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<br />RESOLUTION NO. 2002- E33 <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, APPROVING THE <br />PROPOSED CONSTRUCTION AGREEMENT BETWEEN <br />OWNER-CONTRACTOR ON A COST OF THE WORK PLUS A <br />FEE WITH THE NEGOTIATED GUARANTEED MAXIMUM <br />PRICE BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH <br />AND THE WEITZ COMPANY, L.L.C., APPROVING A <br />CONSTRUCTION BUDGET AND GRANTING THE CITY <br />MANAGER THE AUTHORITY TO INCREASE THE BUDGET AS <br />NECESSARY IN AN AMOUNT NOT TO EXCEED TEN PERCENT <br />(10%) OVER THE PROPOSED BUDGET CONTAINED WITHIN <br />THE CONSTRUCTION AGREEMENT; AUTHORIZING THE <br />CITY MANAGER AND CITY ATTORNEY TO UNDERTAKE ALL <br />THINGS NECESSARY TO EFFECTUATE THE AGREEMENT; <br />PROVIDING AN EFFECTIVE DATE. <br /> <br />WHEREAS, by Resolution No. 2002-419, the City Commission approved the ranking of <br />construction management firms for the construction of the City Hall and Tony Roma's <br />Restaurant, located at 18050 Collins Avenue, wherein the Weitz Company was selected as the <br />number one ranked firm, to work in concert with Spillis Candela, the city's architects (whose <br />contract was approved by Resolution 2001-398); and <br /> <br />WHEREAS, the Weitz Company and the City of Sunny Isles Beach have negotiated an <br />agreement based on the cost of construction plus a fee with a negotiated guaranteed maximum <br />price; and <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. APVroval of Agreement. The agreement between Owner and Contractor based on <br />the costs of work plus a fee, with a negotiated guaranteed maximum price, attached hereto as <br />Exhibit "A," be, and the same, is hereby approved. <br /> <br />Section 2. Approval of Construction Budget. The City Commission hereby authorizes the <br />construction budget set forth in the agreement, and authorizes the City Manager to exceed this <br />budget if necessary, by no more than ten percent (10%) of the contract price. <br /> <br />Section 3. Effectuation of Agreement. The City Commission authorizes the City Manager <br />and the City Attorney to do all things necessary to effectuate the terms of this agreement. <br /> <br />Owner -Contractor Agreement <br />LMD:chleb/pw <br />412/02 -- 12:23 PM <br /> <br />1 <br />