WATER RECLAIMED WATER AND WELL REPAIR AND IMPROVEMENTS - 25-0027-UT (3)SECTION V — Contract Documents
CONTRACT
(1)
This CONTRACT made and entered into this I1 day of f-e.12i1Gtn i , 2007) if by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and MURPHY
PIPELINE CONTRACTORS, 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:
PROJECT NAME: WATER, RECLAIMED WATER AND WELL REPAIR & IMPROVEMENTS
PROJECT NO.: 25 -0027 -UT
in the amount of: $3,750,000 (Group B — Water and RCW Trenchless Pipe Installation) for a period
1 of one (1) year
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, technical specifications, 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.
SECTION V Page 3 of 16 Updated: 7/9/2025
SECTION V — Contract Documents
CONTRACT
(2)
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, TO THE LIMITS OF § 725.06(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 51,000.00 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 SI,000 O0 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 public construction 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 public construction 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 tern 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.
SECTION V Page 4 of 16 Updated: 7/9/2025
SECTION V —Contract Documents
CONTRACT
(3)
In addition to all other contract requirements as provided by law, the contractor executing this agreement
agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, City Clerk, at Rosemarie.Call@myclearwater.com, 727-562-4092,
600 Cleveland St., 6th Floor, Clearwater, FL 33756.
The contractor's agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the -City of Clearwater thereinafter "public
agency") to perform theservice being, provided,by the,contractor hereunder.
b) Uponrequest from thepublie agenev's-custodian of public records, providethe publie_aaency
with a copy of the. requested records or allow. the .records to be -inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes; as may be amended from, tinie to tine,.or as.otlierwiseinrovided by law.
c) 'Ensure that the public records that are exempt or confidential and exempt from public records
'disclosure requirements are not disclosed except as autiorized by, law for the duration oldie
contract term and following.completion of the contract if the contractor does not transfer the
records -tattle =public agency:.
d) Upon completion of the contract, transfer,=at no•cost to the public. agency all public.records'in
possession:ofthe.contractoror keep and iatntainpublic- records' required by thepubltca'gency
to perform theservice Ifthe.contractor transfers all public recordsto the publiea enev upon
completion"of the contract, the contractor shall destroy ary duplicate public records thatare
exemp't'or confidential and c!empt from` public records disclosure requirements: If,the
contractor`keeps'and inaii tains..publie records upon completion ofthe contract, the. contractor:
shall meetall applicable requirements for retain'in" publicrecords. All records stored
electronically, must 'be prowtttoed-to:the publicagency, upon; request'froni the publicagency's
custodian of public records; in a format that is: compatible :with the:information'-technologv
systems of:thefiuIdle 'agency.
e) A,reit uestto'inspea orcopypublie.records'. relating to a' Dubh igetty's'contractforservices
Mutt: beitade:dircetly tothe publicageney. Ifthe tiiiblicageticy does not.possess the requested
records. the'.nublic:-agencyy shall immediately notify the contractor of the:requestand'the
Contractor musi provide the iecords to the pubtic agency. or- allow` the recordsto.be;inspected or
copied within a reasonable time.
f) . The:contractor, hereby acknowledges and agrees that if the contractordoesnot comply with the
public Agency's -request for records .the public'agencv shall enforce thecontractprovisions in'
accordance with the contract.
g) A contracttit*Ito fails to provide, the public:records to .the public agetieV,within:a reasonable
time may be subjectt� penalties under Section 119.1"0, Florida:.Statotes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency's' contract for set vices, the court Shall assess sand:award against the contractor
the reasonablecosts of enforcement, .including- reasonablcattorncy fees,If`
1. The court determines that the contractor unlawfully refused to comply with the public
records requestwithin a reasonable time; and
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SECTION V — Contract Documents
CONTRACT
(4)
2. At least 8 business days before filing the action, the plaintiff provided written notice of the
public records request, including a statement that the contractor has not complied with the
request, to the public agency and to the contractor.
1) A notice complies with subparagraph (1)2. if it is sent to the public agency's:custodian of public
records and to the contractor at the contractor's address listed on its contract with the public
agency or to the contractor's registered agent. Such notices must be sent by common carrier
delivery service or by roistered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, whieh may be in an electronic
format.
j) A contractor who complies with a public records, request within.8 business days after the notice
is sent is not liable for the reasonable costs of enforcement.
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have
executed this Agreement, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:.
Jeer oirrier
Ci anager
Countersigned:
By:
Bruce Rec
Mayor
Attest:
Rosemarie Call
City Clerk
Apse as to form;
c'efOwen ohler
Lead ssistant City Attorney
Contractor must indicate whether:
V Corporation, Partnership, Company, or Individual
hCantractor)'Pipeline ,
�vn"t Yet c. ►-� LGC
BY:��
Print Na
Title:
mac Cat&
t,1NE Co' •
?AWED L r
A 0:
The person signing shall, in his own handwriting, sign the Principal's name, his own name, and 15�2�
where theperson is signing for a Corporation, he must byAffidavit, show his authorityto braid tr O
Corporation — provide Affidavit. p r`r,�;��INAREi�to*
SECTION V Page 6 of 16
Updated: 7/9/2025
SECTION V —Contract Documents
AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
elearqu
STATE OF-FLORHM )
COUNTY OF l4ennsi )
Secretary of ���1a_�li 1 P
a corporation organa d.an existing under and by virtue of the laws of the State of Florida, and having its
principal office at:
being duly sworn, deposes and says that he/she is
5[D ShoL .fid ,,: ,15D
(Street & Numb r)
___Stanhise •
(City)
row FL_
(County)(State)
Affiant further says that he is familiar with the records, minute books and by-laws of
(Natnc bfC rpot'ation)
Affiant further says that j C .:1Q11eThCie ) __^ is ao
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Proposal for _15..:0021 -
or said corporation by virtue of ] 1:0►Zt
(state whether a provision of by laws or a Resolution of
Board of Directors. If by Resolution give date of adoption).
Sworn to before me this 1;
A ffiant
day of Deeernbe r
SARA GROGAN
NOTARY PUBLIC
Henry County
SOO of Genrgia
My Cciintn, "Fe rue iy 5 2028
Type/print/stai
name of Notary
Title or rank, and Serial No., if any
SECTION V Page 9 of 16 Updated: 7/9/2025
VC' UBIS COMPANY
Secretary's Certificate of
Murphy Pipeline Contractors, LLC
(The "Company")
The undersigned hereby certifies, on behalf of the Company, as follows:
1) He is the duly elected and qualified President and Chief Executive Officer:
2) The following individuals are the duly elected and qualified officers the company, (each an
"Officer" and collectively the "Officers") elected by the Board of Directors of the Company of
occupying the positions set forth next to their respective names below:
Michael Fegan—Chief Executive Officer
Richard Crow - President
Glenn M. Shor - Vice President and Assistant Secretary
Shaun Kologinczak - Chief Operating Officer
Robert Hille II — Chief Financial Officer and Secretary
Laurie Rainey - Treasurer
Thomas Gottsegen — Chief Legal Officer and Assistant Secretary
3) Each of the Officers is duly authorized, on behalf of the Company, to bid upon and enter into
any competitive contract (each a "Bid" and collectively the "Bids") related to the Company's
business, and is hereby authorized, on behalf of the Company, to execute and deliver any
contacts, agreements or documents required in connection with any such Bid (such authority
conferred on the Officers the Board of Directors of the Company effective February 20,
2025.)
By:
Michael Fegan, Chief Executive Officer
Dated: February 20, 2025