HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-045Temp. Reso. No. 13097
April 18, 2018
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CITY OF TAMARAC, FLORIDA
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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
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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
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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
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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
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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
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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
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SAIQIUEL S. G RE
CITY ATTORNEY
C