HomeMy WebLinkAbout2025-1782025059 Indian River County Shooting Range Stands
Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of
Florida organized and existing under the Laws of the State of Florida, (hereinafter called COUNTY) and A.
Thomas Const.. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of
the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1— WORK AND PROJECT
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
The construction and anchoring of 15 new shooting stands plus the anchoring of 15 existing stands.
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Project Name: Indian River County Shooting Range Stands
Bid Number: 2025059
Project Address: 10455102nd Terrace, Sebastian, FL 32958
ARTICLE 2 - CONTRACT TIMES
2.01 Time of the Essence
All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment
as stated in the specifications are of the essence of the Agreement. Receipt of a fully executed copy of this
agreement by electronic means shall serve as notice to proceed.
2.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
The Work will be completed and ready for final payment on or before the Both day after the date when the
Contract Times commence to run.
2.03 Liquidated Damages
CONTRACTOR and COUNTY recognize that time is of the essence of this Agreement and that OWNER will
suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any
extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence
for this portion of work The parties also recognize the delays, expense, and difficulties involved in proving in
a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly,
instead of requiring any such proof, COUNTY and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty), CONTRACTOR shall pay COUNTY $god for each calendar day that expires after the
time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed
and ready for final payment.
ARTICLE . -i - CONTRACT PRICE
2025059 Indian River County Shooting Range Stands
3.01 COUNTY shall pay CONTRACTOR for completion of the Work an amount in current funds equal to
the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.ol.B,
below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $ 87.000.00
Written Amount: Eight -seven thousand dollars and zero cents
ARTICLE A - PAYMENT PROCEDURES
4.01 Progress Payments.
A. The COUNTY shall make progress payments to the CONTRACTOR on the basis of the approved
partial payment request as recommended by ENGINEER in accordance with the provisions of the Local
Government Prompt Payment Act, Florida Statutes section M8.7o et. seq. The COUNTY shall retain five
percent (5%) of the payment amount due to CONTRACTOR until substantial completion and acceptance of
all work to be performed by CONTRACTOR under the Contract Documents.
B. For construction projects less than $io million, at the time the COUNTY is in receipt of the
Certificate of Substantial Completion, the COUNTY shall have 30 calendar days to provide a list to the
Contractor of items to be completed and the estimated cost to complete each item on the list. COUNTY
and Contractor agree that the Contractor's itemized bid shall serve as the basis for determining the cost of
each item on the list. For projects in excess of $io million, COUNTY shall have up to 45 calendar days
following receipt of Certificate of Substantial Completion of the project to provide contractor with said list.
C. Within 20 business days following the creation of the list, COUNTY shall pay Contractor the
remaining contract balance including all retainage previously withheld by COUNTY except for an amount
equal to iso% of the estimated cost to complete all of the items on the list.
D. Upon completion of all items on the list, the Contractor may submit a payment request for the
amount of the iso% retainage held by the COUNTY. If a good faith dispute exists as to whether one or
more of the items have been finished, the COUNTY may continue to withhold the iso% of the total cost to
complete such items. The COUNTY shall provide Contractor written reasons for disputing completion of
the list.
4.02 Pay Requests.
A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress
payments will be on the basis of progress of the work measured by the schedule of values established, or in
the case of unit price work based on the number of units completed.
4.03 Paragraphs 5.oi and 5.02 do not apply to construction services work purchased by the County as
COUNTY which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws
and regulations or requirements that are contrary to any provision of the Local Government Prompt
Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant
requirements and guidelines.
2
2025059 Indian River County Shooting Range Stands
4.04 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the
COUNTY from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may
be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work
under this Agreement and for every act and neglect of the COUNTY and others relating to or arising out of
the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from
any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond.
ARTICLE 5 - INDEMNIFICATION
5.01 CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and
persons employed or utilized by the CONTRACTOR in the performance of the Work.
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.oi In order to induce COUNTY to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Invitation to Bid documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific
means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the
Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident
thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by COUNTY and others at the
Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and
all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
3
2025059 Indian River County Shooting Range Stands
H. CONTRACTOR has given COUNTY written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by
COUNTY is acceptable to CONTRACTOR
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system
(www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of
this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining an affidavit
from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien.
K. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act
of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the
Contractor pursuant thereto.
L. Contractor does not meet any of the criteria in Section 287.138, Florida Statutes, relating to Foreign
Entity ownership, that would exclude it from eligibility to enter an agreement which may give access to an
individual's personal identifying information.
ARTICLE 7 - CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of the following:
(1) This Agreement;
(2) Notice to Proceed;
(3) Certificate(s) of Liability Insurance;
(4) Invitation to Bid 2025059;
(5) Addenda (numbers 1 to 4, inclusive);
(6) CONTRACTOR'S Bid Form;
(7) Bid Bond;
(8) Qualifications Questionnaire;
(9) Drug Free Workplace Form;
(1o) Sworn Statement Under Section 105.o8, Indian River County Code, on Disclosure of Relationships;
(11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies;
(12) Certification Regarding Lobbying;
(13) Anti -Human Trafficking Affidavit;
(14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are
not attached hereto:
a) Written Amendments;
b) Change Order(s).
ARTICLE 8 - MISCELLANEOUS
8.o1 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
8.02 Assignment of Contract
4
2025059 Indian River County Shooting Range Stands
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
8.03 Successors and Assigns
A. COUNTY and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect
to all covenants, agreements, and obligations contained in the Contract Documents.
8.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
COUNTY and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
8.05 Venue
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by
either party against the other party or otherwise arising out of this Agreement shall be in Indian River County,
Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District
of Florida.
8.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County 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 in Chapter lig or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of
the Contractor or keep and maintain public records required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of Public Records,
in a format that is compatible with the information technology systems of the County.
5
2025059 Indian River County Shooting Range Stands
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
(772) 226-1424
publicrecords (&indianriver.gov
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 3296o
C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement.
8.07 Cooperative Purchasing
This agreement is available to eligible agencies for cooperative procurement purposes, however, COUNTY
is not a parry to any agreement or dispute between CONTRATOR and an agency utilizing this provision.
8.o8 Availability of Funds
The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully
appropriated for its purpose by the Board of County Commissioners of Indian River County.
9.o9 Changes
Any modification to this agreement must be made in writing. The cost of any contract
change, modification, amendment, addendum, change order, or constructive change must be
necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the
scope of work, and otherwise allowable.
Article 9: TERMINATION OF CONTRACT
A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide
the COUNTY with a right to terminate this Contract in accordance with this Article, in addition to pursuing
any other remedies which the COUNTY may have under this Contract or under law:
(1) if in the COUNTY's opinion CONTRACTOR is improperly performing work or violating any
provision(s) of the Contract Documents;
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or
equipment, as directed by the Engineer pursuant to an inspection;
(3) if in the COUNTY's opinion CONTRACTOR's work is being unnecessarily delayed and will
not be finished within the prescribed time;
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;
or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for
any of his property.
0
2025059 Indian River County Shooting Range Stands
B. COUNTY shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR
in writing of the grounds for termination and provide CONTRACTOR with ten (io) calendar days to cure
the default to the reasonable satisfaction of the COUNTY.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B,
COUNTY may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such
notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right
to possess or occupy the site or any materials thereon; provided, however, that the COUNTY may authorize
CONTRACTOR to restore any work sites.
D. A vendor or service provider that breaches this agreement during an emergency recovery period (1 -year
period that begins on the date that the governor initially declared a state of emergency for a natural
emergency) is to pay a $5,000 penalty and damages which may be either actual and consequential damages
or liquidated damages. Additionally, the CONTRACTOR shall be liable for:
(1) any new cost incurred by the COUNTY in soliciting bids or proposals for and letting a new contract;
and
(2) the difference between the cost of completing the new contract and the cost of completing this
Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by COUNTY to enforce
its rights herein.
E. TERMINATION FOR CONVENIENCE: COUNTY may at any time and for any reason terminate
CONTRACTOR's services and work for COUNTY's convenience. Upon receipt of notice of such termination
CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and
immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the
performance of this Contract. Upon such termination Contractor shall be entitled to payment only as
follows:
(i) the actual cost of the work completed in conformity with this Contract and the specifications; plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and
approved by the COUNTY.
Contractor shall not be entitled to any other claim for compensation or damages against the County in
the event of such termination.
F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related
entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel
List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In
addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies
that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in
business operations in Cuba or Syria. COUNTY may terminate this Contract if CONTRACTOR, including all
wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of
making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is
engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. COUNTY may terminate this
Contract if CONTRACTOR is found to have submitted a false certification as provided under section
287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business
operations in Cuba or Syria, as defined by section 287.135, Florida Statutes.
7
2025059 Indian River County Shooting Range Stands
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to COUNTY and CONTRACTOR. All portions of the Contract Documents
have been signed or identified by COUNTY and CONTRACTOR or on their behalf.
This Agreement will be effective on September 9, 2025, (the date the Agreement is approved by the Indian
River County Board of County Commissioners, which is the Effective Date of the Agreement).
COUNTY:
CONTRACTOR:
: CO"tI Y -c ""•.e A. Thomas Construction, Inc.
U ..... 11�-/sn .
By:
". •_ ��Tame: fi r[ D � �lnl 1 �kat(1AcS
itle: 't f4i tA4. T
-.- (Corporate Seal)
dir(i5���,oP (If CONTRACTOR is a corporation or partnership,
L• attach evidence of authority to sign)
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:ell
(' Attest. '
By: V Name: `rte,
nifer . Shuler, County Attorney Title: V
Ryan L. Butler, Clerk of Court and Comptroller
Attest: 1'YID
Deputy Ctdk
(SEAL)
Designated Representative:
Carlos Flores, Project Engineer
18o127th Street, Vero Beach, FL 32960
772-226-1229
cflores@indianriver.gov
Designated Representative:
Name:
Title:
Address:
Phone:
Item Number Item Name Quantity Requir Unit Price
Flo basket (2)
#0-1 Shooting Stands 15 5400
#0-2 Anchor Existing Shoc 15 400