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1ST RENEWAL OF CONTRACT - ENVIRONMENTAL DEMOLITION, DEBRIS AND SOIL REMOVAL CLEARWATER AUTOMOTIVE SALVAGE YARD BROWNFIELDS SITE NO BF97493703 1 st RENEWAL OF ORIGINAL CONTRACT 1 st renewal of the original CONTRACT made the 28th day of July 2006 for the sum of two hundred and eighteen thousand four hundred ninety-one dollars and forty-six cents ($218,491.46) between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and JAMS ON ENVIRONMENTAL, INC. of the City of THONOTOSASSA, County of HILLSBOROUGH and State of Florida, hereinafter designated as the "Contractor". The contractor agrees pricing will remain as the original contract pricing dated July 28t\ 2006. This 1 st renewal CONTRACT is made and entered in thisaa...-~ay O~2008 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter desi at as the "City", and JAMSON ENVIRONMENTAL, INC. of the City of THONOTOSASSA, ounty of HILLSBOROUGH and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: ENVIRONMENTAL DEMOLITION, DEBRIS AND SOIL REMOV AL CLEARWATER AUTOMOTIVE SALVAGE YARD BROWNFIELDS SITE NO. BF97493703 FOR THE SUM OF THREE HUNDRED AND FORTY SIX THOUSAND NINE HUNDRED THIRTEEN DOLLARS AND FORTY -FIVE CENTS ($346,913.45) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of the original contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed by the end of February 2009, the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1.000.00 ocr day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 ocr day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. 1 st RENEWAL OF ORIGINAL CONTRACT IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. By: tf)J!I~-rL William B. Home, IT City Manager (Seal) CITY OF CLEARWATER INPINELLAS COUNTY, FLORIDA Attest: By: 5~,$~ Frank Hibbard, Mayor-~~xx Countersigned: Approved as to form (Contractor must indicate wheth Partnership, Company or Individu \)Qfa~t-""- (Contractor) rfl.'S~-+ By: (SEAL} (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation).