2002-011RESOLUTION NO. 2002-11
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AMENDMENT
NO. 2 TO THE AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES BETWEEN OWNER (CITY OF
AVENTURA) AND CONSTRUCTION MANAGER (JAMES
A. CUMMINGS, INC.) FOR THE CONSTRUCTION OF THE
COMMUNITY RECREATION CENTER PROJECT;
ESTABLISHING THE GUARANTEED MAXIMUM PRICE
FOR PHASE II AT $5,138,682; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Manager has negotiated Amendment No. 2 to Agreement
for Construction Management Services and the establishment of the Guaranteed
Maximum Price for Phase II; and
WHEREAS, the City Commission, upon review, wishes to authorize the City
Manager to execute Amendment No. 2 to the Agreement for Construction Management
Services and establish the Guaranteed Maximum Price for Phase II with James A.
Cummings, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No. 2002-11
Page 2
Section 1. The City Commission hereby authorizes the City Manager to
execute the attached Amendment No. 2 to the Standard Form of Agreement between
Owner (City of Aventura) and Construction Manager (James A. Cummings, Inc.) for the
construction of the Community Recreation Center Project Phase II.
Section 2. The Guaranteed Maximum Price for Phase II as outlined in the
attached document, for construction of the Community Recreation Center Project has
been established at $5,138,682.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Rogers-Libert, who moved
its adoption. The motion was seconded by Commissioner Gressman, and upon being
put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Manny Gressman yes
Commissioner Harry Holzberg yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Jeffrey M. Perlow yes
Resolution No. 2002-
Page 3
PASSED AND ADOPTED this 5th day of February, 2002.
,,J~I3~R E-Y rvff'. PERLOW,
ATTEST~
TE~F::~A M. SO~r[~, CM(~-
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
AMENDMENT NO. 2 TO AGKEEMENT
BETWEEN OWNER AND CONSTRUCITON MANAGER
Pursuant to Paragraph 2.2 of the Agreement, dated November 6, 2001, between City of Aventura (Owne~) and
James A. Cummings, Inc. (Construction Manager), for City of Aventura Community/Recreation Center (The Project),
the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as
set forth below:
ARTICLE I
GUARANTEED MAXIMUM PRICE
The Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as
defined in Article 6 and the Construction Manager's Fee as defmed in Article 5, is Five Million One Hundred Thirty-Eight
Thousand Six Hundred Eighty-Two Dollars ($5,138,682.00). This Price is for the performance of the Work in
accordance with the Contract Documents listed and attached to this Amendment and marked Exhibit A as follows:
Exhibit A
City of Aventura/Recreation Center Revised Guaranteed MaxmUum Price Proposal dated January 28, 2002,
as prepared by James A. Cummings, Inc. consisting of the following:
1. Project Summary dated January 28, 2002, Page 2.
2. List of Documents dated January 28, 2002, Pages 3 through 11.
3. Qualifications and Clarifications dated January 28, 2002, Pages 12 through 19.
4. Revised Guaranteed Maximum Price Proposal Breakdown and General Conditions dated
January 28, 2002, Pages 1 through 21 {GMP), pages 1 through 3 (General Conditions).
5. Preliminary Schedule dated January 28, 2002, one page.
The Parties agree that the AIA Document A201-1997 Edition will be utilized in lieu of AIA Document A201-1987 Edition.
Where this Agreement (A1A Document 121CMc) makes reference to AIA Document A201-1987 Edition, it is mutually
agreed that the appropriate article of AIA Document A201-1997 Edition shall be utilized.
Qualifications and Clarifications dated January 28, 2002, shall take precedence over all other documents.
ARTICLE ii
CONTRACT TIME
The date of Substantial Completion established by this Amendment is Two Hundred Fifty-Two (252) Calendar Days from
the issuance of the Notice to Proceed or the issuance of the required Building Permits, which ever is later. Final
Completion shall be Thirty (30) Calendar Days following Substantial Completion.
OWNER:
CITY
By:
ATTEST:
CONSTRUCTION MA~iF~:
~"/William R. Derrer, President
A121/CMc
AGC 565- 1991