RFQ_25-029-MC_Addendum_1.pdf

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TO: All Proposers FROM: Melissa Couture, CPM, CPPB, NIGP-CPP DATE: February 20, 2025 RE: RFQ 25-029-MC, Surveying Services

ADDENDUM #1

Bidders are hereby notified that this addendum shall be made a part of the above-named Request for Quote and agreement documents. The items listed below are issued to add, modify, and/or clarify the solicitation document and agreement documents. The items shall have the same force and effect as the original bidding and agreement documents, and cost involved shall be included in the bid pricing. Bids, to be submitted, shall confirm with the addition and revision listed herein. Return this sheet with your bid response.

I. Clarification – Only current, properly licensed & certified FLORIDA Surveyors will be considered.

II. Terms and Conditions – Attachment A, see attached.

Bidder(s) must acknowledge receipt of this addendum by signing this form below and returning it with your bid response.

Acknowledgment is hereby made of Addendum #1 to project RFQ 25-029-MC, Surveying Services

Bidder Signature Date

Bidder Printed Name Company Name

This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or to answers questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as if set forth therein. All other parts of the solicitation have been maintained as originally distributed.

This addendum supersedes any verbal or other instructions given to any proposer qualified to respond pursuant to the requirements set forth in the solicitation document.

Attachment A Terms & Conditions

RFQ 25-029-MC Surveying Services

GENERAL CONDITIONS, SPECIAL INSTRUCTIONS AND INSURANCE REQUIREMENTS

1. Purpose

It is the intent of this Solicitation to engage one or more qualified successful bidder(s) for the purchase of supplies and/or services based on a fix price, in accordance with the specifications listed herein. It is understood that there may be additions or deletions to the lists specified herein during the life of the contract as dictated by KUA’s service protocols.

2. General Conditions

These instructions are standard for all contracts for commodities and/or services issued to Kissimmee Utility Authority. KUA may delete, supersede or modify any of these standard instructions. Bidder agrees that the provisions included within this Solicitation shall prevail over any conflicting provisions within any standard form contract of the bidder regardless of any language in bidder’s contract to the contrary.

2.1. Prices and Payment

2.1.1. Prices bid shall be used for payment and these prices shall be deemed to include payment in full for all transportation in delivering all supplies to the point of delivery. All items to be provided under this contract shall be new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety), of current production and of the most suitable grade for the purpose intended.

2.1.2. The Contractor shall pay for all taxes, licenses, permits, and inspections required for the work.

3. Governing Law, Jurisdiction and Venue

This Contract Agreement, and all matters arising directly or indirectly from this Contract Agreement, will be governed by and construed in accordance with the law of the State of Florida without giving effect to the conflicts of laws, provisions or principles thereof. For any legal action, suit, claim, or other proceeding arising out of or in any way connected with this Contract Agreement, each of the parties to this Contract Agreement consents to the exclusive jurisdiction and venue of the state and federal courts sitting in, or having principal jurisdiction over, Osceola County, Florida.

4. Hindrances and Delays

The Contractor acknowledges that time is of the essence in this Solicitation and expressly agrees that in undertaking to deliver the commodities, product, materials and/or equipment sought in this Solicitation the Contractor has made allowances for all hindrances and delays which might usually be expected to occur in performing the work. No claims shall be made by the Contractor or the Contractor’s

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subcontractors for such hindrances and delays. Any dispute arising between any bidder, successful or unsuccessful, shall be settled at the cost of the agency or bidder involved in the dis

4.1. If the Contractor or the Contractor’s subcontractors experiences hindrances and delays which, in the Contractor’s opinion, are not usually to be expected in the delivery of the commodities, product, materials and/or equipment, and which affect the date of delivery, the Contractor may request a change in the Contract Agreement. Such hindrances and delays may include, but not be limited to, acts or failures to act by the Owner or other Contractors employed by the Owner, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God.

4.2. If a change in the Contract Agreement is required due to work suspensions or hindrances and delays, the contract price will be increased according to agreed lump sums, agreed acceleration costs, or other demonstrable costs submitted by the Contractor and substantiated to the satisfaction of the Owner.

5. Liens

This project is a "public work" under Chapter 255, Florida Statutes. No liens may be filed against the Owner. Any claimant may apply to the Owner for a copy of this bid and the performance bond (if required of this bid). The claimant shall have a right of action against the Contractor and surety for the amount due him/her. Such action shall not involve the Owner in any expense. Claims against the Contractor or the surety are subject to timely prior notice to both the Contractor and the surety as specified in section 255.05, Florida Statutes.

THE CONTRACTOR SHALL INSERT THE FOLLOWING

PARAGRAPH IN EVERY SUB-SUBCONTRACT HEREUNDER:

“Notice: Claims for labor, materials and supplies are not assertable against Kissimmee Utility Authority, and are subject to proper prior notice to the Contractor and to the surety, pursuant to Chapter 255 of the Florida Statutes.”

6. Responsibility for Damage to KUA Property

The successful Contractor shall use reasonable care to avoid damaging KUA property. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to KUA.

7. Prohibition of Assignment

Neither the Owner nor Contractor shall assign, sublet or transfer any interest in this agreement without the written consent of the other. Contractor shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), nor shall Contractor assign any monies due or to become due to it under this Contract Agreement without the prior written consent of the Owner thereto. Neither party shall have the power to assign any of

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the duties or rights or any claim arising out of or related to the Contract Agreement, whether arising in tort, contract, or otherwise, without the written consent of the other party. These conditions and the entire Contract Agreement are binding on the heirs, successors, and assigns of the parties hereto.

8. Independent Contractor – Not an Employee of KUA

It is understood and agreed that Contractor is an independent Contractor and not an employee of the Owner. The Owner will not withhold income taxes, social security or any other sums from the payments made to the Contractor herein. The Contractor shall in no way hold themselves out to any third person as an agent of the Owner. All Contractors will be solely responsible for all employee’s or agent’s wages. All Contractors will be solely responsible for full payment to any outside employment agencies and/or subcontractors. All persons furnished by Contractor shall be considered solely its employees or agents and Contractor shall be responsible for payment of all unemployment, social security and other payroll taxes, including making contributions when required by law.

9. Probationary Period

The first ninety (90) days of the Contract Agreement are to be considered a “probationary” period. At KUA’s election, the successful Bidder’s Contract Agreement may be terminated, based on the performance of the Bidder, and a new award be granted without another formal bid.

10. No Waiver of Rights

No partial payment made under this Contract Agreement shall be evidence of the performance of the Contract Agreement either wholly or in part, and no payment shall be construed to be an acceptance of improper material or unsatisfactory performance. No act of the Owner in superintending, nor failure to disapprove or reject any material used therein, nor any extension of time for the completion of the material shall be construed as acceptance of the work either wholly or in part.

Acceptance shall be evidenced only by the final payment by the Owner.

11. No Waiver of Sovereign Immunity

KUA Sovereign Immunity. No provision of this contract is intended, or shall be construed, to be a waiver for any purpose by KUA of its sovereign immunity, and any accompanying limitations on KUA’s liability pursuant to same, as set forth in Florida Statutes, Chapter 768, Section 768.28.

12. Indemnity

To the fullest extent permitted by laws and regulations, and in consideration of one percent of the Contract Agreement price, the amount of which is included in the Contract Agreement price, the successful Contractor shall indemnify and save harmless KUA and its board members, officials, directors, partners, consultants, agents, and employees from and against all claims, suits, actions, damages, or causes of action including claims for any personal injury, loss of life, or damage to property arising during the terms of the resulting Contract Agreement due to the negligence, recklessness, intentional or otherwise wrongful misconduct of

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Contractor, any subcontractor, sub-supplier, 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, including but not limited to their agents, employees, invitees, and all other persons in the performance of the services or delivery of goods for which the resulting Contract Agreement was entered into by, and for and against any orders, judgments, or decrees, which may be entered thereto, and from and against all costs, attorney's fees, expenses and liabilities incurred in or by reason of the defense of any such claim, suit or action, and the investigation thereof. Nothing in the award, resulting Contract Agreement, or purchase order shall be deemed to affect the rights, privileges and immunities of KUA as set forth in Florida Statute 768.28.

12.1. The successful Contractor(s) covenants and agrees to indemnify and save harmless KUA and to defend from all cost, expenses, damages, attorney's fees, injury or loss to which KUA and/or its board members, officials, directors, part-ners, consultants, agents, or employees may be subjected by any person, firm, corporation, or organization by reason of any wrongdoing, misconduct, want, or need of care or skill, negligence or default or breach of contract, guaranty, or warranty, by the successful Contractor(s), the Contractor’s subcontractor, sub-supplier, 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.

13. Release of Liability

Acceptance by the Contractor of the last payment shall be a release to the Owner and every officer and agent thereof, from all claims and liability hereunder for anything done or furnished for, or relating to the contract, or for any act of neglect of the Owner or of any person relating to or affecting the contract except for any claim made previously known in writing to the Owner for which resolution has not occurred prior to last payment.

14. No Third Party Beneficiaries

No provisions of this contract shall be construed to benefit in any way any party not a signatory hereto.

15. Term, Purchase Orders and Termination

15.1. Term (see Solicitation Cover Page for Anticipated Term)

15.1.1. It is anticipated a Contract Agreement may be awarded when in the best interest of KUA. Thus, KUA may renew for any of the following durations pursuant to the Contract Agreement executed between KUA and Contractor.

The decision to renew or extend shall be at the discretion of KUA.

15.1.1.1. A three (3) year term to begin upon approval and execution by KUA; with the opportunity for additional two (2) one (1) year renewal periods or;

15.1.1.2. A two (2) year term to begin upon approval and execution by KUA; with the opportunity for additional three (3) one (1) year renewal periods or;

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15.1.1.3. A one (1) year term to begin upon approval and execution by KUA; with the opportunity for additional four (4) one (1) year renewal periods or;

15.1.1.4. A one (1) year term to begin upon approval and execution by KUA or;

15.1.1.5. One-time purchase to begin upon approval and execution by

KUA.

15.2. Purchase Orders

Purchase orders are issued electronically. Purchase Orders shall be fully effective and legally enforceable. By furnishing any services in response to a P.O. and/or giving any other indication of acceptance by P.O., the Contractor agrees to be bound by all the terms and conditions set forth herein. Every P.O.

issued under this above-numbered Solicitation will be considered an enforceable addition to the Contract Agreement Documents.

15.3. Termination

15.3.1. Unless otherwise indicated in the Contract Agreement, either party may terminate the Contract Agreement, without cause, by giving thirty (30) days advanced written notice to the other party.

15.3.2. Termination for Cause

15.3.2.1 KUA may terminate this Contract Agreement, including the continued performance under the Contract Agreement, for cause. Termination for cause includes, without limitation, any of the following events: (1) any default or breach of the Contract Agreement by the Contractor; (2) substandard performance by the Contractor and/or the failure by the Contractor to comply with any of the conditions and/or specifications set forth in the Contract Agreement Documents; (3) unprofessional treatment of KUA customers or employees by the Contractor, its partners, employees, agents, subcontractors or anyone for whom the Contractor is responsible; failure to meet payroll obligations; and/or (4)wrongful conduct of the Contractor, its partners, employees, agents, subcontractor or anyone for whom Contractor is responsible, including, without limitation, negligence by them in performing under the Contract Agreement.

15.3.2.2 Should a termination for cause event occur, KUA may

terminate the Contract Agreement immediately without advance notice or, in KUA’s sole discretion, schedule a meeting with the Contractor to address any termination for cause event(s). Should KUA decide after the meeting, that it cannot resolve the issues with the Contractor, KUA may terminate the Contract Agreement immediately.

15.3.2.3 A termination for cause is not subject to section 15.3.1 herein advance notice requirement for termination without cause.

15.3.2.4 The Contract Agreement is further subject to immediate termination for severe breach of security or for misappropriation of KUA

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property.

15.3.2.5 Failure by KUA to terminate the Contract Agreement for cause upon the occurrence of a termination for cause event or to schedule a meeting upon such occurrence shall not be deemed a waiver by KUA of any of its rights under this paragraph.

16. Renewal Option and Escalation/De-Escalation

Bid prices shall remain firm for a period set forth herein. During the renewal option period and only if a substantial increase occurred in the manufacturer's production cost the bid prices may be changed. This shall not result in any way in an increase of the vendor's margin of profit. Should KUA consider said increases unwarranted or unreasonable, KUA reserves the right to terminate the contract with the vendor and re-advertise or select a second supplier. Any price declines at the manufacturer's level shall be reflected in an immediate reduction of the Contract Agreement pricing of said decline. Price increases and or decreases request must include supporting manufacturer’s documentation with price and or percentage increase and or decrease, to the Procurement Services Division.

17. Other Governmental Agencies

Each governmental agency desiring to accept this bid, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and billing. Each agency shall be liable only for materials ordered and received by it and no agency assumes any additional liability by virtue of this bid.

18. Contract Documents Defined and Made Binding

All of the Solicitation procedures, General Conditions, Special Instructions, Insurance & Bonding Requirements, and all required forms and specifications set forth herein shall, together, form the Contract Documents and as such shall be incorporated by reference into and made a part of the Contract Agreement executed between Owner and Contractor such that all the terms and conditions of the Contract Documents shall be fully binding on each party. By submitting a signed bid in response to this above numbered Solicitation, the Contractor agrees to be bound by any and all terms and conditions of the Contract Documents.

19. Compliance with Laws and Regulations

By its signature on the Contract Agreement, Contractor hereby certifies that it is aware of any and all applicable federal, state and local laws, regulations, orders of courts and/or governmental agencies, ordinances and permitting requirements and further certifies that it has taken or will take all actions necessary to ensure full compliance with such requirements, including full compliance by any subcontractors and/or materialmen employed by Contractor to perform on this Contract Agreement. Contractor agrees to indemnify and hold KUA harmless for any and all claims, losses, penalties, fines and expenses (including, without limitation, any and all reasonable attorney’s and expert’s fees) related to Contractor’s failure, and/or the failure of its subcontractors and materialmen, to abide by the terms of this Solicitation document.

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20. Jessica Lunsford Act Compliance

In the event Contractor performs services for KUA on the premises of any Osceola County School Board property, Contractor hereby certifies that it complies with the Jessica Lunsford Act (Florida Statutes, 2005) and that all employees of Contractor, including the employees of subcontractors, materialmen, agents or anyone else hired by Contractor to perform work under this Contract, accessing such property in the performance of KUA-related work have cleared sexual predator/offender and U.S. Department of Justice criminal databases. Contractor agrees to furnish written proof of such compliance and a list of names of all of persons cleared before accessing any public school property on KUA-related work. Contractor also agrees not to permit any of its employees, or the employees of any subcontractors, materialmen, agents or anyone else hired by Contractor to perform KUA-related work, to access Osceola County School Board property if they have not been checked or cleared on the databases described herein. In the event Contractor fails to comply with this section, Contractor shall indemnify and hold KUA harmless for any and all claims, suits, actions, causes of actions, damages, losses, liability, expenses, or costs, in accordance with the terms and provisions of this Contract governing Contractor’s obligation to indemnify KUA.

21. Hazardous Materials Provision

Where applicable, the bidder agrees to furnish KUA with a current Material Safety Data Sheet (MSDS) on or before delivery of each and every hazardous chemical or substance purchased which is classified as toxic under Chapter 422, Florida Statutes. Appropriate labels and MSDS’s shall be provided for all shipments.

Send MSDS’s and other pertinent data to Kissimmee Utility Authority (KUA) at the “Ship to” address.

22. Disposal of Hazardous Waste and Used Materials

All hazardous waste and used materials, such as containers, liquids, rags, filters, and solvents, etc. must be disposed of in accordance with all Federal, State and Local regulations. Contractor agrees to indemnify and hold KUA harmless for any and all claims, losses, penalties, fines and expenses (including, without limitation, any and all reasonable attorney’s and expert’s fees) related to Contractor’s failure, and/or the failure of its subcontractors and materialmen, to abide by the terms of this Solicitation document.

23. Emergencies

It is hereby made a part of this contract that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God, KUA shall require a “First Priority” for goods and services. It is vital and imperative that the health, safety, and welfare of the KUA’s customers are protected from any emergency situation that threatens public health and safety as determined by KUA.

The Contractor agrees to rent/sell/lease all goods and services to KUA on a “first priority” basis. KUA expects to pay contractual prices for all products and/or services under this contract in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. Should the Contractor provide KUA with products and/or services not under this Agreement, KUA expects to pay a fair and

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reasonable price for all products and/or services rendered or contracted in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God.”

24. Certification of OSHA and Indemnification

By its signature on the Contract Agreement, Contractor hereby certifies that it is aware of any and all applicable federal and state requirements, including those imposed by rules and regulations of relevant governmental authorities, of the Occupational Safety and Health Act, and further certifies that it has taken and will take all actions necessary to ensure full compliance with such requirements, including compliance by its employees, subcontractors and materialmen (and any person employed by either) for the duration of this Contract Agreement. Contractor agrees to indemnify and hold KUA harmless for any and all claims, losses, penalties, fines and expenses (including, without limitation, any and all reasonable attorney’s and expert’s fees) related to Contractor’s failure, and/or the failure of its subcontractors and materialmen, to abide by the terms of this Solicitation document.

25. I-9 Verification Compliance and Indemnification

By its signature on the Contract Agreement, Contractor hereby certifies that it is aware of any and all applicable federal immigration law requirements, including, without limitation, Contractor’s obligation to properly verify the legal work status of each of its employees by the filing of a complete and accurate Form I-9. Contractor also acknowledges the importance of ensuring that all personnel accessing any of KUA’s property have been properly verified through the I-9 documentation process. Accordingly, Contractor further certifies that it has taken and will take all actions necessary to ensure full compliance with the Form I-9 requirements, and any other applicable immigration law requirements, and shall also ensure the compliance with such requirements by any subcontractors and materialmen employed by Contractor on this Contract Agreement. Contractor agrees to indemnify and hold KUA harmless for any and all claims, losses, penalties, fines and expenses (including, without limitation, any and all reasonable attorney’s and expert’s fees) related to Contractor’s failure, and/or the failure of its subcontractors and materialmen, to abide by the terms of this Solicitation document.

Effective January 1, 2021, Contractor certifies, that it has read and understands the requirement under Section 288.061 and 448.095 and will comply with the requirements as stated therein. In accordance with Florida Statutes, Sections

288.061 and 448.095, it has registered with and uses the E-Verify system to verify the work authorization status of all its newly hired employees and said employees have passed all e-verification checks. In addition, the Contractor will obtain an affidavit from its subcontractors that the subcontractors’ employees’ work authorization status has been verified through the E-Verify system and said employees have passed all e-verification checks.

26. Florida Sunshine Law Requirements

Contractor acknowledges that KUA, as a local government agency, is subject to public records disclosure requirements contained in Florida Statutes, §119.07, et seq. Contractor further understands that to the extent it should act on behalf of

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KUA in carrying out the terms and conditions of this Contract, it would be subject to the public records retention and other requirements set forth in Florida Statutes, §119.0701. Contractor acknowledges that it has read and is fully aware of the requirements set forth in Florida Statutes, §119.0701 and agrees to fully comply with the requirements therein to the extent it acts on behalf of KUA. Questions regarding the application of Florida Statutes, §119.0701 to this engagement, contact the custodian of public records at (407) 933-9883 or email to:

records@kua.com.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

RECORDS AT 407-933-9883, records@kua.com, and KISSIMMEE

UTILITY AUTHORITY, 1701 W CARROLL STREET, KISSIMMEE, FL

34741.

27. Confidential Information

Confidential Information, however, shall not include: (a) Information which is already generally available to the public; (b) Information which becomes generally available to the public after submission of a bid or response to a solicitation; (c) Information that is independently developed without access to the Bidder or Respondent's Confidential Information; and (e) Information disclosed under legal compulsion, Information must be marked "Confidential" to be considered Confidential Information. For purposes of applying this section, "Confidential Information" shall mean only such information defined as a "trade secret" under Florida Statutes, Section 812.081, as referenced in Section 815.045, or defined as "proprietary confidential business information" under Florida Statutes, Section 119.0713, as amended.

27.1. Handling of Public Records Requests for Confidential Information. The Owner is a local government agency subject to Florida's public records law and the disclosure requirements of that law. In the event the Owner receives a public records request seeking disclosure of Confidential Information identified as such and owned by a Bidder or Respondent, the Owner will inform the requester of the exempt status of the Confidential Information. Should the requester file a legal action seeking such disclosure of this information, the Bidder or Respondent will be solely responsible, including retaining legal counsel, for seeking protection of its Confidential Information in the forum where such litigation is filed. In the event the requester prevails and a court of law with competent jurisdiction over the matter awards requester its attorney's fees, the Bidder or Respondent will be solely responsible for the payment of such fees and Bidder or Respondent's agreement to be so obligated shall be established by submitting any bid or solicitation response subject to this Solicitation document.

27.2. Labeling of Confidential or Trade Secret Information. In order to get the benefit of the protection provided by this Solicitation and Florida Statutes, Bidders and Respondents are obligated to properly and prominently label

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information qualifying for protection as "Confidential" or "Trade Secret" information. The failure by a Bidder or Respondent to properly label its information accordingly puts such information at the Bidder's or Respondent's own risk and KUA accepts no responsibility legal or otherwise for disclosure of non-labeled or improperly labeled information. Also, given that Florida law favors liberal disclosure of information in government hands, Bidders and Respondents shall exercise reasonable judgment in labeling information as protected confidential or trade secret information. By submitting any bid or solicitation response subject to this Solicitation, the Bidder or Respondent agrees to indemnify, defend and hold the Owner harmless for any loss or claim due to Bidder or Respondent's failure to label Confidential Information appropriately.

28. Bidder’s Qualifications

Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of performance for a minimum of two years, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service. In addition, bidders must provide at least four (4) references (company name, address, email address and telephone number). The Contractor must have a means of daily communication with KUA via telephone and/or e-mail address.

29. Vendor Access to KUA Systems and Network

Contractor shall be required to complete the Vendor Access to KUA Systems and Network Certification (Access Certification) in order to obtain access to the Owner’s systems and network. Contractor agrees that it, its employees, contractors, subcontractors and agents will adhere to and be bound by the terms and conditions of the KUA Network Access Policy referenced in the Access Certification.

30. Notices

The parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, with copy to last known email address shall constitute sufficient notice to the Owner and the Contractor. All notices required and/or made pursuant to this Contract Agreement to be given to the Owner and the Contractor shall be in writing and given by way of the United States Postal Service, first class mail, postage prepaid, addressed to the owner.

OWNER: Kissimmee Utility Authority Attention:

Procurement Services Division 1701 West Carroll Street Kissimmee, Florida 34741 CC: procurement@kua.com

CONTRACTOR shall complete and submit the required form “Notices” as part of their bid.

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31. Insurance Requirements

31.1. KUA reserves the right to modify the insurance requirements set forth at any time during the process of solicitation or subsequent thereto. Except as otherwise specified in this contract, the Contractor and the Contractor’s subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the Owner. It shall be the responsibility of the Contractor to maintain adequate insurance coverage and to assure that subcontractors are adequately insured at all times. Failure of the Contractor to maintain adequate coverage shall not relieve him/her of any contractual responsibility or obligation.

31.2. The requirements specified herein as to types, limits, and Owner’s approval of insurance coverage to be maintained by the Contractor and the Contractor’s subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and the Contractor’s subcontractors under this contract.

31.3. Any insurance carried by the Owner which may be applicable shall be deemed to be excess insurance and the Contractor’s insurance primary for all purposes despite any conflicting provision in the Contractor’s policies to the contrary.

31.4. For insurance purposes, the title of ownership of materials furnished under this contract shall remain with the Contractor until the Owner receives such materials at the specified destination.

32. Additional Insured

Upon award, all insurance coverages furnished under this contract, except for Workers’ Compensation and Employer’s Liability, shall include the Owner and its board members, officials, directors, partners, consultants, agents, and employees as additional insured’s with respect to the activities of the Contractor and the Contractor’s subcontractors. These policies shall contain a “cross-liability” or “severability of interest” clause or endorsement. Notwithstanding any other provision of these policies, the insurance afforded shall apply separately to each insured, named insured, or additional insured with respect to any claim, suit, or judgment made or brought by or for any other insured, named insured, or additional insured as though a separate policy had been issued to each, except the insurer’s liability shall not be increased beyond the amount or amounts for which the insurer would have been liable had only one insured been named. The Owner shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies.

33. Waiver of Subrogation

33.1. The Contractor and the Contractor’s subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of

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subrogation against Owner, its board members, officials, directors, partners, consultants, agents, and employees.

33.2. KUA shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance.

34. Certificates of Insurance

34.1. A Certificate of Insurance Form will be furnished by the Contractor upon notice of award. These shall be completed by the authorized representative and presented to the Procurement Services Division. The certificate shall be dated and show the following:

34.2. The name of the insurer, the effective and termination date, the specified job by name and contract number, name of the insured Contractor and the policy number.

34.3. Statement that the insurer will mail notice to KUA at least thirty (30) days prior to any material deviations or cancellations of the policy.

34.4. Shall include all deductibles and/or self-insurance retentions for each line of insurance coverage.

34.5. The Certificate(s) of insurance shall designate KUA as certificate of holder as follows:

Kissimmee Utility Authority Attention: Procurement Services Division 1701 W. Carroll Street Kissimmee, FL 34741

35. Workers’ Compensation and Employer’s Liability

This insurance shall protect the Contractor against all claims under applicable state workers’ compensation laws. The insured’s shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provision of a workers’ compensation law. This policy shall include an "all states" or "other states" endorsement.

36. Commercial Automobile Liability

This insurance shall be written in commercial form and shall protect the Contractor and the additional insured against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired.

37. Commercial General Liability

This insurance shall be an "occurrence" type policy written in commercial form and shall protect the Contractor and the additional insured against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the Owner or others arising out of any act or omission of the Contractor or the Contractor’s agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual personal injury liability coverage, a

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"protective liability" endorsement to insure the contractual liability assumed by the Contractor and "Completed Operations and Products Liability" coverage (to remain in force for 2 years after final payment).

38. Umbrella Liability Policy

This insurance shall protect the Contractor and the additional insured against all claims in excess of the limits provided under the employer’s liability, commercial automobile liability, and the commercial general liability policies. The liability limits of the umbrella liability policy shall not be less than $1,000,000. The policy shall be an “occurrence” type policy.

- This area intentionally blank; Insurance Schedule Table on following pages -

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39. Insurance Schedule – “SERVICE”

39.1. Service Tier A - Less Than $250,000 Per Repair, or Service

GENERAL

LIABILITY

(per occurrence)

GENERAL

AGGREGATE

(per year)

VEHICLE

(if vehicle is used in performance of contract) OR Property Damage AND Bodily Injury (per person)

WORKERS

COMPENSATION

$1,000,000 $2,000,000 $1,000,000 Combined Single Limit $1,000,000

39.2. Service Tier B - $250,000 to $500,000 Per Repair, or Service

GENERAL

LIABILITY

(per occurrence)

GENERAL

AGGREGATE

(per year)

EXCESS/

UMBRELLA

VEHICLE

(if vehicle is used in performance of contract) OR Property Damage AND Bodily

Injury (per person)

WORKERS

COMPENSATION

$1,000,000 $2,000,000 $1,000,000 $1,000,000 Combined Single Limit $1,000,000

39.3. Service Tier C - Greater Than $500,000 Per Repair, or Service

GENERAL

LIABILITY

(per occurrence)

GENERAL

AGGREGATE

(per year)

EXCESS/

UMBRELLA

VEHICLE

(if vehicle is used in performance of contract) OR Property Damage AND Bodily

Injury (per person)

WORKERS

COMPENSATION

$1,000,000 $2,000,000 $2,000,000 $1,000,000 Combined Single Limit $1,000,000

SECTION 2, PAGE 15 OF 16, REV 021825

Insurance Schedule – PROFESSIONAL

39.4. Professional Tier A - Less Than $1,000,000

Design Value/Professional Services (under $5K)

GENERAL LIABILITY

(per occurrence)

GENERAL AGGREGATE

(per year)

EXCESS/

UMBRELLA

$1,000,000 $2,000,000 $1,000,000

PROFESSIONAL

LIABILITY

(add when professional services are to be provided)

VEHICLE

(if vehicle is used in performance of contract) OR Property Damage AND Bodily Injury (per person)

WORKERS

COMPENSATION

$1,000,000 $1,000,000 Combined Single Limit $1,000,000

39.5. Professional Tier B - Less Than $1,000,000

Design Value/Professional Services (over $5K)

GENERAL LIABILITY

(per occurrence)

GENERAL AGGREGATE

(per year)

EXCESS/

$1,000,000 $2,000,000 $1,000,000

(add when professional services are to be provided)

VEHICLE

(if vehicle is used in performance of contract) OR Property Damage AND Bodily Injury (per person)

WORKERS

COMPENSATION

$3,000,000 $1,000,000 Combined Single Limit $1,000,000

39.6. Professional Tier C - Greater Than $1,000,000

Design Value/Professional Services (under $10 M)

GENERAL LIABILITY

(per occurrence)

GENERAL AGGREGATE

(per year)

EXCESS/

$1,000,000 $2,000,000 $5,000,000

(add when professional services are to be provided)

VEHICLE

(if vehicle is used in performance of contract) OR Property Damage AND Bodily Injury (per person)

WORKERS

COMPENSATION

$5,000,000 $1,000,000 Combined Single Limit $1,000,000

SECTION 2, PAGE 16 OF 16, REV 021825

40. Insurance Schedule – CONSTRUCTION

40.1. Construction Tier A - Less Than $250,000 Construction

GENERAL LIABILITY

(per occurrence)

GENERAL

AGGREGATE

(per year)

EXCESS/

UMBRELLA

PROFESSIONAL LIABILITY

(add when professional services are to be provided)

$1,000,000 $2,000,000 $1,000,000 Add $1M if Design, Engineer, Procure, and/or Build

VEHICLE

(if vehicle is used in performance of contract) OR Property Damage AND Bodily

Injury (per person)

WORKERS

COMPENSATION

BUILDERS RISK

(for construction projects)

$1,000,000 Combined Single Limit $1,000,000

Before start of construction based on time and project value

40.2. Construction Tier B - Less Than $750,000 Construction

GENERAL LIABILITY

(per occurrence)

GENERAL

AGGREGATE

(per year)

EXCESS/

UMBRELLA

PROFESSIONAL LIABILITY

(add when professional services are to be provided)

$1,000,000 $2,000,000 $3,000,000 Add $3M if Design, Engineer, performance of contract) OR

Property Damage AND Bodily Injury

(per person)

WORKERS

COMPENSATION

BUILDERS RISK

(for construction projects)

$1,000,000 Combined Single Limit $1,000,000

Before start of construction based on time and project value

40.3. Construction Tier C - Greater Than $750,000 Construction (Review project before finalizing values)

GENERAL LIABILITY

(per occurrence)

GENERAL

AGGREGATE

(per year)

EXCESS/

UMBRELLA

PROFESSIONAL LIABILITY

(add when professional services are to be provided)

$1,000,000 $2,000,000 $10,000,000 Add $5M if Design, Engineer, performance of contract) OR Property Damage AND Bodily Injury

(per person)

WORKERS

COMPENSATION

BUILDERS RISK

(for construction projects)

$1,000,000 Combined Single Limit $1,000,000

Before start of construction based on time and project value