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09-04-01 (1)MAYOR* VICE MAYOR j COMMISSIONER: COMMISSIONER: COMMISSIONER* .£t*xy.t\. JuHftRobaina Horace G»£eliu Raady G.Wiscombe David D,Betliel Maty Scott Russell South Miami All-AmericaCity 2001 OTYMANAGERt CfcutesD*Setitf CXTY ATTORNEY:Bad G*Gallop CITY CLERKt Rouetta Taylor CITY COMMISSION AGENDA City Commission Meeting Meeting date:September 4,2001 6130 Sunset Drive,South Miami,FL Next Regular Meeting Date:September 18,2001 Phone:(305)663-6340 Time:6:30 PM City of South Miami Ordinance No.10-00-1712 requires all lobbyists before engaging in any lobbying activities to register -with the City Clerk and pay an annual fee of $125.00.This applies to all persons who are retained (whether paid or not)to represent a business entity or organization to influence "City" action."City"action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative,quasi-judicial and administrative action.It does not apply to not-for- profit organizations,local chamber and merchant groups,homeowner associations,or trade associations and unions. CALL TO ORDER: A.Roll Call: B.Invocation: C.Pledge of Allegiance: D.Presentation(s)(7:00 p.m.) REGULAR CITY COMMISSION AGENDA -September 4,2001 ITEMS (S)FORTHE COMMISSION'S CONSIDERATION: 1.Approval of Minutes Regular City Commission Minutes -July 24,2001 2.City Manager's Report 3.City Attorney's Report CONSENT AGENDA 4.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE CODE ENFORCEMENT BOARD;APPOINTING MARIA C.STEWART TO SERVE FOR A TWO YEAR TERM ENDING SEPTEMBER 4,2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED;PROVIDING AN EFFECTIVE DATE. (Mayor Robaina)3/5 5.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE BOARDS AND COMMITTEES;APPOINTING JUAN COMENDEIRO AS CITIZEN REPRESENTATIVE TO THE REGULAR PENSION BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 4,2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED;PROVIDING AN EFFECTIVE DATE. (Mayor Robaina)3/5 6.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN,P.A.,(C3TS)FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION ENGINEERING INSPECTION PHASE SERVICES FOR THE WATER MAIN EXTENSION PHASE 1A,IN AN AMOUNT NOT TO EXCEED THIRTY-THREE THOUSAND DOLLARS,($33,000.00)TO BE CHARGED TO ACCOUNT NO.001-0000-132-2055.3/5 7.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,232.50 TO ENVIRO- WEAR,FOR PURCHASING STAFFSHIRTS,CAMPSHIRTS,4th OF JULY SHIRTS,AND CHARGING THE DISBURSEMENT TO VARIOUS ACCOUNTS.3/5 REGULAR CITY COMMISSION AGENDA -September 4,2001 ORDINANCE (S)SECOND READING PUBLIC HEARING (S) There are none ORDINANCE (S)FIRST READING PUBLIC HEARING (S) Scheduled for 6:30 P.M. 8.AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,FIXING THE MILLAGE AT 6.373 WHICH EXCEEDS THE ROLLBACK RATE BY 5.27%AND RESULTING IN NO CHANGE IN PROPERTY TAX RATE IN THE CITY OF SOUTH MIAMI,FLORIDA,FOR THE FISCAL YEAR 2001/2002. 3/5 9.AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,ADOPTING A BUDGET OF $12,162,473 AND PAY PLAN FOR THE 2001/2002 FISCAL YEAR. 3/5 RESOLUTION(S)/PUBLIC HEARING(S) There are none RESOLUTION (S) 10.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONTRACTUAL SERVICES,AUTHORIZING THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT DOCUMENTS,IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT M"WITH McCOURT CONSTRUCTION, INC.FOR THE RESTORATION OF THE MARSHALL WILLIAMSON TENNIS COURTS;AUTHORIZING THE DISBURSEMENT OF UP TO $15,000FROMACCOUNTNUMBER504-1500-9925,ENTITLED *INSURANCE SETTLEMENT;"AND PROVIDING AN EFFECTIVE DATE.3/5 11.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO OFFICIALLY NAME OPEN SPACE PARK 3/5 12.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AMENDMENT OF 2000-2001 FISCAL YEAR BUDGET;APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER REGULAR CITY COMMISSION AGENDA -September 4,2001 LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F(I)OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDED SEPTEMBER 30,2001,AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS. 3/5 ORDINANCE (S)FIRST READING There are none PUBLIC REMARKS Cathy McCann -Habitat For Humanity SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1 (k)(2)OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT,OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER,UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." PUBLIC REMARKS COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105,"THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD,AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING,HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS,AND THAT FOR SUCH PURPOSE,AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE,NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION AGENDA -September 4,2001 South Miami AB-AmeHcaCity 2001 Excellence,Integrity,Inclusion MEMORANDUM Date:September 4,2001To:HonorableMayor,Vice Mayor andCityCommission [* From:Charles Scurr CityManager flJJ<*"-Re:Agenda Item aCodeEnforcementBoard Appointment REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE CODE ENFORCEMENT BOARD;APPOINTING MARIA C.STEWART TO SERVE FOR A TWO YEAR TERM ENDING SEPTEMBER 4,2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS TheattachedresolutionsponsoredMayor Robaina appointsMs.Maria Stewarttoserveonthe CodeEnforcementBoardforatwo-yearterm ending,September4,2003. RECOMMENDATION Approval is recommended. 1 RESOLUTION NO. 2 3A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4CITYOF SOUTH MIAMI,FLORIDA,RELATING TO THE CODE 5 ENFORCEMENT BOARD;APPOINTING MARIAC.STEWART TO 6 SERVE FOR A TWO YEAR TERM ENDING SEPTEMBER 4,2003 OR 7 UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS,the Mayor and City Commission oftheCityof South Miami 11 recognize the important contributions made bythosewho serve onthe various city boards 12 and committees,andwishtoappointafull complement toeachoftheactiveboardsand 13 committees;and, 14 15WHEREAS,theMayorandCity Commission desiretoappointMariaC.Stewart 16toserveforatwoyeartermontheCodeEnforcementBoard.Thisappointmentshall 17expireSeptember4,2003oruntilasuccessorisdulyappointedandqualified. 18 19 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA; 21 22Section1.TheCityCommissionerherebyappoints Maria C.Stewarttothe 23 Code Enforcement Board. 24 25Section2.Theexpirationdate of this appointment shallexpire September 4, 262003oruntila successor isdulyappointedandqualified. 27 28Section3.This resolution shalltakeeffect immediately uponapproval. 29 30PASSEDAND ADOPTED thisday of ,2001. 31 32 ATTEST:APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 Commission Vote: 38READAND APPROVED ASTOFORM:MayorRobaina: 39 ViceMayor Feliu: 40 CommissionerBethel: 41 CITY ATTORNEY Commissioner Russell: 42 Commissioner Wiscombe: 43 Additionsshownby underlining and deletions shownby ovorstriking. 2001 cirr op south miami boardicommittee application 6130 Sunset Drive South Miami,FL33143 Name:*»**&-SH^rt^ (Please print) £ftt $t^»^T^^. Phone No.305-663-6340 Fax No.305-663-6348 1. 2. 3. 4. 5. 8. 9. 10. 11. Home Address: Business Address:**1 ***«*«,^V *"***"'-°'* Home Phone No.7«r (,<r$oS* Education Background: Business Phone No.J^£J±lJ±^L^ Fax No.lorary *nnr Community Service:i J <rz t *> Areyoua registered voter? Areyoua resident oftheCity? Do you have a business inthe City? Yes Yes Yes .:«o_. No. No. No Ethnic Origin?Z-—/M.White Non-Hispanic African American Hispanic American—Other Signature.Date f<~o~°' (Applicant THIS APPIICATION WILL REMAIN ON FILE FOR ONE YEAR Revised6/01 (Jo/c &v£c«"-wf* TOO®IHVM3IS IH390H SSZI 8SC SOC XVd SS:J,0 TO/M/80 To: South Miami JMmerfcaClty 2001 Excellence,Integrity,Inclusion MEMORANDUM Honorable Mayor,Vice Mayor^Date:September 4,2001 and City Commission *I From:Charles Scurr /IFJJ&Re:Agenda Item City Manager [Jpr^Regular Pension Board Appointment Re:£~ REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE BOARDS AND COMMITTEES;APPOINTING JUAN COMENDEIRO AS CITIZEN REPRESENTATIVE TO THE REGULAR PENSION BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 4,2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED;PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored MayorRobainaappointsMr.Juan Comendeiro toserveasa Citizen representative ontheRegularPensionBoardfora two-year termending,September 4, 2003. RECOMMENDATION Approvalisrecommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE BOARDS AND COMMITTEES;APPOINTING JUAN COMENDEIRO AS CITIZEN REPRESENTATIVE TO THE REGULAR PENSION BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 4,2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED;PROVIDING AN EFFECTIVE DATE. WHEREAS,TheMayorandCommission recognize theimportant contributions made by those who serve on the various city boards and committees,and wish to appoint a full complement to each of the active boards and committees;and WHEREAS,the city Commission desires to appoint Juan Comendeiro,as Citizen representative to serve on the Regular Pension Board.This appoint shall expire September 4,2003 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: AND CITY Section 1.The City Commission hereby appoints Juan Comendeiro,as Citizen representative to serve on the Regular Pension Board. Section 2.The expiration date of this appointment shall expire September 4,2003or until a successor is duly appointed and qualified. Section 3. upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM; CITY ATTORNEY This resolution shall take effect immediately day of 2001. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: 88/27/2001 19:55 3056667745 BERENGUER GROUP BENE Florida PAGE 02 ^<'»RiV>* 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive South Miami,FL 33143 Phone No.305-663-6340 Fax No.305-663-6348 Name:^-JKJu.,^C^q ^vn t_\cSlj2_t 1*> Home Address: (Please print) .ill** ORTIS h 2. 3. 4. 5. Business Address:Z^r #/te 6. 8. 9. 10. 11. Home Phone No.'JOV-£>kf-J7M«i Business Phone No.^**f I JHTlp C Fax No.*/y*-C»-3-r«9 Education Background: £A L^l <V \.^-*-.r i tK, Community Service: f-£•A.'£+^ Are you a registered voter? Are youa resident of the City? Doyou have a business intheCity? »>^Z £L **n ->,1 ft g>gy/-fe< Yes.^ Yes * Yes ^ No No No Ethnic Origin? White Non-Hispanic African American Hispanic American y/Other Signature Date %M-Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 6/01 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and City Commission Date:August 27,2001 Agenda Item # From:Charles D.Scurr J)I ^^?Comm Mtg.09-04-01 City Manager /)fl ff ^J C/^^Re:Authorization to execute Professional Service Work Order for Water Main Extension -Phase 1A REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDERTOCORZOCASTELLACARBALLOTHOMPSONSALMAN,P.A.(C3TS)FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION ENGINEERING INSPECTION PHASE SERVICES FOR THE WATER MAIN EXTENSION PHASE 1A,IN ANAMOUNTNOTTOEXCEEDTHIRTY-THREETHOUSANDDOLLARS,($33,000.00) TO BE CHARGED TO ACCOUNT NO.001-0000-132-2055. BACKGROUND: ThisprojectwillfulfilltheCity'sintenttoprovideportabledrinkingwaterand fire protectionto the residents inthearea specified.Currently,the residents intheareausewellwateras drinking waterandtheydonothavefire hydrant forfire protection.The boundaries of Phase 1A are defined as;SW 74th Street between SW 67th Avenue and SW 68th Avenue,SW 77th Terrace between SW 67th Avenue &SW 69th Avenue,SW 78th Terrace between SW 68th Avenue &SW 69th Avenue,SW 68th Avenue between SW 78th Terrace &SW 80th Street,SW 69th Avenue between SW 76th Terrace &SW 80th Street,SW 67th Court from Cul-de-sac to SW 80th Street. C3TS has completed thedesignphaseandbidphaseforPhase 1A andC3TSis currently oneof our General Engineering Consultants.Thisprojectispart of theState'sapproved $lmillion grantforpotable drinking waterproject. RECOMMENDATION: Itis recommended thattheCity Commission approve thefundingfortheworktobe performed. Page 2 of 2 Agenda Item... Aug.27,01 ATTACHMENTS: •Proposed Resolution •Professional Engineering Services Work Order •Map of the proposed Phase 1A area RESOLUTION No.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN,P.A.(C3TS)FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION ENGINEERING INSPECTION PHASE SERVICES FOR THE WATER MAIN EXTENSION PHASE 1A,IN AN AMOUNT NOT TO EXCEED THIRTY-THREE THOUSAND DOLLARS, ($33,000.00)TO BE CHARGED TO ACCOUNT NO.001-0000-132-2055. WHEREAS,theCity Commission of theCity of SouthMiami,Florida,wishestobegin theportable drinking water mainextensionandfireflow protection project;and WHEREAS,C3TShas completed thedesignandbid phases forthe Phase 1A andC3TS isone of our General Engineering Consultants;and WHEREAS,the City Commission of the City of South Miami,Florida,wishes tousethe professionalservices of C3TS,toprovideconstructionengineeringinspectionphase services for Water Main Extension -Phase 1A;and WHEREAS,the streets within the boundaries of Phase 1A are defined as;SW 74th Street between SW 67th Avenue and SW 68th Avenue,SW 77th Terrace between SW 67th Avenue &SW 69th Avenue,SW 78th Terrace between SW 68th Avenue &SW 69th Avenue,SW 68th Avenue between SW 78th Terrace &SW 80th Street,SW 69th Avenue between SW 76th Terrace &SW 80th Street,SW 67th Court from Cul-de-sac toSW 80th Street;and WHEREAS,theWaterMainExtension-Phase 1A isfundedthroughtheState Legislative appropriation funds. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,that: Section1:TheCityManagerisauthorizedtoenterintoacontractualagreementwith CorzoCastellaCarballoThompsonSalman,P.A.fortheprofessionalservicesin connection with construction engineering inspection phase services forthe Water Main Extension -Phase 1A project,inan amount notto exceed $33,000.00. Section2:Thattheattachedproposal,Professional Service Work Order,be made apart of the resolution. Section 3:The total amount $33,000 will be drawn from the account number 001-0000- 132-2055. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of ,2001. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: CORZO Date: CASTELLA CARBALLO To: THOMPSON SALMAN Engineers Architects Planners Attention: Project Name PROFESSIONAL SERVICES WORK ORDER August 27,2001 City of South Miami Engineering&Construction Department 6130 Sunset Drive South Miami,FL 33143 W.Ajibola Balogun,Director Water Main Extension -Phase IA Construction Phase and Post Construction Administration Services C3TS File 1929-08 EB0005022 AAC002I42 Funding Source:FDEP Water Advisory Panel Description of Project: This project consists of improvements tothe Water Distribution System forareas of theCity of SouthMiamithat presently arelacking adequate water service and fire protection.A contractor selected underthe City's competitive biddingprocesswillinstallthewatermainsfortheCity of South Miami.After completion,the system willbe conveyed tothe Miami-Dade Water and Sewer Department (WASD).Operation and Maintenance of the extended Water Distribution System will beby WASD. Phase IA of this project consist of the installation of approximately 4,270 lineal feet(0.8 mile)of eight inch (8'')diameter,ductile iron water mains and new service linesfromthe water maintothe existing meters.Also,thisprojectwillinstallfire hydrants to provide fire protection as required to meet Miami-Dade County standards.The estimated total cost of the project is approximately $500,000 tobe funded inpartby State appropriations (Year 2001 FDEP Water Advisory Panel recommendation). The following street segments are included in Phase 1 of the Project: 2. 3. 4. 5. 6. SW 74'"Street,from SW 67lh Avenue to SW 68th Avenue (600 LF) SW 77"*Terrace,from SW 67th Avenue toSW 69'"Avenue (1,200 LF) SW 67'"Court,from Cul-de-sac to SW 80th Street (300 LF) SW 78'"Terrace,from SW 68'"Avenue to SW 69,h Avenue (600 LF) SW 68'"Avenue,from SW 78,h Terrace to SW 80th Avenue (500 LF) SW 69'"Avenue,from SW 76 Terrace to SW 80th Avenue (1070 LF) This Work Order provides forthe required professional services during the Construction Phase of the Project,in connection with the General Administration of the Construction Contract,andfor Post Construction Administration Services as outlined inthe Scope of Services. Scope of*Services and Schedule of Fees: 1.0 CONSTRUCTION PHASE SERVICES: 1.01 Conduct a pre-award meeting with Contractor. 901 Ponce de Leon Blvd..Suite 900 Coral Gables.Florida 33134 Web Site:www.c3ts.com 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Equal Opportunity Employer Professional Services Work Order August 27,2001 Page 2 1.02 Assist in obtaining and reviewing all documents needed in executing the contract between the City andthe Contractor. 1.03 Attend pre-construction conference. 1.04 Perform Construction Engineering Inspections (minimum of twice per week,upto 16 hours per week)and submit reports. 1.05 Review and approve /disapprove all shop drawings. 1.06Reviewthe Contractors'ApplicationforPaymentandsubmitrecommendationto the Engineering &Construction Director. 1.07 Perform project closeout with Contractor including final inspection,punchlist, final Application for Payment review,and submit Certificate of Completion. The feeforthe Construction Phase of the project willbea Fixed Fee amount of Thirty Thousand Dollars ($30.000.00)based ona three (3)month uninterrupted construction schedule.Extended services during the Construction Phase of the Project willbe billed at a rate of$12.000.00 per month. 2.0 POST CONSTRUCTION ADMINISTRATION SERVICES: 2.01 Review "As-Built"plans furnished bythe Contractor for conformance withMD- WASD Standards. 2.02 Perform inspection of Work one month prior tothe one-year guarantee/warranty expiration date,andreportany defective workfor correction.Assist theCitywith administration of guarantee/warranty for correction of defective work. ThefeeforthePost Construction Administration Services Phase of the project willbea Fixed Fee amount of Three Thousand Dollars ($3.000.00). The maximum fee authorized for all of the services listed by this Work Order is Thirty Three Thousand Dollars (S33.000.00). If acceptable toyou,wewill accept asignedcopy of this Work Order as your written authorization to proceed with this assignment.Thank youforthe opportunity tobe of service tothe City of South Miami. Sincerely, CopzOTCaStella Carballo Thompson Salman,P.A. /P.E. President CITY OF SOUTH MIAMI Approved by: Signature and Title Date N:\1929_Soulh MiamAWater Main Expansion-Phase 1\Work Order-Construction Phase Services.doc Qtyof South Miami WATER MAIN EXTENSION -PHASE I MASTER PLAN CB BO cm poo i CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO:Mayor &Commission DATE:August 24,2001 FROM:Charles D.Scurr CityManager acurr a \<Jfi"SUBJECT:Agenda # Commission Meeting September 4,2001 Enviro-wear REQUEST Thepurpose of this memorandum isto recommend theapproval of theattachedresolution givingtheCityManagertheauthoritytodisbursethesum of $5,232.50toEnviro-wearfor the purchase of staff shirts,camp shirts,and 4th of July shirts. BACKGROUND &ANALYSIS The City of South Miami isthefirst municipality that Enviro-wear hasattained.The HonorableMayorJulioRobainaon November 15,2000 gaveaproclamationfor "Americas Recycle Days",promoting theuse of recycled goods. TheCity of South Miami isthefirstinSouthFloridatousea company that solely utilizes recycled products.As asolesource company,Enviro-wear has provided the City with an outstandingproductforvariouseventsandspecialoccasions.This company's pricesare competitive with othervendors. TheCity of SouthMiaminotonlygaveaproclamationinfavor of usingrecycledproducts, butalsohastakenactionbyprovidingstaff,residents,andchildrentheabilitytousethis product. As an All-America City,weareshowingother municipalities thatthisCitynotonlystates thattheysupporttheenvironment,butthatSouthMiamiusesrecycled products. Fundswillbedisbursedfromaccount#001.2000.572.5220 (Uniforms)andaccount #001.0000.219.3500(Recreation Program Donation)intheamount of $5,232.50. RECOMMENDATION Approval is recommended. Commission Eitvfro-wc&r 2001 4 2 Resolution No. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO 6 DISBURSE THE SUM OF $5,232.50 TO ENVIRO-WEAR,FOR 7 PURCHASING STAFF SHIRTS,CAMP SHIRTS,4™OF JULY SHIRTS,AND 8 CHARGING THE DISBURSEMENT TO VARIOUS ACCOUNTS. 9 10 li WHEREAS,Article III,Section 5,H,of the City Charter,requiresbidsbe 12 obtainedfor purchases of itemsover$5,000.00;and 13 T 14 WHEREAS,Enviro-wearisasolesource company that utilizes recycled 15 productstocreateshirts;and 16 17 WHEREAS,Thiscompany'spricesarecompetitivewithothervendors,andthe 18 factthattheCityis participating withanenvironmentallyconsciouscompanyhassetthe 19 City apart fromanyothermunicipalityinSouth Florida;and 20 21 WHEREAS,Thiscompanyshallcontinuetobe environmentally conscious,it 22 shall keep them within the "sole-source"category;and 23 24 WHEREAS,The City of SouthMiamiParks&Recreation Departmentwill 25 continueto utilize theirproductsand would liketo continue todosoforthe next two 26years;and 27 28 WHEREAS,The City of South Miami isan All-America City showing other 29 municipalities thatwenotonlystatesthatwesupportthe environment,butthattheCity 30uses products that are recycled. 31 32 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 33 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: 34 35 Section 1.That payment isawardedto Enviro-wear,forthe amount of 36 $5,232.50 for various shirts.Disbursement of funds will be 37 released from various account numbers. 38 39 Section 2.This resolution shalltake effect immediately upon approval. 40 41 PASSED AND ADOPTED this day of September 2001. 42 43 ATTEST:APPROVED: 44 45 CITY CLERK MAYOR 46 47 READ AND APPROVED AS TO FORM: 48 49 50 CITY ATTORNEY 51 EnvOTO^rorrototaicnlOOl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE NO. ? AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,FIXING THE MILLAGE AT 6.373 WHICH EXCEEDS THE ROLLBACK RATE BY 5.27%AND RESULTING IN NO CHANGE IN PROPERTY TAX RATE IN THE CITY OF SOUTH MIAMI, FLORIDA,FOR THE FISCAL YEAR 2001/2002. WHEREAS,pursuantto section 200.065,Floridastatutes,tax assessments forallreal property within the jurisdiction of theCity of SouthMiamiforthefiscalyear 2001/2002 hasbeen made by the property appraiserforDade County;and, WHEREAS,pursuanttotheabove-citedstatutoryprovision,theMayorandCity Commission arerequiredtoadoptatentativeandthereafterafinalmillagerateforthetaxing jurisdiction of theCity of South Miami;and, NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.ThereshallbeandherebyislevieduponrealpropertyintheCity of South Miami,Florida,atax of 6.373 mills onthedollarforthefiscalyear 2001/2002 forthe operation expenses of thegovernment of theCityforthefiscalyear beginning October 1, 2001,andendingSeptember30,2002.Thismillagerate exceeds therollbackrateby 5.27%. Section 2.This ordinance shall take effect on October 1,2001. PASSED AND ADOPTED this day of 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI,FLORIDA,ADOPTING A BUDGET OF 7 $12,162,473 AND PAY PLAN FOR THE 2001/2002 FISCAL YEAR. 8 9 WHEREAS,the City Manager has submitted a proposed budget 10 together with a budget message and supporting schedule including 11 a pay plan;and 12 13 WHEREAS,pursuant to Chapter 200,Florida Statutes,the 14 Mayor and City Commission are required to adopt a tentative,and 15 thereafter,a final budget for the City. 16 17 NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: 19 20 Section 1.The Budget for the Fiscal year,as submitted 21 by the City Manager,including the pay plan,as filed in the City 22 Clerk's Office,in an amount of $12,162,473 be and the same is 23 hereby approved. 24 25 26 PASSEDAND ADOPTED thisdayof ,2001. 27 28 29 30 ATTEST:APPROVED: 31 32 33 34 CITY CLERK MAYOR 35 36 37 38 READ AND APPROVED AS TO FORM: 39 40 41 42 CITY ATTORNEY 43 ? CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM South Miami AMmertcaCity WWWHI To:Honorable Mayor andCity Commission From:Charles D.Scurr CityManager 2001 Date:August 30,2001 ]<*>fAJ^^i Subject:Agenda Item #f " Commission Meeting 09/04/01 Marshall Williamson Tennis Courts REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONTRACTUAL SERVICES,AUTHORIZING THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT DOCUMENTS,IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "1,"WITH McCOURT CONSTRUCTION INC.FOR THE RESTORATION OF THE MARSHALL WILLIAMSON TENNIS COURTS;AUTHORIZING THE DISBURSEMENT OF UP TO $15,000 FROM ACCOUNT NUMBER 504- 1500-514-9925,ENTITLED "INSURANCE SETTLEMENT;"AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Marshall Williamson Park has had tennis courts since the mid-1970's.However,in the mid-1990's the tennis courts were converted toa roller hockey rink.Although popular fora couple of years,the roller hockey phenomenon hasfadedandthe park's rinkhasfallen dormant andis severely underutilized. The proposed resolution would allowtheCitytocontractwiththe lowest responsive bidder torestore the hockey rink to tennis courts.The proposed fundingforthis project would come fromthe insurance proceeds theCity received asaresult of thearsonincident which damaged the park's totlotonNew Year's Eve.These funds can only beusedfor improvements tothe park. The current balance of account number 504-1500-514-9925 is $15,000. RECOMMENDATION Your approval is recommended. rp RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONTRACTUAL SERVICES,AUTHORIZING THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT DOCUMENTS,IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "1,"WITH McCOURT CONSTRUCTION INC.FOR THE RESTORATION OF THE MARSHALL WILLIAMSON TENNIS COURTS;AUTHORIZING THE DISBURSEMENT OF UP TO $15,000 FROM ACCOUNT NUMBER 504- 1500-514-9925,ENTITLED "INSURANCE SETTLEMENT;"AND PROVIDING AN EFFECTIVE DATE. WHEREAS,theCity of South Miami's MarshallWilliamsonParkhasanareawhichwas historically usedas tennis courts;and WHEREAS,the courts were modified foruseasa roller hockey rink;and WHEREAS,the roller hockey rinkisnow underutilized;and WHEREAS,the Mayor andCity Commission desiretoseethetennis courts restored. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1.The City Manager is authorized to execute construction contract documents,in substantially theform attached as Exhibit "1,"with McCourt Construction Inc.forthe restoration of the Marshall Williamson Tennis Courts. Section 2.The City Manager is authorized to disburse upto $15,000 from Account Number 504-1500-514-9925 pursuant to the approved contract documents. Section 3.This resolution shalltakeeffect immediately upon approval. PASSED AND ADOPTED thisday of ,2001. ATTEST:APPROVED: CITY CLERK MAYOR Commission Vote: READAND APPROVED ASTOFORM:MayorRobaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: CITY ATTORNEY CONTRACT THISAGREEMENT,madeandenteredintothisday of ,20,byand betweentheCity of SouthMiami,(City),and , (Consultant),(Parties). WHEREAS,theCitydesirestoengagetheContractortoperformservicesasstatedherein. WITNESSETH,thatthepartieshereto,forthe consideration hereinafter setforth,mutually agreeasfollows: 1.01 SCOPE OF WORK A.The Contractor shallfurnishalllabor,materials,equipment,machinery,tools, apparatus,andtransportationandperformall of theworkdescribedintheScope of WorkdatedJuly30,2001,andattachedasExhibit "1,"necessarytoconvertthe existingrollerhockeyrinkatMarshallWilliamsonParkintotwoUSTA-compliant tennis courts. 1.02 THE CONTRACT SUM A.TheCityshallpaytotheContractorforthefaithfulperformance of theContract,in lawfulmoney of theUnitedStates,andsubjecttoadditionanddeductionsasprovided in the Contract Documents. B.BaseduponthepriceshownintheProposalheretoforesubmittedtotheCitybythe Contractor,acopy of saidProposalbeingapart of these Contract Documentsattached asExhibit "1",theaggregateamount of thisContractisthesum of FifteenThousand Dollars ($15,000). 1.03 COMMENCEMENT AND COMPLETION OF WORK A.The Contractor shall commence work on the date established in the Notice to Proceed. B.TheContractorshall prosecute theworkwith faithfulness anddiligenceandshall completetheworknotlaterthanninety(90)calendardaysafterthe commencement date established in the Notice to Proceed. 00000-1 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A.The Contractor herebyagreesthathehas carefully examined thesitesfortheworktobe performed andhasfully satisfied himself thatsuchsitesare correct and suitable onesfor theworktobeperformedandheassumesfull responsibility therefore.Theprovisions of this Contract shallcontrolany inconsistent provisions contained inthe specifications. All specifications andContractitemscontainedinthis Contract havebeenreadand carefully considered bythe Contractor,who understands the same and agrees to their sufficiency fortheworktobedone.Itis expressly agreed thatunderno circumstances, conditions or situations shallthis Contract bemore strongly construed against theCity than against the Contractor andhisSurety. B.Any ambiguity or uncertainty inthe specifications or Exhibit "1"shallbe interpreted and construed bythe City's Engineer or approved representative andhis decision shall befinaland binding uponallparties. C.Itis distinctly understood and agreed thatthe passing,approval and/or acceptance of anypart of theworkormaterialbytheCity,itsEngineer,orbyanyagentor representative asin compliance withtheitems of this Contract and/or of theProject Manual covering saidwork,shallnot operate asa waiver bytheCity of strict compliance withtheterms of thisContract,and/ortheProjectManualcoveringsaid work;andtheCitymayrequirethe Contractor and/or his insurer to repair,replace, restore and/or maketo comply strictly andinall things with this Contract andthe Project Manualanyandall of saidwork and/or services whichwithinaperiod of one yearfromandafterthedate of thepassing,approval,and/oracceptance of anysuch workorservices,arefoundtobedefectiveortofailinanywaytocomplywiththe Drawingsand Specifications.Thisprovisionshallnotapplytomaterialsorequipment normallyexpectedtodeteriorateorwearoutandbecomesubjecttonormalrepairand replacementbeforetheirconditionisdiscovered.TheContractorshallnotberequired todonormalmaintenanceworkundertheguaranteeprovisions.Failureonthepart of theContractor and/or hisinsurer,immediatelyafterNoticetoeither,torepairorreplace anysuchdefectivematerialsandworkmanshipshallentitletheCity,if itsees fit,to replaceorrepairthesameandrecoverthereasonablecost of suchreplacementand/or repairfromtheCityand/orhisinsurer,whoshallinanyeventbe jointly andseverally liabletotheContractorforalldamage,lossandexpensecausedtotheCitybyreason of theContractor'sbreach of thisContractand/orhisfailuretocomplystrictlyandinall thingswiththisContractandwiththeDrawingsandSpecifications. 1.05 LIQUIDATED DAMAGES A.Itis mutually agreed that timeis of the essence of this Contract andshouldthe Contractorfailtocompletetheworkwithinthespecifiedtime,oranyauthorized extensionthereof,thereshallbedeductedfromthecompensationotherwisetobepaid totheContractor,andtheCitywillretaintheamount of onehundreddollars ($100)per calendar dayasfixed,agreed,and liquidated damages foreachcalendardayelapsing beyondthe specified timefor completion orany authorized extension thereof,which sumshallrepresenttheactualdamageswhichtheCitywillhavesustainedbyfailure of theContractorto complete theworkwithinthespecifiedtime;itbeingfurtheragreed thatsaidsumisnotpenalty,butisthestipulatedamount of damagesustainedbythe City inthe event of such default bythe Contractor. 00000-2 B.Forthepurposes of this Article,theday of final acceptance of the work shallbe considered aday of delay,andthe scheduled day of completion of the work shallbe considered aday scheduled forproduction. 1.06 PARTIAL AND FINAL PAYMENTS A.InaccordancewiththeprovisionsfullysetforthintheGeneralConditions,andsubject to additions and deductions as provided,the City shallpaythe Contractor asfollows: 1.Within 60daysafterreceipt of theContractor's request forpartial payment by theCity,theCityshallmake partial paymentstotheContractor,onthebasis of theestimate of workasapprovedbytheCity'sEngineerorapproved representative,forworkperformedduringtheprecedingcalendar month,less tenpercent (10%)of the amount of such estimate which istoberetained by the City untilall work hasbeenperformedstrictlyinaccordancewiththis Agreement anduntilsuch work hasbeen accepted by the City. 2.Upon submission by theContractor of evidence satisfactory tothe City thatall payrolls,materialbillsandothercostsincurred by theContractorin connection with theworkhavebeenpaidinfull,andalso,afterallguaranteesthatmaybe requiredinthe specifications havebeen furnished andarefoundtobe acceptablebytheCity,final payment onaccount of this Agreement shallbe made within sixty (60)daysafter completion by the Contractor of all work coveredbythis Agreement andacceptance of suchworkbytheCity. 1.07 ADDITIONAL BOND A.Itisfurthermutually agreed betweenthe parties heretothatif,atanytimeafterthe execution of this Agreement andthePerformanceandPaymentBondsheretoattached foritsfaithfulperformance,theCityshalldeemthesuretyorsuretiesuponsuchbonds tobeunsatisfactory,orif,foranyreason,suchbond(s)ceasestobeadequatetocover theperformance of thework,theContractorshallathis expense,andwithinthree(3) daysafterthereceipt of NoticefromtheCitytodoso,furnishanadditionalbondor bonds,insuchformandamount,andwithsuchsuretiesasshallbesatisfactorytothe City.Insuchevent,nofurtherpaymenttotheContractorshallbedeemeddueunder thisAgreementuntilsuchnewor additional securityforthefaithfulperformance of the workshallbe furnished inthemannerandformsatisfactorytotheCity. 1.08 NO BOND REQUIRED PROJECTS A.Intheabsence of bond,theContractorherebyagreestoonlyreceivepaymentupon satisfactory completion of allwork,lesstenpercent(10%)of thetotalamount of contractuntil30daysafterworkwasfullycompleted. 00000-3 ESI WITNESS WHEREOFthepartiesheretohaveexecutedthis Agreement onthedayanddatefirst abovewritteninfive(5)counterparts,eachof,whichshall,without proof oraccountingfortheother counterparts,bedeemedanoriginalContract. (Seal) Attest: City Clerk WITNESS:(If corporation,attach Sealandattest by Secretary) APPROVED AS TO FORM AND LEGALITY: City Attorney City of SouthMiami City of South Miami, Party oftheFirstPart By: City Manager Contractor Party of the Second Part By: Title APPROVED AS TO FINANCE: By: Director of Finance City of South Miami (*)Inthe event thattheContractorisaCorporation,the following certificate of resolution of theBoard of Directors of theCorporation,authorizingthe officer whosignstheContracttodosoinits behalf shall be completed. 00000-4 STATE OF FLORIDA) )ss COUNTY OF ) CERTIFICATE (Sample) I HEREBY CERTIFY thata meeting of the Board of Directors of. ,a corporation under thelaws of theState of Florida ,held on ,20,thefollowing resolution wasduly passed andadopted: "RESOLVED,that ,as President of the corporation,beandheis hereby authorized to execute the Contract dated ,20, between theCitv of South Miami .a municipal corporation,andthis corporation,and that this execution thereof,attested bythe Secretary of the corporation and with corporate seal affixed,shall bethe official actand deed of this corporation." I further certify that said resolution is now infullforceand effect. IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixed the official seal of the corporationthisday of ,20. Secretary END OF SECTION 00000-5 (Thispage forCertificate ofLiability Insurance) 00000-6 SECTION 00000 TRENCH SAFETY ACT COMPLIANCE BidderacknowledgesthattheFloridaTrenchSafetyAct,Section553.60etseq.whichbecame effectiveOctober1,1990,shallbeineffectduringtheperiod of construction fortheproject. TheBidder,bysigningandsubmittingthebids,inwriting,assuringthatitwillperformany trenchexcavationinaccordancewithapplicabletrenchsafetystandards.Thebidderfurther identifiesthefollowingseparateitemcosts of compliance withthe applicable trenchsafety standards as well asthe methods of compliance: Methods of Compliance (fillin methods) Total $ Bidder acknowledges thatthiscostis included inthe applicable items of the Proposal andinthe Grand TotalBidPrice.Failure to complete the above will result inthebid being declared non- responsive. The Bidder is,andtheCityand Engineer arenot,responsible to review or assess Bidder's safetyprecautions,programsorcosts,orthemeans,methods,techniquesortechnique adequacy,reasonable of cost,sequencesorprocedures of anysafetyprecaution,programor cost,includingbutnotlimitedto,compliancewithanyand all requirements of FloridaStatute Section553.60etseq.citedasthe"TrenchSafetyAct".Bidderis,andtheCityandEngineer arenot,responsibletodetermine of anysafetyorsafetyrelatedstandardsapplytotheproject, includingbutnotlimitedtornthe "Trench SafetyAct". Signature of Authorized Representative (Manual) Name of Authorized Representative (TypedorPrinted) SworntoandsubscribedbeforemeintheSateandCountyfirstmentionedabove of the day of ,20. (affix seal) Notary Public My Commission Expires: END OF SECTION 00000-7 SECTION 00000 ACKNOWLEDGMENT OF CONFORMANCE WITH O.S.H.A.STANDARDS TO THE CITY OF SOUTH MIAMI: We,,hereby acknowledge and agree that as Contractors forthe construction of Engineer's Project ,within the limits of the City of South Miami, Florida,thatwehavethesole responsibility for compliance with allthe requirements of the Federal Occupational Safety and Health Act of 1970,andallStateandLocalSafetyandHealth regulations,andagreeto indemnify andhold harmless the City of South Miami andits Consulting Engineers against anyandalllegal liability orlosstheCityorthe Engineer may incurdueto failureto comply with such act. ATTEST CONTRACTOR ATTEST BY: NAME DATE END OF SECTION 00000-8 FROM :McCOURT TENNl! CONSTRUCTION,INC. 16155 SW 117 AVENUE SUITE 26 MIAMI,FL 33177 City of South Miami Attn:DougBaker 6130 Sunset Drive South Miami,FL 33143 FAX NO.:3053782395 July 30,200 Jul.31 2001 03:50AM PI DADE;(305)255-02: BROWARD:(954)443-17 FAX:(305)378-23! Dote*g£jgg£z Quick faxo%m» |To:x> co./oeptjr^t-^TSaJ-gc.From: CO/Dept,-t^SLOiCOj *3QS>UoQ-lZLaU Phone Re:Marshall Williamson Park Convert Existing Roller Hockey Rink to 2-Tennis Court Scope of Work/Bid Price McCourt Construction,Inc.proposes to provide all labor and materials at the above site,per the following scope of work mid prices. 1.Remove existing fence that divides existing roller hockey court and basketball court. 2.Remove and dispose of existing roller hockey boards. 3.Contractor wil 1first pressure clean court(s)to remove mildew and dirt prior to resurfacing. 4.Contractor will also flood court(s)and check for low spots,then will patch puddled areas as best possible,to a standard tolerance of1/8%or the depth ofa nickel. 5.Contractor will patch cracks with crack filler prior to resurfacing,and will roll entire court area with 1 !/3 ton mechanical roller to smooth surface imperfections. 6.Contractor will resurface existing court area,approximately 100-'x120'as to California Products Corporation specifications,using Plexipave materials with a 4-coat system as follows:1coat(s)Acrylic Resurfacer and 3coat(s)Fortified Plexipave (see enclosed brochure). 7.Court colors tobe:and (please specify). S.Contractor will also restripe all playing lines to meet USTA specifications,install 2 new sets of net posts,leaving court(s)ready for play. -^iiTiMiaiii &£? COURT TENNIS FAX NO.:3053732395 Jul.31 2001 03:50AM P2 Marshall Williamson Park Page Two 9.Contractor will install 2 top quality McCourt tennis net(s)with strap(s),leaving court(s)readyforplay. 10.Contractor agrees to provide tools,materials,labor and supervision to complete the aboveworkforasum of $15,000.00. 11.Customer agrees to a lump sum payment of $15,000.00 upon completion of the resurfacing. 12.Contractor guarantees workmanship and materials against defects for a period of THREE YEARS,save normal wear and tear,Acts of God,vandalism and/or any structural damage that may be pre-existing.Contractor cannot guarantee against future or the continuation of root damage,if trees/plants are around perimeter or cracking caused byageof asphalt. 13.After completion ofthe resurfacing,proper court use and maintenance tobe the sole responsibility of the Customer. 14.Price subject to chance if contract is not accepted within 90 days. 15.Work to commence ata date agreed upon by both parties,after Contractor receives a signedcopy ofthiscontractfromCustomer. 16.Contractor certifies that McCourt Construction,Inc.is licensed and insured to provide the following services as required by Dade County. 17.Failure to fulfill the terms of payment will void all guarantees. 18.Water and electricity for project to be provided by Customer. Accepted by__i £ucLl f^K- McCourf Construction,Inc. A%COURTA,