Indemnification_2026_Contractor.doc

DOC document 37 KB Posted

Attached to
Annual Pump Services for Flowable Concrete and Flow-Fill
Solicitation number
2026-RFP-106
Issued by
Polk County, Florida

About this file

This is an Indemnification Agreement document for the City of Lakeland, Florida, establishing hold harmless and indemnification requirements for contractors performing work for the municipality. The agreement applies to the Annual Pump Services for Flowable Concrete and Flow-Fill contract, which runs from October 1, 2026, through September 30, 2027, with four optional one-year renewal periods. The City intends to award this Request for Proposal to two contractors—a Primary Contractor (highest-ranked respondent) and a Secondary Contractor (second-ranked respondent)—with the Primary Contractor responsible for all specified pump services tasks on an as-needed basis. The Secondary Contractor may be engaged if the Primary Contractor cannot meet service timeframes, charges unreasonable rates, fails to fulfill obligations, or for larger assignments requiring competitive pricing. The City retains the right to request rates from both contractors and award projects to the lowest-cost provider offering acceptable solutions.

The indemnification agreement requires the Contractor to defend, indemnify, and hold harmless the City, its officers, directors, agents, and employees from all liabilities, damages, and costs arising from negligence, gross negligence, or intentional misconduct during work performance by the Contractor, any Subcontractors, or their agents. The agreement includes a Waiver of Subrogation clause requiring contractors and subcontractors to waive recovery rights against others, a Release of Liability provision wherein final payment acceptance releases the City from all claims, and a Savings Clause ensuring compliance with Florida Statutes Sections 725.06 and 725.08. The agreement may be applied either to a specific timeframe (up to five years) for all City contracts and purchase orders or to individual projects identified by Bid Number, PO/REQ Number, or Contract date. The document requires notarization and must be executed by the Contractor's owner or authorized officer.

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Text version

Hold Harmless/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 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 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 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.

Check One and Complete: It is the express intent of the Contractor that this agreement shall apply for the timeframe or project(s) indicated below.

Timeframe: You may select up to five (5) years. This agreement is applicable to all contracts, purchase orders, and other work performed for the City of Lakeland within the dates specified.

_______________________________ to _______________________________.

(Date) (Date)

(OR)

Project(s): Agreement is limited to Bid # _______________, PO/REQ # ______________, 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 _____________, 2026.

by ______________________________, of _____________________________________.

Printed Name of Owner / Officer

Corporate or Company Name

If Applicable - DBA’s or Subsidiaries.

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

Revised: June 3, 2026

File details come from the government source that posted it. Updated .