21-Agreement - Construction - Term Contract IFB-26-00348.pdf

Revised 01.29.2025 A - 1

AGREEMENT

THIS AGREEMENT is made and entered into this day of , 20 (bid award date for projects subject thereto) by and between Hillsborough County, a political subdivision of the State of Florida, hereinafter called County; and hereinafter called the Contractor.

WITNESSETH THAT:

In consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows:

1. The Contractor shall provide to the County, within the Contract Time, all labor, materials, and appurtenances thereto per the requirements set forth in the Contract Documents for: IFB-26-00348 Countywide Fire Hydrant Replacement - WORCS-5.

2. This term contract shall commence on the date specified on the Contract Purchase Agreement (CPA).

The County's right to issue Work Orders will expire when the total value of actual authorized work has equaled the awarded Contract amount ($_______), or upon the expiration date of the Contract Purchase Agreement (CPA), whichever occurs earliest. The Contract shall expire upon the completion of all authorized work. At the sole discretion of the County, the period for this Contract may be extended for _ two (2) additional two (2)-year period and equal dollar amount as specified in the Special Terms and Conditions.

3. If during the term of this contract, it is determined that additional time is needed to complete work on pre-existing Work Order(s) or Change Order(s) to a Work Order, the contract may be extended for up to one

(1) year period for the sole purpose of completing such work upon execution of a Change Order approved by the Board of County Commissioners or their designee. No new Work Orders, may be issued during this extension period.

4. Failure by the Contractor to achieve Substantial and/or Final Completion by the number of days stated in the work order shall entitle the County to assess liquidated damages in the amounts specified in the Special Terms and Conditions. Time is of the essence for the achievement of said work after the issuance of the aforesaid Work Order. The amounts of Liquidated Damages for individual milestone dates are additive for each day of delay they are concurrently in effect. Notwithstanding the foregoing, the maximum liquidated damages which shall be assessed per day shall not exceed the amount of $ N/A/day per Work Order.

5. This Agreement includes and incorporates by reference all Contract Documents, as the term Contract Documents is defined within the Definitions section of the Contract Terms and Conditions.

6. The total Contract Price for the full and complete performance by the Contractor of all Work required by the Contract Documents shall not exceed $ . For purposes of this term contract, the amount of award will be $ or the recommended total bid amount whichever is less. This amount is defined as the upper dollar limit beyond which no further work may be authorized without additional approval of the Board of County Commissioners. Specifically, the amount of award shall not be construed as indicating the actual value of work anticipated by the County under this Contract. To the contrary, the actual value of work to be authorized will not be determined until the time of need for that work occurs, and may be significantly less than the amount indicated in the award. There is a minimum guaranteed contract amount of $N/A usage on this contract.

7. During the performance of this Agreement, the Contractor herein assures the County that said Contractor

Revised 01.29.2025 A - 2 is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and The Florida Civil Rights Act of 1992 in that the Contractor does not on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against said Contractor's employees or applicants for employment. The Contractor understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Contractor herein assures the County that said Contractor will comply with Title VI of the Civil Rights Act of 1964 when Federal grant(s) is/are involved.

Other applicable Federal and State laws, executive orders and regulations prohibiting the type of discrimination as hereinabove delineated are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam Era Veterans and Disabled Veterans within its protective range of applicability.

8. The Contractor shall comply with Hillsborough County, Florida – Code of Ordinances and Laws, Part A, Chapter 30, Article II (Hillsborough County Human Rights Ordinance) as amended, which prohibits illegal discrimination on the basis of actual or perceived race, color, sex, age, religion, national origin, disability, marital status, sexual orientation, or gender identity or expression, in employment, public accommodations, real estate transactions and practices, County contracting and procurement activities, and credit extension practices.

9. The Contractor shall furnish to the County (when and in the manner required by the Contract Documents) all appropriate Certificates of Insurance, and a Performance Bond and Payment Bond for the Contract Price within ten (10) days following Notification of Award.

10. This Agreement and any changes thereto constitute the entire agreement between Contractor and County relating to the Work. There are no previous or contemporary representations or warranties of County or Contractor not set forth herein.

11. Except as specifically provided herein, no modification, waiver, termination, rescission, discharge, or cancellation of this Agreement, or of any term thereof, shall be binding on County unless in writing and executed by the Board of County Commissioners.

12. Waiver by the County of a breach of any provision of this Agreement by the Contractor shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement.

13. No modification, waiver, termination, discharge, or cancellation of the Agreement or of any terms thereof shall impair County's rights with respect to any liabilities, whether or not liquidated, of Contractor to County heretofore accrued.

14. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of Florida, or the laws, rules, and regulations of the United States when providing Work funded by the United States government, and venue shall be in Hillsborough County, Florida.

15. The duties and obligations imposed upon the Contractor by this Agreement and the rights and remedies available hereunder, shall be in addition to and not limited to any otherwise imposed or available by law or statute or special guarantee.

16. Contractor shall remain an independent Contractor and shall have no power, nor shall Contractor represent that Contractor has any power, to bind County or to assume or to create any obligation expressed or implied on behalf of the County.

Revised 01.29.2025 A - 3

16. This Agreement shall be binding upon and its benefits and advantages shall inure to the heirs, personal representatives, successors, and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

ATTEST: Victor D. Crist COUNTY: Hillsborough County, Florida Clerk of the Circuit Court

BY: BY:

DEPUTY CLERK CHAIR, BOARD OF COUNTY COMMISSIONERS

ATTEST: CONTRACTOR:

BY: (SEAL)

WITNESS Authorized Corporate Officer or Individual (Sign Before a Notary Public)

WITNESS (Printed name of signer)

(Printed title of signer)

(Business Address of Contractor)

(Phone number of signer)

Revised 01.29.2025 A - 4

BOCC Staff Approval Date

Department Fiscal Department Director Procurement County Attorney:

Approved as to Form and Legal Sufficiency

Revised 01.29.2025 A - 5

(ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION)

STATE OF _______________________)

COUNTY OF ______________________)

The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 20 , by as (Name of person)

________________________________ for _________________________________________________.

(ie. Officer, attorney in fact) (Name of party on behalf of whom instrument was executed.)

(Signature of Notary Public)

(Print, Type, or Stamp Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced ______________________

(ACKNOWLEDGEMENT OF CONTRACTOR, IF A PARTNERSHIP OR INDIVIDUAL)

STATE OF _______________________)

COUNTY OF ______________________)

The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 20 , by .

(Name of person acknowledging)

(Signature of Notary Public)

(Print, Type, or Stamp Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced ______________________