Backup Documents 01/28/2025 Item #16C 1 (Maxim Crane Works, L.P.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 0 u
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 routing 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
2. County Attorney Office County Attorney Office 5,oe, 113 i1aS.
4. BCC Office Board of County
Commissioners
4. Minutes and Records Clerk of Court's Office t r t
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 Deidra De La Cruz/Procurement Contact Information 239-252-8950
Contact/Department
Agenda Date Item was January 28, 2025 Agenda Item Number 16.C.1
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 24-8228 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 DD
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 DD
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 DD
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 January 28,2025,and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County 7lfiy an option for
Attorney's Office has reviewed the changes,if applicable. Sl2 this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the �fIAkb an option for
Chairman's signature. Jr" this line.
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FIXED TERM SERVICE AGREEMENT
#24-8228
for
"Crane Rental Services"
t<
THIS AGREEMENT, made and entered into on this Zd- day of 1%4%44.7 20 Z5 ,
by and between Maxim Crane Works, L.P.
authorized to do business in the State of Florida, whose business address is
300 Dunning Street, Canonsburg, PA 15317 , (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 0 upon the date of Board approval; or-Eon 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 UI Purchase Order allotiee-to-Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of LI Request for-Proposal-(RFP) El Invitation to Bid (ITB)
LI-Other ( j# 24-8228 , 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.
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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):
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❑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 company (or subcontractor)
timekeeping or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
n 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.
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4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
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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: 300 Dunning Street
Canonsburg, PA 15317
Authorized Agent: Monty Glover
Attention Name & Title: Vice President
Telephone: 704-509-2629
E-Mail(s): mglover@maximcrane.com
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All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Water Division
Division Director: Howard Brogdon
Address: 4425 Progress Avenue
Naples, FL 34104
Administrative Agent/PM: Pamela Libby
Telephone: 239-253-0215
E-Mail(s): Pamela.Libby@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
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the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of 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 or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. ❑■ Commercial General Liability: Coverage shall have minimum limits of
$ 2,000,000.00 Per Occurrence, $ 3,000,000.00 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. n Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000.00
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. 11 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$ 1,000,000.00
for each accident.
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F. n Riggers Liability/Inland Marine : Coverage
shall have minimum limits of$ 1,000,000.00 per claim.
: Geyer-age
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.
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13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Water 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), n Exhibit A Scope of Services,
Exhibit B Fee Schedule, RFP/ • ITB/F {Other
#24-8228 , including Exhibits, Attachments and Addenda/Addendum, —subsequent
quotes, and hi Other Exhibit/Attachment:
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
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located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, as well as the requirements set forth in Florida Statute, §448.095; 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, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(c�colliercountyfl.gov
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
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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.
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.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
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.
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25. 0 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,
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. I. 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. 01 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.
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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.
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. -XEY r-ERSO.R;'
this project shall be knowledgeable in their areas of expertise. The County reserves the
Page 11 of 17
Fixed Term Service Agreement
[2024_ver.3]
cq
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1 6 C 1
itions arc
•
seven (7)days of the chang .
perso ef.
• 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.
35. ❑� 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.
D-ORvcR-O r-"r t«CEvrnti---t-t vti a r rt-runti
among the terms of-any-ofreved
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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
Page 12 of 17
Fixed Term Service Agreement 0[2024_ver3]
1 6C1
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(a-?colliercountyfl.gov) 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.
Collier County Sheriffs Office (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 Contractor is responsible for all costs.
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
[2024_ver.3]
1 6C 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 the Circuit COLLIER COUNTY, FLORIDA
Court and Comptroller
r4h,;: r.u.A:4-444. bc-- By: i4e4)"%.....,4e.•Aguedi--
` Attest as to Chairman's
Dated: 3 0agnature only Burt L. Saunders, Chairman
` ( NAP''''.
Maxim Crane Works, LP
Contractor's Witnesses: Contractor
ii f) , ;, : a &tat,
By:
ontractor's First Witness ig atu
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ype/print signature and title
(Type/print witness namet
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Contractor's Second Witness
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tType/print witness name
A ed as to F rm nd Legalit
IIV+ County Attorney
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Print Name /14
Page 14 of 17
Fixed Term Service Agreement
[2024_ver.3] C._
1 6C1
Exhibit A
Scope of Services
following this page (containing 4 pages)
n this exhibit is not applicable
Page 15 of 17
Fixed Term Service Agreement
12024_ver.3]
�O
1 6C1
Invitation to Bid (ITB) No. 24-8228
Crane Rental Services
Exhibit A
Scope of Services
DETAILED SCOPE OF WORK
Collier County Public Utilities Division intent of these specifications 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 crane rental
services are on an "as-needed"basis. The contractor shall provide proof of valid Crane Operator certification for each
crane operator upon request by the Division Representative, if required, for the work site where crane services are being
performed.
I. Service Hours
1.1.The service hours for hydraulic truck cranes with operator for 40-ton,50-ton,60-ton,and 70-ton includes
all costs associated with this service including,but not limited to: crane,operator, rigging accessories,
overhead, fuel,maintenance, insurance,erection/dismantle,and Portal to Portal service(defined as: actual
time billed from contractor's location to the work site and leaving the work site back to the contractor's
location).
1,2. If requested the vendor will provide a spotter to assist with crane lifts that do not have the required line of
site.The spotter will be billed separately per hour for time on the jobsite.
2. Work hours
Normal Business hours are Monday through Friday from 7:00 AM to 5:00 PM, excluding County observed
I lolidays. After-hours arc considered before 7:00 AM and after 5:00 I'M on weekdays and at any time on
Saturday, Sunday,or County Observed I lolidays. After-hours rate may be calculated at I.5x the hourly rate in
accordance with the fee schedule. I Ira requested service starts during normal business hours and extends into the
after-hours period,the after-hours rate shall only be charged for time worked during the alter-hours period.
3. Resnon,§e time
3.1. 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 and per the agreed work schedule.
3.2. Urgent Response Time: The vendor shall respond by email or phone within two(2)hours from the Division
Representative for urgent response time 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 provide a minimum of two (2)24/7 urgent contact phone numbers to the County departments using
this contract;this urgent call-out list is both for routine and after-hours services. Failure to provide coverage
may result in termination of the contract. Applicable hourly rates per the fee schedule plus an urgent fee of
$250 will be paid for those urgent jobs authorized in writing by the Project Manager or Division making the
work request.
4. Work Requests
County Divisions shall issue individual work requests for crane services that are needed throughout the contract
term. Work Requests for services shall be placed via email. Each 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 work request has been issued and provided to the vendor by the Division
via email.
1
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5. Certification
The vendor shall provide valid Crane Operator certifications annually for all operators or when a new operator is
added if it is a requirement for the work site(i.e.working at airports).
6. Federal Aviation Administration (FAA) Notificaliqu,J ermil.and Collier County's Airport Requirements (if
applicable)
The Federal Aviation Administration(FAA)requires a permit on construction cranes any time that they 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(tinny 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 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 tiled.
Collier County t,and Development Code requires an Obstruction Evaluation 1 Airport Airspace Analysis
(OFJAAA) to be completed for any obstruction within the airport overlay. Additionally, the Collier County
Airport Authority Division should be given at least a 24-hour notice to be able to put a Notice to Airmen
(NOTAM)out.
7. General Requirements
7.1, Equipment
The vendor shall maintain adequate inventory to provide a prompt response for work requests,
7.1.1.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.
7.1.2.The County reserves the right to use the secondary vendor(if one exists), if the primary vendor does
not have the equipment available.
7.1.3.lithe equipment is not available from any of the vendors,then the Division has the authority to request
quotes oil'contract following the County's Purchasing Ordinance.
7.1.4.The vendor shall ensure proper maintenance of crane service equipment. The vendor shall furnish all
necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals
required for crane equipment maintenance. Crane preventative maintenance,repairs,replacements is
the Crane Company's responsibility.
7,1,5.The Vendors)is responsible for maintaining 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 arty system modifications, if applicable. Proof of maintenance records
must be available for County review if requested.
7.2. Safety Requirements
High-visibility clothing or vests with retro-reflectorized striping must always he worn by all
employees working within Collier County Rights-of Way(See exception in 4 7.2.3 below).This includes
personnel that may visit the "week zone" temporarily, such as management and/or vendors. Class 2 or
Class 3 garments are required for daytime use in accordance with the most current edition of the American
National Standard for I ligh-Visibility Safety Apparel and headwear(ANSli7SRA).
7.2.1.NSIIISEA Class 2 or 3 Vests,T-shirts or similarly labeled garments depending on time of day.
7.2.2.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.
2
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7.2.3.Exception: When other industry apparel safety standards require workers to wear apparel that is
inconsistent with Federal. State or county requirements such as the National Fire Protections
Association (NFPA),Occupational Safety and Health Administration (OSHA).American National
standards Institute(ANSI),etc.,the other standards may prevail. However,apparel must still meet
high visibility color requirements of fluorescent lime-green or flu rescent orange only and must be
maintained in good condition and replaced us necessary.
7.2.4.Work Zone Safety
It is the Vendor's responsibility for safety in the work-tone.Vendor shall provide work tone signage.
cones. barricades or barrels. arrow panels, flagging personnel and Stop/Slow Paddles, where
necessary,as required by law or the Board of County Commissioner's approved Collier County right
of way handbook.
7.3. OSHA 8 Manufacturer's Safety Requirements
fhe vendor shall utilize equipment in accordance with OSHA regulations and the manufacturer's safety
requirements.
7.4. Damages
Carelessness by the vendor resulting in damage to turf,curbs,sidewalks.po ement 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 damage shall be repaired or replaced w ithin seventy-
two(72)hours or as agreed upon by the Project Manager.
7.5. 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 the vendor fails to perform in
accordance with 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.
7.6, Failure to Perform
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.
7.7. Invoicing
invoice submission for payment approval must be accurate and complete with details ofscrvices performed.
The Division will approve payment for completed work that is accepted as satisfactory by the Division;
invoices will be rejected for incomplete work.
7.7.1.Invoice rejection will occur if invoices arc not accurate and/or have missing backup documentation.
7.7.2.At a minimum,invoices shall include the following:
Division Name
1 Contract Number
I Purchase Order Number
i Work Order Number(if applicable)
Serviced Line Items
Work Site Location
3
S
16Cl
7.8 UNLESS SPECIFICALLY AGREED UPON IN THE COUNTY WORK ORDER,it shall be the County's
responsibility to/for the following: (i) provide general jobsite safety with respect to the area(s)
outside of Vendor's crane operations; (ii) provide accurate load weights; (iii) provide control,
supervision and responsibility for hooking and unhooking loads; (iv) inspecting any type of
connection, lug, sling, rope, eye, C-ring, chain, shackle, hook,specialized rigging,or frame that is not
provided by Vendor;(v)provide competent and qualified signal persons to direct Vendor's equipment
operators; and (vi) provide lift directors and/or site supervisors to supervise and direct rigging
crews and crane operations.
Furthermore, the County verifies signal person(s) and rigger(s) supplied by the County
are qualified as defined and required by OSHA Regulations, 29 CFR 1926.1425 & 1428 with the
documentation available on site.Vendor's indemnity, defense, and insurance obligations specifically
exclude claims to the extent caused by a)rigging or signaling duties performed by the County or other
parties hired by the County;orb)the County's use of unqualified personnel to perform such duties.
CA0)
1 6C1
Exhibit B
Fee Schedule
following this page (containing 1 pages)
Page 16 of 17
Fixed Term Service Agreement
[2024_ver.3]
C,n
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Invitation to Bid No.24-8228
Crane Rental Services with Operator
Exhibit B
Fee Schedule
Category f: 40 Ton Hydraulic Truck Crane w/Oncratar
Item No. Description Hourly Rates
I Crane Service rate per hour-Straight Time $ 187.50
2 Spotter Service rate per hour -Straight Time $ 95.00
Category 2: Stl Ton Hydraulic Truck Crane w/Operator
!tent No. Description hourly Rates
:5 Crane Service rate per hour -Straight Time 207.50
4 Spotter Service rate per hour -Straight Time $ 95.00
Category 3: 60 Ton Hydraulic Truck Crane w/Operator
Item No. Description Hourly Rates
5 Crane Service rate per hour -Straight Time $ 227.50
6 Spotter Service rate per hour -Straight Time w 95.00
Category 4: 70 Ton Hydraulic Truck Crane w/Oncrator
ltean No. Description hourly Rates
7 Crane Service rate per hour -Straight Time $ 262.50
8 Spotter Service rate per hour -Straight Time $ 95.00
After hours and Urgent Fees
Urgent Fee-Must be pre-approved in writing by requesting Division. $ 250.00
ARer hours 1.5 X Straight
Time Hourly
1 6C1
Other Exhibit/Attachment
Description: -- - - -
following this page (containing pages)
[l this exhibit is not applicable
Page 17 of 17
Fixed Term Service Agreement
[2024_vcr,3]
1 6C1
AFFIDAVIT REGARDING LABOR AND SERVICES
Effective July 1, 2024, pursuant to§787.06(13), Florida Statutes, when a contract is executed, renewed, or extended
between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the
governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under
penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.
Nongovernmental Entity's Name: Maxim Crane Works,L.P
Address: 300 DUNNING STREET CANONSBURG,PA 15317
Phone Number: 704-509-2629
Authorized Representative's Name: Monty Glover
Authorized Representative's Title: Regional Vice President
Email Address: mglover@maximcrane.com
AFFIDAVIT
1 Monty Glover (Name of Authorized Representative),as authorized representative attest
that Maxim Crane Works (Name of Nongovernmental Entity)does not use coercion for labor or
services as defined in §787.06, Florida Statutes.
Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
MontyGlover °c�v•a�errce
DM°2025.012108 OH-0500
(Signature of authorized representative) Date
STATE OF FLORIDA
COUNTY OF BROWARD
Sworn to(or affirmed)and subscribed before me, by means of 0 physical presence or 0 online notarization this
24 day of January 20_, by Monty Glover (Name of Affiant),who produced their
as identi ' ation or are personally known to me.
MONICA YANC.1 e
%uC1ic•State;=.cr•.ca
Ccmmissier-.
Notary Public(not require when digital) M�Comm.:x,ires M:, 2027
sorcee through Natiora:�ctary assr.
wr
05/08/2027
Commission Expires
Personally Known a OR Produced Identification
Type of Identification Produced:
CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1