Res No 037-24-16142RESOLUTION NO. 037-24-16142
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SELECTING AND A WARDING A CONTRACT
FOR CONSTRUCTION TO TOMKA LLC FOR NEW
FENCING AT MURRAY PARK IN AN AMOUNT NOT TO
EXCEED $24,761, PLUS A $2,000 CONTINGENCY FOR A
TOTAL PROJECT COST NOT TO EXCEED $26,761;
PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") is in need perimeter fencing along the
main athletic field and basketball court at Murray Park (the "Project") as the existing fencing is in
disrepair and in need of replacement; and
WHEREAS, the City requested three (3) competitive quotes for the construction of the
Project and Tomka LLC (the "Contractor") provided the lowest quote, attached hereto as Exhibit
"A" (the "Quote") for the Project in the amount of$24,761; and
WHEREAS, the City Commission desires to select the Contractor's Quote for
constmction of the Project and authorize the City Manager to negotiate and execute a contract for
construction, in substantially the fonn attached hereto as Exhibit "B" (the "Contract"), with the
Contractor for the Project in an amount not to exceed $24, 761, together with a $2,000 contingency,
for a total project cost not to exceed $26,761; and
WHEREAS, the cost of the Project shall be charged to American Rescue Plan Act (ARP A)
Account No. 121-2000-572-6550, or such other funding source as detennined by the City Manager
to be in the best interest of the City; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Selection. The City Commission hereby selects the Contractor's Quote,
attached hereto as Exhibit "A," for construction of the Project.
Section 3. Authorization. The City Manager is hereby authorized to negotiate and
execute the Contract with the Contractor for the Project in substantially the fo1m attached hereto
as Exhibit uB" in an amount not to exceed $24,761, together with a $2,000 contingency, for a total
project cost not to exceed $26,761, subject to the approval as to form, content, and legal sufficiency
Page 1 of2
Res. No. 037 -24-16142
by the City Manager and City Attorney. The expenses for the Project shall be charged to American
Rescue Plan Act (ARPA) Account No. I 21-2000-572-6550, or such other funding source as
detennined by the City Manager to b e in the best interest of the City.
Section 4. Implementation. The City Manager is hereby authorized to take all actions
necessary to implement the purposes and intent of this Resolution.
Section 5 . Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 6.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASS ED AND ADOPTED this 2m1 day of April, 2024.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTIO/-
WEISS SER OT A HELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED: €5~
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Conunissioner Calle:
Commissioner Liebman:
Commissioner Corey:
Page 2 of2
4-0
Yea
Yea
Yea
Absent
Yea
Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: April 2, 2024
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
SELECTING AND AWARDING A CONTRACT FOR CONSTRUCTION TO TOMKA LLC FOR NEW FENCING
AT MURRAY PARK IN AN AMOUNT NOT TO EXCEED $24,761, PLUS A $2,000 CONTINGENCY FOR A
TOTAL PROJECT COST NOT TO EXCEED $26,761; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PARKS,
RECREATION & CULTURAL DEPT.)
Suggested Action:
Attachments:
Memo-Murray_Park_Field_Fence.docx
Resolution Selecting Tomka for Construction of Fencing at Murray Park.DOCX
Exhibit A1 - Construction Contract - Murray Park Fence Project - Tomka LLC.DOC
Exhibit A2 - ARPA Addendum - Construction Contract - Tomka LLC - Murray Park Fencing.DOCX
Exhibit A - Fence Proposals.PDF
Tomka Sunbiz.PDF
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: Tuesday, April 2, 2024
SUBJECT: Procure and install new fence system along outdoor playing field and courtat Murray
Park ($24,761).
RECOMMENDATION:Approval of the purchase and installation of new, commercial-grade, chain-
link fencing (approximately 680 LF) in the amount of $24,761 to replace the
existing fence system at Murray Park.
BACKGROUND:The current perimeter fence system along the main athletic field and basketball
court at Murray Park is in a state of disrepair and necessitates replacement.
Multiple sections of the existing fence system include dents, holes, bent
sections, and weak/unstable areas causing the fence to lean. The fence guard is
also in need of replacement as it is discolored and broken in several places.
To address these concerns, staff recommend the installation of a new
commercial fence system along the main athletic field. This new system will
feature an increased height of four (4) feet, compared to the existing three (3)
feet, with multiple service gates and fixed openings at strategic points to
discourage patrons from leaningagainst, sittingon, and jumping over the fence.
The project also includes replacement of the 6’ foot fence line located between
the basketball court and multipurpose field, and the 10’ and 8’ high fence line
along the perimeter of the basketball court on the south- and west-end. The
proposed fence system is durable and will withstand reasonable weather
conditions and further improve the appearance of the playing areas.
After soliciting competitive proposals from three (3) different suppliers,
Tomka LLC emerged as the most cost-effective and responsive vendor. Their
proposal aligns with our requirements and budgetary considerations.
VENDORS AMOUNT
TOMKA LLC $24,761
ZALDIVAR CONSTRUCTION SERVICE $25,100
ROYAL FENCE &EQUIPMENT CO. $31,475
2
SoutOOiami
THE CITY OF PLEASANT LIVING
I
~~-=-----------+----------,---~-
. I I
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Tomka has performed excellent work in the past for the City. The proposed
fence project includes a one (1) year material and labor warranty.
VENDOR:Tomka LLC
BUDGET:$65,000 was allocated in the ARPA Plan for fence system improvements at
Murray Park.
EXPENSE:The total expenditure in the amount of $24,761 includes materials, supplies,
and services, including but not limited to construction, labor, disposal of
materials, and equipment rental. A contingency in the amount of $2,000 will be
added for any unforeseen conditions.
ACCOUNT:American Rescue Plan Act (ARPA), account number 121-2000-572-6550, or
other funding source as determined by the City Manager to be in the best
interest of the City.
ATTACHMENTS:Resolution
Exhibit A - Fence Proposals
Sunbiz – Tomka LLC.
3
THE CITY OF PLEASANT LIVING
CONTRACT FOR CONSTRUCTION
....._ \.A TH IS CONTRA CJ FOR CONSTRUCTION (this "Co ntract") is made effective as of the
~--· day of ~'() , 2024 (the "Effective Dat e"), by and between th e
CITY OF SOUTHIAMI, FLORIDA, a Florida muni cipal co rporati on (h ere inafter referred to
as "City"), and TOMKA LLC, a Fl orida limited liability company, (h ereinafter, the
"Contractor").
WHEREAS , th e City desires certa in is in need perim eter fencing along the mai n athl et ic
field a nd basketball court al Murray Park (the "Project") as the ex is ting fencing is in disrepair
and in need of repla ceme nt ; and
WHEREAS , th e Contractor will perform services on behalf of th e Cit y, all as furth er se t
fo11h in th e Quote, attached hereto as Exhibit "A" (the "Q uote"); and
WHEREAS , th e Contractor and City, th ro ugh mutu al negotiation , hav e agreed upon a
fee for con stru ction of th e Project in the am ount of $24,76 1; and
WHEREAS , the City desires to engage the Co ntract or lo perfor m th e Services and
provide the deliv era bl es as specified below.
NOW, THEREFORE , in consideration of the mutual covenants and co ndi tion s
contained herein, th e Contractor and the City agree as fo ll ows:
ARTICLE I
SCOPE OF WORK
1.1 Co ntractor hereb y agrees to furnish all of th e labor, mat erial s, equipm en t, se rvic es and
incid ental s necessary to perform all of th e work descr ibed in th e Co ntract Docum ent s (the
"Work" or the "Proj ec t") includin g, without limitation as described in the approved plans,
drawings an cl/o r specifications for the following Proj ec t:
MURRAY PARK FENCE REPLACEMENT PROJECT
and in ac co rd ance with the Quote attached hereto as Exhibit "A."
ARTICLE2
CONTRACT TIME
2 .1 Con tractor shalt be in strncted to co mm ence th e Work by writt en in strn cti ons in the form of a
Notice to Proceed providing a co mmenc emen t dat e and iss ued by th e City Engineer. The
Notice to Proceed wilt not be iss ued until Co ntracto ,,s submi ss ion to City of all required
documents and after execution of thi s Co ntract.
Page I of 19
2.2 Time is of the essence throughout this Contract. The Contractor shall prosecute the Work
with faithfulness and diligence and the Work shall be substantially completed within thirty
(30) calendar days from the date specified in the Notice to Proceed ("Substantial
Completion"). Substantial Completion shall be defined for this purpose as the date on which
City receives beneficial use of the Project. The Work shall be fully completed in accord
with the Contract Documents within fifteen (15) calendar days from the date certified by the
City as the date of Substantial Completion ('Final Completion") and on the date agreed to
by the City when all Work has been completed in accordance with the Contract Documents.
2.3 Upon failure of Contractor to substantially complete the Contract within the specified period
of time, Contractor shall pay to City the sum of Two Hundred Dollars ($200.00) for each
calendar day after the time specified in Section 2.2 above for Substantial Completion. After
Substantial Completion, should Contractor fail to complete the remaining Work within the
time specified in Section 2.2 above for final completion and readiness for final payment,
Contractor shall pay to City the sum of Two Hundred Dollars ($200.00) for each calendar
day after the time specified in Section ,2.2 for final completion and readiness for final
payment. These amounts are not penalties but are liquidated damages payable by Contractor
to City for the failure to provide full beneficial occupancy and use of tho Project as required.
Liquidated damages are hereby fixed and agreed upon between the patties who hereby
acknowledge the difficulty of detennining the amount of damages that will be sustained by
City as a consequence of Contractor's delay and failure of Contractor to complete the
Contract on lime. The above-stated liquidated damages shall apply separately to ·each phase
of the Project for which a time for completion is given.
2.4 City is authorized to deduct the liquidated damages from monies due to Contractor for the
Work under this Contract. In case the liquidated damage amount due to City by Contractor
exceeds monies due Contractor from City, Contractor shall be liable and shall immediately
upon demand by City pay to City the amount of said excess.
ARTICLE3
CONTRACT PRICE
3.1 Each Pay Application shall include an affidavit or partial release or waiver of lien by
Contractor indicating that pm1ial payments received from CITY for the Work have been
applied by Contractor to discharge in full all of Contractor's obligations, including
payments to subcontractors and material suppliers. City shall pay to Contractor for the
perfonnance of the Contract, the total lump sum of $24,761 ("Contract Price,,). The
Contract Price shall be full compensation for all services, labor, materials, equipment and
costs, including overhead and profit, associated with completion of all the Work in fi.111
confonnity with the Contract Documents and adjusted only by written change orders signed
by both parties and approved as required by local law.
City shall make progress payments, deducting the amount from the Contract Price above on the
basis of Contractor's Applications for Payment on or before twenty (20) days after receipt of
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the Pay Application. Rejection of a Pay Application by the City shall be within twenty (20)
days after receipt of the Pay Application. Any rejection shall specify the applicable
deficiency and necessary corrective action. Any undisputed po1tion shall be paid as
specified above. All such payments will be mnde in accordance with the Schedule of
Values established in the Contract Documents or, in the event there is no Schedule of
Values, as otheiwise provided in the Contract Documents. In the event the Contract
Documents do not provide a Schedule of Values or other payment schedule, Applications
for Payment shall be submitted monthly by Contractor on or before the l 0th of each month
for the p1ior month. Progress payments shall be made in an amount equal to the percentage
of Work completed, but, in each case, less the aggregate of payments previously made and
less such amounts as City shall dctc11ninc or City may withhold taking into account the
aggregate of payments made and the percentage of Project completion in accordance with
the Contract Documents and Schedule of Value, if any. The Contractor agrees that five
percent (5%) of the amount due for each progress payment or Pay Application (the
"Retainagc") shall be retained by City until final completion and acceptance of the Work by
City. In the event there is a dispute between Contractor and City concerning a Pay
Application, dispute resolution procedures shall be conducted by City commencing within
45 days of receipt of the disputed Payment Application. The City shall reach a conclusion
within 15 days thereafter and promptly notify Contractor of the outcome, including
payment, if applicable.
3.2 The payment of any Application for Payment by City, including the final request
for payment, does not constitute approval os· acceptance by City of any item of the Work
reflected in such Application for Payment, nor shall it be construed as a waiver of any of
the City's rights hereunder or at law or in equity.
3,3 Upon Final Completion of the Work by Contractor in accordance with the Contract
Documents and acceptance by the City, and upon receipt of consent by any surety, City
shall pay the remainder of the Contract Price and Retainagc as recommended by the
City's Project Consultant. Final payment is contingent upon receipt by City from
Contractor of at least one complete set of as-built plans, reflecting an accurate depiction
of Contractor's Work.
3.4 This Contract is subject to the condition precedents that: (i) City funds are available and
budgeted for the Contract Price; (ii) the City secures and obtains any necessary grants or
loans for the accomplishment of this Project pursuant to any bmrowing legislation adopted
by the City Council relative to the Project; and (iii) City Council enacts 1egislation which
awards and authorizes the execution of this Contract, if such is required.
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ARTICLE4
CONTRACT DOCUMENTS
4. l The Contract Documents, which comprise the entire agreement between the City and the
Contractor concerning the Work, consist of this Contract for Consh11ction (including any
change orders and amendments thereto), any and all drawings, plans and specifications
approved by City (including the Plans), the bidding documents or procurement documents
for the Project, the Contractor's bid or proposal for the Project, the Bonds (defined herein),
Insurance Ce11ificates, the Notice of Award, and the Notice to Proceed, all of which are
deemed incorporated into and made a pat1 of this Contract by this reference and govern this
Project. h1 the event of any conflict among the foregoing, the documents shall govem in the
order listed herein. Contractor is reminded and hereby recognizes that all Work under this
Contract must comply with all applicable federal, state and local law. Any mandatory
clauses which are required by applicable law shall be deemed to be incorporated herein.
4.2 This Contract incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements, or understandings conceming
the subject matter of these Contract Documents that are not contained herein. Accordingly
it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oml or written.
4.3 The Contract Documents shall remain the property of the City. The Contractor shall have
the right to keep one record set of the Contract Documents upon completion of the Project;
however in no circumstances shall the Contractor use, or permit to be used, any or all of
such Contract Documents on other projects without the City's prior written authorization.
ARTICLES
INDEMNIFICATION
5.1 Contractor shall defend, indemnify, and hold harmless the City, its officers, agents and
employee.~, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, including legal fees and costs and through appeal,
arising out of or, related to, or in any way connected with Contractor's performance or
non-performance of this Contract or with Contractor's obligations or the Work related to
the Contract, including by reason of any damage to properly, or bodily injury or death
incurred or sustained by any pat1y. Contractor shall defend, indemnify, and hold the City
hannless from all losses, injuries or damages and wages or overtime compensation due its
employees in rendering services pursuant to this Contract, including payment of
reasonable attorneys' fees and costs in the defense of any claim made under the Fair
Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act, the Americans with Disabilities Act or any employment related
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6.1
litigation or worker's compensation claims under federal or state Jaw. The provisions of
this section shall survive tennination of this Contract.
ARTICLE6
INSURANCE AND BONDS
Insurance. Contractor shall secure and maintain throughout the duration of this Contract
insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, undetWritten by a film
rated A-X or better by Bests Rating and qualified to do business in the State of Florida.
Certificates of Insurance shall be provided to the City, reflecting the City as an
Additional Insured, no later than ten ( I 0) days after award of this Contract and prior to
the -execution of this Contract by City and prior to commencing any Work. Each
certificate shall include no less than (30) thirty-day advance written notice lo City prior to
cancellation, termination, or material alteration of said policies or insurance. The
insurance coverage shall be primary insurance with respect to the City, its officials,
employees, agents and volunteers naming the City as additional insured. Any insurance
maintained by the City shall be in excess of the Contractor's insurance and shall not
contribute to the Contractor's insurance. The insurance coverages shall include at a
minimum the amounts set forth in this Section 6.1.
(a) Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to property under the care,
custody and control of Contractor. The General Aggregate Liability limit {except for
Products/Completed Operations) shall be in the amount of $2,000,000.
(b) Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Contractor sha11 be allowed to
provide Work pursuant to this Contract who is not covered by Worker's Compensation
insurance.
(c) Business Automobile Liability with m1111mum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Properly Damage. Coverage
must be afforded on a form no· more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include Owned, Hired, and Non-Owned Vehicles.
(d) Contractor acknowledges that it shall bear the full risk of Joss for any portion of
the Work damaged, destroyed, lost or stolen until Final Completion has been achieved for
5 ofl9
the Project, and all such Work shall be ft.Illy restored by the Contractor, at its sole cost
and expense, in accordance with the Contract Documents.
(e) Certificate of Insurance. On or before the Effective Date of this Contract, the
Contractor shall provide the City with Certificates of Insurance for all required policies.
The Contractor shall be responsible for assuring that the insurance certificates required by
this Section remain in full force and effect for the duration of this Contract, including any
extensions or renewals that may be granted by the City. The Certificates of Insurance
shall not only name the types of policy(ics) provided, but also shall refer specifically to
this Contract and shall state that such insurance is as required by this Contract. The City
reserves the right to inspect and return a cc11ificd copy of such policies, upon written
request by the City. If a policy is due lo expire prior to the completion of the Work,
renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the
date of their policy expiration. Each policy certificate shall be endorsed with a provision
that not less than thirty (30) calendar days' written notice shall be provided to the City
before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s)
is subject to approval of the City.
(t) Additional Insured. The City is to be specifically included as an Additional
Insured for the liability of the City resulting from Work perfom1ed by or on behalf of the
Contractor in perfonnance of this Contract. The Contractor's insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to the
Contractor's insurance. The Contractor's insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance
shall apply to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
(g) Deductibles. All deductibles or self-insured retentions must be declared to and
be reasonably approved by the City. The Contractor shall be responsible for the payment
of any deductible or self-insured retentions in the event of any claim.
(h) The provisions of this section shall survive lennination of this Contract.
I.I. Bonds. Prior to performing any portion of the Work the Contractor shall deliver to
City the Bonds required to be provided by Contractor hereunder (the bonds referenced in
this Section are collectively refen-ed to herein as the "Bonds"). Pursuant to and in
accordance with Section 255.05, Florida Statutes, the Contractor shall obtain and thereafter
at all times during the performance of the Work maintain a separate perfonuance bond and
labor and material payment bond for the Work, each in an amount equal to one hundred
percent (100%) of the Contract Price and each in the fom1 provided in the Contract
Documents or in other form satisfactory to and approved in writing by City and executed
by a surety of recognized standing with a rating of B plus or better for bonds up to Two
Million Dollars. The surety providing such Bonds must be licensed, authorized and
admitted lo do business in the Stale of Florida and must be listed in the Federal Register
(Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in
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the Contract Price. If notice of any change affecting the Scope of the Work, the Conh·act
Price, Contract Time or any of the provisions of the Contract Documents is required by the
provisions of any bond to be given to a surety, the giving of any such notice shall be
Contractor's sole responsibility, and the amount of each applicable bond shall be adjusted
accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do
business in Florida is terminated or it ceases to meet applicable law or regulations, the
Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds
as applicable) and surety, all of which must be satisfactory to City. As authorized by
Section 255.05( 1 )(a}, Florida Statutes, if this Project is exempt from posting of a payment
and performance bond, the City shall select this box: □.
ARTICLE7
CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
In order to induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7.1 Contractor Represents the following:
7.1.1 Contractor has examined and carefully studied the Contract Documents and the
other data identified in the bidding documents, including, without limitation, the
"technical data" and plans and specifications and the Plans.
7.1.2 Contractor has visited the Pr~ject site and become familiar with and is satisfied as
to the general and local conditions and site conditions that may affect cost, progress,
perfonnance or fumishing of the Work.
7.1.3 Contractor is familiar with and is satisfied as to all federal, state and local laws,
regulations and pem1its that may affect cost, progress, perfonuance and furnishing of the
Work. Contractor agrees that it will at all times comply with all requirements of the
foregoing laws, regulations and permits.
7 .1.4 Contractor has made, or caused to be made, examinations, investigations, tests
and/or studies as necessary to determine surface and subsurface conditions at or on the
site. Contractor acknowledges that the City does not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Contract
Documents with respect to underground or ground facilities at, contiguous or near the site
or for existing improvements at or near the site. Contractor has obtained and carefi.dly
studied ( or assumes responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions
(surface, subsurface and underground facilities and improvements) at, contiguous or near
to the site or otherwise which may affect cost, progress, perfo1111ancc or fi.tmishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences and
procedures of construction to be employed by Contractor and safety precautions and
programs incident thereto. Contractor does not consider that any additional
7 of 19
examinations, investigations, explorations, tests, studies or data are necessary for the
perfonnancc and furnishing of the Work at the Contract Price, within the Contract Time
and in accordance with the other te11ns and conditions of the Contract Documents.
7.1.5 Conh·actor is aware of the general nature of Work to be perfonned by the City and
others at the site that relates to the Work as indicated in the Contract Documents.
7 .1.6 Contractor has c01Telated the information known to Contractor, infonnation and
observations obtained from visits to the site, reports and drawings identified in the
Contract Documents and all additional examinations, investigations, explorations, tests,
sh1dies and data with the Contract Documents.
7.1.7 Contractor has given City written notice of all conflicts, etTors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to Contactor, and the Contract Documents arc
generally sufficient to indicate and convey understanding of all terms and conditions for
peaformance and furnishing of the Work.
7 .1.8 The Contractor agrees and represents that it possesses the requisite skills to
perfom1 the Work and that the Work shall be executed in a good and workmanlike
mam1er, free from defects, and that all materials shall be new and approved by or
acceptable to City, except as otherwise expressly provided for in the Contract
Documents. The Contractor shall cause all materials and other parts of the Work to be
readily available as and when required or needed for or in connection with the
construction, furnishing and equipping of the Project.
7.2 Contractor warrants the following:
7.2.1 Anti-Discrimination: Contractor agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or
se1vice under this Contract because of mcc, color, religion, sex, national origin, or
physical or mental handicap where the handicap does not affect the ability of an
individual to perfonn in a position of employment, and agrees to abide by all federal and
state laws regarding non-discrimination.
7 .2.2 Anti-Kickback: Contractor warranls that no person has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, bmkerage or contingent fee, and that no employee or officer of
the City has any interest, financially or othetwise, in the Project. For breach or violation
of this warranty, the City shall have the right to annul this Contract without liability or, in
its discretion, to deduct from the Contract Price or consideration, the full amount of such
commission, percentage, brokerage or contingent fee.
7.2.3 Licensing and Permits: Contractor wan·ants that it shall have, prior to
commencement of Work under this Contract nnd al all times during said Work, all
required licenses and permits whether federal, state, County or City. Contractor
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acknowledges that it is the obligation of Contractor to obtain all ]icenses and pennits
required for this Project.
ARTICLES
DEFAULT AND TERMINATION
8.1 If Contractor fails to timely begin the Work, or fails to perfonn the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt comp]etion of the
Work within the Contract Time as specified in Article 2, or shall perfonn the Work
unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to
pe1fonn any material tenn set forth in the Contract Documents or if Contractor shall become
insolvent or be declared bankmpt, or commit any act of bank111ptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause whatsoever shall
not carry 011 the Work in an acceptable manner, City may, upon seven (7) days written
Notice of Termination, terminate the se1vices of Contractor, exclude Conb·actor from the
Project site, provide for alternate prosecution of the Work, approptiate or use any or all
materials and equipment on the Project site ns may be suitable and acceptable, and may
finish the Work by whatever methods il may deem expedient. In such case Contractor shall
not be entitled to receive any further payment until the Project is completed. All damages,
costs and charges incun·ed by City, together with the costs of completing the Project, shall
be deducted from any monies due or which may become due to Contractor. In case the
damages and expenses so incurred by City shall exceed monies due Contractor from City,
Contractor shall be liab1c and shall pay to City the amount of said excess promptly upon
demand therefore by City. In the event it is adjudicated that City was not entitled to
terminate the Contract as described hereunder for default, the Contract shall automatically
be deemed tenninated by City for convenience as described below.
8.2 This Contract may be terminated by the City for convenience upon seven (7) calendar
days' written notice to the Contractor. In the event of such a termination, the Contractor
shall incur no further obligations in connection with the Project and shall, to the extent
possible, tenninate any outstanding subcontractor obligations. The Contractor shall be
compensated for all services performed to the satisfaction of the City. In such event, the
Contractor shall promptly submit to the City its Application for Payment for final
payment which shall comply with the provisions of the Contract Documents.
ARTICLE9
MISCELLANEOUS
9.1 No Assignment.
9 ofl9
Neither pa11y shall assign the Contract m· any sub-contract in whole or in part without the written
consent of the other, nor slmll Contractor assign any monies due or to become due to it
hereunder, without the previous written consent of the City.
9.2
9.3
Contractor's Responsibility fo1· Damages and Accidents:
9.2.1 Contractor shall accept full responsibility for the Work against all loss or damage of
any nah1re sustained until final acceptance by City, and shall promptly repair any damage
done from any cause.
9.2.2 Contractor shall be responsible for all materials, equipment and supplies pertaining
to the Project In the event any such materials, equipment and supplies are lost, stolen,
damaged or destroyed prior to final acceptance by City, Contractor shall replace same
without cost to City.
Defective Work. Warranty and Guarantee:
9.3.1 City shall have the authority to reject or disapprove Work which the City finds to be
defective. If required by the City, Contractor shall promptly either con-ect all defective
Work or remove such defective Work and replace it with nondefective Work. Contractor
shall bear all direct, indirect and consequential costs of such removal or corrections
including cost of testing laboratories and personnel.
9.3.2 Should Conlrnctor fail or refuse to remove or co1Tcct any defective Work or to make
any necessary repairs in accordance with lhe requirements of the Contract Documents
within the time indicated in writing by City's Engineer, City shall have the authority to cause
the defective Work to be removed or con-ected, or make such repairs as may be necessary at
Contrnct01Js expense. Any expense incm1·cd by City in making such removals, co1Tections
or repairs, shall be paid for out of any monies due or which may become due to Contractor.
In the event of failure of Contractor to make all necessary repairs promptly and fully, City
may declare Contractor in default.
9.3.3 The Contrnctor shall unconditionally wanant and guarantee all materials and
equipment furnished and Work pcrfonned for a period of one (1) year from the date of
substantial completion. If, within one (I) year after the date of substantial completion, any
of the Work is found to be defective or not in accordance with the Contract Documents,
Contractor, after receipt of written notice from City, shall promptly correct such defective or
nonconfo1ming Work within the time specified by City without cost to City. Nothing
contained herein shall be construed to establish a period of limitation with respect to any
other obligation which Contractor might have under the Contract Documents including but
not Jimited to any claim regarding latent defects. Contrnctor shall provide and assign to City
all material and equipment warranties upon completion of the Work hereunder.
9.3.4 Failure to reject any detective Work or material shall not in any way prevent later
rejection when such defect is discovered.
10 of 19
9.4 Legal Restrictions and Hours of Wm·k.
Contractor shall confonn to and obey all applicable laws, regulations, or ordinances with
regard to labor employed, hours of Work and Contracto1Js general operations. Contractor
shall conduct its operations so as not to interfere with or close any thoroughfare, without the
written consent of the City or governingjmisdiction. Work is anticipated to be performed
Monday through Friday in accordance with the requirements and limitations of applicable
law. Unless authorized by the City othe1wise, the Contractor shall not pcrfom1 Work
beyond the time and days provided above without the prior written approval of the City.
9 .5 Ownership and Access to Records and Audits.
9.5.1 Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled infonnation, and
all similar or related information (whether patentable or not) which relate to Services to
the City which are conceived, developed or made by Contractor during the term of this
Agreement ("Work Pl'Oduct") belong to the City. Contractor shall promptly disclose such
Work Product to the City and perform all actions reasonably requested by the City
(whether during or after the tenn of this Agreement) to establish and confi11n such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
9.5.2 Contractor agrees to keep and maintain public records in Contractor's possession
or control in connection with Contractor's perfonnance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of
three (3) years from the date of termitmtion of this Agreement, have access to and the
right to examine and audit any records of the Contractor involving transactions related to
this Agreement. Contractor additionally agrees to comply specifically with the
provisions of Section I 19.0701, ~lorida Statutes. Contractor shall ensure that public
records that are exempt or confidential nnd exempt from public records disclosure
requirements are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement until the records arc transferred
to the City.
9.5.3 Upon request from the City's custodian of public records, Contractor shall
provide the City with a copy of the requested records or allow the records lo be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
9.5.4 Unless othe1wise provided by law, any and all records, including but not limited
to reports, surveys, and other data and documents provided or created in connection with
this Agreement are and shall remain the properly of the City.
11 of 19
9.6
9.5.5 Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Contractor
shall be delivered by the Contractor to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Contractor shall be delivered to
the City in a format that is compatible with the City's infonnation technology systems.
Once the public records have been delivered upon completion or te1mination of this
Agreement, the Contractor shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
9.5.6 Any compensation due to Contractor shall be withheld until all records are
received as provided herein.
9.5.7 Contractor's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
9.5.8 Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. 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 AGREEMENT, CONT ACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Nkenga "Nikki" Payne, CMC, FCRM
Mailing address: 6130 Sunset Drive
South Miami, FL 33143
Telephone number: 305-663-6340
Email: NPaync(tv,southmiamifl.gov
No Damages fo1· Delay:
No claim for damages or any claim, other thun for an extension of time shall be made or
asserted against City by reason of any delays. Contractor sha11 not be entitled to an increase in
the Contract Price or payment or compensation of any kind from City for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to, costs of
acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, dismption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether or not
caused by City. Contractor shall be entitled only to extensions of the Contract Time as the sole
and exclusive remedy for such resulting delay. Notwithstanding the above Contractor may be
granted an extension of time and suspension of liquidated damages for any delay beyond the
control of the Contractor. Should any delay, disruption, interference or hindrance be
intentionally caused by the City, for a continuous period or cumulative period ofthit1y (30) days,
the Contractor may terminate the Contract upon seven days written notice to the City.
12 of 19
9.7 Authorized Representative.
9.7.1 Before commencing the Work, Contractor shall designate a competent, authorized
representative ("Authorized Representative") acceptable to City to represent and act for
Contractor and shall inform City, in writing, of the name and address of such
representative together with a clear definition of the scope of his authority to represent
and act for Contractor. Contractor shall keep City infonned of any subsequent changes in
the foregoing. Such representative shall be present or duly represented at the Project site
at all times when Work is actually in progress. All notices, detenninations, instrnctions
and other communications given to the authorized representatives of Contractor shall be
binding upon the Contractor.
9.7.2 The Authorized Representative, project Citys, superintendents and supervisors for
the Project are all subject to prior and continuous approval of City. If, at any time during
the tenn of this Contract, any of the personnel either functionally or nominally
perfom1ing any of the positions named above, are, for any reasonable cause whatsoever,
unacceptable to City, Contractor shall replace the unacceptable personnel with personnel
acceptable to City.
9.8 ~
Contractor shall pay all taxes, levies, duties and assessments of every nature which may
be applicable to any Work under this Contract. The Contract Price and any agreed variations
thereof shall include all taxes imposed by law al the lime of this Contract. Contractor shall make
any and all payroll deductions required by law. Contractor herein indemnifies and holds Owner
harmless from any liability on account of any and all such taxes, levies, duties and assessments.
9.9 Utilities.
Contractor shall, at its expense, locate all utilities in the Work area, in accordance with all
requirements of applicable Jaw. Contractor shall further ainnge for~ develop and maintain all
utilities at the Project to perform the Work and meet the requirements of this Contract. Such
utilities shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of
the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all temporary
utilities developed to meet the requirements of this Contract.
9.10 Safety.
Contractor shall be fully and solely responsible for safety and conducting all operations
under this Contract at all times in such a manner as to avoid the risk of bodily hann to persons
and damage to property. Contractor shall continually and diligently inspect all Work, materials
and equipment to discover any conditions which might involve such risks and shal1 be solely
responsible for discovery and correction of any such conditions. Contractor shall have sole
responsibility for implementing its safety program. City shall not be responsible for supervising
the implementation of Contractor's safety program, and shall not have responsibility for the
safety of Contractor's or its subContractor's employees. Contractor shall maintain all portions of
13 of 19
the Project site and Work in a neat, clean and sanitary condition at all times. Contractor shall
assure that subcontractors perfonning Work comply with the foregoing safety requirements.
9.11 Cleaning Up.
Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean and safe
condition. Upon completion of any portion of the Work, Contractor shall promptly remove all of
its equipment, construction materials, temporary stmctures and surplus materials not to be used
at or near the same location during later stages of Work. Upon completion of the Work and
before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all
rubbish, unused materials and other equipment and materials belonging to it or used in the
perfo1mance of the Work and Contractor shall leave the Project in a neat, clean and safe
condition. In the event of Contractor's failul'c to comply with the foregoing, the same may be
accomplished by City at Contractor's expense.
9.12 Rights and Remedies.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder and in accordance with this Contract shall be in addition to and
not a limitation of any duties, obligations, rights and remedies othetwise imposed or available by
law.
9.13 Public Entity C1·imes Affidavit
Contractor shall comply with Section 287.133, Flodda Statutes, (Public Entity Crimes
Statute) notification of which is hereby incorporated herein by reference, including execution of any
required affidavit.
9 .14 Capitalized Terms.
Capitalized terms shall have their plain meaning as indicated herein.
9.15 Independent Contracto1·.
The Contractor is on independent Contractor under the Contract. This Contract docs not
create any partnership nor joint venture. Services provided by the Contractor shall be by employees
of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or
agents of the City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures, applicable to
services rendered under the Contract shall be those of the Contractor.
9 .16 Payment to Sub-Contractors.
Certification of Payment to SubConh·actors: The tenn °subContractor'', as used herein,
includes persons or films furnishing labor, materials or equipment incorporated into or to be
incorporated into the Work or Project. The Contractor is required to pay all subcontractors for
14 of 19
satisfactory perf01mance of their contracts as a condition precedent to payment to Contractor by the
City. The Contractor shall also retum all retainage withheld to the subContractors within 30 days
after the subContractor's work is satisfactorily complete and accepted by the City.
9.17 Liens.
Contractor shall not permit any mechanic's, laborer's or materialmen's lien to be filed
against the Project site or any patt thereof by reason of any Work, labor, se1vices or materials
supplied or claimed to have been supplied to tlic Project. In the event such a lien is found or
claimed against the Project, Contractor shall within ten ( I 0) days _after notice of the lien
discharge the lien or liens and cause a satisfaction of such lien to be recorded in the public
records of Miami-Dade County, Florida, 01· cause such lien to be transferred to a bond, or post a
bond sufficient to cause the Clerk of the Circuit Com1 of Miami-Dade County, Florida, to
discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge
or bond the lien or liens within such period as required above, City shall thereafter have the right,
but not the obligation, to discharge or bond the lien or liens. Additionally, City shall thereafter
have the right, but not the obligation, to retain out of any payment then due or to become due
Contractor, one hundred fifty percent ( 150%) of the amount of the lien and to pay City's
reasonable attorneys' fees and costs incurred in connection therewith.
9.18 Governing Law.
This Contract shall be constmed in accordance with and governed by the laws of the State of
Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in Miami-
Dade County, Fl01ida.
9.19 Waiver of Jua·y Tl·ial.
City and Contractor knowingly, irrevocably, voluntarily and intentionally waive any right
either may have to a trial by jury in State and or Federal court proceedings in respect to any action,
proceeding, lawsuit or counterclaim based upon the Conh·act for Constmction, arising out of, under,
or in connection with the Constmction of the Work, or any course of conduct, course of dealing,
statements or actions or inactions of any party.
9.20 Prevailing Party; Attorneys' Fees.
In the event of any controversy, claim, dispute or litigation between the pa11ies arising from
or relating to this Contract (including, but not limited to, the enforcement of any indemnity
provisions), the prevailing party shall be entitled to recover reasonable costs, expenses and
attorneys' fees including, but not limited to, comt costs and other expenses through all appellate
levels.
9 .21 Notices/ Authorized Representatives.
Any notices required by this Contract shall be in writing and shall be deemed to have been
properly given if transmitted by hand-delivery, by registered or certified moil with postage prepaid
15 of 19
retum receipt requested, or by a private postal se1vice, addressed to the parties (or their successors}
at the addresses listed on the signature page of this Contract or such other address as the party may
have ·designated by proper notice.
ARTICLE 10
SPECIAL CONDITIONS
10.1 The following provisions supersede any provisions contained in this Contract only to the
extent of any conflict with same. These provisions are particular to a given transaction
and are transaction specific: None
10.2 American Rescue Plan Act Contract Conditions. The Contractor acknowledges that
the Work may be fully or pattially funded utilizing Coronavirus State and Local Fiscal
Recovery Funds allocated to the City pursuant to the American Rescue Plan Act
("ARPA"}. Towards that end, the Contractor shall be required to comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by ARP A, as futther detailed in the
ARP A Contract Conditions. If compliance with the ARP A Addendum is required, the
City shall select this box: ® .
(Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows, I
16 of 19
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work
authorization status of all newJy hil'ed employees. The City will not enter into a contract unless
each party to the contract registers with and uses the E--Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions
on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please
visit: https://www.e-verify.gov/fag/how-do-i-provide-proof-of-my-pmticipationenrollment-in-e-
vcrify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
lXI Check here to confirm proof of enrollment In E-Verify has been attached to this
Mtidavit.
In the presence of:
Witness #1 Print
Witness #2 Print
State of Florida
County of J»N
ity Name: ::V:,\V\ ~
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me by means of J2Fphysical presence or □
online notarization, this _ML day of Y , 20~ by 1 o\-t.-0
fttts:e:? (name of person) as (\0:Q • (type of authority) for
Tp\.'::1\£.A, (name of party on behalf of whom instrument is executed).
,,,, ..... ,, ~•,c.,..,
:~~-.. ,:~-~ ADIANEZPOSADA t:i N MY COMMISSION fl Hl-f 134793
•-:.~ ••••• 0~ EXPIRES: June 4, 2025 o
,. ~~~~••••·. Domf~dThruNota PubllcU • loned)
--6._Personally known to me; or
,t( Produced identification (Type of Identification:. ___________ ~
:,6. Did take an oath; or
N/bDid not take an oath
17 of 19
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
By: -"-'~---:-----:-------IJ--~-\---
Genaro "C h ' Iglesias
City Manager
Attest:
Approved as to form and legal sufficiency:
By: ----r'::P,,b"-.L.:::."""-":::;t;-=-------
Weis & Bierman, P.L.
City Attorney
Address es for Notice:
Genaro "Chip" Iglesia s
City of South Miami
Attn: City Manag er
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfinan Cole & Biennan, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
Jarango @ws h-law.com (email)
CONTRACTOR
Addresses for Notice:
TOMKA, LLC c/o Julio Torres
8200 NW 41 st Street Ste 200
Miami, FL 33166
786-399-2052 (Telephone)
----:---:-c=-c----:---::-----(Facsimile)
admin@tomkafi .com (Email)
With a copy to:
____________ (Telephone)
____________ (Fa cs imile)
____________ (Email)
EXHIBIT A
The Scope of Services are those contained in the Proposal dated F'e b · 1 g ; ~() :i.y; attached
hereto and incorporated herein by reference.
OR
The Scope of Services set forth herein shall collectively be refen-ed to as the "Services."
Specifically, Contractor's Services shall include, but not be limited to, the following:
Page 19 of 19
Proposal 2020-435
February 28th , 2024
City of South Mi ami
6130 Sunset Dr
South Miami, FL 33143
TOMKA, LLC -CGC 1526398
8200 NW 41 Street Ste 200
Miami , FL 33166
MURR AY PARK FENCE REPLACE~fiEN T
Details
-Mobilization
-Prepare area
-Plans & Permit Processing
-Remove and dispose existing chalnlink fence (Approx. 440 Linea r Ft)
-Furnish and Install new 4 Ft High chainllnk fence (Approx. 275 Linear Ft)
-Furnish and Install 2 service gates
-Furnish and Install new 6 Ft High chainlink fence (Approx. 165 Linea r Ft)
-Furnish and Install Fence Gua rds (Color se lected by the City) (Approx. 440 Lin ea r Ft)
-Equipment
-Provide protection of work site, Inclusive of surrounding surfaces against damage
-Clean up
-Dispose of all debris off site on a daily basis
-Leave site In ready for use conditions
BASKETBALL COURT
-Repla ce 10' high chainlink fence (only fabric & hardware)
Approx. 140' Linear Ft. (Black color) (9 Gauge)
-Replace 8 ' high chainlink fence (only fabric & hardware)
Approx. 100' Linear Ft. (Black color) (9 Gauge)
-Pain t existing post and rails (Black color)
4' High Chainlink Fence Specs:
Top Rain & Bottom Rall
Height: 4 8"
Posts: 2" O,D. Terminal/End/Corner; 2" O.D Line
Fabric: 9GA x 2" Mesh
Top ra il : 1 3/8" O.D.
Bottom Rall: 1 3/8" O.D
Post Caps: Dome Style
nes: 9GA Alu minum
Color: Black
6' Hi gh Chain link Fenc e Specs:
To p Rail, Middle Rall & Bottom Tension Wire
Height: 72"
Posts: 2 1/2" O.D. Terminal/End/Corner; 2" O.D.
line Fabric: 9GA x 2" Me sh
Top rail: 1 5/B" O.D.
Bottom Rilil: 1 5/8" O.D
Post Caps: Dom e Style
Ties: 9GA Aluminum
Ten sion Wire: 9GA Steel
Color: Black Footings: Terminal posts 36" deep x 12"; Line Posts 24" x 12";
Concrete: 3000 PSI Footing s: Termina l posts 36" de ep x 12"; Line Posts 24" x 1";
Concrete: 3000 PSI
Total Cost: $ 24,76 1 .00
Warranty: 1-Year NDL Mate1·ial s and Labor Warranty Included
NOTES
-Labor, material & delivery includ ed
-Permit fee is included in this proposal
-Engineering and ca lculations are included in this proposal
-Survey, tests or inspections are not in clud ed in t his proposal
-This proposal is valid for 30 days
Sincerely,
TOMKA LLC 1/1
AMERICAN RESCUE PLAN ACT ADDENDUM TO
CONTRACT FOR CONSTRUCTION
BETWEEN
THE CITY OF SOUTH MIAMI
AND
TOMKA LLC
T1!]S ADDENDUM to the Co ntra ct for Co nstruction (th e "Addendum") is ent ered int o
as of th e ~ day of ~i, / , 2024 (the "Effec tiv e Date of thi s Addendum"), by and betwe e n
th e CITY OF SOU H MIAMI, a Florida muni cip a l corporation , (the "C ity") and TOMKA
LLC, a Florida Limited Li ab ili ty Co mpany (hereinafter, th e "Contractor"). Co ll ec ti ve ly , the City
and th e Con tra ctor arc referr ed lo as "Parti es."
WHEREAS, on [D ATE], th e City ent ered int o a contract fo r construction
(the "A~rccmcnt") with th e Co ntra ctor for the Murray Park Fence Re pl ace ment Project (the
"Project"), as further defined in th e Ag rc e111c11t; and
WHEREAS, on March 11 , 2021, the federa l govc rn111cnt adopted th e A111crican Resc ue
Plan Ac t ("ARPA"), which, a111011g oth er thin gs, pro vid es loca l governm en ts with e111erge11cy
COVID -19 fi.mding; and
WHEREAS, th e City de s ires to utilize ARPA funding to impl e ment th e Project; and
WHEREAS, in ord er to utili ze ARPA fundin g for the Projec t, the Ci ty desires to
in cor porat e federally rcquirci co ntra ct provis ions re latin g to AR PA into the Agree men t, as set
forth in thi s ARP A Addendum; and
WHEREAS, th e Cit y and Contractor wi s h to modi fy th e tc r111 s of th e Agreeme nt in
acco rdan ce with th e ter111 s and co nditi ons se t forth in this ARPA Adde ndum .
NOW, THEREFORE, for and in co nsiderat ion of th e mutual promi ses set for th herein,
th e Cit y and Co nt rac to r agree as follows: 1
I. Recitals I ncorpornted. Th e above rec ital s are tru e and cor rect and in cor pora ted herein .
2. American Rescue Plan Act Provisions. The Ag ree ment is hereb y amended by adding th e
following provi s ion s to the Ag reement :
2.1.Mandated Federal Agreement Conditions.
2.1.l. In co nn ec ti on with th e perfo rman ce of thi s Agreement, Contractor acknowledges
that co mp e nsa tion for th e Proj ec t se rvi ces und er thi s Ag ree me nt s ha ll be fu ll y or partially
fu nd ed usin g th e Co ronaviru s Stat e and Lo ca l Fi sca l Re cove ry Fund s allo cate d to th e City
pursuant to th e American Rescue Pl an Act. As such, Contrnctor shall co mpl y wi th all la ws,
rules, re gulati ons, po li c ies, and guid elin es (in cludin g any sub se quent amendm ent s to such
laws, re gul ation s, policies, an d guid e lin es ) required by th e American Rescue Plan Ac t,
1 Coding: SIRkelhHiuc/~ are deletions to the existing words. Underlined words are additions to th e existing words.
City or South Mia m i. FL Pa ge 1 or 12
including, but not limited to the following documents and guidelines, which are incorporated
herein and made a part of this Agreement:
ARPA Exhibit 1. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200), as appJicable and as may
be amended from time to time;
ARPA Exhibit 2. The U.S. Department of the Treasury's Final Rule governing ARPA, dated
January 27, 2022;
ARPA Exhibit 3. U.S. Department of the Treasury Coronavirus State and Local Fiscal
Recovery Funds Award Terms and Conditions (Assistance Listing Number
21.019);
ARPA Exhibit 4. The U.S. Department of the Treasury's Coronavims State and Local Fiscal
Recovery Funds Frequently Asked Questions, dated April 27, 2022;
ARP A Exhibit 5. American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund
Agreement between the City and the State of Florida, Division of Emergency
Management;
ARP A Exhibit 6. The U.S. Depmimcnt of the Trcnsury' s ARPA Compliance and Rep011ing
Guidance, dated June 17, 2022; nnd
ARPA Exhibit 7. Assurances of Compliance with Civil Rights Requirements.
A copy of the above-referenced documents arc available for inspection by the Contractor at the
Office of the City Clerk and at the following City link: hllos::,·su111l1111iamilluov-
my.slmr.:pui111.c(1111ipcrsorml,'slmlick s,1u1h111im11ill :;,,,·: li1vm11s,'J S:unl~driv1.·.as11x•.,jd..c.1\i,lFp~rscn1al'!i,2Fskulick':•;,5
Fsouthmimnill%5Fgov'!,;,2FDocumcnts%2FARPM'u21l.\rur~~ml~llN'!•:,20.uul''.•:,]JII >ocs&tta-l
2.1.2. Title VI Req11ireme11/s. Contractor acknowledges that the City has ce11ified
compliance with Title VI of the Civil Rights Act of 1964 lo the U.S. Department of the
Treasury on the form incorporated herein as ARPA Exhibit 7. Towards that end, Contractor
shall ensure that performnnce of work in connection with this Agreement complies with the
certifications and requirements contained in ARPA Exhibit 7 and shall also adhere to the
following provisions:
(I) The Contractor and its subcontractors, successors, transferees, and assignees shall
comply with Title Vl of the Civil Rights Act of 1964, which prohibits recipients of
federal financial assistance from excluding from a program or activity, denying benefits
of, or othe1wise discriminating against a pe1·s011 on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR Pa11 22, which are herein incorporated by reference and
made a pai1 of this Agreement. Title VI also includes protection to persons with
"Limited English Prnficiency" in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasmy's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this Agreement.
City of South Miami, FL Page 2 of12
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor
shall undet1ake an active program of nondiscrimination in its administration of the
Work under this Agreement.
2.1.3. Americans will, Disabilities Act Requireme11ts. The Contractor agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transpot1ation, State and Local government services,
and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 360 I), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Agreement.
2.1.4. Age Discrimi11atio11 Act o{/975. Conlractor shall comply with the requirements of
42 U.S.C. §§ 610 l et seq., as amended, and the Treasury's implementing regulations (31 CFR
Pat123), which prohibits the discrimination on the basis of age in programs or activities under
this Agreement.
2.1.5. Proleclions for Whisl/eb/owers.
(l) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
othe1wise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contmct or grant, a
substantial and specific danger to public health or safety, or a violation of law, mle, or
regulation related to a federal contract (including the competition for or negotiation of
a contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i. A Member of Congress or a representative of a committee of Congress.
ii. An Inspector General
iii. The Government Accountability Office.
iv. A Federal emp]oyee responsible for contract or grant oversight or
management at the relevant agency.
v. An authorized official of the Department of Justice or other law
enforcement agency.
vi. A court or grand jury.
vii. A management otlicial or other employee of the Contractor, subcontractor,
the State of Florida, or the City who has the responsibility to investigate, discover,
or address misconduct.
City or South Miami, FL Page3 of 12
(3) The Contrnctor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
2.1.6. Compliance with lm111igratio11 anti Nationalitv Act (INA). Contractor hereby
ce11ifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")].
2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor
shall adopt and enforce policies or programs that require employees to use scat belts while
operating or trave1ing on vehicles owned, rented, or personally owned by the Contractor and
its employees while pc1fonning the Work.
2.1.8. Texling While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Contractor shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted dtivers.
2.1.9. PubHcatio11. Contractor shall obtain approval from the City in writing prior to
issuing any publications in connection with this Agreement. If approved by the City, the
Contractor shall include the following language in any and all pub1ications issued:
"This Project is [being funded/wus suppo1·ted) in purl by federal award number
(FAIN) (Insert Proiect FAIN) awarded to City of South Miami by the U.S.
Department of the Treasury."
2.1.10. Reporting Conflict oflnterests. Contractor agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any
potential conflicts of interest affecting the use of funds awarded under the American
Rescue Plan Act in accordance with 2 CFR 200.112.
2.2. Compliance with Unifo.-m Administ1·ativc Requirements, Cost P1inciples, and
Audit Requirements for Fedel'lll Awm·ds (2 CFR Part 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CPR Part 200, including, but not limited to:
2.2.1. Equal Emplovme11t Opporhmitv Compliance. During the performance of this
Agreement, the Conb·actor agrees as follows:
( 1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative aclion to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, bul not be limited to the following:
a. Employment, upgrading, demotion, or h·ansfer; recntitmcnt or recrnitment
advertising;
City of South Miami, FL Page4 of12
b. layoff or termination;
c. rates of pay or other forms of compensation; and
d. selection fol' training, including apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The Contractor will, in all solicitations or adve11iscmcnts for employees placed by or
on behalf of the Contractol', state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applica11t has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants lo individuals who do not
othe1wise have access to such information, unless such disclosure is in l'esponse to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including nn investigation conducted by the employer, or is consistent with the
Contractor's legal duly to furnish information.
(4) The Contractor will send to each lnbor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contracto1Js
commitments under this section, and shall post copies of the notice in conspicuous
places available lo employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September.
24, 1965, and of the mies, regulations, and relevant orders of the U.S. Secretary of
Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such mies, regulations, and orders.
(7) In the event of the Contractor1s noncompliance with the nondiscrimination clauses of
this contract or with any of the snid 111lcs, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in parl and the Contractor may be
declared ineligible for further Govcmmcnl contracts or federally assisted construction
contracts in accordance with procedures nuthorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
City of South Miami, FL Pages of12
as provided in Executive Order 11246 of September 24, 1965, or by rnle, regulation,
or order of the U.S. Secretary of Labor, or as olheiwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive O1·der 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct us a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
2.2.2. Contract Work Hours and Sa/cm 1 Standards Act Complia11ce. During the
performance of this Agreement, the Contractor shall comply with the provisions of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as
follows:
(l) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or
mechanics shall require or pennit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation al a rate not less
than one and one-halftimes the basic rate of pay for all hours worked in excess offo11y
hours in such workweek.
(2) Violation; liability.for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (I) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States, for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph ( 1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of f011y hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
(3) Withl,o/ding.for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the U.S. Department
of Labor withhold 01· cause to he withheld, from any moneys payable on account of
work performed by the Contractor or subconlmctor under any such contract or any
other Federal contract with the same Contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same Conh·actor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set fo11h in paragraph (2) of this section.
City of South Miami, FL Page6of12
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph ( 1) through ( 4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (I) through (4) of this section.
2.2.3. Clean Air Act Compliance. During the performance of this Agreement, the
Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 740 l et seq., as
amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 740 l ct seq.
(2) The Contractor agrees to rep01i each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$ I 00,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.4. Federal Water Pollutio11 Control Act Compliance. During the perfom1ance of this
Agreement, the Contractor shall comply with the provisions of Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
( 1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in tum, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.5. Debarment and Suspension Comp/ia11ce. During the performance of this
Agreement, the Contractor wanants that Contractor or its subcontractors are not debarred,
suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and
12689. Contractor shall comply with the following provisions:
(I) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § I 80.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
City of South Miami, Fl Page 7 of 12
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpatt C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpatt C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(4) The Contractor agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpatt C throughout the period of this Agreement. The
Contractor further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
(5) Contractor certifies that they:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
depa11ment or agency;
ii. Have not, within a five (5)-yenr period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or perfonning a public (Federal,
State or Local) transaction or contract under pub I ic transaction; violation of Federal
or State antitmst statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destmction of records, making false statements, or receiving stolen
property.
iii. Arc not presently indicted or othc1wisc criminally or civilly charged by a
governmental entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Contractor is unable to obtain and provide such certification, then the Contractor
shall attach an explanation to this Agreement as to why not.
2.2.6. Byrd A11ti-Lobbvi11g Amendment (3/ U.S.C. ❖' 1352. as amended). During the
perfonnance of this Agreement, the Contractor and its subcontractors shall comply with the
provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Contractor represents and warrants as follows:
( l) No Funds received by the Contractor under this Agreement have been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any ngency, n member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
City of South Miami, Fl Page 8 of 12
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any monies, other than Funds received by Contractor under this Agreement, have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, n Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Contractor shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions.
(3) The Contractor shall require that this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all such sub-recipients shall certify
and disclose accordingly.
( 4) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2.2.7. Copeland "Anti-Kickback" Act. During the performance of this Agreement, the
Contractor and its subcontractors shnll comply with the provisions of the Copeland "Anti-
Kickback" Act as follows:
(1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by
reference into this Agreement.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instmctions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tie1· subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for te11uination of this
Agreement, and for clebmmcnt as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
2.2.8. Procurement o(Recovered Materials. Contractor shall comply with the provisions
of2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in
the perfom1ance of this Agreement, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items, unless the product cannot be
acquired: (1) competitively within u timefrnme providing for compliance with the contract
perfonnance schedule; (2) meeting contract performance requirements; or (3) at a reasonable
price.
Clly or South Miami, FL Page 9 of 12
Information about this requirement, along with the list of EPA-designated items, is available
at EPA 's Comprehensive Procurement Guidelines web site,
hllps:i/www.cpa.gov/smmicomprchcnsivcproeurcmcnt-guidclinc-cpg-progrnm.
2.2.9. Domestic Preferences for Procurements. To the greatest extent practicable,
Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States, in accordance with 2 CFR
200.322, "Domestic preferences for procurements."
2.2.10. 2 CFR Subpart F -Audit Requirements. Contractor shall assist the City in
complying with the audit requirements under 2 CFR Subpart F -Audit Requirements ("Federal
Audit Provisions,,) and the reporting requirements of the U.S. Department of the Treasury's
Final Rule, as amended, and other guidelines issued in connection with the Ameiican Rescue
Plan Act.
(1) Contractor shall assist the City in complying with the Federal Audit Provisions by
providing the City, the State of Florida, the U.S. Department of the Treasury, the
Treasury Office of the Inspector General, the Government Accountability Office, or
other federal government entities, and any of their duly authorized representatives,
access to personnel, accounts, books, records, supporting documentation, and other
infonnation relating to the pcrfonnance of the Agreement or the Work
("Documentation") necessary to complete fedeml audits. Contractor shall promptly
assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Contractor shall keep all Documentation up-lo-date throughout the perfom1ance of this
Agreement and the Work. Contractor shall provide the City with all Documentation for
each fiscal year by October l of each year or within five days of the completion of the
Work, whichever occurs first. Contractor shall assist the City in complying with
additional guidance and instrnctions issued by the U.S. Department of the Treasury
governing the reporting requirements for the use of American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds.
3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the te1111s
and provisions of this Addendum and the tel'ms and provisions of the Agreement, the terms
and provisions of this Addendum shall control.
4. Agreement Ratified. Except as othetwise specifically set forth or modified herein, all terms
in the Agreement arc hereby ratified and affinncd and shall remain unmodified and in full
force and effect in accordance with its tenns.
5. Defined Terms. All initial capitalized tenns used in this Addendum but not otherwise defined
herein shall have the same meaning ascribed thereto in the Agreement.
6. Counterparts. This Addendum may be executed in counterparts, each of which shall be
deemed an original, bul nil of which, when taken together, shall constitute one and the same
City of South Miami, Fl Page lOof 12
instrument. An executed facsimile or electronic copy of this Addendum shall have the same
force and effect as an original hereof.
[Remainder of page intentionally left blank. Signature pages follow.]
City of South Miami, FL Page11of12
IN WITNESS WHEltEOF, the parties her eto have caused this Addendum to be executed the day and yearns first
stat etl above.
By: --~~:::::::===::=::t=;t~b,L-/--
Genaro "Chi /' I
City Manager
Attest:
By:_~~--llf...--'1-..+----------
Nkenga"
City Clerk
Approved as to form and le ga l sufficiency:
,--~:----~--? I r,
By: .l , /'.I A,!.J.>.,;t.-,) ·-------
WeissSerb,ta'Heifman Cofc & Biennan, P.L.
Ci ty Attorriey
Addresses for Notice:
Genaro "Chip" Iglesias
City of South Miami
Attn: City Mana ger
6 I 30 Sunset Drive
South Miami , FL 33143
305 -668-2 5 l O (telephon e)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to :
We iss Sero ta He lfman Cole & Bierman, P.L.
Attn: Lillian Arango, Es q.
City of Sou th Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
laran go@wsh-law.com ( email)
City of So uth M iam i, Fl
TOMKA LLC
By: -=-r:;M \)_J::;,.
Name: J. u \ tvb
Title: (__06 -a,...)\'J"l...!"" \2.
Entity: To'-""' \)..,r::,.
Addresses for Notice:
TOMKA, LL C c/o Julio Torres
8200 NW 41 s t Street Ste 200
Miam i Fl 331 66
__ 78'--6'--3-'-9--'9_-2_0--'5_2 ______ (te lep hon e )
---,--,--=-o--·-,--=------<facsi mil e)
_a_d_m_in~@~t_o_m_k_a_fl_.c_o_m ____ (email)
With a copy to:
____________ (.tele phone)
____________ (facsimile)
____________ (e mail)
Paee 12 of 12
Page 1 of 19
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made effective as of the
day of , 2024 (the “Effective Date”), by and between the
CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation (hereinafter referred to
as "City"), and TOMKA LLC, a Florida limited liability company, (hereinafter, the
“Contractor”).
WHEREAS, the City desires certain is in need perimeter fencing along the main athletic
field and basketball court at Murray Park (the “Project”) as the existing fencing is in disrepair
and in need of replacement; and
WHEREAS, the Contractor will perform services on behalf of the City, all as further set
forth in the Quote, attached hereto as Exhibit “A” (the “Quote”); and
WHEREAS, the Contractor and City, through mutual negotiation, have agreed upon a
fee for construction of the Project in the amount of $24,761; and
WHEREAS, the City desires to engage the Contractor to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the Contractor and the City agree as follows:
ARTICLE 1
SCOPE OF WORK
1.1 Contractor hereby agrees to furnish all of the labor, materials, equipment, services and
incidentals necessary to perform all of the work described in the Contract Documents (the
“Work” or the “Project”) including, without limitation as described in the approved plans,
drawings and/or specifications for the following Project:
MURRAY PARK FENCE REPLACEMENT PROJECT
and in accordance with the Quote attached hereto as Exhibit “A.”
ARTICLE 2
CONTRACT TIME
2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a
Notice to Proceed providing a commencement date and issued by the City Engineer. The
Notice to Proceed will not be issued until Contractor's submission to City of all required
documents and after execution of this Contract.
6
2 of 19
2.2 Time is of the essence throughout this Contract. The Contractor shall prosecute the Work
with faithfulness and diligence and the Work shall be substantially completed within thirty
(30) calendar days from the date specified in the Notice to Proceed (“Substantial
Completion”). Substantial Completion shall be defined for this purpose as the date on which
City receives beneficial use of the Project. The Work shall be fully completed in accord
with the Contract Documents within fifteen (15) calendar days from the date certified by the
City as the date of Substantial Completion (‘Final Completion”) and on the date agreed to
by the Citywhen all Work has been completed in accordance with the Contract Documents.
2.3 Upon failure of Contractor to substantially complete the Contract within the specified period
of time, Contractor shall pay to City the sum of Two Hundred Dollars ($200.00) for each
calendar day after the time specified in Section 2.2 above for Substantial Completion. After
Substantial Completion, should Contractor fail to complete the remaining Work within the
time specified in Section 2.2 above for final completion and readiness for final payment,
Contractor shall pay to City the sum of Two Hundred Dollars ($200.00) for each calendar
day after the time specified in Section 2.2 for final completion and readiness for final
payment. These amounts are not penalties but are liquidated damages payable by Contractor
to Cityfor the failure to provide full beneficial occupancy and use of the Project as required.
Liquidated damages are hereby fixed and agreed upon between the parties who hereby
acknowledge the difficulty of determining the amount of damages that will be sustained by
City as a consequence of Contractor’s delay and failure of Contractor to complete the
Contract on time. The above-stated liquidated damages shall apply separately to each phase
of the Project for which a time for completion is given.
2.4 City is authorized to deduct the liquidated damages from monies due to Contractor for the
Work under this Contract. In case the liquidated damage amount due to City by Contractor
exceeds monies due Contractor from City, Contractor shall be liable and shall immediately
upon demand by City pay to Citythe amount of said excess.
ARTICLE 3
CONTRACT PRICE
3.1 Each Pay Application shall include an affidavit or partial release or waiver of lien by
Contractor indicating that partial payments received from CITY for the Work have been
applied by Contractor to discharge in full all of Contractor’s obligations, including
payments to subcontractors and material suppliers. City shall pay to Contractor for the
performance of the Contract, the total lump sum of $24,761 (“Contract Price”). The
Contract Price shall be full compensation for all services, labor, materials, equipment and
costs, including overhead and profit, associated with completion of all the Work in full
conformity with the Contract Documents and adjusted only by written change orders signed
by both parties and approved as required by local law.
City shall make progress payments, deducting the amount from the Contract Price above on the
basis of Contractor’s Applications for Payment on or before twenty (20) days after receipt of
7
3 of 19
the Pay Application. Rejection of a Pay Application by the City shall be within twenty (20)
days after receipt of the Pay Application. Any rejection shall specify the applicable
deficiency and necessary corrective action. Any undisputed portion shall be paid as
specified above. All such payments will be made in accordance with the Schedule of
Values established in the Contract Documents or, in the event there is no Schedule of
Values, as otherwise provided in the Contract Documents. In the event the Contract
Documents do not provide a Schedule of Values or other payment schedule, Applications
for Payment shall be submitted monthly by Contractor on or before the 10th of each month
for the prior month. Progress payments shall be made in an amount equal to the percentage
of Work completed, but, in each case, less the aggregate of payments previously made and
less such amounts as City shall determine or City may withhold taking into account the
aggregate of payments made and the percentage of Project completion in accordance with
the Contract Documents and Schedule of Value, if any. The Contractor agrees that five
percent (5%) of the amount due for each progress payment or Pay Application (the
“Retainage”) shall be retained by City until final completion and acceptance of the Work by
City. In the event there is a dispute between Contractor and City concerning a Pay
Application, dispute resolution procedures shall be conducted by City commencing within
45 days of receipt of the disputed Payment Application. The City shall reach a conclusion
within 15 days thereafter and promptly notify Contractor of the outcome, including
payment, if applicable.
3.2 The payment of any Application for Payment by City, including the final request
for payment, does not constitute approval or acceptance by City of any item of the Work
reflected in such Application for Payment, nor shall it be construed as a waiver of any of
the City’s rights hereunder or at law or in equity.
3.3 Upon Final Completion of the Work by Contractor in accordance with the Contract
Documents and acceptance by the City, and upon receipt of consent by any surety, City
shall pay the remainder of the Contract Price and Retainage as recommended by the
City’s Project Consultant. Final payment is contingent upon receipt by City from
Contractor of at least one complete set of as-built plans, reflecting an accurate depiction
of Contractor’s Work.
3.4 This Contract is subject to the condition precedents that: (i) City funds are available and
budgeted for the Contract Price; (ii) the City secures and obtains any necessary grants or
loans for the accomplishment of this Project pursuant to any borrowing legislation adopted
by the City Council relative to the Project; and (iii) City Council enacts legislation which
awards and authorizes the execution of this Contract, if such is required.
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ARTICLE 4
CONTRACT DOCUMENTS
4.1 The Contract Documents, which comprise the entire agreement between the City and the
Contractor concerning the Work, consist of this Contract for Construction (including any
change orders and amendments thereto), any and all drawings, plans and specifications
approved by City (including the Plans), the bidding documents or procurement documents
for the Project, the Contractor’s bid or proposal for the Project, the Bonds (defined herein),
Insurance Certificates, the Notice of Award, and the Notice to Proceed, all of which are
deemed incorporated into and made a part of this Contract by this reference and govern this
Project. In the event of any conflict among the foregoing, the documents shall govern in the
order listed herein. Contractor is reminded and hereby recognizes that all Work under this
Contract must comply with all applicable federal, state and local law. Any mandatory
clauses which are required by applicable law shall be deemed to be incorporated herein.
4.2 This Contract incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements, or understandings concerning
the subject matter of these Contract Documents that are not contained herein. Accordingly
it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
4.3 The Contract Documents shall remain the property of the City. The Contractor shall have
the right to keep one record set of the Contract Documents upon completion of the Project;
however in no circumstances shall the Contractor use, or permit to be used, any or all of
such Contract Documents on other projects without the City's prior written authorization.
ARTICLE 5
INDEMNIFICATION
5.1 Contractor shall defend, indemnify, and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, including legal fees and costs and through appeal,
arising out of or, related to, or in any way connected with Contractor’s performance or
non-performance of this Contract or with Contractor’s obligations or the Work related to
the Contract, including by reason of any damage to property, or bodily injury or death
incurred or sustained by any party. Contractor shall defend, indemnify, and hold the City
harmless from all losses, injuries or damages and wages or overtime compensation due its
employees in rendering services pursuant to this Contract, including payment of
reasonable attorneys’ fees and costs in the defense of any claim made under the Fair
Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act, the Americans with Disabilities Act or any employment related
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litigation or worker’s compensation claims under federal or state law. The provisions of
this section shall survive termination of this Contract.
ARTICLE 6
INSURANCE AND BONDS
6.1 Insurance. Contractor shall secure and maintain throughout the duration of this Contract
insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm
rated A-X or better by Bests Rating and qualified to do business in the State of Florida.
Certificates of Insurance shall be provided to the City, reflecting the City as an
Additional Insured, no later than ten (10) days after award of this Contract and prior to
the execution of this Contract by City and prior to commencing any Work. Each
certificate shall include no less than (30) thirty-day advance written notice to City prior to
cancellation, termination, or material alteration of said policies or insurance. The
insurance coverage shall be primary insurance with respect to the City, its officials,
employees, agents and volunteers naming the City as additional insured. Any insurance
maintained by the City shall be in excess of the Contractor’s insurance and shall not
contribute to the Contractor’s insurance. The insurance coverages shall include at a
minimum the amounts set forth in this Section 6.1.
(a)Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to property under the care,
custody and control of Contractor. The General Aggregate Liability limit (except for
Products/Completed Operations) shall be in the amount of $2,000,000.
(b)Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Contractor shall be allowed to
provide Work pursuant to this Contract who is not covered by Worker’s Compensation
insurance.
(c)Business Automobile Liability with minimum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage
must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include Owned, Hired, and Non-Owned Vehicles.
(d)Contractor acknowledges that it shall bear the full risk of loss for any portion of
the Work damaged, destroyed, lost or stolen until Final Completion has been achieved for
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the Project, and all such Work shall be fully restored by the Contractor, at its sole cost
and expense, in accordance with the Contract Documents.
(e)Certificate of Insurance. On or before the Effective Date of this Contract, the
Contractor shall provide the City with Certificates of Insurance for all required policies.
The Contractor shall be responsible for assuring that the insurance certificates required by
this Section remain in full force and effect for the duration of this Contract, including any
extensions or renewals that may be granted by the City. The Certificates of Insurance
shall not only name the types of policy(ies) provided, but also shall refer specifically to
this Contract and shall state that such insurance is as required by this Contract. The City
reserves the right to inspect and return a certified copy of such policies, upon written
request by the City. If a policy is due to expire prior to the completion of the Work,
renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the
date of their policy expiration. Each policy certificate shall be endorsed with a provision
that not less than thirty (30) calendar days’ written notice shall be provided to the City
before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s)
is subject to approval of the City.
(f)Additional Insured.The City is to be specifically included as an Additional
Insured for the liability of the City resulting from Work performed by or on behalf of the
Contractor in performance of this Contract. The Contractor’s insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to the
Contractor’s insurance. The Contractor’s insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance
shall apply to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
(g)Deductibles.All deductibles or self-insured retentions must be declared to and
be reasonably approved by the City. The Contractor shall be responsible for the payment
of any deductible or self-insured retentions in the event of any claim.
(h)The provisions of this section shall survive termination of this Contract.
1.1. Bonds.Prior to performing any portion of the Work the Contractor shall deliver to
City the Bonds required to be provided by Contractor hereunder (the bonds referenced in
this Section are collectively referred to herein as the “Bonds”). Pursuant to and in
accordance with Section 255.05, Florida Statutes, the Contractor shall obtain and thereafter
at all times during the performance of the Work maintain a separate performance bond and
labor and material payment bond for the Work, each in an amount equal to one hundred
percent (100%) of the Contract Price and each in the form provided in the Contract
Documents or in other form satisfactory to and approved in writing by City and executed
by a surety of recognized standing with a rating of B plus or better for bonds up to Two
Million Dollars. The surety providing such Bonds must be licensed, authorized and
admitted to do business in the State of Florida and must be listed in the Federal Register
(Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in
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the Contract Price. If notice of any change affecting the Scope of the Work, the Contract
Price, Contract Time or any of the provisions of the Contract Documents is required by the
provisions of any bond to be given to a surety, the giving of any such notice shall be
Contractor’s sole responsibility, and the amount of each applicable bond shall be adjusted
accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do
business in Florida is terminated or it ceases to meet applicable law or regulations, the
Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds
as applicable) and surety, all of which must be satisfactory to City. As authorized by
Section 255.05(1)(a), Florida Statutes, if this Project is exempt from posting of a payment
and performance bond, the City shall select this box: ☐.
ARTICLE 7
CONTRACTOR’S REPRESENTATIONS AND WARRANTIES
In order to induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7.1 Contractor Represents the following:
7.1.1 Contractor has examined and carefully studied the Contract Documents and the
other data identified in the bidding documents, including, without limitation, the
“technical data” and plans and specifications and the Plans.
7.1.2 Contractor has visited the Project site and become familiar with and is satisfied as
to the general and local conditions and site conditions that may affect cost, progress,
performance or furnishing of the Work.
7.1.3 Contractor is familiar with and is satisfied as to all federal, state and local laws,
regulations and permits that may affect cost, progress, performance and furnishing of the
Work. Contractor agrees that it will at all times comply with all requirements of the
foregoing laws, regulations and permits.
7.1.4 Contractor has made, or caused to be made, examinations, investigations, tests
and/or studies as necessary to determine surface and subsurface conditions at or on the
site. Contractor acknowledges that the City does not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Contract
Documents with respect to underground or ground facilities at, contiguous or near the site
or for existing improvements at or near the site. Contractor has obtained and carefully
studied (or assumes responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions
(surface, subsurface and underground facilities and improvements) at, contiguous or near
to the site or otherwise which may affect cost, progress, performance or furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences and
procedures of construction to be employed by Contractor and safety precautions and
programs incident thereto. Contractor does not consider that any additional
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examinations, investigations, explorations, tests, studies or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions of the Contract Documents.
7.1.5 Contractor is aware of the general nature of Work to be performed by the City and
others at the site that relates to the Work as indicated in the Contract Documents.
7.1.6 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.
7.1.7 Contractor has given City written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to Contactor, and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
7.1.8 The Contractor agrees and represents that it possesses the requisite skills to
perform the Work and that the Work shall be executed in a good and workmanlike
manner, free from defects, and that all materials shall be new and approved by or
acceptable to City, except as otherwise expressly provided for in the Contract
Documents. The Contractor shall cause all materials and other parts of the Work to be
readily available as and when required or needed for or in connection with the
construction, furnishing and equipping of the Project.
7.2 Contractor warrants the following:
7.2.1 Anti-Discrimination: Contractor agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or
service under this Contract because of race, color, religion, sex, national origin, or
physical or mental handicap where the handicap does not affect the ability of an
individual to perform in a position of employment, and agrees to abide by all federal and
state laws regarding non-discrimination.
7.2.2 Anti-Kickback: Contractor warrants that no person has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, and that no employee or officer of
the City has any interest, financially or otherwise, in the Project. For breach or violation
of this warranty, the City shall have the right to annul this Contract without liability or, in
its discretion, to deduct from the Contract Price or consideration, the full amount of such
commission, percentage, brokerage or contingent fee.
7.2.3 Licensing and Permits: Contractor warrants that it shall have, prior to
commencement of Work under this Contract and at all times during said Work, all
required licenses and permits whether federal, state, County or City. Contractor
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acknowledges that it is the obligation of Contractor to obtain all licenses and permits
required for this Project.
ARTICLE 8
DEFAULT AND TERMINATION
8.1 If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt completion of the
Work within the Contract Time as specified in Article 2, or shall perform the Work
unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to
perform any material term set forth in the Contract Documents or if Contractor shall become
insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause whatsoever shall
not carry on the Work in an acceptable manner, City may, upon seven (7) days written
Notice of Termination, terminate the services of Contractor, exclude Contractor from the
Project site, provide for alternate prosecution of the Work, appropriate or use any or all
materials and equipment on the Project site as may be suitable and acceptable, and may
finish the Work by whatever methods it may deem expedient. In such case Contractor shall
not be entitled to receive any further payment until the Project is completed. All damages,
costs and charges incurred by City, together with the costs of completing the Project, shall
be deducted from any monies due or which may become due to Contractor. In case the
damages and expenses so incurred by City shall exceed monies due Contractor from City,
Contractor shall be liable and shall pay to City the amount of said excess promptly upon
demand therefore by City. In the event it is adjudicated that City was not entitled to
terminate the Contract as described hereunder for default, the Contract shall automatically
be deemed terminated by Cityfor convenience as described below.
8.2 This Contract may be terminated by the City for convenience upon seven (7) calendar
days’ written notice to the Contractor. In the event of such a termination, the Contractor
shall incur no further obligations in connection with the Project and shall, to the extent
possible, terminate any outstanding subcontractor obligations. The Contractor shall be
compensated for all services performed to the satisfaction of the City. In such event, the
Contractor shall promptly submit to the City its Application for Payment for final
payment which shall comply with the provisions of the Contract Documents.
ARTICLE 9
MISCELLANEOUS
9.1 No Assignment.
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Neither party shall assign the Contract or any sub-contract in whole or in part without the written
consent of the other, nor shall Contractor assign any monies due or to become due to it
hereunder, without the previous written consent of the City.
9.2 Contractor's Responsibility for Damages and Accidents:
9.2.1 Contractor shall accept full responsibility for the Work against all loss or damage of
any nature sustained until final acceptance by City, and shall promptly repair any damage
done from any cause.
9.2.2 Contractor shall be responsible for all materials, equipment and supplies pertaining
to the Project. In the event any such materials, equipment and supplies are lost, stolen,
damaged or destroyed prior to final acceptance by City, Contractor shall replace same
without cost to City.
9.3 Defective Work. Warranty and Guarantee:
9.3.1 City shall have the authority to reject or disapprove Work which the City finds to be
defective. If required by the City, Contractor shall promptly either correct all defective
Work or remove such defective Work and replace it with nondefective Work. Contractor
shall bear all direct, indirect and consequential costs of such removal or corrections
including cost of testing laboratories and personnel.
9.3.2 Should Contractor fail or refuse to remove or correct any defective Work or to make
any necessary repairs in accordance with the requirements of the Contract Documents
within the time indicated in writing by City's Engineer, City shall have the authority to cause
the defective Work to be removed or corrected, or make such repairs as may be necessary at
Contractor's expense. Any expense incurred by City in making such removals, corrections
or repairs, shall be paid for out of any monies due or which may become due to Contractor.
In the event of failure of Contractor to make all necessary repairs promptly and fully, City
may declare Contractor in default.
9.3.3 The Contractor shall unconditionally warrant and guarantee all materials and
equipment furnished and Work performed for a period of one (1) year from the date of
substantial completion. If, within one (1) year after the date of substantial completion, any
of the Work is found to be defective or not in accordance with the Contract Documents,
Contractor, after receipt of written notice from City, shall promptly correct such defective or
nonconforming Work within the time specified by City without cost to City. Nothing
contained herein shall be construed to establish a period of limitation with respect to any
other obligation which Contractor might have under the Contract Documents including but
not limited to any claim regarding latent defects. Contractor shall provide and assign to City
all material and equipment warranties upon completion of the Work hereunder.
9.3.4 Failure to reject any defective Work or material shall not in any way prevent later
rejection when such defect is discovered.
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9.4 Legal Restrictions and Hours of Work.
Contractor shall conform to and obey all applicable laws, regulations, or ordinances with
regard to labor employed, hours of Work and Contractor's general operations. Contractor
shall conduct its operations so as not to interfere with or close any thoroughfare, without the
written consent of the City or governing jurisdiction. Work is anticipated to be performed
Monday through Friday in accordance with the requirements and limitations of applicable
law. Unless authorized by the City otherwise, the Contractor shall not perform Work
beyond the time and days provided above without the prior written approval of the City.
9.5 Ownership and Access to Records and Audits.
9.5.1 Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the City which are conceived, developed or made by Contractor during the term of this
Agreement (“Work Product”) belong to the City. Contractor shall promptly disclose such
Work Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
9.5.2 Contractor agrees to keep and maintain public records in Contractor’s possession
or control in connection with Contractor’s performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of
three (3) years from the date of termination of this Agreement, have access to and the
right to examine and audit any records of the Contractor involving transactions related to
this Agreement. Contractor additionally agrees to comply specifically with the
provisions of Section 119.0701, Florida Statutes. Contractor shall 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
Agreement, and following completion of the Agreement until the records are transferred
to the City.
9.5.3 Upon request from the City’s custodian of public records, Contractor shall
provide the City 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 by
Chapter 119, Florida Statutes, or as otherwise provided by law.
9.5.4 Unless otherwise provided by law, any and all records, including but not limited
to reports, surveys, and other data and documents provided or created in connection with
this Agreement are and shall remain the property of the City.
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9.5.5 Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Contractor
shall be delivered by the Contractor to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Contractor shall be delivered to
the City in a format that is compatible with the City’s information technology systems.
Once the public records have been delivered upon completion or termination of this
Agreement, the Contractor shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
9.5.6 Any compensation due to Contractor shall be withheld until all records are
received as provided herein.
9.5.7 Contractor’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
9.5.8 Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.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 AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address:6130 Sunset Drive
South Miami, FL 33143
Telephone number:305-663-6340
Email:NPayne@southmiamifl.gov
9.6 No Damages for Delay:
No claim for damages or any claim, other than for an extension of time shall be made or
asserted against City by reason of any delays. Contractor shall not be entitled to an increase in
the Contract Price or payment or compensation of any kind from City for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to, costs of
acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether or not
caused by City. Contractor shall be entitled only to extensions of the Contract Time as the sole
and exclusive remedy for such resulting delay. Notwithstanding the above Contractor may be
granted an extension of time and suspension of liquidated damages for any delay beyond the
control of the Contractor. Should any delay, disruption, interference or hindrance be
intentionally caused by the City, for a continuous period or cumulative period of thirty (30) days,
the Contractor may terminate the Contract upon seven days written notice to the City.
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9.7 Authorized Representative.
9.7.1 Before commencing the Work, Contractor shall designate a competent, authorized
representative (“Authorized Representative”) acceptable to City to represent and act for
Contractor and shall inform City, in writing, of the name and address of such
representative together with a clear definition of the scope of his authority to represent
and act for Contractor. Contractor shall keep City informed of any subsequent changes in
the foregoing. Such representative shall be present or duly represented at the Project site
at all times when Work is actually in progress. All notices, determinations, instructions
and other communications given to the authorized representatives of Contractor shall be
binding upon the Contractor.
9.7.2 The Authorized Representative, project Citys, superintendents and supervisors for
the Project are all subject to prior and continuous approval of City. If, at any time during
the term of this Contract, any of the personnel either functionally or nominally
performing any of the positions named above, are, for any reasonable cause whatsoever,
unacceptable to City, Contractor shall replace the unacceptable personnel with personnel
acceptable to City.
9.8 Taxes.
Contractor shall pay all taxes, levies, duties and assessments of every nature which may
be applicable to any Work under this Contract. The Contract Price and any agreed variations
thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make
any and all payroll deductions required by law. Contractor herein indemnifies and holds Owner
harmless from any liability on account of any and all such taxes, levies, duties and assessments.
9.9 Utilities.
Contractor shall, at its expense, locate all utilities in the Work area, in accordance with all
requirements of applicable law. Contractor shall further arrange for, develop and maintain all
utilities at the Project to perform the Work and meet the requirements of this Contract. Such
utilities shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of
the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all temporary
utilities developed to meet the requirements of this Contract.
9.10 Safety.
Contractor shall be fully and solely responsible for safety and conducting all operations
under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons
and damage to property. Contractor shall continually and diligently inspect all Work, materials
and equipment to discover any conditions which might involve such risks and shall be solely
responsible for discovery and correction of any such conditions. Contractor shall have sole
responsibility for implementing its safety program. City shall not be responsible for supervising
the implementation of Contractor's safety program, and shall not have responsibility for the
safety of Contractor's or its subContractor's employees. Contractor shall maintain all portions of
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the Project site and Work in a neat, clean and sanitary condition at all times. Contractor shall
assure that subContractors performing Work comply with the foregoing safety requirements.
9.11 Cleaning Up.
Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean and safe
condition. Upon completion of any portion of the Work, Contractor shall promptly remove all of
its equipment, construction materials, temporary structures and surplus materials not to be used
at or near the same location during later stages of Work. Upon completion of the Work and
before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all
rubbish, unused materials and other equipment and materials belonging to it or used in the
performance of the Work and Contractor shall leave the Project in a neat, clean and safe
condition. In the event of Contractor's failure to comply with the foregoing, the same may be
accomplished by City at Contractor's expense.
9.12 Rights and Remedies.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder and in accordance with this Contract shall be in addition to and
not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by
law.
9.13 Public Entity Crimes Affidavit
Contractor shall comply with Section 287.133, Florida Statutes, (Public Entity Crimes
Statute) notification of which is hereby incorporated herein by reference, including execution of any
required affidavit.
9.14 Capitalized Terms.
Capitalized terms shall have their plain meaning as indicated herein.
9.15 Independent Contractor.
The Contractor is an independent Contractor under the Contract. This Contract does not
create any partnership nor joint venture. Services provided by the Contractor shall be by employees
of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or
agents of the City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures, applicable to
services rendered under the Contract shall be those of the Contractor.
9.16 Payment to Sub-Contractors.
Certification of Payment to SubContractors: The term “subContractor”, as used herein,
includes persons or firms furnishing labor, materials or equipment incorporated into or to be
incorporated into the Work or Project. The Contractor is required to pay all subContractors for
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satisfactory performance of their contracts as a condition precedent to payment to Contractor by the
City. The Contractor shall also return all retainage withheld to the subContractors within 30 days
after the subContractor’s work is satisfactorily complete and accepted by the City.
9.17 Liens.
Contractor shall not permit any mechanic’s, laborer’s or materialmen’s lien to be filed
against the Project site or any part thereof by reason of any Work, labor, services or materials
supplied or claimed to have been supplied to the Project. In the event such a lien is found or
claimed against the Project, Contractor shall within ten (10) days after notice of the lien
discharge the lien or liens and cause a satisfaction of such lien to be recorded in the public
records of Miami-Dade County, Florida, or cause such lien to be transferred to a bond, or post a
bond sufficient to cause the Clerk of the Circuit Court of Miami-Dade County, Florida, to
discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge
or bond the lien or liens within such period as required above, City shall thereafter have the right,
but not the obligation, to discharge or bond the lien or liens. Additionally, City shall thereafter
have the right, but not the obligation, to retain out of any payment then due or to become due
Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay City’s
reasonable attorneys' fees and costs incurred in connection therewith.
9.18 Governing Law.
This Contract shall be construed in accordance with and governed by the laws of the State of
Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in Miami-
Dade County, Florida.
9.19 Waiver of Jury Trial.
City and Contractor knowingly, irrevocably, voluntarily and intentionally waive any right
either may have to a trial by jury in State and or Federal court proceedings in respect to any action,
proceeding, lawsuit or counterclaim based upon the Contract for Construction, arising out of, under,
or in connection with the Construction of the Work, or any course of conduct, course of dealing,
statements or actions or inactions of any party.
9.20 Prevailing Party; Attorneys' Fees.
In the event of any controversy, claim, dispute or litigation between the parties arising from
or relating to this Contract (including, but not limited to, the enforcement of any indemnity
provisions), the prevailing party shall be entitled to recover reasonable costs, expenses and
attorneys' fees including, but not limited to, court costs and other expenses through all appellate
levels.
9.21 Notices/Authorized Representatives.
Any notices required by this Contract shall be in writing and shall be deemed to have been
properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid
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return receipt requested, or by a private postal service, addressed to the parties (or their successors)
at the addresses listed on the signature page of this Contract or such other address as the party may
have designated byproper notice.
ARTICLE 10
SPECIAL CONDITIONS
10.1 The following provisions supersede any provisions contained in this Contract only to the
extent of any conflict with same. These provisions are particular to a given transaction
and are transaction specific: None
10.2 American Rescue Plan Act Contract Conditions.The Contractor acknowledges that
the Work may be fully or partially funded utilizing Coronavirus State and Local Fiscal
Recovery Funds allocated to the City pursuant to the American Rescue Plan Act
(“ARPA”). Towards that end, the Contractor shall be required to comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the
ARPA Contract Conditions. If compliance with the ARPA Addendum is required, the
City shall select this box: ⾙.
[Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows.]
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E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work
authorization status of all newly hired employees. The City will not enter into a contract unless
each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions
on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please
visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-
verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
☐Check here to confirm proof of enrollment in E-Verify has been attached to this
Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
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) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
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Page 18 of 19
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
CONTRACTOR
By:
Name:
Title:
Entity:
Addresses for Notice:
(Telephone)
(Facsimile)
(Email)
With a copy to:
(Telephone)
(Facsimile)
(Email)
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Page 19 of 19
EXHIBIT A
The Scope of Services are those contained in the Proposal dated ________________, attached
hereto and incorporated herein by reference.
OR
The Scope of Services set forth herein shall collectively be referred to as the “Services.”
Specifically, Contractor’s Services shall include, but not be limited to, the following:
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City of South Miami, FL Page 1 of 12
AMERICAN RESCUE PLAN ACT ADDENDUM TO
CONTRACT FOR CONSTRUCTION
BETWEEN
THE CITY OF SOUTH MIAMI
AND
TOMKA LLC
THIS ADDENDUM to the Contract for Construction (the “Addendum”) is entered into as
of the day of , 2022 (the “Effective Date of this Addendum”), by and between the
CITY OF SOUTH MIAMI,a Florida municipal corporation, (the “City”) and TOMKA LLC, a
Florida Limited Liability Company (hereinafter, the “Contractor”). Collectively, the City and the
Contractor are referred to as “Parties.”
WHEREAS, on [DATE], the City entered into a contract for construction
(the “Agreement”) with the Contractor for the Murray Park Fence Replacement Project (the
“Project”), as further defined in the Agreement; and
WHEREAS,on March 11, 2021, the federal government adopted the American Rescue
Plan Act (“ARPA”), which, among other things, provides local governments with emergency
COVID-19 funding; and
WHEREAS,the City desires to utilize ARPA funding to implement the Project; and
WHEREAS,in order to utilize ARPA funding for the Project, the City desires to
incorporate federally required contract provisions relating to ARPA into the Agreement, as set
forth in this ARPA Addendum; and
WHEREAS,the City and Contractor wish to modify the terms of the Agreement in
accordance with the terms and conditions set forth in this ARPA Addendum.
NOW, THEREFORE,for and in consideration of the mutual promises set forth herein,
the City and Contractor agree as follows:
1
1. Recitals Incorporated. The above recitals are true and correct and incorporated herein.
2. American Rescue Plan Act Provisions.The Agreement is hereby amended by adding the
following provisions to the Agreement:
2.1.Mandated Federal Agreement Conditions.
2.1.1.In connection with the performance of this Agreement, Contractor acknowledges
that compensation for the Project services under this Agreement shall be fully or partially
funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the City
pursuant to the American Rescue Plan Act. As such, Contractor shall comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by the American Rescue Plan Act,
1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words.
25
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City of South Miami, FL Page 2 of 12
including, but not limited to the following documents and guidelines, which are incorporated
herein and made a part of this Agreement:
ARPA Exhibit 1.Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200), as applicable and as may
be amended from time to time;
ARPA Exhibit 2.The U.S. Department of the Treasury’s Final Rule governing ARPA, dated
January 27, 2022;
ARPA Exhibit 3.U.S. Department of the Treasury Coronavirus State and Local Fiscal
Recovery Funds Award Terms and Conditions (Assistance Listing Number
21.019);
ARPA Exhibit 4.The U.S. Department of the Treasury’s Coronavirus State and Local Fiscal
Recovery Funds Frequently Asked Questions, dated April 27, 2022;
ARPA Exhibit 5.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund
Agreement between the City and the State of Florida, Division of Emergency
Management;
ARPA Exhibit 6.The U.S. Department of the Treasury’s ARPA Compliance and Reporting
Guidance, dated June 17, 2022; and
ARPA Exhibit 7.Assurances of Compliance with Civil Rights Requirements.
A copy of the above-referenced documents are available for inspection by the Contractor at the
Office of the City Clerk and at the following City link:https://southmiamiflgov-
my.sharepoint.com/personal/skulick_southmiamifl_gov/_layouts/15/onedrive.aspx?id=%2Fpersonal%2Fskulick%5
Fsouthmiamifl%5Fgov%2FDocuments%2FARPA%20Argreements%20and%20Docs&ga=1
2.1.2.Title VI Requirements. Contractor acknowledges that the City has certified
compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Department of the
Treasury on the form incorporated herein as ARPA Exhibit 7. Towards that end, Contractor
shall ensure that performance of work in connection with this Agreement complies with the
certifications and requirements contained in ARPA Exhibit 7 and shall also adhere to the
following provisions:
(1) The Contractor and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
federal financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement. Title VI also includes protection to persons with
“Limited English Proficiency” in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this Agreement.
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City of South Miami, FL Page 3 of 12
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor
shall undertake an active program of nondiscrimination in its administration of the
Work under this Agreement.
2.1.3.Americans with Disabilities Act Requirements. The Contractor agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government services,
and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Agreement.
2.1.4.Age Discrimination Act of 1975. Contractor shall comply with the requirements of
42 U.S.C. §§ 6101 et seq., as amended, and the Treasury’s implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities under
this Agreement.
2.1.5.Protections for Whistleblowers.
(1) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of
a contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i.A Member of Congress or a representative of a committee of Congress.
ii.An Inspector General
iii.The Government Accountability Office.
iv.A Federal employee responsible for contract or grant oversight or
management at the relevant agency.
v.An authorized official of the Department of Justice or other law
enforcement agency.
vi.A court or grand jury.
vii.A management official or other employee of the Contractor, subcontractor,
the State of Florida, or the City who has the responsibility to investigate, discover,
or address misconduct.
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City of South Miami, FL Page 4 of 12
(3) The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
2.1.6.Compliance with Immigration and Nationality Act (INA).Contractor hereby
certifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act (“INA”)].
2.1.7.Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor
shall adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Contractor and
its employees while performing the Work.
2.1.8.Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Contractor shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted drivers.
2.1.9.Publication. Contractor shall obtain approval from the City in writing prior to
issuing any publications in connection with this Agreement. If approved by the City, the
Contractor shall include the following language in any and all publications issued:
“This Project is [being funded/was supported] in part by federal award number
(FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S.
Department of the Treasury.”
2.1.10.Reporting Conflict of Interests.Contractor agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any
potential conflicts of interest affecting the use of funds awarded under the American
Rescue Plan Act in accordance with 2 CFR 200.112.
2.2.Compliance with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
2.2.1.Equal Employment Opportunity Compliance. During the performance of this
Agreement, the Contractor agrees as follows:
(1)The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
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City of South Miami, FL Page 5 of 12
b. layoff or termination;
c.rates of pay or other forms of compensation; and
d. selection for training, including apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2)The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3)The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
(4)The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5)The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of
Labor.
(6)The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7)In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
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City of South Miami, FL Page 6 of 12
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8)The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
2.2.2.Contract Work Hours and Safety Standards Act Compliance. During the
performance of this Agreement, the Contractor shall comply with the provisions of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as
follows:
(1)Overtime requirements. No Contractor or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (1) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States, for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
(3)Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the U.S. Department
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any
other Federal contract with the same Contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
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City of South Miami, FL Page 7 of 12
(4)Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
2.2.3.Clean Air Act Compliance. During the performance of this Agreement, the
Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as
amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.4.Federal Water Pollution Control Act Compliance. During the performance of this
Agreement, the Contractor shall comply with the provisions of Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.5.Debarment and Suspension Compliance. During the performance of this
Agreement, the Contractor warrants that Contractor or its subcontractors are not debarred,
suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and
12689. Contractor shall comply with the following provisions:
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury’s implementing regulations at 31 CFR Part 19, and 2
C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
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City of South Miami, FL Page 8 of 12
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Contractor further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
(5) Contractor certifies that they:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Contractor is unable to obtain and provide such certification, then the Contractor
shall attach an explanation to this Agreement as to why not.
2.2.6.Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). During the
performance of this Agreement, the Contractor and its subcontractors shall comply with the
provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Contractor represents and warrants as follows:
(1) No Funds received by the Contractor under this Agreement have been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
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City of South Miami, FL Page 9 of 12
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any monies, other than Funds received by Contractor under this Agreement, have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Contractor shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions.
(3) The Contractor shall require that this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all such sub-recipients shall certify
and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2.2.7.Copeland “Anti-Kickback” Act. During the performance of this Agreement, the
Contractor and its subcontractors shall comply with the provisions of the Copeland “Anti-
Kickback” Act as follows:
(1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by
reference into this Agreement.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
2.2.8.Procurement of Recovered Materials. Contractor shall comply with the provisions
of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in
the performance of this Agreement, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items, unless the product cannot be
acquired: (1) competitively within a timeframe providing for compliance with the contract
performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable
price.
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Information about this requirement, along with the list of EPA-designated items, is available
at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
2.2.9.Domestic Preferences for Procurements. To the greatest extent practicable,
Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States, in accordance with 2 CFR
200.322, “Domestic preferences for procurements.”
2.2.10.2 CFR Subpart F – Audit Requirements.Contractor shall assist the City in
complying with the audit requirements under2 CFR Subpart F –Audit Requirements (“Federal
Audit Provisions”) and the reporting requirements of the U.S. Department of the Treasury’s
Final Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(1) Contractor shall assist the City in complying with the Federal Audit Provisions by
providing the City, the State of Florida, the U.S. Department of the Treasury, the
Treasury Office of the Inspector General, the Government Accountability Office, or
other federal government entities, and any of their duly authorized representatives,
access to personnel, accounts, books, records, supporting documentation, and other
information relating to the performance of the Agreement or the Work
(“Documentation”) necessary to complete federal audits. Contractor shall promptly
assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Contractor shall keep all Documentation up-to-date throughout the performance of this
Agreement and the Work. Contractor shall provide the City with all Documentation for
each fiscal year by October 1 of each year or within five days of the completion of the
Work, whichever occurs first. Contractor shall assist the City in complying with
additional guidance and instructions issued by the U.S. Department of the Treasury
governing the reporting requirements for the use of American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds.
3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms
and provisions of this Addendum and the terms and provisions of the Agreement, the terms
and provisions of this Addendum shall control.
4. Agreement Ratified. Except as otherwise specifically set forth or modified herein, all terms
in the Agreement are hereby ratified and affirmed and shall remain unmodified and in full
force and effect in accordance with its terms.
5. Defined Terms. All initial capitalized terms used in this Addendum but not otherwise defined
herein shall have the same meaning ascribed thereto in the Agreement.
6. Counterparts. This Addendum may be executed in counterparts, each of which shall be
deemed an original, but all of which, when taken together, shall constitute one and the same
34
City of South Miami, FL Page 11 of 12
instrument. An executed facsimile or electronic copy of this Addendum shall have the same
force and effect as an original hereof.
[Remainder of page intentionally left blank. Signature pages follow.]
35
City of South Miami, FL Page 12 of 12
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed the day and year as first
stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
TOMKA LLC
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
36
37
Exhibit A
Fence Quotations
38
Proposal
February 28th, 2024
City of South Miami
6130 Sunset Dr
South Miami, FL 33143
2020-435
TOMKA, LLC -CGC 1526398
8200 NW 41 Street Ste 200
Miami, FL 33166
MURRAY PARK FENCE REPLACEMENT
Details
-Mobilization
-Prepare area
-Plans & Permit Processing
-Remove and dispose existing chainlink fence (Approx. 440 Linear Ft)
-Furnish and install new 4 Ft High chainlink fence (Approx. 275 Linear Ft)
-Furnish and install 2 service gates
-Furnish and install new 6 Ft High chainlink fence (Approx. 165 Linear Ft)
-Furnish and install Fence Guards (Color selected by the City) (Approx. 440 Linear Ft)
-Equipment
-Provide protection of work site, inclusive of surrounding surfaces against damage
-Clean up
-Dispose of all debris off site on a daily basis
-Leave site in ready for use conditions
BASKETBALL COURT
-Replace 10' high chainlink fence (only fabric & hardware)
Approx. 140' Linear Ft. (Black color) (9 Gauge)
-Replace 8' high chainlink fence (only fabric & hardware)
Approx. 100' Linear Ft. (Black color) (9 Gauge)
-Paint existing post and rails (Black color)
4' High Chainlink Fence Specs:
Top Rain & Bottom Rail
Height: 48"
Posts: 2" O.D. Terminal/End/Corner; 2" O.D Line
Fabric: 9GA x 2" Mesh
Top rail: 1 3/8" O.D.
Bottom Rail: 1 3/8" O.D
Post Caps: Dome Style
Ties: 9GA Aluminum
Color: Black
6' High Chainlink Fence Specs:
Top Rail, Middle Rail & Bottom Tension Wire
Height: 72"
Posts: 2 1/2" O.D. Terminal/End/Corner; 2" O,D.
Line Fabric: 9GA x 2" Mesh
Top rail: 1 5/8" O.D.
Bottom Rail: 1 5/8" O.D
Post Caps: Dome Style
Ties: 9GA Aluminum
Tension Wire: 9GA Steel
Color: Black Footings: Terminal posts 36" deep x 12"; Line Posts 24" x 12";
Concrete: 3000 PSI Footings: Terminal posts 36" deep x 12"; Line Posts 24" x 1";
Concrete: 3000 PSI
Total Cost: $ 24,761.00
Warranty: 1-Year NOL Materials and Labor Warranty Included
NOTES
-Labor, material & delivery included
-Permit fee is included in this proposal
-Engineering and calculations are included in this proposal
-Survey, tests or inspections are not included in this proposal
-This proposal is valid for 30 days
Sincerely,
TOMKA LLC 1/1
39
Zaldivar Construction service
Factura #000173
Agradecemos tu preferencia.
Cliente
Armando E. Munoz Jr.
AMunoz@southmiamifl.gov
786-348·8357
6130 Sunset Drive, Sur de Miami. FL
33143
Miami. Florida
lnformacion de la factura
PDF creado et 11 de Marzo, 2024
$25,100.00
Articulos Cantidad
Chain Link
Chain link
Remove
Trash
Permit
Pr.?rrnd a.f the· C'Jr .. v ( no f(po )
Generci'l contractor signature
Note
Sccute dnd cordon off •:iny lttftove;;,r eqcfrjJrr?=ent
.. PT(Y/Edt? ptotec ticn of ~-·vork s;tt;-r, inchJ"5FJe t...!f turh,.Jt.tnffit1g
surfBces-agar.nst tlamdg? ~ Cfean up r:A:.1t~''l
~ Dispose nf Dil d:e.?:btis o{f s~ite dady
.. L.eave sdf.• :n r2ad_v fer us-e· conditions
Repair
Keer;ltun r:ne fence of 1CY oniy t1brit /ind h:;d~,v;;rr} :t_,;}0' hrrr-::4-:;t
fbet
Repair
Ver en linea
Para ver tu factura, visita https://gosq.me/u/BBWkTAEi
1
1
1
1
1
1
1
1
Pago
Factura #000173
Fecha de expedici6n
11 de Mar, 2024
A pagar el 11 de Marzo, 2024
$25,100.00
Precio lmporte
$8,250.00 $8,250.00
$6,600.00 $6,600.00
$750.00 $750.00
$600.00 $600.00
$1,200.00 $1,200.00
$0.00 $0.00
$3,800.00 $3,800.00
$3,200.00 $3,200.00
0 abre tu camara en el dispositivo movil e introduce el c6digo QR que aparece en
la vista de camaras,
40
Zaldivar Construction service
~ ff tr:rt:t:t'.2&'W'f""'i""'o/~~¥%t1".'~":tl"'x'W~§ :.st:i1f.'1lW
Paint 1 $700.00
Subtotal
Total a pagar
Factura ~000173
Fecha de expedici6n
1l de Mar. 2024
$700.00
$25,100.00
$25,100.00
41
--& EQUIPMENT CO.--
i:!;'Vi·. ~1s.e~
7795 NW 53rd Street, Miami, FL 33166
Phone: (305) 477-7191
Fax: (305) 477-7192
CGC1533752
Name /Address
Armando Munoz
6130 Sunset Drive
South Miami, FL 33143
786.348.8357
AMunoz@southmiamitl.gov
Description
MURRAYPARK.-6100 SW 66 STREET, SOUTH MIAMI, FL.
33143
PLEASE NOTE: TI-ITS QUOTE IS FOR SCH 40 / DQ40 GRADE
CHAIN LINK, THIS EXCEEDS THE REQUESTED SPECS
EXISTING FENCE REMOVAL/DISPOSAL
Removal ofExisiing Fencing and/or Gates
Haul away included
4' HIGH BLACK CHAIN LINK
Furnish and Install 4' High Black Vinyl Chain Link Fence -Sch 40
Specs:
2 1/2" Sch 40 Terminal Posts (28" x 12" Footings)
2" Sch 40 Line Posts (26" x l O" Footings)
1 5/8" Sch 40 Top & Bottom Rails
2" x 9F x 4'H BLK Mesh
Includes Plastic Fence Guard
Furnish and lnstall 4' High x 4' Wide Single Swing Gates
Gate Frame: 1 5/8"
Furnish and Install 4' High x 12' Wide Double Swing Gates
Gate Frame: 1 5/8"
3" Sch 40 Gate Posts
6' HIGH BLACK CHAIN LINK
Furnish and Install 6' High Black Vinyl Coated Chain Link Fence -
Sch40
Specs:
2 1/2" Sch 40 Terminal Posts (34" x 12" Footings)
2" Sch 40 Line Posts (30" x 12" Footings)
1 5/8" Sch 40 Top & Bottom Rails
2" x 9F x 6'H BLK Mesh
Includes Plastic Fence Guard
Estimate
Date Estimate#
1/30/2024 17794
Project
Qty Rate Total
440 3.00 1,320.00
275 36.97 10,166.75
2 425.00 850.00
2 1,275.00 2,550.00
165 39.02 6,438.30
Total
Page 1
42
--& EQUIPMENT CO.--
!:!::ST. ~!t~0.0
7795 NW 53rd Street, Miami, FL 33166
Phone: (305) 477-7191
Fax: (305) 477~7192
CGC1533752
Name I Address
Annando Munoz
6130 Sunset Drive
South Miami, FL 33143
786.348.8357
AMunoz@southmiamifl.gov
Description
BASKETBALL COURTS
-Remove and Dispose Existing 8'H and l0'H Chain Link Mesh+
Hardware
-Install 140' ofNew l0'H Mesh and 100' of New S'H Mesh
-Install New Hardware (Tension Bars, Tension Bands, Brace
Bands, etc.)
Electrostatic Paint (Black) All Existing Posts and Rails for
BasketbalJ Courts
-Approx 24 Posts + Top/Middle/Bottom Rails
-Color: Black
Shop Drawings NOT Included
Building Permits NOT Included
PAYMENT PLAN (50% Up-Front Retainer, Balance Due
Immediately Upon Completion)
If customer wants to pay using a credit card, 4 % will be added to
the total.
Not responsible for any breakage of underground utilities or
sprinklers. We will call 811 Sunshine to locate underground
utilities installed by governmental agencies. Any other cables or
underground utilities not covered by Sunshine is the owner's
responsibility to have marked.
Estimate
Date Estimate#
1/30/2024 17794
Project
Qty Rate Total
1 4,650.00 4,650.00
1 5,500.00 5,500.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Total
Page2
43
--& EQUIPMENT CO.--
.i:::s--r . .....,... ·•it~C'O
7795 NW 53rd Street, Miami, FL 33166
Phone: (305) 477-7191
Fax: (305) 477-7192
CGC1533752
Name / Address
Armando Munoz
6130 Sunset Drive
South Miami, FL 33143
786.348.8357
AMunoz@southmiamifl.gov
Description
Quoted as per Specifications indicated herein above. Any deviation
from Specs, Measurements or Quantity quoted will result in a
revised proposal. Please confirm Specs prior to approval.
Estimates are based on nonnal installation conditions and do NOT
include hand digging unless specifically stated.
Company is NOT responsible for removal or haul away of debris
and/or dirt left behind after digging unless specified.
We require a clear area available for work performance. Proper clear
spacing must be provided.
**Pricing Good for 30 Days**
Estimate
Date Estimate#
1/30/2024 17794
Project
Qty Rate Total
0.00 0.00
Total $31,475.05
Page 3
44
Qimartmerit of State / Division of Cor[!orations / Search Records I Search by Entity Name /
Detail by Entity Name
Florida Limited Liability Company
TOMKALLC
Filing Information
Document Number
FEI/EIN Number
Date Filed
Effective Date
State
Status
Last Event
Event Date Filed
Event Effective Date
PrinciP-al Address
8200 NW 41 ST
STE 200
DORAL, FL 33166
Changed: 03/03/2021
Mailing Address
8200 NW41 ST
STE 200
DORAL, FL 33166
Changed: 03/03/2021
L14000101422
47-1196964
06/25/2014
06/23/2014
FL
ACTIVE
LC DISSOCIATION MEM
07/17/2014
NONE
Registered Agent Name & Address
TORRES, JULIO C
8200 NW41 ST
STE 200
DORAL, FL 33166
Address Changed: 03/03/2021
Authorized Person(!) Detail
Name & Address
Title MGRM
DIVISION OF CORPORATIONS
45
TORRES, JULIO C
8200 NW 41 ST
STE 200
DORAL, FL 33166
Title MGRM
TORRES, JESUS
8200 NW 41 ST
STE 200
DORAL, FL 33166
Annual ReP-orts
Report Year
2021
2022
2023
Filed Date
03/03/2021
01/17/2022
02/13/2023
Document Images
02/13/2023 •• ANNUAL REPORT
01/17/2022 ·•ANNUAL REPORT
03/03/2021 •• ANNUAL REPORT
03/31/2020 .-ANNUAL REPORT
04/17/2019 ·•ANNUAL REPORT
0212112018--ANNUAL REPORT
01116/2017 ·•ANNUAL REPORT
04/04/2016 --ANNUAL REPORT
02/26/2015 ·•ANNUAL REPORT
07/25/2014 •· LC Amendment and Name Change
07/17/2014 -· CORLCDSMEM
07/03/2014 •· LC Amendment
06/25/2014 •• Florida Limited Uabilill(
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