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Backup Documents 05/14/2013 Item #16A28Routed by Purchasing Department to Office Initials Date e the Following Addressee(s) (In routing oider> May 14, 2013 (Initial) Applicable, 1. Risk Management Risk DD Agenda Date Item was May 14, 2013 Agenda Item Number 16.A.28 2. County Attorney Office County Attorney Office Type of Document Contract Number of Original 2 3. BCC Office Board of County Documents Attached PO number or account Commissioners Solicitation / Contract 12 -5985 Aztek 4. Minutes and Records Clerk of Court's Office NumberNendor Name Communications to be recorded PV 54 5. Return to Purchasing Department Purchasing N/A Contact: Diana DeLeon document or the final negotiated contract date whichever is applicable. PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart, Phone Number 252 -8375 Purchasing Staff May 14, 2013 (Initial) Applicable, Contact and Date Does the document require the chairman's original signature? DD Agenda Date Item was May 14, 2013 Agenda Item Number 16.A.28 Approved by the BCC provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. Type of Document Contract Number of Original 2 Attached I Documents Attached PO number or account N/A Solicitation / Contract 12 -5985 Aztek number if document is All handwritten strike - through and revisions have been initialed by the County Attorney's NumberNendor Name Communications to be recorded Office and all other parties except the BCC Chairman and the Clerk to the Board INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N /A (Not appropriate. (Initial) Applicable, 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed �� by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases (some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. 16 A28 MEMORANDUM Date: May 20, 2013 To: Diana DeLeon, Contract Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #12 -5985 Fiber Optic Installation, Repair and Maintenance Contractor: Aztec Communications, Inc. Attached is an original copy of the contract referenced above, ( #16A28) approved by the Board of County Commissioners on Tuesday, May 14, 2013. The second original will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please feel free to contact me at 252 -8406. Thank you. Attachment 16A 9 o A G R E E M E N T 12-5985 for Fiber Optic Installation, Repair and Maintenance THIS AGREEMENT, made and entered into on this _I day of 2013, by and between Aztek Communications of South Florida, Inc. as the Primary vend r, authorized to do business in the State of Florida, whose business address is 4730 Enterprise Avenue, Naples, Florida 34104, (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: COMMENCEMENT. The Contractor shall commence the work upon the Date of Board award. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. CONTRACT TERM. The contract shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve months, budget availability and program manager approval. 3. STATEMENT OF WORK. The Contractor shall provide to provide a variety of fiber optic services in accordance with the terms and conditions of Bid #12 -5985 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. The award of this contract was made on a Primary/Secondary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary vendor may be utilized. 4. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit prices (per Exhibit A — Bid Schedule), together with the cost of any other charges /fees submitted in the proposal. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Page 1 of 9 0 A C. 16A28 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Aztek Communications of South Florida, Inc. 4730 Enterprise Avenue, Suite 308 Naples, Florida 34104 ATTN: Michael Leeds Telephone: (239) 659 -0017 Facsimile: (239) 659 -0018 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing & General Services Director Telephone: 239 - 252 -8975 Facsimile: 239 - 252 -6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 2 of 9 odo 16 A28 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in Page 3 of 9 16A28 coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors /Consultants comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor all indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMiNIS T RATION. This Agreement shall be administered on behalf of the County by the Growth Management's Traffic Operations Department. 15. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #12 -5985 Specifications/ Scope of Services and written response to questions, Exhibit A Bid Schedule. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual all 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 111, 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: Page 4 of 9 r' 16 A28 submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Purchasing Policy. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. CONTRACT STAFFING: The Contractor's personnel and management to be utilized for this contract shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. PROTECTION OF PROPERTY: The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair /replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor Page 5 of 9 9 16 A28 has to be repaired /replaced by the County, the cost of such work will be deducted from the monies due the Vendor. 27. CLEAN UP: Contractor agrees to keep the project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the project, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the project site clean and ready for occupancy by Owner. 28. CONFIDENTIAL AND PROPRIETARY INFORMATION A. Proprietary Information. Customer acknowledges that in order to perform the services called for in this contract, it shall be necessary for Contractor to disclose to the customer certain Proprietary Information that has been developed by Contractor at great expense and that has required considerable effort of skilled professionals. Customer further acknowledges that the programs will of necessity incorporate such Proprietary Information. Customer agrees that it shall not disclose, transfer, use, copy, or allow access to any such Proprietary Information to any employees or to any third parties, excepting those who have a need to know such Proprietary Information in order to give effect to the Customer's rights hereunder and who have bound themselves, in writing, to respect and protect the confidentiality of all such Proprietary Information. In no event shall the customer disclose any such Proprietary Information to any competitors of Contractor. B. Notwithstanding, anything to the contrary in any other section of this Contract, Contractor hereby acknowledges that the Customer is subject by law to certain information and document disclosure and copying requirements that may require the County to disclose information or copies of documents relating to or forming part of the program(s) trade secret or copyright protection. Accordingly, prior to disclosing such information or reproducing such documents to a third party, the County shall seek the Contractor's written consent to each such disclosure or reproduction and the Contractor agrees not to unreasonably with hold such consent. Neither customer nor Contractor has any obligation to disclose any Trade Secret. "Trade Secret° as defined in Section 812.081, Florida Statutes, are exempt from `Public Records Law" disclosure by application of Section 119.08(3)(0), Florida Statutes. Customer shall not intentionally disclose any of the subject trade secrets. In the event that customer is unsure whether an item is a trade secret, Customer shall rely on Contractor's assertion that the item is a trade secret and shall in reliance thereon treat the item as a trade secret vis -a -vis Chapter 119, Florida Statutes. In any case where the Contractor expressly consents to speck disclosure of information or reproduction of documents relating to or forming part of the program(s), the Contractor hereby waives for each specific disclosure or reproduction any claim against the County for violation of trade secret or copyright laws or violation of any term of this Contract for such a release of information or copies of documents. In any case where the Contractor refuses to consent to disclosure or reproduction and the County is as a result thereafter made a party to a suit arising under Chapter 119, Fla. Stat (i.e., the "Florida Public Records Law"), the Contractor agrees to intervene in such suit with counsel and at the Contractor's expense and to present evidence to establish that the information or documents the Contractor has requested the County to withhold under the terms of this Contract are in fact exempt from disclosure under the Florida Public Records Law pursuant to Section 119.07(3)(0). Should the court in such a suit determine that the information or documents in question must be disclosed or reproduced pursuant to the Florida Public Records Law, the Contractor shall have no claim against the County for violation of this Contract or trade secret or copyright laws or otherwise. However, to the extent the Contractor did not unreasonably withhold its consent to disclosure or reproduction in the first place, the Page 6 of 9 16 A28 Contractor also shall have no obligation to pay any attorneys' fees or costs assessed against the County as a result of the nondisclosure or non - reproduction of the information or documents. 29. SUBSTITUTE PERFORMANCE In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. 30. WARRANTIES: Vendor expressly warrants that the goods, materials and /or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. 31. CHANGES IN THE WORK: Owner shall have the right at any time during the progress of the work to increase or decrease the work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order by the Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the Owner is authorized to direct any extra or changed work orally. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 32. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. 33. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. """""""Remainder of page intentionally left blank * *** ****** *** ****** **** Page 7 of 9 v IN WITNESS WHEREOF, authorized person or agent, written. 16 A28 the Contractor and the County, have each, respectively, by an hereunder set their hands and seals on the date and year first above ATTEST:' Dwight E. Broc _CL,P'rk "of'Courts By. Date ' :- ' �'. - AL).... y' tteSt g � 0lrman'S signature only. First Wit6eis 5 co i W et-x-in TType /print witness nameT Second WiTness 5oe.v1C ev^ kevics s Type /print witness nameT Approved as to form and legal sufficiency: Ettl /� County Attorney r� Y Print Name BOARD OF COUNTY C MMISSIONERS COLLIER)T,OUNTY, F ORIDA By: _ Ge r, Esq., Chairwoman Aztek Communications of South Florida, Inc. Page 8 of 9 Contractor Signature Type /print signature and title 16 A28 EXHIBIT A - BID SCHEDULE Page 9 of 9 OH,�� a m U C C c LO m c a) 19 N O T C13 y N C 01 B V v C. 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CD N 0 0) a» m �, 0 N �- C-4 G O : U) L v d (n U 0 N V 2 uj N U ui 'O J C :F U c U-v: O r Q10 �' Gov o a LL O L L O CL ca E o ' :3 v v� W 0 cc ~ IN N IN � m � LO H u 2 C U IW- W CI J Q 0' ib A28 O O v r(jb0 PM: Rick Bossert ITB 12 -5985 TASK 1 PS: Brenda Brilhart Fiber Optic Installation, Maintenance and Repair 16 A 28 TASK 1: Routine Maintenance Sample Work Quote Scenario: Perform mid -span splices at three existing FO and pull box locations (splice enclosures are present in each box), with the following conditions: (1) 12f pigtails are present at each location, running from pull box to cabinet (unterminated) (2) At each location, splice the BL and OR fibers from the BLUE buffer into a 12 -F SM pigtail, such that the BL and OR fibers in the BLUE buffer of the pigtail are on the'recieve' side, and the GR and BR fibers in the BLUE buffer of the pigtail are on the 'transmit' side; effectively 2 -in, 2 -out, in a "daisy chain" from location to location. (3) Terminate the four strands of the existing pigtail into a patch panel (not provided) using SC terminations. (4) Provide two 3 -meter duplex SC -to -LC patch cords per location. (5) Upon completion, test each terminated strand for connectivity with the nearest network node location (single direction test only). Provide OTDR traces to requesting department. TASK 1 QUOTE DETAILS Bid Item # Item Descripton city Unit Price Extended s - s - s - s - s - s - s - s - s - s - s - $ s - $ ALL UNIT PRICES A80VE FROM BASE BID Task 1 Total $ 5 of 6 PM: Rick Bossert ITB 12 -5985 TASK 2 PS: Brenda Brilhart Fiber Optic Installatin, Maintenance and Repair 16A28 TASK 2: Major Fiber Optic Installation Sample Work Quote Scenario : Furnish and install conduit, fiber optic cable, pull boxes, and any other necessary goods or labor for a run of interconnect, with the following conditions: (1) The linear distance of the run, end to end, is 63,360 feet (12 miles) in a rural area, along the western edge of a paved two -lane highway. (2) The job is to install two conduits (one working, one spare). Assume that the conduit can be trenched for the entire run. (3) Two 48F, SM fiber optic cables shall be installed in the working conduit. (4) The run will require the minimum number of pull boxes allowed by Collier County's Fiber Optic specification along the entirety of the run, making sure that each extreme end (North and South) has a pull box. Each pull box shall have the minimum length of slack for each cable as allowed by the Collier County Fiber Optic specification. (S) Both conduits shall be stubbed up into all pull boxes. (6) Both conduits should contain tracer wire and pull -wire or polyline. (7) Each pull box should be staked with a three sided marker. (8) Test all strands on both cables and provide OTDR traces. TASK 2 QUOTE DETAILS 6 of 6 Q. d 'C R d V C R C rte+ C W) R Q� � C N O � r 0.2 m � N C a>' R v Q. O A- 4) .O LL CO � L O m M Cu a U � m a. a 16 A28 O T O O N O 00 m Cl) r to (D N O Cl) O M r O O N r 00 O O C to ti N to O Il- to M to n 0 0 0 0 0 0 0 0 0 0 0 O 0 O (O CM t) lV -V T r 0 cM T T O 0 C) OM 00 0 00 „c..V to T r T M 3 " tR Ef? 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LL w °3 w w Q co a a 4) F- L .... -j N co E o o o� 9 a w` 0 () 4) (D � c ,.2 Q .9 U QLLLL.LL.LLOU 'U M -q- tZ Lo r- co r i- co (D Q) yam-. N N V m ♦+ 4I W O W 0 M ���CJ w co 0 to N r ,I mzs� Nm` O CO U a) C-0 n. a U V o a000 � 4) (a to 00 1-1- � (i IM 'L rL m, a• V a o 0 0 0+.•� �q��E m R 0 0 LO vi ui D ; �N= �° rs ao r- r- r- Z7 w' «tfi: q � qffi"T' ©,177 a tr co uj L L L L3j ? 1!gA4Q 4 L w N N 0 4+ CD a U i ui d R V, +4)+ G1 111 N t QW CJ o z �a c lu. -�►- � � x � c p N `o a E Z eCa `• '� "t�2 �: a CL G G ' C1 C L •L d s to to w o w is w N d 0 N X f O e- O 'G C A R ; � t � y a DATE(MM /DD/YYYY) ,4coRO CERTIFICATE OF LIABILITY INSURANCE 1 4/11/2013 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). CO TACT PRODUCER NAME: Lutgert Insurance -Fort Myers PHONE 41 - 11 FA C No :2 - - 12660 World Plaza Lane, Bldg. 73 E-MAIL Fort Myers FL 33907 ADDREss:lriver I rtinsur n m INSURERIS) AFFORDING COVERAGE NAIC # INSURER A :Tg hnology Ins company INSURED AZTEK -1 INSURER B:General Ins Co of America i Aztek Communications of South FL INSURER C:American 4730 Enterprise Ave #308 INSURER D: Naples FL 34104 INSURER E INSURER F: CnVFRAraFC CFRTIFICATF NLIMRER: 1ft1nan77A'1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP (MM/DD LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE T1 OCCUR 24CC18398460 /15/2012 /15/2013 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $200,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X7 POLICY F7 PRO LOC PRODUCTS - COMP /OP AGG $2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS Ea accident $ BODILY INJURY (Per person) $ BODI LY I NJ U RY(Per accident) $ FIR PERT DAMAGE $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 01XS15606950 /15/2012 /15/2013 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE Y I" OFFICER /MEMBER EXCLUDED' ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC3319693 /15/2012 /15/2013 STMIT X OTH- R Y LIM T R R E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) COMMUNICATION WIRING Re: Contract #12 -5985 "Fiber Optic Installation, Repair and Maintenance ". Collier County Board of County Commissioners is named as additional insured with regard to general liability. Notice of cancellation: 30 days. CFRTIFICATF HAI nFR CANCELLATION U 19BB -ZU1U AGUKU GUKPUKATIUN. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Baord of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE U 19BB -ZU1U AGUKU GUKPUKATIUN. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Cl CW A021011 CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regard- less of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder. Named Insured: COLLIER COUNTY ADMINISTRATIVE SERVICES AZTEK COMMUNICATION TECH ,LLC STE DIVISION PURCHASING DEPARTMENT 308 3327 TAMIAMI TRL E 4730 ENTERPRISE AVE NAPLES, FL 34112 -4901 NAPLES FL 34104 Interested Party Type: ADDITIONAL INSURED THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Producer. Automobile Liability Insurer Name: Allstate Insurance Company PolicyNumber 648534342 Date: 1 -Any Auto X 2 - Owned Autos Only 3 - Owned Priv. Pass. Autos Only 4 - Owned Autos Other Than Priv. Pass. Autos Only X 5 - Owned Autos Subject to No Fault 6 -Owned Autos Subject to a Compulsory UM Law 7 - Specifically Described Autos 8 - Hired Autos Only 9 - Non -owned Autos Only Policy Effective Date: 09 -22 -2012 Poliev Exviration Date: 09 -22 -2013 Limits Of $ 2, 000, 000 Combined Single Limit (each accident) Insurance: BI Per Person BI Per Accident PD Per Accident Description of Operations / Locations /Vehicles /Endorsements /Special Provisions Interested Party Type: ADDITIONAL INSURED THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Producer. PATTI MUZZONIGRO Authorized Representative: Date: Cl CW A021011 Includes copyrighted material of Insurance Services Office, Inc., with its permission Allstate Insurance Company Certfcate Copy Page 1 of 1 f ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP a . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAW&_' �~ COUNTY ATTORNEY PINK ROUTING SLIP Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) MayX, 2013 (Initial) Applicable) 1. Risk Management Risk DD 2. County Attorney Office County Attorney Office Agenda Item Number 16.A.28 Approved b the BCC - _ Contract 1 3. BCC Office Board of County 2 Attached Commissioners PO number or account 4. Minutes and Records Clerk of Court's Office 12 -5985 SPE Utility I I 5. Return to Purchasing Department Purchasing Contractors to be recorded Contact: Diana DeLeon Office and all other parties except the BCC Chairman and the Clerk to the Board PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart, Phone Number 252 -8375 Purchasing Staff MayX, 2013 (Initial) Applicable) Contact and Date Does the document require the chairman's original signature? DD Agenda Date Item was May, ' rq/ j 3 Agenda Item Number 16.A.28 Approved b the BCC - _ Contract Type of Document Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation / Contract 12 -5985 SPE Utility number if document is 4. NumberNendor Name Contractors to be recorded Office and all other parties except the BCC Chairman and the Clerk to the Board INSTRUCTIONS & CHECKLIST - �., 3fM Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases (some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. - �., 3fM MEMORANDUM Date: May 31, 2013 To: Diana DeLeon, Contract Technician Purchasing Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #12 -5985: Fiber Optic Installation, Repair and Maintenance Contractor: SPE Utility Contractors FD, LLC 16A28 Attached is an original copy of the contract referenced above, ( #16A28) approved by the Board of County Commissioners on Tuesday, May 14, 2013. The second original will be held on file in the Minutes and Record's Department for the Board's Official Record. If you have any questions, please feel free to contact me at 252 -8411. Thank you. Attachment A G R E E M E N T 12-5985 16A28 for Fiber Optic Installation, Repair and Maintenance THIS AGREEMENT, made and entered into on this - i1{01 day of _May 2013, by and between SPE Utility Contractors FD, LLC as the Secondary vendor, authorized to do business in the State of Florida, whose business address is 24 Pelican St. W., Naples, Florida 34113, (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: COMMENCEMENT. The Contractor shall commence the work upon the Date of Board award. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. CONTRACT TERM. The contract shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve months, budget availability and program manager approval. 3. STATEMENT OF WORK. The Contractor shall provide to provide a variety of fiber optic services in accordance with the terms and conditions of Bid #12 -5985 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. The award of this contract was made on a Primary /Secondary basis based on Total Base Bid. If the Primary cannot perform the work in the timeframe specified by the County's Project Manager, then the Secondary vendor may be utilized. 4. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit prices (per Exhibit A — Bid Schedule), together with the cost of any other charges /fees submitted in the proposal. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Page 1 of 10 16A23 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: SPE Utility Contractors FD, LLC 24 Pelican St. W. Naples, FL 34113 ATTN: David Postill, MGRM Telephone: (810) 364 -3331 Facsimile: (810) 364 -3332 Secondary Office: Intelligent Infrastructure Solutions 3893 Mannix Dr., Suite 502 Naples, FL 34114 ATTN: Tim Beckman Telephone: (239) 494 -7411 Facsimile: (239) 304 -8953 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing & General Services Director Telephone: 239 - 252 -8975 Facsimile: 239 - 252 -6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All Page 2 of 10 i non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Page 3 of 10 16 ASR Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors /Consultants comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management's Traffic Operations Department. 15. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out Page 4 of 10 ibaza verbatim: Contractor's Proposal, Insurance Certificate, Bid #12 -5985 Specifications/ Scope of Services and written response to questions, Exhibit A Bid Schedule. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Purchasing Policy. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Page 5 of 10 v 16A28 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. CONTRACT STAFFING: The Contractor's personnel and management to be utilized for this contract shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. PROTECTION OF PROPERTY: The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair /replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired /replaced by the County, the cost of such work will be deducted from the monies due the Vendor. 27. CLEAN UP: Contractor agrees to keep the project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the project, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the project site clean and ready for occupancy by Owner. 28. CONFIDENTIAL AND PROPRIETARY INFORMATION A. Proprietary Information. Customer acknowledges that in order to perform the services called for in this contract, it shall be necessary for Contractor to disclose to the customer certain Proprietary Information that has been developed by Contractor at great expense and that has required considerable effort of skilled professionals. Customer further acknowledges that the programs will of necessity incorporate such Proprietary Information. Customer agrees that it shall not disclose, transfer, use, copy, or allow access to any such Proprietary Information to any employees or to any third parties, excepting those who have a need to know such Proprietary Information in order to give effect to the Customer's rights hereunder and who have bound themselves, in writing, to respect and protect the confidentiality of all such Proprietary Information. In no event shall the customer disclose any such Proprietary Information to any competitors of Contractor. B. Notwithstanding, anything to the contrary in any other section of this Contract, Contractor hereby acknowledges that the Customer is subject by law to certain information and document disclosure and copying requirements that may require the County to disclose information or copies of documents relating to or forming part of the program(s) trade secret or copyright protection. Accordingly, prior to disclosing such information or reproducing such documents to a third party, the County shall seek the Contractor's written consent to each such disclosure or reproduction and the Contractor agrees not to unreasonably with hold such consent. Neither customer nor Contractor has any obligation to disclose any Trade Secret. "Trade Secret" as defined in Section 812.081, Florida Statutes, are exempt from "Public Records Law" disclosure by Page 6 of 10 �V)J � � t application of Section 119.08(3)(0), Florida Statutes. Customer shall not intentionally disclose any of the subject trade secrets. In the event that customer is unsure whether an item is a trade secret, Customer shall rely on Contractor's assertion that the item is a trade secret and shall in reliance thereon treat the item as a trade secret vis -a -vis Chapter 119, Florida Statutes. In any case where the Contractor expressly consents to specific disclosure of information or reproduction of documents relating to or forming part of the program(s), the Contractor hereby waives for each specific disclosure or reproduction any claim against the County for violation of trade secret or copyright laws or violation of any term of this Contract for such a release of information or copies of documents. In any case where the Contractor refuses to consent to disclosure or reproduction and the County is as a result thereafter made a party to a suit arising under Chapter 119, Fla. Stat (i.e., the "Florida Public Records Law "), the Contractor agrees to intervene in such suit with counsel and at the Contractor's expense and to present evidence to establish that the information or documents the Contractor has requested the County to withhold under the terms of this Contract are in fact exempt from disclosure under the Florida Public Records Law pursuant to Section 119.07(3)(0). Should the court in such a suit determine that the information or documents in question must be disclosed or reproduced pursuant to the Florida Public Records Law, the Contractor shall have no claim against the County for violation of this Contract or trade secret or copyright laws or otherwise. However, to the extent the Contractor did not unreasonably withhold its consent to disclosure or reproduction in the first place, the Contractor also shall have no obligation to pay any attorneys' fees or costs assessed against the County as a result of the nondisclosure or non - reproduction of the information or documents. 29. SUBSTITUTE PERFORMANCE In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature. 30. WARRANTIES: Vendor expressly warrants that the goods, materials and /or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. 31. CHANGES IN THE WORK: Owner shall have the right at any time during the progress of the work to increase or decrease the work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order by the Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the Owner is authorized to direct any extra or changed work orally. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. Page 7 of 10 �J 16A28 32. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. 33. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left blank * * * * * * * * * * * * * * * * * * * * * ** Page 8 of 10 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: ' Dwight E. Brock; Clerk of Courts Dated: 57 13 l Attesfi a onill, s! n,; M AraW rst Witness 0 . ucv)n P i w n r\ Print itneesss name Second Witness L i a- A Be,0- I mam Print witness name ted a to f m and I galit ounty Attorney 5 Print Name Page 9 of 10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B\L SPE Utility Contractors FD, LLC Contractor By: Signature Df,� V I - � 6 -4 1' 11 �'., � C�'_ Print name and title *tu� cll� 10UISt k TRENTACOSTA Notsty PuhI1C SiifA of Michigan County of M@comb My CO-111 ssion Expifee 03 -18.241�8�� Acting in the Caunfy Of �tC.1 Item # to n 2-8 Agenda Date 1q 13 Date S Recd 3l 3 Deputy Cie K O 16A28 EXHIBIT A - BID SCHEDULE Page 10 of 10� C, L N� W U C L4 C co � CD LI? cV O r� L L LL i O 0 m N Y cc CJ � ti m � Cn CL a_ 16A28 co 0 T OOOCO a 0000 O O 0000 00 00 LO U') 'I N t-- 0 OOOLO CD O ;Ln 0 1- O 00 O 00 O p :ty CO 00 LO N' LO 00 00 N: T 00 O of co N 00 cf Cl) r O (r C07 N Lo N N T ; r f* . 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Y LO Q -.,7 O Cy w' J _m c v 0. p O: O O' Im .� pO0 C!4 o cv otticozi C p' N U7 .._ a U D: V W W' M � a w , (D O O Q) p LL O Y L p F- p p ' u�w� +C (f cc cc m o L uj 0 z C (tL U H', LU J _ H 16A28 O O '�1* PM: Rick Bossert ITB 12 -5985 PS: Brenda Brilhart Fiber Optic Installation, Maintenance and Repair TASK 1: Routine Maintenance Sample Work Quote Scenario : Perform mid -span splices at three existing FO and pull box locations (splice enclosures are present in each box), with the following conditions: (1) 12f pigtails are present at each location, running from pull box to cabinet (unterminated) (2) At each location, splice the BL and OR fibers from the BLUE buffer into a 12 -F SM pigtail, such that the BL and OR fibers in the BLUE buffer of the pigtail are on the 'recieve' side, and the GR and BR fibers in the BLUE buffer of the pigtail are on the 'transmit' side; effectively 2 -in, 2 -out, in a "daisy chain" from location to location. (3) Terminate the four strands of the existing pigtail into a patch panel (not provided) using SC terminations. (4) Provide two 3 -meter duplex SC -to -LC patch cords per location. (5) Upon completion, test each terminated strand for connectivity with the nearest network node location (single direction test only). Provide OTDR traces to requesting department. TASK 1 QUOTE DETAILS TASK 1 18 Fiber Optic Splicing, fusion (1 -10 fibers) 12 $26.00 $ 312.00 23 Fiber Optic Termination, new (1 -10 fibers) 12 $31.00 $ 372.00 31 Patch Panel, field terminated 3 $62.00 $ 186.00 32 Fiber Optic Connector Panel 3 $85.00 $ 255.00 35 Patch Cable, SM, 3M, Duplex: SC to LC 6 $18.50 $ 111.00 42 OTDR Testing (1 -10 fibers - per location) 12 $12.00 $ 144.00 $ ALL UNIT PRICES ABOVE FROM BASE BID Task 1 Total $ 1,380.00 5of6 PM: Rick Bossert ITB 12 -5985 PS: Brenda Brilhart Fiber Optic Installatin, Maintenance and Repair TASK 2: Major Fiber Optic Installation Sample Work Quote Scenario : Furnish and install conduit, fiber optic cable, pull boxes, and any other necessary goods or labor for a run of interconnect, with the following conditions: (1) The linear distance of the run, end to end, is 63,360 feet (12 miles) in a rural area, along the western edge of a paved two -lane highway. (2) The job is to install two conduits (one working, one spare). Assume that the conduit can be trenched for the entire run. (3) Two 48F, SM fiber optic cables shall be installed in the working conduit. (4) The run will require the minimum number of pull boxes allowed by Collier County's Fiber Optic specification along the entirety of the run, making sure that each extreme end (North and South) has a pull box. Each pull box shall have the minimum length of slack for each cable as allowed by the Collier County Fiber Optic specification. (5) Both conduits shall be stubbed up into all pull boxes. (6) Both conduits should contain tracer wire and pull -wire or polyline. (7) Each pull box should be staked with a three sided marker. (8) Test all strands on both cables and provide OTDR traces. TASK 2 QUOTE DETAILS TASK 2 16A28 53 1007o 2" Conduits via Trencing ( >5000ft) 63360 $5.15 $ 326,304.00 14 2 Fiber Optic Cables ( >5000ft) 69860 $2.10 $ 146,706.00 61 Fiber Optic Pull Box 64 $750.00 $ 48,000.00 33 3 -Sided Marker Post 64 $29.00 $ 1,856.00 27 Fiber Optic Termination ( >96 fibers) 192 $29.00 $ 5,568.00 45 OTDR Testing (49 -96 fibers) 96 $10.50 $ 1,008.00 $ $ $ ALL UNIT PRICES ABOVE FROM BASE BID Task 2 Total $ 529,442.00 6of6 �R° CERTIFICATE OF LIABILITY INSURANCE SPIT A24-A.ID DATE (MM /DD/YYYY) 03/01/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 231- 922 -7220 Peterson McGregor & Associates 231- 922 -7275 1368 Business Park Dr Traverse City, MI 49686 Steve McGregor CONTACT PHONE FAX A/C No Ext : _ _ A/C No): E -MAIL ADDRESS: MMIDD/YYYY LIMITS INSURER(S) AFFORDING COVERAGE NAIC 9 GENERAL LIABILITY INSURER A: HDI- Gerling America 41343 INSURED SPE Utility Contractors FD LLC DBA Intelligent Infrastructure Solutions INSURER B: Hanover Insurance Company 22292 INSURER C: Merchants Mutual 4400 Dove Road INSURER D:Alterra Excess & Surplus 33189 INSURER E: A Port Huron, MI 48060 X EGGCC000020112 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LTR TYPE OF INSURANCE U INsg POLICY NUMBER MM/DDIIYYYY MMIDD/YYYY LIMITS Naples, FL 34112 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X EGGCC000020112 12131112 12/31/13 $ 100,00 DA AGE To PREMISES Ea occurrence CLAIMS -MADE FX7 OCCUR $ MED EXP (Any one person) PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 POLICY PRO LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY (CEO a..deD S INGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) B X ANY AUTO AHW9472199 12131/12 12/31113 $ ALLOWNED SCHEDULED AUTOS AUTOS $ BODI LY I NJ U RY (Per accident) PROPERTY DAMAGE Per accident HIRED AUTOS NON -OWNED AUTOS $ $ UMBRELLA LIAB EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 C 'X EXCESS LIAB HOCCUR CLAIMS -MADE CUP0000468 01/17/13 12/31/13 DIED I X I RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVEY /N EWGCC000073512 12/31/12 12131/13 X T WC STATU- OTH- CRY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 OFFICER /MEMBER EXCLUDED? ❑ (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below i E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Excess Umbrella MAXA3EC30000638 01117/13 12131/13 8,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Collier County is listed as additional insured regarding the general liability for any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION COLCO -7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners AUTHORIZED REPRESENTATIVE 3327 Tamiami Trail East Naples, FL 34112 ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD