GMP Amendment 3 with The Weitz Company ply d-W�7
GMP AMENDMENT NO. 3 /_t s-_,y
GMP AMENDMENT NO. 3, 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. 3, made and entered into as of this FcbrL4ary 7 , 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
the 12th day of September, 2012, and GMP Amendment No. 2 made and entered into as of the 8th day
of January, 2014 (the Agreement, GMP Amendment No. 1 and GMP Amendment No. 2 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 (the Agreement); and
WHEREAS, on September 12, 2012, pursuant to Resolution No._2012-28005, the Mayor and
City Commission approved 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 (the 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, on January 8, 2014, GMP Amendment No. 2 to the Agreement was executed,
which extended the Contract Time by 91 calendar days; therefore requiring the CM to achieve
Substantial Completion of the Work no later than 501 calendar days from the issuance of NTP No. 2;
and
WHEREAS, the following GMP Amendment No. 3 to the Agreement, for a total of $47,588, is
required for structural modifications necessary to construct bent "zero", required due to significant
differing site conditions (Bent "zero" is the first structural member that supports the Pier structure at the
jetty); and
WHEREAS, the GMP Agreement shall be amended, via a Change Order, in the amount of
$47,588 and, additionally,. such Change Order will also amend the GMP from $4,809,017, to
$4,856,605; and
WHEREAS, approval of this Amendment will also amend the Contract Time by an additional
seven (7) calendar days, for a total revised Contract Time of 508 calendar days to achieve Substantial
Completion of the Work from the issuance of NTP No.2.
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:
• Page 1
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this GMP Amendment
No. 3.
2. MODIFICATIONS
A. 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 504 508 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.
B. Section2(I) of GMP Amendment No.1 is amended as follows: The Guaranteed Maximum
Price (GMP) for the Scope of Work contemplated in this GMP Amendment No. 1, for the
Project South Pointe Park Pier, is hereby guaranteed by the CM not to exceed, the sum of
$4,856,605 (GMP Amendment No. 1), based upon the entire Scope of Work as
described in the Contract Documents, as amended herein and including; but not limited to, the
Construction Documents and the Specifications, subject only to additions;and deductions. by
Contract Amendment(s) or Construction Change Directive, as provided 'in the Contract
Documents. The GMP for GMP Amendment No.1 is more particularly itemized in the Schedule
of Values prepared in accordance with the terms of the Agreement, which Schedule,of Values is
attached hereto as Attachment VIII-GMP Amendment No.1, and made .a part,of the Contract
Documents by this reference. Included in the Schedule of Values and specifically identified
herein, the Contingency as defined in Article 1.19 of the Pre-Construction Services Agreement
is in the amount of($ 202,527).
3. OTHER PROVISIONS.
All other provisions of the GMP Agreement, as amended, are unchanged.
4. RATIFICATION.
The CITY and CM ratify the terms of the GMP Agreement, as amended by this GMP
Amendment No. 3.
IN WITNESS WHEREOF, the parties hereto have caused this GMP Amendment No. 3 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY O MIAMI B CFI
...
e'. s B
Y
City lierk INCGRP�iORATED ' Cit anag r fz
� �.......... '�Cj
ATTEST: C1-12� CONST UCTION MANAG ISK:
THE WEITZ COMPANY
By
TITLE:LXAfLck- tow h -ChpAt1C- TITL 5.1�.
APPROI/ED AS TO
Print Name Print Name FORM &LANGUAGE
&FO -ECUTION
Attachment 1 -The Weitz Company-Proposal for Bent Zero with revised plan _
Attachment 2 -Atkins North America Proposal Review and Recommendation
Page 2
—-� City-Attorney:�\ Date
4
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i
BUILD IN G®®® COMPANY. ATTACHMENT 1
o • e e e • • •
November 4,2013
Atkins North America
2001 Northwest 107 Ave
Miami,FL 33172
Attention:William Pitcher
RE: Potential Change Order#CU#7(rev.1)
RFI#21 Response-Bent 0 Revisions/Atkins letter dated 9/3/13
South Pointe Pier Project-F112300 •
Dear Bill,
This letter is to provide official notification of a potential project change as follows:
PCb Number: CLI#7-Bent 0 Revisions -
Date: July 18,2013
Description: Bent 0 Revi ns-Revised Atkins Sk ches S-8.1 &S-8.2
Proposed Amt: SVI M0 4- $-
Days Requested: •7 Calendar Days
Reference: RFI#21 Response/Atkins letter dated 9/3/13
Notes:
We are submitting herewith our change proposal for the Bent 0 Revisions,in accordance with RFl#21 and Atkins'
letter dated 9/3/13.
The enclosed proposal from Murphy Construction dated November 4,2013,and the qualifications contained therein,
are included with our proposal by reference.Currently the Work is scheduled to be completed prior to concrete work
at Bent 3;if approval of this change is delayed beyond November 18, additional costs may be submitted.We are
unable to determine at this time the cumulative affect changes may have on this project,therefore only the directly
associated costs of the time extension requested are included. We reserve the right to submit additional costs
accordingly.
We propose an ADD to the GMP Amount in the sum of�;y3,s3 t'IS .We are also requesting a seven(7)Calendar
Day extension to the Contract duration as a result of the work associated with this Change.
As per the Directive,we look forward to approval and/or resolution of the change amount prior to proceeding with the
Work.
Respectfully,
Patrick De atour
Senior Project Manager
Cc:Jon Tori-Weitz, Bill Pitcher-Atkins
Enclosure: RFI#21 Response dated 7/15/2013
HONESTY AND INTEGRITY•RESPECT FOR PEOPLE•PERFORMANCE WITH ABSOLUTE RELIABILITY•LONG-TERM PERSPECTIVE•NURTURING PERSONAL GROWTH
THE WEITZ COMPANY
SPPP - SOUTH POINT PARK PIER PROJECT
RFI # 21- REVISED DESIGN FOR BENT 0
ITEM DESCRIPTION: SUB MAT LABOR LABOR LABOR TOTALS
TOTAL TOTAL WAGE HOURS TOTAL
...............................................................................................
Additional Pile Cost
Item 1 Hauling Piles to and from Miami $ - $ - - - - $0
Item 2 Handling Production Piles until new design presented $ 1,871.25 $1,871
Item 3 Extra Revetment removal at Bent 0 $ 29,651.00 $29,651
Item 4 Additional Jetty excavation for new Bent 0 design $ 3,348.13 $3,348
Item 5 Added footing for new Bent 0 design $ 10,144.51 $10,145
Item 6 Credit for installing original piles at Bent 0 $ (14,540.00) -$14,540
$0
$0
..............................:.::.....:::.::::::::.::::::::::::.:::.::::::::............:::::: :........:::.:::::::.::.:...:::::::........:............:.:............................................................... ..........................
SUBTOTAL: - - - - - $30,475
...................................................................,............................................................... ..................................................
SUBCONTRACTOR FEES:
OVERHEAD&PROFIT(10%of adds) - - - - - $3,047
�.33 522
SUBTOTAL: ���� $
................................................................................................................................... ..............................................................................
GENERAL CONDITIONS:
PROJECT MANAGER(1)WEEKS - - $100 40 $4,000 $4,000
PROJECT SUPERINTENDENT(1)WEEKS ..:'t' t_ - ;.,'$120 ; 40 : ._$4;800 $4,800
PICK-UP TRUCK - $ 197.67 $198
PICK-UP TRUCK FUEL - $ 186.05 - $186
PROJECT COORDINATOR,1 DAY/WK - $ - $45 8 $360 $360
$0
SUBTOTAL: $43,066
.........................:..........................................................
- - - - -
CONTRACTOR FEES:
SUB BONDS(1.5%) - - - - $646
MIS&WARRANTY(0.5%) - - - - - $215
GL INSURANCE(1.5%) - - - - $646
BR INSURANCE(1%) - - - - $431
P&P BOND(1%) - - - - - $431
FEE(7.5%) - - - - - $2,153
GRAND TOTAL:IF 1/3/2014 1 IF $47,588
Lion L i'f' "i�r
215^NW I uth River Drive
Mimi,F 33125
PROJECT: South Pointe Pier Replacment
LOCATION: South Pointe Park,Miami Beach,FL
DATE WORK OCCURRED: N/A
CHANGE DETAIL: Revision to End Bent 0 based on not being able to d rive the Concrete Pile through the Jetty
CONTRACT NUMBER: 13-04-004
CHANGE ORDER NO: 13-04-004-00002
NVORK DESCRIPTION: Additional Cost for Rock Jetty Demolition.Unfores een demolition includes the costs to demo concrete mixed in with the ri -
>Performed Jetty Demolition for a total of 9 shifts (star-Lin.-on 5/31/2013)-total hours 90 crew hours .Original Bid assumed
full shifts to remove rip-rap for a total of 20 hou rs.
>Had to rent a demo hammer on a backhoe to try to br eak concrete mixed in with rip-rap
>Total crew time time is 90 hours-t20 hours= 0 crew hours
w,
A1,4fERLALS.
ITEAI QUANTITY UNIT WUNIT TOTAL RFJrIARI:S
PLYWOOD HAMMER PADS 0.00 EA S 35-00 S - Plywood Cushion Blocks
FALSMYORK STEEL 0.00 LB $ 0.75 I S
0.00 LF S - I S
0.00 IS $ - S
LABOR
PERSONNEL IN CREW LRcE ffM O.T.I RATE I tVC- FRINGE"I TOTAL REMARKS
CCO OPERATOR 1.00 7M I S 29.25 S 4.40 S 13.00 S 5 v='
FOREMAN 1.00 'K i T-25.70 S 3.86 S 12.80 5
JOURNEYMAN 1.00 C 3b t' 1 S?3.20 S 3.49 S 12.44 S 44 �`
BACK140E OPERATOR 1.00 i M $24.40 S 3.67 S 12-30 S' SO - (i
SUPERINTEND ].00 NO 0 S 43.00 S 6.01 S 9.76 $ 12 Sal .so no overtime Ralc Applied
oW to 7
EQUIPMENT
iTEpi U.kNTITY UNTr COST/HR FUEL(OPR/HR) TOTAL RDIARKS
CRANC-(150T) B4ir MO S 14.445.00 S 650.00 S _ Outside Rental(with 7%tax)-Assume 180 hour Month
1-46 DIESEL IMPACT HANWER 0.00 HR S 18.00 S 7.00 S [ntemal Rental Rate
VIBRO HMSIER 0.00 RR $ 17.00 S 9.00 S - internal Rental Rate
PICKUP TRUCK le "19 D0 HR S 4.00 S 3.00 S Intemal Rental Rate
BACKHOE W/HOERAM (1 .00 HR $ 16.00 S 9.00 S N 0.0 internal Rental Rate
p EDER 0.00 HR S 5.00 S 4.00 S Internal Rental Rate
WORK BOAT 0.00 HR S B.00 S 6.00 S
RENTAL EQ.INSUR. 0.45 MO S 203.00 S 91.35 15'%n of 135001month(rental rate of old equipment w reboot tax)
SAFELY&SNLALL TOOLS - 00 MH Is 1.81 is 69330 Small Tools and Equipment per Man Hour !-�f
SUBCONTRACTOR•
ITEM QU.LNTiTY UNTT S/UPTT TOTAL RENIARKS
ON SITE TUG BOAT 1.00 WK IS 3.000.00 S. 3.0 .00 Rental on site[nit boat
SERVICE
ITFhd UANTITY UNTT S/UMT TOTAL RFDLAltiCs
Subtotal= $
Overhead&Profit 15.0% O.H&Profit= $ 4,407.77
TOTAL= $ _33J91--M
GENERAL&EXCESS LIABILITY INSURANCE
GENERAL LIABILITY INSURANCE 33.79?94 S S 0.01093 S 369.19 510.925 er S 1000 of Gros Sales _J
FECCESS LIABILITY INSURANCE 33,792.94 S S 0.00082 5 27.85 50.824 er 51000 of Gross Stiles .7
CHANGE ORDER TOTAL= $ _}8457` �l,•CVJ
11VC:Workers Compensation
"FRINGE:Payroll Fringes are comprised of any REQUIRED Pe nsion&Annuity.Apprentice Program.FICA,FLJTA.S ITTA.Health&R elfwe
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ATTACHMENT 2 z
Bent 0 Revision Proposal Review
C
To: Matilde E. Reyes, RA, LEED AD/CIP
From: William P. Pitcher, P.E./Atkins
Date:Tuesday, November 19`� ,2013
Ref: South Pointe Park Pier Project
Subject: Change Order CLI#7 ,
Weitz CM letter dated November 41h, 2013
1. ISSUE BACKGROUND:
The Weitz Company as Construction Manager @a Risk(CM) for the above referenced project has submitted
a proposal dated November 4th, 2013 to ADD to the Guaranteed.Maximum Price (GMP) the amount of
$53,941.00 and to ADD contract time in the amount of seven (7)calendar days for the work associated with
modifications to Bent 0 .
Via the issuance of RFI #21 — Existing Conditions at Bent 0: The CM communicated that during the
scheduled removal of stone revetment from the existing jetty which was required for the construction of Bent
0; the marine contractor encountered multiple layers of poured concrete which effectively cemented the
revetment boulders together. These layers of cemented boulders were encountered in the range of 4 to 8
feet below the ground surface. The marine contractor attempted to remove the cemented boulders over a
period of about five (5) calendar days using all available equipment at his disposal including the rental of
special backhoes with hammer mounted equipment. The excavations required to remove the cemented
boulders had proceed to a depth of about 9 feet at which point is observed that the boulders were cemented.
Without the complete removal of the cemented boulders, the concrete pilings (as called for on the GMP
Contract Drawings)at Bent 0 could not be installed.
Further excavation to remove the cemented boulders would compromise the integrity of the rock jetty and
the adjacent cut-walk sidewalk. Out of concern for safety and structural integrity of the rock jetty, the CM
terminated excavation operations until direction was provided by the Engineer (Atkins) and the City. See
exhibit#1 for RFI#21.
Pursuant to the issuance of RFI #21, on June 7"', 2013 Atkins conducted an on- site assessment of the in-
situ conditions and subsequently issued a response to RFI #21 which included an alternative concept design
which deleted the new concrete piles (4) and substituted a cast- in- place concrete mat and spread footing
type foundation. On June 13th, 2013; Atkins with representative from the City, the CM and the marine
contractor meet at the project site to discuss the alternative concept. It was agreed by all parties that the
alternative Bent 0 concept would provide a workable solution that it could be constructed without further
excavation of the cemented boulders.
The Bent 0 alternate design was formally issued via Bent 0 Alternative Design Directive to Proceed issued
on September 3rd, 2013. See exhibit#2.
11. CONSTRUCTION MANAGER REASONING FOR COMPENSATION:
The CM's proposal is based on additional cost for the work already incurred (and to be incurred) pursuant to
the excavations undertaken to date and for the construction modifications to Bent 0 as issued to the CM.
The cost associated with this work is as follows:
1. Hauling for production piling to and from the project site.
2. Material handling of the production piling from the tractor trailers to the barge and reloading
Page 1 of 3
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Bent 0 Revision Proposal Review �
3. Revetment and concrete removal efforts.
C
4. Additional jetty excavation.
5. Revised substructure foundation.
6. Credit due for not installing the production piling.
For a detailed breakdown of the CM's proposal see Potential Change Order exhibit#3, page 2.
III. EVALUATION OF CONTRACT REQUIREMENTS:
The CM Agreement provides a method by which to compensate the CM for Work that is not accounted for in
the line items that comprise the GMP. In this instance, Atkins believes the most appropriate method of
compensation would by via a Change Order as defined under Article 37 of the General Conditions of the
Construction Contract and, as per the CM Agreement for Pre-Construction Services, Article I, Item 1.10
entitled: Change Amendment or Change Order_ The following criteria shall be used in determining whether
or not the CM should be issued a Change Order for Work involving changes in either the cost and/or time to
complete the project.
• Criteria 1: A written order to the CM approved by the City authorizing a change in the project of the
method and manner of performance.
• Criteria 2: A Construction Change Directive should be issued as a written directive to effect changes
to the Work, prepared by the AIE and executed by the City.
The required modifications to Bent 0 are due to differing site conditions in the form of subsurface concealed
concrete poured throughout the revetment boulders, effectively cementing the boulders together and as a
result, both Criteria 1 and 2 should be approved and issued by the City.
Specific to this matter, as per the General Conditions Article 19 —.Differing Site Conditions; the following
criteria shall be used in determining whether or not the CM should be compensated via a Change Order, in
order to increase a budgeted line item in the GMP.
Differing Site Conditions
"In the event that during the course of the Work the Contractor encounters subsurface or concealed
conditions at the Project site which differ materially from those shown in the Contract Documents and from
those ordinarily encountered and generally recognized as inherent in work of the character called for in the
Contract Document; or unknown physical conditions of the Project site, of an unusual nature, which differ
materially from that ordinarily encountered and generally recognized as inherent in Work of the character
called for in the Contract Documents, Contractor, without disturbing the conditions and before performing
any work affected by such conditions, shall, within twenty-four hour(24) hours of their discovery, notify City
and Consultant in writing of the existence of the aforesaid conditions. "
The CM's proposal is consistent with the conditions stated in Article 19. It was confirmed by the on-site
Special Inspector that the CM and his marine contractor encountered unforeseen conditions in the form of in-
situ concrete poured throughout the subsurface of the existing jetty, effectively cementing the revetment
boulders together. The continued excavation of the cemented boulders may have compromised the
structural integrity of the jetty and the adjacent cut-walk immediately adjacent to the work. The work was
justifiably suspended for concerns related to safety and integrity of the properly. A modification to the
construction documents was deemed to be necessary and subsequently issued to the CM.
Page 2 of 3
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Bent 0 Revision Proposal Review Nd
IV. ANALYSIS OF PROPOSED COST/CREDIT:
CM's proposal dated November 4`h, 2013 in which he proposes to be compensated in the amount of
$ 53,941.00 is consistent with the terms of the Construction Management at Risk Agreement. The CM's
request meets the criteria for a Change to the Work, which would be administrated under a Change Order to
be issued by the City.
Atkins has reviewed the proposed cost and recommends an amount of$41,660.46 as a fair and reasonable
cost to execute the work required to modify Bent 0, as developed by the Engineer(Atkins)and subsequently
approved by the City and as issued to the CM, under the terms of the CM Agreement. See exhibit #4 for
Atkins Cost Analysis.
V. ANALYSIS OF SCHEDULE IMPACTS:
The CM's request includes a seven (7)calendar day extension to the complete the work under this propose
Change Order. Atkins has reviewed the request for contract time extension associated with this work and
recommends its acceptance as fair and reasonable time to execute the work to modify Bent 0.
VI. TECHNICAL REVIEW OF CONTRACTOR PROVIDED DOCUMENTATION:
Several versions and iterations of the cost and time proposal were presented by the CM (on behalf of his
contractors) and each have been reviewed by Atkins for contract compliance and reasonableness, in terms
of cost and time.
The latest proposal dated November 4`h, 2013, forms the basis for this proposed Change Order. The
documentation provided by the CM in support of this proposed Change Order is deemed by Atkins to be
sufficiently complete for the purposes of negotiating a fair and reasonable cost and contract time to complete
the work to modify Bent 0.
VII. RECOMMENDATION:
Atkins recommends the CM be awarded a Change Order in the lump sum amount of$41,660.46 and be
granted a contract time extension in the amount of seven(7)calendar days to complete the work to modify
Bent 0. Atkins understands that the City has negotiated this matter with the CM for a total of$47,588.00 in
an effort to reach a settlement. Atkins also understands that the agreement mentioned was reached in a
negotiations environment between the City and the CM, and as such,does not object to the City exercising
9 tY
its option to settle this matter.
Page 3 of 3
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