POND AND CHANNEL MAINTENANCE - RFP 16-14CONTRACT
(1)
This CONTRACT made and entered into this day of V , 2014 by and between the City
of Clearwater, Florida, a municipal corporation, hereinaft r designated as the "City ", and
Aquagenix/DeAngelo Brothers, Inc., of the City of Jacksonville County of Duval 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:
Pond and Channel Maintenance, as defined in RFP 16 -14
in the amount of $61,675.65
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 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.
16 -14 Contract
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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 following: 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 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.
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it
CONTRACT
(3)
The successful bidder /contractor will be required to comply with Section 119.0701, Florida Statutes
(2013), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the City of
Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that the City of
Clearwater would provide the records and at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater
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 public agency in a format
that is compatible with the information technology systems of the City of Clearwater.
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CONTRACT
(4)
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 PINELLAS COUNTY, FLORIDA
By: t44 i. s
William B. Horne, II
City Manager
Countersigned:
By: Cte/OilQ C /(. (:))
George N. Cretekos,
Mayor
(Contractor must indicate whether Corporation,
Partnership, Company 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).
16 -14 Contract Page 4 of 4
Attest:
Rosemarie Call
City Clerk
Appro
(SEAL)
o fo
Camilo 0 0
Assistant City Attorney
Aquagenix/DeAngelo Brothers, Inc.
(Contractor)
B
Print N
Title:
3/25/2014
1
•
DEANGELO BROTHERS, INC.
JOINT ACTION BY UNANIMOUS CONSENT IN WRITING
OF THE BOARD OF DIRECTORS
THE UNDERSIGNED, being the entire board of directors ( "Board of Directors ") of
DeAngelo Brothers, Inc., a Pennsylvania business corporation (the "Corporation "), hereby adopt,
by this Action by Unanimous Consent in Writing, in accordance with the provisions of § 1727(b)
of the Pennsylvania Business Corporation Law of 1988, as amended, the following resolution
with the same force and effect as if unanimously adopted at a duly convened meeting of the
Board of Directors of Corporation at which a quorum was present and voting throughout:
NOW THEREFORE BE IT RESOLVED THAT Joseph G. Ferguson, the Secretary of the
Corporation, is hereby authorized to bind the Corporation to contracts and is hereby directed,
authorized and empowered to execute, acknowledge, deliver and receive such documents,
instructions, papers and electronic communications and perform such acts as may be legally,
properly and reasonably required or necessary for the purpose of executing any bid, bid bond,
contract or contract extension which may be awarded by the City of Clearwater, Florida
regarding the Pond and Channel Maintenance as defined in RFP 16 -14.
DATED this 19th day of June, 2014.
PAUL D. DeANGEL
Directo
N A. DeANGELO
Director
CERTIFICATION OF A DIRECTORS' RESOLUTION
OF
DeANGELO BROTHERS, INC.
I, Paul D. DeAngelo, President of DeAngelo Brothers, Inc. (the "Corporation "), hereby
certify that, by unanimous consent of the Board of Directors of the Corporation, the following
Resolution was adopted:
AUTHORIZATION TO SIGN CONTRACTS AND COMMITMENTS
NOW THEREFORE BE IT RESOLVED THAT Joseph G. Ferguson, the Secretary of the
Corporation, is hereby authorized to bind the Corporation to contracts and is hereby directed,
authorized and empowered to execute, acknowledge, deliver and receive such documents,
instructions, papers and electronic communications and perform such acts as may be legally,
properly and reasonably required or necessary for the purpose of executing any bid, bid bond,
contract or contract extension which may be awarded by the City of Clearwater, Florida
regarding the Pond and Channel Maintenance as defined in RFP 16 -14.
DATED this 19th June, 2014.
Paul D. DeAngelo,
President
(SEAL)