Amendment No. 1 to the Agreement with Burkhardt Construction, Inc.Z.0I - 7
AMENDMENT NO. 1
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
FORTHE LINCOLN ROAD DISTRICT IMPROVEMENTS PROJECT IN THE AMOUNT
OF $49,220.00
THIS Amendment No. 1 to the Agreement is made and entered this day of
P.44,4"427 , 201 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 p r i n c i p a l 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, this Amendment No. 1 includes 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 Lincoln
Road from Washington Avenue to Collins Avenue (200 -300 Block); and
WHEREAS, the proposal from Construction Manager, totaling $49,220, was reviewed
and found to be fair and reasonable; and
WHEREAS, this Amendment No. 1 to the preconstruction services phase of the
Agreement will revise the total contract sum to the not -to- exceed total amount of $299,410.
Page 1 of 3
Burkhardt Construction, Inc., Amendment No.1
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. 1.
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. 1.
Page 2 of 3
Burkhardt Construction, Inc., Amendment No.1
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:
Rafael E. Grana o,
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
B
Q \i trN
HQf�fSL - "CANT:
,,,, -.B _ekh r•t Construction, Inc.
orales, City Manager
Adam Rossmell
Page 3 of 3
Burkhardt Construction, Inc., Amendment No.1
arc Kleisley, Vice - Preside
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
tty Attorney i,Aap
Data