Loading...
GMP Amendment 1 with QGS Development, Inc. d0fl-o?77 91 EXH I BIT B GMP AMENDMENT No.1 GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NO.1 TO THE AGREEMENT FOR PRE- CONSTRUCTION SERVICES BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND QGS DEVELPOMENT, INC., FOR CONSTRUCTION MANAGER AT RISK SERVICES PURSUANT TO RESOLUTION NO. 2011-27791 ENTITLED "CONSTRUCTION MANAGEMENT AT RISK PRE- CONSTRUCTION SERVICES FOR THE PAR 3 GOLF COURSE RENOVATION PROJECT. � Zy vl THIS GNIP AMENDMENT NO.1, made and entered into as of this 510 tday of IW4rc , ("GMP Amendment No 1") amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA (also, City) and Construction Manager, QGS DEVELPOMENT, Inc., (hereinafter Construction Manager or CM), made as of the !^iij day of GY'Ck P/Yforthe following described Project: Par 3 Golf Course 2500 Pinetree Drive Miami Beach, FL, 33139 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 terms used herein, unless otherwise defined in this GMP Amendment No. 1 shall have the meanings ascribed to them in the Contract Documents. 2. The following are hereby incorporated into the Contract Documents and made part thereof: a. The construction documents listed on Attachment I, GMP Amendment No.1, attached hereto, which are made a part of the Contract Documents by this reference (the "Construction Documents"); and b. The specifications listed on Attachment II, GMP Amendment No.1, attached hereto, which specifications are made a part of the Contract Documents by this reference (the "Specifications"); and C. Those documents listed on Attachment 111, Additional Contract Documents, refer to the executed pre-construction services agreement, attached hereto, are made a part of the Contract Documents by this reference; and d. Those documents listed on Attachment IV, GMP Amendment No.1, GMP Book 1 inclusive of CM's Proposal, Qualifications and Assumptions attached hereto, are made a part of the Contract Docurents by this reference; and e. Those documents listed on Attachment V, GMP Amendment No.1, the CM's Salary and Wage Schedule attached hereto, are made part of the contract Documents by this reference; and f. The Scope of the Work for the Par 3 Project, contemplated in this GN1P Amendment No.1, and as described in Attachment I, GMP Amendment No.1, is hereby incorporated into the Work;and g. The Project Schedule will be provided for this Project and is set forth on Attachment VI- GMP Amendment No.1,attached hereto, are made a part hereof by this reference;and h. The CM's Onsite Management and Supervisory Personnel for this Project shall be set forth herein, and incorporated as Attachment VII to this Agreement. i. The date of Commencement for the construction of the Par 3 project in this GMP Amendment No.1, shall commence upon the issuance of Notice To Proceed (NTP)#2, by the parties hereto(the"Date of Commencement"). j. The CM shall achieve Substantial Completion of the Work for the Par 3 project as contemplated in this GMP Amendment No.1, no later than 243 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. k. Upon failure of the CM to substantially complete the Work contemplated in this GMP Amendment No.1, within the specified period of time, plus any approved time extensions, CM shall pay to the City the sum of $1,000 for each calendar day after the time specified in subsection 20)of this Amendment. I. The Guaranteed Maximum Price (GMP)for the Scope of Work contemplated in this GMP Amendment No.1, for the Par 3 project, is hereby guaranteed by the CM not to exceed the sum of $4,227,898. (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 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 Owners' 2 Contingency as defined in Article 1.19 of the Pre-Construction Services Agreement is in the amount of$211,395. 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 any and 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 Insurance, Worker's Compensation Insurance, and Builder's Risk Insurance, in compliance with the provisions of Article II, 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 Performance and Guarantee Bond, in compliance with the provisions of Article ll, Insurance and Bonds of the General Conditions of the Contract for Construction. P. By executing this GNIP Amendment No.1, the CM acknowledges that it has ascertained and verified all existing underground utilities and has coordinated all correct locations for 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 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(Par 3). r. Except as expressly provided herein above all of the terms, conditions,,covenants, agreements and understandings contained in the Pre-Construction Contract Documents (and as may have been amended pursuant to 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. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH .. f i . i Rafael Granado, City Clerk Philip eu e, ayor ATTEST: �" CONSTRUCTION MANAGER/ QGS Development,Inc. INCORP ORAI--n ¢' . 17502 County Road 672, (P.O. Drawer 108 Lithia, FL. 33547) Lithia, 171 33547 Jim Armstrong, Assistant Vice President Florida Contractor License: CGC 1512412 By: By: J cqui#rdner J m Armstrong Contract Administrator Assistant Vice President APPROVED AS TO FORM &LANGUAGE FOR ECUTAON Date City orn 4 Par 3 Golf Course 2500 Pinetree Drive Miami Beach, FL, 33139 GMP AMENDMENT N0.1 ATTACHMENT I CONTRACT DOCUMENTS:THE CONSTRUCTION DOCUMENTS—Plans DATED 0817/2013-Par 3(McCumber)and 902013 Par 3 Amenities(KobiKarp) (With Index of Addenda) ATTACHMENT II CONTRACT DOCUMENTS:THE SPECIFICATIONS Par 3 Golf Course!Par 3 Amenities ATTACHMENT III CONTRACT DOCUMENTS: EXECUTED PRE-CONSTRUCTION SERVICES AGREEMENT DATED MARCH 20, 2012(INCLUSIVE OF GENERAL CONDITIONS DATED MARCH 2011). ATTACHMENT IV CONTRACT DOCUMENTS. GMP PACKAGE ATTACHMENT V CONTRACT DOCUMENTS: CONSTRUCTION MANAGER'S SALARY AND WAGE SCHEDULE ATTACHMENT Vi CONTRACT DOCUMENTS: PROJECT SCHEDULE(TO BE SUBMITTED FOR APPROVAL UPON ISSUANCE OF NOTICE TO PROCEED NO. 1) ATTACHMENT Vll CONTRACT DOCUMENTS: ONSITE SITE MANAGEMENT AND SUPERVISORY PERSONNEL ATTACHMENT VIII CONTRACT DOCUMENTS: SCHEDULE OF VALUES