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922 A/R/C Associates, Inc. AIA Document B151 - 1997 Abbreviated Standard Form oT Agreement Between Owner and Architect AGREEMENT made as of the Seventh day of December in the year Two Thousand and One (In words, indicate day~ month and year) BETWEEN the Architect's client identified as the Owner: (Name, address alld other 1blotmarion) City of Sanford 300 North Park Avenue P. O. Box 1788 Sanford, FL 32772-1788 and the Architect: (Name, address and other information) NRIC Associates, Incorporated 601 North Fern Creek Avenue, Suite 100 Orlando, FL 32803 For the following Project: (include detailed description of Project) Sanford City Hall - Low Sloped Roof Membrane Replacement 300 North Park Avenue Sanford, FL 32772 The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and m. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit, upon written request, for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. ] .4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph n.S.L ARTICLE 2 SCOPE OF ARCNIIECI'S BASIC SERVICES © 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction at the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United 5tares and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates u.S. copyright laws and wilI subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: b- 1S1 city of sanford - revised -- 2fl/2002. AIA License Number 1004218. which expires on 8/31/2002. 1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article ~2 as part of Basic Services, and include normal structural, mechanical and electrical engineering services if stjpulate~l in the Architaet's proposal. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the ' requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2,L 2.2.3 The Architect shah review with the Owner alternative approaches to design and constmction of the Project. 2.2.4 Eazcd-e~ 4he mutua2~' agreed uFon Frogram, ~he4ate and con~trac'don budget- rcc~ircmcr~ ~he A=kkcct ~ preparc, ~ appro':zl 3~ ~ O,,~cr, Schematic Dczign- Documcn%s consisting of drawings and other documents illustrating the scale and relationship of Proiect components. ,1~ 2.2.5 The Architect shall, UpOn request, submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2 3. ] Based on the approved Schematic Design Documents and any adiustments authorized by the Owner in the program, schedule or construction budgets the Archilect shall preparel for approval by the Ownerl Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTROCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifigations setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall, upon request, advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE © 1974, 1978, 1977, 1987, © ]99Tby The American Institute o~' Architects. Reproduction of the material heroin or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the Onited States and will subject the violator to legal prosecution. WARNING: Onljcensed photocopying violates 0.5. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b-15] city of sanford - revised - 112812002. AIA License Number 10042]8, which expires on 2 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for altemate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supphed by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consukants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providinganalysesofowningandoperatingcosts. 3.4.13 Providing interior design and other sim~ar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing seivices for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing fac~ities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. © 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA vioJates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates u.S. copyright laws and wil[ subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b-151 city of sanford ~ revised -- 1/28/2002. AIA License NUmber 1004218, which expires on 8/31/2002. 7 3.4.]7 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.]8 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 6o days after the date of Substantial Completion of the Work. 3.4.]9 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 40WNER'S RESPONSIBILITIES 4. l The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Proiect, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within ~5 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner shall establish and periodically update an overall budget for the Pmiect, including the Construction Cost, the Owner's other costs and reasonable contingencies related to ~(lI of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Proiect. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The Owner shall furnish, when such services are requested by the Architect, surveys to describe physical characteristics, legal limitations and utility locations for the site of the Proiect, and a written legal description of the site. The surveys and legal information shall include, as apphcable, grades and lines of streets, alleys, pavements and adioining property and structures; adiacent drainage; rights-of-way, restrictions, easements, encroachmerits, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Proiect benchmark. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Proiect. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. © 1974, 1978, 1977, 1987, © 1997 by The American institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b-151 city of sanford - revised -- 1/28/2002. AIA License Number 1004218, which expires on 8/31/2002. 8 requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Proiect and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, hobdays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .l transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Proiect; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 rendedngs, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consukants; .7 reimbursable expenses as designated in Article .8 other simflar direct Proiect-related expenditures. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3. ] An initial payment as set forth in Paragraph n.z is the minimum payment under this Agreement. 10.3.2 Subsequent payments forBasic Services shallbe made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set foxth in Subparagraph n.2.2. 10.3.3 If and to the extent that the tLme initially established in Subparagraph n.5.~ of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph n.3.z 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those poxtions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph n.2.2, based on (~) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary © 1974, 197B, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisigns without written permission of the AIA violates the copyriSht laws of the United States and will subject the violator to leSai prosecution. WARNING: Unlicensed photocopyin8 violates U.S. copyriSht laws and will subject the violator to leSal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b-151 city of sanford - revised -- 1/28/2002. AIA License Number 1004218, which expires on 8/]1/2002. 14 'pa!oId aql Jo suo.ruod q~ns aoj lsoD uo!DrulsuoZ) jo aleuq. lsa pal~.~lap Jo lsoD uo~.pmlsuoD jo alstu!lsa · · ': aProjectRepresentative on an hourly basis. Compensationshall be in accordance with Billing Table No. 9, enclosed as Exhibit 'B'. 12.6 The Architect's Project Representative shall perform in accordance with AIA Document B352, The Duties, Responsibilities and Limitations of Authority of Project Representatives. For the purpose of this Agreement, AIA Document B352 is incorporated with this document as Exhibit "A", 12.7 The City of Sanford Florida Contract Form Addendum to Contractor's Form marked Exhibit "C'~ is attached and made a part of this Agreement. This Agreement entered ~r first written above. A~H~C~I ' a ure Brady Lessazd, I~yor Donald G. Domer, President (l~dz~ted z~ame and tide) (l~ted ]~ame and ams, Corporate SecretaryTreasurer © 1974, i978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United 5tares and will subjecl the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.5. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b-]51 city of sanford - revised -- 1/28/2002. AIA License Number 1004218, which expires on 8/_:11/2002, 17 Duties, Responsibilities and Limitations of Authority of the Architect's Project Representative AIA Document B352 - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40 I. Recommended as an Exhibit When an Architact's Poejest Representative is Employed 1. GENERAL 2.2 Monitor the Contractor's construction schedules e~ an 1.1 The Architect's Project Representative shall visit ~- ~cngcing basis and alert the Architect to conditions that may :t=tier. cd a:~-the site and shall be responsible for assisting the lead to delays in completion of the Work. Architect in the administration of the Contract. Through the observations of the Project Representative, the Architect shall 2.3 Receive and respond to requests from the Contractor for endeavor to provide frether protection for the Owner against information and, when authorized by the Architect, provide defects and 'deficiencies in the Work. Apart from such further interpretations of Contract Documents. protection, the rights, responsibilities and obligations of the Architect as described in the Agreement Between the Owner 2.4Receive and review requests for changes by the and Architect shall not be modified by the furnishing of such Contractor, and submit them, together with recommendations, Project Representative. to the Architect. tt' the"-a~e ....... '~ ~ .... r~, prepsre Supplemental v_~...,~.:^~ incorporating 4he ^-~'~* 1.2 Communications by the Architect's Project Modificationc to thc Contract Document:, Representative relating to administration of the Contract shall in general be restricted to the Architect and Contractor. The 2.5 Attend meetings as directed by the Architect and report Project Representative shall communicate with the Owner and to the Architect on the proceedings. Contractor under the direction of the Architect and with die Architect's full knowledge..'[~.c Prcjc:t Rcprc~ntative shall 2.6 Observe tests required by the Contract Documents. ~o~ communicate ,.,~.u Subcontractors -o~ ~*~-:~ ..... u..~ Record and report to the Architect on test procedures and test except with thc full knowledge and approval of the Contractor results; verify testing invoices to be paid by the Owner. and Architect. t~ 2.7 M~ff:tzi:: records -at ~ ccns+_mcficn site 4~ -a~ 2. DUTIES ANDRESPONSIBILITIES ...... ~--~- correspondence, r- ...... ~, The Project Representative shall: ~.~,, ....... , Consreaction C~a':ge ......... , submittals; supplementary drawings, color schcdules, requests · "~b ~°~,~b~f :t~e: :;~sr. ca~n~s~i~to for payment; and names, addrcs,s and telephone nu:r~,rs .of- 2 ~ Perform on s~t se of the Work as re este s tl~ r,^~- ...... Subcontractors and F:4~2iFa! determine in general if the Work is being performed in a ........... ' manner indicating that the Work when completed will be in supr,!icrs. ~ conformante with the Contract Documents, Notify the 2.81~hteL~:-a-togEcck~f activities,at-flee site, inch'~,~:g Architect immediately if, in the Project Representative's we:~cr ~^"'~:":^"~ n:.~,:r.~ and ~+;^- -el ur^.~. bcL':g opinion, Work does not conform to the Contract Documents .......... ' or requires special inspection or testing. performed, verbal instructions and interpretations given to the Electronic Format B352-1993 User Document: B352.DOC -- ~217/200~. AIA License Number q05946, which expires on q/~5/2002 -- Pa0e #~ EXHIBIT 'A" · Contractor, and specific obson,ations. Record any occurrence under the Agreement Between the Owner and Architect. The or Work that might result in a claim for a change in Contract Project Representative shall NOT: Sum or Contract Time. Maintain a list of visitors, their titles, and time and purpos~ of their visit ~ 3.1 Authorize deviations from the Contract Documents. 2.9 Assist the Architect in reviewing Shop Drawings, Product 3.2 Approve substitute materials or equipment except as Data and Samples if required. Noti~'4taeArc~jtect4fany anthorized in writing by the Architect. o~ Esmz!c:4s corcar. enccd befure-sac~ subr!~=!s ~'~"~ ~'~ 3.3 Personally conduct or participate in tests or third party approved by the Architect. Receive and leg Samples required inspections except as authorized in writing by the Architect. ~ 4he ~;+~ nc~f" -tile A ~: .... when the" ~ ~A,, for action; maintain custody ofapprovcd Sample. ~ 3.4 Assume any of the responsibilities of the Contractor's ~1, superintendent or of Subcontractors. 2.10Observe ~e r, ..... r~.~...:~ ~ 3.5 Expedite the Work for the Contractor. ....... g,, Specifications, ^A,~_,h Modifications -a~ ;~*~'~ ....... ccnsr,:'cticn-~t ncti.5'-the Arc~jtect~t:-~-y apparent failure 3.6 Have control over or charge of or be responsible for by the Contractor to maintain up to date records construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in 2.11 Review Applications for Payment and forward to the connection with the Work. Architect with recommendations for disposition. 3.7 Authorize or suggest that the Owner occupy the Project 2.12Review the list of items to be completed or corrected in whole or in part. which is submitted by the Contractor with a request for issuance of a Certificate of Substantial Completion. Review 3.8 Issue a Certificate for Payment or Certificate of the Work. If the list is accurate, forward it to the Architect for Substantial Completion. final disposition; if not, so advise the Architect and remm the list to the Contractor for correction. 3.9 Prepare or certify to the preparation of a record cepy of the Drawings, Specifications, addenda, Change Orders and 2.13 Assist the Architect in conducting inspections to other Modifications. determine the date or dates of Substantial Completion and the date of final completion. 3.10 Reject Work or require special inspection or testing except as authorized in writing by the Architect. 2.14 .~'I s?ssist-the Architect 4~ recei-t ar.a =azs=it+=! -to the c, ..... -el documcntation ..... ;--~ 4 the r-^~,. ..... -at- 3.11 Accept, distribute, or transmit submittals made by complction oftheWork. the Contractor that are not required by the Contract Documents. 3. LIMITATIONS OF AUTHORITY 3.12 Order the Contractor to stop the Work or any portion The Architect's Project Representative, in acting on behalf of thereof the Owner, shall not exceed the authority of the Architect AIA DOCUMENT B352 - ARCHITECT'S PROJECT REPRESENTATIVE - A1A - COPYRIGHT 1993 - THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C., 20006-5292 .; Unlieensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with p~rmission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B352-1993 User Document: B352.DOC -- 12/7/2001. AIA License Number 105946, which expires on 1/15/2002 -- Page #2 A/R/C Associates, Incorporated Billing Table No. 9 August, 2001 EMPLOYEE CATEGORY NUMBER DISCIPLINE NAME RATE 10 00001 Principal Dorner, Donald G. $120.00 10 00003 Principal Willjams, Joseph J. $120.00 37 00060 Manager Ripley, James W. $ 85.00 38 00067 Architect III Awsumb, Jr., Richard N. $ 75.00 41 00071 Draftsman I Naugle, Jerry P. $ 35.00 42 00073 Draftsman II Giebert, Troy J. $ 45.00 42 00076 Draftsman II Reyes, Hector $ 45.00 43 00057 Draftsman III Marity, Clifford A. $ 60.00 54 00053 Quality Assurance Howe, Troy A. $ 50.00 Representative 54 00077 Quality Assurance Michel, Dan $ 50.00 Representative 55 00023 Quality Assurance Barton, Ranfly $ 55,00 Manager 61 00072 Clerical I Lorenzo, Marie G. $ 35.00 62 00059 Clerical II Kopec, Karen A. $ 40.00 70 00046 Bookkeeper Whim, Patricia D. $ 40.00 EXHIBIT "B" THE CITY OF SANFORD FLORIDA CONTRACT FORM ADDENDUM TO CONTRACTOR'S FORM CONTRACTORNAME: APR/C Associates, IncorOorated DATE: JANUARY 23, 2002 The City of Sanford, Florida (City) and the Contractor are this day entering into a contract and, for their mutual convoniance, the parties are using the standard form agreement provided by the Contractor, A/R/C Associates. Incorvorated. This addendum, duly executed by the parties, is attached to and hereby made a part of the contract. The Contractor represents and warrants that it is a(n) / / individual proprietorship / / association / / partnership corporation / / governmental agency or authority authorized to do in Florida the business provided for in this contract. (Check the appropriate box.) Notwithstanding anything in the Contractor's form to which this Addendure is attached, the payments to be made by the City for all goods, services and other deliverables under this contract will be in the amount of $19.995.00 fixed desi~ fee and an estimated construction service fee of $5~835.00. Payments will be made only upon receipt of a proper invoice, detailing the goods/services provided and submitted to The City of Sanford, Attention: Tom George, Project Manager. The total cumulative liability of the City, its officers, employees and agents in connection with this contract or in connection with any goods, services, actions or omissions relating to the contract, shall not under any circumstance exceed payment of the above maximum purchase price plus liability for an additional umonnt equal to such maximum purchase price. In its performance under this contract, the Contractor acts and will act as an independent conicactor, and not as an agent or employee of the City. The Contractor's form contract is, with the exceptions noted herein, acceptable to the City. Nonetheless, because certain standard clauses that may appear in the Contractor's form agreement cannot be accepted by the City, and in consideration of the convenience of Using that form, and this form, without the necessity of specifically negotiating a separate contract document, the parties hereto specifically agree that, notwithstanding any provisions appearing in the attached Contractor's form contract, none of the following shall have any effect or be enforceable against the City: 1. Requiring the City to maintain any type of insurance either for the City's benefit or for the contractor's benefit; 2. Renewing or extending the agreement beyond the initial term or automatically continuing the contract pe~ied from term to term; 3. Requiring or stating that the terms of the allached Contractor's form agreement shall preva'fi over the terms of this addendure in the event of conflict; 4. Requiring the City to indemnify or to hold harmless the Contractor for any act or omission; 5. Imposing interest charges contrary to that specified by the Code of Florida, 6. Requiring the application of the law of any state other than Florida in interpreting or enforcing the contract or requiting or permitting that any dispute nnde~ the contract be resolved in the courts of any state other than Florida; 7. Requiring any total or partial compensation or payment for lost profit or liquidated damages by the City if the contract is terminated before its ordinary period; 8. Requiring that the contract be "accepted" or endorsed by the home office or by any other officer subsequent to execution by an official of the City before the contract is considered in effect; 9. Delaying the acceptance of this onntraet or its effective date beyond the date of execution; 10. Limifmg or adding to the time period within which clinns can be made or actions can be brought; 11. Limiting the liability of the Contractor for property damage or personal injury; F, XHI B I1 C INSURANCE REO UIREMENTS WHICH MUSTBEMET I. · The CONTRACTOR bidder will be required to provide, to the Purchasing Agent, prior to sigffmg a contract for any work, a Certificate of Insurance demonstrating that said bidder is carrying sufficient insurance at the established coverages and limits' set below. 2. Any exceptions to the insurance requirements and limits set below must be norated in writing by the City of Sanford. 3. All policies are to be endorsed to include the City of Sanford as Additional Insured. In the cancellation clause the number "30" shall be inserted into the blank space provided prior to the words "days prior notice...". All contractor policies are to be considered primary to City coverages and shall not contain insurance provisions. 4. Certificate of Insurance shall be reviewed for determination of adequate coverage by the City. 5. In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. 6. Unless otherwise specified it shall be the responsibility of the contractor to insure that all subcontractors comply with the same insurance requirements spelled out in this section. 7. InsuranCe reqUiremems: Yes 4 No Workers' Compensation Limit $Statuto~y Yes 4 'No' Commercial General Liability Limit $1,000,000 Yes 4 No Comprehmsive Auto Liability (shall L'nuit $1,000,000 include "Any Auto") Yes __ No Builder's Risk (all risk for Limit $* construction cost of the project) * Yes 4 No Contractual Liability Limit SUnder Gen Yes 4 No ~Products and Completed Operations Limit SUnder Gen Yes 4 No Owners and Contractors Protective Limit SUnder Gen Yes 4 No ~Professional Liability Limit $1,000,000 Yes No Excess Liability Limit ~$ Yes__ No Other: XCU Limit $1,000,000 Yes No Other: Limit $ Yes No Other: /nnit ~$ Yes __ No Other: Limit ~ (NOTE: All limits are per occurrence and must include Bodily Injury and Property Damage. All policies will be written on occurrence form and not on claims made form.) ACORD. CERTIFICATE OF LIABILITY INSURANCE{ 02/04/2002 PRODUCER (40'7)647-7901 FAX (407)647~5604 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kraft Tnsurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 231 North New York Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Winter Park, FL 32789 INSURERS AFFORDING COVERAGE ~NSUREO A/R/C Associates, TnC INSURERA: The Hartford 601 N. Fern Creek INSURERB: Or3ando, FL 32803 ~,SURERC: INSURER D: COVERAGES THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE~ HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDiTiONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GeNeRALU~SeUTY 21SBAGC7706 0}./19/2002 01/:19/2003 E~CHOCCUR~ENCE $ 2.000,000 X ~]C~SMADE EX'3OCCUR MEOEXP~.yo..~.o.,' ~ 10,000 A ~ PERSONAL & ADV INJURY $ 2 m 000 m GENERAL AGGREGATE $ 4,000,000 '} PoL,oY 1'3 I" I AUTOMOSI~EUAB~UTY 21UECLF1448 01/19/2002 01/19/2003 COMBINEDSINGLELIMff 1,000.000 A -- $ WORKERS COMPENSA"nON AND ZlWECD58084 01/19/2002 01/19/2003 X IT~ys[~uTr~t I~H' A EMPLOYERS~ LIABILITY E.L EACH ACCIDENT $ 1 ~ 000 ~ 000 E.LDISEASE-EAEMPLOYEE $ lf000~000 E.L DISEASE - POLICY LIMIT $ 1~000~000 :ert~f~cate Holder TS Add3t~ona] ~nsured As Respects General L3ab3~ty CERTIFICATE HOLDER ~ ~ ADDIT~ONALINSURED;INSURERLETTER: CANCELLATION ~O City of Sanford 10 DAYSWRtTFENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHELEFT. Pub] iC Works Department Attn: r4r. Tom George, Project l~anager BUTFAILURETOMAILSUCHNOTIC LIMPOSENOOBLIGATIONORLIA 300 North Park Avenue OFANYKINDUPONTHECOMP ENTSOR ESENT TIV ACORD 25-S (7197} ©ACORD CORPORATION IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cartain policies may require an endorsement. A statement on this certificate does not confer dghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing i.nsurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively dr negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7197)