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1658 SE Drilling Services IFB 13/14-12 Hidden Lk Well #8 SFr, lbK (6), ciVNTIOF R(b Monday, May 12, 2014 y) —1877 C ,r„; PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM A . To: City Clerk/Mayor RE: Southeast Drilling Services, Inc IFB 13/14-12 Hidden Lake Well No. 8 The item(s)noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ayor's signature ❑ Final Plat (original mylars) U ' - e =' ❑ Letter of Credit Al Render' g - ❑ Maintenance Bond 'O: Safe keeping (Vault) ❑ Ordinance • •epu • ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ City Clerk Attest/Signature Once completed,please: ❑ Return originals to Purchasing ❑ Return copies Special Instructions: Mari yob. Oroto-Plez From �J Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc DATE: 03/27/14 PURCHASE ORDER PO NUMBER 033842 CITY OF SANFORD P.O. BOX 1788 PURCHASING OFFICE:407.688.5030 (300 NORTH PARK AVENUE) SUBMIT INVOICES TO:ACCOUNTS PAYABLE ACCOUNTS PAYABLE:407.688.5020 SANFORD, FLORIDA 32772 FINANCE DEPT. FACSIMILE:407.688.5021 FLORIDA TAX EXEMPT NO.:858012621681C-8 P.O.BOX 1788 SANFORD,FL 32772 VENDOR NO.: 11855 TO: SHIP TO: SOUTHEAST DRILLING SERVICES, I CITY OF SANFORD 10614 E US HIGHWAY 92 300 N. PARK AVENUE TAMPA, FL 33610 SANFORD, FL 32771 DELIVER BY TERMS F.O.B.DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/14 NET/30 64220 ACCOUNT No.: 452-4530-536 . 63-00 PROJECT NO.: DW 11 O 7 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER-CITY OF SANFORD UNIT OF ITEM NO. DESCRIPTION QUANTITY ISSUE UNIT COST EXTENDED COST 1 HIDDEN LAKE WELL 8 EMERGENCY 442250 . 00 NA 1. 00 442250 . 00 PROCUREMENT DW1107 SRF DW590120 SUB-TOTAL 442250 . 00 TOTAL 442250 . 00 8F1U COPY //, APPROVED B /��'/ � APPROVED BY: -.MEW / 4!1'A IN f ENT Y , GER ALL PACKAGES AND INVOICES ASSOCIATED TH 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.GOV/DEPARTMENTS/PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING NMI% WS RM `•� 4 Item No. GE —1877= •°I CITY COMMISSION MEMORANDUM 1 4064.E MARCH 10, 2014 AGENDA TO: Honorable Mayor and Members of the City Co v. ''ssion PREPARED BY: Paul Moore, Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Emergency Procurement for Hidden Lake 1 ell No. 8 Replacement SYNOPSIS: Approval of Southeast Drilling Services, Inc. (Southe. t) to provide services to abandon a contaminated City well (Hidden Lake No. 8) and to replace it with a larger production well to include a direct purchase of a power generator for the new well using emergency procurement procedures is requested. FISCAL.ISTAFFING STATEMENT: The cost for the new well construction and abandonment of the old well is $442,250.00. The new 125 kw generator will cost $63,520.00 bringing the total project cost to $505,770. Funds for this project are approved under the City's State Revolving Funds (SRF)DW590120. BACKGROUND: The Hidden Lake well field is very old (1961-1984) and has experienced failures. Two of the wells were contaminated with bacteria. After several months of water quality research using City staff and a hydro geologist expert from Cardno-Entrix, it was the consultants recommendation to abandon Well No.11 and to replace the low production Well No. 8 with a high production new well. The new well is expected to produce about 2 million-gal of source water per day. This new well is needed to accommodate new improved treatment facility flow at Plant No. 2. Due to the seriousness and sensitive nature of the current situation, the Florida Department of Environmental Protection (FDEP) has approved the use of emergency procedures to effect the subject procurement. The City requested Cardno-Entrix to assist in the evaluation of three quotes from licensed drilling contractors who are active in this area. As a result of that evaluation and review, the proposal is the lowest priced proposal and is consistent and competitive with this type of work. Southeast is currently replacing another city well (Well#7)in this well field. The 125 kw generator will be purchased using the Florida Sheriff Association's Contract No. 13- 11-0904 at a price of $63,520.00 realizing a savings of $3,811.20 as tax recovery for that procurement. LEGAL REVIEW: The City Attorney prepared the agreement and has reviewed the documents. RECOMMENDATION: It is staff's recommendation that the City Commission approve the attached agreement with Southeast for the total amount of$442,250.00 and to approve a direct purchase of the generator in the sum of$63,520.00. SUGGESTED MOTION: "I move to approve the agreement with Southeast Drilling Services, Inc., for the total amount of $442,250 and approve a direct purchase of a 125 kw generator in the sum of $63,520 for the Hidden Lake Well No. 8 replacement." Attachments: 1. Emergency Justification Request Form for Hidden Lake Well No. 8 Replacement 2. Email from FDEP allowing SRF DW590120 funds to be used for this work 3. Previous Hidden Lake Well #7 replacement bid showing Southeast as the lowest bid for similar type of work 4. Letter from Cardo-Entrix recommending Southeast for this work as the most qualified and competitive contractor 5. Three(3) quotes from licensed contractors 6. Copy of Sherriff's Association Bid Award No. 13-11-0904 for generator 7. Agreement 1/43-i& 11-1 RmctE. Hernandez, Migdalia From: Panchakarla, Venkata <Venkata.Panchakarla @dep.state.fl.us> Sent: Thursday, February 13, 2014 3:59 PM To: Hernandez, Migdalia Subject: RE: Letter of explanation for Emergency Well Installation Hi Migdalia— Good morning! After reviewing all the information provided, under the circumstances, in abundance of caution to prevent further hardship to the City and any potential adverse impacts to the people it serves, it has been decided to allow the City to use emergency procurement process to procure this contract. Please submit the design and contract documents for review and approval, making sure that the contract documents contain standard General Conditions and FDEP Supplementary Conditions and that the whole set is signed and sealed. Once all the required documents for the procurement are submitted, we will issue the ATA as expeditiously as possible. Please do not hesitate to contact me if I could be of further assistance to you in this regard. Thanks, Venkata O From: Hernandez, Migdalia [mailto:hernandm @sanfordfl.gov] Sent: Wednesday, February 12, 2014 11:50 AM To: Panchakarla, Venkata Subject: FW: Attachment B From: printer @sanfordfl.gov [mailto:printer @ sanfordfl.gov] Sent: Wednesday, February 12, 2014 11:49 AM To: Hernandez, Migdalia Subject: Sent from CM2320nf MFP From: Hernandez, Migdalia [mailto:hernandm @ sanfordfl.gov] Sent: Wednesday, February 12, 2014 11:25 AM To: Panchakarla, Venkata Subject: RE: Letter of explanation for Emergency Well Installation Good morning Venkata and thank you for your prompt review. Regarding your questions, I will try to answer to the best of my knowledge: 1 o (A J ON) (Nn A o W N NJ N O (O (P J N N A W N - O CO (D J W N A W NJ -. OZ H m M07, NJ 0 0 C a p 03 n D d °a ; m r r • o ,� c m D w o N m o ° m m N o m m o c oQ c a, m m c r -s o O - X o Q m N 9) O 0 Q = m d N O = O S ? 7 O i N- ? 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O N O N N N O O O O O O N N N J -> O O N O O A O • 0 0 0 0 (n O o 0 0 0 0 0 0 0 0 0 0 0 o N N N N o 0 0 0 0 m Oz O • 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 N O 0 N o 0 0 0 0 -10 0 . 6666 0 0 0 0 0 0 0 o O o 0 0 0 o O o 0 0 0 0 0 0 0 o n > o • O o 0 0 0 0_0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m r pRoi% WS RM o Item No. =-1877-4 r:r CITY COMMISSION MEMORANDUM 14,064.E MARCH 10, 2014 AGENDA To: Honorable Mayor and Members of the City Co 'ssion PREPARED BY: Paul Moore,Utility Director SUBMITTED BY: Norton N. Bonaparte,Jr., City Manager SUBJECT: Emergency Procurement for Hidden Lae ell No. 8 Replacement SYNOPSIS: Approval of Southeast Drilling Services, Inc. (Southea t) to provide services to abandon a contaminated City well (Hidden Lake No. 8) and to replace it with a larger production well to include a direct purchase of a power generator for the new well using emergency procurement procedures is requested. FISCALISTAFFING STATEMENT: The cost for the new well construction and abandonment of the old well is $442,250.00. The new 125 kw generator will cost $63,520.00 bringing the total project cost to $505,770. Funds for this project are approved under the City's State Revolving Funds (SRF)DW590120. BACKGROUND: The Hidden Lake well field is very old (1961-1984) and has experienced failures. Two of the wells were contaminated with bacteria. After several months of water quality research using City staff and a hydro geologist expert from Cardno-Entrix, it was the consultants recommendation to abandon Well No.11 and to replace the low production Well No. 8 with a high production new well. The new well is expected to produce about 2 million-gal of source water per day. This new well is needed to accommodate new improved treatment facility flow at Plant No. 2. Due to the seriousness and sensitive nature of the current situation, the Florida Department of Environmental Protection (FDEP) has approved the use of emergency procedures to effect the subject procurement. The City requested Cardno-Entrix to assist in the evaluation of three quotes from licensed drilling contractors who are active in this area. As a result of that evaluation and review, the proposal is the lowest priced proposal and is consistent and competitive with this type of work. Southeast is currently replacing another city well(Well#7)in this well field. The 125 kw generator will be purchased using the Florida Sheriff Association's Contract No. 13- 11-0904 at a price of $63,520,00 realizing a savings of $3,811.20 as tax recovery for that procurement. LEGAL REVIEW: The City Attorney prepared the agreement and has reviewed the documents. RECOMMENDATION: It is staff's recommendation that the City Commission approve the attached agreement with Southeast for the total amount of$442,250.00 and to approve a direct purchase of the generator in the sum of$63,520.00. SUGGESTED MOTION: "I move to approve the agreement with Southeast Drilling Services, Inc., for the total amount of 442 250 and approve a direct purchase of a 125 kw generator in the sum of $63,520 for the $ � pp p Hidden Lake Well No. 8 replacement." Attachments: 1. Emergency Justification Request Form for Hidden Lake Well No. 8 Replacement 2. Email from FDEP allowing SRF DW590120 funds to be used for this work 3. Previous Hidden Lake Well #7 replacement bid showing Southeast as the lowest bid for similar type of work 4. Letter from Cardo-Entrix recommending Southeast for this work as the most qualified and competitive contractor 5. Three(3)quotes from licensed contractors 6. Copy of Sherriff's Association Bid Award No. 13-11-0904 for generator 7. Agreement Rni cQoE Hernandez, Migdalia From: Panchakarla, Venkata <Venkata.Panchakarla @dep.state.fLus> Sent: Thursday, February 13, 2014 3:59 PM To: Hernandez, Migdalia Subject: RE: Letter of explanation for Emergency Well Installation Hi Migdalia— Good morning! After reviewing all the information provided, under the circumstances, in abundance of caution to prevent further hardship to the City and any potential adverse impacts to the people it serves, it has been decided to allow the City to use emergency procurement process to procure this contract. Please submit the design and contract documents for review and approval, making sure that the contract documents contain standard General Conditions and FDEP Supplementary Conditions and that the whole set is signed and sealed. Once all the required documents for the procurement are submitted,we will issue the ATA as expeditiously as possible. Please do not hesitate to contact me if I could be of further assistance to you in this regard. Thanks, Venkata O From: Hernandez, Migdalia [mailto:hernandm@&sanfordfl.gov] Sent: Wednesday, February 12, 2014 11:50 AM To: Panchakarla, Venkata Subject: FW: Attachment B From printer @sanfordfl.gov [mailto:printer@sanfordfl.gov] Sent: Wednesday, February 12, 2014 11:49 AM To: Hernandez, Migdalia Subject: Sent from CM2320nf MFP From: Hernandez, Migdalia [mailto:hernandmc sanfordfl.gov] Sent: Wednesday, February 12, 2014 11:25 AM To: Panchakarla, Venkata Subject: RE: Letter of explanation for Emergency Well Installation Good morning Venkata and thank you for your prompt review. Regarding your questions, I will try to answer to the best of my knowledge: 1 - N N N N N -.1 N N N N --' . . . . . . 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G EA O O O O O (T O O W W O w Ut N EA N EA o A V 0 D m Q1 0 0 0 0 00000 0 0 0 N o 0 0 0 0 A W N OJ N 0 0 O) o x c W 00000 000000000000000 6) 0 0 0 0 0 Z N CO 66666 0 666666666666666666666660 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 o m -i Z n m Z -1 EA EA m EA EA EA W EA EA EA EA EA EA w Z) A fl A A NJ Q A V A A A A) U A (A n N A N A N A A N A N N N O w A O A A V UUN A V O N N T W W W N O W V v.A W W o W - N N O O o 0 V (T O (T O O U O O n n N W O A V 0 O A O O O O O O 70 o o o 0 0 0 0 0 0 0 0 O O O N o V 0 0 O U0 m co 0 0 o 0 0 0 0 0 o O O o o O o O O o 0 0 o O N O (n o 0 o O o -1 m 000000 c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n D 0 0 0 0 0 0 000000000000000000000000 m r EA cn EA EA EA oo (NJ� 0 N fA - O EA EA EA EA EA EA EA EA ,0000-•-66-0-6 _ O N N A N N EA 69 fA P N 0 EA Efl N O o 000(P (n A A W O O O Ut EA EA EA N O o 0 0 ' 0 0 00 0 0 0 0 00 0 0 0 0 0 0 0 0 00 0 0 0 (An 0 0 0 0 00 0 0 Z m 66666 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 71 00000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m -i m In O _ m N,�� CD W EA EA Z r T EA ; C EA EA; A EA EA A W N CA O N 0 0 0 W v O N (PA N N O CA N ( V N O N 0 0(n r Z -0-66-0-6-6 N (.,O W O O o (n (n 0 !P o 0 0 0 A W o N (n 0 0 0 0 . 0. 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 , 0 0 00. 000 0 0 0 0 0 0 0 0 0 0 O 0 0 O 0 (n Ut 0 0 0 0 0 0 0 1 666666 0 0 0 0 O 0 O O o 0 0 0 0 0 0 0 0 o O O o O o o 0 > 0 0 0 0 0 0 0 0 o O o 0 0 0 o O o 0 0 0 0 0 0 0 0 o O o 0 o m r 73 69 EA EA fA 0 N EA 96A -• W69 -‘6969E969 N EA EA W EA EA EA C C o N O N N N W V N V EA V3 EA N N W EA EA EA O N (]t_ m —0(n O O 0 (n O U, (n (n O O N N N O (71 O (n 0 0 D co V 0 0 0 0 00000000 (n (n (n 0 0 0 (n (O (n v o o O o o 00000 00000000000000000000000 6166661 666666666666666666666660 Z 13 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m q r r z fA Efl N fA EA A G A A A N A fl A A A A A A CD Efl N EA A V W fA EA ffl Efl Efl ffl N NJ W EA fA[fl 0 W O N O(n A N N W V N V O (n O) O (n N O) O U) W CD Cn O N (n fD A 0 Ut o 0 O (n O (n V1 (n 0 0 0 0 0 0 (n Ut O) V 0 0 (n O O O 0 0 0 0 0 (T O o 0 0 0 0 0 0 0 0 0 0 0 o N Ut(n N O o 0 0 0 - Oz 0 0 0 0 0 0 0000 0 0 0 0 0 0 0 0 0 0 0 (n O O 0 0 0 0 0 0 -10 0 0 0 0 0 0 6666666666666666666666605 D 000000 0 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0.0.0 0 0 0 0 0 o m r -, M Cardno ENTRIX Shaping the Future February 17, 2014 Cardno ENTRIX 3460 Fairlane Farms Rd. Ms. Migdalia Hernandez Suite 8 Water Resources Engineer, Utilities Dept. Wellington,FL 33414 City of Sanford USA P.O. Box 1788 Phone 561 791 6912 Sanford, FL 32772 Toll-free 800 368 7511 Fax 561 791 6915 www.cardno.com Subject: Bid Evaluation for Hidden Lakes Production Well 8 Replacement Well Rehabilitations and Prioritized Well Replacement Program www.cardnoentrix.com City of Sanford Utilities, Seminole County, Sanford, Florida Dear Ms. Hernandez: Cardno ENTRIX has reviewed the three (3) enclosed, contractor bid responses for the replacement of Hidden Lakes (HL)Wellfield's Production Well 8H: • Killebrew, Inc. • Southeast Drilling Services, Inc. • Youngquist Brothers Inc. There are perhaps five (5), licensed contractors working in the area with the ability to complete all aspects of the construction work specified, and Killebrew, Inc., Southeast Drilling Services and Youngquist Brothers are considered among the most qualified firms. However, Youngquist Brothers could not meet the start date for this project due to a conflict with rig availability, and therefore submitted a"No Bid" notification. The bids received are consistent with the type of work specified, and the two bid quotes are competitive. Australia • Belgium • Canada • Ecuador • Indonesia • Kenya • New Zealand • Papua New Guinea Peru • United Arab Emirates • United Kingdom • United States • Operations in 70 countries 2 (dr, Cardno Ms. Migdalia Hernandez ENTR/X February 17,2014 Shaping the Future If you have questions or comments regarding this evaluation, please do not hesitate to contact me or John Mayhut. Sincerely, f , /, t Michael Waldron, P.G. John A. Mayhut Senior Consultant/Hydrogeologist Project Hydrogeologist for Cardno ENTRIX for Cardno ENTRIX Direct Line: 561 719 2421 Direct Line: 239.829.7015 Email: michael.waldroncardno.com Email: iohn.mavhut(c�cardno.com Enc: Bid Proposals(3) File: 04378001.02—Sanford Wellfeld EvaluationVnjw_sanford_HL8R bid reviews_021714 www.cardnoentrix.com Killebrew, Inc. ILLEBREW,INC. P.O. Box 6258 Lakeland, e Development,Utility Construction&Engineering 0 tel: (8663)) 7 FL 33807 01-0273 fax: (863) 701-0621 PROPOSAL PRICED PER ENGINEERS RECOMMENDATIONS DATE: February 3, 2014 TO: City of Sanford ATTN: Migdalia Hernandez REF: Hidden Lake Well field Rehab. DESCRIPTION QTY UNIT$ TOTAL 1 Mobilization/ Bonding & Insurance 1 LS $69,705.00 $69,705.00 2 Site Preparation and Access 1 EA $5,200.00 $5,200.00 Well Site#8 1 Pilot hole drilling 355 VF $33.00 $11,715.00 2 Casing (24" black steel) 60 VF $288.00 $17,280.00 3 Well casing (17.4"certalok pvc) 225 VF $230.00 $51,750.00 4 Open hole drilling (15") 180 VF $52.00 $9,360.00 5 Cement grout 20 CY $633.00 $12,660.00 6 Geophysical & Video logging 1 LS $8,900.00 $8,900.00 7 Well development 24 HR $355.00 $8,520.00 8 Development& pump test 1 EA $15,525.00 $15,525.00 9 Step down test 4 HR $460.00 $1,840.00 10 Constant rate test 8 HR $460.00 $3,680.00 11 Water Quality Analysis 1 EA $6,500.00 $6,500.00 12 Concrete pads and pipe supports 1 EA $11,500.00 $11,500.00 13 Concrete well pump foundation & sample port 1 EA $5,800.00 $5,800.00 14 Furnish & Install Pump and motor 1 EA $63,300.00 $63,300.00 15 10"Above ground piping, fitting, valves &flow meter 1 EA $22,090.00 $22,090.00 16 Yard Piping and WM connection 1 EA $7,560.00 $7,560.00 17 Electrical work 1 EA $38,000.00 $38,000.00 18 Install 125KW Generator 1 EA $19,500.00 $19,500.00 19 Pull existing Well Pump and abandon existing Well 1 EA $20,200.00 $20,200.00 20 Start up 1 EA $5,500.00 $5,500.00 21 Site restoration & Fencing 1 EA $11,300.00 $11,300.00 22 125KW Generator 1 EA $63,520.00 $63,520.00 Deduct for City direct purchase of the 125KW Gen. 1 EA -$63,520.00 TOTAL: $427,385.00 Well Site#11 1 Pull existing Well Pump and abandon existing Well 1 EA $23,770.00 $23,770.00 Grand Total: $451,155.00 Notes 1 Well testing discharge is priced pumping to the same location as Well 7R at Lake Ada. 2 Power Company fees not included. 3 SJRWMD Construction permits are included. 4 Water Use Permit modification not included. 5 Well is priced on a unit price basis. 6 City to furnish well disinfection and bacteriological cleaning.(2-week sampling) James Dickerson Page 1 of 1 Southeast Drilling Services, Inc. February 7, 2014 Ms. Tara Lamoureux, EI City of Sanford 300 N Park Ave Sanford,FL 32771 Re: Well No. 8 Emergency Replacement Revised Proposal B Dear Ms. Lamoureux, Southeast Drilling Services, Inc is pleased to provide our revised proposal based on information provided by the City for the emergency replacement of the referenced production well and associated facilities. This includes the plumbness and alignment test. Our scope of services for this work effort is outlined below and contained in the drawings and specifications provided by the City: 1. Drill new production well No. 8 2. Abandonment of existing Wells 8 & 11 3. Provide and install new Goulds 12FDLC 3 stage VTP and motor(1,500 gpm @ 110 ft TDH) 4. Above ground piping to match existing layout 5. Underground piping and connection to RWM 6. Painting 7. Concrete pads (well pump base,well pad,pipe support pedestals, and generator pad) 8. Generator(to be direct purchase by City and installed and wired by Southeast, 100 gallons of fuel included) 9. Electrical service to include a. Disconnect of existing service b. Connection of new service c. Conduit and wire d. New rack for panels e. New 60 hp NEMA 3 control panel with FVNR starter f. Generator transfer switch g. Wiring and connection of well pump motor and new generator h. RTU to be relocated from existing location i. Mini power supply and light fixture D:\WORKING\SED\PROIECTS\SANFORD 2012\CHANGE ORDERS\WELL S\L2-7-14 LAMOUREUX-DOC 1 19Lucina Drive, Hypoluxo, FL 33462 (561) 493-9832 FAX (561)493-5140 www.Southeastdrilling.net Excluded from Scope 10. Permits other than Well and Electrical 11. Bacteriological clearance of well or pipeline 12. Site Restoration Our proposal is attached for your review. This work effort anticipated duration is 135 days from notice to proceed. Drilling equipment should be available the first week in March. Also in order to meet this restricted time frame all electrical, generator and pump components must be released upon NTP. If Southeast should be contracted for this work, we would like to process submittals in advance of NTP for immediate release. Should you have any questions with this matter,please do not hesitate to call me at(813) 968-7277 or(813)390-0172. Sincerely, W. B. Ziegler,P.E. President Cc: File D:\WORKING\SED\PROJECTS\SANFORD 2012\CHANGE ORDERS\WELL L2-7-14 LAMOUREUX.DOC 1 19Lucina Drive, Hypoluxo, FL 33462 (561) 493-9832 FAX (561)493-5140 www.Southeastdrilling.net City of Sanford Emergency Installation of Well No. 8 Preapred By:Southeast Drilling Service,Inc.Revision A Item No. Description Estimated p Unit Unit Price Item Total Quantity 1 Indemnification of Owner&Engineer 1 LS $1,000.00 $1,000.00 2 Performance and Payment Bonds 1 LS $25,000.00 $25,000.00 3 Insurance and Administrative Costs 1 LS $30,000.00 $30,000.00 4 Mobilization/Demobilization 1 LS $40,000.00 $40,000.00 5 Surface Casing(24"black steel)-Installed 60 LF $250.00 $15,000.00 6 Pilot Hole Drilling(6"minimum measured from the base 355 LF $30.00 $10,650.00 of the surface casing) 7 Well Casing(17.4"CertaLok PVC)-Installed 225 LF $80.00 $18,000.00 8 Open Hole Drilling(15 inches) 180 LF $45.00 $8,100.00 9 Cement Grout—Installed 20 CY $550.00 $11,000.00 10 Geophysical Logging 1 LS $5,000.00 $5,000.00 11 Video Logging 1 LS $5,000.00 $5,000.00 12 Install and Remove Discharge Line 1 LS $15,000.00 $15,000.00 13 Well Development 24 HR $300.00 $7,200.00 14 Step Drawdown Test 4 HR $400.00 $1,600.00 15 Constant Rate Discharge Test 8 HR $400.00 $3,200.00 16 Inorganic Water Quality Analysis 1 LS $2,500.00 $2,500.00 17 Water Quality Analysis(Table 02522) 1 LS $2,500.00 $2,500.00 18 Disinfection&Bacteriological Clearing 0 LS $4,000.00 $0.00 19 Plumbness&Alignment Test 1 LS $1,000.00 $1,000.00 20 Concrete Pad and Flange Cap 1 LS $5,000.00 $5,000.00 21 Perform Surveying I LS $2,500.00 $2,500.00 22 Furnish and Install Vertical Turbine Pump&Motor with 1 LS $50,000.00 $50,000.00 Appurtenances 23 Install Fence and Gate 1 LS $1,500.00 $1,500.00 Subtotal $260,750.00 Add Deducts 24 Straddle Packer test with Water Quality Analysis 0 EA $6,000.00 $0.00 25 Demolition of Existing Well House 8,pump base and slab 1 LS $10,000.00 $10,000.00 26 Demolition of pump base and slab well 11 1 LS $10,000.00 $10,000.00 27 Pull Existing Well Pump 2 LS $10,000.00 $20,000.00 28 Log&Abandon Existing Well 8& 11 2 LS $20,000.00 $40,000.00 29 Limerock Gravel 0 CY $100.00 $0.00 30 Aboveground piping and appurtenances 1 LS $21,000.00 $21,000.00 31 Belowground piping and RW tie-in 1 LS $23,000.00 $23,000.00 32 Additional Concrete Pads 1 LS $7,500.00 $7,500.00 33 Electrical I LS $35,000.00 $35,000.00 34 Generator installation,tie down,fuel and connection 1 LS $15,000.00 $1 5,000.00 35 125 KW Generator(Owner Direct Purchase,amount to I LS $67,698.00 $67,698.00 be deducted from proposal,price includes sales tax a;7%) Subtotal $249,198.00 Owner Direct Purchase(Generator) 1 LS ($67,698.00) ($67,698.00) Total Proposal $442,250.00 A r 440000000.001101.mmeaftftitio Youngquist Brothers, Inc. ht, 15465 Pine Ridge Road Fort Myers,FL 33908 (239) 489-4444/Fax (239) 489-4545 February 13,2014 Mr. Michael Waldron,P.G. Cardno-Entrix 3460 Fairlane Farms Road, Suite 8 Wellington,FL 33414 RE: City of Sanford—Hidden Lake Wellfield Rehab Dear Mr. Waldron, Youngquist Brothers Inc. appreciates the opportunity to offer a quotation on the above described project. We must respectfully decline due to the time frame(135 days)in which the project must be completed. Our current workload and equipment commitments are such that we cannot reliably commit to such a time-frame. We trust you will keep us in mind for future opportunities. We wish you and the City of Sanford well on this project. Please contact me should you need anything additional. Sincerely, C.W. (3IU) Mw. .Lwhitei YOUNGQUIST BROTHERS,INC. C.W. (Bill)Musselwhite Vice President BID AWARD ANNOUNCEMENT - 4 Effective Dates: October 1, 2013- September 30, 2014 OFF-ROAD UTILITIES, MEDIUM/HEAVY TRUCKS, & OTHER FLEET EQUIPMENT Participating Sheriffs Offices & Local Governmental Agencies of the State of Florida Coordinated By The Florida Sheriffs Association & Florida Association of Counties 0 �v� FAC os yRsf o L ' `;* *;;' FLORIDA v �� L1A11(0N 01 �►��;ya Al r�i� COUNTIES �/\" All About Florida ® TRADEWINDS POWER CORP Filters Pump Sets 600 St. Road 66 • Sebring, Florida 33875 Power Units Tel 863-382-2166 • FAX 863-382-1206 Generator Sets www.tradewindspower.com • www.perkinspower.corn Automatic Engine Controls Tradewinds Power Corp Bid No . 13 - 11 -0904 Specification No . #48 125KW GENERATOR PACKAGE .4.4 < 44: 0 II I Agi. TRADEWINDS vii, POWER iv Filters Pump Sets 5820 NW 84th Avenue Miami,Florida 33166 Power Units Tel 305-592-9745 FAX 305-592-7461 Generator Sets www.tradewindspower.com Automatic Engine Controls TO: City Of Sanford P.O. Box 1788 Quotation#PS23930Q r1 Sanford, FL 32772-1788 November 21,2013 Tel: (407)-417-7733 Fax: (407)-302-2548 Attn: Mr. Richard Casella Sanford Well#8 • We are pleased to offer this Quotation as detailed below 1410101rrit:::... :. Qescription.... ! .,. : .... ...... ...... 4ch.:.:::00,0ed:: 1 Model TJ125 Base Awarded Tradewinds Generator Set under FSA contract 34,5781 34,5781 No. 12-10-0905,Spec#045 Low Bid. • • Cost adder for Model TJ125-TP-FS Tradewinds Total Pac Generator Set; 21,025 21,025; 1125 KW (156 KVA) Emergency Standby • • • • 1277/480 Volts[reconnect able], 60 Hz,Three Phase,0.8 Power Factor (Amp Load Capacity: 188; Load Bank tested. !Perkins Diesel engine, Model 1106D-E66TAG2 Tier 3 @ 1800 RPM complete with 12 Volt Electrics, Radiator&Guard Brushless Single Bearing Alternator with Automatic Voltage Regulator and Vibration Mounts I Tradewinds Deluxe Digital Instrument/Control Panel with Safety Shutdowns Complete with DC Voltmeter, Hour meter, Oil and Temperature Gauges !Frequency Meter,Ammeter&Voltmeter with Phase Selector Switch, Engine 1 • I • Cool Down Timer, Remote"E"Stop Contacts, Remote Auto Start Control, Low • • I •• Fuel Level Alarm,J- 1939 Code readout, NFPA 110 Compliant,On/off Switch, 13 D.C. Breakers, 1 A.C. Breaker, and Emergency Push Button. I I SCADA interface terminal strip for major interface points. Optional Equipment included in above pricing: Battery Rack and Cables Battery Charger installed and wired to duplex electrical box that is wired to ! incoming service feed with fuses. Critical Silencer mounted in front of package with vertical discharge • Steel Flex Exhaust Connection Initial fill of oil and antifreeze Water and Oil drain lines with brass ball valves located inside enclosure. Heavy Duty Canister Type Air Cleaner I Jacket Water Heater,Thermostatically controlled installed and wired to • Duplex electrical box that is wired to incoming service feed with fuses. • • 300 gal, Double Wall, UL Approved Subbase Fuel Tank With Leak Detection . Mechanical fuel level gauge, low fuel level alarm and sender, internal fuel fill 9 9 , • all other necessary fittings, and corrosion r es i sta n t finish.h • . .. • Total- P ac Enclosure osur con st r ucted from a continuous roof, .090 aluminum White powder coat paint, stainless steel hardware,and keyed alike doors. • • Generator control panel and Transfer switch controls in single panel • A. (1) 200amp,Thomson Open Style Transfer Gen Switch B. (2)200amp,Circuit Breaker Type,Stainless Steel Service Disconnects Switches prewired and installed using UL rated THHN wire sized for 200 amps of continuously. Both to be mounted on Right hand side of machine. Full Load Factory test One(1)complete operation and maintenance manual Two(2)year,Standby Warranty • Net cost adder to increase the fuel tank size to 500 gallons, add fuel tank alarm, I 7,917 7,9171 upgrade to DVR 2000 E with PMG voltage regulator,Aluminum exhaust rain cap,!, • I I wet battery,customer interface junction box, add FDEP overflow basin container,1 1 1 and provide oversized alternator for heavy motor loads. I (Sub Total, FOB our warehouse, Miami, Florida 63,520: I On-site start-up and load test. Fuel by others Inc.( Inc. !Delivery to Sanford, Fl.Curbside. Off Loading by others. Inc.! Inc. TTradewinds will coordinate with the installing contractor the delivery and start-up to !ensure proper delivery and start-up of the package. !Total 63,520. (State&Local Tax as Applicable [Estimated Shipping date from receipt of order: 10- 12 Weeks :Price Validity: 45 days;15%Cancellation Charge for Restocking. I Wire-Transfer: Tradewinds Power Corp Division of Southeast Diesel Corp F/B/O Wells Fargo Bank Acct# 4945741023 ABA#121000248 Paul Staples SECTION 00520 AGREEMENT FORM PART 1 GENERAL ( 1.01 THIS AGREEMENT, made and entered into the day of /ill rat) 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 119 Lucina Drive, Hypoluxo, FL 33462, 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. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's 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, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the City 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. The Contract Documents include: 1. Executed, Section 00520 -Agreement Form. 2. The Proposal/Bid Submitted by Southeast Drilling Services, Inc. 3. Performance Bond, 00605. 4. Payment Bond, 00610 5. Material and Workmanship Bond, 00615. 6. Trench Safety (Executed Form), 00430 7. Non Collusion Affidavit, 00432 8. Conflict of Interest Affidavit, 00434 9. Public Entities Crime Affidavit , 00436 10. Compliance With the Public Records Law Affidavit, 00438 11. Bidder Qualification Affidavit, 00440 12. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 13. Certification Of Non-Segregated Facilities (Executed Form), 00450 14. Disputes Disclosure (Executed Form), 00452 15. Drug Free Workplace (Executed Form), 00454 16. Unauthorized (Illegal)Alien Workers Affidavit, 00456 17. E-Verify Compliance Affidavit, 00458 18. Americans With Disabilities Act Affidavit, 00460 Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-1 SECTION 00520 AGREEMENT FORM 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. f. 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 Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-12 SECTION 00520 AGREEMENT FORM the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 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. Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-13 SECTION 00520 AGREEMENT FORM 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. 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. Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP- DW59012 Project No. DW 1107 AGREEMENT 00520-14 SECTION 00520 AGREEMENT FORM 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. 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 Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-15 SECTION 00520 AGREEMENT FORM 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. 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. Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-16 SECTION 00520 AGREEMENT FORM 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. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party 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. Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP- DW59012 Project No. DW 1107 AGREEMENT 00520-17 SECTION 00520 AGREEMENT FORM 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 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 Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-18 SECTION 00520 AGREEMENT FORM 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Sc,t$ectS` - 17r-1 (I1 n5 try►(CeS r c. Name of Firm .410 3�iyJi By(Signatur Date (SEAL) 1,0.L Zte � Uice (Vesta-el/1A- Printed Name and Title Hidden Lake Well No.8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-19 SECTION 00520 AGREEMENT FORM ATTEST: 3/0y B (Signature) Y ( g ) Date So r► y a- P . Z i-e f e r^ c - Printed Name dnd Title 1 OWNER: City of Sanford Name of Owner / 3-1 o-r �f By (Signature) I , Date (SEAL) Jeff Triplett, Mayor Printed Name and Title ATTEST: By (Signature) Date Cynthia Porter, City Clerk Printed Name and Title Approved as to form and legal s fficie cy. Wi larYT L. Colbert Date City Attorney END OF SECTION Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No DW 1107 AGREEMENT 00520-20 SECTION 00520 AGREEMENT FORM PART 1 GENERAL )�� X01 y 1.01 THIS AGREEMENT, made and entered into the //)-71-r)' — day of Mara-) , 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 119 Lucina Drive, Hypoluxo, FL 33462, 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. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's 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, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the City 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. The Contract Documents include: 1. Executed, Section 00520 -Agreement Form. 2. The Proposal/Bid Submitted by Southeast Drilling Services, Inc. 3. Performance Bond, 00605. 4. Payment Bond, 00610 5. Material and Workmanship Bond, 00615. 6. Trench Safety (Executed Form), 00430 7. Non Collusion Affidavit, 00432 8. Conflict of Interest Affidavit, 00434 9. Public Entities Crime Affidavit , 00436 10. Compliance With the Public Records Law Affidavit, 00438 11. Bidder Qualification Affidavit, 00440 12. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 13. Certification Of Non-Segregated Facilities (Executed Form), 00450 14. Disputes Disclosure (Executed Form), 00452 15. Drug Free Workplace (Executed Form), 00454 16. Unauthorized (Illegal) Alien Workers Affidavit, 00456 17. E-Verify Compliance Affidavit, 00458 18. Americans With Disabilities Act Affidavit, 00460 Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-1 SECTION 00520 AGREEMENT FORM 19. Criminal Background Check Requirements (If Required for Project by City), 00525 20. Insurance Certificate(s) 21. Notice to Proceed, 00530. 22. Consent of Surety to Final Payment (Executed Form), 00617. 23. Contractor's Application for Payment (Executed Forms), 00625. 24. Certificate of Substantial Completion, 00626. 25. Certificate of Final Completion, 00627. 26. Contractor's Partial Release of Lien (Executed Forms), 00640. 27. Subcontractor's Final Release of Lien (Executed Form), 00641. 28. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 29. Contractor's Release of Lien (Executed Form), 00645. 30. Project Field Order (Executed Form), 00940. 31. Work Directive Change (Executed Form), 00945. 32. Change Order (Executed), 00950. 33. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.02.A.36, but which are included in the Project Documentsl and any additional documents agreed upon by the Parties shall be included as a part of the Contract. These documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. As the documents indicated above are executed, the date of final execution and initials of the individual who received the executed document(s) is to be added to the blank next to the listed document(s) when processed and made a part of the City's official set of Contract Documents. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the Hidden Lake Well No. 8 EMER 13/14-12 DEP- DW59012 Project No. DW 1107. C. Contract Time The Contractor shall begin work after the issuance of a written Notice to Proceed from Owner and shall substantially complete the work within the Contract Time identified in Paragraphs 1.02.C.5 of the Bid Form, which is 105 calendar days. The work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 30 calendar days from the actual date of substantial 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 Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP- DW59012 Project No. DW 1107 AGREEMENT 00520-2 SECTION 00520 AGREEMENT FORM 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 $ 1,000.00 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 ('/4) 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 of Four hundred forty two thousand two hundred and fifty Dollars ($442,250.00) not including the 125 kw generator to be purchased by the City as an ODP item. 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. 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. 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 Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-3 SECTION 00520 AGREEMENT FORM 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. Additional Terms and Conditions 1. 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. 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 Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-4 SECTION 00520 AGREEMENT FORM 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. 8. 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 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 Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-5 SECTION 00520 AGREEMENT FORM 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 pprocedures; , 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 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. f. 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, Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP- DW59012 Project No. DW 1107 AGREEMENT 00520-6 SECTION 00520 AGREEMENT FORM 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. 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. Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-7 SECTION 00520 AGREEMENT FORM 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, Project Manager 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: 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 Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-8 SECTION 00520 AGREEMENT FORM 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 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. Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-9 SECTION 00520 AGREEMENT FORM 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 party 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 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; Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-10 SECTION 00520 AGREEMENT FORM 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. b. 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. Hidden Lake Well No. 8 EMERGENCY 13/14-12 DEP-DW59012 Project No. DW 1107 AGREEMENT 00520-11 SECTION 00840-1 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 Units of Unit Unit Cost Extended (Description) Measure Quantify Cost (LF, SY) #A. 5&■ PE 134-C/4 �.� AD 01 -6° r -°b B. C. D. TOTAL: 46. CO 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. �,.�n Submitted, si ned an. sealed is /1 day of ]i g/t .4-- , f'rt� ` CONTRA r - 4' NATURE By: W.C. Ziegler Vice President• Printed Name Title 10614 East US Hwy 92, Tampa, Florida 33610 Business Address ATTEST: J Signature / / 4 ' / Seal NOTE: If the Contractor intends to install pipe by some other method than trenching under the definitions found in the Florida Trench Safety Act (90-96, Laws of Florida), he shall so indicate Hidden Lake Well No. 8 EMER 13/14-12 DEP-DW59012 Southeast Drilling Services,Inc. Project No. DW 1107 Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 SECTION 00432-1 NON COLLUSION AFFIDAVIT 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 individual signing this document. Southeast Drilling Services, Inc. Bidder ' ,8///// Signature of A on Representative (Affiant) Date W.C. Ziegler , Vice President Printed or Typed Name and Title of Authorized Representative (Affiant) Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 COUNTY OF Hillsborough STATE OF FLORIDA ,�' On this I I day of (1116 , 20 I y , before me, the undersigned Notary Public of the State of Florida, personally appeared W.C. Ziegler 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. He/She is personally known to me or has produced , as identification. (Notary Public in and for the County and State Aforementioned) rY Y ) SEAL My commission expires: END OF SECTION ' �'ar B.MARIE BROOD +°. .`'' Notary Public-State of Florida •. •e"My Comm.Expires Nov 13,2015 "• `�P� Commissio n#EE1 15985 .4 '°'' ''' Bonded Through National Notary Assn. 432-2 Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 SECTION 00434-1 CONFLICT OF INTEREST AFFIDAVIT The Affiant identified below deposes and states that: 1. The below named Bidder is submitting an Expression of Interest for the City of Sanford project named above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the below named Bidder has no financial interest in other entities submitting proposals for the same project. 4. Neither the Affiant nor the below named Bidder 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 Bidder'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 5. Neither the Bidder 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. 6. Neither the Bidder, 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. 7. I certify that no member of the Bidder's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 8. I certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the below named Bidder, will immediately notify the City of Sanford in writing. Southeast Drilling Services, Inc. Bidder J 1f I7 YC/C Signature o uth ed Representative (Affiant) Date W.C. Ziegler ; Vitt_ PPeSta-evk Printed or Typed Name and Title of Authorized Representative (Affiant) Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 COUNTY OF Hillsborough STATE OF FLORIDA On this /1 day of r, 1diviA , 20 1 , before me, the undersigned Notary Public of the State of Florida, personally appeared W.C. Ziegler 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. He/She is personally known to me or has produced , as /Wet/A—es 4A49616° identi i'f cation. (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: / """ B.MARIE BROOD ••SPRY S�i 4 ?_*.—�• Notary Public-State of Florida END OF SECTION . '�-' • My Comm.Expires Nov 13,2015 � =N» iii Q --;: a� ;,.,, Commission#EE 115985 ' Bonded Through National Notary Assn. 00434-2 Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 SECTION 00436-1 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT The Affiant identified below attests to the following: 1. I understand that a "public entity crime" as defined in Section 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 to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2. I understand that "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 crimes, 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 guilty or nolo contendere. 3. I understand that an "affiliate" as defined in Section 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 how 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 (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for 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 thirty-six (36) months shall be considered an affiliate. 4. I understand that a "person" as defined in Section 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 for the provision of goods or services 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. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Note: indicate which of the below statements apply) " Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agent who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to 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 management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order.) I understand that the submission of this form to the City of Sanford is for the city 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 City prior to entering in to a contract in excess of the threshold amount provided in section 287.017, Florida Statues, for category two of any change in the information contained in this form. Southeast Drilling Servi es, Inc. 59-3252801 Bidd le Jamst) 3/iIFEIN No. I Signature of o d Representative (Affiant) Date W.C. Ziegler , Vice President Printed or Typed Name and Title of Authorized Representative(Affiant) COUNTY OF Hillsborough STATE OF FLORIDA ,�,,. ,`,(/��,_, On this I I day of �1Wt '` , 20 1 `t , before me, the undersigned Notary Public of the State of Florida, personally appeared W.C. Ziegler 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. He/She is personally known to me or has produced , as identification. ML221 N6 •(Notary Public in and for the County and State Aforementioned) SEAL My commission expires: END OF SECTION 2O:PR,,'(iB� B.MARIE BROOD Notary Public-State of Florida 00436-2 =!' :•E My Comm.Expires Nov 13,2015 .,�lFj6�p Commission#EE 115985 '�i 1 1i"�,` Bonded Through National Notary Assn. Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 SECTION 00438 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT 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 Bidder submits information exempt from public disclosure, the Bidder 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 Bidder agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the Bidders documents. Southeast Drilling Services, Inc. Bidder 3/11titi Signature ukfc zed Representative (Affiant) ate W.C. Ziegler , Vice President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Hillsborough STATE OF FLORIDA �� I' On this I \ day of n�✓lkc 1'/�- , 20 ILI , before me, the undersigned Notary Public of the State of Florida, personally appeared W.C. Ziegler 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. He/She is personally known to me or has produced , as identification. r `, (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: — — — — — END OF SECTION B.MARIE BROOD ♦ ♦ pYP B, * -r.` •, Notary Public-State of Florida • •. •� ;•e My Comm.Expires Nov 13.2015 ' ii9r�—.■-„ Commission#EE 115985 �''%'' ''' Bonded Through National Notary Assn. I Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. - 1 Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 SECTION 00440-1 BIDDER QUALIFICATION AFFIDAVIT State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which the Bidder does business and the address of the place of business. Southeast Drilling Services, Inc. Name of Bidder 10614 East US Hwy 92, Tampa, Florida 33610 - 813-968-7277 wbz @southeastdrilling.net Address of Bidder Phone No. of Bidder Bidder E-Mail Address Bidder's Contractor's License No(s). GCC1508910 / Water Well Cont. # 9078, 9451, 1232 (As issued by the Florida Dept. Of Business and Professional Regulation Construction Industry Licensing Board) The Bidder is (check one of the following): ( )An Individual O A Partnership ( x)A Corporation Principal Office Address: 10614 E. US Hwy. 92, Tampa, Florida 33610 1. If Bidder is a corporation, answer the following: Date of Incorporation: June 1994 State of Incorporation: Florida President's Name: W.B. Ziegler Vice President's Name: W.C. Ziegler 2. If Bidder is an individual or a partnership, answer the following: Date of Organization: Name, Address and Ownership Units of all Partners: State whether general or limited partnership: 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 4. If Bidder is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: Yes x N/A 5. How many years has the Bidder been in business as a Contractor under its present name? 20 Years 6. Under what other former names has the Bidder operated? NA 7. How many years experience in construction work has the Proposer had as a Prime Contractor? 20 Years 8. List below information concerning comparable projects the Proposer has completed in the last five (3) years as a Prime Contractor for the type of work required for this project (attach additional sheets as necessary). It is noted that the experience claimed here must be associated with the Proposer named above. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the Proposer. Name of Project Name of Owner Owner Contact Construction Major Construction Name and Contract Items Phone No. Amount See Attachment 1 00440-2 9. Has the Proposer ever failed to complete any work awarded to it? If so, state when, where and why(attach additional sheets as necessary). NA Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 10. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore (attach additional sheets as necessary). No 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Proposer(attach additional sheets as necessary): NA 12. What is the Proposer's bonding capacity? 12 mil 13. What amount of the Proposer's bonding capacity has been used as of the date of this bid? 6.3 Mil 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: Western Surety Company Associates Agency, Inc.- 11470 N. 53rd St. , Temple Terrace, Florida 33687 15. Has the Proposer been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations (attach additional sheets as necessary). None within last five years The Proposer acknowledges and understands that the information contained in response to this qualifications form shall be relied upon by the City in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer'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 terminate the award and/or contract. 00440-3 Southeast Drilling Services, Inc. Name of Proposer 3/11 lc/ Signature ut r' ed Reapresentative (Affiant) Date W. W.C. Zieg r, e Presi ent Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 W.C. Ziegler, Vice President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Hillsborough STATE OF FLORIDA On this II day of , 20 iq , before me, the undersigned Notary Public of the State of orida, personally appeared w.C. Ziegler 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. He/She is personally known to me or has produced , as identification. HPttth iStioed . (Notary Publi in and for the County and State Aforementioned) SEAL My commission expires: END OF SECTION ,,tpR,P ,, � ,•,� B.MARIE BROOD Notar Y Public-State of Florida ;;y• k J,; MY Comm.Expires Nov 13 2015 Bond ommission f 1 5985 v.: 00440-4 Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 SECTION 00442-1 RECEIPT OF EXEMPT PUBLIC RECORDS AND AGREEMENT TO SAFEGUARD The undersigned and the below named company is the recipient of certain documents and by signing this document hereby certifies that the company named below hereby agrees and acknowledges that 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 P P P P Y 9 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. The following list of specific documents, provided to the recipient as documented below, which are exempt from the Statutes indicated and as provided above: 1. 2. 3. 4. Recipient: Southeast Drilling Services,Inc. W.C. Ziegler, Vice President Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 Signature "tip. Date 3/i t /IL( W.C. Ziegler, Vice Pres deaf! Printed or Typed Name and Title Representing: Southeast Drilling Services, Inc. Name of Company 10614 E. US Hwy. , 92, Tampa, Florida 33610 813-968-7277 Company Address Phone No. END OF SECTION 00442-2 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 Form 00450 CERTIFICATION OF NON-SEGREGATED FACILITIES FORM The Contractor certifies that no segregated facilities are maintained and will not be maintained during the execution of this contract at any of its establishments. The Contractor further certifies that none of its employees are permitted to perform their services at any location under the Contractor's control during the life of this contract where segregated facilities are maintained. The Contractor certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom, or otherwise. The Contractor agrees that (except where it has obtained identical certification from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontract exceeding $10,000 and that it will retain such certifications in its files. Southeast Drilling Services, Inc. Contractor ,�' 311, !IL( Signature o ho Representative Date W.C. Ziegler, Vice President Printed or Typed Name and Title of Authorized Representative END OF SECTION ° .M A 1 4 ��".'1Jiaetet:W Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EM ER 13/14-12 DEP- DW59012 SECTION 00452 DISPUTES DISCLOSURE FORM 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 (Y/N) 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? NO (Y/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? NO (Y/N) Note: 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. 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 C L5111 (f4 Signature of th ed Representative Date W.C. Ziegler, Vice President Printed or Typed Name and Title of Authorized Representative END OF SECTION Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 ECTION 00454 DRUG FREE WORKPLACE FORM 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 item 1. 4. In the statement specified in item 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. Firm (,(J r Signature o th ri d Representative D to W.C. Ziegler, Vice President Printed or Typed Name and Title of Authorized Representative END OF SECTION Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 SECTION 00456 UNAUTHORIZED (ILLEGAL) ALIEN WORKERS AFFIDAVIT The City of Sanford 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 of Sanford 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 of Sanford. The Affiant identified below deposes and states that: 1. The below identified Contractor 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. Upon request of the City, it will provide copies of Immigration Form 1-9 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. Southeast Drilling Serv' es, Inc. Conttrraf�o Signature of/or�z-�• Representative (Affiant) Date W.C. Ziegler, President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Hillsborough STATE OF FLORIDA On this day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared w.c. Ziegler 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. He/She is personally known to me or has produced , as identification. t7€ Ma/2.a 44-40t, (Notary Publid in and for the County and State Aforementioned) SEAL My commission expires: ti`�,`R"r'v�B, B.MARIE BROOD _'r°. ,.` Notary Public-State of Florida � N om. 1!11 * My Comm.Expires Nov 13,2015 I END OF SECTION Commission#EE 115985 °•,,o O`'� Bonded Through National Notary Assn. Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 SECTION 00458-1 E-VERIFY COMPLIANCE AFFIDAVIT The Affiant identified below attests to the following: 1. That the Contractor is currently in compliance with and throughout the term of the above identified project and 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. 2. 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. 3. 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. 4. 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. 5. That all persons assigned by the Contractor or its subcontractors to perform work under the above identified project will meet the employment eligibility requirements as established by the Federal Government and the government of the State of Florida. 6. 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 the above identified project are legally authorized to work in the United States and the State of Florida constitute a breach of contract 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. 7. 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. Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 Southeast Drilling Servics, Inc. Contractor ,„,,L, Signature o hd Representative (Affiant) Date W.C. Ziegler , ��ttttVViViice President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Hillsborough STATE OF FLORIDA a On this I I day of Ho a.ACGl , 20 14 , before me, the undersigned Notary Public of the State of ida, personally appeared W.C. Ziegler 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. He/She is personally known to me or has produced , as identification. (Notary Public in/92(111,4-a*- nd for the County and State Aforementioned) SEAL My commission expires: END OF SECTION 00458-2 Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. A Project Name: Hidden Lake Well No. 8 Project Information Project No. DW 1107 EMER 13/14-12 DEP- DW59012 SECTION 00460 AMERICANS WITH DISABILITIES ACT AFFIDAVIT 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. 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 (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the City of Sanford 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 of Sanford, 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. Southeast Drilling Services, Inc. Contractor ..$///7/1-/ Signature Si nature of h.�-d Representative (Affiant) Date W.C. Ziegler, Vice ice President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Hillsborough STATE OF FLORIDA I/�/' n ,1 On this i t day of f ► t t CA.- , 20 I-1 , before me, the undersigned Notary Public of the State of -lorida, personally appeared W.C. Ziegler 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. He/She is personally known to me or has produced , as identification. c) ( a� (Notary ry Publi i and for the County ty and State Aforementioned) SEAL My commission expires: ,:�a�P�'•. B.MARIE BROOD ?°•�:` ; Notary Public-State of Florida END OF SECTION Nl� * My Comm.Expires Nov 13,2015 •�, .∎- °:" Commission#EE 115985 Bonded Through National Notary Assn. Hidden Lake Well No. 8 Emer 13/14-12 Southeast Drilling Services,Inc. 0 Southeast Drilling Services, Inc. Febi uary 7, 2014 Ms. Tara Lamoureux, EI City of Sanford 300 N Park Ave Sanford, FL 32771 Re: Well No. 8 Emergency Replacement Revised Proposal B Dear Ms. Lamoureux, I Southeast Drilling Services, Inc is pleased to provide our revised proposal based on information provided by the City for the emergency replacement of the referenced production well and associated facilities. This includes the plumbness and alignment test. Our scope of services for this work effort is outlined below and contained in the drawings and specifications provided by the City: 1. Drill new production well No. 8 2. Abandonment of existing Wells 8 & 11 3. Provide and install new Goulds 12FDLC 3 stage VTP and motor(1,500 gpm @ 110 ft TDH) 4. Above ground piping to match existing layout 5. Underground piping and connection to RWM 6. Painting 7. Concrete pads (well pump base, well pad, pipe support pedestals, and generator pad) 8. Generator(to be direct purchase by City and installed and wired by Southeast, 100 gallons of fuel included) 9. Electrical service to include a. Disconnect of existing service b. Connection of new service c. Conduit and wire d. New rack for panels e. New 60 hp NEMA 3 control panel with FVNR starter f. Generator transfer switch g. Wiring and connection of well pump motor and new generator h. RTU to be relocated from existin g location i. Mini power supply and light fixture D'\WORKING\SEDW ROJECTS\SANFORD 20121CHANGE ORDERS\WELL S\L2-7-14 LAMOUREUX.DOC 1 19Lucina Drive, Hypoluxo, FL 33462 (561 ) 493-9832 FAX (561 )493-5140 www.Southeastdrilling.net Excluded from Scope 10. Permits other than Well and Electrical 11. Bacteriological clearance of well or pipeline 12. Site Restoration Our proposal is attached for your review. This work effort anticipated duration is 135 days from notice to proceed. Drilling equipment should be available the first week in March. Also in order to meet this restricted time frame all electrical, generator and pump components must be released upon NTP. If Southeast should be contracted for this work, we would like to process submittals in advance of NTP for immediate release. Should you have any questions with this matter, please do not hesitate to call me at(813) 968-7277 or(813) 390-0172. Sincerely, W. B. Ziegler, P.E. President Cc: File D\WORKING\SED\PROJF.CTS\SANFORD 20I2\CHANGE ORDERS\WELL S L2-7.14 I.AMOUREUX.DOC 1 19Lucina Drive, Hypoluxo, FL 33462 (561 ) 493-9832 FAX (561 )493-5140 www.Southeastdrilling.net City of Sanford Emergency Installation of Well No. 8 Preapred By: Southeast Drilling Service,Inc.Revision A Estimated Item No. Description Unit Unit Price Item Total Quantity 1 Indemnification of Owner&Engineer 1 LS $1,000.00 $1,000.00 2 Performance and Payment Bonds 1 LS $25,000.00 $25,000.00 3 Insurance and Administrative Costs 1 LS $30,000.00 $30,000.00 4 Mobilization/Demobilization 1 LS $40,000.00 $40,000.00 5 Surface Casing(24"black steel)-Installed 60 LF $250.00 $15,000.00 6 Pilot Hole Drilling(6"minimum) 355 LF $30.00 $10,650.00 7 Well Casing(17.4"CertaLok PVC)-Installed 225 LF $80.00 $18,000.00 8 Open Hole Drilling(15 inches) 180 LF $45.00 $8,100.00 9 CementGrout—Installed 20 CY $550.00 $11,000.00 10 Geophysical Logging 1 LS $5,000.00 $5,000.00 11 Video Logging 1 LS $5,000.00 $5,000.00 12 Install and Remove Discharge Line 1 LS $15,000.00 $15,000.00 13 Well Development 24 HR $300.00 $7,200.00 14 Step Drawdown Test 4 HR $400.00 $1,600.00 15 Constant Rate Discharge Test 8 HR $400.00 $3,200.00 16 Inorganic Water Quality Analysis 1 LS $2,500.00 $2,500.00 17 Water Quality Analysis(Table 02522) 1 LS $2,500.00 $2,500.00 18 Disinfection&Bacteriological Clearing 0 LS $4,000.00 $0.00 19 Plumbness&Alignment Test 1 LS $1,000.00 $1,000.00 20 Concrete Pad and Flange Cap 1 LS $5,000.00 $5,000.00 21 Perform Surveying l LS $2,500.00 $2,500.00 22 Install Vertical Turbine Pump&Motor with Appurtenance: 1 LS $50,000.00 $50,000.00 23 Install Fence and Gate 1 LS $1,500.00 $1,500.00 Subtotal $260,750.00 Add Deducts 24 Straddle Packer test with Water Quality Analysis 0 EA $6,000.00 $0.00 25 Demolition of Existing Well House 8.pump base and slab 1 LS $10,000.00 $10,000.00 26 Demolition of pump base and slab well 11 1 LS $10,000.00 $10,000.00 27 Pull Existing Well Pump 2 LS $10,000.00 $20,000.00 28 Log&Abandon Existing Well 8& 11 2 LS $20,000.00 $40,000.00 29 Limerock Gravel 0 CY $100.00 $0.00 30 Aboveground piping and appurtenances 1 LS $21,000.00 $21.000.00 31 Belowground piping and RW tie-in 1 LS $23,000.00 $23.000.00 32 Additional Concrete Pads 1 LS $7,500.00 $7,500.00 33 Electrical 1 LS $35,000.00 $35,000.00 34 Generator installation,tie down,fuel and connection 1 LS $15,000.00 $15,000.00 Subtotal $181,500.00 Total Proposal $442,250.00 Notes: 1 Standby Generator(Owner Direct Purchase ODP),to be added to proposal cost and removed from contract with ODP Change Order($63,520) SOUTDRI-01 JFAVA /►coR® CERTIFICATE OF LIABILITY INSURANCE DAT D/YYYY) `-� 3//14/214/2014 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 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,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 holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: 4SSOCIATES AGENCY,INC. PHONE 813 988-1234 Fax 11470 N 53rd St (A/C,No,Ext);( ) l (A/c,No): (813)988-0989 Temple Terrace,FL 33617 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:OWNERS INSURANCE CO. 32700 INSURED INSURER B:AUTO OWNERS INSURANCE CO. 18988 Southeast Drilling Services Inc. INSURER C:Star Insurance Co. 18023 10614 E US Hwy 92 INSURER D: Tampa,FL 33610 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • INSR TYPE OF INSURANCE ADDL SUBR' POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 20709632 7/1/2013 7/1/2014 DAMAGE TO RENTED 300 000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 X Contractual Liab. PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 1,000,000 PRO T POLICY X LOC $ JEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) B X ANY AUTO 4142994900 7/1/2013 7/1/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE 4346231701 7/1/2013 7/1/2014 AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N C ANY PROPRIETOR/PARTNER/EXECUTIVE WC0732469 7/1/2013 7/1/2014 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 530,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if 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 of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE • City of Sanford,Florida THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Manager PO Box 1788 Sanford,FL 32771 AUTHORIZED REPRESENTATIVE /Y4 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ,00,01E{TION RICK SCOTT As r FLORIDA DEPARTMENT OF GOVERNOR Nie ENVIRONMENTAL PROTECTION CARLOS LOPEZ-CANTERA BOB MARTINEZ CENTER LT.GOVERNOR FLOR DA 'i 2600 BLAIRSTONE ROAD TALLAHASSEE,FLORIDA 32399-2400 HERSCHEL T.VINYARD JR. SECRETARY March 26,2014 Mr.Norton Bonaparte,Jr. City Manager City of Sanford 300 North Park Avenue Sanford,Florida 32772 Re: DW590120-Sanford Supply,Treatment,Distribution Dear Mr.Bonaparte: We have reviewed the bidding information for the Hidden Lake Well No 8 contract. The selection of the bidder identified below is acceptable. Contractor Contract Amount Southeast Drilling Services,Inc. $442,250.00 This letter is your authorization to award the contract. Please submit the attached certification of contractor's insurance and bonding to: Florida Department of Environmental Protection,2600 Blair Stone Road M.S. 3505,Tallahassee,Florida 32399-2400. No disbursements for this contract will be made until the certification form is returned to us. Please send all change orders to Venkata Panchakarla for review. If we may be of further assistance,please call Teresa Cruce at(850)245-8377. Sincerely, Angela Knecht,Program Administrator State Revolving Fund Management AKJtc Enclosure cc: Migdalia Hernandez-City of Sanford www.dep.state.f 1.us Bond#929452634 MATERIAL AND WORKMANSHIP BOND SECTION 00615-1 KNOW ALL MEN BY THESE PRESENTS: THAT WE Southeast Drilling Services,lnc. , hereinafter referred to as "Principal" and _ Western Surety Company , hereinafter referred to as "Surety" are held and firmly bound unto 1) City of Sanford, Florida, hereinafter referred to as the OWNER in the sum of ten percent (10%) of the Contract Price as adjusted under the Contract Documents $44.225.00 for the payment of which we bind ourselves, heirs, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has constructed certain improvements, including roadways, utilities, curbs, storm drains and other appurtenances in that certain Project described as 2) Hidden Lake Well No. 8 EMER 13/14-12 DEP- DW59012 Protect No. DW 1107, and WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated Mt rcf t /pt' AO/z/- , and filed with the Purchasing Office of OWNER; and WHEREAS, the Principal warrants and guarantees to the OWNER that all work, labor, materials, equipment and services furnished and performed has been done in a good and workmanlike manner and is of the highest quality, free from defects; and WHEREAS, Principal is obligated to protect the OWNER against any defects resulting from faulty Materials or Workmanship of said improvements and to maintain said improvements for a period of two (2) years from the date of Final Completion under the Contract Documents. NOW THEREFORE, the conditions of this obligation is such that if Principal shall promptly and faithfully protect the OWNER against any Defects resulting from faulty Materials and Workmanship of the aforesaid improvements and maintain said improvements for a period of two (2) years from the date of Final completion, then this obligation shall be null and void, otherwise it shall remain in full force and effect. 1) Name of Owner 2) Name of Project identified in Instructions to Bidders The OWNER shall notify the Principal in writing of any Defect for which the Principal is responsible and shall specify in said notice a reasonable period of time within which Principal shall have to correct said Defect. The Surety unconditionally covenants and agrees that if the Principal fails to perform, within the time specified, the Surety, upon thirty (30) days written notice from OWNER, or its authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay the cost thereof, including, but not limited to engineering, legal and contingent costs. Should the Surety fail or refuse to correct said Defects, the OWNER, in view of the public interest, health, safety, welfare and factors involved, shall have the right to resort to any and all legal remedies against the Principal and Surety and either, both at law and in equity, including specifically, specific performance to which the Principal and Surety unconditionally agree. The Principal and Surety further jointly and severally agree that the OWNER at its option, shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, Hidden Lake Well No. 8 EMER 13/14-12 DEP-DW59012 Project No. DW 1107 MATERIAL AND WORKMANSHIP BOND SECTION 00615-2 pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said Defects in case the Principal shall fail or refuse to do so, and in the event the OWNER should exercise and give effect to such right, the Principal and the Surety shall jointly and severally hereunder reimburse the OWNER the total cost thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequent which may be sustained on account of the failure of the Principal to correct said defects. IN WITNESS WHEREOF, this instrument is executed this the 14th day of March , 2014 . Southeast Drilling Services,Inc. ATTEST: Principal (Contractor) Secretary ('incipal) By (Signat JG S o c�n P. ?leg (erg' C zae (� t (/�e P✓es�d-e. 1 Typed flame Typed Name an'Title 10614 E. Hwy 92 (CORPORATE SEAL) Address Tampa, Fl 33610 City, State, Zip - '2'2a 813-988-1234 813-988-0989 (Witness to Principal) Telephone No. Facsimile No. 6 , Val R-tE i 20a0 Typed Name AT1)1 TEST: �Arr7r1� /—cc�,�yet, Western Surety Company (Surety) Sectary ( Surety Sharon Taylor 407-919-3942 407-919-3951 Typed Name Telephone No. Facsimile No. (CORPORATE SEAL) ly—� �li- re� By: A ;,,,, 42, !it • l.� Witness bs to Suret Attorne . n-Fact Y Cheryl Turner Jennifer A. Fava Typed Name Typed Name Hidden Lake Well No. 8 EMER 13/14-12 DEP-DW59012 Project No. DW 1107 J MATERIAL AND WORKMANSHIP BOND Asif ,L-ot._ _ 4 L/e--7 11470 N. 53rd Street Witness as to S rety Address MaryKay Stacey Temple Terrace, Fl 33610 Typed Name City, State, Zip 813-988-1234 813-988-0989 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00615-3 Hidden Lake Well No. 8 EMER 13/14-12 DEP-DW59012 Project No DW 1107 Western Surety Company 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 corporaion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 10th day of December,2012. ,�,w WESTERN SURETY COMPANY 40011} Imo aW4 1;: s `�rl►OPKOIY aul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 10th day of December,2012,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the 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 f J.MOHR {� June 23,201$ SEAL NOT p SOUARY TH DAKOTA PUBLIC{ ()%7n AAA} J.Mohr,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 pn�ton the reverse hereof is still in force. In testimony where f I have hereunto subscribed my name and affixed the seal of the said corporation this /7 day of 'MLA C ,p70�where 4001r,s, WESTERN SURETY COMPANY :Z si`.Sg pV P 3 �rM DPK� • L.Nelson,Assistant Secretary Form F4280-7-2012 SUPPLEMENTARY CONDITIONS (CONSTRUCTION) • • Florida Department of Environmental Protection State Revolving Fund Program • Supplementary Conditions • for Formally Advertised • Construction Procurement • • Revised October 2013 TABLE OF CONTENTS FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS Article Number Article Title Page 1 DEFINITIONS FDEP-1 2 PRIVITY OF AGREEMENT/CONTRACT FDEP-3 3 PROCUREMENT REQUIREMENTS FDEP-3 4 RESOLUTION OF PROTESTS AND CLAIMS/DISPUTES FDEP-3 5 CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS FDEP-3 6 BONDS AND INSURANCE FDEP-4 7 AWARD OF AGREEMENT/CONTRACT FDEP-4 8 ITEMIZED CONSTRUCTION COST BREAKDOWN; CONSTRUCTION AND PAYMENT SCHEDULES FDEP-5 9 FDEP/USEPA ACCESS TO RECORDS AND PROJECT SITE FDEP-5 10 DISADVANTAGED BUSINESS ENTERPRISES FDEP-5 11 DEBARMENT AND SUSPENSION(EXECUTIVE ORDER 12549) FDEP-6 12 EQUAL EMPLOYMENT OPPORTUNITY(EXECUTIVE ORDER 11246) FDEP-7 13 IMMIGRATION REFORM AND CONTROL ACT OF 1986 FDEP-14 STATE OF FLORIDA EXECUTIVE ORDER 11-116) 14 ENVIRONMENTAL COMPLIANCE FDEP-14 15 FEDERAL LABOR STANDARDS PROVISION FDEP-14 Appendix Appendix Title Page A CERTIFICATION OF COMPLIANCE WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS FDEP-15 B GOALS AND TIMETABLES FOR MINORITIES AND FEMALES FDEP-16 C FEDERAL LABOR STANDARDS PROVISION FDEP-17 Revised October 2013 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS The intent of the Florida Department of Environmental Protection(FDEP) Supplementary Conditions is to complement and supplement other provisions of the Bidding Documents. However,if there is any conflict between the FDEP Supplementary Conditions and other provisions of the Bidding Documents,the FDEP Supplementary Conditions shall take precedence over the other provisions except when the other provisions are similar to,but more stringent than,the FDEP Supplementary Conditions. When other provisions of the Bidding Documents are similar to,but more stringent than,the FDEP Supplementary Conditions,the more stringent provisions shall apply. ARTICLE 1 -DEFINITIONS Wherever used in these Supplementary Conditions(except in the appendices to these Supplementary Conditions),the following terms have the meanings indicated,which are applicable to both the singular and plural thereof. 1.1 Addendum-A written or graphic instrument that is issued prior to the opening of bids and that clarifies,corrects,or changes the Bidding Documents. • 1.2 Agreement or Contract-The written agreement between the Owner and the Contractor covering the Work to be performed and furnished;these Supplementary Conditions and other Contract Documents are attached to the Agreement/Contract and made a part thereof as provided therein. 1.3 Bid-The offer or proposal of a bidder submitted on the prescribed form and setting forth the price(s) for the Work to be performed and furnished. 1.4 Bidder-Any person,firm,or corporation that submits a bid directly to the Owner. 1.5 Bidding Documents-The Advertisement for Bids or the Invitation to Bid,the Instructions to Bidders or the Information for Bidders,the Bid Form,the proposed Contract Documents,and all addenda. 1.6 Bond-An instrument of security. 1.7 Change Order-A document that is recommended by the Engineer and signed by the Contractor and the Owner;that authorizes an addition,deletion,or revision in the Work or an adjustment in the Contract Price or the Contract Time;and that is issued on or after the Effective Date of the Agreement/Contract. 1.8 Contract Documents-The Agreement/Contract;the Contractor's Bid when attached as an exhibit to the Agreement/Contract;the Performance and Payment Bond(s);the General Conditions;the Supplementary Conditions (including these Supplementary Conditions);the Specifications(written technical descriptions of material,equipment, construction systems,standards,and workmanship as applied to the Work and certain administrative details applicable thereto);the Drawings(drawings that show the character and scope of the Work to be performed and furnished);all addenda that pertain to the Contract Documents;and all change orders. 1.9 Contract Time-The number of days or the date stated in the Contract Documents for completion of the Work. 1.10 Contractor-The person,firm,or corporation with whom or which the Owner enters into the Agreement/Contract. 1.11 Effective Date of the Agreement/Contract-The date indicated in the Agreement/Contract on which the Agreement/Contract becomes effective,or if no such date is indicated in the Agreement/Contract,the date on which the Agreement/Contract is signed and delivered by the last of the two parties to sign and deliver the Agreement/Contract. 1.12 Engineer-The person,firm,or corporation named as such in the Contract Documents. 1.13 Minority Business Enterprise(MBE)-A historically Black college or university or a business that is(a)certified as socially and economically disadvantaged by the Small Business Administration,(b)certified as an MBE by a state or federal agency,or(c)an independent business concern which is at least 51-percent owned and controlled by minority group members. (A minority group member is an individual who is a citizen of the United States and one of the following: [i]Black American; [ii] Hispanic American[with origins from Puerto Rico,Mexico,Cuba,or South or Central America]; [iii]Native American[American Indian,Eskimo,Aleut,or native Hawaiian];or[iv]Asian-Pacific American FDEP-1 Revised October 2013 [with origins from Japan,China,the Philippines,Vietnam,Korea,Samoa,Guam,the U.S.Trust Territories of the Pacific, Northern Marianas,Laos,Cambodia,Taiwan,or the Indian Subcontinent].) 1.14 Notice to Proceed-The written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform its obligations under the Contract Documents. 1.15 Owner-The local government(municipality,county,district,or authority;or any agency thereof;or a combination of two or more of the foregoing acting jointly)with which the Florida Department of Environmental Protection(FDEP) may execute,or has executed,a State Revolving Fund loan agreement and for which the Work is to be provided. 1.16 Project-The total construction or facilities described in a State Revolving Fund loan agreement between the FDEP and the Owner,of which the Work to be provided under the Contract Documents may be the whole or a part. 1.17 Sponsor—The recipient of the State Revolving Fund loan agreement that provides funds for the project. 1.18 Subcontract-A direct contract between a subcontractor and the Contractor,or any other subcontractor at any tier, for the furnishing of goods(material and equipment)or the performance of services(including construction)necessary to complete the Work. 1.19 Subcontractor-A person, firm,or corporation having a direct contract with the Contractor,or any other subcontractor at any tier,for the furnishing of goods(material and equipment)or the performance of services(including construction)necessary to complete the Work. 1.20 Successful Bidder-The lowest responsive,responsible bidder to whom or which the Owner intends to award the Agreement/Contract. 1.21 Women's Business Enterprise(WBE)-A business that is(a)certified as a WBE by a state or federal agency or(b) an independent business concern which is at least 51-percent owned and controlled/operated by women. (Determination of whether a business is at least 51-percent owned by women shall be made without regard to community property laws [e.g.,an otherwise qualified WBE that is 51-percent owned by a married woman in a community property state will not be disqualified because the married woman's husband has a 50-percent interest in the married woman's share of the business; similarly,a business that is 51-percent owned by a married man and 49-percent owned by women will not become a qualified WBE by virtue of the married man's wife having a 50-percent interest in the married man's share of the business].) 1.22 Work-The entire completed construction or the various separately identifiable parts thereof required to be performed and furnished under the Contract Documents;Work is the result of performing services,furnishing labor, furnishing material and equipment,and incorporating material and equipment into the construction as required by the Contract Documents. ARTICLE 2-PRIVITY OF AGREEMENT/CONTRACT 2.1. The Owner expects to finance this Agreement/Contract with assistance from the FDEP,which administers a State Revolving Fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency(USEPA). Neither the State of Florida nor the United States(nor any of their departments, agencies,or employees)will be a party to this Agreement/Contract or any lower-tier subcontract. ARTICLE 3-PROCUREMENT REQUIREMENTS 3.1. This Agreement/Contract and the Owner's solicitation and award of this Agreement/Contract are subject to requirements contained in Chapter 62-503 (Revolving Loan Program)and/or Chapter 62-552,Florida Administrative Code as applicable. ARTICLE 4-RESOLUTION OF PROTESTS AND CLAIMS/DISPUTES Resolution of Protests Concerning the Owner's Solicitation and/or Award of this Agreement/Contract: FDEP-2 Revised October 2013 4.1. Protests concerning the Owner's solicitation and/or award of this Agreement/Contract must be filed in writing with the Owner to be considered. 4.2. All timely written protests concerning the Owner's solicitation and/or award of this Agreement/Contract are to be resolved in accordance with the Owner's dispute resolution process. A copy of the ordinance(s),resolution(s),or written policy(policies)that set forth the Owner's dispute resolution process is included elsewhere in the Bidding Documents or is to be made available by the Owner upon request. 4.3. Neither the(FDEP)nor the USEPA will become a party to,or have any role in resolving,protests concerning the Owner's solicitation and/or award of this Agreement/Contract. Protest decisions made by the Owner cannot be appealed to the FDEP or the USEPA. Resolution of Claims and Disputes Between the Owner and the Contractor: 4.4. Unless otherwise provided in the Contract Documents,all claims and disputes between the Owner and the Contractor arising out of,or relating to,the Contract Documents or the breach thereof are to be decided by arbitration(if the Owner and the Contractor mutually agree)or in a court of competent jurisdiction within the State of Florida. 4.5. Neither the FDEP nor the USEPA will become a party to,or have any role in resolving,claims and disputes between the Owner and the Contractor. ARTICLE 5-CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS 5.1. All changes to the Bidding Documents made subsequent to the FDEP's acceptance of the Bidding Documents and prior to the opening of bids are to be documented via addendum(addenda)to the Bidding Documents;all changes to the Contract Documents made after the opening of bids are to be documented by change order(s)to the Contract Documents. The Owner shall submit all addenda and change orders to the FDEP. ARTICLE 6-BONDS AND INSURANCE Bid Guarantees: 6.1. Each bidder's bid is to be accompanied by a bid guarantee made payable to the Owner in an amount at least equal to five percent of the bidder's maximum bid price and in the form of a certified check or bid bond. Performance and Payment Bond(s): 6.2. The Contractor shall furnish a combined performance and payment bond in an amount at least equal to 100 percent of the Contract Price(or,if required elsewhere in the Contract Documents,the Contractor shall furnish separate performance and payment bonds,each in an amount at least equal to 100 percent of the Contract Price)as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. This(these)bond(s)are to be delivered to the Owner by the Contractor along with the executed Agreement/Contract. The Owner shall forward a copy of this(these) bond(s)to the FDEP. Insurance: 6.3. The Owner and/or the Contractor(as required elsewhere in the Contract Documents)shall purchase and maintain,during the period of construction,such liability insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims that may arise out of,or result from,the Contractor's performance and furnishing of the Work (whether the Work is to be performed or furnished by the Contractor or any subcontractor at the Work site)and the Contractor's other obligations under the Contract Documents. This insurance is to include workers'compensation insurance, comprehensive general liability insurance,comprehensive automobile liability insurance,and contractual liability insurance applicable to the Contractor's indemnification obligations and is to be written for not less than the limits of liability and coverages determined by the Owner or required by law,whichever is greater. FDEP-3 Revised October 2013 6.4. The Owner and/or the Contractor(as required elsewhere in the Contract Documents)shall purchase and maintain,during the period of construction,property insurance upon the Work at the Work site in an amount equal to the full replacement cost of the Work or the full insurable value of the Work. This insurance is to include the interests of the Owner,the Contractor, and all subcontractors at the Work site(all of whom are to be listed as insured or additional insured parties);is to insure against the perils of fire and extended coverage;and is to include"all-risk"insurance for physical loss or damage due to theft, vandalism and malicious mischief,collapse,water damage,and/or all other risks against which coverage is obtainable. 6.5. Before any Work at the Work site is started,the Contractor shall deliver to the Owner certificates of insurance that the Contractor is required to purchase and maintain in accordance with Paragraphs 7.3 and 7.4 of this Article and other provisions of the Contract Documents,and the Owner shall deliver to the Contractor certificates of insurance that the Owner is required to purchase and maintain in accordance with Paragraphs 7.3 and 7.4 of this Article and other provisions of the Contract Documents. ARTICLE 7-AWARD OF AGREEMENT/CONTRACT 7.1. If this Agreement/Contract is awarded,it is to be awarded to the lowest responsive,responsible bidder. A fixed price (lump sum or unit price or both)agreement/contract is to be used. A clear explanation of the method of evaluating bids and the basis for awarding this Agreement/Contract are included elsewhere in the Bidding Documents. All bids may be rejected when in the best interest of the Owner. After the contract has been awarded,the Owner shall give the Contractor a notice to proceed fixing the date on which the Contract Time will commence to run. The Owner shall forward a copy of this notice to proceed to the FDEP. ARTICLE 8-ITEMIZED CONSTRUCTION COST BREAKDOWN;CONSTRUCTION AND PAYMENT SCHEDULES 8.1. The Contractor shall submit to the Owner,within ten calendar days after the Effective Date of this Agreement/Contract, an itemized construction cost breakdown and construction and payment schedules. 8.1.1. The itemized construction cost breakdown,or schedule of values,is to include quantities and prices of items aggregating the Contract Price and is to subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices are to include an appropriate amount of overhead and profit applicable to each item of Work. 8.1.2. The construction,or progress,schedule is to indicate the Contractor's estimated starting and completion dates for the various stages of the Work and is to show both the projected cost of Work completed and the projected percentage of Work completed versus Contract Time. 8.1.3. The payment schedule is to show the Contractor's projected payments cumulatively by month. ARTICLE 9—FDEP/USEPA ACCESS TO RECORDS AND PROJECT SITE 9.1. Authorized representatives of the Owner,the FDEP,and the USEPA shall have access to,for the purpose of inspection,the Work site(s),any books,documents,papers,and records of the Contractor that are pertinent to this Agreement/Contract at any reasonable time. The Contractor shall retain all books,documents,papers,and records pertinent to this Agreement/Contract for a period of five years after receiving and accepting final payment under this Agreement/Contract. NOTE: ARTICLE 10 ONLY APPLIES TO FEDERAL CAP GRANT PROJECTS ARTICLE 10-DISADVANTAGED BUSINESS ENTERPRISES 10.1 A goal of five percent of the Contract Price is established for Minority Business Enterprise(MBE)participation in the Work,and a goal of five percent of the Contract Price is established for Women's Business Enterprise(WBE) participation in the Work. If bidders or prospective contractors(including the Contractor)intend to let any lower-tier goods FDEP-4 Revised October 2013 or services(including construction)subcontracts for any portion of the Work,they shall physically include these percentage goals for MBE and WBE participation in all solicitations for subcontracts and shall take good faith efforts to assure that MBEs and WBEs are utilized,when possible,as sources of goods and services. Good faith efforts are to include the following: 10.1.1. Require Disadvantaged Business Enterprises(DBEs)are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities.For Indian Tribal,State and Local and Government recipients,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 10.1.2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules,where the requirements permit,in a way that encourages and facilitates participation by DBEs in the competitive process.This includes,whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 10.1.3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal,State and local Government recipients,this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 10.1.4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 10.1.5. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 10.1.6. If the prime contractor awards subcontracts,require the prime contractor to take the steps in paragraphs 10.1.1 through 10.1.5 of this section. 10.2. Within ten calendar days after being notified of being the apparent Successful Bidder,the apparent Successful Bidder shall submit to the Owner documentation of the affirmative steps it has taken to utilize Minority and Women's Business Enterprises(MBEs and WBEs)in the Work and documentation of its intended use of MBEs and WBEs in the Work. The Owner shall keep this documentation on file and shall forward to the FDEP a copy of the apparent Successful Bidder's documentation concerning its intended use of MBEs and WBEs in the Work. ARTICLE 11 -DEBARMENT AND SUSPENSION(EXECUTIVE ORDER 12549) Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions 11.1. The bidder certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. 11.2. Where the bidder is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. 11.3. The bidder also certifies that it and its principals: 11.3.1. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state or local)transaction or contract under a public transaction;violation of federal or state anti-trust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 11.3.2. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with commission of any of the offenses enumerated in paragraph 11.3.1 of this certification;and 11.3.3. Have not within a three-year period preceding this proposal had one or more public transactions(federal,state or local)terminated for cause or default. Where the bidder is unable to certify to any of the above,such owner shall attach an explanation to this proposal. FDEP-5 Revised October 2013 or services(including construction)subcontracts for any portion of the Work,they shall physically include these percentage goals for MBE and WBE participation in all solicitations for subcontracts and shall take good faith efforts to assure that MBEs and WBEs are utilized,when possible,as sources of goods and services. Good faith efforts are to include the following: 10.1.1. Require Disadvantaged Business Enterprises(DBEs)are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities.For Indian Tribal,State and Local and Government recipients,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 10.1.2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules,where the requirements permit,in a way that encourages and facilitates participation by DBEs in the competitive process.This includes,whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 10.1.3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal,State and local Government recipients,this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 10.1.4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 10.1.5. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 10.1.6. If the prime contractor awards subcontracts,require the prime contractor to take the steps in paragraphs 10.1.1 through 10.1.5 of this section. 10.2. Within ten calendar days after being notified of being the apparent Successful Bidder,the apparent Successful Bidder shall submit to the Owner documentation of the affirmative steps it has taken to utilize Minority and Women's Business Enterprises(MBEs and WBEs)in the Work and documentation of its intended use of MBEs and WBEs in the Work. The Owner shall keep this documentation on file and shall forward to the FDEP a copy of the apparent Successful Bidder's documentation concerning its intended use of MBEs and WBEs in the Work. ARTICLE 11 -DEBARMENT AND SUSPENSION(EXECUTIVE ORDER 12549) Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions 11.1. The bidder certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. 11.2. Where the bidder is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. 11.3. The bidder also certifies that it and its principals: 11.3.1. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state or local)transaction or contract under a public transaction;violation of federal or state anti-trust statutes or commission of embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements,or receiving stolen property; 11.3.2. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with commission of any of the offenses enumerated in paragraph 11.3.1 of this certification;and 11.3.3. Have not within a three-year period preceding this proposal had one or more public transactions(federal,state or local)terminated for cause or default. Where the bidder is unable to certify to any of the above,such owner shall attach an explanation to this proposal. FDEP-5 Revised October 2013 or services(including construction)subcontracts for any portion of the Work,they shall physically include these percentage goals for MBE and WBE participation in all solicitations for subcontracts and shall take good faith efforts to assure that MBEs and WBEs are utilized,when possible,as sources of goods and services. Good faith efforts are to include the following: 10.1.1. Require Disadvantaged Business Enterprises(DBEs)are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities.For Indian Tribal,State and Local and Government recipients,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 10.1.2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules,where the requirements permit,in a way that encourages and facilitates participation by DBEs in the competitive process.This includes,whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 10.1.3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal,State and local Government recipients,this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 10.1.4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 10.1.5. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 10.1.6. If the prime contractor awards subcontracts,require the prime contractor to take the steps in paragraphs 10.1.1 through 10.1.5 of this section. 10.2. Within ten calendar days after being notified of being the apparent Successful Bidder,the apparent Successful • Bidder shall submit to the Owner documentation of the affirmative steps it has taken to utilize Minority and Women's Business Enterprises(MBEs and WBEs)in the Work and documentation of its intended use of MBEs and WBEs in the Work. The Owner shall keep this documentation on file and shall forward to the FDEP a copy of the apparent Successful Bidder's documentation concerning its intended use of MBEs and WBEs in the Work. ARTICLE 11 -DEBARMENT AND SUSPENSION(EXECUTIVE ORDER 12549) Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered • Transactions 11.1. The bidder certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. 11.2. Where the bidder is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. 11.3. The bidder also certifies that it and its principals: 11.3.1. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state or local)transaction or contract under a public transaction;violation of federal or state anti-trust statutes or commission of embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements,or receiving stolen property; 11.3.2. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any of the offenses enumerated in paragraph 11.3.1 of this certification;and 11.3.3. Have not within a three-year period preceding this proposal had one or more public transactions(federal,state or local)terminated for cause or default. Where the bidder is unable to certify to any of the above,such owner shall attach an explanation to this proposal. FDEP-5 Revised October 2013 11.3.4. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the federal government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 11.3.5. The bidder shall incorporate the foregoing requirements 11.1 through 11.3 in all subcontracts. ARTICLE 12-EQUAL EMPLOYMENT OPPORTUNITY(EXECUTIVE ORDER 11246) 12.1. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity(Executive Order 11246). (Applicable to contracts/subcontracts exceeding$10,000) 12.1.1. The Offeror's or Bidder's attention is called to the"Equal Opportunity Clause" and the"Standard Federal Equal Employment Specifications" set forth herein. 12.1.2. The goals and timetables for minority and female participation,expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in Florida,are as follows: Goal for female participation: 6.9 percent statewide Goal for minority participation: (See Appendix B at FDEP-20 for goals for each county) These goals are applicable to all the Contractor's construction work(whether or not it is federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area,it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area,the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause,specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a),and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract,and in each trade,and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 12.1.3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name,address and telephone number of the subcontractor;employer identification number of the subcontractor;estimated dollar amount of the subcontract;estimated starting and completion dates of the subcontract;and the geographical area in which the subcontract is to be performed. 12.1.4. As used in this Notice,and in the contract resulting from this solicitation,the"covered area" is the State of Florida. 12.1.5. Contractors shall incorporate the foregoing requirements in all subcontracts. 12.2. Equal Opportunity Clause(Applicable to contracts/subcontracts exceeding$10,000) During the performance of this contract,the contractor agrees as follows: 12.2.1. The Contractor shall not discriminate against any employee or applicant for employment because of race,color, religion,sex,or national origin.The Contractor shall take affirmative action to ensure that applicants for employment are employed,and that employees are treated during employment,without regard to their race,color,religion,sex,or national origin. Such action shall include,but not be limited to,the following: employment,upgrading,demotion,or transfer; recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. FDEP-6 Revised October 2013 12.2.2. The Contractor shall post in conspicuous places,available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause.The notice can be obtained online at http://www.eeoc.gov/employers/upload/eeoc self_print_poster.pdf. The Contractor shall state that all qualified applicants be considered without regard to race,color,religion,sex or national origin. 12.2.3. The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race,color,religion,sex,or national origin. 12.2.4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 12.2.5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. 12.2.6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. 12.2.7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,regulations,or orders,this contract may be canceled,terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. 12.2.8. The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs 12.2.1 through 12.2.8 in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided,however,that in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency,the contractor may request the United States to enter into such litigation to protect the interests of the United States. 12.3. The Standard Federal Equal Employment Opportunity Construction Contract Specifications(Executive Order 11246) 12.3.1. As used in these specifications: a. "Covered area"means the geographical area described in the solicitation from which this contract resulted; b. "Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor,or any person to whom the Director delegates authority; c. "Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return,U.S.Treasury Department Form 941. d. "Minority" includes: (i) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic(all persons of Mexican,Puerto Rican,Cuban,Central or South American or other Spanish Culture or origin,regardless of race); (iii) Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent,or the Pacific Islands);and FDEP-7 Revised October 2013 (iv) American Indian or Alaskan Native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 12.3.2. Whenever the Contractor,or any Subcontractor at any tier,subcontracts a portion of the work involving any construction trade,it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 12.3.3. If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the Plan area(including goals and timetables)shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause,and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 12.3.4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form,and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 12.3.5. Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women shall excuse the Contractor's obligations under these specifications,Executive Order 11246,or the regulations promulgated pursuant thereto. 12.3.6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.Department of Labor. 12.3.7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully,and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment,intimidation,and coercion at all sites,and in all facilities at which the Contractor's employees are assigned to work. The Contractor,where possible,will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen,superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. FDEP-8 Revised October 2013 c. Maintain a current file of the names,addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this shall be documented in the file with the reason therefore,along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs,especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 12.3.7b above. f Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy manual and collective bargaining agreement;by publicizing it in the company newspaper,annual report,etc.;by specific review of the policy with all management personnel and with all minority and female employees at least once a year;and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review,at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment,layoff,termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents,General Foremen, etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings,persons attending,subject matter discussed,and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media,and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts,both oral and written,to minority,female and community organizations,to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor shall send written notification to organizations such as the above,describing the openings,screening procedures,and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and,where reasonable,provide after school,summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct,at least annually,an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc., such opportunities. m. Ensure that seniority practices,job classifications,work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. FDEP-9 Revised October 2013 n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 12.3.8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(12.3.7a through 12.3.7p). The efforts of a contractor association,joint contractor-union, contractor-community,or other similar group of which the contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group,makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation,makes a good faith effort to meet its individual goals and timetables,and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply,however,is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 12.3.9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however,is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minority. Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 12.3.10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. 12.3.11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12.3.12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause,including suspension,termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. 12.3.13. The Contractor,in fulfilling its obligation under these specifications,shall implement specific affirmative action steps,at least as extensive as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order,the implementing regulations,or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. 12.3.14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name,address,telephone numbers, construction trade,union affiliation if any,employee identification number when assigned,social security number,race, sex,status(e.g.,mechanic,apprentice trainee,helper,or laborer),dates of changes in status,hours worked per week in the indicated trade,rate of pay,and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement,contractors shall not be required to maintain separate records. FDEP-1 0 Revised October 2013 12.3.15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 12.4. Pursuant to 41 CFR 60-1.7,if the price of this bid exceeds$10,000,the bidder,by signing and submitting this proposal,certifies the following: 12.4.1. Affirmative action programs pursuant to 41 CFR 60-2 have been developed and are on file; 12.4.2. Documentation of a previous contract or subcontract subject to the equal opportunity clause is available; 12.4.3. All reports due under the applicable filing requirements have been filed with the Joint Reporting Committee,the Deputy Assistant Secretary or the Equal Employment Opportunity Commission; and 12.4.4. Each prospective construction subcontractor that may be awarded a lower-tier construction subcontract with a price exceeding$10,000 shall meet the above requirements 12.4.1 through 12.4.3. 12.5. Pursuant to 41 CFR 60-1.8,if the price of this bid exceeds$10,000,the bidder,by signing and submitting this proposal,certifies the following: 12.5.1. That he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments; 12.5.2. That he/she does not permit employees to perform their services at any location,under his/her control,where segregated facilities are maintained; 12.5.3. That he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments; 12.5.4. That he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained; 12.5.5. That a breach of this certification is violation of the Equal Opportunity Clause of this contract;and 12.5.6. That he/she 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/her files. As used in this certification,the term"segregated facilities"means any waiting rooms,work eating areas,time clocks,locker rooms,and other storage or dressing areas,transportation and housing facilities provided for employees which are in fact segregated on the basis of race,color,religion,or otherwise. 12.6. If the price of this Agreement/Contract exceeds$10,000,the Owner shall give written notice to the Director of the Office of Federal Contract Compliance Programs within ten working days of award of this Agreement/Contract. The notice is to include the name,address,and telephone number of the Contractor;the employer identification number of the Contractor;the dollar amount of this Agreement/Contract;the estimated starting and completion dates of this Agreement/Contract;the number of this Agreement/Contract; and the geographical area in which the Work is to be performed. 12.7. If the price of this Agreement/Contract equals or exceeds$50,000 and if the Contractor has 50 or more employees, the Contractor shall electronically file Standard Form 100(EEO-1)online at https://egov.eeoc.gov/eeol/eeo1.jsp within 30 calendar days after the award of this Agreement/Contract,unless the Contractor has submitted such a report within 12 months preceding the date of award of this Agreement/Contract. In addition,the Contractor shall ensure that each construction subcontractor having 50 or more employees and a lower-tier construction subcontract with a price equaling or FDEP-11 Revised October 2013 exceeding$50,000 also electronically files this form within 30 calendar days after the award to it of the lower-tier construction subcontract,unless the construction subcontractor has submitted such a report within 12 months preceding the date of award of the lower-tier construction subcontract. ARTICLE 13 -IMMIGRATION REFORM AND CONTROL ACT OF 1986(STATE OF FLORIDA EXECUTIVE ORDER 11-116) The Immigration Reform and Control Act of 1986 prohibits employers from knowingly hiring illegal workers. The Contractor shall only employ individuals who may legally work in the United States—either U.S. citizens or foreign citizens who are authorized to work in the U.S. The Contractor shall use the U.S.Department of Homeland Security's E- Verify Employment Eligibility Verification system(http://www.uscis.gov/portallsite/uscis)to verify the employment eligibility of: • all new employees,during the term of this Agreement,to perform employment duties within Florida;and, • all new employees(including subcontractors and subrecipients)assigned by the Contractor to perform work pursuant to this Agreement. The Contractor shall include this provision in all subcontracts/subgrants it enters into for the performance of work under this Agreement. ARTICLE 14—ENVIRONMENTAL COMPLIANCE The Contractor,and all subcontractors at any tier,shall comply with all applicable standards,orders,or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1857[h]),Section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738(Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts,Grants,or Loans),and 40 CFR Part 15. ARTICLE 15—FEDERAL LABOR STANDARDS PROVISION The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. (Appendix C) FDEP-12 Revised October 2013 APPENDIX A TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION OF COMPLIANCE WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS This certification relates to a construction contract proposed by C )/ OF" 4-7vP , (insert the name of the Owner) which expects to finance the proposed construction contract with assistance from the Florida Department of Environmental Protection(which administers a State Revolving Fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency). I am the undersigned prospective construction contractor or subcontractor. I certify that I have read the Florida Department of Environmental Supplementary Conditions and agree to incorporate the following articles into the bid and/or contract: ARTICLE 11 DEBARMENT AND SUSPENSION(EXECUTIVE ORDER 12549) ARTICLE 12 EQUAL EMPLOYMENT OPPORTUNITY(EXECUTIVE ORDER 11246) ARTICLE 13 IMMIGRATION REFORM AND CONTROL ACT OF(STATE OF FLORIDA EXECUTIVE ORDER 11-116) ARTICLE 14 ENVIRONMENTAL COMPLIANCE ARTICLE 15 FEDERAL LABOR STANDARDS PROVISION I agree that I will obtain identical certifications from prospective lower-tier construction subcontractors prior to the award of any lower-tier construction subcontracts with a price exceeding$10,000. I also agree that I will retain such certifications in my files. / 3//2//y ( ignature uthorized Official) (Date) GU /2. /c'ZsLL37Z /,/2 (Name and Title of Authorized Official[Print or Type]) Southeast Drilling Services,Inc. (Name of Prospective Construction Contractor or Subcontractor[Print or Type]) 119 Lucina Drive,Hypoluxo,Florida 33462 (Address and Telephone Number of Prospective Construction Contractor or Subcontractor[Print or Type]) 59-3252801 (Employer Identification Number of Prospective Construction Contractor or Subcontractor) FDEP-13 Revised October 2013 APPENDIX B TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS GOALS AND TIMETABLES FOR MINORITIES AND FEMALES [Note: These goals and timetables are the goals and timetables referred to in Paragraph 2 of the"Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity(Executive Order 11246)";these goals and timetables are to be included in all FDEP assisted construction contracts and subcontracts with a price exceeding$10,000 and in all solicitations for such contracts and subcontracts.] The following goals and timetables for female utilization shall be included in all federal and federally assisted construction contracts and subcontracts in excess of$10,000. The goals are applicable to the contractor's aggregate on-site construction workforce whether or not part of that workforce is performing work on a federal or federally assisted construction contract or subcontract. Area covered: Goals for Women apply nationwide. Goals and Timetables Timetable Goals(percent) Indefinite 6.9 Goals for minority utilization can be found in the Department of Labor's Technical Assistance Guide for Federal Construction Contractors(May 2009),available on the intemet at http://www.dol.gov/ofccp/TAguides/consttag.pdf. These goals shall be included for each craft and trade in all federal or federally assisted construction contracts and subcontracts in excess of$10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total onsite construction workforce,regardless of whether or not part of that workforce is performing work on a federal,federally assisted or non-federally related project, contract or subcontract. Construction contractors which are participating in an approved Hometown Plan(see 41 CFR 60-4.5)are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work,such contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix. FDEP-14 Revised October 2013 APPENDIX C TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS Davis-Bacon Requirements FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act,Copeland Act,and Contract Works Hours&Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such federal assistance. 1 Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act, 29 CFR Part 3, the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans, funds,or programs,which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) The sponsor, on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The FDEP shall approve a request for an additional classification and wage rate and fringe benefits;therefore,only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2) The classification is utilized in the area by the construction industry;and (3) The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the sponsor(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the sponsor to the FDEP. The FDEP will transmit the request to the Administrator of the Wage and Hour Division, employment Standards Administration,U. S. Department of Labor. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional FDEP-15 Revised October 2013 classification action within 30 days of receipt and so advise the FDEP or will notify FEDP within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and the sponsor do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), the FDEP shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of FDEP, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate(including fringe benefits where appropriate)determined pursuant to subparagraphs(1)(b)or (c)of this paragraph,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account,assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. The sponsor shall,upon written request of the EPA or an authorized representative of the Department of Labor,withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice,trainee or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, EPA may, after written notice to the contractor,sponsor,applicant,or owners,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification,hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). FDEP-1 6 Revised October 2013 (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed, a copy of all payrolls to the sponsor. Such documentation shall be available upon request by FDEP. As to each payroll copy received, the sponsor shall provide a certification that the project is in compliance with the requirements of 29 CFR 5.5(a)(1) with each disbursement request. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current addresses of each covered worker, and shall provide them upon request to the sponsor for transmission to the FDEP or EPA if requested by EPA, the FDEP, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records,without weekly submission to the sponsor. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR Part 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR Part 5.5 (a)(3)(I), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A. 3(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3(I) of this section available for inspection, copying, or transcription by authorized representatives of the FDEP or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FDEP may, after written notice to the contractor, or sponsor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, the Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program,but who has been certified by the Office of Apprenticeship Training, Employer and FDEP-17 Revised October 2013 Labor Services, or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with the determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, the Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through(10) and such other clauses as EPA determines may be appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination,Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. FDEP-18 Revised October 2013 L 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors)and the sponsor,FDEP,EPA,the U. S.Department of Labor,or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally,U. S. Criminal Code, Section 1010,Title 18,U. S. C.,Federal Housing Administration transactions,provides in part "Whoever, f o r the purpose of. . . influencing in any way the action of such Administration . . . makes, utters or publishes any statement,knowing the same to be false . . . shall be fined not more than$5,000 or imprisoned not more than two years,or both". 11. Complaints,Proceedings,or Testimony by Employees. A. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. The sponsor shall insert the following clauses set forth in paragraphs B.(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by item 3 above or 29 CFR 4.6. As used in the paragraph,the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked o ed in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph(1) of this paragraph,the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards, employed in violation of the clause set forth in subparagraph(1) of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph(1)of this paragraph. (3) Withholding for unpaid wages and liquidated damages. The sponsor, upon written request of the FDEP or an authorized representative of the Department of Labor,may withhold or cause to be withheld, from any moneys payable on FDEP-19 Revised October 2013 account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contract,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph(2)of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph(1)through(4)of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs(1)through(4)of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 12. Guidance to Contractor for Compliance with Labor Standards Provisions a)Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work,the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved,the contractor may pay the higher of the two rates and submit one payroll,if desired. b)Complying with Minimum Hourly Amounts 1)The minimum hourly amount due to a worker in each classification is the total of the amounts in the Rates and Fringe Benefits(if any)columns of the applicable wage decision. 2)The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the Rates and Fringe Benefits columns. 3)A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if(a) it is available to most workers and (b) involves payments to a third party. 4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost(excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.) FDEP-20 Revised October 2013 c)Overtime For any project work over 40 hours weekly, a worker generally must be paid 150%of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and Related Acts only establishes minimum rates and does not address overtime. The Contract Work Hours Act contains the overtime requirement and uses basic rate of pay as the base for calculation,not the minimum rates established by the Davis-Bacon and Related Acts.) d)Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker,the amount deducted and the purpose.A copy of the court order should be submitted. e)Classifications Not Included in the Wage Decision If a classification not in the wage decision is required,please advise the owner's representative in writing and identify the job classification(s)required. In some instances, the state agency may allow the use of a similar classification in the wage decision. Otherwise,the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers(including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator,the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor(USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate,the contractor must make wage restitution to the affected worker(s)for all hours worked under the proposed rate. f)Supervisory Personnel Foremen and other supervisory personnel who spend at least 80%of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s) based on the work performed. g)Sole Proprietorships/Independent Contractors/Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature,the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as owner is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract,including minimum wages and overtime. FDEP-21 Revised October 2013 If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed,number of regular hours worked,and number of overtime hours worked. h)Apprentices/Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of journeyman rate. For Davis-Bacon Act purposes,the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program,then the worker must be classified according to duties performed. This procedure may require classification in the trade depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S.Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a helper. As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. FDEP-22 Revised October 2013 CERTIFICATION OF CONTRACTOR'S INSURANCE AND BONDING Project DW 590120 I certify that Southeast Drilling Services, Inc. , general contractor for (Name of Contractor) Well#8 Replacement and Wells Abandonment , has obtained, and will be required (Contract Description) to maintain, insurance as is customary during construction, including workers' compensation, comprehensive general liability, contractors' indemnification obligations, vehicle liability, and property. Builder's risk or similar types of insurance in the amount of full replacement cost of the project, or portion thereof, being constructed under the contract has also been obtained, and will be maintained, by the contractor to the extent that such insurance is obtainable. Flood insurance, if applicable, has also been obtained and will be maintained by the contractor. I also certify that the contractor has submitted a payment and performance bond or bonds as described below: Type of Bond Amount of Bond Surety Payment Bond $442,250.00 Western Surety Company Performance Bond $442,250.00 Western Surety Company Material and 44,225.00 Western Surety Company Workmanship Bond 3 ) Signatur (Date Tom George, Deputy City Manager (Typed Name and Title of Local Government's Authorized Representative) roii WS RM ti ':c.:4 p` n Item No.RIN CD IN CITY COMMISSION MEMORANDUM 14-064.E °; MARCH 10, 2014 AGENDA To: Honorable Mayor and Members of the City Co 'ssion PREPARED BY: Paul Moore,Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Emergency Procurement for Hidden L e ell No. 8 Replacement SYNOPSIS: Approval of Southeast Drilling Services, Inc. (Southea t) to provide services to abandon a contaminated City well (Hidden Lake No. 8) and to replace it with a larger production well to include a direct purchase of a power generator for the new well using emergency procurement procedures is requested. FISCALISTAFFING STATEMENT: The cost for the new well construction and abandonment of the old well is $442,250.00. The new 125 kw generator will cost $63,520.00 bringing the total project cost to $505,770. Funds for this project are approved under the City's State Revolving Funds (SRF)DW590120. BACKGROUND: The Hidden Lake well field is very old (1961-1984) and has experienced failures. Two of the wells were contaminated with bacteria. After several months of water quality research using City staff and a hydro geologist expert from Cardno-Entrix, it was the consultants recommendation to abandon Well No.11 and to replace the low production Well No. 8 with a high production new well. The new well is expected to produce about 2 million-gal of source water per day. This new well is needed to accommodate new improved treatment facility flow at Plant No. 2. Due to the seriousness and sensitive nature of the current situation, the Florida Department of Environmental Protection (FDEP) has approved the use of emergency procedures to effect the subject procurement. The City requested Cardno-Entrix to assist in the evaluation of three quotes from licensed drilling contractors who are active in this area. As a result of that evaluation and review, the proposal is the lowest priced proposal and is consistent and competitive with this type of work. Southeast is currently replacing another city well(Well#7)in this well field. The 125 kw generator will be purchased using the Florida Sheriff Association's Contract No. 13- 11-0904 at a price of $63,520,00 realizing a savings of $3,811.20 as tax recovery for that procurement. LEGAL REVIEW: The City Attorney prepared the agreement and has reviewed the documents. RECOMMENDATION: It is staff's recommendation that the City Commission approve the attached agreement with Southeast for the total amount of$442,250.00 and to approve a direct purchase of the generator in the sum of$63,520.00. SUGGESTED MOTION: "I move to approve the agreement with Southeast Drilling Services, Inc., for the total amount of $442,250 and approve a direct purchase of a 125 kw generator in the sum of $63,520 for the Hidden Lake Well No. 8 replacement." Attachments: 1. Emergency Justification Request Form for Hidden Lake Well No. 8 Replacement 2. Email from FDEP allowing SRF DW590120 funds to be used for this work 3. Previous Hidden Lake Well #7 replacement bid showing Southeast as the lowest bid for similar type of work 4. Letter from Cardo-Entrix recommending Southeast for this work as the most qualified and competitive contractor 5. Three(3)quotes from licensed contractors 6. Copy of Sherriff s Association Bid Award No 13-11-0904 for generator 7. Agreement Hernandez, Migdalia From: Panchakarla,Venkata <Venkata.Panchakarla @dep.state.fl.us> Sent: Thursday, February 13, 2014 3:59 PM To: Hernandez, Migdalia Subject: RE: Letter of explanation for Emergency Well Installation Hi Migdalia— Good morning! After reviewing all the information provided, under the circumstances, in abundance of caution to prevent further hardship to the City and any potential adverse impacts to the people it serves, it has been decided to allow the City to use emergency procurement process to procure this contract. Please submit the design and contract documents for review and approval, making sure that the contract documents contain standard General Conditions and FDEP Supplementary Conditions and that the whole set is signed and sealed. Once all the required documents for the procurement are submitted,we will issue the ATA as expeditiously as possible. Please do not hesitate to contact me if I could be of further assistance to you in this regard. Thanks, Venkata O From: Hernandez, Migdalia [mailto:hernandm @ sanfordfl.gov] Sent: Wednesday, February 12, 2014 11:50 AM To: Panchakarla,Venkata Subject: FW: Attachment B From: printer @sanfordfl.gov Imailto:printer @sanfordfl.gov] Sent: Wednesday, February 12, 2014 11:49 AM To: Hernandez, Migdalia Subject: Sent from CM2320nf MFP From: Hernandez, Migdalia [mailto:hernandm@sanfordfl.gov] Sent: Wednesday, February 12, 2014 11:25 AM To: Panchakarla, Venkata Subject: RE: Letter of explanation for Emergency Well Installation Good morning Venkata and thank you for your prompt review. Regarding your questions, I will try to answer to the best of my knowledge: 1 -1 N N N N N -.I N N N N -' " °"" ' (p 0 J 0 (n A W N-. 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O N o 0) A N N o N 0t 0 U J N O' N O r �1 Z 0 0 0 0 0 0 N 0 O 01 O O O 0101 0 0 0 0 0 0 3 0) O N 01 0 O O o 000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N 0 01 0 0 0 0 0 - 0 W 000000 O O O o 0 0 0 0 0 0 0 0 0 0 0 01 01 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 0 0 0 0 0 0 0 0 o n D 000000 000000000000000000000000 m r M 69 69 69 69 0 N6A -,6)6f, -,k3696969 N6969 w636369 O N O 01 N N W J N J 0 01,,6n 6A 01 N 0 6A 6A 6fl o N (11 m O 01 01100 o 01 O 01 N 01 o O N N N 0 0101 J 63-i 69 W O 01 O O m -40000 0 0 0 0 0 0 0 0 0101 (11 0 0 0 0)(0 01 J 0 0 0 0 0 W co o o o 0 o 0 o 0 0 0 o o O 0 0 0 0 0 o O o o u, 0 0 0 0 0 Z 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n r 00000 00000000000000000000000 m I r Z N 6A 01 0 49 69 4A 63 63 E9 ffl n 6 6 6 NEA A v W 69636n63 69 N W6A6A fA O WO N O(7 A N N W J NJ 0I 0 0 O U1 01 0) 0 01 0 0 01 O N 01 0 (42-4,0-6,010 _ o0010000000010 V 0 0 0 01 0 0 0 00000 0) O O O O O 0 0 0 0 0 0 0 0 o m N 0101 m N O O O O O m W 0 Z 000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ( D p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 m r PROJECT NO. IFB 10/11-10 SECTION 00510 NOTICE OF AWARD FORM TO: Southeast Drilling Services, Inc. NAME OF PROJECT: Well #8 Emergency Replacement The OWNER has considered the BID submitted by you, dated February 7, 2014 for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $442,250.00. You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 3 day of March, 2014. OWNER: City of Sanford (Name of OWNER) By (Sign re) Tom George, Deputy City Manager Tom George, Deputy City Manager ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by -Coo;7a this 3 da * , By Y Printed ame and Title END OF SECTION 00510-1 EMERGENCY PROCUREMENT SECTION 00530 NOTICE TO PROCEED FORM TO: Southeast Drilling Services Inc. 119 Lucina Drive, Hypoluxo, FL 33462 DATE: March 27, 2014 PROJECT: Hidden Lake Well #8R Construction and wells abandonment You are hereby notified to commence WORK in accordance with the Agreement dated March 10, 2014, This Notice authorizes the CONTRACTOR to commence construction, and, in accordance with the Agreement, all work shall be substantially complete no later than 135 days. The date of Final completion is September 9, 2014 135 days later. ISSUED BY: City of Sanford, Florida (Name of OWN," B Signature) // (Printed Name and Title) ACCEPTANCE OF NOTICE ceipt and acceptance of the above NOTICE TO PROCEED is hereby acknowledged by 3,(Airv-tito this 3 day of 41/Z/L iztoR /44s By Printed Name and Title END OF SECTION 00530-1 61) SINFM 44fi ,Vpj Thursday, May 08, 2014 '■ —1877—'� r :A co PURCHASING DEPARTMENT 4 ' TRANSMITTAL MEMORANDUM To: City Clerk/Mayor RE: Southeast Drilling Services, Inc IFB 13/14-12 Hidden Lake Well No. 8 The item(s) noted below is/are attached and forwarded to your office for the following action(s): n Development Order M Mayor's signature n Final Plat (original mylars) ❑ Recording n Letter of Credit _I 'endering ❑ Maintenance Bond N Safe keeping (Vault ❑ Ordinance :- e s y ity Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ® City Clerk Attest/Signature Once completed, please: ❑ Return originals to Purchasing n Return copies ❑ Special Instructions: M a-Yiho(, O rdo vt t,z, 54—it/ A1S7 From Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc °\4 \� b Bond #929452634 ,o 00610-1 0. PAYMENT BOND cr b KNOW ALL MEN BY THESE PRESENTS: that c c• Southeast Drilling Services,Inc. n' (Name of CONTRACTOR) c C 10614 E. US Hwy 92, Tampa, Fl 33610 C, «, (Address of CONTRACTOR) t-a ' f� r� Corporation , hereinafter called "' (Corporation, Partnership or Individual) 2 u, Principal, and Western Surety Company o ; ; (Name of Surety) iA- ^S 4.1 P.O. Box 5077, Sioux Falls, SD 57117 , SD (Address of Surety) ' :x c,� UQ ,'- hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida hereinafter ;': called OWNER, in the full and just Sum of Four hundred forty two thousand two hundred fifty \� r DOLLARS ($ 442,250.00 ) in lawful money of the United States, for n \ E. the payment of which sum well and truly to be made, we bind ourselves, successors, and M assigns, jointly and severally, firmly by these presents. The sum shall not be less than one o 'it hundred ten percent (110%) of the Contract Price. ,-, rn ,x= go LEI THE CONDITION OF THIS OBLIGATION is such h t whe eas, the Principal entered into a o c; certain Agreement with the OWNER, dated the I C� day of /0-2 Via, a: ,d/y w 0... 0 !; �a5 a copy of which is hereto attached and made a part hereof for the construction of 2) Hidden Z 7 Lake Well No. 8 EMER 13/14-12 DEP- DW59012 Project No. DW 1107. {.-, ..x: 1) Name of Owner 0 iii 2) Name of Project identified in Instructions to Bidders C in The Surety shall be bound by any and all alternative dispute resolution awards and settlements c=o u ; to the same extent as CONTRACTOR is bound. v, ,.,_ i11 P CD I.Y. ."I. V .. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make ti u payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal .. s to with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the tTj. ;;;3 Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain w ti IT in full force and effect subject, however, to the following conditions: N J (-) III W 1. This Bond is furnished for the purpose of complying with the requirements of �, 0 Section 255.05, Florida Statutes, as the same may be amended. co "> w cA f .;, 2. Therefore, a claimant, except a laborer, who is not in privity with the ui ; CONTRACTOR and who has not received payment for his labor, Materials or :'T. supplies shall, within forty-five (45) days after beginning to furnish labor, ,w' w c I c' Hidden Lake Well No. 8 EMER 13/14-12 DEP-DW59012 c:, a- `, Project No. DW 1107 LIJ 610-2 3. Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Materials or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 4. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. 6. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. IN WITNESS WHEREOF, this instrument is executed this the 14th day of March 2014 Southeast Drilling Services,lnc. ATTEST: Principal (Contractor) • gx-fle-4- 1 4111i _ Secretary ( incipal) By ( ignature r def , .1/1(464 AL CI' I('Cj Vdi? 45i Typed Name "' " Typed Name and Title • Q• / L,,, +'_• 10614 E. US Hwy 92 (CORPORATE SEALL- `'c(� � �'.' Address • Hidden Lake Well No. 8 E E ��N(16TI 9G}V,,DW59012 Project No. DW 1107 t • ,t'/ /f 111,,,,,1 r . 610-3 Tampa, Fl 33610 City, State, Zip . 1�-C=ep_—,' ,../( ): 813-968-7277 813-443-0530 (Witness to Principal) Telephone No. Facsimile No. sc rl d(- ., P- G-c t-to 1 .6 c ►`\ Typed Name ATTEST: a - -Q /cutifyL Western Surety Company (Sur y) Secketary / Surety c, •Sharpri^Taylor 407-919-3942 407-919-3951 0 ,Typed, 4a-m Telephone No Facsimile No Q c> '�°�(CCC RP' .ATE SEAL) �• - %,•%,„ 'K 900 re's as to Surety 9Attorn -in-Fact Cheryl Turner Jennifer A Fava Typed a e / Typed Name Aar._ / _ 11470 N. 53rd Street itness as t. Sure y Address MaryKay Stacey Temple Terrace, Fl 33610 Typed Name City, State, Zip 813-988-1234 813-988-0989 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures' shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION Hidden Lake Well No. 8 EMER 13/14-12 DEP-DW59012 Project No. DW 1107 PERFORMANCE BOND Bond # 929452634 00605 KNOW ALL MEN BY THESE PRESENTS: that Southeast Drilling Services, Inc. (Name of CONTRACTOR) 10614 E. US h 92, Tampa,w 9 y pa, Fl 33610 (Address of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and Western Surety Company (Name of Surety) P.O. Box 5077, Sioux Falls, SD 57117 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida hereinafter called OWNER, in the full and just Sum of Four hundred forty two thousand two hundred fifty DOLLARS ($ 442,250.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100%) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such hat wh reas, the Principal entered into a certain Agreement with the OWNER, dated the /l)Ct rCI /0 •-1-2) day of c Olt/ a copy of which is hereto attached and made a part hereof for the construction of 2) Hidden Lake Well No. 8 EMER 13/14-12 DEP- DW59012 Project No. DW 1107. 1) Name of Owner 2) Name of Project identified in Instructions to Bidders This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on Hidden Lake Well No. 8 EMER 13/14-12 DEP- DW59012 Project No. OW 1107 00605-1 PERFORMANCE BOND • appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co-equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re-bid and re-let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. Hidden Lake Well No. 8 EMER 13/14-12 DEP-DW59012 Project No. DW 1107 00605-2 L PERFORMANCE BOND Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute. The Surety agrees that this Bond shall be construed as a common law bond. IN WITNESS WHEREOF, this instrument is executed this the 14th day of March , 2014 Southeast Drilling Services,lnc. ATTEST: Principal (Contractor • Secretary (P6ncipal) 1 / By (Sign •+"r- a ° We. /eg /ev', tre PPrelf1de t its‘1(itli",Typpfd Name Typed Name and Title r C •• 10614 E. US Hwy 92 /&.tixuaspvtP,OIRATE SEAL) Address •o n r'' jV ;7 Tampa, Fl 33610 '•y , City, State, Zip • 2 erAtt ,&vL`,0 813-968-7277 813443-0530 > r W.tness to Principal) Telephone No. Facsimile No. Mar/C' o e, Typed Name ATTEST: alt./ /2y lot Western Surety Company (Suret ) Secreltary ' Surety Sharon Taylor 407-919-3942 407-919-3951 Typed Name Telephone No. Facsimile No. (CORPORATE SEAL) '•F;N Y ' Hidden Lake Well No. 8 EMER 13/14-12 DEP-DW59012 /,� �4 0•.x.1 Y.- • Project No. DW 1107 Cr a - � 00605-3 u�•'• a � ••••••Pi- 3M,,,',0 , PERFORMANCE BOND • By: /itnes as to Surety /Attorne An- act Cheryl Turner Jennifer A Fava Typed ame Typed Name �� -` ,A� _ 11470 N. 53rd Street Amy itness as to Su ety Address Mary Kay Stacey Temple Terrace, Fl 33617 Typed Name City, State, Zip 813-988-1234 813-988-0989 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures' shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION Hidden Lake Well No. 8 EMER 13/14-12 DEP- DW59012 Project No. DW 1107 00605-4 L