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<br />Special City Commission Meeting Summary Minutes <br /> <br />April 4, 2002 <br /> <br />City of Sunny Isles Beach, Florida <br /> <br />Commissioner Edelcup said that Section 7.5.4 needs some words of "reasonableness", and <br />City Manager Russo said that it would be put in. <br /> <br />Commissioner Edelcup said that in Section 7.6.1 there is another "TBD" under miscellaneous <br />costs. The City Manager said that they are going to change that whole section to say <br />"reimbursed at the prevailing industry rate." City Attorney Dannheisser said that the Workers <br />Comp, etc., would be reimbursed at the prevailing rate, and then the cost of the Contractor's <br />subguard insurance would also be reimbursed at the prevailing industry rate, and that is the <br />bond basically. <br />Commissioner Edelcup asked for clarification regarding Section 7.6.8 where we are being <br />asked to perhaps pay for some legal mediation or arbitration costs and Mr. Martling explained. <br />City Attorney Dannheisser said that this is all within Article 7, which is part of the GMP. <br /> <br />Commissioner Edelcup asked if the retainage of 10%, on page 10, was on everything <br />(materials, labor, overhead, etc.). He said that could amount to 10% of the $10 Million. Mr. <br />Martling explained that the only thing that the 10% is not on, is their general condition costs <br />which they expend monthly. <br /> <br />Mayor Samson asked if all of these clarifications were being written down. City Attorney <br />Dannheisser said she has it all written, and City Manager Russo said the document the <br />Commission would receive will be ready for the next meeting. <br /> <br />Commissioner Edelcup asked about the bonus for completion. City Manager Russo said he <br />put in the General Conditions a section which will read as follows: The Contractor <br />acknowledges that failure to complete the project within the construction time set forth in the <br />approved schedule may result in substantial damages to the Owner, for all of which damages <br />the Contractor shall be liable within Contractor's scope of responsibilities. He said this <br />language gives the City a 10% retainage, a deadline, and a provision for damages. He <br />suggested that the Contractor wants to get in and get out of this project. There is no bonus, <br />only penalty and Contractors liability. Commissioner Edelcup suggested to raise the liability <br />to $5 million. <br /> <br />Vice Mayor Iglesias asked what stage the plans were in, and City Manager Russo said City <br />staff had reviewed the proposed space allotments, and there is a schematic drawing that the <br />Commissioners could review after the meeting. Vice Mayor Iglesias asked if environmental <br />studies had been done to test the site for any contamination. City Manager Russo said yes, <br />and there was minimal contamination; and the geo-technical test is being done now. <br /> <br />Commissioner Goodman asked when will the construction of Tony Roma Restaurant begin <br />and Mr. Martling responded that October 15, 2002 is the target date. Mr. Martling again said <br />that it would take about 6 months to complete construction of the restaurant building. <br />Commissioner Edelcup asked that the City obtain a guarantee that Roma would rapidly <br />complete their build-out so the new City Hall construction could begin. City Manager Russo <br />said there would be a guarantee for Roma to sign. <br /> <br />3 <br />