#09-5121 (Aztek Communication of SFL)
A G R E E MEN T 09-5121
for
Annual Contract for Fiber Optic Installation, Maintenance and Repair
THIS AGREEMENT is made and entered into this 27th day of January, 2009, 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, FL 34104 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one year (1) year period, commencing upon
award of the contract, and terminating one year from date of award, or until such time as all
outstanding Work Orders issued prior to the expiration of the Agreement period have been
completed. This contract shall have three additional,L 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 three (3) firms 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 Repair on an as-
needed basis as may be required by the Owner in accordance with the terms and conditions of
Bid #09-5121 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 Work Order, the Owner shall provide a summary of Work to be
performed to all awarded Contractors who will have the opportunity to submit a formal quotation
for the Work with the exception of emergency work. The Contractors shall respond with the
information sought within seven (7) working days. The award will be given to the lowest, qualified
and responsive Contractor.
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. COMPENSATION: The Owner shall pay the Contractor for the performance of the Agreement
pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of
any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit a
copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment
will be made upon receipt of a proper invoice and upon approval by the Project Manager or his
designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local
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Government Prompt Payment Act". 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:
Aztek Communications of South Florida, Inc.
4730 Enterprise Avenue, Suite 308, Naples, FL 34104
239-659-0017 Telephone
239-659-0018 Fax
Michael L. 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
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-732-0844
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,
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or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
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 immediately 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 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 thirty (30) 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
ContractorNendor/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,
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reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/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.
This section does not pertain to any incident arising from the sole negligence of Collier County.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and/or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute another bond and surety, both of which shall be subject to the Owner's approval.
13. 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. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist 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 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, 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.
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15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
16. 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
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.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result
of the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of Owner,
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No officer, employee or agent of Owner is authorized to direct any extra or
changed work orally. Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly executed
Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order
in the manner as Owner and Contractor shall mutually agree.
18. 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,
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Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify Owner in writing.
19. 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.
20. 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.
21. 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 or
repair. These warranties are in addition to those implied warranties to which Owner is entitled
as a matter of law.
22. 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.
23. 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.
24. PROTECTION OF WORK.
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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.
25. 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.
26. 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 substantially complete and request that Owner issue a Certificate of
Substantial Completion. 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) substantially complete, the Owner
shall notify Contractor in writing giving the reasons there for.
If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punch list of items to be completed or corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance with
the Contract Documents and is ready for final inspection and acceptance, Owner will make such
inspection and, if Owner finds the Work acceptable and fully performed under the Contract
Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending
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that on the basis of his observations and inspections, and the Contractor's certification that the
Work has been completed in accordance with the terms and conditions of the Contract
Documents, that the entire balance found to be due Contractor is due and payable. Final
payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
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.
27 . LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for Quotation.
The date of substantial completion of the Work (or designated portions thereof) is the date
certified by the Owner when construction is sufficiently complete, in accordance with the
Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. The Work shall reach final completion and be ready for final
acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete the
Work within the specified time period, Owner shall be entitled to assess as liquidated damages,
but not as a penalty, the amount specified in the Request for Quotation for each calendar day
thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and reasonable
estimate of the Owner's actual damages at the time of contracting if Contractor fails to
substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Traffic Operations Department.
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29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, Bid NO.09-5121 , any addenda,
any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Work Orders.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
Dated. . '.
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Approved as to form and
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AssIstant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~ d~
Donn Fiala, ChaIrman
Aztek Communications of South Florida, Inc.
Contractor
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... Signature
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Typed Signature
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Title
Page -10-
EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 09-5121
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
, 20_, with Oblige for
day of
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.
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Signed, sealed and delivered
in the presence of:
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
The foregoing instrument was acknowledged before me this of
,~ cl
corporation, on behalf of the corporation. He/she is personally
as identification and did (did
STATE OF
COUNTY OF
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
20_, by_
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
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Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(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)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -13-
EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 09-5121
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
20_, with Oblige for
day of
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.
Page -14-
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:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
20_, by , as
,a
He/She is personally known to me OR has produced
did (did not) take an oath.
day of
of
corporation, on behalf of the corporation.
as identification and
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -15-
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)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -16-
COUNTY OF COLLIER )
STATE OF FLORIDA )
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
20_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
[Corporate Seal]
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
Commissioner No.:
Page -17-
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Name)
Bid No. 09-5121
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE:
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
By Design Professional:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
(Type Name & Title)
By OWNER'S Project Manager:
Page -18-
(Signature) DATE:
(Type Name and Title)
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
TO:
CONTRACT NO. 09-5121
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,20_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now L--J calendar days. The substantial completion date is and the
final completion date is . Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted:
,20_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page -20-
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20_
OWNER
By:
Type Name and Title
Page -21-
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page -22-
The following warranty is attached to and made a part of this Certificate:
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
Page -23-
EXHIBIT G
WARRANTY
In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -24-
ACOR~M
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER phone: 239-926-5622
Lutgert Insurance -Fort
248 Red Cedar Suite 103
Fort Myers FL 33907
Fax:
Myers
239-936-8288
DATE (MM/DDIYYYY)
2 17 2009
THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED
Aztek Communications of So. FL
4730 Enterprise Ave., #308
Naples FL 34104
INSURER A: Technolo ns Com an
INSVRERS:General Ins. Co of America
INSURERC:Safeco
.INSURER D:
INSURER E:
COVERAGES
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 SUBJEcr TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~f~ ~~( RAN"~ POLICY NUMBER PJ>1-+~~~U"88.w,E POLICY EXPIRATION LIMITS
OAT
B ~NeRAL LIABILITY 24CC1839842 7/15/2008 7/15/2009 EACH OCCURRENCE $1 000 000
lL OMMERCIAL GENERAL LIABILITY ~~~~~~~9E~~~~ncal $200 000
- CLAIMS MADE !XJ OCCUR I I MED EXP (Any Dna parson) no 000
- PERSONAL & ADV INJURY 51 000 000
- GENERAL AGGREGATE $2 000 000
-;l'L AGG~EnE LIMIT APn PER: I PRODUCTS.COM~OPAGG $2 000 ono
x POLICY j~ LOC I i
~TOMOBILE LIABILITY I I
COMBINED SINGLE LIMIT $
ANY AUTO (Ea accidanl)
f--
'-- ALL OWNED AUTOS BODILY INJURY
(Parpaf5on) $
- SCHEDULED AUT05
I~ HIRED AUTOS SODll Y INJVRY
S
NON-OWNED AUTOS I (Par accidant)
-
1 PROPERTY DAMAGE $
(Par aGcidant)
'~RAGE LIABILITY AUTO ONLY - EA ACCIDENT S
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
C :5ESSJUMBRELLA LIABILITY TBD 2/17/2009 7/15/2009 EACH OCCURRENCE $1 000 000
X OCCUR D ClAIMS MADE , AGGREGATE 51 000 000
$
4 DEDUCTIBLE I $
I
RETENTION S i 5
A WORKERS COMPENSATION AND ITWC3168891 17/15/2008 7/15/2009 , T~~~rfJN" Ix IOJ~-
EMPLOYERS' LIABI~ITY I
ANY PROPRIETORJPARTNERJEXECUTIVE E.L. EACH ACCIDENT $1 000 000
OFFICER/MEMBER EXCLUDED? I E. l. DISEASE - EA EMPLOYEE 51 000 000
If yes, describe under I $1
SPECIAL PROVISIONS balow E.L DISEASE - POLICY LIMIT 000 000
OTHER I
i
DESCRIPTION 01' OPEORATIONSI LOCATIONS /VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
~OMMUNICATION WIRING
e: Contract #09-5121, "Annual Contract for Fiber Optic Installation, Maintenance & Repair". Certificate holder is
amed as additional insured.
CERTIFICATE HOLDER
Collier County Government
3301 E. Tamiami Trail
Naples FL 34112
CANCELLATION 1 0
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESEONTATIV
ACORD 25 (2001/08)
PRODUCER Phone, 239-926-5622 Fax:
Lutgert Insurance -Fort Myers
248 Red Cedar Suite 103
Fort Myers FL 33907
239-936-8288
DATE (MMJDDIYYYY)
2 4 2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ACOR~M CERTIFICATE OF LIABILITY INSURANCE
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
Aztek Communications of So. FL
4730 Enterprise Ave., #308
Naples FL 34104
INSURER C:
INSURER 0:
INSURER E:
L
!
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN~: ~DD' POLICY NUMBER POLICY EFFECTIVE Pgi'f:(Kf&~~N LIMITS
r.."R
B ~NERAL UABILITY 24CC1839B42 7/15/2008 7/15/2009 EACKOCCURRENCE $1 000 000
lL 3MERCIAL GENERAL LIABILITY PREMISES iEa occurencel $2ClCl .000
- CLAIMS MADE Ii] OCCUR MED EXP (Anyone person) $10 000
PERSONAL &ADV INJURY $I 000 000
GENERAL AGGREGATE $2 ODD 000
~'l AGGREnillMIT APn PER: PRODUCTS-COM~OPAGG $? 000 000
POLICY P,~g: LOC
~TOMOBILELlABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea Bcoidenl)
-
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (PBrparson)
-
- HIRED AUTOS BOOILYINJURY
$
NON-OWNEOAUTOS (Per accident)
-
PROPERTY DAMAGE $
(PeraccidBnl)
~GE LIABIUTY AUTOONLY.EAACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
:5~SSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 0 CLAIMS MADE AGGREGATE $
$
=J ~EDUCTlBlE $
RETENTION $ $
A WORKERS COMPENSATION AND TWC3168891 7/15/2008 7/15/2009 X I T"X~$ml,\i:",,T TOJ.1;l-
EMPLOnRS" LIABILITY 000
A~ PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT $1 000
OFFICERlMEMBER EXCLUDED? E.l. DISEASE. EA EMPLOYEE $1 000 000
~~CI'i:'~~~~~~~~NS below E.L. DISEASE. POLICY LIMIT $1 000 000
OTHSl
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re, Contract ll09-5~21. "Annual Contract for Fiber Optic Installation, Maintenance & Repair". Certificate holder is
named as additional insured.
Collier County Government
3301 E. Tamiami Trail
Naples FL 34112
CANCELLA TIONIO
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 3D DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIV
ACORD 25 (2001/08)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Date:
February 9, 2009
16a u~~,
DATE f'!{ECEI\I~:Ii\/.;~'-..: lit:.
. /1, / l/, 1.../, fJ..-1
\-;; , /1 (Ii.... I it:
$Y t b f-l (N lC7J Fta I 7' J/)AjE:
tz, ~~ +- PH J: /2
i)l ;: v-V' tv.-- h-......t
DO NOT WRITE ABOVE THIS LINE / /
Jr> f1. ~ c-,
sP-;}lt)1
SOD -t+
\QA~
J)W-~11
REQUEST FOR LEGAL SERVICES
ITEM NO.: iJj - 'BLc.,. 0//08
FILE NO.:
ROUTED TO:
To:
County Attorney's Office
Attention: Jeff Klatzkow
From: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #09-5121 "Annual Contract for Fiber Optic Installation,
Maintenance and Repair"
Contractor: Aztek Communications of South Florida, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on January 27, 2009,
Agenda Item 16.B.2
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Jeff, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
C: Sheila Convery, Traffic Ops.
RLS # {)?-II2~- r9! 10K
CHECKLIST FOR REVIEWING CONTRACTS 16 8 2
Entity Name: A.z T~ (It!)tllifi lJt{!kr7()IJ~ 0-':: Sou rH FL-hLil>lt, JIUC
Entity name correct on contract? _ ~ Yes No
Entity registered with FL Sec. of State? _VYes 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 $ L I(A.I L-
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ ? i\!\tL
Workers Compensation
Each accident Required $ i Ml L
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $ I MlL
Aggregate Provided $ \ ,
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type: Required $
County required to be named as additional insured?
County named as additional insured?
. ,r' Yes
--~
.~Yes
~Yes
----.l,L'Ye s
Provided $ 'L
Provided $
Provided $
Provided $
Provided $
,,^IL
\[
I MIL
l I
"Z C/O/Q()()
Provided $ "Z M \ L-
Provided $
Provided $
Provided $
\,
II
MIL
No
No
No
No
Exp. Date f) / I td f}q
EXP.Date~( I
Exp. Date
Exp. Date
Exp. Date
Exp Date 9 [ Zz.! 0'1
Exp Date I) / {'!}/ oct
Exp Date r (
Exp Date
Exp Date 11 I rs-/ ocr
Exp Date, ! I
_~Yes-'
V Yes No
Yes ~No
Yes VNo
Yes No
Yes No
~Yes No
-----l.L- Y es No
--V~:;:V es No
~fr -LYes No
\ ~Yes No
V Yes No
~Yes No
_tL"Yes No
Reviewer Initials: ~(!!
Date: ~/lrlOf'
04-COA-OI03 /222
Provided $
Provided $
Provided $
~Yes
~Yes
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract? I.. )~
If attached, expiration date of bond F ~
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
COlTect executor name in signature block?
COlTect 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?
No
Exp. Date
Exp. Date
Exp Date __
No
No
16a 2
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
DATE: February 9, 2009
RE: Review of Insurance for Contract: #09-5121 "Annual Contract for
Fiber Optic Installation, Maintenance and Repair"
Contractor: Aztek Communications of South Florida, Inc.
This Contract was approved by the BCC on January 27, 2009; Agenda Item
16.B.2
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
dod/RC
DATE RECEIVED
FEB 1 0 2009
RISK MANAGEMENT I / 'i
~"" j cJ!11/{J~,
71~~1 d'~lK. /J J, I
, 'tft 7 ?If''/
C: Sheila Convery, Traffic Ops.
www.sunbiz.org - Department of State
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!;)'~t nts
NClme",HJ!'!tQI"f
Detail by Entity Name
Florida Profit Corporation
AZTEK COMMUNICATIONS OF SOUTH FLORIDA, INC.
Filing Information
Document Number P99000074134
FEI Number 593594601
Date Filed 08/13/1999
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 06/21/2007
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 Agent Name & Address
GOEDE, JOHN C ESQ
9915 TAMIAMI TR N SLDG 1
NAPLES FL 34108 US
Name Changed: 06/21/2007
Address Changed: 06/21/2007
Officer/Director Detail
Name & Address
Title PO
LEEDS, MICHAEL
4730 ENTERPRISE AVE. SUITE 308
NAPLES FL 34104
Title VPSD
RENOSIS, JOHN
16 8age ~2
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdoc_number=P990000741...1/29/2009
www.sunbiz.org - Department of State
4730 ENTERPRISE AVE. SUITE 308
NAPLES FL 34104
Title PO
BECKMAN, TIMOTHY
4730 ENTERPRISE AVE. SUITE 308
NAPLES FL 34104
Title VPO
POTRATZ, MATTHEW
4730 ENTERPRISE AVE. SUITE 308
NAPLES FL 34104
Title TO
POTRATZ, ROGER
4730 ENTERPRISE AVE. SUITE 308
NAPLES FL 34104
Annual Reports
Report Year Filed Date
2006 01/25/2006
2007 01/16/2007
2008 01/30/2008
Document Images
01/~O/2_QQJ~ -- ANNUAL REPORT
Qg!21l29..QL=-6m~ndm~llt
QflLQ?J2007=.Mergm-
Og!'QZ!2QQZ-=-.6rnen.ct.ment
05/30/2007 -- Reg. 69-.e.lJtChange
01/16/2007 -- ANNUAL REPORT
01/25/2006 -- ANNUAL REPORT
12/2312QQQ_ -- Name Chang~
01/27/2005 -- ANNUAL REPORT
01/20/2004 -- ANNUAL REPORT
01/21/2003 -- REINSTATEMENT
01/29/2001 -- ANNUAL REPORT
08!02!200Q=6NNUALBEEQRI,
08/J3It999,,=-,Dom~$1k:_,PJQfit
Note: This is not official record. See documents if question or conflict.
Even1~
Name History
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COR AMNDIRESTATE/CORRECT OR OlD RESIGN
AZTEK COMMUNICATIONS OF SOUTH FLORIDA, INC.'
Certificate of Status I 1 I
Certified Copy 1 1 I
!Page Count II .071
IEstimated Chnrge II $52.50 ]
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617/2007
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PAGE 03
ARTICLES OF AMENDMENT
TO THE
ARTICLES OF INCORPORATION
OF
AZTEK COMMUNICATIONS OF SOUTH FLORIDA, INC.
THE UNDERSIGNED, as the Officers al1d Directors of the Corporation. fonned under
the Florida Business Corporation Act, adopts the following amendments to the Artie les of
Incorporation in accordance with Section 607.1006 of the Florida Statutes:
ARTICLE 1: NAME
The name of the Corpora.tion that has been issued Florida document number
P99000074l34 (the "Corporation") is:
Aztek Communications of South Florida. Inc.
ARTtCLE II: PURPOSE
The Corporation has been formed to engage in any activity Qr business and perform all of
the powers and privileges granted to Corporations under the laws of the State of Florida in
accordance with Section 607 of the Florida Statutes.
ARTICLE m: STOCK
The aggregate number of shares that the Corporation is authorized to issue is TWO
THOUSAND (2.000) shares of common stock, and the par value of each such share shall be
ONE DOLLAE ($1.00). Par value shall have no effect on thc Corporation's capital strnctwe.
ARTICLE IV: CAPITAL CONTRIBUTION
1999,
The Corporation commenced with a capital of no less than One Hundred doUars ($100) in
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ARTICLE VI: REGISTERED AGENT ~ ~ ~ ."
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Thc street address of the initial registered office of the Corporation and the na~8ftli'= 0
Corporation's initial registered agent at such address is: 0 ~ ca
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A,RTT.CLE V: TERM
The Corporation shall exist perpctua.lly,
James R. Nici. Esq.
clo Cox & Nici
1185 Tmmokalee Road, Suite 110
Naples, FtQrida 34110
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PAGE 04
ARTICLE VII: ADDJ;mSS
The principal place of business, office or mailing address of the Corporation is:
1455 Railllcad Blvd., Suite 9
Naples, Florida 34110
Any other places of business in the State of Florida, or any other State, shall be
determined by the Board of Directors,
ARTICLE VIII: DlRECfORS
The number of Directors constituting the Board of Directors of the Corporation is five
(5). The number of Directors may be either increased or decrea..~ from time to time as provided
in the Bylaws, but shall never be less than one (I). The name and address ofthe persons to serve
as ])irectors of the Corporation until the next armual meeting of the Shareholders of the
CotpOratioll, or until one or more successors have been elected and qualify, are as follows:
Michael .Leeds, Director
1455 Railhead Blvd., Suite 9
Naples, Florida 34110
John Renosis, Director
1455 Railhead Blvd" Stute 9
Naples, Florida 34110
Timothy Beckman~ Director
1455 Railhead Blvd.~ Suite 9
Naples, Florida 34110
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Roger Portratz, Director
1455 Railhead Blvd.~ Suite 9
Naples, Florida 34110
Matthew Portratz, Director
1455 Railhead Blvd., Suite 9
Naples~ Florida 34110
ARTICLE IX: OFnCERS
The names of the following persons were elected to the offices ofthe Corporation by the
Board ~fDireetots as set forth opposite their names below to serve in such capacities until their
respectIve successors shall have been duly elected and shall have qualified
Micha.el Leeds
Timothy Bec.kman
Ma.tthew Portratz
John Renosis
Roger Portratz
Co-President
Co-President
Vicc President
Vice President/Secretary
Treasurer
.~
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COX & NICI
16aAGE~
ARTICL.E X: SHAREHOLDER ST ATEMENJ:
l
The Shareholders have approved the amendment to the Articles of Incorporation and the:
number of votes cast to approve the amendment by the Shareholders was sufficient enough for
approval to fi Ie the Articles of Amendment to the At1iclcs of Organization. The Shareholders
have authorized. empowered and directed the Board of ;r;\ors to file. these Articles of
Amendment to the Articles ofIncorporation effective as of . \l.4 2007.
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Michael eeds, DirectoT
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161 .?
CERTIFICATE OF DESIGNATION OF
REGISTERED AGENT/REGISTERED OFFICE
"
1. The name of the Corporation is: Aztek Communjcations Of South Florida, Inc.
2, The name and address of the registered agent and office is:
James R. Nici, Esq.
clo Cox & Nici
1185 Immokalcc Road) Suite 110
Nap 1 CS, Florida 34110
Having been named as registered a.gent and to accept service of process for the above-stated
Co!'!,oration at the place designated in this certificate, I hereby accept the appointment as
registered agent and agree to net in this capacity. I further agree to comply with the provisions of
all statutes relating to the proper and complete performance of my duties. and I am familiar with
and accept the obligations of my position as registered agent.
Dated effective as of
M..'110
t 2007.
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