1703 PRMG piggyback/Lakeland RFQ 4283� qb�)
UpRirj Tuesday, April 07, 2015
—1877=
TO: City Clerk/Mayor
RE: PRMG piggyback contract with the City of Lakeland RFQ No. 4283
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
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Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Mayor's signature
Safe keeping (Vault)
ut City Manager
Payment on
❑ City Manager Signature
® City Clerk Attest/Signature
❑ City Attorney /Signature
Once completed, please:
® Return originals to Purchasing- Department Marisol
❑ Return copies
Special Instructions:
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From/
TADept_forms \City Clerk Transmittal Memo - 2009.doc
Date
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Contract Agreement Name: PRMG piggyback contract with the City of Lakeland RFQ
No. 4283
rc sing pager Da
Finance irector
Date
Date
'�/' 9 - If 0-
City Of Sanford Piggyback (City of Lakeland)
Agreement With Public Resources Management Group, Inc. (Comprehensive
Rate, Impact Fee, and Cost of Services Study
Consultant Services)
The City of Sanford ( "City ") enters this "Piggyback" Contract with Public Resources
Management Group, Inc., a Florida corporation, authorized to do business and doing
business in the State of Florida, (hereinafter referred to as the "Vendor "), under the terms
and conditions hereinafter provided. The City and the Vendor agree as follows:
1. The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
government of the City of Lakeland, Florida, said contract being identified as the "Contract
And Agreement For Comprehensive Rate, Impact Fee, And Cost Of Services Study" (City
Of Lakeland Water Utilities Department, September 19, 2014, R.F.Q. NO. 4283). The
piggybacked contractual provisions are all as described in Exhibit "A" and further
referenced below; said original contract with the City of Lakeland being referred to as the
"original government contract ".
2. The original government contract is incorporated herein by reference and is
attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original
government contract are fully binding on the parties and said terms and conditions are
incorporated herein.
3. Notwithstanding the requirement that the original government contract is fully
binding on the parties, the parties have agreed to modify certain technical provisions of the
original government contract as applied to this Contract between the Vendor and the City,
as follows:
(a). Time Period ( "Term ") of this Contract: N /A. That is the term of this contract is
commesurate ith the term of the original government contract with work orders being
completed as directed in the work orders issued hereunder.
(b). Insurance Requirements of this Contract: N /A. That is, the City shall be
protected and insured by the Vendor to the same extent, at a minimum, as is the City of
Lakeland under the terms and conditions of the original government contract.
(c). Any other provisions of the original government contract that will be modified:
(1). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he /she /it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue;
Sanford, Florida 32771. The City Manager's designated representative for this Contract is
Page 1
Cynthia Lindsay, Finance Director, City of Sanford, Post Office Box 1788, 300 North Park
Avenue; Sanford, Florida 32771 -1778, telephone number (407- 688 -5020) and whose e-
mail address is: Cynthia. Lindsay @Sanfordfl.gov.
(2). Notwithstanding anything in the original government contract to the contrary,
the venue of any dispute will be in Seminole County, Florida. Litigation between the parties
arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate
jurisdiction. The law of Florida shall control any dispute between the parties arising out of
or related to this Contract, the performance thereof or any products or services delivered
pursuant to such Contract.
(3). Notwithstanding any other provision in the original government contract to the
contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non - binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(4). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the City,
and the laws of any Federal, State, or local regulatory agency or entity.
(5). Payments shall be made after the tendering of a valid invoice in accordance
with the provisions of the Local Government Prompt Payment Act.
(d). All other provisions in the original government contract are fully binding on the
parties and will represent the agreement between the City and the Vendor.
SIGNATURE PAGE FOLLOWS
Page 2
Attest.
Robert J. Ori
President/Treasurer /Director
Attest:
Cynthia orter, City Clerk
For use and reliance of the
Sanford City Commission only.
Approved,ps to form and legali
ri,Warn L:`-Colbert, Ci Attbfndyy
l j
Public Resources Management
Group, Inc.
may.
Henry L. Tho'm'as
Vice President/Se retary/Director
Date: .3/5/7D /S
City Of Sanford
Jeff Triplett,
Page 3
Date: I/-
DEPARTMENT OF WATER UTILITIES
501 East Lemon Street —A68
Lakeland, Florida 33801 -5079
(863) 834 -8316 FAX (863) 8346274
www .waterutilities.laketandgov.net
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City of "TREATING YOUR WATER SERIOUSLY"
LAKELAND
Tom Mattiacci, J.D., P.E. Engineering Supervisor Gina Graham, Water Utilities Construction Coordinator
February 11, 2015
Mr. Henry Thomas, Senior Vice President Via FedEx
Public Resource Management Group, Inc_ 8060 69313573
341 North Maitland Avenue
Suite 300
Maitland, Florida 32751
Reference: Consulting Services for the Comprehensive Rate Impact Fee and Cost of Service Study
for the City of Lakeland Water Utilities Department
Subject: Transmittal of Executed Agreement
Dear Henry:
Via this correspondence we are transmitting to you an original copy of the agreement for services.
If you have any questions, or if I can provide you additional information, please call me at the
above listed telephone number.
Sincerely,
Torn Mattiacci
Water Utilities Engineering
CONTRACT AND AGREEMENT FOR
COMPREHENSIVE RATE, IMPACT FEE AND COST OF SERVICES STUDY
K '
THIS AGREEMENT is entered into as of this (� � day of F i' A 4 � � 2015 by and-between-the CITY
OF LAKELAND, FLORIDA, a municipal corporation under the laws of the State of Florida, whose
address is 228 South Massachusetts Avenue, Lakeland, Florida 33801, hereinafter referred to as "City",
and PUBLIC RESOURCES MANAGEMENT GRO -Up, INC., whose address is 341 N. WJTLAND
AVENUE, SUITE 300, MAITLAND, FL 32751, hereinafter referred to as "Consultant."
WITNESSETH:
WHEREAS, City has requested competitive proposals under guidelines established by the -State of Florida
in the Consultants Competitive Negotiation Act (FS 287.055) for professional services associated with the
Comprehensive Rate, Impact Fee, And Cost Of Services Study and the requisite deliverables; and
WHEREAS, Consultant has submitted to the City a proposal in accordance with the terms of
said request for competitive proposals; and
WHEREAS, the City, in the manner prescribed by law, has determined and declared the aforesaid
Consultant to be the best evaluated Proposer for the said work and hereby duly awards to the Consultant a
contract therefor, for the sum or stuns named herein; and
WHEREAS, Consultant is willing to provide such professional services;
NOW, THEREFORE, in consideration of the compensation to be paid to the Consultant, and of the
mutual agreements herein contained, the parties hereto have agreed, and hereby agree, as follows:
1.0 INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated herein by reference.
2.0 •TERM
This Agreement is to become effective upon execution by both parties, and shall remain in effect until
September 30, 2019, unless terminated as provided for herein.
3.0 DESCRIPTION OF SERVICES
3.1 The Scope of Services generally to be provided by'the Consultant may include any or all phases of
professional services associated with production of a Comprehensive Rate, Impact Fee, And Cost Of
Services Study. The scope, schedule, and fees associated with the work to be carried out through this
Agreement are more clearly defined in the attached "Exhibits A and B — Scope of Services ".
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the services at any time by giving written notice to Consultant. If such -
changes increase (additional services). or decrease or eliminate any amount of work; City and Consultant
will'negotiate any change in total cost or schedule modifications. If the Parties approve .any change, a
Contract Agreement Change Order will be issued to reflect the changes, and Consultant shall be
compensated for said services in accordance with the terms of Article 6.0 herein. All change orders must
be authorized in writing by City's and*.Consultant's designated representatives.
4.2 All of City's said Contract Agreement Change Orders and amendments thereto shall be performed in
strict accordance with the terms of this Agreement insofar as they are applicable.
5.0 COST AND SCHEDULE
5.1 Consultant shall perform services in conformance with the mutually agreed upon cost and schedule
set forth in "Exhibit A — Scope of Services" for the annual revenue sufficiency analysis and "Exhibit B —
Seope of Services" for the capacity charge analysis. "Exhibit C — Schedule of Direct Labor Hourly
Rates and Standard Cost Rates" shall provide the standard hourly billing rates for services provided to
the City. Consultant shall complete all of said services in a timely manner and will keep City apprised
of the status of work on at least a monthly basis.
Should Consultant fall behind the agreed upon schedule, it shall employ such resources so as to comply
with the agreed upon schedule at no additional cost to the City except as provided in Section 21.0
Force Majeure, herein.
5.2 No extension for completion of services shall be granted to Consultant without City's prior written
consent, except as provided in Sections 4.1 and 21.1 herein.
6.0 METHOD OF PAYMENT FOR SERVICES AND EXPENSES
6.1 Payment/Compensation: City agrees to pay or compensate the Consultant for the Professional Services
on a lump sum basis for each major phase of the work as set forth in "Exhibit A — Scope of Services ".
6.2 Times of Payments: At monthly intervals, Consultant shall submit statements for work completed.
The statements shall be based on the percentage of the work completed within the billing period.
6.2.1 At the end of each billing period, the Consultant shall provide to the City a report showing
the actual progress of the work completed compared to the Project schedule for completion of the
work to the end of such period. The report shall include a narrative of the project status.
6.3 Payment shall be. due and payable within 45 days after receipt by Owner. In the event Owner
disputes any invoice item, Owner shall give Consultant written notice of such disputed item within ten (10)
days after receipt of such invoice and shall pay to Consultant the undisputed portion of the invoice
according to the provisions hereof. Interest shall not be charged on any disputed invoice item which is
finally resolved in Owner's favor. Payment of interest shall not excuse or cure any default or delay in
payment of amounts due.
6.4 Other Provisions Concerning Payments: In the event of termination by City under Section 20.0
during the performance of the Services, payments due Consultant up to the point of termination, including
payments for services rendered, and all costs incurred shall constitute total payment for such services.
7.0 RIGHT TO INSPECTION
7.1 City or its agents shall at all times have the right to review or observe the services performed by
Consultant.
7.2 No inspection, review, or observation shall relieve Consultant of its responsibility under this
Agreement.
8.0 PROGRESS MEETING
8.1 The Consultant shall schedule and call progress meetings as necessary on at least a monthly
basis as set forth in the scope of services. Consultant's Project Manager and all other appropriate
personnel shall attend such meetings as designated 'by City's Project Manager. Provided that the
Consultant's and City's Project Managers both agree, progress meetings may be held less frequent than
stipulated above. The Consultant shall be responsible for compiling and distributing the minutes of each
meeting.
9.0 INSURANCE AND HOLD HARMLESS/iNDEMNIFICATION
Consultant shall maintain in force during the term of this Agreement, at its own expense, insurance as set
forth in Exhibit D and Exhibit E, which is hereby made a part of this Agreement and shall be
bound by the terms of the Hold Harmless /Indemnification provisions expressed therein.
10.0 SAFETY
10.1 Consultant agrees to comply with City's published safety standards while on the property of City. A
copy of these standards is provided in Exhibit F.
10.2 Consultant shall have full responsibility and assume all liability for the safety and supervision of its
employees while performing services provided hereunder.
11.0 REASONABLE ACCESS
During the term of this Agreement, City shall grant Consultant reasonable access to the City's premises for
purposes of fulfilling its obligations under this Agreement. In addition, the City shall have reasonable
access to the Consultant's facilities for the purposes of assuring the work is proceeding as scheduled and
performed by competent individuals under the Consultant's employ.
12.0 COMPLIANCE WITH LAWS AND REGULATIONS
Consultant shall comply with all requirements of federal, state, and local laws, rules, regulations, standards,
and/or ordinances applicable to the performance of this Agreement.
13.0 REPRESENTATIONS
13.1 Consultant represents that the services provided hereunder shall conform to all requirements of
this Agreement and the Contract Documents incorporated by reference herein, and shall be consistent with
recognized and sound practices and procedures, and shall conform to the customary standards of care, skill,
and diligence appropriate to the nature of the services rendered.
13.2 Consultant represents that the personnel furnishing such services shall be qualified and competent to
perform the services assigned to them and that such guidance given by and the recommendations and
performance of such personnel shall reflect their best professional knowledge and judgment.
13.3 Consultant represents that Consultant will cooperate to the fullest extent with the City's and all other
consultants and contractors that may be working on site.
13.4 Subject to the provisions of this Section, should Consultant breach the warranties set forth herein,
City shall have such remedies as may be provided at law or equity.
13.5 Without limiting the generality of the foregoing, if the Consultant completes its services under this
Contract Agreement, and it is shown that the Consultant's services are noncomplying, defective, or
otherwise improperly performed and City notifies Consultant in writing that a defect, error, omission or
noncompliance has been discovered in Consultant's services, Consultant shall, at the option of City: (a)
correctly re- perform such noncomplying, defective, or otherwise improperly performed services at no
additional cost to City; (b) refund the amount paid by City attributable to such noncomplying, defective, or
otherwise improperly performed services; or (c) if Consultant fails to take action under (a) above, at
Consultant's sole expense, otherwise cure or have cured any such noncomplying, defective, or otherwise
improperly performed services.
The only representations made by Consultant are those expressly enumerated in this provision. Any other
statements of fact or descriptions expressed in the contract or any attachments thereto, shall not be deemed to
constitute a warranty of the work or any part thereof. THE REPRESENTATIONS SET FORTH IN THIS
PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WHETHER
STATUTORY, EXPRESS OR IMPLIED (INCLUDING ALL REPRESENTATIONS OF
MERCHANTABILITY AND FITNESS FOR DEALING AND USAGE OF TRADE).
14.0 GUARANTEE AGAINST INFRINGEMENT
Consultant guarantees that all services provided under this Agreement shall be free from claims of patent,
copyright, and trademark infringement. Notwithstanding any other provision of this Agreement,
Consultant shall indemnify, hold harmless, and defend City, its officers, directors, employees, agents,
assigns, and servants from and against any and all liability, including expenses, legal or otherwise, for
actual or alleged infringement of any patent, copyright, or trademark resulting from the use of any goods,
services, or other items provided under this Agreement.
15.0 LIMIT OF LIABILITY
Consultant's total liability to City for all claims, losses, damages, and expenses resulting in any way from
the performance or nonperformance of this Agreement by the Consultant, shall be limited to, (i) for
General Liability claims, the minimum limit of General Liability insurance, as shown on Attachment 1, (ii)
for Professional Liability claims, the minimum limit of Professional Liability insurance, as shown on
Attachment No. 1.
16.0 DOCUMENTS
16.1 Upon City's or its designated Project Manager's request, at any time during the term of this
Agreement or upon completion or termination of this Agreement, Consultant shall provide City or its
designated Project Manger with a copy of all documents prepared by Consultant under this Agreement.
City understands that re -use of any documents for any other purpose, shall be at the City's own risk.
Consultant shall retain its rights in its standard drawing details, designs, specifications, databases, computer
software and any other proprietary property so labeled.
16.2 The parties acknowledge that the City is a Florida municipal corporation and subject to the
Florida Public Records Law.
16.3 Any work perfonned under this Agreement by Consultant shall not be copyrighted by
Consultant.
17.0 ASSIGNMENT
17.1 Consultant shall not assign or subcontract this Agreement, or any rights or any monies due or to
become due hereunder without the prior, written consent of City except that it may be assigned without
such consent to a wholly owned subsidiary of either party.
17.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by
Consultant, Consultant shall be fully responsible to City for all acts and /or omissions performed by the
subcontractor as if no subcontract had been made.
17.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City
shall so notify Consultant who shall take immediate steps to remedy the situation.
17.4 If any part of this Agreement is subcontracted by Consultant, prior to commencement of any work
by the subcontractor, Consultant shall require the subcontractor to provide City and its affiliates with
insurance coverage as set forth by the City Director of Risk Management.
18.0 INDEPENDENT CONTRACTOR
Consultant shall be considered an independent contractor during the term of this Agreement.
19.0 DEFAULT
If, during the term of this Agreement, Consultant shall be in default of any of the material provisions of
this Agreement, City may suspend its performance hereunder until such delinquency or default has been
corrected provided, however that no suspension shall be effective unless and until City gives written notice
of the default to Consultant with at least (10) days to cure such default. If Consultant falls to correct such
delinquency or default within thirty (30) days of suspension by City, City may terminate this Agreement.
20.0 TERMINATION
Notwithstanding any other provision of this Agreement, City may, upon writing notice to Consultant
terminate this Agreement if. (a) Consultant is adjudged to be bankrupt; (b) Consultant makes a general
assignment for the benefit of its creditors; (c) Consultant fails to comply with any of the conditions or
provisions of this Agreement; or (d) Consultant's experiencing a labor dispute which threatens to have a
substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or
remedy City may have under this Agreement. In the event of such termination, City shall be liable only for
the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for
work, properly performed prior to the effective date of termination.
21.0 FORCE MAJEURE
Any delay or failure of .either party in the performance of its required obligations hereunder shall be
excused if and to the extent caused by acts of God, Fire, Flood, windstorm, explosion, riot, war, sabotage,
strikes, court injunction or order, federal and /or state law or regulation, order by any regulatory agency, or
cause or causes beyond the reasonable control of the party affected. provided that prompt written notice
of such delay is given by such party to the other and each of The parties hereunto shall be diligent in
attempting to remove such cause or causes, and should such circumstances occur, the non- performing party
shall, within a reasonable time of being prevented from perfonming, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Consultant shall be entitled to an equitable adjustment in schedule and
may be entitled an adjustment compensation in the event such circumstances occur. If any circumstance of
Force Majeure remains in effect for one hundred and twenty (120) days, either party may terminate this
Agreement.
22.0 GOVERNING LAW & VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance
with the laws of the State of Florida. Venue shall be the Circuit Court of the Tenth Judicial Circuit Polk
County, Florida, or the United States District Court in and for the Middle District of Florida, Tampa,
Division.
23.0 HEADINGS
Paragraph headings are for the convenience of the parties only and are not to be construed as part of this
Agreement.
24.0 SEVERABILITY
In the event any portion or part of this Agreement is deemed invalid, against public policy, void, or
otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the
affected provision of this Agreement. The validity and enforceability of the remaining parts thereof
shall otherwise by fully enforceable.
25.0 WAIVER AND ELECTION OF REMEDIES
25.1 Waiver by either party of any terms, condition, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
25.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding
unless in writing and signed by a duly authorized representative of each party hereto.
26.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
City and Consultant.
27.0 PROHIBITION AGAINST CONTINGENT FEES
Consultant warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the Consultant, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
28.0 ENTIRE AGREEMENT
This Agreement, including the Schedules, Attachments, Appendix's and Exhibits attached hereto,
constitutes the entire agreement between City and Consultant with respect to the services specified and all
previous representations relative thereto, either written or oral, are hereby annulled and superseded.
30.0 CONSEQUENTIAL DAMAGES
Notwithstanding any provision in this Agreement to the contrary, and to the fullest extent
pennitted by law, the Parties (including any of their related or affiliated companies) shall not be liable to
each other for any special, indirect, incidental, or consequential damages resulting in any way from the
performance or non - performance of the services.
31.0 NO TIC
Any Contractual notices required to be given by the terms of this Agreement shall be delivered by hand
or mailed, postage prepaid, to:
For Consultant:
Public Resources Management Group, Inc.
Attn: Henry L. Thomas, Senior Vice President
341 N. Maitland Avenue, Suite 300
Maitland, FL 32751
For City:
City of Lakeland, Dept. of Water Utilities
Lakeland Electric & Water Administration Building
Attn: Tom Mattiacci, Manager of Engineering
501 E. Lemon Street
Mail Code W- ADMIN/BNG
Lakeland, FL 33801 -5086
(863) 834 -8316 FAX: (863) 834 -6178
E -mail: tom.mattiacci@lakelandgov.net
Either party may change the name of the person receiving notices and the address at which notices
are received by so advising the other party in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dated indicated below:
CITY OF LAKELAND, FLORIDA
By: -6 � I /
R. HOWARD WIGGS
Mayor
Attest: i��
KELLY S. Kb-,6S
City Clerk
Date: 107 ' 63- ° -)%
APPROVED TO FORM AND CORRECTNESS:
TIMOTHY J. MCCAUSLAND City
Attorney
j `t OF
r
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PUBLIC RESOURCES MANAGEMENT
GROUP, INC.
7
By:
Henry L homas
Senior Vice President
Attest:
Its
Date: )C:y1l,lC'.0 r�1'l`J
(Corporate Seal)
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EXHIBIT A
CITY OF LAKELAND, FLORIDA
ANNUAL REVENUE SUFFICIENCY ANALYSIS
SCOPE OF SERVICES
The scope of services to be performed by Public Resources Management Group, Inc. (PRMG)
associated with the preparation of an updated financial forecast and revenue sufficiency analysis
on behalf of the City of Lakeland (the "City ") is summarized below by major task item.
Task 1 — Data Acquisition and Review: PRMG will gather current information and data
regarding the management and operations of the City. The information requested will include,
but not be limited to:
A. Detailed financial and statistical data as required to prepare the Financial Forecast;
B. Information regarding the status of developer agreements and anticipated customer
growth;
C. Information related to the capital improvement plan;
D. Debt service and financing assumptions; and
E. Other related financial and statistical information.
Task 2 — Evaluation of Actual Operating Results: Based on the most updated financial
information, PRMG will evaluate differences between the City's latest rate study forecast and the
actual operating results that occurred for Fiscal Year 2014 and Fiscal Year 2015 year -to -date.
PRMG will evaluate changes in revenues & sales, operating expenses, capital expenditures
funded with rates, debt service payments, and other financial requirements of the water and
wastewater systems. The evaluation results will be used to develop a new financial forecast for
the five (5) years ended September 30, 2019
Task 3 — Projection of Revenues: Based on the evaluation of actual operating revenues, PRMG
will update its projection of revenues to include the five (5) years ended September 30, 2019.
The new projection will be based upon the existing water and wastewater rates and will be
adjusted to reflect overall variances related to changing customer water usage patterns. This task
does not include an in depth analysis of each customer class nor the revenues produced at each
service level.
Task 4 — Projection of Future Operating Results: PRMG will develop a five (5) year projection
of operating results for the water and wastewater systems based on amendments to the Fiscal
Year 2015 budget, if any, the City's Capital Improvement Plan (CIP), and other planning criteria.
The update will reflect changes associated with year -to -date actual operating results and
A -1
incorporate the most recent financial assumptions and data available from the City. To the extent
that the City has prepared a preliminary Fiscal Year 2015 Operating Budget, PRMG will
incorporate such information into the financial projections. The projected operating results will
be based on, but not limited to, the following:
A. Historical trends in operations;
B. The current year's operating budget;
C. The capital improvement program;
D. Recognition of any changes in operations as result of new capital facilities, regulatory
mandates and City policy;
E. Recognition of inflationary allowances and the effects of system growth upon the cost of
future operations;
F. Recognition of restricted and unrestricted cash balances and reserves available for system
operations and capital improvement program expenditures;
G. Information regarding the capital funding plan developed in conjunction with the City;
H. The rates currently in effect; and
I. Other information as deemed appropriate by PRMG or City staff.
The projection of future operating results will also include an analysis of compliance with the
covenants associated with the issuance of the outstanding revenue bonds and other loan
requirements and the sufficiency of rates to satisfy the system revenue requirements. This task
does not include the development of new water and wastewater rates, but rather is intended to
estimate the sufficiency of the City's existing rates through Fiscal Year 2019.
Task 5 — Prepare and Present Findings: PRMG will attend a total of six (6) meetings to evaluate
and discuss study findings and conclusions with the City Commission, City Management and
Staff. Specifically, PRMG will attend the following:
Two (2) meetings to discuss preliminary results with City staff.
Two (2) meetings to review the preliminary budget with City Management.
Two (2) additional meetings to present the study results to the City Commission and to
attend a public hearing on rates, if necessary.
COMPENSATION AND BILLING
Based on the Scope of Services as summarized herein and the direct hourly labor billing rates as
identified in Attachment A, we propose a not -to- exceed annual budget of $27,000 for the project.
This budget amount includes the direct cost of personnel anticipated to be assigned to the project
A -2
as well as any indirect costs such as telephone, reproduction, printing and shipping charges. The
costs incurred by PRMG for such indirect costs, if any, will be billed to the City based on actual
cost or on the standard unit cost rates as summarized on Attachment A. PRMG will bill the City
on a monthly basis for the consulting services provided on behalf of the System based on the
sum of: i) direct labor cost based upon the actual hours of service furnished toward the
completion of the project; and ii) any direct expenses incurred during the month associated with
the project. No additional services above the cost estimate will be performed without the prior
written authorization of the City.
ADDITIONAL SERVICES
Although not anticipated at this time, the City may request additional services by PRMG. The
cost of performing such additional services will be based upon the actual hours involved in
providing the services and PRMG's current schedule of direct labor rates. Examples of such
additional services include, but are not limited to, the following:
1. Requests for updated analyses and /or additional financial scenarios after substantial
completion of the work;
2. Requests to design utility rates based upon cost of service principals and/or to develop new
utility rates for specific and/or unique customer services;
Requests for additional reports, correspondence or presentations and/or the attendance of
additional public meetings; and
4. Development of a feasibility report required by the issuance of a loan or debt on behalf of
the System.
DELIVERY SCHEDULE
After being given notification to proceed by the City and after receiving substantially all of the
data necessary to initiate the study, PRMG will summarize the preliminary results of its analysis
and present the findings to City staff within sixty (60) days.
(Remainder of page intentionally left blank)
A -3
IWA41111,31 1
CITY OF LAKELAND, FLORIDA
WATER AND WASTEWATER CAPACITY CHARGE ANALYSIS
SCOPE OF SERVICES
The scope of services to be performed by Public Resources Management Group, Inc. ( "PRMG ")
on behalf of the City's water and wastewater utility system (the "System ") is to: i) review the
capacity charges / impact fees for the water and wastewater systems to ensure that such fees
recover the capital. costs related to new development; and ii) provide assistance in the
implementation of such fees. The. following is a summary of the tasks to be performed for the
proj ect:
Task 1: Data Compilation. and Review
A detailed data request will be prepared for the City to compile specific information relative to
the existing and future utility fixed assets in- service, including capacity entitlements as may be
applicable, and the capacity of such assets available to serve to new development. PRMG` will
prepare a written data request and will interview staff members and the City's consulting
engineers to collect capital and planning documentation as well as other relevant information
needed to perform the impact fee study. Information to be obtained will include current fixed
asset data, current capital improvement plans of each utility system, inventory of existing
facilities as it 'relates to capacity and utilization, customer statistical information, and other
related information:
Task 2: Evaluation of Existing Fixed Assets
PRMG will evaluate existing facility costs and incremental capital costs necessary to provide
utility service to future service area growth. PRMG will functionalize the cost of utility assets -to
the service categories (e.g., treatment, transmission, etc.) in order to develop the proposed
capacity charges.
Task 3: Review of Levels of Service and Capacity Analysis
Based on existing level of service (LOS) standards and constructed plant capacity, an analysis of
the City's existing and projected ERC requirements will be conducted. This analysis is necessary
to evaluate the capacity utilization of the water and-wastewater facilities from both an .existing
and prospective capital facility standpoint.
Task 4: Impact Fee Comparison
A comparison of the individual water and wastewater impact fees, in both terms of the level of
the fee charged and the basis for application of the fee to new developments for neighboring
utilities will be prepared. This task will be performed concurrent with the capacity charges.
B -1
Task 5: Evaluation of Capital Improvement Program
PRMG will review the City's, capital improvement plan and capacity additions necessary to serve
growth and incorporate the capital improvement plan into the fee analysis. PRMG will work
with City staff to identify capital expenditures that: i) are allocable to new development or
growth within the identified capital planning horizon; ii) serve to upgrade or enhance utility plant
that has remaining capacity allocable to growth; and iii) are for renewals and replacements of
assets associated with serving existing customers and capacity.
Task 6: Design of Development (Impact) Fees
Based on the LOS standards and the identified capital costs associated with serving new
development, PRMG will develop proposed capacity charges for water and wastewater service
for the City. The fees will be developed recognizing the reservation and utilization of capacity
by an equivalent residential customer (e.g., single - family residential).
Task 7: Review of Development (Impact) Fee Ordinance
PRMG will provide assistance to the City staff and legal counsel in the development of the
impact fee ordinance. PRMG will provide an overall review function of the ordinance for
general consistency with the proposed impact fees, application of the fee, and other policies of
the City.
Task 8: Report Preparation and Presentation
PRMG will prepare: i) a technical memorandum or report documenting our assumptions,
analyses, and primary data sources; and ii) a briefing document to summarize the study results.
CITY STAFF ASSISTANCE
The following is a list of the tasks anticipated to be performed by the staff of the City to assist
PRMG in providing the services on a timely basis:
The gathering of specific customer, operational and facility data and information;
2. Assistance with compiling data if not in a usable format in the general records and reports
of the City;
Assistance in the formulation of policy or strategy decisions;
4. Assistance in the public relations program and scheduling of meetings to review results;
and
5. General review and comments on the results of our analyses and reports to the City.
COMPENSATION AND BILLING
Based on the Scope of Services as summarized herein and the direct hourly labor billing rates as
identified in Attachment A, we propose a not -to- exceed budget of $12,500 for the project. This
budget amount includes the direct cost of personnel anticipated to be assigned to the project as
well as any indirect costs such as telephone, reproduction; printing and shipping charges. The
costs incurred by PRMG for such indirect costs, if any, will be billed .to the City based on actual
cost or on the standard unit cost rates as summarized on Attachment A. ;PPMG will bill the City
on a monthly basis for the consulting services provided on behalf of the System based on the
sum of: i) direct labor cost based upon the actual hours of service furnished toward the
completion of the project;--and ii) any direct expenses incurred during the month associated with
the project. No' additional services above the cost estimate will be performed without the prior
written'authorization of the City.
DELIVERY SCHEDULE
After"being given notification to proceed by the City and after receiving substantially all of the
data necessary to initiate the study, PRMG will summarize the preliminary results of its analysis
and present the findings to City staff within sixty (60) days.
(Remainder of page intentionally left blank)
B3
X: R
PUBLIC RESOURCES M:ANAGFATENT GROUP, INC.
SCHEDULE OF DIRECT LABOR HOURLY RATES AND STANDARD COST RATES
DIl2ECT LABOR HOURLY RATES
Direct Labor
Project Team Title Hourly Rates_
Principal $180.00
Associate $130.00
Managing Consultant $120.00
Supervising Consultant $115.00
Senior Consultant $110.00
Rate Consultant $100.00
Consultant $ 90.00
Senior Rate Analyst $ 80.00
Rate Analyst $ 70.00
Analyst $ 60.00
Assistant Analyst $ 50.00
Administrative $ 50.00
j *] Direct labor hourly rates effective twelve months after the date of execution of the
Agreement; rates will be adjusted by not more than the net percentage change (but
not less than 0 %) in the Consumer Price Index — Urban Consumers per annum
(rounded to the nearest dollar) or as mutually agreed between parties for invoices
rendered after each anniversary date of each year thereafter until project
completion or termination of the Agreement between the parties.
STANDARD COST RATES
Expense Description
Standard Rates [ *1
Mileage Allowance — Personal Car Use Only
$0.485 per mile
Reproduction (black and white) (in house)
$0.05 per page
Reproduction (color) (in house)
$0.25 per page
Reproduction (contracted)
Actual Cost
Computer Time
$0.00 per hour
Telephone Charges
Actual Cost
Delivery Charges
Actual Cost
Lodging/Other.Travel Costs
Actual Cost
Meals
Not to exceed per
PRMG Employee:
$8.00 — Breakfast
$12.00 — Lunch
$25.00 — Dinner
Subconsultant Services
Actual Cost plus 5.0 %
Other Costs for Services Rendered
Actual Cost
[ #) Standard cost rates effective twelve months after the date of execution of the
Agreement, where applicable, rates will be adjusted by not more than the net percentage
change (but not less than 0 %) in the Consumer Price Index — Urban Consumers per
ammum (mimded to the nearest dollar) or as mutually agreed between parties for
invoices rendered after each anniversary date of each year thcrceaNr until project
completion or termination of the Agreement between the parties. Any Standard Rate
adopted by policy by Client will supersede rates shown above.
C -1
1,00149 i C
INSURANCE ICE REQUIREMENTS
Consulting Services (CCNA-) for the Comprehensive`Rate,1 mpact
Fee, and Cost of Services Study for the COL Water Utilities Dept.
STATEMENT OF PURPOSE
The City of Lakeland (the "City") from time to time enters into agreements, leases and other contracts
with Other Parties (as hereinafter defined).
Such Agreements shall contain at a minimum risk management/insurance terms to protect the City's .
interests and to minimize its potential liabilities. Accordingly, the following minimum requirements shall
apply:
CITY DEFINED
The term City (wherever it may appear) is defined to mean the City of Lakeland itself, its Commission,
employees, volunteers, representatives and agents.
OTHER PARTY DEFINED
The term Other Party (wherever it may appear) is defined to mean the other person or entity which is the
counter -party to the Agreement with the City and any of such Other Party's subsidiaries, affiliates,
officers, employees, volunteers, representatives, agents, contractors and subcontractors.
LOSS CONTROL/SAFETY
Precaution shall be exercised at all times by the Other Party for the protection of all persons, including
employees, and property. The Other Party shall comply with all laws, rules, regulations or ordinances
related to safety and health, and shall make special effort to anticipate and detect hazardous conditions
and shall take such precautionary and prompt action where loss control/safety measures should
reasonably be expected.
The City may order work to be stopped at any time, without liability, if conditions exist that present
immediate danger to persons or property. The Other Party acknowledges that such stoppage, or failure to
stop, will not shift responsibility for any damages from the Other Party to the City.
INSURANCE - BASIC - COVERAGES REQUIRED
The Other Party shall procure and maintain the following described insurance, except for- coverage
specifically waived by the City of Lakeland, on policies and with insurers acceptable to the City, and
insurers with AM Best ratings of no less than A.
These insurance requirements_ shall in no way limit the liability of the Other Party. The City does not
represent these minimum imum insurance requirements to be sufficient or adequate to protect the Other Party's
interests or liabilities, but are merely minimums.
Insurance Requirements (cont'd)
INSURANCE — BASIC COVERAGES RE' QUIRED (cont'd) .
"Except for workers' compensation and professional liability, the Other Party's insurance policies shall be
endorsed to name the City of Lakeland as additional insured. It is agreed that the Other Panty's insurance
shall be deemed primary and non - contributory with respect to any insurance or self - insurance carried by
The City of Lakeland for liability arising out. of the operations of this agreement."
Except for workers compensation, the Other Party waives its right of recovery against the City,, to the
extent permitted by its insurance policies.
The Other Party's deductibles/self- insured retentions shall be disclosed to the City and may be
disapproved by the City. They shall be reduced or eliminated at the option of the City. The Other Party
is responsible for the amount of any deductible or self- insured retention.
Insurance required of the Other Party or any other insurance of the Other Party shall be considered
primary, and insurance of the City shall be considered excess, as may be applicable to claims which arise
out of the Hold Harmless, Payment on Behalf of the City of Lakeland, Insurance, Certificates of
Insurance and any Additional Insurance provisions of this agreement, contract, or lease.
Commercial General Liability: This insurance shall be an "occurrence" type policy written in
comprehensive form and shall protect the Other Party and the additional insured against all claims arising
from bodily injury; sickness, disease, or death of any person other than the Other Party's employees or
damage to property of the City or others arising out of any act or omission of the Other Party or its agents,
employees, or Subcontractors and to be inclusive of property damage resulting from explosion, collapse
or underground (xcu) exposures. This policy shall also include protection against claims insured by usual
personal injury liability coverage, and to insure the contractual liability assumed by the Other Party under
the article entitled MEAUNWICATION, and "Products and Completed Operations"
coverage.
The Other Party is required to continue to purchase products and completed operations coverage for a
minimum of three years beyond the City's acceptance of renovation or construction properties.
The liability limits shall not be less than:
Bodily Injury and
Property Damage
$1,000,000
Single limit each occurrence
Business Automobile Liabiity: Business Auto Liability coverage is to include bodily injury and
property damage arising out of ownership, maintenance or use of any auto, including owned, non -owned
and hired automobiles and employee non - ownership use.
The liability limits shall not be less than:
Bodily-Injury and
Property Damage.
$300,000 -
Single limit each occurrence
Workers' Compensation: Workers' Compensation coverage to apply for all employees for statutory
limits and shall include employer's liability with a limit of $100,000 each. accident, $500,000 disease
policy limits, $100,000 disease limit each employee: ( "All States" 'endorsement is required where
applicable). If exempt from Worker's Compensation coverage, as defined in Florida Statue 440, the Other
Party will provide a copy of State Workers' Compensation exemption.
All subcontractors shall be required to maintain Worker's Compensation.
m�a n +t,Pr va,., rt,att aten n„raha -P anv other coverage required by law for the benefit of employees.
Additional Insurance: The City requires the following types of insurance.
Professional Liability/Malpractice/Errors or Omissions. Insurance: The Other Parry shall carry
professional malpractice insurance throughout the term of this Contract and shall maintain such coverage
for an extended period of three (3) years after completion and acceptance of any work performed
hereunder. At all times throughout the period of required coverage, said coverage shall insure all claims
accruing from the first date of the Contract through the expiration date of the last policy period. In the
event that Other Party shall fail to secure and maintain such coverage, Other Party shall be deemed the
insurer of such professional malpractice and shall be responsible for all damages suffered by the City as a
result thereof, including attorney's fees and costs.
The liability limits shall not be less than: $1,000,000
EVIDENCE /CERTIFICATES OF INSURANCE
Required insurance shall be documented in Certificates of Insurance which provide that the City-shall be
notified at least 30 days in advance of cancellation, nonrenewable, or adverse change.
New Certificates of Insurance are to be provided to the City at least 15 days.prior to coverage renewals.
If requested by the City, the Other Party shall furnish complete copies of the Other Party's insurance
policies, forms and endorsements.
For Commercial General Liability coverage the Other Party shall, at the option of the City, provide an
indication of the amounts of claims payments or reserves chargeable to the aggregate amount of liability
coverage.
Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or
by any of its representatives; which indicate less coverage than required does not constitute a waiver of
the Other Party's obligation to fulfill the insurance requirements herein.
To the fullest extent permitted bylaws and regulations, and in consideration of the amount stated
on any Purchase Order or Task Authorization, the Consultant shall indemnify and hold harmless
the City, and its officers and employees, from all liabilities, damages, losses, and costs,
including, but not limited to; reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or
utilized by the Consultant in the performance of this Contract.
In any and all claims against the City, or any of_ its officers or employees, by any person
employed or utilized by the Consultant in the performance of this Contract, this indemnification
obligation shall not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits. payable by or for the Consultant or any other person onorganization
under workers' or workmen's compensation acts, disability benefit acts, or other employee
benefit acts, nor shall this indemnification obligation be limited in any way by any limitation on
the amount or type of insurance coverage provided by the City, the Consultant, or any other
person or organization.
Applicability: It is the express intent of the Consultant that this agreement shall apply for the
project(s) or time period indicated below. (Check and complete one):
X Agreement is applicable to all contracts, purchase orders and other work
performed for the City of Lakeland for the time period of not more. than
five (5) years.
February 16, 2015 to September 30, 2019.
(Date) (Date)
(OR)
Agreement is limited to Purchase Order # , or Contract
dated
Subrogation: The Consultant and its. Subcontractors shall require their insurance carriers,
with respect to all insurance policies, to waive all rights of subrogation against the City, except
for "Professional Liability " In the case of `.`Professional Liability, the Consultant and its
Subcontractors shall require their insurance carriers to waive all rights of subrogation except in
situations where gross negligence is shown on the part of the City.
Release of Liability: Acceptance by the Consultant of the last payment shall be a release to
the City and every officer, and agent thereof, from all claims and liability hereunder for anything
done or furnished for, . or .relating to the work, or for any act or neglect of the City or of any
person relating to or affecting the work unless otherwise_, specified in a. written agreement
(I., I.
Savings Clause: The parties agree that to the extent the written terms of this
Indemnification conflict with any provisions of Florida laws or statutes, in particular Sections
125.06 and 725.08 of thp.:Florida Statutes, the .written terms of this indemnification shall be
deemed by any court of competent jurisdiction to be modified in such a manner as to be in full
and complete compliance with all such laws or statutes and to contain such limiting conditions,
or limitations of liability, or to not contain any unenforceable or prohibited term or terms, such
that this Indemnification shall be enforceable in accordance with and to the greatest extent
permitted by Florida Law.
Public Resources Management Groin, Inc.
BY: —
ftL Ias, Senior Vice President
STATE OF : i-1 c �� (407 628 -2600
Organization Phone Number
COUNTY OF:
The foregoing instrument was acknowledged before me this �- 6 day of k N 2015
by Henri L Thomas Senior Vice President of Public Resources Management Group, Inc.
Printed Name of Owner / Officer Corporate or Company Name
He/Sh is.personally known to me or has produced as
e
state Driver's License Number
identification, and did / did not _' take an oath.
CYNii•ltAVA1.EN[IN
�Sig—,-n�atu A�of rs on Taking Acknowledgment ='
:.: .�: MYCOMMISSfON #FFi35t49
EXPIRES: duly 12, 2018
Bondad7WuNo1mPuWUndetwfhN
GYNTHIAVALENTIN
Printed Name of Person Taking Acknowledgment
CITY OF LAKELAND
BY:
Karen Lukhaub, Director of Risk Management
g-
�
Notary Seal
Page 2 of 2.
�i
SPECIFICATION SAFETY REQUIREMENTS
(Revised June, 2013)
The following safety requirements are" comprehensive in nature with some site specificity;
therefore, not all sections are applicable to every Contract. Please apply those safety
requirements as site or situation dictates. NOTE: All City project representatives who assume
responsibility for contract management will be responsible for insuring compliance with these
safety requirements by all Contractors and/or Subcontractors.
I. GENERAL
A. The Contractor shall comply with all Federal/State Occupational Safety and
Health Act (OSHA) Standards and any other rules and.regulations applicable to
construction and/or maintenance activities in the State of Florida. The Contractor
shall also comply with county, city, or any other agency's rules and regulations
regarding safety.
B. The City's safety personnel 'or any City supervisor may order t hat the work be
stopped if a condition of immediate danger is found to exist. Nothing contained
herein shall be construed to shift responsibility or risk of loss for injuries or
damage sustained as a result of a violation of this Article from the Contractor to
the City, and the Contractor shall remain solely and exclusively responsible for
compliance with all safety requirements and for the safety of all persons and
property at the project site.
C. The parties hereto expressly agree that the obligation to comply with applicable
safety provisions is a material provision of this Contract and a duty of the
Contractor.. The City reserves the right to require demonstration' of compliance
with the safety provisions of this Contract. The parties agree that such failure is
deemed tote a material breach of this Agreement; and the Contractor agrees upon
such breach, all work pursuant to the Contract shall terminate until demonstration
to the City that the safety provisions of this Agreement have been complied with.
In no event shall action or failure to act on the part of the City be construed as a
duty to enforce the safety provisions of this Agreement, nor shall it be construed
to create liability for the City for any act or failure to act. in respect to the safety
provisions of this Agreement.
H. SAFETY EQUIPMENT
All City safety regulations will be strictly adhered to and enforced by the City of
Lakeland Safety Division, which may include work stoppage or removal of Contractor
and/or personnel. These safety regulations include, but are not limited to:
A. All persons ' on City property will wear industrial safety glasses with affixed side
shields . at all times, except when in an office building or construction 'trailer, in the .
enclosed cab of a motor vehicle; or during a break period when "all work has stopped.
B. All persons on City property will wear an approved hard hat in good repair at all
times, except when in an office building or construction trailer, in the enclosed
cab of a motor vehicle, or during a break period when all work -has stopped.
Bump hats, or "cowboy style" hard hats are not acceptable at any time.
C. All persons on City property and in an area where the noise level exceeds 85db,
must wear hearing protection that complies with ANSI 53.19 -74 (ear muffs and/or
approved ear plugs with an NRR of at least 30). This includes areas where noisy
equipment is in use (i.e. jack hammers, electric or air drills, heavy equiprim.ent with
open cabs, pipe cutting saws, etc.) and in a plant environment where posted.
D. Sport or athletic -type style shoes are NOT considered a suitable work shoe and
are not acceptable -as work shoes at this location
E. Any person on City property, in an area where tools are being used that cause or
may cause flying particles or an area where there is a potential of excessive dust
or airborne particles, must wear, in addition to and over their industrial safety
glasses, either soft -sided goggles or a full face shield /protector, and the
appropriate respiratory protection equipment.
F. Where vehicular and/or pedestrian traffic is affected:
1. Maintenance of Traffic
The Contractor shall conduct his work so as to interfere as little as
possible with public travel, whether vehicular or pedestrian. Whenever it
is necessary to cross, obstruct, or close roads, driveways, and walks,
whether public or private, the Contractor shall, at his own expense,
provide and maintain suitable and safe detours or other temporary
expedients for the accommodation of public and private travel, . and shall
give reasonable notice to owners of private drives before interfering
with them. Such maintenance of traffic will not be required when the
Contractor has obtained permission from the owner and tenant of private
property, or from the authority having jurisdiction over public property
involved, to obstruct traffic at the designated point.
2. Barricades and Lights
All -streets, roads, highways,.and other.public thoroughfares, which are
closed to .traffic, shall be protected by effective barricades on which shall
be placed acceptable warning signs. Barricades shall be located at the
nearest intersecting public highway or street on each side'of the blocked
section and all other positions required by applicable standards.
All barricades and obstructions shall be illuminated by means 'of warning
lights from sunset to sunrise: Materials stored upon or alongside public
streets and highways shall be so placed, and at the work at all times shall
be so conducted, as to cause the minimum obstruction and inconvenience
to the .traveling public.
All barricades, signs, lights, and other protective devices shall be installed
and maintained in conformity with applicable statutory requirements and; .
where within railroad and highway rights -of -way, as required by the
authority having jurisdiction thereover.
All Contractor owned or controlled vehicles and /or equipment which will
be operated on or within ten. (10) feet of the roadway will be equipped
with a minimum of one amber 360 degree Class I warning device. This
device must meet minimum standards for utility construction purposes
such as a minimum of 500,000 candlepower and visible from 360 degrees
of mounting. The warning device(s) must be in operation at all times that
a vehicle /equipment is on the roadway or within the ten (10) feet of runoff
area and not in a "normal" travel status.
All personnel, when working within fifteen (15) feet of the roadway, for
fifteen (15) minutes or more must wear approved FDOT reflective vests.
3. Damage to Existing Property
The Contractor will be held, responsible for any damage to existing
structures, work, materials, or equipment because of his operations and
shall repair or replace any damaged structures, work, materials, or
equipment to the satisfaction of, and at no -additional cost to, the City,
unless otherwise addressed in the Contract. .
III. TOXIC SUBSTANCES
The Contractor shall be responsible for compliance any and.all Federal, State or Local
Right -To -Know -Law for its employees and the employees of any and all Subcontractors
the Contractor brings on or causes to be on the project site, inclusive of pesticides and/or
herbicides.
The Contractor shall, between receiving the Contract and corning on the project site to
begin work, provide the City's field representative with affidavits and /or training
documents stating that ALL personnel the Contractor brings on, or causes to be on the
project site, have been given training or possess the appropriate licenses (if required) on
any toxic substances said personnel will be working with or may be exposed to while
working at the job site.
The Contractor shall provide/give to the City's field representative a copy of
manufacturer's MSDS or SDS (as appropriate) ANY and ALL "Toxic Chemicals" used
by or brought on the project site by the Contractor or Subcontractor prior to the
substance(s) being delivered to the City's property.
The Contractor and/or Subcontractor .must be provided MSDS(s) or SDS's (as
appropriate) which is / are in the possession of the City upon receipt of a written request.
The City may establish reasonable procedures for acting upon such requests to avoid
interruption of normal work operations.
Before any work shall.begin, the Contractor shall arrange a meeting to advise City's field
representative about safety and any dangers City employees will be subjected to, due to
the presence of chemicals on the project site.
IV. PLANT SITE EMERGENCY CONDITIONS
In the event a contractor is working on a City of Lakeland Plant Site and a plant site
emergency condition (i.e. major fire, hazardous fluid/gas leak; bomb threat, etc.) occurs
the CONTRACTOR and the CONTRACTOR'S employees shall follow all instructions
issued by the CITY. -Upon notification of plant site emergency, the CONTRACTOR and
all contract employees shall evacuate to the CONTRACTOR'S pairking lot. The CITY
will issue further instructions to the CONTRACTOR indicating when the
CONTRACTOR may.retum to the plant site. All contractors who perform services at
either a wastewater plant or a fresh water . plant or in the vicinity of these areas (within
1000 feet of fence line) shall ensure their personnel are made aware of the presence of
chlorine. This employee awareness must include chemical properties, site, sound and
symptoms related to exposure and the emergency signal and procedure used at the facility
in the event of a release.