Reso 2013-2036 - Laserfiche WebLink

Home Browse Search

SUNNY iStE City of Sunny Isles Beach S.E Commission of tr -,_�se Norman S.Edelcup.Mayor a - s 18070 Collins Avenue, Suite 250 Isaac Action. Vice Mawr ti - — , Sunny Isles Beach, Florida 33160 Jeanette Gatto. Commissioner Jennifer Levin,Commissioner - (305)947-0606 City Hall George-Bud-Scholl.Commissioner •� '5., (305)949-3113 Fax sy erid R\ 'yce (305)947-2150 Building Department ChristopherJ.Russo City Manager ejrr of SUM O (305)947-5107 Fax Jane A.Hinnes.CMC'C,�Clerk MEMORANDUM TO: The Honorable City Commission FROM: Christopher J. Russo, City M gere'1 Hans Ottinot, City Attorney DATE: March 21. 2013 RE: Revised Third Amendment to the Design-Build Agreement between the City of Sunny Isles Beach and 4M Investors, LLC As you may know, we met with representatives of 4M Investors, LLC ("Contractor") to discuss pending issues relating to the Gateway Project. At the meeting, representatives of the Contractor informed us there were four critical issues that they are requesting revisions from the original contract. These critical issues are: (1) design cost for the Pedestrian Bridge; and (2) payment and performance bond after completion of the Project; and (3) termination for convenience clause; and (4) liability for unknown conditions on the site. It is important to note that the Contractor is seeking to change provisions that it had agreed to in the original contract. As a result of the meeting, the City agreed to modify its Third Amendment to reduce the bonds amount from 50% of the GMP to 15% of the GMP after completion of the Project. The City has agreed to pay the additional costs associated with the bonds after the completion of the Project. Further, the City has modified the site conditions liability exposure from a cost standpoint. However, the City is rejecting the Contractor's request to eliminate the termination for convenience clause and request for additional fees for the design of the Pedestrian Bridge. The City has agreed to pay $79,335.30 to finish the design of the Pedestrian Bridge. As a point of information, it is critical that all remaining terms of the original agreement stays intact. The original agreement provides the City with the ability to manage the Project. If the City's ability to manage the project is diminished by revisions requested by the Contractor, the Project will be more expensive. _ Q___ _ Agenda Item to J Date