NUISANCE AND EXOTIC VEGETATION CONTROL AND MLAINTENANCE ON CITY LAKES AND PONDS - RFP 11-11CONTRACT1.
f? iclci(-,?rtex??orida, aL r c muand nicipal Into this day c,l ???111aatctl`"x
tclp al corporation. hereinaltei as the it cic°, I
n t?l,`ttntlcl)el1n?}r,lr
Brothers Inc, ' ,Aquagenix of the City of Tampa. County of ITillsl>ormigh .t rid Siatc
hereinafter designated as the "Contractor
WIINE:SSETH:
That the parties to this contract each in consideration of the and ru: kirtgti. 1.?rCuttise:; arld iag,rec m .m_.,
ern the fart, ofthe other herein contained. do hereby undetlake. promise )'nd agree as fo!l.)tvs:
i'hc Contractor, and his or its SuceeSSCVs, assignS. cxecut0T`, or° idmimstrato rs, ill con";1deration of In'-,
surns of'money as herein after set forth to lie paid by the City and Ic, the Contractor, shall and swill :i;
their oven cost and expense perform all labor. furnish al! Imaicrials, t.,,ok and equipmem kor I.ls,_
firllow'ing:
Nuisance & Exotic Vegetation Control and Maintenance
on City Lakes. Ponds,
its defit),ed in R•IT I I-I l in the amount of $-411 0-1.50
in accordance with such proposal and technical supplemental specifications anti such other spy.c;x
provisions and drawings. il' and, which will be submitstcl b•. Ti"t: C'itr. toucthcr Lcitlr :n
advertisement, instructions to bidders, general conditions. propo, :i: an <.11 horld, which n1ay be hcretc
attached, and any drawings if-arty, which may be herein referred to, -arc tteret?v made a hart ;,k liri
contract, and all of-said work to be perfonned and completed by the. contractor and its successors
assigns shall be 11111y completed in a good and workmanlike narrnncr "o th:: Satisfaction of tho Cil c
lt'the Contractor should fail to comply with any of the tenrts. cr;Artc!moTi,,, provisions or stipulati0r:: H
contained herein within the time Specified for completion of tht, ?aYrri,. to he performed Tjw
Contractor, then the City. maN at its option, avail itself of an% OF 2I1 rcrtre(.lics provided can its he h! ,Ii'
and shall have the right it) proceed to complete such %,,(.6: a?, ont.raclor is Obligated to pertoml ic1
accordance with the provisions as contained herein.
THE CONTRAC'T'OR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOHS IIERI?.131:
AGREE TO ASSUME THE DEFENSE OF ANY LE'GAJ. ACTION WHICH MAY 1,1V'
BROUGnT AGAINST THE CITA' AS A RESl.1LT OF THE CON°I.RACTOR'S AcrivT"I us
ARISING OXJT OF THIS CONTRACT AND FUR,rHERMORk:. IN CONSID.ERATI.ON (_)1.
"r III{. TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND IiARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESI.A.,TING FROM :X:,,tiN'
CLAIMS -MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE,
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVAN'ITS
OR EMPLOYEES RESULTING FROM ACTIVI'T'IES BY THE AFOR,ENIEN1'IONIA)
CON'T'RACTOR, SUB-CONTRACTOR. AGE.N`r SERVANTS OR EMPLOYEES.
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In acid it io i to the foregoing provisions, the Contractor agtces. to c.mn'form to the follca%%in.? rGciu;rc
In connection with the performance of work under this contract, the Ccmtrak;tor agrees n ,t t.
discriminate .akaulst ally employee or applicant for ernplcwmem because o7f'race. sex. rcli,gforl, ;,.1:01 r
national origin- The aforesaid provision shail include, but not he limited to. the foilo ca ir1l_-
employrncnt. upgrading, demotion, or transfer: recru:trllcnt or recruitment advertising; lay-oft
termination: rates of pay or other forms of` c:ompcnsanon: and selection for training, inCiuciiI _Y
apprenticcAiip- The Contractor agrees to post herealier it,. rcrospicuous places, assailable lhr eniplo ee
or applicants for employment, notices to be pros idcd b} (he contracting officer ,eating, i' uW t
provisiorlti of-thc neon-discrimination clause.
The Contractor further agrees to insert the foregoing : rovisions ire all contracts hereunder, ulclut,ill).i-
contracts of agrcentunts \+'fth labor unions an&or ,korkw.',: representatives. except s.t7-ct?Ilurtett i;,
standard cormnercial supplies or raw materials.
It is mutually ;-,igrt.Td between the parties hereto that t1ine :.? r..d' the essence of this contract. ,:tnc? in die
event that the ,vork to be performed by the Contractor is not. Completed within the tirm- ^,tipulatecl
herein, it is then further agreed that the City may deduct from such sums or Compensation as ma\ he
due to the Contractor the Burn of $1,000.00 ?2eer day 10r each day that the work to be perfornled i, tive,
Contractor remains incomplete beyond the time limit. specified herein. which sum of _ h(}(h(h.lltt per,
day shalt onk and solely represent damages which the Cin h.is sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that. thfl, s.arn t,
not to be Cunstnrcd as it penalty but is only to be cxrrtstrucLi o, liquidated damages !Iv f inure of ,..hc
Contractor to complete and perform all work %vithin the time her iod as specified in this contract.
It is further mutually afrced between the City and the Conti ;ictor that if, any time after the exc:cution of
this contract and the Surety bond which is attached hereto ft-,r the faithful performance i-f thc. terns z and
conditions as ct,ntaincd herein by the Contractor, that the t. its Shall at. arry time deem the surer, or
saareties ttpl)Il such performance bond to be unsatisfaclor" or it, :or anN. reason. the suid hoed ce:ase:, tt;
be adequate to in fount tc cover the performance of rile ?k,•r, the Contractor ;hall, at. his <:,t its, vr
expense, %kithin tent ( 10) days after receipt of written lwtict: !tirtte the l_,ity to do so, turr;sh tin :tdoliti. oral
bone] or bands in slich term and amounts and with Stich surct,, of suteties as shall he satisfactory tc: rhC
City_ if such an event occurs, no further payment shall hc, t7tadc to the Contractor tender thtc t.criw; and
provisions of' This contract until such new or additional tiecura\ pond guaranteeing rile t':r:thtul
performance of the cork under the terms hereof shall be completed and furnished to the ity in :l 1 Trite
satisfacton to it.
Pt]i (;unvcr;. 14 2" I curtractRFP 1! 1 1111.doc Pagt f3. visti'
CONTRACT
(3)
IN NVITNESS WHEREOF, the pattisrs to the agreement have hercuntc, sct their hallk:k and scais ?md
have exe,:.aed this Agreement, in duplicate. the day and year first above writtcli.
CITY OF' CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By
wIIIlam B. I lone, 11
(.'Itv Manager
OF )Y11
Ice
f ? 4
:1UCS1:
Cbunter;itzned:
I?r;tnl, kiihbarcf.
My i%Cyr-l:tauntiImember
lContracloi must indicate whether l oijl oralitd,..
P,irinershi,p, C'ontlrmy or Individual.
(The person signing shall, in his J,+k rl
hand%vnting, sign the Principal's name, his Owa
name. anti his title, where the person is signinz.
for u ( orporat.ion, he must, by Affidavit, shoo,
his authority to hind the Corporation).
R.osematrt? (_?ISik.
City Clerk
Approved as t(, ,Urns:
Lesi 1c
Assistant City Auon.i :v
DeAngdo 1_irot.ltet' ACILIagert,t";. .
3Y; r4
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