REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL RIGHT OF WAY ACQUISITION SERVICES

R.F.Q. NO.: 2026-RFQ-119

Issued for Bid: August 2026

Prepared by:

CITY OF LAKELAND

Public Works Department 228 S. Massachusetts Avenue Lakeland, Florida 33801

Initiated: 7/9/2026

TABLE OF CONTENTS

Section Page No.

Notice of Publication - Request for Qualifications

Attachments:

A. City Insurance Requirements B. City Indemnification - Consultant C. City Specification of Safety and Occupational Requirements D. City Consultant Expense Reimbursement Policy E. Proposed Continuing Contract and Agreement for Right of Way Acquisition Professional Services F. Drug-Free Workplace Program Certification G. Suspension and Debarment Certification H. Human Trafficking Affidavit

NOTICE

REQUEST FOR QUALIFICATIONS

PROFESSIONAL RIGHT OF WAY ACQUISITION SERVICES (CCNA)

September 22, 2026

R.F.Q. NO. 2026-RFQ-119

Qualification packages will be received electronically by the Purchasing Manager via OpenGov, the City’s e- Procurement Portal (“Portal”), until 2:00 pm – Tuesday, October 13, 2026. Qualifications received after this specified time and date will not be considered.

Qualification Documents may be accessed by visiting our Website at https://procurement.opengov.com/portal/lakelandgov or by contacting the City of Lakeland Purchasing Division @ (863) 834-6780. Qualification Documents are Required for Submittal. Respondents are required to submit their response through the Portal. Respondents shall sign up on the Portal if an account does not exist.

THE CITY OF LAKELAND PUBLIC WORKS DEPARTMENT IS REQUESTING QUALIFICATION PACKAGES FOR RIGHT OF WAY ACQUISITION PROFESSIONAL SERVICES CONTRACTS. THE SCOPE OF WORK FOR THIS SPECIFIC CONTRACT INCLUDES, WITHOUT LIMITATION; PROJECT ADMINISTRATION, TITLE SERVICES, APPRAISAL SERVICES, APPRAISAL REVIEW SERVICES, ACQUISITION SERVICES, CLOSING SERVICES, RELOCATION ASSISTANCE SERVICES AND SERVICES FOR THE DISPOSAL OF PROPERTY IN CONNECTION WITH THE NECESSARY RIGHT OF WAY. SPECIFIC SERVICES SHALL BE AUTHORIZED BY INDIVIDUAL WORK AUTHORIZATIONS ON AN AS-NEEDED BASIS AND THERE IS NO GUARANTEE OF MINIMUM WORK BY THE CITY. THE QUALIFICATIONS SUBMITTED SHALL BE IN COMPLETE ACCORDANCE, WITHOUT LIMITATION, WITH THIS REQUEST FOR QUALIFICATIONS, CITY OF LAKELAND SPECIFICATIONS ENTITLED "REQUEST FOR QUALIFICATIONS FOR RIGHT OF WAY ACQUISITION PROFESSIONAL SERVICE," ALL CODES, SPECIFICATIONS, AND REQUIREMENTS REFERENCED THERIN.

This Annual Consulting Requirement shall be firm and valid through September 30, 2029, with an option for two (2), one (1) year renewals, upon mutual consent.

All Questions regarding this request for qualifications shall be in writing and submitted electronically via the Portal through the Question and Answer tab. Responses will be released on the Question and Answer Tab.

CLARIFICATION AND/OR EXCEPTIONS OF DOCUMENTATION

Respondents requiring clarification or having a dispute with these documents must advise the City Purchasing Division of the nature of the required clarification or basis of the dispute, in writing, no later than 5:00 pm on October 5, 2026 via the Portal's Question and Answer tab. If no written contact has been made by this specified date, the Respondent waives the right to any future consideration and accepts the documents as published and/or revised by the City. Additionally, submitting a signed bid shall be construed as a total compliance statement. Note: Any use of brand names (manufacturer) in this invitation and specification is for Bidder convenience only and shall not limit this offering. Equal or better equipment and alternate bids may be given consideration.

FLORIDA PUBLIC RECORDS LAW

Qualification submittal information shall be subject to Chapter 119, Florida Statutes, generally known as the “Florida Public Records Law.” This statute provides that all documents, papers, records and similar material produced or received by an agency or political subdivision of the State are subject to public inspection and review under reasonable conditions and at reasonable times. Accordingly, unless specifically exempted by law, all bids and materials received with bids, marketing information, quotations, proposals, specifications, correspondence, forms, contracts, bonds, financial statements, prospectus, corporate resumes, product summaries, lab reports, inspection and test reports and any other such material will be considered a matter of public record. The City and its staff cannot regard any document, information or data as proprietary or confidential unless so advised by the City Attorney.

Additionally, should a Contractor enter into an Agreement with the City, the Contractor shall comply with Florida Statute Chapter 119, the Florida Public Records Act as it relates to records kept and maintained by Contractor in performance of services pursuant to this Agreement. In accordance with Florida Statute §119.0701, the Contractor shall keep and maintain public records required by the City in performance of services pursuant to the contract. Upon request from the City’s custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided pursuant to Florida Statute Chapter 119 or as otherwise provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform services pursuant to the contract. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City.

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 PUBLIC RECORDS: KELLY S. KOOS – CITY CLERK AT: PHONE: 863-834-6210, E-MAIL: cityclerk@lakelandgov.net , MAIL: ATTN: CITY CLERK 228 S. MASSACHUSETTS AVE., LAKELAND, FLORIDA 33801.

EXPARTE COMMUNICATION

Please note that to insure the proper and fair evaluation of a proposal, the City of Lakeland prohibits exparte communication (i.e., unsolicited) initiated by the Respondent to the City Official or Employee evaluating or considering the proposals prior to the time a proposal decision has been made. Communication between Respondent and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the proposal. Exparte communication may be grounds for disqualifying the offending Respondent from consideration or award of the proposal then in evaluation or any future proposal.

PUBLIC ENTITY CRIMES STATEMENT

In accordance with Florida Statues Sec. 287.133(2)(a), “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

DISCRIMINATORY VENDOR LIST

In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity.

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

The City of Lakeland is a Drug Free Workplace. By submitting a bid in response to this Invitation to Bid, you are certifying that your company is a drug-free workplace in accordance with Florida Statute 287.087. The attached Drug-Free Workplace Program Certification Form must be signed and returned to this office with the qualifications proposal package. Note: Drug-Free Workplace will not be used as part of the scoring criteria.

SUSPENSION AND DEBARMENT CERTIFICATION

By submitting this bid/proposal, the bidder/proposer warrants and certifies that no principal (which includes officers, directors, or executives) is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation on this project by any Federal, State, or local department or agency. The attached Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions for Federal Contracts Form (Form 375-030-32) must be signed and returned to this office with the qualifications proposal package.

INSURANCE AND SAFETY REQUIREMENTS

All insurance shall be secured from or countersigned by an agent or surety company recognized in good standing and authorized to do business in the State of Florida.

The Respondent shall, within ten (10) days of notification of award and prior to commencement of work, take out and maintain in full force and effect minimum insurance coverage as specified in the enclosed requirements. This insurance shall remain in force and effect throughout the duration of the contract.

A certificate of existing insurance coverage should be submitted with the proposal as proof of insurability with the City of Lakeland named as additional insured. If the current coverage does not meet the RFQ qualification requirements, then the Respondent should request an affidavit of insurability from the Respondent’s insurance agent that certifies the requirements can and will be met. Failure to provide adequate insurance coverage may be cause for disqualification as non-responsive to the proposal requirements. The Respondent agrees to accept and abide by the City of Lakeland safety regulations in complete accordance with the attached requirements.

INDEMNIFICATION AGREEMENT

The Respondent agrees to indemnify and hold harmless the City of Lakeland in complete accordance with the attached requirements. This agreement shall be signed, notarized and returned with the qualification’s submittal. Failure to provide the Hold Harmless Indemnification Agreement may be cause for disqualification as non-responsive to the qualification requirements.

“To the fullest extent permitted by law, the Recipient’s contractor/consultant shall indemnify and hold harmless the Recipient and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement.

This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient’s sovereign immunity.”

PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESET IN GOVERNMENT CONTRACTING –F.S.287.05701

Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

ADDENDA

It is the Respondent’s responsibility to review all available project documents including Addenda, Notices and Questions & Answers prior to submitting qualifications. Respondent shall acknowledge all addenda electronically within their submission via the Portal.

The failure of a Respondent to submit acknowledgement of any addenda that affects the proposal price(s) may be considered an irregularity and may be cause for rejection of the proposal.

BID PROTEST PROCEDURE

The City’s procedure on bid disputes is located in the City’s Purchasing Manual and can be found at https://www.lakelandgov.net/departments/purchasing/bid-dispute-policy.

CONFLICT OF INTEREST / STATEMENT OF NON-COLLUSION

The award hereunder is subject to Chapter 112, Florida Statutes. All respondents must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Lakeland. Further, all respondents must disclose the name of any City of Lakeland employee who owns, directly or indirectly, an interest of five percent (5%) or more of the respondent’s firm or any of its branches.

The respondent shall certify that he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the bid and that the respondent is not financially interested in, or otherwise affiliated in a business way with any other respondent on the same land or improvements.

E-VERIFY CERTIFICATION

Vendor/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of:

All persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and

All persons, including subcontractors, assigned by the Vendor/Contractor to perform work pursuant to the Contract with the City.

VENDOR/CONTRACTOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES

Section 287.135, Florida Statutes, as may be amended, prohibits agencies or local government entities from contracting with companies for goods or services of $1,000,000.00 or more, that are on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel and that it does not have business operations with Cuba or Syria.

As the person authorized to submit responses/bids on behalf of respondent/bidder, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel or has business operations in Cuba or Syria. I understand that pursuant to section 287.135 , Florida Statutes, as may be amended, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

TERMS AND CONDITIONS OF AGREEMENT

A copy of the proposed agreement to be entered into with the successful bidder in included with this bid as an Attachment, should the City require such. Please include any exceptions/revisions to the agreement with your submittal for review during the evaluation period.

OPENGOV PROCUREMENT

The City of Lakeland uses OpenGov, the e-Procurement Portal (“Portal”), to administer the competitive solicitation process, including but not limited to soliciting quotes, sealed bids, proposals, and qualifications, issuing addenda, posting results and issuing notification of an intended decision. Bidders are strongly encouraged to familiarize themselves well in advance of their intention of submitting qualifications to ensure familiarity with the use of the Portal. The City shall not be responsible for a Bidder’s inability to submit qualifications by the end date and time for any reason, including issues arising from the use of the Portal.

REQUEST FOR QUALIFICATIONS (RFQ) SUBMITTAL

Respondent shall complete all electronic sections of their response and submit a response before the due date and time identified in the Timeline of this solicitation. Electronic sections may comprise of but are not limited to Contact Information, Addenda Confirmation, Questionnaire and Company Profile.

The City of Lakeland at its sole discretion reserves the right to waive technicalities or irregularities, to reject any or all proposals, and/or to accept that proposal which is in the best interest of the City. The City will evaluate and rank Respondents based solely on the qualifications, relevant experience, capabilities, availability, past performance, project approach, and other evaluation criteria stated in this RFQ. Pricing, hourly rates, fee schedules, and other compensation information shall not be submitted or considered during the qualifications evaluation and ranking process. Following the ranking, the City may negotiate an agreement and compensation with the highest-ranked Respondent or Respondents in accordance with the City’s approved CCNA procedures. The City reserves the right to accept all or part, or to decline the whole, and to award this RFQ to one (1) or more Respondents. There is no obligation to buy. The RFQ, if awarded, will be in the judgement of the City the most responsive to the City’s needs.

The City of Lakeland encourages the use of minority and women-owned businesses as subcontractors or in joint venture arrangements.

DO NOT SUBMIT PRICING, HOURLY RATES, FEE SCHEDULES, OR OTHER COMPENSATION INFORMATION WITH THE STATEMENT OF QUALIFICATIONS. COMPENSATION WILL BE REQUESTED AND NEGOTIATED ONLY AFTER THE CITY COMPLETES ITS QUALIFICATIONS EVALUATION AND RANKING.

SECTION I

General Information

I. SCOPE OF WORK: The City of Lakeland, a Florida municipal corporation ("City"), is requesting Statements of Qualifications (SOQ) from qualified respondents ("Respondents") for Right-of-Way Acquisition Professional Services (ROWAPS). The general scope of work includes, but is not limited to, the following services:

II. CONTRACT AWARD AND TERM: Depending upon the outcome of the evaluations, the City intends to select and enter into non-exclusive continuing-services agreements with up to four (4) qualified firms for Right-of-Way Acquisition Professional Services. Each agreement will have an initial term of three (3) years beginning on its effective date, with the option, at the City’s sole discretion and subject to satisfactory performance, to renew the agreement for up to two additional one (1) year extensions.

A. Specific services will be authorized through individual Task Authorizations issued on an as-needed basis. Selection for an agreement does not guarantee that a Consultant will receive any minimum number, value, or type of Task Authorizations.

B. Specific services shall be authorized by individual task authorizations on an as-needed basis. There is no guarantee of minimum work by the CITY.

SECTION II

Statement of Work

J. Relocation Services This shall be included for Residential, Business, Personal Property, Mini Storage Units and Outdoor Advertising Signs.

1 All documents of conveyance are subject to CITY approval.

III. SUBCONTRACTORS:

The Respondent shall not subcontract any part of its contract with the CITY without the prior written approval of the CITY. If allowed, Respondent's subcontractors shall meet the same requirements and level of experience as required of the Respondent. No subcontract shall relieve the Respondent of responsibility for the service. Furthermore, if the Respondent uses a subcontractor for any of the Work, the Respondent shall be the only contact for CITY and subcontractors. Respondent shall list a designated point of contact for all CITY and subcontractor inquiries.

IV. PERFORMANCE MEASURES:

As a performance-based contract, all work performed will be evaluated in relation to the contracted scope of work, accuracy and thoroughness of the Respondent's documentation, and the timeliness of the deliverables.

SECTION III

Qualification Package Information

I. SCHEDULE OF EVENTS:

A. The proposed scheduled dates for the selection of multiple qualified firms are set forth below:

*Dates are subject to change

B. Respondents shall provide written Statement of Qualifications ("SOQ") package in accordance with the requirements specified in the Notice for Request for Qualifications.

III. QUESTIONS:

A. All Questions regarding this request for qualifications shall be in writing and submitted electronically via the Portal through the Question and Answer tab. Responses will be released on the Question and Answer Tab. Please contact Ms. Tara Walls, CPPB, Senior Buyer, via e-mail at purch@lakelandgov.net for all other inquiries.

IV. Submittal Requirements and Selection Process:

SOQ CONTENT: The Statement of Qualifications (“SOQ”) package shall consist of the following:

The SOQ format is intended to provide Respondents with the opportunity to demonstrate their qualifications and ability to perform the requested services. The SOQ is not intended to be unnecessarily expensive or elaborate. Responses should be concise, clearly organized, and directly responsive to the requirements of this RFQ.

Failure to provide required information may result in the SOQ being determined nonresponsive or may adversely affect the Respondent’s evaluation.

Submittal Requirements:

A. TAB I — Cover Letter of Interest: The Cover Letter of Interest shall include:

1. RFQ name and number;

2. Prime Respondent’s legal entity name;

3. Name, title, telephone number, and email address of the Respondent’s primary contact;

4. Name and title of the person authorized to make representations and commitments on behalf of the Respondent;

5. A statement confirming that the SOQ will remain valid for a minimum of one hundred twenty (120) days after the submission deadline; and

6. A statement confirming that the SOQ does not contain pricing, hourly rates, fee schedules, or other compensation information.

B. TAB II — Understanding and Approach to the Scope of Services: The Respondent shall demonstrate its understanding of the continuing Right-of-Way Acquisition Professional Services described in this RFQ and explain its proposed approach to performing and managing the services. The response should address, at a minimum:

1. General understanding of the City’s continuing-services requirements

2. Approach to Project administration, coordination, reporting, quality assurance & quality control, project and parcel file management;

3. Approach to Title services, appraisal, and appraisal review services;

4. Approach to Acquisition and negotiation services, Closing and property disposal services;

5. Approach to Relocation assistance and compliance with applicable City, FDOT, State, and Federal requirements.

If subconsultants are proposed, the Respondent shall describe their roles, responsibilities, experience, and the manner in which their services will be coordinated with the Prime Respondent and the City.

C. TAB III — Consultant Technical Qualifications and Relevant Experience: The Respondent shall provide information demonstrating its technical qualifications and experience with services comparable to those identified in this RFQ. Experience shall be limited to a maximum of five (5) projects or continuing-services contracts performed within the past ten (10) years. For each project or contract, provide:

1. Client name, description of the project/or services.

2. Description of the services performed and the Respondent’s role and responsibilities;

3. Identification of services performed by subconsultants and proposed personnel who participated in the work, when applicable;

4. Description of any significant challenges, the Respondent’s approach to resolving those challenges, and comparison of the original and actual project schedule.

5. Client’s contact person, telephone number and email address.

The examples should demonstrate relevant experience with Florida public agencies, eminent domain, appraisal, appraisal review, acquisition, negotiation, relocation assistance, title, closing, FDOT procedures, and applicable federal requirements.

D. TAB IV — Project Staffing Plan and Availability/Workload: The Respondent shall provide a staffing plan identifying the organizational structure proposed to furnish the services described in this RFQ. The staffing plan should include:

1. An organizational chart, Identification of the proposed contract or project manager and availability of personnel assigned to the project;

2. A description of the responsibilities of assigned staff;

3. Identification of work proposed to be performed by subconsultant firms;

4. Current and projected workload of the Respondent and proposed key personnel.

The proposed contract or project manager may also serve in one of the required technical positions, provided the individual possesses the applicable qualifications.

At a minimum, the proposed team shall include nine (9) qualified personnel consisting of:

1. One (1) Title Specialist;

2. Two (2) Real Estate Appraisers;

3. Two (2) Real Estate Review Appraisers;

4. Three (3) Negotiation/Acquisition Agents; and

5. One (1) Relocation Assistance Specialist.

Team members may be full-time employees of the Respondent or proposed subconsultants. Proposed subconsultants are subject to City approval.

E. TAB V — Resumes, Licenses, Certifications, and Professional Designations: The Respondent shall provide resumes for the proposed contract or project manager and all proposed key personnel. Resumes shall also include Active professional licenses, Professional certifications and designations; and Relevant projects completed within the past ten (10) years. Each proposed Real Estate Appraiser and Real Estate Review Appraiser shall provide evidence of an active Florida Certified General Real Estate Appraiser license and the professional certification or designation required by this RFQ. The Respondent shall identify whether each individual is employed by the Prime Respondent or a proposed subconsultant. Key personnel shall not be replaced without the City’s prior written approval. Any proposed replacement shall possess qualifications and experience equal to or greater than those of the individual being replaced.

F. TAB VI — Required Forms and Certifications: The Respondent shall submit all forms, certifications, affidavits, acknowledgments, and other documentation required by this RFQ or the OpenGov Portal. Required forms may include, but are not limited to:

1. Drug-Free Workplace Program Certification;

2. Suspension and Debarment Certification;

3. Human Trafficking Affidavit;

4. Addenda acknowledgments;

5. Conflict-of-interest disclosures;

6. Insurance or evidence-of-insurability documentation; and

7. Any other forms identified in the RFQ or Portal.

Unless otherwise stated, required forms and certifications will be reviewed for responsiveness and will not receive evaluation points.

G. TAB VII — Copy of Respondent’s current applicable Florida License

H. TAB VIII — List any exemptions to the Professional Services Agreement

V. EVALUATION CRITERIA:

A. Respondents meeting the minimum qualification and submittal requirements of this RFQ will be evaluated and ranked according to the following criteria:

The City may use detailed evaluation factors and scoring guidance within each criterion as part of the Professional Services SOQ Evaluation Matrix used by the Selection Committee.

B. Professional qualifications of the Respondent’s Right-of-Way Acquisition Professional Services (“ROWAPS”) team shall include a minimum of nine persons. Team members may be full-time employees of the Respondent or proposed subcontractors. All qualifications and information regarding proposed subcontractors shall be included with the Respondent’s SOQ. Proposed subcontractors are subject to City approval.

At a minimum, the Respondent shall provide professional qualifications for the following personnel:

1. One Title Specialist;

2. Two Real Estate Appraisers;

3. Two Real Estate Review Appraisers;

4. Three Negotiation/Acquisition Agents; and

5. One Relocation Assistance Specialist.

SECTION IV

Selection and Agreement

ATTACHMENT "A"

INSURANCE AND SAFETY REQUIREMENTS

Right of Way Acquisition Professional Services

5.1. STATEMENT OF PURPOSE

The City of Lakeland (the “City”) from time to time enters into agreements, leases and other contracts with Other Parties (as hereinafter defined).

Such Agreements shall contain at a minimum risk management/insurance term to protect the City’s interests and to minimize its potential liabilities. Accordingly, the following minimum requirements shall apply:

5.2. CITY DEFINED

The term City (wherever it may appear) is defined to mean the City of Lakeland itself, its Commission, employees, volunteers, representatives, and agents.

5.3. OTHER PARTY DEFINED

The term Other Party (wherever it may appear) is defined to mean the other person or entity which is the counter-party to the Agreement with the City and any of such Other Party’s subsidiaries, affiliates, officers, employees, volunteers, representatives, agents, contractors and subcontractors.

5.4. LOSS CONTROL/SAFETY

Precaution shall be exercised at all times by the Other Party for the protection of all persons, including employees, and property. The Other Party shall comply with all laws, rules, regulations or ordinances related to safety and health, and shall make special effort to anticipate and detect hazardous conditions and shall take such precautionary and prompt action where loss control/safety measures should reasonably be expected.

The City may order work to be stopped at any time, without liability, if conditions exist that present immediate danger to persons or property. The Other Party acknowledges that such stoppage, or failure to stop, will not shift responsibility for any damages from the Other Party to the City.

5.5. INSURANCE - BASIC COVERAGES REQUIRED

The Other Party shall procure and maintain the following described insurance, except for coverage specifically waived by the City of Lakeland, on policies and with insurers acceptable to the City, and insurers with AM Best ratings of no less than A.

These insurance requirements shall in no way limit the liability of the Other Party. The City does not represent these minimum insurance requirements to be sufficient or adequate to protect the Other Party’s interests or liabilities, but are merely minimums.

"Except for workers’ compensation and professional liability, the Other Party's insurance policies shall be endorsed to name the City of Lakeland as additional insured. It is agreed that the Other Party's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by The City of Lakeland for liability arising out of the operations of this agreement."

Except for worker’s compensation, the Other Party waives its right of recovery against the City, to the extent permitted by its insurance policies.

The Other Party’s deductibles/self-insured retentions shall be disclosed to the City and may be disapproved by the City. They shall be reduced or eliminated at the option of the City. The Other Party is responsible for the amount of any deductible or self-insured retention.

Insurance required of the Other Party or any other insurance of the Other Party shall be considered primary, and insurance of the City shall be considered excess, as may be applicable to claims which arise out of the Hold Harmless, Payment on Behalf of the City of Lakeland, Insurance, Certificates of Insurance and any Additional Insurance provisions of this agreement, contract, or lease.

5.6. Commercial General Liability

This insurance shall be an “occurrence” type policy written in comprehensive form and shall protect the Other Party and the additional insured against all claims arising from bodily injury, sickness, disease, or death of any person other than the Other Party’s employees or damage to property of the City or others arising out of any act or omission of the Other Party or its agents, employees, or Subcontractors and to be inclusive of property damage resulting from explosion, collapse or underground (xcu) exposures. This policy shall also include protection against claims insured by usual personal injury liability coverage, and to insure the contractual liability assumed by the Other Party under the article entitled INDEMNIFICATION, and “Products and Completed Operations” coverage.

The Other Party is required to continue to purchase products and completed operations coverage for a minimum of three years beyond the City’s acceptance of renovation or construction properties.

Bodily Injury and Property Damage:

· Single limit each occurrence shall not be less than $1,000,000.00 each occurrence / $5,000,000,00 annual general aggregate.

5.7. Business Automobile Liability

Business Auto Liability coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use.

Bodily Injury and Property Damage:

· Single limit each…