreasonably withhold its consent to disclosure or reproduction in the first place, the Contractor also shall have no obligation to pay any attorneys' fees or costs assessed against the County as a result of the nondisclosure or non-reproduction of the information or documents. 29. 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 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. 30. WARRANTIES: Vendor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. 31. 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 by the Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the 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. Page 7 of I0 32. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. 33. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. 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 the County. *******************Remainder of page intentionally left blank*********************** Page 8 of 10 \1' 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. BOARD OF COUNTY COMMISSIONERS ATTEST: ' COLLIER COUNTY' FLORIDA f Dwight E. Brock,'Clerk of Courts , ) By , —2,- — ,— ea ed: $11(;_17- ..:1.. s.. ' , -. -:: , :s'.. - ... *, 2 o•- . 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LU I- t'. f.3 Li j u- -te. 4, b.0 Q '3 7:0 .c t- 0 4. 51 0 .2 0 0 - >< el) 111 0 FL ft) CC i 0 ow ff+ Z •Ct 0 t" Ea" 0, c•si ,-) s , ,- x c r-- co co co co 4C 0 0 = ccs ......‘. a. 10 ____ PM: Rick Bossert ITS 12-5985 TASK 1 PS. 8endo8h|hart Fiber Optic Instaflation, Maintenance and Repair TASK 1: Routine Maintenance Sample Work Quote Scenario Perform mid-span splices at three existing FO a,nd pull box locations(splice endosure$are present in each box),with the foIowing conditions: (1) 12$'pigtails are present at each'ocation.running from puU box to cabinet(unterminated) (2)At each Dcati0n splice the BL and OR fibers from the BRiE buffer into a1Z-FSrmpigtail, such that the 8L and OR fibers in the BLUE buffer of the pigtail are on the recieve side' and the GR and BR fibers in the BLUE buffer of the pigtail are on the'transmit'side; effectively 2-in, 2 out,in a daisy chain'from location to location, (3)Terminate the four strands of the existing pigtail into a patch panel(not provided) using SC terminations. (4) Provide two 3-meter duplex SC-to-LC patch cords per location. (5) Upon completion,test each terminated strand for connectivity with the nearest network node location(single direction test only) Provide OTDK traces zo requesting department. TASK 1 QUOTE DETAILS 18 Fiber Optic Splicing,fusion(110 fibers) 12 $26,00 $ 312.00 --- — ' 23 Fiber Optic Termination,new(1-10 fibers) 12 $31.00 $ 372.00 31 Patch Pane|'�e|dterminated 3 $62.00 $ I86.00 ` - 32 Fiber Optic Connector Panel 3 $85.00 $ 255.00 35 Patch[ab}� ��' � 3 ' Dup|ex�SC�nU[ 6 $I8.50 $ 111.00 . - 3M, 42 OTDR Testing(1-l0 fibers per location) 12 $12.00 $ 144.00 � � $ $ -- � � - ! � g 5 ~ ALL UNIT PRICES ABOVE FROM BASE BID Task 1 Total $ 1,380.00 5of6 (;-9) PM: Rick Bossert ITB 12-5985 TASK 2 PS Brenda Bri!hart Fiber Optic Installatin, Maintenance and Repair TASK 2: Major Fiber Optic Installation Sample Work Quote Scenario: Furnish and install conduit,fiber optic cable, pull boxes,and any other necessary goods or labor for a run of interconnect,with the following conditions: (1) The linear distance of the run,end to end,is 63,360 feet(12 miles)in a rural area, along the western edge of a paved two-lane highway. (2)The job is to install two conduits(one working,one spare). Assume that the conduit can be trenched for the entire run. (3)Two 48F, SM fiber optic cables shall be installed in the working conduit. (4)The run will require the minimum number of pull boxes allowed by Collier County's Fiber Optic specification along the entirety of the run, making sure that each extreme end (North and South)has a pull box. Each pull box shall have the minimum length of slack for each cable as allowed by the Collier County Fiber Optic specification. (5) Both conduits shall be stubbed up into all pull boxes. (6) Both conduits should contain tracer wire and pull-wire or polyline. (7) Each pull box should be staked with a three sided marker. (8)Test all strands on both cables and provide OTDR traces. TASK 2 QUOTE DETAILS 53 Iwo 2'Conduits via Trencing(>5000ft) 63360 $5.15 $ 326,304.00 . ................ 14 2 Fiber Optic Cables(>5000ft) 69860 $2.10 $ 146,706.00 61 Fiber Optic Pull Box 64 $750,00 $ 48,000.00 33 3-Sided Marker Post 64 $29.00 $ 1,856.00 27 Fiber Optic Termination (>96 fibers) 192 $29.00 $ 5,568.00 45 OTDR Testing(49-96 fibers) 96 $10.50 $ 1,008.00 $ $ ALL UNIT PRICES ABOVE FROM BASE BID Task 2 Total $ 529,442.00 6 of 6 (..f) SPEUT-1 OP ID:JD ,A,CC.W?1:›' CERTIFICATE OF LIABILITY INSURANCE DATE TM M/DDr(YYY) I 03/01/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 231-922-72201 UT,Ilec'' Peterson McGregor&Associates C .,FAX '■ 1366 Business Park Dr 231-922-72751 ,LAP- No.EPIC. (Atc,..Nol: Traverse City,MI 49686 f E-MAIL Steve McGregor i ADDRESS: . i INSUREMS)AFFORDING COVERAGE ] NAIC C [INSURER A:HDI-Gerling America :41343 INSURED SPE Utility Contractors FD LLC INSURER 8:Hanover Insurance Company 122292 DBA Intelligent Infrastructure INSURER C Solutions :!Merchants Mutual 4400 Dove Road INSURER D,Alterra Excess &Surplus 33189 Port Huron,MI 48060 INSURER E: 1 INSURER F, I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIF.,' 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 PY THE POLICIES DESCRIBED HEREIN !S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -14C15:17gLIK- I POUC,!-EFF-7150n.C7TXP : LTR , TYPE OF INSURANCE IINSR IsAND POLICY NUMBER IIMAUDD'YYYr 1(mmgmyyyy) : LIMITS GENERAL LIABILITY I : . :E,Aar-I DC7.1.1RRENCE :$ 1,000,000 A , X 1 COME:POI& S'ENERAL.I...,ABILITY X IEGGCC000020112 ; 12/31112 I 12/31/13 r. T1'7`77;17775.R17- - r• ,DR;7MSES(Pa occu ,.' i$ 100,000 . . . , 1 . CLAIMS-MACE X I OCCUR , , , , , L MED GAP(Any one pefson) $ ' 1 PERSONA,,,E.ADV INJURY I $ 1,000,000 . ;GENERAL AGC.;REGATE. $ 2,000,000 1 j . GFNI.AGGREGATE i..!Mi-APPLIES PER: [PRODUCTS-COMPIOF AGO $ 2,000,000 : .........L, - ,........_, °0 WY ;TPI ' lErp Ben 1,000,000 1 AUTOMOBILE LIABILITY i COMBNEC.:SINGLE LIM:- 1 s 1,000,000 I(Ea aoomentl.... B 1XIANY AUTO AHW9472109 : 12131/12 , 12/31/13 j sooLy INJURY(Per persan 1$ ... r"--1 ALL OWNED 77 SCHEDULED 1 , I BOD:LY INJURY(P+er ao;,-.:oant),s$ : 1 AUTOS T AUTOS i ' :HIRED AUTOS ; NCN.:"*P4^..^' 1 PROPERTY DAMAGE i$ , AUTOS !(Pe:a.;;;;Ident; , , • , i $ I ;UMBRELLA LIAR 1 ', ,),...„,, EACH OCCURRENCE 1,000,000 C X ,,EXCESS/JAR 1 ]CLAMS-MADE ICU P0000468 I 01/17/13 I 12/31/13 : :AGGREGATE i . 1,000,000 . ' - X ,RULER/IONS 10,003 1 WORKERS COMPENSATION ! y ;_V,VC STATU- . iOTH- ANC EMPLOYERS'LIABILITY Y IN : ' ;`s ILQRY LIMITS , p.. .. A :ANY PROPRIETOWPARTNERIEXECUTIVE I i IN f A IEWGCC000073512 12/31/12 I 12131/13 L E EACH ACCIDENT i ,.„ 1,000,000 OFFICERMEMSEP EXCLUDES? (Mandatory in NH) !EL DISEASE-EA EMPLOYEE$ 1,000,000 ...., II yes.describe under , , DESCRIPTION OF OPERATIONS below . : ' ' ;E.L DISEASE-POLICY LIMIT !3 1,000,000 . D !Excess Umbrella I 1 IMAXA3EC30000638 01/17/13 1 12/31/13 ; 8,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS,VEHICLES{Attach ACORD 101,Additions:Remarks Setmoule if more space is required) Collier County is listed as additional insured regarding the general liability for any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION COLCO-7 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 Board of County Commissioners AUTHORIZED REPRESENTATIVE 3327 Tamiami Trail East Naples, FL 34112 LA r) /k4C) ,...„_.)itox,._. --.'- i Idle ©1989-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD °) Co -te-r County Administrative Services Division Purchasing March 6, 2014 Mr. David Postill, MGRM SPE Utility Contractors FD, LLC Dba Intelligent infrastructure Solutions 24 Pelican Street,W Naples, FL 34113 FAX: 810-364-3332 Email: RE: Contract Renewal for#12-5985 "Fiber Optic Installation, Repair and Maintenance" . Dear Mr. Postill: Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your intentions by providing the information as requested below: f I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. I am not agreeable to renewal of this contract. By signature this contract will be in effect from May 14, 2014 through May 13, 2015. Please take a moment to review the Collier County Online Bidding System and refresh your business profile information. Log into the County's site at: http;//bid.collieraov.net/bid/, select My Profile and My Commodities, and review information and commodities to ensure they accurately reflect your business. ,ps.1.4. c r1UNt Purchasing Department•3327 Tamiaml Trail East•Naples,Florida 34112-4901•vmr.colliergov.aelipurchasing 0 Q' Page 2 of 2 RE: Contract Renewal for#12-5985"Fiber Optic Installation, Repair and Maintenance" Please return this letter to the Purchasing Department with your response at your earliest convenience. If you have any questions you may contact Brenda Reaves at 239-252-6020, email brendareaves a( collier iov.net or FAX 239-252-6592. Respectfully, .Joanne"Markiewicz Director—Purchasing/General Services Aceeptfri Of;contract Renew$J i , ct�- ;r-r,� .� a i c F.t rt;{�d d�na � a :t•7r st i s/ j Jk ixi hrC t F��i t ; �� TdW•' X�L .sc. S 7 s .,vir rl W i r-,.:- i "?i-?'►}�-.?t�n1l+' {v,^tN+'-^t'ik 4?:' 7L.}iir`:`i=c_ �i :!d�?' ;. u#•" `:u,n� :'tt ri.ar, r r't i:. i. c= t. Lur � u � -r.;.. ,-;:.-F1.!,14% Name of Company k-r ti Company Signature Cor orate Officer - - Print Corporate Officer Name 5= i'3.141r .Sia Siggnnatture ure Date 14 'T 1 - � 4 _. 1 fF H I � lF I r' '4' t `€�+4' - ` ' ' -m--;17,;14 Mi1ia'k cr r' . Updatad-Contact I formYtatlon k 4 r'„11(In order to rpake sure our'contact InfQ`lmnation l current,) j" ' z qfirr ..r. t •..t_ U.'- ._�_ ktr.-. , rtG'1 Contact Name -T njEG Kr•n�� Telephone Number 2"S°■ t-k°V-k •�1�t\ FAX Number Zr''-°‘ '1 q0 %%51 Email Address 250L.A..C-X10 Address "l t,'11Q "3ta-' KL..1r . . -&1> S E� 33°\c�'l C; Rick Bossert, Project Manager, Traffic Operations (-7`.:")