CLEARWATER MITIGATION SITE AND WETLAND MAINTENANCE - RFP 12-11CONTRACT
This CONTRACT trade and entered into this d day of #iPiL , 2011 by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City'". and Aquatic
Systems of the City of St. Petersburg, County of Pinellas and State of Florida.. hereinafter
designated as the "Contractor".
WITN.ESSETH:
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 ofthe
sutras 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:
Clearwater Mitigation Site and Wetland Maintenance,
as defined in R.FP 12-11 in the amount of $56,361.13
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 this
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 retriLdies 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 SUIT-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
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CONTRACT.'.
(2)
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 hallowing:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of" pay or 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 within 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 Per 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 Per
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 tlme.
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 time execution of
this contract and the surety bond which is attiiched 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 perforrtmance 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 terns hereof shall be completed and furnished to the City in a form
satisfactory to it.
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CO.N'rRACT
(3)
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.
CITY OF CLEARWATER
IN PINELL.AS COUNTY, FLORIDA.
1:3y:?'C.?w.ee?
William B. Horne, 11'
City Manager
Countersigned:
13y:
Frank Hibbard,
Mayor-Councihnernbe:r
(Contractor 117tirst indicate whether Corporation,
Partnership, (_.o npany or Individual.)
(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).
Attest:
oF tyF
igTES
K-- 0ux-
R.osemarie Call, m
City Clcrk
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Aquatic systems
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PDFC;unvert.1432&LcontractUP12_1111]Aoc Nip3 Revised, 03/79/11