1827 Universal Engineering Sciences -1877
L
18 7L
PURCHASING DEFY
TRANsmirrAL MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order ❑ Mayor's signature
❑ Final Plat (original mylars) ❑ Recording
❑ Letter of Credit ❑ Rendering
❑ Maintenance Bond Z Safe keeping (Vault)
❑ Ordinance ❑
❑ Performance Bond
❑ Resolution
Z Universal Engineering Piggyback Contract
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
03# 1:7
Fro nfJ Date
TADept_forms\City Clerk Transmittal Memo-2009.doe
Granulated Activated Carbon (with Universal Engineering Sciences, Inc.)
Piggyback Contract(City of Lakeland)
The City of Sanford ("City") enters this "Piggyback" Contract Universal
Engineering Sciences, Inc., a Florida corporation, authorized to do 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 City of Lakeland, Florida, said contract being identified
as the "Agreement" relating to RFQ Number 4127 and pertaining to services being
described in Exhibit "A" referenced below; said original contract 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; provided, however, that the terms and
condition's proposed in the vendor's "cost proposal and contractual terms", dated
February 23, 2017, are specifically inapplicable and the terms and conditions set
forth at http://www.sanfordfl.gov/index.aspx?page=883 are applicable.
(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: Same as the original
government contract.
(b). Insurance Requirements of this Contract: Same as the original
government contract.
(c). Any other provisions of the original government contract that will be
modified: NIA; provided, however, the City and the Vendor shall negotiate and detail the
specific tasks and to be accomplished as the services to be provided as well as the
compensation for such designated task and services.
(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 except as set forth herein.
(4). 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 David Aldrich, Building Official, City of Sanford,
Post Office Box 1788, 300 North Park Avenue; Sanford, Florida 32771-1778,
telephone number (407-688-5058) and whose e-mail address is:
dave.aldrich a@sanfordfl.gov.
(5). 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.
(6). 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.
(7). 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.
(8). IF THE CONTRACTORIVENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S
(VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-
5012, CYNTHIA PORTER, CITY CLERK, CITY OF
Sanford, CITY HALL, 300 NORTH PARK AVENUE,
SANFORD, FLORIDA 32771,
PORTERC@SANFORDFL.GOV.
SIGNATURE PAGE FOLLOWS:
Entered this" `qday of�( , 2017.
Attest., Universal Engineering Sciences, Inc.
- w
Melvin odriguez Sy Irael
Secretary CEO/Chairman
Date:
Attest. City Of Sanford
OW2, By: / —
G er, City Clerk hepu--y Jeff Triplett, Ma
Date:
Approved as to form and legal sufficiency.
illiam L. Colbert City Attorney
4 P n
Exhibit "A"
[Attach original government contract]
THIS AGREF-APIENT is made and entered into on this ITday of
2014 (the "Effective Date'), by and between the City of LAkeland, Florida, a municipajity organized and
existing in Corrice with the laws of the Sta-,e of Rodda, hereinafter referred to as tis'City", '0-mtedd at
228 South ;bass achusefts Avenue, Lakeland, Florida 33801-5086, and Universa' Engineering Sciences,
inc. a Limfted UaMbiliby
i ____corporanli !0c;!
tom!0t&d at 3532 Maggie BNd., r!&Ido, Florida 328 11
hei-einafter referred to as't "Contractor'.
Y-B-1 14ESS;-7IrH:
WHEREAS, City has pre—A--usly determined that it has a need for Plan review and its sDection
servicos;and
VT S, City issued a Request for Qualificadons for such services pursuant to City of
Lakeland RFO,No.4127((tha'RFQ');and
WHE-'REAS, City has selected Contractor puTsuant to the RFQ to provide Ghe requested semeleas:
and
WHEREAS, Contractor ties reps esent ad, that it is able to satisfSetorily provide the ser ces
according to the terms and conditions of the ar-2 which are incorporated heroin by reference, and the
terinns and conditions contained herein;
N THEREFORE, in consideration of the above and the mutual covenants contained herein,
the parties agree as fonows�
wiew and inspection serAces, both onsite andoffisits, for residential and commercial structures, as
requested and more c-' tallyoutlined in the LIRQthis Agreement, So pe the o, of rvic s attaclivj
E � Se, e
hersto and incorporated herein by reference as Exhibit"A", and all subsequent official documents that
fon t1w Contract Documents for this Agreenief-it,
Z VI Service. Services shall be performed in a timely manner, as specified in the
RFQ,
3. Term of This Agreement shall be in effect for an initial
term W.- (3) years from the Effective Date. This Agreement may be renewed, subject to executior, of a
written agreementbeh-veen the City and Contractor, for up to three (2) additional _arae (1) year..,
period(s)beyond the initial contract period. This option shall be exercised only if all terms and oondifions
remain the some and approval is granted by the City.
4� 2L'jLerejltsans Agreement may be arnended only by mubibi written
agreement of the parties.
5. 69,&M,U,aj11L5iut�Wactjr_lg. The Contractor shaR PerfOrnn this Agreement. No
assignment or subcontraing shall ba- alloy sri vvithoLd thie prior viritten consent of the City. in the event
of a corporate acquisition andlof'rne'ges',f l e CoPtractor shall provide written notice to the City within tilirty
(30)calendar days of Confrator's notice of such action or upon the occurrences;of said action,whichever
cccurs first. The right to terminate this Age eerne it, o4iich shall not be unreasonably IvOthheld by City,
shall include, but not be limited to, Instances in whicha co,mg- rate aN- ams ition ancYor marger represent a
conflict of interest or are cont.rY to any local, state or fad eral laws. Action by the City in selecting a
contractor Which has disclosed its intent to assign or subtaontmct in its response to the BEQ shall
constitute approval for purposes of this Agrearnent
& 19Mingfign. City reserves the right to terminate this Agreement, without cause, by
providing thirty(30)days prior'*-iitten notice to the Contractor of It intention to terminalee,or%Mth cause if
at any Ume the Contr�tor falls to fulfill or abide by any of the tems or conditions specified.
Failure of the Contractor to comply witil any of the provisions of this Agreement shall be
considered a material breach of contraict and shall hus cause for immediate termination of the Agreement
c�
In addition to all other legal remedies available to City, City reserves the right to
cancel and obtain from another source any items which have not been provided within any required
period of time or, if no such time is stated, within a reasonable pariod of time from the date cat order or
request,as determined by City
In addition,in the event that sufficient budgeted funds are not aviailable for,a new fiscal
period,the Clify shall notify the Contractor of such occurrence and the City shall terminate this Agreement
an the last day of the then current fiscal period without penalty or expense to true Cjty.
7. P,,—ohibition af Con The Contractor warrants that it ties not employed or
2
retained any company or person, other than a bona fide employeeworking solely for Contractor,to solicit
or secure this Agreement and that it has rot paid or agreed to pay any person, Company, corporation,
indMdua€or firm Other than a bona fide employee working solely for the C--,ntraotor any fee, commission,
percentage, gift or other misicieratiar, conDgenl UPon or resuffing frorn the awaml or making of this
Agree tent. In the event of breach of this provision, the City, shaR have the right to terminate this
Agrearneent without further liabillity and, in its sole discretion, deduct from the contract price, or othenfisa
recover,the fidil arnourit of any such Tee, COMMfssiM percentage, gift or consideration paid as a result of
said breach,
& r' n2gno-2A—iqn. City shall pay Contractor upon Contractor's Completion or-, and City's
acceptance of,the services required herein, as specfflied In the LRF_Q and as set forth in the Contrautor's
Fee Schedule,attached hereto and lnoorporated herein by reference as Appendix 1. Prices shall remain
firm for the duration of ttle contract. All payinents shall be made in accordance v4th Fla, Stat. §218,70,
gft sem,,the Local Government Prompt Payment Act. Contractor Shall not be enintled to rpirnbursement for
any expenses incurred by Contraifor in performing this Agreement. Clete makes no representation,
v,rarranty or agreement that Contractor 1MIl be provided a minirnurn arnount of work or compensation
pursuant to this Agra-arnent.9. 0,.4.,n rship of Dacrrrryes tom.
All data, specifications, calculations,
estimates, plans, drawings, construction documents, photographs, summaries, reports, memoranda and
other documents, instruments, information and material prepared or accumulated by the Contractor or its
subcontractors in rendering serAces pursuant to this Agreement shall be the sale property of the City,
haav:�
shall Contra otcir be liable orra3ponsible to anyone for the City a use of any such information or material-in
another project or following termination of this AgreemenL
M 2a_YTn!tj-j_Ucenseq. Contractor must secure and maintain any and all permits and
licenses required to complete services pursuant to ibis Agreement
11, The Contractor shall retain all records relating to this contract
for a period of at least three(3)years after final payrner,,t is made. Contractor shall maintain accounting
records in accordance with generally accepted accounting princlples and practices to substantiate all
invoice amounts to the City. City reserves the right to audit such records upon roti c'e to the Contractor.
3
12, Contractor shall cornply with Chaptsyr 119 of the Florda Sl",ntules, the
Florida Public Records Act, as it relates in- records kept and maintained by Corlb-actor in the pei for-mance
of s a nficas pursu a Fit to this Agreement. Ina c-cor-dance yedh§ 1 19.0701, Flo rid a Statutes,C'ontractor stle I J
E e required to provide public access 'to such records, at a cost that does not exceeNJ the statntory
requirernents or as oth&:ivisa provided by law. fin tile,event any sucli necords are P-xempt or confidential
from pubes o nemrds disicfosune,, Contractor shall erasure that those records ar,,,., riot disclosed except as
authorized by law. Co-ruractor shall meet all requirements for retaining publi.-records and shall trans-for at
no cost to the City, all public reoords in Possession Of the Conti-actor upon termination of the Agrearnant
and destroy duplicate- public records that are exempt or confidental and exernpi from public records
disdiosura reqWrements. All reords stored electronically must be provided to the City it a format that is
cownpatible with the inforroation technology systeril of r"I's raty
I& Minird urfi nsuracnce Ream, !-nt- The Contmotor must maintain Insurance. at ft ON
to
expans-e- in at ieast the arnourns set forVh in ExIn'bit "B," attached hereto and incorporated herein by
reference, throughout the term ofl-HsAgreement. The Contractor must Provide a Certificate of insurmice
in accordance with said Insurance Requirements e%ddenaing such coverage pdor to issuance of a
purchase order or cornmencement of any wo&under this Agreement-
14. Indemnificaffion. Contractor shall indemnify pay the cost of defense, including attorneys'
fees and costs at all trial and appellate levels, and hold harmless the Cft,l in accordance viiih the
inderrinification provision set forth in Ex1flbit"C",altachad hereto and incof-porated herain by reference.
Fenies ctinseni 'to Jummiction ana venue of tie
Court's of Polk County. Florida or the United States District Court in and for the Middle District of Florida.
Tampa Division, in connection with any action or proceeding arising out of or relating to this Agreement,
any docurnenA or instrument deilvered pursuant to, in connection ,nth, or simultaneously with this
Agreement, or the breach of this Agreement or any such document or instrument, The laws of the State
of Florida shall govern this Agreement.
16. jud2ep_endent ContlLactor ;eta The Contractor is and shall remain an independent
contractor and is neither an agent,ernployea-,partner nor joint venturer of'the City.
17, Sorra-PLia—nceNftl 1gy—z'. Contractor shall -lomply with all appV-able lot,a,, state and
4
fedwal ordinances. , lows, statutes, regulations am standards In fo7w during the tarm of this
Agreement
16. The torms and conditions of Oda AgFeerpent shall be doom@d
iriverable. Consequently.if any clause,tam,or conditionhoped&W be hold to be 11 al or void,such
datermination chall not aftct the validity or logNity of ft remaining twns and oondWons, and
notvAthstandng my&xh determination, this Agrement aWl continuein fW tm and eftct unless the
particular douse,tam, or conditionhold to be Illegal or vM renders ft balanca of the e9mmord to be
ImpowNe of porkwmanm.
19. i The shall inclucle this Agreement and
appendices,as ymil as ft follovAng documents,which am incorporated herein by .
a City of Lakeland RF42 4127 and all of its addenda and
attachments,ts,i uding Edflbk W,Scope of
b. CertificateCOnimcWs qg gq� of Insurance, !
"®it B
C. ControcWs IrWamilicaflon and Hold Harmless, as
in Emhgbk
ITO:
0. is Response to the RFQ is on Be
the City.
tf ftre is a conflict baMean the terms of this Agreement and than above referenceddocuments,
resolved as Mterms of this Agreement qhan prevail over the other documents,
d the tums of ft remaining documents shall be given preference in Mir above listed order.
givi:k,
when In wrfflng and : (1) personally dellveved to a party to be noWled, (ii) delivered by overnight
express courier, or (ir)th (3) busiress dam following deposit In the Unftd States mail, postage
prepaid,certified delivery;dh-ecW to the pedy to be nobftd at the famwing .
Contractor
` t
'1411A
City:
-Dan Gargas,Building 'sl
X28 S.Mamchusetts Ave.
rad,FWda 33801
IN ESS WHEREOF, the paries ler®in hava exemftd this
above.
CITY LAKELAND,FLORIDA--
fi f .
y
managme � .
g President( � e�E
A ATTEST: rrrartp►nias�te�®�$e
" ('A
By:Kelly S.K00%CKY Clark ~ng Warms'nanwAft)
APPROVED AS TO FORM ® .
Tknothy J.McCausland,Cfty Attorney
6
P 85.00
Plan revkw $73.00 (off side)
tDf $7®.00
( FJ=himl impectox $75.00
Plumbing r $70.00
$40.00
N $0.80 gsf
Staff
N/A (rates are all inclusive)
Other Biffing Inf tion
K/ (see attached terms and conditions)
�E
n A
'age 7:, ,;
REQUES11' FOS, JIALIFICA31�LNS
BUILDING CODE FROFESSLONIAL.1-3
INITRODUMON
-rhe City of Lakeland's Building Inspection Division is t-equesting,the subizuttal of statements of
qualification, frointerested State Certified 'professionals or firms to provide any or 9J1 of the
follovving services for the City of Lakeland on a continuing contract b2si-s-.
Plan review services for rp-sidl-ntial and commercial in all disciplines onsite aid or
k> Inspection seniices
he Building Inspection Division is interested in pre qualifying a number of hindividua-b or firms
that have expertise in any or all of the above listed areas to be put or-, three (3) year open
d0 n
contracts for service with the City oear f Lake with, two (2), one (1) 7erenews; Ops.
Qualified individuals or firms should have at least ten (10) years of professional experience,
should have worked with other municipalities of similar size as Lakelmad, and should have.
extensive experience. Selectfon Pliff not be based on the range ws Oexpertisq.pathcr
selection wil?be based an the depth of relevarn e!Apeence. Please Abel free to resr)ond to
aqY or afl of the above sczvicvs.
'17he City of Lakeland encompasses 74 square miles with a populadon nearing 100,000,
Strategically located along 1-4 less than an hour from both Tampa and Orlando, Lake is
home to a number of large corporations, emerging colleges and universities, acclaimed medical
facilities and the spring training center for the Detroit Tigers, In addition,Lakeland is one of the
most affordable places to live M' Florida, with exceptional recreational amenities and a strong
sense of community.
More inforniation about the City or"Lakeland can be found at out website, �,lakelgqdpuvjiet
and at and%r%w.jakelandchp rnber.com-,
SERVICE DESC1,11PTIONS
Services Avill] be identified by City of 1,ak-elandstAff and may include any of the following:
> Review
> ReY1LT_M�of 14LIS offsite
> lnapqtion services
slirmort.Services
Wb,Je specific plan reviews and niispectio.n servicos have not yet been idendfied, task
authorizations for individual projects are anticipated not to exceed $25,000 pep. project.
However, approved consultants may complete a, number of individtLd projects issued wider the,
continuing contract.
SELEDIC-1,10N PROCESS
The Build ng Inspection Division recograzes that no single individual or firm,will _11kely possess
all of the skills as outfinad in this Request for Qualificatit -s. As a result,prospective respondents
should 11-1dicate in rbelt sl2bITI"Itt-als their specific area(s) of expertise and pro-vide be -apprOpmate
examples and evideace,�where possible.
Statements of Qualificalions will be reviewed by a Selection Committee made tip of Buildiag
Inspection, Finance and purchasing staff members. A short Est of individwads or firms -wffl be-
identlified by the Selection Cominittee and wL111 be interviewed by a Selection Corntrtittee. The
Building Inspection Division may request additional information from individuals or firm's on the
short list pr'or tointerviews. The recommendations of the Selection Corntriittee will be subject
to apptovad by the !Nfayot and the City Ccirm�ssion. Upon approvaL the Building Inspection
Division will seek to negotiate contracts with the selected individuals or fi=.
SUBMISSION PROCESS,DUE DATE AND REQUIRED DOCUMENTS
An-unbound original and ten (10') copies of the Statement of Qualificatilons including all required
forins and supporting documentation sliould be delivered to:
City of Lak-cland
1140 EParker Street
Lakeland,EL 33801
Etta,; Purchasing Department
All Statements of Qualificavions must be reccivcd no later than 3.00 PM on Wednesday,May 7,
2014, ALI documents received Later chair the above date and time will not be eligible for
consideration,
CONTENTS OF STATEMENT OF QUALIFICATIONS
* A letter of interest specifying the strength(s) of the firm or individual as they r2late to this
R_FQ;
* Completed Statement of QuaEficfttions;
* Response to the Selection Criteria.
Resumes and certifications for cex:i6e(l personnel and pern-lit tec'n-rdcians
2 -)f
SCHEDULE FOR SELECTION PROCESS
Request for Qualifications packets available for pick-up or by e-mail beginning
Wednesday,April 9,2014,
Candidates rmy submit questions pertaining to this RFQ no later than 5:00 PM,
Monday, April 14, 2014. Questions will be answered no later than 5:00 PM, Monday,
April 21, 2014, All questions should be submitted to the City of Lakeland Purchasing
Department by e-rn,,LA at Pp-r—ch(
,a)-la-keland,gov.net or by facsimile-a,-
,L863) 834-677,11.
Statements of Qualification rase due no later than 3:00 PM,Wednesday,May 7,2014.
the Screening Committee will review submittals and will determine which qualified
candidates may be invited to present their qualifications in. person to the Selection
Comnuttee. It is anticipated that all candidates will be notified of their subinimal status by
Monday May 23,2014.
Interviews may be scheduled during the week of June 2. 2014, at the discretion of the
Selection Committee and the comn-dttee's calendars permit.
If interviews are held, all individuals and firms interviewed will be notified of their status
within two weeks of the final interview.
Packets available jWednesd2y,April 9,2014
Candidates questions due b j Monday,April 14,2014
Questions answered by Monday,April 21,2014
Statements of Qualification-due Wednes�,M[a7,2014
Selection Committee review of submittals May 12,2014-May 23,2014
Candidates notified of submittal status 'Nednesd!a�,Ma �21,201�4
Intervieyis if necessary) _ 'Week of June 2,2014
Notification of selection Monday June 23,2014
""Cz:3 c. i
STATEINIENT O-E-Q--UALIEICATLONLS
Company Nanne.
Business Address:
Contact N=te omd TWe:
Email Address:
Telephone:
Fax:
Website:
o Sole Prop rietotship
r
* Corporation
* joint Vermire
YVea(s) of E%Te-rdse (check aft that aDp.ky)-.
o Commercial building plan
review,
c, Commercial mechanical plan
review.
c) Commercial electrical plan
review,
o Comm-ercial plumbing plan
revICIW.
• One and two family plan
review.
• Engineering consultation
• Building inspection
• Mechanical inspection
• Electrical iresp ection
• Plumbing inspection
• One and two family
inspection,
o Pennit TecImician
0
Releva,,, ExTcrience Cm the Last 3 y-ears;:
Stat Datf.�: End Date:
Nature of Work:
Description of Duties and Responsibilities:
Stair Dat-1: End Date:
�
l,-ire r,f Work
f
DescElption of Duties and Rtiponmlbihues�
Start Date: End Date:
Nature ofWbrk
Dcscuption of Duties and Responsibilities:
Billable-Rate(s) (per hout)
plan review onsite,
Plan review
Building inspector
Mechailical inspector,
Electn- cat Inspector
Phimbing inspector
T-Jultiple certified inspectors
Ocie vnd two farx�lyispector
Permit Technician
Bffiable Rate(per?Q a fogo
New commercial bUildings all disciplines
Other Staff Expenses
Odnex Billing Trifortmation
SELECTION CIRJTERIA
1, TEAM EXPERTISE
DesciHbe your fitrn's otgan-atiop, experience and area(s) of-xperfdSe, TnclLU do &e narn,es of
all or'd-ic principals and key personnel as well as resumes that pxwideinform. atior, regarding
qualific-ations, pre violas experience and licenses that relate to the se.mices described III d-ds
RFQ.
2. SAMPLES OF WORK
Finahsts Nx6dl be required to complete sample corarnercial plan
3. REFERENCES
include at least three (3) references froin clients that you provide services that axe sirrilat to
those described in this RFQ. Please pro-,ide the iridivrdua.l's riame, tit!.-, relationslap to the
services, phone number, ernA ftdd-ress, and a brief project description including start and
end dates for fl-ie work completed, n1he services budget wid,--ctu,--' seices costs,
�6'
INS URANCE IREQUIREMENTS
RFQ for Bull-lding Code Professionals
S T A TE YIE INK T 01?F UIR P 0 8 E
le City of DA-cland (ffic "Cil ') firorn time to time entei
rs nto agre-cments, leas.es and offier contractis
VY,,
with Offier flardes(as he-c-inafter der-mcd).
Such -Ag-reonaents shall coaian at a mininntirn risk te-i-ins to protect thc City',
niteritsand to nmirdtni7c its putt dal liabilities, Accordingly,The following rairri-mu-n-,rerpturenlents
shall
apply-
C31"N'
The terra City(wherever it,may appear')iS defined to mean the Cit1f of Lakeland it l3 it-, Commission,
ernployee,svoiluureers,repres Arita`ive's and aggents.
OTHER PARTY'DE FINED
The terni Other Party(wherever it inay appea-r) is defined to meauffie other person or entity which is the
cow-iter-party to the Agg=ment v, th the City and aT,, of such Otlwr Party's subsidiprjei, aff-Iflates,
officers,em-ploy'—es,volunteers,repro;meati ves,agents,colatr"Acto-rs amd"subcontractoys,
LOSS CONTROILPSAFETY
Precaution shall b-, exercised at A! times, by the Other Party for the protection of all Vllrsom, including
employees, and property, The OtherP&-ty shell comply with- all laws, rules, regulatlions or ordinances
related to safety arid health, and shdl make special effort. to anticipate and ti b hazardous conditions
and shall take snob precautionary and prompt action where loss control/safbty measmires should
reasonably be expected.
The. City may order worik to be stopped at any time, without liability, if conditions exist that prosent
im-mediate danger to peso or Property. 'IheOther Pavy acro axle Lig--stlittsuiii stryppage,ort:° tureto
stop,will not shill resp onsPoility for any damages from the Other Party to the City.
INSUP.WN-C—E-BASSI C'U),ATFURALG-ISS REQUI-PIED
lhe Oun- F Varty haa procure and Ina-la"ain gds e fohowung fiesunbed mstLrance, except for coverage
wai-vcd -by tLe City oif-'Ls"LAhmfl, on policics cmd with '1113urerss acceptable to the City, and
W-ah raodags of L,,;7 tlhaa A.
These irmrance requirements shall in no way limit the liability of the O'ler Party. 113.e City does not
represent these mhiisnurn insurance requirements to be sufflicient or adequate to protect the Other Party's
interests or liabilities,but are merely mininvarns.
"Except for workers' compensation and prof-essional liability,the,Other Party's insurance,policies s be
emdo-sed to name the City of Lakeland as additional insured. It is a�gocd that the Other Party's in sn-rance
.haU be detzmed primm ary and"no n-concribuitory with respeet to any inslaranoe Cr selRinz-,uraance=ed by
IT
],'Ile City of Lakeland for Liabilharising out of the operations of this agrQement."
Insurance Requirements (cont'd)
INISSUIR-ANCE—Bj,1,91C COVERAGES REQUIRED(cont'd)
Except for workers corape nsatiom the Other Party waives its right of recovery against the cityto the
extent permitted by fts insurance p*licies.
'M
I - Other Party's deductibles/self-insured retentions shdal be, disclosed to the Cir-y and may be
dismpproved by the City. '111ey shvadl be reduced or effminated at the opt-ion of the CityThe Cjtlu-.cr pmty
is respomsilble for the araount ofarq-deductible or sel:r-insured retentio I.,
y
Insurance required of Che Othez Percy o- ay, oq�ej-
n L Zr ur3'z f the Other Patty shall be cEli sidereal'
pi rnary,and insimance of the City shaill be considered excess,as may Lie applicable to claims which arise
out of ffie Hold Hw-ness, Payment on Behalf of the City of Lakeland, Insurance, Certificates of
Insm-ance and any Additional Insuranoe provisions ofthis agr—e-ment,con"ract,or lease.
Commercial GenerLd Idabilftv. 'rhis hisurance sinsul be an "occurrence7 type 1xi7icy written j_rk
comprebensive form and shall protect the Other Party and the additional insured against,all clairns arising
g
from bodily inillry, sickness, disease,. or death of airy person other than the Other Pazty's enkployees or
damage to proNrty of the City or others arising out of any act or ornissiora of the Other Party or its agents,
employee;, or SubcontraqCto-t-, and tO be inclUsiveof property damage resulting ftem explosion. collapse
or underground(xcu)exposures, This policyahall also imclude protection Pgain-st elainLs insuredby usual
personal hij mqj liability co,veragLand to insure the co-ranactmal liability assmnedby th.e Other Party under
the article entitled SMI VIN-1 CAT11011114, and "Products and Completed- 0perations"
coverage.
The Other Party is required to continue to pl,m-hase products and co-avpleted. e erat tions coverage fo,r a
mimmears of three years beyond the City's acceptance of renovation or construction properties,
7M0 fiftbility limits sh&, IJ not be less flarm;
Boffly Mjury and $1,000,000
Property Damage
Single Limit vach occurrence
BWjAe
� _SLtt Business -Auto Liability coverage is to include bcydily injury and
7roperqr darnage arising out of owners,bip,maintenance or use of any auto, in-clucling owned,non-(,%,nvd
117ex,H&M-HktvUnifts st-nCH uu-,At he
Bodily InjuiT and
Property Damage Single Limit each occurrence
Workers! Con sate Workers* Compensatiop coverage to apply for all employees for statutory
ITm--Ft,, and shall incluTd-e7mPloyer's liability with a limit of$100,000 each accident, $500,000 disease
Policy limits, $100,000 disease 9i it each employee, ("All States" endorsement is reTuired where
applicable) If exempt from Worker's Compensation coverage, as defined in Florida Statue"14,10.tele-0tiler
Par,-,y-vih provide acepyofState Workiors'
All subcontractors shall be required tip maim tain Worker's Compensation.
The Other Party shall also purchase an, otter required,by la�, for the benefit of employees.
ADDITIONAL !NSUPUNIC.Er
AdcHfigual lmumr.ce: The,City rNuires the,following types of insurance,
EVIDENCE/CEWE MCATERS OF INSURANCE
Required insumnce shall be doctunented in Cerffieataz of Insurance which provide that the Chty shall be
-notified at least 30 days in advance of caracell edon,nonrenewable,or ftdveisechange.
New Certificates of Insuranwe am,to be providod to the City at least 15 days prior to coverage reazwals.
If requested by the City, the Other Party shall furnish complete copies of the Other Party"s insurance
policies,forms and endorsem-ents,
For Commercial General Liability coverage the Offier Party shall, at the option of the Ciqy, provide an
indication of the amounts of claims pay ents or reserves chargeable to the kggregatte aniount,of liabilit,
y
coverage.
Reoeipt of certificates or other documentation of; rance or policies or copies of policies by the City-,or
by any of its representatives, which indicatc less coverage than req,,:.ired does not constituta waiver of
the Other Partys obligation to fulfill the insuraice requirements herein,
Indemm'fleation
To the,fifflest extent permitted by taws and regulations,and in consideration of the am-ount stated
on any Pttrchiso Order, the Contractor shall defend, indemmify, and hold harmless the City, its
officers, directors, agents, guests., invitees, and employees from, and aPinst all liabilities,
damages, losses, and costs, direct, indirect, or consequential (including but not litnited to
reasonable fees and charges of engineers, architects, attorneys,and other professiornals and court
and aebitratiori costs) arisL%pc out Of or resulting fro rn any acts of needgence, reckless ness or
Lnt—mtionnal wrongfiLl misconduct in the perfaxmance, of dhe work by the Conaractor, any
Sdbccontracto7, or any persion or organi7adon d-irectlyor Lvidire ctly calployed by zmy of Chem t",
perfononorl-Rurnishan of the v of Ljcm ray he -1
Y an: - ,liable.
In any and ah' clain-B agamst, the City, or any of its officers, directors, t"gents, or employces, by
-any onaployee of the Contractor, ap-y Sub conLractor, any MOOD. ()r organization d_ ecdy or
indirectly employed by any of thein to peetorm-or furnish any of the work or anyone for whose
acts anof them may be liable, ,thise-m-
iis indnification obligation shall not be lianted Lin aaLy way
y
by any firnitation on the ainount or type of damages,compensation,or benefits Paya"Me by or f
the Con�ffactor or any such Subcontractor or other person or organization under wonrkens� or
worlarten's compensation acts, disability b,-nefit acts, or otber cm ployee bariefit aots� -nor shaff
this inderawfication obligation be limited in any way by way lirwitation on the amolmt or type of
insurance coveragc provided by the Cibj, the Contractar, or ani of bis SubconLractors. To the
Elo
.went this hidemnifica * n conflicts with any provision of Florida Law or Statute, Chis
indemnification s-ball be deenied to be amended in such a mavmor as to be consistent witli such
Law or Statate.
fty- it is the express intent of the Contractor that tfus agreement shall app ly for the
project(s)or time period indicated below. (Check and Complete one)-
XX Agreement is applicable to all contracts,purchase orders and other work
performed for the City of Lakeland fur the tine period of not more than
five(5)years.
Afil 7.2014 to December 31,2018
(Dsda)
(Date)
Agreement is linuied to Bid I Pureli-ase Order 9, Requisition 0
or Contract dated
IHL#roation- The Contractor and his Subcontractors agree by entering into this contract co a
Z_
Wai-ver of Subrogation for each required policy herein. NVIten required by the insurer, orshould
a policy condition not permit Contractor or Subcontractor to enter into a pre-loss agreement to
waive subrogation without an endorsement, then Contractor or Subcontractor agrees to notify,
the insiLrer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery
Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to
any policy, which includes a condition specifically prohibiting such an endorsement, or voids
coverage should Contractor or Subcoritrawtor enter into queb- an agreement on a pre-togs basis,
Pa.oe? of 2
Releaoff Lf Acceptance by the Contractor of the lag payment shall be a release to
the City and every officer and agent thereof,from all clahns and liability hereander for anything
done or famished for, or relating to thi wori; or for any act or neglect of the City or of any
person relating to or affecting the work.
The parties agree that to the extent the written terms of this
Indemnification conflict with any provisions of Florida laws or statutes, in particular Sectons
725,06 and 725.08 of the Fl 'da Statutes, the written to of this indemnification shall be
dmncd by my court of compaterit jurisdiction to be modified in such a manner as to be in M
and complate compliance with all Such laws or sbtutes and to contain such limiting conditions,
or fimitatirDw Of liability, or to not contain my uneafmcable, or prohibited tam or teamas, smh
OW this Indammficat'ons hall be enforceable in accordance with and to the greatest extent
pam2ftted by Florida Law.
iqam
STATE OF:
COUNTYOF: Organization Phone Nur
J
The foregoing instrainent was acknowledged before me flus day of 2014
by bc]� J-1'a.65 OfJV 'trw V.%�GAA U-C-
c)
Pdntad Nama',df C�wnw/()mca Corpwa"r Compauu-Name
(DH VShe is ally�Ownto me r hm produced Stitt Ddu IkAmw Nnmber as
identification,and did did not talo an oath.
& A-
k'
Primted Name GM=GdTaWn Ackmowleftm=t
Noakry sea-
CITY OF LAKELAND RIMICILES STOLLE
I
i MVC
BY- EMIRES Febnwy 2M T M
Karen Laklmob,Mector of Risk Mamagamant 01, 7
D A TR
Pap 2 of 2