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Agenda 11/10/2020 Item #16C 2 (Contract #19-4653RR - Maxim Crane Works, LP - Crane Rental Services)16.C.2 11/10/2020 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 19-7653RR, "Crane Rental Services," to Maxim Crane Works, L.P., and authorize the Chairman to sign the attached Agreement. OBJECTIVE: To provide county -wide crane rental services on an "as needed" basis to assist with maintaining the integrity and continuous operation of equipment located at various locations throughout the County. CONSIDERATIONS: The County is responsible for maintaining its equipment at various County owned and leased buildings including but not limited to: HVAC units, well pumps, etc. Oftentimes such equipment may be located on roof tops, within a wellsite or a lift station and require a crane to lift the equipment for repair, removal, delivery, or installation. There have been three separate attempts to solicit bidders for Crane Rental Services. The first solicitation occurred on October 29, 2019. The Procurement Services Division issued ITB No. 19-7653 and send it to two thousand four hundred and fifty-one (2,451) vendors. Thirty -Four (34) vendors downloaded bid packages and the County received one bid by the December 18, 2019 deadline. Staff reviewed the bidder's documents and found the bidder non -responsive for failure to provide E- Verify documentation. Because there was only one bidder, staff determined it was in the County's best interest to cancel and re -solicit to obtain greater competition. The second solicitation occurred on December 20, 2019. Procurement staff issued ITB No. 19-7653R and sent it to three thousand three hundred and forty (3,340) vendors, twenty-seven (27) interested vendors downloaded the bid package but the County did not receive any bids by the January 30, 2020 deadline. Staff cancelled that solicitation and conducted research to determine why bids weren't being received. Some of the responses from the vendors contacted included comments such as that they were not doing work in Collier County, that they missed the deadline to submit the bid, and a general no response. On February 20, 2020, Procurement staff released ITB No. 19-7653RR to three thousand three hundred and seventy-five (3,375) vendors for the "Crane Rental Services" project. Interested bidders viewed twenty-four (24) bid packages, and the County received one bid by the March 31, 2020 deadline. Staff found Maxim Crane Works, L.P., to be responsive and responsible. The prices were reviewed and deemed reasonable compared to the bid received on the first solicitation attempt (Palm Beach Trucking, d/b/a Merchant Transport) referenced above. Respondents: Company Name City County State Bid Amount Responsive/ Responsible Maxim Crane Works, L.P. Pompano Beach Broward FL $37,078.80 Yes/Yes FISCAL IMPACT: Agency -wide annual expenditures are estimated to approximate $150,000 but will be dependent on the services needed by each Department/Division. For the Public Utilities Department, expenditures are primarily anticipated in County Water/Sewer Operating Fund (408) where funding is available in and consistent with the FY2021 budget as approved by the Board of County Commissioners on September 17, 2020. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT Packet Pg. 1422 16.C.2 11/10/2020 GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. RECOMMENDATION: That the Board awards Invitation to Bid No. 19-7653RR, "Crane Rental Services," to Maxim Crane Works, L.P., and authorizes the Chairman to sign the attached Agreement. Prepared By: Donna Deeter, Contract Administration Specialist - PUD, Public Utilities Operations Joseph Bellone, Director, Public Utilities Financial & Operational Support ATTACHMENT(S) 1. 19-7653RR Solicitation (PDF) 2. 19-7653RR Bid Tab (PDF) 3. 19-7653RR NORA (PDF) 4. 19-7653RR Maxim Proposal (PDF) 5. 19-7653RR MaximCrane VendorSigned (PDF) 6. 19-7653RR MaximCrane_Insurance 9-28-20 (PDF) Packet Pg. 1423 16.C.2 11/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doe ID: 13797 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 19-7653RR, "Crane Rental Services," to Maxim Crane Works, L.P., and authorize the Chairman to sign the attached Agreement. Meeting Date: 11/10/2020 Prepared by: Title: — Public Utilities Department Name: Drew Cody 10/05/2020 12:37 PM Submitted by: Title: Division Director - Operations Support — Public Utilities Operations Support Name: Joseph Bellone 10/05/2020 12:37 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Public Utilities Operations Support Donna Deeter Additional Reviewer Procurement Services Barbara Lance Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Procurement Services Evelyn Colon Additional Reviewer Public Utilities Department Dan Rodriguez Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Ed Finn Additional Reviewer County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 10/05/2020 12:48 PM Completed 10/05/2020 1:12 PM Completed 10/05/2020 1:50 PM Completed 10/05/2020 3:00 PM Completed 10/06/2020 8:00 AM Completed 10/07/2020 5:51 PM Completed 10/13/2020 1:51 PM Completed 10/13/2020 2:10 PM Completed 10/14/2020 4:39 PM Completed 10/16/2020 9:53 AM Completed 10/16/2020 10:04 AM Completed 10/16/2020 11:29 AM Completed 10/16/2020 11:44 AM Completed 11/01/2020 8:03 AM 11/10/2020 9:00 AM Packet Pg. 1424 16.C.2.a Collier CoHnty Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR CRANE RENTAL SERVICES SOLICITATION NO.: 19-7653 BARBARA LANCE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant maybe grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 1425 16.C.2.a SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 19-7653 PROJECT TITLE: Crane Rental Services PRE- BID MEETING: DATE & TIME LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: DATE & TIME PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: hLtps://www.bidsypc.com/bidsyLic-cas/ INTRODUCTION As requested by the Public Utilities Division (hereinafter, the "Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $150,000; however, this may not be indicative of future buying patterns. BACKGROUND The County is responsible for maintaining equipment to various County owned and leased buildings throughout Collier County, including, but not limited to, HVAC units, well pumps, etc. This equipment may be located on roof tops or within a wellsite or lift station and requires a crane to lift the equipment for repair, removal, and/or delivery for installation. In order to maintain the integrity and continuous operation of this equipment, the County is seeking proposals for crane rental services, including, but not limited to, machine and operator. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewal options Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. m U d Cn c m m c �L♦ V ti m ti M c 0 0 Cn M LO co ti CD c m E s Q 2 Packet Pg. 1426 16.C.2.a AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: • Lowest Total Price Per Crane Tonnage Category ➢ Collier County reserves the right to select one, or more than one supplier, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Award Primary, Secondary, and Tertiary ➢ The County reserves the right to issue a formal contract, standard County Purchase Order, or utilize the County Purchasing Card for the award of this solicitation. DETAILED SCOPE OF WORK Collier County Public Utilities Division intent of these specifications is to establish the minimum requirements for Crane Rental Services on Cn an "as needed" basis. The County may determine the crane size or request the vendor to assist in determining the crane size for the -i; project, capacity, and length of rental on a "project by project" basis. m Specifications m The contractor shall provide cranes, booms, operator, and all necessary rigging, chokers, and personnel. The equipment services are an "as- m- needed" basis. The contractor shall provide proof of valid Crane Operator certification for each crane operator upon request by the Division 0 Representative, if required, for the work site where crane services are being performed. ti m ti 1. Service Periods Crane with Operator service periods under this agreement are defined as follows: 0 I.I. Half (1/2) day = 4 work hours 1.2. Full day = 8 work hours 'n 1.3. One (1) Week = 40 work hours (based on eight (8) hour day) c 1.4. One (1) Month = 160 work hours (based on an eight (8) hour day, Monday thru Friday, 40 hours per week, and 160 per - Cn month) M LO 2. Rate Hours ti CD 2.1. The rate hours for hydraulic truck cranes with operator for 40-ton, 50-ton, 60-ton, and 70-ton includes the crane, operator, j.; rigging accessories, overhead, fuel, maintenance, insurance, erection / dismantle, and Portal to Portal (defined as: actual time m billed from contractor's location to the work site and leaving the work site back to the contractor's location). These hours z are Monday through Friday from 7:00 a.m. to 5:00 p.m. not to exceed eight (8) hours per day and paid at the bid rate hours. 0 Q 2.2. The rate hours for 100-ton crane with Operator and Counter Weight Truck and includes crane, operator, counter weight truck, overhead, delivery, fuel, maintenance, insurance, and erection/dismantle. These hours are Monday through Friday from 7:00 a.m. to 5:00 p.m. not to exceed eight (8) hours per day and paid at the bid rate hours. 2.3. Overtime rate is defined as working hours that exceed eight (8) hours per day, Monday through Friday, as outlined in 2.1 and 2.2 above; or working hours Monday through Friday from 5:01 p.m. to 6:59 a.m.; or Saturdays. These hours are paid at one and one-half times the bid rate hours. 2.4. Double time is defined as working hours on Sundays and County Observed Holidays (24 hours). These hours are paid at twice the bid rate hours. 3. Fuel Surcharge or Regulatorypliance Fee, if applicable The bid schedule provides for the Contractor to input a Fuel Surcharge or Regulatory Compliance Fee percentage. If there is a percentage surcharge or compliance fee, it shall be a percentage of the total invoice (i.e. 8 service hours @ $180.00 rate = $1,440 x .07 (7%) = $1,540.80 — Invoice Total) Packet Pg. 1427 16.C.2.a 4. Response time 4.1. Non -Urgent Response Time: The vendor shall respond by email or phone within twenty-four (24) hours from the Division Representative work request. The work shall commence upon the issuance of a purchase order an agreed work schedule. 4.2. Urgent Response Time: The vendor shall respond by email or phone within two (2) hours from the Division Representative for urgent response time work requests. The work shall commence at the jobsite within six (6) hours from the vendor's responded phone call or email and the issuance of a purchase order. The vendor must have employees readily available within 150 miles of Collier County. 5. Orders County Divisions shall issue individual orders for crane services that are needed throughout the contract term. Orders for services shall be placed via email. Each order request will include the Division name, Division representative with contact information, crane tonnage, service hours, and work site location. No work shall commence unless a purchase order and order has been issued to the vendor by the Division through an email. 6. Certification The vendor shall provide valid Crane Operator certification upon request by the Division Representative if it is a requirement for the work site (i.e. working at airports). 7. Federal Aviation Administration (FAA) Notification and Permit (if applicable) d The Federal Aviation Administration (FAA) requires a permit on construction cranes any time that they will exceed a 100:1 sloped co surface from the nearest point of the nearest runway out to 20,000 feet or 200 feet AGL (above ground level) beyond. The FAA requires a permit for ANY crane work within a 3-mile radius of any airport. The permit process may take four (4) weeks and up to � six (6) weeks to process. The vendor is responsible for FAA notifications and permits if required at work sites that is in accordance m with FAA, Title 14 of the Code of Federal Regulations (14 CFR Part 77.9). The FAA requires that Form 7460-1 be submitted at C least 45 days before the date the proposed construction is to begin, or the date an application for a construction permit is to be filed. V 8. General Requirements M Vendor shall furnish all necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required. M Crane preventative maintenance, repairs, replacements is the Crane Company's responsibility. v c 0 8.1. EEquipment The vendor shall maintain adequate inventory to provide a prompt response for order requests. 8.1.1. If requested equipment is unavailable, the vendor shall notify the Division Representative immediately. The vendor shall 0 v) provide an estimated time when the equipment is available. 8.1.2. The County reserves the right to use the secondary vendor if the primary vendor does not have the equipment available. M 8.1.3. The County reserves the right to use the tertiary vendor if the secondary vendor does not have the equipment available. W 8.1.4. If the equipment is not available from any of the vendors, then the Division has the authority to request quotes off contract C6 following the County's Purchasing Ordinance. 8.2. Records and Documentation c m E The Vendor(s) is responsible to maintain and update records for each type of equipment serviced. The documentation will include, and not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. Q 8.3. Safety Requirements High -visibility clothing or vests with retro-reflectorized striping must always be worn by all employees working within Collier County Rights -of Way (See exception in # 5 below). This includes personnel that may visit the "work zone" temporarily, such as management and/or vendors. ANSI/ISEA 107-2004 or the most current edition, Class 2 or Class 3 garments are required for daytime use. 8.3.1. NSI/ISEA Class 2 or 3 Vests, T-shirts or similarly labeled garments depending on time of day. 8.3.2. A Class 3 garment is mandatory for use by flagging personnel during any hours of darkness, including during inclement weather situations, where conditions may create hours of darkness during normal daylight conditions. 8.3.3. Exception: When other industry apparel safety standards require workers to wear apparel that is inconsistent with Federal, State or county requirements such as NFPA, OSHA, ANSI, etc., the other standards may prevail. However, apparel must still meet high visibility color requirements of fluorescent lime -green or fluorescent orange only and must be maintained in good condition and replaced as necessary. 4 Packet Pg. 1428 16.C.2.a 8.3.4. Work Zone Safety It is the Vendor's responsibility for safety in the work zone. Vendor shall provide work zone signage, cones, barricades or barrels, arrow panels, flagging personnel and Stop/Slow Paddles, where necessary, as required by law or the Board of County Commissioners (BCC). 8.4. OSHA & Manufacturer's Safety Requirements The vendor shall run operations in strict accordance with OSHA regulations and the manufacturer's safety requirements. 8.5. Damages Carelessness by the vendor resulting in damage to turf, curbs, sidewalks, pavement or structures, mailboxes, appurtenances, etc. shall be repaired or replaced by the vendor to the satisfaction of the Division Representative at no additional cost to the County, and damages shall be repaired or replaced within seventy-two (72) hours. 8.6. Performance Standards The vendor shall perform to the standards in this solicitation and subsequent contract documents. The vendor agrees to warrant their work and professionally perform services. If vendor fails to perform in accordance to the Scope of Work/Specifications, including subsequent contract documents, the Division has the sole discretion to deem such failure as sufficient cause for N default which may result in contract termination. 8.7. Failure to Perform Vendor refuses to begin work, improperly perform work, unnecessarily delays work, neglects or refuses to correct work that Cn was rejected or is defective, the Division Representative may notify the Vendor to repair and replace work immediately, and j p Y Y p p Y c if the Vendor refuses to correct the work, the Division may request that all work discontinue under this Contract. 8.8. Materials Markup Percentage m The Vendor's markup percentage for non -bid line items is ten percent (10%). Percentage amount is not factored into the 0 award. Reimbursement for non -bid line items purchases shall require the vendor to submit receipts showing the cost of goods ti to verify markup cost; there is no markup for shipping charges. Failure to provide backup receipts may result in invoice red ection. M 8.9. Invoicing 0 0 Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. The Division will approve payment for completed work that is accepted as satisfactory by the Division; invoices will be rejected for incomplete work or defective materials. p Cn 8.9.1. Non -bid line item purchases having a ten percent (10%) markup percentage and receipt submission is required for W percentage markup verification. M W ti 8.9.2. Invoice rejection will occur if invoices are not accurate and/or have missing backup documentation. CD 8.9.3. At a minimum, invoices shall include the following: ❑ Division Name E ❑ Contract Number ❑ Purchase Order Number Q ❑ Work Order Number (if applicable) ❑ Serviced Line Items ❑ Work Site Location ❑ Non -Bid Line Items, the vendor's cost for each item with receipt attached, and the bid percentage markup. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Form 2: Vendor Check List):Updated The Solicitation Submittal has been signed. The Solicitation Pricing Document (Bid Schedule/Quote Schedule/Proposal Pricing/etc.) has been completed and attached. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Packet Pg. 1429 16.C.2.a Any addenda have been signed and included. Affidavit for Claiming Status as a Local Business, if applicable. Division of Corporations - Florida Department of State — http:Hdos.myflorida.com/sunbiz/ (If work performed in the State). E-Verify/Immigration Affidavit (Memorandum of Understanding). Addendum(s) The County requires that the vendor submits no fewer than three (3) completed reference forms from clients (during which period of time, eg. 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using the Reference Form provided. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant work. Packet Pg. 1430 PM: Donna Deeter PS: Barbara Lance Invitation to Bid No. 19-7653RR Crane Rental Services with Operator Notices Se 16.C.2.b Bid Pkgs Viewed: 24 Submittals: 1 Note: Refer to the RFQ Detailed Scope of Work Specifications in item 2.0 "Rate Hours," to review 1. 40 Ton Hydraulic Truck Crane M/Operator Maxim Crane Works Item No. Description Rate Hours / Percenta e 1.1 Half day = 4 hours $ 580.00 1.2 Full day = 8 hours $ 1,160.00 1.3 Weekly = 40 hours $ 5,800.00 1.4 Monthly = 160 hours $ 23,200.00 1.5 Rate Hour Subtotals $ 30,740.00 1.6 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 6% 1.7 Rate Hour Subtotals X Percentage $ 1,844.40 1.8 40 Ton Crane Total $ 32,584.40 2. 50 Ton Hydraulic Truck Crane M/Operator Item No. Description Rate Hours / Percenta e 2.1 Half day = 4 hours $ 620.00 2.2 Full day = 8 hours $ 1,240.00 2.3 Weekly = 40 hours $ 6,200.00 2.4 Monthly = 160 hours $ 24,800.00 2.5 Rate Hour Subtotals $ 32,860.00 2.6 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 6% 2.7 Rate Hour Subtotals X Percentage $ 1,971.60 2.8 50 Ton Crane Total $ 34,831.60 3. 60 Ton Hydraulic Truck Crane w/Operator Item No. Description Rate Hours / Percenta e 3.1 Half day = 4 hours $ 660.00 3.2 Full day = 8 hours $ 1,320.00 3.3 Weekly = 40 hours $ 6,600.00 3.4 Monthly = 160 hours $ 26,400.00 3.5 Rate Hour Subtotals $ 34,980.00 3.6 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 6% 3.7 Rate Hour Subtotals X Percentage $ 2,098.80 3.8 60 Ton Crane Total $ 37,078.80 Packet Pg. 1431 PM: Donna Deeter Notices Se 16.C.2.b PS: Barbara Lance 4. 70 Ton Hydraulic Truck Crane w/Operator Bid Pkgs Viewed: 24 Item No. Description Rate Hours / Percenta e 4.1 Half day = 4 hours $ 820.00 4.2 Full day = 8 hours $ 1,640.00 4.3 Weekly = 40 hours $ 8,200.00 4.4 Monthly = 160 hours $ 32,800.00 4.5 Rate Hour Subtotals $ 43,460.00 4.6 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 6% 4.7 Rate Hour Subtotals X Percentage $ 2,607.60 4.8 70 Ton Crane Total $ 46,067.60 5. 100 Ton Crane w/Operator & Counter Weight Truck Item No. Description Rate Hours / Percenta e 5.1 Half day = 4 hours $ 1,000.00 5.2 Full day = 8 hours $ 2,000.00 5.3 Weekly = 40 hours $ 10,000.00 5.4 Monthly = 160 hours $ 40,000.00 5.5 Counter Weight Truck / Freight In $ 1,000.00 5.6 Counter Weight Truck / Freight Out $ 1,000.00 5.7 Rate Hour Subtotals $ 55,000.00 5.8 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 6% 5.9 Rate Hour Subtotals X Percentage $ 3,300.00 5.10 100 Ton Crane & Counter Weight Truck Total $ 58,300.00 Allowable Markup Percentages Item Description Each No. 6 Materials 10% Please complete and include all applicable documents. Yes/No Form 2: Vendor Check List Yes Form 3: Conflict of Interest Affidavit Yes Form 4: Vendor Declaration Statement Yes Form 5: Immigration Affidavit Certification Yes Form 6: Vendor Substitute W — 9 Yes Insurance Requirements Yes E-Verify Yes SunBiz iYes References IYes Opened By: Barbara Lance Date: 3/31/20 Witnessed By: Jim Flanagan Date: 3/31/20 Submittals: 1 Packet Pg. 1432 DocuSign Envelope ID: F7E2FB66-BB8A-4573-B34D-041B7AFDA333 � 16.C.2.c 001L7eY County Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation:19-7653RR Title: Crane Rental Services Due Date and Time: 03/31/2020; 3:00 PM Respondents: Company Name City County State Bid Amount Responsive/Responsible Maxim Crane Works, L.P. Pompano Beach Broward FL $37,078.80 Yes/Yes Utilized Local Vendor Preference: Yes = No - Recommended Vendor(s) ForAward: There have been three (3) separate attempts to elicit bidders for Crane Rental Services. The first attempt was on October29th, 2019, the Procurement Services Division issued ITB Solicitation 19-7653 to Two Thousand Four Hundred and Fifty -One (2,451) vendors. Thirty -Four (34) Vendors downloaded bid packages and on December 18th, 2018, the County received One (1) bid. Staff reviewed the bidder's documents, and determined that Palm Beach Trucking, dba Merchant Transport, is deemed non -responsivefor failure to provide E-Verify documentation. Beingthe only bidder, it was in the County's best interestto cancel and re -solicit. The second attempt, on December20, 2019, the Procurement Services Division issued ITB Solicitation 19-7653 to Three Thousand Three Hundred and Forty (3,340) vendors. Twenty -Seven (27) Vendors downloaded bid packages and on January 30, 2020 the County received Zero (0) bids. Staff determined it was in the County's best interest to cancel and re -solicit at a later time. Research was conducted to determine why bids weren't being received and the consensus of the vendor's responses ranged from not doingwork in Collier County, missed the deadline to submit bid, or no response. The third attempt, on February20, 2020, the Procurement Services Division released Invitation to Bid 19- 7653RR to three thousand three hundred and seventy-five (3,375) vendors forthe "Crane Rental Services" project. Twenty-four(24) bid packages were viewed, and one (1) Submittals was received by the March 31, 2020 deadline. Staff found Maxim Crane Works, L.P. to be responsive and responsible. The prices were reviewed and deemed responsible compared to bid received on the first attempt (Palm Beach Trucking, dba Merchant Transport). Staff recommends awarding this Invitation to Bid "ITB" to Maxim Crane Works, L.P. ired Sienatures Project Manager: Donna Deeter I Ileln,AA Ut,ttV :)/lL+/LVLV ""'"""'"""""'"" ""� DocuSigned by: Procurement Strategist: Barbara Lance I L^Awt ,a, 5/14/2020 Procurement Services Director: DocuSigned by: H Sandra H MC8279B554F5... 14490C19A3D448F... 5/14/2020 Date Packet Pg. 1433 Collier County PM: Donna Deeter PS: Barbara Lance invitation to Bid No. 19-7653RR Crane Rental Services with Operator Note: Refer to the RFQ Detailed Scope of Work Specifications in item 2.0 "Rate Hours," to review items included, overtime rates, and double time rates. 2. 50 Ton Hydraulic Truck Crane w/Operator 16.C.2.d Solicitation 1 Item No. 2.1 Description Half day = 4 hours Rate Hours / Percentage ® . 00 2.2 Full day = 8 hours $ lag 3100 2.3 Weekly = 40 hours $ 2.4 Monthly= 160 hours $ 'CID 2.5 Rate Hour Subtotals $ �o 2.6 Fuel Surcharge OR Regulatory Compliance Fee (percentage of r ° invoice), if applicable 1UaIa 2.7 Rate Hour Subtotals X Percentage $ a 2.8 50 Ton Crane Total $ 3l+ V . 2/20/2020 7:18 AM h, 9 Packet Pg. 1434 Collier County 16.C.2.d Solicitation 1 PM: Donna Deeter PS: Barbara Lance 2/20/2020 7:18 AM 4. 70 Ton Hvdraulic Truck Crane w/Operator Item No. Description Rate Hours 1 Percentage 4.1 Half day = 4 hours $ , 4.2 Full day = 8 hours $ •� °� . �a 4.3 Weekly = 40 hours $ p� QS• 4.4 Monthly = 160 hours $ 3a. WAD 4.5 Rate Hour Subtotals $ 4600 4.6 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 0, o 47 Rate Hour Subtotals X Percentage $ a60T 63 4,g 70 Ton Crane Total $ 061 , b 5. 100 Ton Crane w/Operator & Counter Weight Truck Item No. Description Rate Hours / Percentage 5.1 Half day = 4 hours $ 000.00 5.2 Full day = 8 hours $ OO ®. LO 5.3 Weekly = 40 hours $ ROOD, 5.4 Monthly = 160 hours $ 5.5 Counter Weight Truck / Freight In $ 00 5.6 Counter Weight Truck / Freight Out $ 10DO, OD 5.7 Rate Hour Subtotals $ ODD, 00 5.8 Fuel Surcharge OR Regulatory Compliance Fee (percentage of p � iy ' b f invoice), if applicable 5.9 Rate Hour Subtotals X Percentage $ 3340 , 5.10 100 Ton Crane & Counter Weight Truck Total $ 6-8 3azo Item No. Materials Allowable Markup Percenta es Description Each 10% p, 10 Packet Pg. 1435 Collier County corwr cOUnty Aarnr*trat m services OeP8MT een NfCti,remenl Serv¢e5 Omsen Form 2: Vendor Check List Updated: October 24t1' 2019 16.C.2.d Solicitation 1 IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and submit with your Proposal through Bidsync. Vendor should check off each of the following items as the necessary action is completed: [� The Solicitation Submittal has been signed. [� The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached. [� All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. ❑ Affidavit for Claiming Status as a Local Business, if applicable. Collier or Lee County Business Tax Receipt MUST be included. ❑ Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunb iz/. ❑ Proof of F-Verify (Memorandum of Understanding or Company Profile page) and Immigration Affidavit MUST be included - https://www.e-verify.gov - ❑ Grant Provisions and Assurances package in its entirety, if applicable. ❑ Reference Questionnaires MUST be included or you may be deemed non -responsive. ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: 11�41r*-W L �6eA /C` Address: lad 7a City, State, Zip: Telephone: Email: / %-9.r�•L' v!�%�Xi�fGGl.�=r�.CJ• !�'l Representative Signature: a / Representative Name: / `✓t�f+� O ��'�"'%� Date p, 14 2/20/2020 7:18 AM Packet Pg. 1436 Collier County Coder Cot4`tky Aarnmi5tmWe5erviu;sDeparteni I':-_c-.�ernenl SeNice5 Dwsr-N Form 3: Conflict of Interest Affidavit 16.C.2.d solicitation The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules --The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: ///�/•'17 ��G�,ifW r Signature and Date: Print Name: Title of Signatory: 2/20/2020 7:18 AM P 1 Packet Pg. 1437 Collier County corw c014ncy Administra" Ser: ices Dep&"Ont rcl,.ran�N .`'er.�res_n;sr.,. Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: 16.C.2.d Solicitation 1 The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that is a result of this awarded contract. WITNESS WHEREOF, WE have hereunto subscribed our names on thisG� day of ,'V _, 20Zain the County of in the State of /A�%1.44 Firm's Legal Name: /yJ amlt. Address: a0 20 , � Yj 7AI City, State, Zip Code: � .� ' 74C,11 Florida Certificate of Authority Document Number /�� Federal Tax Identification 0;2, 7l7j Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Signature by: (Typed and written) Title: Q ia_ i6 2/20/2020 7:18 AM Packet Pg. 1438 Collier County Additional Contact Information 16.C.2.d SoIICitatio11 1 Send payments to: (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Company name used as payee Q 2/20/2020 7:18 AM p. 17 Packet Pg. 1439 Collier County corwr CO&Mty Admini&abw Serybes gent PFoawemenl Ser.iw, ljt,ay. Form 5: Immigration Affidavit Certification 16.C.2.d Solicitation 1 This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify proSram may deem the Vendor's proposal as non -responsive https://www.e-verify_gov/. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Print Namert%t/,L' / �(1i�(/%' Title Signature Date 2120/2020 7:18 AM Packet Pg. 1440 Collier County Coder County twknmmtra" Scr iws Dep.'Mient Form 6: Vendor Substitute W - 9 Request for Taxpayer Identification Number and Certification 16.C.2.d Solicitation 1 In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name / / �Cv C-c4-"wpo OIV (as shown on income tax return) Business Name (if different from taxpayer name) Address A70'S/4O S%�* C`EN027 CrtY 4 State /�X Zip .33� Telephone y/yf1'04' 7 lanai] !%7yC�c%•�••/7� {i�1GLfi�ca:-Lt/3i (Must be filled out) Information (Must be filled out) Address d% AIW arA' GGc.�7 Address 4ae da 7`/3 - y.3O' x ew7av �g.aTc 7 State Zip ?-L73 CityCtMState zip-4p 4.7 2- Email %�/7d�•hs177 L�ir��af"'C''�b✓1 2. ,individual / Sole Proprietor Corpor Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Email !!I /'.'C&ra'0%-WC- Cal Limited Liability Enter the tax classification m j r),, . _.-,lid Fntiry r = C.'ornoration. P 3, Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) endors who do not have a TIN, will be 4. Sign and Date Form: Certification: Under penalties ofp�ury, I certif/y��he Sienatur ass _ uired to provide a social security number prior to an ation shown oil this forM is correct to my knowlea e. Date r� Phone Number Q 2/20/2020 7:1 S AM Packet Pg. 1441 16.C.2.d Collier County Solicitation 1 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at hUps:Happs.fldfs.com/bocexempt/ 2. ® Employer's Liability $_1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ 1,000,000�single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage. OwnedlNon-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 2/20/2020 7:18 AM Packet Pg. 1442 Collier County 16.C.2.d Solicitation 1 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that lie is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and ail work performed on behalf of Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. W. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 10/3/19 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name i G(,Ge. Ci Date y-01- d0ZC7 Telephone Number Q p. 12 2/20/2020 7:18 AM Packet Pg. 1443 Collier County 16.C.2.d Solicftatiml 1 Gorier County Acirnmstratvo 5oroom t)epar n Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Tel Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Project Number of Days: la z2 2/20/2020 7:18 AM Packet Pg. 1444 16.C.2.d Collier County Solicitation 1 GENERAL BID INSTRUCTIONS I. PURPOSE/OBJECTIVE As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor". All bids must be submitted on the Bid forms furnished by the County noted in Attachments of this ITB. Bids may not be considered unless Bid forms are properly executed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non -responsive. 2. PRICING Vendors must provide rn ices using the unit of measure specified by the County. All prices will remain firm l'or a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined. 3. ALTERNATE BID PRICING In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed may be considered technically non -responsive and will not be considered for award. 4. EQUAL PRODUCT Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, or unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, the vendor must contact the Procurement Services Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 5. DISCOUNT Any discounts or terms must be shown on the Bid form. Such discounts, 1f any, may be considered in the award of tic bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. ADDENDA The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original bid specifications Prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: httus•//www.bidsyne.com/bidsync-casf. Before submitting a bid response, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. p. 23 2/20/2020 7:18 AM Packet Pg. 1445 Collier County 16.C.2.d Solicitation t 7. BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ 8. QUESTIONS if the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: htti)s://www.bidsync.com/bidsvnc-cas/. Questions will not be answered after the date and time noted. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 9. PROTESTS Any prospective vendor/bidder who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Services Division prior to the time of the bid opening strictly in accordance with the County's then current Procurement Ordinance and policies. 10. IMMIGRATION AFFIDAVIT CERTIFICATION 10.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 'I'Ise Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States, it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (ITB) including professional services and construction services. (1) Exceptions to the program: (a) Commodity based procurement where no services are provided. (b) Where the requirement for the affidavit is waived by the Board of County Commissioners. 10.2 Vendors / Bidders are required to enroll in the E"-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verifyevidence and the executed affidavit the bidder's 1 vendor's proposal may be deemed non -responsive. 10.3 Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. 10.4 For additional information regarding the Employment Eligibility Verification System (13-Verify) program visit the following website: httl2://www.dhs.Aov/E- Verif, It slial I be the vendor's responsibility to familiarize themselves with ail rules and regulations governing this program. 10.5 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. t324, et sect. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. p. 24 2/20/2020 7:18 AM Packet Pg. 1446 Collier County Solicitation 1 16.C.2.d 11. LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017.08. 12. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA STATUTE 607,1501) in order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607, t501 and provide a certificate of authority (www.stinbiz.org/search.litinl) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 13. GENERAL INFORMATION When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the Procurement Services Director before at least three witnesses. 14. BID AWARD PROCESS Award shall be made in a manner consistent with the County's Procurement Ordinance. Award recommendations will be posted on the Collier County Procurement Services Division website. 15. RESERVED RIGHTS Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 16. INSURANCE AND BONDING REQUIREMENTS 16.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 16.2 The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 16.3 Collier County shall be responsible ror purchasing and maintaining, its own liability insurance. p. 25 212012020 7:18 AM Packet Pg. 1447 Collier County 16.C.2.d Solicitation 1 16A Certificates issued as a result of the award ol'this solicitation must identify "For any and all work performed on behalf of Collier County." 16.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 16.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 16.7 The amounts and types of insurance coverage shall conform to the minimum requirements set firth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. 16.8 Coverage(s) shall be maintained without interruption Irom the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 16.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 16.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 16.11 If the initial or any subsequently issued Certificate of insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 17. ADDITIONAL ITEMS AND/OR SERVICES Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 18. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. The County reserves the right to take into consideration a vendor's past performance under a prior or current ��. 26 2/20/2020 7:18 AM Packet Pg. 1448 Collier County Solicitation 1 16.C.2.d County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work. 19. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 19.1 The selected Vendor may be required to sign a standard Collier County contract. 19.2 The resultant contract(s) may include purchase or work orders issued by the County's project manager. 19.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 19.4 The County's project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 20. PUBLIC RECORDS COMPLIANCE 20.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a) (b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 20.2 The Contractor must specifically comply with the Florida Public Records Law to: 20.2.1 Keep and maintain public records required by the public agency to perform the service. 20.2.2 Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 20.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 20.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the p. 27 2/20/2020 7:18 AM Packet Pg. 1449 Collier County 16.C.2.d Solicitation 1 information technology systems of the public agency. 21. PAYMENT METHOD Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: Purchase Order Number and description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Entailed to: becaaclerk eollierclerk.com 21.1 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 21.2 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 213 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt ol'proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 22. ENVIRONMENTAL HEALTH AND SAFETY 22.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 22.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non- negotiable by any department and/or Vendor. 22.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Are Flash Studies where relevant as determined by the engineer. 22.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 23. LICENSES 23.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well p_ 28 2120/2020 7:18 AM Packet Pg. 1450 Collier County 16.C.2.d Solicitation as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 23.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. 23.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252.2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 24. SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 25. RELATION OF COUNTY it is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 26. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 27. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 28. SECURITY AND BACKGROUND CHECKS 28.1 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 28.2 All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period p. 29 2/20/2020 7:18 AM Packet Pg. 1451 Collier County 16.C.2.d Solicitation 1 in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. 28.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 28.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. if there are additional fees for this process, the vendor is responsible for all costs. 29. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part 111, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, 1713, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 31. DEDUCTION FOR NON-PERFORMANCE The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 33. FLORIDA WOOD PRODUCTS The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 34. STANDARDS OF CONDUCT The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 35. PROTECTION OF PROPERTY The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager shall coordinate with the Vendor/Contractor the return of any surplus assets, I) 30 2/20/2020 7:18 AM Packet Pg. 1452 16.C.2.d Collier County Solicitation 1 including materials, supplies, and equipment associated with the scope or work. 36. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Procurement Services Division website: www.col[iergov.net/t)ut-chasiii . On the left-hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non -responsive. 37. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes. or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 38. DEBRIS Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 39. DIRECT MATERIAL PURCHASE 39,1The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following infonnation from the Vendor: 39.1.1 Required quantities of material 39.1.2 Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 39.1.3 Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 40, GRANT COMPLIANCE The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. ;31 2/20/2020 7:18 AM Packet Pg. 1453 Collier County 16.C.2.d 5olicitatinn 1 41. EQUIPMENT Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until documentation is provided. All County -purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 42. STORAGE TANK INSTALLATION AND CLOSURE REQUIREMENTS 43-46 where applicable The contractor shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, MIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 43. 62-761.300 APPLICABILITY 43.1 General Requirements: 43.1.1Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities greater than 1 10 gallons that contain or contained: (1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 (2) Pollutants or hazardous substances after December 10, 1990; or (3) Regulated substances in unrnaintained storage tank systems. 43.1.2This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this Chapter). 44. 62.762.301 F.A.C. APPLICABILITY 44.1 General Requirements: 44.1.lAboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984 2/20/2020 7:18 AM p. 32 Packet Pg. 1454 Collier County Solicitation 16.C.2.d (1) Vehicular fuel, subject to Chapter 17.61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3) Pollutants in unmaintained storage tank systems. 44.1.2Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62-762.401 (1)-(2), F.A.C. 44.1.3Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62-762.891, F.A.C. 45. POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 46. DEFINITIONS 62.761.200 11 and 62.762.201 16 F.A.C.: "County" means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62-761.200 48 and 62-762.201 62 F.A.C.: "Pollutants" includes any "product" as defined in Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. 62-761.200(51) and 62-762.201(65). F.A.C.: "Product" as defined in Section 377.19(11), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 62-761(73) and 62-762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails. Yes [--]No Certification: 1 certify that 1 am in agreement, to the best of my knowledge, with the General Bid Instructions above. 2/20/2020 7:18 AM p. 33 Packet Pg. 1455 2/3/2020 E-Verify: Employer Wizard - Company Information 16.C.2.d E-Verify Welcome Katlyn Minor Company Information Company Name Maxim Crane Works, L.P. Company ID Number 48112 Doing Business As (DBA) Name DUNS Number Physical Location Address 1 1225 Washington Pike Address 2 City Bridgeville State PA Zip Code 15017 County ALLEGHENY Mailing Address Address 1 Address 2 City State Zip Code Additional Information Employer Identification Number 251739175 MENU Q https://e-verify.uscis.gov/web/EmployerWizard.aspx Packet Pg. 1456 2/3/2020 E-Verify: Employer Wizard - Company Information 16.C.2.d Total Number of Employees 1,000 to 2,499 Parent Organization Maxim Crane Works Holdings, Inc. Administrator Organization Designation Employer Category Federal Contractor with FAR E-Verify Clause Federal Contractor Category None of these categories apply Employees Being Verified All new hires and all existing employees assigned to a Federal contract View /Edit NAICS Code 238 - SPECIALTY TRADE CONTRACTORS View /Edit Total Hiring Sites 30 View /Edit Total Points of Contact 1 View /Edit View Original MOU Template View MOU ��" f V' :3 IIIIIII iNI5T0.P,�� U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Enable Permanent Tooltips Accessibility Download Viewers a Last Login: 02/03/2020 03:40 PM https://e-verify.uscis.gov/web/EmployerWizard.aspx Packet Pg. 1457 E-Verifv- or a..... .... zv. Company ID Number: 48112 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Maxim Crane Works, L.P. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1458 E-Veri fo Company ID Number: 48112 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1459 E-Veri fo Company ID Number: 48112 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1460 E-Veri fo Company ID Number: 48112 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VI of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(@dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1461 E-Verifv- or a..... .... zv. Company ID Number: 48112 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1462 E-Veri fo Company ID Number: 48112 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1463 E-Veri fo Company ID Number: 48112 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1464 E-Verifv- or a..... .... zv. Company ID Number: 48112 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes tc E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1465 E-Veri fo Company ID Number: 48112 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1466 E-Verifv- or a..... .... zv. Company ID Number: 48112 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer) 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1467 E-Verifv- or a..... .... zv. Company ID Number: 48112 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1468 E-Verifv- or Company ID Number: 48112 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1469 E-Verifv- or Company ID Number: 48112 Approved by: Employer Maxim Crane Works, L.P. Name (Please Type or Print) Title Thomas K Liston Signature Date Electronically Signed 07/24/2007 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 07/24/2007 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1470 E-Verifv- or a..... .... zv. Company ID Number: 48112 Information Required for the E-Verify Program Information relating to your Company: Maxim Crane Works, L.P. Company Name 1225 Washington Pike Bridgeville, PA 15017 Company Facility Address Company Alternate Address County or Parish ALLEGHENY Employer Identification Number 251739175 North American Industry 238 Classification Systems Code Maxim Crane Works Holdings, Inc. Parent Company Number of Employees 1,000 to 2,499 Number of Sites Verified for 30 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1471 E-Verifv- or Company ID Number: 48112 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: ARIZONA 1 site(s) CALIFORNIA 5 site(s) FLORIDA 2 site(s) GEORGIA 3 site(s) INDIANA 1 site(s) KENTUCKY 2 site(s) LOUISIANA 1 site(s) MARYLAND 1 site(s) NORTH CAROLINA 1 site(s) OHIO 1 site(s) PENNSYLVANIA 2 site(s) SOUTH CAROLINA 2 site(s) TEXAS 7 site(s) WEST VIRGINIA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1472 E-Verifv- or Company ID Number: 48112 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Joseph A Keefe Phone Number (412) 504 - 0200 ext. 176 Fax Number (412) 504 - 0134 Email Address jkeefe@maximcrane.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1473 i - erify Y Company ID Number: 48112 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 1474 2020 FOREIGN LIMITED PARTNERSHIP ANNUAL REPORT DOCUMENT# B94000000380 Entity Name: MAXIM CRANE WORKS, L.P. Current Principal Place of Business: 1225 WASHINGTON PIKE SUITE 100 BRIDGEVILLE, PA 15017 Current Mailing Address: 1225 WASHINGTON PIKE SUITE 100 BRIDGEVILLE, PA 15017 US FEI Number: 25-1739175 Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION. FL 33324 US FILED Jan 02, 2020 Secretary of State 7928310643CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date General Partner Detail : Document # M05000000444 Name MAXIM CRANE WORKS, LLC Address 1225 WASHINGTON PIKE, SUITE 100 City -State -Zip: BRIDGEVILLE PA 15017 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a general partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DON E. GOEBEL CHIEF LEGAL OFFICER 01/02/2020 Electronic Signature of Signing General Partner Detail Date 16.C.2.d Packet Pg. 1475 Detail by FEI/EIN Number Page I of 2 16.C.2.d Florida Department of State ,II an uffiriuf 37we of Flond r webwr Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by FEI/EIN Number Foreign Limited Partnership MAXIM CRANE WORKS, L.P. Cross Reference Name ANTHONY CRANE RENTAL, L.P. Filinq Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 1225 WASHINGTON PIKE SUITE 100 BRIDGEVILLE, PA 15017 Changed: 04/26/2010 Mailing Address 1225 WASHINGTON PIKE SUITE 100 BRIDGEVILLE, PA 15017 B94000000380 25-1739175 09/20/1994 PA ACTIVE CORPORATE MERGER 07/27/2015 08/01 /2015 Changed: 05/01/2017 Reaistered Aoent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 04/22/2002 Address Changed: 04/22/2022 General Partner Detail Name & Address Document Number M05000000444 DIVISION OF CORPORATIONS Packet Pg. 1476 http://search. sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=FeiNu... 4/28/2020 Detail by FEI/EIN Number Page 2 of 2 16.C.2.d MAXIM CRANE WORKS, LLC 1225 WASHINGTON PIKE, SUITE 100 BRIDGEVILLE, PA 15017 Annual Reports Report Year Filed Date 2018 03/06/2018 2019 01/04/2019 2020 01/02/2020 Document Images 01/02/2020 -- ANNUAL REPORT View image in PDF format 01/04/2019 -- ANNUAL REPORT View image in PDF format 03/06/2018 -- ANNUAL REPORT View image in PDF format 05/01/2017 -- ANNUAL REPORT View image in PDF format 05/13/2016 -- ANNUAL REPORT View image in PDF format 07/27/2015 -- Merger View image in PDF format 04/17/2015 -- ANNUAL REPORT View image in PDF format 04/04/2014 -- ANNUAL REPORT View image in PDF format 05/01/2013 -- ANNUAL REPORT View image in PDF format 06/14/2012 -- ANNUAL REPORT View image in PDF format 06/21/2011 --ANNUAL REPORT View image in PDF format 04/26/2010 -- ANNUAL REPORT View image in PDF format 03/03/2009 -- ANNUAL REPORT View image in PDF format 03/31/2008 -- ANNUAL REPORT View image in PDF format 01/11/2007 -- ANNUAL REPORT View image in PDF format 01/09/2006 -- ANNUAL REPORT View image in PDF format 07/01/2005 -- ANNUAL REPORT View image in PDF format 01/27/2005 -- Amendment and Name Change View image in PDF format 06/10/2004 -- ANNUAL REPORT View image in PDF format 09/18/2003 -- ANNUAL REPORT View image in PDF format 04/22/2002 -- Reg. Agent Change View image in PDF format 10/22/2001 --ANNUAL REPORT View image in PDF format 07/19/2000 -- ANNUAL REPORT View image in PDF format 12/16/1999 -- Amendment View image in PDF format 12/14/1998 -- ANNUAL REPORT View image in PDF format 01/26/1998 -- ANNUAL REPORT View image in PDF format 01/1311997 -- ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations a+ Q Packet Pg. 1477 http://search. sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=FeiNu... 4/28/2020 16.C.2.d Collier County Administrative Services Department Procurement Services Division Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Maria C. Caries (Evaluator completing re erence questionnaire) Email: infop_carlesconstruction.Co171 FAX: Company: Caries Construction, LLC (Evaluator's Company completing reference) Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Tigertail Office Build'Ing Completion Date: Project Budget: Project Number of Days: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 1 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 1000 Packet Pg. 1478 16.C.2.d Collier County Administrative Services Department Procurement Services Division Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Jerry Cuervo (Evaluator completing reference questionnaire) Email: cuervoj@bakerconcrete.com FAX: Company: Baker Concrete Construction, Inc (Evaluator's Company completing reference) (786) 566-3158 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Cast -In Place Condominum Project Budget: $39,900,000.00 Completion Date: 07/19/2016 Project Number of Days: 405 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on -time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Packet Pg. 1479 16.C.2.d Collier County Administrative Services Department Procurement Services Division Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: CORY SMITH Company: xD Construction of Florida, Inc (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: CSMITH ION . US FAX: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: THE RISE Project Budget: Completion Date: 4 / 12 / 19 Project Number of Days: 372 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10/10 2 Ability to maintain project schedule (complete on -time or early). 9/10 3 Quality of work. 9/10 4 Quality of consultative advice provided on the project. 8/10 5 Professionalism and ability to manage personnel. 8/10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 8/10 7 Ability to verbally communicate and document information clearly and succinctly. 8/10 8 Abiltity to manage risks and unexpected project circumstances. 7/10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 9/10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10/10 TOTAL SCORE OF ALL ITEMS Packet Pg. 1480 16.C.2.e FIXED TERM SERVICE AGREEMENT # 19-7653RR for CRANE RENTAL SERVICES THIS AGREEMENT, made and entered into on this day of 2020 , by and between Maxim Crane Works L.P. , authorized to do business in the State of Florida, whose business address is 1225 Washington Pike Suite 100 Bridgeville PA 15017 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing X upon the date of Board approval on -wM-and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Fm� Purchase Order F-1 No-t ce-to-Proceed: 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ Reques-t»for-Proposal (R-Fp) X Invitation to Bid (ITB) ❑ Other-- #19-7653RR Including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1481 16.C.2.e 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ Lump Sum--(Fixed--Price):--A-firm- ixed--total--prioe-offering-for a -project; the--r-isles-.are transferred-frorr-the-Coantyyto-tl�e- cor,tractor;�and; �U-�-a-b�si7ne�spract;cA� tl�ere-are-�no hourly- --or--material---invoicep----presenteda-rathe-r; . -.the.-__contractor -must perforrn-µto- the satisfaction-�-ofthe_County'J .project -manager befor4. payment.-for-the-fi ed--price--contruot is -authorized R Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. R Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Tenn Service Agreement #2017-002 (Ver.1) Packet Pg. 1482 16.C.2.e 4A ❑ (check--if---applicable)—Travel--and-Reimbursable---E-xpenses T-raver--and Reimbh'rsa-ble--ExpenceTr- uct-be-appro�,led--i-r, dvance-iri-asrlting_by--the--County:. Travef expensesw-shall....be�re�rnbursed-..a�per Sect=on 1-1.2:061-�FIa...,Stuts: Rei mbu rsem—.nts-shall-be- at-the-.fo Mowing-rates Mileage $0:44 5- p er-mile Breakfast $6.00 lunch $4-1,00 Din-ner -110 00 Airfare Actual, ticket -cost Limited -to tourist -or coach'polaec #a -re Rental -ear Y`ictual renta.�covelEm�ted toacornpac� or stanfdard s��e vehicles Lodging Actu-al-cost--ofJodging-at-singlJa-occupancy re-ta-wlth-a cap+ '�fsno'mcre�than�15000. er n�ht P.a,- nki n.,.: Actual-.-cost-of parki n: .. Taniwr Airport Limousine A tual-cost of -either tax, r-air'sri limousine Reim bursable-iterns--other-than-tr-avel-expenses hall -be Iimited-to'-the-following.--telephone long distance -•charge-. €au -charges, photocopying--charges--and postage:'--P.eimbursa-ble itern,'w;iil-be-paid--only after Contr-actor h-a---provided-all-receipts:--Contr---tor ,h'all--be re'sponsiLleafoYr all- other-cop.+,,-,-and--expen`ses`-associated--withY-activities-„and,-solioita,ions unde rta ken-p u rs,uant--to-th i s-Agreement: 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Maxim Crane Works, L.P. 2070 NW 40th Court Pompano Beach, FL 33073 Frank Firavanti, Vice President (954) 970-0587 ffioravanti(p).maximcrane.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1483 16.C.2.e Board of County Commissioners for Collier County, Florida Division Name: Division Director Address: Public Utilities Wastewater Division Lizabeth Johnssen 4370 Mercantile Ave Naples. FL 34112 Administrative Agent/PM: Donna Deeter Telephone: (239) 252-2622 E-Mail(s): Donna.Deeter@colIiercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 4 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) C Packet Pg. 1484 16.C.2.e 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement, Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. FE-1 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. R Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. 0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D ❑ Profess ional-L-iabiIit- -Shall -be-maintained--by-the--Contractor-to-ensure- it-s-leg al liability for-elaims_-arising-c ut of�the--performance.-ot-professional--serv;ces-underthi-s Agreement: Contractor -waives- ts-rlght-of recovery-aguanet County-as-to-any-ctaimsWuder this-zdnsur-ance:-Sueh-insuran,;�.;hall-have--l-imits--of-not less -than-.$- ---each clad-andwaggregate.r E-. ❑ Cyber-Liabiii-Coverage--shall-have-mi-nimrurr� lirnits-ef w - per elaita : -. ❑ rove rage ..shaII-have.minimumwlimits-of-$-.--w..---.-..--per cla-i m.. Page 5 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1485 16.C.2.e Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page 6 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1486 16.C.2.e 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Wastewater Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), 0 Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ -FP/ ❑■ ITB/❑ Other --- ----- ## 19-7653RR, including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑ 17. APPLICABILITY. Sections corresponding to any checked box (■) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c, immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: Page 7 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1487 16.C.2.e IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. Page 8 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1488 16.C.2.e 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or- for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23, FE-1 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of 'the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, _EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. Fn� WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, Page 9 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1489 16.C.2.e fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. ❑■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. FE] PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. Page 10 of 17 Fixed Term Service Agreement #2017-002 (Ver.l ) 1 �01 Packet Pg. 1490 16.C.2.e 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ icFV,,PER-S ?niNEL .The -Contractor's -per-sonnet--and--management--to-be--util'i-zed--for this--project-sha.El•be-know,led,ge-ablerin-their--areas-of expert e. The-County.-reset,,osJ,he right Ao-perform_inves-tigat ons a-s-may be-deemed--necessary--to-ensure--that -competent person€.,- ill-be-u-tiIizwed4n--.tha,performance of the Agreement. The -Contractor -shall -assign a- --many-people-assnecessar,-to-co o m p I ete-th e -s e rvii cec on-a--timely-basi-s; and -each -person ass signed shall be-avaitable--for-an -,,mount of-time-aadequate--to- aeet-the re-q LA. iredg_ce-mvice d-ates. The-Contr-actorsholl-.notchonge—K-ey-Personnel-uniecs-the following-cQndition,.,are met—( )—Proposed--replacement _heve-substantially ,-the,ame-er- better qua-Iiftcationc and/or-,.e xper-ience.--{2)m that-the--County,-is notified-in-wri-t ng--a-,,far in-ada,tance--as-possible: ThA-Contractor shall-make--cornmerci,allywre-acorable-efforts.-to notifyµ.Collier Oounty+ within coven--(7)_days-of-the-change: The -County --retains final--approval-of--proposed--replacei ent personnel: X AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 11 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1491 16.C.2.e 35. FN� ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ❑ ORDER -OF PRECE-DENCE (-Grant Funded}. ln--theµevent of any -conflict between --or among-th., ter-,,rs-Many--of the-Contract=Document-.--u^d/or-the--County�-c-Board-approved ,Execut-ive Summary;the-ter-ms-of the-#4.gr-eementsh-alt--take-precedence--oa,,,er-the-terms-cf all-oche-r--Contract-Docurnents;-e, cept-the-terms-of any--Sappiemer;tal. Conditions shall --takes precedence--c,,,rer the-- ree-ment TT-o-.the-e�-tent--ands-wconrfl+ct-in -the-ter-m— of the-Contra-ct Docu;rents annotw-be_,.recal-,,ted--b?y-application-of the zupptemental-C-onditions; ifany;-or- the--Agr-eement ,the-conflict-shall--be--resolved--try---impoaing-the-mo-re--,trict-or--ooetly o-bliyatio- under the-Contra-ct--Documents-upon.uthe contra-otor- at-County!S—diccreti-on: 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37, SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Page 12 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1492 16.C.2.e 38. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1 3 16.C.2.e IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Court COLLIER COUNTY, FLORIDA & Comptroller By: Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness S' O/*V--1 TTyp print witnes nameT u ontractor's Secon Wit ess L SA TType/print witness name's Approved as to Form and Legality; County Attorney Print Name Burt L. Saunders _, Chairman Contractor: Maxim Crane Works, L.P. By: Maxim Crane Works, LLC, General Partner 11 _ Signat9l-� Q TTypelprint signature and titleT Page la of 17 Fixed Term Service Agreement N2017-002 (Ver.l) +.C7 Packet Pg. 1494 16.C.2.e Exhibit A Scope of Services FE-1 following this page (containing 4 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 1495 16.C.2.e 1TB#19-7653RR "Crane Rental Services EXIHBIT A` " SCOPE OF SERVICES The term "Vendor" and "Contractor" shall be used interchangeably throughout this Agreement. The intent of this Scope of Services is to establish the minimum requirements for Crane Rental Services on an "as needed" basis. The County may determine the crane size or request the Vendor to assist in determining the crane size for the project, capacity, and length of rental on a "project by project" basis. Specifications The Contractor shall provide cranes, booms, operator, and all necessary rigging, chokers, and personnel. The equipment services are an "as needed" basis. 1. Service Periods Crane with Operator service periods under this agreement are defined as follows: 1.1. Half (1/2) day = 4 work hours 1.2. Full day = 8 work hours 1.3. One (1) Week = 40 work hours (based on eight (8) hour day) 1.4. One (1) Month = 160 work hours (based on an eight (8) hour day, Monday thru Friday, 40 hours per week, and 160 per month) 2. Rate Hours 2.1. The rate hours for hydraulic truck cranes with operator for 40-ton, 50-ton, 60-ton, and 70-ton includes the crane, operator, rigging accessories, overhead, fuel, maintenance, insurance, erection / dismantle, and Portal to Portal (defined as: actual time billed from Contractor's location to the work site and leaving the work site back to the Contractor's location). These hours are Monday through Friday from 7:00 a.m. to 5:00 p.m. not to exceed eight (8) hours per day and paid at the bid rate hours. 2.2. The rate hours for 100-ton crane with Operator and Counter -Weight Truck and includes crane, operator, counter -weight truck, overhead, delivery, fuel, maintenance, insurance, and erection/dismantle. These hours are Monday through Friday from 7:00 a.m. to 5:00 p.m. not to exceed eight (8) hours per day and paid at the rate hours listed in Exhibit B Fee Schedule. 2.3. Overtime rate is defined as working hours that exceed eight (8) hours per day, Monday through Friday, as outlined in 2.1 and 2.2 above; or working hours Monday through Friday from 5:01 p.m. to 6:59 a.m.; or Saturdays. These hours are paid at one and one-half times the rate hours listed in Exhibit B Fee Schedule. 2.4. Double time is defined as working hours on Sundays and County Observed Holidays (24 hours) These hours are paid at twice the rate hours listed in Exhibit B Fee Schedule. 3. Fuel Surcharge or Regulatory Compliance Fee if applicable The Fee Schedule provides for the Contractor to input a Fuel Surcharge or Regulatory Compliance Fee percentage. If there is a percentage surcharge or compliance fee, it shall be a percentage of the total invoice (i.e. 8 service hours @ $180.00 rate = $1,440 x .07 (7%) _ $1,540.80 — Invoice Total) 4. Response time 4.1. Non -Urgent Response Time: The Vendor shall respond by email or phone within twenty-four (24) hours from the Division Representative's work request. The work shall commence upon the issuance of a purchase order and an agreed work schedule. Exhibit A -Scope of Services Page 1 of 4 Packet Pg. 1496 16.C.2.e 4.2. Urgent Response Time: The Vendor shall respond by email or phone within two (2) hours from the Division Representative's work request. The work shall commence at the jobsite within six (6) hours from the issuance of a purchase order. The Vendor must have employees readily available within 150 miles of Collier County. 5. Orders County Divisions shall issue individual orders for crane services that are needed throughout the contract term. Orders for services shall be placed via email. Each order request will include the Division name, Division representative with contact information, crane tonnage, service hours, and work site location. No work shall commence unless a purchase order has been issued to the Vendor by the Division via email. 6. Certification The Vendor shall provide valid Crane Operator certification upon request by the Division Representative if it is a requirement for the work site (i.e. working at airports). Federal Aviation Administration (FAA) Notification and Permit (if applicable) The Federal Aviation Administration (FAA) requires a permit on construction cranes any time that they will exceed a 100:1 sloped surface from the nearest point of the nearest runway out to 20,000 feet or 200 feet AGL (above ground level) beyond. The FAA requires a permit for ANY crane work within a 3-mile radius of any airport. The permit process may take four (4) to six (6) weeks. The Vendor is responsible for FAA notifications and permits if required at work sites that is in accordance with FAA, Title 14 of the Code of Federal Regulations (14 CFR Part 77.9). The FAA requires that Form 7460-1 be submitted at least 45 days before the date the proposed construction is to begin, or the date an application for a construction permit is to be filed. 8. General Requirements Vendor shall furnish all necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required. Crane preventative maintenance, repairs, replacements is the Contractor's responsibility. 8.1. Equipment The Vendor shall maintain adequate inventory to provide a prompt response for order requests. If requested equipment is unavailable, the Vendor shall notify the Division Representative immediately. The Vendor shall provide an estimated time when the equipment is available. If the equipment is not available, then the Division has the authority to request quotes off contract following the County's Purchasing Ordinance. 8.2. Records and Documentation The Vendor(s) is responsible to maintain and update records for each type of equipment serviced. The documentation will include, and not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. 8.3. Safety Requirements High -visibility clothing or vests with retro-reflectorized striping must always be worn by all employees working within Collier County Rights -of Way (See exception in # 5 below). This includes personnel that may visit the `work zone temporarily, such as management and/or vendors. ANSI/ISEA 107-2004 or the most current edition, Class 2 or Class 3 garments are required for daytime use. NSI/ISEA Class 2 or 3 Vests, T-shirts or similarly labeled garments depending on time of day. A Class 3 garment is mandatory for use by flagging personnel during any hours of darkness, including during inclement weather situations, where conditions may create hours of darkness during normal daylight conditions. Exhibit A -Scope of Services Page 2 of 4 Packet Pg. 1497 16.C.2.e Exception: When other industry apparel safety standards require workers to wear apparel that is inconsistent with Federal, State or county requirements such as NFPA, OSHA, ANSI, etc., the other standards may prevail. However, apparel must still meet high visibility color requirements of fluorescent lime -green or fluorescent orange only and must be maintained in good condition and replaced as necessary. Work Zone Safety It is the Vendor's responsibility for safety in the work zone. Vendor shall provide work zone signage, cones, barricades or barrels, arrow panels, flagging personnel and Stop/Slow Paddles, where necessary, as required by law or the Collier County Board of County Commissioners (BCC). 8.4. OSHA & Manufacturer's Safety Requirements The vendor shall run operations in strict accordance with OSHA regulations and the manufacturer's safety requirements. 8.5. Damages Carelessness by the Vendor resulting in damage to turf, curbs, sidewalks, pavement or structures, mailboxes, appurtenances, etc. shall be repaired or replaced by the V endor to the satisfaction of the Division Representative at no additional cost to the County, and damages shall be repaired or replaced within seventy-two (72) hours. 8.6. Performance Standards The Vendor shall perform to the standards in this solicitation and subsequent contract documents. The Vendor agrees to warrant their work and professionally perform services. If Vendor fails to perform in accordance to the Scope of Work/Specifications, including subsequent contract documents, the Division has the sole discretion to deem such failure as sufficient cause for default which may result in contract termination. 8.7. Failure to Perform If Vendor refuses to begin work, improperly perform work, unnecessarily delays work, neglects or refuses to correct work that was rejected or is defective, the Division Representative may notify the Vendor to repair and replace work immediately, and if the Vendor refuses to correct the work, the Division may request that all work discontinue under this Contract. 8.8. Materials Markup Percentage The Vendor's markup percentage for non -bid line items is ten percent (10%).. Reimbursement for non -bid line items purchases shall require the Vendor to submit receipts showing the cost of goods to verify markup cost; there is no markup for shipping charges. Failure to provide backup receipts may result in invoice rejection. 8.9. Invoicinq Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. The Division will approve payment for completed work that is accepted as satisfactory by the Division; invoices will be rejected for incomplete work or defective materials. Non -bid line item purchases having a ten percent (10%) markup percentage and receipt submission is required for percentage markup verification. Invoice rejection will occur if invoices are not accurate and/or have missing backup documentation. At a minimum, invoices shall include the following: • Division Name • Contract Number Exhibit A -Scope of Services Page 3 of 4 r) Packet Pg. 1498 16.C.2.e • Purchase Order Number • Work Order Number (if applicable) • Serviced Line Items • Work Site Location • Non -Bid Line Items (the Vendor's cost for each item with receipt attached, and the bid percentage markup) Exhibit A -Scope of Services Page 4 of 4 i€ Packet Pg. 1499 16.C.2.e Exhibit B Fee Schedule following this page (containing pages) it d Cn C d C M L U as ti M M LO 10 ti C d E M V fC a+ a+ ZI Page 16 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) (CAA" Packet Pg. 1500 16.C.2.e ITB#19-7653RR "Crane Rental Services EXHIBIT B FEE SCHEDULE 1. 40 Ton Hydraulic Truck Crane w/Operator Maxim Crane Works Item No. Description Rate Hours / Percentage 1.1 Half day = 4 hours $ 580.00 1.2 Full day = 8 hours $ 1,160.00 1.3 Weekly = 40 hours $ 5,800.00 1.4 Monthly = 160 hours $ 23,200.00 1.5 Rate Hour Subtotals $ 30,740.00 1.6 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 6% 1.7 Rate Hour Subtotals X Percentage $ 1,844.40 2. 50 Ton Hydraulic Truck Crane w/Operator Item No. Description Rate Hours / Percentage 2.1 Half day = 4 hours $ 620.00 2.2 Full day = 8 hours $ 1,240.00 2.3 Weekly = 40 hours $ 6,200.00 2.4 Monthly = 160 hours $ 24,800.00 2.5 Rate Hour Subtotals $ 32,860.00 2.6 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 6% 2.7 Rate Hour Subtotals X Percentage $ 1,971.60 3. 60 Ton Hydraulic Truck Crane w/Operator Item No. Description Rate Hours / Percentage 3.1 Half day = 4 hours $ 660.00 3.2 Full day = 8 hours $ 1,320.00 3.3 Weekly = 40 hours $ 6,600.00 3.4 Monthly = 160 hours $ 26,400.00 3.5 Rate Hour Subtotals $ 34,980.00 3.6 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 6% Exhibit B-FEE SCHEDULE Page 1 of 2 �_ 0 Packet Pg. 1501 16.C.2.e 3.7 Rate Hour Subtotals X Percentage $ 2,098.80 4. 70 Ton Hydraulic Truck Crane w/Operator Item No. Description Rate Hours / Percentage 4.1 Half day = 4 hours $ 820.00 4.2 Full day = 8 hours $ 1,640.00 4.3 Weekly = 40 hours $ 8,200.00 4.4 Monthly = 160 hours $ 32,800.00 4.5 Rate Hour Subtotals $ 43,460.00 4.6 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 6% 4.7 Rate Hour Subtotals X Percentage $ 2,607.60 5. 100 Ton Crane w/Operator & Counter Weight Truck Item No. Description Rate Hours / Percentage 5.1 Half day = 4 hours $ 1,000,00 5.2 Full day = 8 hours $ 2,000.00 5.3 Weekly = 40 hours $ 10,000.00 5.4 Monthly = 160 hours $ 40,000.00 5.5 Counter Weight Truck / Freight In $ 1,000.00 5.6 Counter Weight Truck / Freight Out $ 1,000.00 5.7 Rate Hour Subtotals $ 55,000.00 5.8 Fuel Surcharge OR Regulatory Compliance Fee (percentage of invoice), if applicable 6% 5.9 Rate Hour Subtotals X Percentage $ 3,300.00 Allowable Markup Percentages Item Description Each No. 6 Materials 10% Exhibit B-FEE SCHEDULE Page 2 of 2 A Packet Pg. 1502 16.C.2.e Other Exhibit/Attachment Description: ❑ following this page (containing pages) ❑O this exhibit is not applicable Page 17 of 17 Fixed Tenn Service Agreement #2017-002 (Ver.1) `CA,07'' Packet Pg. 1503 16.C.2.f �1 ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/25/2020 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Central, Inc. Pittsburgh PA Office CONTACT NAME: (A/CNNo. Ext): (866) 283-7122 laC No.): (800) 363-0105 E-MAIL ADDRESS: EQT Plaza — suite 2700 625 Liberty Avenue INSURER(S) AFFORDING COVERAGE NAIC # Pittsburgh PA 15222-3110 USA INSURED INSURER A: Zurich American Ins CO 16535 Maxim Crane Works, LP 3800 N. POwerline Road Pompano Beach FL 33073 USA INSURERB: American Zurich Ins Co 40142 INSURER C: National Fire & Marine Ins Co 20079 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570084111660 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL0913876714 06 30 202U 06 30 2021 EACH OCCURRENCE $5 , 000, 000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED $100 000 PREMISES Ea occurrence , X MED EXP (Any one person) $10 , 000 CONTRACTURAL LIABILITY PERSONAL&ADV INJURY $5,000,000 GEN'LAGGREGAATTE LIMITAPPLIES PER: GENERAL AGGREGATE $12,000,000 POLICYJECT I X I PRO ❑ LOC LJ PRO - PRODUCTS - COMP/OP AGG $ 5 , 000 , 000 OTHER: A AUTOMOBILE LIABILITY TRK 8979261 20 06/30/2020 06/30/2021 COMBINED SINGLE LIMIT Ea accident $2 , 000, 000 BODILY INJURY ( Per person) BODILY INJURY(Per accident) OWNED SCHEDULED JANYAUTO AUTOS ONLY AUTOS HIRED AUTOS X NON -OWNED PROPERTY DAMAGE Per accident) ONLY AUTOS ONLY C X UMBRELLA LAB X OCCUR 42XSF10002208 06/30/2020 06/30/2021 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DED RETENTION B WORKERS COMPENSATION AND WC897921421 06/30/2020 06/30/2021 X I PER STATUTE I OTH- ER EMPLOYERS' LIABILITY y / N E.L. EACH ACCIDENT $1 , 000 , 000 ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ❑ N / A E.L. DISEASE -EA EMPLOYEE $1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) [RE: Customer: Collier County Board of County Commissioners, Project: Contract# 19-7653RR - Any and All Work Performed] [AI: Collier County Board of County Commissioners, Board of County Commissioners In Collier County, Collier County Government and Collier County) are included as Additional insured on the General Liability and Automobile Liability policies as and to the extent required by written contract with the Named insured. This insurance is Primary and Non -Contributory with respect to the General Liability and Automobile Liability policies. umbrella Liability policy is follow form to the underlying policies. For Bare Rentals the foregoing shall apply as required by written contract and only to the extent that such losses are caused by Maxim employees or sub -contractors performing personal services at the jobsite during delivery, assembly, disassembly or repair CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County AUTHORIZED REPRESENTATIVE Commissioners Tamiami Trail E. Naples Naples FL 34112 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1504 AGENCY CUSTOMER ID: 570000014116 LOC #: ,4� o ADDITIONAL REMARKS SCHEDULE 16.C.2.f Page _ of AGENCY Aon Risk Services Central, Inc. NAMED INSURED Maxim Crane Works, LP POLICY NUMBER see Certificate Number: 570084111660 CARRIER see Certificate Number: 570084111660 T7�1 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: of the leased equipment. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1505 16.C.2.f Additional Insured — Automatic — Owners, Lessees Or Contractors ZURICH s Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddT Prem Return Prem. GLO 9138767-14 06/30/2020 06/30/2021 15939000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: MAXIM CRANE WORKS, L . P . Address (including ZIP Code): 1225 WASHINGTON PIKE BRIDGEVILLE, PA 15017 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. Includes copyrighted material of Insurance Services Office, Inc., with its permission U-GL-1175-F CW (04/13) Page 1 of 2 Packet Pg. 1506 16.C.2.f C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance a� N This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and c b. You are required by written contract or written agreement that this insurance be primary and not seek L j contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial ti M General Liability Conditions: r This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission U-GL-1175-F CW (04/13) Page 2 of 2 Packet Pg. 1507 16.C.2.f MAXIM CRANE WORKS, L.P. Coverage Extension Endorsement — Liability Only Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. TRK 8979261 20 6/30/2020 6/30/2021 6/30/2020 15939-000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-428-A CW 02-14 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. I Packet Pg. 1508 16.C.2.f C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability Coverage The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or .2 "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited 4) liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any N agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; a� (2) The "insured's" name and address; and M r (3) To the extent possible, the names and addresses of any injured persons and witnesses. 0 N If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your ao failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon CN as practicable after the fact of the delay becomes known to you. d F. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. G. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. H. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-428-A CW 02-14 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. I Packet Pg. 1509 16.C.2.f J. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-428-A CW 02-14 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. I Packet Pg. 1510 16. C.2.f COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Packet Pg. 1511 A ® CERTIFICATE OF PROPERTY INSURANCE 16.C.2.f DATE (MM/DD/YYYY) 09/25/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER CONTACT AOn Risk Services Central, Inc. Pittsburgh PA Office NAME: PHONE AC. No.Ext): (866) 283-7122 FAX (ArC No (800) 363-0105 E-MAIL ADDRESS: I Plaza - Suite 2700 625 Liberty Avenue Pittsburgh PA 15222-3110 USA g PRODUCER CUSTOMER ID#: 570000014116 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Evanston Insurance Company 35378 INSURER B: Maxim Crane works, LP INSURER C: 3800 N. Powerline Road INSURER D: Pompano Beach FL 33073 USA INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570084111691 REVISION NUMBER: LOCATION OF PREMISES/ DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) [RE: customer: Collier County Board of County Commissioners, Project: Contract# 19-7653RR - Any and All Work Performed] THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYYYY) POLICY EXPIRATION DATE (MM/DDIYYYY) COVERED PROPERTY LIMITS A X PROPERTY CAUSES OF LOSS DEDUCTIBLES MKLv31M0047451 06/30/2020 06/30/2021 X BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRAEXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PIERS PROP BLANKET BLDG & PP Riggers Liability Contractors Equip. Included BASIC BUILDING BROAD SPECIAL CONTENTS EARTHQUAKE X Included WIND FLOOD X Included X ALL RISK -Subject to Exclusions X $10,000,000 Blkt B&PP Ded X $10,000,000 INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICY NUMBER CRIME TYPE OF POLICY BOILER & MACHINERY / EQUIPMENT BREAKDOWN SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contractor's Equipment Limit applies per item. Collier County Board of County Commissioners is included as LOSS Payee on all rented/leased equipment. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners AUTHORIZED REPRESENTATIVE 3295 Tami ami Trail E. Naples FL 34112 USA ACORD 24 (2016/03) © 1995-2015 ACORD CORPORATION. All riahts reserved The ACORD name and logo are registered marks of ACORD Packet Pg. 1512 16.C.2.f AGENCY CUSTOMER ID: 570000014116 / , ® LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central, Inc. Maxim Crane Works, LP POLICY NUMBER see Certificate Number: 570084111691 CARRIER NAIC CODE EFFECTIVE DATE: see Certificate Number: 570084111691 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER If a policy below does not include limit information, refer to the corresponding policy on the ACORD ADDITIONAL POLICIES certificate form for policy limits. 11 INSR VTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MM DD YYY POLICY EXPIRATION DATE (MM/DD/YYYY) COVERED PROPERTY LUlrh PROPERTY A MK1V31M0047451 06/30/2020 06/30/2021 LOSS Limit S10,000,000 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. Packet Pg. 1513 16.C.2.f ^ AGENCY CUSTOMER ID: 570000014116 l ® LOC #: ,a�oRo ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Central, inc. Maxim Crane works, LP POLICY NUMBER See Certificate Number: 570084111691 CARRIER NAIC CODE EFFECTIVE DATE: iPP CPrrific;lTP NumhPr- 570084111691 ADDITIONAL REMARKS ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Packet Pg. 1514