Amendment No.2 to Construction Manager at Risk Agreement with Burkhardt Construction , Inc. 2_ ole - 2-9 1
DocuSign Envelope ID:1 CCB5B39-68E8-4071-A62C-26D837B571 A9
AMENDMENT NO. 2
TO CONSTRUCTION MANAGER AT RISK AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
BURKHARDT CONSTRUCTION, INC.
DATED JANUARY 17, 2017
FOR THE ADDITION AND REMOVAL OF PRECONSTRUCTION PHASE
SERVICES RELATED TO REVISED DESIGN FOR THE LINCOLN ROAD
IMPROVEMENTS PROJECT RESULTING IN A NET INCREASE OF $358,145.00
TO THE CONTRACT SUM - • ; -.42
THIS AMENDMENT NO. 2 TO CONSTRUCTION MANAGER AT RISK
AGREEMENT (this "Amendment No. 2") 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
Construction Manager at Risk Agreement with Burkhardt Construction, Inc. (the
"Agreement"), for Construction Manager at Risk Services associated with the
contemplated construction of improvements and related infrastructure in the Lincoln
Road district (the "Project"); and
WHEREAS, the Agreement provides for the Construction Manager to act as
Construction Manager At Risk to the City in connection with the construction of the
Project based on the Contract Documents being prepared by James Corner Field
Operations (the "Consultant") and includes preconstruction phase services and
construction phase services with a Guaranteed Maximum Price (GMP) for the
Project; and
WHEREAS, the initial lump sum fee for Burkhardt's services during
preconstruction phase was $250,190; and
WHEREAS, on January 2, 2018, the City Commission approved Amendment No.
1 to the Agreement, increasing the fee by $49,220.00 to include additional
preconstruction phase services associated with the extension of the geographic area of
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Burkhardt Construction,Inc.,Amendment No.2
DocuSign Envelope ID:1CCB5B39-68EB-4071-A62C-26D837B571A9
the Project to include the area Lincoln Road from Washington Avenue to Collins Avenue
(200-300 Block); and
WHEREAS, during the period between January 2018 and December 2021, a
variety of external factors, including the COVID-19 pandemic and unprecedented price
escalations in the construction industry, have adversely impacted the anticipated cost of
the Project; and
WHEREAS,on December 8, 2021, the City Commission discussed the project and
directed the Administration (a) to include $5.2M of RDA funding, previously set aside,
allowing the project to utilize the full, available budget of $57.6M, and (b) to pursue an
amendment to the architectural and engineering design services agreement with the
Consultant (the "JCFO Agreement") to revise the design to reflect the project budget
constraints; 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 design for
the Project; and
WHEREAS, the revised design requires that the Construction Manager 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, the City and Construction Manager have agreed on the terms outlined
in the attached additional preconstruction services proposal which reflects an increase in
fees of$399,520.00 for the additional services specified in the proposal, and a decrease
in fees of $41,375.00 for the elimination of certain services, for a net increase of
$358,145.00 in the fees payable to Construction Manager;
WHEREAS, based on the net increase of $358,145.00 contemplated by this
Amendment No. 2, the total contract sum under the CMR Agreement shall be increased
to the not-to-exceed total amount of$657,555.00.
NOW, THEREFORE, in consideration of the mutual promises, covenants,
agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, the parties hereby
agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this
Amendment No. 2.
2. MODIFICATIONS
The Agreement is amended, as provided herein and in the additional
preconstruction services proposal attached hereto and incorporated herein.
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Burkhardt Construction,Inc.,Amendment No.2
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DocuSign Envelope ID:1CCB5B39-68EB-4071-A62C-26D837B571A9
3. OTHER PROVISIONS.
All other provisions of the Agreement are unchanged and shall remain in full
force and effect.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by
this Amendment No. 2.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.
2 to be executed in their names by their duly authorized officials as of the date first
set forth above.
ATTEST: EP 9 ZQz�CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Dan Gelber, Mayor f o,�,""ehRea, _.
ItiCORP1CRATED
5,s'•, .4.t +may
ATTEST: CONSULTANT:
Burkhardt Construction, Inc. •`.LT.
By: t to r 14.:4,1\
rint N :$r;tta,�y'�grvi C. Print Name: Marc Kleisley ,.� i
Title: vice President - • V r
)10
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
City Attorney Date
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Burkhardt Construction,inc.,Amendment No.2
DocuSign Envelope ID:1CCB5B39-68EB-4071-A62C-26D837B571A9 EXHIBIT A
BURKHARDT
CONSTRUCTION,INC.
Vincent G.Burkhardt
President 4k,
July 26,2022
City of Miami Beach
1755 Meridian Avenue,3'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 $399,520.00
Please feel free to contact me directly should you have any questions regarding any of the
information included in this letter or the attached schedule of pre-construction fees and services.
Respectfully,
Burkhardt Construction,Inc.
Marc R.Kleisley
Vice President
Ol
1400 Alabama Avenue•West Palm Beach,Florida 33401 •(561)659-1400•Fax(561)659-1402
DocuSign Envelope ID:1CCB5B39-68EB-4071-A62C-26D837B571A9 / EXHIBIT A
I BURKHARDT
CONSTRUCTION, INC.
..
PRECONSTRUCTION PHASE SCOPE OF SERVICES
TASK I—$ 199,560.00
I. 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
IL 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
01/41
1400 Alabama Avenue•West Palm Beach,Florida 33401 •(561)659-1400•Fax(561)659-1402
DocuSign Envelope ID:1CCB5B39-68EB-4071-A62C-26D837B571A9 EXHIBIT A
IBURKHARDT
CONSTRUCTION,INC.
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 DocumentationNalue 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
AS/
1400 Alabama Avenue•West Palm Beach,Florida 33401 •(561)659-1400•Fax(561)659-1402
DocuSign Envelope ID:1CCB5B39-68EB-4071-A62C-26D837B571A9 EXHIBIT A
IBURKHARDT
CONSTRUCTION, INC.
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.
sOj
1400 Alabama Avenue•West Palm Beach,Florida 33401 •(561)659-1400•Fax(561)659-1402
DocuSign Envelope ID:1CCB5B39-68EB-4071-A62C-26D837B571A9 EXHIBIT A
IBURKHARDT
CONSTRUCTION, INC.
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.jnc.
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.
�,v
1400 Alabama Avenue•West Palm Beach,Florida 33401 •(561)659-1400•Fax(561)659-1402
DocuSign Envelope ID:1CCB5B39-68EB-4071-A62C-26D837B571A9 / EXHIBIT A
IBURKHARDT
CONSTRUCTION, INC.
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
01
1400 Alabama Avenue•West Palm Beach,Florida 33401 •(561)659-1400•Fax(561)659-1402
DocuSign Envelope ID: 1CCB5B39-68EB-4071-A62C-26D837B571A9 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
[THIS MESSAGE COMES FROM AN EXTERNAL EMAIL-USE CAUTION WHEN REPLYING AND OPENING LINKS OR
ATTACHMENTS]
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
MIAMIBEACH
Ariel Guifian, Senior Capital Projects Coordinator
OFFICE of CAPITAL IMPROVEMENT PROJECTS(CIP)
AsV