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HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-084 Temp. Reso. #13496 September 9, 2020 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2020-Cam / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A REVISION TO THE COLONY WEST CLUBHOUSE AND CART BARN BUDGET REALLOCATING FUNDS TO THE CONSTRUCTION LINE ITEM TO $9,512,069.00 WITHOUT INCREASING THE OVERALL PROJECT BUDGET OF $11,128,281.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE THE APPROPRIATE ACTIONS TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City elected on December 8, 2015 to have AD1 Tamarac Hotels, LLC construct a new 18,135 square feet clubhouse, an approximately 7,541 square feet cart barn, related parking and temporary golf operations ("Clubhouse Facility") on the Colony West Golf Course property; and WHEREAS, the City of Tamarac approved, authorized and directed the appropriate City officials to execute a Construction Contract ("Contract") dated April 12, 2017 (as amended), between the City of Tamarac ("City") and AD1 Management Inc., ("AD1") a Florida corporation, an affiliate of AD1 Tamarac Hotels, LLC via Resolution R-2017-34, a copy of said Resolution is incorporated herein by reference and is on file at the City Clerk's Office; and WHEREAS, pursuant to the Agreement with AD1 an Request for Proposal was issued by AD1 for interested contractors to submit proposals on the construction at Colony West; and WHEREAS, the Marker Group, LLC was issued a contract for the construction of a cart barn, clubhouse, and all site improvements, and utilities; and 4110 WHEREAS, via Resolution Number R-2019-036, dated May 8, 2019, a copy of said Temp. Reso. #13496 1111 September 9, 2020 Page 2 of 5 Resolution is incorporated herein by reference and is on file at the City Clerk's Office, the City Commission of the City of Tamarac authorized the execution of the Settlement and Release Agreement between AD1 Management, Inc., AD1 Hotels, LLC and the City of Tamarac for the termination of the Construction Contract by and between AD1 Management, Inc. and the City of Tamarac due to certain disagreements between the City and AD1; and WHEREAS, due to delays specifically associated with said Construction Contract Termination, additional delays, and details by the design team, Change Orders 1 to 5 to Marker, as approved by Resolution R-2019-49, a copy of said Resolution is incorporated herein by reference and is on file at the City Clerk's Office, have increased the Project Budget's construction line items, and the Coronavirus Pandemic has exacerbated these issues resulting in additional costs associated with time delays outside the control of Marker; and WHEREAS, the following actions must be approved and taken in order to stay within the approved Project Budget; and WHEREAS, in Fiscal Years 2016 and 2017 Stormwater Funds were allocated for Stormwater Improvements on the Colony West Site, prior to the current construction project, and had been incorporated into the final design of the Clubhouse and Cart Barn Project and not completed as independent projects; and WHEREAS, the project requires the reallocation of funds totaling approximately $491,310 to hard Construction, design and permitting. WHEREAS, a detailed summary of the proposed Project Budget Reallocation is attached hereto as "Exhibit 1"; and WHEREAS, the Colony West Construction Project (Project Number GC17A) has a budget of$11,128,281.00; and WHEREAS, the proposed reallocation of funds increases the construction line item and shall not increase the overall project budget of$11,128,281.00; and WHEREAS, it is the recommendation of the Director of Public Services, the • • Temp. Reso. #13496 September 9, 2020 Page 3 of 5 Assistant Director of Public Services/Capital Projects Manager, and the Interim Director of Financial Services, that the budget reallocation, as proposed, be approved by the City Commission, and that the appropriate City Officials be authorized to take the necessary steps to effectuate this Resolution; 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 approve the reallocation of the Colony West Construction Project Budget, as proposes, without increasing the overall Project Budget of$11,128,281.00; and to authorize the appropriate City Officials to take the necessary steps to effectuate this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 410 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. All exhibits attached hereto are incorporated herein and made a specific part hereof. SECTION 2: The City Commission approves the transfer of $269,310 expended for Stormwater Improvements to be appropriated from the Stormwater Management Fund for the Colony West Stormwater Capital Improvements and the funds in the construction contract be reallocated to hard construction cost of the clubhouse and cart barn. SECTION 3: The City Commission approves the reallocation of the Project Budget, a copy of which is attached hereto as "Exhibit 1" and made a specific part of this Resolution, and authorizes the appropriate City Officials to take the necessary steps to effectuate this Resolution. SECTION 4: The City Manager or his designee is hereby authorized to amend the Construction contract from time to time for reallocation of funds to line items that are reasonable and necessary to complete the project, not to exceed the approved budget of $11,128,281.00. Temp. Reso. #13496 • September 9, 2020 Page 4 of 5 SECTION 5: Adequate Funding, in the amount of$11,128,281.00 exists in the Project Budget for the Colony West Construction Project (Project Number GC17A). SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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. "The remainder of this page is left blank intentionally" • • • Temp. Reso. #13496 September 9, 2020 Page 5 of 5 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this/ day , 2020. t//g MICHELLE J. WMEZ MAYOR ATTEST: J N FER HNS N, CMC I CLE K RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: V./M. BOLTON Z� DIST 2: COMM. GELIN /tiv DIST 3: COMM. FISHMAN c .� DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO F RM I's, "Wit..•-14- SAM EL S. GOREN CITY ATTORNEYA 1111