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HomeMy WebLinkAbout1998 03 09 Regular Item J COMMISSION AGENDA ITEM J REGULAR X CONSENT INFORMATIONAL .MardL2,--.l2.2.8 Meeting ~LDEPT fr Authorization REQUEST: Utility Department Requesting Authorization to Enter Into a Contract Agreement for Water Main Improvements on Old Sanford/Oviedo Road PURPOSE: The purpose ofthis Board item is to request authorization to enter into a contract agreement with Master Site Development, Inc. for Water Main Improvements on Old Sanford/Oviedo Road at a cost of$79,105.00 plus 10% contingency. CONSIDERATIONS: This project is needed to install a water distribution system for fire protection in the industrial area on Old Sanford/Oviedo Road. The water distribution system currently terminates in the commercial properties on S.R. 419 across from Moss Road. This project will extend an eight inch water main north across the railroad tracks to the western end of Old Sanford/Oviedo Road. It will then proceed easterly to Wade Street where it will be stubbed for a future connection at Wade Street south of S.R. 419. This project was bid as Project # 98-015. Bids were opened on February 4, 1998 with six bidders submitting bids. The alternate is for PVC pipe instead of ductile iron which we recommend. The low bidder was Master Site Development, Inc. of Winter Springs with a bid of$79,105.00. They are located on Old Sanford/Oviedo Road and have successfully performed work for the private sector in the City. The Deputy City Clerk's bid summary is attached as is the bid review and itemization by CPH. March 9, 1998 Regular Agenda Item J Page 2_ FUNDING: This project was not budgeted in the current fiscal year, however, there is sufficient monies in Utility Enterprise Fund Reserves for this capital expenditure. The funds would be transferred into the capital improvements line code (3600-56310) of the Utility Enterprise Fund. The cost of this project will be recouped as the property owners connect to the system. The funds for this project will be expended within 150 days of approval. RECOMMENDATION: It is recommend that authorization be given to enter into a contract agreement with Master Site Development, Inc. for Water Main Improvements on Old Sanford/Oviedo Road at a cost of$79,105.00 plus 10% contingency payable from the Utility Enterprise Fund (3600-56310). IMPLEMENTATION SCHEDULE: The contract period for this project is 90 days from the Notice To Proceed. We expect that construction will begin in April. No disruption of traffic should occur. ATTACHMENTS: 1. Agreement Form 2. Deputy City Clerk Bid #98-015 Summary 3. CPR Bid Review and Cost Tabulation COMMISSION ACTION: ATTACHMENT NO.1 AGREEMENT AND BID FORM THIS AGREEMENT MADE THIS DAY OF March, 1998 between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as Owner and Master Site Development, Inc. of Winter Springs, Florida, herein referred to as Contractor, a person duly licensed as a Contractor in the State of Florida, as follows: 1. DESCRIPTION OF WORK - Contractor shall perform the work, in accordance with the Contract Documents, at 1126 East S.R. 434, Winter Springs, Florida 32708 for: Project # 98-015 - Old Sanford/Oviedo Road Water Main Improvements. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General, and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued after execution of this agreement. These form the Contract and are incorporated into this Contract by this reference. 3. CONTRACT TIME - The CONTRACTOR shall begin work within -11Ldays after the issuance of a written Notice To Proceed and shall complete the work within 90 calendar days from the date of the Notice To Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognized the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $100.00 for each day that expires after the time specified in Paragraph 4 for final completion until the work is finally complete, and that Owner has paid to Contractor the consideration often ($10.00) dollars as consideration for this provision. 5. CONTRACT PRICE. LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Seventy Nine Thousand One_Hundred Five Dollars ($79.105.00). Payments will be made to the CONTRACTOR based on the Lump Sum Bid amount, the Schedule of Values, and subject to completion of the work, in accordance with the Contract DOQuments. 6. PROGRESS PAYMENTS - Owner shall make progress payments on account of the contract price to contractor, on the basis of application for payments submitted to City by Contractor as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: (A) Work is found defective and not remedied; (B) Contractor does not make prompt and proper payments to subcontractors; (C) Contractor does not make prompt and proper payments for labor, materials, or equipment furnished him; (D) Another Contractor is damaged by an act for which Contractor is responsible; (E) Claims or liens are filed on the job; or (F) In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 7. FINAL PAYMENT - Owner shall withhold 10% of the Contract Price which shall be the final payment under this contract. Owner shall make final payment to Contractor within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until Contractor has delivered to Owner a complete release of all liens arising out of the contract, or receipt releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to owner indemnifying him against such claims. By making payments Owner does not waive claims including by not limited to those relating to: (A) Faulty work appearing after substantial completion has been granted; (B) 'Work that does not comply with the Contract Documents; (C) Outstanding claims of liens; or (D) Failure of Contractor. to comply with any special guarantees required by the Contract Documents. Contractor, by accepting final payment, waives all claims except those which he has previously made in \vriting, and which remain unsettled at the time of acceptance of payment pursuant to this contract. 8. DESIGNA TION OF PROJECT DIRECTOR OR ARCffiTECT OR ENGINEER: DUTIES AND AUTHORITY - The duties and authority of the City are as follows: a. General Administration of Contract. The primary function of the City is to provide the general administration of the contract. In performance of these duties Kipton Lockcuff, P.E. Public Works/Utility Director, is the City's Project Director during the entire period of construction. The Owner (City) may change the Project Director during the term of this contract. b. Inspections, Opinions, and Pro\:ress Reports. The Owner shall be kept familiar with the progress and quality of the work by Contractor and may make periodic visits to the work site. The Owner will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the Contractor's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Insoections. The Owner shall be given free access to the worksite at all times during work preparation and progress. The Project Director is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. 2 d. Interpretation of Contract Documents: Decisions on Disputes. The Owner will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Reiection and Stoppa~e of Work. The Owner shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof; when necessary. f. Payment Certificates. The Owner will determine the amounts owing to Contractor as the work progresses, based on Contractor's applications and Owner's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 9. RESPONSIBILITIES OF OWNER - Contractor's duties and rights In connection with the project herein are as follows: a. Responsibility for Supervision and Construction. Contractor shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures, and means, for the coordination of all work. Contractor shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Emplovment. Contractor shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishinl?: of Labor. Materials. etc. Contractor shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and services necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of taxes: Procurement of Licenses and Permits. Contractor shall secure all licenses and permits necessary for proper completion of the work, paying the fees therefor. Contractor warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or wiII secure all trade or professional licenses required by law for contractor to under take the contract work. e. Contractor will provide written guarantee for work and materials for one (1) calendar year after acceptance by Owner. 10. BOl\T)) - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. 11. MEDIA TIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to mutually select a mediator and in the event they cannot mutually agree upon a mediator, one will be appointed by the American Arbitration Association. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed thereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 3 12. NOTICES- Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. Signed, Sealed and delivered in the presence of: Contractor: Master Site Development. Inc. Name: P.O. Box 196877. Winter Springs. FL Address and Telephone 407- Date OWNER: CITY OF WINTER SPRINGS By: Ronald W. McLemore CITY MANAGER 1126 East State Road 434 Winter Springs, Florida 32708 (407) 327-1800 4 A TT ACHMENT NO. 2 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone (407) 327.1800 PROJECT TITLE: WATER MAIN IMPROVEMENTS BID NUMBER: 98-015 BID OPENING DATE: FEBRUARY 4,1998 The Bid opening was called by: J.P. Petrencs~ Director of Purchasing Bid Opened: Bid Closed: 4:08 p.m. 4: 12 p.m. Present as witnesses: Kip Lockcuff, Director, Utility/Public Works Nancy Vobornik, Purchasing Secretary Terry Zaudtke, Consulting Engineer Bid Bond Required: Yes Pcrfonnancc Bond Required: Yes Six (6) Bids Received: 1. PRICE CONSTRUCTION, INC. POST OFFICE BOX 590062, ORLANDO, FLORIDA 32859 BASE BID: $108,300.00 ALTERNATE: $ 92,450.00* 2. GIBBS & REGISTER, INC. 438 NORTII DILLARD STREET, WINTER GARDEN, FLORIDA 34787 BASE BID: $121,372.00 ALTERNATE: $105,832.00* 3. McMAHAN CONSTRUCTION COMPANY, INC. POST OFFICE BOX 967, DELAND, FLORIDA 32721-0967 BASE BID: $134,750.00 ALTERNATE: $ 87,000.00* 4. BURNUP & SIMS TELCOM OF FLORIDA, INC. 7221 EAST DR MARTIN LUTIIER KING BOULEVARD, TAMPA, FLORIDA 33619 BASE BID: $135,290.74 ALTERNATE: $ 51,150.00* 5. BRUCE MC GONIGAL, INC. 3940 MORRES STATION ROAD, SANFORD, FLORIDA 32773-6523 BASE BID: $125,657.00 ALTERNATE: $ 111,570.00* BID RESULTS 98-015 WATER MAIN IMPROVEMMENTS PAGE20F2 6. MASTER SITE DEVELOPMENT, INC. POST OFFICE BOX 196877, WIN1ER SPRINGS, FLORIDA 32719 BASE BID: $100,105.00 ALTERNATE: $ 79,105.00+ +NOTE: These are preliminary figures, prior to an complete analysis by the City of Winter Springs. Andrea Lorenzo-Luaces, DeplJ.' . Clerk City of Winter Springs . BIDS/resultslfy9798/98-O 15.doc Copy: Mr. Kip Lockcuff, Director, Utility/Public Works Mr. J.P. Petrencsik, Director of Purchasing A TT ACHMENT NO. 3 Conklin, [A)orter and Holmes @ ~ ENGINEERS, INC. a 1104 E. ROBINSON STREET ORLANDO, FLORIDA 32601-2092 TEL 407 -425-0452 FAX #407-646-1036 February 13, 1998 Kipton D. Lockcuff, P.E. Utilities Director City of Winter Springs lION. Flamingo Avenue Winter Springs, Florida 32708 RE: City of Winter Springs Water Main Improvements - Re-bid Bid No. 98-015 CPH Project No. W0438.02 Dear Kip: On Wednesday, February 4, 1998, the City received bids for the Water Main Improvements Re-bid for the Sanford-Oviedo Road eight-inch water main. Copies of the bids were made and provided to us for review. The bid request included a base bid using ductile iron pipe and an alternate using C-900 PVC pipe. We recommend that the City proceed with the PVC alternate because of the considerable savings involved. The following is a summary of the three lowest bidders and their associated bid prices based on the PVC alternate: r .', . .. . . ~~ . .. " . . , . Master Site Development $ 79,105.00 Burnup and Simms $ 103,010.74 Gibbs & Register $ 105,832.00 Engineer's Estimate of Pro bable Construction Cost $ 90,000.00 'Cbntt~~tQ( :, I. Bas~Bid~tice' .1 A complete bid tabulation of all bids received is attached for your information. There were errors in some of the bids which we have cOlTected. We did not find errors in the low bidder's documents. As can be seen in the summary, six competitive bids were received. The apparent low bidder was 23 percent lower than the next lowest competitor. Master Site Development is located on Sanford-Oviedo Road and we believe this is the reason for his very Conklin, Il!.orter and Holmes @ ~ lfI) ENOINEERS, INC. competitive bid. Master Site Development has not previously performed work for the City. They have performed private work within the City and City inspectors have found them to provide quality work. A review of references and other data reveals that they are a capable and competent contractor and that they are able to perform the project work. In summary, we have no objection to the City's award of this project to Master Site Development based on available information and their alternate bid price of $79, 1 05.00. If you have any questions, please give me a call. Sincerely, CONKLIN, PORTER AND HOLMES - ENGINEERS, INC. TMZ/j a Enclosure: Bid Tabulations W043802.1oC/lmz/d5 BID TABULATiON CITY OF WINTER SPRINGS PROJECT:Old Sanford-Oviedo Road Water Main Improvements Re-bid BID DATE: February 4,1998 Master Site Development Bumup and Sims Gibbs and Register Price Construction Bruce McGonigal, Inc. McMahan Construction Engineering CONTRACTOR Winter Springs Tampa Winter Garden Orlando Sanford Deland Estimate BID Description Unit Quantity Unit T otaJ Unit Total Unit Total Unit Total . Unit Total Unit Total Unit Total ITEM Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost 1 Mobilization! DemobHization LS 1 2,000.00 2,000.00 16,000.00 16,000.00 3,811.00 3,811.00 4,500.00 4,500.00 6,283.00 6,283.00 8,500.00 8,500.00 15,000.00 15,000.00 2 8-inch Ductile Iron Pipe LF 3000 22.00 66,000.00 27.81 83,430.00 24.25 72,750.00 28.50 85,500.00 30.65 91,950.00 32.00 96,000.00 16.00 48,000.00 3 2 -inch Blow-off EA 1 525.00 525.00 1,433.63 1,433.63 985.00 985.00 500.00 500.00 250.00 250.00 250.00 250.00 500.00 500.00 4 Bore & Jack for 8" DIP LF 60 195.00 11,700.00 192.42 11,545.20 259.00 15,540.00 48.00 2,880.00 174.00 10,440.00 160.00 9,600.00 100.00 6,000.00 5 R&R of Asphalt Pavement SY 40 52.00 2,080.00 15.94 837.60 63.50 2,540.00 150.00 6,000.00 56.00 2,240.00 20.00 800.00 25.00 1,000.00 6 R&R of Culverts EA 4 950.00 3,800.00 1,195.50 4,782.00 2,668.00 10,672.00 1,000.00 4,000.00 400.00 1,600.00 1,500.00 6,000.00 1,500.00 6,000.00 7 Sample Taps EA 3 250.00 750.00 668.70 2,006.10 635.00 1,905.00 700.00 2,100.00 100.00 300.00 200.00 600.00 500.00 1,500.00 8 Connections wI tapping sleeve EA 1 3,750.00 3,750.00 2,907.46 2,907.46 3,049.00 3,049.00 3,000.00 3,000.00 2,600.00 2,600.00 4,000.00 4,000.00 2,500.00 2,500.00 9 Fire Hydrants EA 5 1,900.00 9,500.00 2,509.75 12,548.75 2,024.00 10,120.00 3,200.00 16,000.00 2,000.00 10,000.00 1,800.00 9,000.00 2,500.00 12,500.00 A. PVC Alternate LF 3000 15.00 45000.00 17.05 51 150.00 19.07 57210.00 24.00 72 000.00 26.18 78 540.00 29.00 87 000.00 15.00 45 000.00 Base Total $100105.00 $135290.74 $121 372.00 $124480.00 $125663.00 $134750.00 $93000.00 Total wI Alternate $79105.00 $103010.74 $105832.00 $110980.00 $112253.00 $125750.00 $90 000.00 Addendum # 1 yes ves yes ves yes yes Addendum #2 yes ves yes Not Ackn. ves ves Bid Bond ves yes """ """ yes yes . c /~i-!<. AGREEMENT AND BID FORM TillS AGREEMENT MADE TillS ~(, DAY OF March, 1998 between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as Owner and Master Site Development, Inc. of Winter Springs, Florida, herein referred to as Contractor, a person duly licensed as a Contractor in the State of Florida, as follows: 1. DESCRIPTION OF WORK - Contractor shall perform the work, in accordance with the Contract Documents, at 1126 East S.R. 434, Winter Springs, Florida 32708 for: Project # 98-015 - Old Sanford/Oviedo Road Water Main Improvements. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General, and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and Index to Drawings; all Addenda issued prior to and Jill Change Orders issued after execution of this agreement. These form the Contract and are incorporated into this Contract by this reference. 3. CONTRACT TIME - The CONTRACTOR shall begin work within ...lQ...days after the issuance of a written Notice To Proceed and shall complete the work within 90 calendar days from the date of the Notice To Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LIOUlDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognized the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $100.00 for each day that expires after the time specified in Paragraph 4 for final completion until the work is finally complete, and that Owner has paid to Contractor the consideration often ($10.00) dollars as consideration for this provision. 5. CONTRACT PRICE. LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Seventy Nine Thousand One_Hundred Five Dollars ($79.105.00). Payments will be made to the CONTRACTOR based on the Lump Sum Bid amount, the Schedule of Values, and subject to completion of the work, in accordance with the Contract Documents. 6. PROGRESS PAYMENTS - Owner shall make progress payments on account of the contract price to contractor, on the basis of application for payments submitted to City by Contractor as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: (A) Work is found defective and not remedied; (B) Contractor does not make prompt and proper payments to subcontractors; (C) Contractor does not make prompt and proper payments for labor, materials, or equipment furnished him; '~~~,.,-c~~ (D) Another Contractor is damaged by an act for which Contractor is responsible; (E) Claims or liens are filed on the job; or (F) In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 7. FINAL PAYMENT - Owner shall withhold 10% of the Contract Price which shall be the final payment under this contract. Owner shall make final payment to Contractor within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until Contractor has delivered to Owner a complete release of all liens arising out of the contract, or receipt releases of lien fully covering all labor , materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to owner indemnifying him against such claims. By making payments Owner does not waive claims including by not limited to those relating to: (A) Faulty work appearing after substantial completion has been granted; (B) Work that does not comply with the Contract Documents; (C) Outstanding claims of liens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. Contractor, by accepting final payment, waives all claims except those which he has previously made in writing, and which remain unsettled at the time of acceptance of payment pursuant to this contract. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCillTECT OR ENGINEER: DUTIES AND AUTHORITY - The duties and authority of the City are as follows: a. General Administration of Contract. The primary function of the City is to provide the general administration of the contract. In performance of these duties Kipton Lockcuff, P .E. Public Works/Utility Director, is the City's Project Director during the entire period of construction. The Owner (City) may change the Project Director during the term of this contract. b. Inspections. Opinions. and Prol!ress ReDorts. The Owner shall be kept familiar with the progress and quality of the work by Contractor and may make periodic visits to the work site. The Owner will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the Contractor's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for InsDections. The Owner shall be given free access to the worksite at all times during work preparation and progress. The Project Director is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. 2 '(w..,...,....~,.c.),.~.._-."c - T~~~P::~~;~:c...,'i"c---- ,;'."'P.'~" ~,"':~- d. Interpretation of Contract Documents: Decisions on Disputes. The Owner will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Reiection and Stoppa2e of Work. The Owner shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof; when necessary. f. Payment Certificates. The Owner will determine the amounts owing to Contractor as the work progresses, based on Contractor's applications and Owner's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 9. RESPONSmn..ITIES OF OWNER - Contractor's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. Contractor shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures, and means, for the coordination of all work. Contractor shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. Contractor shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishine of Labor. Materials. etc. Contractor shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and services necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of taxes: Procurement of Licenses and Permits. Contractor shall secure all licenses and permits necessary for proper completion of the work, paying the fees therefor. Contractor warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for contractor to under take the contract work. e. Contractor will provide written guarantee for work and materials for one (1) calendar year after acceptance by Owner. 10. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. 11. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to mutually select a mediator and in the event they cannot mutually agree upon a mediator, one will be appointed by the American Arbitration Association. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed thereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 3 ~:_,:-:_.~_~~~.,._.r'...,~__ ~-~-~C"":,'r'~-~-'" # . 12. NOTICES- Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. ,,,., ~ Debol8h Sue Ca<<1i #1 My c(lITII1IiSIIon CC683850 * * '\ " Dlllirea 'SApt..mb8r 28. 2001 It..,,"" aster Site Develo ment Inc. ame: Signed, Sealed and delivered in the presence of: V ~4 .!-vV~ P.O. Box 196877. Winter Sorings. FL Address and Telephone 407- s:J1- (,Y'f"l j-.4-f~ Date ~r';i. ;4 '-<h OWNER: CITY OF WINTER SPRINGS 1126 East State Road 434 Winter Springs, Florida 32708 (407) 327-1800 4