Indemnification_2025_Contractor_-_FDOT.docx
DOCX document 36 KB Posted
- Attached to
- Landscaping Services
- Solicitation number
- 2025-RFQ-009
- Issued by
- San Joaquin County, Sunnyvale City, Florida
About this file
This is an indemnification agreement template established by the City of Lakeland, Florida, in coordination with the Florida Department of Transportation (FDOT). The document serves as a pre-qualification requirement for contractors seeking to compete for infrastructure construction projects, including pipelines, pump stations, treatment plants, CMAR (Construction Manager at Risk) services, and related work. Contractors are required to execute this indemnification agreement to become pre-qualified and eligible to bid on subsequent work orders issued by the City or its design consultant. The agreement is applicable either to all contracts and purchase orders performed for the City of Lakeland over a specified period of up to five years, or to individual bid packages, purchase orders, or requisitions as designated. The agreement was revised on December 12, 2024, and requires notarization by authorized representatives of the contracting organization and acknowledgment by the City of Lakeland through its Risk Management & Purchasing Director.
The indemnification agreement obligates contractors and their subcontractors to defend, indemnify, and hold harmless the City of Lakeland, FDOT, and their respective officers, directors, agents, and employees from all liabilities, damages, losses, and costs arising from acts of negligence, gross negligence, or intentional misconduct during work performance. The agreement specifically addresses workers' compensation claims, waiver of subrogation, and release of liability upon final payment acceptance. A savings clause ensures that if any provision conflicts with Florida Statutes, particularly Sections 725.06 and 725.08, the agreement shall be modified to comply with applicable Florida law. This indemnification requirement is a mandatory precondition for contractor pre-qualification and does not establish pricing terms, funding amounts, or project-specific deliverables.
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Text version
INDEMNIFICATION
Contractor
To the fullest extent permitted by laws and regulations, and in consideration of the amount stated on any Purchase Order, the Contractor shall defend, indemnify, and hold harmless the State of Florida Department of Transportation, the City, its officers, directors, agents, guests, invitees, and employees from and against all liabilities, damages, losses, and costs, direct, indirect, or consequential (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) arising out of or resulting from any acts of negligence, gross negligence or intentional wrongful misconduct in the performance of the work by the Contractor, any Subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable.
In any and all claims against the State of Florida Department of Transportation, the City, or any of its officers, directors, agents, or employees by any employee of the Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, 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 Contractor or any such Subcontractor or other person or organization 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 State of Florida Department of Transportation, the City, the Contractor, or any of his Subcontractors. To the extent this Indemnification conflicts with any provision of Florida Law or Statute, this indemnification shall be deemed to be amended in such a manner as to be consistent with such Law or Statute.
Applicability: It is the express intent of the Contractor that this agreement shall apply for the project(s) or time period indicated below. (Check and complete one):
| ______ 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. |
| ________________________________ to _______________________________. | |
| (Date) (Date) |
(OR)
| ______ Agreement is limited to Bid #, Purchase Order #, Requisition #___________, | |
| or Contract dated ______________. |
Subrogation: The Contractor and his Subcontractors agree by entering into this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should 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 insurer 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 Subcontractor enter into such an agreement on a pre-loss basis.
Release of Liability: Acceptance by the Contractor 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 of which Contractor has knowledge at the time.
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 725.06 and 725.08 of the 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.
| ____________________________ | |
| Name of Organization |
BY: ____________________________ Signature of Owner or Officer
| ______________________________________ | |
| E-mail Address |
| STATE OF : ________________________ | ____ | |
| Organization Phone Number |
COUNTY OF: ________________________
The foregoing instrument was acknowledged before me, by means of physical presence this _____ day of _____________, 2025.
by ______________________________, of _____________________________________.
Printed Name of Owner / Officer Corporate or Company Name
He/She is personally known to me or has produced ________________________________ as State Drivers License Number identification, and did _______ / did not __ _____ take an oath.
Signature of Person Taking Acknowledgment
Printed Name of Person Taking Acknowledgment
| ____________________________ | |
| Notary Seal |
CITY OF LAKELAND
BY:______________________________________ DATE
Joyce Dias, Risk Management & Purchasing Director
Revised 12/12/2024
File details come from the government source that posted it. Updated .