Loading...
HomeMy WebLinkAbout2002 01 14 Consent Item B Signalization Improvements COMMISSION AGENDA ITEM B CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR January 14,2002 'Meeting MGR ~EPT /fr , Authorization REQUEST: Public Works Department Requesting Authorization to enter into a Contractual Agreement for construction of the Signalization Improvements at State Road 434 and Vista willa Drive. PURPOSE: The purpose ofthis Board item is to request authorization to enter into a contractual agreement with Chinchor Electric, Inc. of Orange City for the construction of a traffic signalization system at the intersection of State Road 434 and Vistawilla Drive at a cost of$108,581.96 plus a 10% contingency. CONSIDERA nONS: This project is needed to provide for traffic control and safety at the intersection of State Road 434 and Vistawilla Drive. The City Commission authorized PEC, Inc. to design the signalization improvements for this intersection on March 26, 2001. Bids for this project were opened on December 5,2001 under Bid # ITB-004-02/GE. The City Clerks summary is attached. The low bidder was Chinchor Electric, Inc. of Orange City, Florida, with an adjusted bid of$108,581.96. There was a slight bid tabulation error which resulted in the difference from the Clerk's listed bid of$108,395.96. The engineer's estimate of construction cost was $140,000.00. The project scope of work includes all labor, equipment, and materials for the installation of a complete traffic signalization system built to the decorative mast arm standard. January 14,2002 Consent Agenda Item B Page 2 All permits have been received. The Capital Projects Coordinator recommendation is attached along with the engineer's recommendation and agreement form. FUNDING: The proposed contract amount of$108,581.96 can be funded from the Transportation Impact Fee Capital Improvement line code which has sufficient funds. The funds will be spent over the next '150 days. RECOMMENDA TION: It is recommended that authorization be granted to enter into a contractual Agreement with Chinchor Electric, Inc. for the construction of a signalization system improvement at the intersection of State Road 434 and Vistawilla Drive.at a cost of $108,581.96 plus a 10% contingency which is payable from the Transportation Impact Fee Capital Improvement line code (140-56310). IMPLEMENTATION SCHEDULE: The scope of work will be completed within 150 days of issuance of the NTP. ATTACHMENTS: 1. Capital Project Coordinator recommendation 2. City Clerk Summary - Bid #ITB-004-02/GE 3. Proposal and Agreement COMMISSION ACTION: A TT ACHMENT NO. 1 MEMORANDUM TO: Kip Lockcuff, P.E. Utilities/Public Works Director FROM: George F. Edwards, P.E. Capital Projects Coordinator RE: Bid Analysis, Bid # ITB-004-02/GE Intersection Siqnalization Improvements State Road 434 and Vistawilla Drive DATE: January 2, 2002 On Wednesday, December 5, 2001, the City of Winter Springs received three bids for the construction of the Intersection Signalization Improvements at State Road 434 and Vistawilla Drive. The bids received were priced as follows: Company Bid Chinchor Electric, Inc. United Signs and Signals, Inc. $108,581.96* $149,208.80 $153,624.70 Control Specialists Company The Engineer's estimate of probable construction cost of the project was $140,000.00. EVALUATION OF RESPONSIVENESS The low bidder, Chinch or Electric, Inc. provided all required documentation to establish bidder responsibility. A minor irregularity in the bid form was brought to the attention of the City Attorney and approval was received to proceed with the bid evaluation. The bid may be considered responsive. * Corrected Total Vistawilla Sig}lal-Bid Analysis/Rcconum:ndation EVALUATION OF RESPONSIBILITY The references supplied by Chinchor Electric, Inc. were verified. After review of the references, the Engineer, Professional Engineering Consultants, Inc. recommended that the contract be awarded to Chinchor Electric, Inc. FUNDING The low bid is $108,581.96. The funding source is the Transportation Impact Fee. RECOMMENDATION In my opinion, an award of the Intersection Signalization Improvements at State Road 434 and Vistawilla Drive project to Chinchor Electric, Inc. is in the best interest of the City. IMPLEMENTATION SCHEDULE The scope of work will be completed within 150 calendar days of the Notice to Proceed. Attachments: 1) City Clerk's Bid Summary 2) Engineer's Recommendation 3) Draft Contract Vi,1.awilla Signal-Bid Analysis/Rcwmmcndation ( ( PEe . . PROFESSIONAL ENGINEERING CONSUL TANTS, INC. December II, 200 I 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 Vistawilla Drive RE: R'ecommendation of Award Dear Mr. Edwards: On Wednesday, December 5, 2001, the City of Winter Springs received sealed construction bids for the above referenced project from three (3) contractors. Evaluation of bids received indicates Chinchor Electric, Inc. as the apparent low bidder with a corrected total bid price of $1 08,581.96. The second apparent low bidder is United Signs & Signals, Inc. with a total bid price of$149,208.80 and the third apparent low bidder is Control Specialists Company with a total bid price of $153,624.70. PEC's review as to completeness and proper execution of bid proposals of the three (3) bidders noted the following irregularities: (1) Chinchor Electric, Inc. submitted Bid Form with Secretary signature only, and (2) Regarding the Chinchor Electric, Inc.'s Bid, a multiplication error was discovered in their Bid Form, Bid Item 2, 620-1-1, Grounding Electrode (F&I). The total item cost is shown as $976.50. The revised total item cost considering unit cost given as correct yields a value of $1,162.50. Also, the Bid Form requires that statement concerning compliance with the Florida Trench Safety Act be attached. Typically such statement is provided as a separate document for execution in the Bid Package. No such separate document was included in Chinchor Electric, Inc.'s Bid Package for this project. As this project will likely require no trenching that would require Contractor personnel entrance, such statement could be considered a minor irregularity by the City. PEC 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, each of the three (3) bidders appear to possess the manpower and equipment necessary to perform the classes of work contemplated within the time specified. We have contacted references listed for each bidder and all performed satisfactorily on their past projects and have completed past projects within contract times. ! .ln~/lfIe(:rs UJ;/f1fl:!(.C; "EIJ(Jilleeril/r; Our COlllllllllli!'/ .;U:~''':;'Of.'; <: L:!c,! HobilLor, .';iU!(!, . Suite 1560 . Orlando. f:lorich 32fJO 1 . :!fJ7":22.(;)':;.? . F iI>: .:C;i' 3<).940! c (- " Mr. George Edwards, AICP December 11, 200 I Page 2 As described above, certain bid irregularities have been noted by PEC's review of contractor bid proposals. If the City so agrees and if the City elects to waive such irregularities, then based on our review of the qualifications submittals from each of the three (3) bidder, it appears that Chinchor Electric, Inc. is the low responsible responsive bidder at the corrected bid total amount of $108,581.96. We recommend that the above described bid irregularities be reviewed by the City's Attorney prior to the City's decision on this bid award. I f you have any further questions, please do not hesitate to contact me at (407) 422-8062. Sincerely, L T ANTS, INC. obert P. Rudd, P.E. Construction Manager RPR/jz cc: Fursan S. Munjed, P.E. - PEC File: WS-001-2.0 A TT ACHMENT NO. 2 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 E-mail: contactus @winterspringsfLorg BID NUMBER: ITB-004-02/GE INTERSECTION SIGNALIZA TION IMPROVEMENTS STATE ROAD 434 AND JlISTAWILLA DRIVE BID CLOSING: DECEMBER 5, 2001 Bid Closing Was Called By: Nancy Vobornik, Purchasing Coordinator Bid Opened: Bid Closed: 3: 01 p.m. 3: 05 p.m. Witnesses: George Edwards, AICP, Capital Projects Coordinator Holly Pierstorff, Assistant To The City Clerk Three (3) Bids Received: l. CHINCHOR ELECTRIC, INC. AGENT: JEFF SOLTIS, P.O. BOX 4311, ENTERPRISE, FLORIDA 32725-4311 TELEPHONE: NOT PROVIDED BID AMOUNT: $108,395.96 2. UNITED SIGNS & SIGNALS, INC. AGENT: CHARLES WALLACE, VICE PRESIDENT, 28248 COUNTY ROAD 561, TAVARES, FLORIDA 32778 TELEPHONE: (352) 742-1904 FASIMILlE: (352) 742-9161 BID AMOUNT: $149,208.80 3. CONTROL SPECIALISTS COMPANY AGENT: MICHAEL MATZEN, VICE PRESIDENT, 707 NICOLET A VENUE, SUITE 100, WINTER PARK, FLORIDA 32789 TELEPHONE: (407) 628-1965 FASIMILlE (407) 628-1932 BID AMOUNT: $153,624.70 Holly Pierst ( : Assistant To The City of Wil I' Springs Copy: Mr. Kip Lockcuff, Director, Public Works Department Ms. Nancy Vobornik, Purchasing Department l)ocsIWllrdlllll)S\I{ I:SlJl.TSIFyO I 0211'1'11-004-02 GE.doc A TT ACHMENT NO. 3 SECTION 00500 - 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 Chinchor 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 Vistawilla 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 ana shall complete the work within III 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 eiqht thousand five hundred eiQhty one dollars and ninety six cents ($108.581.96). 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) I n 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 perfonned, 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 rem,ain 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 perfonnance of these duties George F. Edwards, P.E. 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 tenn 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 perfonn the 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 perfonn 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 confonn to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will detennine 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 tenns 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 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 perfonn 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 seNices 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. MEDIATIONNENUE - 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. Signed, Sealed and Delivered in the presence of: CONTRACTOR: Name Address and Telephone Date OWNER: CITY OF WINTER SPRINGS By: Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 Witness: (Print Name) <, 4 . SECTION 00500 FORM OF AGREEMENT THIS AGREEMENT made this 3() lit day of , 2002 between the CITY OF WINTER SPRINGS of 1126 East State Road 4 ,Winter S rings, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and Chinchor 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 Vistawilla 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. L1aUIDATED 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 eiaht thousand five hundred eiahtv one dollars and ninety six cents ($108.581.96). 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 George F. Edwards, P.E. 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 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. MEDIATIONNENUE - 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. f. ' . ,. Signed, Sealed and Delivered :J J:<......~ 1?7. d-4..P N e q]J J'J.d("k' J/\/I/O Oft:.""f! 0-1-; Ire ?J.)(.? (Jf6 \ 77'f-(o.lo Address and Telephone Date 'J-'J.. J4 ~ <>;l.... " , . . \ 1,/, I ..,. ' I I '. \ . ' ' , . CITY F ~INJEA SPR;INGS '. .'V~ By: Rona~d W. Mctemore f . '.j . , ',City Manager-.-." . t" . 1126 East 'State Road 434 Winter Springs, FL. 32708 407-327-1800 (' 'tn.~s:t C-l~l (Print Name~~. ~:z:.:; n G~ .::..c') END OF SECTION OWNER: