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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-034Temp. Reso. No. 12917 March 29, 2017 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2017 - J A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THAT CERTAIN CONSTRUCTION CONTRACT BETWEEN AD1 MANAGEMENT INC., AND THE CITY OF TAMARAC, ATTACHED HERETO AS EXHIBIT "1", 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, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A-1", ATTACHED HERETO AND INCORPORATED HEREIN; AUTHORIZING AN APPROPRIATION AND EXPENDITURE OF SEVEN MILLION FOUR HUNDRED AND FIVE THOUSAND ($7,405,000.00) DOLLARS; 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, a Florida municipal corporation ("City") is the owner of certain improved and unimproved real property located in the City of Tamarac, Broward County, Florida, and more particularly described on Exhibit "A- 1" (the "Land") to that certain Construction Contract (the "Contract ") attached hereto as Exhibit 1" and made a part hereof; and WHEREAS, AD 1 Group, LLC, a Florida limited liability company and the City entered into that certain Contract for Sale and Purchase, as amended (the "PSA") for the sale and purchase of a 2.2455 real property located in Tamarac, Florida and which is more particularly described on Exhibit "A" attached hereto and incorporated herein; and Temp. Reso. No. 12917 March 29, 2017 Page 2 of 5 WHEREAS, on May 31st, 2016, AD 1 Group, LLC assigned its rights and obligations arising from the Contract for Sale and Purchase to AD 1 Tamarac Hotels, LLC, the entity created for the hotel project and the City has acknowledged and approved the assignment; and WHEREAS, Pursuant to Section 5b of the PSA, in lieu of payment of the One Million Four Hundred and Five Thousand ($1,405,000.00) Dollar Purchase Price, the City elected on December 8, 2015, to have AD1 Tamarac Hotels, LLC, construct a new 18, 135 square feet clubhouse, an approximately 7,541 square feet cart barn, related parking and temporary golf operations ("Clubhouse Facility") on the Land which contains a total +/- 6.29 acres, as more particularly described on Exhibit "A-V attached hereto and incorporated herein; and WHEREAS, AD1 Management Inc., the construction arm and affiliate of AD1 Tamarac Hotels, LLC ("ADV) is the party proposing to contract with the City under the Construction Contract for the construction of the new Clubhouse Facility; and 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 pending sale 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, not to exceed Six Million (6,000,000.00) Dollars with a total construction cost (to include AD1's contribution) of Seven Million Four Hundred and Five Thousand (7,405,000.00) Dollars; and Temp. Reso. No. 12917 March 29, 2017 Page 3 of 5 WHEREAS, City staff and AD1 have agreed upon a maximum construction cost to include a construction management fee of four (4%) percent of the construction cost, not to exceed Seven Million Four Hundred and Five Thousand (7,405,000.00) Dollars, and WHEREAS, a budget amendment to recognize and appropriate these funds will be included in the first budget amendment for Fiscal Year 2017; and WHEREAS, the Directors of Community Development, Financial Services, and Public Services recommend that the appropriate City Officials execute the Construction Contract with AD1 Management Inc., and 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 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 $7,405,000.00; a copy of said Contract is included herein as Exhibit 1" (attached hereto, incorporated herein, and made a specific part thereof). 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. Temp. Reso. No. 12917 March 29, 2017 Page 4of5 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 Construction Contract with AD1 Management, Inc., a copy of said Contract is attached hereto as Exhibit "'I". SECTION 4: An appropriation in the amount not to exceed $7,405,000.00 is hereby approved and will be included in the first Budget Amendment in Fiscal Year 2017, 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. Temp. Reso. No. 12917 March 29, 2017 Page 5 of 5 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. SECTION 9: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of`� 2017. HARRY DRESSLER, ATT ST: MAYOR PATRICIA TEUF L, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM a r ,,SAMUEL S. GOREN CITY ATTORNEY CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT ("Contract'), made as of , 2017 by and between AD 1 Management, Inc., a Florida corporation, an affiliate of AD 1 Tamarac Hotels, LLC ("AD 1 ") having a principal office at 1955 Harrison Street, Suite 200, Hollywood, FL and the City of Tamarac, a Florida municipal corporation ("CLAY'), having its principal office at 7525 NW 88th Avenue, Tamarac, Florida 33321. PRELIMINARY STATEMENT A. AD 1 Group, LLC, a Florida limited liability company and the City entered into that certain Contract for Sale and Purchase, as amended (the "Contract") for real property ("Property") located in Tamarac, Florida and which is more particularly described on Exhibit "A" attached hereto and incorporated herein. B. AD 1 Group, LLC assigned its rights and obligations arising from the Contract for Sale and Purchase to AD 1 Tamarac Hotels, LLC on May 31 st, 2016 and the City has acknowledged and approved the assignment. C. Pursuant to Section 5b of the Contract, on December 8, 2015, in lieu of payment of the Purchase Price, the City elected to have AD 1 construct a new Colony West Golf Clubhouse on the land located at 6800 NW 88th Avenue, Tamarac, Florida (the "Land"), which Land contains a total +/- 6.29 acres and includes property commonly referred to as Cypress Walk Terrace (Folio #494109060123), as more particularly described on Exhibit "A-l" attached hereto and incorporated herein. D. 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 "Maximum AD 1 Financial Obli ation") . E. The City is desirous of utilizing the services and experience of AD 1 in connection with the development, design and construction of the Project, and AD 1 desires to render such services, all upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, City and AD 1 agree as follows: ARTICLE I - DEFINITIONS 1.1 Definitions. As used herein, the following terms shall have the respective meanings indicated below: (a) "Affiliate s)" means, with respect to any Person, any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person. The term "control" (including the terms "controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies [00174604.1 2704-9499232) Page 1 of 36 of a Person, whether through the ownership of voting securities, by contract or otherwise. (b) "Architect" means, collectively, David L. Wallace & Associates, P.A. or such other architect selected by AD 1 and approved by City in its reasonable discretion pursuant to the terms hereof as the architect of the Project. (c) `Budget" has the meaning set forth in Section 3.2. (d) "Change Order" means any written alteration or modification to a contract executed by the city in accordance with the terms of the contract, directing AD 1 to make changes due to unanticipated conditions or developments, which do not substantially alter the character of the work contracted for, and which do not vary so substantially from the original specifications as to constitute a new undertaking. (e) "Ciff'means the City of Tamarac, a Florida municipal corporation. (f) "Claim" shall mean a demand or assertion by either the City or AD 1 seeking as a matter of right, payment of money or other relief with respect to the terms of the subject construction contract. The term "Claim" shall also include other disputes and matters in question between the City and AD 1 arising out of or relating to this Contract. (g) "Clubhouse Facilitv" means clubhouse, cart barn/maintenance building, temporary golf operations and related parking. (h) "Completion Date" means the date the Project is Substantially Complete. (i) "Contract" has the meaning set forth in the preamble above. 0) "Construction Inspector" means the Public Services Director for the City of Tamarac or any other person or persons designated by the City from time to time, whose fees and expenses shall be paid by City. (k) "Contract Documents" shall mean the Purchase and Sale Agreement and the subject Contract. (1) "Contractor" means AD 1 or such other general contractor selected by AD 1 and approved by City in its reasonable discretion pursuant to the terms hereof as the general contractor for the Project. (m) "Effective Date" shall mean the date the City Commission of the City of Tamarac approves and authorizes the execution by the Mayor of this Construction Contract. (n) "Engineer" means Sun -Tech Engineering, Inc., or such other engineer selected by AD 1 and approved by City in its reasonable discretion pursuant to the terms hereof to provide engineering services for the Project. (00174604.1 2704-9499232) Page 2 of 36 (o) "Escrow Agent" means TD Bank, NA. (p) "Final Completion" has the meaning set forth in Section 6.7. (q) "Force Mateure" means the inability to obtain equipment or building materials, despite the timely and diligent effort by AD 1 to obtain such equipment and materials or the inability of AD 1 or City to perform their respective obligations hereunder (excluding, however, any obligation to pay money), due to, in whole or in part, acts of God, fire, earthquake, flood, rainfall or other weather delays which interfere with construction, vandalism, accidents, acts or delays of public agencies or governmental bodies, any moratorium on the issuance of governmental approvals or utility service connections or other similar government actions, strikes, union labor disputes or other union work stoppages, freight embargoes or inability to obtain basic materials, supplies or fuels, or other similar events beyond the reasonable control of (and not caused by the negligence of) AD 1 or City, as applicable. (r) "Hazardous Materials" has the meaning set forth in Section 3.7. (s) "Improvements" means the buildings, structures (surface and subsurface) and other improvements making up the Project, as set forth in the Plans and Specifications. (t) "Land" The real property described on Exhibit "A-1" attached hereto and made by this reference a part hereof. (u) "Legal Requirements" means published statutes, ordinances, orders, rules, regulations, permits, licenses, authorizations, directions and requirements of governments and governmental authorities, which are applicable to the Premises and the operation thereof, including, without limitation, those relating to zoning, building, and life/safety. (v) "Monthly Request" has the meaning set forth in Section 6.2. (w) "Monthly Report' has the meaning set forth in Section 6.9. (x) "Person" means any natural person or any corporation, partnership (general, limited or other), limited liability company, company, trust, business trust, cooperative or association (y) "Plans and Specifications" The plans and specifications for the Project prepared by AD1's Architect, a copy of which is attached hereto and incorporated herein as Exhibit `B," as modified and approved by City in accordance with this Contract. (z) "Premises" means the Land and Improvements, collectively, and City's interest therein, and any greater estate or interest hereafter acquired, together with all entrances, exits, rights of ingress and egress, easements and appurtenances belonging or pertaining thereto. (00174604.1 2704-9499232) Page 3 of 36 (aa) "Project" shall be defined as a golf clubhouse facility consisting of +/- 18,135 square feet, +/- 7,227 square feet of which shall be cart barn and maintenance space, associated parking and temporary golf operations. (bb) "Project Costs" means all hard and soft costs associated with the construction of the Project, including without limitation, project management fees in an amount equal to (4%) percent of the final budgeted project costs, insurance premiums, bonds and general conditions. (cc) "Punch List Items" has the meaning set forth in Section 6.6. (dd) "Retainage" means the amount of money as referenced in Section 6.4 retained by the City until the completion of the Project, which shall include the completion of all Punch List Items to the satisfaction of the City. (ee) "Schedule" means the preliminary design and construction schedule for the Project schedule attached hereto as Exhibit "D." Exhibit "D" shall be amended to replace the preliminary Schedule with the final Schedule on or before the expiration of ten (10) calendar days subsequent to the issuance of the master building permit necessary to commence construction of the clubhouse facility. (ff) "Substantial Completion" or "Substantially Com 1p eted" means the construction of the Improvement has been substantially completed in accordance with the Plans and Specifications, other than Punch List Items, and either temporary or permanent certificates of occupancy has been issued. (gg) "Substantial Completion Date" means the date the Improvement is Substantially Completed. (hh) "Work" means the entire completed construction of the Project. Work shall include and is the result of performing and providing all services, labor, and documentation necessary to produce such construction of the Project as required by the terms of this Agreement. 1.2 References. Except as otherwise specifically indicated, all references to Article, Section and Subsection numbers refer to Articles, Sections and Subsections of this Contract, and all references to Exhibits refer to the Exhibits attached hereto. The words "herein", "hereof', "hereunder", "hereinafter" and words of similar import refer to this Contract as a whole and not to any particular Article, Section or Subsection hereof. The terms "include" and "including" shall each be construed as if followed by the phrase "without being limited to." Unless expressly stated to the contrary, reference to any Section includes the Subsections thereof. ARTICLE II - APPOINTMENT 2.1 Appointment. City hereby engages AD 1, and AD 1 hereby accepts such engagement, to serve as the developer of the Property, and in connection therewith, AD 1 shall oversee the development of the Project and plan, arrange, administer, coordinate and monitor, on behalf of City, the development of the Project, including all design, development and construction services for the Project, subject to and in accordance with the terms of this Contract. (00174604.1 2704-9499232) Page 4 of 36 AD 1 hereby agrees to diligently perform its duties hereunder in a manner at least equal to the standard of care and quality of services necessary to develop the Project. ARTICLE III - PROJECT IMPLEMENTATION• AD 1'S DUTIES 3.1 Design. AD 1 will, on behalf of City, coordinate with the Architect and other advisors, consultants, engineers, site planners and professional advisors (individually, a "Consultant" and collectively, "Consultants") to complete the Plans and Specifications for the Project. The Plans and Specifications shall include architectural plans, landscaping plans and interior design schemes. AD 1 shall consult with the Architect, and the Architect shall prepare the final Plans and Specifications for the Project. The final Plans and Specifications as approved by the City shall be used in the construction of the Project. Exhibit B to the Contract shall be modified to replace the preliminary Plans and Specifications with the final Plans and Specifications in accordance with the terms set forth herein. 3.2 Budget. Attached hereto as Exhibit C is an outline budget (the "Budget") which identifies on a line item basis the estimated Project Costs and provides budgetary guidelines in connection with the design, development and construction of the Project. AD 1 shall at all times manage the costs and expenditures of the Project in compliance with the expenditures set forth in the approved Budget. AD 1 may, subject to the terms of this Contract, make any expenditures and incur any obligations provided for in the Budget. AD 1 shall use prudence and diligence and shall employ its commercially reasonable efforts to ensure that the actual costs incurred for each line item in the Budget shall not exceed the amount established for such line item. AD 1 shall advise City in each Monthly Report if it appears that the total costs in any line item specified in the Budget will exceed the amount budgeted therefor. All expenses shall be charged to the proper line item in the Budget, and, no expenses may be classified or reclassified for the purpose of avoiding an excess in the budgeted amount of a line item without City's prior written approval (which shall not be unreasonably withheld, conditioned or delayed). AD 1 shall give City prior written notice of the request to use any amounts in the contingency (inclusive of hard cost and soft cost) and shall obtain City's written approval prior to requesting the use of any contingency amount. AD 1 shall be permitted to apply any excess amount in any particular hard cost budget line item to other hard cost items and likewise for soft items so long as the overall budget is not exceeded. 3.3 Schedule. After the City's approval of the final Specifications pursuant to Section 3_1 above, AD 1 shall propose for City's approval (which shall not be unreasonably withheld, conditioned or delayed) an update of the Schedule, which update shall define and set forth the major design, procurement, submittal, construction, turnover and other significant dates estimated for the timely and orderly completion of the Project (both Substantial Completion and Final Completion). AD 1 shall use commercially reasonable efforts to perform its obligations hereunder in accordance with the Schedule, the provisions of this Contract and Legal Requirements. AD 1 shall update the Schedule on a monthly basis, which updated Schedule shall be included in the Monthly Report. In the event any such updated Schedule indicates any delays, AD 1 shall propose an affirmative plan to correct such delay, including overtime and/or additional labor, if necessary, and AD 1 and City shall then determine whether or not such affirmative plan shall be implemented, and if so, any additional costs will be incorporated in to the Budget. (00174604.1 2704-9499232) Page 5 of 36 3.4 Duties and Services. In addition to the duties and services described elsewhere in this Contract, AD 1 shall: (a) subject to the Budget, arrange for the preparation of engineering studies and other third party studies related to the development of the Project; (b) review and consult with the Architect and Engineer in their preparation of architectural and engineering plans and specifications for the Project; (c) coordinate the preparation by Architect and Engineer of a pricing set, construction set and "as -built" set of drawings and Specifications to be provided to the Architect by the Contractor; (d) obtain or cause Contractor to obtain building permits, utility approvals and connection permits, permits or approvals required under the Environmental Laws, construction approvals required to be obtained under any of the contracts and all other licenses, permits and governmental approvals required in connection with the development of the Project. Actual fees for permits are to be a direct pass through cost; (e) negotiate the business terms and submit, for City's review and approval, the agreements with the Architect, Engineer and consulting agreements and the trade contracts and such other agreements as AD 1 recommends be executed in connection with the development of the Project. Additionally, AD 1 shall provide the City a collateral Assignments of Contract executed in favor of the City by the Architect and the Engineer. (f) coordinate and manage the performance of the Architect, the Engineer , the Contractor and the consultants in connection with the development of the Project and monitor such activities and services provided by the foregoing in accordance with the terms of their respective agreements, the Schedule and the Budget; (g) maintain complete financial records and impose appropriate financial and accounting controls and cause the Architect to maintain a set of working drawings and Plans and Specifications, and addenda and change orders thereto at the Project or such other location as may be approved by City in its reasonable discretion; (h) to the extent AD 1 has knowledge of the same, promptly advise City of any material disputes, or potential material disputes, with any of the development team, any adjoining property, City or any other party relating to the Project; (i) assist all trade contractors to be bonded in such amount and with such sureties as may be approved by City in its reasonable discretion; 0) respond promptly to any questions from City regarding the work or progress of construction, construction methods, scheduling, and the like; (00174604.1 2704-9499232) Page 6 of 36 (k) copy City on all material notices received by AD 1 from the Architect, the and any governmental authorities; and (1) ensure that all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete the Project in accordance with the terms and conditions of this Contract and the Project Plans and Specifications are furnished. (m) coordinate and oversee all the work and labor necessary to construct the Project. (n) Cause Contractor to furnish each subcontractor or material supplier with a copy of its Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City at time of issuance of the Public Construction Bond. (o) on or before the Substantial Completion Date, AD 1 shall cause Contractor to provide to the City a Warranty Bond which shall serve to guarantee all work and materials for a period of one (1) year from the date of final acceptance by the City. Upon receipt of written notification from the City, AD 1 shall cause Contractor to correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. Contractor shall make the necessary corrections within ten (10) days of receipt of the written notice. (p) cause Contractor to comply with the provisions of Section 255.05, Florida Statutes, if applicable. Cause Contractor to pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in connection with the Project. Cause Contractor to furnish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by City. (q) Ensure that .all rubbish, debris, excess material, tools and equipment is removed and cleaned up from streets, alleys, parkways and adjacent property that may have been used or worked on in connection with the Project. (r) observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Tamarac, as well as all federal, state and local laws. (s) perform such other tasks as set forth in the Contract Documents. (t) Cause Contractor to provide all required bonds, insurance certificates and any other required security for performance of the Project within fifteen (15) days prior to commencement of construction as reflected in the schedule attached as Exhibit «D» (u) AD 1 shall be held responsible for the care, protection and condition of all work until Final Completion and acceptance thereof, and will be required to make (00174604.1 2704-9499232) Page 7 of 36 good at its own cost any damage or injury occurring from any cause resulting from their acts or omissions and to cause the Contractor to make good at its cost any damage or injury occurring from Contractor's acts or omissions or the acts or omissions of Contractor's subcontractors or suppliers. (v) perform generally such other acts and things as may be reasonably required in accordance with this Contract for the general supervision and coordination of the planning, design, development and construction of the Project and advising and consulting with City and any consultants with respect thereto. (w) perform its duties and exercise its rights hereunder in a timely and professional manner and shall exercise its rights and perform its duties in good faith and in the best interest of City. (x) Upon receipt of notice from Contractor, notify the City in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work associated with the Project and, upon receipt of written notice from City within a reasonable time, notify Contractor of any objection City may have to the employment of a given subcontractor. 3.5 Limitations on Authority of AD 1. Notwithstanding anything to the contrary herein, AD 1 shall not, without the prior approval of City, take any of the following actions: (a) modify or terminate any of the agreements to which City is bound from time to time except as otherwise expressly provided herein; (b) enter into, in its own behalf or on behalf of City, any agreements or contracts subsequent to the date of this Contract relating to the design, construction or development of the Project, or any portion thereof, or modify, waive any right under, consent to the assignment of, terminate or enforce any such agreement or contract, without the City's approval; and (c) except as expressly permitted hereby, modify the Budget, the Plans and Specifications or the Schedule. 3.6 Employees and Project Staffing. (a) AD 1 shall be responsible for the management of the construction and development of the Project. (b) AD 1 shall assign to the Project such staff as may be reasonably required to perform its duties hereunder with due diligence and to cause the Project to be completed in accordance with the Schedule. AD 1 shall have the right to change staff members at any time and from time to time provided AD 1 shall furnish City with notice of any substitution and such substitute person shall be qualified. (c) All persons, other than independent contractors, employed by AD 1 in the performance of its responsibilities hereunder shall be exclusively controlled by and (00174604.1 2704-9499232) Page 8 of 36 shall be the employees of AD 1 and not of City, and City shall have no liability, responsibility or authority with respect thereto. All matters pertaining to the employment, supervision, compensation, benefits, payment of taxes, promotion and discharge of AD 1's employees shall be vested solely with AD 1 and City shall not have any rights or obligations with respect thereto. AD 1 shall comply fully with all Legal Requirements having to do with worker's compensation insurance, Social Security, unemployment insurance, hours at labor, wage, working conditions and other employer -employee related subjects. Without limiting the foregoing, AD 1 shall not discriminate on the basis of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. AD 1 shall also be an equal opportunity employer as required by all laws applicable to AD 1. (d) This Contract does not create an employee/employer relationship between City and AD 1. It is the intent of the Parties that AD 1 is an independent contractor under this Contract and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. AD 1 shall retain sole and absolute discretion in the judgment of the manner and means of carrying out AD 1's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of AD 1, which policies shall not conflict with City, State, or United States policies, rules or regulations relating to the use of AD 1's funds provided for herein. AD 1 agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between AD 1 and the City and the City will not be liable for any obligation incurred by AD 1, including but not limited to unpaid minimum wages and/or overtime premiums. 3.7 Hazardous Materials. If AD 1 becomes aware of the existence of hazardous materials, wastes, toxic substances, asbestos or asbestos -containing materials and the like (hereinafter, "Hazardous Materials") at, in, on or under the Land, AD 1 shall immediately notify City of the condition, both orally and in writing, and shall consult with City regarding the best course of action in regard thereto. AD 1 shall use its good faith, commercially reasonable efforts to prevent the occurrence of Hazardous Materials at the Premises and shall cooperate with City in abating and remedying any Hazardous Materials at the Premises and in operating the Premises so as to avoid and/or eliminate any hazardous condition. 3.8 Indemnification. AD 1 hereby agrees, unconditionally, absolutely, and irrevocably, to indemnify, defend, and hold harmless CITY, its affiliates, successors, assigns, and the officers, directors, employees, and agents of CITY, against and in respect of (00174604.1 2704-9499232) Page 9 of 36 a) any loss, liability, cost, injury, expense, or damage of any and every kind whatsoever (including without limitation, court costs and attorneys' fees and expenses) which at any time or from time to time may be suffered or incurred in connection with any inquiry, charge, claim, cause of action, demand, or lien made or arising as a result of the introduction of a Hazardous Substance onto the Land during the construction of the Project, expressly excluding any Hazardous Substance that was present on the Land prior to the commencement of construction by Contractor, whether now or unknown, including without limitation, any costs, fees, or expenses incurred in connection with the removal, encapsulation, or other treatment of Hazardous Substances from or on the Land as a result of the Project. For the avoidance of doubt, AD1 shall have no obligation with respect to any unforeseen Hazardous Substance discovered on the Land during construction of the Project. b) any loss, liability, cost, expense, or damage (including without limitation, attorneys' fees) suffered or incurred as a result of or arising out of or in connection with any failure of the Contractor or any subcontractor to comply with all applicable environmental protection laws, ordinances, rules, and regulations relating to health, safety, or the environment, and any litigation, proceeding, or governmental investigation relating to such compliance or non-compliance; and 3.9 Survival. (A) The provisions of and undertakings and indemnification set out in this Indemnity shall survive the substantial completion of the Project and shall continue to be the personal liability, obligation, and indemnification of AD 1, binding upon AD 1, forever. (B) This Indemnity shall be continuing, irrevocable, and binding on AD 1 and its respective successors and assigns and shall inure to the benefit of City and City's successors and assigns. AD 1's obligations hereunder may not be assigned. The dissolution of AD 1 shall not affect this Indemnity or any of AD 1's obligations hereunder. 3.10 Indemnification Procedure. (A) AD 1 shall notify City within five (5) calendar days upon receipt of any inquiry, notice, claim, charge, cause of action, or demand pertaining to the matters indemnified hereunder, including without limitation any notice of inspection, abatement, or noncompliance, stating the nature and basis of such inquiry or notification. AD 1 shall within five (5) calendar days deliver to City any and all documentation or records as City may request in connection with such notice or inquiry, and shall keep City advised of any subsequent developments. (B) City shall give written notice to AD 1 of any claim against City which might give rise to a claim by City against AD 1 under this Indemnity stating the nature and basis of the claim, the amount thereof, and reasonable best estimate of the amount of AD 1's liability to City in connection therewith. (C) If any action shall be brought against City, then after City notifies AD 1 thereof as provided in paragraph 12.5, AD 1 shall be entitled to participate therein, and to assume the (00174604.1 2704-9499232) Page 10 of 36 defense thereof at the expense of AD 1 with counsel reasonably satisfactory to City and to settle and compromise any such claim or action; provided, however, that City may elect to be represented by separate counsel, at City's expense, and if City so elects, such settlement or compromise shall be effected only with the consent of City, which consent shall not be unreasonably withheld. (D) AD 1 shall make any payment required to be made under this Indemnity promptly, and shall make such payment in cash in the amount thereof. In the event that such payment is not made forthwith, City, at its sole election and in its sole discretion, may proceed to suit against AD 1. ARTICLE IV - INSURANCE 4.1 City's Insurance. City shall procure and maintain until Final Completion, at its sole cost and expense, the following insurance coverages: (a) Proof of commercial general liability and property coverage for the public property covered. 4.2 AD 1's Insurance. AD 1 shall procure and maintain until Final Completion, at its sole cost and expense, the following insurance coverages: (a) worker's compensation and employer's liability insurance, covering AD 1's employees engaged to perform any work under this Contract, at no less than statutory requirements and with an employer's liability limit of not less than $1,000,000 per accident or disease; (b) non -occupational disability insurance when required by law; (c) automobile liability insurance covering owned (if applicable), leased (if applicable), hired and non -owned vehicles, providing coverage of $1,000,000 combined single limit coverage for bodily injury and property damage; and (d) commercial general liability insurance (including personal injury liability coverage), naming the City as an additional insured, with a minimum per occurrence limit of at least $1,000,000 and a general aggregate limit of $1,000,000; and (e) excess umbrella liability insurance coverage insuring losses in excess of the insurance required under Sections 4.2(c) and (d) up to a total limit of $1,000,000 on an occurrence basis; and (f) Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 4.3 Third party Insurance. AD 1 agrees to recommend the hiring of only qualified, reputable, licensed and insured contractors to work at the Project, and to require each contractor, at such contractor's sole cost and expense, to: (00174604.1 2704-9499232) Page 11 of 36 (a) have in force, prior to commencement of any work, Worker's Compensation Insurance in compliance with statutory requirements, Employer's Liability Insurance in a minimum amount of Five Hundred Thousand Dollars ($500,000) per accident or occurrence; (b) automobile liability insurance covering owned (if applicable), leased (if applicable),' hired and non -owned vehicles, providing coverage of $1,000,000 combined single limit coverage for bodily injury and property damage; (c) commercial general liability insurance (including personal injury liability coverage) , naming the City as an additional insured, with a minimum per occurrence limit of at least $1,000,000 and a general aggregate limit of $1,000,000; and (d) excess umbrella liability insurance coverage insuring losses in excess of the insurance required under Sections 4.3(b) and (c) up to a total limit of $1,000,000 on an occurrence basis; and (e) When appropriate, Builder's Risk and property insurance upon the entire Project to its full insurable value, which insurance shall insure against the perils of fire and extended coverage and shall include all risk insurance for physical loss or damage, extra -expense and loss of rental income, including, without duplication of coverage, theft, vandalism and malicious mischief; and (f) When appropriate, Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. (g) add City and AD 1 as additional insureds under the contractor's aforementioned liability coverages (excluding Professional Liability); and (h) provide to City insurance certificates evidencing and confirming the contractor's compliance with the above requirements prior to commencing work under the relevant contract. AD 1 acknowledges that City will have the right, from time to time, upon reasonable notice to AD 1, to change the insurance requirements set forth above and existing contractors shall have reasonable period of time to comply. 4.4 General Requirements. (a) As referenced in Sections 4.2 and 4.3 herein, all insurance obtained by the parties pursuant to this Contract shall be maintained in effect until Final Completion and shall be written with companies with a rating A-VIII or better by A.M. Best and licensed to do business in Florida. All policies obtained by either party may be included in blanket policies, provided such limits and coverage apply on a per location basis. All deductibles shall be the sole and exclusive responsibility of the party (00174604.1 2704-9499232) Page 12 of 36 obligated to maintain the insurance hereunder. Each policy maintained by AD 1, Architect, Engineer, Contractor and trade contractors shall name City as an additional insured on a primary and non-contributory basis. The parties shall, with regard to the coverage required of it, deliver certificates of insurance evidencing the required coverage to the other party within ten (10) days after the date of this Contract or within ten (10) days prior to the expiration of any policy already in effect. (b) All general liability insurance shall be written to apply to all bodily injury (including death), property damage, personal injury, advertising injury and other covered loss, however occasioned, which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. (c) Each party shall immediately provide a notice to the other party of any notice or communication from any insurance carrier purporting to cancel, terminate or reduce any insurance coverage maintained by such party hereunder. Each party shall provide a notice to the other party at least forty-five (45) calendar days (ten (10) days in the case of non-payment of premium) prior to any cancellation by such party of any insurance policy or any change in such party's insurance carriers. (d) In the event of any loss or claim under a policy of insurance maintained by or on behalf of either party with respect to the Project, both parties shall fully cooperate with each other and comply with the conditions and terms of such insurance policies to the end that payment may be obtained for any covered loss; provided, however, that nothing herein shall authorize AD 1 to compromise or settle any loss or claim under a policy of insurance maintained by or on behalf of City (e) Anything in this Contract to the contrary notwithstanding, each party hereto hereby waives with respect to the other party, any and all rights of recovery, claim, action or cause of action, against such other party and such other party's respective agents, officers and employees for any loss or damage the waiving party may have suffered but only to the extent such loss or damage is covered by insurance and such waiving party received the proceeds of the same. ARTICLE V - COVENANTS AD hereby covenants and agrees with the City as follows: 5.1 Construction Contract. Upon execution and delivery of this Contract, AD 1 will not: (i) permit any default under the terms of this Contract, (ii) waive any of the obligations of Contractor thereunder, (iii) do any act which would relieve ADl from its obligations to manage and oversee the construction of the Improvements according to the Plans and Specifications. 5.2 Commencement and Completion of Construction. AD1 will commence construction of the Project in compliance with the project scheduled as set forth in Exhibit "D" attached hereto , and will diligently pursue said construction of Project pursuant to the Plans and Specifications without deviation unless with the (00174604.1 2704-9499232) Page 13 of 36 prior written approval of City. AD 1 will provide satisfactory evidence of full compliance with all of the above matters upon request therefor by City. 5.3 Right of Cit to o Inspect Premises. AD 1 shall permit City and its representatives and agents and Construction Inspector to enter upon the Premises and to inspect the Improvements and all materials to be used in the construction thereof and will cooperate with City and its representatives and agents during such inspections (including making available to City working copies of the Plans and Specifications); provided, however, that this provision shall not be deemed to impose upon City any obligation to undertake such inspections or any liability for the failure to detect or failure to act with respect to any defect which was or might have been disclosed by such inspection. 5.4 Correction of Defects. Unless AD 1 demonstrates to City that such corrective work is inappropriate or inconsistent with the Plans and Specifications, AD1 will cause Contractor to promptly correct all defects in the Improvements or any departure from the Plans and Specifications not previously approved in writing by City. 5.5 Soil Test. AD shall obtain and provide to City such soil tests of the Land as City may request. 5.6 Additional Documents. AD1 shall: (a) Regarding Construction. Upon receipt of written request from City, furnish to City all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, and each and every other document and instrument that as may be required by the City; (b) Regarding this Contract. Do and execute all and such further lawful and reasonable acts, conveyances and assurances for the better and more effective carrying out of the intents and purposes of this Contract as City shall reasonably require from time to time. 5.7 Easements and Restrictions. Any proposed easements, permits, licenses and other instruments which would or might affect the title to the Premises shall be submitted to City for City's approval prior to the execution, accompanied by a survey showing the exact proposed location thereof and such other information as City shall reasonably require. 5.8 Compliance with Requirements. AD 1 shall comply promptly with each and every requirement under this Contract and shall furnish City, on demand, independent (00174604.1 2704-9499232) Page 14 of 36 evidence of such compliance. Without limiting the foregoing, if either or both the so-called Federal Clean Air Act, as amended, or the Federal Water Pollution Control Act, as amended, are applicable to the Premises, AD 1 represents that the Improvements are not in violation of such Acts and any of the rules, regulations and orders issued thereunder, and AD1 represents and warrants with City, so long as AD 1 is obligated to City under this Contract, that construction will take place and be completed in conformity with such Acts. 5.9 Compliance with Restrictive Covenants and Easements. AD1 shall comply with all restrictive covenants and easements affecting the Premises, if any. 5.10 Mechanics and Materialmen. AD 1 shall furnish to City, upon request at any time, and from time to time, affidavits listing all materialmen, subcontractors and any other parties who might or could claim statutory or common law liens and are furnishing or have furnished material or labor to the Premises or any portion thereof, together with affidavits, or other evidence satisfactory to City, showing that such parties have been paid all amounts then due for labor and materials furnished to the Premises. In addition, AD1 will notify City immediately, and in writing, if AD 1 receives any notice, written or oral, from any laborer, subcontractor or materialmen to the effect that said laborer, subcontractor or materialmen has not been paid when due for any labor or material furnished in connection with the construction of the Improvements. In addition, AD 1 shall furnish to City, at any time and from time to time upon demand by City, lien waivers bearing a then current date. 5.11 Time of Essence. In as much as the provisions of this Contract relating to the times of performance and completion of the Project are for the purpose of enabling the City to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. ARTICLE VI REQUEST FOR PAYMENT; COMPLETION; RECORDS AND REPORTS 6.1 Escrowed Funds. Within five (5) calendar days subsequent to the Effective Date, AD1 shall deposit in escrow with Escrow Agent the sum of $1,405,000.00 constituting the Maximum AD1 Financial Obligation (the "Escrowed Funds"). Escrow Agent shall hold and disburse the Escrowed Funds in accordance with the terms of this Contract. The Escrowed Funds may be released by Escrow Agent and utilized by AD1 solely for the payment of Project Costs. 6.2 Monthly Requests. AD1 shall be primarily obligated to pay for all Project Costs incurred in accordance with the Budget (as the same may be modified pursuant to the provisions of this Contract) up to the Maximum AD1 Financial Obligation, which shall be paid out of the Escrowed Funds. AD 1 shall submit to City during the course of construction of the Project as part of the Monthly Report a monthly draw request substantially in the form of the monthly draw (00174604.1 2704-9499232) Page 15 of 36 request included in the Monthly Report (the "Monthly Request") for the amounts to be paid by AD1 towards completion of the Project for the applicable Monthly Request. Each Monthly Request shall be accompanied by the certifications of AD 1 and Architect of the amounts requested to be disbursed pursuant thereto, original invoices, lien waivers and such other supporting documentation as City may reasonably request. Not more than one (1) Monthly Request shall be submitted to City each month. Within seven (7) business days after receiving the Monthly Request, City shall review the Monthly Request and notify AD 1 of those items in the Monthly Request, if any, not approved by City in its reasonable discretion. Any item not approved by City shall contain a written explanation as to why said item was not approved and AD 1 shall have the opportunity to re -submit said item within seven (7) business days whereby the approval process shall be the same as above. Once approved, the requested sums shall be paid out of the Escrowed Funds to AD1 and AD1 shall remit the funds to the appropriate entity for the payment of such items. A. Claims and Disputes between AD1 and City: The Architect will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work, and claims under paragraph 6.2 (a) in respect of changes in the Schedule will be referred initially to Architect in writing with a request for a formal decision in accordance with this paragraph and as follows: 1. Written notice of each claim, dispute and other matter shall be delivered by the claimant to Architect and the other party to the Agreement promptly (but in no event later than 30 days) after the start of such occurrence or event giving rise thereto; 2. Written supporting data shall be submitted to Architect and the other party within thirty (30) days after the start of such occurrence of event unless Architect allows an additional period of time for the submission of additional or more accurate data in support of the claim, dispute or other matter; 3. The opposing party shall submit any response to Architect and the claimant within thirty (30) days after receipt of the claimant's last submittal (unless Architect allows additional time). 4. Architect will render formal decision in writing within thirty (30) days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. 5. Architect's written decision on such claim, dispute or other matter will be final and binding upon City and AD1 unless a written notice of intention to appeal from Architect's written decision is delivered by City or AD1 to the other and to Architect within thirty (30) days after the date of such decision; and, 6. Within a further thirty (30) days, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty (60) days of the date of such decision, unless otherwise agreed in writing by City and AD 1. (00174604.1 2704-9499232) Page 16 of 36 6.3. Project Costs Over Maximum ADl Financial Obligation. The City shall be responsible for the payment of all costs necessary to complete construction of the Project that exceed the Maximum AD 1 Financial Obligation (the "City Financial Obligation"). In this regard, AD 1 shall provide evidence satisfactory to City that it has expended an amount equal to the Maximum AD1 Financial Obligation in connection with the construction of the Project (the "AD 1 Threshold Notice"). After delivery of the AD 1 Threshold Notice, AD 1 shall continue to submit Monthly Draw Requests and the City shall pay the amounts requested in the Monthly Requests in the manner set forth in Section 6.2 hereof. t In this regard, prior to the commencement of construction, the City shall furnish to AD written evidence that the City has the funds necessary to complete the construction of the Project once the Maximum AD1 Financial Obligation has been met. 6.4 Retainage. A retainage of ten percent (10%) will be deducted from the payments due to the Contractor until such time as fifty percent (50%) of the Project is completed, at which point the retainage will be reduced to five percent (5%). 6.5 Substantial Completion. AD 1 will use commercially reasonable efforts to perform its services hereunder in a manner that will facilitate the Substantial Completion of the Project on or before the date set forth in the Schedule attached as Exhibit "D" for the Substantial Completion Date; provided that the projected Substantial Completion Date and the Budget shall be adjusted equitably, subject to terms and conditions of this Contract, to account for any obstruction with or delay in performance of the Project due to Force Majeure, or acts or omissions of the City. 6.6 Punch list. AD 1 shall notify City approximately thirty (30) days prior to Contractor's estimate of the Substantial Completion Date and again on the Substantial Completion Date. Architect, with City, Contractor and AD 1 (and any other parties designated by AD 1), will inspect the Project on a date mutually selected, but in no event more than fourteen (14) days following the Substantial Completion Date. Promptly after such inspection, Architect shall issue a Certificate of Substantial Completion (AIA G704) (or such other document in form and substance reasonably acceptable to City), certified by the Architect and all other designers of record that identifies items requiring completion (the "Punch List Items") and a per item estimate of the cost of completing such items. AD 1 shall monitor the Contractor's timeliness in completing Punch List Items. Completion of all Punch List Items and subsequent additions thereto approved by City and AD 1 shall constitute "Final Completion." 6.7 Final Completion. Upon Final Completion, AD 1 shall promptly deliver to City a copy of the following: (i) consent of surety (if applicable) to reduction in, partial release of, or final release of Retainage; (ii) signed and sealed letter from the Architect that the Project has been substantially completed per the contract documents (including as amended by change order or change directive) and per local codes and ordinances (other than those for which a waiver was obtained) (iii) certificate by Architect and all other designers of record that all completion items within the certificate of Substantial Completion (including all Punch Lists Items) are complete and all work has been completed in accordance with the contract documents (i.e. a certification (00174604.1 2704-94992321 Page 17 of 36 of Final Completion); (iv) certificates of occupancy (including certificates for elevator/escalator operation (if applicable)); (v) certificates of insurance for any coverage extending past Final Completion; (vi) contractor's affidavit of payment of debts and claims; (vii) final release and waiver of liens from contractor, subcontractors, material suppliers or any project participant with mechanic's lien rights; (viii) operating and maintenance manuals including approved submittals, manufacturers project information, maintenance recommendations and requirements; (ix) warranty documentation; and (x) as -built drawings in CAD or REVIT format utilizing background drawings as provided by the Architect and including all as -built conditions. 6.8 Books and Records. AD 1 shall keep full and adequate books of account and such other records as are necessary to reflect the results of the development of the Project. AD 1 shall keep the books and records on an accrual basis in accordance with generally accepted accounting principles consistently applied. 6.9 Reports to City. On or before the tenth (loth) day of each month prior to Final Completion, AD 1 shall prepare and deliver to City a written report on the Project (the "Monthly Report") in a form approved by City in its reasonable discretion). At the time of the delivery of the Monthly Report, AD 1 shall, if requested by City, make all supporting documentation available for inspection by City. Each Monthly Report shall be certified by AD 1 as true, correct and complete, and shall be divided into the following categories: (a) a progress report showing the status of the Project and a certification that progress is in compliance with the Schedule and Budget; (b) summary project cost report; (c) detailed project cost report. (d) spreadsheet list of all current invoices; (e) certificates of payment and backup; (f) lien waivers and a lien waivers summary spreadsheet; (g) the Monthly Request; (h) any claims made against the Premises or City; and (i) such other information as may be requested by City. 6.10 City s Rights to Inspection and Review. Upon reasonable advance written notice, AD 1 shall accord to City, its accountants, designees, attorneys and agents, the right at all reasonable times during the term hereof to review the financial books and records relating to the Project for the purpose of examining or inspecting the same or examining and making extracts therefrom. Upon City's reasonable request, AD 1 shall deliver to City the copies of any source materials utilized by AD 1 in preparing the records, books and records. (00174604.1 2704-9499232) Page 18 of 36 ARTICLE VII — EVENTS OF DEFAULT 7.1 An event of Default by AD 1 shall at the City's option be deemed to have occurred hereunder if: (a) Abandonment of Cessation of Construction. Construction of the Improvements shall cease and not be resumed within thirty (30) calendar days thereafter; provided that, AD1 shall not be in default if the cessation of construction is a result of (i) City's failure to make payments in accordance with Article VI; (ii) a pending dispute relating to a Monthly Request; and/or (iii) City fails to take any action required by the City that is necessary to continue construction; or (b) Denial of Inspection. City, its representatives and Construction Inspector shall be permitted, at all times, to enter upon the Premises, to inspect the Improvements, and to examine all detailed plans, shop drawings, specifications and other records which relate to the Improvements, or if within three (3) business days after receipt of written request from City, AD1 shall fail to furnish to City, at City's place of business, or to City's authorized representative, copies of such plans, shop drawings, specifications and records; or (c) Improper Materials. Any of the materials, fixtures, machinery, equipment, articles and/or personal property used in the construction of the Improvements or the appurtenances thereto, or to be used in the operation thereof, shall not fully comply with the Plans and Specifications as approved by Construction Inspector, and City; or (d) Failure to Complete Improvements. The Improvements are not Substantially Completed by the dates as set forth in the Schedule attached as Exhibit "D' ; or (e) False Representation or Warranty. At any time any representation, warranty or statement made by AD 1 shall be intentionally misleading in any material respect. ARTICLE VIII -TERMINATION RIGHTS 8.1 Termination by City. If any one of the following events shall happen: (a) if AD 1 shall fail to keep, observe or perform any material covenant, agreement, term or provision of this Contract to be kept, observed or performed by AD 1, and such default (00174604.1 2704-9499232) Page 19 of 36 shall continue for a period of thirty (30) days after receipt of written notice thereof by City to AD 1; (b) if AD 1 shall apply for or consent to the appointment of a receiver, trustee or liquidator of AD 1 or of all or a substantial part of its assets, file a voluntary petition in bankruptcy, or admit in writing its inability to pay debts as they come due, make a general assignment for the benefit of creditors, file a petition or an answer seeking reorganization or arrangement with creditors or take advantage of any insolvency law, or file an answer admitting the material allegations of a petition filed against AD 1 in any bankruptcy, reorganization or insolvency proceeding, or if any order, judgment or decree shall be entered by any court of competent jurisdiction, on the application of a creditor, adjudicating AD 1 a bankrupt or insolvent or approving a petition seeking reorganization of AD 1 or appointing a receiver, trustee or liquidator of AD 1 or of all or a substantial part of its assets, and such order, judgment or decree shall continue unstayed and in effect for any period of sixty (60) consecutive days; then City shall have the right to terminate this Contract upon written notice to AD 1 given at any time following the occurrence of such event, or if a period of grace is provided, then following the expiration of the applicable grace period if such event remains uncured, and this Contract shall terminate upon the date specified therein. AD 1 will, during the applicable notice period, give its employees any notices required by local, state, or federal laws and/or by contract to the extent that such notice is required by virtue of the termination of this Contract. 8.2 Termination by AD 1. If any of the following events shall happen: (a) City shall fail to keep, observe or perform any other material covenant, agreement, term or provision of this Contract to be kept, observed or performed by City, and such default shall continue for a period of (i) thirty (30) days after receipt of written notice thereof by AD 1 to City; then AD 1 shall have the right to terminate this Contract upon written notice to City given at any time following the occurrence of any such event, or if a period of grace is provided, then following the expiration of the applicable period, and while such event shall be continuing, and this Contract shall terminate upon the date specified therein, which date shall be not less than sixty (60) days nor more than ninety (90) days after the date of the giving of such notice. 8.3 Effect of Termination. The termination of this Contract under the provisions of this Article VII shall not affect the rights of the terminating party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination. 8.4 Remedies. (a) In the event of a default by City, AD 1's sole and exclusive remedy hereunder, at equity and in law, shall be to terminate this Contract by notice to City in which case AD 1 shall be entitled to seek a recovery of solely AD 1's actual and direct damages incurred. (b) If this Contract is terminated due to an event of default by AD 1 arising under Section 7.1(a) and (b) which remains uncured after any applicable cure period, City shall be entitled to actual and direct damages incurred by City as a result of such default. (00174604.1 2704-9499232) Page 20 of 36 (c) Notwithstanding anything to the contrary herein, no party to this Contract shall be entitled to recovery for special, indirect, consequential, incidental, punitive or speculative damages, including without limitation, lost profits and lost opportunities, suffered by it due to the breach or alleged breach of this Contract by another party. All parties to this Contract hereby waive any rights to such damages in the event of such a breach, even if any of such damages be allowed by law. (d) ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. AD 1 shall not be entitled to an increase in the construction cost or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by AD 1 for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if construction of the Project is delayed by an act or neglect of the City's employees, or separate contractors employed by the City, or by Change Orders, or by delay authorized by the City pending arbitration, then the time to perform shall be reasonably extended by Change Order, and the Project Costs shall be reasonably adjusted by Change Order in order to equitably increase the general conditions component of the Project Costs. Furthermore, if the progress of the construction of the Project is delayed by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond AD 1's control, or by other causes which the City and AD 1 agree may justify delay, then the time periods and deadline in the Schedule shall be reasonably extended by Change Order. Otherwise, AD 1 shall be entitled only to extensions of the time periods and deadline in the Schedule as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 8.5 Preservation of Books and Records. In the event of the expiration or earlier termination of this Contract, AD 1 shall preserve all books and records, files and correspondence remaining at the Project in accordance with City's record retention guide then in effect after the expiration or termination of this Contract, and AD 1 shall provide access to City and its representatives, to such books, records, correspondence and files at all reasonable times. 8.6 Florida's Public Records Law. The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. AD 1 shall comply with Florida's Public Records Law. Specifically, AD 1 shall: (00174604.1 2704-9499232) Page 21 of 36 (i) Keep and maintain public records required by the City in order to perform the service; (ii) Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (iii) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if AD 1 does not transfer the records to the City. (iv) Upon termination or expiration of this Contract, transfer, at no cost to the City, all public records in possession of AD 1, or keep and maintain public records required by the City to perform the service. If AD 1 transfers all public records to the City upon termination or expiration of this Contract, AD 1 shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If AD 1 keeps and maintains public records termination or expiration of this Contract, AD 1 shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. (v) During the term of this Contract, AD 1 shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. AD 1 agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 8.7 Transition. Upon Final Completion or the earlier termination of this Contract, AD 1 shall promptly (a) surrender and deliver to City any space in the Project occupied by AD 1 during the construction phase, (b) deliver to City or to City's designee any funds of City held by AD 1, (c) deliver to City all records, keys, Plans and Specifications, permits and other governmental approvals, contracts, receipts for deposits, unpaid bills, paid bills and all other records, papers and documents which relate to the Project which are or should be in AD 1's possession or control, and (d) furnish all such information and take all such action as City shall reasonably require (including, without limitation, cooperating with the new contractor) to effectuate an orderly and systematic transfer of AD 1's duties under this Contract to a new person designated by City. AD 1 shall deliver to City a final accounting (prepared in accordance with the terms of this Contract) of the Project up to and including the effective date of the termination of this Contract within thirty (30) days after such effective date. (00174604.1 2704-9499232) Page 22 of 36 ARTICLE IX -DAMAGE OR DESTRUCTION; EMINENT DOMAIN 9.1 Damage or Destruction. If the Project shall be materially damaged by fire or other casualty and insurance carriers of the Premises do not make sufficient proceeds of insurance available to City (less any applicable deductible) to permit City to rebuild and restore the Premises to a condition which permits the continued development of the Project as contemplated by this Contract, then City, by written notice to AD 1 given within sixty (60) days after the occurrence of such event, shall have the right to terminate this Contract, and notwithstanding anything to the contrary neither party shall have any further obligation to the other party hereunder, except with respect to liability accruing, or based upon events occurring, prior to the effective date of such termination. 9.2 Eminent Domain. If all of the Premises, or such portion thereof as to make it infeasible, in the reasonable opinion of City, to restore and continue to develop the remaining portion for the purposes contemplated hereby, shall be taken through the exercise, or by agreement in lieu of the exercise, of the power of eminent domain, then effective upon the date that City shall be required to surrender possession of the Premises, or a portion thereof, City may terminate this Contract and neither party shall have any further obligation to the other party hereunder, except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. In the event a portion of the Premises is taken, but mortgagee of the Premises fails or refuses to make available to City sufficient proceeds of such eminent domain proceedings in order to permit City to make appropriate alterations, restorations or repairs to the remainder of the Premises, so that the Project would continue to be operable for the purposes herein contemplated, then City shall have the right to terminate this Contract upon written notice to AD 1 and, upon the date that City shall be required to surrender possession of the Premises to the condemning authority, this Contract shall terminate and neither party shall have any further obligation to the other party hereunder, except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. Any election to terminate this Contract must be made within thirty (30) days of receipt of actual written notice from the condemning authority setting out the details of the proposed taking. If such notice does not provide the parties with sufficient detail so that a decision may be made regarding termination, the parties may mutually agree to extend the above time period in their discretion. City shall be solely entitled to any award. ARTICLE X - REPRESENTATIONS 10.1 AD 1's Representations. AD 1 covenants, represents and warrants as follows: (a) Qualification. AD 1 is experienced, competent and qualified to perform its duties hereunder and is authorized to do business in the State of Florida; (b) Sufficient Resources. AD 1 has and shall maintain until Final Completion sufficient facilities, expertise, staff, assets and other resources to perform its duties hereunder; and {00174604.1 2704-9499232) Page 23 of 36 (c) Licenses and Permits. AD 1 holds and shall maintain at all times until Final Completion, all licenses, permits or other certifications necessary to perform its duties hereunder. (d) Authority. AD 1 has full power and authority to enter into this Contract. This Contract constitutes a legal, valid, and binding agreement of AD 1, enforceable against AD 1 in accordance with its terms, except as limited by bankruptcy, insolvency, receivership and similar laws of general application to creditors' rights from time to time in effect. (e) Prohibited Persons. Neither AD 1 nor any person or corporate entity with which AD 1 has entered into a contract is (A) identified on the OFAC List or otherwise qualifies as a "Prohibited Person" or (B) in violation of any legal requirements relating to anti -money laundering or anti -terrorism, including those related to transacting business with "Prohibited Persons" or the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, U.S. Public Law 107-56, and the related regulations issued thereunder, including temporary regulations, all as amended from time to time. "OFAC List" is the Specially Designated Nationals list published by the U.S. Treasury Department Office of Foreign Asset Control. 10.2 Representations of City. The City covenants, represents and warrants that (a) as of the date hereof, it has fee simple title in the Land, (b) subject to the terms and conditions of this Article 10.2, throughout the term of this Contract it shall maintain full Ownership in the Premises, (c) it has full power and authority to enter into this Contract, and (d) this Contract constitutes a legal, valid, and binding agreement of City, enforceable against City in accordance with its terms, except as limited by bankruptcy, insolvency, receivership and similar laws of general application to creditors' rights from time to time in effect. ARTICLE XI — INDEMNIFICATION 11.1. GENERAL INDEMNIFICATION: AD 1 shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, it's agents, elected officials and employees from and against all claims, actions, liabilities, losses, costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of AD 1, any sub- contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by AD 1 in the performance of the Work; or c). liens, claims or actions made by AD 1 or any sub -contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by AD 1. (00174604.1 2704-9499232) Page 24 of 36 11.2. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 11.3. AD 1 shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 11.4. The City and AD 1 recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by AD 1 and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by AD 1. Furthermore, the City and AD 1 understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and AD 1's responsibility to indemnify. 11.5. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of AD. 1 under the indemnification agreement. 11.6. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. ARTICLE XII - GENERAL PROVISIONS 12.1 Liquidated Damages: AD 1 and City mutually agree that time is of the essence of this Contract and should AD 1 fail to complete the work within seven (7) business days following the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to AD 1, and the City will retain the amount of Two Hundred Fifty Hundred ($250.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the City will have sustained by failure of AD 1 to complete the work within the specified time; it being further agreed that said (00174604.1 2704-9499232) Page 25 of 36 sum is not a penalty, but is the stipulated amount of damages sustained by the City in the event of such default by AD 1. 12.2 If AD 1 is delayed at any time in the commencement or progress of the work by an act or neglect of the City, or of an employee of the City, or by changes ordered in the work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay resulting from a pending mediation and arbitration; or by other causes that the City determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the City may determine. 12.3 AD 1 acknowledges and agrees that the Land owned by the City upon which the Project is to be constructed is excluded from the definition of "real property" upon which liens may be placed as set forth in Section 713.01 (24), Florida Statutes. AD 1 shall include a provision substantially similar to this Section in each of its contracts and purchase orders, requiring contractors, subcontractors, materialmen, vendors and suppliers to waive any claim or entitlement to a mechanic's or materialmen's lien on the Land owned by the City upon which the Project is to be constructed. AD 1 shall not voluntarily permit any laborer's, materialmen's, mechanic's, or other similar lien to be filed or otherwise imposed on any part of the Land. If any laborer's, materialmen's, mechanic's, or other similar lien or claim thereof is filed prior to the date upon which the Maximum AD1 Financial Obligation has been paid by AD1, AD 1 shall cause such lien to be released and discharged within ten (10) days or file a bond in lieu thereof. AD 1 hereby indemnifies and holds harmless the City from all claims, losses, demands, causes of action, expenses including attorneys' fees, or suits of whatever nature arising out of any such lien. Notwithstanding anything herein to the contrary, AD shall not be liable for any claims by third parties arising from the failure of City to fund the Project after AD has paid the Maximum AD Financial Obligation. Subject to sovereign immunity as provided for in Section 768.28 of the Florida Statutes, the City shall indemnify and hold harmless AD1 from and against all claims, losses, demands, causes of action, expenses including attorneys' fees, or suits of whatever nature arising out the City's failure to fund the completion of the Project after AD1 has paid the Maximum AD Financial Obligation. 12.4 Attorneys' Fees. In the event of any litigation arising out of this Contract, the prevailing party shall be entitled to reasonable costs and expenses, including without limitation, reasonable attorneys' fees. 12.5 Notices. Except as otherwise provided in this Contract, all notices, demands, requests, consents, approvals and other communications (herein collectively called "Notices") required or permitted to be given hereunder, or which are to be given with respect to this Contract, shall be in writing sent by registered or certified mail, postage prepaid, return receipt requested, by hand or by facsimile, electronic mail, recognized overnight courier, addressed to the party to be so notified as follows: If to AD 1: (00174604.1 2704-9499232) Page 26 of 36 AD 1 Management, Inc. 2028 Harrison St Suite 202 Hollywood, FL 33020 Attn.: Daniel Berman, President If to City: City of Tamarac 7525 NW 88t' Avenue Tamarac, Florida 33321 Attn: Michael Cernech, City Manager Michael. Cemech@taTnarac.org CC: Samuel S. Goren Goren, Cherof, Doody and Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 954 7714500 Ext. 322 S_gorengcitygtty. com Any Notice shall be deemed delivered within three (3) days after deposit in the U.S. mail if sent by certified or registered mail, or on the scheduled delivery date if by hand or overnight courier. Notices delivered personally or by facsimile or electronic mail shall be deemed delivered as of the actual delivery provided the notifying party can provide evidence of delivery. Either party may at any time change the addresses for Notices to such party by mailing a Notice as aforesaid. It is agreed that, if any party hereto is represented by legal counsel, such legal counsel is authorized to deliver notice directly to the other party on behalf of his or her client, and the same shall be deemed proper notice hereunder if delivered in the manner hereinabove specified. 12.6 No Lease, Partnership or Joint Venture. Nothing contained in this Contract nor acts of the parties hereto shall be construed to be or create a lease, partnership or joint venture between City, its successors or assigns, on the one part, and AD 1, its successors and assigns, on the other part. AD 1 is an independent contractor of the City. 12.7 Modification and Changes. This Contract cannot be changed or modified except by another agreement in writing signed by the party sought to be charged therewith, or by its duly authorized agent. 12.8 Understandings and Contracts. This Contract, and the appendices, schedules and exhibits hereto, contain the entire understanding and agreement of the parties hereto relating to the subject matter hereof. 12.9 Assignment by AD 1. AD 1 shall not assign this Contract, voluntarily or by operation of law, without the prior written consent of City. (00174604.1 2704-9499232) Page 27 of 36 12.10 Successors and Assigns. Subject to the foregoing, this Contract shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and permitted assigns, and with respect to City, the phrase "successors and assigns" shall, to the extent City does not elect to terminate this Contract in connection with any sale of the Project, including purchasers and owners of City's interest in the Premises. 12.11 Headingas. The Article, Section and Subsection headings contained herein are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Contract. 12.12 Consents. Except as specifically otherwise provided in this Contract, each party agrees that it will not unreasonably withhold any consent or approval requested by the other party pursuant to the terms of the Contract, and that any such consent or approval shall not be unreasonably delayed or qualified. Similarly, each party agrees that any provision of this Contract which permits such party to make requests of the other party, shall not be construed to permit the making of unreasonable requests. 12.13 Third parties. None of the obligations hereunder of either party shall run to or be enforceable by any Person other than the parties to this Contract other than a Person deriving rights hereunder as a result of an assignment permitted pursuant to the terms hereof. 12.14 Waivers. No failure by AD 1 or City to insist upon the strict performances of any covenant, agreement, term or condition of this Contract, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term or condition of this Contract and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Contract, but each and every covenant, agreement, term and condition of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 12.15 Partial Invalidity. Any provision of this Contract prohibited by law or by court decree in any locality or state shall be ineffective to the extent of such prohibition without in any way invalidating or affecting the remaining provisions of this Contract, or without invalidating or affecting the provisions of this Contract within the states or localities where not prohibited or otherwise invalidated by law or by court decree. Further, in the event that any provision of this Contract shall be held unenforceable by virtue of its scope, but may be made enforceable by a limitation thereof, such provision shall be deemed to be amended to the minimum extent necessary to render it enforceable under the laws of the jurisdiction in which enforcement is sought. 12 .16 Applicable Law. This Contract shall be construed and be governed by the laws of the State of Florida and venue shall lie in Broward County, Florida. 12.17 Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (00174604.1 2704-9499232) Page 28 of 36 13. Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, AD 1 and its Contractor sub -contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. AD 1 will take affirmative action to ensure that employees and those of its Contractor or sub -contractor are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. AD 1 and its Contractor and sub -contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. AD 1 further agrees that it will ensure that all Contractors will be made aware of and will comply with this nondiscrimination clause. 14. Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that AD 1 is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. AD 1 shall retain sole and absolute discretion in the judgment of the manner and means of carrying out AD 1's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of AD 1, which policies of AD 1 shall not conflict with City, State, or United States policies, rules or regulations relating to the use of AD 1's funds provided for herein. AD 1 agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between AD 1 and the City and the City will not be liable for any obligation incurred by AD 1, including but not limited to unpaid minimum wages and/or overtime premiums. 15. Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. (00174604.1 2704-9499232) Page 29 of 36 16. Merger; Amendment This Agreement constitutes the entire Agreement between AD 1 and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both AD 1 and the City. 17. No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 18. PUBLIC RECORDS CUSTODIAN IF AD 1 HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO AD 1'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG [Remainder of this page intentionally left blank; signatures to follow.] (00174604.1 2704-9499232) Page 30 of 36 IN WITNESS WHEREOF, the parties hereto have executed or caused this Contract to be executed, all as of the day and year first above written. AD 1: AD 1 Management, In�4, a FloridA corporation By: V Name* A--71-) l GL 1 P'I fE-i ,7 Titl r: 1� K-c <,�r1 6 c� 1_ CITY: City of Tamarac, a Florida municipal cor n Name: Michael Cernech Title: City Manager (00174604.1 2704-94992321 Page 31 of 36 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY (00174604.1 2704-9499232) Page 32 of 36 preparetl Dx McLAa _I L UGNL/NENG/NEER/NG CGMPANY 8#2B5 1]Op N.W. 64N B]ABET, SU/I£ 40p % lTT'�y : PNGN£ (954J UIGT 167! FAX (95 >63—>H>5 i 1q Tmm��jTpp1�(Zj,� 'gyp ' m McNAB ROAD LegB/Descnp6pn sfw1N a/w uNc�_ __ eafavrxrsra .seµ ,, oe—'we:°o�e ' , +ti,'d i A Parf/an er mAcr 'A: °e seek rax _ ` l/��' CowtY• f)wfda eno a pMion of PARCLZ • " [ANO LANES , accvNm9 tv Ne I I -, pot three/, m recmdedm %of Bvek ]l, Poge ]e pus/k rcewds of .:' Brgxmtl Coun<Y• %aNda mat PvW lvr1Y dvrrbeG m foUew.c l:arnnenae of Me NmNwesf romr of Trocr 'A:' fArce Scull COD)JY E r THIS J�j(ymg L/ r Beghn eg; Nmce cmtinue 9ouN —77' Evst a q fhe West lna of T f A ; a tlisfance of Y T]64 f t South BBJS 1 EvrE a V•sfance of H49.B6 het � Nnm NarN a1T'64• £vsf, q dhtance vl2]B.B] /eat' Hence NrN BB;xs2Y West, a tlislrnce of 35B.>1 Tee! to Ne Paint of Beginning. ffSOW /mfainmfm9i,B 2 g mtl beinfeeg N Ne .1, of T arse Brvward County, F/ridv mtl con " g square t r 22455 ores, m ear /ess .W lRp! RGp LPP N.W CaPN TRACT 'A' I NFM PARCQ � 8 I � 8 f SET;• ,gym �h p 4pN Y w/ N L cAP 3. u w ICI I�el .� ro I0� 22Nf I � I N z II � m_sso°� 6 S B49. BB' iNN aAP $ o y 5=°O— CEGENO �I mnRst A Has NB.rAJ UNBIROE4 FouNa S" uxe PAaeef v -azs N RU WALX rwsAc� rwc£nI C£.a.vne Pnxm t• (P.6�n. Pe !4 aGeJ wYNBPG .'wmif' �ruP i a vu.r NGTES' Be.;.g qn °f,� .wdamin m da aa4 m .e„m„ m a°� Naafi J ammeyy nn,ar nrmmww ews °°e �r� mr. >- c.,,mn6 PR� P a **ell J rmwf.'a ro ao� MAw sA cun„�ify iww v6caus H getM n°s°af fe, mrA pnAxx er ff) OiwlNns vextx mmm (I ) ae:ree hem Noma >6-3- 2 Cac� GRAPHIC SCALE AL 74WSPS CERRIZAT/ON ma Ao' r� a xara: uc h;e a a°r Mm -�°� �6eN�m n��btov o�i� er aL� oed Nvs zed zme. caro °f Pat r w °ae2'+�i zala Cr . :� CERTINCAT/ON We h Miy Nat Nis su y mash Ne Standards of Prvctice" set lwfh Dy fhe Flrida Boyd of Profmsianal 5u prs vntl m�pera in CAaatr SF>]a5 fkn'da Admmisfrvriw Code, awr ra seaeiw 4>zoz7, nrrdo smraee� avted of Fall Louderdv/q £]ends, Nis zYd dvy °f June, 2— Nlc 6HONENG/NEB/NGC MPgNY JG Lp 5 NAUpN/N Registered L ntl ra Na 5269 Bfvls vl Flor/do. EXHIBIT A-1 LEGAL DESCRIPTION OF LAND (00174604.1 2704-9499232) Page 33 of 36 r� U Wm -o� Rom l � U I o QQ=Q4 J Q . r� I um I .2 I/ dry I J, - fr� gon E - _ - �2 _rn�mEaeo V I I�ml a I�ryl �m W g2l �ol 61 wml 4O aapl I lOp S^ m IE *EPIf 3DO.p gun c,p_I °I Y Ya cwe a cc uamii mun 8 y �vu, uwn m WES' LINE OF SECT/ON 9-49-41 ape N. W. 88tb A VENUE g` MCLA!/GHL/NEN611VEER/N60OMPrWY(LB#795) T�OPOGRAPHIG !FORT Ul/OEROAL[ FLORroA J — PHONE.' (95df >BJ-]61) FAX (95) >IDJ-y615 COLONY l��JjF +�'K$��1n�y�3�1" +f'p� tom, GRAPHIC SCALE COLOdrJ +��' JrJES I CLUBHOUSE B-JHO Yl pSE i LA�i' P a P.B. zoz, Pea as, $aCapta 8 THIS w.�) WOODLANDS � /( 7�� �po�r PARCEL "all SURVEY /� MCNAB _ROAD_. _ JrJVJ©�.���pCgJ��:}��rti+DJ�QJAp+i9/.gc S, : �• LOCdNOn SkCiCh I I � �w • 'fix � i Y'Y I^ I I I ,9 L w � e �i��� e � ,•. '.14 �- E � ri°�ac `:. � —m= �� a '+a � •,.,, d „f f I}}I ,J I � A I I °f ,..., sr°+ _ —,,e e+ p d •a e 3 .r d _ `µ '9^ ,J one .c'm.d; au.-��., Ss+-,d, �.a_p•' ;` I n�. I I 1� I' ®' © i+ � � � a �.l © ,I� �� � .a�, J a" J ^ \\z,�J •^ � .,, ImlN I OIdt+J w:�'. d d ,,,� �;_i°�I/� >.•� � s� w»,®, "� i tll .���.a:.',' p� � 3a�. •° d '� aw �i � �� :'1,'' a e. - ° � l dc"A�IDR axioJ+B 4dl w d • �^^ • ,J +.. a ..° ......,. { `� _ J r�l � -'-I �•--,eL-,>r�.R-.J a �°x1' , s a? ® ' d 'd ' 9 44 Le9a/DescrivUbn, Al Zvi J ..,m m<»,„,,,+. _ - I' ,• d �33$ sn tl.,•' A peorfion of ]FACT 'A pCOLONY WEST LLUBHCU PUT xcordiny ro Ne Plat � w p+ d ' dJ �� °°°k�S !h °, os recorded m- et Book lOJ, P° a JB, ° Ne pub/ic records of BmwaN Q, • ✓ ' d y� C ' o and o Porri°n of PARCLZ G; NVCOUNO LAN£B, , ac edAg ro Ne • 0• � 1 * A ip - -,.+ P/ofhreo/,dos ord4 oh Baoko )), Po�c IB, of Ne puUic s o •t oo d L°untF Florid oral Parricv y Ces ibed as % /aw p d � ,�1 '>i y • d Commence of Ne NarNwes[ comr of Tract 'A;' !hence South OO91'JY Eesf 1 i 1 °° o/ong Ne Wesf /Me of Tract A; 0 O0D) J>' '37'e of 160. 1> leaf ro Ne Po/nf'of J d w ++ a pP °•^ B emnmg; Nance cmfmue BauN Eost al°n9 Ne West /he a T. of 'A: v isrence or 2)0.00 /eat fhmce NwM B93d'2J' fPsh a d Ponce o/ 3ig.00 fee(: � c,NatA OODf J>' p'est, along o /ine 99.00 / 1 Ecst and pwodtl wiN Ne t /me or r r n; a tlnronce or 2)o.oL rear. Nmce seaN es3e7.r wear a LEGEND a �f , p p dsronce or J<B.00 rear ro me Pam<ar eegmnm9. - � a aw d :' ,j - Beld /end: si(uare / ng one berry /n the G'ry of Tamarac, Brouwd County, FlorNo •Hue �¢>;V 52 - P y and rnnfoininy >J,29O squore feet or 1.eB25 eves, more or less IXyvc - �P �xc ' 3. 3 `q " N07ES a -1w i, e N ewe �. ,, aynef�,fa ra n. �fe� �Mn.4e L J P .= 1• _''� _. ti� r,• e An °e°.m+ W eJ��v eem�vmc .md vun c� ' a >,e emwn oaM - r>evwsr,mwr ei-' � e e >J awv /mnv Fxw.h Amwv. »+am ovnm (/aeJ. me >nyrus y •c p crmwr-a•-w.r m H a•m pr rx, r fu°e zo•,�:.o«- ns nma _ � �'o.a. a 4a.-z--�" rmro,,,,,lfy� xe izvau x °"•` wane ,e zore ^ 1 �e�e•,ne�vewy °.w. °mw.,.a, e ° - 7REESYMBOLS «wp+mrn G ¢2m me 6e ° — CBRSCAT/ON r % e.ai°IXg aey.° �.e. nM.nt nme - - a/ hereDY cerfiY No! N%s sw y meets Ne 'Standards of Practice' pxt (T/,e) me °nu,nv •e � � meµ, se! forth Dy Ne Aarlda Boord o/ Pra! scno/ Surr � and ex A�,h. o/x.x: eeu An ov xvu camTY ene � wrnNPwv w¢ Mappers !n LDopty 5✓-)].05 flwlda Adm%nlsbarlre Code, ,U O°,.xmv� � wnnien VeYx✓ ovum (+saeJ eelee amn x°It>,d u w,� µrsumf to Section 4M.O1>, florida Statutes. v.vtb'o rysz J e°ro me e°n,wew umv � � wA °r a :..� nrt (rwysem n¢) .be°nw aa.. ntb://w.lYern�°annerro % CeP - m Apyfionol l°eofian °nd [opogropdhy °tltled N,s ]fA Ync/ bnuory, P016. OERCEN07ES "cfrv`P°P 2 cwRe� uruify •ern oddee N%: 1>N eoy or ✓o.,,, x 2Ol>. MCLA(7GNL/NENG/NEERING COMPANY 00: x. ,w ne ID 0= 16 3-043 J—SCOIA.MAUHN uaA•+IDry .Ii-xwxarwem ve¢ Rpisfere Lond Su a 5842 �} Srafe o/F7orido. hSER�rFR-Pcvbv+l5•nxwropbrt(MEconmKo*eon F°nraUpvtRuoY_LwTaNptTY:o]nrowey,tlCrzw>°:mat vM EXHIBIT B PLANS AND SPECIFICATIONS (00174604.1 2704-9499232) Page 34 of 36 13,ov2AVNV_L N�JV8 'R WO �nOO 3snOH smokNO100 S3UMS2 NNI (1131J�JIVJ _3= 15 INP 1.1 SUN uAl 100A rod Ails 441 �nar►wnl IBC .• ,, �� �i. - - • 1. L� [I f kr .r S, y P i pouffe\\ . S:i.LLIlY9NNl C1731:Ri1F��[ 4 t� i !I 1 e it Ir 1 t j ��. i Jf e ;4 2 S F. EXHIBIT C BUDGET (00174604.1 2704-9499232) Page 35 of 36 PROPOSED CLUBHOUSE COLONY WEST Construction Proforma Building Size Under A/C (Sq Ft) 18,135 Cart Barn Size (Sq Ft) 7,641 DESCRIPTION• LAND COST Acquisition Cost $0 $0.00 Commission 0.00% $0 $0.00 Closing Costs 0.00% $0 $0.00 Total $0 $0.00 HARD COSTS Construction Budget - Craft w Cont $5,639,274 $310.96 Cart Barn $395,377 $52.43 Other $0 $0.00 Other $0 $0.00 Extra Contingency (Alternatives) 0.00% $0 $0.00 Other $0 $0.00 FF&E & OSE $500,000 $27.57 Total $6,534,651 $390.96 SOFT COSTS for Clubhouse & Cart Barn Due Dilligence $15,000 $0.83 Site -Plan, Construction Drawings & CA $351 547 $19.39 Leed Design for Clubhouse $90,000 $4.96 Traffic Engineer (Included) $0 $0.00 Civil Engineer (Included) $0 $0.00 Alta Survey (Included) $0 $0.00 Impact Fees and Construction Permits $150,000 $8.27 Public Bond (estimate) $200,000 $11.03 Real Estate Taxes $0 $0.00 Insurance (GL&BR) $50,000 $2.76 Soil Report, Environmental and Material Testing $20,000 $1.10 Appraisal $0 $0.00 Project Management 4.00 / $261,386 $14.41 Accounting and Legal $0 $0.00 Flag Application Fee $0 $0.00 Pre -Opening Expense $50,000 $2.76 Working Capital Contingency FINANCING COSTS Loan Origination Fees and Expenses Loan Closing Costs Senior Loan Interest Reserve Pref Reserve (est) $0 $0.00 0.00% $0 $0.00 Total $1.187.933 , FRs sn Total 0.00% $0 $0.00 0.00% $0 $0.00 0.00% $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 XAL COSTS S7.722.584 S456_Z SOURCES OF FUNDS Senior Loan 0% $0 EB-5 Loan 0% $0 Equity #REF! #REF! #REF! Senior Loan Rate 0.00% EB-5 Rate 0% C in lr T' Fairfield Inn Updated Pricing Date: 1/2312017 Update: Revised 2/1/217, 219/17 Project Fairfield Inn Tamarac Location Tamarac, FL Gross Square Feet 64,645 Number of Units 120 Parking Spaces 342 Building Height (stories) 5 Gross Site Area (acres) 2.25 Schedule Duration months 13 !COSTCODE 01-1000 ITEM DIVISION 1 GENERAL CONDITIONS General Condition General Conditions QTY. 1 UNIT LS UNIT COST• $ 784,002 •COST $ 784,002 $ 12.13 01-0000 TOTAL GENERAL CONDITIONS $ 784,002 $ 92.98 02-0000 DIVISION 2 SITE CONSTRUCTION Material Testing / Special Inspector Material Testing (By Owner) Not Included Threshold Inspector (By Owner) Not Included Asbestos Remediation Asbestos Abatement Survey Allowance (In Clubhouse) Not Included Asbestos Abatement On -Site Testing & Reporting Not Included Erosion Control Temporary Construction Entrances In Site Demo Inlet Protection In Site Demo Silt Fence & Silt Boom In Site Demo Underground Storage Tank Removal Underground Storage Tank Removal Site Demo and Clearing Site Demolition (38%) 38% SF $ 132,935 $ 50,515 $ 0.78 Demo - Asphalt Parking Lot and Curbing (Allowance, 38°/ Included $ - $ - Import Fill (Allowance, 38%) 38% SY $ 133,297.00 $ 50,653 $ 0.78 Site Grading (Allowance, 38% Included Clearing & Grubbing (Allowance 38%) Included Building Demolition (In Clubhouse) Not Included Vibroflotation (Allowance 100%) 1 SF $ 40,000 $ 40,000 $ 0.62 Dewatering and Excavations Dewatering at Elevator Foundation (Allowance) 1 MO $ 15,000 $ 15,000 $ 0.23 Fuel for Dewatering Pumps (Allowance) 1 GAL $ 3,500 $ 3,500 $ 0.05 #57 Stone for Dewatering (Allowance) 1 SY $ 2,500 $ 2,500 $ 0.04 Surveying Surveying (38%) 38% AC $ 34,150 $ 12,977 $ 0.20 Temp Facilities Off -site Parking (By Owner) Not Included Streetside Provisions Street Cleaning (Allowance) 38% SF $ 3,500 $ 1,330 $ 0.02 Bases, Ballasts and Paving Asphalt Paving Parking Lot (Allowance, 38%) 38% SY $ 616,094 $ 234,116 $ 3.62 Concrete Sidewalk (Allowance, 38%) 38% SF $ 45,500 $ 17,290 $ 0.27 Curbs and Gutters (Allowance, 38%) In Paving Unit Paving Unit Pavers at Porte-Cochere and Driveway (50%) 50% SF $ 54,613 $ 27,306 $ 0.42 Unit Pavers at Pool Deck (Allowance, 100%) 3916 SF $ 8 $ 31,328 $ 0.48 Walk Way to Hotel (100%) 1573 SF $ 5 $ 7,079 $ 0.11 Unit Pavers at Fountain (Allowance, 50%) 50% SF $ 6,460 $ 3,230 $ 0.05 Page 1 of 6 'COSTC.. Pavement Markings and Walls Pavement Markings (38%) In Paving Tactile Warning Surfacing In Paving Fences and Gates Decorative Metal Fence and Gate at Pool 182 LF $ 55 $ 10,010 $ 0.15 Irrigation Irrigation System (Budgetary, 38%) 38% AC $ 35,000 $ 13,300 $ 0.21 Landscaping Landscaping (Budgetary, 38%) 38% AC $ 162,992 $ 61,937 $ 0.96 Utilities Locates On -site Utility Locates (Allowance 38%) 38% SF $ 3,500 $ 1,330 $ 0.05 Clean/Video offsite storm and sanitary (Allowance 38%) 38% SF $ 10,000 $ 3,800 $ 0.13 Water Utilities Domestic Water and Backflow (Budgetary 38%) 38% SF $ 155,144 $ 58,955 $ 2.06 Fire Water and Backflow, PIV (50%) Included Sanitary Sewerage Utilities Sanitary Sewerage (Budgetary, 38%) 38% SF $ 35,335 $ 13,427 $ 0.47 Storm Drainage Utilities Storm Drainage (Budgetary, 38%) 38% SF $ 171,550 $ 65,189 $ 2.27 Storm Drainage Manholes and Covers Included 2-0000 TOTAL SITE CONSTRUCT70M $ 724,7721 $ 11.21 03-0000 DIVISION 3 CONCRETE Fall Protection Temporary Perimeter Deck Safety Railing Included Safety Straps, Ladders and Barricades 1 LS $ 3,500 $ 3,500 $ 0.05 Debris Chutes Construction Debris Chute 7 MO $ 500 $ 3,500 $ 0.05 Material Hoists Material Hoist Rental Not Included Concrete Concrete Formwork 1 SF $ 1,443,934 $ 1,443,934 $ 22.34 Concrete Reinforcement Included Concrete Finishing Included Covered Walkway (Allowance, 100%) 1573 SF $ 35 $ 55,055 $ 0.85 Hollow Core Planks 1 SF $ 449,556 $ 449,556 $ 6.95 Concrete Reinforcing Rebar - Material Included Rebar - Labor Included Post Tension Cable Included 03-0000 TOTAL CONCRETE 1 $ Z002 970 $ 30.98 04-0000 DIVISION 4 MASONRY Concrete Masonry Unit Masonry (Included in Concrete) Included $ - $ - 04-0000 TOTAL MASONRY $ - $ 05-0000 DIVISION 5 METALS Structural Steel Structural Steel 1 SF $ 234,662 $ 234,662 $ 3.63 Porte Cochere Included Metal Fabrications Elevator Beams, Pit Ladder and Sump Cover Included Steel Stairs Railing (A&B) Included Page 2 of 6 COSTCODE ITEM CITY.•ST TOTAL COST• 05-0000 TOTAL METALS $ 234,6621 3.63 06-0000 DIVISION 6 WOODS, PLASTICS AND COMPOSITES Rough Carpentry Rough Carpentry - Material 1 LS $ 12,500 $ 12,500 $ 0.19 Rough Carpentry - Labor 1 LS $ 12,500 $ 12,500 $ 0.19 Finish Carpentry Common Area Millwork (Baseboard only) 1 LF $ 8,105 $ 8,105 $ 0.13 Guestroom Wood Window Sill 120 EA $ 150 $ 18,000 $ 0.28 Guestroom Wood Window Valance 120 EA $ 150 $ 18,000 $ 0.28 06-0000 TOTAL WOODS PLASTIDS AND COMPOSITES $ 69,105 $ 1.07 07-0000 DIVISION 7 THERMAL AND MOISTURE PROTECTION Thermal & Moisture Consultants & Testing Building Envelope Consultant (By Owner) Not Included Dampproofing and Waterproofing Exterior Caulking 1 SF $ 2,690 $ 2,690 $ 0.04 Bituminous Dampproofing at Elevators 2 EA $ 388 $ 775 $ 0.01 Membrane Roofing TPO Single Ply Roofing Membrane 1 SF $ 163,552 $ 163,552 $ 2.53 Lightweight Insulating Concrete Included Temporary Waterproofing Temporary Waterproofing 1 SF $ 5,500 $ 5,500 $ 0.09 07-0000 TOTAL THERMAL AND MOISTURE PROTEDT/QN $ 172,517 $ 2.67 08-0000 DIVISION 8 OPENINGS Doors and Frames Hollow Metal Doors and Frames 24 EA $ 1,000 $ 24,000 $ 0.37 Paint Grade Wood Doors w/Hollow Metal Frames (Unit Entry and Common Areas) 148 EA $ 800 $ 118,400 $ 1.83 Guest Bathroom Doors 120 EA $ 650 $ 78,000 $ 1.21 Door Hardware Door Hardware Included Install Doors and Hardware 419 EA $ 300 $ 125,700 $ 1.94 Safe -Lock at Guestrooms and Common Area (Allow.) 137 EA $ 300 $ 41,100 $ 0.64 Windows, Sliding Doors and Railings Aluminum Window and Storefront Subcontractor 4097 SF $ 50 $ 202,633 $ 3.13 Misc. Glazing Guestroom - Bath Mirrors 120 EA $ 300 $ 36,000 $ 0.56 Common Area - Bath Mirrors Included Mirrors at Bathroom Wood Doors 120 EA $ 200 $ 24,000 $ 0.37 Auto Doors at Entrance Auto Doors 2 EA $ 8,408 $ 16,815 $ 0.26 08-0000 TOTAL OPENINGS $ 666,648 $ 10.31 09-0000 DIVISION 9 FINISHES Gypsum Board Framing & Drywall 1 SF $ 724,606 $ 724,606 $ 11.21 Lath and Plaster Stucco - Light Texture Finish 1 SF $ 154,308 $ 154,308 $ 2.39 Exterior Metal Framing & Sheathing Included Stone Cladding 1253 SF $ 20.00 $ 25,060 $ 0.39 Ceilings Acoustical Ceilings (Allowance) 1 LS $ 32,333 $ 32,333 $ 0.50 Tile and Cultured Marble Page 3 of 6 • •ITEM CITY.•ST TOTAL COST• Porcelain Tile at Common Areas (Allowance) 3949 SF $ 14.00 $ 55,286 $ 0.86 Flooring at Fitness Room (Allowance) 474 SF $ 8.50 $ 4,029 $ 0.06 Porcelain Tile at Guestrooms Floors (Allowance) 7359 SF $ 12.00 $ 88,308 $ 1.37 Cultured Marble Shower Walls 120 EA $ 600 $ 72,000 $ 1.11 Carpet Flooring Carpet at Common Areas (Install Only) 863 SY $ 12.50 $ 10,786 $ 0.17 Carpet at Guestrooms (Install Only) 3210 SY $ 12.50 $ 40,125 $ 0.62 BOH Flooring 1745 SF $ 6.00 $ 10,470 $ 0.16 Painting and Coating Painting Interior 64,645 SF $ 3.45 $ 223,285 $ 3.45 Painting Exterior Included Wallcovering (Allowance Install Only) Included 09-0000 TOTAL FINISHES $ 144@ 596 $ 2228 10-0000 DIVISION 10 SPECIALTIES Signane Code Minimum Signage 1 LS $ 3,500 $ 3,500 $ 0.05 Interior Signage (by Owner) Not Included Monument Sign (by Owner) Not Included Interior Specialties Toilet Compartments Plastic Toilet Partitions 2 EA $ 3,500 $ 7,000 $ 0.11 Toilet, Bath and Laundry Accessories Bath Accessories - Common Area 4 EA $ 250 $ 1,000 $ 0.02 Toilet Accessories - Guestrooms 120 EA $ 300 $ 36,000 $ 0.56 Towel Bar, Toilet Paper Holders (By Owner) Curtain Rods and Shower (Curtains By Owner) 120 EA $ 150 $ 18,000 $ 0.28 Closet Shelving and Rod 120 EA $ 250 $ 30,000 $ 0.46 Fire Protection Specialties Fire Extinguishers & Cabinets 16 EA $ 250 $ 4,000 $ 0.06 Lockers Metal Lockers at Employee Breakroom 1 EA $ 3,500 1 $ 3,500 1 $ 0.05 10-0000 1 TOTAL SPECIALTIES $ 103,0001 $ 1.59 11-0000 DIVISION 11 EQUIPMENT Security Access & Surveillance Surveillance System (Allowance) Not Included Vehicle Equipment Parking Control Equipment (Allowance) Not Included Linen Chute and Laundry Equipment Linen Chute 1 EA $ 8,117 $ 8,117 $ 0.13 Commercial Laundry Equipment Not Included Pantry Equipment Pantry Equipment Not Included Residential Equipment Mini -Frig in Guestroom Not Included 11-0000 TOTAL EQUIPMENT $ 8,1171 $ 0.13 12-0000 DIVISION 12 FURNISHINGS Window Treatments Window Treatments Not Included Casework (Allowance,) Common Area Casework (Allowance) 1 LS $ 75,000 $ 75,000 $ 1.16 Guestroom Casework (Allowance) 120 EA $ 1,500 $ 180,000 $ 2.78 Page 4 of 6 ,COSTCODE ITEM Countertops (Allowance) CITY.•ST TOTAL COST• Stone Tops - Common Area (Allowance) 1 LS $ 40,000 $ 40,000 $ 0.62 Stone Tops - Guestroom Vanity (Allowance) 120 EA $ 750 $ 90,000 $ 1.39 12-0000 TOTAL FURNISHINGS $ 385,000 $ 5.96 13-0000 DIVISION 13 SPECIAL CONSTRUCTION Electronic Access Control Electronic Access Control (Allowance) Not Included Pools and Spas Swimming Pool 1 EA $ 74,800 $ 74,800 $ 1.16 Entry Water Feature (50% of $60,000 Allowance) 50% LS $ 60,000 $ 30,000 $ 0.46 Kid's Water Play Area (Allowance) Not Included 13-0000 TOTAL SPECIAL CONSTRUCTION $ 104,8001 $ 1.62 14-0000 DIVISION 14 CONVEYING EQUIPMENT Elevators Elevator Cab Upgrade Not Included Elevator #01 and #02 2 EA $ 103,000 $ 206,000 $ 3.19 Construction Use 1 EA $ 5,000 $ 5,000 $ 0.08 Elevator Rehabilitation 1 EA $ 3,500 $ 3,500 $ 0.05 14-0000 TOTAL CONVEYING EQUIPMENT $ 214 500 $ 3.32 15-0000 DIVISION 15 MECHANICAL Water Based Fire -Suppression Systems Wet Pipe Sprinkler Systems 1 SF $ 132,711 $ 132,711 $ 2.05 Underground Fire Main and Double Detector Check In Site Fire Pumps Fire Pumps Included Temporary Fire Pumps Not Included Plumbing Plumbing Subcontract 1 SF $ 663,080 $ 663,080 $ 10.26 Hangers and Supports for Plumbing Pipe Included Plumbing Insulation Included Plumbing Piping CPVC - Domestic Water Piping Included PVC Sanitary Waste and Vent Piping Included PVC Storm Drainage Piping Included Gas Piping Included Plumbing Fixtures Plumbing Fixtures (Allowance) 1 LS $ 80,000 $ 80,000 $ 1.24 HVAC HVAC Subcontract 1 SF $ 584,957 $ 584,957 $ 9.05 HVAC for Common Area Included PTAC Units for Guestrooms Included Bathroom Exhuast Included 1570000 TOTAL MECHANICAL $ 1466 748 $ 22.60 16-0000 DIVISION 16 ELECTRICAL Electrical Electrical Subcontractor 1 SF $ 940,068 $ 940,068 $ 14.54 Inncom System at Guestrooms (Included) Included Fire Alarm System Included Lighting Interior Lighting Included Exterior Lighting Included Site Lighting Included Page 5 of 6 COSTCODE Structured Cabling Communications Backbone Cabling Not Included Communications Coaxial Backbone Cabling Not Included Electrical Power Generation Diesel Generator Not Included 1 "000 TOTAL ELECTRICAL $ 940,0681 $ 14.54 SUB -TOTAL - DIVISION 01 THRU 16 $ 9,311,604 $ 144.04 50-0000 DIVISION 50 INSURANCE, TAXES & BONDS GC General Liability Insurance 1 LS 0.89% $ 82,872 $ 1.28 Builders Risk Insurance Not Included Builders Risk Insurance Deductible Not Included Contractor's Payment & Performance Bond 1 LS 1.00% $ 93,115 Subcontractor Bonds Not Included Building Permits (By Owner) Not Included Sales Tax Included Contractors Contingency Not Included Contractor Overhead and Profit 1 LS 5.00% $ 465,575 $ 7.20 TOTAL INSURANCE TAXES BONDS CONTRACTORS Oil&P $ 641,563 $ 9.92 GRAND TOTAL - PER TOTAL SF 9,953,067 $ 153.96 Cost/Key $ 82,942 Print Date: 2191201714:59 Page 6 of 6 CR/ r'"'T CONSTRIVCTION CCMP'AItiIY Date: 12/02/2016 Update: 2/9/2017 12/02/16 Revised 12/21116, 2/9117 Project Date Project Colony West at Tamarac - Clubhouse Location Tamarac_, FL Ground Floor Interior Sqft 10,064 Second Floor Interior Sqft 8,409 Sub Total of Interior Sqft 18,473 Porte Cochere Sqft 21895 Ground Floor Terrace Sqft 2,118 Second Floor Terrace Sqft 3,065 Gross Building Sqft 26,551 Parking Spaces 205 Building Height (stories) 02 Gross Site Area (acres) 3.60 Schedule Duration (months) 12 COST CODECITY.•ST DIVISION 1 GENERAL CONDITIONS TOTAL SF COST 01-1000 General Condition General Conditions 1 LS $ 454,626 $ 454,626 $ 17.12 01-0000 TOTAL GENERAL CONDITIONS $ 454,626 $ 15.85 02-0000 DIVISION 2 SITE CONSTRUCTION Material Testing / Special Inspector Material Testing (by Owner) Not Included Threshold Inspector (by Owner) Not Included Asbestos Remediation Asbestos Abatement Survey Allowance (100% Tamarac) 1 LS $ 3,500 $ 3,500 $ 0.13 Asbestos Abatement On -Site Testing & Reporting Not Included Erosion Control Temporary Construction Entrances In Site Demo Inlet Protection In Site Demo Silt Fence & Silt Boom In Site Demo Underground Storage Tank Removal Underground Storage Tank Removal Not Included Site Clearing Site Demolition (62%) 62% AC $ 132,935 $ 82,420 $ 0.52 Demo - Asphalt Parking Lot and Curbing (Allowance 62%) In Demo AC $ - $ - Import Fill (Allowance, 62%) 62% CY $ 133,297 $ 82,644 $ 0.52 Site Grading In Import Fill Clearing & Grubbing (62% In Demo Building Demolition (100%) 100% SF $ 46,183 $ 46,183 $ 1.61 Selective Structure Demolition Not Applicable $ - Vibrofloatation Not Applicable Dewatering and Excavations Dewatering at Elevator Foundation (Allowance by % of Ground Surface Area) 61 % MO $ 15,000 $ 9,150 $ 0.06 Fuel for Dewatering Rumps (Allowance by % of Ground Surface Area) 61 % GAL $ 3,500 $ 2,135 $ 0.01 #57 Stone for Dewatering (Allowance by % of Ground Surface Area) 61% SY $ 2,500 $ 1,525 $ 0.01 Surveying Surveying (Site work and Building) 62% AC $ 34,150 $ 21,173 $ 0.74 Craft Construction LLC. 480 S. Andrews Ave Suite 103 Pompano Bch. FI.33069 Ph.954-372-1017 Page 1 of 7 2/9/2017 Temp Facilities Off -site Parking Lot (by Owner) I Not Included Streetside Provisions Street Cleaning (Allowance) I 62% I SF I $ 3,500 I $ 2,170 1 $ 0.08 Bases. Ballasts and Paving Asphalt Paving Parking Lot (Allowance, 62%) 62% SY $ 616,094 $ 381,978 $ 13.32 Concrete Sidewalks (Allowance, 62%) 62% SF $ 45,500.00 $ 28,210 $ 0.98 Curbs and Gutters (Allowance, 62%) In Paving Unit Paving Porte-Cochere and Drive Circle (50%) 50% SF $ 54,613 $ 27,306 $ 0.95 Outdoor Terrace 1st Floor (100%) 2118 SF $ 4.50 $ 9,531 $ 0.33 Unit Pavers at Fountains (Allowance) (50%) 50% SF $ 6,460 $ 3,230 $ 0.11 Pavers at Covered Walkway (In Fairfield Inn) Not Included Pavement Markings Painted Pavement Markings (Allowance, 62%) 62% EA $ 16,043 $ 9,946 $ 0.35 Tactile Warning Surfacing (Allowance) 6 EA $ 650 $ 3,900 $ 0.14 Utilities On -site Utility Locates (62%) 62% SF $ 3,500 $ 2,170 $ 0.08 Clean/Video existing Storm and Sanitary (62%) 62% SF $ 10,000 $ 6,200 $ 0.22 Domestic Water (Budgetary, 62%) 62% SF $ 155,144 $ 96,189 $ 3.35 Sanitary Sewerage Utilities Sanitary Sewer System (Budgetary, 62%) 62% SF $ 35,335 $ 21,908 $ 0.76 Storm Drainage Utilities Storm Drainage System (Budgetary, 62%) 62% SF $ 171,550 $ 106,361 $ 3.71 Storm Drainage Manholes and Covers Included Electrical Utilities Electrical Utility Poles (FP&L) Not Included Electrical U/G Duct bank (Allowance) 50 LF $ 175.00 $ 8,750 $ 0.31 Irrigation Irrigation (Budgetary) 62% AC $ 35,000 $ 21,700 $ 0.76 Drip Irrigation Included Landscaping Landscaping (Budgetary) 62% AC $ 162,521 $ 100,763 $ 3.80 03-0000 DIVISION 3 CONCRETE Concrete Concrete Testing and Control By Owner Clubhouse - Concrete Formwork 18,473 SF $ 28.00 $ 517,244 $ 18.03 Covered Walkway (In Fairfield Inn) Not Included Precast Concrete Items Architectural Precast ( Allowance) 1 LF $ 50,000 $ 50,000 $ 1.74 04-0000 DIVISION 4 MASONRY Concrete Masonry Clubhouse - Unit Masonry 18,473 SF $ 4.50 $ 83,129 $ 2.90 Engineered Stone and Waterproofing (Allowance) 3360 SF $ 20.00 $ 67,200 $ 2.34 Craft Construction LLC. 480 S. Andrews Ave Suite 103 Pompano Bch. FI.33069 Ph.954-372-1017 Page 2 of 7 2/9/2017 COSTCODE ITEM CITY.UNIT •ST TOTAL SIF COST 04-0000 TOTAL MASONRY $ 150329 $ 5 .24 05-0000 DIVISION 5 METALS Misc. and Structural Steel Misc. Metals 1 LS $ 3,500 $ 3,500 $ 0.12 Structural Steel Columns (Allowance) 18 EA $ 1,500 $ 27,000 $ 0.94 Steel Brackets for Banquet Room Operable Partition (Allowance) 1 LS $ 15,000 $ 15,000 $ 0.56 Metal Joists Long -span Steel Joist Framing at Porte Cohere (Allowance) 2,895 SF $ 22.50 $ 65,138 $ 2.27 Long -span Steel Joist Framing at Atrium (Allowance) 4,085 SF $ 22.50 $ 91,913 $ 3.20 Metal Decking Metal Decking at Porte Cohere (Allowance) 2,895 SF $ 5.50 $ 15,923 $ 0.56 Metal Decking at Atrium (Allowance) 4,085 SF $ 5.50 $ 22,468 $ 0.78 Metal Fabrications Metal Stairs and Railing (Stairs 1 & 2) 4 EA $ 5,000 $ 20,000 $ 0.75 Metal Access Ladders 2 EA $ 750 $ 1,500 $ 1.20 Bollards 6 EA $ 500 $ 3,000 $ 0.10 Decorative Aluminum Ornamental Metal Decorative Spiral Metal Stairs (Allowance) 1 LS $ 45,000 $ 45,000 $ 1.69 Ornamental Handrails and Railings at Second Floor Terrace (Allowance) 192 LF $ 55.00 $ 10,560 $ 0.37 Ornamental Tiles (Allowance) 1 LS $ 15,000 $ 15,000 $ 0.56 Decorative Brackets Ground Floor Terrace (Allowance) 19 EA $ 450 $ 8,550 $ 6.87 05-0000 TOTAL METALS $ 3"550 $ 12.01 06-0000 DIVISION 6 WOODS, PLASTICS AND COMPOSITES Rough Carpentry Rough Carp. - Wood Trusses Material at Covered Walkway (Allowance) In Fairfield Rough Carp. - Sheathing and Fascia Mat. In Fairfield Rough Carpentry - Install Trusses In Fairfield Finish Carpentry Millwork and Casework (Allowance) 1 LS $ 150,000 $ 150,000 $ 5.23 $ - $ - QB-O000 TOTAL WOODS PLASTICS AND COMPOSITES $ 150QQQ 5.23 07-0000 DIVISION 7 THERMAL AND MOISTURE PROTECTION Thermal & Moisture Consultants Building Envelope Consultant (by Owner) Not Included Roofing Consultant (by Owner) Not Included Damp proofing and Waterproofing Waterproofing at Stone In Div. 02 Exterior Caulking 1 LS $ 6,540 $ 6,540 $ 0.23 Waterproofing at Second Floor Terrace 5070 SF $ 7.50 $ 38,025 $ 1.33 Craft Construction LLC. 480 S. Andrews Ave Suite 103 Pompano Bch. F1.33069 Ph.954-372-1017 Page 3 of 7 2/9/2017 COST CODEUNIT QTY. UNIT COST• • ST Thermal Protection Building Insulation 26,551 SF $ 1.50 $ 39,827 $ 1.39 Membrane Roofing 3- Ply Roofing / Conc. 5980 SF $ 7.50 $ 44,850 $ 1.56 Standing Metal Seam at Atrium (Allowance) 4084 SF $ 8.50 $ 34,714 $ 1.21 Standing Metal Seam at Porte Cohere (Allowance) 2895 SF $ 8.50 $ 24,608 $ 0.86 07-0000 TOTAL THERMAL AND MOISTURE PROTECTION $ 988,563 $ 6.57 08-0000 DIVISION 8 OPENINGS Interior Doors and Frames Wood Doors, Frames and Hardware 83 EA $ 750 $ 62,250 $ 2.17 Storefront Doors and Hardware Aluminum Storefront - Single Doors 8 EA $ 2,500 $ 20,000 $ 0.70 Aluminum Storefront - Double Doors 4 EA $ 4,800 $ 19,200 $ 0.67 Automatic Entrance 1 LS $ 28,500 $ 28,500 $ 0.99 Aluminum Windows Storefront System 2770 SF $ 85.00 $ 235,450 $ 8.21 Bi-Fold Glass Wall System 600 SF $ 120.00 $ 72,000 $ 2.51 Atrium Glass Wall System 1824 SF $ 95.00 $ 173,280 $ 6.04 Glazing Mirrors for Bath Vanities 30 EA $ 325 $ 9,750 $ 0.34 Interior Tempered Glass Windows Rest 40 LF $ 85.00 $ 3,400 $ 0.12 08-M ITOTAL OPENINGS $ 623 830 $ 21.75 09-0000 DIVISION 9 FINISHES Gypsum Board Framing & Drywall at Clubhouse 18,473 SF $ 9.00 $ 166,257 $ 5.80 Lath and Plaster Stucco and Trim at Clubhouse 18,473 SF $ 3.50 $ 64,656 $ 2.25 Ceilings Acoustical Ceilings (Allowance) 1200 SF $ 7.00 $ 8,400 $ 0.29 Hard Surface Flooring Porcelain Tile: Restrooms, Locker Room, Bar, Lobby Corridors, PreFunction, Spiral Stairs and Second Floor Terrace (Allowance) 11,193 SF $ 11.50 $ 128,720 $ 4.49 Epoxy Flooring at Kitchens 1,800 SF $ 8.50 $ 15,300 $ 0.53 Concrete Sealer 1,460 SF $ 1.50 $ 2,190 $ 0.08 Carpeting and Vinyl Carpeting: Pro -Shop, Restaurant, Office, Meeting Room, Banquet, and Bridal (Allowance) 890 SY $ 25.00 $ 22,250 $ 0.78 Rubber Flooring; Storage Rooms (Allowance) 735 SF $ 4.50 $ 3,308 $ 0.12 Painting and Coating Exterior & Interior Painting 18,473 SF $ 3.50 $ 64,656 $ 2.25 Wall cover Not Included LS $ - 0M00 TOTAL FINISHES $ 475,735 $ 16.58 Craft Construction LLC. 480 S. Andrews Ave Suite 103 Pompano Bch. F1.33069 Ph.954-372-1017 Page 4 of 7 2/9/2017 COST CODEUNIT OTY. UNIT COST• • ST 10-0000 DIVISION 10 SPECIALTIES Louvers and Vents Not Included Sinae Code Minimum Signage 1 LS $ 2,500 $ 2,500 $ 0.09 Monument Signage Not Included Building Signage Not Included Interior Specialties Operable Partition at Banquet 1 LS $ 20,000 $ 20,000 $ 0.70 Toilet and Bath Accessories Toilet Accessories ( Allowance) 24 EA $ 1,200 $ 28,800 $ 1.00 Toilet Partitions ( Allowance) 12 EA $ 2,200 $ 26,400 $ 0.92 Shower Enclosures 2 EA $ 1,200 $ 2,400 $ 0.08 Fire Protection Specialties Fire Extinguishers & Cabinets (Allowance) 8 EA $ 350 $ 2,800 $ 0.10 Lockers Metal Lockers (Men's and Women's) 9 EA $ 2,500 $ 22,500 $ 0.78 Postal Specialties Central Mailbox Not Included 10-0000 TOTAL SPECIALTIES $ 005,400 Lj 3.67 11-0000 DIVISION 11 EQUIPMENT Vehicle Equipment Vehicle Access Control Gates Not Included Food Service Equipment Commercial Kitchen Equip. Not Included 11-0000 TOTAL EQUIPMENT 12-0000 DIVISION 12 FURNISHINGS Window Treatments Window Treatments Not Included Casework and Tops Vanity Casework (Allowance) 6 EA $ 2,500 $ 15,000 $ 0.52 Vanity Stone Tops 6 EA $ 3,500 $ 21,000 $ 0.73 12-0000 TOTAL FURNISHINGS $ 36,000 $ 1.25 13-0000 DIVISION 13 SPECIAL CONSTRUCTION Swimming Pool (In Fairfield Inn) Not Included Fountains Entry Fountain Installation (50% of $60,000 Allowance) 50% LS $ 60,000 $ 30,000 $ 24.10 Special Structures Metal Building Systems - Cart Barn Complete 1 LS $ 395,377 $ 395,377 $ 318 13-0000 TOTAL SPECIAL CONSTRUCTION $ 425,377 $ 14.83 14-0000 DIVISION 14 CONVEYING EQUIPMENT Hydraulic Two Stop Elevator 2 EA $ 32,500 $ 65,000 $ 2.27 .1 "� i 480 S. Andrews Ave Suite 103 Pompano Bch. F1.33069 Ph.954-372-1017 Page 5 of 7 2/9/2017 COST CODECITY.•ST TOTAL SF COST Standard Cab Finishes 14ODDO ITOTAL CONVEYING EQUIPMENT $ - $ 21-0000 DIVISION 21 FIRE SUPPRESSION Fire Sprinkler System Wet Pipe Sprinkler Systems 18473 SF $ 2.75 $ 50,801 $ 1.77 Fire Pump and Controller Not Included 21-0000 TOTAL FIRE SUPPRESSION $ 50,801 22-0000 DIVISION 22 PLUMBING Plumbing Plumbing System 18,473 SF $ 11.50 $ 212,440 $ 7.41 CPVC Domestic Water Included PVC Sanitary and Storm Included Plumbing Fixtures Plumbing Fixtures Included 22-0000 TOTAL PLUMBING $ 212,440 $ 7.41 23-0000 DIVISION 23 HEATING, VENTILATING AND AIR CONDITIONING HVAC Clubhouse - HVAC 18473 SF $ 15.80 $ 291,873 $ 10.17 23-0000 TOTAL HEATING, VENTILATING AND AIR CONDITIONING $ 291873 $ 10.17 26-0000 DIVISION 26 ELECTRICAL Electrical Clubhouse - Electrical System 18473 SF $ 17.50 $ 323,278 $ 11.27 Fire Alarm System Included Lighting Exterior Building Lighting (Allowance) 1 LS $ 25,000 $ 25,000 $ 0.87 Site Lighting (Allowance) 1 LS $ 25,000 $ 25,000 $ 0.87 Interior Lighting (Allowance) 1 LS $ 50,000 $ 50,000 $ 1.74 Electrical Power Generation Stand-by Emergency Generator 1 LS $ 55,000 $ 55,000 $ 1.92 Lightning Protection Not in Contract LS 26-0000 TOTAL ELECTRICAL 478 2T8 $ 16.67 27-0000 DIVISION 27 COMMUNICATIONS Structured Cabling Communications Backbone Cabling Not in Contract Communications Phone and Cable TV Wire and Devices Not in Contract 27-0000 TOTAL COMMUNICATIONS $ DIVISION 28 ELECTRONIC SAFETY AND SECURITY Electronic Surveillance Surveillance System Not in Contract LS Access Control Not in Contract LS Craft Construction LLC. 480 S. Andrews Ave Suite 103 Pompano Bch. FI.33069 Ph.954-372-1017 Page 6 of 7 2/9/2017 COST CODEQTY. UNIT COST•COST 28-0000 TOTAL ELECTRONIC SAFETYAND SECURITY is SUB -TOTAL $ 6,634 087 $ 212.20 50-0000 DIVISION 50 INSURANCE, TAXES & BONDS GC General Liability Insurance $ 5,634,087 EA 0.89% $ 50,143 $ 1.75 Builders Risk Insurance (by Owner) NA Builders Risk Insurance Deductible NA Contractor's Payment & Performance Bond $ - NA 1 % $ 56,341 $ 1.96 Building Permits (by Owner) NA Contractors Contingency (5%) Not in Contract NA Contractor Overhead and Profit (5%) $ 5,634,087 LS 5% $ 281,704 $ 10.61 TOTAL INSURANCE TAXES BONDS CONTRACTOR'S OH&P 388,189 $ 14.62 GRAND TOTAL 6,022,275 $ 226.82 Print Date: 21912017 14:59 Craft Construction LLC. 480 S. Andrews Ave Suite 103 Pompano Bch. F1.33069 Ph.954-372-1017 Page 7 of 7 2/9/2017 CRA-4-"-""--T1 C'r'N.r;.TrsA .- I s:lri zU-x%Illh %JY Colony West Cart Barn (See Clubhouse) Date: 1/23/2017 Update: 211/2017, 219/17 Project Date Project Colony West at Tamarac - Cart Barn Location Tamarac, FL Gross Building Sqft 7,227 Parking Spaces 0 Building Height (stories) 1 Gross Site Area (acres) 0.00 Schedule Duration (months) 6 COSTCODE ITEM UNIT QTY. UNIT COST•COST 01-1000 DIVISION 1 GENERAL CONDITIONS General Condition General Conditions Not Included 01-0000 TOTAL GENERAL CONDITIONS 02-0000 DIVISION 2 SITE CONSTRUCTION Material Testing / Special Inspector Material Testing (by Owner) Not Included Threshold Inspector (by Owner) Not Included Demolition Site Demolition Not Included Building Demolition Not Included Asbestos Remediation Asbestos Abatement Survey Allowance Not Included Underground Storage Tank Removal Underground Storage Tank Removal Not Included Site Clearing Clearing and Grubbing Not Included Temp Facilities Off -site Parking Lot (by Owner) Not Included Bases, Ballasts and Paving Asphalt Paving Parking Lot (Allowance) Not Included Unit Paving Unit Pavers Not Included Sanitary Sewerage Utilities Sanitary Sewer System (Allowance) LS $ $ - Storm Drainage Utilities Storm Drainage System (Allowance) LS $ - $ - Surveying Surveying (Sitework and Building) LS $ - $ - 2-0000 TOTAL SITE CONSTRUCTION $ - $ ' 03-0000 DIVISION 3 CONCRETE Concrete Concrete Testing and Control (By Owner) Not Included Concrete Formwork 7,227 SF $ 9.00 $ 65,043 $ 9.00 Craft Construction LLC. 480 S. Andrews Ave Suite 103 Pompano Bch. F1.33069 Ph.954-372-1017 Page 1 of 5 2/9/2017 COSTCODE ITEM UNIT !TY- UNIT COST TOTAL• 03-0000 TOTAL CONCRETE $ 65,043 $ 9.00 04-0000 DIVISION 4 MASONRY Concrete Masonry Cart Barn- Unit Masonry 1 LS $ 16,200.00 $ 16,200 $ 2.24 04-0000 TOTAL MASONRY $ 16,200 $ 2.24 05-0000 DIVISION 5 METALS Engineered Metal Structures $ - Covered Cart Parking 7227 SF $ 12.00 $ 86,724 $ 12.00 Screen at West Elev. (Allowance) 349 SF $ 5.00 $ 1,745 $ 0.24 $ - 05-0000 1 TOTAL METALS 1 $ 88,469 $ 12.24 06-0000 DIVISION 6 WOODS, PLASTICS AND COMPOSITES Rough Carpentry Rough Carpentry 1 LS $ 1,500 $ 1,500 $ 0.21 Finish Carpentry Running Trim at Office Areas 278 LF $ 5 $ 1,390 $ 0.19 06-0000 TOTAL WOODS, PLASTICS AND COMPOSITES 1 $ Z890 $ 0.40 07-0000 DIVISION 7 THERMAL AND MOISTURE PROTECTION Thermal & Moisture Consultants Building Envelope Consultant (by Owner) Not Included Roofing Consultant (by Owner) Not Included Dampproofing and Waterproofing Exterior Caulking 1 LS $ 900 $ 900 $ 0.12 Thermal Protection Building Insulation 318 SF $ 1.50 $ 477 $ 0.07 07-0000 TOTAL THERMAL AND MOISTURE PROTECTION $ 1,377 $ 0.19 08-0000 DIVISION 8 OPENINGS Interior Doors and Frames Wood Doors, Frames and Hardware 4 EA $ 950 $ 3,800 $ 0.53 Hollow Metal Doors and Frames 2 EA $ 1,300 $ 2,600 $ 0 Overhead Doors Overhead Doors 1 LS $ 41,000 $ 41,000 $ 5.67 Electric Operators for OH Doors Not Included Aluminum Windows Windows 5 EA $ 900 $ 4,500 $ 0.62 Glazing Mirrors for Bath Vanity 1 EA $ 200 $ 200 $ 0.03 08-0000 TOTAL OPENINGS $ 52,100 $ 7.21 Craft Construction LLC. 480 S. Andrews Ave Suite 103 Pompano Bch. FI.33069 Ph.954-372-1017 Page 2 of 5 2/9/2017 COSTCODE ITEM UNIT !TY- UNIT COST TOTAL• 09-0000 DIVISION 9 FINISHES Gypsum Board Framing & Drywall Office Areas 535 SF $ 10.50 $ 5,618 $ 0.78 Lath and Plaster Exterior Stucco 162 SY $ 40.00 $ 6,498 $ 0.90 Ceilings Acoustical Ceilings 450 SF $ 7.00 $ 3,150 $ 0.44 Tile Bathroom Tile 1 LS $ 1,000 $ 1,000 $ 0.14 Carpeting and Vinyl Vinyl Flooring 450 LS $ 6 $ 2,700 $ 0.37 Painting and Coating Exterior Painting 1462 SF $ 2 $ 2,924 $ 0.40 Interior Painting Offices only 2502 SF $ 2 $ 5,004 $ 0.69 09-0000 TOTAL FINISHES $ 26,893 j $ 3.72 10-0000 DIVISION 10 SPECIALTIES Signage Code Minimum Signage 1 LS $ 800 $ 800 $ 0.11 Toilet and Bath Accessories Toilet Accessories 1 EA $ 500 $ 500 $ 0.07 Fire Protection Specialties Fire Extinguishers & Cabinets 4 EA $ 175 $ 700 $ 0.10 10-0000 TOTAL SPECIALTIES $ 22,000 3.04 11-0000 DIVISION 11 EQUIPMENT Residential Equipment Icemaker (By Owner) Not Included 11-0000 TOTAL EQUIPMENT 12-0000 DIVISION 12 FURNISHINGS Window Treatments Not Included Casework. Tops and Furniture Not Included 12-0000 TOTAL FURNISHINGS 13-0000 DIVISION 13 SPECIAL CONSTRUCTION Not Included 13-0000 TOTAL SPECIAL CONSTRUCTION 14-0000 DIVISION 14 CONVEYING EQUIPMENT Not Included 14-0000 TOTAL CONVEYING EQUIPMENT 21-0000 DIVISION 21 FIRE SUPPRESSION Not Included 21-0000 TOTAL RRE SUPPRESSION �raTl Construction LLU. 480 S. Andrews Ave Suite 103 Pompano Bch. FI.33069 Ph.954-372-1017 Page 3 of 5 2/9/2017 COSTCODE ITEM UNIT QTY. UNIT COST•COST 22-0000 DIVISION 22 PLUMBING Plumbing Plumbing System 1 LS $ 5,000 $ 5,000 $ 0.69 CPVC Domestic Water Included PVC Sanitary Included Plumbing Fixtures Plumbing Fixtures Included 22-0000 TOTAL PLUMBING $ 5 000 $ 0.69 23-0000 DIVISION 23 HEATING, VENTILATING AND AIR CONDITIONING HVAC HVAC in Office Areas 1 LS $ 7,000 $ 7,000 $ 0.97 23TOOO-1 TOTAL HEATING, VEN77LATlNG AND AIR CONDITIONING $ 7,000 $ 0.97 26-0000 DIVISION 26 ELECTRICAL Electrical Electrical System 7,227 SF $ 15.00 $ 108,405 $ 15.00 Lighting Interior Lighting (Allowance) Included LS Electrical Power Generation Stand-by Emergency Generator Not Included Lightning Protection Not Included 26-0000 TOTAL ELECTRICAL 1 $ 108,405 $ 15.00 27-0000 DIVISION 27 COMMUNICATIONS Structured Cabling Communications Backbone Cabling Not Included Communications Phone and Cable TV Wire and Devices Not Included 27-0000 TOTAL COMMUNICATIONS - $ DIVISION 28 ELECTRONIC SAFETY AND SECURITY Electronic Surveillance Surveillance System (Allowance) Not Included Access Control Not Included 28-0000 TOTAL ELECTRONIC SAFETY AND SECURITY $ - SUB -TOTAL 395,377 $ 54.71 50-0000 DIVISION 50 INSURANCE, TAXES & BONDS GC General Liability Insurance EA 1% $ - $ - Builders Risk Insurance (by Owner) NA Builders Risk Insurance Deductible NA Contractor's Payment & Performance Bond EA 1% $ - $ - Building Permits (by Owner) NA Warranty / Turnover Reserve (1 % allowance) NA l ratt Construction LLU. 480 S. Andrews Ave Suite 103 Pompano Bch. FI.33069 Ph.954-372-1017 Page 4 of 5 2/9/2017 GRAND TO FAL $ 395,377$ 54.71 Print Date: 21912017 14:59 Craft Construction LLC. 480 S. Andrews Ave Suite 103 Pompano Bch. F1.33069 Ph.954-372-1017 Page 5 of 5 2/9/2017 EXHIBIT D SCHEDULE [00174604.1 2704-9499232) Page 36 of 36 CJ \ N mU •V M f- Q a` r 2E J Q W m J m N JN w Y a _ O u D eo 4 NI c Q 3 m v c N a U ° N g C Oo Z V O u = Y H = 1 C V y a a3 a InY d ° c C al Y E 7 V E C 0 CO y 0 N 1O y C N > oyn e �. ONO m s m N d > Cu a a N c c u a` 00 C 'o Lin Ln 3 ° > a m co O O 0) LO .'� .a c 0 o u to c Idc o to y z H a N y '� v 3 e o 0 3 Lo a V c7 a o`m° Y 3 d a u = u m o o E OL c ° 00 ° '-° 3 > O N m ° 3 0 '� c a` C c 3 c w o = Lr 3 > v o = v E Y a v° 3 E � 0 �° E Y a3 •a _> N a�� u a m � V a d C N E ° i O 10 N N N N > C N Ln (D O m o v o° }• m °• 'd v m = o E on 3 u c N u N (71 N C c u = O O U N a � N �. o � I ri (� N 7 V m a) ci O LU LU 0 N <� F Q ? 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