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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-045Temp. Reso. No. 13097 April 18, 2018 Page 1 of 6 CITY OF TAMARAC, FLORIDA t.. RESOLUTION NO. R-2018 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A NET INCREASE OF THREE MILLION SEVEN HUNDRED TWENTY THREE THOUSAND TWO HUNDRED EIGHTY-ONE($3,723,281) DOLLARS IN THE CONTRACT VALUE FOR AD1 MANAGEMENT INC., FOR A TOTAL ESTIMATED EXPENDITURE OF ELEVEN MILLION ONE HUNDRED TWENTY-EIGHT THOUSAND TWO HUNDRED EIGHTY-ONE ($11,128,281) DOLLARS FOR THE CONSTRUCTION OF THE NEW COLONY WEST CLUBHOUSE FACILITY LOCATED AT 6800 NW 88TH AVENUE TO INCLUDE PROPERTY COMMONLY REFERRED TO AS CYPRESS WALK TERRACE; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THAT CERTAIN SECOND AMENDMENT TO CONSTRUCTION CONTRACT BETWEEN AD1 MANAGEMENT INC., AND THE CITY OF TAMARAC TO REFLECT THE CONTRACT INCREASE; AUTHORIZING AN APPROPRIATION OF $3,7237281 TO FUND THE REMAINDER OF THE PROJECT; AUTHORIZING THE CITY MANAGER TO APPROVE NON -MONETARY AMENDMENTS TO THE CONSTRUCTION CONTRACT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE LINE ITEM CHANGE ORDERS WITHIN THE APPROVED BUDGET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, approved, authorized and directed appropriate city officials to execute a Construction Contract (Contract) dated April 12, 2017 (as amended), between the City of Tamarac (City) and AD1 Management Inc., a Florida corporation, an affiliate of AD1 Tamarac Hotels, LLC (AD1) via Resolution 2017-34; and WHEREAS, the City elected on December 8, 2015, to have AD1 Tamarac Hotels, LLC, construct a new 18, 135 square feet clubhouse, an approximately Temp. Reso. No. 13097 April 18, 2018 Page 2 of 6 7,541 square feet cart barn, related parking and temporary golf operations ("Clubhouse Facility") on the Land which contains a total +/- 6.29 acres; and WHEREAS, AD1 Management Inc., the construction arm and affiliate of AD1 Tamarac Hotels, LLC ("ADV) is the party responsible under the Construction Contract for the construction of the new Clubhouse Facility; and WHEREAS, the Construction Contract has a not to exceed appropriation and expenditure amount of Seven Million Four Hundred and Five Thousand ($7,405,000.00) Dollars for the construction of the Clubhouse Facility which is defined to include the clubhouse, cart barn/maintenance building, temporary golf operations and related parking; and WHEREAS, the $7,405,000.00 construction value was predicated on conceptual design plans that were not submitted through a formal bidding process and did not include all costs associated with critical site remediation, Furniture, Fixtures or other Equipment (FF&E), Operating Supplies and Equipment (OS&E), that are necessary elements to the construction of the Clubhouse Facility; and WHEREAS, the new not to exceed construction cost is based on a formal bidding process and AD1's acceptance of the lowest most responsive bid, and WHEREAS, the building industry has seen an increase in construction costs over the last twelve (12 months) resulting partly to the net increase in the contract value; and Temp. Reso. No. 13097 April 18, 2018 Page 3of6 WHEREAS, AD1 shall be responsible for any and all construction costs (consisting of labor and materials) and for any and all architectural, engineering and building plans up to and including One Million Four Hundred Five Thousand ($1,405,000.00) Dollars, the sale price for the 2.2455 acre property that has been sold to AD1 Tamarac Hotels, LLC; and WHEREAS, the City is responsible for the payment of all costs necessary to complete construction of the Clubhouse Facility beyond AD1's maximum financial obligation, with a total cost not to exceed Eleven Million One Hundred Twenty -Eight Thousand Two Hundred Eighty -One; and WHEREAS, Funding for a portion of the City's additional contribution towards the completion of the Clubhouse Facility, was provided for in Resolution R- 2016-124, approved by the City Commission on November 9, 2016, which authorized a not to exceed Six Million ($6,000,000.00) Dollars interim interfund loan from the Storm Water Fund to finance the construction and equipping of the clubhouse, cart barn, parking and temporary operations at the Colony West Golf Course. WHEREAS, an additional appropriation of $3,723,281 will be required to complete the project; and WHEREAS, the Directors of Community Development, Financial Services, and Public Services recommend that the appropriate City Officials execute the Second Amendment to Construction Contract with AD1 Management Inc., and Temp. Reso. No. 13097 April 18, 2018 Page 4 of 6 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the execution of the Second Amendment to Construction Contract between the City of Tamarac and AD1 Management Inc., for the construction of a new Clubhouse Facility with a not to exceed construction cost of $11,128,281; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof; all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: It is hereby found and determined that the authorization to execute the Contract with AD1 Management, Inc., is in the best interest of the City of Tamarac and the residents and businesses located within the described area. SECTION 3: The appropriate City officials are hereby authorized to execute a Second Amendment to the Construction Contract with AD1 Management, Inc. consistent with the tenor of this approval by this City Commission within the not to exceed construction cost of $11,128,281 and. Temp. Reso. No. 13097 April 18, 2018 Page 5 of 6 SECTION 4: An additional appropriation in an amount not to exceed $3,723,281 is hereby approved and will be included in a Budget Amendment in Fiscal Year 2018, pursuant to F.S. 166.241(2). SECTION 5: The City Manager is hereby authorized to amend the Construction Contract, from time to time, but only for minor non -monetary changes or modifications consistent with the tenor of the original approval by this City Commission. SECTION 6: The City Manager or his designee is hereby authorized to approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6-147 of the City Code, and close the Contract, which includes but is not limited to making final payment and releasing bonds per Section 6-149 of the City Code, when the work has been successfully completed within the terms, conditions and pricing of the Contract. SECTION 7: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. No. 13097 April 18, 2018 Page 6 of 6 SECTION 9: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this c= day of ar�, 2018. A HARRY DRESSLER, MAYOR ATTEST: PATRICIA TEUFEL CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON ?Z.I> DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM )411,114 titi,,, lq/2:41�f SAIQIUEL S. G RE CITY ATTORNEY C