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.
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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
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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'
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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
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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