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Home My WebLink About2002 07 08 Consent G Tarcaso Park Expansion COMMISSION AGENDA ITEM G CONSENT X INFORMA TIONAL PUBLIC HEARING REGULAR July 8, 2002 Meeting () ~. Q MGR/V'" /DEPT ~v . Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to award the bid for the Torcaso Park Expansion as per Bid #ITB-013-02/CP to the lowest and best bidder Harbco Construction, Inc, and to provide the City Manager the authority to enter into a contract with Harbco, and to provide a notice to proceed to construction, PURPOSE: The P4rpose of this item is to gain Commission approval necessary to proceed to construction with the Torcaso Park Expansion, CONSIDERA TIONS: . On August 13,2001, the City Commission approved execution of an Inter-Local Agreement "Community Development Block Grant Program", which provides re-imbursement up to $ 485,000.00 from Seminole County for parking, football/soccer field, splash playground, sidewalk, A&E Design, etc. . On December 10, 2001, the City Commission was informed of the preliminary site, plan, schedule and budget. . On January 14,2001, the City Commission was informed ofa design change to an 80-yard practice football/soccer field. . On June 19, 2002, 5 bids were received by the bid closing as follows: ALTERNATIVE AL TERNA TIVE CONTRACTOR BASE BID BID 1 BID 2 HARBCO CONSTRUCTION CO. $ 438,920.00 $ 71,131.00 $ 3,101.40 HUNTER-NELSON, lNC, $ 479,900,00 $ 72,18R,84 $ 7,170.78 STRlCKLAND CONSTRUCTION SERVICE CORl). $ 522,637,00 $ 82,668,00 $ 18,516.00 PRIME CONSTRUCTION GROUP $ 566,776,50 $ 84,737,00 $ 14,770.00 CATHCART CONSTRUCTION CO, $ 696,767.09 $108,036.66 $ 3,778.06 . CPR, Parks and Recreation and Public Works Staff recommends this award to Rarbco Construction Company for the base bid in the amount of$ 438,920.00. Alternative Bid 1 is for parking and entry/exit improvements behind the Police Station, Stormwater Improvements and additional park parking to be funded in the amount of $71 ,131,00. Alternative Bid 2 at a cost of $3,101.40 was an alternative storm water piping plan which reduces the cost of Alternative 1 by $20,835,90. . Approximately $100,000 of the project is related to stormwater piping and ditch improvements. Consent Agenda Item G July 8, 2002 Page 2 EXPENSES Preconstruction Bury Utility Lines Base Bid 5% Contingency Alternate Bid #1 Alternate Bid #2 Construction Admin. TOTAL $50,633.59 $15,000.00 $438,620.00 $21,946.00 $50,295.10 $3,101.40 $5,000.00 $584,596.09 REVENUES CDBG Funds Stormwater Utility $485,000.00 $99.596.09 TOTAL $584,596.09 . Construction administration will be a coordinated effort with CPR, Public Works, Capital Project Coordinator, City Engineer/Stormwater and the Parks and Recreation Staff. . This project is on a very tight time frame and must be completed and billed for reimbursement to Seminole County before December, 2002. FUNDING: The funding sources for this project will be $485,000 from the Community Development Block Grant and $99,596.09 from the Stormwater Utility Fund. Approximately $20,000 of the stormwater expenses will occur in the current fiscal year with the remainder in FY 200212003. RECOMMENDATION: Parks and Recreation recommends that the City Commission authorize the City Manager to enter into a contract with Harbco Construction, Inc. for $492,316.50 including Alternative Bids #1 and #2 plus 5% contingency payable from CDBG Grant funds and Stormwater Capital Improvement Funds. IMPLEMENTATION SCHEDULE: July 10,2002 July 22, 2002 Nov. 2002 ATTACHMENTS: Attachment # 1 Attachment #2 Attachment #3 Attachment #4 Execute Contract. Anticipate construction to begin. Completion Date Bid Award Opinion Letter. Bid ITB013-02/CP Summary Agreement Form Torcaso Park Expansion Plan COMMISSION ACTION: ATTACHMENT III @ft2[J] June 24, 2002 CPH Engineers, Inc. 1117 East Robinson Street Suite C Orlando, Florida 32801 Phone: 407-425-0452 Fax: 407-648-1036 www.cphengineers.com Mr. Chuck Pula Parks and Recreation City of Winter Springs 1126 East State Road 434 Winter Springs, FL. 32708 Via FAX & MAIL R=: Tor-coso Park: Expansion CPH Project No. W04109 Dear Mr. Pula: We reviewed the bids received for the above referenced project. Based on this review and telephone conversation with references provided by the Contractor for similar projects, we recommend award of the Base Bid to Harbco Construction, Inc. in the amount of $438, 920.00, if in all other ways the City considers this bid responsive. The contract amount is within the Engineer's Estimate of the Construction Budget. If you have any additional comments or questions, please advise. Sincerely, CPH ENGINEERS, INC. ~1L.~c.{!E James N. Hunter, P.E. ~ Senior Vice President J:\w04109\WD\BID RECOMMENDATION L TR.DOC SANFORD . ORLANDO . DELAND . PALM CITY . CAPE CORAL . JACKSONVILLE . PALM COAST . PUERTO RICO Attachment NO.2 BID NUMBER: ITB 013-02/CP TORCASO PARK EXPANSION BID CLOSING: JUNE 19,2002 Bid Closing Was Called By: Nancy Vobomik, Purchasing Coordinator Bid Opened: Bid Closed: 3 :00 p,m, 3:10 p.m, Witnesses: Chuck Pula, Parks and Recreation Department Director Holly Pierstorfi: Assistant To The City Clerk Five (5) Bids Received: 1. STRICKLAND CONSTRUCTION SERVICES CORPORATION AGENT: LARRY M. STRICKLAND, PRESIDENT, 341 NORTH MAITLAND A VENUE, SUITE 260, MAITLAND, FLORIDA 32751 TELEPHONE: (407) 647-7715 FASCIMILIE: (407) 647-4255 BID AMOUNT: $522,637,00/ $82,668,00/ $18,516.00 2. CATHCART CONTRACTING COMPANY AGENT: JOHN T. CATHCART, PRESIDENT, 1757 WEST BROADWAY STREET # 3, OVIEDO, FLORIDA 32765 TELEPHONE: (407) 366-1022 FASCIMILIE: (407) 977-8349 BID AMOUNT: $696,767.09/ $108,036.66/ $3,778.06 3. HARDCO CONSTRUCTION, INe. AGENT: A. TOM HARB,PRESIDENT, 3700 34TH STREET, ORLANDO, FLORIDA 32805 TELEPHONE: (407) 422-4272 FASCIMLLIE: (407) 422-9664 BID AMOUNT: $438,920.00/ $71,13 1.00 / $3,101.40 4. PRIME CONSTRUCTION GROUP, INC. AGENT: REYNOLDS e. HOLIMAN, VICE PRESIDENT, 1000 JETSTREAM DRIVE, ORLANDO, FLORIDA 32824 TELEPHONE: (407) 856-8180 x 224 F ASClMILlE: (407) 856-8182 BID AMOUNT: $566,776.50/ $84,737.00 / $14,770.00 5. HUNTER - NELSON, INC. AGENT: JEFFREY D. HUNTER, PRESIDENT, 1913 EAST COLONIAL DRIVE, ORLANDO, FLORIDA 32803 TELEPHONE: (407) 898-1687 FASClMILlE: (407) 894-7405 BID AMOUNT: $479,900,00/ $72,188,84/ $7,170.78 6. ARISTOCRAT BUILDERS INC. (RECEIVED AFTER BID CLOSING.) Holly Pierstorfi: Assistant To The City Clerk Cily of Winter Springs Copy: Mr, Chuck Pula, Parks and Recreation Department Director Ms. Nancy Vobomik, Purchasing Department S:\dcpt - City Clerk\Docs\ Word\BIDS\RESULTS\FyO 102\1TB-0 13-02 CP,doc Attachment No, 3 AGREEMENT FORM 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 HARBCO CONSTRUCTION. 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, at Winter Springs, FL. 32708 for TORCASO PARK EXPANSION at City of Winter Springs, City Hall, 1126 East S. R. 434 Winter Springs, FL. 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 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 $500.00 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 ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Dollars ($ ). 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. 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. 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 Charles Pula 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 Progress 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. 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. 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. Fumishina 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. 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 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: Harbco Construction, Inc. Name A. Tom Harb, Pres. 3700 34th St. Suite 300 Orlando, FI 32805407-422-4272 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 '!'f,-~. I .~....., In,.tca<C<C'''el /loDA:tiI"OW'lW'lI' r-- '..lI....-r~~n____=oo --....-----.---....... ::~:.~'1l.~~-.. :~:~:-=- ==-~~..=::.~.:a..~- L!-.--=-I~_A.....I..._.. .........-:.-.--...- ....11>>_..._.. ..;t ~ .---..----....--...- _-.. <..uH~.-_______.. __~:.__orn........,., .--........,......--,..-........::11' ____.u_~___..~ _1O_~_",-_ E-i Z W ~ u <t: E-i E-i <:: ~B88LB"AI... ", ~~i , ' . I , , .~, ;:,":i/; .,' &." ~"'ll![:===-'~'-'~~ .~n.~,~J I ponD C/':> = LLJ LLJ = = = LLJ = Cl... <-> ~~~~~ .uu......~... ~1_,::O'.....,oI;,...__..._~_ ---..........__IoIIl4~Y1~ 11--_____ ___.._-.00..... 1IDOV..AoG_...._......- I .~ S:I.~ 1I (~ r i ./ lit.... 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L' .....O:>O'I.Z fQ:l~ cr.... <ex .:-. ...~- "" T_MD...._ ~J1~rI - - '" ...~. ."l'foO CI: Tl'k"7M.a :r:.........,.W1 ....,_.:..., ....~ .. Tt"1",[,lUt _.. ..,- -~~ rR1'Pii'ONr -- ~ ~ ~~ . ~;.. . ~"r'"",r.,li' ~.- IWJ!: ....C ""'__..110M m~ -_P.." ......~ .....:. =-- . IT'II;...... """- 1I_:t:wt_ !lI1~=OI'IIUIl II R"'IiO""7Nf" ~:! .............,r. -.. ~GifII 1-. .. ..LClZIIL 1I00av .... ~J1' ~- r-..",_ .,,"flC'lIII . . CI ~- Ii -.., ,~~ ,~~ ClRAI:iI'/Q, D'lANiI,(E, 'JlUTY 4 AN) P""'<<l. I'UJt AGREEMENT FORM THIS AGREEMENT MADE THIS -d Day of , 20O'.Lbetween the CITY OF WINTER SPRINGS of 1126 East State Road 43 ,Winte Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and HARBCO CONSTRUCTION. 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, at Winter Springs, FL. 32708 for TORCASO PARK EXPANSION at City of Winter Springs, City Hall, 1126 East S.R. 434 Winter Springs, FL. 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 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 suttered 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 $500.00 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 Four Hundred Ninety Two Thousand Three Hundred Sixteen Dollars and Fiftv Cents ($492.316.50). 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. 00520-1 c' 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. 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 Charles Pula 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 00520-2 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. Reiection 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. 1. 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 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. Furnlshina 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 professiona/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 00520-3 " ....... 0::0 , 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 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: '1 n e ,. t+-Q.--( b I P. E . \f-',t.e.. p('e&i~e.n+ 3700 34th St. Suite 300 Orlando, FI 32805 407-422-4272 /) , I . (jMLe )h, J~>,~ Address and Telephone Date OWNER: CITY Of .WINtER SPR.5NGS . '~nJ\~ ./ ,'J?;; , I'.' ~ ' 77.,:',/>' -,-,'" ~~'- -............ /--- By: Ronald W. Mclemore I " " City ~C!Tl~ger 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 00520-4