HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-036TR #13269
May 1, 2019
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019 - 36
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE
THAT CERTAIN SETTLEMENT AND RELEASE
AGREEMENT BETWEEN AD 1 MANAGEMENT INC.,
AD 1 HOTELS, LLC AND THE CITY OF TAMARAC,
ATTACHED HERETO AS EXHIBIT "A-1", FOR THE
TERMINATION OF THE CONSTRUCTION
CONTRACT BY AND BETWEEN AD 1
MANAGEMENT INC. AND THE CITY OF TAMARAC
DATED APRIL 12, 2017; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY
AGREEMENTS TO EFFECTUATE THE INTENT OF
THIS RESOLUTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, AD 1 Management, Inc. (AD 1) and the City of Tamarac entered
into that certain Construction Contract, made as of April 10, 2017, a copy of which is
attached hereto as "Exhibit A-2" (the "Original Construction Contract"), as amended
from time to time, including without limitation pursuant to the terms of that certain First
Amendment to Construction Contract, entered into on or about June 21, 2017 (the "First
Amendment"), a copy of which is attached hereto as "Exhibit A-3" (the First
Amendment together with the Original Construction Contract are hereinafter referred to
collectively as the "Construction Contract") for the construction of the new Colony
West Clubhouse Facility, including a new Cart Barn and associated site improvements
(the "Project"); and
WHEREAS, pursuant to the Construction Contract, City retained AD 1 to
oversee the development and construction of the Project) on that certain real property
located at 6800 NW 88t' Avenue, Tamarac, Florida, and
WHEREAS, certain disagreements have arisen between the City and AD 1
regarding construction of the Project, certain terms and conditions set forth in the
Construction Contract, and whether the Construction Contract has previously been
TR #13269
May 1, 2019
Page 2
terminated; and
WHEREAS, pursuant to Section 6.1 of the Construction Agreement, AD 1
escrowed One Million Four Hundred and Five Thousand ($1,405,000.00) constituting
the maximum AD1 Financial Obligation; and
WHEREAS, the entire escrow amount of One Million Four Hundred and Five
Thousand ($1,405,000.00) has been expended towards the project, and
WHEREAS, both parties mutually agree to avoid the uncertainty and expense of
litigation; and
WHEREAS, the City and AD 1 desire to compromise and settle any outstanding
disagreements and any and all claims arising therefrom or otherwise relating thereto on
the terms and subject to the conditions set forth in the Settlement and Release
Agreement attached hereto and referenced herein as Exhibit A-1; and
WHEREAS, the Directors of Community Development, Financial Services, and
Public Services recommend that the appropriate City Officials execute the Settlement
and Release Agreement with AD1 Management Inc., and
WHEREAS, upon settlement of this matter, the City will need to assume the
responsibility for the completion of the construction of the Project by entering into the
agreements with those parties already engaged in the Project thereby waiving ordinary
procurement procedures pursuant to the provisions of Section 6-148(i) of the City's
Code of Ordinances; 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 Settlement and Release Agreement between the City of Tamarac and
AD1 Management Inc., terminating of the Construction Agreement between AD1
Management, Inc. and the City of Tamarac; copy of said Settlement and Release
TR #13269
May 1, 2019
Page 3
Agreement is included herein as Exhibit "A-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.
SECTION 2: It is hereby found and determined that the authorization to execute
the Settlement and Release Agreement 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 the
Settlement and Release Agreement with AD1 Management, Inc., a copy of said
Contract is attached hereto as Exhibit "A-1 ".
SECTION 4: It is further found and determined that based upon the settlement
reached with AD 1 and there being insufficient time to otherwise procure the services of
those parties already engaged in the Project it is in the best interests of the City to enter
into agreements directly with such parties, thereby waiving the normal procurement
procedures pursuant to the provisions of Section 6-148(i) of the City Code. Accordingly,
the City Manager is hereby authorized to execute the necessary agreements to
effectuate the intent of this Resolution without exceeding the authorized budget for the
Project.
SECTION 5. All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
TR #13269
May 1, 2019
Page 4
SECTION 6: 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 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this _Lft day of h�lg -f' 2019.
r,
ATTEST.-
PATRICIA A. TEUFEL,
`?
CITY CLERK
M C ELLE J. GO AYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ r
DIST 1: COMM. BOLTON CE
DIST 2: COMM. GELIN-J
DIST 3: COMM. FISHMAN c�
DIST 4: V/M PLACKO
I HEREBY CERTIFY that I have approved this RESOLUTION as to form.
.L,i
�r � x
SAM EL S. GOREN,
CITY ATTORNEY
1
SETTLEMENT AND RELEASE AGREEMENT
This SETTLEMENT AND RELEASE AGREEMENT (this "Agreement'), effective as of the
8d' day of May 2019 (the "Effective Date"), is entered into by and among AD 1 Management, Inc., a
Florida corporation ("AD 1 Management'), having a principal office at 1955 Harrison Street, Suite 200,
Hollywood, Florida 33020, AD1 Tamarac Hotels, LLC, a Florida limited liability company ("AD 1
Tamarac" and, together with AD l Management, "AD 1"), having a principal office at 1955 Harrison
Street, Suite 200, Hollywood, Florida 33020, and The City of Tamarac, a Florida municipal corporation
(the "City"), having its principal office at 7525 NW 88t' Avenue, Tamarac, Florida 33321 ("City" and,
together with AD 1, each, a "Party" and, collectively, the "Parties").
RECITALS
WHEREAS, the Parties previously entered into that certain Construction Contract, made as of
April 10, 2017, a copy of which is attached hereto as "Exhibit A-1" (the "Original Construction
Contract'), as amended from time to time and over time, including without limitation pursuant to the
terms of that certain First Amendment to Construction Contract, entered into on or about June 21, 2017, a
copy of which is attached hereto as "Exhibit A-2" (the "First Amendment" and, together with the
Original Construction Contract, the "Construction Contract');
WHEREAS, pursuant to the Construction Contract, City retained AD 1 to assist City in the
construction of a new golf clubhouse facility, including a cart barn, maintenance space, associated
parking and temporary golf operations (collectively, the "Project') on that certain real property located
at 6800 NW 88t' Avenue, Tamarac, Florida (the "Property");
WHEREAS, certain disagreements have arisen between City and AD 1 regarding construction
of the Project, certain terms and conditions set forth in the Construction Contract and whether the
Construction Contract has previously been terminated (collectively, the "Dispute"); and
WHEREAS, in order to avoid the uncertainty and expense inherent in litigation, City and AD 1
desire to compromise and settle their outstanding disagreements and any and all claims arising therefrom
or otherwise relating thereto on the terms and subject to the conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants of the Parties
hereinafter expressed and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto, each intending to be legally bound, agree as follows:
1. Definitions. Capitalized terms used but not defined in this Agreement shall have the
respective meanings assigned thereto in the Construction Contract.
2. Termination of the Construction Contract. Effective as of the Effective Date, the
Construction Contract is hereby terminated and will be of no further force or effect, and the rights and
obligations of the Parties thereunder shall terminate in all respects.
3. Assignment and Assumption of Marker Agreement. Simultaneous with the execution of
this Agreement, City and AD l shall execute three originals of an Assignment of Construction
Agreement in form identical to that attached as "Exhibit B" hereto (the "Marker Assignment')
pertaining to that certain: (i) Standard Form of Agreement Between Owner and Contractor (AIA
Document A102 - 2017), made as of the 23`d day of May in the year 2018 (the "Clubhouse Standard
Form Agreement'), by and between AD 1 Tamarac and The Marker Group, LLC, a Florida limited
liability company ("Marker"), and (ii) General Conditions of Contract for Construction (AIA Document
A201 - 2017), by and between AD 1 and Marker ancillary to the Standard Form Agreement (the
"Clubhouse General Conditions" and the Standard Form Agreement, as amended, modified and
assigned by the Marker Assignment, the "Marker Clubhouse Agreement").
4. Outstanding Payment Applications and Potential Change Orders.
(a) Potential Change Order ("PCO") number 3 (Fairfield Inn at Colony West Golf
Club), initiated on or about November 16, 2018, as revised pursuant to revision 2, pertaining to change
event 003, in an amount (the "PCO 3 Amount") equal to One Hundred Eight Thousand Two Hundred
Nine Dollars and Twenty -Eight Cents ($108,209.28) is hereby approved by AD 1, and shall constitute a
change order for all purposes under that certain (i) Standard Form of Agreement Between Owner and
Contractor (AIA Document A102 - 2017), made as of the 9h day of May in the year 2018 (the "Hotel
Standard Form Agreement"), by and between AD 1 and Marker, and (ii) General Conditions of
Contract for Construction (AIA Document A201 - 2017), by and between AD 1 and Marker ancillary to
the Hotel Standard Form Agreement (the "Hotel General Conditions" and, together with the Standard
Form Agreement, the "Marker Hotel Agreement").
(b) PCO number 6 (Country Club & Cart Barn at Colony West), initiated on or
about November 16, 2018, as revised pursuant to revision 1, pertaining to change event number 009, in
an amount equal to Eleven Thousand One Hundred Seventy -Five Dollars and (Forty -Three Cents
($11,175.43) is hereby approved by City, and shall constitute a change order for all purposes under the
Marker Clubhouse Agreement; provided, however, that in the event that AD 1 or any affiliate of AD 1
shall be successful in obtaining reimbursement of not less than the PCO 3 Amount from or on behalf of
McLaughlin Engineering Company, a Florida corporation ("McLaughlin") as a result of McLaughlin's
erroneous use of National Geodetic Vertical Datum of 1929 ("NGVD") for purposes of surveying the
Property, AD 1 shall, as promptly as practicable following its receipt of payment, reimburse City in an
amount equal to the lesser of. (a) Eleven Thousand One Hundred Seventy -Five Dollars and (Forty -Three
Cents ($11,175.43) and (ii) the amount by which the amount actually received by AD 1 exceeds the PCO
3 Amount.
(c) PCO number 20 (Country Club & Cart Barn at Colony West), initiated on or
about April 5, 2019, pertaining to change event number 029, in an amount equal to One Hundred Fifty -
Seven Thousand Eight Hundred Sixty -Nine Dollars and Fifty Cents ($157,869.50) is hereby retracted and
shall be deemed null and void.
(d) PCO number 21 (Country Club & Cart Barn at Colony West), initiated on or
about April 12, 2019, pertaining to change event number 031, in an amount equal to Twelve Thousand
Six Hundred Eighty -Seven Dollars and Thirty -Seven Cents ($12,687.37) is hereby approved by City, and
shall constitute a change order for all purposes under the Marker Clubhouse Agreement.
(e) PCO number 22 (Country Club & Cart Barn at Colony West), initiated on or
about April 15, 2019, pertaining to change event number 032, in an amount equal to One Thousand Eight
Hundred Ninety -Five Dollars and Sixty -Two Cents ($1,895.62) is hereby approved by City, and shall
constitute a change order for all purposes under the Marker Clubhouse Agreement.
5. Mutual Release. In consideration of the covenants, agreements and undertakings of the
Parties under this Agreement, each Party, on behalf of itself and its respective present and former
parents, subsidiaries, affiliates, officers, directors, shareholders, members, successors and assigns
(collectively, "Releasors") hereby releases, waives and forever discharges the other Party and its
respective present and former, direct and indirect, parents, subsidiaries, affiliates, employees, officers,
directors, shareholders, members, agents, representatives, permitted successors and permitted assigns
(collectively, "Releasees") of and from any and all actions, causes of action, suits, losses, liabilities,
rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
2
judgments, extents, executions, claims, and demands, of every kind and nature whatsoever, whether now
known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law,
admiralty or equity (collectively, "Claims"), which any of such Releasors ever had, now have, or
hereafter can, shall, or may have against any of such Releasees for, upon, or by reason of any matter,
cause, or thing whatsoever from the beginning of time through the date of this Agreement arising out of
or relating to the Project, the Dispute, the Construction Contract and or the Marker Clubhouse
Agreement, except for any Claims relating to rights and obligations preserved by, created by or otherwise
arising out of this Agreement. This Agreement resolves any claim for relief that is, or could have been
alleged, no matter how characterized, including, without limitation, compensatory damages, damages for
breach of contract, bad faith damages, reliance damages, liquidated damages, damages for humiliation
and embarrassment, punitive damages, costs, and attorneys' fees related to or arising from the Dispute.
Representation and Warranties. Each Party hereby represents and warrants to the other
Party that:
(a) It has the full right, power and authority to enter into this Agreement and to
perform its obligations hereunder.
(b) The execution of this Agreement by the individual whose signature is set forth at
the end of this Agreement on behalf of such Party, and the delivery of this Agreement by such Party,
have been duly authorized by all necessary action on the part of such Party.
(c) This Agreement has been executed and delivered by such Party and (assuming
due authorization, execution, and delivery by the other Party hereto) constitutes the legal, valid and
binding obligation of such Party, enforceable against such Party in accordance with its terms[, except as
may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws
and equitable principles related to or affecting creditors' rights generally or the effect of general
principles of equity.
(d) It (i) has not filed with any governmental agency or court any type of action or
report against any of the other Parties; (ii) knows of no Claims against the other Party relating to or
arising out of this Agreement that are not covered by the release contained in Section 5 and (iii) has
neither assigned nor transferred any of the Claims released herein to any person or entity and no person
or entity has subrogated to or has any interest or rights in any Claims.
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS
SECTION 6, (I) NONE OF THE PARTIES HERETO NOR ANY PERSON ON SUCH PARTIES'
BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR
WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW,
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE,
ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (II) EACH OF THE PARTIES HERETO
ACKNOWLEDGES THAT, IN ENTERING INTO THIS AGREEMENT, IT HAS NOT RELIED UPON
ANY REPRESENTATION OR WARRANTY MADE BY THE OTHER PARTIES, OR ANY OTHER
PERSON ON SUCH OTHER PARTIES' BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN
THIS SECTION 6.
7. No Admission of Liability. Each Party acknowledges that the terms and conditions set
forth in this Agreement have been agreed upon as a compromise and final settlement of disputed claims
and nothing contained in this Agreement is, and may not be construed as, an admission of liability by
such Party and is not to be construed as an admission that any other Party has engaged in any wrongful,
tortious, or unlawful activity. Each Party hereto specifically disclaims and denies (a) any liability to any
of the other Parties hereto and (b) engaging in any wrongful, tortious, or unlawful activity.
Indemnification.
(a) Each Party (as "Indemnifying Party") shall defend, indemnify and hold
harmless the other Party, and its officers, directors, employees, agents, affiliates, permitted successors
and permitted assigns (collectively, "Indemnified Party"), against any and all losses, damages,
liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or
expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right
to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by an
Indemnified Party (collectively, "Losses"), arising out of or resulting from any claim of a third party or
Party alleging: (i) breach by Indemnifying Party or its employees, consultants or other personnel of any
representation, warranty, covenant or other obligations set forth in this Agreement; or (ii) negligence or
more culpable act or omission of an Indemnifying Party or its employees, consultants or other personnel
(including any recklessness or willful misconduct) in connection with the performance of its obligations
under this Agreement.
(b) Notwithstanding anything to the contrary in this Agreement, the Indemnifying
Party is not obligated to indemnify, defend or hold harmless the other Party and the other Indemnified
Parties against any Losses arising out of or resulting, in whole or in part, from an Indemnified Party's: (i)
willful, reckless or negligent acts or omissions; or (ii) bad faith failure to comply with any of its
obligations set forth in this Agreement.
(c) An Indemnified Party seeking indemnification under this Section 8 shall give the
Indemnifying Party: (i) prompt Notice (as defined below) of the relevant claim; provided, however, that
failure to provide such notice shall not relieve the Indemnifying Party from its liability or obligation
hereunder, except to the extent of any material prejudice directly resulting from such failure; and (ii)
reasonable cooperation, at the Indemnifying Parry's expense, in the defense of such claim. The
Indemnifying Party shall have the right to control the defense and settlement of any such claim; provided,
however, that the Indemnifying Party shall not, without the prior written approval of the Indemnified
Party, settle or dispose of any claims in a manner that affects the Indemnified Party's rights or interests.
The Indemnified Party shall have the right to participate in the defense at its own expense.
(d) Notwithstanding anything contained in this Section 8 to the contrary, nothing
contained in this Section 8 shall be deemed a waiver by City of any rights to sovereign immunity as
contemplated under Section 768.28, Florida Statutes.
9. Further Cooperation. Each Party shall reasonably cooperate with each other in good faith
and shall coordinate their activities with the other Parties (to the extent reasonably practicable) in order
to effectuate the transactions contemplated under this Agreement. Each Party agrees to execute and
deliver such other instruments and perform such acts, in addition to the matters herein specified, as may
be reasonably appropriate or necessary, from time to time, to effectuate the agreements and
understandings of the Parties set forth in this Agreement, whether the same occurs before or after the date
of this Agreement (provided, that none of the Parties shall be required to incur any expenses). In
addition, each Party shall reasonably cooperate with the other Parties and use commercially reasonable
efforts to coordinate their activities (to the extent reasonably practicable) in respect of all matters
concerning their respective construction projects on or about the Property.
10. Reliance on Own Counsel. In entering into this Agreement, the Parties acknowledge that
they have relied upon the legal advice of their respective attorneys, who are the attorneys of their own
choosing, that such terms are fully understood and voluntarily accepted by them, and that, other than the
consideration set forth herein, no promises or representations of any kind have been made to them by the
other Party. The Parties represent and acknowledge that in executing this Agreement they did not rely,
and have not relied, upon any representation or statement, whether oral or written, made by the other
Parties or by any other Parties' agents, representatives, or attorneys with regard to the subject matter,
basis, or effect of this Agreement or otherwise.
11. Miscellaneous.
(a) All notices, requests, consents, claims, demands, waivers, summons and other
legal process, and other similar types of communications hereunder (each, a "Notice") must be in writing
and addressed to the relevant Party at the address set forth on the first page of this Agreement (or to such
other address that may be designated by the receiving Party from time to time in accordance with this
Section 11(a). All Notices must be delivered by personal delivery, nationally recognized overnight
courier (with all fees pre -paid), or certified or registered mail (in each case, return receipt requested,
postage prepaid). A Notice is effective only (i) upon receipt by the receiving Party and (ii) if the Party
giving the Notice has complied with the requirements of this Section I I (a).
(b) This Agreement and all related documents including all exhibits attached hereto,
and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute
are governed by, and construed in accordance with, the laws of the State of Florida, without giving effect
to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the
application of the laws of any jurisdiction other than those of the State of Florida.
(c) This Agreement and each of the terms and provisions hereof may only be
amended, modified, waived or supplemented by an agreement in writing signed by each Party.
(d) No Party may assign, transfer or delegate any or all of its rights or obligations
under this Agreement without the prior written consent of the other Parties; provided, however, that each
Party may assign this Agreement to an affiliate, a successor -in -interest by consolidation, merger or
operation of law or to a purchaser of all or substantially all of the Party's assets. No assignment will
relieve the assigning Party of any of its obligations hereunder. Any attempted assignment, transfer or
other conveyance in violation of the foregoing will be null and void. This Agreement will inure to the
benefit of and be binding upon each of the Parties and each of their respective permitted successors and
permitted assigns.
(e) This Agreement may be executed in counterparts, each of which is deemed an
original, but all of which constitutes one and the same agreement. Delivery of an executed counterpart of
this Agreement electronically or by facsimile shall be effective as delivery of an original executed
counterpart of this Agreement.
(f) For purposes of this Agreement, (i) the words "include," "includes" and
"including" are deemed to be followed by the words "without limitation"; (ii) the word "or" is not
exclusive; (iii) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to this Agreement
as a whole; (iv) words denoting the singular have a comparable meaning when used in the plural, and
vice -versa; and (v) words denoting any gender include all genders. The Parties drafted this Agreement
without regard to any presumption or rule requiring construction or interpretation against the party
drafting an instrument or causing any instrument to be drafted.
(g) The headings in this Agreement are for reference only and do not affect the
interpretation of this Agreement.
(h) If any term or provision of this Agreement is invalid, illegal or unenforceable in
any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision
of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Upon a determination that any term or other provision is invalid, illegal or unenforceable, the Parties
hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the
Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated
hereby be consummated as originally contemplated to the greatest extent possible.
(i) Each of the Parties shall, and shall cause its respective affiliates to, from time to
time at the request and sole expense of the other Party, furnish the other Party such further information or
assurances, execute and deliver such additional documents, instruments and conveyances, and take such
other actions and do such other things, as may be reasonably necessary or appropriate to carry out the
provisions of this Agreement and give effect to the transactions contemplated hereby.
0) In the event that any action, suit, or other legal or administrative proceeding is
instituted or commenced by either Party hereto against the other Party arising out of or related to this
Agreement, the prevailing party shall be entitled to recover its reasonable and actual attorneys' fees and
court costs from the non -prevailing party.
(k) This Agreement constitutes the sole and entire agreement between the Parties
with respect to the subject matter contained herein and supersedes all prior and contemporaneous
understandings, agreements, representations and warranties, both written and oral, with respect to such
subject matter.
(1) Each Party shall pay its own costs and expenses in connection with the drafting,
negotiation, and execution of this Agreement (including the fees and expenses of its advisors, accounts
and legal counsel).
(m) This Agreement benefits solely the Parties hereto and their respective permitted
successors and permitted assigns, and nothing in this Agreement, express or implied, confers on any
other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or
by reason of this Agreement.
(o) This Agreement shall be effective from and after the Effective Date; provided,
however, that in the event City shall not be duly authorized to execute this Agreement within thirty (30)
days following the Effective Date, upon expiration of such thirtieth (30t') day, this Agreement shall
become null and void and shall be deemed to have been null and void from and after the Effective Date.
READ THE FOREGOING DOCUMENT CAREFULLY. IT INCLUDES A RELEASE OF
KNOWN AND UNKNOWN CLAIMS.
[Signature page follows. ]
IN WITNESS WHEREOF, the parties hereto have caused this Settlement and Release
Agreement to be executed as of the date first written above and, where applicable, by their respective
duly authorized officers.
AD 1:
AD I Management, Inc.^Florida corporation
By: �
Title:
CITY:
City of Tamarac, a Florida municipal
corporation
By:
Title:
AD] Tamarac Hotels, a Florida limited liability company
AD 1 Manazement. Inc.
Manager %, n
By:'
Title:
IN WITNESS WHEREOF, the parties hereto have caused this Settlement and Release
Agreement to be executed as of the date first written above and, where applicable, by their respective
duly authorized officers.
AD l: CITY:
AD 1 Management, Inc., a Florida corporation City of Tamarac, a Florida municipal
corporation
By: y: kA.'� "mot L, C�r� �C
Title: Title:
AD1 Tamarac Hotels, a Florida limited liability company
By: AD 1 Management, Inc.
Its: Manager
By:
Title:
"Exhibit A-1"
Attach Original Construction Contract
FIRST AMENDMENT
TO CGNSTF-UGTI®N CONTRACT
WHEREAS, ADD 1 Management, Inc., a Florida corporation, as affiliate of AD 1
Tamarac Hotels, LLC ("ADI") and the City of Tamarac, a Florida municipal
corporation (the "City") entered into that certain Construction Contract (the "Contract')
concerning the real property located at 6800 NW 88s' Avenue, Tamarac, Florida (the
"Property").
WHEREAS, the City has requested certain default language to be added to Section 7.1 of
Article VII of the Contract regarding the commencement of certain improvements on the
Property by AD 1.
NOW THEREFORE,
City and AD agree to the following:
L The Whereas clauses are hereby ratified and confirmed.
2. The following is added as subsection (f) to Section 7.1 of Article VII — EVENTS OF
DEFAULT of the Contract:
(f) )~lre to Commence Construction. — The failure of AD 1 to commence
construction of the Cart Barn or Colony West Golf Clubhouse in accordance with the
dates as set forth in the Project Schedule. The failure to commence construction on either
date shall constitute a default and the remaining principal balance of the original alternate
purchase price payment in the amount of One Million Four Hundred Five Thousand and
00/100 ($1,405,000.00) Dollars shall then be immediately released to the City for
purposes of facilitating the construction of the Colony West Golf Clubhouse and the Cart
Barn.
All other terms and provisions of the Contract not otherwise modified by this First
Amendment are hereby ratified and confirmed, and shall remain in full force and
effect.
In the event of any inconsistencies between this First Amendment and the Contract, the
provisions contained in this First Amendment shall prevail. In any other respects, the
Contract remains unchanged.
CITY: ADD:
City of Tamarac, a Florida municipal AD Manapemeat, lnc.,' p Florida
corporation corporation
By: Michael Cernech
Title: City Manager
Signed on June _ 2017
(0018E809.1 2704-9499272}
By: Daniel Berman
Title: President
Signed on June _!;�L, 2017
FIRST AMENDMENT
TO CONSTRUCTION CONTRACT
WHEREAS, AD 1 Management, Inc., a Florida corporation, as affiliate of AD 1
Tamarac Hotels, LLC ("AD1") and the City of Tamarac, a Florida municipal
corporation (the "City") entered into that certain Construction Contract (the "Contract'
concerning the real property located at 6800 NW 88 h Avenue, Tamarac, Florida (the
"Property'D.
WHEREAS, the City has requested certain default language to be added to Section 7.1 of
Article VII of -the Contract regarding the commencement of certain improvements on the
Property by AD 1.
NOW THEREFORE,
City and AD 1 agree to the following:
1. The Whereas clauses are hereby ratified and confirmed.
2. The following is added as subsection (f) to Section 7.1 of Article VII — EVENTS OF
DEFAULT of the Contract-
(f) Failure to Commence Construction. — The failure of AD1 to commence
construction of the Cart Barn or Colony West Golf Clubhouse in accordance with the
dates as set forth in the Project Schedule. The failure to commence construction on either
date shall constitute a default and the remaining principal balance of the original alternate
purchase price payment in the amount of One Million Four Hundred Five Thousand and
00/100 ($1,405,000.00) Dollars shall then be immediately released to .the City for
purposes of facilitating the construction of the Colony West Golf Clubhouse and the Cart
Barn.
3. All other terms and provisions of the Contract not otherwise modified by this First
Amendment are hereby ratified. and confirmed, and shall remain in full force and
effect.
In the event of any inconsistencies between this First Amendment and the Contract, the
provisions contained in this First Amendment shall prevail. In any other respects, the
Contract remains unchanged.
CITY:
City of Tamarac, a Florida municipal
co 0
By: Michael Cernech
Title: City Manager
Signed on June 7%k , 2017
(00198809.1 270449499232(
ADI:
AD 1 Management, Inc., a Florida
corporation
By. Daniel Berman
Title: President
Signed on June , 2017
Temp. Reso. No. 12917
March 29, 2017
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017 -
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-
V (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 bam, 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-1" attached hereto and incorporated herein; and
WHEREAS, AD1 Management Inc., the construction arm and affiliate of
AD1 Tamarac Hotels, LLC ("AD1") 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 'T' (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 "1".
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 - r4'� 2017.
HARRY DRESSLER,
MAYOR
ATT ST:
(PATRICIATEUF 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
tAMUEL S. GOREN
CITY ATTORNEY
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT ("Contract'), made as of dad2017
by and between AD 1 Management, Inc., a Florida corporation, an affiliate of AD 1 Tamarac
Hotels, LLC ("AD I") having a principal office at 1955 Harrison Street, Suite 200, Hollywood,
FL and the City of Tamarac, a Florida municipal corporation ("C'), having its principal office
at 7525 NW 88h 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
("Pro ert ') 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', 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 Obligation") .
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 - DEFIMTIONS
1.1 Definitions. As used herein, the following terms shall have the respective
meanings indicated below:
(a) "Affiliates " 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 27049499232) 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) "C�W_' 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 Facility" 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 Ma1eure" 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.
(00174&9.1 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) "Retainagp" 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.
(fl) "Substantial Completion" or "Substantially Completed" 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 H - 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.
(00174W4.1 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
0) 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 Emvlovees and Proiect Staffinu.
(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
{00174W4.1 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 I
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 27W94992321 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, AD 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 Citys 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:
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(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
(00174604A 2704-9499732) 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 AD1
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. AD 1 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
(00174604.1 270"99232) 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 City to 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 AD1 demonstrates to City that such corrective
work is inappropriate or inconsistent with the Plans and Specifications, AD 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. AD 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 fizrther 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 AD1 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 AD1 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, AD1 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 AD 1 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
(00174& ti.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 parry'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.
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6.3. Project Costs Over Maximum ADl Financial Obli ag tion. The City shall be
responsible for the payment of all costs necessary to complete construction of the Project that
exceed the Maximum AD 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 l 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 27W94992321 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 (IOth) 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;
M 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.
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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 AD1 shall be intentionally misleading in
any material respect.
ARTICLE VHI -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
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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.
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(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:
{00174w4.1 2704-9499D2) 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.
(001746(M.1 2704-9499732) 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 home by AD l .
(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 attorneys 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
{00174MA.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 AD 1 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 AD 1 has paid the
Maximum AD1 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 2704-94"232) 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 88th Avenue
Tamarac, Florida 33321
Attn: Michael Cemech, City Manager
Michael. Cemech@tamarac.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 og ren(a,cityatty 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 Headings. 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 2704-94992321 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.
IT 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 2704-94"232) 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 a Flori corporation
By:
Name- A-Xj l Z l�-M
Titl K-c sa'6 '5 1
CITY:
City of Tamarac, a Florida municipal
cor n
Name: Michael Cemech
Title: City Manager
(00174604A 2704-94992321 Page 31 of 36
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
(00174604.12704-9499232) Page 32 of 36
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EXHIBIT B
PLANS AND SPECIFICATIONS
{00174604.1 2704-9499232) Page 34 of 36
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EXHIBIT C
BUDGET
(00174 4.1 2704-94"232) Page 35 of 36
PROPOSED CLUBHOUSE COLONY WEST
Construction Proforma
Building Size Under A/C (Sq Ft) 18,135
Cart Barn Size (Sq Ft) 7,541
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
Cart Barn
Other
Other
Extra Contingency (Alternatives)
Other
FF&E & OSE
Total
SOFT COSTS for Clubhouse & Cart Barn
Due Dilligence
Site -Plan, Construction Drawings & CA
Leed Design for Clubhouse
Traffic Engineer (Included)
Civil Engineer (Included)
Alta Survey (Included)
Impact Fees and Construction Permits
Public Bond (estimate)
Real Estate Taxes
Insurance (GL&BR)
Soil Report, Environmental and Material Testing
Appraisal
Project Management
Accounting and Legal
Flag Application Fee
Pre -Opening Expense
$5,639,274 $310.96
$395,377 $52.43
$0
$0.00
$0
$0.00
0.00% $0
$0.00
$0
$0.00
$500,000
$27.57
$6,534,651
$390.96
$15,000
$0.83
$351,547
$19.39
$90,000
$4.96
$0
$0.00
$0
$0.00
$0
$0.00
$150,000
$8.27
$200,000
$11.03
$0
$0.00
$50,000
$2.76
$20,000
$1.10
$0
$0.00
4.00% $261,386
$14.41
$0
$0.00
$0
$0.00
$50,000
$2.76
Working Capital
$0
$0.00
Contingency
0.00%
$0
$0.00
Total
$1,187, 933
$65.50
FINANCING COSTS
Loan Origination Fees and Expenses
0.00%
$0
$0.00
Loan Closing Costs
0.00%
$0
$0.00
Senior Loan Interest Reserve
0.00%
$0
$0.00
Pref Reserve (est)
$0
$0.00
$0
$0.00
Total
$0
$0.00
TOTAL•
;.
,. .
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 R A-wrr"""'T
rr.A ft1rMd Fr'Ti1R1 tC1-1104 VY
Fairfield Inn
Updated Pricing
Date:
1 /23/2017
Update: Revised 211/217, 219117
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
COST CODECITY.•ST
01-1000
DIVISION 1 GENERAL CONDITIONS
General Condition
General Conditions
1
LS
$ 784,002
TOTAL COST•
$ 784,002
$ 12.13
01-OM
TOTAL GENERAL CONDMAIS
3 002
1213
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, 381/,
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
COSTCODE
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
Utillties 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 WW CONSTRUCTION
724772
$ 11.0
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
034000
TOTAL CONCRETE
$ ZOOZ970
$ 30.98
04-0000
DIVISION 4 MASONRY
Concrete Masonry
Unit Masonry (Included in Concrete)
Included
$ -
$ -
Q4-0000
TOTAL MAS RY
$
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
1COSTCODE
os-0000
TOTAt AfET
s 662
s 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
08 0000
7-AL YYC)ODS PLAS AND C041POWES
105
S 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
Induded
Temporary Waterproofing
Temporary Waterproofing
1
SF
$ 5,500
$ 5,500
$ 0.09
07-0000
TOTAL THEJWAL AND AFWTURE FROTIECTION
s 174 517
$ Z67
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
$ 026
08-0000
TOTAL OPENANGS
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
iCOSTCODE
ITEM
QTY.
UNIT
UNIT COST•
•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 ANIISMS
f 4f0 59Q
2229
10-0000
DIVISION 10 SPECIALTIES
Signage
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
$ 3,500
$ 0.05
10.0000
TOTAL SPECIALTIES
Is
103,000
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 EQUNWW
s f17
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
,COSTC.D
Countertops (Allowance)
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
124)WO
TOTAL FLqtWHWW
t 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
IUM
TOTAL SPE= CONSTRUCMN
1091SOK01S
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
140000
TOTAL
21 500
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
154)000
TOTAL AfECHAN/CAL
1460 748
22.60
16-0000
DIVISION 16 ELECTRICAL
Electrical
Electrcal 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
1640000 TOTAL
$ 940 0W
14.54
SUI9WT—AL - DMSION 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
$ 128
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
$ 720
TOTAL WSURANCE TAXES BONDS CONTRACTORS OH&P
641,663
$ 9.92
GRAND TOTAL - PER TOTAL SF
9IM0671 $ 153.96
Cost/Key $ 8Z942
Print Date: ZWO17 14:59
Page 6 of 6
CR /-:r-T
co9MPA,NY
Date: 12/0212016
Update: 219/2017
12/02/16 Revised 12/21116, 2/9117
Project Date
Project Colony West at Tamarac - Clubhouse
Location
Tamarac , FL
Ground Floor Interior Sqft
10,964
Second Floor Interior Sqft
8,409
Sub Total of Interior Sqft
18,473
Porte Cochere Sqft
2,895
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 CODEQTY.
DIVISION 1 GENERAL CONDITIONS
UNIT COST•COST
01-1000
General Condition
General Conditions
1
LS
$ 454,626
$ 454,626
$ 17.12
01-0000
TOTAL GENERAL COND1710NS
i 454620
$ 15.85
02-0000
DIVISION 2 SITE CONSTRUCTION
Material Testino / Si3ecial 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 9t Elevator Foundation (Allowance by
96 of Gmund Suftce Area)
61 %
MO
$ 15,000
$ 9,150
$ 0.06
Fuel for Dewa6ating Pumps (Allowance by % of
Ground SurWe Area)
61 %
GAL
$ 3,500
$ 2,135
$ 0.01
957 Stone for Dewatering (Allowance by % of
Gmund 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)
Not Included
Streetside Provisions
Street Cleaning (Allowance)
62%
SF
$
3,500
$
2,170
$
0.08
Bases. Ballasts and Paving
Asphalt Paving Parking Lot (Allowance, 62%)
62%
SY
$
616,094
$
381,978
$
13.32
Concrete SkWArAks (Allowance, 82%)
62%
SF
$
45,500.00
$
28,210
$
0.98
Curtis and Gutters (Allowance, 62%)
In Paving
Unit PaAnq
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 $ 2800 $ 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, F1.33069
Ph.954-372-1017 Page 2 of 7 2/9/2017
COST CODE
ITEM
UNIT
QTY.
UNIT COSTTOTAL
0"M
I TOTAL MASONRY
$ 329 I $ 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
1
$ 344 550
is 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
6 0000
TOTAL KOOODS PLASTICS AND COMPOSITES
150,000
&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 CODEQTY.
ITEM
UNIT
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-OW
TOTAL THERMAL AND A/OISTURE PROTEC710N
$ 188 563
&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-OOW
TOTAL OPENNYGS
8 830
i ?I.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
$ -
0S1-0000 TOTAL
RNlSHES
47 735
16.58
Craft Construction LLC.
480 S. Andrews Ave Suite 103
Pompano Bch. FI.33069
Ph.954-372-1017 Page 4 of 7 2/9/2017
COST CODECITY.UNIT
• ST
TOTAL
SF
COST
1070000
DIVISION 10 SPECIALTIES
Louvers and Vents
Not Included
Signage
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
;
1
3.67
11-0000
DIVISION 11 EQUIPMENT
Vehicle Equipment
Vehicle Access Control Gates
Not Included
Food Service Equipment
Commercial Kitchen Equip.
Not Included
11-00W
TOTAL EOW MENT
S
-
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
$
O00
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
134000 1
TOTAL SPECIALCONSTRtUCTION
4253"
14.83
14-0000
DIVISION 14 CONVEYING EQUIPMENT
Hydraulic Two Stop Elevator
2
EA
$
32,500
$
65,000
$
2.27
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
14 )000
1 TOTAL 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
1 TOTAL RRE SUPPRESSION
; 50 801
f 1.77
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
; 21 440
7.41
23-0000
DIVISION 23 HEATING, VENTILATING AND AIR
CONDITIONING
HVAC
Clubhouse -HVAC
18473
SF
$ 15.80
$ 291,873
$ 10.17
23d000
TOTAL HEATING VENTILATING AND AIR CONDITIONING
; 281873
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
TO AL ELECTRICAL
47 2278
16.87
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 C0MMUNICA710NS
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. F1.33069
Ph.954-372-1017 Page 6 of 7
MR7KIIIiiN
COST CODEOTY.
UNIT COST
TOTAL
SF COST
294)OW TOTAL ELECTRONIC SAFiETYAND SECURITY
$ -
$ -
SUBTOTAL
$ 5,634,W7
212 20
50-0000
DIVISION 50 INSURANCE, TAXES 8, 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 BON ONTRACT R'S OH&P
189
14.62
GRAND TOTAL
022,275
226.82
Print Date: 229/2017 14:59
Craft Construction LLC.
480 S. Andrews Ave Suite 103
Pompano Bch. FI.33069
Ph.954-372-1017 Page 7 of 7 2/9/2017
CRAIM-71
Colony West Cart Barn (See Clubhouse)
Date: 112312017
Update: 2/1/2017, 219/17
PFqJW 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
• ••ITEM
UNIT
QTY. UNIT COST•COST
01-1000
DIVISION 1 GENERAL CONDITIONS
General Condition
General Conditions
Not Included
01-0000
TOTAL GENERAL CONDIrMS
'
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
03-0000
TOTAL CONCRETE
65,043 9A0
04-0000
DIVISION 4 MASONRY
Concrete Masonry
Cart Barn- Unit Masonry
1
LS
$ 16,200.00
$ 16,200
$ 224
04-0000
TOTAL MASONRY
$ 16,200
2.24
05-0000
DIVISION 5 METALS
Engineered Metal Structures
$ -
Covered Cart Parking
7227
SF
$ 1200
$ 86,724
$ 12.00
Screen at West Elev. (Allowance)
349
SF
$ 5.00
$ 1,745
$ 0.24
0 54M
TOTAL METALS
$ 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
2,890 i 0.40
07-0000
DIVISION 7 THERMAL AND MOISTURE PROTECTION
Thermal S 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
1,3771$
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 ITOTAL OPENINGS
52,1001$
7.21
Craft Construction LLC.
480 S. Andrews Ave Suite 103
Pompano Bch. F1.33069
Ph.954-372-1017 Page 2 of 5
2/9/2017
COST CODEOTY.
UNIT COST•SFCOST
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 RIOWES
8 26,893
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
22,0001$
3.04
11-0000
DIVISION 11 EQUIPMENT
Residential Eguipmerrt
Icemaker (By Owner)
Not Included
114=0
1 TOTAL EQWMEVT
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-OM
T TAL SPECIAL CONSTRUCTION
14-0000
DIVISION 14 CONVEYING EQUIPMENT
Not Included
14-MO
TOTAI CONVEYING EQINPFAENT
21-0000
DIVISION 21 FIRE SUPPRESSION
Not Included
21-000o TOTAL RRE SUPPRESSION
,-ran ons ruc ion
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 PL G
$ 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
23-0000
7�OTAL HEA1iNG VENTJLATING AND AIR CONDR70NING
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
$ 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 COAWUNICATIONS
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
S 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
Graff Construction LLG.
480 S. Andrews Ave Suite 103
Pompano Bch. FI.33069
Ph.954-372-1017 Page 4 of 5
2/9/2017
GRAND TOTAL 1 $ 395.3771$ 64.71
Print Date: 2/9P2017 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
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