Wastewater_Treatment_Plant_Masterplan_Upgrades.pdf

REQUEST FOR QUALIFICATION

2026-RFQ-134

WASTEWATER TREATMENT PLANT MASTERPLAN UPGRADES

City of Lakeland

1140 E. Parker Street

Lakeland, FL 33801

RELEASE DATE: November 2, 2026

DEADLINE FOR QUESTIONS: November 30, 2026

RESPONSE DEADLINE: December 15, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/lakelandgov https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Lakeland

REQUEST FOR QUALIFICATION

Wastewater Treatment Plant Masterplan Upgrades

I. NOTICE

II. INTRODUCTION

III. SCOPE OF WORK

IV. SELECTION CRITERIA

V. MINIMUM REQUIREMENTS

VI. INSURANCE AND SAFETY REQUIREMENTS

VII. SPECIFICATION OF SAFETY AND OCCUPATIONAL HEALTH

REQUIREMENTS

VIII. VENDOR QUESTIONNAIRE

Attachments:

A - Indemnification 2026 Contractor

G - Human Trafficking Affidavit

H - 2026-08-014T RFQ REV 0 - Wastewater Treatment Plant Masterplan Upgrades

I - 2026-08-014T APPENDIX A - Sample Form of Agreement for Design Build Award

J - 2026-08-014T APPENDIX B - Existing Flow Diagrams of City of Lakeland Plants

K - 2026-08-014T APPENDIX C - DBIA-Contracts-405-Sample

Request For Qualification #2026-RFQ-134 Title: Wastewater Treatment Plant Masterplan Upgrades

1. NOTICE

REQUEST FOR QUALIFICATIONS

Wastewater Treatment Plant Masterplan Upgrades

FOR THE CITY OF LAKELAND

Monday, November 2, 2026

RFQ No.2026-RFQ-134

Qualification packages will be received electronically by the Purchasing Manager via OpenGov, the City’s e-Procurement Portal (“Portal”), until 2:00 pm – Tuesday, December 15, 2026. Qualifications received after this specified time and date will not be considered.

Qualification Documents may be accessed by visiting our Website athttps://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 IS REQUESTING QUALIFICATIONS FROM FIRMS INTERESTED IN

THE Wastewater Treatment Plant Masterplan Upgrades. ANY INTERESTED FIRM SHOULD SEND AT THE

MINIMUM, A PROPOSAL WHICH INCLUDES LOCAL OFFICE LOCATION, QUALIFICATIONS, EXPERIENCE

AND REFERENCES OF WORK PERFORMED IN THE INDUSTRY. IN COMPLIANCE WITH THE FLORIDA

CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (CCNA), RATES SHALL NOT BE INCLUDED IN THE

QUALIFICATIONS. THE QUALIFICATIONS SUBMITTED AND THE CONTRACT, IF AWARDED, SHALL BE IN

COMPLETE ACCORDANCE WITH, WITHOUT LIMITATION, THIS REQUEST FOR QUALIFICATIONS, ALL

CODES, REQUIREMENTS AND OTHER REGULATIONS REFERENCED THEREIN.

All Questions regarding this request for qualifications shall be in writing and submitted electronically via the Portal through the Question and Answer tab before 5:00 pm on Monday, November 30, 2026.

Responses will be released on the Question and Answer Tab.

1.1. CLARIFICATION AND/OR EXCEPTIONS OF DOCUMENTATION

Bidders 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 Monday, November 30, 2026 via the Portal's Question and Answer tab. If no written contact has been made by this specified date, the Bidder 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.

https://procurement.opengov.com/portal/lakelandgov

1.2. FLORIDA PUBLIC RECORDS LAW

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.

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.

1.3. 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 bid 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.

1.4. 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.

mailto:cityclerk@lakelandgov.net

A certificate of existing insurance coverage should be submitted with the qualifications as proof of insurability. If the current coverage does not meet the RFQ 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 RFQ requirements. The Contractor agrees to accept and abide by the City of Lakeland safety regulations in complete accordance with the attached requirements.

1.5. INDEMNIFICATION AGREEMENT

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

1.6. HUMAN TRAFFICKING -- F.S. 787.06(14)

In compliance with Section 787.06(14), Florida Statutes, the attached Affidavit must be completed by an officer or representative of a nongovernmental entity that is executing, renewing, or extending a contract with the City of Lakeland, Florida (the “Governmental Entity”). This attests under penalty of perjury that the nongovernmental entity does not use coercion for labor or services when a contract is executed, renewed or extended between a governmental entity.

1.7. PUBLIC ENTITY CRIMES

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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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.

1.8. DRUG-FREE WORKPLACE CERTIFICATION

By submitting qualifications in response to this Request for Qualifications, you are certifying that your company is a drug-free workplace in accordance with Florida Statute 287.087.

1.9. SUSPENSION AND DEBARMENT CERTIFICATION

By submitting a bid in response to this Request for Qualifications, you are certifying that your company, pursuant to 49 CFR Part 29: (1) is not presently suspended or debarred as, and/or listed on the U.S.

General Services Administration’s System for Award Management (SAM) as such; and (2) will at all times remain eligible to bid for and perform the services subject to the requirements set forth herein and other applicable laws. Bidder agrees that any contract awarded to Bidder will be subject to termination by the City if Contractor or its subcontractors fail to comply or maintain such compliance.

1.10. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL

INTERESTS 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.

1.11. 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.

1.12. 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.

1.13. CONFLICT OF INTEREST / STATEMENT OF NON-COLLUSION

The award hereunder is subject to Chapter 112, Florida Statutes. All respondents must disclose with their proposal 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 proposal 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.

1.14. 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.

https://www.lakelandgov.net/departments/purchasing/bid-dispute-policy

1.15. 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.

1.16. SCRUTINIZED COMPANIES OR OTHER ENTITIES

Pursuant to Florida Statute §287.135(3)(b)2., as may be amended, the City may terminate its contract with Contractor if Contractor is found to have been placed on the Scrutinized Companies or Other

Entities that Boycott Israel or is engaged in a boycott of Israel.

1.17. TERMS AND CONDITIONS OF AGREEMENT

A copy of the 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.

1.18. 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.

1.19. 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, Pricing and Company

Profile.

The City of Lakeland at its sole discretion reserves the right to waive technicalities or irregularities, to reject any or all qualifications, and/or to accept that submittal which is in the best interest of the City.

The award of this request for qualifications, if made, may be based on considerations other than total cost and may be awarded based on various considerations, including without limitation; Respondent’s experience and/or qualifications, past experience, administrative cost, standardization, technical evaluation and oral and/or written presentations as required. 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.

City of Lakeland, Florida

2. INTRODUCTION

2.1. Summary

The City of Lakeland is seeking to use the Progressive Design Build delivery method to provide needed upgrades and updates to the Glendale and Northside Wastewater Reclamation Facilities. The purpose of this RFQ is to select a Design-Build firm that can utilize existing information provided by the City and/or other sources, review current technology, and provide the most cost-efficient design and construction associated with preliminary and final designs, permitting, bidding, construction management.

The key goals of the project are the installation of a new solar drying facility or an equivalent recommended facility, replacement of the existing intermediate pump station located at the Glendale site, replacement or upgrades for equipment and systems as needed in the system, and to seek opportunity to increase plant capacity. The City of Lakeland is currently interested in solar drying from site visits to other plants but will consider other facilities that will achieve consistent class AA biosolids, with exception to composting.

This solicitation will follow the requirements of Florida Statute 287.055 termed the “Consultants’

Competitive Negotiations Act (CCNA)”. In compliance with the Florida Consultants’ Competitive

Negotiation Act (CCNA), (Chapter 287), rates shall not be included in this proposal.

2.2. Contact Information

Tara Walls

Senior Buyer

1140 East Parker Street

Lakeland, FL 33801

Email: tara.walls@lakelandgov.net

Phone: (863) 834-6780

Department:

Water Utilities - Engineering

2.3. Timeline

The City Commission may not approve this purchase, or may ask that the plan be modified in some respect. The City may opt to modify and/or terminate the project described within the RFP.

The suggested deployment schedule contained within this RFP is subject to change based on the City’s needs and/or final scoping of the project through the contract negotiation phase.

Estimated Schedule

RFQ release November 2, 2026 mailto:tara.walls@lakelandgov.net tel:(863)834-6780

Pre-Qualification Meeting (Mandatory) November 12, 2026, 10:30am

Risk & Purchasing Bid Room

1140 East Parker Street

Lakeland, FL 33801

**Please RSVP in OpenGov if you plan to attend**

RFQ questions deadline November 30, 2026, 5:00pm

RFQ submittal due date December 15, 2026, 2:00pm

3. SCOPE OF WORK

3.1. Design Build Project Scope

Complete design of repairs/upgrades of existing processes

Evaluation and design of new processes to improve efficiency

Evaluation and advisement of methods to increase plant capacity

Complete permitting through all local, state and federal agencies

Construction of final design based upon best value for available budget

3.2. Design and Construction Services Scope

A. Glendale Intermediate Pump Station Replacement/Repair

1. The intermediate pump station is in poor condition and cannot pump the same capacity as the influent pump station. This has created a point of overflow in the treatment system.

2. Improvements include repairs or replacement of wet wells, replacement of isolation valves, new grating over channels, concrete repairs and application of coatings to prevent corrosion. Increased capacity of the pump station to meet or exceed influent lift station pumping capabilities is required. Elimination of cascading wastewater that is releasing hydrogen sulfide gas causing odors and infrastructure corrosion. Improvements will require a bypass pumping system during construction work.

B. Solar Drying Facility or an equivalent biosolids facility

1. The City of Lakeland is interested in pursuing a Solar Drying facility to assist with increasing capacity and improving final products. When Glendale reaches capacity of the digestion system; biosolids cannot be transferred from Northside for treatment.

2. Improvements include construction of a Solar Drying Facility. This facility will be capable of treating both Glendale & Northside biosolids to class AA biosolids with minimal odors. Future provisions shall be included for incineration as required. City of Lakeland will consider alternative facilities that can achieve the required AA biosolids with exception of composting.

C. Northside Sludge Holding Tank Blowers and Aeration System

1. The mixing system in the tanks are past their useful life and were designed to work with the ATAD system that is no longer in service.

2. Improvements include new blowers, new diffusers, and demolition of the ATAD system. All new processes must be compatible with Glendale biosolid processing.

D. Northside Dewatering Upgrades

1. The Northside plant is not designed to dewater biosolids. The facility was designed to thicken biosolids with gravity belt thickeners. This will require modification for pursuing a new Solar Drying facility.

2. Improvements include the installation of 2 new belt presses, polymer system to feed biosolids to the new Solar Drying Facility.

E. Glendale Digester Improvements

1. The existing 2PAD process has given many challenges from pumping, heating, and cooling biosolids to maintain environments suitable for digestion. Additionally, the current covers are past their useful life and mixing system isn’t operating as designed.

2. The digesters will require evaluation based upon any changes to plant processes and biosolid products. Improvements in the current environment include simplifying treatment systems, replacing digester covers and replacing mixing systems.

F. Glendale Climber Screen Replacement, Parshall Flume, and Coatings

1. All equipment in this scope is past its useful life, and coatings have failed in this environment every 10 years. The channels were last coated in April 2021.

2. Improvements include Climber screen replacement, washer compactor & conveyor replacement, replacement Parshall flume with 316 stainless steel flume, new grating over channels, concrete repairs and application of coatings to prevent corrosion. Improvements will require a bypass pumping system during construction work.

G. Glendale Aeration Basin Diffuser Replacement

1. SSI diffusers are recommended to be replaced between 7-10 years. The diffusers at

Glendale were most recently replaced in 2017.

2. Improvements include replacing all diffusers in aeration basins at Glendale WWTP.

Installation of new equipment will require construction work to be completed in a timely manner to maintain operations.

H. Glendale Secondary Clarifier Drive Mechanism Replacement

1. The existing clarifiers are all over 20 years old. The Secondary clarifiers have coating falling off and clear signs of deterioration due to the age of the equipment.

2. Improvements include replacing 4 pier supported spiral rake and drive mechanisms.

I. Control Systems Replacement

1. The existing SCADA system is dated and approaching end of serviceable life. The City of Lakeland is seeking to make the changes necessary to align with current day cybersecurity framework.

2. Improvements include upgraded SCADA system to integrate all 3 WWTP and collection system.

J. Dump pad – Glendale

1. Glendale has a dumpster system for unloading vactor trucks that is inadequate when dumping 4 vactor trucks every day. We are dependent on sanitation to dump dumpsters when needed. A dump pad would allow Treatment and Collection to have more control over the material.

2. Improvements include dump pad for Vactor trucks to unload at the Glendale Plant.

K. Dump Pad – Northside

1. An additional dump pad at the Northside plant would enable less travel time back to

Glendale when vactor trucks are working on the north side of Lakeland. This reduces the time required for trucks to offload and complete work.

2. Improvements include dump pad for Vactor trucks to unload at the Northside Plant.

L. Glendale Fence Replacement

1. Fence on the east side of Glendale WWTP has failed during storms many times over the last 20 years. It has become very costly to have repaired.

2. Improvements include replacing chain link fence with precast concrete wall.

M. Additional Plant Capacity

1. Improvements are to increase the capacity of Glendale WWTP. Successful design-build firm is expected to provide insight and recommendations to achieve meaningful capacity growth.

4. SELECTION CRITERIA

It is the intent of the City of Lakeland to award the contract to a vendor based on:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Wastewater Treatment Experience and Past Performance

Experience and successful performance on wastewater treatment plant improvements, expansions and rehabilitation of similar size, scope, and complexity, including treatment processes, permitting, and construction within operating facilities.

Points Based 30

(30% of Total)

2. Progressive Design-Build Experience and Past Performance

Successful delivery of comparable

Progressive Design Build projects, particularly water/wastewater projects, including demonstrated experience of the proposed design and construction firms working collaboratively under the Progressive

Design Build delivery method.

Points Based 25

(25% of Total)

3. Qualifications of Key Personnel

Professional qualifications, licenses/certifications, education, demonstrated knowledge of statutes, rules, and regulations governing wastewater treatment facilities, proposed responsibilities and availability of the Project Manager, Design Manager/Engineer, Construction Manager, Superintendent, process leads and other key personnel.

Points Based 15

(15% of Total)

4. Project Understanding and

Progressive Design-Build Approach

Understanding of the City’s project, anticipated challenges, phasing, coordination, constructability, collaboration, risk management, and proposed approach to delivering the work.

Points Based 15

(15% of Total)

5. Schedule and Budget Management

Demonstrated approach and ability to manage the Project within the established schedule and budget, including cost estimating throughout design development, constructability reviews, value analysis, cost control, schedule management, and development of the Guaranteed

Maximum Price (GMP).

Points Based 10

(10% of Total)

6. Capacity, Availability and

Current/Projected Workload

Capacity and availability of the proposed team and resources necessary to meet the City’s schedule.

Points Based 5

(5% of Total)

5. MINIMUM REQUIREMENTS

5.1. MINIMUM REQUIREMENTS

The following information must be included for a proposal to be deemed responsive:

• Attendance at Mandatory Pre-Qualification meeting

6. INSURANCE AND SAFETY REQUIREMENTS

6.1. 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:

6.2. 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.

6.3. 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.

6.4. 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.

6.5. 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.

6.6. 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

6.7. 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 occurrence shall not be less than:$1,000,000.00

6.8. Workers’ Compensation

Workers’ Compensation coverage to apply for all employees for statutory limits and shall include employer’s liability with a limit of $100,000 each accident, $500,000 disease policy limits, $100,000 disease limit each employee. (“All States” endorsement is required where applicable). If exempt from

Worker’s Compensation coverage, as defined in Florida Statue 440, the Other Party will provide a copy of State Workers’ Compensation exemption.

All subcontractors shall be required to maintain Worker’s Compensation.

The Other Party shall also purchase any other coverage required by law for the benefit of employees.

6.9. Excess Liability

This insurance shall protect the Other Party and the additional insured against all claims in excess of the limits provided under the employer’s liability, commercial automobile liability, and commercial general liability policies. The policy shall be an “occurrence” type policy, and shall follow the form of the General and Automobile Liability.

The liability limits shall not be less than: $1,000,000.00

6.10. Builder's Risk Coverage

Builder’s Risk insurance is to be purchased to cover subject property for all risks of loss (including theft and sinkhole), subject to a waiver of coinsurance and covering off-site storage, transit and installation risks as indicated in the Installation Floater (below) and Transportation insurance described hereafter, if such coverages are not separately provided.

The Builders Risk insurance is to be endorsed to cover the interests of all parties, including the City and all contractors and subcontractors. The insurance is to be endorsed to cover testing and to grant permission to occupy.

The liability limits shall not be less than: Replacement Cost.

OR

Installation Floater Coverage

Installation Floater Coverage is to be purchased when Builder’s Risk insurance is inappropriate, or when

Builder’s Risk insurance will not respond, to cover damage or destruction to renovations, repairs or equipment being installed or otherwise being handled or stored by the Other Party, including off-site storage, transit and installation. The amount of coverage should be adequate to provide full replacement value of the property, repairs, additions or equipment being installed, otherwise being handled or stored on or off premises. All risks coverage is preferred.

The liability limits shall not be less than: Replacement Cost

6.11. Crane or Riggers Liability

This insurance covers legal liability protection for the individual or business entity when acting as a rigger for the property of others in their care, custody and control.

The liability limits shall not be less than:$500,000

6.12. Installation Floater Coverage

Installation Floater Coverage is to be purchased when Builder’s Risk insurance is inappropriate, or when

Builder’s Risk insurance will not respond, to cover damage or destruction to renovations, repairs or equipment being installed or otherwise being handled or stored by the Other Party, including off-site storage, transit and installation. The amount of coverage should be adequate to provide full replacement value of the property, repairs, additions or equipment being installed, otherwise being handled or stored on or off premises. All risks coverage is preferred.

The liability limits shall not be less than: $ Replacement Cost or Builder's Risk Coverage

6.13. Professional Liability/Malpractice/Errors or Omissions Insurance

The Other Party shall carry professional malpractice insurance throughout the term of this Contract and shall maintain such coverage for an extended period of three (3) years after completion and acceptance of any work performed hereunder. At all times throughout the period of required coverage, said coverage shall insure all claims accruing from the first date of the Contract through the expiration date of the last policy period. In the event that Other Party shall fail to secure and maintain such coverage, Other Party shall be deemed the insurer of such professional malpractice and shall be responsible for all damages suffered by the City as a result thereof, including attorney’s fees and costs.

The liability limits shall not be less than: $1,000,000.00

6.14. EVIDENCE/CERTIFICATES OF INSURANCE

Required insurance shall be documented in Certificates of Insurance which provide that the City shall be notified at least 30 days in advance of cancellation, nonrenewable, or adverse change.

New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage renewals.

If requested by the City, the Other Party shall furnish complete copies of the Other Party’s insurance policies, forms and endorsements.

For Commercial General Liability coverage, the Other Party shall, at the option of the City, provide an indication of the amounts of claims payments or reserves chargeable to the aggregate amount of liability coverage.

Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of the Other Party’s obligation to fulfill the insurance requirements herein.

6.15. Indemnification Agreement

See https://procurement.opengov.com/portal/lakelandgov/projects/320275/document?section=undefined

7. SPECIFICATION OF SAFETY AND OCCUPATIONAL HEALTH

REQUIREMENTS

All City of Lakeland (City) project representatives who assume responsibility for contract management will be responsible for ensuring compliance with these safety requirements by all Contractors and

Subcontractors, as applicable.

7.1. General

A. All Contractors are responsible for providing their employees (including Subcontractors) with a safe and healthy working environment as required under the Occupational Health and Safety

(OSHA) Act of 1970 and the Occupational Safety and Health Administration (OSHA) standards.

Therefore, the contractor and their employees are responsible for following all applicable OSHA standards, state regulations, and the City’s Safety Practices and Policies.

B. City management reserves the right to STOP work for any condition found to be Immediately

Dangerous to Life and Health (IDLH). The Contractor is solely and exclusively responsible for compliance with all safety requirements and the safety of all their employees and property on the project site. Note: Nothing in this requirement is to be construed to as removing or shifting responsibility from the Contractor.

C. The parties hereto expressly agree that the obligation to comply with applicable safety provisions is a material provision of this Contract and a duty of the Contractor. The City reserves the right to request demonstration of compliance with the safety provisions of this Contract at the City’s discretion. The parties agree that such failure is deemed to be a material breach of this Contract. The Contractor agrees upon such breach that all work under the Contract shall terminate until compliance with the provisions of this Contract is demonstrated. In no event shall action or failure to act on the part of the City be construed as a duty of the City to enforce the safety provisions of this Contract, nor shall it be construed to create liability for the City for any act or failure to act in respect to the safety provisions of this Contract.

7.2. Personal Protective Equipment (PPE) (OSHA 29CFR§1910 Subpart I)

It is the Contractor’s sole responsibility to provide adequate PPE for their employees. Additionally, the

Contractor is responsible for training their employees in the proper selection, maintenance, and use of

PPE. Minimal PPE requirements on City worksites, as applicable:

1. Foot protection must meet ASTM F2412 and ASTM F2413 standards and be worn on all City properties.

2. Head protection must meet ANSI Z89.1-1986 standards and be worn in all areas except office buildings and office trailers.

3. Eye and face protection must meet ANSI/ISEA Z87.1-2020 standards and be worn in all areas except office buildings and office trailers.

4. Hand and Arm Protection must meet OSHA 29CFR§1910.138 requirements for proper selection, inspection, and care.

5. Hearing Protection must meet ANSI/ASA S12.6-2016, OSHA 29CFR§1910.95(j) and

29CFR§1910.95 Appendix: B requirements. Hearing protection must be worn in areas where the noise level is over 85 decibels.

7.3. Housekeeping

It is the Contractor’s sole responsibility to keep the project work site clean during and after working hours. Contractors shall supply waste receptacles for each site location. They shall be emptied not less frequently than once each working day, unless unused, and shall be maintained in a clean and sanitary condition. At the completion of the Contract the Contractor will ensure that all excess materials are removed from the work site and that the worksite is left clean and safe. If the Contractor leaves a project work site unkept and in a hazardous condition; the City will have the area cleaned and charge the cost of the cleaning to the Contractor.

7.4. Smoking

All City property is non-smoking. Smoking is permitted only in designated areas. Receptacles must be used or waste removed in Contractor’s waste disposal container.

7.5. Safety Kick-offs and Safety Stand-Downs

A safety kick-off to disseminate safety expectations will be conducted by the Contractor before the project commences. Safety stand-downs will be conducted by the Contractor when major safety concerns, accidents, or near misses occur.

7.6. Training Documentation

OSHA requires documentation of all safety training provided to employees by their employers. Documentation of all required safety training required for work proposed for this Contract must be readily available upon request by the City of Lakeland.

7.7. Written Safety Programs or Plans

Contactors awarded contracts with the City must have all, written safety programs and/or plans readily available upon request by the City of Lakeland.

7.8. Supplemental #1: Construction Safety

All contracted construction work will be performed per OSAH 29CFR§1926 standards, the Contractor is responsible for ensuring that their employees are trained to and follow these OSHA standards. The City’s

Safety Representative reserves the right to inspect all worksites and advise the Contractor or their representatives on adjusting the work site, if needed.

A. PPE

The following minimum PPE will be worn the entire time employees are on the worksite, including breaks and lunch:

• Hardhats

• Safety boots

• Safety glasses

• Pants (LE)

B. Scaffolding Safety

All Scaffolding will be erected per OSHA 1926 Subpart L, requirements and inspected daily. Scaffolds will not be used without the proper inspection tags, having the scaffolding inspected daily, and the inspection tags properly and legibly signed off daily. Scaffolds that are no longer needed will be removed as soon as possible. Contractors shall follow all OSHA and Florida State law requirements for scaffolding during a weather event; including, but not limited to, prohibited work during storms, wind screens, heat exposure requirements, competent person adjustments, and safety harness adjustments. All scaffolding costs are borne by the Contractor.

C. Barricade Tape

All barricade tape will have tags placed on all sides with the Contractor, employee name, contact information, date tape applied, and date tape will be removed. The City’s Safety Representative reserves the right to inspect, adjust, or remove tape that is abandoned or not placed correctly as per this requirement. RED/Danger Tape also requires COL point of contact name and phone number.

7.9. Supplemental #2: Sanitation

Sanitation must meet 29CFR§1910.141 for availability, housekeeping, and waste disposal. In areas where restroom facilities are not available, restrooms must be placed in secured areas. Where there are more than ten contract and subcontract employees working on a project site the Contractor is responsible for providing restroom facilities (one portable toilet for every 15 employees). Contractors must provide a separate lockable portable toilet for every 15 female employees on the work site. Contractors must provide hand washing facilities with the portable toilets, at a suggested rate of one for every three portable toilets. It is the Contractor’s responsibility to have all portable toilets cleaned at least weekly and removed within 3 days of Contract completion.

7.10. Supplemental #4: Fall Protection

Fall Protection must meet 29CFR§1910.140 and 29CFR§1910.66 Appendix C for general industry contracts and 29CFR§1926.501 for construction contracts. The Contractor is responsible for training their employees in the proper selection, donning, maintenance, and inspection of personal fall protection and fall arrest systems. The Contractor is responsible for providing, maintaining, and inspecting fall protection devices for their employees. The Contractor is responsible for ensuring that all tie-off points can hold at least 5,000 pounds. The City’s Safety Representative reserves the right to inspect all fall protection devices, including tie-off points.

7.11. Supplemental #6: Confined Space Entry

Confined space entry must be made per 29CFR§ 1910.146, for all confined spaces in the

City. Contractors are responsible for training employees to the OSHA standard and provide appropriate

PPE for employees. The Contractor is responsible for performing atmospheric testing and providing the testing equipment; all atmospheric testing equipment must have been tested within thirty days of the confined space entry testing. The Contractor is responsible for providing entry attendants for each confined space who are responsible for maintaining the confines space permit. The City’s Safety

Representative reserves the right to inspect all confined spaces, confined space permits, and atmospheric testing equipment.

7.12. Supplemental #7: Respiratory Protection

Respiratory Protection must meet OSHA 29CFR§1910.134 requirements and all employees must pass pulmonary function testing (PFT) and fit testing. Respiratory protection must be worn and maintained per OSHA standards. Contractors are responsible for ensuring their employees have met all testing and training criteria. Contractors are solely responsible for providing their employees and Subcontractors with the proper respiratory protection in accordance with OSHA standards or a hazardous chemicals SDS sheet. NOTE: All Contractors and Subcontractors performing duties with concrete that include cutting, grinding, or other duties that would cause silica dust to become airborne must wear at a minimum a

N95 dust mask.

7.13. Supplemental #8: Hot Work

Hot work is defined by OSHA as any operation that will cause a spark or flame, such as welding, grinding, brazing, soldering, or burning). All hot work operations will be performed in accordance with OSHA and

NFPA standards. The Contractor is responsible for obtaining hot work permits and providing a fire watch according to NFPA 51B requirements, reference the fire watch matrix below. The City’s Safety

Representative reserves the right to inspect all worksites and advise the Contractor or their representatives on adjusting the hot work area, if needed. (For Mcintosh Employees, we must authorize hot work permits due to our specific knowledge of hazards in the area)

7.14. Supplemental #9: Excavation and Trenching

Contractors must follow OSHA 29CFR §1926.650 and all other applicable standards for excavation and trenching. Note: As a rule, the City has adopted the policy of classifying all soils as Class C. Therefore, all trench or excavation work shall comply with those standards required for Class C soils. Contractors are responsible for obtaining buried utility mapping from 811 before you dig; Contractors are liable for all damages resulted from digging operations. The City’s Safety Representative reserves the right to inspect, request changes, and close worksites for safety concerns.

7.15. Supplemental #10: Lock-Out-Tag-Out (LOTO)

Contractors must follow OSHA 29CFR§1910.147 for The Control of Hazardous Energy covering the LOTO of all equipment and systems posing an energy hazard. Energy can be both electrical and mechanical. All sources of hazardous energy must be locked and tagged to reduce the potential for injury or death of workers. It is the Contractor’s responsibility to have a proven LOTO program and the equipment to perform LOTO on equipment or systems prior to work being performed.

7.16. Supplemental #13: Equipment Safety

All operations involving equipment must be conducted according to the applicable OSHA standards. All equipment operators must be certified or licensed according to federal, state, and local requirements. All equipment must be inspected according to OSHA requirements and before use by the operator. The Contractor is solely responsible for compliance with this safety requirement.

A. Powered industrial trucks- all operations that are performed using powered industrial trucks

(forklifts, lulls, etc.) must be conducted in accordance with OSHA 29CFR§1910.178 for general industry and 29CFR§1926.600 and 29CFR§1926.602 for construction.

B. Aerial lifts- all operations that are performed using aerial lifts (boom lifts, cherry pickers, snorkel lifts, etc.) must be conducted in accordance with OSHA 29CFR§1910.67 for general industry and

29CFR§1926.453 for construction.

7.17. Supplemental #14: Crane Safety

All crane operations must be conducted according to OSHA 1910.180 standards. All crane operators must be certified or licensed per OSHA 1910.180 standards. No employees will be allowed to stand or pass under a suspended load. All load suspension areas will be properly barricaded. All swing points of the crane will be properly barricaded. Operators will not leave the crane cab while the load is suspended. All cranes, hooks, and rigging will be inspected daily. The City’s Safety representative reserves the right to inspect all worksites and advise the Contractor or their representatives on adjusting the work area, if needed. Lift plans are required for critical lifts.