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Backup Documents 01/11/2011 Item #16A 616A6 U 11Hu to] :7_101lulu I Date: January 27, 2011 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5491: Fiber Optic Cable Installation, Maintenance & Repair Contractor: Aztek Communication of South Florida, Inc. Attached is an original copy of the document referenced above, (Item #16A6) approved by the Board of County Commissioners on January 11, 2011. The second original will be held on file in the Minutes and Records Department as part of the Board's official record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment coler county Adminisbative Services OMsion Purchasinq 16A6 Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -8941 FAX (239) 252 -6700 Email: RhondaCummings @c lliergo www.colliergov.net Lj VF-�� DATE RECEIVED: /v ITEM NO.: �" FILE NO.: 2 /SSA Y� ROUTED TO: DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: 1/11/11 0 A To: Jeff Klatzkow County Attorney's Office From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Re: Solicitation # 10 -5491 "Fiber Optic Installation, Maintenance and Repairs" cF Fiv J C_ Contractor: Aztek Communication Tee4nelegie&,-W--G BACKGROUND OF REQUEST: ;/ This contract was approved by the BCC on January 11, 2011; Agenda Item 16.A.6. J This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: O A Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. C: Sheila Convery, Trans. Construction & Eng km A%4 q G /Acqu isitions/ AgentFormsandLetters /RiskMgmtReviewofl nsu rance4/1512010/16/09 16A� CHECKLIST FOR REVIEWING CONTRACTS Entity Name: M J O _Q l L,n �f SOV ' Lf &— Entity name correct on contract? s No Entity registered with FL Sec. of State? No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # & /or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $_ Products /Compl /Op Required $ Personal & Advert Required $ Each Occurrence Required $ \.m Nl Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $___b. y_a� Workers Compensation 4- e . L Each accident Required $ N .YYI Disease Aggregate Required $ LCD' Disease Each Empl Required Umbrella Liability Provided $ 2{• A Provided $ % "ex"� Provided $ Provided $ \ Provided $ p Provided $ Qm*\k Provided $�,r,,,�_� Provided $ Provided $f�?_ Each Occurrence Provided $ VY"t M Aggregate Provided $ '__ _ _ _ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Provided $ Per Aggregate Required $ Provided $ Other Insurance Exp. Date 1 I I Exp. Date - - - - - -- Exp. Date Exp. Date Exp. Date n Exp Date — blaal\ Exp Date t A Exp Date t t ) Exp Date Exp Date Exp Date � Yes _A _No Exp. Date Exp. Date__._ Each Occur Type: _ Required $ Provided $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards'? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract'? If attached, expiration date of bond _ Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses /notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? V Yes Yes Yes Exp Date No No N�o // o No __Yes No Yes No V0 Vo ,10 10 10 Jo So _ _ Yes No `(� /,./yy'( /'^`�J ' Reviewer lnitialsV ' Date: 04L'OA -010 0 Z� _es No Yes No _ es No Yes __ _No Provided $ 2{• A Provided $ % "ex"� Provided $ Provided $ \ Provided $ p Provided $ Qm*\k Provided $�,r,,,�_� Provided $ Provided $f�?_ Each Occurrence Provided $ VY"t M Aggregate Provided $ '__ _ _ _ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Provided $ Per Aggregate Required $ Provided $ Other Insurance Exp. Date 1 I I Exp. Date - - - - - -- Exp. Date Exp. Date Exp. Date n Exp Date — blaal\ Exp Date t A Exp Date t t ) Exp Date Exp Date Exp Date � Yes _A _No Exp. Date Exp. Date__._ Each Occur Type: _ Required $ Provided $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards'? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract'? If attached, expiration date of bond _ Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses /notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? V Yes Yes Yes Exp Date No No N�o // o No __Yes No Yes No V0 Vo ,10 10 10 Jo So _ _ Yes No `(� /,./yy'( /'^`�J ' Reviewer lnitialsV ' Date: 04L'OA -010 0 Z� Ater c0ounty Adn'anistiative Services DAvision Purchasing Memorandum 16A6 Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -8941 FAX: (239) 252 -6700 Email: RhondaCummings(a)colliergovnet www. col I ieroov. net/ou rchasi n g Subject: Solicitation # 10 -5491 "Fiber Optic Installation, Maintenance and Repairs" Date: 1/11/11 From: Rhonda Cummings, FCCN, CPPB, Contract Specialist �~Y To: Ray Carter, Risk Manager This Contract was approved by the BCC on January 11, 2011; Agenda Item 16.A.6. cF- r .�, The County is in the process of executing this contract with Aztek Communication Techaolegie&,t C- The insurance requirements are on page three (3). Please review the Insurance Certificate(s) for the referenced Contract. • If the insurance is not in order please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. Insur oved By / Risk Bement Signature ate DATE RECEIVED JAN 12 2011 C: Sheila Convery, Trans. Construction & Eng. RISK WAAG GNT (Please route to County Attorney via attached Request for Legal Services) G/Acq u i sitions/Age ntForms and Letters /RiskMgmtReviewoflnsurance4 /15/2010/16/09 16A6 MausenGeorgina From: CarterRaymond Sent: Tuesday, January 18, 2011 10:45 AM To: CummingsRhonda Cc: MausenGeorgina; DeLeonDiana, HerreraSandra; ConverySheila Subject: Contract 10 -5491 "Fiber Optic Installation, Maintenance and Repairs" All, I have approved the certificate(s) of insurance provided by Aztek for contract 10 -5491 "Fiber Optic Installation, Maintenance and Repairs'. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray i lrrc M Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239- 252 -8839 Mobile 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this once by telephone or in writing. www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name History Detail by Entity Name Florida Profit Corporation AZTEK COMMUNICATIONS OF SOUTH FLORIDA, INC. Filina Information VVV Document Number P99000074134 / FEI /EIN Number 593594601 Date Filed 08/13/1999 / State FL V Status ACTIVE Last Event AMENDMENT Event Date Filed 01/14/2010 Event Effective Date NONE Principal Address 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Changed 01/30/2008 Mailing Address 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Changed 01/30/2008 Registered Aaent Name & Address GOEDE, JOHN C ESQ C/O LAW OFFICE OF JOHN C GOEDE, P.A 9915 TAMIAMI TRAIL N STE 1 NAPLES FL 34108 US Name Changed: 06/21/2007 Address Changed: 06/21 /2007 Officer /Director Detail Name & Address Title PD LEEDS, MICHAEL 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Title VPSD Document Searches 16 A 6 Page 1 of 2 Forms Help Entity Name Search Submit http: / /www.sunbiz.org/ scripts /cordet.exe? action= DE "FFIL &inq_doc_ number— P99000074l... 1/21/2011 www.sunbiz.org - Department of State 16 A 6 Page 2 of 2 RENOSIS, JOHN 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Title PD BECKMAN, TIMOTHY 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Title TD POTRATZ, MATTHEW 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Annual Reports Report Year Filed Date 2008 01/30/2008 2009 04/16/2009 2010 04/19/2010 Document Images 04/19/2010 --ANNUAL REPORT View image in PDF format 01/14/2010 Amendment View image inPOFformat 04/16/2009 -- ANNUAL REPORT View image in PDF format 01130/2008 -- ANNUAL REPORT View image in PDF format 06/21/2007 -- Amendment View image in PDF format 06/07/2007 -- Merger View image In POF format 06/07/2007 -- Amendment View image in PDF format 05/3012007 -- Rea. Agent Change View image in PDF format 01/16/2007 -- ANNUAL REPORT View image in PDF format 01/25 /2006 -- ANNUAL REPORT View image in PDF format 12/23/2005 -- Name Change View image in PDF format 01/27/2005 -- ANNUAL REPORT View image in PDF format 01/20 /2004 -- ANNUAL REPORT View Image in PDF format 01/21/2003 -- REINSTATEMENT View image in PDF format 01/29/2001 -- ANNUAL REPORT View image in PDF format 08/02/2000 -- ANNUAL REPORT View image in PDF format 08/13/1999 -- Domestic Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events Name History Submit I Home I Contact us I Document Searches I E -Flnnq Services I Forms I HeID I CoovriohtC, and Privacy Policies State of Florida, Department of State http: / /www.sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_number= P99000074l ... 1/21/2011 16A 6 AG R E E M E N T 10-5491 for "Fiber Optic Installation, Maintenance and Repairs" THIS AGREEMENT is made and entered into this 11th day of January, 2011 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and Aztek Communications of South Florida, Inc., authorized to do business in the State of Florida, whose business address is 4730 Enterprise Avenue, Suite 308, Naples, Florida 34104 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed one (1) firm to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Fiber Optic Installation, Maintenance and Repairs on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of BID #10- 5491 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Prices shall remain firm for the initial term of this contract. 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 budget availability and program manager approval. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e -mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Page -1- 16A6 Aztek Communications of South Florida, Inc. 4730 Enterprise Avenue, Suite 308 Naples, FL 34104 239 - 659 -0017 Phone; 239 - 659 -0018 Fax Michael Leeds, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e -mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing /General Services Director Phone: 239 - 252 -8371 Fax: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the Page -2- 16A6 violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non - performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General 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 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions_ 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongfu, conduct of the Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /Consultant 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. Page -3- 16A 6 This section does not pertain to any incident arising from the sole negligence of Collier County. 12. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. 13. PAYMENTS WITHHELD. Owner may decline to approve any invoice for payment, or portions thereof, because of defective or incomplete work, outstanding items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner'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 Purchase Order Amount; (e) reasonable indication that the Work will not be completed within the Purchase Order stated 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, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. Receipts for non bid items under $250.00 are not required. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole Page -4- 16A6 remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 17.COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18.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 and ready for occupancy by Owner. 19.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20.WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement Page -5- 16A 6 or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.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. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Page -6- 25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) complete, the Owner shall notify Contractor in writing giving the reasons therefore. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the payment shall not become due and payable. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road and Bridges Department. 27.COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Schedule A -Price Sheet, Contractor's Proposal, Insurance Certificate, ITB No. 10 -5491, any addenda, any Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Purchase Orders. 28. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 29. 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. 30. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 31.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. Page -7- 16A6 32.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. 33.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. 34.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. 16A6 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. Qrodkygerk of Courts By: r Dated? 1 '�J)1,1 Attest asta ISi" f af�nal`Nrt ql #�a_ First Witness - Y'okv. 4 py"� 05 i5 Type /Print i s Na. e� / /Secy/ond Witnes I JA LeP&I IC' -ff,/k Type /Print Witness Name Approved as to form and leg s iciency,,!� J D41uty Coun y Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle , Chairman Aztek Communications of south Florida, Inc. By: Sig ature Typed Signature Title Page -9- C Q a c fd N U C C d d L CO d C U G •y Y a Q y d N 7 N � .0 .Q U � N U U CL O d M CD T N O r ' �i i L V LA •L 3 a N �O O aO.M;N 00 CO COO OM 0— N3 ', EPr' O O 'M 'M so (DIO',�' M M U) fA ER -� c '., O C Oil V'IW.V' t` V. O IER�69, U7 0R �Itn O O '.� O ' 'N W M r iV O' is ZA Z3 U6. (O'O l0 0... O O OO'.O 0 O O O'O COIN CD O'(0 N_ -f� "(O M tflM ER H3 OO�O O O l0; •+ O O'�0 N CO,N1O n (o W, O N M o 0 0�O 0 U [L V fA V3 EA EA M fA EA H} (O tH dT 64 fA fR EA E9 N N N N �,W w 7 U Q LLL�LL. ILL LL ,LL �LL, a Ii LL.LL,LL li LL Li. 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C lC d c C w C .c� G C O R Y N C d .Q l6 U V Q O CD LL T LO N 0 T d t U O SIN N N fD M � ��N- co Lo N.:' 4 � �fA LO I N Lo N 0) r M LO O U M CO UY UIN CO C 0 w C w m'I co M: m I m co m C M m W WiI W'W W IW' W W 'V w 2' C } I i T— W T T ZI. Z W (� O W 3 a 3 o o~ V N d NMM u. D E Z O 1- d �'-m CNZ 5I V'Oww W U U O c ml,m 1I�... ool ',III W a W ... O LL m a a3 d z� R U N x WI W > o� C _ S W O 0 0 1' m 6 v a w ',! c O Q 3 u z w O m O .14 c6 . U p Q 2 m N 2 C y d m y w S4 C oC v m C L 3 a TL aJ' w U O L m O 7 + a = 'O -C III w W Wit E r Q. L O o � m Y m U a CC tl7 l Vrn v a 3 a O OO U U 0 0 :: a �� w v ) y j 2 o �+ .E CIC a O10 L '� o C O d o.'o °- 8 U U L0L U C c NNCw3''NLL Y E O)m W m 06 of N LL LL w cIDi Nm o of o o.5I,a N N C y L_ L_ ~ ) iE — LL LL, LL : LL O v 16A 6 O IT ACORO CERTIFICATE OF LIABILITY INSURANCE DATE /27 /21010 �' Iz /27 /zolo 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 CONHALI NAME: Liz Rivero Lutgert Insurance -Fort Myers PHONE FAX 5248 Red Cedar Dr Suite 103 (arc No E.q_239'- .41@ -211L- ------ c No):239-,936 a2aB E-MAIL Fort Myers FL 33907 _ADDRESS lriveroiglutceert insurance. com PRODUCER CUSTOMER M #: AZTEK -1 _T - INSURERISI AFFORDING COVERAGE NAIC IC k INSURED INSURER A: Technology Iris Company _ Aztek Communications of South FL INSURER General Ins Co of Amerl.ca _x4732 4730 Enterprise Ave #308 - e -- Naples FL. 34104 INSURER C Amer can States Insurance Cc .119704 INSURER E. COVERAGES CERTIFICATE NUMBER: 872594608 REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BE-OW 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 'AODLSUBR _.. _. - ..... -- __. ____ TYPEOFINSURANCE POLICY EFF POLICY EXP - LTR IN R WVD POLICY NUMBER MMIDDIYYYY MMIDONYYV LIMITS R GENERAL DABILITY �24CC1829H44 7/15/3010 7/15/2011 EACH OCCURRENCE $1,000,000 % COMMERCIAL GENERAL ll _ DAMAGE TO RENYEO PERM( SES E.HdncG $200,000 MEO EXP_(Any o person) 510 000 CLAIMS -MADE X OCCUR — _ PERSONAL& ADV INJURY $1,000,00h I - — GENERALAGGREGATE -_ $2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGG'$2,000,000 " PRO- i.. ' X POLICY T LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Easciden) �BODILY INJURY (Per pe son) $ ALL OWNED AUTOS BODILY INJURY (Per ceder $ SCHEDULED AUTOS -�- -� PROPERTY DAMAGE $ �I HIRED AUTOS (Per accident) NON -OWNED AUTOS $ $ C �X UMBRELLA LIAB % OCCUR 01X515606930 17/15/2010 7/15/2011 EACH OCCURRENCE ($1,000,000 EXCESS LOAD iL MS MADE AGGREGATE 51,000 000 DEDUCTIBLE - _— RETENTION $ $ p WORKERS COMPENSATION TWC3244099 7/15/2011 WCSTATU X OTH AND EMPLOYERS' LIABILITY YIN 17/15/2010 TCRY LIMIT$ t<R ANY PROPRIETOR /PARTNER /EXECUTIVE E L EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED( ❑ (NIA -- _ (Mandatory In NH) EL DISEASE EA EMPLOYEE S1 000 000 If yes . describe under -- -- - DESCRIPTION OF OPERATIONS be. EL. DISEASE - POLICY LIMIT 1 $1, 00J, 000 Attach I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule. A more space is required) COMMUNICATION WIRING Collier County Hoard of County Commissioners are named as Additional Insured with regards to General Liability for any and all work performed on behalf of Collier County. Thirty (30) days Notice of (See Attached... Collier County Board of County Commissioners 3301 E Tamiami Trail Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION All rinhte .uaei ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: AZTEK -1 _ LOC #: II ADDITIONAL. REMARKS SCHEDULE 16A6 Page 1 of 1 AGENCY NAMEDINSURED Lutgert Insurance -Fort Myers Aztek Communications of South FL 4730 Enterprise Ave 0308 -- POLICY NUMBER Naples FL, 34104 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Cancellation applies. Ten(10) Notice of Cancellation for Non - payment per FL Statute. Re:Bid #10 -5491 Fiber Optic Installation, Maintenance & Repair. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. fhe ACORD name and logo are registered marks of ACORD 16A6 -1 ® ACORO _ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YY) _ _ _12/27/10 PRODUCER G & P Insurance, Inc. THIS 4930 Golden Gate Pk t"^/ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Naples, FL 34116 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE — NAIC # Phone (239) 353 -3500 Fax (888) 353 -9910 INSURED gZtek Communications Of South Florida Inc. MSURERA Allstate INSURER B_ 4730 Enterprise Ave Ste 308 INSURER G Naples, FL 34104 - INSURER D: lINSURER E. COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR 1 MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEC BY PAID CLAIMS. INSR ADD'L INSRD TYPE OF INSURANCE Ir- POLICY NUMBER_ POLICY EFFECTIVE POLICY EXPIRATION DATE(MMIDDM'L. DATE MMIDDNY LIMITS I'-LTR GENERAL LIABILITY _ EACH OCCURRENCE ❑ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Eaoccurence) ❑ ❑❑ CLAIMS MADE ❑ OCCUR ❑ MED EXP (Any one PERSONAL B ADV INJURY GENL AGGREGATE LIMIT APPLIES PER GALS- COMPATP PRODUCTS - COMPIOP AGO i PROJECT_ ❑ LOC ❑ PONY ILE AUTOMOBILE LIABILITY 048-194280 09/22/10 09/22/11 COMBINED SINGLE LIMIT $2'000 000 accident) -_ SO BODILY INJURY (Per person) A J ❑ V ALL OWNED AUTOS i❑ SCHEDULED AUTOS �, C HIRED AUTOS ❑ NON OWNED AUTOS -- BOOILY INJURY (Per accident) ❑ PROPERTY DAMAGE (Per accident) - GARAGE LIABILITY ANY AUTO ONLY EA ACCIDENT (AUTO ',',._ AUTO AUTO AGG -- EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE ❑ ❑ OCCUR ❑ CLAIMS MADE AGGREGATE — ❑ DEDUCTIBLE ❑ RETENTION $ . WORKERS COMPENSATION AND EMPLOYERS' LIABILITY - - _ _..__. _— ❑ WC STATL- ❑OTH- TORY LIMITS ER_ E.L. EACH ACCIDENT _ -N ANY PROPRIETOR I PARTNER I EXECUTIVE OFFICER I MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below_ E . DISEASE - EA EMPLOYEE E L DISEASE- POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Collier County Board of County Commissioners 3D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY 3301 Tamiami Trail E OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples,Fl. 34112 _ Fax- 239 -2$2 -6386 AUTHORIZED REPRESENTATIVE 7 I