R9A-Public Hrg Consider Changes - Par 3 Golf Course At 2795 Prairie Av -Tobin-4 I,,\IAMIBEACH
JOSE SMITH, CITY ATTORNEY
OFF]CE OF THE CITY AITORNEY
COMMISSION MEMORANDUM
TO: Mayor Philip Levine
Members of the City Commission
CC:
FROM:
DATE:
SUBJECT:Public Hearing To Consider Changes ln Designation, Use, And Modification
To The Plans, Approved For The Par 3 Golf Course Located At 2795 Prairie
Avenue, Miami Beach, 33140, As Provided ln The Stipulated Settlement
Agreement Approved And Adopted By The 11th Judicial Circuit Court ln And
For Miami-Dade County On October 28, 2011 ln Bavshore Homeowners
Assoc., lnc. v. Citv Of Miami Beach, Case No. 07-42958.
Pursuant to a motion passed by the City Commission at the March 5, 2014 Commission
meeting, a public hearing has been scheduled and duly noticed pursuant to the court approved
Stipulated Settlement Agreement in the case of Bavshore Homeowners Association, lnc. v. Citv
of Miami Beach,'l 1th Jud. Cir. Court Case No. O7-4299A CA 30 ("Bayshore case"), for the
purpose of considering changes in designation, use, and modification to the plans approved for
the Par 3 Golf Course located at2795 Prairie Avenue, Miami Beach, 33140.
The documenls relevant lo this matter are as follows and are attached hereto:
1. Order of Stipulated Dismissal with Prejudice and Stipulated Settlement Agreement in the
Bavshore case;
2. Resolution No.2014-28468 adopted January 15,2014 authorizing Amendment No. 1 to
the Pre-Construction Services Agreement with QGS Development, lnc. (with agenda
materials attached) (ltem R7B);
3. January 15,2014 AfterAction for item R7B;
4. Letter to Commission 108-2014 (Parks & Recreational Facilities Advisory Board Motion);
5. Letter to Commission 125-2014 (Parks & Recreational Facilities Advisory Board Revised
Motion with graphics attached).
JS/DT/lr
F:\ATTO\TURN\MEMOS\Par 3 Public Hearing April 23 201 4.docx
Jimmy Morales, City Manager
Jose Smith, City Attorney
April30, 2O14 '...
Aoenda ltem Rq A- o^tW53
ATTACHMENT 1
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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCIIIT
IN AND FORMIAIO.DADE COUNTY, FLORIDA
CENERAI- J URTSDICTION DIVJSION
CASENO.: 0742998 CA 30
BAYSHORE HOMEOWNERS
ASSOCIATION, INC..
Plaintiffs,
vs.
CITY OF MIAMI BEACH, a Florida Municipal
Corporation.
Defendant.
ORDER OF STIPULATED DISMISSAL
WITH PREJUDICE
THIS CAUSE came before the Court on a Joint Stipulation of Dismissal in whjch the
parties agree to an Order of Dismissal ou the grounds that this action has been amicabiy
resolved. It is therefore
ORDERED AND ADJUDGED that:
1. The terms of the Settlement Agreement provide for a fair and equitable resolution of the
matter.
2. The Setllement Agreement, a copy of which is attached hereto as Exhibit "A", is hereby
approved and adopted in fu1l by this court. Bayshore Horneowners Association and the
Cit5, slMi ' Beach are bound by the terms of the Settlemenl Agreement and are hereby
ordered to abide by all of its terms.
3. The Court reserves jurisdiction to enforce the terms of this Order and the Sefflernent
Agreement,
c1
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55
DONE AND ORDERED in Miami-Dade County, Florida on this
-
day of
October',201l.
Conlormed Copies to:
Robert N. Hru'tsel1, Esq,
Gary He1d, Esq.
GffiNFORffiHffi
ocT 2 I Z0lt
Judgetlester Langer
CiftuitCnurt Judge
Circuit Court.ludge
56
t-
IN TIIE CIRCUIT COURT OF TIIE EI,EVEI'{TH JUDICIAL CIRCUIT
IN AND FOR 1\ItrAMI-DADE COUNTY, X'LORIDA
GEITTERAI ruRISD]CTION DIVISION
CASENO. | 07-42998CA30
BAYSI{ORE HOIvGOWNERS
ASSOCIATION, INC.,
Plaintitrs,
CITY OF MIAMI BEACH, aFlorida Municipal
Corporatiorr,
Defendant.
STIPULATED SETTLEMENT AGREEMENT
THIS STPULATED SETTLEMENT AGREEMENT is entered into by alld among the
Piaintitr, Bayshore Homeowners Association, Inc', ("Bayshore') and the City of Miami Beach
(,City,), to settle the case of Bayshore Homeowners Association, Int. v. City of Mi*ni Beach,
Case No. O'l-4ZggB as a complete and final settlement of all clZrims raised in the above-styled
proceeding related to the disposition and protection of lands knowu as "The Miami Beaoh Par'3
Golf Course."
. RECITALS
ryHER-EAS, a settlement agreement was executed on octobel 14, 1995 between
Citizens for Greenspace, Inc,, Michael Kinerk, th.e City (includiug individual City
Commissioners sitting at the time), the Greater Miami Hebrew Academy, and Daughters of
Israel, !rc., regarding Case No. 92-1594 CIV-GRAIIAM (the i'Greenspace Settlement
Exhibit "A"
57
Agreement''); and
VftIEREAS, the Greenspace Settlement Agreement and this Lawsuit involve the
property known as the Par 3 Gotf Course, ("Par 3 Golf Cowsd) located at?795 Prairie Avenue,
Miarni Beach, Florida 33140 andfully described therefu; and
WHEREAS, the Greenspace Settlement Agreement required that the City expressly
designate the land comprising the municipal Par 3 Golf Course as "park and reoreational use,"
and that it will not change tlre use or desip.ation of the Pa 3 Golf Course land without a super-
majority vote by the City Commission (a "super-majority" is defined in the Gteenspace
Settlement Agreement as the "nu:nber of comrnissionas required to otherwise approve a
resolution plus one additional commissioner").
WHEREAS, the parties agree that renovations and improvements to the Par 3 Goif
Course af,e necessary and time of is of the essence to complete renovations and imProvements
identified by the City in City Conmission Resolution 2017-2'1677 '
WImREAS, Bayshore is a duly registered not for profit corporatioD r:nder the laws of
the State of I'lorida and the person(s) signing on its behalf have been duly authorized to enter
into this setflement agreement by action of the corporation; ancl
WHEREAS, the parties enter into this Settlement Agreement to resolve all disputes
between them, without admitting liability for any of the claims inthe Lawsuit; aad
WHEREAS, the parties clesire to resolve and settle all pending disputes, claims and
counterclaims between them allegedly arising from the Greenspace Settlement Agreemant,
including without limitation ali claims and couaterclaims tbat were or could have been asserted
in tre Lawsuit; aod
WHE.REAS, the parties believe it would be intheir best interests and the iaterests of the
58
citizens and residents of Miami Beach to agtee to the provisions of this Settlement Agreement.
NOW, TI{EREX'ORE, in oonsideration of the mutual agreements, undertakings and
representations contaiaed irr this Settlement Agreement and other good aad valuable
consideration, the receipt alrd sufficiency ofwhich are hereby acknowledged, ttre parties agree as
follows:
1. The foregoing reoitals are true, accwate and correct and are incorporated herein by
this reference.
2. TheCity aglees to implement renovations and improvements to the Par 3 GoIf Course
zubstantially in accordance with the ooncept plan in Exhibit "A," approved by City Commission
Resolution 2ott-27677 adopted June I, 2011, and prpceed with reasooable expediency.
3. The City agrees to continue to fundthe plannedrenovations and improvements unlil
completiog so the Par 3 Golf Course becomes and remaias a viable 9'hole golf course, unless its
use or designation is amended as otherwise provided for herein.
4, The City agrees that it shall not change the use, zoniug or land designation of the Pax 3
GolfCourse land, except as provided inthis paragraph (unless conflicting provisions otherwise
exist, in which event the stricter provisiols shall control). The following paroel designations
couespond to those subparcels identifled in Exhibit "A.":
a. As to Parcels A (the Par 3 9-ho1e golf course), B (the scott Racow open Play
Ar.ea), and D (an area within the Par 3 Golf Course, ternporarily used as part of the Public Works
storage yard, which shall be returned to iandscaped park and recreation uses), such uses shall
remain as designated ia this paragraph and in the plans approved by the Cify for renovation of
the golf course by Resolution 2OlL-2'767'l and identif,red in Exhibit "A", ur .ess the City
Commission apploves, by a 5/7 vote of the entire City Commission, a change to passive
59
refieation use(s), or fhe City Commission approves, by a717 vote of the entire City Commission,
a change to any park and recreation use(s), after a duly uoti.oed public hearing,
b, As to Parcel C (the tennis courts, tot iot, splash pad, starter and restroom
buiidiag, ni:re parkilg spaces and landscaping), such uses shail rernain as designated in this
paragraph and in the plans approved by the City for renovation of the golf course .by Resolution
2olt-27677 and identified in Exhibit '0A", unless the City Commission approves, by a 5/7 vote
of the entire City Commissiou, a change to any park aud recreaiioo use(s), a.fter a duly noticed
pubiic hearing.
c. As to Parcel E, the Greenspace Settiernent Agreement provides that this space
may be improved for parking by the Hebrew Academy, with rights of shared use for Par 3 Golf
Course and other uses shown on Exhibit "A" as provided in that Agreemeut'
5. No later than five (5) days from execution of this Settlement Agreement by all parties,
the parties (a) shail file with the Court a stipulation for diuaissal with prejudice of the lawsuit,
with this Settlement Agreement attached, and (b) agree to exchange muhrai releases, the forms of
which are attached as Exhibit "B".
6. Bayshore agrees not to pursue any action in conflict with the provisions of this
Agreemen! except tlrough modification of this Settlement Agreement in writing as provided for
herein,
7. Bayshore agrees not to fi.Ie, and will not encourage auy Bayshore Horneowner's
Association resident or any other person or entity to file, any adminishative or judicial actions
contrary to this Agreement.
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8. This Settlement Agreement shall be binding upon and inure to the benefit of the Cify
of Miami Bpach and the Bayshore Homeowner's Association, Inc, as well as their respective
successors and assigns.
9. Any violatiou or bleach of aay of the terms of flris Settlement Agreement may be
remedied soleiy by specific performance. The prevailingparty in any proceeding seeking to
enforce this Settlement Agreement or any portiou Lereof shall be entitled to receive from the
other party court costs and reasonable attorney's fees. This patagraph aiso applies to any cost
and fees incurred in conaeotion to any appeals.
10. T[is Sett]ement Agreement may only be modified, amended or released by a written.
instur:reut executed by the Bayshore Homeovarer's Association, Inc. its successors or assigns
aodthe City of Miami Beach.
1 1 . I::validation of any one of these provisions by judgment of Court shall not affect any
of the other provisions of t}ris Settiement Agleement, which shall remain in fuIl force arrd effect.
12. This Settlement Agteement shall be governed by, construed, and erdorced in
accordance with the iaws of the State of Florida. Venue to enforce this Settlement Agreemeot
shall be in the i 1th Judicial Circuit Court in and for Miami-Dade Corufy, Florida. As to any
matters set forlh in the Greenspace Sottlemont Agreoment, the federal cor.rt sha1l retain
jwisdiction. Nothing in lhis Settlement Agreement is intended to supersede or conflict with the
terms of fhe Greenspace Settlement Agreement, exoept for the additional provisious horein
conceming a) the City's agreement to improve the Par 3 Golf Course land substantially in
accordanoe with flre approved Site Plan (Exhibit "A") as provided in paragraphs 2 md 3 hereur,
aad b) the voting provisions in paragraph 4 herein,
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13. This Settlement Agreement may be executed by the parties in courterpart originais
with the same force and effect as if fulIy and simultaneously executed in a single original
document.
14. Each party shall bear its own costs, includiag attomey fees, incured in corurection
with the above-oaptioned case, except as oflrerwise provided in paragraph 9'
15, This Court shall retain judsdiction to enforce the telms of this Settlement
Agreement.
' 16. This Settlement Agreement shail be deemed drafted by all parties and there shall
be no presumption against any party relating to the drafting of the SettlementAgreement ar:.d the
language used herein.
IN WIINESS WHEREOF, the parties have caused this Settlernent Agreement to be duly
entered into 'and signed as ofthe day and year first written above,
grrie.<i.ria r,r-.
62
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City of MiamiBeach
a Florida municipal corporation
APPROVED AS TO FORM
F:\ATTO\HELG\LITIGATION\BayshoIc HomcowuErs Assoc\SEttlemcnt\Stipulated rettlemont as approved by Commission l0'19-1l,doc
63
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LIMITED MUTUAL RELEASE
KNOW ALL MEN BY TIIESE PRESENTS, that Bayshore Homeowners
Association, Inc., and the City of Miami Beach, for and in consideration of the teffis,
conditions, stipulations, and aclcnowledgments of the Settlemenl Agreement between the
parties dated @oB;elc-- L4 ,'Zott- , and for other good and valuable consideration
received by all parties, the receipt and sufficieacy ofwhich are hereby acknowledged, do
hereby mutually remise, release, acquit, satisfy and discharge one another for themselvos,
their successors, heirs, assigns, agents and attorneys of and from any and all actions,
causes of action, counterclaims, suits, torts,'debts, sums of money, accounts, reckonings,
contracts, controversies, agleements, promises, damages, constitutional clairns, torhrous
interference claims, malicious prosecution claims, abuse of process claims, j udgments,
executions, claims and demands whatsoever, pasl present and future, ia law or in equity,
which each had, may have had, asserted, or may have asserted agaiast the other(s) in, on
account of, or arisiog out ofthe lawsuit styled Bayshore l{omeowners Association, Ing, v.
City of Miami Beaih,CaseNo. 07-42998, in the 11d'Judicial Circuit Court in and for
Miami-Dade County, Florida. , gt4-
Witness our hands and seals titrs 21 day of OCTOBER ,201 1 .
on, Iuc.
Narile:+iLr.ri+ r.,t.
Title: Co-PeB\ Da{T ,/TEE-A+ .
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of Miami Beach
APPROVED AS TO FORM
F:\ATTO\HELG\LITIGATI0N\Bayshore Horneownors Assoc\Satllcmert\Mutral Relcase l0-I3-201Ldoc
67
NFztrlI(JF68
RESOLUTION NO.2014-28468
ARESOLUTION OFTHE MAYORAND CITYCOMMISSION OFTHE CIryOF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZTNG THE MAYOR
AND THE CITY CLERK TO EXECUTE GUARANTEED MAXIMUM PRICE
(GMP) AMENDMENT NO. 1 TO THE PRE-CONSTRUCTTON SERV|GES
AGREEMENTW|TH QGS DEVELOPMENT, tNC., DATED MARCH 20,2012,
FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE PAR 3
GOLF COURSE PROJECT, IN THE AMOUNT OF $4,227,898 PLUS A FIVE
PERCENT OWNER'S CONTINGENCY IN THE AMOUNT OF $2I1,395; FOR A
TOTAL AMOUNT OF $4,439,293 WITH PREVIOUSLY APPROPRIATED
FUNDING !N THE AMOUNT OF $3,637,975 FROM FUND 388 - MDC CDT
INTERLOCAL-CDT/RESORT FUND; $100,000 FROM FUND 429
STORMWATER LOc - RESO 2009-27076; $211,395 FROM FUND s88- MDC
CDT INTERLOCAL-CDT/RESORT FUND; AND $489,923 FROM FUND 306 -
MID BEACH QUALITY OF LIFE, SUBJECT TO FUTURE APPROPRIATION
THROUGH A CAPITAL BUDGET AMENDMENT TO THE CAPITAL BUDGET
FOR FISCAL YEAR 2013/14 TO BE PRESENTED AT THE JANUARY 15, 2014
COMM]SSION MEETING.
WHEREAS, the Mayor and City Commission at its July 13, 2011 commission meeting
authorized the Administration to issue an RFQ for a Construction Manager at Risk (CMR) firm to
provide pre-construction services and construction phase services via a Guaranteed Maximum
Price (GMP) amendment for the Par 3 Golf Course Project; and
WHEREAS, on July 19, 201 1 the City issued RFQ No. 41 -1 0/1 1 and QGS Development
(QGS) submitted their proposal and were interviewed along with four (4) other CMR Iirms. On
August 19,2011, the selection committee unanimously ranked QGS as the top-ranked firm; and
WHEREAS, on October 19,2011, the Mayor and CltyCommission approved Resolution No.
2011-27791, authorizing the Mayor and City Clerk to execute a Pre-Construction Services
Agreement with QGS; and
WHEREAS, on September 27,2O13, QGS held their subcontractor bid opening at the
Capital lmprovement Projects (ClP) Office in the presence of representatives of the City's CIP office,
and consultants, McCumber Golf lnc. (McCumber) and Kobi Karp Architecture and lnterior Design
(KobiKarp);and
WHEREAS, Following a number of discussions, evaluation of value-engineering (VE)
options, analysis of constructability recommendations, and negotiations, QGS submitted the final
negotiated GMP proposal; and
WHEREAS, the GMP Amendment No.1 (Exhibit B) reflects the proposed amount
$4,227,898, and a five percent owner's contingency in the amount of 9211,395 for a total
$4,439,293; and
WHEREAS, a consultant was retained under the City's Constructability, Cost & Value
Engineering Review Services contract, to perform an independent construction cost estimate
(Exhibit C); and
WHEREAS, the negotiated Guaranteed Maximum Price (GMP) of 94,227,898 was
compared to the cost estimate provided by an independent estimator; and
of
o'f
69
WHEREAS, the administration is of the opinion that based on the scope of work identified
in the documents the final negotiated GMP is a competitive, fair and reasonable price for the
conslruclion of the Par 3 Golf Course and proposed amenities; and
WHEREAS, the construction duration for this project has been negotiated at 273 calendar
days and it is anticipated that this work will commence in March 2014 (pending permit approvals).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the City Manager approving and authorizing the Mayor and the City Clerk to
execute Guaranteed Maximum Price (GMP) Amendment No. 1 to the Pre-Construction services
agreement with QGS Development, dated March 20,2012, for Construction Managemenl at Risk
Services for the Par 3 Golf Course project, in lhe amount ol $4,227,898 and a five percenl owner's
contingency in the amount of $211,395, from previously appropriated funding and future budget
appropriation at the January 15,2014 Commission Meeting.
PASSED AND ADOPTED this lstlt
APPROVED AS TO
FORM & LANGUAGE
& FOH EXECUTION
aav ot T|norar{ ,zo1/tt
F:\LDrive\AGENOAUo14\Januar$Par 3 Golf Course\Par 3 Golf Course - QGS GN4P Approval - RESO -Revised memo.do6
70
COMMISSION ITEM SUMMARY
lntended Outcome
A Resolulion Ot The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The MayorAnd
The City Clerk To Execute Guaranteed Maximum Price(GNIP) Amendmenl No. 'l ToThe Pre€onstruction ServicesAgreementWiUl
QGS Oevelopment, lnc., Oated October 19, 2011, For Construction Management At Risk Services For The Par 3 Ciolf Course
ln The Amount Of$4,227,898;And A Five (5)Percent Owner's Contingencyln The AmountOf $2'1'1,395 For A TolalArnount
Supporting Data (Surveys, Environmental Scan, etc.): The2012 Cuslomer Salisfaction Survey indicated thatS'l%of
businesses rated completed capital improvement projects as "excellent'or "good."
Pursuant to theiormer Ciiy l\4anager's on October 19,2011. the Mayor and approved Resolution No. 2011-
27791, authorizing the Mayorand City Clerk to execute a Pr+Construction Services Agreemenl with QGS. These services included: review of
proiect requirements, exisling on-sile conditions, preliminary budget, project scheduling and phasing, value engineering; and submission of
consiructability recommendalions to lhe consultanl.
Per the requirements ofthe contract, the CMR, coordinates veith lhe ArchitecuEngineer leam and the City, the issuance ofbid documenls loa
prBapproved list of subcontraclors to obtain the pricing in orderto develop the GMP,
On September 27, 2013, QGS held their subconlractor bid opening at the Capital lmprovement Projects (CIP) Office in the presence ol
represenlalives of the Cily's CIP ofllce, and consultants, Mccumber GolI lnc. (McCumber) and Kobi Karp Architeclu re and lnt€rior Design (Kobi
Karp). The bids were evaluated and lhoroughly reviewed to insure lhat they encompassed the full scope of ,,vork. The GMP was formulated
based on the lowest responsiye bid for each element. The GMPwas then negotiated with the CMR to obtain the best possible price based on
the specified project scope.
Following a number of discussions, evaluation of value€ngineering (VE) options, anallsis of constructability recommendations, and
negoualions, QGS submitted the flnal negotiated GMP proposal in the amount of $4,227,898(ExhibitA). The GMPAmendment tto.1 (Exhibit 8)
reflects the proposed amount of $4.227,898, and a five percent owner's contingency in the amount of $211,395 for a tolal of $4,439,293.
ln order to oblain turlher assurance that lhe best value for this project had been negoliated, lhe City contracted CMS Estimaling Services
(CMS), a consultant retained under the CiVs Constructability, Cost & Value Engineering ReviewServices contract, to perfom an irdependent
conslruction cost estimate. The estimated construclion cost as submitled by CMS is $4,246,678 (Exhibit C).
This pm.iect was initially approved in the FY 2007/08 Capital Plan with a construcuon budget ol $2,954,000. The original scope ofwork included
the renovation of the existing goll course. greens,leesand bunkers as wellas irdgation and drainage systems. Asthe project progressed and
as requesled by lhe Commission, severalitems were added or rnoditied lrom thg originalscope. On June 9,2010 Resolution No.2010-27407
(Exhibit D) and on June 1, 2011, Resolution No.2011-27677 (Exhibit E) the City approved and adopted the linal scop€ of work as being, a I
hole Par 3 golf course and lake system; resfoom building a 2,000 square foot splash pad; a 6,000 square foot tot lot; four (4) asphaLtic
concrete tennis courts and nine (9) parting spaces. ln addition. lhe City requested that the project include a connection of lhe existing slorm
drainage located on PrairieAvenue and the Par 3 property to thelakesystem for emergency overflowi thatthe starter shack be included in the
approved GMP and not as an alternatei lhe three (3) month turf grow in period be performed by the CMR, and that a permanent fertigation
system be provided. This additional scope totals approxirnately $250,000.
The administration is of lhe opinion that based on the scope of ltprk identified in the documents the final negotialed GMP is a competitive,lair
and reasonable price.
The construction duration o, this project has been negotiated at 273 calendardays (approximately I months) and il is anticipated that this work
will commence in March 2014 (pending permit approvals).
Financial lnformation:
Source of
Funds:
Amount Account
1 $3.637.975 388-2627-069357- MCC CDT tNT-CDT RESORT TAX
2 $ '100,000 42*2730-069357 - STORMWATER LOC
3 s 211,395 388-2627-069357- MCC CDT tNT-CDT RESORT TAX
V' 6flJ" oBPI-
4 .. $ 489,923 306 - MID BEACH OUALITY OF LIFE - Subject to Future
aoorooriation
Total $4,439,293
Financial lmoact Summarv: No funds beino exoended at this time.
AGENDA lrEM r r"g MIAMIBEACH DATE71
g MIAMIBEACH
City of Micmi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33 139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: January 15,2014
the City mtsston
SUBJECT: A RESOLUTION OF THE MAYORAND CITY COMMISSION OF THE CITY
OF MIAM] BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE GUARANTEED MAXIMUM
PRTCE (GMP) AMENDMENT NO. 1 TO THE PRE-CONSTRUCTTON
SERVICES AGREEMENT WITH QGS DEVELOPMENT, INC., DATED
MARCH 20, 2012, FOR CONSTRUGTION MANAGEMENT AT RISK
SERVICES FOR THE PAR 3 GOLF COURSE PROJEGT, IN THE AMOUNT
OF $4,227,898 PLUS A FIVE PERCENT OWNER'S CONTINGENCY IN
THE AMOUNT OF $211,395; FOR A TOTAL AMOUNT OF $4,439,293
WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF
$3,637,975 FROM FUND 388 . MDC CDT INTERLOCAL.CDT/RESORT
FUND; $100,000 FROM FUND 429 - STORMWATER LOC - RESO 2009-
27076: $211,395 FROM FUND 388 - MDC cDT INTERLOCAL-
CDT/RESORT FUND; AND $489,923 FROM FUND 306 - MID BEACH
QUALIW OF LIFE, SUBJECT TO FUTURE APPROPRIATION THROUGH
A CAPITAL BUDGET AMENDMENT TO THE CAPITAL BUDGET FOR
FISCAL YEAR 2013/14 TO BE PRESENTED AT THE JANUARY 15,2014
COMMISSION MEETING.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME SUPPORTEO
Ensure Value and Timely Delivery of Quality Capital Pro.lects.
FUNDING
$3,637,975 Account # 388-2627 -069357 (previously appropriated)
$ 211,395 Accounl # 388-2627-069357 (previously appropriated)
$ 100,000 Account # 429-2730-069357 (previously appropriated)
$3,949,370
$ 489,923 Account # 306 - Mid Beach Quality of life (subject to future appropriation)
$4,439,293
Funding for this amendment in the amount of $3,637,975 has been previously appropriated
from Fund 388 - MDC CDT lnterlocal-CDT/Resort Fund, and $100,000 from Fund 429 -
Stormwater LOC - Resolution 2009-27076; a five percent owner's contingency amount of
$211,395 from Fund 388 - MDC CDT lnterlocal-CDT/Resort Fund; and $489,923 from Fund
306 - Mid Beach Quality of life, subject to future appropriation through a budget amendment to
the FY 2013/14 Capltal Budget.
72
Commission Memorandum - QGS Development GMP for Par 3 Golf Course Project
January 15,2014
Page 2 of 3
ANALYSIS
The Mayor and City Commission at its July 13, 2011 commission meeting authorized the
Administration to issue an RFQ for a Construction Manager at Risk (CMR) firm to provide pre-
construction services and construction phase services via a Guaranteed Maximum Price (GMP)
amendment for the Par 3 Golf Course Project.
RFQ No.41-10/1 1 was issued on July'19, 2011 and QGS Development (QGS) submitted their
proposal and were interviewed along with four (4) other CMR firms. On August 19, 201 1, the
selection committee unanimously ranked QGS as the top-ranked firm.
Pursuant to the former City Manager's recommendation, on October 19,2011 , the Mayor and
City Commission approved Resolution No. 201 1-27791, authorizing the Mayor and City Clerk to
execute a Pre-Construction Services Agreement with QGS. These services included: review of
project requirements, existing on-site conditions, preliminary budget, project scheduling and
phasing, value engineering; and submission of constructability recommendations to the
consultant.
Per the requirements of the contract, the CMR, coordinates with the ArchitecVEngineer team
and the City, the issuance of bid documents to a pre-approved list of subcontractors to obtain
the pricing in order to develop the GMP.
On September 27, 2013, QGS held their subcontractor bid opening at the Capital lmprovement
Projects (ClP) Office in the presence of representatives of the City's CIP office, and consultants,
McCumber Golf lnc. (McCumber) and Kobi Karp Architecture and lnterior Design (Kobi Karp).
The bids were evaluated and thoroughly reviewed to insure that they encompassed the full
scope of work. The GMP was formulated based on the lowest responsive bid for each element.
The GMP was then negotiated with the CMR to obtain the best possible price based on the
specified project scope.
Following a number of discussions, evaluation of value-engineering (VE) options, analysis of
constructability recommendalions, and negotiations, QGS submitted the final negotiated GMP
proposal in the amounl oI $4,227,898 (Exhibit A). The GMP Amendment No.1 (Exhibit B)
reflects the proposed amount of $4,227,898, and a five percent owner's contingency in the
amount of $21 1,395 for a total of $4,439,293.
ln order to obtain further assurance that the best value for this project had been negotiated, the
City contracted CMS Estimating Services (CMS), a consultant relained under the City's
Constructability, Cost & Value Engineering Review Services contract, to perform an
independent construction cost estimate. The estimated construction cost as submitted by CMS
is $4,246,678 (Exhibit C).
This project was initially approved in the FY 2007108 Capital Plan with a construction budget of
$2,954,000. The original scope of work included the renovation of the existing golf course,
greens, tees and bunkers as well as irrigation and drainage systems. As the prolect progressed
and as requested by the Commission, several items were added or modified from the original
scope. On June 9, 2010 Resolution No.2010-27407 (Exhibit D) and on June 1,2011,
Resolution No. 201 1-27677 (Exhibit E) the City approved and adopted the final scope of work
as being, a t hole Par 3 golf course and lake system; reslroom building; a 2,000 square foot
splash pad; a 6,000 square foot tot lol four (4) asphaltic concrete tennis courts and nine (9)
parking spaces. ln addition, the City requested that the project include a connection of the
existing storm drainage located on Prairie Avenue and the Par 3 property to the lake system for
emergency overflow; that the starter shack be included in the approved GMP and not as an
73
Commission Memorandum - QGS Development GMP for Par 3 Golf Course Project
January 15, 2014
Page 3 of 3
alternate; the three (3) month turf grow in period be performed by the CMR; and that a
permanentfertigation system be provided. This additional scope totals approximately $250,000.
The administration is of the opinion that based on the scope of work identified in the documents
the final negotiated GMP is a competitive, fair and reasonable price.
The construction duration of this project has been negotiated at 273 calendar days
(approximately 9 months) and it is anticipated that this work will commence in March 2014
(pending permit approvals). The anticipated Project Schedule for the construction of the Par 3
Golf Course is as follows:
Commission GMP Award:
Notice to Proceed Number One:
Notice to Proceed Number Two:
Project Completion:
January 15,2013
February 2014
March 2014
December 2014
Parks and Recreation Department has prepared a five (5) year projection of the expenses
associated with the operation and maintenance of the Par 3 Golf Course and its amenities. See
attached Exhibit F.
CONCLUSION
The Administration recommends the approval of the attached resolution authorizing the Mayor
and the City Clerk to execute Guaranteed Maximum Price (GMP) Amendment No. 1 to the Pre-
Construction Services Agreement with QGS Development, dated March 20, 2012, for
Construction Management at Risk Services for the Par 3 Golf Course project, in the amount of
$4,227,898 and a five percent owner's contingency in the amount of $21 1,395, from previously
appropriated funding and future budget appropriation at the January 15, 2014 Commission
Meeting.
Atlachments:
Exhibit A - QGS Development - Construction Management at Risk GMP Proposal
Exhibit B - QGS Amendment # 1
Exhibit C - CMS - Third Party Estimate of Construction Costs
Exhibit D - Resolution No. 2010-27407
Exhibit E - Resolution No. 201 1-27677
Exhibit F - Par 3 Golf Course Operating & Maintenance Expenses
F1T_DrivelAGENDAU0'14\January\Par 3 Golf Course\Par 3 Goli Course - QGS GMP Approval
Memo.doc
MEMO 112613 Revised
74
EXHIBIT A
1.General Conditions
'17502 County Road 672 r P.O, Drawer 108 r Lithia, Florida 33547
Phone: (800) 44G3326 r (813) 63a-3326 I Fax (813) 634-1733
ESTIMATED SCIIEDT]LE OT VALUES
FOR
Miami Beach Par 3 - l00o/o
Bid #3 October 10,2013
Golf Course Plans dated - August 7, 2013 - 100%
Amenitles Plans dated - September 3rd, 2013 - Permit Set
Item Totel
1 Permit Expediting S ervice I ls $ 1,500.00 $ 1,500,00
2 Temporary Office Trailer Set-up & Breakdown I ls $ 4,509.09 $ 4,509.0e
3 Temporary Perimeter Fence Not in Plans $
4 Survey Layout I ls $ 39,53s.00 $ 39.535.00
5 Job Site Sien I ls s 700.00 S 700.00
6 Equipment MOB/DeMOB I ls s 20,509.09 s 20,509.09
7 Bonds & lnsurance Requirements I ls
8 City Permit Fees I ls $s
9 MOT I ls $ 10,909.09 s 10,909.09
10 Safety & First Aid 9 mth $$
11 Temporary Fence at Trailer & laydown Area 1 ls s 3.090.91 $ 3.090.91
t2 Power Company Charges - Set up FP&L I ls $ 2.2'72.'13 $ 2,272.73
13 Temp. Power Hookup & Removal I ls $ s,227.27 $ 5,227.27
t4 Phone Fax Service 9 mth s 90.91 $ 818.19
l5 Temp Trailer Rental 9 mth $ 457.27 $ 4.115.43
l6 Temp. Tmiler Electrical 9 mth s 113.64 $ 1,022.16
l7 TemD. Water Set-uD 1 ls s 2,168.18 $ 2.168.18
l8 Temp. Water Service 9 mth s 45.45 s 409.05
l9 Port-A-Pot 9 mth s 500.00 $ 4,s00.00
20 Progress Photos 9 mth s 136.36 $ 1.227.24
2L Office Supplies & Machines I mth s 90.91 $ 818.19
As-Built Plans I ls $ 18,950.00 s 18,950.00
23 C- P. M. Schedule 9 mth $ t,192.27 $ 10,730.43
24 Extra Plans I Is $$
25 Misc as Needed 9 mth $$
26 Dumpsters 30 lds $ 454.55 $ r3,636.s0
27 Proiect Manager 39 wks $ 1,454.55 $ s6,727.4s
28 Field Administration Assistant 39 wks $$
29 Site Superinteodent 39 wks $ 1,1i3.64 $ 43.431.96
Total $ 246,808.56
QGS Development, luc.Page 1 of 7 October 2, 2013
75
2. Site Work/Dcmo
Item Description Total
I Treo Protection Fence (6' CL)3,900 1f s 2.89 $ II,271.00
2 Tree Protection (Oranee Fence or Equal)2.055 If S 2.18 s 4,4?9.90
3
NPDES Compliance/S ilt Fence, Turbidity
Barrier& hlet Protection I ls $ 25,531.82 $ 25,531.82
Total s 4t,282.72
3. Potable Water
Item Description Unit Price Total
I 20" x 6" Tappilg Sleeve & Valve I ea $ 19,574.5s $ 19.574.55
z 6" DIP WM Wrapped & Restrafued 80 tf $ 78.45 $ 6,276.00
3 6'DDCVA i ea s 15,570.00 $ 15,570.00
4 6" Fittines I ls s 8,027.27 $ 8.027.21
5 6" Gate Valve I ea $$
6 Temporary Blow-offs I EA $ 1.009.09 $ 1,009.09
7 4" Irriqation Meter City Fees 1 $ 12,445.45 $ 12.{45.4s
I 8" x 2" Tap & Com Stop I ea s 5,230.00 $sr30.00
9 2" PolyM3" Casine I ea s 3,422.73 $ 3,422.73
10 2'' Meter & BFP w/City Fess I ea s 11,581.82 $ 11.581.82
l1 Cut and replace road I ea s $
12 Remove & Replace Sidewalk & Curb I ls s $
I3 Remove & Replace Sod I ls s $
l4 I ea $s
l5 I e {s
16 I ea $s
Total $ 83,136.91
4.Sewer
Item Ddscription . i, . r,',..i;.,'.,,..;;:'l.i,Quantity . . ', : .. Unit Pricq TotaI
I Pump Station as Designed 1 ea $ 71,570.91 $ 71,570.91
2 PS Valve Vault I ea s 2,143.64 $ 2,143.64
3 4" C-900 Gravity Sewsr t0I tf $ 39,21 $ 3,960.21
4 SS Clean-outs z ea $ 845.45 $1,690.90
5 Conrect to existinq 3" FM t ea $ 4,986.36 $4,986.36
6 3" Force Main t7 lf $ I l.l7 $ 189.89
7 Remove & Replace Sidewalk & Curb I 1s $$
8 Disassemble & reassemble Bus Stop I ls s $
Total $ 84.541.91
5, Streets
. Unit Price Total
I l/2' S-1 Asphalt - Parkine l-ot 4'15 SY $ 13.00 $ 6,175.00
2 8" LR Base - includes under curb 600 sy s 13.67 $ 8,202.00
3 12" Stabiiized Subgrade 637 sy $7.66 $ 4.879.42
4 Type D Curb 292 tf $ r s.98 $ 4,666.16
5 Gutter & Driveway 507 sf $ r 0.65 $ 5,399.55
6 4" Sidewalk color 3,8 r3 sf $2.77 $ 10.s62.0r
7 Truncated Domes 7 loc $ I s0.00 $ 1,0s0.00
QGS l)evelopment, Inc.Paga 2 oI 7 October 2,2013
76
Cont.
ftem 'Quantih Total
8 Sisnase & Striohq I ls s 1,000.00 $ 1,000.00
9 Demolish Sidewalk & Curb I ls $ I,140.91 s 1,140.91
l0 1" S-3 Asphalt - Jogeing Trail 1,4t2 sy s 13.71 s 19,358.52
11 6" LR Base 1,883 sy s lr.u $ 20.920.13
t2 I2" Compacted Subgrade 2,118 sy S 6.95 $ 14,720.10
13 5' x 4" Sidewalk w/color 3,490 sf S s
t4 8' x 4" Sidewalk w/color 1,600 sf $3.86 s 6,176.00
r5 10' x 4'r Sidewalk dcolor 12,261 sf $3.86 $ 47,327.46
16 Sisnase & Stripins I ls $ 1,000-00 $ 1,000.00
17 Truncated Domes I loc s 320.00 $320.00
Total $ 152,897.26
ltem ,Unit Price Total
1 Lake Excavatiou 28,500 cy $2.14 $ 60.990.00
2 l,ake Baok Shaping I ls $ 9s4.ss S 954.s5
3 Spread FilL Roueh Grade I ls $ s,r8r.82 $ 5.181.82
4 Shallow Pipe Pad Allowance 500 sf $ I 1.90 $5,950.00
Total $ 73,076.37
Item Total
I 4U IIDPE 8l tf s 45.33 $ 3,671.73
2 6'HDPE 103 tf s 46.25 $ 4,763.7s
7 8'HDPE 57 rf s 47.98 $ 2,734.86
4 10'HDPE 59 lf s 49.53 $7,922.27
5 12'HDPE 3l lf s 64.68 $ 2.00s.08
6 15'HDPE 111 lf s 67.48 $ 7,490.28
7 18'HDPE 954 lf s 69.46 $ 66,264.84
8 24" HDPE 180 if $ 78.02 s 14,043.60
9 36" HDPE 119 lf s 101.14 $ 12,035.66
t0 Valley Inlet 2 ea s 8,772.73 $ u,s4s.46
II [2" Basin 6 ea $ s,400.00 $ 32.400.00
12 [5" Basin I ea $ 5.636.36 $5,'636.36
l3 18" Basin 2 ea s 8,9s4.55 $ r7J09.10
14 Construct New Inlet S- 15 1 ea $ 12,5'72.73 $ 12.s72.73
li Yard Drains 1 ea s 9,250.00 $ 64,750.00
16 Maahole I ea $ 7,840.91 $ 7,840.91
t7 Control Structure CS-l I 1 ea $ 13,804.5s $ 13.804.ss
l8 Control Struchue CS-05 I ea $ 13,645.45 $ 13,645.4s
t9 Rubber Check Valves ,ea $ 9,281.82 $ 27,845.46
20
Exfiltration Trench N,lfilter cloth, stone &
perforated 15'HDPE 48 tf s 225.45 $ 10,821.60
2l
Exfiltation Trench w/filter cloth, stone &
perforated l8' IIDPE 40 lf $ 257.27 $ 10,290.80
22 fupRap 8 loc q. ) 111 1'7 $ 21,818.16
7.Drainage (Cout.)
QGS Developmen! Inc.Page 3 of 7 October 2, 2013
77
Item Totrl
,1 Root Barrier 260 lf s 19.54 $ 5.080.40
24 Root Pnrne 200 lf $t7.71 $ 3,s46.00
,<Demo Drail Pipe 445 lf $ 7s.88 s 33,766.60
26 Demo Drain SEucture 3 ea s 4.000.00 $ 12.000,00
27 Temporary Pipe Plug I ea s 5,909.09 $ 5,909.09
28 Clean Existing 12' RCP I ls $ 4,000.00 $ 4,000.00
Total $ 437,114.74
8. Golf Course
Item TotaI
I Round-Up/lRotovate 20 ac s I,045.45 $ 20,909.00
2 Rough Shaping I ls s 23,390.91 $ 23,390.91
3 Greens Constructio n 4?,1t7 sf $3.29 $ 139,222.93
4 Tee Construction 45,850 sf b 0.14 $ 6.419.00
5 Bunker Construction I 1,750 sf $0.95 s 11.162.50
Drainage $
6 4' Perf 625 lf c 8,73 $ 5,4s6.25
7 4" Solid 845 tf $4.99 $ 4,216.5s
o 6" Solid 1,r77 lf s 13.16 $ 15,489.32
9 8" Solid 485 ea {15.81 $ ?.667.8s
l0 12" Solid 360 ea $22.85 $ 8.226.00
1l 12" In-line Drails 21 ea $ 540.91 $ 12,440.93
$
t2 Irrigation Pump Statioo/Wet Well/Intake/Slab I ls $ 248,076.36 s 248,076.36
t3 Pump House I ea $ 73,073.i8 s ?3.073.18
t4 Irrigatiou System Golfcourse & Landscape I ls $ 3 80,6s 1.14 s 380,651.14
l5 Fertigation System & Containrnent Area 1 ls s 22,310.00 $ 22.310.00
l6 Finish Shaping I 1s $ 22,735.00 s 22,735.00
Grassing & Amendments s
t7 Sprig Greens - Platinum Paspalum 42,317 sf s 0.37 s 15.657.29
l8 Spris Tees - Platinum Paspalum 45.850 sf $ 0.33 s 15,130.50
19 Sod - Platinum Paspalum 235.000 sf $0.56 $ 13l,600.00
20 Sod - St Augustine Palmetto 26,700 sf $0.s0 $ 13,3s0.00
2L Gmw-In J mth $ 20,000.00 $ 60,000.00
TotaI s r,47,r84.71
9.- Golf Course
Item . Quantity ,:: ' Urit Price Total
I Cabbage Palms 26 ea s 250.00 $ 6,500.00
2 Mahogany 2 ea $ 250.00 $500.00
3 Green Buttonwood 2l ea s 225.00 $ 4,725.00
4 Hons Kong Orchid 3 ea $ 200.00 $ 600.00
5 Orange Geiger 3 ea $ 200.00 $ 600.00
6 Frangipani J ea $ 300.00 $ 900.00
-7 Wild Tamarind 3 ea s 200.00 $600.00
8 Simson's Stopper 3 ea s 27s.00 s 825.00
9 Trumpet Tree 3 ea $ 200.00 s 600.00
9. Laudscape - GolI Course (Cont.)
QGS Development, Inc.Page 4 of 7 Ociober 2, Z0.lJ
78
Item Total
10 Paradise Tree 3 ea $ 250.00 s 7s0.00
Tree Total s 16.600.00 $
II Coontie 260 ea s 10.00 $2.600.00
t2 Red Tip Cocopium 345 ea $ 7.00 s 2,415.00
13 Sea Grape 95 ea $ 7.00 s 66s.00
l4 Drvarf Var. S ehefflera 195 ea $ 7.00 $ 1,36s.00
Shrub Total $ 7,045.00 $
15 Evergreen Giant Lirope 93s ea $ 4.00 $ 3,740-00
Ground Corer Total $ 3,740.00 $
l6 Muhly Grass 5.770 ea $ 2.00 s 11,540.00
t7 Faxahatchee Grass 520 ea $ 4.00 s 2,080,00
l8 Sand Cordtrass 5,s60 ea $ 2.00 $ 11,120.00
r9 Seashore Dropgrass 3,195 ea $2.00 $ 6,390.00
Gr*ss Total s 31.130.00 c
20 Mulch - Melaluca t,232 cy $ 28.00 s 34,496.00
Mulch Total s 34,496.00 $
2l Spike Rtsh 520 ea s 3.50 $ 1,820.00
22 Soft Rush 890 ea s 3.50 $ 3,1rs.00
Aquatic Total s 4,935.00 {
,1 Tree Relocate - Average 37 ea $ 586.74 s 21,?09.38
Tree Relocates Total $ 21,709.38
24 Tree Removal - Average 35 ea s 5s0.00 $ 19,250.00
Tree Removal Total s 19,250.00 $
Total $ 138,905.38
9.A - Amenities
Item . ... ,' .'.,rQuan-dtlr . - ..':.:' ..;,'UnitPrice'.Iotal
I Cabbage Palms 12 ea $ 250.00 s 3,000.00
Tree Total $ 3,000.00 $
')Coontie 80 $ 10.00 s 800.00
J Firebush 90 s 8.00 $720.00
4 Red Tip Cocoplum 300 $ 7.00 $ 2,100.00
5 Blue Plumbago 55 ea $ 8,00 $440.00
6 Horizontal Cocoplum 230 ea s 14.00 $3,220.00
Shrub Total $ 7.280.00 s
7 Blueberry Flax Lily 65 ea $ 4.00 $260.00
Ground Cover Total $260.00 $
8 Muhly Grass 60 s 2.00 $120.00
9 Faxahatchee Grass 50 ea s 4.00 $200.00
10 Sand Cordgrass 25 ea $ 2.00 $ 50.00
Grass Total $370.00 $
tl Mulch - Melaluca 80 cy $ 28.00 s 2,240.00
IVIulch Total $2,240.00 $
L2 Tree Relocate l3 s 400.00 $ 5,200.00
Trec Relocates Total $ s,200.00 U
Total $ 18.350.00
Amenities
QGS Development, [nc.
10.
Page 5 of 7 October 2, l0l3
79
To'tal
1 Tot Lot Wshade, benches, Etc
Plav Ground Eqpt and Related Work 1 1s $ 205,362 50 s 20sJ62.50
lox l0 Shade System 2 ea s 5,018.27 $ 10,036.54
21x28 Shade System I ea $ 12,132.i8 5 12,132.18
36x50 Shade System t ea $ 26,498.36 s 26398.36
Handicap Picnic Table I ea $ 1,859.20 $ r.859.20
Picnic Table I ea $ 1,733.07 $ 1.733.07
Trash Receptacle I ea $ I,858.46 $ r,858.46
Park Benches s ea s 1,676.57 $ 8,382.8s
Concrete area for entry/picnic area 500 sf $4.91 $ 2,455.00
Aluminum Fence and Gate 309 tf s 42.05 $ 12,993.45
2 Splash Pad rv/shade. benchcq Etc
Splash Pad and Equiement I ls $ 364,580.00 s 364,580.00
10x20 Shade System 2 ea $ 8,523.86 s 17.047.12
Trash Receptacle a ea s l,858.46 $ 3,716.92
Park Benches 5 ea s 1,676.57 $ 8.382.8s
Aluminum Fence and Gate 231 tf s 43.73 $ 10,10r.63
$
3 Resko om,lPump Room I ls $ 241,646.50 s 2,11,646.50
A Startcrs Shed I ls $ 43,32',1.27 s 41.327,27
5 Electrical c
Skeet iisht relocation (2)I ls $ 18,900.00 $ 18,900.00
Site Eiectrical I ls $ 99.502.00 s 99,502.00
6 Tennis Courts ls $ i45,751.76 $ u5,751.76
Total $ 7,236,268.26
SUIIIMARY
Page 6 of 7QGS Development, Inc.October 1, ?013
80
L.
)
3.
4.
5.
6.
8.
9.
9.A
10.
General Conditions
Site \York/Demo
Potable Water
Sanitary Sewer
Streets
Earthwork
Drdinage
CoIf Course
.Landscape - Golf Course.
'I.andscape. Amenities
Amenities
Pro.!ect Total
li. CM F'ce @ 9.00%
12. Allowance for Permit
13 Bond & [nsurance @1.00%
Subtotal with Fee, Bond, and Insurance
14, Owner's Contingency @5.00%
Estimate Grand Total
Deductive Alternates
s
$
$
$
$
$
$
s
s
s
s
$
$
s
s
$
$'
246,808.56
41,282,72
83,136.91
84,541.9t
152,897.26
73,016.37
437,114.74
7,237,I84,7t
138,905.38
18,350.00
7,236,268,26
3,749,566.82
337,461.01
100,000.00
40,870.00
4,22',7,897.83
211"394,89
4,439,292,.72
15.
16.
Starter Shack
Fipe/Structure ftom Prairie Ayenue
(PWD.Req.)
47,664,00
100,148.60
1.. [tems not included: permanent signs, golfcouise accessories and set up
1. This proposal is based on the existing TOPO on the plans beirg accurate within +/- 0.2 feet at any gven location. TOPO
be requiied prior to final contract.
. No 12" excavate and.mix added to.lardscape iueaS of golf
Splash Pad Equipmeut - Rain Drop
. SPECIAL NOTE: Perimeter White Decking is quoted rvith Original Mortex Kool Deck. If Tuff Coat is requir'ed, ADD
QGS Developnrent; Inc.Page 7 of 7 October 2, 2013
81
EXHIBIT B
GMP AMENDMENT NO.1
GUARANTEED MAXIMUL PRICE (GI'IP) AMENDilIENT NO.1 TO THE AGREEMENT FOR PRE.
CONSTRUCTION SERVICES BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND OGS
DEVELPOMENT, INC., FOR CONSTRUCTION MANAGER AT RISK SERVICES PURSUANT TO
RESOLUTION NO. 201'I-27791 ENTITLED "CONSTRUCTION MANAGEMENT AT RISK PRE.
CONSTRUCTIOI.I SERVICES FOR THE PAR 3 GOLF COURSE RENOVATION PROJECT.
THIS GillP AMENDMENT NO.'t, made and entered into as of lhis
-day
of.-, ("GMP
Amendment No 1") amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA
(also, City) and Conskuctlon Manager, QGS DEVELPOIIIENT, lnc., (hereinafter Construction Manager or CM),
made as of the day oi_, for the following described Project:
Par 3 Golf Course
2500 Pinetree Drive
Miami Beach, FL, 33139
II/HEREAS, the Owner and the Ci\,4 have agreed to amend the Agreement in the manner set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained heretn, in the
Agreement and the other Contract Oocuments and for such other good and valuable consideration, the receipt
and sufflciency ofvrhich is hereby acknovrlbdged, the Owner and the CM do hereby agree as fcllolvs:
'L This GM P 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 Gl!1P Amendment No. 1 and the terms of
the Contract Documents are in conflict, the terms of this GMP Amendment No. 't shall govern and control. The
lerms used hereln, unless otheMise defined in this GMP Amendment No. 1 shall have the meanings ascribed to
them in the ConVact Documenls.
2. The following are hereby incorporated into the Conkact Documents and made part thereof:
a. The construction documents listed on Attachment l, GMP Amendment No.'!, attached
hereto, which are made a part of the Contract Documents by this relerence (the
'Construction Documents"); and
b. The specifications listed on Attachrnent ll, GMP Amendment No.1, attached heraio,
which speciflcations are made a parl of the Contract Documents by this reference (the
"Specifications"); and
c. Those documents tisted on Attachrnent lll, Additional Contract Documents, refer to the
executed pre-construction services agreement, attached hereto, are rnade a part of the
Contract Documents by this reference; and
d. Those documents listed on Attachment lV GMP Amendment No.1, GMP Book
82
s
inclusive of Cl!l's Proposal, Qualifications and Assumptions attached hereto, are made a
part of the Contract Docurpents by this reference; and
Those documents listed on Attachrnent V, G IP Amendment No.1, the CM's Salary and
Wage Schedule attached hereto, are made part of the contract Documents by this
reference; and
The Scope of the Work for the Par 3 Project, contemplated in this GlllP Amendment
No.1, and as described in Attachment l, GMP Amendment No,f is hereby
incorporaled into the Work; and
The Project Schedule will be provided for this Project and is sel forth on Attachrnent VI-
GMP Amendment No.1, attached hereto, are rnade a pa( hereof by this Ieference; and
The CM's Onsite Management and Superuisory Personnel for this Project shall be set
fodh herein, and incorporated as Attachment Vll to thls Agreement.
The date of Commencemenl 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"),
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 Substantia
Completion. Failure to meet either the Substantial Compleiion or Final Completion dates
shall be a malerial breach of this Agreement and liquidaied damages will be assessed
thereinafter.
Upon failur'e of the Ctul 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 S1,000 for each calendar day after the
time specified in subsection 20 of this Amendment.
The Guaranteed Maximum Price (GMP) for the Scope of Work contemplated in this G[lP
Amendment No.1, for the Par 3 project, is hereby guaranteed by the Cl'/l nol to exceed
the sum af 54,227,898. (GMP Amendment No.1), based upon the entire Scope of the
Work as described in the Contract Documents, as amendsd herein, and including, but not
limited to, the Construction Documents and the Specifications, subject only to additions
and deductions by Conkact Amendment(s) or Construction Change Directive, as
provided in the Contract Documents. The GMP for GMP Amendment No.1 is more
padicularly itemized in the Schedule of Values prepared in accordance with the terms of
the Agreernent, which Schedule of Values is attached hereto as Atlachment Vlll-GMP
Amendment No.1, and made a part oF the Contract Documents by this reference.
lncluded in the Schedule of Values and specifically identifled herein the Orvners'
h.
83
p.
q
Conlingency as defined in Article 1 .19 of the Pre-Construction Services Agreemenl is in
the amount of 5211,395.
Shoutd the Ctul realize any savings from the negotiated Schedule of Values, incorporated
as Atiachment Vlll, the City shall recerve 750/o ol said savings with no line item integrity.
The Cily reseryes the right to audit any and all contract related documents at any time
during the Project and at the end of the Project
The CM shail provide Commercial General Liability lnsurance, Automobile Liability
lnsurance, Worker's Compensation lnsurance, and Builder's Risk lnsurance, in
compliance with the provisions of Article ll, lnsurance and Bonds of the General
Conditions of the Contract for Construction.
The CM sfall provide the Public Construcrion Payment Bond and the Public Constructior
Performance and Guarantee Bond. in compliance with the provisions of Article ll,
lnsurance and Bonds of the General Conditions ofthe Contract for Construction'
By executing this GiltP Amendment No.1, the ClVl acknowledges that it has ascertained
and verifled all existing underground utilities and has coordinated all correct locations for
points of connection for all utilities, if any, raquired for this Project and has identified all
clarifications and qualiflcations for this Project, if any. Utility Localions shall be identifled
by the CM and all existing utility connections will be capped as needed, as noied in the
Qualificaiion and Assumptlons Statement.
To the extent ihat the Ovrner has authorized the CM, in writing, to perform the Work
contemplated ln this GI!1P Amendment No.1, for this Project rvith the.cM's ovrn forces,
the salary and wage schedule for the CM's personnel performing such potiion of the
Work, agreed upon by the City and the CM, shall be as set forth on Attachment V' GMP
Amendment No.1, attached heleto, and is made a part of the Contract Documents by
this reference. The CM warants and represents that the salary and wage schedule
includes the comparable market rates (including any and all benefits, contrlbutions and
insurance) charged by the CM for comparable contracls to other business and individuals
for similar services, and that such rates are not higher than the slandard paid for this
Project (Par 3) .
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.l), shall remain
unchanged and in full force and effect, and ihe same hereby expressly ratifled and
conflrmed by tha City and CM.
This GMP Amendment No.I may be executed in severat counterparts, each of which
shall be deemed an original but all ol lvhich shall constitute one and the same instrument.
84
ATTEST:
lN y/iTNESS VVi{EREOF, the panies have ser their hands and seals the oay and year first above wrrtten
THE CITY OF IIIIAMI BEACH
Rafael Granado, City Clerk . Philip Levine, Mayor
ATTEST:CONSTRUCTION MANAGER/
QGS Development , lnc.
1 7502 County Road 672,
(P.O. Drarver 108 Lithia, FL. 33547)
Lithia, Fl 33547
Jim Armstrong Assistant Vice President
Florida Contractor License: CGC 151241?
By:By:
Jacqui Gardner
Conlract Administrator
Jim Armstrong
Assistant Vice President
APPROVED AS TO
FORM & LANGUAGE
tL-\-\9
85
Par 3 Goll Course
2500 Pinetree Drive
Miami Beach, FL, 33139
GMP AMENDMENT NO.1
ATTACHMENT I CONTRACT DOCUMENTS: THE CONSTRUCTION DOCUMENTS - PIANS
DATED O8/7/2Ol 3 - par 3(Mccumber) and 9/3/2013 Par 3 Amenities(KobiKarp)
ATTACHMENT ll CONTMCT DOCUMENTS: THE SPECIFICATIONS
Par 3 Golf Course / Par 3 Amenities
ATTACHMENTIII CONTRACTDOCUMENTS:
EXECUTED PRE.CONSTRUCTION SERVICES AGREEMENT DATED IJTARCH 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
ATTACHMENTVI CONTRACTDOCUMENTS:
pRoJECT SCHEDULE (rO BE SUB[4ITTED FOR APPROVAL UPON ISSUANCE 0F
NOTTCE TO PROCEED NO. 1)
ATTACHMENTVII CONTRACTDOCUI\]IENTS:
ONSITE SITE MANAGEMENT AND SUPERVISORY PERSONNEL
ATTACHMENTVIII CONTRACTDOCUMENTS:
SCHEDULE OF VALUES
\
86
EXHIBIT C
csNsrRUC?ISN ry{ANAGHMEN'T SEBWCES, trNC.
l0 Fairu.uv D \'g . Suitc 30i ' trcernelrl Beach, l'loridrt;Il{+l " gi}r+Sl.l6l I . FA,\ 95.1-d2?J 142
TUIAMI BEACH
CAFITAL IMPROVEMENTS
CITY OF lttllAl\fl| BEACI-I
PAR 3 GO!.F COURSE
TOO% SUBMITTAL
COST ESTIruIATE
October 1,2A13
PREPARED FOR:
CITY OF MIAMI tsEACI-I
PREPARED BY:
CMS-CONSTRUCTION MANAGEMEI{T SERVICES, INC.
cMs F]LE # 2126
Quantity Surv'eyors ' Construction Managers
87
CMS-ConstrucUon Nlanag€nqnt SENices, lnc.
10 Fai.way Drive, Sulie 301
Deerfield BEach, Fl 33441
95.t-l8i-161t
cMs F|LE t 2.t26
MIA]I'I BEACH
CAPITAL IMPROVEMENTS
CITY OF MIATUI BEACH
PAR 3 GOLf COURSE
1(}O7O SUBMITTAL
COSTESTIWI,{TE
October l,2013
PREPARED FOR:
CITY OF MIAMI BEACH
MAIN SUMMARY
DIVISION DESCBIPTION AMOUNT 6/" of TOTAL
01000 GENERAL CONDITIONS $ 519.622.00 ' 12.24r/.
02000 SITE WORK / DEMOLITION 1 .540 .7 13 .12 1
s
471.99 1.54%
937%
-".--....9-.O7o/o
0.01%
P
09000
.00
7
_. _sAs%
-- - -0,!z%
-_ o.17%
0-000,4
10000
11000
/SIGNAGE
',3000 SPECIAL CONSTRUCTION
14000 ,CoNVEYTNG SYSTEMS (N/A)
,rooo IPLUtuTBrNG 60,672.40 : __ .!,43%
jsrs-q
. -?p9_0-q."
31C00
HVAC
ELECTRICAL -l-8!194-l --- .- . g.lj%
100,570.53 | ?.37%
EARTHWORK 0.00%
32000 :ExrERroR TMPROVEMENTS
33OOO ,UTILITIES
s _ 1,087.187.:!.1i ,_,__--_ zs.oo"z
S 325.435.33' 7.66Yc
SUBIOIAL I 3.840,074.70 90.430/o
3.00./6 G.C. OVERHEAD s 115,202.24 2.71V,)
5.00"/"
SUBTOTAL 5 3.955.276.94 93.14!.
G.C. PROFIT s 237.316.62 5.59%
1.29V1
i'EUEIoIA!"-_--.. i!_*_*_"4,1e2,5e1.56;BoND s 54,084-46
_, -9S-Z!:4
1.27'/a
TOTAL PROBABLE CONSTRUCTIO$I COST . S 4,246,678.02 100.00%
Prep3leC ay C Brt Wains!.i,l I O,'!lr2O1J Pagetdl
88
I
Ctos^CorEtrucdqn t4nnaqems nl Servlces, lfl c.
l0 F.krYsy D.ive, Slrjto 30l
Deerileld BeEch. Fl f,3.141
954{81.1611
cMs F|LE # ?126
IlIAMI BEACH
CA?ITAL IIUPROYEMENTS
CITY OF [,nAMl BEACH
PAR 3 GOLF COURSE
1O()% SUEMFTAL
€OSIESIIMATE
October l,201J
PREPARED FOR:
.ITY OF MAMI EEACH
SCHEDULE OF VALTJES
DfvtstoN DESCRIPTION
SITE RESIROOIU/PUMP ROOM STARTER SHACK
AlIIOUNT Yo or TOTAL AMOUNT
0t000 GENERAT CONOITJONS .478 3)3 65 12 74!/34.715.01 12.24ro -o,!lLt.!l-.12_24Pt
o?c00 S TE WORK,I OEIIOLITION I 510 ?t3. 12 39.4: c.4 0.00 0.00 0.0091
03000 CONCRETE 000 0-00d,0 s6 a48.05 19.97%--4_E_?!.94 16.580r
c4000 MASONRY 000 O ooYr t3 53S 53 2 368 00 4.450A
0s000 METALS 0c0 0.00%1.4e0.00 0 s1%. -. "- . -11-6,qgq
c5000 WOODAND PLASTICS 0 q"0"
0c0
.9_,90I
0_o0%
. -. _ _0,9q
50.938.46
o 0 0q9 -0 6a*
07600 THFPIIAI
'
MOISII IRtr FRffFC.I'ON 17.959e ..8,911,!!
I 655.00
.. _ i6,q5.1
tl tl+08000 DOORS AND IiIINOOWS 6tn 0 00%t 1.202 00 3 95%
09000 FINISHES oco 0.00y.25 881 t1 9.12.h 2.819.55 a s2:t
10000 slEgrA!r,!E_sll.ls!48E- . . .
FOIIIPIIFNT
0.c0 0-00"..7.20!.00 2.34%r50.00 0.29%
I t000 0c0 ,-_ 0_00%
o o0%
0.00 0.00%0.00 0.0c1
t?00n FI IRNISHINGS oco 000 0 00%0.0d 0.00?.
13000 IPECTAL C-ON,8-TR UOr l9N. -. _....,
CONVEYING SYSTEI!]S
Dan 0-00%000 0.00%200.00 0.-16%
r4000 0.c0 0.00si 000 0 000/:o.00 0.009t
tlaao PLUMBING 3t.860.00 0.8r%t0.07%230.00 0.43%
23000 HVAC _ -_.q.00
7t sls t3
0.00*2.266 90 0.8 r o,2,5,t 1.00
26000 ELECTRICAL 1.44%24 095.12 a 49./.a 659 EE a 76%
__3*!9-0-0 . .
.,_320Q0
33000
trARTHWORK 0c0 c 00!l 000 0.00%000 0.00*
ExlE3'o-B HrPBo]E!!E_!qs_, .- _
UTILITIES
r,087.181 lr 27_81ti .0 00 0.00!.4 0.00 p.0o!
_.9.2J.13!,11 . opq 0.o096 000 .., * 0.00%
SUBTOTAL 3.535.406 64 90.43%256.548.50 90.43%{q. -9.!t.s0.43%
!.00%G.C OVERHEAO ? "t1.1,7.695.,1i 'l 443 59 21t.t
SUATOTAL 3.64r.164 64 93 1:t.,,t 2A4 714 95 -, . .9.3*1."{%
5 SSqL
,_- !c593.l!-93..t1%
6.00%G C PEIOFIT 2t3.468 t3 5,51.n 15 &54 70 2 973.79 5.S9%
SI I FITOTAI 3,.q99.9ff. e7
49.7S3.44
98 7391 280 0s9-65 98.730ti 52.536-94 98.7lot
1_29./"BOND 1 27.t 3,613.29 Lz?rh
TOTAL PROAABLE CONSTRUCTIOH COST s3.909,750,41 100 00.1 5283.712.94 100.00%953,21.t.67 100,00'{
P al;.J, , l{ 6 a.y lvrls dr I lrEr:o il
89
CMs€onstruction Manaqement Sewices,
10 Faln uay D.iYe, Suite 301
Deerfield Beaeh, Fl 33441
954481-16.11
cMs FILE # 2126
lnc.
MIAMI BEACH
CAPITAL IMPROVEII,l ENTS
6ITY OF MIAMI BEACH
PAR 3 GOLF COURSE
lOO% SU8llRITTAL
GOST ESTIMATE
October l, 2013
PREPARED FOR:
CITY OF MIAMI BEAGH
OUALIFICATIONS
ITEM
I THIS COST ESTIMATE IS BASED ON A STANDARD OPEN.BID PROCESS,
.-.2 _
1
4
G_E_NERAL_CONptTtONS tS BASED ON A 9-MONTH CONTIRAqT.,-.-.........____*"._
THIS ESTIMATE IS BASED ON CITY OF MIAMI BEACH CAPITAL IMPROVEMENTS PLANS
AND SPECIFICATION DATED 8I ?8'?0.I3.
iDue to the prEsent volatile nature of the construction mad(et, constru6tion materbl
cost could to construction.
6
of 00 rs
Impact ,ees or oiher UljIiV companv charqes are NOT included.
7
-r-
10:
-1-t_
12
ls NOT
contaminate abalement,l removal is NOT included.
Sec!Ii9.g,t?t3_"s,9f rjce!-efe_N"Q-T*USl_u-.-d9d,_...*-*..
:Off-site storage is NOT induded-
13 Niqht shifi / cvertimBWork is NOT included.
14 Phasing costs associated yJith the work are included
15 Costs are based on work beinq performed durinq normal hours.
16 :Testinq is NOT induded-
L7.._
-18_
19
lmpact fees or,othe-r u-tiltly !g!Ilp?!y gllsrSe"s_are Nqll!!!tq!!:
gignalization is NOT included.
Concrete slab over water rnain per note 3 on PD-03 is not included. (quantily unk!o./vn).
20
?1
22
iNo nre alarm.lqggitul]lggbllle_leelion gysl9grlqre hgludrg. (none shown). _
:Uo l!S.h.!n!.rS pJg!q{l_o,l 9y$eln 'S.!llqlud..9g.-
(none shown) _.--... _._ ---
FPL meter and v/ater meter are not included.
Page 1 ol I
Prcpa(sd Df Gar, Yicinslsin , c€I201 3 Pagc r of 1
90
ffiwtuffi@hBi!6mIM@EAt&ffi(JEE!!!U4MffiTMwgSiETMffi91
GENERAL CONDITIONS cMs-coNSTRUCnON MANAGEMENT S€RVIOES, Il.lc. oonlidential
CMS-Construction Managemeflt Seryicrs, Inc.
l0 Faimeay D.ive. Sirite 301
Deerfield Beach, Fl 33,141
954-4E1.16fl
CMS FILE * 2126
Pago I
MIAMI BEACH
CAPITAL IMPROVEMEIITS
CITY OF MIAMI BEACH
PAR 3 GOLF COURSE
IOO% SUBMITTAL
COST ESTIMATE
October {, 2013
GENERAL CONDITIONS
CONSTRUCNON DURATION
COIISTRU CTION UABIL'TY
lTemporary Water Met3rs & Connect to Exislinq Service I 1.00ils-
99,0!:Y!ts.
?,tqq,pq
3,456.70
l
PreparBd by Gary Wcinstein 10r8r20t3 Pago 1ol2
92
GENERAL CONDrIIONS CMS-CONSTRUCTION MANAGEIIIENTSER$CES, lNC. Contidefltial
CMS-Constructlon Managerfledt Sef,vices, lnc.
10 Falrway O.ive, S,lrite 301
Oeerfl eld Eleach, Fl 33{41
954.481-1611
CMS FILE # 2126
Page 2
T1IIIAMI BEACH
CAPITAL IMPROVEMENTS
CITY OF MIAMI BEACI.I
PAR 3 GOLF COURSE
IOO% S{JBMTTAL
COST ESIIMATE
October 1, 2013
GENERAL COND.ITIONS
$11 13.00
Temor Corstruction
, g.rlragl_8_emCyal _grgpgers
JSUB.TOTAL
- Lease
11.160.00
s9,958.81
l_.i$
Prepared by Ganr Weinstein l 0/8/20 1 3 Page 2 ol 2
93
rffif'"llMffi94
Ptepared by Gary Weinste;n 10/8/2013 Pags I of7
95
P.Epared by Gary Weinsteiir 10i8r2013 Pa96 2 of7
96
Prepale{, by Gary W.inslerd l0/8/2013 PaEe 3 oi7
97
Frepared by Gary Weinsleifl 10/6/2013 Page 4 oI7
98
o-oECL99
Prepared by Gap/ lveinst.to 10/e,2013 Page 6 o{7
100
P.eFared by Gary la/einsleln 10/9i2013 Page 7 oF7
101
AEiErrir6lrttffim,ffituE!!@EE@rlrlqLd&@@#ffiffiffihe4TMffi102
Prapared by Gary Weinstein 10/82013 P3ga 1 ol 5
103
o.b,!I'oo-104
Prepared by Gary Weinstein 1 0/8120'13 Page 3 ol 5
105
Prapsred by Gary Weinsteiq 10i82013 Page 4 ct 5
106
RESTROOM,/ PUMP ROorVr (27' X 28'l
DlvrsroN I OESCRIPTION QUANTITY UNIT -s/uNlT AM OUNT
26n426 GROUNOING
t12 210 LF 0.56 117.50
110 EO LF 0.69 5 62.1
30 1.35 !s-__ 40.50
?5 267 s 66.75
? 83 g 28.30l3/o 10 F
z EA - s8-00 . 9_Js6.0o
'|5,{!2,5_0_, I _ _s,llzlg_
ITVSS 'I 57s-00 s 675.00
A 12Cn08.100A 3P. ,rW. lerCB,N3
1
3,725 0o
LITE FIXTURES
AE IX4 EMER 2 EA 225.00 S 452.00
B 1X4 ,l EA 't E7.197.00
1X4 EMER EA 4
EXTER UIES (NOT LISTED)3 EA 2s0.00
Prepared by Gary Weinstein I 0181201 3 Page 5 cl5
107
\/&(,J4-PfrtuiGffiffidffiJf,"'*M4F*(ffi108
CMS-construclion Management Services, lnc.
l0 FaiF ray Drive, Suhe 301
Deerfield Beach, Fl 334{l
954-t181-1511
cMs F|LE # ?126
MIAMI BEACH
CAPITAL IMPROVEMENTS
CITY OF MIAMI BEACH
PAR 3 6OLF COURSE
'r00% suBrulTTAL
COST ESTIMATE
Oclobe.l, 2013
STARTER SHACX (8' X 3l
tq. : Lr | 1q,09.s._ __-iqg!!.
rG srRtp j r , EA i 75,C0: s 75.00
oeo'a conNens - a--'-, e.q I 2so30l 5-' T,qdoros . --: .!9 - '-!f.-,- -,----nc-sl s
c- -- -. _.-_ &--_ _ u - .1-t.0!i 9 _3j0.!9tE AT a0RBS - t4.r sF ls,oor 5 2,160.00roruean"-- o , [r, 'liool 5 - - -
Preparcd by Gary Weiastein l0i8/2013 Page 1 of3
109
Prcpared by Gary Weinslein l0/8/2013 Page 2 ol 3
110
.9=c111
Matti Herreia Bowel
Exhibit D
ASTO
Ma[&RM&LANGUAGE
'il
.t
RESOLUTTON NO.r 2010-27407
iL-
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EiECUtE AN AGREEMENT
.W|THMCCUMBER GOLF,.lNC.; FORDESIGN, BID AND AWARD, ANO
CONSTRUCTION MANAGEMENT SERVICES, IN THE NEGOTIATED LUMP. suru FEE.oF $294,500, PLUS AN ADDTTTONAL NOT-TO.EXCEED AMOUNT
OF $92,600 FOR APPROVED REIMBURSABLES, FOR THE PAR 3 GOLF
COURSE, PURSUANT TO REQUEST FOR QUALIFTCATIONS (RFO) NO, 07"
os/10; WTH FUNDING TO BE APPROPRIATED FROM THE MIDDLE
BEACH]OUALIW OF LIFE RESORT T4,X FUND 161.
WHEREAS, on November 2,2OOg, the Procurement Division issued RFe No. 07-' 09/10 for Design Bid and,Award, and Constiuction Management Services, in the negotiated
lump'sum fee of $294.500, plus an additional not to exceed.amount of $92,600 for afproved ,
reimbursables for the Par 3 Golf Course; and
WHEREAS, at its February 3,2010 meeting, the City Commission approved Resolution
No. 2010-27324, accepting the recommendation of the City Minager pertaining to the ranking of
.proposals pursuant lto RFQ No. 07-09/10, and authorizing the Administration to enter hto
negotiatibns with the top-ranked firm of McCumber Golf, lnc.: and should the Administration not
be. able to negotiate with the top-ranked firm, authorizing the Administraiion to negotiale with the
second-ranked firm, Bates Design Group, lnc.; and should the Administration not be abie to
.negotiate with the second-rahked firm, authorizing the Administration to negotiate with the third-
. r€nked firm, Signature Design Services: Inc.; and
WHEREAS, following nedotiations, the City was able to reach an agreement .with
Mccumber,Golfr'lnc., in the negotiated lump sum amount of g294,500; ,nd-an additronal' amouht of $92.,600, for approved reimbursables. ,2-
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION, oF THE clw oF MIAMI BEACH, FLoRtoA, that.the Mayor and city commission hereby
approve and authorize ah Agreement with Mccumber Golf, lnc. for Design, Bid and Award, andconstruction Management services, in the hegotiated lump s'um feJof $294,500, plusran. additional not to exceed amount of $92,600 for approved ieimbursables, for the pa; 3 Golf' Course Project, with funding to be appropriated from the Middle Beach euality of Lifej Resort
DAY OF .Juru 2010.PASSED AND ADOPTED THIS
& FOR
112
Exhibit E
RESOLUTION NO.2011-27577
A RESOLUT]ON OF THE tt[AYOR AND C]TY COMMISSION OF THE CTTY OF MIAII|I
BEACH, FLORIDA PERTAINI},IG TO THE PAR 3 GOLF COURSE PROJECTAO{D THE
FI.AI'IINGO PARK PROJECT (AIIID, IH PART]CULA& TTIE TENNIS CEHTER), AiID
RAT]FYING PREVIOUSLY APPROVED RESOLUTION HO. ?o1$-2740i1, WHICH
APPROVED AND ADOPTED THE RE.DESIGI OF THE PAR 3 GOLF COURSE,
rNcLuDrNG THE CONSTRUGTTON OF FOUR (a) HARD SURFACE TENt{rS GOURTS,
TOT LOT, AIID SPLASH PAD, AI{D RATIFYIIIG PREI'IOUSLY APPROVED
RESOLUTDN NO. 2OOq,27I$, WH]CH APPROVEO THE FLAMTNGO PARK MASTER
PLAN, OPTION "L", AS AIT'ENDED, INCLUDING THE COT{STRUCTION OF
SB/ENTEEI{ (14 HYDRO COURTS AT THE PROPOSED TENNIS CENTER.
WHEREASi, on March 31, 2009, the City held a publicly adverlised meeling at Miami Beach
Senior High School where three (3) options for the newly proposed Par 3 Golf Course were presented and
explained in detail; and
WHEREAS, after a thorough explanation of each altemative, the community favored the
'Refurbished Nine (9) Hole Par 3 Golf Coursel, which would retain a full nine-hole golf course, as it exists
today; and
. WHEREAS, following the input and recommendalions ftom residenls, including the Bayshore
Homeowners Association (BHA), at the city commission meeting of october 14, 2009, th6 Malor and
CityCommission, authorized the Adminisfation to issue a Request for Qualifications (RFQ)for design, bid
and award, and const uction administration services, for the redesign of the Par 3 Golf Course (the Par 3
Golf Course Project); and
WHEREAII, on JunE 9, 2010, pursuant to Resolution No. 2010-27407, the City Commission
aPProved and aulhorized the Mayor and City Clerk to execute a professional services agreement Mth
McCumber Golf, lnc. for d€sign, bid and award, and construction managemont seruices fdr the redesign
of the Par 3 Golf Course, including four (4) hard surface tennis courts, tot lot and splash pad, pubiic
restooms, a iogging trailaround the perimeter of the site, a grove of floreringlfruit lreei, as well as lakes
wtrich would act as natural habitat reservoir and as a drainage basin and inigation sysiem; and
WHEREAS, on March 28,2011, a public meeting with BHA residents was held at the Miami
Beach Golf Cf ub,-and the primary goal of thb meetlng was to gesent the com munity with the final conc€pt
plan for the Par 3 Gotf Course Project, which encompassed all the etements ttrai McCumber Gotf had
been commissioned to provide in accordance with the approved scope of work; and
.. WHEFE4S, folloving McCumbe/s presentation, members of lhe community expressed qoncems
regarding the implemontation of a proposed plan wilh a splash pad and a tot tot, thai mijht anract children
onto th€ Par 3 faimra)rs; and
WHEREAS, BHA later presented a proposed plan thal was indicative of the elements lhat theresidents lvould accspt as part of the par 3 Golf Course projec! and
. WHEREAS, the BHA plan suggested a similar layout of the Par 3, inclusive of the lakes, jogging
Path and fout (4) tennis courts, as wpll as 26 parking spaces along the front of the Heurew ncaaiiniifai
area; and
. WHEREA{i, the proposed BHA plan did not include lhe incorporation of a tot lot, splash pad, andassociated resfoom facillties; and
WHEREAS' at the May 11,2011 CityCommission meeting, ihe CityCommission was receptive to
113
relocating the four (4) hard surface tennis courts further w6st, adjacent to Pinetree Drive, as well as
lncorporaling thc tot lot and waler splash pad; and
WHEREAS, the City conducted a subsequent analysis of the polenlial relocation of these
amenities, and concluded that these modmcations might b€ feasibls, but not wilhout changes t0 lhe
cunent Project design, as well as the potential of impacting the existing trees; and
WHEREAS, it is anticipated that the inmease in the size of the tot lot and splash pad could
potentially increaso th6 Project budgei by $250,000; and
WHEREAS, on March 27,2008, Wollberg Alvarez and Parlners (WA) was retained to prepare a
Masier Plan for the Flamingo Park Project, including the proposed Tennis Center (the Flamingo Part Project);
and
WHEREAS, the Master Plan Option "L', as approved and amended by the City Commission on
September 9, 2009, pursuant to Resolution No. 200927190, recommended the demolilion of the €xisting
Flamingo Park Tennis Center and construction of a new 5,000SF Tennis Center, with seventeen (17) hydro
courts; and
WHEREAS, during the Fekuary 3, 2010, City Commission meeting, Dr. Rosann Sidener, the
principal of Miami Beach High School, as well as a number of parents of Miami Beach High School strJdsnts, a
representative the Miami Beach High PTA, and residonts of the community, spoke and issued a unified
request to lnclude Iive (5) hard surface courts in the new Flamingo Tennis C€nterforuse bythe High School's
tennis team; and
WHEREAS, City staff has, since then, met with Dr. Sidener, who has been receptive to the
inclusion of four (4) hard surface courts at th€ Par 3 Golf Course instead; and
WHEREAS, the High School's receptivity to the construction of the hard surface courts at the Par3
Golf Course would allow the City to proceed with the design development phase of the Par 3 Golf Course
Project, and with lhe consbuction of the Flamingo Park Tennis Center, as per adopted Flamingo Park Project
Master Plan, and Permit Number 81003093, which includes the construclion of the seventeen (17) hydro
courts.
NOw' THEREFORE. BE IT RESOLVED BY THE MAYOR ANO CITY COMMISSION OF THE
CITY OF lrlAMl BEACH, FLORIDA that the Mayor and City Commission hereby ratifo the previously
approved Resolution No.2010-27407, which approved and adopted the re-design of the Par 3 Golf Coursi
Project, lncluding the construction of four (4) hard surfac€ tennis courts, tot lot, and splash pad, and ratifo the
previously approv8d Resolutjon No. 200$27190, which approved the Flamingo Park Master Plan, Option "U,
as amended, including the construclion of seventeen (17) hydro courts at the proposed Tennis Center.
PASSEoANDAooFTED loiis /t* aayr* Jan<- .2s11-
Robert E. Parcher
APPROVEDASTO
FOBM & I-ANGUAGE
Mafti Henera Bower
r:\AGENDA!2o1 l\O.0l-l 1\Flamlngo Park i/hste.ptan RESO.doc
FARE)(ECUT]ON
114
City of Miami Beach Parks & Recreation Dept.
Par 3 Golf - 5 YEAR PROJECTION
A,Ilanities/Recrealion Operating Expenses
Total AmantlleslRec. Expdns*
Perlmeter Properly Expenses
Pe.imeter Property
(to lnclud€ water)
Yerr 1 \(ear z Y6ar 3
12,000
Yr.r4 Ye.r 5 YOTAL
Exhibit F
FY 14-18
61,830
i
26,500
6,000
23,000
2,500
Yoar I
50,000
Year 2
50
Year 4
52.500;
Yoar 5
55,1
Golf op:r1hs fry€n:es
Golf Cou.se Maintenance Salanles & Benefits
Maint€nanc6 PeGonnel, Overtim€, Taxes,lEmployee Benellis & Uniforms
Yoar 1 Year 2 Year 3
95,036, s6,937i 98,87s.
:il
Ya.r 4 Year 5 TOTAL
494,571
Golf Course {\,4aintenance Ooerational Exoenses
Fe(ilizer, Equipment Lease, Chemicals, Gas & Oil, Supplies, Sod. Soil, Sand,
Top Dressing, Repai.s, Roads, Grounds and Landscape, Stationary and Printing,
Dues & Memberships, etc.
90,100 99,081 ,00.072 l0't,073 102,083
Golf Course Maintenance Profussiooal Servlces
Lake Management, Security Servic€s, Podable Restioom Rentals, Tree Pruning.
Elc.
3.600 3,636 3,672 3.709 3,746 18,364
I
Goll Course Maintenance lntemal SeNices
Water. Sewer, Telephone, Storm Water, Electricity and Propedy ManaEement
Expenses
57,792 58,370 58.954 59,543 60,13€294,197
Pro Shoo Salades & Benoflls
Pro Shop Personnel, Overtime, Tares/Employee Benelits & Uniforms 97,900 '101,855 '103,892 105,970 509,,{76'
PlD Shoo Oo€rational Exoenses
Marketing & Advertising, Stationery & Printing, Supplies, Repairs & l\4aintenance
and misc. opeaaling expenses
14,400 14,544 't4,836 14,985 73,454
Credit Card Cosls, Security System, Computer Services (POS/ Reservation
Management)
8.076 8,157 6,32'l 8,404 +r,tgo.
elephone, waste Removal, wale. and Sewer, Electricity, Computers/ll
ervices/ Phone System and Property i,'lanagemenl Erpenses
3,000 3.030 3.060 3.091 15,303.
i
Total Goll Course & Pro Shop Expanses 177,SO4 38s.612 389,416 395,318 40r,31S 1,947,569
Parks & Recreation Dept
11212014
Prepared by:
115
(nFzUJI(JF116
After Action January 15, 2014 Commission Meeting City of Miami Beach
10:23:19 a.m.
R7B A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Guaranteed
Maximum Price (GMP) Amendment No. 1 To The Pre-Construction Services Agreement With
QGS Development, lnc., Dated March 20,2012, For Construction Management At Risk Services
For The Par 3 Golf Course Project, ln The AmountOf $4,227,898 Plus A Five Percent Owner's
Contingency ln The Amount Of $211,395; ForA Total Amount Of $4,439,293 With Previously
Appropriated Funding ln The Amount Of $3,637,975 From Fund 388 - MDC CDT lnterlocal-
CDT/Resort Fund; $100,000 From Fund 429 - Stormwater LOC - Reso 20Q9-27076: $211,395
From Fund 388 - MDC CDT lnterlocal-CDT/Resort Fund; And $489,923 From Fund 306 - Mid
Beach Quality Of Life, Subject To Future Appropriation Through A Capital Budget Amendment To
The Capital Budget For Fiscal Year 2013114 To Be Presented At The January 15, 2014
Commission Meeting.
(Capital lmprovement Projects)
(Deferred on December 11,2013)
ACTION: Resolution No. 2014-28468 adopted. Commissioner Steinberg suggested moving
forward but to be mindful of future conflicts, and made a motion to approve the item; seconded by
Commissioner Wolfson; Voice-vote: 7-0. David Martinez to handle.
Commissioner Wolfson explained that this is something that began with the previous
Administratlon and there is an anticipated maintenance of $375,000 per year, and that decision-
making needs to happen at the front site. He understands that the maintenance for the golf
course is going to cost money, and he thinks they should go forward with this.
Vice-Mayor Weithorn was not prepared for the $125,000 for pro shop; she does not recall ever
approving a pro shop in that piece. To run a shop without revenue is something that she has
trouble with.
John Rebar, Parks and Recreation Department Director, explained that a "pro shop" is the one
person that will staff the golf course, greet the customer, take the fee, monitor the play, it is really
a one-person sun up to sun down, seven days a week, 12 hours a day,7 days a week.
Commissioner Tobin explained that this is interesting in its history; the Par 3 was donated for golf
course and the City did a land trade and expanded Public Works Department; neighbors went
mad and filed a lawsuit against the City. When they discussed what to do in Par 3, he suggested
a passive green space, and over the years has not been well used. Neighbors want a golf course
across the street and they believe it has an impact on the cost of their homes. He does not think
they need full staffing of this pro shop. He thinks it is important to know the history of it.
Commissioner Steinberg thinks they need to move forward and be mindful for future conflicts.
She made a motion to move item; seconded by Commissioner Wolfson; Voice-vote: 7-0.
44-
Prepared by the City of Miami Beach - City Clerk's Office
M:\$CMB\CIWCLER\AFTEMCT\2014\01 1 52014\Aa01 1 5201 4.Docx
117
sfFzUJ=(JE118
# /\AIAMIBEACH
OFFICE OF THE CITY MANAGER
No. LTC # /08'2o/(/
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DArE: April 3, 2014
TO COMMISSION
suBJEcr:PARKS & RECREATIONAL FACILITIES ADVISORY BOARD MOTION
The Parks and Recreational Facilities Advisory Board passed a motion at their meeting held on
April2,2014.
MOTION: The Parks & Recreational Facilities Advisory Board, atter giving careful
consideration, unanimously requesls that the space currently designaled as the Par 3
putting green, and that the space which includes the open space adjacent to the Scott
Rakow Youth Center bullding, pool and parking lot, be fully considered as an open play area
for the children of Miami Beach.
Members Present: Harriet Halpryn, Jonathan Groff, Leslie Graff, Lori Nieder, Paul Stein and
Samantha Bratter
Motion Made By: Paul Stein
Motion Seconded By: Jonathan Groff
Motion Passed: Votes 6-0
The Board recognizes and is aware thal a Settlement Agreement between the City and the
neighboring residents was previously agreed to. lt also understands that this is a modification to
that agreement and requires Commission action.
The Board members, as understood by staff, will be reaching out to their respective
Commissioners in order to find a sponsor for lheir motion and request a refenal to the
Neighborhoods Community Affairs Committee, or Land Use, whichever the Commission deems
appropriate.
JLM/JMT/JR/JM/tb
J. Mark Taxis, Assistant City Manager a.--)
John Rebar, Parks & Recreltion Di"rector -'l(-
Julio Magrisso, Parks & Recreation, Assist-ant Director
119
tnFzlrlIIE120
E MIAMIBEACH
OFFICE OF IHE CITY MANAGER
No.LTC* /25-;o,y'
TO:Mayor Philip Levine and Members the City m rsston
FRoM: Jimmy L. Morales, City Manager
DATE: April '16,2014
SUBJECT:PARKS & RECREATIONAL FACI TIES ADVISORY BOARD REVISED MOTION
On the Letter to Commission "LTC" dated April 3, 2014, the Parks and Recreation Department
Administration prepared a motion based on the meeting held on April 2, 2014. The motion read as
follows:
MOTTON: The Parks & Recrealional Facilities Advisory Board, after giving careful
consideration, unanimously reguests that the space currently designated as the Par 3
putling green, and that the space which includes the open space adjacent to the Scott
Rakow Youth Center building, pool and parking lot, be fully considerd as an open play area
for the children of Miami Beach-
Members Present: Haniet Halpryn, Jonathan Groff, Leslie Graff, Lori Nieder, Paul Stein and
Samantha Bratter
Motion Made By: Paul Stein
Motion Seconded By: Jonathan Groff
Motion Passed: Votes 64
After the LTC was published, the Parks and Recreational Facilities Advisory Board Chairperson,
Jonathan Groff requested that the Administration review the audio to make clarifications on the
intent of the Board if the audio supports the modification. After careful review the Department
would like to clarify the intent of the Motion to the following (modifications are underlined):
MOTION: The Parks & Recreational Facilities Advisory Board, after giving careful
consideration, unanimously requests that the space eurrently designated as the Par 3
putting gr*n, and that the space which includes the open space adjacent fo the Scoft
Rakow Youth Center building, pool and parking lot, be fully considered as an oPen
recreational and play area for the children of Miami Beach and specificallv. for activities and
oroorammino af the Scoft Rakow Youth Center.
As previously stated in the LTC dated April 3, 2014, the Board recognizes and is aware that a
Settlement Agreement between the City and the neighboring residents was previously agreed to.
It also understands that this is a modification to that agreement and requires Commission action.
The Board members, as understood by staff, will be reaching out to their respective
Commissioners in order to find a sponsor for their motion and request a refenal to the
Neighborhoods Community Affairs Committee, or Land Use, whichever the Commission deems
appropriate.
JLM:rfirtkc/il
c: J. frark Taxis, Assistant Crty Manager
John Rebar, Parks & Recreation Director
Carla Gomez, Parks & Recreation, Assistant Direclor
Elizabeth Valera, Parks & Recreation, Acting Assistant Director
i;rFIlri\.Ff)
201\ ApR lE pil t; 15
LEFIER,T"o,CQAAIvII SSI O N
121
Recommendation of Miami Beach Parks and Recreational Facilities Board:
The Parks & Recreational Facilities Advisory Board, after giving careful
consideration, unanimouslyrequesfs thatthe space currentlydesignated asthe Par
3 putting green, and that the space which includes the open space adjacent to the
Scoft Rakow Youth Center building, pool and parking lot, be fully considered as an
open [recreationaland]* play area forthe children of MiamiBeach fand specifically,
for activities and programming at the Scott Rakow Youth Centerl*.
* Language added by Jonathan Groff
To accomplish this. we Respectfully request,
The Mayor and Commission instruct City administration to hold off on f,rnal approval and
implementation/Construction of the Par-3 Golf Course, with referral to either the
Neighborhoods Committee, or Land Use for consideration of our recommendation, and,/or
such other modifications as deemed appropriate and just by the City.
Respectfully submitted by,
Jonathan H. Groff
Chair, Miami Beach Parks and Recreational Facilities Board
122
Location of Fenced Recreational Area160' x 60o,*'1kPlan KeySt'nbol ller.a- fr5l ng IresI P'or:sed ltee-!It Joqq,oq Tldrl123
Scott Rakow Youth CenterOutdoor Recreational Area(160' x 60')Par-3 Golf CourseWith Putting Green, Two Acre Lake& Jogging TrailFence to be moved based on homeowner coryp!4!q[q. Residents determine\ .r'the recreational area is approximatly 5 -7 feet to far to the west. Aftermeeting with City staff, they requested it be taken down and moved.124
ApproximateLocation of PuttingG reenBlue Outline RepresentsApproximate Area Available ForOutdoor Recreational UseLocation of CurrentFenced Plav Area.. ?.J,.f,''' ,sM,125
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