3-H. AGREEMENT - CONSTRUCTION.pdf

AGREEMENT

THIS AGREEMENT is made and entered into by and between PASCO COUNTY, FLORIDA, by and through its Board of County Commissioners, hereinafter called COUNTY, and , hereinafter called the CONTRACTOR, whose business address is .

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:

Solicitation Title:

Bid No.:

2. The CONTRACTOR shall complete the Work to be performed under this Agreement within calendar days (the initial Contract Time) from the date of the Notice to Proceed issued by the COUNTY.

3. In addition to the number of calendar days specified for the initial Contract Time in the preceding paragraph, calendar days have been included in the overall Contract Time for allocation to the CONTRACTOR for performance of Allowance Work in accordance with the Allowances provision of the Contract Documents.

4. Time is of the essence for this Agreement. Timely completion of the Work after the issuance of the aforesaid Notice to Proceed is of central importance to the COUNTY. This Project has certain various critical milestones to be met.

5. Liquidated damages shall apply to compensate for delays. The parties acknowledge and agree that the damages to the COUNTY associated with any delay in completion of the Project are not readily ascertainable as of the time of execution of this Agreement, and concur that the sum of $ ___ per diem, bears a reasonable relationship to the actual damages which the COUNTY would suffer as a consequence of any such delay in completion of the Work. The parties agree that such sums are reasonable and would not constitute a penalty against the CONTRACTOR. In arriving at these sums, consideration has been given to the loss to the public of the use of the Project due to delay, the additional administrative costs caused by any delay, higher labor and material costs associated with delay, risks associated with litigation from delay, and other factors. Failure to complete the Work by any Milestone Date(s) set forth in the agreed upon Work Schedule or in this Agreement, up to and including that for Final Completion, therefore, shall entitle the COUNTY to deduct these sums from the Contract Price for each day of delay in meeting each such Milestone Date. The amounts of Liquidated Damages for individual Milestone Dates are additive for each day of delay they are concurrently in effect.

6. This Agreement includes and incorporates by reference all Contract Documents, as the term

Contract Documents is defined within Article 1 of the General Conditions.

7. The total Contract Price for the full and complete performance by Contractor of all Work required by the Contract Documents shall not exceed $ , unless otherwise modified as provided herein. The total Contract Price includes $100.00 for Indemnification, $100.00 for termination for convenience, $ ___ for Allowance Work, and $___________ for Alternate No. _. Payment shall be made not more often than once per month and in accordance with the Contract Documents.

8. 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 the employees of the CONTRACTOR or its 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 shall comply with Title VI of the Civil Rights Act of 1964 when any Federal grant is 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.

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/or Payment Bond for the Contract Price within ten (10) days following Notification of Award.

10. The COUNTY and the CONTRACTOR acknowledge the acceptance from the Bid Proposal of the following Alternate(s).

No. No. No. No.

No. No. No. No.

The COUNTY and the CONTRACTOR acknowledge that the corresponding price as shown in the

Bid Proposal for each accepted Alternate is incorporated in the amount of compensation specified in paragraph 7 above.

11. The COUNTY and the CONTRACTOR acknowledge that all addendums issued with respect to this

Project are herein incorporated into the list of Contract Documents listed in Article 1 of the General Conditions.

12. The funding required for this Project is contingent upon the availability of County funds and the appropriation of such funds by the Board of County Commissioners.

13. This Agreement and any changes hereto shall constitute the entire agreement between

CONTRACTOR and COUNTY relating to Work. This Agreement supersedes all previous or contemporary representations or warranties of COUNTY or CONTRACTOR not set forth or referenced in the Contract Documents.

14. 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 the COUNTY unless in writing and executed by the Board of County Commissioners.

15. Waiver by the COUNTY of a breach of any provision of this Agreement by the CONTRACTOR shall not be deemed to be a waiver or any other breach and shall not be construed to be a modification of the terms of this Agreement.

16. No modification, waiver, termination, discharge, or cancellation of the Agreement or of any terms thereof shall impair the rights of the COUNTY with respect to any liabilities, whether or not liquidated, of the CONTRACTOR to the COUNTY theretofore accrued.

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

18. The CONTRACTOR shall at all times remain an independent contractor and shall have no power, nor shall the CONTRACTOR represent that the CONTRACTOR has any power, to bind COUNTY or to assume or to create any obligation expressed or implied on behalf of the COUNTY.

19. 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.

20. The parties agree that if any part, term, or provision of this Agreement is held to be illegal, unenforceable or in conflict with any applicable federal, state or local law or regulation, such part, term or provision shall be severable with the remainder of the Agreement remaining valid and enforceable.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last day written below (bid award date for the Project subject thereto).

ATTEST BOARD OF COUNTY COMMISSIONERS OF

PASCO COUNTY, FLORIDA

By:_________________________ By:

Nikki Alvarez-Sowles, Esq. Chairman Clerk & Comptroller

Date: , 20

CONTRACTOR:

(NAME OF COMPANY)

BY:

(SIGNATURE)

(PRINTED NAME)

(TITLE OF SIGNER)

NOTARY ACKNOWLEDGMENT

STATE OF }

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COUNTY OF }

The foregoing instrument was acknowledged before me on ________________, 20_____, by means of:

[___] physical presence, or [___] online notarization by:

[as applicable, complete one (1) of the four (4) choices below]:

(1) FOR A CORPORATION OR LIMITED LIABILITY COMPANY:

[Name] , who executed the foregoing instrument as [Title] ____ of [Corporation or Company Name] , a:

[___] corporation, or [___] limited liability company organized under the laws of [State] __ ,

(2) FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:

[Name] _____________________________________________________________.

(3) FOR A PARTNERSHIP:

[Name] ________________Partner (or Agent), on behalf of [Name of Partnership] , a [State] partnership.

(4) FOR AN INDIVIDUAL ACTING AS PRINCIPAL BY AN ATTORNEY IN FACT:

[Name] , as attorney in fact.

Said person is (check one below):

[___] Personally known to me, or [___] Has produced as identification.

Signature of person taking acknowledgment

[Notary Stamp or Seal] Print Notary’s Name (This line is required to be completed by §117.05, F.S.)