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1545* Southeast Drilling Services, Inc. P.O. 033258DATE: 01/17/13 PURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 407.688.5020 FACSIMILE: 407.688.5021 VENDOR NO.: 11855 TO: PURCHASE ORDER CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SANFORD, FLORIDA 32772 FLORIDA TAX EXEMPT NO.: 858012621681 C -8 SOUTHEAST DRILLING SERVICES, I 10614 E US HIGHWAY 92 TAMPA, FL 33610 PO NUMBER 033258 SUBMIT INVOICES TO: ACCOUNTS PAYABLE FINANCE DEPT. P.O. BOX 1788 SANFORD, FL32772 SHIP TO: CITY OF SANFORD 300 N. PARK AVENUE SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/13 NET /30 63587 ACCOUNT NO.- 452-4530-536.63-03 PROJECT NO.: DW 110 6 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE I UNIT COST EXTENDED COST 1 HIDDEN LAKES WELL 7 REPLACEMENT 327200.00 NA 1.00 327200.00 SRF DW 590120 SUB TOTAL 327200.00 TOT L 327200.00 APPROVED BY: APPROVED BY: PURCHASIN GENT CITY MAN R ALL PACKAGES AND INVOICES ASSOCIATED WITH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP: //WWW.SANFORDFL.GOVI DEPARTMENTS /PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING Ardaman & Associates, Inc. ENO% Geotechnical, Environmental and Materials Consultants City of Sanford Utility Department P.O. Box 1788 Sanford, FL 32772 -1788 Attention: Mr. Paul R. Moore, P.E., Director Subject: Hidden Lakes Well #7 Replacement — Bid Evaluation Dear Mr. Moore: September 20, 2012 File Number 10- 10 -0406A As requested, Ardaman $ Associates, Inc. (Andaman) Is pleased to provide the City of Sanford a bid evaluation for the Hidden Lakes Well #7 Replacement project. The bids were due September 17, 2012 at 2:00 pm. There were a total of three bids received by the City for this project. All three contractors were determined capable to perform the work based on personal experience with the contractors and the example projects provided. The base bids for the project include items 1 through 23, which involve construction and testing of the well, purchase and installation of a vertical turbine pump and motor, and installation of a fence and gate around the well. The bid tabulation is provided in Table 1. The base bids are as follows: BASE BIDS 1. Southeast Drilling Services Inc. $267,200.00 2. Rowe Drilling Company Inc. $274,150.00 3. All Webbs Enterprises, Inc. $364,750.00 There were additive/deductive items In the contract, which included straddle packer testing, demolition of the existing well house, pulling the existing pump, logging and abandoning the existing well, and installation of limerock gravel during the well abandonment. The additive item bids are as follows: ADDITIVE ITEMS 1. Southeast Drilling Services Inc. $60,000.00 2. Rowe Drilling Company Inc. $80,900,00 3. All Webbs Enterprises, Inc. $47,200.00 The apparent low bidder was Southeast Drilling Services Inc. at $267,200 for the base bid and at $327,200 for base bid plus additive items. The bid from Southeast Drilling Services appears to be mathematically unbalanced with 36% of the total cost of the base bid within the general administration and mobilization of the project (item numbers 1 through 4), but the bid does not appear to be materially unbalanced because the estimated quantities for the contract are good estimates for this type of project. Compared to the other two bids, there are only five items with unit costs higher than the average cost of the other two bidders other than Items 1 thru 4. These Include surface casing, video logging, well development, step drawdown testing, and constant rate discharge testing. The table on the next page compares the unit costs from the three drillers for these items and the average for the unit costs from Rowe and All Webbs for comparison. 8009 S. Orange A,enue 32809. Post Ofte Box 5930o3, Orlando, Florida 32859 -3003 Phone (407) SW.3M FAX(407)859-812f Louisiana: Alexandria, Baton Rouge, Monroe, New Orleane, Shreveport Florida. Bartow. Cocoa, Fart Myers, Mlami, Orlando. Pon St Lucia, Sarasota, Tallahassee, Tampa, West Palm Beach City of Sanford Hidden Lakes Well #7 Replacement File Number 113- 10- 10 -0406A -3- We appreciate the opportunity to submit this bid evaluation and look forward to working with you on this important project. if you have questions or need additional information, please do not hesitate to contact us. Very truly yours, ARDAMAN & ASSOCIATES, INC. WC. S Herbert G. Stangland, Jr., P.E. Senior Water Resource ngineer Florida ' nse No. 16713 Douglas P. esne, P.G. Senior Hydro eologist/Senior oject Manager Florida License No. 1527 Cc: Migdalia Hernandez, PE -- Sanford BidEvaluation.doc DPD:dpd Enclosures WS RM 1 Item No. CITY COMMISSION MEMORANDUM 12.153.0 OCTOBER 8, 2012 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Paul Moore, Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Hidden Lakes Well Field Well #7 Replacement — Bid # IFB 11/12 -17 SYNOPSIS: Award of a bid to Southeast Drilling Services for the replacement of Well #7 in the Hidden Lakes Well Field is requested. FISCAL/STAFFING STATEMENT: The lowest bid was submitted by Southeast Drilling Services at a base bid plus additive items totaling $327,200.00. Funding is available from the FDEP loan/grant. BACKGROUND: City staff has found casing problems with Well #7 in the Hidden Lakes Well Field. This well is over 50 years old and the small casing is failing. The well is too small to be re -cased and maintain adequate flow. With the help of our geo- technical consultant, Ardaman and Associates, it was determined that the best course of action is to replace this well with a larger, deeper well. This larger well will better manage the flows at the Auxiliary Water Plant. LEGAL REVIEW: N/A RECOMMENDATION: It is the recommendation of the staff and our consultant to award the bid to the lowest bidder, Southeast Drilling Services, for the base amount plus additive items at a cost of $327,200.00. SUGGESTED MOTION: "I move to award bid #IFB 11112 -17 to Southeast Drilling Services in the amount of $327,200.00." Attachment: Bid Tabulation CERTIFICATE OF LIABILITY INSURANCE I eATI! " MIDONY ' 11/06!2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holderin lieu of such andorsement(s). PRODUCER Phone: (813)988 -1234 Fax (813)958.0989 = 4 c T Tracy ASSOCIATES AGENCY, INC. PF1O 813 988.1234 Ax 813 988.0989 PO BOX 16180 "A � 11470 N. 53RD ST. traoy@associatoslns.com 1958 TEMPLE TERRACE FL 33687 PR00f1�" AOerley Lick R001780 INSUREFIfft AFFORDING COVERAGE INSURED SOUTHEAST DRILLING SERVICES INC. P.O. BOX 274045 TAMPA FL 33688 COVERAGES CERTIFICATE NUM BER: 262011 WSURERA , OWNERS INSURANCE CO. 32700 waffE is : AUTO OWNERS INSURANCE CO. 18988 wsuFmc : Meadowbrook Insurance Co. INSURERE : REVISION NUMBER: Inw Iw 1UL;r-KIIhY 7tiATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, INSR TYPE OF INSURANCE ADM a""M POLICYNUMaER Poucre F POLICY EXP LIMBS A GENERAL LL488M 20709632 07/01/12 07/01/13 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DPAMr1ETDREMED S PREMISES Ma 300,000 CLAIMS -MADE E OCCUR ac�l MEO. EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OPAGO $ 11000,000 POLICY E PRO LCC $ B AuToNoss s LW"LIry 4142994900 07101112 07 /01113 COMBINED SINGLE LIMIT S X ANY AUTO (En acddenl) 11,000,000 BOOBY INJURY (Per parson) $ ALL AUTOS BODILY INJURY(Per sodden/) S SCHEDULE DULEDAUTOS PROPERTY DMIAGE X HIRED AUTOS raodden $ X NON- OwNEDAUros 8 S B X uYaRELLA LIM X OCCUR 4346231701 07/01112 07/01/13 EACHOCCURRENCE 5 excaeS LIMO CLAIMS MADE AGGREGATE 5,000,000 DEDUCTIBLE X I RETENTION S S C AND NEEMPLOYYERr "LaeLff WC0732469 07/01/12 07/01/13 X T Lain °T}1 $ MY PROPRIETORIPARTNERIEIIECUTNE YIN 0"ICEMEYEER EXCLUDED? NIA E.I. EACH ACCIDENT 500,000 E.L DISEASE- EA EMPLOYEE 500,000 (MandsayM NM ryee.duaE. undo, E.L.OISEASE- POLICY LIMIT S 600,000 DESCR"PnONOF OPERATIONS aobs DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (Attach ACOR0101, AddlUonal Remarks Schedule, It more space Is required) The City of Sanford Is an additional Insured. A 30 day notice of cancellation applies with 10 days for non - ,payment. HOLDER CANCELLATION City of Sanford SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Purchasing Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 1788 ACCORDANCE WITH THE POLICY PROVISIONS. Sanford, FI 32771 AUTHORIZED REPRESENTATIVE Attention: fx 407 -688 -5021 I ' " ° MireR e" VRD 25 (2009/09) ®1988.2009 ACORD CORPORATION. All rights reserve The ACORD name and logo are registered marks of ACORD The Undersigned accepts and agrees to meet all of the Insurance coverage requirements, terms, conditions and certification(s) stated herein before and after and further agrees to maintain and provide the designated coverage during the life of the Identified document. Also, when the coverage requirements stated herein before and after are specifically referenced by applicable solicitation, purchase order or contract document, those terms, conditions and coverage requirements are Incorporated Into that document as if fully set forth In verbatim . Southeast Drilling Services, Inc. Firm Authorized nature Sonya P. Ziegler Printed Name 11/06/2012 Date Se cretary Tltle 3 of 3 Insurance Requirements . M -187 Monday, October 22, 2012 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk and Mayor x RE: Southeast Drilling Services IFB 11/12 -17 Well No. 7 Replacement The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond Q Ordinance_ ❑ Performance Bond ❑ Resolution ® Mayor's signature ❑ Recording ❑ Rendering ❑ Safe keeping (Vault) ❑- - Deputy City Manager ❑ Payment Bond ❑ City Manager Signature ® City Clerk Attest/Signature Once completed, please: ® Return originals to Purchasing ❑ Return copies Special Instructions: Execute Work Orders and Agreement Section 520 Marisol Ordone From to A ;Vla. Date TADept_formslCity Clerk Transmittal Memo - 2009.doc rri TT-" DOCUMENT APPROVAL 10/22/2012 8:5 AM Contract Agreement Name Southeast Drilling Services IFB 11/12 -17 Well No. 7 Replacement Finance birector Z 2 - Date of za-d►�> Date A� X EV--.f V �v 4k - /0 q Attorney Date �OGU� G6 Cbz C, 6 61 ►i►� �- Da A n- 2 a ul U h � ��q O) C W g oc" a � c p Od E LL Fm r LL to m Q o��_o 0=T am W 0 UQU0000OOOOOOOOOOOOOO0000oo 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 000000 0 0 0 0 ?�— oo00at�00t�o00000000000000 O p � n. ootoOOrn O O O O N to t° cortotoa00000tototootoo.- N O O O o 0 0 =000000 0 N �tn0 0o O a O O (J �69HM U) a 0 CO N CO N N _O pCpp tA HN N V) Ortp H UfHH061 to 40 CJ ti Cl N a 1(f om M O (7 HM HHHH HH r 69 H M !. HH N �H 61 610 61i N Z H p J Z V O Z D Q . O 000p D 6L 0t0�U)Ot+� O O O O O O C C O tq 12 o O O I S9 S pp t Vs S 0 C 0 000 r, to 0 0 to 8 0 ON 8 0 t0 0 0 t0 0 0 0 to p p0p 0 0 0 0 8 0 0 OSOO to 0 0 00 0 0 S S O SOSh SOtn S O 0 S O 3 of M OM 4i H61 uCUQ N1O1�o H 6A Ct to0 W U O t00 r 06NgryH Or Q fA H H H H H H H 0 0 0 0 J W o Qv00000000000000000q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 OOOOQ0 ► oOOOOQOWOOoocoo z Q w O �..d OOOONNS O O pp pp N N OOet N SOOOtD O O pp O pp S t0 1p 00000coo p t!)OSOtO O p Go O c00000 O O O 0 0 OtA N 00000 0 0 0 0 U '.�. _00 R. dl N MM �y tV�CNt`1A w HHHH 0 0 to H fA to to to r eAH 6V - � Oi tV t9 H CVY�1n H fA 6h ffRR (�Oe- vT n OOOOON H l4 r W r . C N to tO D N 0 H N HHM to Q; Emu LLHw S 0 0 0 0 0 0 0 0 8 8 0 0 0 0 0 S S 0 0 0 00 00 �a S0 $g p O p tai ONMH M a t) O t(1 000 to 0 00 O co r H 06 M 9 In c ; f/! } H H t6 fAH ,6 tO r N 69Htf9 6� d N6NH� 0 N O 6p t7 V! to b9 O r M N U N ° 00 ° 0 ° 0 aV ° oo ° o ° 0080 ° 0 ° 0, ° 0 ° 08 ° 08888 ° o ° o88O °O O ° o O ° o h o0000triOto0 z�aon °v_ or+ O c9 WSLV N rn88 § 0 I S tA NO 0 tn 0 gt4itc 00 0 °B t�S 0000 ° 0_0o ° 8St ° � 0 V rr0 m uj H r H H O 6A e-00 M N sf 1I Nt� hMO6VrrM H H H N r H vi H� IA 9.1-1c; P rt0 H t� N H l tpr ►� �- H W N HHH HH H W. fq 3 aZ 16 '88888 J� ° 08 °0888888588888588 8588$ J D� OtODO a N t d �00 SS0 8252 S 0 OS (D S 00 0 08 - " : ad o H - (q o to to H U9 NN fA Go UBI A n � o N:, � H S ll rgp Nr -rrrrr Mr — -N �� z J J J J J co co co J J JU J= = =J J J...IJ s W. C N C to c z W Wm.� = W � NM y y o cto 4t —� 10 E D�= nT 04HE38C = tuQ °' d N W t a~ co E d �. = 'T >_ ° }- N U ° �� C. _ y WW dui W c' u �� �� o��'�y D a - 2( E g :23 0 W � y m a+ o g o.1 � ii ago. a. 3°�c�a v�A . j J F� rNM NtOnCO rrrrr�- '- rrt-NN L O dtAtO N NN »Q lo k— li ( • C, �1 H 1� 0 a ti 8 to V Z d Y W x 4 m PROJECT NO. IFB 11/12 -17 SECTION 00520 AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into the of by and between the City of Sanford, Florida, 300 North Park Avenue, Sanford, Florida 32771 a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER ") and Southeast Drilling Services, Inc. whose principal and local address is 10614 E. US Highway 92, Tampa, FL 33610 - 5972 hereinafter referred to as to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. Contract Documents The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractors Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. See Addendum 1.02 -A B. Scope of Work The Contractor shall provide and furnish all of the necessary labor, supervision, material, tools, expendable and permanent equipment, and all utility and transportation services required to perform and complete in a workmanlike manner, all of the work described as: Hidden Lakes Well 7 Replacement; IFB 11/12 -17, for the City of Sanford, Florida. All work shall be performed in strict accordance with the Drawings & Specifications prepared by the City of Sanford Utility Division, hereinafter called the Engineer, and in strict compliance with the Contractor's Proposal as accepted, including any amendments agreed upon at the time of execution of this Agreement, and with the other Contract Documents herein mentioned which are a part of this Agreement. As invoices are submitted for linear feet of pipe rehabilitation work completed, the City of Sanford will only pay for completed work including the disturbed area rehabilitation. . 00520 -1 PROJECT NO. IFB 11/12 -17 C. Contract Time Work under this Agreement shall be commenced within thirty (30) days after issuance of written Notice to Proceed, and shall be completed within one hundred(100) calendar days from commencement of construction date to Substantial Completion from the issuance of the written Notice to Proceed with an additional twenty(20) calendar days to Final Completion. D. 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 C 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 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. -- for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one -fourth ( of the rate set forth above. E. 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 and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price will be addressed thru a Work Order. Payments will be made to the Contractor 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. All work must be completed within the specifications and documentations which include but not limited to dewatering, excavation, sheeting, shoring, bracing, installation of water main consisting of mainline, fittings, valves, hydrants, restraint, disinfection, bacteriological, leakage testing along with suitable backfill, compaction, density testing, and surface restoration. F. City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end, the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. 00520 -2 PROJECT NO. IFB 11/12 -17 G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10 %, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. Contract Documents The Agreement comprises the Contract Document listed herein. In the event that any provision of one Contract Document conflicts with the provisions of another Contract Document, the provision in that Contract Document first listed below shall govern, except as otherwise specifically stated: a. Agreement (this instrument); b. Change Orders C. Addenda to Contract Documents, Nos. d. Bid /Proposal e. Instructions for Bidders; f. Detailed Specification Requirements; g. Drawings h. General Conditions; i. Advertisement; j. Performance and Payment Bonds; k. Proposal Guaranty. Additional Terms and Conditions The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and /or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals /bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 00520 -3 PROJECT NO. IFB 11/12 -17 3. The CONTRACTOR acknowledges that the CITY may retain other goods and /or service providers to provide the same goods and /or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and /or service providers for CITY projects. The CITY reserves the right to select which goods and /or services provider shall provide goods and /or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods /services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he /she /they is /are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. Persons employed by the CONTRACTOR in the provision and performance of the goods and /or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 9. No claim for goods and /or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and /or services to be provided and /or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and /or 00520 -4 PROJECT NO. IFB 11/12 -17 goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or work sites, to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. C. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty-eight (48) hours of the CITY's written request for such information. This information will be reviewed, screened and verified by the CITY, prior to the employees of the CONTRACTOR entering the CITY's premises and /or work sites. d. The CONTRACTOR shall comply with Section 2 -67 of the Sanford City Code as it relates to security screenings of private contractors and employees of private contractors. The CONTRACTOR shall cause each person found by the City Commission to be functioning in a position critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility to undergo the following inquiries and procedures conducted by the City of Sanford: 1) Fingerprinting in accordance with the CITY's pre - employment procedures; 2) Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation; and 3) Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. e. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may 00520 -5 PROJECT NO. IFB 11/12 -17 request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR and /or SUBCONTRACTORS that may work on the CITY's premises in positions found by the City Commission to be critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, social security number and /or licenses they shall not be allowed to work or continue to work in such critical positions. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and /or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and /or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or improper performance or failure to perform any of the goods and /or services furnished under this Agreement. 13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 14. Time is of the essence in the performance of all goods and /or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 00520 -6 PROJECT NO. IFB 11/12 -17 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and /or services referenced in an invoice. 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his /her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. 22. The City Manager, or his /her designated representative, shall have the following responsibilities: a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: Migdalia Hernandez, Water Resources Engineer Utility Department City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: 00520 -7 PROJECT NO. IFB 11/12 -17 a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and /or services provided by the CONTRACTOR is /are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and /or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or C. The CONTRACTOR, or any employee or agent of the CONTRACTOR, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and 00520 -8 PROJECT NO. IFB 11/12 -17 all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 33. Upon receipt of notice of termination, given by either party, the terminated parry shall promptly discontinue the provision of all goods and /or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and /or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and /or services unless and until the CITY's designated representative notifies the CONTRACTOR in writing that the provision of the goods and /or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and /or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement 00520 -9 PROJECT NO. IFB 11/12 -17 because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. C. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. 00520 -10 PROJECT NO. IFB 11/12 -17 e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. The CONTRACTOR shall submit a report to the CITY within twenty -four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 00520 -11 PROJECT NO. IFB 11/12 -17 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self - insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. 52. If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his /her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 00520 -12 PROJECT NO. IFB 11/12 -17 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. 56. The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 58. The CITY will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and /or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 60. The CONTRACTOR shall ensure that all goods and /or services are provided to the CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. 00520 -13 PROJECT NO. IFB 11/12 -17 61. If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and /or services under this Agreement and date of final payment for said goods and /or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and /or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and /or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and /or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 00520 -14 PROJECT NO. IFB 11/12 -17 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73. The CONTRACTOR shall coordinate the provision of goods and /or services and work product of any CITY approved subcontractors, and remain fully responsible for such goods and /or services and work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. 00520 -15 PROJECT NO. IFB 11/12 -17 Accordingly, this Agreement shall not be construed or interpreted more strictly against any one parry than against any other party. 79. Neither parry shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or 00520 -16 PROJECT NO. IFB 11/12 -17 indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. 00520 -17 PROJECT NO. IFB 11/12 -17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Southeast Drilling Services, Inc. Name of Firm /0 z Z By (Sign u ) Date W. B. 2gler, President Printed Name and Title . ATTEST: By (Signat e) 6 100 Date Sonya P. Ziegler. Secretary Printed Name and Title OWNER: Name of Own By (Signatureh, / \/\ /, Date '(SEAL) (SEAL) Printed Name and Title ATTEST: y (Signature) V Date Janet Dougherty, City Clerk Printed Name and Title ,9 cis 40 i On�, I END OF SECTION 00520 -18 PROJECT NO. lFB 11/12 -17 Addendum 1.02 -A Documents which are fully a part of the Contract with the City of Sanford are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim.. _1.02.1 Executed, Section 00520 Agreement Form. _1.02.2 The Project Manual, Note (Index, Page 00010 of the Project Manual; Includes all instructions, terms, general and supplemental conditions, bid documents, plans, prints and specifications pertaining to the Project). _1.02.3 Addenda Applicable to the Bid. _1.02.4 Contractor's Bid, 00410. _1.02.5 Performance Bond, 00605. _1.02.6 Payment Bond, 00610. _1.02.7 Material and Workmanship Bond, 00615. _1.02.8 Standard General Forms Set, 00435. _ Disputes Disclosure Affidavit, 00435 -1. _ Drug Free Work Place Affidavit, 00435 -2. _ Florida Statutes on Public Entity Crimes Affidavit, 00435 -3. Non - Segregated Facilities Affidavit, 00435 -4. _ Conflict of Interest Affidavit, 00435 -5. _ Non- Collusion Affidavit, 00435 -6. Unauthorized (Illegal) Alien Workers Affidavit, 00435 -7. _ Americans With Disabilities Act Affidavit, 00435 -8. Security and Public Safety Affidavit, 00435 -9. Offeror's Qualification Statement, 00435 -10. _ Compliance with Public Records Law Affidavit, 00435 -11. Exempt Public Records, 00435 -12. _1.02.9 Insurance Certificate(s). _1.02.10 E- Verify Compliance Affidavit, 00436. _1.02.11 Trench Safety Statement Affidavit, 00440. _1.02.12 Criminal History Evaluation Affidavit. 00470. _1.02.13 Notice of Award, 00510. Any additional document(s) that are not specifically listed in Section 1.02.1 — 1.02.14, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. _1.02.15 Notice to Proceed, 00530. _1.02.16 Consent of Surety to Final Payment 00617. 00520 -19 r, PROJECT NO. IFB 11/12 -17 _1.02.17 Contractor's Application for Payment Form 00625. _1.02.18 Certificate of Substantial Completion 00626. _1.02.19 Certificate of Final Completion 00627. 1.02.20 Contractor's Partial Release of Lien Form 00640. 1.02.21 Subcontractor's Final Release of Lien Form 00641. 1.02.22 Subcontractor's Partial Release of Lien Form 00644. 1.02.23 Contractor's Release of Lien Form 00645. _1.02.24 Project Field Order Form 00840. _1.02.25 Work Directive Change Form 00845. _1.02.26 Change Order F00850. _1.02.27 FDEP SRF & ARRA Supplemental Conditions Form 00810 1.02.28 Debarment Certification form 00820 1.02.29 Subcontactor Debarment Certification Form 00825 _1.02.30 MBE /BE Form 00830 _1.02.31 EEO Form 00835 _1.02.32 Certification Non - segregated Facilities Form 00860 _1.02.33 Buy American Certification EPA(2) Form 00870 1.02.34 Davis Bacon Poster Form 00880 _1.02.35 Davis Bacon Pay Rates Certification Form 00881 _1.02.36 Project Activity Summary Form 00883 _1.02.37 Vendor /Contractor Performance Report Form 00884 1.02.38 Contractor Evaluation Form 00885 _1.02.39 FDEP /SRF & ARRA Certified Payroll Form 00900 _1.02.40 FDEP Supplemental Conditions Form 00910 Documents 1.02.15 — 1.02.40 are included in the Project Manual as forms to be used as appropriate. These forms and any addenda agreed upon by the parties, when processed and executed, even though the actions occurred after the effective date of the Contract, become fully a part of the Contract. 00520 -20 City of Sanford Hidden Lakes Floridan Aquifer Well 7 Replacement File Number 10 -0406A SECTION 00410 BID FORM COPY CONTRACTORS NAME: Southeast Drilling Services Inc LICENSE NO 9078 PROJECT IDENTIFICATION: City of Sanford Hidden Lakes Floridan Aquifer Well 7 Replacement Construction and Testing Program Bid No. IFB 11/12 -17 Bid Due Date and Time: September 17 2012 at 2:00 p.m. *There will be NO exceptions for late delivery! THIS BID MUST BE DLIVERED TO: F. William Smith, Purchasing Manager City of Sanford 300 N. Park Avenue (City Hall) Second Floor, Room 236 Sanford, Florida 32771 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER certifies that he has investigated and meets the requirements to do business in the jurisdiction where the project is located. BIDDER accepts all of the terms and conditions of the Instructions to Bidders (Section 00200) including, without limitation, those dealing with the disposition of Bid Security, Public Entity Crimes, and Minority Policies. This Bid will remain open for 90 days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract security and other documents required by the Contract Documents within ten (10) working days after the date of OWNER'S Notice of Award, 4. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date Number 08 -24 -2012 01 09 -11 -2012 02 (receipt of all of which is hereby acknowledged) and also copies of the Advertisement to Bid and the instructions to Bidders; (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and DPD /00410.doc 00410 -1 071312 Southeast Drilling Services, Inc. City of Sanford Hidden Lakes Floridan Aquifer Well 7 Replacement File Number 10 -0406A regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. 1. 2. 3. 4. 5. 6 7 8. 9 0 11 12 13 14 15 16 17 18 19 20 21 22 23 (c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER; and BIDDER will complete the Work in accordance with the Contract Documents for the prices shown based on the following schedule: Item No. Description Estimated Quantity Unit Unit Price Item Total Indemnification of Owner & Engineer Performance and Payment Bonds Insurance and Administrative Costs Mobilization /Demobilization Surface Casing (24" black steel) - Installed Pilot Hole Drilling (6" minimum) Well Casing (17.4" Certal-ok PVC) - Installed Open Hole Drilling (15 inches) Cement Grout — Installed Geophysical Logging Video Logging Install and Remove Discharge Line Well Development Step Drawdown Test Constant Rate Discharge Test Inorganic Water Quality Analysis Water Quality Analysis (Table 02522) Disinfection & Bacteriological Clearing Plumbness & Alignment Test Concrete Pad and Flange Cap Perform Surveying Install Vertical Turbine Pump & Motor with Appurtenances Install Fence and Gate 1 LS $ 1,000 $ 1,000 1 LS $ S Lx-'o $ wo 1 LS $ 30 00 $ � 1 50 LS LF $ $ d ro $ yu wo $ , LM2 375 LF $ D $ //, 24 125 LF $ $ 0 o 285 LF $ $ l a, 5 13.5 CY $ _ $ 1 LS $ ocu $ 1 LS $ . LXX) $ U00 1 LS $ /,S (X00 $ S' am 40 HR $ oo $ 4 H R $ �IOy $ /,g 24 HR LS $ 1 /0 0 $ 1pn $ 1 $ _� - (u 1 LS $ $ 9-_S 1 1 LS LS $ 4 - ,/ uo a $ LUD $ �' `y $ 1 LS J A $ cvo 7.� $ Lx l') LS $ � $� 1 LS $ wu $ Q� ucxo 1 LS $ / $ /, S'Oo DPD /00410.doc 00410 -2 071312 Southeast Drilling Services, Inc. City of Sanford Hidden Lakes Floridan Aquifer Well 7 Replacement File Number 10 -0406A UU TOTAL BID $ 0C) (Figure) (Words) ADDITIVE /DEDUCTIVE ITEMS Item Estimated No. Description Quantity Unit Unit Price Item Total 24, Straddle Packer Tests with 3 EA $ 6 c'U0 $ &WU Water Quality Analysis 25, Demolition of Existing Well House 1 LS $ /0000 $ /o CZ AD 26. Pull Existing Well Pump 1 LS $ ' � L $ /o an) 27. Log & Abandon Existing Well 7 1 LS $ �u $ a ovo 28. Limerock gravel 20 CY $ /00 $ BIDDER acknowledges that the quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. The Owner and Owner's Consultant do not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the BIDDER plead misunderstanding or deception because of such estimate or quantities of work performed or material furnished in accordance with the Contract Documents and it is understood that the quantities may be increased or decreased or diminished as provided in the General Conditions without in any way invalidating any of the unit prices bid. BIDDER agrees that the Work will be substantially completed within 100 calendar days after the date when the Contractor receives notification to proceed from the Owner, and completed within 120 calendar days after the date when the Contractor receives notification to proceed from the Owner. All permit applications, required for construction, shall be submitted by the Contractor within 10 days after the Contract is executed. Copies of all permits shall be provided to the Owner upon receipt. BIDDER agrees to enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders. BIDDER recognizes that time is of the essence to complete this Project and that Owner will suffer financial loss if the Work is not substantially complete within the time specified above. The BIDDER also recognizes 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 has determined and BIDDER agrees to accept that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred Dollars $5( 00.00 ) for each calendar day that expires after the time specified above for substantial completion until the Work is substantially complete. After substantial completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified above for completion and readiness for final payment or any proper DI'D /00410.doc 00410 -3 071312 Southeast Drilling Services, Inc. City of Sanford Hidden Lakes Floridan Aquifer Well 7 Replacement File Number 10 -0406A extension thereof granted by Owner, Contractor shall pay the Owner an amount equal to all actual expenses incurred by the Owner as a direct result of the Contractor's negligence, refusal, or failure to so complete the remaining work. In the event the Contractor is terminated or abandons the work prior to the scheduled date for final completion, the Contractor may be liable for both liquidated damages attributable to delay and for excess completion costs. 6. The following documents are attached to and made a condition of this Bid: (a) 00435 Standard General Forms Set (b) 00410 Completed Bid Submission form, One Original plus 4 Copies (c) 00420 Bid Bond, 5% of Total Bid (d) Licenses 7. Communications to the BIDDER concerning this Bid shall be addressed to: Mailing Address: 10614 E US Highway 92 Street Address: same City, State, Zip Code: Tampa, FL 33610 -59 72 Telephone No.: 813 - 968 -7277 Fax No.: 813 -443 -0530 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract DOCUMENTS have the meanings assigned to them in the General Conditions. If BIDDER is: A Partnership An Individual A Corporation x A Joint Venture SIGNATURE PAGE BEGINS AND ENDS ON NEXT PAGE(5) DPD /00410.doc 00410 -4 071312 Southeast Drilling Services, Inc. City of Sanford Hidden Lakes Floridan Aquifer Well 7 Replacement File Number 10 -0406A By Southeast Drilling Services Inc (Name) Florida (State of Incorporation) Y (Name of P to Sign - Signature) (Name of Person Authorized to Sign - Typed or Printed) President (Title) (Corporate Seal) Attest Business address: 10614 E US Highway 92 Tampa FL 33610 -5972 Phone No. 813- 968 -7277 Fax No.: 813 - 443 -0530 END OF BID DPD /00410.doc 00410 -5 071312 Southeast Drilling Services, Inc. IFB 11/12 -17 SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Southeast Drilling Services, Inc. as Principal, and (2) Western Surety Company as Surety, are hereby and firmly bound unto The (3) City of Sanford, Florida as Owner, in the penal sum of (4) Five percent of bid Dollars ($ 5% of bid ) (5 percent of the total base bid) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executor's, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to (3) The City of Sanford, Florida as Owner a certain Bid for (5) Hidden Lakes Well 7 Replacement; IFB 11/12 -17 , attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) City of Sanford, Florida 4) Amount of Bond as Required in the Instructions to Bidders 5) Name of Project as Shown in Invitation for Bids NOW, THEREFORE, A. If said Bidder shall be in rejected, or in the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed in accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. 00420 -1 IFB 11/12 -17 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and sealed this 10th day of September , 2012 ATTEST: - By (Principal Officer) Sonya P. Ziegler, Secretary Typed Name and Title (CORPORATE SEAL) Principal By (Signature of Officer) W. B. Ziegler, President Typed Name and Title 10614 E US Highway 92 Address Tamp, FL 33610 -5972 City, State, Zip By Toni Valentine /Customer Service Typed Name and Title (SEAL) Western Surety Company Surety By: - Attorney -Fact Jennifer A Fava /Attorney -in -fact Typed Name and Title 11470 N. 53rd Street Address Temple Terrace, Fl 33617 City, State, Zip 813 - 988 -1234 813 - 988 -098 Telephone No END OF SECTION Facsimile No. 00420 -2 W stern Surety Comb .ny POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael Wayne Rogers, Sharon Elaine Taylor, Jennifer A Fava, Individually of Temple Terrace, FL, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 22nd day of January, 2010. State of South Dakota ss 1 County of Minnehaha J WESTERN SURETY COMPANY �ET, c F��� PP OIPq N _15 \`TC %' a ' T " o"� Paul ZfBruflat, Senior Vice President On this 22nd day of January, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires l r D. KRELL r November 30, 2012 Z sE NOTARY PUBLIC EAS i r SOUTH DAKOTA i + Ila- k,14W 'f titititititi tsyti titi b4ti�r4ti4 yyy, D. Krell, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof i still - in / force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this �D day of e.O l T�f 1&A WESTERN SURETY COMPANY ��Tll a s k; $ (Z)y L. Nelson, Assistant Secretary Form F4280-09 -06 IFB 11/12 -17 Disputes Disclosure Form 435 -1 Answer the following questions by answering "YES" or "NO ". If you answer "YES ", please explain in the space provided, please add a page(s) if additional space is needed. 1. Has your firm, or any of its -officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years? No 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the, services your firm provides in the regular course of business within the last five (5) years? N_ 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? Yes If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. Southeast Drilling Services, Inc. vs City of Boynton Beach, FL, filed December 2008, for Wellfield Expansion delays - request for equitable adjustment, settled. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of the project identified. Southeast Drilling Services, Inc. Firm 09/11/2012 ature W. B. Ziegler, President Date Printed or Typed Name and Title FORM NO. DSPT 12.204 Southeast Drilling Services, Inc. IFB 11/12-17 Drug -Free Work Place 435 -2 The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Southeast Drilling Services, Inc. A Firm Sig 11/2012 W. B. Zie gler, President Date Printed or Typed Name and Title FORM NO. DFWP 14.204 Southeast Drilling Services, Inc. IFB 11/12 -17 Florida Statutes On Public Entity Crimes 435 -3 THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to The City of Sanford by W. B. Ziegler on behalf of Southeast Drilling Services, Inc. whose business address is: 10614 E US Highway 92, Tampa FL 33610 -5972 and (if applicable) its Federal Employer Identification Number (FEIN) is 59- 3252801 (If the entity has no FEIN, include the Social Security Number of the individual signing this statement: ) I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand the "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilt or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. Southeast Drilling Services, Inc. IFB 11/12 -17 The entity submitting this sworn statement, or one of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this swom statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDE IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE IN�9�l1AT N CONTAINED IN THIS FORM. 11/2012 (date) State of Florida County of kL6i3f OTICSN On this 11 day of t 2012, before me, the undersigned Notary Public of the State of Florida, personally appeared W , R _t Q _rg and A/A (Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned.) _ Personally known to me, or MICHAEL J 1MHITM�►f� _ Produced identification: :: *c MY COMMISSION # EE01573 '? EXPIRES August 09, 2014 (Type of Identification Produced) Fiodaallowry °m _ DID take an oath Of (407) 398 -0153 DID NOT take an oath. FORM NO. PEC 15.204 00435 -3.2 Southeast Drilling Services, Inc. IFB 11/12 -17 Certification of Non- Segregated Facilities 435 -4 By affixing his signature to this form, the Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation and housing facilities provided for employees which are segregated by explicit directive, or are in fact segregated on the basis of race, color, religious disability or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: 09/11/2012 By: W. B. zieAler Presid Official Address: 10614 E. US Highway 92 Tampa FL 33610 -5972 FORM NO. SFAC 16.204 Southeast Drilling Services, Inc. IFB 11/12 -17 Conflict of Interest Statement 435 -5 1. W. B. Ziegler of Southeast Drilling Services, Inc. deposes and states that Name of Affiant Name of Company 2. The above named entity is submitting an Expression of Interest for the City of Sanford project identified below. 3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 4. The Affiant states that only one submittal for the above project is being submitted and that the above named entity has no financial interest in other entities submitting proposals for the same project. 5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 7. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 8. 1 certify that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 9. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sanford in writing. 09/11/2012 Signa of iant Date B. Ziegler President Typed or Printed Name of Affiant Tdle State of Florida, County of A 1LLSBoRO On this 11 day of SE VAS>6R , 20 AL, before me, the undersigned Notary Public of the State of Florida, personally appeared W $ r ESc..EZ. _ and A//A (Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WETNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: , ;►�sY�� MICHAE WHITMAN =* '= MY COVINIIN # EE015738 i y EXP S ust 09, 2D14 (407) 398 -0153 F!ardeService.com FORM N0. CFI 18.204 (Name of Notary Public: Print, Stamp, or Type as Commissioned.) x Personally known to me, or Produced identification: (Type of Identification Produced) _ DID take an oath, or DID NOT take an oath. Southeast Drilling Services, Inc. IFB 11/12-17 Non - collusion Affidavit of Offeror /Bidder 435 -6 The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1. States that the entity named below and the individual signing this document has submitted the attached bid or proposal: 2. He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal; 4. Neither the said bidder or proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Sanford or any person interested in the proposed Contract. 5. The price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or proposer or any of its agents, representatives, owners, employees, or parties in interest, including the in ividual signing this document. Z M; 09/11/2012 ignatur o Afr1 t Date W. Zealer President Typed y rinted Name of Affiant Title State of Florida, County of Ai SDPDL)QH On this II day of SEPtZK'SER 2012- , before me, the undersigned Notary Public of the State of Florida, personally appeared Z L 1 ECG- M and VIA ( Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that h she /they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned.) �► MICHAEL J WHITMAN X Personally known tome, or _Produced identification • '4:: *= MY COMMISSION # EE015738 EXPIRES August 09, 2014 (Type of Identification Produced) (407)398-0153 Fiorraa NOtaryservfoe.cum _ DID take an oath, or - aDID NOT take an oath FORM No. AC 5.908 Southeast Drilling Services, Inc. IFB 11/12 -17 Unauthorized (Illegal) Alien Workers 435 -7 The CITY will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the /NA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. 1. By executing this certification, the CONTRACTOR certifies that Southeast Drilling Services, Inc. (name of company) does not and will not during the performance of any contract resulting from the solicitation identified below employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986. 2. The Undersigned agrees to, upon request of the City, provide copies of Immigration Form I- 9 for each person associated with the above named company who has been or is present at the designated jobsite associated with any work or project resulting from this solicitation. CONTRACTOR: Signature: Southeast Drillin Services, Inc. Printed Name: W. B. Ziegler Title: fP /esident Date: 09/11/2012 — — Affix Corporate Seal STATE OF FLORIDA ) ) ss COUNTY OF 14 14- LS80 An- H ) The foregoing instrument was acknowledged before me this Ot day of %5cFr9/4B f? 20 t , by 1,.9.8. of ; 6,- yHEAeT pgIt uo.rG S,eo uILE %. firm), on behalf of the firm. He /She is personally known to me or has produced * identification. Print Name •:ss" MICHAEL J WHITMAN Notary Public in and for the County 'f ';: a MY COMMISSION # EE015738 and State Aforementioned ''!o: ,,•� EXPIRES August 09, 2014 My commission expires: ( FforidallotaryService.com Form No. IM 0506.209 Southeast Drilling Services, Inc. IFB 11/12 -17 Americans With Disabilities Act Affidavit 435 -8 By executing this Certification, the undersigned CONTRACTOR certifies that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding the City of Sanford (CITY). the CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (AFA), 42 USC s. 12101 et seq. It is understood that in no event shall the CITY be held liable for the actions or omissions of the CONTRACTOR or any other party or parties to the Agreement for failure to comply with the ADA. The CONTRACTOR agrees to hold harmless and indemnify the CITY, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the CONTRACTOR's acts or omissions in connection with the ADA. CONTRACTOR: Signature -4 Title: Affix Corporate Southeast Drilling Services, Inc. Printed Name: STATE OF Florida ) ) ss COUNTY OF Hillsborough ) W. B. Ziegl Date: 09/11/20 9 The foregoing instrument was acknowledged before me this 11 day of 6EPT 20 (P , by W. B. Ziegler of Southeast Drilling Services. Inc. firm), on behalf of the firm. He /She is personally known to me or has produced IVI identification. Print Name J WHITMAN —�` MICHAEL Notary Public in and for the County •- MY COMMISSION # EE015738 and State Aforementioned EXPIRES August 09 2014 My commission expires: I FloridallotaryService.com Form No. AWD 0512.209 Southeast Drilling Services, Inc. IFB 11/12 -17 Affidavit: Security and Public Safety Requirements, 00425 -9 Code of Sanford, Florida: The CONTRACTOR shall be responsible for the accepted standards, appearance, conduct, and safety of its employees, subcontractors, agents, and any other person caused by the CONTRACTOR to have access to any facility under the authority of the City. 1. The CONTRACTOR under any agreement with the City, shall require all personnel under its cognizance, at all times when performing work in the context of that agreement to wear identification badges which, at a minimum, provides the name of the employee and the CONTRAACTOR. 2. The CONTRACTOR shall, when so required, provide to the CITY a list of employees working on the project which includes a list of employee work days, times and assignments for each employee within forty-eight (48) hours of the request for such information. This information, when requested by the CITY, shall be provided prior to the employees of the CONTRACTOR entering the CITY's premises. 3. The CONTRACTOR shall comply with Section 2 -67 of the Sanford City Code as it relates to security screenings of private contractors, subcontractors and employees of private contractors. The CONTRACTOR shall cause each person designated or found by the City to be functioning in a position and /or location critical to the security and /or public safety of the CITY to undergo the following inquiries and procedures conducted by the City of Sanford: a. Fingerprinting in accordance with the CITY's Procurement procedures, b. Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation, and C. Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (drivers, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR that may work on the CITY's premises in positions found by the City to be critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the employees. If an employee refuses to authorize the release of their address, socio security number and /or licenses they shall not be allowed to work or continue to work I r'ti I posit . 09/11/2012 W. B. Ziegler ad or Printed Name V ­ P resident Southeast Drilling Services, Inc. Title Name of Company State of Florida, Counyf Hillsborough On this I I day of 6EPT - EMV M 20L before me, the undersigned Notary Public of the State of Florida, personally appeared W. B. Ziegler and AJ1i, ( Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: 7 ,,MICHAEL J WHITMAN =' MY COMMlSSlON # EE015738 EXPIRES August 09, 2014 (407) 396-0153 Floridallotaryservice.com (Name of Notary Public: Print, Stamp, or Type as Commissioned.) X Personally known to me, or _ Produced identification (Type of Identification Produced) _ DID take an oath, or X DID NOT take an oath Southeast Drilling Services, Inc. IFB 11112 -17 OfFeror's Qualification Statement, 00435 -10 SUBMITTED BY NAME: Southeast Drilling Services Inc. CHECK ONE: _Individual _Partnership x Corporation _Other 1. State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Southeast Drilling Services, Inc. The address of the principal place of business is: 10614E US Highway 92. Tampa FL 33610 -5972 2. If Offeror is a corporation, answer the following: a. Date of Incorporation: June 1994 b. State of Incorporation: Florida C. President's Name: W B. Ziegler d. Vice President's Name: W C. Ziegler e. Secretary's Name: Sonya P. Ziegler f. Treasurer's Name: W. B. Ziegler g. Name and address of Resident Agent: W B. Ziegler 10614 E. US Hwv 92, Tampa, FL 33610 -5972 3. If Offeror is an individual or a partnership, answer the following: a. Date of Organization: b. Name, Address and Ownership Units of all Partners: C. State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: _Yes x NA Southeast Drilling Services, Inc. IFB 11/12 -17 How many years has your organization been in business under its present business name? 18 Under what other former names has your organization operated? NA Indicate registration, license number or certificate numbers for the businesses or professions which are the subject of the Proposal/Bid. Please attach certificate of competency and /or state registration. Attachment 2• Water Well Contractor 9078, 1232 & 9451 Have you ever failed to complete any work awarded to you? If so, state when, where and why. State the names, telephone numbers and last known addresses of three (4) owners, individuals or representative of owners with the most knowledge of work which you have performed or goods you have provided on similar projects within the last five years (government owners are preferred as references). It is noted that the experience claimed here must be associated with the company named above. Additional or other relevant experience may be included on a separate sheet provided by the offeror. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the offer and the Offeror being considered for an award. See Attachment 1 (name) (address) (phone number) (name) (address) (phone number) (name) (address) (phone number) (name) (address) (phone number) 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). See attached resumes Attachment 3 11. State the name of the individual who will have personal supervision of the work: J B Ziegler 12. State the names and addresses of all businesses and /or individuals who own an interest of more 435 -10.2 Southeast Drilling Services, Inc. Attachment 2 I R-Do-=p Il State of Florida Li"'Cens 0- Mter Well Contractor Southwest- Florida Water Mana,gement.District Certifies That John B. Ziegler HAS BEEN DULY LICENSED AS WATER WELL CONTRACTOR IN THE STATE OF FLORIDA LICENSE NUMBER: 9451 September 28;:2011 Well Construction Regulation License Issue date Brooksville Regulation Department Attachment 1 PROJECT ENGINEER & REPRESENTATIVE PROJECT PROJECT ADDRESS & TELEPHONE NUMBER VALUE STATUS `ID COMPLETE c1 Ai7 Rin In Pmeress 22% Cardno ENTRIX 13666 Colonial Boulevard Fort Myers, FL 33912 T : 239 -574 -1919 John Rand. PG Booth, Ern, Straughan, Hiott 350 North Sinclair Ave. Tavares, FL 32778 Robert A. Em Jr. PE 352- 267 -2449 NIA NIA 4030 West Boy Scout Blvd. A„as 7W Tampa, Florida 33607 Marty Clasen, P.G.: 613 -281 CDM 6365 NW 6th Way Suite 200 Ft. Lauderdale, FL 33309 Stewart Meoenheimer. 954-7 Miller Legg 2005 Vista Pkwy. Suite 100 West Palm Beach, FL 33411 Christopher Holmes. P.E.: 5E AECOM 3550 SW Corporate Pkwy. Palm City. FL 34990 561- 627 -2900 MclOm & Creed 1365 Hamlet Ave. Clearwater, FL 33756 Palm Beach Co. Water Utilfries Dept 6100 Forrest KII Blvd. West Palm Beach, FL 33413 Tom Uram: W4 000 Palm Beach Co. Water Utiiitiies Dept 8100 Forrest Hill Blvd. West Palm Beach, FL 33413 Tom Umm: 561 493 -6000 Mathews Consulting Inc. 1475 Cenhepark Blvd. Suite 250 West Palm Beach, FL 33401 Rene Mathews: 561 - 4757961 Mock Roos & Associates, Inc. 5720 Corporate way West Palm Beach, FL 33407 Gant/ Gruber 561 - 683 -3113 MWH Constructors 16101 Alioo Road Ft Myers, FL 33913 Tom MachinskL 2391166 -1075 COW 1601 Betvedere Rd. Suite 211 West Palm Beach, FL 33406 Pat Gleason: 561. 6833336 Amadis Reese Macon & Assoc 6415 Lake Worth Road, Suite 307 Lake Worth FL 334632907 Thomas C. Jensen: 561.4333226 Palm Beach Co. Water Utilithes Dept- 8100 Forrest Hill Blvd. West Palm Beach, FL 33413 Tom Uram: 561 -093 -6D00 CH2M Hill Constructors, Inc. 4350 W. Cypress Street Suite 600 Tampa, FL 33607 Katus Watson: 235947 -2300 10D% DATE COMPLETED 2 1 Jun-07 In Southeast Drilling Sern ices. Inc. PROJECT OWNER, ADDRESS, PROJECT NAMEILOCATION TELEPPHONE NUMBER & REPRESENTATIIVE Algenol Biofuels Alaenol Biofuels Research and Development Facility 16121 Lee Road Injection War System Project, # 02184002 Fort Myers, FL 33912 16121 Lee Road 561- 262-7819 Fort Myers, FL 33912 Paul Peterson City of Mourn Dora City of Mount Dora Eastern Service Area WTP Production Wells Public Works &•Utilities Department Project No. 11 -0B -002 1250 North Highland Street Mount Dora, FL 32757 352. 551 -9118 Paul M. Lahr, PE Altman Management Aitrnan Contractors, Inc. Salon Irrigation Pump Station and Well 1514 S. Federal Hwy PO No. 031051D4AMC Suite 3D0 Satod Apartments Boca Raton, FL 33432 Ft. Lauderdale, FL Brett Kapuler. 561- 237 -1336 Altman Management Altman Contractors, Inc. Satod Irrigation Pump Station and Well 1514 S. Federal Hwy .PO No. 03- 109.104AMC Suite 300 Satori Apartments Boca Raton, FL 33432 IFt. Lauderdale FL Brett Kapuler. 561.237 -1336 ;Sarasota County Sarasota County Utilities (Central County WRF Deep Injection Well 1001 Sarasota Center Blvd. Yfbi. N0. LU11 - Ulb tt. Myers, �1 '33tlUtl Jack Gibson: 941- 861 -0548 City of Boca Raton Bow Raton Utility Services Test Pilot Holes Construction 1401 Glades Rd. Well Nos. 28W, 31W & 33W Boca Raton, FL 33431 -6417 Pmj. No. 78424 561. 338 -7300 Palm Beach County PBC - Capital Improvements Divisio So County Regional Park `A" Recharge Welt! 2633 Vista Pkwy. Pmj. No. 09211 West Palm Beach, FL 33411 561- 233-0260 Seacoast Utility Authority Seacoast Utility Authority Hood Rd. Well No. 1 & 42DO Hood Rd. Richard Rd. Well No. 4 Replacement Palm Beach Gardens, FL 33410 Pro'. No. 09476 -W City of Clearwater City of Clearwater Water Treatment Pants 1 & 3 100 S. Myrtle Ave. Welffield Expansion Project - Phase 1 Clearwater, FL 337584748 Pm'. No. 07 -0037 -UT Tara Kivett 727 - 562.4750 Glades Utility Authority Glades Utility Authority Material tntegrety Testing of Pahokee DIW 39700 Hooker Hwy, PahDkee, FL Belglade, FL 33430 Jim Stiles: 561 -BDI -6301 Palm Beach County Palm Beach Co. Water Utilitiies Dep Floridan & Deep Injection Well 6100 Forrest Hill Blvd. Continuing Construction Contract West Palm Beach, FL 33413 WUD 08 -051 Tom Uram: 561.493-6000 PBC Wellfield Rehabilitation Palm Beach Cc. Water Utilitiies Dep Continuing Construction Contract 8100 Forrest Hill Blvd. WUD 07 -184 (WUD D8.023) West Palm Beach, FL 33413 Tom Uram: 561 -093 -6000 Town of Lantana Raw Water Supply Well N Town of Lantana, Florida Contract #1 500 Greynolds Circle Lantana, FL 33462 561 - 540 -5758 City of West Palm Beach City of West Palm Beach Surficial Aquifer Exploratory Wells and Monih Public Utilites Department Public Utilles Department West Plant Beach, FL 334D1 Pinewoods WTP Raw Water Main Lee County Utilities Corkscrew WTP Wells & Water Main 1500 Monroe Street 16101 Arco Road Fort Myers, FL 33901 Ft Myers, FL 33931 Douglas Meurer, 239 - 5338181 Palm Beach County Palm Beach Co. Water Uturrtnes Dep System Wide Wellfield Improvements & 6100 Forrest Hill Blvd. ECRWWTF Monitoring Well Nos. 2 & 6 Weill West Palm Beach, FL 33413 Proj.No. WUD 05-041 Tom Ulm: 5614936000 8100 Forrest Hill Blvd. West Palm Beach, FL 334163 Buena Road & Lilac Street Seacoast Utility Authority Wellfield Modifications 4200 Hood Rd. Palm Beach County, Florida Palm Beach Gardens, FL 33410 Wilbert Stewart: 561 -627 -2900 PBC Welifield Rehabilitation Palm Beach Co. Water Utilithes Dep Continuing Construction 8100 Forrest Hill Blvd. Contract Nos. 06.084 WA 1 & 2 West Palm Beach, FL 33413 Tom Limm: 561 493 -6000 City of Fort Myers City of Fort Myers 5 Floridan Raw water Supply Wells 2751 Jacksonville Street 2751 Jacksonville Street Fort Myers, FL 33912 Fort Myers, FL 33912 Byron Weiohtrnan: 235332 -6876 PROJECT ENGINEER & REPRESENTATIVE PROJECT PROJECT ADDRESS & TELEPHONE NUMBER VALUE STATUS `ID COMPLETE c1 Ai7 Rin In Pmeress 22% Cardno ENTRIX 13666 Colonial Boulevard Fort Myers, FL 33912 T : 239 -574 -1919 John Rand. PG Booth, Ern, Straughan, Hiott 350 North Sinclair Ave. Tavares, FL 32778 Robert A. Em Jr. PE 352- 267 -2449 NIA NIA 4030 West Boy Scout Blvd. A„as 7W Tampa, Florida 33607 Marty Clasen, P.G.: 613 -281 CDM 6365 NW 6th Way Suite 200 Ft. Lauderdale, FL 33309 Stewart Meoenheimer. 954-7 Miller Legg 2005 Vista Pkwy. Suite 100 West Palm Beach, FL 33411 Christopher Holmes. P.E.: 5E AECOM 3550 SW Corporate Pkwy. Palm City. FL 34990 561- 627 -2900 MclOm & Creed 1365 Hamlet Ave. Clearwater, FL 33756 Palm Beach Co. Water Utilfries Dept 6100 Forrest KII Blvd. West Palm Beach, FL 33413 Tom Uram: W4 000 Palm Beach Co. Water Utiiitiies Dept 8100 Forrest Hill Blvd. West Palm Beach, FL 33413 Tom Umm: 561 493 -6000 Mathews Consulting Inc. 1475 Cenhepark Blvd. Suite 250 West Palm Beach, FL 33401 Rene Mathews: 561 - 4757961 Mock Roos & Associates, Inc. 5720 Corporate way West Palm Beach, FL 33407 Gant/ Gruber 561 - 683 -3113 MWH Constructors 16101 Alioo Road Ft Myers, FL 33913 Tom MachinskL 2391166 -1075 COW 1601 Betvedere Rd. Suite 211 West Palm Beach, FL 33406 Pat Gleason: 561. 6833336 Amadis Reese Macon & Assoc 6415 Lake Worth Road, Suite 307 Lake Worth FL 334632907 Thomas C. Jensen: 561.4333226 Palm Beach Co. Water Utilithes Dept- 8100 Forrest Hill Blvd. West Palm Beach, FL 33413 Tom Uram: 561 -093 -6D00 CH2M Hill Constructors, Inc. 4350 W. Cypress Street Suite 600 Tampa, FL 33607 Katus Watson: 235947 -2300 10D% DATE COMPLETED 2 1 Jun-07 In Southeast Drilling Sern ices. Inc. Attachment 1 Southeast Drilling Sere ices, Inc. PROJECT ENGINEER & PROJECT OWNER, ADDRESS, REPRESENTATIVE PROJECT PROJECT DATE PROJECT NAMEILOCATION TELELPHONE ADDRESS & TELEPHONE NUMBER VALUE STATUS %COMPLETE COMPLETED NUMBER & REPRESENTATIIVE City of Boynton Beach City of Boynton Beach CH2MHill 54,556,125 Complete 100% Jun-07 East Plant Expansion Test Wells 100 E Boynton Beach Blvd 800 Fairway Drive, Suite 350 and Aqufer Storage & Recovery Well Boynton Beach, FL 33425 Deerfield Beach, FL 33441 Chris Roshek 561- 742 -6487 Garret Bulman: 9544264008 Lake Region WTP Test Production Wells Palm Beach Co. Water UtiltUies Dept CDM $3,461,340 Complete 100% Jun-07 4600 Bacom Point Rd. 6100 Forrest Hill Blvd. 9311 College Parkway Project No. 03-169 West Palm Beach, FL 33413 Ft Myers, FL 33919 Pahokee, FL 33476 Tom Uram: 561493 -6000 Bob Maliva: 239 - 432 -9494 100% May -07 Oltl Palm Golf Community WCI Communties, Inc. Arcadis $3,429,000 Complete Hood Rd. WellBeld Expansion 1580 Sawgrass Corporate Prky. 2081 Vista Pkwy. 11607 Central Boulevard Suite 410 West Palm Beach, FL 33411 Palm Beach Gardens, FL Sunrise, FL 33323 Tom Tessier. 561 -697 -7000 Motts Barry, 954.825-4659 City of Clewiston Public Works Complex City of Clewiston COW $1,841,513 Complete 10D% Sep-06 Construction, Development & Testing of 115 W Ventura Avenue 9311 College Parkway Two 16" Floridan Aquifer Production Wells Clewiston, FL 33440 West Palm Beach, FL 33411 Kevin McCarthy: 8639B3 -1454 Ft. Myers. FL 33919 Bob Maliv 561- 689 -3336 Palm Beach County Water WUD Palm Beach Co. Water Utilithes Dept Palm Beach Co. Water Utilitiies Dept. 5641,OD0 Complete 100% Apr -06 Project No. 01 -1826 WTP Nos. 2, B & 9 8100 Forrest H01 Blvd. 8100 Forrest H01 Blvd. R. J. Sullivan Corp. West Palm Beach, Ft 33413 West Palm Beach, FL 33413 Tom Uram: 561493 -6000 Tom Uram: 561 -093.6000 Wells PBG tt14, RR 09, and Raw Water Maii Seacoast Utility Authority LBFH, Inc. $735,000 Complete 100% JW-05 Palm Beach Gardens, FL 4200 Hood Rd. 3550 SW Corporate Pkwy. Palm Beach Gardens, FL 33410 Palm City, FL 34990 Michael Pimemet: 772 - 2863863 Hood Rd. Wellfield 7 Replacement Seacoast Utility Authority Amadis 5738,220 Complete 100% Jul-D5 Wells Nos. HR -8, HR -9, HR -10, HR -11, HR -1 4200 hood Rd. 2081 Vista Pkwy. Palm Beach Gardens, FL Palm Beach Gardens, FL 33410 West Palm Bch., FL 33411 Wilbert Stewart 561 -027 -2900 Tom Tessier. 561- 697 -7DO0 City of Fort Myers City of Fort Myers CH2M H01 Constructors, Inc. s1,099,552 Complete 100% May -04 Raw Water Supply Wells & RO WTP Expans 2751 Jacksonville Street 4350 W. Cypress Street, Suite 600 2751 Jacksonville Street Fort Myers, FL 33912 Tampa, FL 33607 Fort Myers, FL 33912 Byron We' htman: 233332 -6876 Katus Watson: 813. 874-0777 System Wide Wellheld Expansion Palm Beach Co. Water Utilitiies Dept. Palm Beach Co. Water Ub"Ittites Dept. 56,021,739 Complete 100% Apr-04 Project No. 00-136 2D65 Prarie Rd. 2D65 Prarie Rd. West Palm Beach, R 33416 West Palen Beach, FL 33416 West Palm Beau, FL 33416 Tom Uram: 561.4936000 Tom Uram: 561493-6000 Collier County Collier County Utilities Department Collier County Utilities Department $1,742,374 Complete 100% Feb-04 South County Regional Water Treatment Plai 3301 East Tamiami Trail 3301 East Tamiami Trail Reverse Osmosis Expansion Naples, FL 34112 Naples, FL 34112 Naples, F1 34117 Morin Thampi: 233530-5339 Morin Thampi: 233530 -5339 WTP No. 9 Weltrield Rehabilitation Palm Beach Co. Water Utllitiies Dept. Montgomery Watson $1,877,271 Complete 100% Mar -03 Project No.01 -002 2065 Prarie Rd. 2328 - 1 Din Av North West Palen Beach, FL 33416 Lake Worth, FL 33461 Tom Uram: 561.493 -6000 Nell Johnson P.E.: 813-221-1981 North Springs Improvement District North Springs Improvement District John McKune 6686,697 Complete 100% Jul-02 Potable Water Supply Wells 10300 NW 11th Manor Gee & Jenson Coral Springs, FL 33071 3300 University Dr. 954 - 753-0380 Coral Springs, FL 33065 9547524960 Shady Hills Power Plant El Paso Energy WA $324,965 Complete 100% Apr -02 14240 Merchant Energy Way 14240 Merchant Energy Way Shady Hills, FL 34610 Shady Hills, FL 34610 727 - 6566000 Suncoast Parkway Toll Plazas FOOT Greenhome & O'Mara, Inc. $202,605 Complete 100% Feb-02 Hillsborough/Pasco Co., FL Archer Westem Contractors, Ltd. 1527 N. Dale Mabry Hwy, 5411 Van Dyke Rd. Suite 101 Lutz, FL 33549 Lutz, FL 33549 Jon Sv Tracy Keenan: 6139031415 Palm Beach County Palm Beach Co. Water Utiittiies Dept Palm Beach Co. Water Utllitiies Dept. $6,092,163 Complete 100% Jan-02 WTP 9 Wellheld Expansion 2065 Prarie Rd. 2065 Pratte Rd. Project No. 96-66 West Palm Beach, F7 33416 West Palm Beach, FL 33416 Tom Uram: 561493 -6000 Tom Uram: 5614936000 Vandolah Power Plant Vandolah Power Company, LLC Gemma Power Systems, LLC $465,629 Complete 100% Jan-02 Wachulla, FL 1001 Louisiana Street 2394 Vandolah Road Houston, TX 77002 Wachula, FL 33873 Dan Ward: 863767 -6650 Southeast Drilling Sere ices, Inc. ATTACHMENT 3 BART ZIEGLER, P.E. Water Resource Engineer B.S., Civil Engineering, University of Florida Experience Mr. Ziegler is the President of Southeast Drilling Services, Inc. (Southeast), a general construction, water well construction and environmental drilling company with over 60 combined years of experience. Southeast currently provides services throughout the state of Florida. Mr. Ziegler is also a Water Resources Engineer. He provides expertise in general civil engineering, hydrogeology, and groundwater projects for water supply and effluent disposal. His project experience includes ASR wells (design and construction), water supply systems, deep injection wells (design, construction, supervision, mechanical integrity testing), groundwater monitoring studies, toxic and hazardous waste investigations, park design, and regulatory permitting. His primary responsibilities at Southeast include overall company management, bidding and estimating, project coordination, management and contract administration. He is also involved in the day to day project operations of ongoing projects. Mr. Ziegler has been the lead project manager on approximately 80% of Southeast's large drilling projects in the last 17 years. Prior to his employment with SED, Mr. Ziegler was employed by CH2M Hill, an international environmental consulting firm. He acted as a Client Coordinator in addition to the design and construction of general water resource projects. Professional Registration Professional Engineer, Florida; Licensed Water Well Contractor, Florida Other Registrations Certified Welder Licensed Private Pilot CPR Training and Certification First Aid Training and Certification Certified Site Safety Coordinator Southeast Drilling Seri: ices, Inc. Membership in Professional Organizations Florida Water Well Association, Florida Engineering Society, Publications With Albert Muniz. Aquifer Storage and Recovery in the Floridan Aquifer System of South Florida. American Society of Civil Engineers -Water Resource Planning and Management Conference. Denver, CO. Man 1994 With Albert Muniz, J.I.Garcia- Bengochea, and R. David Pyne. Water Management in the 21 Centruy. Proceedings of the Florida Water Management Districts. Florida Department of Environmental Protection - International Dialogue of Water Management. Miami, FL. October 1993. Southeast Drilling Sere ices, Inc. WILLIAM C. ZIEGLER Water Resource Specialist Education Undergraduate studies, University of Florida Experience Mr. Ziegler is currently a Vice President of Southeast Drilling Services, Inc. The firm is a water well construction and environmental drilling company and currently provides services throughout the state of Florida in water supply system construction and project management. Mr. Ziegler has been in the water well construction industry since 1968 and a licensed water well contractor in the state of Florida since 1971 (when state licensure was established). He has assisted in the design and managed construction of production, irrigation, monitor, injection and ASR well programs throughout the State. Southeast Drilling Services, Inc. provides design and construction services in the Private, Agricultural, and Municipal sectors. Prior to establishing Southeast Drilling Services, Inc., Mr. Ziegler was President of Diversified Drilling Corporation from its inception (1976) through 1988 in which he managed the day to day operations and financial planning and Vice President of Drilling Consultants, Inc. from 1988. The companies performed general Water Well Construction and Water Plant Installation throughout Florida and South Georgia. . Professional Registration Licensed Water Well Contractor, Florida South West Florida Water Management District Advisory Board Licensed Private Pilot Public Engagements Moderator for Trio Center Short Courses on Water Well Construction Instructor for City of Tampa Water Plant Operators School Speaker for The Great American Teach -in Membership in Professional Organizations National Ground Water Association Florida Ground Water Association (Past Board of Directors) West Coast Chapter of Florida Ground Water Association (Founding Member and Past Board of Directors) r:\sEDTMUNES\wczsFDa.noc J. BRIAN ZIEGLER Supervisor/Driller Education Chamberlain High School Experience Mr. Ziegler is currently the lead well drilling technician for Southeast Drilling Services, Inc. for projects throughout the state of Florida. He has been responsible for monitor wells, public supply systems, irrigation wells, private well construction and primary and secondary drinking water sampling on public supply systems. He played a key role in the development and implementation of Southeast's Groundwater Screening Program that has been used throughout the southeast to identify and determine the extent of toxic and hazardous waste materials in groundwater. Prior to joining Southeast, W. Ziegler was employed by Drilling Consultants Inc. in Tampa, Florida. He served as the lead for drilling operations throughout the state. He was responsible for monitor well; public supply systems, irrigation wells, private well construction and primary and secondary drinking water sampling on public supply systems. Registrations and Certifications Licensed Water Well Contractor, Florida 40 Hour OSHA Certification for Health and Safety (29 CFR 1910.120) 8 Hour - Refresher Courses (29 CFR 1910.120) American Red Cross certified for emergency care CPR certified Certified Crane Operator P:\SED\Resumes\JBZSED-2004. doe IFB 11/12 -17 than five percent (5 %) of the Offeror's business and indicate the percentage owned of each such business and /or individual: W. B. Ziegler 50 %, W. C. Ziegler 25% and Sonya P. Ziegler 25% 13. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Offeror: NA 14. State the name of the Surety Company which will be providing the bond, and name and address of agent: Western Surety Company Michael Rogers Associates Agency P O. Box 16190 Temple Terrace. 33 687 -6190 15. Bank References: Mutual of Omaha, Brian Holliday, 302 N Dale Mabry Hwy., Tampa, FL 33609 (bank) (address) Wells Fargo, Kevin Schmidt, 1501 W Swann Av, Bldg 3, Tampa, FL 33606 (bank) (address) Heritage Bank of Florida, 23000 State Road 54, Lutz, FL 33549 (bank) (address) THE INFORMATION INDICATED IN ITEM 16 IS NOT REQUESTED AT THIS TIME, HOWEVER, THE CITY RESERVES THE RIGHT TO REQUEST THIS INFORMATION. 16. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses). b. Net Fixed Assets C. Other Assets d. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes) e. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings) 435 -10.3 Southeast Drilling Services, Inc. IFB 11/12 -17 State the name of the firm preparing the financial statement and date thereof: This financial statement must be for the identical organization named on page one? If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted by other than the organization named on page one. THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY THE CITY IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE CITY TO REJECT THE BID OR PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERKA6,T.E;;10/kWAA�) AND /OR CONTRACT. ESL.EQ and N /h (Name(s) of Individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: :►GYP''• MICHAEL J WHITMAN *: MY COMMISSION # EE015738 EXPIRES August 09, 2014 (407) 398 -0153 Floridallotaryservice.com (Name of Notary Public: Print, Stamp, or Type as Commissioned.) Personally known to me, or _ Produced identification: (Type of Identification Produced) DID take an oath, or X DID NOT take an oath. Form No. SOQ 25.204 435 -10.4 Southeast Drilling Services, Inc. State of Florida, County of H1L1.bR6 6V6;A . On this 11 day of SEPTEM3ER , 2p! p_ , before me, the undersigned Notary Public of the State of Florida, personally appeared IFB 11/12 -17 COMPLIANCE WITH THE PUBLIC RECORDS LAW, 435 -11 Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers /Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the company submits information exempt from public disclosure, the company must identify with specificity which pages /paragraphs of their bid /proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the company agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the company's documents. /ZX L 09/11/2012 Signat Affiant Date W. B. Zi gl President Type Printed Name of Affiant Title State of Florida, County of Hillsborough On this It day of 6ZpTp ^A 8E2 2012 , before me, the undersigned Notary Public of the State of Florida, personally appeared W B Ziegler and JVA ( Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned.) MICHAEL J WHITMAN y Personally known to me, or _Produced identification MY COMMISSION #EE015738 [-: 407) ±:�� EXPIRES August 09, 2014 (Type of Identification Produced) 3980153 FloridaNcrtaryService.com _ DID take an oath, or x DID NOT take an oath Southeast Drilling Services, Inc. IFB 11/12 -17 Acknowledgement of Receipt of Exempt Public Records and Agreement to Safeguard 00435 -12 I hereby acknowledge for myself and my principal Southeast Drilling Services, Inc. (name of bidder or proposer), (hereinafter referred to as the "recipient') in accordance with the provisions of Florida Statute 119.07(1) and 24(a), Article 1 of the State of Florida Constitution), that any and all documents such as building plans, blueprints, schematic drawings and diagrams, regardless of the status of the documents (draft, preliminary or final) which depict the internal layout and structural elements of a proposed or existing public building, arena, stadium, water treatment facility, wastewater treatment facility, or other structure owned or operated by the City of Sanford that have been provided to the recipient by the City of Sanford are exempt from the Public Records Law of the State of Florida as set forth in the above reverenced law. The recipient hereby acknowledges its obligation to maintain the exempt status of this information and agrees to fully maintain, in every respect, the exempt status of the documents and protect and safeguard the documents from public dissemination. The recipient recognizes that the purpose of this exemption is to protect the City of Sanford, its citizens and the general public from acts of terrorism. The statement of the recipient made herein includes binding representations with regard to the following persons and entities, without limitation: all subcontractors (potential or contracted) of recipient, all employees, agents, officers and any other persons associated with recipient. The recipient shall ensure that all said persons and entities are advised of and agree to protect the exempt nature of the above referenced documents and to safeguard same prior to permitting any of the above said persons or entities to have access to the referenced documents. The recipient may use the referenced documents to make Bids upon an exempt municipal project in coordination with such persons and entities, provided recipient ensures that the exempt status and control of the documents is protected. Listing of specific documents, provided to the Recipient as documented below, which are exempt from the Statutes indicated and as provided above: 1. 2. 3. Recipient: Z?—b Signature r Representing: east Drilling Services, Name of Company Date Printed Name and Title: W B Ziegler, President Solicitation Number: IFB 11/12 -17 Solicitation Title: Hidden Lakes Well No 7 Replacement 5.1208 Exempt Public Records Southeast Drilling Services, Inc. SECTION 00436 IFH 11/12 -17 AFFIDAVIT OF E- VERIFY REQUIRMENTS COMPLIANCE City of Sanford, Florida Name of Project: Hidden Lakes Well 7 Replacement Bid Number /Contract Number: IFB 11/12 -17 I, W. B. Ziegler the duly authorized representative /agent of Southeast Drilling Services, Inc. , hereinafter referred to as Contractor, by this Affidavit attest to the following: 1. That the Contractor is currently in compliance with and throughout the term of Contract Number IFB 11/12 -17 will remain in compliance with Executive Order 11 -02, issued by the Office of the Governor, State of Florida, requiring the use of the Department of Homeland Security's Status Verification ( "E- Verify ") System to ensure that all employees of the Contract and the Contractor's subcontractors performing work under the above - listed Contract are legally permitted to work in the United States. a. Each Contractor that performs work under the Project referenced above shall provide the City of Sanford, Florida, a copy of the "Edit Company Profile" screen indicating enrollment in the E- Verify Program. 2. That the Contractor will register and participate in the work status verification for all newly hired employees of the contractor and for all subcontractors performing work on the above - listed Contract. 3. That the Contractor agrees to maintain records of its compliance with the verification requirements as outlined in this Affidavit and, upon request of the any Authority having jurisdiction over the Project, including, but not limited to, the State of Florida, agrees to provide a copy of each such verification to that Authority. 4. That all persons assigned by the Contractor or its subcontractors to perform work under contract Number IFB 11/12 -17 meet the employment eligibility requirements as established by the Federal Government and the government of the State of Florida. 5. That the Contractor understands and agrees that its failure to comply with the verification requirements as set forth herein or its failure to ensure that all employees and subcontracts performing work under Contract Number IFB 11/12 -17 are legally authorized to work in the United States and the State of Florida constitute a breach of Contract Number IFB 11/12 -17 for which the City of Sanford may immediately terminate the Contract without notice and without penalty. Contractor further understands and agrees that in the event of such termination, the Contractor shall be liable to the City for any costs incurred by the City as a result of the Contractor's breach. 6. That for the purposes of this Affidavit, the following definitions apply: "Employee" — Any person who is hired to perform work in the State of Florida. "Status Verification System" — the procedures developed under the Illegal Immigration Reform and Immigration Responsibility Act of 1996, operated by the Department of Homeland Security and known as the "E- Verify Program ", or any successor electronic verification system that may replace the E- Verify Program. 00436 Southeast Drilling Services, Inc. [Balance of this page intentionally blank; signatory page follows] DATED this 9th day of September 20 12 . Southeast Drilling Services Inc. Contractor Name By: ) �' / /Zd Prin ame' _ R 7�PQIPr Title: Prpciripnt STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that, on this 9 day of S Tpj)N%ER 20 _L? , before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared La 'R �R / Cal �2 , X who is personally known to me or _ who has produced as identification. HAEL J WHITMAN ^" MY COMMISSION # EE015738 Print Name EXPIRES August 09, 2014 Notary Public in and for the County (407) 345 -0153 FloddaNcoryservice.com and State Aforementioned My commission expires: 00436 Southeast Drilling Services, Inc. PROJECT NO. IFB 11/12 -17 SECTION 00440 TRENCH SAFETY STATEMENT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The bidder further identifies the cost of compliance with the applicable trench safety standards as follows: Trench Safety Measure (Description) Units of Measure LF, SY Unit Quantify Unit Cost Extended Cost A. B. C. D. TOTAL: NOTE: The total cost shown herein is already included in the various items in the Total Bid Price in the Contractor's Proposal and is not additional to the pricing shown on the Bid Form. Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards. Failure to complete the above and submit with the Bid Form along with other required bidding documents, may result in bid being declared non- responsive. NOTE: BEFORE EXECUTION CONTRACTOR IS REQUIRED TO REVIEW SECTION 00430. 00440-1 7/11 Southeast Drilling Services, Inc. PROJECT NO. IFB 11112 -17 Submitted, signed and seal d this �� day of , 2 CONT CTO ATURE By: W. . egler President Printed Na Title 10614 E. US Highway 92, Tampa, FL 3 3610 -5972 Business Address ATTEST: Signature (f U v Seal NOTE: If the Contractor intends to install pipe by some other method than trenching Linder the definitions found in the Florida Trench Safety Act (90 -96, Laws of Florida), he shall So indicate by outlining in the space provided below the method he proposes and how it will comply with the Florida Trench Safety Act and related OSHA Standards for the Owner's evaluation. The Cost of accomplishing the work by any alternate methods to trenching is included in the bid prices shown in the Contractor's Proposal. Outline of Alternate Method: Submitted, signed and sealed this day of 2011. CONTRACTOR SIGNATURE By: Printed Name Title Business Address ATTEST: Signature Seal END OF SECTION 00440-2 7/11 Southeast Drilling Services, Inc. PROJECT NO. IFB 11/12 -17 Monday, Wednesday and Friday from 9:00 AM -12:00 Noon. E. Fingerprint cards shall be sent to: Criminal Justice Information Services Post Office Box 1489 Tallahassee, Florida 32302 -1489 F. The ORI number directs the report to be returned to the City of Sanford. The Contractor shall not request the report to be returned to the Contractor. Only the fingerprint card(s) and the indicated payment are to be placed in the envelope. No cover letter or other instructions are to be included. Only a report(s) sent directly to the City of Sanford by the FDLE will be accepted as valid. IF A CONTRACTOR OR CONTRACTOR'S EMPLOYEE REFUSES TO AUTHORIZE THE RELEASE OF THEIR ADDRESS, SOCIAL SECURITY NUMBER, LICENSES AND /OR TO PARTICIPATE IN THE CRIMINAL HISTORY RECORD CHECKS WHEN REQUIRED BY THE CITY, THEY SHALL NOT BE ALLOWED TO WORK OR CONTINUE TO WORK IN OR ON SUCH CRITICAL POSITION(S) OR PROJECT(S). REPORTS WHICH REFLECT INCIDENTS IN AN INDIVIDUAL'S BACK GROUND WILL BE ADDRESSED AND RESOLVED ON A CASE BY CASE BASIS. END OF SECTION 00470-2 Southeast Drilling Services, Inc.