GMP Amendment No. 2 c2oO—27 Y3 f
GMP AMENDMENT NO. 2
GMP AMENDMENT NO. 2, TO THE AGREEMENT FOR PRE-CONSTRUCTION SERVICES BETWEEN THE
CITY OF MIAMI BEACH, FLORIDA, AND THE WEITZ COMPANY FOR CONSTRUCTION MANAGER AT RISK
SERVICES FOR THE SOUTH POINTE PARK PIER.
THIS GMP AMENDMENT NO. 2, made and entered into as of this January , 2014 amends
that certain Pre-Construction Services Agreement between Owner, the CITY OF MIAMI BEACH,
FLORIDA (also,. City) and Construction Manager, The Weitz Company (hereinafter Construction
Manager or CM), made as of the 14th-day of May, 2012 (the Agreement) for the SOUTH POINTE
PARK PIER (hereinafter the Project), as amended by GMP Amendment No. 1, made and entered into
as of 12th day of September, 2012 (the Agreement and GMP Amendment No. 1 may also be
collectively referred to as the "GMP Agreement").
RECITALS
WHEREAS, the Mayor and City Commission, at its December 14, 2011 meeting, authorized
the Administration to issue Request for Qualifications No. 18-11/12, for a Construction Manager at Risk
(CM) firm to provide pre-construction services and construction phase services via a Guaranteed
Maximum Price (GMP) contract for the Project; and ,.
WHEREAS, on February 8, 2012, the Mayor and City Commission approved Resolution No.
2012-27831, authorizing the Mayor and City Clerk to execute a Pre-Construction Services Agreement
with The Weitz Company for the Project, pursuant to the RFQ; and
WHEREAS, on September 12, 2012, pursuant to Resolution No. 2012-28005, the Mayor and
City Commission approval GMP Amendment No. 1 to the Agreement, in the amount of $4,809,017,
which outlined the terms for the construction phase scope of work for the Project; and
WHEREAS, GMP Amendment No.1, provided that the CM shall achieve Substantial Completion
of the Work no later than 410 calendar days from the issuance of NTP No. 2 (the Contract Time); and
WHEREAS, the following GMP Amendment No. 2 to the Agreement requests approval for an
additional 91 excusable non-compensable calendar days and extension of the Contract Time.
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 part'of this GMP Amendment
No. 2.
2. MODIFICATIONS
Section 20) of GMP Amendment No.1 is amended as follows: The CM shall achieve Substantial
Completion of the Work for this South Pointe Park Pier Project contemplated in this GMP
Amendment No.1, no later than 365 501 calendar days from the issuance of NTP # 2, the Date
of Commencement (the "Contract Time"), and Final Completion, not later than thirty (30)
calendar days from the date of Substantial Completion. Failure to meet either the Substantial
Completion or Final Completion dates shall be a material breach of this Agreement and
liquidated damages will be assessed thereinafter.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The CITY and CM ratify the terms of the Agreement, as amended by this GMP Amendment No.
2.
IN WITNESS WHEREOF, the parties hereto have caused this GMP Amendment No. 2 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEA H
Irl-1- � 8 y By
Cifi Clerk City anage
ATTEST: CONS RUCTION MANAGER AT RISK:
THE WEITZ COMPANY
By --
T LE: cOP- �J �Wi� c�,:. TITLE:
NTP� -
Print Name Print Name -
Attachment 1 -GMP Amendment 1
Attachment 2 -AIE recommendation for time extension
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
City Attorne �- Date
F:1CAPI''Sall\Project Files\South Pointe Park Pier10.0 Contracts, RFP's, RLI's, RFQ's10.2 Contract\WEITZ COMPANYIWeitz Agreement GMP Amendment 2 -
January 2014.docx
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Contract Time Extension No. 1
To: Matilde E. Reyes, RA, LEED AD/CIP
From: William P. Pitcher, P.E./Atkins
Date: Friday, December 6th , 2013
Ref: South Pointe Park Pier Project
Subject: Construction Manager's Request for Change to Contract Time
I. ISSUE BACKGROUND:
1.1 Amendment No. 1 to the GMP Agreement for Preconstruction Services between the City of (Miami
Beach, Florida and the Weitz Company for Construction Manager at Risk Services (CM) was made and
entered into by both parties, on September 12, 2012.
1.2 Amendment No. 1 setforth the " Date of Commencement " for the GMP Agreement and this date
was issued in the form of Notice to Proceed (NTP) No. 2 on November 02, 2012.
1.3 Amendment No. 1 setforth a duration of 410 calendar days to achieve Substantial Completion of the
Work commencing from the date of NTP No. 2. The time in calendar days between NTP No. 2 and
Substantial Completion is defined as the"Contract Time".
1.4 Amendment No.1 stipulates that Final Completion of the Work should be achieved no later than 30
calendar days from the date of Substantial Completion. Based on the date of NTP No. 2, the project should
achieve Substantial Completion no later than December 17, 2013 and Final Completion no later than
January 16, 2014.
1.4 Failure to meet either the Substantial Completion or Final Completion dates shall be a material
breach of the Agreement and liquidated damages would be assessed thereinafter. Upon failure of the CM to
Substantially Complete the Work within the specified period of time, he shall pay the City the sum of$800.00
for each calendar day after the time specified.
1.5 In conformance with General Conditions Article 37 entitled Change Orders; Article 39 entitled
Notification and Claim for Change of Contract Time; Article 40 entitled No Damages for Delay and Article 41
entitled Excusable Delay: ComQensable: Non-Comoensable; the CM has submitted a written request for a
change in the Contract Time, due to events which were caused by circumstances beyond his control or the
control of his subcontractors, suppliers or vendors.
II. CONSTRUCTION MANAGER REASONING FOR CONTRACT TIME EXTENSION:
At this time, the CM has requested a change to the Contract Time to address two (2) specific circumstances
which caused delay of the Work and these are discussed below:
11.1 Delay due to DERM Reef Module re-deployment: The CM has requested and was granted via
Construction Change Directive No. 001, the use of Contingency Funds, in the amount of$36,347.00 for the
purchase and deployment of marine mattresses which were added to the contract work. The marine
mattresses were added in order to certify to regulatory agencies (county, state and federal) that the DERM
Reef Modules would remain stable under normal, storm wave and current conditions. This additional
contract work involved the, procurement, transportation and deployment of marine mattresses as well as, the
re-deployment of the DERM Reef Modules so that they could be positioned on top of the marine mattresses.
The CM initially requested 71 additional calendar days to complete the additional work and this
South Pointe Park Pier Page 1 of 3
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Contract Time Extension No. 1 Y
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was amended, through a review and evaluation process, to 65 calendar days. Refer to Exhibit 1 for a
summary of the timeline in justification of the requested time extension.
The CM has formally submitted a request for a change in the Contract Time, in the form of a 65 day contract
time extension, due to events related to DERM Reef Module re-deployment. The additional contract work
associated with the above described events was caused by circumstances beyond his control or the control
of his subcontractors, suppliers or vendors.
11.2 Delays due to inclement weather: Pursuant to General Conditions, Article 40, extensions to the
Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a
change in the Contract Time_ These requests for time are justified only when inclement weather conditions
prevent the Contractor from productively performing controlling items of work identified on the project
schedule. A weather day is when the Contractor is unable to work at least fifty percent (50%) of the normal
workday on controlling items of work identified on the project schedule , due to adverse weather conditions.
The CM has formally submitted a request for a change in the Contract Time, in the form of a 26 day contract
time extension, due to events related to the delays due to inclement weather which were caused by
circumstances beyond his control or the control of his subcontractors, suppliers or vendors.
111. EVALUATION OF CONTRACT REQUIREMENTS:
111.1 The claims for change in Contract Time was submitted by the Construction Manager (CM) in
conformance with General Conditions, Article 37 entitled Change Orders, Article 39 entitled Notification and
Claim for Chance of Contract Time, Article 40 entitled No Damages for Delay and Article 41 entitled
Excusable Delay;Compensabie:Non-Compensable.
111.2 The change in Contract Times meets the definition of Non-compensable Excusable Delay as defined
by General Conditions, Article 41. This Article defines excusable delay and non-compensable excusable
delay as follows:
Article 41.1 Excusable Delay: Delay which extends the completion of the Work and which is caused by
circumstances beyond the control of the Contactor or its subcontractors, suppliers or vendors are
Excusable Delay.
Article 41.1(a) Non-compensable Excusable Delay; When Excusable Delay is (i) caused by
circumstances beyond the control of the Contractor, its subcontractors, suppliers and vendors and is
also caused by circumstances beyond the control of the City or Consultant or (ii) is caused jointly or
concurrently by Contractor or its subcontractors suppliers or vendors and by the City or Consultant, then
Contractor shall be entitled only to a time extension and no further compensation for the delay.
IV. ANALYSIS OF PROPOSED COST/CREDIT:
IV.1 The claims for change in Contract Time meet the definition of Non-compensable Excusable Delay
and therefore there is no proposed cost or proposed credit associated with these claims for change in
Contract Time.
South Pointe Park Pier Page 2 of 3
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Contract Time Extension No. 1 Y
V. ANALYSIS OF SCHEDULE IMPACTS:
V.1 The impact to the project schedule constitutes an extension to the Contract Time to the sum of 91
additional calendar days. A summary of the extended time associated with two (2) critical work items follows,
VI.1.1 Delay due to DERM Reef Module re-deployment- 65 calendar days.
VI.1.2 Delays due to inclement weather days -26 calendar days.
VI. TECHNICAL REVIEW OF CONTRACTOR PROVIDED DOCUMENTATION:
V1.1 Atkins has reviewed the documentation presented in support of the Construction Manager's claims
for change in Contract Time and concurs that the time lost (delays) on the work items described herein was
beyond the control of and through no fault or negligence of the Construction Manager.
V1.2 The Construction Manager's documentation is deemed to be sufficient and in substantial
conformance with the requirements of General Conditions, Articles 39, 40 and 41, which setforth the
contractual requirements for changes in the Contract Time.
VII. RECOMMENDATION:
V11.1 Atkins recommends the City grant the Construction Manager a change of Contract Time in the
amount of)Wadditional calendar days which would take the form of a Change Order to the GMP Agreement.
V11.2 A Change Order to the GMP Agreement should change the Contract Time from NTP No. 2 to
Substantial Completion from 410 to 501 calendar days, thereby extending the date to achieve Substantial
Completion from December 17, 2013 to March 18, 2014.
VIII. COMMENTARY:
V111.1 The City has been notified that additional requests for changes in Contract Time may be forthcoming
from the Construction Manager as a result of events that have already occurred that he deems were caused
by circumstances beyond his control or the control of his subcontractors, suppliers or vendors. The
Construction Manager has not yet fully quantified this delay time.
South Pointe Park Pier Page 3 of 3
EXHIBIT I
GMP AMENDMENT No. I -- - -
"EXHIBIT I"TO THE AGREEMENT FOR PRE-CONSTRUCTION SERVICES BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA, AND THE WEITZ COMPANY FOR CONSTRUCTION-MANAGER AT RISK SERVICES
PURSUANT TO RESOLUTION NO. 2012-27831 FOR THE SOUTH POINTE PARK PIER.
THIS GMP AMENDMENT NOA, made and entered into as of this 12th day of September, 2012 ("GMP
Amendment No. 1") amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA
(also, City)and Construction Manager,The Weitz Company(hereinafter Construction Manager or CM), made as
of the 14th day of May,2012,for the following described Project:
,
SOUTH POINTE PARK PIER
1 WASHINGTON AVENUE, MIAMi BEACH, FLORIDA
PARCEL ONE
For the Point of Beginning commence at a 10' squares concrete monument located on the northerly boundary of the U.5, corps of Engineers Reservudan, being
an a bearing of South 8513' East, and a distance of 16.62 Feet from the westernmost corner of Lot B, Block 4 of South Beach Park Subdivision as Shawn ht
Plot Book 6, Page 77, of the public record« of Dade County, said monument designated "C" having coordinates of X-784,140.39, and Y-821,1112.47.Said
rnonurocnt also Ilex approximately South 24`27'26' West, a dlatance.of 59230 feet South of, and North 65'36'16" East. a distance of 554.97 fact we9t of the
northeast corner of the Northwest 1/4 of Section 10. Township 54 Smith. Range 42 East From soil Point of Begirming,thence run clang the northerly
I boundc-ay of cold Innd South 65'306" East, passing through a monument designated "A", of n cifetanco of 713.87', a total distance of 1,476.52 Peet, more or
les;+, to its Intersectlon with they erasion control line established for the.Miami Beach renourlshment prmject as shown an Dade County Flat File hhunber 1
24-5342-12, Sheet t of 19, dated 25 July 1977; nun thence South 23'91'12' East, along sold erooton control Ilne and Its extenslon, a distance of 630.14 feet,
more er lass. to tho Moan High Wator line of the northcriy shoreline of the "Goycrn.mant Cut" for the Entrance Channel of Miami Harbor; run thence
' ' ' 1,945.66 t more or less to a point an the I
northwes;erl clan said Mean High dater line on an approximate bearing of North 653519 Nest a distance of feet, p i
y g 4 PR 9 1
Mean High Viater line which Iles South 24'25'54" West. a distance of 50 fe.t. more or less, from U. S. Corps of Engineers monument "Kgq(na`, thence run
Noith 24'25'50 " East, a dlAijnce of 50 feet, more or less, to rnonurn4mt vwgglns"; .thence continue North 2425°50" Edat, 37D.43 feet to monument ''C", urnd
the Point of Beglnning.
I
The abuse-described tract or reel of lund comtalna 18,52 acres. inure or less. The bearings and distances stated herein are based on the Mercator Gild
System of the East Zone of Florida.a
PARCEL T=
For o Point of Reference commence of monument -G. as dascrfbed in Porcel One above, run thence along the northeQsteriy line of the U. $. Corps of
Engineers Recervatlen, North 65'35'12:" West,'a dlstance of 151.63 fast^more or loco. to a steel pin set in concrete;designated monument "G";.thence run
South 97`38'37" West d d1otanaa of 208.58 foot along tho northwesterrly boundary of the U. S. Garpo of Englncors Rcuorvatlon to rnonurreor,t "'Ncsz", having
coordinated of X-784,093.41 and Y-521,966,52, sdld polnt benq the Point of Doglnnlrcg of the tract boing da,oadbod heroin, From hold Point of Qcginning, rut,
thence South 5741',0" West, a distance of 216.20 feet to U. S. Corps of Engineers rnanumeni p Vlrgll 11, having, coordinates of X-783,902.72 and Y-521,945.63,
ther+ce,continua South 57'41'41" West n cifstnnoe of 4.0 feet, more or less, to the fgce of an existing steel bulkhead and the approximate north share of the
Entrance Channel to Miami Harbor; thence run North*esterly along the north shore of MTaml Harbor on an approximate bearing of North 32105'48" 'Nest, a
distonco of 132.34' moro or lase, to a paint which Ilan South $7'38'37." Wost, a distance,-of 265.09 fact from monument'Wost'; thence mm North 87'38'37"
East along the northwes$erly boundary of the U. S_ Corps.of Engineers Reservation passing thru a concrete monument designated 'IF" at a distance of 121 feet
more or less. for a total dlsUince of 265.09 feet to monument "West", and the Point of Be+glnning.
The nboye-described tract or parcel of land coptrilps 0.35 carp, more or lees. The bearings anii distnncea stated herein are tensed on the Mercator Grid
Systems of the East Zane of Florida.
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WHEREAS, the Owner and the CM have agreed to amend the Agreement in the manner set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, in the
Agreement and the other Contract Documents and for such other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged,the Owner and the CM do hereby agree as follows:
1. This GMP Amendment No. 1 is executed in connection with, and is deemed to be part of the
Agreement and the Contract Documents. Wherever the terms of this GMP Amendment No. 1 and the terms of
the Contract Documents are in conflict, the terms of this GMP Amendment No. 1 shall govern and control. The
1
CM not to exceed the sum of $4,809,017. (GMP Amendment No. 1), based upon the
entire Scope of the Work as described in the Contract Documents, as amended herein,
and including, but not limited to, the Construction Documents and the Specifications,
subject only to additions and deductions by Contract Amendment(s) or Construction
Change Directive, as provided in the Contract Documents. The GMP for GMP
Amendment No.1 is more particularly itemized in the Schedule of Values prepared in
accordance with the terms of the Agreement, which Schedule of Values is attached
hereto as Attachment V11111-GMP Amendment No.1, and made a part of the Contract
Documents by this reference. Inci.uded in the Schedule of Values and specifically
identified herein, the Contingency as defined in Article 1.19 of the Pre-Construction
Services Agreement is in the amount of($202,527).
M. Should the CM realize any savings from the negotiated Schedule of Values,incorporated
as Attachment VIII, the City shall receive 75% of said savings with no line item integrity.
The City reserves the right to audit all contract related documents at any time during the
Project and at the end of the Project.
n. The CM shall provide Commercial General Liability Insurance, Automobile Liability
f
Insurance, Worker's Compensation Insurance, and Builder's Risk Insurance, in
compliance with the provisions of Article 11, Insurance and Bonds of the General
Conditions of the Contract for Construction.
o. The CM shall provide the Public Construction Payment Bond and the Public Construction j
Performance and Guarantee Bond, in compliance with the provisions of Article II,
Insurance and Bonds of the General Conditions of the Contract for Construction.
P. By executing this GMP Amendment No.1,the CM acknowledges that it has ascertained
and verified all existing underground utilities and has coordinated ail correct locations for
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points of connection for all utilities, if any, required for this Project and has identified all
clarifications and qualifications for this Project, if any. Utility Locations shall be identified
by the CM and all existing utility connections will be capped as needed, as noted in the
Qualification and Assumptions Statement.
q. To the extent that the Owner has authorized the CM, in writing, to perform the Work
contemplated in this GMP Amendment No.1, for this Project with the CM's own forces,
the salary and wage schedule for the CM's personnel performing such portion of the
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Work, agreed upon by the City and the CM, shall be as set forth on Attachment V-GMP
Amendment No.1, attached hereto, and is made a part of the Contract Documents by
this reference. The CM warrants and represents that the salary and wage schedule
includes the comparable market rates (including any and all benefits, contributions and'
insurance)charged by the CM for comparable contracts to other business and individuals
for similar services, and that such rates are not higher than the standard paid for this
Project South Pointe Park Pier.
r. Except as expressly provided herein above all of the terms, conditions, covenants,
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agreements and understandings contained in the'Pre-Construction Contract Documents
(and as may have been amended pursuant to GIMP Amendment No.1 and this GMP
Amendment No.1), shall remain unchanged and in full force and effect, and the same
hereby expressly ratified and confirmed by the City and CM.
S. This GMP Amendment No.1 may be executed in several counterparts, each of which
shall be deemed an original but all of which shall constitute one and the same instrument.
(Remainder of this page left intentionally blank)
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IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written.
ATTEST: THE CITY OF MIAMI BEACH
Rafael E. }Cip
,,,,...•••...•;�". Jorge R.Exposito
�� •.,.�C Vice-Mayor
INCORP ORATED:
.� ...
ATTEST: Chf 26 CONSTRUCTION MANAGER I
The-Weitz Company. 1
CGC1509819
Jonathan Sharon
Project Manager
BY:
John To i,Jr-Vice President
a
APPROVED AS TO
FORM & LANGUAGE
FOR EXEC TION
et me
Date
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