2013-0130 Special City Commission Meeting

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Summary Minutes:Special City Commission Meeting January 30,2013 Sunny Isles Beach,Florida Commissioner Scholl said that his point is that if we are going to peg a number, we need to peg it with reasonable certainty, he doesn't want a fight, we have got a relationship, we signed a deal, he would rather salvage the deal with a degree of certainty on the outside number. Vice Mayor Aelion said how can you prevent somebody that comes in the middle of the project and the inspector says wait a minute, you have to do this or that, how do you prevent that? Commissioner Scholl said this is a design-build, that is his point. Mayor Edelcup said there is a guaranteed maximum price period,and the contractor can't go above that, and Commissioner Scholl said the contractor takes on all the risks. We contracted to build the Pier, it is different, it is a different relationship on the contractor's part, as well as Heritage Park, it is a different relationship with the Contractor. And so in that we expose ourselves to these issues that come along the way and again, like all professions,contracting has got their own perspective on how to go about things. He feels that it is in our best interest to move forward under the existing agreement given the issues associated with trying to unravel something like that but at the same time he thinks we need to move forward with certainty on the number. City Attorney Ottinot said like the Mayor indicated, I am at$16.5 Million and that is what the contract requires,and with permission to allow the City Manager to increase the budget, we will obviously have to go back and amend the contract. Mayor Edelcup said what we are trying to do here today is, we know we have a contract for S 16.5 Million for a particular facility that we have now made some changes at our request, and we have estimated that cost to be the difference between$16.5 Million and$20 Million. We need to create a guideline for management to start their negotiations, he hears what Commissioner Scholl is saying and we all want to have a firm number, but we need to have a guideline of where we are going because for $20 Million you can build a certain kind of a facility,and for$30 Million or for$10 Million you can build another kind of facility. But we are trying to target in on yes we want this Buick but we don't want the Chevy and we don't want the Rolls Royce. City Manager Russo said we will contemplate the program as stated in here. Commissioner Scholl said the other issue is he thinks that, and he has a lot of respect for Ed Castineira's ability, those plans have got to be clear because he doesn't want to get shorted, all of a sudden there are elements that get watered down because they were not clear in the plans. We need to be very solid in our acceptance of those plans,you know when you finish the next set Ed,and so we are looking for a high degree of authenticity so that we know what we are getting, because if we think we are getting gold plated railings and they end up made out of lead, etc., and Ed Castineira said no problem. Mayor Edelcup said what is important that Commissioner Scholl just said is the fact that we gave them a laundry list which is part of this exhibit,of all the various things that we wanted to make sure were included, to try to address a lot of those specific things. City Manager Russo said we have done as much detail as we possibly could with them and we will continue to monitor them very closely but that is why it was very important to emphasize in his memo that we are not changing the program, and it is very complete. The laundry list was made an addendum to the Resolution and it is very clear. Mayor Edelcup said we also have to recognize when we finally approve the redesign plans that has to be very specific as possible because once we approve that, there are no more changes. Commissioner Scholl said he is in favor of giving staff the $20 Million maximum and it sounds reasonable, he is 4