SPECIAL INSPECTION SERVICES AT 2701 VIA CIPRIANI - CLEARWATER
AGREEMENT REGARDING SPECIAL INSPECTION SERVICES
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This AGREEMENT made this ---.J3ttr_ day of August, 2001, by and between
the City of Clearwater, Florida ("City"), P. O. Box 4748, Clearwater Florida 33758, and
The Grand Bellagio at Baywatch, L TO., 474 S. North Lake Boulevard, Suite, 1020,
Altamonte Springs, FL 32701.
WHEREAS, it is advisable to retain special inspectors for applicable construction
projects, and that a property owner shall select and pay all costs of employing such
inspectors and that the inspectors shall be responsible to the local government having
permitting authority over the project; and
WHEREAS, it is advisable to set forth the responsibilities of the City and Owner
regarding special inspections of the project known as The Grand Bellagioa at Baywatch,
which has received certain permits from City and is anticipated to be under construction
during July through May, 2002 time period;
NOW THEREFORE, City and Owner do hereby mutually agree as follows:
1. SCOPE OF PROJECT. Owner agrees to provide special inspection
services by selecting and compensating special inspectors acceptable to City's Chief
Building Official for the project known as The Grand Bellagio at Baywatch apartments,
located at 2701 Via Cipriani, Clearwater. The inspectors will be empowered by City to
sign off on inspections, as would a regular inspector, but shall not be considered
employees or independent contractors of City. All inspectors shall possess and
maintain required state and local licenses at their own expense. Inspectors shall be
available during the duration of the initial inspection portion of the Project during
weekdays from 7:00 a.m. to 7:00 p.m., and shall be available for weekend hours upon
48 hours' notice from City. Inspectors shall not perform other work during the hours
engaged in inspection services for the Project. InspeGtors shan abide by the Chief
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Building Official's interpretations of City codes and policies in regard to performance of
inspections. While being compensated for hours worked by Owner pursuant to this
Agreement, inspectors shall not simultaneously perform other work.
2. TIME OF PERFORMANCE. Owner agrees to continue employing the
special inspectors during the construction phase(s) of the Project in which their services
are required by statute and as long as both City and Owner mutually agree that there is
a need for their services. Owner shall give two weeks' notice to inspectors prior to
termination of their services.
3. REPORTS. Owner agrees to have its inspectors provide to City reports
on the initial construction phase(s) of the Project and to provide additional reports upon
reasonable request by City. City agrees to promptly process such reports and notify
inspectors of any deficiencies which must be remedied.
4. CONTACTS FOR RESPONSIBILITY. Scot Hamilton will be designated
as Project Director for this project by Owner to manage and supervise the performance
of this Agreement on behalf of Owner. The City will be represented by Kevin Garriott,
Chief Building Official, or his designee for all matters relating to this Agreement.
5. TERMINATION OF CONTRACT. This Agreement shall terminate
upon submission and verification of all final inspection reports required by City and by
statute. If Owner or its inspectors shall fail to fulfill any obligations hereunder, this
contract shall be in default and the City may terminate the agreement.
6. INDEMNIFICATION AND INSURANCE. Owner agrees to protect, defend,
indemnify and hold the City and its officers, employees and agents free and harmless from
and against any and all losses, penalties, damages, settlements, costs, charges,
professional fees or other expenses or liabilities of every kind and character arising out of
or due to any negligent act or omission of Owner, or its employees o~agents in connection
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with or arising directly or indirectly out of this Agreement and/or the performance hereof.
Without limiting its liability under this Agreement, Owner shall procure and maintain during
the life of this Agreement liability insurance coverage in those amounts set forth in Exhibit
"A" attached hereto and made pa part hereof. This provision shall survive the termination
of this Agreement.
7. ATTORNEYS FEES. In the event that either party seeks to enforce this
Agreement through attorneys at law, then the parties agree that each party shall bear its
own attorney fees and costs, and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF, City and Owner have executed this Agreement on the date
first above written.
CITY OF CLEARWATER, FLORIDA
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William B. Horne II
Wiltiamddome
City Manager
Approved as to form:
Attest:
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Cy ia E. GoudefUj
City lerk
Leslie K. Dougall-Sides
Assistant City Attorney
Owner:
The Grand Bellagio at Baywatch, LTD.
By:
Presid t or Authorized Agent
Christopher Del Guidice
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Special Inspection Services Agreement - Bellagio
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EXHIBIT A
CITY OF CLEARWATER
RISK MANAGEMENTIINSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
STATEMENT OF PURPOSE
The City of Clearwater enters into agreements and contracts for services and/or products of
other parties.
Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's
interests and to minimize its potential liabilities. Whenever applicable, the following terms shall
be included in agreements and contracts.
CITY DEFINED
The term City (wherever it may appear) is defined to mean the City itself, its Commission, the
Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency
created pursuant to Part III, Chapter 163, Florida Statutes, its duly appointed officers, or other
public bodies, officers, employees, volunteers, representatives and agents.
OTHER PARTY DEFINED
The term other party (wherever it may appear) is defined to mean the other person or entity
which is a party to an agreement or contract with the City, any subsidiaries or affiliates, officers,
employees, volunteers, representatives, agents, contractors, and subcontractors.
HOLD HARMLESS
The City shall be held harmless against all claims for bodily injury, sickness, disease, death or
personal injury or damage to property or loss of use resulting there from, arising out of the
agreement or contract unless such claims are a result of the City's sole negligence.
PAYMENT ON BEHALF OF CITY
The other party agrees to pay on behalf of the City, and to pay the cost of the City's legal
defense, as may be selected by the City, for all claims described in the Hold Harmless
paragraph. Such payment on behalf of the City shall be in addition to any and all other legal
remedies available to the City and shall not be considered to be the City's exclusive remedy.
INSURANCE
The other party shall provide the following described insurance, except for coverages
specifically waived by the City, on policies and with insurers acceptable to the City.
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These insurance requirements shall not limit the liability of the other party. The City does not
represent these types or amounts of insurance 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 as an additional insured to the extent of the City's interests
arising from this contract or agreement.
Except for workers' compensation, the other party waives its right of recovery against the City,
to the extent permitted by its insurance policies.
The other party shall request that its insurers' policies include or be endorsed to include a
severability of interests/cross liability provision so the City will be treated as if a separate policy
were in existence without increasing the policy limits.
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.
Workers' Compensation Coverage
The other party shall purchase and maintain workers' compensation insurance for all workers
compensation obligations imposed by state law and employers liability limits of at least
$100,000 each accident and $100,000 each employee/$500,OOO policy limit for disease.
The other party shall also purchase any other coverages required by law for the benefit of the
employees.
General, Automobile and Excess or Umbrella Liability Coverage
The other party shall purchase and maintain coverage on forms no more restrictive than the
latest editions of the Commercial or Comprehensive General Liability and Business Auto
policies of the Insurance Services office.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying
policies (including employers liability required in the Workers' Compensation Coverage section)
and the total amount of coverage required.
Commercial General Liability
If Commercial General Liability coverage is provided:
Coverage A shall include premises, operations, products and completed operations,
independent contractors, contractual liability covering this agreement or contract, and
broad form property damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
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Occurrence Form
The occurrence form of Commercial General Liability must be provided.
Comprehensive General Liability
If Comprehensive General Liability coverage is provided it shall include at least:
Bodily injury and property damage liability for premises, operations,
products/completed operations, independent contractors, and property damage
resulting from explosion, collapse or underground (x,c,u) exposures.
Broad Form Comprehensive General Liability coverage, or its equivalent, with at
least:
Broad form contractual liability covering this agreement or contract,
personal injury liability and broad form property damage liability.
Products/Completed Operations Coverage
The other party is required to continue to purchase products/completed operations
coverage for a minimum of three years beyond the City's acceptance of renovation or
construction projects.
Business Auto Liability
Business Auto Liability coverage is to include bodily injury and property damage arising
out of operation, maintenance or use of any auto, including owned, nonowned and hired
auto- mobiles and employee nonownership use.
Watercraft/Aircraft Liability
If the other party's provision of services involves utilization of watercraft or aircraft,
watercraft and/or aircraft liability coverage must be provided to include bodily injury and
property damage arising out of ownership, maintenance or use of any watercraft or
aircraft, including owned, non-owned and hired.
Excess Or Umbrella Liability
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be
allowed. Whichever type of coverage is provided, it shall not be more restrictive than
the underlying insurance policy coverage's.
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, nonrenewal or adverse
change. New Certificates of Insurance are to be provided to the City at least 15 days prior to
coverage renewals.
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If requested by the City, the other party shall furnish complete copies of the other party's
insurance policies, forms and endorsements.
The address where all such Certificates of Insurance and policies of insurance, when
requested, shall be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, FL 33758-4748
For Commercial General Liability coverage the other party shall, at the option of the City,
provide an indication of the amount 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.
INSURANCE OF THE OTHER PARTY PRIMARY
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 City, Insurance,
Additional Insurance and Certificates of Insurance provisions of this agreement or contract.
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 be expected to comply with all
applicable laws, regulations, or ordinances related to safety and health and shall make special
efforts where appropriate to detect hazardous conditions and shall take prompt action where
loss control/safety measures should reasonably be expected.
The City may order work to be stopped if conditions exist that present immediate danger to
persons or property. The other party acknowledges that such stoppage will not shift
responsibility for any damages from the other party to the City.
ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS
If checked below, the City requires the following additional provisions or types of insurance for
repair or service or other contracts to afford added protection against loss, which could affect
the work being performed.
_x_ Commercial General Liability Increased General Aggregate Limit
The minimum commercial general liability general aggregate limit shall be
$_500,000.00_ which is greater than the occurrence limit simply because it is an
annual aggregate limit.
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ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION CONTRACTS
If checked below, the City requires the following types of insurance for renovation or
construction contracts, in addition to required coverages previously cited, including Additional
Insurance for Repair or Service or Other Contracts.
_2C Commercial General Liability Project Aggregate
Because the Commercial General Liability form of coverage includes an annual
aggregate limitation on the amount of insurance provided, a separate project aggregate
limit is required by the City for this contract or agreement.
Owners Protective Liability
For renovation or construction contracts the other party shall provide for the City an
owners protective liability insurance policy (preferably through the other party's
insurer) in the name of the City.
Builders Risk
Builders Risk insurance is to be purchased to cover the property for all risks of loss,
subject to a waiver of coinsurance, including coverage of risks indicated in the
Installation Floater and Motor Truck Cargo insurance previously described 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 grant permission to occupy.
PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS
If checked below, the City requires the following terms and types of insurance for professional,
malpractice, and errors or omissions liability.
_x_ Hold Harmless
The following replaces the previous Hold Harmless wording:
The City shall be held harmless against all claims for bodily injury, sickness, disease,
death or personal injury or damage to property or loss of use resulting there from
arising out of performance of the agreement or contract, unless such claims are a result
of the City's own negligence.
The City shall also be held harmless against all claims for financial loss with respect to
the provision of or failure to provide professional or other services resulting in
professional, malpractice, or errors or omissions liability arising out of performance of
the agreement or contract, unless such claims are a result of the City's own negligence.
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_x_ Professional Liability/Malpractice/Errors or Omissions Insurance
The other party shall purchase and maintain professional liability or malpractice or errors
or omissions insurance appropriate for the type of business of business engaged in by
the other party with minimum limits of $_1,000,000.00_ per occurrence.
If a claims made form of coverage is provided, the retroactive date of coverage shall be
no later than the inception date of claims made coverage, unless prior policy was
extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by a supplemental extended
reporting period (ERP) of as great duration as available, and with no less coverage and
with reinstated aggregate limits, or by requiring that any new policy provide a retroactive
date no later than the inception date of claims made coverage.
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