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HomeMy WebLinkAbout1999 07 12 Consent Item B COMMISSION AGENDA ITEM B CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR July 12, 1999 Meeting MGR (O/fDEPT j:;.t/' Authorization REQUEST: Public Works Department Requesting Authorization to enter into a Contractual Agreement for Traffic Calming Improvements PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual agreement with A.P.E.C. Inc. for the Traffic Calming Improvements Project at a cost of$108,231.2 plus a 10% contingency. CONSIDERATIONS: This project is needed to address residents concerns about cut through and speeding traffic on Wade Street, Sherry A venue, and Edgemon Avenue. Three types of installations are proposed; traffic circles, pavement narrowings and landscaped medians. A combined total of twelve installations are proposed in this project. Bids for this project were opened on June 23, 1999 under Bid # ITB-013-99-KL. The City Clerks summary is attached. The lowest bid was $108,231.20 by A.P.E.C. Inc. of Orlando, which was below the engineer's estimate of$125,000. The project scope of work includes the installation of three medians and two traffic circles on Sherry Avenue; one pavement narrowing, one traffic circle, and one median on Wade Street; and two medians and two traffic circles on Edgemon A venue. Each installation includes landscaping comprised of crape myrtles, ligustrum, hawthorne, liriope and coontie. Irrigation will be done by City crews. July 12, 1999 Consent Agenda Item B Page 2 The Capital Projects Coordinatorrecommendation is also attached as well as the details of the different types of traffic calming devices to be installed. FUNDING: The bid cost of$108,231.20 is less than the engineer's estimate of$125,000. The funds for this project will be from the $300,000 designated in the Improvement Refunding Revenue Bond Series 1999. Funds will be expended within 120 days of issuance of the Notice to Proceed. RECOMMENDATION: It is recommended that authorization be granted to enter into a contractual agreement with A.P .E.C. Inc. for the Traffic Calming Improvements Project at a cost of $1 08,231.2 plus a 10% contingency payable from the Improvement Refunding Revenue Bond Series 1999. IMPLEMENTATION SCHEDULE: The scope of work will be completed within 90 days of issuance of the Notice to Proceed. The construction will be occurring during normal working hours. Temporary traffic detours maybe required which will be coordinated with Public safety personnel. ATT ACHMENTS: 1. City Clerk Summary - Bid #ITB-013-99-KL 2. Proposal and Agreement 3. Capital Project Coordinator Recommendation 4. Traffic Calming Details COMMISSION ACTION: A TT ACHMENT NO. 1 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 TRAFFIC CALMING IMPROVEMENTS BID NUMBER: ITB-013-99/KL BID OPENING DATE: June 23,1999 The Bid Opening Was Called By: Ms. Nancy Vobornik Purchasing Department Bid Opened: Bid Closed: 3:01 p.m, 3:03 p.m. Two(2) Bids Received: 1. CATHCART CONTRACTING COMPANY 1757 WEST BROADWAY STREET, SUITE 3, OVIEDO, FLORIDA 32765 TELEPHONE: (407) 366-1022 FACSIMILE: (407) 977-8349 BASE BID: $326,900.00 2. A.P.E.e. INC. 7819 THICKER LANE, ORLANDO, FLORIDA 32819 TELEPHONE: (407) 522-0530 BASE BID: $108,231.20 One (1) No Bid Received: 1. LINEAR DYNAMICS INC. 79 MONTGOMERY STREET, MONTGOMERY, PENNSYLVANIA 17752 TELEPHONE: (570) 547-1621 F CSIMILjL(570) 547-1629 Copy: Mr. Kipton D. Lockcuff, P,E" Director, Public Works/Utility Department Ms. Nancy Vobornik, Purchasing Department DOCSlbids/rcsulls/ry9899/99-0 13.doc A TT ACHMENT NO. 2 SECTION 00500 AGREEMENT THIS AGREEMENT MADE THIS DAY OF , 199_ 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 A.P.E.C..Inc. of Orlando./. 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, for the construction of the Traffic Calming Devices. 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 10 calendar 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. 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 recognize 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 3 for substantial completion has expired until the work is finally complete and the Substantial Completion Certificate has been issued and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of One Hundred Eiqht Thousand Three Hundred Twenty One and 20/00 Dollars ($ 108.231.20 ). 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 the City or their authorized representative, 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 prompts 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 up to 10% of the Contract Price throughout the project. The Owner shall release 50%of the amount witheld upon issuance of the Substantial Completion Certificate. The remaining 50% of the amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. 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 but 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 ARCHITECT 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 George F. Edwards, Capital Projects Coordinator, 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 Proaress 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 Work Site for Inspections. The OWNER shall be given free access to the works site 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. 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 Stoppaae 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 CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Resoonsibility for Suoervision 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. Discioline and Emoloyment. 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. FurnishinQ 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 undertake 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. MEDIATION/VENUE - 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 equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 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: Name: Address and Telephone: Owner: City of Winter Springs By: Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 A TT ACHMENT NO. 3 MEMORANDUM FROM: ( Kip lockcuff, P.E. U Utilities Director . ,.1 George F. Edwards ~ h A Capital Projects Coordinator ~V to Preliminary Bid Analysis, Bid # ITB"()13-99-KL TRAFFIC CALMING IMPROVEMENTS TO: RE: DATE: 24 June, 1999 On Wednesday, June 23,1999, the City of Winter Springs received bids for the construction of traffic calming devices at various locations in the Western portion of the City. Copies of the bids were supplied to my office for review. EVALUATION OF RESPONSIVENESS The low bidder, APEC,lnc (American Persian Engineers and Constructors) did not provide a Florida Trench Safety Act Statement; however, this requirement may be waived as there are no trenches to be constructed or protected under this contract. Otherwise the required bid forms were complete and the bid may be considered responsive. EVALUATION QF RESPONSIBILITY The low bidder APEC did not provide insurance with its bid, failed to provide the required documentation relative to its financial ability to execute the work and did not provide references. All of these documents are required for the evaluation of responsibility of the contractor and, while normally a part of the bid package, may be submitted after opening of the bids but before the award of the contract. The following is a summary of the two bids received. Both bids met the criteria for responsiveness. Contractor Base Bid Price Cathcart Construction Co. $326,900.00 AP.E.C. $108,231.20 The Engineer provided the City with a budget estimate of $125,000.00. An attached bid tabulation is provided for your review. EPEC,lnc. has not performed previous work for the City, therefore a review of all facets of bidder responsibility must be addressed prior to awarding the contract to this bidder. No references for the evaluation of previous work 'Were given. FU~DING The bid of $108,231.20 is above the amount approved for this project in the Capital Improvements General Fund. The budgeted amount was $75,000. (; ~;, ~ r", / Rono'ft'Bl and Roplaoomant Fund BUDGET BID $108,231.20 $75,000.00 RECOMMENDATION: If the additional funds necessary to construct this project are authorized, it is recommended that the City notify APEC,lnc. that it is the apparent low bidder on this contract and request that all necessary information to prove bidder responsibility be supplied immediately. We should review, in detail, the contractor's proof of its ability to enter into a contract agreement to perform the work under this contract and to provide the necessary insurance. This must be done prior to the award of the contract. A TT ACHMENT NO. 4 LANDSCAPED MEDIAN 2' TYPE . A. CURB AND GUTTER (TYPICAL) 8. THICK TEXTURED STAMPED CONCRETE ----.-- PROVIDE 2" PVC CASING FOR IRRIGA nON l EX,ISTING GRADE ( TYPICAL) ..- -. .... --- ~_.~~... .' 7' I ' ~ PROVIDE 2" PVC CASING FOR IRRIGA TION 4' 7' 8' 8' 8' 24' EXISTING PAVEMENT AND CURBING EXISTING 20' * nPE "A" CURB AND GUrrER N i!: o ~ Cl z 1= III X w :r <..> I- < 2 I I" . " I ", "., "., I ' , -L,'..<..,.:.,.-;-"....... 1 . . ". ,... I f I' N LANDSCAPED MEDIAN EXISTING CURB AND GUTTER (TYPICAL) SECTION/ELEVATION ," A-A" SCALE: '"=5' LIMITS OF PAVEMENT WIDENING 23' 20'* EXISTING ~A PAINT NOSING WHITE (TYP.) MA TCH EXISTING CURB AND GUTTER TYPE Co . I . I I I "-:-'-:-'---t I I . I I MA TCH EXISTING FLOI'.\.INE ELEVA TIONS AT BOTH ENDS (TYPICAL) . Co . L.A 8" THICK TEXTURED STAMPED CONCRETE (COBBLE STONE PArrERN) COLORED THROUGHDU' COLOR TO BE SELECTED BY OWNER PROVIDE 2" PVC CASING FOR IRRIGATION PLAN SCALE: 1"=10' DETAIL W AW - TYPICAL LANDSCAPE MEDIAN *NOTE: SOME MODIFICATION MAY BE REQUIRED TO TI-iESE LENGTHS IN ORDER TO FIT BETWEEN EXISTING DRI\lEWA YS. -:.: ...:"............ . . EXISTING PAVEMENT \ . ---~." .. ._-.-_. ....--..\..-. PROVlDE 2- PVC CASING FOR IRRIGATION 8" THICK TEXTURED STAMPED CONCRETE r EXISTING PAvEt~ENT ..~~ -.. .. ...... .-. .... -... . .. ~." J 12.50' 40' ELEV A TlON SCALE: 1-:10' LIMITS OF PAVEMENT NARROWING EXISTING 12.50' N 12.. i!: o ~ c.:> z 1= VI X w 1 I 1 1 .1 ----- I I I I. I U t- <( :::!: N 5: 1 TAPER (TYPICAL) 15' 12.50' -I II. II II II II ---'Lio \I - \I II '11 \I II I I I 1 ---- - .~_.- I 1 . I I \~I 10" COMPACTED SUB-GRADE TO 987. EXISTING MA TCH EXISTING CURB AND GUTTER TYPE TRANsmON FROM MIAMI TO STANDARD CURB AND GUTTER Wl-tERE REOUIRED MA TCH EXISTING FLOWliNE ELEVA TlONS AT BOTH ENDS (TYPICAL) u -~. EXISTlN~ CURB AND GUTTER (TYPICAL) 8" THICK TEXTURED STAMPED CONCRETE (COBBLE STONE PATTERN) COLORED THROUGHOUT COLOR TO BE SELELCTED BY OWNER NOTE: SECTlON SHALL BE SYMETRICAL ALONG CENTER LINE PROVlOE 2" PVC CASING fOR IRRIGA nON PLAN SCALE: '":10' DETAIL wSw - TYPICAL NARROWING DETAIL 6" I-i ~[ 3/4- BEvEL SURF ACE M A TERI AL /~ BASE COURSE ISTING PAVEMENT\ \ 2' TYPE . A" CURB AND GUTTER (TYP.) LANDSCAPED MEDIAN 8" THICK TEXTURED STAMPED CONCRETE ( .L ~:~~ 12' 10" COM SUB-GR EXISTING 32' 16' 32' EXlSTI~ ELEV A lION SCALE: 1"=5' 32' !! l I' , ./ , I 16' DIA. ; II I. i " . \\ 32' MAINTAIN EXISTING /':j!.' DROP CURB AT //, EDGEMON/SHEPARD ONL Y ~/;',.- ,. /.. MATCH EXIST. '/_ _ - - - -- RADIUS . . w C 'N '0 c.:> Z 1= Vl X w I I I I 1- ____ - .--0- I I I I .j 1 "", I " /. .' ,.' '1 . . . . .....- ...... '.' . '.''4 '. .' "1 ^' ,,:.:<~:>.::":~': MA' Elf EN! I I- o ~ I () I- 0<: ~ .:~\ ~ 8" THICK TEXTURED STAMPED CONCRETE (COBLE STONE PATTERN) COLORED THROUGHOUT COLOR TO BE SELECTED BY OWNER TYPE "A" CURB AND GUTTER \ \ LANDSCAPED MEDIAN \..- RIBBON CURB ON SHEPARD/EDGEMON SEE RIBBON CURB DETAIL THIS SHEET PLAN SCALE: 1"=10' DETAIL wC. - TYPICAL TRAFFIC CIRCLE/LANDSCAPE ISLAND SECTION 00500 AGREEMENT THIS AGREEMENT MADE THIS 2g~-`' DAY OF 199.9between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Winte Spri gs, Florida 32708, Seminole County,State of Florida, herein referred to as OWNER and A.P.E.C..Inc. of Orlando 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, for the construction of the Traffic Calming Devices. 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 10 calendar 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. 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 recognize 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 3 for substantial completion has expired until the work is finally complete and the Substantial Completion Certificate has been issued and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE, LUMP SUM CONTRACT -The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of One Hundred Eiaht Thousand Three Hundred Twenty One and 20/00 Dollars ($ 108.231.20 ). 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 the City or their authorized representative, 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 prompts 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 up to 10% of the Contract Price throughout the project. The Owner shall release 50%of the amount witheld upon issuance of the Substantial Completion Certificate. The remaining 50% of the amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. 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 but 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 ARCHITECT 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 George F. Edwards, Capital Projects Coordinator, 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. ODIn10nS, and Progress Reuorts. 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 Work Site for Inspections. The OWNER shall be given free access to the works site 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. 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. Refection and Stoppage 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 CONTRACTOR - 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 Emolovment. 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. Furnishing 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 undertake 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. il. MEDIATION/VENUE -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 equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 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: ~. ~ • C , ~, ~~ _~ Name: '~ ~ ~ ~~ !~'- C ~~~ ~~ ~ , Address and Te~ephone: 1 ~ 1 ~~~c~~, ~~ . Owner: Cit of Winter S~~i s ~i~ Ronald W. hicLemore City Manager 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800