2015-77ADDENDUM TO AGREEMENT BETWEEN
CITY OF CLERMONT AND BOOTH, ERN, STRAUGHAN & HIOTT, INC.
REGARDING ASSIGNMENT TO HALFF ASSOCIATES, INC.
This Addendum is by and between the CITY OF CLERMONT, (hereinafter referred to as
"CITY"), BOOTH, ERN, STRAUGHAN & HIOTT, INC., (hereinafter referred to as "BESH") and
HALFF ASSOCIATES, INC., (hereinafter referred to as "HALFF") whose address is 1201 North
Bowser Rd, Richardson, TX 75081 and is to that certain Agreement No. 2015-77, titled Inspection
and Plans Review Services, between CITY and BESH dated September 8, 2015 and any amendments
thereto, hereinafter collectively referred to as "the Agreement". The Parties, in exchange for the
mutual covenants contained herein and in the Agreement, agree as follows:
1. This addendum expressly modifies the Agreement and in the event of a conflict, the
terms and conditions of this Addendum shall prevail.
2. BESH and HALFF have agreed that all rights and obligations in certain contracts
entered into by BESH, including the Agreement, shall be assigned from BESH to HALFF.
3. In accordance with the terms of the Agreement, the CITY does herby consent to the
assignment of all BESH's rights, entitlements and obligations contained in the Agreement to
HALFF, provided, however, that nothing herein shall be construed as a waiver by CITY of
any rights to pursue BESH for a default by BESH or HALFF of any of the terms or conditions
of the Agreement.
4. For purposes of the Agreement, any and all notices required thereunder shall be
forwarded to:
Halff Associates, Inc.
d/b/a BESH Halff
902 North Sinclair Avenue
Tavares, FL 32778
5. All other terms and conditions set forth in the Agreement shall remain in full force
and effect and unchanged as agreed to by the parties.
6. This Addendum shall take effect as of September 3, 2020.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for
the purposes herein expressed on the dates set forth below.
CITY OF CLERMONT BOOTH, ERN, STRAUGHAN & HIOTT,
INC.
By: By:
Gail L. Ash, Mayor
HALFF ASSOCIATES, INC.
By:
Print Name:
Title:
Date:
ATTEST:
By:
2
Print Name:
Title:
Date:
ATTEST:
By:
NNE BESH
mom HALFF
September 3, 2020
VIA EMAIL DGray cDclermontfi.org
Darren Gray
City Manager
City of Clermont
685 W Montrose St
Clermont, FL 34711
RE: Request for Consent to Assignment
Dear Mr. Gray:
As discussed previously and pursuant to other correspondence, this letter is provided as official
notification that BESH, Inc., has executed an Asset Purchase Agreement with Halff Associates,
Inc., (Halff), whereby BESH is no longer performing professional services, but BESH's employees
have been hired by Halff and BESH's ongoing professional services will now be performed by us,
but under the Halff name dba BESH Halff, Inc.
As one of the steps in this purchase agreement, BESH has agreed to assign all of its right title
and interest in and to the Contract(s) (as described below) to Halff, and Halff fully assumes all of
BESH's duties and obligations stipulated under the Contract(s).
The Contract(s) that will be assigned are listed in Exhibit "A" of this Assignment Letter. By
executing this Assignment Letter you confirm and consent to the following: (i) the assignment of
the Contract(s) from BESH to Halff (the "Assignment"), and (ii) that the Contract(s) remain in full
force and effect in accordance with their terms and that the Transaction and the Assignment will
not be deemed a breach of or default under the Contract(s).
Sincerely,
BESH Halff, Inc.
By:
The undersigned hereby acknowledges and
consents to the matters set forth in this letter as
of the day of 2020:
[CLIENT]
B:
ame:
Title:
MESH HALFF
Name: Duane Booth, P.E.
Title: Operations Manager, VP
Affirmation of knowledge of and consent to the
Assignment described herein by Halff
Associates, Inc. dated this the `" day of
2020.
HALFF ASSOCIATES, INC.
B:
Name: Todd Jackson, P.E.
Title: Chief Operating Officer
402 NORTH SINCLAIR AVENUE TEL (M) 343-9491 W W W RESHHALFF COM
TAVARFC, FL E27711
NON $EH
mom HALFF
EXHIBIT "A"
Contract / Project Number Contract Date
On -Call Professional Civil Engineer Services (Contract #2014-102) 12/9/14
#031004.0116 Downtown Streetscape Phase 1
#031004.0130 Downtown Streetscape Phase 2 (engineering)
#031004.0136 Fire Hawk Boat House
#031004.0137 CDBG Disston to School Board Area
#031004.0197 Lake Hiawatha Park Pier Replacement
#031004.0208 Clermont No Wake Signs
Proposal Downtown Streetscape Phase 3
Inspection and Plans Review Services (Contract #2015-77) 9/8/15
#031004.0084 Inspection and Plans Review Services
6ESH HALff
902 NORTH SiNCLAM AVENUE TEL <352) 343-Wi W W W.BESNHALMCOM
TAVARES. FL 32778
CONTINUING CONTRACT AND AGREEMENT FOR
INSPECTION AND PLANS REVIEW SERVICES
THIS AGREEMENT is entered into as of this (Rday of r 2015, by and
between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the
State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida,hereinafter referred
to as "CITY" and BOOTH, ERN, STRAUGHAN & HIOTT, INC., a Corporation authorized to
conduct business in the State of Flonda, 902 North Sinclair Avenue, Tavares, FL 32778
(hereinafter referred to as "CONTRACTOR").
WITNESSETH
WHEREAS, the CITY is in need of qualified and licensed inspection and plans review services, on
an as needed basis;
WHEREAS, the CITY, solicited proposals for services as described and set forth in RFP 15-039,
Commercial and Residential Inspection&Plans Review Services; and
WHEREAS, the ENGINEER submitted a proposal to provide said services and has represented to
CITY that it is qualified and desires to perform said services in accordance with the terms and
conditions contained herein, and all applicable law and professional standards;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties covenant and agree as follows:
1.0 TERM
1.1 This Agreement is to become effective upon execution by both parties, and shall remain in
effect for a three(3) year term, unless terminated as provided for herein. Additionally, the
parties agree that the term may be extended upon mutual agreement for periods of one(1)
year, but such option to extend may only be utilized three (3) times unless authorized by
the City Council for additional extensions.
1.2 The term of any task authorization/work order, as described in Section 2 hereof shall be as
set forth in such task authorization/work order, and all of the terms and conditions of this
Agreement shall survive until completion of all task authonzations/work orders.
2.0 DESCRIPTION OF SERVICES
2.1 It is expressly understood and acknowledged that nothing herein shall obligate or guarantee
to CONTRACTOR any agreement or task authorization and CITY expressly reserves the
nght to exercise its option to issue any such agreements to any qualified firm or entity in
accordance with all applicable laws, ordinances, policies and/or regulations.
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2.2 The CITY shall make request of CONTRACTOR for the contemplated services on a task
basis. The CITY will communicate with CONTRACTOR,verbally or in writing, a general
description of the task to be performed. The CONTRACTOR will generate a detailed
Scope of Work document, prepare a Schedule, and, if applicable, a not-to-exceed-budget
to accomplish the task based on the service fee scheduled set forth herein and provide the
developed "Task Proposal"to the CITY for approval. If a site visit by CONTRACTOR is
needed to generate the scope document, CONTRACTOR shall request approval prior to
visiting the site. The CITY will review the proposal, and if the description is mutually
acceptable, the parties will enter into a written "task authorization or work order". The
services to be provided by the CONTRACTOR shall be in accordance with and as provided
RFP 15-039 and CONTRACTOR'S response thereto, which are expressly incorporated
herein and made a part hereof as if restated
CONTRACTOR shall not be authorized to proceed until the CITY has issued a Notice to
Proceed to the CONTRACTOR. Upon receipt of the signed Task Authorization and a
Notice to Proceed from the CITY,the CONTRACTOR shall perform the services set forth
in the task authorization/work order.
2.3 CONTRACTOR shall provide CITY'S designated project manager with monthly time
sheets or labor cost statements for services rendered during the preceding month. Each
time sheet shall state the names and classifications of all personnel who performed services
during said month under the task authorization, and the number of hours worked by each.
3.0 CHANGES IN THE SCOPE OF WORK
3.1 CITY may make changes in the services at any time by giving written notice to
CONTRACTOR. If such changes increase (additional services) or decrease or eliminate
any amount of work, CITY and CONTRACTOR will negotiate any change in total cost or
schedule of modifications. If the CITY and CONTRACTOR approve any change, the task
authorization/work order will be modified to reflect the changes; and CONTRACTOR
shall be compensated for said services in accordance with the terms of Article 5.0 herein.
All change orders shall be authorized in writing by CITY'S and CONTRACTOR'S
designated representatives.
3.2 All of CITY'S said task authorizations/work orders and amendments thereto shall be
performed in strict accordance with the terms of this Agreement insofar as they are
applicable.
4.0 SCHEDULE
4.1 CONTRACTOR shall perform services in conformance with the mutually agreed upon
schedule set forth in the negotiated task authorization. CONTRACTOR shall complete all
of said services in a timely manner and will keep CITY fully informed of the status of work
on a reasonable basis in relation to the scope of the project or at least monthly.
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Should CONTRACTOR fall behind the agreed upon schedule, it shall employ such
resources so as to comply with the agreed upon schedule at no additional cost to the CITY.
4.2 No extension for completion of services shall be granted to CONTRACTOR without
CITY'S prior written consent, except as provided in Sections 3.1 and 20.0 herein.
5.0 METHOD OF PAYMENT FOR SERVICES AND EXPENSES
5.1 DEFINITIONS:
5.1.1 The "CONTRACTOR's Services Fee Schedule" as set forth in Exhibit "A",
attached hereto and incorporated herein, are used as a basis for payment for
services pursuant to Paragraphs 2.0 and 3.0. These fee schedules shall include
wages, salaries, taxes, insurance, overhead and profit. The hourly salary rates set
forth in the Fee Schedule are firm for the initial term,but are subject to an equitable
adjustment that is to be negotiated prior to the renewal of the Agreement. Any
adjustments to the Fee Schedule must be mutually agreed to by the CITY and
CONTRACTOR.
5.1.2 The "Deliverables" are defined as plans, reports, findings, specifications, or
anything else that is the end product or work performed by the CONTRACTOR or
the CITY. CONTRACTOR shall, within such time constraints as may be set forth
in the work order, submit to CITY the deliverables as identified in the work order;
and CONTRACTOR shall, upon completion of all work, submit to the CITY all
information developed in the course of the provision of services. CONTRACTOR
shall,upon request by CITY and upon completion or termination of this Agreement,
deliver to CITY all material furnished to CONTRACTOR, provided the CITY
identifies those materials in writing.
5.2 PAYMENT/COMPENSATION:
CITY agrees to pay or compensate the CONTRACTOR for the professional services
performed on each task authorization/work order in accordance with one of the following
methods, unless otherwise provided herein or in the task authorization/work order.
5.2.1 Not to exceed cost based upon the "CONTRACTOR's Professional Services Fee
Schedule."
5.2.2 Lump sum cost based upon the "CONTRACTOR's Professional Services Fee
Schedule."
5.3 SERVICES-ADDITIONAL: CITY shall pay CONTRACTOR as follows:
5.3.1 Professional Associates, CONTRACTORs and/or Subcontractors: For services
and expenses of independent associates, CONTRACTORs and/or subcontractors
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employed by CONTRACTOR, the amount invoiced to CONTRACTOR times a
factor of 1.0 for invoices to the CITY.
5.3.2 Expert Witness: For any litigation, arbitration or other legal or administrative
proceeding for any time spent in preparation for such litigation, for on the same
basis as set forth in Paragraph 5.1 and 5.3.1
5.4 Times of Payments: At monthly intervals, CONTRACTOR shall submit statements for
services, additional services rendered and for reimbursable expenses incurred, if
preapproved by CITY. The statements will be based upon CONTRACTOR'S actual
manpower expended and actual expenses incurred within the billing period.
5.4.1. As a condition precedent to receiving payment, CONTRACTOR shall have been
authorized to proceed by CITY, shall not be in default of any of the terms and
conditions of this Agreement and shall provide to CITY an invoice. The invoice
shall be forwarded to CITY, no more frequently than once per month, and signed
by an authorized representative of CONTRACTOR related to the applicable
monthly installment payment. The invoice shall include a statement identifying the
period for which it applies and the sub-tasks or portions thereof, completed by the
specific task authonzation/work order, and specifically set forth the percent of
completion of each sub-task for which compensation is being requested.
5.4.2. All invoices submitted for compensation shall include a statement by
CONTRACTOR that states as follows:
"This statement sets forth only actual time spent by the firm's employees and does
not contain any unit billing, multipliers, or other devices that permit payment for
more than actual time spent."
5.4.3. CITY shall pay all valid, approved, and undisputed invoices within thirty(30)days
of receipt from CONTRACTOR. In the event that CITY disputes any invoice
submitted,it shall advise CONTRACTOR, in writing, and said invoice shall not be
deemed due and payable under this agreement. Neither the CITY'S review,
approval or acceptance of, nor payment for, any services provided hereunder shall
be construed to operate as a waiver of any rights under this Agreement and the
CONTRACTOR shall be liable to CITY for any and all damages to CITY caused
by the CONTRACTOR'S negligent or wrongful performance of any of the services
furnished under this Agreement.
5.5 Other Provisions Concerning Payments:
5.5.1 In the event of termination by CITY under Section 18.0 during the performance of
the services, payments due CONTRACTOR up to the point of termination,
including payments for services rendered, and all costs incurred shall constitute
total payment for such services.
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5.5.2 A separate invoice must be submitted for each individual task authorization.
Invoices must show a breakdown of the number of hours worked by each person
charging time to the task authorization, hourly salary cost and any reimbursable
expenses.
6.0 RIGHT TO INSPECTION
6.1 CITY or its agents shall at all times have the right to review or observe the services
performed by CONTRACTOR.
6.2 No inspection, review, or observation shall relieve CONTRACTOR of its responsibility
under this Agreement.
7.0 PROGRESS MEETING
CITY'S designated Project Manager may hold periodic progress meetings on a monthly
basis,or more frequently, if required,during the term of any task authorization entered into
under this Agreement. CONTRACTOR'S Project Manager and all other appropriate
personnel shall attend such meetings as designated by CITY'S Project Manager, and
CONTRACTOR shall be compensated at the billing rates set forth in Article 5.0
8.0 SAFETY
8.1 CONTRACTOR agrees to comply with CITY'S published safety standards while on the
property of CITY or while performing the services hereunder. A copy of these standards
is provided in Exhibit "C", attached hereto and incorporated herein.
8.2 CONTRACTOR shall have full responsibility and assume all liability for the safety and
supervision of its employees while performing services provided hereunder.
9.0 REASONABLE ACCESS
During the term of this Agreement, CITY shall grant CONTRACTOR reasonable access
to the CITY'S premises for purposes of fulfilling its obligations under this Agreement.
10.0 INSURANCE AND HOLD HARMLESS/INDEMNIFICATION
CONTRACTOR shall maintain in force during the term of this Agreement, at its own
expense, insurance as set forth in Exhibit"D", attached hereto and incorporated herein and
shall be bound by the terms of the Hold Harmless/Indemnification provisions expressed
therein.
11.0 COMPLIANCE WITH LAWS AND REGULATIONS
CONTRACTOR shall comply with all requirements of federal, state and local laws, rules,
regulations, standards, and/or ordinances applicable to the performance of this Agreement.
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12.0 REPRESENTATIONS
12.1 CONTRACTOR represents that the services provided hereunder shall conform to all
requirements of this Agreement, RFP 15-039 and CONTRACTOR'S response thereto;
shall be consistent with recognized and sound professional engineering practices and
procedures; and shall conform to the customary standards of care, skill, and diligence
appropriate to the nature of the services rendered.
12.2 CONTRACTOR represents that the personnel furnishing such services shall be qualified
and competent to perform the services assigned to them and that such guidance given by
and the recommendations and performance of such personnel shall reflect their best
professional knowledge and judgment.
12.3 Subject to the provisions of this Section, should CONTRACTOR breach the warranties set
forth herein, CITY shall have such remedies as may be provided at law or equity.
12.4 , Without limiting the generality of the foregoing, if the CONTRACTOR completes its
services under any task authorization entered into hereunder, and the CONTRACTOR'S
services are non-complying, defective, or otherwise improperly performed and CITY
notifies CONTRACTOR in writing that a defect, error, omission or noncompliance has
been discovered in CONTRACTOR'S services, CONTRACTOR shall, at the option of
CITY: a) correctly re-perform such non-complying, defective, or otherwise improperly
performed services at no additional cost to CITY; b) refund the amount paid by CITY
attributable to such non-complying,defective or otherwise improperly performed services;
or c) if CONTRACTOR fails to take action under a) above, at CONTRACTOR'S sole
expense, otherwise cure or have cured any such non-complying, defective, or otherwise
improperly performed services.
12.5 The only representations made by CONTRACTOR are those expressly enumerated in this
provision. Any other statements of fact or descriptions expressed in the Agreement or any
attachments thereto, shall not be deemed to constitute a warranty of the work or any part
thereof.
13.0 GUARANTEE AGAINST INFRINGEMENT
CONTRACTOR guarantees that all services provided under this Agreement shall be free from
claims of patent, copyright, and trademark infringement. Notwithstanding any other provision of
this Agreement, CONTRACTOR shall indemnify and hold harmless CITY, its officers, directors,
employees,agents,assigns,and servants from and against any and all liability,including expenses,
legal or otherwise, for actual infringement of any patent, copyright, or trademark resulting from
the use of any goods, services, or other items provided under this Agreement. Notwithstanding
the foregoing, CONTRACTOR may elect to provide non-infringing services.
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14.0 DOCUMENTS
14.1 Upon CITY'S or its designated Project Manager's request, at any time during the term of
this Agreement or upon completion or termination of this Agreement, CONTRACTOR
shall provide CITY or its designated Project Manager with a copy of all documents and
electronic files prepared by CONTRACTOR under this Agreement or any Task
Authorization hereunder. CITY understands that re-use of any documents for any other
purposes, shall be at the CITY'S own risk.
14.2 Public Records. CONTRACTOR expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law, to
include, to:
14.2.1 Keep and maintain public records that ordinarily and necessarily would be required
by the CITY in order to perform the services contemplated herein.
14.2.3 Provide the public with access to public records on the same terms and conditions
that the CITY would provide the records and at a cost that does not exceed the cost provided
in this Florida's Public Records law or as otherwise provided by law.
14.2.4 Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
14.2.5 Meet all requirements for retaining public records and transfer, at no cost, to the
CITY all public records in possession of CONTRACTOR upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be provided
to the CITY in a format that is compatible with the information technology systems of the
CITY.
15.0 ASSIGNMENT
15.1 CONTRACTOR shall not assign or subcontract this Agreement, any task authorization
hereunder, or any rights or any monies due or to become due hereunder without the prior,
written consent of CITY.
15.2 If,upon receiving written approval from CITY, any part of this Agreement is subcontracted
by CONTRACTOR,CONTRACTOR shall be fully responsible to CITY for all acts and/or
omissions performed by the subcontractor as if no subcontract had been made.
15.3 If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to
remedy the situation.
15.4 If any part of this Agreement is subcontracted by CONTRACTOR,prior to commencement
of any work by the subcontractor, CONTRACTOR shall require the subcontractor to
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provide CITY and its affiliates with insurance coverage as set forth by the CITY'S Human
Resources Director/Risk Management.
16.0 INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, CONTRACTOR shall be considered an
independent CONTRACTOR.
17.0 DEFAULT
If dunng the term of this Agreement, CONTRACTOR shall be in default of any of the material
provisions of this Agreement, CITY may suspend its performance hereunder until such
delinquency or default has been corrected;provided,however that no suspension shall be effective
unless and until CITY gives written notice of the default to CONTRACTOR with at least ten(10)
days to cure such default. If CONTRACTOR fails to correct such delinquency or default within
thirty(30) days of suspension by CITY, CITY may terminate this Agreement.
18.0 TERMINATION
Notwithstanding any other provision of this Agreement, CITY may, upon written notice to
CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty
(30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR
fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR
is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon
performance of this Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable only for the payment
of all unpaid charges, determined in accordance with the provisions of this Agreement, for work,
properly performed and accepted prior to the effective date of termination.
19.0 FORCE MAJEURE
Any delay or failure of either party in the performance of its required obligations hereunder shall
be excused if and to the extent caused by acts of God: fire; flood; windstorm; explosion;riot; war;
sabotage; strikes; extraordinary breakdown of or damage to CITY'S affiliates' generating plants,
their equipment,or facilities; court injunction or order; federal and/or state law or regulation;order
by any regulatory agency; or cause or causes beyond the reasonable control of the party affected;
provided that prompt notice of such delay is given by such party to the other and each of the parties
hereunto shall be diligent in attempting to remove such cause or causes. If any circumstances of
Force Majeure remain in effect for sixty(60) days, either party may terminate this Agreement.
20.0 GOVERNING LAW & VENUE
This Agreement is made and shall be interpreted, construed,governed,and enforced in accordance
with the laws of the State of Florida. Venue shall be Lake County, Florida, or the United States
District Court in and for the Middle District of Florida
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21.0 HEADINGS
Paragraph headings are for the convenience of the parties only and are not to be construed as part
of this Agreement.
22.0 SEVERABILITY
In the event any portion or part of this Agreement is deemed invalid, against public policy, void,
or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment
in the affected provision of this Agreement. The validity and enforceability of the remaining parts
thereof shall otherwise be fully enforceable.
23.0 WAIVER AND ELECTION OF REMEDIES
23.1 Waiver by either party of any terms, condition, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in wnting and signed by a duly authorized representative of each party
hereto.
24.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
CITY and CONTRACTOR.
25.0 PROHIBITION AGAINST CONTINGENT FEES
CONTRACTOR warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the CONTRACTOR,to solicit or secure this Agreement,
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for the CONTRACTOR, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement.
26.0 ENTIRE AGREEMENT
Except as otherwise state, this Agreement, including the schedules, attachments, appendixes and
exhibits attached hereto,constitutes the entire agreement between CITY and CONTRACTOR with
respect to the services specified and all previous representations relative thereto, either wntten or
oral, are hereby annulled and superseded. _
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27.0 SOVEREIGN IMMUNITY
Nothing contained in the Agreement shall be construed as a waiver of the CITY'S rights to
sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the
CITY'S potential liability under state or federal law.
28.0 NOTICE
Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed, postage prepaid to:
CITY: Darren Gray, City Manager
City of Clermont
685 West Montrose Street
Clermont, Florida
CONTRACTOR: Booth, Ern, Straughan & Hiott, Inc.
902 North Sinclair Avenue
Tavares, FL 32778
Attn: Duane K. Booth, P.E., Principal/President
Either party may change the name of the person receiving notices and the address at which notices
are received by so advising the other party in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below:
City of Clermont Boot - , . • an & Hiott, Inc.
•
Gail L. Ash, Mayor /)MAIC_ )kc.
Print Name and Title
Date. 1 ' Date: 9/ rj 1 Zo 15
Attest: / / Attest:
q„o,�
Tracy Ackroyd, City Clerk q c-�2r N —40/7-)/,v . 14-11 r,
Print Name and Title
10
EXHIBIT A
SECTION— B
STATEMENT OF WORK
This RFP seeks Consultants with strong professional qualifications in providing
commercial and residential building inspection and plans review services on an as-
needed basis and on an-ongoing basis. The various inspection disciplines include
building, mechanical, electrical, plumbing, gas and structural inspection and plans
review services as outlined in the Florida Building Code, and as referenced herein.
1 — SCOPE OF SERVICES
Successful respondent shall provide residential and commercial inspections for
compliance with the Florida Building Code, State Statutes, and local codes and
ordinances. Inspection services shall include new and existing residential and
commercial construction within the City limits.
The City shall assign all residential and commercial inspections under the conditions set
forth herein to the successful respondent(s) and other work or inspections as
determined by the Building Official or designee. All work shall be performed in
accordance with generally accepted professional standards in the construction industry.
2 —TASKS
Conduct technical field inspection of buildings, equipment and installation during various
phases of plumbing construction, installation & operation, and grant inspection
approvals if found in compliance with applicable codes and regulations. Provide written
comments if found not in compliance with applicable codes and regulations.
Review plumbing, electrical or mechanical installation plans, specifications and
materials listed for residential and commercial projects and grant approvals if found in
compliance with applicable codes and regulations. Provide written comments if found
not in compliance with applicable codes and regulations.
Evaluate alternate methods, procedures, materials and products for compliance with the
Central Florida Building Code requirements, whichever is applicable, depending on the
date of the application or construction.
Approve and disapprove proposed plans in accordance with the applicable Code and
other regulatory requirements and discuss disapproved items with architects, engineers,
contractors and/or owner builders to obtain plan changes necessary for approval.
Render information conceming the applicable Code and make interpretations of its
contents. Make decisions as to the feasibility of deviations from the Codes under
various conditions.
Perform related work as required by the Development Services Department.
RFP No 15-039
Page 8 of 29
SECTION — B
STATEMENT OF WORK
3 — COMPENSATION
The City agrees to pay the successful respondent(s) the following rates:
STANDARDIZED SERVICE RATES
Services Hourly Rate
Licensed Plans Examiner, Residential and/or Commercial $80.00
Inspection Services Residential and/or Commercial $75.00
Supplemental Inspection Services (at the request of the City) $75.00
The rates above are based on a forty (40) hour week. Overtime (over 8 working hours
in one day) and/or weekend rates are 1.5 times the listed rates. All overtime hours must
be approved, in advanced, by the Development Services Director.
Supplemental Inspection and Plan Review Services are those based on specialized
need, as determined and requested by the City's Building Official.
All travel expenses are included in the listed Standardized Service Rates. There shall
be no additional charges for travel or expenses. The hourly rate shall not apply until the
respondent staff arrives at the Development Services Department offices or first
inspection. The hourly rate shall not be paid by the City after the consultant leaves the
last inspection or the City's office.
END OF SECTION — B
RFP No 15-039
Page 9 of 29
EXHIBIT C
emOC City of Clermont, Florida
Safety Program Policy
iftroftesiarosokftiorro (Replaces Safety Policy dated November 24, 1998)
A. Purpose
The City of Clermont (City) is committed to ensuring that employees have safe and
healthy conditions in which to work. This obligation is owed to each employee and
citizen of Clermont, since there is a direct relationship between the personnel and
monetary cost of accidents and the ability to provide reliable cost-effective services.
B. Scope
The provision set forth in this safety policy shall apply equally to all City employees, and
for the purpose of this policy volunteers shall be considered employees.
C. Directive
Identification and correction of all safety hazards and issues must have immediate and
decisive action. Effective implementation of a comprehensive safety program depends
upon the commitment of all City employees to reduce occurrences of preventable
accidents and injuries. Through education and the promotion of safe work habits, all
employees will understand what is expected. Safety must be an ongoing and essential
part of all employees' work day.
D. Guidelines
The City's Safety Program consists of several key elements:
1. Responsibilities of Management, Supervisors, and Employees — Safety
responsibilities at every level of the City must be clearly defined in writing and
relayed through training.
2. Written Practices and Training Programs — Specific written safety practices and
training programs clearly define safety expectations that are necessary to prevent
exposures, fatalities and serious injuries.
3. Safety Meetings — Safety meetings are held and provide an opportunity to discuss a
variety of safety topics.
4. Safety Action Team (SAT) — The Safety Action Team's main function is to facilitate
and improve the safety of all City Employees.
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5. Corrective Action/Disciplinary Policy — The Personnel Policy, Employee Disciplinary
Procedure defines how safety rules will be fairly and consistently administered when
not adhered to.
The City Manager shall establish procedures to implement this policy.
Approved and adopted by the Clermont City Council by resolution number
2013-29 on October 8. 2013.
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tow4110C City of Clermont, Florida
Safety Program Procedure
Effective: October 9, 2013
(Replaces Safety Policy dated November 24, 1998)
A. Purpose
The purpose of this document is to provide an overall written description of the City of
Clermont's (City) Safety Program.
B. Scope
The provision set forth in this safety policy shall apply equally to all City employees, and
for the purpose of this policy volunteers shall be considered employees.
C. Employee Duties and Responsibilities
Employees must participate in, abide by, and be accountable for the City's safety
program. There are many ways in which employees can be involved and remain
informed.
1. Safety Action Team (SAT) — The SAT is comprised of a variety of talents of
employees and representation from all the departments. The periodic forum
allows for employee input on safety matters including the presentation of
concerns and recommendations for improving overall employee safety, review
of injuries/accidents and development of preventative corrective measures, and
evaluation and promotion of safety training programs.
2. Correction/reporting of safety hazards — Employees are empowered to correct
unsafe conditions within his/her power to correct, other items should be reported
to a supervisor/manager immediately.
3. Reporting injuries/illnesses and accidents — Reporting all injuries/illnesses and
accidents to the supervisor, regardless whether medical attention is sought.
Near miss injuries and accidents should also be reported.
4. Participation in safety training — Employees must receive the proper safety
training required by his/her job assignment. Supervisors/managers are directly
responsible for ensuring that employees receive the required training.
5. Conducting safety meetings — Supervisors/managers are responsible for
conducting safety meetings or just in time training topics, topics discussed or
presented in SAT meetings, or topics pertinent to the respective work area.
Employees are encouraged to volunteer to present safety topics (topics
provided by the supervisor/manager)to fellow co-workers.
6. Conducting safety training for new/current employees — Supervisors/managers
are responsible for conducting or coordinating the facilitation of safety training
for new and current employees. Employees may be asked to conduct specific
safety training pertinent to the respective work area by the supervisor/manager.
D. Management/Supervisory Duties and Responsibilities
1. Policy — The City has established a Safety Program Policy, which has been
approved by the City Council.
2. Involvement — Management involvement consists of management showing a
hands-on involvement in the City's Safety Program. This is accomplished by
numerous means including, support of the SAT, conducting/ensuring
investigations be conducted into injuries/illnesses and property damage, and
discussing safety topics at meetings. Observing management involvement
encourages employees to become more personally involved in safety and fosters
a caring, trusting relationship between employees and management.
3. Role and Responsibility — Managers/supervisors are directly responsible for the
safety of employees, and must empower employees to take action on safety
issues. Empowerment allows employees to take ownership of safety issues and
follow issues through to completion. The role and responsibility of
managers/supervisors includes the following:
a. Being well versed in the content and application of the City's Safety Policy,
Procedure and departmental specific safety requirements and guidelines.
b. Monitoring employee workplace safety compliance including the use of
personal protective equipment(PPE) and other issued safety equipment.
c. Encouraging employees to report unsafe work conditions and practices, and
empower employees to have the authority to identify and correct safety
issues when immediately necessary.
d. Encouraging employees to be involved in the City's safety program(s).
Allotting time for employees to work on safety issues and volunteer as
members on the SAT.
e. Being a safety mentor to employees and always leading by example.
f. Providing specific safety training to employees, including area specific.
g. Attending supervisor safety training courses when offered.
4. Corrective Actions/Discipline — Department Directors will ensure enforcement of
safety requirements and respond to non-compliance with progressive or non-
progressive corrective action/discipline dependent upon the severity of the
infraction and other pertinent factors.
E. Work Area Safety and Maintenance
1. All employees are responsible for the safety of his/her work area. Employees
must practice safe work habits, as work-related accidents can be avoided.
Employees should report all safety matters (e.g., trip hazards, broken equipment,
etc.)to his/her supervisor immediately so that the issues can be corrected.
2. Managers/supervisors continually observe workplace conditions and correct
unsafe conditions and work practices.
3. The Public Works Department conducts maintenance and repair of buildings,
building systems, facility sites, and vehicles and equipment. Preventative
maintenance services are conducted at intervals specified in maintenance
procedures, manuals, and as determined by Public Works. Repairs are
completed on an "as needed" basis. Facilities are surveyed to determine and
schedule predictable maintenance and repairs. Public Works schedules, tracks
and records all maintenance and repairs, including re-occurring preventative
maintenance items.
F. Injury/Accident Reporting and Supervisor Investigation
All injuries/illnesses and accidents involving City property, vehicles, or equipment must
be reported to a supervisor immediately, no later than the same workday. This includes
non-employee injuries occurring on City property. Medical assistance should be
summoned without delay in all instances, should immediate care be necessary.
The employee and supervisor injury/illness and/or accident form(s) shall be completed.
All reported injuries/illnesses and accidents must be investigated by a supervisor as
soon as possible, within twenty-four(24) hours of the supervisor being informed of the
injury/accident.
Supervisors shall make a thorough report concerning all details involved. The
information gained from investigation reports can be utilized to identify and correct
unsafe conditions and work practices.
The Department Director should be made aware of all injuries/illnesses and accidents,
• and he/she ensure all required paperwork is completed. The Police Department will
investigate accidents where damage to private vehicles/property involves City
employees, vehicles and/or equipment.
Employees must not admit or offer a settlement in situations involving non-
employees and/or non-City property. Employees will only discuss the
circumstances surrounding an incident with a supervisor, manager, department
director and/or investigating law enforcement officer.
All investigation reports are reviewed by the SAT. The SAT discusses the preventability
of injuries/illnesses and accidents, whether appropriate action has been taken to
prevent future incidences, and make recommendations of additional action If
necessary.
G. Trend Analysis
Part of the process of minimizing injuries/illnesses and accidents involves reviewing
causes determined by reports and investigations to identify trends. If a trend is detected,
a plan of action will be determined and acted upon. The plan of action may consist of
specific training, personal protective equipment, and/or other safety initiatives.
H. Safety Training
Safety training is the responsibility of the City, management, and employees.
1. All Employees are required to participate in general safety training delivered to all
employees through New Employee Orientation, Area Specific Orientation and
departmental specific safety topics.
2. Supervisors, managers, and directors are required to attend the programs above,
and supervisors may also be required to attend specialty training programs
depending on the requirements for the respective work areas.
3. Managers/supervisors will conduct or coordinate the facilitation of other specialty
training programs which may be required of employees depending on the specific
work area, e.g., Hazard Communication, Hearing Conservation, Bloodbome
Pathogen, Respiratory Protection, Lockout/Tagout, Confined Space Entry,
•
Ladder Safety, Proper Lifting, Respiratory Protection, and Powered Industrial
Vehicle Operation.
I. Contractor Safety
The City's vendor selection process for the purchase of commercial goods and services
typically includes documentation that specifies minimum contractor qualifications,
contractor selection criteria, Insurance requirements and specific information about the
contract work to be performed. Contractors are required to meet the Federal, State,
Local and/or any other safety-related requirements stated in this documentation and
provide confirming information to the contract administrator, Purchasing Manager, or
Human Resources upon request. Contractors are responsible for training employees in
all safety program requirements.
J. Record Keeping
Records will be maintained by the responsible department, for example
Finance/Purchasing will maintain vendor selection records, Public Works will maintain
facility maintenance records, Human Resources will maintain New Employee
Orientation and Area Specific Orientation training records, and each department shall
maintain employee specific work area training records (e.g. Powered Industrial Vehicle
training documents for each employee within the department).
K. Authority
The authority to issue or revise this Procedure is reserved to the City Manager. The
City Manager may authorize exceptions to this procedure when deemed appropriate.
di 11
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Da " 't7%�;y, C' Manager D e
Appendix A
Common Safety Rules/Guidelines
The following safety rules or guidelines are generic in nature and apply to all City
employees. Department specific safety rules and/or guidelines are developed by
the departments as necessary. .
Vehicle Safety
• All vehicles are inspected in accordance with Appendix B of this procedure.
• Employees will not operate a vehicle that has been determined to be unsafe until
repairs or corrective action has been made.
• Any employee operating a City vehicle will be in possession of a current, valid
Florida driver license issued for the type, class or weight of the vehicle being
operated. An employee must notify his/her Department Director of any suspension
or revocation of driver license.
• Any employee operating a City vehicle shall observe all applicable traffic laws,
including wearing a seatbelt. Employees shall drive with courtesy and respect for
other motorists.
• Any employee backing a large truck or other sight-restricted vehicle, in which the
vehicle is not equipped with functioning rearview cameras, shall enlist the
assistance of another employee in backing the vehicle. The assisting employee
will act as a spotter to aid the driver in safely backing the vehicle.
Lifting Safety
• Most City employees will be required to lift or move materials or equipment as part
of his/her assigned work.
• Material storage will be arranged to permit safety handling, heavier materials will be
stored at or near floor level. Other materials should not be stored above eye level to
reduce the need for a ladder or reaching above the employee's head.
• An employee should not attempt to lift an object or material that is close to the
employee's physical capability. Employees should solicit the help of another
employee or use a material handling device.
• Lifting technique is important in preventing an injury.
o Position feet close to the object being lifted
o Center body over the object
o Bend knees and grasp the object firmly
o Lift straight up and smoothly, and let legs (not back) do the work
o Do not twist or turn body once the lift has been made
o Object should be carried steady and close to the body
o Sudden twisting or turning could result in a back injury
Electrical Safety
• Employees working with or around electrical equipment must practice safe work
habits.
• Malfunctioning electrical appliances and power tools shall be tagged and removed
from use until repairs are made. If appliance/tool cannot be repaired, the unit may
be replaced.
• Extension cords are intended for temporary use, and shall not substitute permanent
wiring.
• Electrical outlets and circuits must not be overloaded. The use of cube taps or
multi-plug adapters is not permitted.
• Grounding plugs will be used as intended, and must not be altered by the removal
of the grounding prong. Grounding adapters will not be used in place of grounding
receptacles.
• Electrical cords that are defective, frayed or otherwise considered unsafe must be
replaced. Employees must not consider makeshift repairs with splices and electrical
tape as sufficient enough to allow the continued use of a damaged electrical cord.
• Ground Fault Circuit Interrupters will be used for all portable tools. Emergency
generators will be installed and grounded per manufacturer's guidelines.
• Most electrical work will be performed by a licensed industrial electrician or
appropriately trained employee. Employees involved in performing minor electrical
repair work will ensure that the circuit involved is de-energized and that the switch
or circuit breaker controlling the circuit is tagged or locked out while the repair is
conducted.
Fire Safety and Prevention
• The absolute best defense against any fire is prevention. Employees must be
aware of the many potential causes for fire in the workplace and must report any
possible problem areas to a supervisor for corrective action.
• Good housekeeping is important in any fire prevention effort. Allowing combustible
debris and clutter to accumulate will increase the opportunity for a fire to occur and
spread rapidly. Employees must keep his/her workplace free of debris and other
unnecessary combustible storage.
• The storage of flammable and combustible liquids shall be in a manner approved
by the Fire Department. Approved safety cans, flammable liquid cabinets and
specially designed storage rooms are generally acceptable for the storage of
flammable and combustible liquids. Supervisors will ensure that the storage and
handling of flammable and combustible liquids within his/her work area complies
with fire regulations.
• Smoking by employees or the general public is prohibited in many locations by fire
and/or health regulations. Employees shall not smoke in any City buildings,
vehicles, or in any areas where "No Smoking" signs are posted. Supervisors will
monitor employees for compliance in "No Smoking" areas.
• Fire extinguishers will be provided where needed in City buildings and vehicles.
Employees will become familiar with the locations of fire extinguishers in the work
area. Training will be provided in the proper use of fire extinguishers by the
supervisor or the Fire Department.
• In case of fire, the employee must immediately dial 911 and report the fire to the
Fire Department. After reporting the fire, the employee must ensure that all affected
persons are evacuated to a safe area. Doors should be closed where available to
isolate the fire area from the remainder of the structure.
• If caught in smoke, individuals should crawl and stay low. Cleaner, cooler air will be
nearer to the floor, and heat, smoke and noxious gases will rise toward the ceiling.
• Employees should always keep an unobstructed exit path when attempting to
extinguish a fire. It is important to remember that fire extinguishers are only
intended to be used on small fires in their beginning stages. In the event of a large
fire, or if a small fire is not able to be extinguished, the area should be evacuated
and allow the fire department to handle the situation.
First Aid
First aid kits are available in City buildings and vehicles. Employees should familiarize
themselves with the location and content of first aid kits in the work area.
Well stocked First-Aid kit(s)for employee use will be maintained.
• The basic inventory of each first aid kit is reviewed and renewed as needed at
periodic SAT meetings. Records of reviews and replenishments shall be
maintained by the respective departments.
• These kits will be located so as to allow easy and quick access. First-aid kits and
required contents are to be maintained in a serviceable condition.
• All items which must be kept sterile must be individually wrapped and sealed.
Items such as scissors, tweezers, tubes of ointments with caps, or rolls of
adhesive tape, need not be individually wrapped, sealed, or disposed of after a
single use or application.
Employees are not required to perform first aid as part of their job duties. Any
employee can voluntarily assist another employee with open wounds, after taking
personal protective
Aids/HIV and Hepatitis B are the primary infectious diseases of concern in blood.
All blood should be assumed to be infectious. These diseases can both be
deadly. In the event of a bleeding injury where first aid is needed, use gloves if
possible to prevent exposure to blood or other potentially infectious materials.
The injured person can often help by applying pressure to the wound. Gloves are
available in the first aid kits. Employees exposed to blood while giving first aid
should wash immediately with soap and water and report the incident to a
supervisor.
Immediate professional emergency medical assistance shall be summoned by dialing
911 for any employee or citizen suspected to be seriously injured or ill.
Appendix B
Safety Inspections
Workplace Inspections
• Supervisors will monitor workplace safety conditions daily, and ensure that work
areas are maintained free of clutter, improper storage and other trip/fall hazards.
Flammable and combustible liquids are to be stored in safety containers, in
flammable liquid cabinets or as otherwise approved by the Fire Department.
Supervisors will monitor employee use of all provided safety equipment to ensure
that employees are wearing or using safety equipment as directed.
• A supervisor, or designated employee, from each department will conduct a formal
monthly safety inspection of all work areas within his/her department. Each
inspection will be documented on a form provided by the department. Upon
completion, the safety inspection form will be forwarded to the Manager and
Department Director for review. Areas needing corrective action taken will be
addressed. Safety inspection forms from all City departments will be forwarded to
the safety committee for review. The safety committee will ensure that corrective
actions have been taken and may make additional recommendations as
necessary.
Vehicle Inspections
• Each department will establish and maintain regular vehicle safety inspections.
The frequency and type of vehicle inspection vary, however a basic safety
inspection should be conducted daily.
• Inspection forms will be completed for each vehicle. Minor problems will be
corrected during the inspection if feasible. Problems beyond the inspecting
employee's ability to correct should be referred to Public Works/Fleet Maintenance.
• Areas to be inspected include tires, lighting systems, brakes, windshield wipers,
glass/mirrors, seat belts, fire extinguisher(s), backup alarm, and warning
devices.
• Employees shall not operate a City vehicle when an inspection deems the
vehicle to be unsafe for operation. A supervisor will be notified and the unsafe
vehicle will be placed out of service until corrective action can be taken.
Eauioment Inspections
• Departments which utilize fixed/portable power equipment will establish an
inspection program for such equipment. The inspection program and frequency
of inspections will be based upon manufacturer's recommendations and
recognized good work practices.
• Inspection forms will be developed and utilized by each department for
conducting equipment safety inspections.
• Employees shall not operate equipment when an inspection deems the
equipment to be unsafe for operation. A supervisor will be notified and the unsafe
equipment will be tagged and placed out of service pending equipment repair.
Appendix C
Training
Virtually every task performed by an employee requires some level of training.
Supervisors shall adequately emphasize safety when instructing an employee on
the performance of a certain task.
Job Orientation
• Each department must provide new employees with comprehensive job
orientation training that addresses job safety hazards and provides new
employees with adequate training to work safely around such hazards.
• Supervisors will explain/demonstrate how ajob is to be conducted step-by-step.
The supervisor will have the employee demonstrate his/her ability to correctly
and safely perform the job while the supervisor evaluates the employee. The
supervisor will make corrections as needed.*
Department/Area Specific Safety Training
• Area Specific Safety Orientation must be given to employees entering a work
area during the first week of hire or new assignment. The supervisor may
designate a qualified instructor from the area to provide this training. The Area
Specific Safety Orientation form shall be completed and forwarded to Human
Resources. The form will be filed in the employee's personnel file
• Each department/area may require additional specific safety training,
and employees will comply with the requirements of the department as if
it were part of this procedure.*
Additional Training
• Supervisors will ensure that all employees receive adequate training whenever
new processes or equipment are introduced into the workplace.
• Additional comprehensive training may be required when an employee is
promoted or reclassified to a different position or when a job description is
revised to include additional responsibilities or hazards.*
• Safety training must be ongoing, and supervisors must monitor employees for
compliance after training or retraining.
•Documentation of employee training will be completed and kept on file at the department.
Appendix D
Area/Function Specific Programs
Hazard Communication Standard
• An employee whose job requires that he/she work with regulated materials or
work where such materials are handled or stored in accordance if the
requirements of OSHA (Occupational Safety and Health Administration) Hazard
Communication Standard. Most City employees fall under the requirements of
the Standard to some degree.
• An employee must receive the initial training after beginning work and must
receive refresher training on an annual basis.*
Bloodborne Pathogens
• The Bloodborne Pathogens Standard applies to any employee who could
reasonably be expected to be exposed to blood or body fluids in the course of
his/her normal work. This typically applies to emergency service workers such
as firefighters and police officers. Wastewater collection and treatment system
workers (and lifeguards, when applicable) have been identified as being at a
low to moderate risk.
• Employees covered by the Bloodbome Pathogens Standard must receive initial
training upon beginning work and must receive refresher training on an annual
basis.*
• The City offers a Hepatitis B (HBV) vaccination series at no charge to any
employee identified as being at risk under this Standard.
Permit Required Confined Space Entry
• A confined space is "a space that is large enough for an employee to enter, has
restricted means of entry or exit and is not designed for continuous employee
occupancy." This generally applies to utilities and drainage system workers.
• Initial Confined Space Entry training is-required for all affected employees.
Refresher training is required on an annual basis.*
*Documentation of employee training will be completed and kept on file at the department.
Appendix E
Personal Protective Equipment(PPE)
The type and use of PPE will vary by department, and each department will
develop guidelines concerning employee use of PPE.
Eve Protection
• Eye protection is provided for all employees performing a task or working in
an area where the possibility of an eye injury exists. The employee must wear
the provided eye protection.
• Supervisors will instruct employees as to when eye and face protection is
necessary. Employees will also receive instructions concerning selecting the
proper protective eyewear, wearing it properly, limits of protection and
proper care and maintenance of protective eyewear.*
• Protective eyewear included safety glasses, goggles and face shields. Some
tasks will require that the employee wears safety glasses/goggles in
conjunction with a full-face safety shield. Supervisors will ensure that
employees have selected the proper type of eye protection for the task being
performed.
• Prescription safety eyewear will be provided to employees who must wear
eye protection but have the need for corrective lenses. Department Directors
have the necessary information to obtain the proper prescription safety
eyewear for an employee. All Safety Eyewear needs to meet ANSI
(American National Standards Institute) Standards.
Hearina Protection
• Directors/managers will evaluate work areas and equipment use to determine
noise exposure levels and the need for employee hearing protection. Hearing
protection is required for employees exposed to a noise level in excess of 85
decibels (dB) averaged over an eight-hour period. Higher noise levels over a
shorter time period would require employee hearing protection as well.
• The type of hearing protection provided is usually in the form of earplugs or
earmuffs. Supervisors will assist employees in choosing the proper type of
hearing protection. Supervisors will instruct employees concerning the use and
limitations of the hearing protection provided.*
• Employees will utilize hearing protection at all times when exposed to noise
levels in excess of the permissible guidelines.
Respiratory Protection
• Employees who are exposed to respiratory hazards will be provided with
proper respiratory protection equipment. Protective equipment may consist of
filtration masks, hazard-specific canister masks, supplied air masks, or self-
contained breathing apparatus (SCBA).
• Employees wearing respiratory protection other than simple filter masks must
be fit tested on an annual basis. Employees who wear self-contained breathing
apparatus must undergo and pass an annual medical examination including a
pulmonary function test.
• Supervisors'will instruct employees in the selection, use and maintenance
of respiratory protection equipment. Supervisors will ensure that
employees understand the hazards of the various environments requiring
the use of respiratory protection equipment and the limitations of the
equipment itself.*
• Employees will utilize protective equipment at all times when exposed to
respiratory hazards.
Foot Protection
• Employees who are exposed to falling/rolling objects or puncture hazards
are required to wear safety footwear or equivalent protection.
• All safety shoes worn by employees shall be classed according to ANSI
Z.41.1991-1999 Standard as prescribed by OSHA (Regulation 29, CFR Part
1910-136), or shall be determined by the City to be equally effective.
• Each Department Director shall be responsible for the Identification of
positions which require safety footwear.
• Purchase of Footwear shall comply with the City's Safety Footwear
Purchase Program.
*Documentation of employee training will be completed and kept on file at the department.
EXHIBIT D
INSURANCE REQUIREMENTS
Continuing Services Agreement
SPECIAL PROVISIONS
On the Commercial General Liability and Business Automobile Liability, the City of
Clermont shall be listed as an "additional insured" as their interest may appear. The
CITY shall not by reason of their inclusion under these policies incur liability to the
insurance carrier for payment of premiums for these policies. A renewal certificate shall
be issued thirty(30) days prior to expiration of coverage.
Where available all policies shall be of an occurrence type and provide a forty-five (45)
day notice of cancellation or modification of coverage. Prior to commencement of work,
the proper insurance certificates shall be provided to, and approved by the CITY.
DEDUCTIBLES: Given that the indemnification agreement is intended to be
supported by first dollars insurance policies, which require full disclosure of any and all
deductible for all coverage required by this specification or Contract, the only exception
will be the area of Workers' Compensation. The CITY reserves the right to determine
acceptable limits of such deductibles.
FIRST DOLLAR COVERAGE: To the extent that the CONSULTANT may elect to
purchase insurance, which provides a deductible or (SIR) self insure retention, the
CONSULTANT will assume liability to personally indemnify the CITY to the same level
of coverage required of their insurance carrier.
COVERAGE'S & LIMITS
COMMERCIAL GENERAL LIABILITY: This insurance shall be an "occurrence" type
policy written in comprehensive form and shall protect the CONSULTANT and the
additional insured against all claims arising from bodily injury, sickness, disease, or death
of any person other than the CONSULTANT'S employees or damage to property of the
CITY or others arising out of any act or omission of the CONSULTANT or his agents,
employees, or subcontractors. This policy shall also include protection against claims
insured by usual personal injury liability coverage, and to insure the liability assumed by
the CONSULTANT under the article entitled INDEMNIFICATION and COMPLETED
OPERATIONS AND PRODUCTS LIABILITY coverage.
The liability limits shall not be less than:
Personal Injury and $1,000,000 Combined
Property Damage Single limit each occurrence
BUSINESS AUTOMOBILE LIABILITY: This insurance shall cover "any auto" type
for bodily injury and property damage. This shall include owned vehicles, hired and non-
owned vehicles, and employee non-ownership.
The liability limits shall not be less than:
Bodily Injury and $1,000,000 Combined
Property Damage Single limit each occurrence
WORKERS' COMPENSATION INSURANCE: The CONSULTANT shall take out and
maintain during the life of this agreement, workers' compensation msurance for all of his
employees connected with the work of this project and in case any work is sublet, the
CONSULTANT shall require the subcontractor similarly to provide workers'
compensation insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONSULTANT. Such insurance shall comply
fully with Florida Statutes, Chapter 440 and the Florida-Workers' Compensation Law. In
case any class of employees engaged in hazardous work under this contract at the site of
the project is not protected under the workers' compensation statute, the CONSULTANT
shall provide adequate insurance, and cause such subcontractor to provide adequate
insurance, satisfactory to the owner, for the protection of his employees not otherwise
protected.
PROFESSIONAL LIABILITY: CONSULTANT shall carry professional
malpractice insurance in the amount of$1,000,000 throughout the term of this Agreement
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 Agreement through the expiration date of the last policy period. In the
event that CONSULTANT shall fail to secure and maintain such coverage,
CONSULTANT 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.
HOLD HARMLESS/INDEMNIFICATION
To the fullest extent permitted by laws and regulations, the CONSULTANT shall defend,
indemnify, and hold harmless the CITY, its officers, directors, , and employees from and
against all claims, damages, losses, and expenses, direct, indirect, or consequential
(including but not limited to reasonable fees and charges of engineers, CONSULTANTs,
attorneys, and other professionals and court and arbitration costs) arising out of or
resulting from any acts of omission or negligence in the performance of the work by the
CONSULTANT, any subcontractor, or any person or organization directly or indirectly
employed by any of them to perform or furnish any of the work or anyone for whose acts
any of them may be liable.
In any and all claims against the CITY, or any of its officers, directors, agents, or
employees by any employee of the CONSULTANT, any subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of
the work or anyone for whose acts any of them may be liable, this indemnification
obligation shall not be limited in any way by any limitation on the amount or type of
damages, compensation, or benefits payable by or for the CONSULTANT or any such
subcontractor or other person or organization under workers' or workmen's
compensation acts, disability benefit acts, or other employee benefit acts, nor shall this
indemnification obligation be limited in any way by any limitation on the amount or type
of insurance coverage provided by the CITY, the CONSULTANT, or any subcontractors.
APPLICABILITY: It is the express intent of the CONSULTANT that this Agreement
shall apply to all work or purchase orders incidental to the professional
graphical/geographical systems (GIS) and computer aided design (CAD) services
agreement.
SUBROGATION: The CONSULTANT and any subcontractors shall require their
insurance carriers, with respect to all insurance policies, to waive all rights of subrogation
against the CITY, except for "Professional Liability" and workers' or workmens'
compensation. In the case of"Professional Liability," the Engineer/CONSULTANT and
any subcontractors shall waive all rights of subrogation except in situations where gross
negligence is shown on the part of the CITY.
RELEASE OF LIABILITY: Acceptance by the CONSULTANT of the last payment
shall be a release to the CITY and every officer and agent thereof, from all claims and
liability hereunder for anything done or furnished for, or relating to the work, or for any
act or neglect of the CITY or of any person relating to or affecting the work, unless
expressly reserved in writing at the time that CONSULTANT submits its request for final
or last payment.
COMPANIES ISSUING POLICIES:Each insurance policy issued hereunder shall be
issued by a company or companies authorized to do business in the State of Florida and
which have an A.M. Best Company rating of"A" or better and a Financial Size category
of"VII"or as otherwise approved by CITY, in its sole discretion.
By:
DATE: