Agenda 05/13/2013 Item #16A285/14/2013 16.A.28.
EXECUTIVE SUMMARY
Recommendation to approve award of Bid No. 12 -5985 Fiber Optic Installation, Repair
and Maintenance to primary contractor, Aztec Communications, Inc., and secondary
contractor, SPE Utility Contractors, Inc., for an annual estimated expenditure of $450,000,
and authorize the Chairwoman to execute contracts to each.
OBJECTIVE: To gain Board of County Commission (Board) approval of staff's recommended
award of Contract No. 12 -5985, "Fiber Optic Installation, Repair and Maintenance," to two
qualified vendors to provide repair and installation service to maintain Collier County's Fiber
Optic Network.
CONSIDERATIONS: The solicitation process was initiated on January 28, 2013, when the
Purchasing Department publicly requested Invitation to Bid 12 -5985 for Fiber Optic Installation,
Repair and Maintenance. Email notices were sent to 2,071 vendors; 76 solicitation packages
were downloaded and four (4) vendors provided bid information. Of the four (4) bids received,
the top two (2) qualified vendors were ranked based on their submitted pricing. (See attached
bid tabulation sheet.)
1) Aztek Communications, Inc
2) SPE Utility Contractors, Inc.
Traffic Operations staff requested that the Purchasing Department pursue a multiple award by
lowest bidder. The selection was determined by a formula that encompassed hourly rates,
markup(s) on parts, materials, and subcontractors. Contractors are to be utilized in the following
order: Aztec Communications, Inc., as primary, and SPE Utility Contractors, Inc., as secondary.
FISCAL IMPACT: Funds for "Fiber Optic Installation, Repair and Maintenance" services
shall come from each individual department's budget as projects are identified with an annual
estimated budget of $450,000.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board approve the award of ITB No. 12 -5985, "Fiber Optic
Installation, Repair and Maintenance" bid to Aztec Communications, Inc., as primary, and SPE
Utility Contractors Inc., as secondary, and authorize the Chairwoman to sign the attached
contract after final review by the County Attorney's Office.
Prepared By: Rick Bossert, Signal Systems Network Specialist, Traffic Operations,
Transportation Engineering Department, Growth Management Division
Attachments: (1)12 -5985 Bid Tab; (2) Agreement 12 -5985 with Aztek Communications; (3) SPE
Secondary Contract
Packet Page -1422-
5/14/2013 16.A.28.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.28.
Item Summary: Recommendation to approve award of Bid No. 12 -5985 Fiber Optic
Installation, Repair and Maintenance to primary contractor, Aztec Communications, Inc., and
secondary contractor, SPE Utility Contractors, Inc., for an annual estimated expenditure of
$450,000, and authorize the Chairwoman to execute contracts to each.
Meeting Date: 5/14/2013
Prepared By
Name: BossertRick
Title: VALUE MISSING
4/2/2013 12:12:03 PM
Approved By
Name: KhawajaAnthony
Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management
Date: 4/5/2013 9:46:47 AM
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
Date: 4/5/2013 11:38:17 AM
Name: BerriosMike
Title: Manager - Network Operations,Information Technolog
Date: 4/8/2013 9:10:56 AM
Name: Markiewiczloanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 4/9/2013 8:03:59 AM
Name: BathonDale
Title: Project Manager, Principal,Transportation Engineer
Date: 4/10/2013 2:51:45 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Packet Page -1423-
5/14/2013 16.A.28.
Date: 4/15/2013 1:23:18 PM
Name: Tara Castillo
Title: Fiscal Technician,Transportation Engineering & Con
Date: 4/17/2013 11:57:17 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/17/2013 2:54:16 PM
Name: ShueGene
Date: 4/17/2013 5:52:44 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 4/18/2013 1:01:08 PM
Name: KeamsAllison
Date: 4/18/2013 3:09:34 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 4/22/2013 10:39:36 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/24/2013 8:24:26 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/24/2013 4:05:22 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/26/2013 9:16:49 AM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 4:02:47 PM
Packet Page -1424-
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5/14/2013 16.A.28.
`O
V
PM: Rick Bossert ITB 12 -5985 5/14/2013 16.A.28.
PS: Brenda Brilhart Fiber Optic Installation, Maintenance and Repair
TASK 1: Routine Maintenance Sample Work Quote
Scenario: Perform mid -span splices at three existing FO and pull box locations (splice
enclosures are present in each box), with the following conditions:
(1) 12f pigtails are present at each location, running from pull box to cabinet (unterminated)
(2) At each location, splice the BL and OR fibers from the BLUE buffer into a 12 -F SM pigtail,
such that the BL 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 OTDR traces to
requesting department.
TASK 1 QUOTE DETAILS
Bid Item # Item Descripton QtV Unit Price Extended
s -
s -
s -
s -
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Packet Page -1429-
PM: Rick Bossert ITB 12 -5985
PS: Brenda Brilhart 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
5/14/2013 16.A.28.
1310 Item V Item Descripton Qty Unit Price Extended
Packet Page -1430-
5/14/2013 16.A.28.
AGREEMENT12 -5985
for
Fiber Optic Installation, Repair and Maintenance
THIS AGREEMENT, made and entered into on this day of 2013, by and
between Aztek Communications of South Florida, Inc. as the Primary vendor, authorized to do
business in the State of Florida, whose business address is 4730 Enterprise Avenue, Naples, Florida
34104, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the
"County"):
WITNESSETH:
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 01_ocal Government Prompt Payment Act".
Page 1 of 9
Packet Page -1431-
5/14/2013 16.A.28.
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:
Aztek Communications of South Florida, Inc.
4730 Enterprise Avenue, Suite 308
Naples, Florida 34104
ATTN: Michael Leeds
Telephone: (239) 659 -0017
Facsimile: (239) 659 -0018
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.
B. 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 intemally by the County. All
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.
Page 2 of 9
Packet Page -1432-
MA
5/14/2013 16.A.28.
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.
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
Packet Page -1433-
5/14/2013 16.A.28.
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice. Aft
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
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 specked period of time, including but not limited to:
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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.
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
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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
application of Section 119.08(3)(0), 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
speck disclosure of information or reproduction of documents relating to or forming part
of the program(s), the Contractor hereby waives for each speck 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
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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 specked, 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.
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 ************* ****** ****
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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
By:
Dated:
(SEAL)
First Witness
TType /print witness nameT
Second Witness
TType /print witness nameT
Approved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
Aztek Communications of South Florida, Inc.
By:
Contractor
Signature
Type/print signature and title
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EXHIBIT A — BID SCHEDULE
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A G R E E M E N T 12-5985
for
Fiber Optic Installation, Repair and Maintenance
THIS AGREEMENT, made and entered into on this day of 2013, by and
between SPE Utility Contractors FD, LLC dba Intelligent Infrastructure Solutions as the
Secondary vendor, authorized to do business in the State of Florida, whose business address is 140
E. Hilo Street, Naples, Florida 34113, (the "Contractor ") and Collier County, a political subdivision of
the State of Florida, (the "County "):
WITNESSETH:
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 ".
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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.
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 dba Intelligent Infrastructure Solutions
140 E. Hilo Street
Naples, FL 34113
ATTN: Tim Beckman, Vice President
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
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.
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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.
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
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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
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:
J
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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.
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
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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
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
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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.
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
terns 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 * * * * * * * * * * *** * * * * * * * * **
Packet Page -1446- dJ
5/14/2013 16.A.28.
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
By:
Dated:
(SEAL)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
SPE Utility Contractors FD, LLC
dba Intelligent Infrastructure Solutions
Contractor
By:
First Witness Signature
TType /print witness nameT
Second Witness Type /print signature and title
TType /print witness nameT
Approved as to form and
legal sufficiency:
Assistant Count Attorney
y
Print Name
Packet Page -1447- S
5/14/2013 16.A.28.
EXHIBIT A — BID SCHEDULE
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