2013-0409 Special City Commission Meeting

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SUMMARY MINUTES Special City Commission Meeting Tuesday, April 9, 2013, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup City Manager Christopher J. Russo Vice Mayor Isaac Aelion City Attorney Hans Ottinot Commissioner Jeanette Gatto City Clerk Jane A. Hines, CMC Commissioner Jennifer Levin Deputy City Manager Stan Morris Commissioner George "Bud" Scholl Deputy City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE Action: Arie Steiger led the Pledge of Allegiance to the flag. Mayor Edelcup gave opening remarks of decorum. 3. RESOLUTIONS 3A. 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., Attached Hereto as Exhibit "A"; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Eduardo Castineira distributed a booklet of renderings of the project.] City Clerk Hines read the title, and City Manager Russo reported that after 18 months of planning,meetings,adjustments,revisions to the plans,we now have the third and final amendment to the Design-Build Agreement which was executed recently by Mayor Edelcup and Jose Milton,Principal Contractor. These amendments and approvals are subject to the approval of this Commission tonight. The fundamental terms of the revised Agreement encompassed within the Third Amendment is amongst a number of legal language changes which he will not get into, however, the fundamental changes are as follows: 1. A revised Guaranteed Maximum Price for the project of$18,710,186.00 was reduced to $17,343,701.30 based on a credit for all the design services paid previously by the City; 2. We have eliminated from the project but we will still be going forward with a Pedestrian Overpass Bridge on the westbound lanes of Sunny Isles Boulevard/SR826; 3. We have in the revised schedule the Contractor applying for a Building Permit no later than October 1, 2013, and final completion of the project shall be no later than 365 days from the date of the issuance of the Building Permit; 4. We have required payment for performance bonds within five(5)days of issuance of the Building Permit;