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P.H. 2022-70: (PUBLIC HEARING 2ND READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE SECOND AMENDMENT TO THE CONSTRUCTION MANAGER-AT-RISK AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND THE WHITING-TURNER CONTRACTING COMPANY FOR THE CONSTRUCTION OF SEGMENT 2 OF THE DIXIE HIGHWAY/ATLANTIC BOULEVARD STREETSCAPE IMPROVEMENTS AT A GUARANTEED MAXIMUM PRICE OF $45,632,432, TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR AN AMOUNT UP TO $13,921,600 IN PROJECT FUNDING UNDER THE COUNTY TRANSPORTATION SURTAX PROGRAM, AND TO AUTHORIZE THE PROPER CITY OFFICIALS TO MAKE NONSUBSTANTIVE AMENDMENTS WITHOUT FURTHER COMMISSION APPROVAL AS MAY BE REQUIRED BY BROWARD COUNTY FOR PROGRAM FUNDING, NOT INCLUDING THE GUARANTEED MAXIMUM PRICE, AND TO PROVIDE COPIES OF SUCH AMENDMENTS TO THE CITY COMMISSION AND CITY CLERK; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: $45,632,432.00)
FIRST READING: JUNE 28, 2022
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(Staff Contact: Suzette Sibble/Horacio Danovich)
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Summary Explanation/Background:
Staff is seeking City Commission approval of an Ordinance to execute a Guaranteed Maximum Price (GMP) contract with The Whiting-Turner Contracting Company (WT) in the sum of $45,632,432.00. WT submitted a GMP and a proposed schedule. Staff negotiated the GMP in accordance with City Commission instructions per a Master Agreement executed via Ordinance 2019-94 approved on September 24, 2019. This is a second amendment to the original contract. The first amendment was approved via Ordinance 2021-24, and that amendment authorized construction of proposed improvements of Segment 1 (Dixie Highway from McNab Road to SW 3rd Street). Under the proposed GMP, WT will oversee construction improvements for Segment 2 along Dixie Highway from SW 3rd Street to NE 10th Street. Additionally, work will be conducted on Atlantic Boulevard from a point just west of NW 6th Avenue to a point just east of Cypress Road. To arrive at the proposed GMP, WT, acting as the Construction Manager at Risk (CMAR), was retained and awarded a Pre-Construction services contract approved via Resolution 2020-22, whereas WT’s main responsibilities include assisting the design team led by Kimley-Horn (KH) to resolve constructability issues, vet subcontractors, obtain three (3) quotes from qualified contractors, and help procure services by said contractors on behalf of the City. WT reviewed the 90% plans (see Construction Plans). Customarily, the CMAR prepares a GMP using 90% design plans. The plans are considered construction ready subject to Building Department approval and final considerations. Upon review of the plans, WT prepared Request for Information (RFI) forms and helped resolve conflicts with KH and their subs. Subsequently, WT prepared a GMP tallying the results of their work and submitted it to the City for review. Once staff reviewed the proposed GMP, the two parties met to negotiate the GMP and discussed unit pricing, value engineering options, alternatives, etc. The end result is the GMP that’s being presented for City Commission consideration under this Ordinance.
The work will consist of intersection improvements to improve pedestrian and traffic circulation; demolition of existing facilities (i.e., existing concrete medians, asphalt and sidewalk removal); bicycle lanes; landscape medians; sidewalks (concrete and pavers); new curbing; decorative street lighting; landscaping (groundcovers, shade trees, palms, and supporting irrigation); street furniture (benches, bicycle racks, trash containers); upgrades to the existing drainage system; improvements to existing water and sewer mains; and, roadway resurfacing and pavement markings, signage, etc. In addition, the work will include traffic signal modifications and improvements to the Florida East Coast (FEC) railway at-grade crossings, as well as realignment of existing traffic signals along Dixie Highway at the intersections of DR. MLK Jr. Boulevard/NE 3rd Street, NE 6th Street, and NE 10th Street.” As shown on the proposed schedule, the project is expected to start by November 2022. That will allow the design and CMAR team to resolve any pending issues, secure final permits, order materials, begin mobilization and staging, and get ready for construction. This project is expected to be completed by September 2025 and will require a Maintenance of Traffic (MOT) plan to be in place for the duration and coordination with other agencies (i.e., Broward County Traffic Engineering, Florida East Coast Railway - FEC, to name a few) will be critical. Staff recommends approval.
Origin of request for this action: GO Bond
Fiscal impact and source of funding: $45,632,432 as follows: GO Bond $11,320,308.00 (Project No. 19355, account 318-7633-530.65-12 CONSTRUCTION); CRA Bond $15,000,000; CRA NWCRA 2022 Budget $2,300,000; County Surtax $13,921,600; FDOT - Agreement CIP #17303 (302-7581-530-6512) $2,406,210; tree canopy fund $684,314.
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G.O. POMPANO!
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