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1545* Southeast Drilling Services Chg Ord #4 1,pRgj Friday, November 14, 2014 —1877-4 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk RE: Southeast Drilling Services PO 33258.3 Change Order No. 4 Reduce PO IFB 11/12-17 Hidden Lakes Well No. 7 Replacement The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies Special Instructions: Mcu-i�o{. Oroto-t t.err. (qq,-ty From Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc DATE: 01/17/13 PURCHASE ORDER PO NUMBER 033258 CITY OF SANFORD CHANGE # : 3 P.O. BOX 1788 DATE CHG: 07/09/13 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. •-•--- 09/30/13 NET/30 63587 ACCOUNT NO.: 452-4530-. NO DEVIATION FROM THIS PURCHASE 1ASING MANAGER-CITY OF SANFORD T OF ITEM NO. DES( SUE UNIT COST EXTENDED COST **************** • * * CHANG * ****************, 1 HIDDEN LAKES WEL] 3 1 . 00 327200 . 00 SRF DW 590120 Increase PO chan< ciSc:\> from 1, 500 gpm to 2, 000 gpm char contract add 115 days total of 235 2 INCREASE PO CHANG 1 . 00 7341 . 00 ADDITIONAL SERVIC 3 UPGRADE FENCE TO ACCOMODATE SCADA 43905 . 00 NA 1 . 00 43905 . 00 & ELECTRIC GENERATOR. COMPLETE NECESSARY ELECTRICAL WORK TO ACCOMMODARE NEW CONSTRUCTION INCLUDING ADDITION AL SET UP FOR A PORTABLE GENERATOR. EMERGENCY REPAIRS. . . CHANGE ORDER NO. 3 INCREASE PO Reduce PO for the Amount of -$18,230 Change Order No. 4 Per Dept . , MH/BD 8 .26 . 14 4 REDUCE PO DUE TO UNUSED ITEMS & 18230 . 00- NA 1 . 00 18230. 00- RECTIFIED TIME SUB-TOTAL 360216 . 00 TOTAL 360216 . 00 APPROVED BY: //�/�.�///� APPROVED BY: )L so 4i a ) v P J�I G 'BEN CI ANAGER ALL PACKAGES A :, IVOICES ASSOCIATED WITH HIS P.O.MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ A s 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 PROJECT NO. IFB 11/12-17 SECTION 00850 CHANGE ORDER FORM Change Order No. 4 C 0#3 3■9•5� Project Title Hidden Lakes Well 7 Replacement Bid No. IFB 11/12-17 Owner: City of Sanford Contractor: Southeast Drilling Services, Inc. Agreement Date: October 24, 2012 This Change Order is necessary to cover changes in the work to be performed under this Agreement. The GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, and STANDARD SPECIFICATIONS apply to and govern all work under this Change Order. THE FOLLOWING CHANGES ARE MADE TO THE CONTRACT DOCUMENTS: (1) Original Contract Price $ 327,200 (2) Current Contract Price (Adjusted by Previous Change Orders) $ 378,446 (3) Total Proposed Change in Contract Price $ (18,230) (4) New Contract Price (Item 2 + Item 3) $ 360,216 (5) Original Contract Time 120 Days (6) Current Contract Time (Adjusted by Previous Change Orders) 381 Days (7) Total Proposed Change in Contract Time 160 Days (8) New Contract Time (Item 6 + Item 7) 541 Days (9) Original Contract Substantial Completion Date 5/15/13 (10) New Contract Substantial Completion Date 7/10/14 00850-11 PROJECT NO. IFB 11/12-17 CHANGES ORDERED ITEM 1 Description of Change: Reduced the contract amount due to unused items in the original contract. Added time to the contract to adjust final resolved issues. Reason for Change: To rectify the final contract amount and contract time. Change in Contract Price: ($18,230) Change in Contract Time: 160 Days ITEM 2 Description of Change: Reason for Change: Change in Contract Price: Change in Contract Time: ITEM 3 Description of Change: Reason for Change: Change in Contract Price: Change in Contract Time: ITEM 4 Description of Change: Reason for Change: Change in Contract Price: 00850-2 PROJECT NO. IFB 11112-17 Change in Contract Time: ITEM 5 Description of Change: Reason for Change: Change in Contract Price: Change in Contract Time: CHANGE ORDER SUMMARY Change in Change in No. Description Contract Price Contract Time 1 Decreased contract price due to unused items and ($18,230) 160 rectified contract time 2 3 4 5 TOTAL ($18,230) 160 Days WAIVER This Change Order constitutes full and mutual accord and satisfaction for the adjustment of the Contract Price and Contract Time as a result of increases or decreases in cost and time of performance caused directly and indirectly from the change. Acceptance of this Waiver constitutes an agreement between OWNER and CONTRACTOR that the Change Order represents an equitable adjustment to the Agreement and that CONTRACTOR shall waive all rights to file a Contract Claim or claim of any nature on this Change Order. Execution of this Change Order shall constitute CONTRACTOR'S complete acceptance and satisfaction that it is entitled to no more costs or time (direct, indirect, impact, etc.) pursuant to this Change Order. 00850-3 PROJECT NO. IFB 11/12-17 APPROVAL AND CHANGE ORDER AUTHORIZATION ACKNOWLEDGMENTS The aforementioned change, and work affected thereby, is subject to all provisions of the original Agreement and specifically changed by this Change Order; and it is expressly understood and agreed that the approval of the Change Order shall have no effect on the original Agreement other than matters expressly provided herein. ATTEST: Southeast Drilling Services, Inc. Contractor • /�; _ W. B. Ziegler/President ice President � �� Printe• Name -nd Title of Officer • Date By (Sign /' ) 7' (Corporate Seal) Date / • ATTEST: City of Sanford Owner • L. Pr,es14�.y "°d ' (Sig ature) Printed Name an Title -z-�— t Lf Date By (Signature) (Seal) Date END OF SECTION 00850-4 PROJECT NO. IFB 11/12-17 SECTION 00645 CONTRACTOR'S RELEASE OF LIEN (FINAL AND COMPLETE) Before me, the undersigned authority in said County and State, appeared W.B. Ziegler, who, being first duly sworn, deposes and says that he is President of Southeast Drilling Services, Inc., a company and/or corporation authorized to do business under the laws of the State of Florida , and is the CONTRACTOR on the Project known as j Hidden Lakes Well 7 Replacement, Solicitation Number IFB 11/12-17, located in Seminole County, State of Florida, under an Agreement with the OWNER, 2) City of Sanford, Florida, the date of said Agreement which is October 30, 2012. 1) Well No. 7 Replacement 2) City of Sanford Let it be known that the said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said contractor and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as contractor or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by contractor under the above contract. Deponent further agrees that all guarantees under this contract shall and be in full force from the date of this release as spelled out in the Contract Documents. t/ IN WITNESS WHEREOF, I/we have executed this instrument under seal this -71 i day of Autho zed Re r-..' nt. ive (Signature) W. B. Ziegler/' esident (SEAL) Printed Name and Title STATE OF Florida COUNTY OF Hillsborough it,tbi The foregoing instrument w�s-`a'cknowledged before me this (-P day of O by L . 6. Zt € - of `xx GSF of G 52Wtc-eS (corporation), on behalf of the corporation, who is personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath.itt Sworn to and subscribed to before me this rO day of l/ , �/ 00645-1 PROJECT NO. IFB 11/12-17 -170aAJ-k-- (Signature) (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: END OF SECTION •"""• B.MARIE BROOD O�P0.V P(� i _,�„B`o; Notary Public-State of Florida •; e4� : My Comm.Expires Nov 13,2015 Commission#EE 115985 ''%°r. ''''' Bonded Through National Notary Assn. 00645-2 PROJECT NO. IFB 11/12-17 • SECTION 00644 SUBCONTRACTOR'S RELEASE OF LIEN (FINAL AND COMPLETE) Before me, the undersigned authority in said County and State, appeared Jeffrey J. Hausinger, who, being first duly sworn, deposes and says that he is President of Hausinger & Associates, Inc., a company and/or corporation authorized to do business in the State of Florida, and is a SUBCONTRACTORNENDOR/LIENOR in a contract entered into between the CONTRACTOR, 1. Southeast Drilling Services, Inc. and the City of Sanford for the Project known as 2) Hidden Lakes Well 7 Replacement, Solicitation Number IFB 11/12-17 located in Seminole County, Florida under an Agreement with the CITY OF SANFORD the date of said Agreement which is 3) October 30th, 2012 Let it be known that the undersigned SubcontractorNendor/Lienor is duly authorized to make this affidavit in consideration of the final payment in the amount of 4 )$20,080.00, and hereby waives all rights to claim a lien for labor, services, equipment, or materials furnished to the CONTRACTOR on the project and property identified herein before and after. 5 Hidden Lakes Well 7 Replacement, Solicitation Number IFB 11/12-17 IN WITNESS WHEREOF, I/we r:ve executed this instrument under seal this 1st day of May, 2014 . • Authorized Representati, - (Signature) Jeffrey J. Hausinger, President (SEAL) Printed Name and Title ItechwieDeSwir STATE OF FLORIDA s NotiyPubic l J smti Florida COUNTY OF MANATEE : ' ifiCbnwission Expires 10/15(2017 IDOtaniiiion N0.FF 63069 The foregoing instrument was acknowledged before me this 1St day of May 2014 by Jeffrey J. Hausinger of Hausinger& Associates, Inc. (corporation), on behalf of the corporation, who is personally known to me or has produced FL DL # H252-430-57-122-0 (Type of Identification) as identification and who did (did not) take an oath. Sworn to and subscribed to before me this 1St day of May, 2014 1 • vrfi toil ure) (..0/ -02T\ Drarf.X.( (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: 1,0 ) aon • END OF SECTION 00644 PROJECT NO. IFB 11/12-17 SECTION 00644 SUBCONTRACTOR'S RELEASE OF LIEN (FINAL AND COMPLETE) Before me, the undersigned authority in said County and State, appeared llt � - nr-t1OeY'c.) , who, being first duly sworn, deposes nd says that he is 5a4 ./T iron S u4 of ��L r('_ '( r LO a company and/or corporation authorized to di-business in the State of F�ida, and is a SUBCONTRACT NENDORJLIENOR in a contract entered into between the CONTRACTOR, 1) 5.)0.4 t'c f 1) 'I I It rVVC l Tic and the City of Sanford for the Project known as 2) Hidden Lakes Well 7 Replacement, Solicitation Number IFB 11/12-17, located in Seminole County, Florida under.an/agreement with the CITY OF SANFORD the date of said Agreement which is 3) /Z/i 2/i3 1)Name of Contractor 2)Name of Project identified in Instructions to Bidders 3)Date of Referenced Agreement Let it be known that the undersigned SubcontractorNendor/Lienor is duly authorized to make this affidavit in consideration of the final payment in the amount of 4) 3 &sr,•O() , and hereby waives all rights to claim a lien for labor, services, equipment, or materials furnished to the CONTRACTOR on the project and property identified herein before. 4)Amount of Final Payment 5)Address and Identification of the Property -+Tit IN WITNESS WHEREOF, I/we have executed this instrument under seal this day of ply Authorized Representative (Signature) �Unn(L @ LJ'2 411\0e.,r 3e . /Teasiia1 (SEAL) Printed Name and Title (j STATE OF COUNTY OF �E- The foregoing instrument was acknowledged before me this day of 2-O/'/ by of Flee 00.-npa 0,-1 (corporation), on behalf the corporation, who is personally no me or has produced (Type of Identification) as identification and who did (did not) take an oath. Sworn to and subscribed to before me this day of r (Signature) .7.1;26"<41- •►".^ Notary Public gt.te of Florida • Kristin Ka- (Print nam-, ¶:1aj'P' •i' V' oos �t c se C my and State Aforementioned ii z My Commission Expires: END OF SECTION 00644 WAIVER&RELEASE UPON FINAL PMT Page 1 of 1 •_ SUPPLY POWER SOLUTIONS WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT 1091617 The undersigned lienor,in consideration of the final payment in the amount of$10.00 hereby waives and releases its lien and right to claim a lien for labor,services or materials invoiced to ORANGE ELECTRIC COMPANY on the job of CITY OF SANFORD FLORIDA(owner),to the following described property: 3450 SOUTH ORLANDO DRIVE,SANFORD,FLORIDA,"HIDDEN LAKES WELL 7 REPLACEMENT,SOLICITATION NUMBER IFB 11/12-17",BOND NUMBER 929452628,SEMINOLE COUNTY,FLORIDA. DATED on JULY 30,2014 HD SUPPLY POWER SOLUTIONS LTD F/K/A HD SUPPLY ELECTRICAL LTD ATTN:ELLLIE WATTS 501 W CHURCH ST O NDO FL 32805 Ili By: ''��. PATTI JOHNSON Lien Release Supery S orn to and subscribed before me this JULY 30,2 14 ; :i :'\,; : Commission#EE 830737 ...�,:_ Expires December 15,2016 ft.__ %/ -4:t 0.P,• Bonded Thru Troy Fain Inswance 800385-7019 % AI Air - M*_ iu_ 1III 1_. ign. ure o Notary Pubic Print,Type or Stamp Commissioned State of Florida Name of Notary Public Personally Known XX OR,Produced Identification N/A Type of Identification Produced N/A https://www.nacmtampa.com/webwiz/wwiz.asp 7/30/2014 PROJECT NO. IFB 11/12-17 SECTION 00644 SUBCONTRACTOR'S RELEASE OF (LIEN (FINAL AND COMPLETE) Before me, the undersigned authority in said County and State, appeared 1 1 'If V who, being first duly : worn�d�e�ose��`n(clys,that he is 2.411-1, i1� of ��J1 'l,1 I t ` n� A r , a corn.... -•• • corporation authorized to do business in the State of Florida, and is a ow 2 - e - _ ' :- ENDOR/LIENOR in a ontract entered into between the CONTRACTOR, 1) Saialli1' Ion C c� (;tsD and the City of Sanford for the Project known as 2) Hidden Lakes Well 7 Replathment, Solicitation Number IFB 11/12-17, located in Seminole County, Florida Linder an Agreement with the CITY OF SANFORD the date of said Agreement which is 3) 41111/ i4( - I 1)Name of Contractor 2)Name of Project identified in Instructions to Bidders 3)Date of Referenced Agreement Let it be known that the undersigned Subcontrac r/Vendor/Lienor idtt authorized to make this affidavit in consideration of the final payment in the amount of 4) 1 , and hereby waives all rights to claim a lien for labor, services, equipment, or materials furnished to the CONTRACTOR on the project and property identified herein before. 4)Amount of Final Payment 5)Address and Identification of the Property 1 IN WITNESS WHEREOF/we h�v ecuted this instrument under seal this day of 4 Auth/o��rkettl epresl tive (SiigVITNII-or nature) `TG I 1 I Mu SI (SEAL) Printed Name and Title 'jnr/^/ •""n'll MEREDITH BLAIR DEMACK {-' `J'PY PLB''' STATE OF _`tom�= Notary Public,State of Texas ,: /.N :y; My Commission Expires 'er 1` 4EaF��. June 12, 2017 COUNTY OF `�� The foregoing instrument was acknowledged be o eme this f�,/ day of V-�+� b f A 11 1' AI IA L MINI (corporation), on behalf of the corporation, who is personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. Sworn to and ub.ci•:• t be r- eth.,kr IJ day of _'r , I' r i 1 .!/I�' g Ii&1w( (v.` -ture) v���11 I v,1C7\r , OLV- (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: 12-11 END OF SECTION 00644 PROJECT NO. IFB 11/12-17 SECTION 00617 CONSENT OF SURETY TO FINAL PAYMENT WE, the Western Surety Company , having heretofore executed Performance and Payment Bonds for the Project known as Hidden Lakes Well 7 Replacement, Solicitation Number IFB 11/12-17 , in the sum of Three Hundred Sixty Thousand Two Hundred Sixteen Dollars ($ 360,216.00 ), hereby agree that the OWNER may make full payment of the final estimate, including the retained percentage, to said CONTRACTOR. The Surety concurs that full payment to the CONTRACTOR is appropriate and the Surety expressly releases the OWNER from all liability to Surety resulting from full payment to CONTRACTOR. It is fully understood that the granting of the right to the OWNER to make payment of the final estimate to said contractor and/or his assigns, shall in no way relieve this surety company of its obligations under its bond, as set forth in the specifications, contract and bond pertaining to the above project. IN WITNESS WHEREOF, the Western Surety Company has caused this instrument to be executed on its behalf by its Attorn-y-in-Fact, Michael Rogers and its duly authorized attorney in f, , d corporate seal to be hereunto affixed, all on this 10th day of July AlW 2014 A"— / Western Surety Company / / • Surety Attorney-in-Fact (Power of Attorney must be attached if executed by Attorney in Fact) STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me this 10th day of July 2014 by Michael Rogers of Western Surety Company (corporation), on behalf of the corporation, who is personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. Sworn to and subscribed to before me this 10th day of July , 2014 (Signature) Sharon E. Taylor (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: U Y /lS /.2 0 1,5 END OF SECTION ,P Notary public State or Florida 49% E Tay EE062416 lor 49% p My Commission 00617-1 + 0 Nom Expires 04115/2015 • . 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 Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts — and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 10th day of December,2012. ,s�;ETrc WESTERN SURETY COMPANY . 33.. ufpPPOgq):e@ / 12i4 �IY 222 / rrt osi• •aul T.Bruflat,Vice President State of South Dakota l County of Minnehaha 3 ss On this 10th day of December,2012,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the 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 • • J.MOHR fq June 23,2015 # NOTARY PUBLIC { i SOUTH DAKOTA a - t Q%7Y) 61-11) 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 printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this I 0 It. day of ,,/Lc� , 2 v . WESTERN SURETY COMPANY V0P gjVos Wt=i f.* trjffPµ • L.Nelson,Assistant Secretary Form F4280-7-2012 PROJECT NO. IFB 11/12-17 SECTION 00615 MATERIAL AND WORKMANSHIP BOND KNOW ALL MEN BY THESE PRESENTS: Southeast Drilling Services, Inc. THAT WE , 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 $ 360,216.00 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 Lakes Well 7 Replacement, Solicitation Number IFB 11/12-17 , and WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated October 24 , 2012 _ and filed with the Purchasing Office of OWNER; and Southeast Drilling Services. 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 00615-1 PROJECT NO. IFB 11/12-17 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, 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 10th day of July 2014 Southeast Drilling Services, Inc. ATTEST: Principal tractor, Secretary (Pri ipal) By (Sign ••=) Sonya P. Ziegler �. � .z E6,LEtZ � 1)se_E PLESt DF-IJT Typed Name Typed Name and Title 10614 E. US Hwy. 92 (CORPORATE SEAL) Address Tampa, Florida 33604 City, State, Zip "19412,t,(L -(9t '(.- 813-968-7277 813-443-0530 (Witness to Principal) Telephone No. Facsimile No. B. Marie Brood Typed Name ATTEST: Western Surety Company (Surety) Secretary Surety 407-919-3942 407-919-3951 Typed Name Telephone No Facsimile No. ( ORP•: CE/ L) By: Witness -; to Surety Attorney-in-Fact 00615-2 PROJECT NO. IFB 11/12-17 Trevor Alt arthy Michael Rogers Type. - Typed Name / 11470 N. 53rd Street itnes as to Surety Address Jason Farquhar Tampa, 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 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