Resolution 2022-32272 RESOLUTION NO. 2022-32272
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE
CONSTRUCTION MANAGER AT RISK (CMR) AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH, FLORIDA AND BURKHARDT CONSTRUCTION, INC.,
TO ADD AND REMOVE PRE-CONSTRUCTION SERVICES FOR THE LINCOLN
ROAD IMPROVEMENTS PROJECT RESULTING IN A NET INCREASE TO THE
CONTRACT PRICE OF $358,145.00, TO BE PAID WITH PREVIOUSLY
APPROPRIATED FUNDING.
WHEREAS, on February 10, 2016, the City Commission authorized the issuance of
Request for Qualifications (RFQ) No. 2016-073-KB for Construction Manager at Risk (CMR) For
Construction of Lincoln Road District Improvements; and
WHEREAS, the solicitation encompassed pre-construction services in connection with the
contemplated construction of improvements and related infrastructure in the Lincoln Road district
(the "Project"), with construction phase services to be added at a later time via a Guaranteed
Maximum Price (GMP) amendment; and
WHEREAS, the Project encompasses the Lincoln Road pedestrian mall between Lennox
Avenue and Washington Avenue, and connector streets of Drexel, Pennsylvania, and Meridian
Avenues; and
WHEREAS, the original proposed design for the Project included enhancement of
pedestrian walkways and café zones, modifications to the existing planters and water features,
landscape and irrigation, storm and sewer drainage, lighting and signalization,
performance/multipurpose area at Euclid Avenue, outdoor furniture and outdoor seating areas,
crosswalk enhancements, and an artistic gateway folly at Lincoln Road and Washington Avenue
with visitor's guide and wayfinding; and
WHEREAS, on June 8, 2016 the City Commission adopted Resolution No. 2016-29447
authorizing the Administration to enter into negotiations with the top ranked proposer, Burkhardt
Construction, Inc. ("Burkhardt"), and on January 17, 2017, subsequent to negotiations, a
Construction Manager at Risk Agreement for preconstruction services was executed in the
amount of$250,190.00 (the "CMR Agreement"); and
WHEREAS, from August 2016 to March 2017 the pre-construction services were
performed in coordination with the designer, James Corner Field Operations (JCFO), The Lincoln
Road Business Improvement District (LRBID) and City staff, and in March 2017 Burkhardt
finalized the Schematic Design Probable Construction Estimate; and
WHEREAS, on October 28; 2016,following the completion of the schematic design phase
and value engineering efforts, the project team presented the design and estimated costs to the
Finance and Citywide Projects Committee, which gave direction to the project team to forgo the
value engineering options and design to the master plan recommendations; and
WHEREAS, in January 2018, the City Commission approved Amendment No. 1 to the
CMR Agreement to include additional preconstruction phase services for the Project in the lump
sum amount of$49,220,to extend the geographic area of the Project by adding the area of Lincoln
1
Road from Washington Avenue to Collins Avenue(200-300 Block), as contemplated in the Lincoln
Road Master Plan; and
WHEREAS, construction cost estimates prepared using the 50% construction documents
indicated a projected construction cost of $65M, resulting in the total project cost being •
approximately $27M over budget and as a result of the shortfall and extensive discussions, the
Lincoln Road Business Improvement District(LRBID) made a commitment to expand the limits of
the business improvement district and provide additional funding for programming; and
WHEREAS, on July 31, 2019, pursuant to the Administration's recommendation and
contingent on the commitment from the LRBID, the Mayor and City Commission approved and
authorized proceeding with the bidding and construction phases of the project, including a
reduction in scope and appropriation of additional funding, bringing the total 'project budget to
$67.6M; and
WHEREAS, the reduction of scope was associated with the elimination of the gateway
trellis that was to be located at the Washington Avenue entrance to Lincoln Road and of the
Washington Avenue to Collins Avenue (Lincoln Road 200-300 Block)scope; and
WHEREAS, in February 2020, the 90% construction documents were issued by JCFO
and the CMR commenced the preparation of the GMP bid packages and finalization of the
construction schedule; and
WHEREAS, on March 12, 2020, the City of Miami Beach declared a State of Emergency
in response to the Coronavirus 2019 Pandemic (COVID-19) and announced various emergency
measures to mitigate the spread of COVID-19, including the immediate closure of non-essential
retail businesses which impacted the commercial businesses along the Lincoln Road corridor;
and
WHEREAS, in light of overall market conditions and uncertainty within the construction
industry, Burkhardt advised the City to delay the Guarantee Maximum Price (GMP) process, in
order to ensure greater participation by potential bidders; and
WHEREAS, the project team agreed that postponing the bid process was in the best
interest of the Project and during the Summer of 2020, City staff and representatives of the
LRBID met numerous times to explore and discuss options; and
WHEREAS, in.light of the economic impact of the pandemic on the City,the Administration
advised the project team and the LRBID that the project budget would be limited to the $52.4
million in funding previously approved for the project; and
WHEREAS, on January 13, 2021, the City Commission directed the Administration to
reduce the scope of work and keep the project within the originally approved total budget of
approximately$52.4 million, of which approximately $34 million to $36 million would be available
for construction, with $5.2 million for water/sewer and drainage infrastructure work to be funded
from alternate funding sources; and
WHEREAS, the reduced scope of work includes the following:
• Infrastructure upgrades and improvements at Meridian and Drexel Avenues (water,
sanitary sewer& storm drainage)
2
• Meridian Avenue improvements
• Pedestrianization of Drexel Avenue
• Restoration/repair of fountains and repair of associated equipment
• Restoration of the Lapidus follies
• Upgrade existing light fixtures at existing locations
• Implementation of the concept for the Euclid Avenue oval
• Refurbishing the seating areas along the Lincoln Road corridor
• Refinish the existing piano keys using a more durable traffic coating
• Restoration of aluminum grates of at existing trench drains
• Lincoln Road directional and informational signage package
• A more significant Lincoln Road gateway sign at Washington Avenue, which also serves
as a component of the security barrier system
• A matching Lincoln Road gateway sign at Alton Road, which also serves as a component
of the security barrier system (this location and scope falls outside the original limits of the
project)
• Design and installation of a playground
• Security barrier system, including planters, bollards, furnishings, etc.
WHEREAS on December 8, 2021, the City Commission discussed the project and
directed the Administration to include $5.2M of RDA funding, previously set aside, allowing the
project to utilize the full, available budget of $57.6M, and to pursue an amendment to the
agreement for architectural and engineering design services with JCFO (the "JCFO Agreement")
to revise the design to reflect the project budget constraints; and •
WHEREAS, from February 2021 to May 2022, the City Administration and City staff met
numerous times with JCFO to finalize the scope and terms of the amendment to the JCFO
Agreement; and
WHEREAS, on June 22, 2022, the City Commission adopted Resolution 2022-32181
approving Amendment No. 3 to the JCFO Agreement for the revision of the design for the Project;
and
WHEREAS,the revised design requires that Burkhardt provide additional pre-construction
services for cost estimates at various stages, project scheduling, preparation of bid packages,
constructability reviews, and the preparation of a GMP; and
WHEREAS, City staff requested a proposal from Burkhardt for additional pre-construction
services for the revised design for the Project, and after numerous discussions, received a
proposal from Burkhardt(the"Burkhardt Proposal") reflecting a negotiated, not-to-exceed amount
of$399,520.00 as the fee for the additional pre-construction services (Exhibit A); and
WHEREAS, the City staff found the proposed fee for the additional pre-construction
services to be fair and reasonable; and
WHEREAS, the Burkhardt Proposal also reflects a credit in the amount of $41,375.00
associated with the removal of bidding, project phasing, scheduling, preparation of GMP tasks
and the elimination of the 200-300 block from the Project; and
WHEREAS, the net increase to the contract price of the CMR Agreement as a result of
the revised scope reflected in the Burkhardt Proposal that is the basis for Amendment No. 2 is
3
$358,145.00 (Exhibit B), and the revised total contract price for the CMR Agreement, including
the net increase associated with Amendment No. 2, if approved, will be $657,555.00; and
WHEREAS, the Administration recommends that the Mayor and City Commission
approve Amendment No. 2 to the CMR Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk
approves Amendment No. 2 to the Construction Manager at Risk(CMR)Agreement between the
City of Miami Beach, Florida and Burkhardt Construction, Inc., to add and remove pre-
construction services for the Lincoln Road Improvements Project resulting in a net increase to the
contract price of $358,145.00, to be paid with previously appropriated funding; and further and
authorizes the City Manager and City Attorney to take the necessary and appropriate steps to
finalize the first amendment; and further authorizes the Mayor and City Clerk ,to execute
Amendment No. 2 to the CMR Agreement upon form approval by the City Attorney.
PASSED and ADOPTED this 1 y day of Srigletn6E✓ , 2022.
- 'pan Gelber, Mayor
(It(ORP GRATED
ATTEST: ..9.<
,c ...6
APPROVED AS TO
Rafa . Granado, City Clerk FORM & LANGUAGE
SEP 2 1 2022 &FOR EXECUTION •
y'1 e / zoa2_
✓ City Attorney Da
4
Resolutions -C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: September 14, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE
CONSTRUCTION MANAGER AT RISK (CMR) AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA AND BURKHARDT
CONSTRUCTION, INC, FOR ADDITIONAL PRE-CONSTRUCTION
SERVICES RELATED TO THE REVISED DESIGN FOR THE LINCOLN
ROAD IMPROVEMENTS PROJECT IN THE NEGOTIATED, NOT-TO-
EXCEED AMOUNT OF $358,145.00, WITH PREVIOUSLY APPROPRIATED
FUNDING.
BACKGROUND/HISTORY
On February 10, 2016, the City Commission resolved to issue the Request for Qualifications
(RFQ) No. 2016-073-KB for Construction Manager at Risk (CMR) For Construction of Lincoln
Road District Improvements. The project encompassed Construction Management at Risk
services for the construction of the Lincoln Road District Improvements and its related
infrastructure inclusive of pre-construction services. Construction phase services shall be
included via a Guaranteed Maximum Price (GMP) amendment. The Lincoln Road District
Improvements project encompasses the Lincoln Road pedestrian mall between Lennox
Avenue and Washington Avenue, and connector streets of Drexel, Pennsylvania, and Meridian
Avenues.
The proposed design included enhancement of pedestrian walkways and café zones,
modifications to the existing planters and water features, landscape and irrigation, storm and
sewer drainage, lighting and signalization, performance/multipurpose area at Euclid Avenue,
outdoor furniture and outdoor seating areas, crosswalk enhancements, and an artistic gateway
folly at Lincoln Road and Washington Avenue with visitor's guide and wayfinding.
On June 8, 2016 the City Commission adopted Resolution No. 2016-29447 authorizing the
Administration to enter into negotiations with the top ranked proposer, Burkhardt Construction.
On January 17, 2017, subsequent to negotiations and discussions, a contract for
preconstruction services was executed in the amount of$250,190.00.
From.August 2016 to March 2017 the pre-construction services were performed in coordination
Page 284 of 1700
with the designer, James Corner Field Operations (JCFO), The Lincoln Road Business
Improvement District (LRBID) and City staff and on March 2017 Burkhardt Construction
finalized the Schematic Design Probable Construction Estimate.
On October 28, 2016, following the completion of the schematic design phase and value
engineering efforts, the project team presented the design and estimated costs to the Finance
and Citywide Projects Committee, which gave direction to the project team to forgo the value
engineering options and design to the master plan recommendations.
In January 2018, City Commission adopted Amendment No. 1 to include additional
preconstruction phase services for the Project in the lump sum amount of $49,220, to extend
the geographic area of the Project, as contemplated in the Lincoln Road Master Plan,to include
the area of Lincoln Road from Washington Avenue to Collins Avenue (200-300 Block).
Construction cost estimates prepared using the 50% construction documents indicated a
projected construction cost of $65M, resulting in the total project cost being approximately
$27M over budget. As a result of the shortfall and extensive discussions, the Lincoln Road
Business Improvement District (LRBID) made a commitment to expand the limits of the
business improvement district and provide additional funding for programming. On July 31,
2019, pursuant to the Administration's recommendation and contingent on the commitment from
the LRBID, the Mayor and City Commission approved and authorized proceeding with the
bidding and construction phases of the project, including a reduction in scope and appropriation
of additional funding, bringing the total project budget to $67.6M. The reduction of scope was
associated with the omission of the gateway trellis located at the Washington Avenue entrance
to Lincoln Road and the omission of the Washington Avenue to Collins Avenue (Lincoln Road
200-300 Blocks)scope.
The design advanced through 90% Construction Documents. Throughout the process, at each
design completion milestone, except for the 90% Construction Documents, JCFO and
Burkhardt Construction prepared independent cost estimates.
In February 2020, the 90% construction documents were issued by JCFO and the CMR
commenced the preparation of the GMP bid packages and finalization of the construction
schedule.
On March 12, 2020,the City of Miami Beach declared a State of Emergency in response to the
Coronavirus 2019 Pandemic (COVI D-19) and announced various emergency measures to
mitigate the spread of COVI D-19, including the immediate closure of non-essential retail
businesses which impacted the commercial businesses along the Lincoln Road corridor.
Market conditions and uncertainty within the construction industry resulted in the Construction
Manager At Risk(CMAR), Burkhardt Construction, Inc, advising the City to delay the Guarantee
Maximum Price (GMP) process, in order to ensure greater participation by potential bidders.
The project team agreed that postponing the bid process was in the best interest of the project.
During the Summer of 2020, City staff and representatives of the LRBID met numerous times
to explore and discuss options. In light of the economic impact of the pandemic on the City,the
Administration advised the project team and the LRBID that the project budget would be limited
to the $52.4 million in funding already available to the project.
Page 285 of 1700
On January 13, 2021, the City Commission directed the Administration to reduce the scope of
work and keep the project within the originally allocated total budget of approximately $52.4
million, equating to a construction budget of $34 million to $36 million, inclusive of $5.2 million
for water/sewer and drainage infrastructure work to be funded separately from alternate funding
sources. The reduced scope of work was as follows:
• Infrastructure upgrades and improvements at Meridian and Drexel Avenues (water, sanitary
sewer&storm drainage)
• Meridian Avenue improvements
• Pedestrianization of Drexel Avenue
• Restoration/repair of fountains and repair of associated equipment
• Restoration of the Lapidus follies
• Upgrade existing light fixtures at existing locations
• Implementation of the concept for the Euclid Avenue oval
• Refurbishing the seating areas along the Lincoln Road corridor
• Refinish the existing piano keys using a more durable traffic coating
• Restoration of aluminum grates of at existing trench drains
• Lincoln Road directional and informational signage package
• A more significant Lincoln Road gateway sign at Washington Avenue, which also serves as a
component of the security barrier system
• A matching Lincoln Road gateway sign at Alton Road, which also serves as a component of
the security barrier system (this location and scope falls outside the original limits of the project)
• Design and installation of a playground
• Security barrier system, including planters, bollards,furnishings, etc.
On December 8, 2021, the City Commission discussed the project and directed the
Administration to include $5.2M of RDA funding, previously set aside, allowing the project to
utilize the full, available budget of $57.6M, and pursue an agreement with JCFO to revise the
design to reflecting the project budget reductions.
ANALYSIS
From February 2021 to May 2022, the City Administration and City staff met numerous times
with JCFO to finalize the scope and terms of the amendment to the Professional Service
Agreement with JCFO.
On June 22, 2022, the City Commission adopted Resolution 2022-32181 approving
Amendment 3 to the Agreement with JCFO for the revision of design for the Lincoln Road
Improvements project.
The revised design requires additional pre-construction services for cost estimates at various
stages, project scheduling, preparation of bid packages, constructability reviews, and the
preparation of a GMP.
City staff requested a proposal from the CMR for additional pre-construction services for the
revised design for the Lincoln Road Improvements project, and after numerous discussions,
received a proposal from the CMR in the negotiated not-to-exceed amount of $399,520.00
(Exhibit A). The proposal was found to be fair and reasonable.
This Amendment shall also include the removal of scope of work not performed in the original
Page 286 of 1700
base scope of services in the amount of $41,375.00. The scope removal is associated with
bidding, project phasing, scheduling, preparation of GMP and the omission of the 200-300
blocks from the project.
The net value for Amendment No. 2 is $358,145.00 (Exhibit B) which takes into account the
removed scope.
The revised total amount of the agreement, including this Amendment No. 2, is $657,555.00.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Amount(s)/Account(s):
Amount 1 $286,516.00 Account 1 164-0820-069357-00-410-549-00-00-00-29300-RDA Cash
Funded CC Project
Amount 2$71,629.00 Account 2 309-0820-069357-00-410-549-00-00-00-29310-RDA Bond CC
Project
Total$358,145.00
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the resolution.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Legislative Trackino
Capital Improvement Projects
ATTACHMENTS:
Description
❑ Exhibit A- Burkhardt Proposal
❑ Exhibit B -Amendment No. 2- Lincoln Rd- Burkhardt
Page 287 of 1700
EXHIBIT A
HURKHAI {I )T
=:C 1 .i:—Pi_ :i=D[
Vincent G.Burkhardt
President "`
July 26,2022 "=
City of Miami Beach
1755 Meridian Avenue,3rd Floor
Miami Beach, FL 33139
Attn: CIP Department
RE: Scope and fee proposal for pre-construction services RFQ No. 2016-073-KB
Construction Manager at Risk(CMR) for construction of Lincoln Road District
Improvements
To whom it may concern:
Burkhardt Construction,Inc.,acting as Construction Manager at Risk(CMR),is pleased to
provide the attached scope and fee proposal to the City of Miami Beach(Owner)for pre-
construction services necessary to implement the Lincoln Road District Improvements outlined
by the City of Miami Beach Commission and outlined by City staff on an email dated January 14,
2022.
Burkhardt Construction,Inc.preconstruction services are composed of the following:
1. TASK I $ 199,560.00
2. TASK II $ 85,800.00
3. TASK III $ 56,000.00
4. TASK IV $ 58,160.00
Total $ 399,520.00
Please feel free to contact me directly should you have any questions regarding any of the
information included in this letter or the attached schedule of pre-construction fees and services.
Respectfully,
Burkhardt Construction, Inc.
Marc R. Kleisley
Vice President
1400 Alabama Avenue•West Palm Beai ha bRIN3141).R(561)659-1400•Fax(561)659-1402
EXHIBIT A
MU! HAR )T
PRECONSTRUCTION PHASE SCOPE OF SERVICES
TASK I—$ 199,560.00
This task includes coordination with the design team. The CMR will participate in bi-
weekly team progress meetings. These meetings will be attended by CMR, Design professionals,
Owner and others as requested.
A. Design Meetings: HOSTED BY JAMES CORNER FIELD OPERATIONS
• The CMR anticipates meeting up to award of GMP contract,with the total
estimated meetings being thirty(30).
B. Permit Tracking and Coordination: BY JAMES CORNER FIELD OPERATIONS
C. Issue Tracking and Resolution: BY JAMES CORNER FIELD OPERATIONS
D. Participate in Community Meetings and Presentations
• The CMR anticipates four(4) -2 day meetings.
E. Schematic Design and Design Development Site Visits
• The CMR anticipates four(4)-2 day site visits
• The Electrical subcontractor will perform a detail review of existing
electrical infrastructure including electrical rooms,panels,conduit paths and
service connections in order to assess current spare capacity and available
conduit paths. They anticipate 7 weeks(32 hrs/wk)
• The fountain subcontractor will propose what existing fountain mechanical
equipment repairs are feasible based on existing site findings. They
anticipate 5 weeks(16 hrs/wk)
TASK II—$85,800.00
II. This scope includes the preparation and presentation of cost estimates at various stages of
design. The following activities will take place,but will not be limited to:
A. Cost Estimating: The CMR will conduct quantity surveys at Schematic Design
(Order of Magnitude cost estimate)and Design Development at 50%construction
document stages. At the Design Development stage of the plans,we obtain numbers
like square footage of concrete,number of trees proposed on site,and other quantities
that will be used. Upon completion of the quantity surveys,the CMR will use their
extensive in-house cost history to produce the Order of Magnitude cost estimate. The
estimate will be on an Excel worksheet and will be broken out into different
categories that are specific to the work that is going to be performed under each
category.At the 50%construction document stage this scope will include an
update/refinement of the Order of Magnitude cost estimate.The CMR will examine
the 50%and 100%construction documents and conduct quantity surveys again to
determine if there are any substantive changes that may materially
1400 Alabama Avenue•West Palm BeaChagrbrtd233401P(561)659-1400•Fax(561)659-1402
EXHIBIT A
HUHKI IAR---3uT
Cif
TASK II(cont.)
affect budget or time.The CMR will conduct these cost estimates based on the
quantity surveys established at these design stages.These estimates will include all
materials and information that has been discussed and outlined in the design meetings
up to that point.(Two(2)total cost estimates are included).
B. Review of Construction Documentation/Value Engineering: The CMR will examine
the construction documents,specifications,and site conditions at each plan stage to
evaluate and proactively determine any conflicts,errors,misrepresentations,or
potential difficulties designed or present in the site conditions.The items discovered
in this process will be included in the next meeting agenda which will act as a
• clearinghouse for discussion and resolution.After the quantity surveys and project
estimating are complete,the CMR will then look at the designed and specified
construction materials,methods,and systems being used and use Burkhardt
Construction Inc.'s established"lessons learned"to develop a potential value
engineering list of alternatives to be made available for a decision by the team. The
CMR will not suggest any products that will reduce quality and does not view this
exercise as a cost cutting measure. Value Engineering will continue to take place
throughout the design process.The CMR will inspect the construction documents to
make sure that all prior constructability comments and recommendations have been
incorporated into them.The review process will continue until all comments and best
practices have been incorporated.
TASK III—$56,000.00
III. The CMR will produce a pre-construction project schedule that includes deliverables to
the Owner in conjunction with the Owner and the Designer. Long lead items and potential early
start items may be identified as well and included in this schedule.The City will not be
participating in any Owner Direct Purchasing of materials. The CMR will review the construction
documents and come up with construction phasing and schedule based on the design.The
schedule will be in a bar chart format and will point out specific milestones in construction for the
project as well as anticipated project duration.
TASK IV—$58,160.00
IV. This scope consists of the CMR preparing the Guaranteed Maximum Price and the final
construction budget based on the 100%construction documents provided by the Owner/Design
Team.The GMP shall consist of detailed line items for all major work to be performed.The GMP
will follow the same format as the cost estimates.The following activities will take place,but will
not be limited to:
A. Public Advertisement:The CMR will place an ad in a south Florida newspaper. Each
ad will run for ten days over two consecutive weekends as a public notice to
1400 Alabama Avenue•West Palm Beaga,KRd9334013(561)659-1400•Fax(561)659-1402
EXHIBIT A
BIUI �K Hfi�I- UT
TASK IV(cont.)
subcontractors to pre-qualify with the CMR.Ads can be run in additional newspapers
at the Owner's request as well.
B. Subcontractor Pre-Qualification:The CMR will use a pre-qualification questionnaire
to qualify subcontractors who wish to bid on the projects.The questionnaire has
subcontractors address items like bonding capacity,insurance requirements,current
schedule of work on hand,how many full time employees the firm has working for it,
and other items that the CMR feels are necessary to have a good subcontracting pool
with which to issue bid packages.The CMR will also respond to any questions the
subcontractors have about prequalifying.The CMR will then create a list of
prequalified bidders and review them with the team to determine if a larger pool is
required.
C. Bid Package Preparation: The CMR will conduct quantity surveys on the 90%
construction plans using the same procedures used in the IOPCC and the 60%Cost
Estimate to form scopes of work for each trade.These quantities are an in-house
product used as an independent verification for use in analyzing subcontractor bids.
These quantities will be put in an Excel spreadsheet and distributed to the qualified
subcontractors as the bid form with the Invitation to Bid,and Instructions to Bidders.
The bid packages that will be developed will be tailored to the market of prospective
bidders.
D. Issuance of Bid Packages: The CMR will conduct pre-bid meetings with prequalified
subcontractors and conduct pre-bid tours of the project site.The CMR will then issue
bid packages to all qualified subcontractors that will include the Invitation to Bid,
Instructions to Bidders,and the bid form.Any questions that arise during the bidding
phase will be answered in an addendum that will be sent to all bidding
subcontractors.A date will be set to receive bids from all subs. This date will be firm
and any subcontractor who submits after this date will be disqualified.
E. Analyzing of Subcontractor Bids: After the CMR receives all qualified bids(i.e.The
bidding subcontractor responds on time with a complete bid)they will then begin
analyzing and comparing the subcontractor bids.The CMR will first be sure that all
bids received are complete and that they acknowledge any and all addenda.Then the
CMR will set up a bid comparison spreadsheet to compare which subcontractors are
low in their scope of work.The CMR will conduct post bid meetings with individual
subcontractors to confirm scope coverage and where necessary,create a scope
coordination matrix to avoid any overlap of scope.After preparing and analyzing the
comparison spreadsheets,the CMR will prepare a recommendation for the apparent
low bidder in each scope of work.
F. Preparation of the Guaranteed Maximum Price(GMP):After going through all these
steps,the CMR will compile the GMP for the Owner. Included in this GMP will be
the CMR's general conditions,construction phase fee,profit and contingency.The
GMP will be presented to the owner in a book and will include all of the information
listed above.
1400 Alabama Avenue•West Palm Beaeh?RbE f 40PD(561)659-1400•Fax(561)659-1402
EXHIBIT A
I LURK HaH
City of Miami Beach
Scope and fee proposal for pre-construction services
RFQ No. 2016-073-KB
Construction Manager at Risk(CMR)
for Construction of Lincoln Road District Improvements
Submitted: July 26,2022
Burkha :t Construction=Inc.
%/ Air
dAir
/.�
Marc R. Klei -y Title:Vice President
Accepted by:
City of Miami Beach
By:
Printed Name
Title:
Date:
Upon your acceptance of this letter of agreement, Burkhardt Construction,Inc.shall begin work
immediately. Please return one original for our files.
1400 Alabama Avenue•West Palm BeaCha tbrtdi3341 P(561)659-1400•Fax(561)659-1402
EXHIBIT A
BUI ?KHARI )T
City of Miami Beach
Scope and fee proposal for pre-construction services
RFQ No.2016-073-KB
Construction Manager at Risk(CMR)
for Construction of Lincoln Road District Improvements
Hourly Rates for Additional Requested
Pre-Construction Services
Name Position Rate
Vincent G.Burkhardt President $300.00
Sharon H.Burkhardt Secretary/C.P.A. $200.00
Marc R. Kleisley Vice President/Lead PM $200.00
Anthony Sabatino Senior Project Manager $150.00
Bill Zammit Snr.Vertical Project Manager $150.00
Adam Rossmell Project Manager $120.00
CJ Rhody Project Manager $120.00
Brandon Rhodes Project Manager $120.00
Kevin Brennen Asst. Project Manager $ 90.00
Nicholas Fasulo Asst. Project Manager $ 90.00
Ruben Almazan Const.Field Mgr. $100.00
Mike Vazquez Const.Field Mgr. $100.00
Karl T.Kaminski Utilities Const.Field Mgr. $100.00
Michael Parsons Utilities Const.Field Mgr. $100.00
Hemant Tank Estimator/Cost Engineer $ 75.00
Resident/Merchant Outreach $ 75.00
Sarah B.Hoadley Accounting Manager/M.B.A. $ 90.00
Katy Pantaleon Accounting $ 75.00
Brittany Darville Admin.Ass't/Clerical $ 50.00
Crystal Caldwell Admin.Ass't/Clerical $ 50.00
1400 Alabama Avenue•West Palm BeaChaffb382 4)PP(561)659-1400•Fax(561)659-1402
EXHIBIT A
Guitian, Ariel
From: Marc Kleisley <marc@burkhardtconstruction.com>
Sent: Tuesday,August 23, 2022 9:37 AM
To: Guitian,Ariel
Cc: Vega, Paola;Adam Rossmell;Gomez, David
Subject: Re: Lincoln Rd - proposal
Ariel,
We confirm and acknowledge that the balance remaining in the original agreement and Amendment 1 totaling
$41,375.00 associated with project phasing,scheduling and the 200-300 block is work that will not be performed and
shall show as a credit in Amendment 2. Our proposal dated July 26,2022 in the amount of$399,520.00 will not be
credited for work not performed.
Marc
On Tue,Aug 23,2022 at 9:14 AM Guitian,Ariel<ArielGuitian@miamibeachfl.gov>wrote:
Marc—As discussed,Amendment 2 will include a language stating that this amendment credits for work not performed
in the original agreement and Amendment 1 in the amount of$41,375.00 associated with project phasing,scheduling
and the 200-300 block.
Burkhardt's proposal that was received on July,26,2022 in the amount of$399,520.00 will not be credited for work
not performed.
Please confirm?
Thanks
Ariel Guinan, Senior Capital Projects Coordinator
OFFICE of CAPITAL IMPROVEMENT PROJECTS(CIP)
Page 2d4 of 1700
EXHIBIT A
Guitian, Ariel
From: Marc Kleisley <marc@burkhardtconstruction.com>
Sent: Tuesday,August 23, 2022 9:37 AM
To: Guitian,Ariel
Cc: Vega, Paola;Adam Rossmell;Gomez, David
Subject: Re: Lincoln Rd - proposal
Ariel,
We confirm and acknowledge that the balance remaining in the original agreement and Amendment 1 totaling
$41,375.00 associated with project phasing,scheduling and the 200-300 block is work that will not be performed and
shall show as a credit in Amendment 2. Our proposal dated July 26,2022 in the amount of$399,520.00 will not be
credited for work not performed.
Marc
On Tue,Aug 23,2022 at 9:14 AM Guitian,Ariel<ArielGuitian@miamibeachfl.gov>wrote:
Marc—As discussed,Amendment 2 will include a language stating that this amendment credits for work not performed
in the original agreement and Amendment 1 in the amount of$41,375.00 associated with project phasing,scheduling
and the 200-300 block.
Burkhardt's proposal that was received on July,26, 2022 in the amount of$399,520.00 will not be credited for work
not performed.
Please confirm?
Thanks
Ariel Guitian, Senior Capital Projects Coordinator
OFFICE of CAPITAL IMPROVEMENT PROJECTS(CIP)
Page 2a5 of 1700
EXHIBIT B
AMENDMENT NO. 2
TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
BURKHARDT CONSTRUCTION, INC.
DATED JANUARY 17, 2017
FOR THE PROVISION OF ADDITIONAL PRECONSTRUCTION PHASE SERVICES
RELATED TO REVISED DESIGN FOR THE LINCOLN ROAD IMPROVEMENTS
PROJECT IN THE NEGOTIATED, NOT-TO-EXCEED AMOUNT OF $358,145.00
THIS Amendment No. 2 to the Agreement is made and entered this day of
, 2022, by and between the CITY OF MIAMI BEACH, a municipal corporation
existing under the laws of the State of Florida (the "City"), having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida 33139, and BURKHARDT
CONSTRUCTION, INC. having its principal office at 1400 Alabama Avenue, Suite 20,
West Palm Beach, Florida 33401 (the"Construction Manager").
RECITALS
WHEREAS, on January 17, 2017, pursuant to Request for Qualifications (RFQ) No.
2016-073-KB, the Mayor and City Commission adopted Resolution No. 2016-29447,
approving and authorizing the Mayor and City Clerk to execute an Agreement with Burkhardt
Construction, Inc.,for Construction Manager at Risk Services for the Construction of Lincoln
Road District Improvements Project (the Agreement); and
WHEREAS, the Agreement provides for the Construction Manager to act as
Construction Manager At-Risk to the City in order to construct the improvements based on
the Contract Documents being prepared by James Corner Field Operations (the
"Consultant") for the Construction of Lincoln Road District Improvements Project (the
"Project"), inclusive of preconstruction phase services and construction phase services with
a Guaranteed Maximum Price (GMP) for the Project; and
WHEREAS, the preconstruction phase fee for the Agreement was executed for a
lump sum amount of $250,190; and
WHEREAS, on January 2, 2018, the City Manager approved Amendment No. 1 to the
agreement, in the amount of $49,220.00 to included additional preconstruction phase services
to extend the geographic area of the Project, to include the area Lincoln Road from
Washington Avenue to Collins Avenue (200-300 Block); and
WHEREAS, construction cost estimates prepared using the 50%construction documents
indicated a projected construction cost of $65M, resulting in the total project cost being
approximately$27M over budget; and
WHEREAS, on July 31, 2019, the Mayor and City Commission approved and authorized
proceeding with the bidding and construction phases of the project, including a reduction in scope
and appropriation of additional funding, bringing the total project budget to$67.6M; and
Page 1 of 3
Burkhardt Construction,Inc.,Amendment No.1
Page 296 of 1700
EXHIBIT B
WHEREAS,the reduction of scope was associated with the omission of the gateway trellis
located at the Washington Avenue entrance to Lincoln Road and the omission of the Washington
Avenue to Collins Avenue (Lincoln Road 200-300 Blocks)scope; and
WHEREAS, in February 2020, the 90% construction documents were issued by JCFO
and the CMR commenced the preparation of the GMP bid packages and finalization of the
construction schedule; and
WHEREAS, on March 12, 2020, the City of Miami Beach declared a State of Emergency
in response to the Coronavirus 2019 Pandemic(COVID-19)and announced various emergency
measures to mitigate the spread of COVID-19, including the immediate closure of non-essential
retail businesses which impacted the commercial businesses along the Lincoln Road corridor;
and
WHEREAS, market conditions and uncertainty within the construction industry resulted in
the Construction Manager advising the City to delay the Guarantee Maximum Price (GMP)
process, in order to ensure greater participation by potential bidders; and
WHEREAS,during the Summer of 2020, the Administration advised the project team and
the LRBID that the project budget would be limited to the$52.4 million in funding already available
to the project;and
WHEREAS, on January 13, 2021, the City Commission directed the Administration to
reduce the scope of work and keep the project within the originally allocated total budget of
approximately $52.4 million, equating to a construction budget of $34 million to $36 million,
inclusive of$5.2 million for water/sewer and drainage infrastructure work to be funded separately
from alternate funding sources; and
WHEREAS, on December 8, 2021, the City Commission discussed the project and
directed the Administration to include $5.2M of RDA funding, previously set aside, allowing the
project to utilize the full, available budget of $57.6M, and pursue an agreement with JCFO to
revise the design to reflecting the project budget reductions; and
WHEREAS, from February 2021 to May 2022, the City Administration and City staff met
numerous times with JCFO to finalize the scope and terms of the amendment to the Professional
Service Agreement with JCFO; and
WHEREAS, on June 22, 2022, the City Commission adopted Resolution 2022-32181
approving Amendment 3 to the Agreement with JCFO for the revision of design for the Lincoln
Road Improvements project; and
WHEREAS, the revised design requires additional pre-construction services for cost
estimates at various stages, project scheduling, preparation of bid packages,
constructability reviews, and the preparation of a GMP; and
WHEREAS, City staff requested a proposal from the CMR for additional pre-construction
services for the revised design for the Lincoln Road Improvements project; and
WHEREAS, City staff received a proposal from the Construction Manager in the
negotiated not-to-exceed amount of$399,520.00; and
Page 2 of 3
Burkhardt Construction,Inc.,Amendment No.1
Page 297 of 1700
EXHIBIT B
WHEREAS, this Amendment No. 2 shall also include the removal of scope of work not
performed in the original base scope of services in the amount of$41,375.00; and
WHEREAS, the scope removal is associated with bidding, project phasing, scheduling,
preparation of GMP and the omission of the 200-300 blocks from the project; and
WHEREAS, this Amendment No. 2 to the preconstruction services phase of the
Agreement will revise the total contract sum to the not-to-exceed total amount of $657,555.00;
and
NOW,THEREFORE,the parties hereto, and in consideration of the mutual promises,covenants,
agreements,terms, and conditions herein contained, and other good and valuable consideration,
the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this
Amendment No. 2.
2. MODIFICATIONS
The Agreement is amended, as provided herein and in attached additional
preconstruction services proposal.
3. OTHER PROVISIONS. •
All other provisions of the Agreement, as amended, are unchanged and shall remain in
full force and effect.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by
this Amendment No. 2.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Dan Gelber, Mayor
ATTEST: CONSULTANT:
Burkhardt Construction, Inc.
Page 3of3
Burkhardt Construction,Inc.,Amendment No.1
Page 298 of 1700