23-Agreement - Construction - Term Contract.pdf
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- Solicitation number
- IFB-26-00346
- Issued by
- Hillsborough County, Florida
About this file
This is a Construction Term Contract Agreement between Hillsborough County, Florida, a political subdivision of the State of Florida, and a contractor for the provision of Low Pressure Sewer System (LPSS) installations and repairs under Invitation for Bid (IFB) IFB-26-00346. The project encompasses furnishing and installing LPSS tanks, associated electrical connections, tie-in of service lines to wastewater force mains, and repairs to LPSS sites. The contract is a term contract that commences on the date specified in the Contract Purchase Agreement (CPA), with the County's right to issue Work Orders expiring upon the earlier occurrence of either the total value of authorized work equaling the awarded contract amount or the CPA expiration date. The contract includes a minimum guaranteed usage amount of $10,000.00 and may be extended at the sole discretion of the County for two additional two-year periods with equal dollar amounts, as specified in the Special Terms and Conditions. Time is of the essence for achievement of work following Work Order issuance, with liquidated damages assessable for failure to meet Substantial and/or Final Completion deadlines as stated in work orders.
The estimated project value is $4,410,000.00, with the specific awarded contract amount to be determined at the time of bid award. The actual value of authorized work may be significantly less than the award amount and will not be determined until the time of need. A Small Business Enterprise (SBE) subcontractor participation goal of 5% has been established for this solicitation and resulting contract. The contractor must furnish Certificates of Insurance and provide both Performance and Payment Bonds equal to the Contract Price within ten days of Notification of Award. The contract is governed by Florida law and applicable federal regulations, including Title VI and Title VII of the Civil Rights Act of 1964, the Florida Civil Rights Act of 1992, and the Hillsborough County Human Rights Ordinance. Questions and requests for interpretation must be submitted no later than 14 calendar days after the date of solicitation issuance, site visit, or pre-bid conference, whichever is later.
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Text version
Revised 01.29.2025 A - 1
AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20 (bid award date for projects subject thereto) by and between Hillsborough County, a political subdivision of the State of Florida, hereinafter called County; and hereinafter called the Contractor.
WITNESSETH THAT:
In consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows:
1. The Contractor shall provide to the County, within the Contract Time, all labor, materials, and appurtenances thereto per the requirements set forth in the Contract Documents for: IFB-26-00346, Low Pressure Sewer System Installations and Repairs (WORCS-2).
2. This term contract shall commence on the date specified on the Contract Purchase Agreement (CPA).
The County's right to issue Work Orders will expire when the total value of actual authorized work has equaled the awarded Contract amount ($_______), 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. 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.
4. 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.
5. 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 $10,000.00 usage on this contract.
6. During the performance of this Agreement, the Contractor herein assures the County that said Contractor 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
Revised 01.29.2025 A - 2 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
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.
Revised 01.29.2025 A - 3
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)
BOCC Staff Approval Date
Department Fiscal Department Director Procurement County Attorney:
Approved as to Form and Legal Sufficiency
Revised 01.29.2025 A - 4
(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 ______________________
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