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HomeMy WebLinkAbout2002 09 23 Consent H Signalization System Improvements ",. COMMISSION AGENDA ITEM H CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR September 23,2002 Meeting MGR {~EPT )/1/ Authorization REQUEST: Public Works Department Requesting Authorization to enter into a Contractual Agreement for construction of the intersection Signalization System . Improvements at State Road 434 and Tuskawilla Road. PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual agreement with Florida Industrial Electric,.Inc~ofLongwood,_Eloridafor_ the- .._ ,,_____ _.___ . '" ,,_ construction of a traffic signalization system at the intersection of State Road 434 and Tuskawilla Road at a cost of $116,629.29 plus a 10% contingency. CONSIDERATIONS: This project is needed to replace the existing concrete strain pole traffic signals with the City's standard mast arm at the intersection of State Road 434 and Tuskawilla Road. Bids for this project were opened on August 14,2002 under Bid # ITB-O1 7-02/GE. The City Clerks summary is attached. The low bidder was Florida Industrial Electric, Inc. ofLongwood, Florida, with an adjusted bid of$116,629.29. The engineer's estimate of construction cost was $150,000.00. The project scope of work includes all labor, equipment, and materials for the installation of a complete traffic signalization system with the decorative mast arms. All permits have been received. The Capital Projects Coordinator recommendation is attached with the engineers recommendation and agreement form ..;i. September 23,2002 Consent Agenda Item H Page 2 FUNDING: The proposed contract amount of$116,629.29 is within budget. Funds are available in the Town Center Road Improvement fund which is funded by the One Cent Sales Tax. The funds will be spent over the next 150 days. RECOMMENDATION: It is recommended that authorization be granted to enter into a contractual Agreement with Florida Industrial Electric, Inc. ofLongwood, Florida for the construction of a traffic signalization system at the intersection of State Road 434 and Tuskawilla Road at a cost of$116,629.29 plus a 10% contingency payable from the Town Center Roads Improvement Fund. IMPLEMENTATlON-SCHEDULE:---------.,. -.-. '_L' -'--"--- -. The scope of work will be completed within 150 days of issuance of the NTP. ATTACHMENTS: 1. Proposal and Agreement 2. City Clerk Summary - Bid #ITB-017-02/GE 3. Capital Project Coordinator recommendation COMMISSION ACTION: ,. Attachment No.1 FORM OF AGREEMENT THIS AGREEMENT made this day of ,2002 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 Florida Industrial Electric, Inc., State of Florida, herein referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows: I. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of the Intersection Improvements State Road 434 and Tuskawilla Drive. 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 days after the issuance of a written Notice to Proceed and shall complete the work within 150 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 $200.00 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 of Ten ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE, UNIT PRICE 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 sixteen thousand six hundred twenty-nine dollars and twenty-nine cents {$116,629.29). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 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. Thirty (30) days after presentation of the Application for Payment to Owner the amount recommended will (subject to the provisions of Article 14 and Article 15 of the Contract General Conditions) become due, and when due will be paid by Owner to Contractor. 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 withheld 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 liens arising out 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 Kipton Lockcuff or his authorized representative 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 Proqress 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 th.e work in accordance with the Contract Documents. c. Access to Worksite for Inspections. 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. 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. Rejection and Stoppaqe 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 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. 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. MEDlATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of thi's Agreement, both parties will participate in 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 Date OWNER: CITY OF WINTER SPRINGS I 'I , ~Htli& By: Ronald \~. Mcl..;emore Gity Manl1ger 1126 East State Road 434 Winter Springs, FL. 32708 407 -327 -1800 vV(tness: / ,- ;\ f ( UL~!I~J~~ {Print Name~~~ lJt~.G.+A Lt~ Attachment No.2 BID NUMBER: ITB-017-02IGE INTERSECTION SIGNALIZATION IMPROVEMENTS STATE ROAD 434 AND TUSKA WILLA ROAD BID CLOSING: AUGUST 14, 2002 Bid Closing Was Called By: Nancy Vobornik, Purchasing Coordinator Bid Opened: Bid Closed: 3:01 p.m. 3:05 p.m. Witnesses: George Edwards, Capital Projects Coordinator, Public Works Department Holly Pierstorff, Assistant To The City Clerk Four (4) Bids Received: 1. FLORIDA INDUSTRIAL ELECTRIC, INe. AGENT: RONALD H. ROTHWELL, VICE PRESIDENT, 811 WILMA STREET, LONGWOOD, FLORIDA 32750 TELEPHONE: (407) 331-1551 FASCIMILE: (407) 331-0444 BID AMOUNT: $116,629.29 2. TRAFFIC CONTROL DEVICES, INe. AGENT: JAMES C. BREEDING, VICE PRESIDENT, 580 WEST FRANKLIN AVENUE, AL T AMONTE SPRINGS, FLORIDA 32714 TELEPHONE: (407) 869-5300 BID AMOUNT: $135,715.00 3. CHINCHOR ELECTRIC, INC. AGENT: JEFF SOLTIS, DIRECTOR OF TRAFFIC SERVICES, 935 SHADICK DRIVE, ORANGE CITY, FLORIDA 32763 TELEPHONE: (386) 774-1020 FASCIMILE: (386) 774-7223 BID AMOUNT: $127,670.95 4. UNITED SIGNS AND SIGNALS AGENT: CHARLES C. WALLACE, VICE PRESIDENT, 28248 COUNTY ROAD 561, TAVARES, FLORIDA 32778 TELEPHONE: NOT PROVIDED BID AMOUNT: $136,705.81 Holly Pierstorff, Assistant To The City Clerk City of Winter Springs Copy: Mr. Kip Lockcu1f, Director, Public Works Department Ms. Nancy Vobornik, Purchasing Department Docs\ Word\BIDS\RESULTS\FyO I 02\ITB-O 17-02 GE.doc Attachment NO.3 MEMORANDUM TO: Kip Lockcuff, P.E. Utilities/Public Works Director FROM: George F. Edwards, P. E. Capital Projects Coordinator RE: Bid Analysis, Bid # ITB-017-02IGE Intersection Siqnalization Improvements State Road 434 and Tuskawilla Road DATE: September 9, 2002 On Wednesday, August 14, 2002, the City of Winter Springs received four bids for the construction of the Intersection Signalization Improvements at State Road 434 and Tuskawilla Road. The bids received were priced as follows: Company Florida Industrial Electric, Inc Traffice Control Devices, Inc. Chichor Electric, Inc. United Signs and Signals Bid $116,629.29 $135,715.00 $127,670.95 $136,705.81 The Engineer's estimate of probable construction cost of the project was $150,000.00. The amount budgeted was $150,000.00. EVALUATION OF RESPONSIVENESS The low bidder, Florida Industrial Electric, Inc. provided all required documentation to establish bidder responsibility. The bid may be considered responsive. EVALUATION OF RESPONSIBILITY The references supplied by Florida Industrial Electric, Inc. were verified. After review of the references, the Engineer, Professional Engineering Consultants, Inc. recommended that the contract be awarded to Florida Industrial Electric, Inc. RECOMMENDATION In my opinion, an award of the Intersection Signalization Improvements at State Road 434 and Tuskawilla Road project to Florida Industrial Electric, Inc. is in the best interest of the City. Attachments: 1) City Clerk's Bid Summary 2) Engineer's Recommendation 3) Draft Contract PEe PROFESSIONAL ENGINEERING CONSUL TANTS, INC. August 27, 2002 WS-003 2-1.0 Mr. George Edwards, P.E. Capital Projects Coordinator City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708-2799 SUBJECT: Intersection Signalization Improvements - State Road 434 at Tuskawilla Road RE: Recommendation of A ward Dear Mr. Edwards: On Wednesday, August 14,2002, the City of Winter Springs received sealed construction bids for the above referenced project from four (4) contractors. Evaluation of bids received indicates Florida Industrial Electric, Inc. as the apparent low bidder with a total bid price of$116,629.29. The second apparent low bidder is Chinchor Electric, Inc. with a total bid price of$127,670.95 and the third apparent low bidder is Traffic Control Devices, Inc. with a total bid price of$135,715.00. PEC's review as to completeness and proper execution of the bid proposal from the apparent low bidder noted no irregularities. PEe has received copy of the Bid Form and attachments only. From these copies, PEC cannot determine whether required seals have been affixed. The City needs to confirm that all required seals have been affixed Based upon information presented, the apparent low bidder appears to possess the manpower and equipment necessary to perform the classes of work contemplated within the time specified. We have contacted references listed for the apparent low bidder and this contractor performed satisfactorily on past projects and has completed past projects within contract times. Based on our review of the qualifications submittals from each of the bidders, it appears that Florida Industrial Electric, Inc. is the low responsible responsive bidder at the bid total arnountof$116,629.29. We recommend that the City review the bids for any irregularities prior to the City's decision on this bid award. If you have any further questions, please do not hesitate to contact me at (407) 422-8062. Sincerely, PROFESSIONAL ENGINEERING CONSULTANTS, INC. ~~J~/f Fursan S. Munjed, P.E. Project Manager G:lclcrical\H1GHW A Y\PEC\Ws.{)O)1O 17g.ltr engineers nlanners <;urveyors Attachment cc: Robert P. Rudd, P.E. - PEC "Engineering Our Community" 200 East Robinson Street. Suite 1560 . Orlando. Florida 32801 .407/422-8062. FAX 407/849-9401 ~ NOTICE OF AWARD TO: Ronald H. Rothwell, Vice President Florida Industrial Electric, Inc. 811 Wilma Street Longwood, Florida 32750 PROJECT DESCRIPTION: INTERSECTION SIGNALIZATION IMPROVEMENTS: STATE ROAD 434 AND TUSKAWILLA ROAD, Proiect # ITB-017-02/GE The OWNER has considered the BID submitted by Florida Industrial Electric, Inc. for the above-described WORK in response to the Advertisement for Bids dated July 21,2002, and information for Bidders. You are hereby notified that your BID in the amount of $116.629.29 for BID items contained in the Bid Schedule has been accepted. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond, Payment Bond and certificates of insurance within ten (10) calendar days from the date of this Notice. If you fail to execute said Agreement and to furnish said Bonds within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all rights arising out of the Owner's acceptance of your BID as abandoned and your BID BOND shall be forfeited. The OWNER will be entitled to such other rights as may be granted by law. You are required to return three acknowledged copies of this NOTICE OF AWARD to the OWNER. Dated this 2 7.,1l day of ~,{1'11 i.- . 2002 OWNER: By: ~11IU/ ttj1~ Ronald W. .McLemore Title: City Manager . ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by Florida Industri Electric, Inc. this the ~d' day of ~~~~ , 2002. By c-~ rr~;~ Title t..: . \ SECTION 00500 FORM OF AGREEMENT THIS AGREEMENT made this ~ay of {J~/..- ,2002 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 Florida Industrial Electric, Inc., State of 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 Intersection Improvements State Road 434 and Tuskawilla Drive. 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 days after the issuance of a written Notice to Proceed and shall complete the work within 150 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 $200.00 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 of Ten ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. UNIT PRICE 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 sixteen thousand six hundred twentv- nine dollars and twenty-nine cents ($116.629.29). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 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. Thirty (30) days after presentation of the Application for Payment to Owner the amount recommended will (subject to the provisions of Article 14 and Article 15 of the Contract General Conditions) become due, and when due will be paid by Owner to Contractor. ". Progress payments may be withheld if: (A) Work is found defective and not remedied; (6) 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 withheld 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 liens arising out 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; (6) 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 Kipton Lockcuff or his authorized representative 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 Workslte for Inspections. 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. 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. . ""r ;' e. Rejection and StoppaQe 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. Responslbllltv 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. Furnlshlna 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. CONTRACI'OR 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. MEDIATIONlVENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in 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. .. ~, Name ~ / #J,,~/ ~ ~~r/ Address and Telephone Date CITY 0"; WINTER SPRINGS ~V.~ By: '~ona{d.. W. McLemore . Cit~ -Man?ger 1126 EC;lSt State Road 434 Wint~FSprings, FL. 32708 ~.07 -327 -1800 . . CONTRACTOR: C~~ ('__del €;J1Yf~1..k: / P,4/cJlt l- I f/I /4):/,.,.(1, .sJ'i "'~ F'-'>2-1.5lJ 'fCll" 53/"/.5'51 /tJ /3 ~~ . / ' END OF SECTION OWNER: