2238 IFB 19/20-23 Southeast Drilling Svcs - Abandon WellsC
CITY
IOIIQ-�-
Y OF
SNFOPD
FINANCE DEPARTMENT
PURCHASING DEPAmr,mF.mr
TRANSMin'AL MEMORANDUM
TO: City Clerk/Mayor
1FB 19/20-23 Abandon Wells
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
F -j
Development Order
F-1
Mayor's signature
[—I
Final Plat (original mylars)
F-1
Recording
F-1
Letter of Credit
F-1
Rendering
F-1
Maintenance Bond
E
Safe keeping (Vault)
F-1
Ordinance
F-1
Deputy City Manager
F-1
Performance Bond
F-1
Payment Bond
F-1
Resolution
❑
City Manager Signature
El
❑
City Clerk Attest/Signature
F1
City Attorney/Signature
Once completed, please:
F-1 Return originals to Purchasing- Department
❑ Return copies
R
Special Instructions: Fully executed agreement and recorded bonds
From
SharePoint—Finance—Purchasing_Forms - 2018.doe
--A �26'�`1020
Date
CP
SECTION 00620
AGREEMENTFORM
PARTI GENERAL
1'01 THIS AGREEMENT, duv
by and between the City of Sanford, Florida, 300 North Park Avenue, Sanford, Florida
32771, e rnunicipal corporation of the State of Florida, holding tax exempt statua,
hereinafter referred bo aathe "C|TY" (also referred toao "OWNER") and Southeast
Drilling Services, Inc., whose principal and local address ia 10614 East
US Hwy 92, Tampa, FL 33610, hereinafter referred to an to as the
"CONTRACTOR". The CITY and the CONTRACTOR are collectively referred to herein
as the Parties.
1.02 The Owner and Contractor Agree amFollows:
A. The Contract Documents include the Agreement, Addenda (which pertain to the
Contract Doounounto\, Contractor's Bid. Notice to Proceed, the Bonds. the
General Conditions, the Supplementary Conditions, the Specifications listed in
the Index to the yWanuo|' any technical specifications as incorporated by the
Project Manual; the Drawings as listed in the Project NYanuo|. all Written
Amendments, Change Orders, Work Change Directives, Field Orders, Engineer's
written interpretations and c|orifiocdinna 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 tido 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, fudher, agreed to be incorporated into the
Contract as if fully set forth therein verbatim. The Contract Documents include:
1. Section UO41OBid Price Submission Form.
2. Section 0D42DBid Bond Form
3. Section 0O425Security and Public Safety Requirement Affidavit
4. Section OO432Non Collusion /#ffidmvit
5. Section OO434Conflict ofInterest Affidavit
S. Section 0O438Florida Public Entities Crime Affidavit
7. Section UO430Compliance With the Public Records Law Affidavit
8. Section 00442 Receipt of Exempt Public Records and Agreement to
Safeguard (Executed Form)
3. Section OO450Cert. Non -Segregated Facilities
10. Section O0452Disputes Disclosure Form
11. Section OO454Drug Free Workplace Affidavit
13. Section 0O450Unauthorized UUaga|>Alien Worker Affidavit
13. Section 0U458E-VarifvCompliance Affidavit
14. Section OO40DADA /Nffidavit
IFB19/2V'23ABANDON WELLS yq AGREEMENT
15. Section 00402 Financial Information Form) 0f Required by
16. Section 00463 Florida Trench Safety Act Statement
17. Section 0O47OCriminal Background Check, ifrequired bvthe City
18. Section OU5O5Notice ofIntent tuAward
19. Section 0O51ONotice ofAward
20. Section OO520Executed, Agreement Form.
21. The Project K8anua|. Note the Index (starting onpage number OOO1O-1of
the Project Manual) includes all instructions, terrna, general and
supplemental conditions, bid dooumnmnts, plana' prints and specifications
pertaining to the Project.
22. Section 00525 Criminal Background Check Requirements- (Note: For
projects where this form is not required, it will be excluded from the forms
contained in the Project Manual and will notbo uform required to be
executed bythe Biddar/Contnaotor.
23. Section OO53DNotice tnProceed
24. Section OO8U5Performance Bond
25. Section OOO1OPayment Bond
26. Section 00015Material and Workmanship Bond
27. Section UOO17Consent ofSurety hnFinal Payment (Executed Form)
28. Section 0OO18Insurance {}artificute(a)
29. Section UO024Incentive/Liquidated Damages Payments Designation
30. Section OOG25Contractor's Application for Payment (Executed Formo).
31. Section 80S26Certificate ofSubstantial Completion
32. Section 0D027Certificate ofFinal Completion
33. Section 00648 Contractor's Partial Release ofLien (Executed Forms)
34. Section OOO41Subcontractor's Final Release ofLien (Executed Forms)
35. Section OUG44Subcontractor's Partial Release ofLien (Executed Forms)
38. Section 8OG45Contractor's Release ufLien (Executed Forms)
37. Section 00848 Project Field Onder(Enacuted Form).
38. Section OO845Work Directive Change (Executed Furnn).
30. Section 8O858Change Order (Executed).
40. Attachment '^8"Addendum Receipt Acknowledgement Certification
41. Attachment "C"Organization Information
42. Attachment "D" Contractor Certification Regarding Scrutinized Companies
43. Attachment "E"Reference
44. Attachment ^F^Proposed Schedule ofSubcontractor Participation
45. Proposed Scheduled ofSubcontractors Participation
48. Additional document(s) that are not specifically listed in Paragraph
1.02.A.1 through 1.02.A.30. but which are included in the Project Manual
and any additional documents agreed upon by the Parties shall be
included ooapart ofthe Contract.
These documents form the Contract and all are as fully opart of the Contract as
if attached to this Aoraornmrt or repeated herein. As the documents indicated
above are executed, the date nffinal execution and initials ofthe individual who
received the executed document(s) is to be added to the blank next to the listed
document(o) when processed and made o pad of the City's official set of
Contract Documents.
IFB19128-23 ABANDON WELLS (5) AGREEMENT
B. Scope of Work
The Contractor shall perform all Work required bythe Contract Documents for
the construction ofthe ABANDON WELLS (5)
C Contract Time
The Contractor shall begin Work after the issuance ofawritten Notice to Proceed
from Owner and shall substantially complete the Work within the Contract Time
identified in Paragraphs 1.O2.C.4nfthe Bid Form, which is 120 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 dote
mfsubstantial completion.
O. Liquidated Damages
OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph C above, o|uo any
extensions thereof allowed in accordance with the General Conditions. They
also recognize the do|oyo, expense and difficulties involved in proving in a legal
arbitration proceeding the actual |oao suffered by OWNER if the Work is not
substantially complete ontime. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that eoliquidated damages for delay (but not
000penalty) CONTRACTOR shall pay OWNER $_1{00Xl__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
ospenalty, one-fourth (1/4)nfthe rate set forth above.
E Contract Price
Lump Sum Contract
The Owner will pay the Contractor incurrent funds for the performance of the
Work, subject toadditions and deductions bvChange Order, the Total Contract
Lump Sum Price of SIXTY — NINE THOUSAND FIVE HUNDRED DOLLARS
). Payments will bemade tothe Contractor based onthe
Schedule of Values included as a part of his Bid, which shall be as fully a part of
the Contract as if attached or repeated henain, and subject to completion of the
Work, |naccordance with the Contract Documents.
F City ofSanford Tax Recovery
The CONTRACTOR shall cooperate with the CITY in the implementation of the
C[TY'stox recovery program and, tothat end; the CITY may make purchases
directly under its purchase order processes relative to various materials, supplies
IFBis/2n-23ABANDON WELLS (5) AGREEMENT
and equipment that may bepart ofthe 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 ofeach application for payment shall beequal to
the total value of the Work padbnned to deba. |nso an amount retained, and less
payments previously made and amounts withheld in accordance with the General
Conditions and Supplementary Conditions. Retainage for this Project im1O96.to
baheld byOwner aecollateral security toensure completion ofWork. When the
Work is 50 percent complete, defined as being 50 percent complete based on the
construction progress schedule aaupdated during construction, and expenditure
of at least 50 percent of the total updated construction oust, retainage shall be
reduced inaccordance with State law.
Engineer
The Project has been designed byCPH.|no,referred tointhe documents as the
J. Additional Terms and Conditions
The CONTRACTOR hereby warrants and represents to the CITY that dis
competent and otherwise able to provide professional and high quality
goods and/or services tothe CITY bymeans ofemployees who are neat
inappearance and ofpolite demeanor.
2. All submissions submitted by the CONTRACTOR in thep0posa|s/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
C|TY'o 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 end/or amn/icee provider shall
provide goods and/or services for the C|TY'm projects.
4. The CONTRACTOR agrees toprovide and ensure coordination between
0ooda/een/inesprmviden*.
|FB 19120'2aABANDON WELLS (6) AGREEMENT
00638-4
5. Each party hereto represents tothe 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 tn undertake all ub|iQodono
imposed on it. The person(s) executing this Agreement for the
CONTRACTOR oarbfv that he/she8hey is/are authorized to bind the
CONTRACTOR fully tothe terms nfthis Agreement.
O` The CONTRACTOR hereby guarantees the CITY that all nlateriaky,
supplies, services and equipment anlisted nnoPurchase Order meet the
requirementm, npeoUioaUona and standards as provided for under the
Federal Occupations Safety and Health Act of 1870. from time to time
amended and inforce nnthe date hereof.
7. It is agreed that nothing herein contained is intended or should be
construed as in any manner creating or aob*bhnhng a relationship of co-
partners between the padies, or as constituting the CONTRACTOR
(induding, but not limited to, its officeno, amnp|oyaeS, and agents) the
agent, representative, oremployee ofthe CITY for any purpose, orinany
manner, whatsoever. The CONTRACTOR is to be and shall namo|n
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 oen/imsn and functions pursuant to this
Agreement shall have no o|eirn to pension, workers' nnmnponaodon'
unemployment cnnnpenoatiun, civil service or other employee rights or
privileges granted to the C|TY'e offioana and employees either by
operation oflaw orbvthe CITY.
9. Noclaim 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 C|TY, and hereby represents to the C|TY, that it has
extensive experience in performing and providing the services and/or
goods described inthis Agreement and that itiowell acquainted with the
components that are properly and customarily included within such
projects and the requirements of |mwm, ordinonue, ru|es, regulations or
ondove of any public authority or licensing entity having jurisdiction over
the CITY's Projects.
11. Quality, Professional Standards, and Security Requirements
m. Under this paragraph 11.the term "CONTRACTOR'S employees"
shall include CONTRACTOR'S o0ente, ennplovaao and
|FB19120-23ABANDON WELLS (5) AGREEMENT
SUBCONTRACTORS to SUBCONTRACTORSmgents
and employees.
b. The CONTRACTOR shall be responsible for the professional
qua|dv, accepted mtendurda, technical mnouuany, nmotngon of
appearance of emno|oyeos, employee conduct, aofehv, and the
coordination ofall services furnished bythe CONTRACTOR under
any Agreement resulting from this solicitation. The City neman/ea
the right to require all CONTRACTOR employees, when on City
property or Work aitas, towear identification badges at all times
vvhinh, at o rnininnurn, provides the name of the employee and the
CONTRACTOR.
C. The CITY reserves the right to require the CONTRACTORto
provide to the CITY a list of employees vvnddn0 on the project.
/\|no' the list ehoU include employee working days, times and
assignments within forty-eight (48) hours of the C|TY'a YvhMan
request for such information. This information will be novievved,
screened and verified by the C|TY, prior to the ennp|nymen of the
CONTRACTOR entering the C|TY'apremises and/or work sites.
The CONTRACTOR nhoU comply with Section 00525 concerning
criminal background check requirements of the employees of the
Contractor and Subcontractors.
e. In the event employees of the Contractor and Subcontractor do
not quo|Uv to Work on the Project due to A) Fm|una to have the
required chmninal background check napodo submitted to the City
by the FOLE; or B) Unsatisfactory background check reports on
employees; then those employees will bodisqualified bythe City,
and those disqualified employees will not bmallowed toWork on
the Project. Disqualification ofemployees toWork onthe Project
is a non -excusable delay to the Contract for which the City will not
grant Contract Time extension.
Additionally, the CITY may request and the CONTRACTORehad
provide the nonle` address and social security Dumber and
licenses (driver'e, oonnnneuja| dhme/o license or CDL, or other
operator's license) for employees of the CONTRACTOR and/or
SUBCONTRACTORS that may work onthe QTY'spremises in
positions found by the City to be critical to the security and/or
public oofeb/ of the CITY by reason of ocoeoe to any publicly
owned oroperated facility. The CONTRACTOR shall release such
information upon approval of the affected employees. If an
employee refuses toauthorize the release oftheir address, social
security number and/or licenses they shall not beallowed tuwork
orcontinue towork insuch critical positions.
IFB1y12o-2aABANDON WELLS (5) AGREEMENT
e The CONTRACTOR shall work closely with the CITY on all
aspects of the provision of the goods and/or services. VWth
respect to services, the CONTRACTOR ehoU be responsible for
the professional quo|itv, technical ocnunocy, ournpetance,
methodo|oQy, accuracy and the coordination of all of the following
which are listed for illustration purposes and not as a limitation:
dncumnonta, ana|ya|o, napoda, data, p|ana, p|atn, rnapo, aurvaya,
apacihooUono' and any and all other services nfwhatever type or
nature furnished by the CONTRACTOR under this Agreement.
The CONTRACTOR oha||, without additional oonmpenoution,
correct or revise any errors or deficiencies in his/her/its p|ana,
analysis, data, rapoda, designs, drawings, apecificationa, and any
and all other services of whatever b/pm or nature. The
CDNTRACT(}R's submissions in response tothe subject bid or
procurement processes are incorporated herein by this reference
thereto.
12. Neither the C[7Y's review, approval or acceptance of, no/ payment for,
any of the goods and/or services required ehoU be construed to operate
aoawaiver ofany rights under this Agreement urofany cause ofaction
arising out nfthe performance ofthis Agreement and the CONTRACTOR
shall be and remain liable tothe CITY in accordance with applicable |ovv
for all damages tothe 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 inaddition hnany other rightsandrennedieeprovidodbv|avv
14. Time is of the essence in the performance of all goods and/or services
provided bvthe CONTRACTOR under the terms ofthis Agreement.
15. Invoices, which are in on acceptable form to the CITY and without
disputable ibamn, which are received by the C|TY, will be processed for
payment within thirty (3O)days ofreceipt bvthe CITY.
16. The CONTRACTOR will be notified of any disputable ihmnno contained in
invoices submitted by the CONTRACTOR within fifteen (15) days of
receipt bythe CITY with onexplanation ofthe deficiencies.
17. The CITY and the CONTRACTOR will make every effort to resolve all
disputable items contained inthe CONTRA{}T{)R'sinvoices.
18. Each invoice nhoU reference this Aonoarnent, the appropriate billing
period.
19. The Florida F>onVt Fa0xnnnt Act ahoU aooh when applicable. A billing
period represents the dates in which the CONTRACTOR completed
goods and/or services referenced inoninvoice.
|FB19/2o'c3ABANDON WELLS (S) AGREEMENT
0052W-7
20. Invoices are to be forwarded directly the City's designated CB
representative, ooidnntUedadthe preconstruction meeting,for review and
21. CITY designates the City Manager or his/her .
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, oheU have the
following responsibilities:
a. Examination of all V\h»dk and rendering, in vxhtino, decisions
indicating the QTY'sapproval nrdisapproval within o reasonable
time 000snot tomaterially delay the Work ufthe CONTRACTOR;
b. Transmission of instructions, receipt of information, and
interpretation and definition ofC|TY'a policies and decisions with
respect to deyiQn, rnabyrie|u, and other matters pertinent to the
Work covered bythis Agreement;
C. Giving prompt written notice tothe CONTRACTOR whenever the
CITY official representative knows of a defect or change
necessary inthe Project; ond
d. Coordinating and managing the CONTRACTDR'o preparation of
any necessary applications hugovernmental bodies, tnarrange for
submission Vfsuch applications.
23. Until further notice from the City Manager the designated representative
for this Agreement is:
Bika|Utikher,P.E.
Public Works / Utility Director
City of Sanford
P.O.Box 1788
Sanford, Florida 32772
24. CITY may terminate this Agreement for convenience atany time mfor
any one (1) or more of the reasons as follows:
a. If, in the CITY's opinion, adequate progress ks not being made by
the CONTRACTOR due to the CONTRACTOR 'o failure to
perform; or
b. K. in the C[TY'n opinion, the quality of the goods and/or services
provided by the CONTRACTOR is/are not in conformance with
commonly accepted professional atondavda, standards of the
C|TY, and the requirements of Federal and/or State regulatory
agenciea, and the CONTRACTOR has not corrected such
deficiencies in a Urno|y manner as reasonably determined by the
CITY; or
IFB1912V-23ABANDON WELLS (5) AGREEMENT
C. The CONTRACTOR, or any employee or agent of the
CC}NTRACTOR, 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 bythe CONTRACTOR; or
d. The CONTRACTOR bmoorneo involved in either voluntary or
involuntary bankruptcy prooaodin0a, or rnohee an assignment for
the benefit ofcreditors; or
e. The CONTRACTOR violates the Standards ofConduct provisions
herein or any provision of Federal, State or |ncn| |evv or any
provision ofthe QTY'aCode ofConduct.
25. In the event of any of the oeuaen of termination, the C|TY's designated
representative may send a certified !otter to the CONTRACTOR
requesting that the CONTRACTOR show cause why the Agreement
should not be terminated. If assurance satisfactory to the QTY of
corrective nneaounam to be made within a reasonable time is not given tu
the CITY within seven (7)calendar days ofthe date ofthe letter, the CITY
may consider the CONTRACTOR to be in dahau|t, and may than
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 bodeemed terminated for convenience bythe
CITY and the CITY ahoU have the right to so terminate this Agreement
without any recourse bythe CONTRACTOR.
27. The CONTRACTOR may terminate this Agreement only if the CITY fails
tupay the CONTRACTOR inaccordance with this Agreement.
28. Notwithstanding any other provision of this Agreement, the CITY shall
have the right at any time to terminate this Aonaannent in its entirely
without uauoe, if such termination is deemed by the CITY to be in the
public intaroot, 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 oanna or to naquest, in vvhbng, a hearing. Failure of
the CONTRACTOR to nsnnody said specified items of deficiency o,
default in the notice by either the CITY's designated representative within
ten (1U)days ofreceipt ofsuch notice ofsuch decisions, shall result inthe
termination of the Agraernant, and the CITY shall be relieved of any and
all responsibilities and liabilities under the terms and provisions of the
AonaenoenL
29. The CITY shall have the right to terminate this Agreement without cause
with osixty (GU)day written notice bothe other party. The CITY reserves
the right toterminate any Agreement for cause with afive (Bday written
notice tothe CONTRACTOR. Nudmy aheU be served tothe parties as
specified inthe Agreement.
IFB19/20-23 ABANDON WELLS (5} AGREEMENT
30. In the event that this Agreement is terminated, the CITY shall identify any
specific Work tobecontinued to completionpursuant tothe provisionsof
this Agreement.
31. In the event that after the CITY banninaUnn for cause for heUune of the
CONTRACTOR to fulfill its obligations under this Agreement it is found
that the CONTRACTOR has not so fai|ed, the termination shall be
deemed tnhave 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 ofthe services
provided by the CONTRACTOR to the date of termination and any
additional services shall bepaid tuthe 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 goods and/or
eanineo 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 vvhting, 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 ho and payable tothe CONTRACTOR bmthe effective date nf
such suspension. The CITY shall thereafter have nofurther obligation for
payment to the CONTRACTOR for the suspended provision of goods
and/or services un|oam and until the C|TY's designated napxynentoUxe
notifies the CONTRACTOR in writing that the provision of the goods
and/or services of the CONTRACTOR called for hereunder are to be
resumed bythe CONTRACTOR.
31 Upon receipt of written notice from the CITY that the CO
provision of goods and/or services hereunder are to be naeunned. the
CONTRACTOR shall continue toprovide the services tothe CITY.
37. The CONTRACTOR agrees that kwill not discriminate against any
employee or applicant for employment for Work under this Agreement
because of race, color, roUgion, sex, aAe, nobonel 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, oex, age, national origin or disability. This provision shall include,
but not be limited to, the following: emnp|oymont, upgrading, demotion or
transfer; recruitment advertising; layoff or termination; rates of pay or their
forms or compensation; and selection for baining, including
apprenticeship. The CONTRACTOR, moreovor, shall comply with all the
IFB1g12u-2nABANDON WELLS (6) AGREEMENT
requirements as imposed by the Americans with Disability Ant, the
regulations ofthe Federal government issued thereunder, and any and all
requirements of Federal or State law related thereto.
38. Indemnity and Insurance
To the fullest extent by law, the CONTRACTOR shall
indernnhy, hold harmless and defend the C[TY, its agents,
oarxanta, offioans, officials and emookoveaa, or any of thmno, from
and against any and all claims, damages, |omseo, and expenses
ino|uding, but not limited to, attorney's fees and other legal costs
such as those for pens|ego[ investigative, and legal support
aen/|cee, and the actual costs incurred for expert witness
tostimony, oheinQ out of or resulting from the performance or
provision of services required under this Agreement, provided that
same in caused in whole or in part by the error, ornieoion,
negligent eot, fa||U[8 to o[t, breach of contract ob|igatioD,
mo|feaaenoe, officara, offioio|o, enop|oyees, or
oubCONTRACTORs. Additionally, the CONTRACTOR accepts
responsibility for all damages nanu(dng in any way related to the
performance of Work. In no event, shall either party be
responsible or liable to the other for any incidento|, consequential,
u/indirect damages, whether arising bycontract ortort.
b. In accordance with Section 725.06. Florida Statutes, adequate
consideration has been provided tothe CONTRACTOR for this
ob|igaUon, the receipt and sufficiency of which is hmnabv
specifically acknowledged.
C. Nothing herein shall bedeemed b)affect the rights, privileges,and
immunities of the CITY as set forth in 8ouUon 768.28, Florida
Statutes.
d. In dakno against any parson or anUtv, indemnification under this
Section by an employee ofthe CONTRACTOR orits agents or
subCONTRACTORs, anyone directly or indirectly employed by
them or anyone for whose note they may be |iab|e, the
indemnification obligation under this Section shall not belimited by
a limitation on amount or type of donnagas, uurnpanaation, or
benefits payable by orfor the CONTRACTOR or its agents or
oubCONTRACTDFls. under Workers Compensation autm,
disability benefits acts, orother employee benefit acts.
a. The execution of this Agreement by the CONTRACTOR shall
obligate the CONTRACTOR to comply with the indemnification
provision of this Agreement; prmided, however, that the
CONTRACTOR must also comply with the provisions of this
Agreement relating toinsurance coverage.
IFB191oV-23ABANDON WELLS (5) AGREEMENT
The CONTRACTOR shall submit a report to the QTY within
twenty-four (24) hours of the date of any incident resulting in
dmmno8m or which is reasonably Uheh to naauh in a claim of
damage.
30. The CONTRACTOR shall obtain orpossess and continuously maintain
the insurance coverage aaset forth and required inthe bid documents.
40. All insurance other than Workers Compensation and Professional Liability
that must be maintained by the CONTRACTOR shall specifically include
the CITY aaanadditional insured.
41. The CONTRACTOR shall provide Certificates ofInsurance tothe 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 pad of this Agreement. Neither
approval bvthe CITY nor failure UQdisapprove the insurance furnished by
a CONTRACTOR shall relieve the CONTRACTOR of the
CONTRACTC)R'o full responsibility for pedbnnanma of any obligation
including the CONTRACTOR"a indemnification of the CITY under this
Agreement. If, during the period which on insurance company is
providing the insurance coverage required by this Agnammnent, 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 Sire Category. the CONTRACTOR
shmU, as soon as the CONTRACTOR has knowledge of any such
oirournm\anue, immediately notify the CITY and immediately replace the
insurance coverage provided by the insurance company with o different
insurance company meeting the requirements of this AgnaarnenL Until
the CONTRACTOR has replaced the unacceptable insurer with insurance
acceptable bothe CITY, the CONTRACTOR shall be deemed to be in
default ofthis Agreement.
42. The insurance coverage shall contain o provisionthat requires that prior
toany changes inthe coverage, except increases inaggregate coverage,
thirty /30\ days prior notice will be given tothe QTY by submission of
new Certificate ufInsurance.
43. The CONTRACTOR shall furnish CerlificatesofInsurance directly 1othe
CITY's Designated Representative. The certificates shall clearly indicate
that the CONTRACTOR has obtained insurance ofthe type, amount and
classification required bythis Agreement.
44. Nothing in this Agreement many action relating to this Agreement shall
be construed as the C[FY'o waiver of sovereign immunity beyond the
limits set forth in Section 768.28. Florida Stab/b+o
|FB1n/2V'%3 ABANDON WELLS (s) AGREEMENT
QMG20-12
45. The CITY shall not be obligated or liable under the terms of this
Agreement to any party other than the CONTRACTOR. There are no
third party beneficiaries to this Agreement.
46. The CONTRACTOR is an independent contractor and not an agent,
representative, or employee of the CITY. The CITY shall have no liability
except as specifically provided in this Agreement.
47. All insurance shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the CITY.
48. The CONTRACTOR warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for
the CONTRACTOR, to solicit or secure this Agreement and that the
CONTRACTOR has not paid or agreed to pay any person, company,
corporation, individual or firm other than a bona fide employee working
solely for the CONTRACTOR, any fee, commission, percentage, gift, or
any other consideration, contingent upon or resulting from the award of
making this Agreement.
49. The CONTRACTOR shall not discriminate on the grounds of race, color,
religion, sex, or national origin in the performance of Work under this
Agreement or violate any laws pertaining to civil rights, equal protection or
discrimination.
50. The CONTRACTOR hereby certifies that no undisclosed (in writing)
conflict of interest exists with respect to the Agreement, including, but not
limited to, any conflicts that may be due to representation of other clients,
customers or vendees, other contractual relationships of the
CONTRACTOR, or any interest in property that the CONTRACTOR may
have. The CONTRACTOR further certifies that any conflict of interest
that arises during the term of this Agreement shall be immediately
disclosed in writing to the CITY. Violation of this Section shall be
considered as justification for immediate termination of this Agreement.
51. The CONTRACTOR shall ensure that all taxes due from the
CONTRACTOR are paid in a timely and complete manner including, but
not limited to, occupational license tax.
52. If the CITY determines that any employee or representative of the
CONTRACTOR is not satisfactorily performing his/her assigned duties or
is demonstrating improper conduct pursuant to any assignment or Work
performed under this Agreement, the CITY shall so notify the
CONTRACTOR, in writing. The CONTRACTOR shall immediately
remove such employee or representative of the CONTRACTOR from
such assignment.
IFB 19/20-23 ABANDON WELLS (5) AGREEMENT
00520-13
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 999, Florida
Statutes, and other applicable law, and made or received by the
CONTRACTOR in conjunction, in any way, with this Agreement.
57. The CONTRACTOR shall comply with the requirements of the Americans
with Disabilities Act (ADA), and any and all related Federal or State laws
which prohibits discrimination by public and private entities on the basis of
disability.
58. The CITY will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and
Nationally Act (INA). The CITY shall consider the employment by the
CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of
the INA. Such violation by the CONTRACTOR of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for
immediate termination of this Agreement by the CITY.
59. The CONTRACTOR agrees to comply with Federal, State, and local
environmental, health, and safety laws and regulations applicable to the
goods and/or services provided to the CITY. The CONTRACTOR agrees
that any program or initiative involving the Work that could adversely
affect any personnel involved, citizens, residents, users, neighbors or the
surrounding environment will ensure compliance with any and all
employment safety, environmental and health laws.
60. The CONTRACTOR shall ensure that all goods and/or services are
provided to the CITY after the CONTRACTOR has obtained, at its sole
and exclusive expense, any and all permits, licenses, permissions,
approvals or similar consents.
IFB 19120-23 ABANDON WELLS (5) AGREEMENT
00520-14
61. If applicable, in accordance with Section 216.347, Florida Statutes, the
CONTRACTOR shall not use funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or State agency.
62. The CONTRACTOR shall advise the CITY in writing of it who has been
placed on a discriminatory vendor list, may not submit a bid on a contract
to provide goods or services to a public entity, or may not transact
business with any public entity.
63. The CONTRACTOR shall not engage in any action that would create a
conflict of interest in the performance of that actions of any CITY
employee or other person during the course of performance of, or
otherwise related to, this Agreement or which would violate or cause
others to violate the provisions of Part III, Chapter 112, Florida Statutes,
relating to ethics in government.
64. The CONTRACTOR shall maintain books, records, documents, time and
costs accounts and other evidence directly related to its provision or
performance of services under this Agreement. All time records and cost
data shall be maintained in accordance with generally accepted
accounting principles.
65. The CONTRACTOR shall maintain and allow access to the records
required under this Section for a minimum period of five (5) years after
the completion of the provision or performance goods and/or services
under this Agreement and date of final payment for said goods and/or
services, or date of termination of this Agreement.
66. The CITY may perform, or cause to have performed, an audit of the
records of the CONTRACTOR before or after final payment to support
final payment under any Purchase/Work Order issued hereunder. This
audit shall be performed at a time mutually agreeable to the
CONTRACTOR and the CITY subsequent to the close of the final fiscal
period in which goods and/or services are provided or performed. Total
compensation to the CONTRACTOR may be determined subsequent to
an audit as provided for in this Section, and the total compensation so
determined shall be used to calculate final payment to the
CONTRACTOR. Conduct of this audit shall not delay final payment as
required by this Section.
67. In addition to the above, if Federal, State, County, or other entity funds
are used for any goods and/or services under this Agreement, the
Comptroller General of the United States or the Chief Financial Officer of
the State of Florida, or the County of Seminole, or any representatives,
shall have access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to goods and/or services
provided or performed under this Agreement for purposes of making
audit, examination, excerpts, and transcriptions.
IFB 19120-23 ABANDON WELLS (5) AGREEMENT
00520-15
68. In the event of any audit or inspection conducted reveals any
overpayment by the CITY under the terms of the Agreement, the
CONTRACTOR shall refund such overpayment to the CITY within thirty
(30) days of notice by the CITY of the request for the refund.
69. The CONTRACTOR agrees to fully comply with all State laws relating to
public records.
70. The CONTRACTOR agrees that if any litigation, claim, or audit is started
before the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
71. The CONTRACTOR shall not sublet, assign or transfer any interest in this
Agreement, or claims for the money due or to become due out of this
Agreement to a bank, trust company, or other financial institution without
written CITY approval. When approved by the CITY, written notice of
such assignment or transfer shall be furnished promptly to the CITY.
72. Any CONTRACTOR proposed subcontractors shall be submitted to the
CITY for written approval prior to the CONTRACTOR entering into a
subcontract. Subcontractor information shall include, but not be limited
to, State registrations, business address, occupational license tax proof of
payment, and insurance certifications.
73. The CONTRACTOR shall coordinate the provision of goods and/or
services and Work product of any CITY approved subcontractors, and
remain fully responsible for such goods and/or services and Work under
the terms of this Agreement.
74. Any subcontract shall be in writing and shall incorporate this Agreement
and require the subcontractor to assume performance of the
CONTRACTOR's duties commensurately with the CONTRACTOR's
duties to the CITY under this Agreement, it being understood that nothing
herein shall in any way relieve the CONTRACTOR from any of its duties
under this Agreement. The CONTRACTOR shall provide the CITY with
executed copies of all subcontracts.
75. The CONTRACTOR shall reasonably cooperate at all times with the
CITY and other CITY contractors and professionals.
76. This Agreement is to be governed by the laws of the State of Florida.
77. Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
78. This Agreement is the result of bona fide arms length negotiations
between the CITY and the CONTRACTOR and all parties have
contributed substantially and materially to the preparation of the Contract.
IFB 19/20-23 ABANDON WELLS (5) AGREEMENT
00620-16
this Agreement shall not baconstrued orinterpreted more
strictly against any one party than against any other party.
79Neither party shall be considered in default in performance of its
obligations hereunder to the extent that performanceofsuch obligations,
orany ofthem, imdelayed orprevented bvForce Majeure. Force Majeure
nhe|| include, but not be limited to, hoat||bv, tgrrurinmn, revolution, civil
commotion, strike, epidemic, fire, flood, mjnd, earthquake, explosion, any
|ovv, pvon|mnmaUon, regu|etion, or ordinance orother act ofgovernment, or
any act of God or any cause whether of the same or different uatuna,
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 .ifany, constitutes the entire
integrated Agreement between the QTY and the CONTRACTOR and
supersedes all prior written or ong| understandings in connection
therewith. This Agreement, and all the terms and provisions contained
herein, including without limitation the exhibits hendn, constitute the full
and complete agreement between the parties hereto to the date hereof,
and supersedes and controls over any and all prior agraementm,
undeotandinOa, napreoontoUono, correspondence and statements
whether written o|oral.
81. This Agreement may only be amended, supplemented or modified by
formal written amendment.
82. Any alteraUonm, amendmonte, daletiona, 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 ofthis 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 VpuD CITY having
ocduo| knovv|edge, innpUed, verbal or constructive notice, lack ofprejudice
nrany other grounds osesubstitute for the failure ofthe 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 ofthe Agreement.
84. The failure of the CRY to insist in any instance upon the strict
performance of any provision of this Aoreemant, or to exercise any right
or privilege granted to the QTY hereunder ahmU not constitute or be
construed as awaiver ofany such provision or right and the same ahmU
continue in force.
85. Innoevent shall any obligation ofthe CITY under this Agreement be or
constitute egeneral obligation orindebtedness ofthe CITY, opledge of
IFg1912V-23 ABANDON WELLS (5) AGREEMENT
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 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
IFB 19120-23 ABANDON WELLS (5) AGREEMENT
00520-18
which shall be deemed an original, but all of which, taken together, shall
constitute one and the same document.
K. Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records
Requests. In order to comply with Section 119.0701, Florida Statutes, public
records laws, the CONTRACTOR must:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the service.
2. Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that
does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
4. Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of the CONTRACTOR upon
termination of the contract and destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the
CITY in a format that is compatible with the information technology
systems of the CITY.
5. If the CONTRACTOR does not comply with a public records request, the
CITY shall enforce the contract provisions in accordance with this
Agreement.
6. Failure by the CONTRACTOR to grant such public access and comply
with public records requests shall be grounds for immediate unilateral
cancellation of this Agreement by the CITY. The CONTRACTOR shall
promptly provide the CITY with a copy of any request to inspect or copy
public records in possession of the CONTRACTOR and shall promptly
provide the CITY with a copy of the CONTRACTOR's response to each
such request.
7. The CONTRACTOR shall note the following:
IFB 19120-23 ABANDON WELLS (5) AGREEMENT
00520-19
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012,
TRACI HOUCHIN, CITY CLERK, CITY OF SANFORD,
CITY HALL, 300 NORTH PARK AVENUE, SANFORD,
FLORIDA 32771, HOUCHINT@SANFORDFL.GOV.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
CONTRACTORu 1�O f St'V V_y,PS� l+i
Name of Firm
v (Si e) Date
me and Title
ATV -ST:
_ CJIt
OUP �-d� -
By (Signature) Date
Printed Name and Title
OWNER:
J lett. Mayor Arl (j
Printed Name and Title
ATTEST:
By (Signature) Date
Traci Houchin, City Clerk
Printed Name and Title
Approved as to form and legal sufficiency.
IFB 19/20-23 ABANDON WELLS (5) AGREEMENT
00520-20
William L. Colbert Date
City Attorney
END OF SECTION
IFB 19/20-23 ABANDON WELLS (5) AGREEMENT
00520-21
Bond# 58727513 j" _' . CITY OF
4
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FINANCE CEP E8'
GRANT MALOY, SEMINOLE COUNTY
SECTION 00605 CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2020075243 Bk:9651 Page:445.457 (13Pgs)
PERFORMANCE BOI` REC: 07/15/2020 3:16:18 PM by cjones
RECORDING FEES $112.00
KNOW ALL MEN BY THESE PRESENTS: that
a Florida
Principal, and
Southeast Drilling Services, Inc.
(Name of CONTRACTOR)
10614 East US Hwy., 92, Tampa, Florida 33610
(Address of CONTRACTOR)
(Corporation, Partnership or Individual)
Western Surety Company
(Name of Surety)
151 N. Franklin Street, Chicago, Illinois 60606
(Address of Surety)
hereinafter called
hereinafter called Surety, are held and firmly bound unto 1) city of Sanford
hereinafter called OWNER, in the full and just Sum of Sixty Nine Thousand Five Hundred Dollars
DOLLARS ($ 69, 500.00 ) 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 ten percent (110%) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is sncq,,Pat whereas, the Principal entered into a
certain Agreement with the OWNER, dated theday of A)ne ,��
a copy of which is hereto attached and made a part hereof for the construction of 2)
Abandc" VJz It ( 5) a Lu -
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:
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
lFB 19/20-23 Abandon wells (5) 00605-1
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ORD
FINANCE DEPARMENT
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2. Pays OWNER all losses, damages, delay damages (liquidated or actual),
expenses, costs and attorneys' fees, including costs and attorney's fees on
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.
IFB 19/20-23 Abandon Wells (5) 006055-2
CITY OF
ORDl
FINANCE DEPARTMENT
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 27th day of
April , 2020
rATTEST:
W.
Secretary (Principal)
M5 %S �
Typed Name
CORP `SEAL)
-°
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f .fit
&I�fiory�om MO Om I„Ia•
(Witness,tof'Principal)
Typed Name
Tracy Todd
(Surety) Secretary
Tracy Todd
Typed Name
(CORPORATE SEAL)
IFB 19/20-23 Abandon Wells (5) 00605-3
Southeast Drilling Services, Inc.
Address
Tampa, Fl 33610
City, State, Zip
813/968-7277
813/443-0530
Telephone No.
Facsimile No.
Western Surety
Company
Surety
800-331-6053
Telephone No.
Facsimile No.
Brittany Jones
Witness as to Surety
CITY OF
S ORD
FIIUNCE [DEPARTMENT
By: _
Attorney -in -Fact
Jennifer Fava
Typed Name
11470 N. 53rd Street
Brittany JonesMp�,a
SVRE7YC
Aq�F'pn
'a oQ'�
Typed NameW'`
STH ��Otic
Denise Hayward
Witness as to Surety
Denise Hayward
Typed Name
Address
Temple Terrace, FI 33617
City, State, Zip
813-988-1234
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
IFB 19/20-23 Abandon Wells (5) 00605-4
Bond #58727513 S ORD
x,
FHMCEDEPMTA&RT
SECTION 00610
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
a Florida
Principal, and
Southeast Drilling Services, Inc.
(Name of CONTRACTOR)
10614 East US Hwy., 19, Tampa, Florida 33610
(Address of CONTRACTOR)
(Corporation, Partnership or Individual)
Western Surety Company
(Name of Surety)
151 N. Franklin Street, Chicago, Illinois 60606
(Address of Surety)
hereinafter called
hereinafter called Surety, are held and firmly bound unto 1) city of Sanford
hereinafter called OWNER, in the full and just Sum of Sixty Nine Thousand Five Hundred Dollars
DOLLARS ($ 69,500.00 ) 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 ten percent (110%) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the 011 -bay of .J �C1Q
a copy of which is hereto attached and made a part hereof for the construction of 2)
Ate& copy
W15 (5)
1) Name of Owner
2) Name of Project identified in Instructions to Bidders
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 shall promptly make
payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain
in full force and effect subject, however, to the following conditions:
This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
2. Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR and who has not received payment for his labor, Materials or
IFB 19/20-23 Abando Wells (5) 00610-1
SXRFORD
FKMXEC>@i ffAEKT
supplies shall, within forty-five (45) days after beginning to furnish labor,
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.
3. 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.
4. 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.
5. 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 27th day of
April . 2020
ATTEST:
Secr tVubo( Pri .cry ipal)
i S s
Beck c -e_ m . ti y7o rr•G
Typed Name
d �1".,
(CORPOf A EAQ)
IFB 19120-23 61)ap Wel,W(6y)�y?m
00610-2
Southeast Drilling Services, Inc.
10614 E. US Hwy., 92, Tampa, Florida 33610
Address
'�i 0 0& BAo ?) J
(Witness to Principal)
�440CAICIV"
Typed Name
ATTEST:
Tracy Todd
(Surety) Secretary
Tracy Todd
Typed Name
(CORPORATE SEAL)
Brittany Jones
,�g}AE7g
Witness as to Surety
rFtZ
Brittany Jones
'W,4O
Typed Name
Denise Hayward
Witness as to Surety
Denise Hayward
Typed Name
City, State, Zip
96A&S-1274
Telephone No. Facsimile No.
Western Surety Company
Surety
800-331-6053
Telephone No. Facsimile No.
By: Q�-
Attorn y -in -Fact
Jennifer Fava
Typed Name
11470 N. 53rd Street
Address
Temple Terrace, FI 33617
City, State, Zip
813-988-1234
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
IFB 19/20-23 Abando Wells (5) 00610-3
Bond# 58727513
SECTION 00615
MATERIAL AND WORKMANSHIP BOND
THAT WE Southeast Drilling Services, Infiereinafter referred to as "Principal" and _
Western Surety Company hereinafter referred to as "Surety" are held and firmly
bound unto 1) city of Sanford hereinafter referred to as the OWNER in
the sum of ten percent (10%) of the Contract Price as adjusted under the Contract Documents $
$6,950.00 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)
Abandon Wells (5) ,and
WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated
{� ) 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.
00615-1
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- day of
ATTEST:
A,&a /0
Secretary (Principal)
Asy /ic' ;-Y
Typed Name
4 y 4
a
(CO ORATE SEAL)
e,
(Witness to Principal) VGv/
NQAW -5V- 1
Typed Name
ATTEST:
Tracy Todd
(Surety) Secretary.
Tracy Todd
Typed Name
(CORPORATE SEAL)
Brittany Jones
aSJRETyC"'s
Witness as to Surety
/PQ�Rq.'o
W
Brittany Jones
l'w - d.,
Typed Name
00615-2
Southeast Drilling Services, Inc.
'rincip (Co ractor�
3 (Si
W. Z'egler
r4East
ame and Title
US Hwy., 92
Address
Tampa, Fl 33610
City, State, Zip
813/968-7277 813/443-0530
Telephone No. Facsimile No.
Western Surety Company
Surety
800-331-6053
Telephone No. Facsimile No.
By:
ttorne -in-Fact
Jennifer Fava
Typed Name
Denise Hayward
Witness as to Surety
Denise Hayward
Typed Name
151 N. Franklin Street,
Address
Chicago, Illinois 60606
City, State, Zip
800-331-6053
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
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 Tampa, FL, its true and lawful Atiorney(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 3rd day of April, 2020.
Q,ea— WESTERN SURETY COMPANY
_W 4R 0N,gTf39a
NE
=j
'�fr SSE Ay ? }yrs
smith DPF�P`
aul T. Bruflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 3rd day of April, 2020, 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. MOHRWTARYMILIC(h
June 23, 2021 ISSOUniaWTA
f 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 27th day of April, 2020.
,Eo WESTERN SURETY COMPANY
/ate gr:az
z
s *� $C AV ' *f
e r OaKo r—y
L. Nelson, Assistant Secretary
Form F4280-7-2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may he printed by facsimile.
CNASUROY
Digital Seal Authority and Enforceability
This communication is being provided on behalf of all CNA Surety companies, including Western Surety
Company, Continental Casualty Company, The Continental Insurance Company, American Casualty
Company of Reading, Pennsylvania, and National Fire Insurance Company of Hartford (collectively and
individually referred to as "CNA Surety").
The use of an electronic image of the corporate seal of any CNA Surety company (the "Digital Seal") and
the attachment of the Digital Seal to any surety bond issued by a CNA Surety company is authorized. Each CNA
Surety company acknowledges and agrees that the Digital Seal may be affixed to any CNA Surety bond and relied
upon to the same extent as if a raised corporate seal were physically attached to the bond.
Delivery of a digital copy of this Digital Seal Authority and Enforceability notice, executed electronically,
to an Obligee or Obligee's representative shall constitute effective execution and delivery of this notice and shall
have the same legal effect as delivery of a tangible original of the notice with my original "wet" signature.
In Witness Whereof, this has been executed by the Vice President and Surety General Counsel for each of
the CNA Surety companies.
Dated this 315` day of March, 2020.
Rosemary Quinn
Vice President and Surety General Counsel on behalf of
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Western Surety Company
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SEAL
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Continental Casualty Company
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JULY 31,
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American Casualty Company of Reading, Pennsylvania
The Continental Insurance Company
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National Fire Insurance Company of Hartford
Southeast Drilling Services, Lrc