Contract 2018-30 AGREEMENT FOR
FIBER INSTALATTION AND MAINTENACE SERVICE
THIS AGREEMENT, is made and entered into this 21 day of /l r
2018, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street,Clermont,
Florida, (hereinafter referred to as "CITY"), and DANELLA CONSTRUCTION
CORPORATION OF FLORIDA, INC,whose address is: 581 Washburn Road,Melbourne,
FL 32934, (hereinafter referred to as "CONTRACTOR").
WHEREAS, the City of Cocoa through the public procurement process awarded an
Agreement for construction, installation, equipment and material supply, system design,
and maintenance and repair services regarding the City's fiber optic network from time to
time on an as-needed, task oriented basis, City of Cocoa, number RFP-18-04-COC;
WHEREAS,CITY desires to utilize the above-referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of City of Cocoa, contract number RFP-18-04-COC.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall provide construction, installation, equipment and material
supply, system design, and maintenance and repair services as described in the City of
Cocoa,contract number RFP-18-04-COC,which is attached hereto and incorporated herein
as Exhibit "A" and shall do everything required by this Agreement and the other
Agreement Documents contained in the specifications, which are a part of these
Documents. Provided, however, that nothing herein shall require CITY to purchase or
acquire any items or services from CONTRACTOR. To the extent of a conflict between
this Agreement and Exhibit"A", the terms and conditions of this Agreement shall prevail
and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall
apply.
ARTICLE II—THE CONTRACT SUM
CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B',
attached hereto and incorporated herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect until January 22, 2021, unless terminated or renewed as
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provided by the City of Cocoa.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual Agreement of the parties,this Agreement may be renewed for two
(2) additional one(1) year terms.
ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable
purchase order or notice to proceed.
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery to CITY as set forth in the applicable purchase order. CITY shall make payment
to the CONTRACTOR for all accepted and undisputed services provided, within thirty
(30) calendar days of receipt of the invoice.
ARTICLE VI—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County,Florida,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
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ARTICLE VII— INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury& Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
(d) Professional Liability: Minimum amount of $1,000,000 as the
combined single limit per claim and $1,000,000 in the aggregate.
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
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including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death,or to injury to or destruction of tangible property(other
than the Work itself) , and (2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers'or workmen's
compensation acts,disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Danella Construction Corp of Florida, Inc.
581 Washburn Road.
Melbourne, FL 32934
Attn: Thomas M. Schinske, Vice President
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
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ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
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(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X—AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in City of Cocoa, contract number RFP-18-04-COC.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of . 2018.
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City of Clermont
Aft
Gail L. Ash, Mayor
'Attest:
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TracyAckroyd Howe, CityClerk
Danella Const ion Corp of Flo
By: vP
(Name Printed or Typed) '-ill yeas(Yl.ai)' €
\I-lee ft.?SitLe i 4
Title
Attest: /
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Corporate : - .ry
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(Name Printed or Typed)
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Renewal Options EXHIBIT A Approved by Council
1st 1/23/21 - 1/22/22 RFP-18-04-COC 02/23/18 V. 3 (Term)t
2nd 1/23/22 - 1/22/23
1/23/18 - 1/22/21 ;t
FIBER INSTALLATION AND MAINTENANCE
AGREEMENT
THIS AGREEMENT is made and entered into this 23`d day of January 2018, by and
between the CITY OF COCOA,FLORIDA,a Florida Municipal Corporation,hereinafter referred
to as"City",located at 65 Stone Street,Cocoa,Florida 32922,and DANELLA CONSTRUCTION
CORPORATION OF FLORIDA,INC.,a Florida corporation,authorized to conduct business in ,
the State of Florida, whose address is 581 Washburn Road, Melbourne, Florida 32934 hereinafter
referred to as "Danella".
WITNESSETH:
WHEREAS, City has a need to obtain construction, installation, equipment and material
supply,system design,and maintenance and repair services regarding the City's fiber optic network
from time to time on an as-needed,task oriented basis;and
WHEREAS, Danella is willing to provide such services to the City under the terms and
conditions stated herein.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,the parties covenant and agree as follows:
1.0 TERM AND DEFINITIONS
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I.1 Unless sooner terminated by either Party pursuant to the terms and conditions herein,
this Agreement shall terminate on the third anniversary of the Effective Date. The Parties shall have
the option to extend the term of this Agreement by mutual agreement for up to two additional one-
year renewals. Such an extension shall only be by written amendment to this Agreement.
1.2 The terms and conditions of any Task Order,as described in Section 2 hereof,shall be
as set forth in such Task Order.Any Task in effect at the termination of this Agreement shall remain
in effect until completion of said Task Order,and all of the terms and conditions of this Agreement
shall survive until completion of all Task Orders.
1.3 Definitions. The following words and phrases used in this Agreement shall have the
following meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement"or"Contract" shall be used interchangeably and shall refer to this
Agreement, as amended from time to time, which shall constitute authorization for Danella to
provide the Services approved by Task Order by the City and is also sometimes referred to herein to
Fiber Installation and Maintenance Agreement
City of Cocoa and Danclla Companies,Inc.
Page I of 26
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include all Task Orders approved hereunder.
b. "Effective Date"shall be the date on which the last signatory hereto shall execute this
Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement
shall not go into effect until said date.
c. "Danella" shall mean Danella Construction Corporation of Florida, Inc., a Florida
corporation, and its principals,employees, resident project representatives (and assistants).
d. "Public Record" shall have the meaning given in Section 119.011(1), Florida
Statutes.
e. "Reimbursable Expenses" shall mean the actual expenses incurred by Danella or
Danella's independent professional associates and consultants which are directly related to travel and t
subsistence at the rates, and under the requirements of, Section 112.061, Florida Statutes, or any
other actual and direct expenses the City agrees to reimburse by Task Order.
f. "Work"or"Services"shall be used interchangeably and shall include the performance
of the work agreed to by the parties in a Task Order.
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g. "Task Order"shall mean a written document approved by the parties pursuant to the
procedure outlined in paragraph 2.0 of this Agreement, and any amendments thereto approved
pursuant to the procedures outlined in paragraph 3.0 herein, which sets forth the Work to be `!!
performed by Danella under this Agreement, and shall include, without the necessity of a cross-
reference,the terms and conditions of this Agreement.
1.4 Engagement. The City hereby engages Danella and Danella agrees to perform the
Services outlined in this agreement for the stated fee arrangement. No prior or present
representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.
2.0 DESCRIPTION OF SERVICES�RATE SCHEDULE
2.1 The City may make request of Danella to perform construction, installation,
equipment and material supply, and maintenance and repair services on a "task" basis. In general,
such services may include,but not be limited to,constructing and installing additional linear miles of
fiber optic cable and conduit housing to expand the City's fiber optic network, system design and
engineering for the fiber optic network expansion(s), repair and maintenance of the City's existing
and expanded fiber optic network should the need arise,and supply of necessary equipment for fiber f
optic network projects and maintenance. At least one project to take place during the period of this
Agreement is expected to be the future expansion of the City's fiber optic network, which may
include approximately 25 miles of fiber installation ("Project"). The City shall have this project
Fiber Installation and Main:enance Agreement
City of Cocoa and Danclla Companies,Inc.
Page 2 of 26
completed,at its discretion, in phascs. A general Scope of Work,i.e.,a broad list of the services
that may be provided by Danella is included in the City's Request for Proposals for Fiber
Optic Network Equipment, Material, Supplies, Installation and Maintenance, dated
September 2017, incorporated herein by reference as Exhibit "A." The Technical
Specifications in Exhibit A shall be adhered to for any services performed pursuant to this
Agreement. The services to be performed pursuant to each Task Order shall fall within the general
Scope of Work attached hereto as Exhibit A. Each phase of the Project shall be ordered by Task
Order.
2.2 Fiber Construction, Installation, System Design, and Non-Emergency
Maintenance and Repair Task Orders. When the City desires to enter into a specific Task Order,
the City will communicate with Danel la,verbally or in writing,a general description of the task to be
performed.Danella will generate a detailed Scope of Work document,prepare a Schedule,add a fee
component (e.g. a not-to-exceed fee amount, or a lump sum fee amount) with a detailed cost
breakdown to accomplish the task,and send the thus developed "Task Proposal"to the City. The
detailed cost breakdown of the fee shall consist of a list of major sub-tasks and a cost breakdown,
including man-hour and/or unit price breakdown if applicable,for all work to he performed. In no j
event shall the Task Order's total amount exceed those hourly rates and unit prices included in
Danella's cost schedule in its RFP Response,dated September 27,2017,which is incorporated
by reference herein as Exhibit "B." The cost breakdown shall include all subcontractor or
subconsultant work and the Task Proposal shall include the written price proposals from all •
subcontractors and subconsultants. the detailed cost breakdown shall include a line item for
Reimbursable Expenses and the list of the expenses proposed to be eligible for reimbursement. The
City will review the Task Proposal, and if the description is mutually acceptable, the parties will
enter into a written "Task Order". The Scope of Services generally to be provided by Danclla
through a'lask Order may contain written terms and conditions which are deemed supplemental to
this Agreement.
2.3 Repair Task Orders. Repair task orders shall follow the same Task Order procedure
as established in Section 2.2 above,except in the case of emergency repairs. As provided in Exhibit
A,emergency repairs must be responded to as follows:
• Initial telephone/email response within one(I)hour of City's initial contact
• Initial repair forces on-site within four(4) hours of City's initial contact
• Equipment yard with supply of commonly used materials, tools, equipment, and
vehicles within 75 miles of City of Cocoa
• Technicians(minimum 2)and Installers(minimum 2)living or reporting to an office •
within 75 miles of City of Cocoa
Given these rapid response times, a formal Task Order may not be prepared. Emergency purchase
procedures contained in the City's then-current Financial Operations Manual shall govern, and
hourly rates and unit prices invoiced to the City for emergency repairs shall not exceed those
I
ibex Installation and Maintenance Agreement
City of Cocoa and Danella Companies.Inc.
Page 3 of 26
,
contained in Exhibit B.
2.4 Equipment Purchase Orders. The City may make request ofDanella to sell certain
equipment or supplies listed in Exhibit A and Exhibit B on a"purchase order"basis. When the City
desires to place a specific order for equipment,the City may communicate with Danella,verbally or
in writing, a general description of the equipment needed. Danella will generate a detailed bid or
quote document,including the schedule for delivery and price,and send the thus developed"Quote"
to the City. For every Quote requested, at a minimum, Danella shall include a price for the
equipment that is no greater than the price included in its Cost Schedule in Exhibit B. The City will i.
review the Quote,and if the description is mutually acceptable,the City will issue a Purchase Order
or, for purchases less than $1,500.00 or as otherwise provided in the City' Financial Operations
Manual policy, may use a purchase card to make the purchase. The Purchase Order will contain
terms which are deemed supplemental to this Agreement. Upon receipt of the signed Purchase Order
or payment via purchase card, Danella shall deliver the equipment ordered therein.
2.5 For any Task Order accepted,the City will issue a notice to proceed to Danella in the
form of a letter and an executed City purchase order. Upon receipt of the signed Task Order and the
written notice to proceed from the City, Danella shall perform the services set forth in the Task
Order.
2.6 The City reserves the right, at its discretion,to perform any services related to this
Agreement or to retain the services of other companies to provide services performed by Danella 1
herein. The City shall have no obligation to purchase equipment or solicit Task Order proposals
from Danella during the term of this Agreement. The need to construct projects,performs repairs,
and purchase equipment shall be determined in the City's sole discretion. Further, the City shall
have no obligation to purchase any particular amount of equipment in any Purchase Order or for the
duration of this Agreement. No guarantee is expressed or implied as to quantities that will be
ordered or amounts that will be spent during the contract period.
2.7 The maximum hourly rates and unit prices that can be charged under this Agreement
by Danella are set forth in Exhibit"B."
3.0 CONSTRUCTION TASKS
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Construction Services shall be subject to the following requirements, except as otherwise
provided herein. Construction Sery ices shall include constructing conduit runs,constructing conduit
runs simultaneously with installation of fiber, projects involving excavation of the right-of-way,
pulling new fiber through existing conduit runs,and repairing major fiber cuts. Maintenance and
minor fiber repairs, minor splicing, and replacement of supporting fiber facilities equipment
involving mere access to existing infrastructure through handholes and other access points in the
City's fiber optic network shall not be considered"Construction Services" herein.
Fiber Installation and Maintenance Agreement
City of Cocoa and Danella Companies.Inc.
Page 4 of 26
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3.1 Danella shall furnish and be responsible for all labor, materials, supervision,
transportation and all other functions necessary or required for the Construction Services.
Construction shall be in accordance with the plans and specifications approved by the City and
subject to City inspection.
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3.2 To the extent that Danella provides Construction Services utilizing third parties,
Danella shall ensure that the contractor is willing to comply with the terms and conditions of this
Agreement. Any construction contract between Danella and the contractor must be immediately
assignable to the City, upon the City's written request to Danella and contractor, in the event that
Danella terminates this Agreement or Danella defaults under any term and condition set forth in this
Agreement. Such request shall be made by the City within seven(7)days of Danella terminating this
Agreement or default. The construction contractor shall be required to provide the City and its
officials and employees with a written indemnification and hold harmless agreement in accordance
with Florida Statutes for public construction contracts. The form of said indemnification shall be
subject to approval of the City Attorney. Further,the construction contractor must provide current ;.
certificates of worker's compensation,general liability and automobile insurance as provided below
in Section 1 1.0. Except for fiber repairs,the construction contractor shall be required to post a one
(1)year maintenance bond or cash bond,which shall be in an amount not less than ten percent(10%)
of the cost of the work, in favor of the City in accordance with Florida Statutes for public
construction projects. The form of said bonds shall be subject to approval of the City Attorney.
Promptly after the execution of a Task Order where third party contractors may be utilized, Danella
shall provide to the City, in writing, a list of names of subcontractors proposed to perform work
pursuant to the Task Order.Danella shall not employ any subcontractor to whom the City may have
reasonable ohjection. Contracts between Danella and the subcontractor shall be consistent and in
accordance with the terms of this Agreement. In the event any work under this Agreement is
performed by a subcontractor, Danella shall be responsible for any liability directly or indirectly
arising out of the work performed under this Agreement by a subcontractor, which liability is
not covered by the subcontractor's insurance. Nothing in this Agreement shall create any contractual
relationship between the City and any subcontractor or other person or organization having a direct
contract with Danella,nor shall it create any obligation on the part of the City to pay or to see to
the payment of any moneys due any subcontractor or other person or organization, except as
otherwise required by law.
33 Except when accessing already existing conduit infrastructure, Danella shall obtain
utility locates and confirm the location of all nearby underground utilities within the construction
route. Danella shall: (a) visually spot via hand digging or vacuum excavation where needed all
utilities running parallel to proposed construction routes that lie within three(3)feet of the route;and
(b)visually spot all utilities running parallel to the proposed construction routes that lie within three
to five feet of the route.
3.4 Danella shall use a horizontal directional drill for the installation of conduit and shall
monitor and record the alignment and depth readings provided by the drilling system and provide the
Fiber installation and Maintenance Agreement
City of Cocoa and Danella Companies,Enc.
Page 5 of 26
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City with a KML file identifying the GPS coordinates, as well as depth of the conduit at 30-foot
• intervals.
3.5 Upon completion of a Construction Services project,Danella shall provide City with
final maps, grids, construction and signed off As-Built drawings, as applicable, and other records
reasonably requested by City.
3.6 Except for fiber repairs,Danella shall be required to post a one(1)year maintenance
bond or cash bond for the Construction Services improvements,which shall be in an amount not less
than ten percent (10%) of the cost of the work, in favor of the City in accordance with Florida
Statutes for public construction projects. For all Task Orders for Construction Services greater than
$200,000,Danclla shall be required to execute a payment and performance bond in accordance with
Florida Statutes for public construction projects.The form of said bonds shall be subject to approval
of the City Attorney.
3.7 Danella shall conduct Acceptance Testing upon completion of construction as
specified in Exhibit A. If upon inspection of the Acceptance Testing report the City determines that
the fiber facilities are not performing in accordance with accepted industry standards or those
specified in Exhibit A, it shall provide Danella with a written notice specifying any deficiencies in .
performance to be corrected ("Deficiency Notice"). If the City has given a Deficiency Notice,
Danella shall correct any such deficiencies at Danella's sole cost.The City shall provide a notice of 1.
acceptance of the fiber facilities("Acceptance"), in writing,when the test results demonstrate that
the performance level of the fiber facilities is in conformance with industry standards.
3.8 Danella shall be required to execute a Bill of Sale for installed conduit, fiber optic
cables, and appurtenances thereto.
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3.9 For Construction Services, the Task Order shall determine whether payment for the
Services shall be made in lump sum upon Acceptance of the fiber facilities or in progress payments.
(a) For Construction Services,the Task Order may call for a lump sum payment upon
Acceptance of the fiber facilities by the City after inspection. Prior to any payment, City shall
require Danella to furnish release of all liens from any unpaid work,labor,or materials with respect
to Danella's, its contractor's, or any subcontractor's performance under this Agreement, and/or
receipt in full covering all work, labor,or materials for which a lien could be filed.
(h) For Construction Services, the Task Order may call for progress payments on the
basis of application for payments submitted to the City, by Danella, as the work progresses.
Progress payments may be withheld as provided in Section 3.10 below.
City shall withhold up to 10%of the Task Order Price throughout the project in accordance
with the Local Government Prompt Payment Act("Act"). After 50%completion of the project,the
Fiber Installation and Maintenance Agreement
City of Cocoa and Danella Companies,'nc.
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City shall reduce to 5%the amount of the retainage withheld from each subsequent progress payment
made to Danella unless the project is subject to Federal funding,in whole or in part,and the project
is subject to laws and regulations contrary to the Act. The term "50%completion of the project"
shall mean the point at which the City has expended 50% of the total cost of the construction
services purchased under the Task Order together with all costs associated with existing change
orders and other additions or modifications to the constructions services provided for in the Task
Order. After 50%completion,Danella may present to the City a payment request for up to one-half
of the retainage held by the City. The City shall promptly make payment to Danella unless the City j
has grounds,under the Act,for withholding the payment of the retainage. The remaining retainage
amount withheld shall be released with the Final Payment after the issuance of the Final Completion
Certificate. The City shall make final payment to Danella within thirty(30)days after the work is
fully and properly completed,if the contract has been fully and timely performed,but subject to the
condition that final payment shall not be due until Danella has delivered to the City a complete
release of liens arising out the contract,or receipt releases of lien fully covering all labor,materials
and equipment for which a lien could be filed, or in the alternative a bond satisfactory to the City
indemnifying him against such claims.
By making payments the City does not waive claims including but not limited to those
relating to:
i. Faulty work appearing after substantial completion has been granted;
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ii. Work that does not comply with the Contract Documents/plans and specifications
approved by the City:
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iii. Outstanding claims of liens;or i.
iv. Failure of Danella to comply with any special guarantees required by the Contract
Documents/plans and specifications approved by the City.
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3.10 Payment may be withheld on account of:(1)defective labor,materials,and equipment
not remedied upon a request to do so; (2) claims filed; (3) failure of Danella to make proper
payments to subcontractors; (4) Danella does not make prompt and proper payments for labor,
materials,or equipment furnished it;(5)another contractor is damaged by an act for which Danella
is responsible;(6)in the opinion of the City,Danella's work is not progressing satisfactorily;or(7)
Danclla's failure to perform pursuant to the terms and conditions of this Agreement. Any payment
withheld by the City may be used by the City to remedy any of the above-mentioned conditions.
3.11 Danella shall supervise and direct the Work using its best skill and attention.Danella
shall be solely responsible for all construction means, methods, techniques, sequences and
procedures and for coordinating all port, tools, construction equipment and machinery,
transportation,and other facilities and services necessary for the proper execution and completion of
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the work hereunder.
(a) Danella shall at all times enforce strict discipline and good order among its
employees,and shall not employ on the work site any unfit person or anyone not skilled in the task
assigned hereunder.
(h) Danella warrants to the City that all materials and equipment incorporated in
the work will be new unless otherwise specified in the plans and specifications approved by the City,
and that all work will be good quality,free from faults and defects and conform with such plans and
specifications. All work not conforming to these standards may he considered defective at the sole
option of the City.
(c) Danella shall pay all sales,consumer,use and other similar taxes required by
law and shall secure, at its own cost and expense, all permits, fees, and licenses necessary for the
execution of the work.
(d) Danella shall give all notices and comply with all laws, ordinances, rules,
regulations, and orders of any public authority bearing on the performance of the work, and shall
immediately notify the City if and when Danella believes the approved plans and specifications arc at
variance herewith.
(e) Danella shall be solely responsible for any and all acts and omissions of
Danella and any of its employees, subcontractors, agents, and all other persons performing any
of the work under this Agreement on behalf of or with Danella.
(1) Danella shall at all times keep the premises free from accumulation of waste 4.
materials and rubbish caused by Danella's operations. At the completion of each phase of work,
Danella shall remove all waste materials and rubbish from and about the project site as well as
Danclla's tools, construction equipment, machinery and surplus materials. Danella shall have the
exclusive responsibility to keep the work site in a safe, secure, and orderly manner in accordance
with construction industry standards.
(h) All materials stored on the job site shall remain the responsibility of Danella
until incorporated into the work.
3.12 In addition to any other remedy provided by law or in this Agreement, for
Construction Services, if Danella has defaulted or neglected to carry out the work in accordance with
the approved plans and specifications; or has failed to perform any provision of this Agreement;or
has violated a material provision of any regulation,order or rulings of any regulatory body having y
jurisdiction over this Agreement; or has committed any act of fraud upon the City; or has made a
material misrepresentation of fact to the City while performing its obligations under this Agreement; ?.
or has acted grossly negligent in performing under this Agreement;the City may,after three(3)days
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written notice to Danella and without prejudice to any other remedy it may have, terminate this
Agreement or, at the City's option, the particular Task Order, and may at its option complete the
work required hereunder by any means available and deduct the cost of completion from the price
agreed upon in the Task Order, and if the unpaid balance of such price exceeds the expense of
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finishing the work, such excess shall be paid to Danella, but if such expenses exceed such unpaid j
balance,Danella shall pay the difference to the City's account. The City shall be liable only for the .
payment of all unpaid charges,determined in accordance with the provisions of this Agreement,for
• Work properly performed prior to the effective date of termination.
3.13 For Construction Services, Danella agrees to the fullest extent permitted by law,to
indemnify and hold harmless the City and its employees and officers from and against all claims,
losses, damages, personal injuries (including but not limited to death), or liability (including
reasonable attorney's fees),directly or indirectly arising from,or out of the following: (a) the acts,
errors, omissions, intentional or otherwise, arising out of or resulting from Danella 's or any
subcontractor's performance of the services and work being performed under this Agreement; (b)
Danella's or any subcontractor's failure to comply with the provisions of any federal, state or local
laws, ordinances, or regulations applicable to Danella's or any subcontractor's performance under
this Agreement; (c)any fraud and misrepresentation conducted by Danella or any subcontractor in
the performance or acquisition of services and work under this Agreement; (d) Danella 's or any
subcontractor's failure to properly expend the funds provided by City for the work and services
provided in this Agreement; (e)any patent or copyright infringement claims made against the City
with regards to the plans and specifications;and (0 all claims growing out of the lawful demands of
subcontractors,laborers,workmen,mechanics,materialmen,and furnisher's of machines and parts
thereof,equipment,tools,and all indemnification provided above shall obligate Danella to defend at
its own expense or to provide for such defense, at the option of the City, of any and all claims of
liability and all suits and actions of every name and description that may be brought against the City
or its employees and officers,which may result from the services and work performed under this
Agreement whether the services and work are performed by Danella,by subcontractors,or anyone
directly or indirectly employed by Danella_ in all events the City shall be permitted to choose legal
counsel of its sole choice,the fees for which shall be reasonable and subject to and included with the
indemnification provided herein.
Danella specifically assumes potential liability for actions brought by Danclla's own
employees against the City and,solely for the purpose of this indemnification and defense,Danella
specifically waives its entitlement,if any,to immunity under Section 440.1 1,Florida Statutes. This
waiver has been specifically and mutually negotiated by the parties.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the Services at any time by giving written notice to
Danella.If such changes increase(additional services)or decrease or eliminate any amount of Work,
City and Danella will negotiate any change in total cost or schedule modifications. If the City and
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Danella approve any change,the Task Order will be modified in writing to reflect the changes;and
Danella shall be compensated for said services in accordance with the terms of Article 6.0 herein.
• All Change Orders shall be authorized in writing by City's and Danella's designated representative.
Additions, elections, or deletions to the Work performed by Danella without authorization of a
signed Change Order shall not result in an adjustment in the contract price or time for the completion
of the Work.
4.2 All of City's said Task Orders and amendments thereto shall be performed in strict
accordance with the terms of this Agreement insofar as they are applicable.
• 5.0 SCHEDULE
5.1 Danella shall perform services in conformance with the mutually agreed schedule set
forth in the negotiated Task Order. Danella shall complete all of said services in a timely manner
and will keep City apprised of the status of work on at least a monthly basis or as otherwise
reasonably requested by the City. Should Danella fall behind the agreed upon schedule, it shall .
employ such resources so as to comply with the agreed-upon schedule.
5.2 No extension for completion of services shall be granted to Danella without City's
prior written consent,except as provided in Sections 4.1 and 20.1 herein.
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5.3 Any cost caused by defective or ill-timed services shall be borne by the party
responsible therefore.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF DANELLA
6.1 General Services. For basic and additional Services performed by Danella's
principals,employees,and resident project representatives(and assistants)pursuant to paragraphs
2.0,3.0,and 4.0 the City agrees to pay Danella an amount equal to that agreed upon by the parties for
a particular Task Order. However,payment terms must be consistent with the terms and conditions
in this Agreement. To the extent that the payment terms in any Task Order conflict with the payment
terms set forth in this Agreement,the conflicting provisions of this Agreement shall prevail. ►
6.2 Additional Services Performed by Professional Associates and Consultants. For
additional Services and Reimbursable Expenses of independent professional associates and
consultants employed by Danella to render additional Services pursuant to paragraphs 2.0,3.0,and
4.0 the City agrees to pay Danella an amount equal to that billed Danella by the independent
professional associates and consultants. Prior to payment by the City, Danella shall submit to the
City a copy of any written invoice received by Danella from all independent professional associates
and consultants which clearly evidences the amount billed by the independent professional associates
and consultants for additional Services and any Reimbursable Expenses.
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6.3 Witness Services. For witness or expert services rendered by Danella's principals,
employees,resident project representatives(and assistants),and independent professional associates
and consultants on behalf of the City in any litigation, arbitration, or other legal or interested
administrative proceeding in which the City is a named interested party,City agrees to pay Danella
or independent professional associate or consultant,which is used as a witness or expert,an amount
equal to that agreed upon by the party for a particular Task Order. All witness or expert witness
services shall be subject to the direction of the City Attorney and must be coordinated and approved
by the City Attorney in advance. When performing such services for the City, Danella shall be
hound by any attorney-work product public records exemption laws and rules.
6.4 Florida Prompt Payment Act. Payment shall be due and payable as provided by the
Florida Local Government Prompt Payment Act s.218.70 et. seq.,Florida Statutes.
6.5 Miscellaneous. Under no circumstances shall actual or direct costs under this
Agreement include costs associated with inefficiency, offsite or home office overhead, loss of
productivity,consequential damages,legal or consulting costs,or costs associated with delays caused
in whole or in part by the Danella.
6.6 Errors and Deficiencies. Danelia shall not invoice the City or seek any
compensation from the City to correct or revise any errors or deficiencies in Danella's services
provided under this Agreement.
6.7 Payment Offsets. To the extent that Danel la owes the City any money under this or
any other Agreement with the City,the City shall have the right to withhold payment and otherwise
back charge Danelia for any money owed to the City by Danella.
6.8 Payment not Waiver. 7-he City's payment of any invoice under this Agreement shall
not be construed or operate as a waiver of any rights under this Agreement or any cause of action
arising out of the performance of this Agreement, and Danella shall remain liable to the City in
accordance with applicable law for all damages to the City caused by Danella's performance of any
services provided under this Agreement.
6.9 Delay Remedy. The risk of any monetary damages caused by any delays in
performing the Services under this Agreement and any Task Order are accepted and assumed entirely
by Danella,and in no event shall any claim relating thereto for an increase in compensation be made 1
or recognized. Danella shall not make any claim nor seek any damages of any kind against the City
for any delays,impacts,disruption or interruption caused by any delay. Danella's remedy fora delay
shall be an equitable extension of time to perform the Services for each day of such delay that 1_
impacts the critical path of the schedule established under this Agreement or specific Task Order.
6.10 Acceptance of Payment. Acceptance of final payment by Danella for a specific Task
Order shall constitute a release of all claims for payment which Danel la may have against the City
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for that Task Order unless such claims are specifically reserved in writing and transmitted to the City
by Danella prior to its acceptance. Said final payment shall not,however,be a bar to any claims that
the City may have against Danella or to any remedies the City may pursue with respect to such
claims.
6.11 Payment Adjustments. It is agreed that payment by the City of any billing will not 1
constitute agreement as to the appropriateness of any item and that at the time of any final audit,all
required adjustments will be made and reflected in a final payment. In the event that such final audit
reveals an overpayment to the Danella,Danella agrees to refund such overpayment to the City within
ninety(90)days of notice of any such overpayment. Such refund shall not constitute a waiver by
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Danella for any claims relating to the validity of a finding by the City of overpayment.
6.12 Partial Payments. Payment made to Danella shall not constitute acceptance of the
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work or any portion thereof which is not in accordance with this Agreement. The City retains the
right to pay only that percentage of the total contract amount that equals the same percentage that
work completed bears to the total amount of work required to be performed under this Agreement. If
the City objects to all or any portion of any invoice,it shall notify Danella of the same within five(5)
• days from the date of receipt and shall pay that portion of the invoice not in dispute. The parties
shall immediately make every effort to settle the disputed portion.
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7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the Services
performed by Danella.
7.2 No inspection,review,or observation shall relieve Danella of its responsibility under
this Agreement.
8.0 PROGRESS MEETING
8.1 City's designated Project Manager may hold periodic progress meetings on a monthly
basis,or more frequently if required by the City,during the team of any Task Order entered into
under this Agreement. Danella's Project Manager and all other appropriate personnel shall attend ;#
such meetings as designated by City's Project Manager.
9.0 SAFETY
9.1 Danella shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals,employees,resident project representatives(and assistants)
while performing Services provided hereunder.
10.0 REASONABLE ACCESS
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10.1 During the term of this Agreement,City shall grant Danella reasonable access to the
City's premises,records,and files for purposes of fulfilling its obligations under this Agreement.
11.0 INSURANCE
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> 11.1 Liability Amounts. During the term of this Agreement,Danella shall be responsible
for providing the types of insurance and limits of liability as set forth below.
a. Professional Liability. Proof of professional liability insurance shall be provided to
the City for the minimum amount of $1,000,000 as the combined single limit per claim and
$1,000,000 in the aggregate. C
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b. Danella shall maintain comprehensive general liability insurance in the minimum
amount of$1,000,000 as the combined single limit for each occurrence to protect Danella from
claims of property damages and personal injury which may arise from any Services performed under
this Agreement whether such Services are performed by Danella or by anyone directly employed by
or contracting with Danella,and with a deductible not greater than$5,000.00. },
c. Danella shall maintain comprehensive automobile liability insurance in the minimum
amount of$1,000,000 combined single limit bodily injury and minimum$50,000 property damage
as the combined single limit for each occurrence to protect Danella from claims for damages for
bodily injury, including wrongful death,as well as from claims from property damage,which may
arise from the ownership, use, or maintenance of owned and non-owned automobiles, including
rented automobiles whether such operations be by Danella or by anyone directly or indirectly
employed by Danella.
d. Danella shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance and Employers'Liability Insurance in at least such amounts as are required h
by law for all of its employees performing Work for the City pursuant to this Agreement.
11.2 Special Requirements. Current,valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement..Renewal certificates shall
be sent to the City thirty(30)days prior to any expiration date. There shall also be a thirty(30)day
advance written notification to the City in the event of cancellation or modification of any stipulated
insurance coverage. The City shall be an additional named insured on stipulated insurance
policies included in article 10.I.b and 10.1.c herein,as its interest may appear,from time to time.
11.3 The insurance required by this Agreement shall include the liability and coverage
provided herein,or as required by law,whichever requirements afford greater coverage. All of the
policies of insurance so required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded will not be canceled,materially changed or renewal refused
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until at least thirty(30)days'prior written notice has been given to the City,and Danella by certified
mail,return receipt requested. All such insurance shall remain in effect until final payment.In the
event that Danella shall fail to comply with the foregoing requirement,the City is authorized,but in
no event shall be obligated,to purchase such insurance,and the City may bill Danella. Danella shall
immediately forward funds to the City in full payment for said insurance. It is expressly agreed that
neither the provision of the insurance referred to in this Agreement nor the City's acceptance of the
terms,conditions or amounts of any insurance policy shall be deemed a warranty or representation as
to adequacy of such coverage. All insurance coverage shall be with insurer(s)rated as A+by Best's
Rating Guide(or equivalent rating and rating service as reasonably determined by the City Manager)
and licensed by the State.of Florida to engage in the business of writing of insurance or provided
through the London Market for Professional Liability insurance. Unless agreed to by the City to the
contrary, the City shall be named on the insurance policies included in article 10.I.b and 10.l.c as
"additional insured." Danella shall cause its insurance carriers,prior to the effective date of this
agreement to furnish insurance certificates specifying the types and amounts of coverage in effect
pursuant hereto,the expiration dates of such policies,and a statement that no insurance under such
policies will be canceled without thirty(30)days'prior written notice to the City in compliance with
other provisions of this Agreement. Further copies of all relevant policies will be provided to the
City within thirty(30)days of the effective date of this agreement. If the City has any objection to
the coverage afforded by or other provision of the insurance required to be purchased and maintained
by Danella in accordance with this Article on the basis of its not complying with the Agreement,the
City shall notify Danella in writing thereof within thirty(30)days of the date of delivery of such
certificates to the City. For all Work performed pursuant to this Agreement, Danella shall
continuously maintain such insurance in the amounts, type, and quality as required by the
Agreement.
11.4 Independent Associates and consultants. All independent associates,consultants
and subcontractors employed by Danella to perform any Services hereunder shall fully comply with
the insurance provisions contained in this paragraph.
12.0 COMPLIANCE WITH LAWS AND REGULATIONS
12.1 Danella shall comply with all requirements of federal,state,and local laws, rules,
regulations, standards, and/or ordinances applicable to the performance of Services under this
Agreement.
13.0 REPRESENTATIONS AND WARRANTIES
13.1 Danella represents that the Services provided hereunder shall conform to all
requirements of this Agreement and any Task Order,shall be consistent with recognized and sound
practices and procedures;and shall conform to the customary standards of care,skill,and diligence
appropriate to the nature of the Services rendered. Danella shall perform as expeditiously as is
consistent with professional skill and care and the orderly progress of the Services performed
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hereunder. Danella's services shall be consistent with the time periods established under this
Agreement or the applicable Task Order. Danella shall provide City with a written schedule for
services performed under each Task Order and such schedule shall provide for ample time for the
City to review,for the performance of consultants or subcontractors(if any),and for the approval of
submissions by authorities having jurisdiction over the services. Danella's designated representative •
shall have the authority to act on Danel la's behalf with respect to the Services. In addition,Danella's
representative shall render decisions in a timely manner in order to avoid unreasonable delay in the
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orderly and sequential progress of the Services. Except with the City's knowledge and consent,
Danella shall not engage in any activity, or accept any employment, interest or contribution that
would reasonably appear to compromise Danella's professional judgment with respect to the
Services. Danella shall review laws, codes, and regulations applicable to Danella's Services.
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Danella's services and design shall comply with all applicable requirements imposed by all public
authorities. Danella represents and warrants that it is familiar with,and accepts that it will perform
the Services hereunder in a manner that complies with all applicable requirements of law,codes,and
regulations. Danella shall be responsible for the professional quality,technical accuracy and the
• coordination of all plans, studies, reports and other services furnished to the City under this
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Agreement. Unless this Agreement is terminated by the City, or terminated by Danella for
nonpayment of any proper invoices,or the City exercises its rights to perform the Services pursuant
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• to under Paragraph 2.2 herein, Danella shall be responsible for the satisfactory and complete
• execution of the Services described in this Agreement and any Task Order. Danella represents that it
will carefully examine the scope of services required by the City in and Task Order, that it will
• investigate the essential requirements of the services required by the Task Order,and that it will have F
sufficient personnel,equipment,and material at its disposal top complete the services set forth in the
Task Order in a good professional and workmanlike manner in conformance with the requirements
of this Agreement.
13.2 Danella represents that all principals,employees,and other personnel furnishing such
Services shall he qualified and competent to perform the Services assigned to them and that such
guidance given by and the recommendations and performance of such personnel shall reflect their
best professional knowledge and judgment. Danella shall correct and remedy any work that fails to
conform to the requirements of the approved plans and specifications where such failure to conform
appears during the progress of the work. In addition,Danell hereby warrants and guarantees that all
materials,equipment or labor shall be free of defective workmanship for a period of one year from
the date that all Certificates of Completion and a Certificate of Occupancy(if required)are issued by
the City; or within such longer period of time as may be prescribed by law. The provisions of this
Paragraph apply to work done by subcontractors as well as to work done by direct employees of
Danella.
14.0 GUARANTEE AGAINST INFRINGEMENT
14.1 Danclla guarantees that all Services performed under this Agreement shall be free
from claims of patent,copyright,and trademarks infringement. Notwithstanding any other provision
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of this Agreement,Danella shall indemnify,hold harmless,and defend City,its officers,directors,
employees,attorneys,agents,assigns,and servants from and against any and all liability,including 1
expenses,legal or otherwise,for actual or alleged infringement of any patent,copyright,or trademark
resulting from the use of any goods, Services, or other item provided under this Agreement.
Notwithstanding the foregoing,Danella may elect to provide non-infringing services.
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15.0 DOCUMENTS
15.1 Public Records. Pursuant to Section 119.0701,Florida Statutes and other applicable
public records laws, Danella agrees that any records, documents, transactions, writings, papers,
letters, computerized information and programs, maps, books, audio or video tapes, films,
photographs,data processing software,writings or other material(s),regardless of the physical form,
characteristics,or means of transmission,of Danella related,directly or indirectly,to the services
provided to the City under this Agreement and made or received pursuant to law or ordinance or in
connection with the transaction of official business by the City,may be deemed to be a public record, �.
whether in the possession or control of the City or Danella. Said records,documents,transactions,
writings,papers,letters,computerized information and programs,maps,books,audio or video tapes,
films,photographs,data processing software,writings or other material(s),regardless of the physical
form,characteristics,or means of transmission of Danella arc subject to the provisions of Chapter
119,Florida Statutes,and may not be destroyed without the specific written approval of the City's
designated custodian of public records.
IF DANELLA HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES,TO DANELLA'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY
CLERK,AT(321)433-8484,cshealy@cocoafl.org, City Clerk's Office,65 Stone Street,Cocoa,FL
32922.
Danella is required to and agrees to comply with public records laws.Danella shall keep and
maintain all public records required by the City to perform the services as agreed to herein. Danella
shall provide the City,upon request from the City Clerk,copies of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided by law. Danella shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the Agreement term. Upon completion of the Agreement, Danella shall transfer to the
City,at no cost,all public records in possession of the Danella,provided the transfer is requested in
writing by the City Clerk. Upon such transfer,Danel Ia shall destroy any duplicate public records that
arc exempt or confidential and exempt from public records disclosure requirements.However,if the
City Clerk does not request that the public records be transferred,Danella shall continue to keep and
maintain the public records upon completion of the Agreement and shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
City, upon request from the City Clerk, in a format that is compatible with the information .
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• technology systems of the City. Should the City not possess public records relating to this
• Agreement which are requested to be inspected or copied by the City or any other person,the City
shall immediately notify Danella of the request and Danella shall then provide such records to the i
City or allow the records to be inspected or copied within a reasonable time. If Danella does not 1
comply with a public records request,the City may enforce this Section to the extent permitted by I
law. Danella acknowledges that if Danella does not provide the public records to the City within a
reasonable time, the Danella may be subject to penalties under Section 119.10, Florida Statutes.
Danella acknowledges that if a civil action is filed against Danella to compel production of public 1
records relating to this Agreement,the court may assess and award against Danella the reasonable
costs of enforcement, including reasonable attorney fees.All public records in connection with this
Agreement shall, at any and all reasonable times during the normal business hours of Danella, be I
open and freely exhibited to the City for the purpose of examination,audit,or otherwise. Failure by 1
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Danella to grant such public access and comply with public records laws and/or requests shall be
grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a s
written notice of cancellation. If Danella fails to comply with this Section,and the City must enforce I
this Section, or the City suffers a third party award of attorney's fees and/or damages for violating i
Chapter 119, Florida Statutes, due to Danella's failure to comply with this Section, the City shall 1
collect from Danella prevailing party attorney's fees and costs, and any damages incurred by the
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City,for enforcing this Section against Danella. And,if applicable,the City shall also be entitled to . I
reimbursement of all attorneys'fees and damages which the City had to pay a third party because of t
. Danella's failure to comply with this Section. The terms and conditions set forth in this Section shall 1
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a. Reuse of Documents. All documents, including but not limited to, drawings, `
specifications,and data,or programs stored electronically or otherwise,prepared by Danella and its 1
independent contractors and associates pursuant to this Agreement or related exclusively to the I
Services described herein shall be owned by the City and may be reused by the City for any reason or t
purpose at anytime. However, the City agrees that the aforesaid documents are not intended or
represented to be suitable for reuse by the City or others on any undertaking other than the Work 1.
outlined in this Agreement. Any reuse for an undertaking other than for the Work without '
verification or adaptation by Danella,or its independent contractors and associates if necessary,to
specific purposes intended will be at the City's sole risk and without liability or legal exposure to t
Danella.
b. Ownership of Documents. The City and Danella agree that upon payment of fees c
due to Danella by the City for a particular design, report, inventory list, compilation, drawing, t
specification, model, recommendation, schedule or otherwise, said design, report, inventory list, t•
compilation, drawing, specification, technical data, recommendation, model, schedule and other
instrument produced by the Danella in the performance of this Agreement,or any Work hereunder,
shall be the sole property of the City,and the City is vested with all rights therein. Danella waives I.
all rights of copyright in said design, report, inventory list, compilation, drawing, specification, f
technical data, recommendation,model,schedule and other instrument produced by Danella in the i
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• performance of this Agreement,and hereby assigns and conveys the same to the City whether in the
possession or control of Danella or not.
c. Preexisting Ownership Rights to Documents. Notwithstandingany provisions
to the contrary contained in this Agreement, Danella shall retain sole ownership to its preexisting
information not produced and paid for by the City under this Agreement including,but not limited to
computer programs,software, standard details, figures,templates and specifications.
16.0 ASSIGNMENT
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16.1 Danella shall not assign or subcontract this Agreement,any Task Order hereunder,or
• any rights or any monies due or to become due hereunder without the prior,written consent of City.
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16.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Danella, Danella shall be fully responsible to City for all acts and/or omissions I
performed by the subcontractor as if no subcontract had been made.
16.3 If City determines that any subcontractor is not performing in accordance with this
Agreement, City shall so notify Danella who shall take immediate steps to remedy the situation.
16.4 If any part of this Agreement is subcontracted by Danella,prior to the commencement
of any Work by the subcontractor, Danella shall require the subcontractor to provide City and its
affiliates with insurance coverage as set forth by the City.
17.0 INDEPENDENT CONTRACTOR
17.1 At all times during the term of this Agreement, Danella shall be considered an
independent contractor and not an employee of the City.
• 18.0 DEFAULT BY DANELLA AND CITY'S REMEDIES
18.1 The City reserves the right to revoke and terminate this Agreement and rescind all
rights and privileges associated with this Agreement, without penalty, in the following
circumstances,each of which shall represent a default and breach of this Agreement:
(a) Danella defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within thirty(30)calendar days after written notice
from the City specifying the default complained of,unless,however,the nature ofthe default is such
that it cannot,in the exercise of reasonable diligence.be remedied within thirty(30)calendar days,in
which case Danella shall have such time as is reasonably necessary to remedy the default,provided i.
Danella promptly takes and diligently pursues such actions as are necessary therefor;or
Fiber Installation and Maintenance Agreement
City of Cocoa and Danella Companies,Inc.
Page 18 of 26
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(b) Danella is adjudicated bankrupt or makes any assignment for the benefit of creditors
or Danella becomes insolvent,or is unable or unwilling to pay its debts; or
(c) Danella has acted grossly negligent, as defined by general and applicable law, in
performing the Services hereunder;or
j
(d) Danella has committed any act of fraud or any other unlawful act upon the City or
another party;or
(e) Danella has made a material misrepresentation of fact to the City while performing its
obligations under this Agreement.
(f) Danella has assigned this Agreement or any Task Order without the City's prior
written consent.
(g) Notwithstanding the aforementioned, in the event of a default by Danella, the City
shall have the right to exercise any other remedy the City may have by operation of law, without
limitation,and without any further demand or notice.
(b) In the event of such termination upon default and breach of this Agreement, any
completed services performed by Danella under this Agreement shall, at the option of the City,
become the City's property and Danella shall be entitled to receive equitable compensation for any
work completed to the satisfaction of the City. Danella,however,shall not be relieved of liability to
the City for damages sustained by the City by reason of any breach of the Agreement by the City,and
the City may withhold any payments to Danella for the purpose of setoff until such time as the
amount of damages due to the City from Danella can be determined. 4.
19.0 TERMINATION
19.1 Notwithstanding any other provision of this Agreement,City may,upon written notice
to Danella,terminate this Agreement for convenience,without penalty,upon thirty(30)days advance
written notice. 1n the event of such termination, City shall be liable only for the payment of all
unpaid charges.determined in accordance with the provisions of this Agreement,for Work properly
performed to the satisfaction of the City prior to the effective date of termination.
20.0 FORCE MAJEURE
20.1 Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes (except involving Danclla's labor force); extraordinary
breakdown of or damage to City's affiliates'generating plants,their equipment,or facilities; court
injunction or order;federal and/or state law or regulation;order by any regulatory agency;or cause or
Fiber Installation and Maintenance Agreement
City of Cocoa and Danella Companies.Inc.
Page 19 of 26
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causes beyond the reasonable control of the party affected;provided that prompt notice of such delay
is given by such party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes.If any circumstance of Force Majeure remains in effect for sixty days,
either party may terminate this Agreement.
•
21.0 GOVERNING LAW& VENUE
21.1 This Agreement is made and shall be interpreted,construed,governed,and enforced
in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be
Brevard County,Florida. Venue for any federal action or litigation shall be Orlando,Florida.
. 4
22.0 HEADINGS
22.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
23.0 SEVERABILITY
23.1 In the event any portion or part of thereof this Agreement is deemed invalid,against
public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise by fully enforceable.
24.0 WAIVER AND ELECTION OF REMEDIES
24.1 Waiver by either party of any terms, or provision of this Agreement shall not be
considered a waiver of that term,condition,or provision in the future.
24.2 No waiver,consent,or modification of any of the provisions of this Agreement shall
be binding unless in writing and signed by a duly authorized representative of each party hereto.
25.0 THIRD PARTY RIGHTS
25.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than City and Danella. •
26.0 PROHIBITION AGAINST CONTINGENT FEES •
•
26.1 Danella warrants that it has not employed or retained any company or person.other
than a bona fide employee working solely for Danella,to solicit or secure this Agreement,and that it •
has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a
z '
Fiber Installation and Maintenance Agreement .
City of Cocoa and Danella Companies,Inc.
Page 20 of 26
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bona fide employee working solely for Danella, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. •
27.0 ENTIRE AGREEMENT
27.1 This Agreement,including any Task Orders and Schedules,Attachments,Appendix's
and Exhibits attached hereto,constitute the entire agreement between City and Danella with respect
to the Services specified and all previous representations relative thereto,either written or oral,are
hereby annulled and superseded.
28.0 NO JOINT VENTURE
28.1 Nothing herein shall be deemed to create a joint venture or principal-agent s'
relationship between the parties,and neither party is authorized to,nor shall either party act toward f
{ third persons or the public in any manner which would indicate any such relationship with the other.
29.0 ATTORNEY'S FEES
29.1 Should any litigation arise concerning this Agreement between the parties,the parties
agree to bear their own costs and attorney's fees.
30.0 COUNTERPARTS
30.1 This Agreement maybe executed in any number of counterparts,each of which when
so executed and delivered shall be considered an original agreement; but such counterparts shall
together constitute but one and the same instrument.
31.0 DRAFTING
31.1 City and Danella each represent that they have both shared equally in drafting this
Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement
in the event of a dispute between the parties.
32.0 NOTICE
32.1 Any notices required to be given by the terms of this Agreement shall be delivered by
hand or mailed,postage prepaid to:
For Danella:
Danella Construction Corporation of Florida, Inc.
Attn: Caitlin Loughran •
581 Washburn Road
Fiber Installation and Maintenance Agreement
City of Cocoa and Danella Companies.Inc.
Page 21 of 26
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Melbourne, Florida 32934
1
For City:
City of Cocoa
Attention: City Manager
65 Stone Street
Cocoa, Florida 32922
(321)433-8686
32.2 Either party may change the notice address by providing the other party written notice
of the change.
32.3 Any Notice given as provided herein shall be deemed received as follows:if delivered
by personal service, on the date so delivered; if delivered to an overnight courier service, on the
business day immediately following delivery to such service;and if mailed,on the third business day
after mailing.
33.0 SOVEREIGN IMMUNITY
33.1 The City intends to avail itself of the benefits of Section 768.28,Florida Statutes and
any other statutes and common law governing sovereign immunity to the fullest extent possible.
Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the
City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations
imposed on the City's potential liability under state or federal law. Danella agrees that City shall not
be liable under this Agreement for punitive damages or interest for the period before judgment.
Further,City shall not be liable for any claim or judgment,or portion thereof,to any one person for
over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof,
which, when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence,exceeds three hundred thousand dollars
($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for
the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign
immunity or by operation of law. This paragraph shall survive termination of this Agreement.
34.0 CORPORATE REPRESENTATIONS BY DANELLA
34.1 Danella hereby represents and warrants to the City the following:
Fiber installation and Maintenance Agreement
City of Cocoa and Danella Companies.Inc.
Page 22 of 26
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j (a) Danella is duly registered and licensed to do business in the State of Florida and is in
jt good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
1
lit (b) The undersigned representative of Danella has the power,authority,and legal right to
execute and deliver this Agreement on behalf of Danella.
35.0 INDEMNIFICATION AND LIMITATION OF LIABILITY
35.1 Danella shall defend, indemnify and hold the City, its elected officials, officers,
I.
employees,agents,and volunteers harmless from any and all claims,injuries,damages,losses,costs I
or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of 1
Danella in performance or non-performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Danella specifically assumes potential liability for actions brought by Danella's own
employees against the City and,solely for the purpose of this indemnification and defense,Danella
specifically waives its entitlement,if any,to immunity under Section 440.11,Florida Statutes. This
waiver has been specifically and mutually negotiated by the parties.
35.2 Danella shall also indemnify and hold harmless the City,and its officers(including its 1
City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not S
limited to,reasonable attorney's fees,to the extent caused by Danella's breach and caused by other
persons employed by the Danella in the performance of the Agreement and any Task Order. z
The indemnity provisions set forth in Paragraphs 35.1 and 35.2 shall be considered separate I
and independent indemnity provisions and shall survive termination ofthis Agreement.In all events z
the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be c
reasonable and subject to and included with the indemnification provided herein.
35.3 For other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Danella expresses its willingness to enter into this Agreement with the
knowledge that the Danella's recovery from the City to any action or claim arising from the i
Agreement is limited to a maximum amount of the sum of any Agreement amount that is owed by I
the City for services actually performed by Danella to the City's complete satisfaction,and in no case ;
shall exceed the amount provided in article 33.1 herein. Nothing contained in this paragraph or
elsewhere in this Agreement is in any way intended either to be a waiver of the limitation placed '
upon the City's liability as set forth in Section 768.28 Florida Statutes, or to extend the City's
liability beyond the limits established in said Section 768.28 Florida Statutes;and no claim or award
against the City shall include attorney's fees, investigative costs, expert fees, suit costs or pre- 4:
judgment interest.
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City of Cocoa and Danella Companies.Inc. i
Page 23 of 26
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36.0 RECORD DRAWINGS
36.1 Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others,and may not always represent the exact location,type of various
components, or exact manner in which the project was finally constructed. Danclla is not
responsible for any errors or omissions in the information from others that is incorporated into the
record drawings.
37.0 ADDITIONAL. ASSURANCES
37.1 Danella for itself and its subcontractors,if any,certifies that:
(a) No principal(which includes officers,directors,or executive)or individual holding a
professional license and performing work under this Agreement is presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from participation in any
consulting activity by any Federal, State, or local governmental commission, department,
corporation,subdivision,or agency;
(b) No principal(which includes officers,directors,or executive)or individual holding a
professional license and performing work under this Agreement,employee,or agent has employed or
otherwise provided compensation to, any employee or officer of the City;and;
(c) No principal(which includes officers,directors,or executive)or individual holding a
professional license and performing work under this Agreement,employee,or agent has willfully
offered an employee or officer of the City any pecuniary or other benefit with the intent to influence
the employee or officer's official action or judgment.
(d) The undersigned is authorized to execute this Agreement on behalf of the Danella and
said signature shall bind Danclla to this Agreement. No further action is required by Danclla to enter
into this Agreement other than Danclla's undersigned representative execution of the Agreement.
IN WITNESS WHEREOF,the parties hereto caused this Agreement to be executed by their
duly authorized representatives as of the date first written above.
CITY: DANE LLA:
CITY f F COCOA *iitu
r
By'C — By: /
ir ,
John A. 'ltkanich , Jr
print Name/Title: iPrint;`Iame/1'itle. ores M 5CA•ets r e
AICP , ICMA—CM, l.ity Manager ^�
JiCe ►T<s:d(4-1-
Fiber
tTFiber Installation and Maintenance Agreement
City of Cocoa and Danclla Companies.Inc.
Page 24 of 26
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(1 CA/Lc-TEST:
06 7
A_LaCt_1
4 _ By: 4 e2J.,tA.,,
City.Cle 11
*••T[UIS•A:GREI'MENT IS ONLY VALID AGAINST THE CITY UPON APPROVAL BY
THE CITY COUNCIL OF COCOA AND SIGNATURE BY EITHER THE MAYOR OR
CITY MANAGER.
•
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Fiber Installation and Maintenance Agreement
City of Cocoa and Danclla Companies_Inc.
Page 25 of 26
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FIRER OPTIC NETWORK EQUIPMENT,MAIEKIAL,SUPPLIES,INSTALLATION,ANDMATNTF.NANCE
E.FP f P-18-04-COC
4
r
Will your company extend these prices to other governmental agencies within the State
of Florida? f.
Yes x No
The undersigned hereby certifies that they have read and understand the contents of this
solicitation and agree to furnish at the prices shown any or all of the items above,subject
to all instructions,conditions,specifications,and attachments hereto. Failure to have read s
all the provisions of this solicitation shall not be cause to alter any resulting contract or
request additional compensation. i
Company Name: Danella __...._.. 3
i
Company Address: 717 South Industry Road _
City,State: Cocoa, FL. _ ^��._Zip Code: 32926`
Telephone: 321-877-4632 Fax: 321-871. 4634 'i
E-mail: dhowickndanella. ;m
Business Tax Receipt Numbe i` + �, / ! _ FEIN Number: 59-2453991
,�,,,��
Authorized Signature: ,,.,�,..,.._..� Date:9/2712017 eSjt
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Name: Daniell.Howick Title: Business Development Manager
(Type/Printed) f
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Daneila Construction Corporation of Florida
Dk4IFIELLA
717 S Industry Rd
Cocoa, FL, 32928
Materials available for ODP Purchasing
•
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Listed below are materials available for owner direct purchasing.
Please note that factory minimum footages as well as lead times specified from the
factory still apply:
12 count outside plant rated dielectric multimode cable jj .
24 count outside plant rated dielectric multimode cable
48 count outside plant rated dielectric multimode cable
72 count outside plant rated dielectric multimode cable
96 count outside plant rated dielectric multimode cable
144 count outside plant rated dielectric multimode cable I f
•
12 count riser rated multimode cable
24 count riser rated multimode cable
48 count riser rated multimode cable
72 count riser rated multimode cable
•
96 count riser rated multimode cable
144 count riser rated multimode cable
12 count plenum rated multimode cable
•
24 count plenum rated multimode cable
48 count plenum rated multimode cable
72 count plenum rated multimode cable
96 count plenum rated multimode cable
144 count plenum rated multimode cable
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EXHIBIT B `
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FIBER OPTIC NETWORK EQUIPMENT,MATERIAL,SUPPLIES,INSTALLATION,AND MAINTENANCE
RFP 0 P-I*-O4.iOC
1
P
SECTION VIII 3.
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PRICE SCHEDULE i
E
Proposers arc not required to bid on all groups, but arc required to bid on all items within
each group they choose to bid on.
1
In accordance with all terms, conditions,specifications,and requirements,the bidder
offers the following: t
i.
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:"., ....7....:•'.•,.-:::.;_';;;;n.: - .._:._.-•:.
1.
•
•
:,2:. ... 'System Ilesigi .&En ttg Labor':`.:..• .:..,'P0,:: Unit Frzc.e !,
. 100-3-101. I BICSI Reg Comm Dist Design Services; • . HR $130.00 -
100-4-102 : CADD Operator _ . - HR $.
80:00
100-5-103a {
Comm.Cable-Electronics Technician`: ::. HR $80.00
l00-5-103b Comm Cable-Electronics Technician(After HR $_ `
• Hours) 110.00
100-6-104a Commwuc ation Cable lnstaller
•
_ HR° $65.00 ,
100-6-104b Communication Cable Installer(After Hours) HR $90.00 r
• I00-7-1.05a :Communication Duct Installer HR $65.00 c
• 100-7-105b I Communication Duct Installer(After Hours) HR $90.00 I
1.
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-, (>bY i�a�istructio Conduit ,.der= i)iiit�Ptxce'�:
Conduit,2" 10'PVC @ 24",Machine Trench 1.t
200-5-12-24 ; (F&I) LF $ 4.58 i
200-5-12-36 . Conduit,2"PVC @ 36"Machine Trench(F84I) : 'IX $'5.25I
200-5-13-24 Conduit,2" PVC @ 24",Hand Trench(F&I) I.F $5.26 i.
200-5-13-36 Conduit;2"PVC @ 36", Hand Trench(F&I) LF• $535 . _
200-5-12-ep Conduit,2"PVC Additional Pipe In Trench(F&I) LF $1.50 1
200-6-1.25 Innerduct, 1 114" Cornloted,Colored(F&I) LF $1.65 t
200-6-41.25 Conduit Plowing 4W 1.25" HDPE,Colored(F&1) LY $6.00
200-6-23 MaxCell Placement in existing 2" Conduit -2" -3 LA.. $ 4.10
_ _ C..ell (F D _
200.6-33 MaxCeIl Placement in existing 3"Conduit- 3" -3 LF $ 4.70 i
Cell(F&1) ; 1
MaxCell Placement in existing 4" Conduit -4"- 3
200-ti-43 Cell (F&I) LF $ 5.26
u
200-6-00-18 Cable Direct Bury,Hand Dig p 18" (I Only) LF $3.30 1
200-6-00-30 Cable Direct Bury,Plow 0 30" l Only) Ll $2.90 l
200-6-12-db Directional Bore,2"HDPE(F&I):: LF $14:00
200-G-14-db Directional Bore,2" HDPE, Special Conditions LF $20.00 r
(F&I)
200-6-15-db Directional Bore,4"IiLI'E (17&I) LI' $18.00 1
• 200-6-16-db Directional Bore,4"HDPE,Special Conditions(F&1) LF _ $30.00
200-6__18-dh_ Directional Bore,8"Under Waterway<1,000If(F&1) . LF $74.00
-..
Pdge74of80
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FIBER OPTIC NETWORK EQUIPMENT.MATERIAL.SUPPLIES,INSTALLATION,AND MAINTENANCE
RFP!! P-18-04COC
200-6-12-grs Conduit,2"GRS,(F&I) LF $ 19.61
200-6-14-grs Conduit,4"GRS,(F&1) LF $29.86 _
200-6-12jrs Conduit,2"Fiberglass Bridge Mount(F&I) LF $48.55
200-6-14-grs Conduit,4"Fiberglass bridge mount(F&I) LF $66.60
200=7-TW' . Detectable Tracer Wire(F&I) :: :`..`:. . . ; ,.. : - I $.35: •
200-7-MT Detecstable.Marking Tape.(F&1) .LI? 40
200-7-JL Jet Line(Fv9C1 :LF $ 25
200.7.ROW ROW Delineator Marker Post Ordn a 674,A EACH .$69:38 t:
:_> 11 oxer and�wra4�ot.I34jes-
202-8-443 Manhole,Composite 4'x4'x3'W/Lid(F&I) EACH S 4,883.21
202-8-444 Manhole,Composite 4'x4'x4'WI Lid(F&I) EACH $6,276.82
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202-8-232 Handhole,.Composite 24"x36"x24" W/Lid(F&I) EACH:. $767:84..
E 202-8-233 ,Handholc,Composite 24"x3ex36"NV/Lid(F&J)_ EACH $873.32
202-8-121 _Pullboxes, Composite 17"x30"x12" Wi Lid(F&I) EACH - $336.51
ZS
7' . Fibear'Qptic.Cable. OSP... _ , Per Unit Price rr
201-4-111-12 FO Cable 12F,SM,LT, Aerial (F&T) T.F $1.36
201-4-111-24 FO Cable 24F, SM, LT,Aerial(F&I) LF $1.49
201-4-111-48 ' FO Cable 48F,SM,LT,Aerial(F&I) LF $1.72
201-4-111-72 FO Cable 72,SM,LT,Aerial(F&I) LF $203
201-4-111-96 FO Cable 96F, SM,LT,Aerial(F&I) LF $231
201-4-111-144 FO Cable 144l'',SM,LT,Aerial(MI) LF $3.03
201-4-112-12 FO Cable 12F, SM,ADSS,Aerial(F&I) LF $1.60
201-4-112-24 FO Cable 24F, SM,ADSS,Aerial (F&I) LF $1.77
201-4-112-48 FO Cable 48F, SM,ADSS,Aerial(F&I) LF $2.10
201-4-112-72 FO Cable 72F, SM,ADSS,Aerial(F&I) LF $2.51
201-4-112-96 FO Cable 96F,SM,ADSS,Aerial (F&I) _ LF $2.85
201-4-112-144 _FO Cable 144F,SM,ADSS,Aerial(F&I) LF $3.82
201-4-113-12 FO Cable 12F,SM,LT,UG(F&1). . .LF $ 1.17
201-4-11:3-24 FO Cable 24F,SM,LT,UG(F&I) LF $1:30 ' '•
201-4=113448 FO cable 48F,SM,LT,UG(F&I) ::•LF $.1,53
201-4-113-72 FO Cable 72 SM,LT; UG(FLU), : LF $1.83
201=4-113-96 FO Cable 96F,SM;LT,UG(F&I) LE.. $2.31
201-4-113-144 FO Cable 144F,SM,LT,UG(F&I) LF $3.03
201-4-114-12 FO Cable 12F, SM,LT, SJ,SA,DBP(F&I) LF $2.39
201-4-114-24 FO Cable 24F, SM,LT, SJ,SA,DBP(F&I)' ' LF $2-80
`F r
201-4-114-48 O.Cable 48F;SM;LT,SJ,SA,DBP(Fab' : LF $2.71
201-4-114-72 FO Cable 72F, SM,LT, SJ,SA,DBP(F&I) _ LF $3.02 •
201-4-114-96 FO Cable 96F, SM,LT, SJ,SA, DBP(F&1) LF $3.28
201-4-114144 FO Cable 144F,SM,LT,_SJ,SA,DBP(F&I) LF $3.91
201-4-115-12 FO Cable 12F, SM,LT, SJ,SA,DBT(F&1) _ LF $4.49
201-4-115-24• FO Cable 24F, SM,LT, Si,SA,DBT(F&i) . LF • $4:60 •
201-4-115-48 FO Cable 48F, SM,LT, SJ,SA,DBT(F&I) LF $411
201-4-115-72 FO Cable 72F,SM, LT, SJ,SA,DBT(F&I) LF $5.12
201-4-115-96 _FO Cable 96F SM,LT Si,SA,DBT(F&I) LF $5.38
Page 75 of 80
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FIBER OPTIC NETWORK EQUIPMENT.MATERIAL,SUFPLIFS,INSTALLATION.AND MAINTENANCE
RFP it P-I8-04-COC
201-4-115-144 FOCable 144F,SM,LT,SJ,SA,DBT E&ID LF $6.01
201-4-117-06 FO Cable 6F,SM, Drop Cable(F&1) _ LI $1.12 -- -
201-4-117-12 FO Cable 12F, SM, Drop Cable(F&1) LF $ 1.17
201-4-123-12 FO Cable 12F,MM, LT,UG(F&I) LF $ 2.65
201-4-123-24 FO Cable 24F, MM, LT,UG(1'&I)
LI $4.44
201-4-123-48 10 Cable 48F, MM, I:l', [IG(F&I) LP $7.57
201-4=123-72 FO Cable 72F,MM, LT,[JO(F&I) LF $10.79
201-4-123-96 FO Cable 961,MM, LT, UG(1&1) LI $ 14.28 _
201.4-123-144 10 Cable 144F,MM,LT,UG (F&I) LF $22.62
: Ftbcr Optic Cable'M 1St %:!'.::•::•_:.,"..-1.:',.' ';Pear .1if :Price.." ,
201-4_ :1. .:12...l )Cable 12F, SM,Riser(F&J) LF $1.69 r
201-4-115-24 1 FO Cable 24F, SM,Riser(F&I) LI $2.54
201-4-115-48 • FO Cable 48F,SM,Riser(F&I) LF $5.10 •
201-4-115-72 FO Cable 72F,SM,Riser(F&1) LF $7.19
201-4-115-96 10 Cable 96F, SM,Kiser(F&I) LF $10.17
201-4-115.144 FO Cable 144F,SM,Riser F&I LF $15.23
201-4-116-121O Cable 12F, SM,Plenum(F&I) LF $1.83 i
201-4-116-24 , FO Cable 24F, SM,Plenum(P&I) LF $3.14
201-4-116-48 10 Cable 481, SM,Plenum (1'&1) LI $6.64
201-4-116-72FO Cable 72, SM,Plenum(F&I) LF $10.16
201-4-116-96 1 FO Cable 96FF, SM,Plenum(F&i) LF $13.15
r
201-4-116-144 FO Cable 1441, SM,Plenuin(F&1) _ LF $19.17 f
201-4-125-12 FO Cable 121, MM, Riser(F&I) LF $2.82
201-4-125-24 FO Cable 24F,MM, Riser(F&I) LF $4.75
201-4-125-48 ' FO Cable 48F, MM,Riser(F&1) LF $ 10.20
201-4-125-72 _ FO Cable 72F, MM, Riser(F&1) _ _ LF $14.80 t
201-4-125-96 FO Cable 96F, MM, Riser(1&1) LI $ 19.79 _ F
201-4-125-144 FO Cable 144F,MM,Riser(F&1) LF $28.94 4
201-4-126-12 FO Cable 12F, MM, Plenum(F&J) LF $2.88 E
`201-4- 126-24 ' FO Cable 241,MM, Plenum (F&1) LF $5.42 1
201-4-126-48 I. FO Cable 48F, MM,Plenum (F&I) LI $12.37
201-4-126-72 1 FO Cable 72F, MM, Plenum(F&1) -_-� LF $18.36
201-4-126-96 I FO Cable 961,MM, Plenum(F&I) 1,1' $23.42
201-4.126-144 1 FO Cable 1441,MM, Plenum (F&9 LF $32.22 i
`. riljer.Optic Cable_-Preterm Drops . :::.:: .. .:Per Unit Price : • t
201 7 151 6PT 11O Cable GF,SM,Pretenu ST, 150'NV/HousingEACH $ 904.77 t
(1'Xcl) i I
201-7-151- FU Cable 12F, SM,Preterm ST, 150'W/Ilousing
EACH $ 1,176.02 _ i
12PT (F&1) t
FO Cable 61, SM,Preterm Si', 150' W/Coupler ,
201-7-152-6PT EAC,II $ 904.77
I (F&I)
r
201-7-152- FU Cable 121, SM,Preterm ST, 150'W/Coupler EACH $1,176.02
12PT i (F&1)
. .. ` .)Htbcr Optic Splicing'E'erminations LSI' '.•:.`Per :',ilia Price'..: i
_201-8-12A ' 10 Splice-Term. Cabinet, 121, Wall/Rack Q&1) EACH $1,164.05 i
201-R-12B F() Splice-Term. Cabinet, 12F,Wall/Rack (F only) [;AC[-[ $266.53 E
201-8-24A 10 Splice-Term. Cabinet,241E Wall/Rack(F&I) EACH $1,993.62
Page 76 of 80 t
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FIBER OPTIC NETWORK EQUIPMENT,MATERIAL.SUPPLIES,INSTALLATION,AND MAINTENANCE
RFP* P-1R1f4-COC
201-8-24BFO Slice-Term. Cabinet,24F WaIVRack(F only) EACH $307.14
_ 201-8-48A_ 1~0 Splice-Term. Cabinet,48F Wall/Rack(F&I) EACH $ 3,820.10
201-8-4813 FO Splice-Term. Cabinet,48F Wall/Rack(F only) EACH $307.14
201-8 72A FO Term. Housing,72F Wall/Rack(F&I) EACH $5,225.81
2014-72B FO'Fenn.Housing,72F Wall/Rack(F only) EACII $391.37
201-8-96A FO Term,I lousing,96F WallRack(F&1) EACH $6,837.20 _
201-R_96B� FO Term. Housing,96F Wall/Rack(F only) EACH $39'[.37
201-8-128A FO Splice Housing 48-144F(Fie) EACH $517.70
683-8-128B FO Splice Housing 48-144F(F only) EACH $392.70
201-8-172A FO Term. Housing,72F Wall/Rack (F&I) _ EACH $5,225.81
201-8-172B FO Term. Housing,72F Wall/Rack(F only) EACII $391.37
201-8-196A_ FO 1 er. Housing, 96F Wal1/Rack(F&1) EACH $6,837.20
201-8-19611 PO Ter. Housing,96F Wall/Rack(F only) EACH $391.37
•
•
•
•
i.
.::..:i
201-8-BF-06A FO Cable Prep,Fanout Kit,Buller 6F (F8c1) EACH $ 50.16
201-8-13F-O6B F()Cable Prep,Fanout Kit,Buffer 6F(F only) EACH $25.16
201-8-BF-12A FO Cable Prep,Fanout Kit,Buffer 12F(F&1) EACH $70.16
201-8-BF-12B 1"O Cable Prep,Fanout Kit,Buffer 12F(F only) EACH $25.16
FO Cable Prep,Fanout Kit,Spider 12F SM/MM
201-8-SF-I2A
201-8-SF-1213
201-8-912-
STA
201-8-912-
EACH $93.54
FO Cable Prep, Fanout Kit,Spider 1212 SM/MM EACH $33.54-
(F ons)
FO Connector,ST,MM, IJnicam (Ft 1) RACH $47.78
_- - - -
}
FO Connector, ST, MM, Unicam(F only) EACH $17.78
STB
201-8-913-
STA
201-8 913
S
FO C`.onne tor, ST, SM,Unlearn(F&I) EACH $50.32
FO Conne for ST SM,Unicam(F only) EACH $20.32
•1•B
201-8-913-
SCA
P'0 Connector, SC, SM.,Unicam(F&I) EACH $50.79
201S8-9- 13-- FO Connector, SC, SM,Unicam (F only) EACII $ 20.79
201-8-9-A FO Jumper,Duplex ST-ST, SM, 10'(F Only) EACH $51.48
201-8-9-8 FO Jumper,Duplex ST-SC,SM, 10'(F Only) ' EACH $47.12
201-8-9-D PU Jumper,J)uplcx ST-LC, SM, 10' (F Only) EACH $51.30 _
201-8-9-E FO Jumper,Duplex ST-FC, SM, 10'(F Only) EACH $51.57
•
201-8-9-F FO Jumper,Duplex SC-SC, SM, 10'(F Only) EACH $42.78
201-8-9-0 FO Jumper,Duplex SC-LC, SM, 10'(F Only) EACH $46.96
201-8-9-11 FO Juniper,Duplex Sl'-ST, MM, 10'(F Only) • EACH $47.68
201-8-9-J FU Juniper,Duplex SC-SC,MM, 10'(F Only) EACII $38.10
-
Fiber`Optic Splicing Teru nations OSP :.'..:,..:Pee,.: .. •Unit:Price;
. 201-8-12A FO Splice Closure 12F,Acrial/U(.i(l'&1) .. . • EACH $341.08.
201-8-1213 FO Splice Closure 12l',Aerial/UG(F only) EACH $ 191.08
. 201-8-24A F0 Splice Closure 24F,Aerial/UG(F&1) . . • EACH. $366.08 .
201-8-2413 FO Splice:Closure 24F,Aerial/UG(F only) EACH $191.08 - -
201-8-48A FO Splice Closure 48F,Aerial/U0(F&I) • -EACH $391.08 •
Page 77 oI 80
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FIBER OPTIC NETWORK EQUIPMENT,MATERIAL,SUPPLIES,INSTALLATION,AND MAINTENANCE '
RPP I' P-111114.(OC }
_ 201-8-48B FO Splice Closure 48F,Aerial/UG(1''only) I:AC:H $191,08_
201-8-72A FO Splice Closure 7217 Aerial/UG(F&I) EACH_$672.84 _ l
S,
201-8-72B FO Splice Closure 72F,Aerial/UG(F only) EACH_ $447.84 I
201-8-96A_ . FO Splice Closure 96F,Aerial/UG(F&I) EACH $697.84 i
201-8-9611 FO Splice Closure 96F,Aerial/UC;(F only) EACH $444.84
201-8-144A ` FO Splice Closure 144F, Acrial/UG T&1) _ EACH $1,381.15 t
207-8-144B FO Splice Closure 144F,Aerial/UG(F only) EACH $1031.15 t
2018-RE FO Closure Reentry Kit,:Cable Prep(F&1).: '• ` . ' F.ACH $154.94 •...-
::201-8-ST=12A Splice Tray,Fusion Heat Shrink,•12F,:12" (1'&I) EACH $44.14
_201-8-ST-12B Splice Tray,Fusion Heat Shrink! 1.2F 12" (F onjyj_EACII_$34.14 !.
201-8-ST:24A Splice Tray,Fusion Heat Sb,rinkt24F,I2".(144I) : EACH-I 72.34 • _�
201-8-ST-24B Splice Tray,Fusion Heat Shrink,24F, 12" (F only) EACH $62.34 t
Fusion Splice Heat Shrink.<.1db OSP includes : - - •1
::201..-8=A ••.. • . • . .. EACH. $: 30.00'
pigtail as needed.(Fc�::•` • ... .. - 1.
OTDR Test Any Wavelength Bare Fiber FOSC(I •
• 201-8-B - .•EAC1I $'7.00 T
- . only .
T
OSP.Colnstruction Aerial . `P _. ' .Unit lyric .J.
201-9-100 Woed Pale 45' utility(F&I) EACI I $978.30
•
201-9-2_00 PI•estressed C:oncrcte Pole 70' Utili' 1�&l EACH $11,750.00 •
201-10-1A Messenger Cable 1/4' (F&1) LF $ 1.37 i
;
201-10-20 Remove Messenger Cable 1/4"(I Only) LF $1.35 i
: 201-10-B Pole Attach Loose Tube W/J-!look Concrete EACH $ 158.50
201-10-C Pole Attach Loose Tube W/J-Hook Wood(F&I) TACH $102.50
201-10-D Place Pole Riser 2" ORS (F&I) LF $22.82
201-10 E Place Riser i J-Guard To 20�F&� _ _ _ LI:_ $16.65
_201-10-F - Place 2"Riser Sealing_pushin8 l-3 Hole(F&I) EACH $65.60
201-10-U Place 2"Riser Heat Shrink(F&I) EACH _$.63.00 _ •
. 201-10-600 I Down Guy, 1/4",6'Anchor(F&t) EACH , $286.00 i
. .. OSP`Construction-.:UC,: .. .:leer .. -Unit Priee..:`
201-11-100A I Cat SE Plenum UTP (ave, 150) (F&I) LF $1.25
201-11-100B Cat SE Plenum UTP _ LF 1 $.30
x 201-11-101A_ (av 1501(F only)_• Cat SE (avg_1591(1:&ID Lk $1.00
201-11-10113 1 Cat Sts PVC UTP(avg 150)(F only) 1.F $1.25
.-: Cunitn�uiicatign Cabinda...OSlh; '`.:.•!. i.:. Tier:.:; . �:U ut Prke... . •
i. 203-110-336 Kabinet, 35"x24"x22"W/Conc Base(F&I) _ EACI I $4,129.00
203-110-334 Cabinet,51.25"x20"x18"W/Conc Base(F&I) EACH $4,790.00 _
203-110-60 J Cabinet,37"x20"x 17"W/Cone Base(F&I) EACH_ $3,954.00 -
203-130-1 Nana,3R 19.7"x19.7"x7.9" (F&1) EACH $666.18
203-130-2 I Nema,3R 23.6"x23.6"x7.9" (F&I) EACH $687.99
t 203-110-6-1 .)Splice Housing Industrial Nema 3S(F&I) EACH $ 1,220.00
203-110-6-2 O Splice Housing Environmental(F&I) EACH $600•
203-110-6-3 . FO Splice Housing Cross Connect(F&I) EACH $ 3,200.00 - -
203-336-1 ' Device Cabinet Type 336 46"x 24"x 24"(F&1) EACH $5,120.00
203-332-2 Device Cabinet Type 312 66"x 24"x 30"(F&1) EACH $5,490.00
203-3365-3 Device Cabinet Tvpc 336S 48"x 24"x 24"(F&I) EACH $5,309.00
} Page 78 of 80 •
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FIBER OPTIC NETWORK EQUIPMENT,MATERIAL,SUPPLIES,INSTALLATION,ANI)MAINTENANCE
RFP# P-18-04-COC
t
203-335-4 ' Detector Cabinet Type VI 104"x 108"x 77"(F&I) EACH $9,123,00
'C�r up4 . •
< .. ...I0EiYi1x,lf'a1x Cabl(ifr•!S�r 0S71"{�
.. _, fel' r Oxtit K. f
633- 5-101A Cat 6 Plenum Enhanced av: 150 F&I LF $
633-1 • 101B Cat 6 Plenum Enhanced(avg 15)t only) .. . LF
633-15-1 ` A Cat 6 PVC Enhanced(avg 150)(F&I) LFPr 1
_ 633-15-10 t Cat 6 PVC Enhanced(avg 150 F onl LF s
633-I5-100 Cat SE 25 Pair PVC Plenum(F&..&D____ LF ,r$ ;
633-15-101 ) :t 5E 25 Pair PVC Riser F&1 LF4 $ '
633-15-102 ) . 5E 25 Pair PE 89 OSP(F&1) $ 1.
633-15-110 Face 'late 1 Gang Surface or Flush(F&I) _ !.ACII $ .
633-15-111 Face P -2 Gang Surface or Flush(F&I) EACH $
633-15-120 Cat 6 Jac • RJ45 568A/B 1 Port Data SF&I. EACH $ 1
_633-15-121 Cat 6 Jacks ' 45 568AiB 2 Pols Data/Voice '. EACH $ i
633-15-130 Cat 6 Patch P.'el Wall Mount 24 PortF&[ EACH $ _ R
633-15-131 Cat 6 Patch Pan Rack Mount 48 Port(F•' ) EACH $ i 1,
633-15-132 Cat 6 Patch Pancl ` : k Mount 96 Port &I) EACH $
633-15-140 Wire Management P•• •el 19"x1.75" '&) EACH $
633-15-141 _Wire Management Pan« I9"x5.25' (F&I) EACH $ a
633-15-100-1 Cat 61'atch Cords R.145 1- St ., •:rcl/F ,i EACH $ 1
633-15-110-1 Cat 5E Punch Block 110 25 '•it(&I) EACH $ 1
_
633-15-111-1 Cat 5L Punch Block 66 25 :a. •&I) . -
633-15-100-2 Cat 6 CU Drop Ccrtifica '•n Test &D EACH
$ l
EACH $ 4
• 633-15-hdw-br Cable Support Brack ,Bridle Rin:•(F&I) UNIT $
633-15-hdw-s• Cable Racewa ,S ace Mount Per U . F&1 DROP $
633-15-12 Conduit,EMT 2" ' /All Fittings(1=&1) LF $
633-15-13 Conduit,EMT 'Ire Sleeve 2"(P&p EACH $ t
633-15-14 Conduit, F Fire Sleeve 4" &I EACH $
633-15-ST-12 Cable Tra 12"Ladder Alum Black(F&I) LF $
633 ST- Cable ray, 12",Misc. Hardware(F&I) LF $ • 1
hdlw1 i
633-15-ST-12- E1. Rack Wall Mt Hinged 19"x36"(F&1)(Bldg l; II $ '
r )
G33-15-5I'-12- , II 1
EIA Rack Free Standing 19"x84"(F&I) EACH $ '
2
633-15-S'1' 2- Cable Management Kit Horizontal(P&1) EACH $
3
J
1 633-1 -ST-12- Cable Management Kit Vertical(F&1) EACH $
4
6 -15_ST-12- FETA Cabinets 19"x84"x30" Complete(F&I) EACH $
•
L $ L _.
• F& I--•Furnish and Install
• F only•- Furnish Only
• 1 only—Install Only
' Page 19 of 80
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