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#19-7653RR (Maxim Crane Works, LP) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routin lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management C.e-- ItitaiZO 2. County Attorney Office County Attorney Office // /?-*P 4. BCC Office Board of County 3S. ( 'S tCommissioners2%1) 4. Minutes and Records Clerk of Court's Office 1 ►W 11I1%1 o so ct0a. 5. Procurement Services Procurement Services ` PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was November 10th,2020 Agenda Item Number 16.C.2 Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 19-7653RR MAXIM CRANE number if document is MAXIM CRANE WORKS L.P. to be recorded WORKS L.P. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11/10/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. .0 I this line. 9. Initials of attorney verifying that the attached document is the version approved r) `� \ I _yjalis not BCC,all changes directed by the BCC have been made,and the document is re.. ♦ Y ' i_.•tion for Chairman's signature. this line. 3gement FIXED TERM SERVICE AGREEMENT # 19-7653RR for CRANE RENTAL SERVICES &sveynberTHIS AGREEMENT, made and entered into on this (a 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: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing I■1 upon the date of Board approval or1-1 on 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 ❑■ Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I I Request-for-Propcsat--(RFP) Invitation to Bid (ITB) Other ) #19-7653R13 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ 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) 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 fixed total price--offering--for-a--project;.the risks--are transferred--frern..the..-County-to-the.._contractor_..and;_as-a-bu ess-.pr-actice..,there....are.-.no hour!y-of- materialicesµ---presented;.rather-T—the----oontractos -ra must—perform—to—the satisfactierHof-the--County's project managerbefore--pay-meat-for he--fixed.-price coo-tract 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. ■ 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 Term Service Agreement#2017-002(Ver.1) 4:4 ❑ (check if applicable) Travel -and-Reimbursable ,Expenses:- Travel-and Reimbursable Expenses---must be approved-in advance in writing--by the.-.County._,.,-Tr-avei expense-s--shall-be reimbursed as per-Section 112.061 .Fla.,,,Statss:- Reimbursements shall be-at the following-rates:' Mileage $0:44.5-per""mile Breakfast $6:00 Lunch $44 0O Dinner $19.00 Airfare Actual-ticket cost limited-to'toucist"or-caaeh lass-fa're Rental-car Actual-rental-cost'limited-to--compact--or-standard-size vehicles Lodging Actual-cost of lodging-at single-occupancy-rate with--a cap of-no-more-than $150,00'per night Parking Actual cost of parking Taxi or-Airport-Limousine Actual-cost of either taxi-or-airport limousine Reimbursable items other-than-travel-expenses shall be limited-to-the following: -telephone long-distance charges _fax.,charges,-photocopying-charges-and, ostage, ,....,,Reimbursable vi rui r...s� run postage: Reimbursable cruv u items will be paid only after--Contractor"-has--provided--all'-receipts.---Contractor--shall---be responsible-for"'a aail-other"""costs and„expenses'.,associated"'with-activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 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 # 85-8015966531C. 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: Maxim Crane Works, L.P. Address: 2070 NW 40th Court Pompano Beach, FL 33073 Authorized Agent: Frank Firavanti, Vice President Attention Name & Title: Telephone: (954) 970-0587 E-Mail(s): ffioravanti@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) Board of County Commissioners for Collier County, Florida Division Name: Public Utilities Wastewater Division Division Director: Lizabeth Johnssen Address: 4370 Mercantile Ave Naples, FL 34112 Administrative Agent/PM: Donna Deeter Telephone: (239) 252-2622 E-Mail(s): Donna.Deeter@colliercountyfl.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) 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. 1.1 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. III Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. • Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. O: n Professional Liability:—Shall be maintained by the Contractor to ensure its--legal liability---for claim --arising s --of...the performance---of—professional-services—under this Agreement: Contractor+waives---Its-righ-t-of recovery against-County as-to any—claims-under this...insurance:__Such_..rnsurance---shall-eve--limits of not .Less-than--$ _,, _._ _each claim and aggregate. E. I Cyber Liability-:-Coverage shall have--mi rn4imits--a-f- ----- --- --per�Iairn. Cyber ❑ ;.-Coverage shale,--ha-ve-aaminlmu --1-i --of-$ ____. __ ..per Glaim: Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver.I) 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) 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), IN Exhibit A Scope of Services, Exhibit B Fee Schedule, RFP/ • ITB/ Other #19-7653RR, including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and Other Exh:bit/Attochment, 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) 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.l) 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. n 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. n 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) 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. III 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. • 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.1) C AO 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. U KEY-PE �S^nI NNEL.-Tie---Gon-he personne --and management-to-be-utilized for t_, oject aW"be knoviledgeeable.-.in-mtheir.areas-of-expertise—The-Countyl reeser�yesthe rigghtt performo ..investigations may be deemed necessary to-ensure that competent investigations��JI IJ as 1 necessary-Ju J persons-will be utilized in-'the performance of the,Agreement—.—The"„Contractor shall'assign as-many people as necessary-to-complete the services on a--timel>y--basis•;and-•each rson assigned shall be available-for-an-amount of time-adequate to'-meet-the required—service dates:--The•Oontr-aetor-shall-not-change--Ke-y-Personnel nless4he--following-conditions--are met:---(-1)_Preposed-replacements-have-substantially--the—same—or-better-qualifications and/or-ewe rienee (-2-) that ti e--Cou ty--is--netlfied-in- mar+frog-as-far-in--ad-va-nee-as-pc sible. The--OQntraetal•--shall--corals ommerea-lly-re'a'sonableefforts--to-notify-Collier-County within seven-(7) days-of-the-change: The-County--retains-'-f+nal--a oval-of'propased_replacement personnel. ■ 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.l) 35. n 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. n ORDER OF PRECEDENCE (Grant Funded}:I --the--evert©f-any-conflict-between--ar among the terms.of-any of the Contract,Docu entu-and/or.the-County's Board approved Executive-Sum m -Agreement"shall take precedence-over the terms-of all.,.other--Contr'•act...Docimento except-the-terms-of-any Supplemental C<3nditions-shall...take precedence--aver--the-Agreement .To-the a ther filet in the•--terms--ef the— traet Doc aments-cannotibe resolved by application--of-theSupplemental--Conditiono;if any;--or the Agreement, the onfl ct—sha- --be-resolved- by- imposin: the---mare--strict--or costly obligation-..under-the--Gentraot-Documents-upon--the_-Contractor a-t-County'y discretion: 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) CAS 38. n 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) 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 B By Y� \ _"�� — y Burt L. Saunders , Chairman Dated: re.AnteK (SEALIs as to C1 Irmal's Contractor: Contractor's Witnesses: Maxim Crane Works, L.P. By: Maxim Crane Works, LLC, General Partner By: Contractor's First Witness Signat _ /—, 4vie /'70.2A✓9 ' / '• eft Ae ' O2iv,6 TType/print signature and titleT TTyp print witness nameT ontractor's Secon Wit ess TType/print witness name I pr ved as F m and Legality: Cou Attorney Print Name Page 14 of 17 Fixed Term Service Agreement#2017-002(Ver.I) i-0 Exhibit A Scope of Services If following this page (containing 4 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.l) ITB#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 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). 7. 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 CAv • 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. Invoicing 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 CA • 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 Exhibit B Fee Schedule following this page (containing 2 pages) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.1) ITB#19-7653RR "Crane Rental Services EXHIBIT B FEE SCHEDULE 1. 40 Ton Hydraulic Truck Crane w/Operator Maxim Crane Works Item Description Rate Hours /Percentage No. 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 6% invoice), if applicable 1.7 Rate Hour Subtotals X Percentage $ 1,844.40 2. 50 Ton Hydraulic Truck Crane w/Operator Item Description Rate Hours /Percentage No. 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 6% invoice), if applicable 2.7 Rate Hour Subtotals X Percentage $ 1,971.60 3. 60 Ton Hydraulic Truck Crane w/Operator Item Description Rate Hours /Percentage No. 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 6% invoice), if applicable Exhibit B-FEE SCHEDULE Page 1 of 2 3.7 Rate Hour Subtotals X Percentage $ 2,098.80 4. 70 Ton Hydraulic Truck Crane w/Operator Item Description Rate Hours /Percentage No. 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 6% invoice), if applicable 4.7 Rate Hour Subtotals X Percentage $ 2,607.60 5. 100 Ton Crane w/Operator& Counter Weight Truck Item Description Rate Hours /Percentage No. 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 6% invoice), if applicable 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 CAO Other Exhibit/Attachment Description: f l following this page (containing pages) ❑■ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver.1) CAO /—,,, m DATE(MM/DD/YYYY) ,4�a CERTIFICATE OF LIABILITY INSURANCE 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. m a 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). .c PRODUCER CONTACT -a NAME: Aon Risk Services Central, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 d Pittsburgh PA Office (A/C.No.Ext): (NC.No.): EQT Plaza - Suite 2700 E-MAIL 0 625 Liberty Avenue ADDRESS: = Pittsburgh PA 15222-3110 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins CO 16535 Maxim Crane Works, LP INSURER B: American Zurich Ins Co 40142 3800 N. Powerline Road Pompano Beach FL 33073 USA INSURERC: 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 INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL0913876714 06/30/2020 06/30/2021 EACH OCCURRENCE $5,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 X CONTRACTURAL LIABILITY MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $5,000,000 8 co GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $12,000,000 RO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $5,000,000 CT- cie OTHER: cp t` A TRK 8979261 20 06/30/2020 06/30/2021 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $2,000,000 OOO,OOO (Ea accident) .. X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) co AUTOS i0 AUTOS ONLY PROPERTY DAMAGE X HIRED AUTOS X NON-OWNED a ONLY AUTOS ONLY (Per accident) G) c X UMBRELLA LIAB X OCCUR 42xSF10002208 06/30/2020 06/30/2021 EACH OCCURRENCE $10,000,000 U EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION • B WORKERS COMPENSATION AND WC897921421 06/30/2020 06/30/2021 X PER STATUTE OTH- EMPLOYERS'LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED, N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under • DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000- n 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 ..a-�!! 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 11 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE K1 EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE y��.�{-{ i POLICY PROVISIONS. -ti'I Collier County Board of County AUTHORIZED REPRESENTATIVE Commissioners �a 3295 Tamiami Trail E. rT Naples FL 34112 USA ( /J `J�, ��iGe W p Svcaim eXXara �Gu�c �4 e/ - ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000014116 LOC#: "4 ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central , Inc. Maxim Crane Works, LP POLICY NUMBER See Certificate Number: 570084111660 CARRIER NAIC CODE See Certificate Number: 570084111660 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 0 Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors Policy No. Eff Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer No. Add'1.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. U-GL-1175-F CW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 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 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 b. You are required by written contract or written agreement that this insurance be primary and not seek 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 General Liability Conditions: 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. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 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) Page 1 of 3 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 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 "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager(if you are a corporation). The failure of any 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"; (2) The"insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or"loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. 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, I. 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) Page 2 of 3 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc.,with its permission. J. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section ll—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) Page 3 of 3 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY CG20010413 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 (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG 20 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 AC CERTIFICATE OF PROPERTY 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. PRODUCER CONTACT Aon Risk Services Central, Inc. NAME Pittsburgh PA Office (A]CNE No,exq: (866) 283-7122 FAX No.). (800) 363-0105 EQT Plaza . Suite 2700 E-MAIL 625 Liberty Avenue ADDRESS Pittsburgh PA 15222-3110 USA PRODUCER 570000014116 g CUSTOMER ID#'. INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Evanston Insurance Company 35378 .� Maxim Crane works, LP INSURER e: 3800 N. Powerline Road INSURERC: Pompano Beach FL 33073 USA INSURER O: 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 r—I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, tS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . INSR POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) CO A X PROPERTY MKLV31M0047451 06/30/2020 06/30/2021 X BUILDING Included 0 r CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY BASIC BUILDING BUSINESS INCOME BROAD EXTRA EXPENSE CONTENTS K • RENTAL VALUE SPECIAL , 2 X BLANKET BUILDING Included 0 EARTHQUAKE 2 BLANKET PERS PROP W WIND • X BLANKET BLDG&PP Included 0 FLOOD U- ter__ _ x ALL RISK-Subject to Exclusions X Riggers Liability $10,000,000 cc • W BIM B&PP Ded X Contractors Equip. $10,000,000 U -- �� INLAND MARINE TYPE OF POLICY CAUSES OF LOSS POLICY NUMBER NAMED PERILS CRIME TYPE OF POLICY J BOILER&MACHINERY/ EQUIPMENT BREAKDOWN ' lidE SPECIAL CONDITIONS/OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) T Contractor's Equipment Limit applies per item. Collier County Board of County Commissioners is included as Loss Payee on all s` 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. 3` Lis .0_2 Collier County Board of County Commissioners /J �x/.'���f/"� S y/J a' 3295 saFL 3i TrailE. AUTHORIZED (y/ " e//bGfIC O F! e/97G1 Naples FL 34112 USA REPRESENTATIVE tXl07i _ 1101 ©1995-2015 ACORD CORPORATION.All rights reserved ACORD 24(2016/03) The ACORD name and logo are registered marks of ACORD / 1 AGENCY CUSTOMER ID: 570000014116 ACORE® 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 See Certificate Number: 570084111691 EFFECTIVE DATE: 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) PROPERTY A MKLV31M0047451 06/30/2020 06/30/2021 Loss Limit $10,000,000 ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000014116 ACOR P LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central , Inc. POLICY NUMBER Maxim Crane Works, LP See Certificate Number: 570084111691 CARRIER NAIC CODE See certificate Number: 570084111691 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance DEDUCTIBLES The deductible limits per coverages are as follows: Property & contractors Equipment - Rented and/or Leased Property- $10,000 Riggers - $250,000 Motor Truck Cargo Legal Liability - $500,000 ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD