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