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#17-7099 (Intelligent Infrastructure Solutions, LLC)
FIXED TERM SERVICE AGREEMENT # 17-7099 for FIBER OPTIC INSTALLATION, REPAIR & MAINTENANCE THIS AGREEMENT, made and entered into on this )241K day of ,,_\t,t,r-tt_ 2018 , by and between Intelligent Infrastructure Solutions, LLC , authorized to do business in the State of Florida, whose business address is 7676 Jean Blvd. Fort Myers, Florida 33967 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ■ upon the date of Board approval or I I on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. 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 two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and 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 prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑i Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of [ I Request for Proposal (RFP) Invitation to Bid (ITB) n Other ( ) # 17-7099 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■I The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): .. . _ _ .. • -. - - : • as • -. . _ . - en : •.. . . .•- - transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the is-au#torized. ] Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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 the Agreement. 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. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 11) 4,4 n .- _ _ _ • • - -'•• • _ • • - • - • _ _ Travel and --' .. e:.._:_ ••_ _ e: _ ee e :e •. _e •• "•e e .. .. expenses shall be reimbursed as per Section 112.061 Fla. Stats. Waage $0.'1'1.5 per mile Breakfast $6-99 Lunch $4-1-00 Dinner $19.00 Airfare A _ _ _ ._ -e. _e e eurist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles g ' - -- _,_ , ,,,'•e _ _'•, _ • • . • _ - • cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine =.•• - --e _ • _u_ , •- •'• _ - - !�•_.._ _•_ e: 'u' :, e •: e e ' .••: _ :,•••�, •- •. • e• _ _ _ e• _ _ e • _ e _ . Contractor shall be __... •0 " a - • •- ,_ _ •, - -=•'-- . • -, • __ •. _• ' . '•• undertaken pursuant to 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Intelligent Infrastructure Solutions, LLC Address: 7676 Jean Blvd Fort Myers, FL. 33967 Authorized Agent: Tim Beckman Attention Name & Title: Telephone: 239-494-7411 E-Mail(s): tbeckman@i2solutionsllc.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed-Tenn-Sewice-Agrcme4#4294-7-002(NeTA-) Board of County Commissioners for Collier County, Florida Division Director: Jay Ahmad Division Name: Transportation Engineering & Construction Mgmt Address: 2885 South Horseshoe Drive Naples, Florida 34104 Administrative Agent/PM: Pierre Marie Beauvoir Telephone: 239-252-6066 E-Mail(s): Pierre.Beauvoir@colliercountyfl.gov 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. The County will not be obligated to pay for any permits obtained by Subcontractors. 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. 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 Agreement 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. Page 4 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 5so 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 the 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 Agreement 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. n 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. 0. Il - . . :e. liability for claims arising out of the performance of professional services under this this insurance. Sum-ince-shall h- _ e •e _-_ •-. , eagh claim and aggregate. ber Liabilit : Coverage shall have minimum limits of$ per claim. l= I I : Coverage shall have minimum limits of $ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 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 thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) 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 comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation Engineering & Construction Management Page 6 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 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 AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ 0 ITB/fI Other # 17-7099 including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ■ Other Exhibit/Attachment: Performance and Payment Bonds 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. 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. 19. 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, as amended, 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 7 of 17 Fixed Term Service Agreement 1i2017-002(Ver.1) Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold Page 8 of 17 Fixed Term Service Agreement#2017-002(Ver.l) any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. • CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. • WARRANTY. Contractor 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. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay Page 9 of 17 Fixed Term Service Agreement#2017-002(Ver.1) for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. ❑� TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. ❑� PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County 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 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 modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. Page 10 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. 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. 34. ❑ KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project 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 Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement 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 Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 11 of 17 Fixed Term Service Agreement#2017-002(Ver.1) (142) 35. ❑■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ❑ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. 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. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for Page 12 of 17 Fixed Term Service Agreement#2017-002(Ver.1) the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement#2017-002(Ver.1) IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF C• • T COMMIS . ' ERS COLLIER Cr- NT , FLORID' �. Dwight E. Brock, lerk of Courts II, _• By: A AllOt A•"•y- oils, Esq. , Chairman Dated: ' � it (SEAL) , Attest as f o chaIr111a11'g Contractor's Witnesses"!" Intelligent Infrastructure Solutions LLC Contractor ( _Y, By: Contractor's First Witness _ Srignature y / ► ' ' -c%n S��i�/2-es TType/print signature and titleT TType/print witness nameT 041 't 11-e ractor' a 'nd WGtrjess h ye_. n If ( Li i.01 TType/print witness name, Ipraved as to rm ynd Legality: ets ii K. i....e...)---- te County Attorney Print Name 141( Page 14 of 17 Fixed Term Service Agreement#2017-002(Ver. Exhibit A Scope of Services El following this page (pages 1 through 7 ) ❑ this exhibit is not applicable • Page 15 of 17 Fixed Tema Service Agreement#2017-002(Ver.1) C SCOPE OF WORK All services provided to Collier County through this bid shall be performed solely by the County's contractor;no subcontractor or substitute performance will be accepted without prior approval by Collier County. Fiber optic terminations are"furnish and install" items and therefore shall be inclusive of all labor and equipment costs.The contractor shall notify the contracting agency in writing prior to commencement of work if substitute performance shall be used,and provide the company name of the subcontractor and the name and telephone number of an appropriate contact person for the subcontractor. The subcontractor shall be licensed to perform work on Collier County and State of Florida rights-of-way. The contractor shall invoice Collier County for the subcontractor's work according to the prices provided on this bid. Service Type 1: Major Fiber Optic Installation For the purpose of this bid,a major fiber optic installation shall be defined as any installation project for which a one mile(5280 linear feet)or more quantity of total fiber optic cable is required,without regard to the number of locations specified,inclusive of amounts coiled in pull boxes or other storage areas. Contractors may be requested to perform fiber optic splices and/or fiber optic terminations in specified locations for this type of work. A major fiber optic installation also may or may not require the contractor to install communications pull boxes or underground conduit,either by trenching or directional bore. The Collier County agency requiring a major fiber optic installation shall notify the contractor no fewer than thirty (30)calendar days prior to expectation of commencement of work to coordinate project planning,installation schedules,and completion deadline. Notice to proceed shall be in the form of a Purchase Order, and no work shall commence until one has been issued to the contractor. The contractor shall schedule and complete daily work on weekdays between normal business hours(8:00 am to 5:00 pm). If,however,the contractor performs work outside of this schedule for the purpose of completing work of this service type, bid items shall be invoiced at the normal rate;no overtime or premium prices shall apply for major fiber optic installations. Service Type 2: Minor Fiber Optic Installation A minor fiber optic installation shall be defined as any installation project for which less than one mile of total fiber optic cable is required, without regard to the number of locations specified, inclusive of amounts coiled in pull boxes or other storage areas. Contractors may be requested to perform fiber optic splices and/or fiber optic terminations in specified locations for this type of work. A minor fiber optic installation also may or may not require the contractor to install communications pull boxes or underground conduit,either by trenching or directional bore. The Collier County agency requiring a minor fiber optic installation shall notify the contractor no fewer than 14 calendar days prior to expectation of commencement of work to coordinate project planning and installation schedules, and completion deadline. Notice to proceed shall be in the form of a Purchase Order,and no work shall commence until one has been issued to the contractor. The contractor shall endeavor to schedule and complete daily work on weekdays between normal business hours(8:00 am to 5:00 pm). If,however,the contractor performs work outside of this schedule for the purpose of completing work of this service type, bid items shall be invoiced at the normal rate; no overtime or premium prices shall apply for minor fiber optic installations. Service Type 3: Routine Maintenance Routine maintenance shall be defined as any maintenance or repair of fiber optic cables or facilities which are anticipated and scheduled in advance of need, or can be planned to take place during normal business hours within three business days of need. Routine maintenance may include splicing fiber optic cable, modifying fiber optic terminations, troubleshooting communications interruptions by OTDR test. The Collier County agency requiring routine maintenance or repair shall notify the contractor no fewer than three business days prior to expectation of commencement of work to coordinate project planning and installation schedules, and completion deadline. Notice to proceed shall be in the form of a Purchase Order,and no work shall commence until one has been issued to the contractor. The contractor shall endeavor to schedule and complete routine maintenance or repairs on weekdays between normal business hours (8:00 am to 5:00 pm). If, however, the contractor performs work outside of this schedule for the purpose of completing work of this service type,bid items shall be invoiced at the normal rate;no overtime or premium prices shall apply for Page 1 of 7 C routine maintenance. Service Type 4: Urgent Repair Urgent repair shall be defined as any maintenance or repair to a critical facility which requires a contractor's response and be onsite within two (2)hours from notification, and may require that services be performed during or after regular business hours. The Collier County agency requiring an urgent fiber optic repair shall notify the contractor of the need for immediate repair and issue a Purchase Order to the contractor. If the contractor is unable to mobilize to the repair location within two hours of first contact,the contractor shall notify the relevant County project manager immediately,so an alternate contractor can be contacted for the repair. The alternate contractor will also be responsible to respond and be onsite within two (2) hours from notification, and repairs undertaken and completed in a timely fashion,as requested by the County's representative. The need for urgent fiber optic repairs is unpredictable by nature. Since it is often critical to restore fiber optic communication quickly an urgent flat rate fee may be assessed with this service.Note that only an urgent repair request may be invoiced at a flat rate fee above standard bid prices;all other bid prices shall remain in effect regardless of the type of work order issued. Specifications Contractors are advised that work shall be completed to (1) engineering plan requirements, (2) Collier County specification, or (3)FDOT specification,whichever is deemed sufficiently stringent by the contracting agency. At no time shall a contractor proceed with the lesser of any standard or specification unless that determination has been approved by Collier County. All work is subject to inspection by an authorized Collier County construction inspector. Collier County retains the right to hold back payment on any contractor invoice for work that does not meet acceptance criteria and is not corrected by the contractor to the County's specifications. The Collier County construction inspector shall have the authority to make final determination on whether workmanship,material,and/or the final work product satisfy the specifications. Pre-and Post-Activity Requirements Contractor/Sub-Contractor Requirements: • Any subcontractor hired by the Awardee for services under this contract will be provided on a strictly cost plus 15% arrangement only.Documentation of awardees'subcontractor costs must be provided with actual invoices from the subcontractor. • Respondents shall be firms,corporations,individuals or partnerships normally engaged in the deployment,maintenance and repairs of fiber optics at the municipal,county or state level. • Respondents shall have one or more of the following certifications o Registered Communications Distribution Designer(RCDD) o IMSA Fiber Optics for Traffic Stem Technician 2 o IMSA Traffic Signal Technician Level 2 o IMSA Traffic Signal Technician Level 3 TRAFFIC CONTROL:When work is required alongside City streets,the Respondent and any subcontractor or independent contractor retained by the Respondent shall take adequate precautions to warn motorists of the work and to place flagmen and/or other controls to ensure the continued safe and orderly flow of traffic through the work site.Traffic control patterns and devices shall be erected in accordance with the most recent edition of the Manual on Uniform Traffic Control Devices(MUTCD). RESTORATION OF PUBLIC AND PRIVATE PROPERTY: All public and private property affected by the work shall be restored to its original condition after the Work is substantially complete. Restoration shall include, but not be limited to, the following:removal of spoils and debris,repair of ruts,and replanting of grass or landscaping.The Contractor and any subcontractor or independent contractor retained by the Contractor shall make a reasonable effort to preserve and replant landscaping removed from within the limits of the City's easements.However,even if after taking prudent care the landscaping cannot be salvaged,the Contractor shall not be obligated to replace same. A right-of-way permit is required for all new installations within State- or County-owned right of way, whether the activity is an Page 2 of 7 "r installation of fiber optic cable in an existing conduit,an installation of conduit and pull boxes alone,or an installation of fiber optic cable,conduit and pull boxes. The right-of-way permit shall be obtained prior to commencing any work. The contractor shall bear all costs associated with obtaining required right-of-way permits; the permit fee shall be invoiced to the requesting County agency. Routine maintenance and repair activities do not require a right-of-way permit;however, contractors are encouraged to notify the County Right-of-Way Permitting office (239-252-5767)prior to commencing any scheduled routine maintenance that may result in lane closures and/or sidewalk closures for any duration of time, or for any work which will require vehicles or equipment to be in the public right-of-way for four hours or more. At no time shall the contractor assume that their activities are covered under a"Countywide right-of-way permit." When performing work under a Collier County or FDOT right-of-way permit,the contractor may not simultaneously perform work in the same service area for the benefit of any non-Collier-County BCC public agency or any private entity without a possessing a separate,current permit to do so. The contractor shall contact Sunshine One Call(811)to obtain utility locates two full business days prior to beginning any scheduled underground work.For urgent work the contractor is also expected to contact Sunshine One Call as soon as possible.The contractor shall be responsible for any underground facility damaged by the contractor's or subcontractor's activities that was properly marked by its owner. The contractor shall comply with Chapter 556, Florida Statutes, "Underground Facility Damage Prevention and Safety." It is anticipated that local road and utility construction projects will be in progress during the life of this contract. The contractor shall be required to coordinate his construction operations with those of other contractors doing work for the State of Florida,Collier County and City of Naples governments. This coordination includes on-site cooperation and scheduling of work to minimize or eliminate any rework or duplication of effort. The contractor shall be present at all pre-activity and post-completion walkthroughs if required by the contracting agency. If required to do so by the contracting agency,the contractor shall notify the contracting agency 72 hours prior to expected completion of Work Order activities to schedule a pre-acceptance inspection. [a] Fiber Optic Cable: Installation and Removal All fiber optic cable shall be single mode. Fiber optic cable shall be shipped on reels of marked,continuous length, and shall be provided from the same manufacturer. The contractor shall test all fiber optic cable prior to installation. If the cable fails to meet specification requirements, the contractor shall replace the entire reel at no additional cost. The contractor may omit the pre- installation test if the manufacturer has tested the fiber optic cable on the reel prior to shipment and provides for inspection an OTDR trace and table of attenuations for all strands. Collier County agencies and other local utility-owning entities have adopted a system to visually identify the owner of a given run of fiber optic cable by color-coding the external jacket of the fiber optic cable. All fiber optic cabling requested by the Collier County Information Technology Department shall have a stripe,yellow in color,along the entire length of the cable, and shall be marked"Collier County BCC IT"at three-foot intervals. All fiber optic cabling requested by the Collier County Traffic Operations Department shall have a stripe,green in color,along the entire length of cable,and shall be marked"Collier County BCC Traffic" at three-foot intervals. Any fiber optic cable installed by the contractor which does not conform to this color-coding and identification scheme shall be rejected by the agency, and shall require the contractor to remove all non-conforming cable at his own expense and replace it with fiber optic cable as specified in this bid. Fiber optic cable shall be pulled in place by hand or by and approved pulling machine equipped with a monitored or recording tension-meter. The contractor shall not exceed the manufacturer's recommended pulling tension for the cable. All fiber optic cable runs shall be installed in conduit with a 12-gauge copper locate wire with blue shielding if one is not already present in the conduit. A minimum of one-hundred(100)feet of spare fiber optic cable shall be coiled in every communications pull box to provide slack in the run and to allow for future maintenance. Where a splice enclosure is present,the spare fiber shall be one-hundred(100)feet on either side of the splice,for a total of 200 feet of slack at each splice box. No fiber optic cable shall be bent at a radius less than Page 3 of 7 411:1 its manufacturer-recommended bending radius. All fiber optic cable shall be clearly labeled at all storage points utilizing a durable, weatherproof tag or marker affixed to the cable. The label shall describe the cardinal direction(N,E,S,or W)that the fiber run exits to,as well as any other useful information (such as roadway name,termination point)that will assist in visually identifying fiber optic cable runs in the future. The strand count for fiber optic cable(s)will be specified by Collier County at the time of issuing Notice to Proceed. All fiber installed shall be tested by OTDR following installation at 1310 and 1550 nanometer wavelengths. The contractor shall use a bare fiber adapter to test any fibers that are not terminated at the time of installation. The contractor shall investigate any discontinuities greater than 0.2 dB per 300 feet, and repair or replace cable sections exceeding allowable attenuation at no cost to the contracting agency. When removing fiber optic cable,the contractor shall record the measurement markings nearest to each end of the cable. Removal can be either by hand or by machine. Care shall be taken at the time of cable removal not to disturb or damage any fiber optic cables that may be remaining in the conduit and pull boxes. The contracting agency may request fiber optic cable removal as part of a relocation service,or because the fiber optic run is being put into disuse. The contractor shall exercise due care to preserve the condition of the cable if it is intended to be relocated. The contractor shall be responsible for damage to any cable designated to be left in place that was harmed during a removal operation. [b]Fiber Optic Splicing All splices shall be performed by the fusion method, by a machine equipped with a method for estimating the achieved splice loss. "Local Injection Detection" and "Core Alignment Loss Estimation" are the acceptable loss estimation methods. Only the buffer tube to be opened shall be accessed and only strands that will be spliced and put into use shall be cut. Splice loss shall not exceed a bi-directional average of 0.10 dB per splice for a complete fiber run or a maximum of 0.15 dB bi-directional average for any single splice at 1310 and 1550 nanometers. Splices which exceed allowable attenuation shall be replaced at no cost to the contracting agency. All splices shall match fiber and buffer tube colors unless shown otherwise in plans or specified by the contracting agency. All drop cables spliced into a fiber optic cable run shall be of the same strand count as the underground cable, without regard to the number of splices or terminations requested. Drop cables shall be spliced to underground branch cables via mid span splice at the nearest pull box. All splices shall be stored neatly in a splice tray and labeled for ease of future identification. All splicing activity which results in planned or unplanned disruption of service on a network shall be completed, with service restored,within the same business day. [c] Fiber Optic Termination: Installation and Modification New terminations shall be performed such that all fiber optic cables,buffer tubes or strands are neatly routed,secured and terminated in a patch panel. Cable termination points shall include documentation regarding the identification,route and function of each fiber installed at a location. Modification to existing terminations shall be performed such that sufficient slack is maintained for fiber strands receiving a modified connector. The contractor shall ensure that the condition of the patch panel following a termination modification remains neat,secure and accessible. The contractor shall ensure that the attenuation in each connector at the patch panel and its associated splice does not exceed 0.5 dB. The contractor shall repair or replace all terminations that exceed allowable attenuation at no cost to the contracting agency. Termination type shall be SC unless otherwise requested by the contracting agency. Page 4 of 7 C [d]Fiber Optic Installation,Splicing and Termination Hardware All fiber optic splicing and termination hardware furnished and installed through this bid shall be new and in working condition. When applicable, all hardware shall be of a manufacture listed in the State of Florida's most current Qualified Product List(QPL). Underground splice enclosures shall be used to house all fiber optic splices that are performed at a pull box ("Tyco" or equivalent). The splice enclosure shall have adequate storage for splices, non-spiced fiber, and uncut buffer tubes. The spice enclosure shall be airtight to prevent water intrusion. Hinges and latches shall be stainless steel,and the enclosure shall not require specialized tools or equipment to open or close it. All splice enclosures shall provide space for future expansion equal to 100%of fiber optic cable capacity. Prior to ordering and installing underground splice enclosures,the contractor shall provide the contracting agency with a manufacturer's specification for approval by Collier County. Splice trays shall be securely attached to and accessible from within the splice enclosure, providing adequate storage for the fiber optic cable. All splice trays shall be fitted with a cover and locking mechanism to hold the cover in place. Splice trays shall provide access to individual fibers without disrupting other fibers in the tray,and allow visible inspection of the fiber. The splice tray shall hold buffer tubes rigidly in place and protect fusion splices. The raceway of the splice tray shall accommodate the minimum bend radius of the fiber. Buffer tube fan-out kits shall be installed when fiber optic cables are terminated. The kit shall be compatible for use with single mode fiber optic cable,and shall be color-coded to match the fiber optic color scheme. The fan-out kit shall support a minimum of 12 fiber strands. Patch panels shall be compatible for use with single mode fiber optic cable. Patch panels shall be color-coded to match the fiber optic color scheme. The patch panel shall have a minimum of 12 SC type panel connectors. The dimensions of the patch panel shall not exceed 6.5 inches long by 5.5 inches wide by 1.5 inches deep, and shall be suitable for mounting within an approved cabinet at the field device location ("Corning" or equivalent). Prior to ordering and installing patch panels, the contractor shall provide the contracting agency with a manufacturer's specification for approval by Collier County. Fiber optic connector panels shall provide a minimum of 12 SC type, bulkhead-mount coupling connectors. The contractor shall ensure that each coupling connector allows connection of a cable terminated on one side of the panel to a cable on the opposite side. Each bulkhead-mount coupling connector shall include a lock nut for mounting the connector in pre-drilled or pre-punched holes in the connector panel. Three-sided vertical markers shall be orange in color with a black end cap, 72 inches long and 4 inches per side ("Rhino" or equivalent). The markers shall bear a vertical legend on each face of the post reading"WARNING:FIBER OPTIC." The markers shall have an anchoring system and be installed directly at a depth of 18 inches,one foot offset from buried conduit. The fill dirt shall be packed and tamped around the base of the marker. The contractor shall ensure that the marker installation is straight and visible from the edge of the roadway, and that a clear line of sight is maintained from one marker to the next. Prior to ordering markers,the contractor shall provide the contracting agency with a manufacturer's specification and legend copy for approval by Collier County. Fiber optic patch cables shall be three meters long, single mode, with outside cladding that is yellow in color. The contracting agency shall specify to the contractor at the time of work order whether the patch cable shall be simplex or duplex, and shall also specify at the same time which connectors shall be required. All duplex patch cables shall have cladding that fully connects the two strands of the cable for a minimum of 90%of the length of the cable. At the time of installation,fiber optic patch cables shall be loosely looped and secured such that excess cable does not drape inside its enclosure or cabinet. The insertion loss of any patch cable shall not exceed 0.2 dB. [e] OTDR Testing The purpose of OTDR testing is for verification of fiber optic length and attenuation,and for troubleshooting and locating possible Page 5of7 fiber optic damage. The contractor may invoice Collier County for any OTDR testing done at a contracting agency's request,except for pre-and post-installation testing(see Section[a]). Testing done at the contractor's discretion for his own verification shall not constitute a billable activity. The contractor shall use an Optical Time Domain Reflectometer that is calibrated for the index of refraction of the fiber optic cable to be tested. The only acceptable testing wavelengths shall be 1310 nanometers (recommended) and 1550 nanometers. The contractor shall use a pulse width no greater than 50 nanometers. A test shall consist of one sweep of one strand in a single direction. Collier County shall specify to the contractor at the time of work order issue which strands of a cable the contractor shall test, and in which direction(s)the test shall be performed. The contractor shall provide the contracting agency with results of OTDR testing,e.g.,traces for each fiber tested,plus a loss table showing details for each splice or termination tested as a deliverable for this activity. [f]Conduit: Installation and Relocation All conduit shall be high-density polyethylene (HDPE),orange in color. Where two conduits are joined,the joint shall be a solid coupling the same material as the conduit, as recommended by the conduit manufacturer, using adhesive if necessary to form a complete and durable seal between the internal surface of the coupling and the external surface of the conduit. At no time shall adhesive tape be used as a joining method. At no time shall an internal,reduction coupling be used. All new conduit and relocated conduit shall be installed at a 30-inch depth from top of conduit to grade. All new conduit installations shall include a 12-gauge copper tracer wire with green shielding inside the full length of the conduit,plus a minimum of 24 inches of pull line on either open end of the conduit. No horizontal or vertical conduit bends shall be at an angle less than the recommended bending radius of the fiber optic that will be installed inside it. Conduit being stubbed into a pull box shall be installed in a gradual sweep upward to the access point. At points where two conduits will meet at a 90-degree angle or less,the conduits shall sweep upward gradually to a pull box placed at the apex of the angle. All conduit stubs inside a pull box shall terminate within six inches of the bottom of the installed pull box lid with a bell end. The terminated conduit ends shall be protected from water ingress using a form-sealing material. Adhesive tape shall not be used to seal conduit openings. All conduit shall be installed either by trenching or by directional bore. Saw-cutting of pavement shall not be permitted. All turf or planting areas in the right-of-way that are disturbed during conduit installation shall be restored by the contractor. All newly- installed conduit shall be blown or"rodded" before installing fiber optic cable,to clean the conduit run of loose debris. If requested by the County's inspector,the contractor shall excavate windows along the newly-installed conduit trench to expose the conduit and joints for inspection. When relocating a run of conduit containing fiber optic cable from one trench to another, the contractor shall feed out by hand sufficient slack from the fiber optic line to relocate the conduit without stretching or otherwise causing stress or permanent damage to the fiber optic cable. If sufficient slack does not exist on the fiber optic line to relocate the conduit to the proposed location with the cable inside,the contractor shall remove the fiber optic line as prescribed in Section[a] and relocate the empty conduit. If the condition of the conduit to be relocated shows cracks,breaks,or appears in any other way to be unfit for further use,the contractor shall immediately notify the contracting agency to inspect it to determine if the conduit will be replaced with a new run. [g]Fiber Optic Pull Boxes and Fiber Optic Splice Boxes Fiber optic pull boxes and splice boxes shall be H-20 rated, manufactured of heavy-duty composite material ("Quazite PG" or equivalent). Both the pull box or splice box and its lid shall be of a manufacture prescribed on the version of the State of Florida's Qualified Product List(QPL)that is most current at the time of installation. The minimum internal dimensions for a fiber optic pull box are: 24 inches wide by 36 inches long by 18 inches deep(24"x 36"x 18"). The minimum internal dimensions for a fiber optic splice box are: 30 inches wide by 48 inches long by 18 inches deep (30"x 48" x 18"). All pull and splice boxes shall be straight- sided and open-bottomed. Box lids shall be single-piece and skid resistant. Page 6 of 7 (11D Prior to ordering and installing fiber optic pull boxes or fiber optic splice boxes,the contractor shall provide the contracting agency with a manufacturer's specification and cut sheet for approval by Collier County. The area where a pull box or splice box is to be installed shall be excavated to a depth of no less than 30 inches. A bed of pea-rock or crushed stone 12 inches deep(minimum)and extended 4 inches wider than the outside length and width dimensions of the pull or splice box shall be poured prior to pull box placement to promote drainage. The pull box or splice box shall be installed such that the topmost rim ofthe box is at grade,and the bottom inside edge of the pull box rests entirely on the gravel bed. The contracting agency may adjust spacing of pull or splice boxes to ensure that the box is in a location that allows the lid to be as near to level as possible. All new pull box or splice box installations shall include a 24-inch concrete apron extended all the way around the perimeter of the top edge of the pull box. The concrete shall be installed to a depth of four inches. A conductive metal rod not less than 5/8" diameter and 48 inches long shall be driven vertically into the ground within 3 inches of the inside edge of the pull box or splice box,leaving at least 10"of the rod exposed upward from the gravel base,for later attachment of tracer wire and locate equipment. The tops of all box lids shall be integrally cast with the legend"COMMUNICATIONS." Pull boxes shall be spaced a maximum of 1,000 feet apart,and within 20 feet of either side of every driveway opening, and within 10 linear feet of any fiber optic termination point. The contracting agency shall reserve sole determination whether spacing of pull boxes shall be less or more than the standard 1,000 feet apart. Splice boxes shall be used wherever a splice enclosure will be present. Service Type 5: Documentation Collier County maintains documentation of its fiber optic network using, as-built plans, Google Earth, and Visio fiber optic diagrams.The contractor shall be required to submit all fiber network updates and changes to Collier County within(10)business days of project completion. Contractors will be responsible for including the cost (in their line item pricing)of providing documentation for third party as-built plans converted to Google Earth and to Visio Fiber Optic Diagrams formats for the County's use. Collier County shares fiber optic network resources between two distinct networks the Collier County Traffic Operations (CCTO)and the Collier County Information Technology(CCIT).Maintaining clearly defined, as-built plans,fiber optic diagrams, and Google Earth location information is paramount for maintenance of the fiber optic network.All work is to be documented and presented to the representative Collier County department requesting the fiber optic work. Any projects that involve splicing onto another departments fiber optic network requires said departments permission, as built plans, and Fiber Optic Diagrams showing which fiber buffers were spliced into. [h] Labor Contractors must furnish hourly rates for all labor in the categories stated in the Bid Schedule. Labor may be billed in quarter-hour increments. Collier County may request from the contractor a written estimate of labor hours required for a task prior to requesting certain services. Page 7 of 7 1 Exhibit B Fee Schedule following this page (pages 1 through 2 ) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.1) All bid prices shall be all inclusive.Any material and supplies not listed on the bid schedule below provided by the Awardee under this contract will be reimbursed on a strictly COST PLUS 10%arrangement only.Documentation of awardees'cost must be provided with actual invoices from the supplier. Subcontractors hired by the Awardee for services under this contract will be provided on a strictly COST PLUS 15%arrangement only. Documentation of awardees'subcontractor costs must be provided with actual invoices from the subcontractor. Intelligent Infrastructure Solutions Item Number Item Description FDOT Pay Item Unit Unit Price Unit Price Fiber Optic Coble(per foot)F&l one cable(<5000 feet),conduit in place 1 48-fiber,SM 783-1-122 Ft $1.65 2 96-fiber,SM 783-1-123 Ft $2.02 3 144-fiber,SM 783-1-124 Ft $2.41 4 Remove<5000 ft fiber optic cable 783-1-600 Ft $1.08 Fiber Optic Cable(per foot)F&l one cable(>5000 feet),conduit in place 5 48-fiber,SM 783-1-122 Ft $1.57 6 96-fiber,SM 783-1-123 Ft $1.94 7 144-fiber,SM 783-1-124 Ft $2.33 8 Remove>5000 ft fiber optic cable 783-1-600 Ft $1.08 Fiber Optic Cable-48f SM,3000 ft on spool, Furnish Only 9 Collier County will arrange storage NA Spool $995.00 F&12 cables(<5000 feet),conduit in place 10 48-fiber,SM 783-1-122 Ft $1.22 11 96-fiber,SM 783-1-123 Ft $1.37 12 144-fiber,SM 783-1-124 Ft $1.75 13 Remove<5000 ft fiber optic cable(2 or more in conduit) 783-1-600 Ft $0.63 F&12 cables(>5000 feet),conduit in place 14 48-fiber,SM 783-1-122 Ft $1.01 15 96-fiber,SM 783-1-123 Ft $1.32 16 144-fiber,SM 783-1-124 Ft $1.71 17 Remove>5000 ft fiber optic cable(2 or more in conduit) 783-1-600 Ft $0.58 Fiber Optic Splicing,fusion(per fiber) 18 1-10 fibers 783-2-31 Ea $27.00 19 11-24 fibers 783-2-31 Ea $30.85 20 25-48 fibers 783-2-31 Ea $30.85 21 49-96 fibers 783-2-31 Ea $26.25 22 >96 fibers 783-2-31 Ea $24.55 Fiber Optic Termination,new(per fiber) 23 1-10 fibers-new termination 783-2-32 Ea $26.45 24 11-24 fibers-new termination 783-2-32 Ea $31.50 25 25-48 fibers-new termination 783-2-32 Ea $31.50 26 49-96 fibers-new termination 783-2-32 Ea $27.25 27 >96 fibers-new termination 783-2-32 Ea $25.85 Fiber Optic Installation,Splicing&Termination Hardware 28 Splice enclosure 783-3-11 Ea $250.00 29 Splice tray 783-3-12 Ea $20.00 30 Buffer tube fan-out kit 783-3-14 Ea $5.00 31 Patch panel,field terminated 783-3-16 Ea $55.00 32 Fiber optic connector panel 783-3-17 Ea ,. $75.00 33 3-sided marker NA Ea $22.00 34 Patch Cable,SM,3m,Simplex:SC to SC 783-3-18 Ea $5.50 35 Patch Cable,SM,3m,Simplex:SC to LC 783-3-18 Ea $5.50 36 Patch Cable,SM,3m,Simplex:SC to ST 783-3-18 Ea $5.50 37 All other SM,3m,simplex 783-3-18 Ea $5.00 38 Patch Cable,SM,3m,Duplex:SC to SC 783-3-18 Ea $12.00 39 Patch Cable,SM,3m,Duplex:SC to LC 783-3-18 Ea $13.50 40 Patch Cable,SM,3m,Duplex:SC to ST 783-3-18 Ea $12.00 41 All other SM,3m,duplex 783-3-18 Ea $12.00 C OTDR Testing(per fiber,per direction,Includes furnishing test results) 42 1-10 fibers,one direction NA Ea $3.50 43 11-24 fibers,one direction NA Ea $9.00 44 25-48 fibers,one direction NA Ea $9.00 45 49-96 fibers,one direction NA Ea $6.00 46 >96 fibers,one direction NA Ea $5.00 Conduit(per foot)F&I via trenching(<5000it) 47 One 2"diameter,HDPE,orange 783-4-112 Ft $7.00 48 Two 2"diameter,HOPE,orange 783-4-112 Ft $8.00 49 One 3"diameter,HDPE,orange 783-4-112 Ft $9.50 50 Two 3"diameter,HDPE,orange 783-4-112 Ft $11.00 51 Relocate existing conduit(<5000 ft) 783-4-112 Ft $8.00 Conduit(per foot)F&l via trenching(>5000 ft) 52 One 2"diameter,HDPE,orange 783-4-112 Ea $6.50 53 Two 2"diameter,HDPE,orange 783-4-112 Ea $7.50 54 One 3"diameter,HDPE,orange 783-4-112 Ea $9.00 55 Two 3"diameter,HDPE,orange 783-4-112 Ea $10.75 56 Relocate existing conduit(>5000 ft) 783-4-112 Ea $7.50 Conduit(per foot)F&I via directional Bore(<5000 ft) 57 One 2"diameter,HDPE,orange 783-4-112 Ft $14.00 58 Two 2"diameter,HDPE,orange 783-4-112 Ft $18.00 59 One 3"diameter,HDPE,orange 783-4-112 Ft $16.00 60 Two 3"diameter,HDPE,orange 783-4-112 Ft $21.00 Conduit(per foot)F&l via directional Bore(>5000 ft) 61 One 2"diameter,HDPE,orange 783-4-112 Ft $13.00 62 Two 2"diameter,HDPE,orange 783-4-112 Ft $17.00 63 One 3"diameter,HDPE,orange 783-4-112 Ft $15.00 64 Two 3"diameter,HDPE,orange 783-4-112 Ft $19.00 Fiber Optic Pull Box&Splice Box with Lid and Apron 65 Fiber optic pull box+lid with concrete apron(24"x36"x18") 783-5-1 Ea $395.00 66 Fiber optic splice box+lid with concrete apron(30"x48"x18") 786-6-1 Ea $525.00 67 Marker post NA Ea $21.00 Additional Labor Rates and Documentation 68 Network Engineer NA Hr $80.00 69 Network Technician NA Hr $75.00 70 Fiber Optic Technician NA Hr $70.00 71 Registered Communications Distribution Designer NA Hr $70.00 72 As-Built Plans NA Hr $70.00 73 Google Earth NA Hr $70.00 74 GIS ESRI NA Hr $70.00 75 Splicing Diagrams in Visio NA Hr $70.00 Provide an Urgent Repair Flat Rate Fee-2 HOUR RESPONSE TIME REQUIRED this is 24 hours a day 7 days a week Urgent Flat Rate Fee I $ - $ 500.00 C Other Exhibit/Attachment Description: Payment and Performance Bonds ❑■ following this page (pages 1 through 7 ) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Exhibit C-1 PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _day of , 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 20 , by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. e) This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: C ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by_ , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: `fir Client#:8372 ONPSER ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/02/2018 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 CONTACT NAME: ZERVOS GROUP, INC. (PAErN t Ex):248 355-4411 (a//c,No): 248 355-2175 24724 Farm brook E-MAIL P.O. BOX 2067 ADDRESS: INSUR(Southfield, MI 48037-2067 INSURER Al Old Republic Ge emR nnero a Corp. ING COVERAGE NAIC# INSURED INSURER B:Indian Harbor Insurance Company INTELLIGENT INFRASTRUCTURE INSURER C:RLI Insurance Company SOLUTIONS, LLC INSURER D: 7676 Jean Blvd. INSURER E: Fort Myers, FL 33967 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X A5CG12601700 08/25/2017 08/25/2018 EACH OCCURRENCE $1,000,000 , CLAIMS-MADE X OCCUR PREMISESO(Ea occu ence) $100,000 X Contractual MED EXP(Any one person) $5,000 X X,C&U PERSONAL&ADV INJURY $1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X ECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X A5CA12601700 08/25/2017 08/25/2018CEaOMBIaccNEideDnt)SINGLE LIMIT $1,000,000 ( X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) B x UMBRELLA LIAB X OCCUR X X SXS0050421 08/25/2017 08/25/2018 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$O $ A WORKERS COMPENSATION A5CW12591700 08/25/2017 08/25/2018 X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? Y 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 C Leased or Rented ILM0705586 08/25/2017 08/25/2018 $100,000 Each Item Equipment $200,000 Aggregate $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Full name or the Certificate Holder: Collier County Board of Commissioners,OR Board of County Commissioners in Collier County, OR Collier County Government,OR Collier County Job Description: Contract#17-7099 Fiber Optic Installation, Repair&Maintenance Collier County Board of County Government is additional insured per written contract with respects to general liability and automobile liability for any and all work performed on behalf of Collier County. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. Naples,FL 34112 AUTHORIZED REPRESENTATIVE as ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S380492/M370191 VML DESCRIPTIONS (Continued from Page 1) Coverage afforded to the additional insured is primary and non-contributory. A thirty day prior written notice of cancellation,ten day for non-payment of premium,will be provided to the certificate holder. SAGITTA 25.3(2014/01) 2 of 2 #S380492/M370191