2013-0321 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Mwing March 21, 2013 City of Smny Isla Beach, Florida 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Approving the First Amendment to the Agreement with Development Counsellors International (DCI) for Public Relations Services, in an Amount Not to Exceed $42,800.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement: Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Community Services Director Susan Simpson reported that this is the renewal of DCI's contract with the same terms. In response to Vice Mayor Aelion's question she noted that DCI works primarily with Ibis Romero of the Sunny Isles Beach Tourist and Marketing Council. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013 -2035 was adopted by a voice vote of 5 -0 in favor. l OB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Third Amendment to Design -Build Agreement between the City of Sunny Isles Beach and 4M Investors, LLC., in Substantially the Same Form Attached Hereto as Exhibit "A ": Providing for 15 Days Acceptance Period for Contractor to Accept Third Amendment Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerks Note: A revised Cover Memo, Resolution, and Amendment were distributed prior to meeting.] City Clerk Hines read the title, and City Attorney Ottinot reported that recently they had a very productive meeting with the Contractor. At the meeting the Contractor informed them that there are four (4) critical issues that they are requesting revisions from the original contract: 1.) design cost for the Pedestrian Bridge; 2) payment and performance bond after completion of the Project; 3) termination for convenience clause; and 4) liability for unknown conditions on the site. Staff agreed to modify the contract with certain modifications that addressed two (2) of the critical issues. The City agreed to reduce the bond 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 completion of the Project. The City has modified the site conditions liability exposure from a cost standpoint. He has included in the Third Amendment basically the same language that was in the agreement between the City and Coastal Construction with respect to the construction at Heritage Park. However, the City has not agreed to the Contractor's request to eliminate the termination for convenience clause and the request for additional fees for the design of the Pedestrian Bridge. Nevertheless the City has agreed to pay the Contractor 579,335.30 to finish the design of the Pedestrian Bridge. To this end 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 certain revisions the Project may be more expensive. This proposed Resolution before the Commission which we gave a copy of the Third 7