GMP Amendment 4 with Weitz Company a 00 z Y3/
GMP AMENDMENT NO. 4
GMP AMENDMENT NO. 4, 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 (Project).
THIS GMP AMENDMENT NO. 4, made and entered into as of this tIn P/' 3 , 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; GMP Amendment No. 2, made and entered into as of 8th day of
January, 2014; and GMP Amendment No. 3, made and entered into as of 7th day of February, 2014;
(the Agreement and the GMP Amendments 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 for the Project; and
WHEREAS, GMP Amendment No.1, dated September 12, 2012, provided that the CM shall
achieve Substantial Completion of the Work no later than 410 calendar days from the issuance of
Notice to Proceed (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 due to reef module redeployment and weather
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, on February 7, 2014, GMP Amendment No. 3 was executed, which amended the
GMP amount, via a change order, for structural modifications to bent "zero" due to significant different
site conditions, in the amount of$47,588, and increasing the GMP contract amount from $4,809,017 to
$4,856,605; plus increasing the Contract Time by an additional seven (7) calendar days, for a total
revised Contract Time of 508 calendar days; and
WHEREAS, this GMP Amendment No. 4 to the Agreement extends the Contract Time by an
additional 108 excusable non-compensable calendar days, due to weather delays, and pile installation
modifications; and
WHEREAS, this amendment includes a credit, in the amount of$88,123, representing the total
contract savings from the CM that was experienced from contracts buy-back of sub-contracts, and
adjusts the total GMP Contract Amount from $4,856,606 to $4,768,483.
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. 4.
2. MODIFICATIONS
Section 2(j) 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 the GMP
Amendment No.1, no later than 8&5 616 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.
4.
IN WITNESS .WHEREOF, the parties hereto have caused this GMP Amendment No. 4 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY O MIAMI BE H
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City Clerk ® �=� l"; `° City anage
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ATTEST: ;��, CONSTRUCTION MANAGER AT RISK:
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By
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Print Name Offrint Name
APPROVED AS TO
FORM & LANGUAGE
& O ECOTION
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City Attorney
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