Indemnification_2026_Contractor_-_FDOT.docx
DOCX document 37 KB Posted
- Attached to
- Congestion Relief Alternative for SR99 State and local contract opportunity
- Solicitation number
- 2026-RFP-009
- Issued by
- Polk County, California
About this file
This is an Indemnification and Hold Harmless Agreement document issued by the City of Lakeland, Florida in conjunction with the Florida Department of Transportation (FDOT) for contractor compliance. The agreement establishes the contractor's obligation to defend, indemnify, and hold harmless the City and FDOT from all liabilities, damages, losses, and costs—both direct and indirect—arising from acts of negligence, gross negligence, or intentional wrongful misconduct by the contractor, subcontractors, or their employees during performance of work. The indemnification obligation extends to all claims by contractor employees and is not limited by workers' compensation caps, disability benefit limitations, or insurance coverage amounts. The contractor must elect either a specified timeframe (up to five years) for which the agreement applies to all City contracts and purchase orders within those dates, or limit the agreement to a specific bid number, purchase order/requisition number, or contract date. The document includes a notarization requirement with execution date of December 30, 2025, and is signed by Joyce Dias, Risk & Purchasing Director.
The agreement incorporates a waiver of subrogation requiring the contractor and subcontractors to obtain policy endorsements for waiver of transfer of rights of recovery against others, except where policy conditions prohibit such endorsements or void coverage. Acceptance of final payment by the contractor constitutes a full release of the City and its officers and agents from all claims and liability related to the work. A savings clause stipulates that to the extent the indemnification terms conflict with Florida Statutes Sections 725.06 and 725.08, the agreement shall be modified to comply with state law and remain enforceable to the greatest extent permitted. The agreement is not limited in scope to any specific contract value or project budget and applies broadly to indemnification obligations across all covered work performed for the City of Lakeland.
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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 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.
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
CITY OF LAKELAND
BY:_______________________________________ DATE:
Joyce Dias, Risk & Purchasing Director Revised December 30, 2025 Page 2 of 2
File details come from the government source that posted it. Updated .