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2002-019RESOLUTION NO. 2002-19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT NO. 3 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/NE 188TM STREET IMPROVEMENTS PHASE III; ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE Ill; 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. 3 to Agreement for Construction Management Services and the establishment of the Guaranteed Maximum Price for Phase III; and WHEREAS, the City Commission, upon review, wishes to authorize the City Manager to execute Amendment No. 3 to the Agreement for Construction Management Services and establish the Guaranteed Maximum Pdce for Phase III with James A. Cummings, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2002-19 Page 2 Section 1. The City Commission hereby authorizes the City Manager to execute the attached Amendment No. 3 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 ProjectJNE 188th Street Improvements Phase III. Section 2. The Guaranteed Maximum Price for Phase III as outlined in the attached document, for construction of the Community Recreation Center Project has been established at $1,339,217. 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 Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow absent yes yes yes yes yes yes Resolution No. 2002- Page 3 PASSED AND ADOPTED this 2nd day of April, 2002. T~,~A M. SO/RO~, C~C CT~CLERK ~ ~ APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AMENDMENT NO. 3 TO AGREEMENT BETWEEN OWNER AND CONSTRUCITON MANAGER Pursuant to Paragraph 2.2 of the Agreement, dated November 6, 2001, between City of Aventura {Owner~ 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 Maxtmum Price for the Work, including the estimated Cost of the Work as def'med in Article 6 and the Construction Manager's Fee as defined in Article 5, is One Million Three Hundred Thirty- Nine Thousand Two Hundred Seventeen Dollars ($1,339,217.00). 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 N.E. 188t~ Street including Entrance Road and Loop Guaranteed Maximum Price Proposal dated March 22, 2002, as prepared by James A. Cummings, Inc. consisting of the following: 1. Project Summary dated March 22, 2002, Page 2. 2. List of Documents dated March 22, 2002, Page 3. 3. Qualifications and Clarifications dated March 22, 2002, Pages 4 through 5. 4. Guaranteed Maximum Price Proposal Breakdown and General Conditions dated March 22, 2002, Pages 1 through 4 (GMP), pages 1 through 3 (General Conditions). 5. Preliminary Schedule dated March 22, 2002, one page. The Parties agree that the A[A Document A201-1997 Edition will be utilized in lieu of AIA Document A201-1987 Edition. Where this Agreement (AIA 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 March 22~ 2002~ shall take precedence over all other documents. ARTICLE Il CONTRACT TIME The date of Substantial Completion established by this Amendment is Two Hundred Nineteen (219) 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 Seven (7) Calendar Days following Substantial Completion. CONSTRUCTION MANAGER: JA~.S William R. Derrer, President AIA DOCUMENT A121/CMc and AGC DOCUMENT 565 · OWNER - CONSTRUCTION MANAGER AGI~EEMENT · 1991 EDITION AIA®· ©1991 ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D,C. 20~O6-$209 AGC® · ®1991 ® THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E. STREET, N.W. WASHINGTON, D.C. 2006-5209 · WARNING: Unlicensed photocopying violate5 U. S. copyright lawl and will subject thc violator to legal pro~ecution. A121/CMc AGC 565- 1991