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File #: 25-65    Version: 1 Name:
Type: Resolution / Regular Agenda Status: Passed
File created: 11/14/2024 In control: City Commission
On agenda: 3/11/2025 Final action: 3/11/2025
Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER OFFICIALS TO EXECUTE A CONSTRUCTION CONTRACT BETWEEN THE CITY OF POMPANO BEACH AND H.A. CONTRACTING CORP. FOR CONSTRUCTION OF MCNAB ROAD STREETSCAPE IMPROVEMENT PROJECT AND RELATED ADDITIONAL WORK (PROJECT); AND APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE REDEVELOPMENT AGREEMENTS WITH PRIVATE PROPERTY OWNERS AFFECTED BY THE PROJECT, APPROVING AND AUTHORIZING THE PROPERTY CITY OFFICIALS TO EXECUTE A PARKING LICENSE AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND ALS POMPANO BEACH II, LLC TO PROVIDE TEMPORARY PARKING FOR AFFECTED RESIDENTS AND CONSTRUCTION PERSONNEL DURING THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. (Fiscal Impact: $22,936,498.77)
Attachments: 1. City Atty. Comm. 2025-279.pdf, 2. 2025-63.pdf, 3. Engineer Memo to City Attorney - McNab Road Improvements.pdf, 4. Signed Agreement3.5.25.pdf, 5. Exhibit A ITB E-11 -24.pdf, 6. EXHIBIT B -Construction Contract 12551- General Terms HD- FT_Rev02 (ars).pdf, 7. EXHIBIT C - Insurance Requirement_H#12551.pdf, 8. McNab Road Streetscape Best And Final Offer 8-13-24.pdf, 9. McNab Road - Bar Chart by WBS.pdf, 10. Cypress Landing Condominium Agreement Executed by Board.pdf, 11. Cypress Club Agreement.pdf, 12. 200 E McNab Road (Brewfish-Kwikstop) Agreement FINAL.pdf, 13. Location Map - McNab Road and Bridge.pdf, 14. McNab Road Streetscape-Permit Plans-Civil.pdf, 15. McNab Road Streetscape-Bid Plans.pdf, 16. McNab Road Streetscape-Bid Plans Add Alternate.pdf, 17. Exhibit 1 - 2023.09.25 Brewfish Brewery - Civil Plans.pdf, 18. Exhibit 2 - 202.09.28 Cypress Club Condo - Civil Plans.pdf, 19. Exhibit 3 - 2023.10.04 Cypress Landing Parking Lot - Civil Plans.pdf, 20. 033124 Bridge Report.pdf, 21. 033124 Bridge Report Photos.pdf, 22. Development Order Brewfish Site.pdf, 23. Development Order Cypress Club Condo.pdf, 24. Exemption Letter - Cypress Club Condo.pdf, 25. Exemption L2025-017 Brewfish Brewery.pdf, 26. Parking License Agreement.pdf

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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER OFFICIALS TO EXECUTE A CONSTRUCTION CONTRACT BETWEEN THE CITY OF POMPANO BEACH AND H.A. CONTRACTING CORP. FOR CONSTRUCTION OF MCNAB ROAD STREETSCAPE IMPROVEMENT PROJECT AND RELATED ADDITIONAL WORK (PROJECT); AND APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE REDEVELOPMENT AGREEMENTS WITH PRIVATE PROPERTY OWNERS AFFECTED BY THE PROJECT, APPROVING AND AUTHORIZING THE PROPERTY CITY OFFICIALS TO EXECUTE A PARKING LICENSE AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND ALS POMPANO BEACH II, LLC TO PROVIDE TEMPORARY PARKING FOR AFFECTED RESIDENTS AND CONSTRUCTION PERSONNEL DURING THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE.

(Fiscal Impact: $22,936,498.77)

 

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(Staff Contact: Fernand Thony)

 

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Summary Explanation/Background:

Staff is seeking City Commission approval of a Resolution awarding H&A Contracting Corp. (HA) a contract in the sum of $22,936,498.77 (see contract). HA responded to an Invitation to Bid (ITB E-11-24) and submitted a proposal that was reviewed by Purchasing and GO Bond staff for compliance and completeness. The two departments collaborated to negotiate the final price with HA and arrived at the sum stated above resulting in substantial savings of nearly $1,506,930.00 from the last guaranteed maximum price proposal (GMP) to the City. Permit fees which are a typically a past-thru cost will be paid via the contract contingency amount which is under the City’s control. Furthermore, both departments collaborated to review unit prices and collectively concluded that the prices are commensurate with the current market. This agenda item will authorize HA to carry out construction improvements on McNab Road from Cypress Road to US 1/Federal Highway (see Location Map). The work includes repairs and/or replacement of sidewalks; extension of a force main from the existing bridge to a point just west of the intersection of Cypress Road; relocation of an existing water main and other utilities (subaqueous) to better align with the bridge; new lighting including realignment of wiring affected by the bridge; roadway resurfacing and striping as well as supporting drainage improvements to localized areas where ponding usually occurs; new landscape; and, complete bridge replacement (see bridge report and photos). Due to the project’s complexity and impacts caused by replacing and realigning the bridge, three abutting private properties are affected, namely 200 E. McNab Road (Brewfish Restaurant), Cypress Club, and Cypress Landing. The Brewfish Restaurant property is affected as the existing westernmost driveway access is directly abutting the toe of the bridge. As the bridge is replaced, re-aligned and its clearance raised (4’), the new toe of the bridge comes into conflict with this driveway effectively nullifying its use. Staff recognized this condition and the City’s engineering consultant team prepared a set of plans to address it and create a safer access to the site. Part of the improvements include removing parking in the public right-of-way and relocating it internal to the Brewfish parking area converting the old 45-degree angled parking to 90-degree parking. The number of parking spaces returned to the site was increased by two (2) spaces from the existing internal count. In Cypress Club’s case, a similar situation unfolded. There is an existing driveway directly west of the bridge. The proximity of this driveway to the bridge will be compromised causing a sight visibility conflict and affecting the safety of those using this driveway. The engineering consultant team identified a location approximately 150’ west of the existing entrance more suitable and causing the least impact to the community. To further alleviate impacts to the residential units closer to the proposed entrance driveway, the project will install additional landscape to serve as a buffer and better shield the residents. Lastly, Cypress Landing’ main entrance on McNab Road at the northeast corner of the bridge, is already in conflict with the toe of the bridge, and the realignment of the bridge would further inhibit its use. As a result, the engineering consultant team worked on a plan to fully re-design the parking lot serving the community. Once the original entrance off McNab Road was deemed to be nullified, the community would have lost access to 22 parking spaces. Even retrofitting parts of an adjacent parcel would not have been sufficient to restore the lost parking spaces. Moreover, public input and interaction with adjacent residents (i.e., Barcelona Gardens Condo, single family on SE 14th Street, etc.) led the City to consider other alternatives including reworking the entire parking lot that previously served the northern half of the community. The result is a more cohesive site that provides a safer circulation pattern for the affected residents and utilizes McNab as the primary access to the property. In order to meet the extensive engineering requirements to provide for waste collection, fire and BSO emergency response, etc., the City utilized a property formerly known as Cypress Nook to create the new plan. The City, in anticipation of the bridge replacement project, had recognized that the Cypress Nook parcel would serve an important public purpose. In this case, a redesign of Cypress Landing, coupled with Cypress Nook’s site, allowed the City to reconfigure the otherwise lost parking, add a new dumpster, and replace all affected landscape. The ultimate design results in Cypress Landing receiving ownership of the old Cypress Nook’s parcel. This Resolution includes provisions to enter into three (3) agreements with each of the aforementioned private properties. Without those agreements, the bridge project would not be possible. Considering that the lifecycle of the existing bridge (50 years) has already passed, it is recommended that the bridge replacement be done as part of this project as planned. As stated above, the bridge was redesigned to be raised to provide an additional 4’ of clearance. Whereas Coast Guard regulations would have compelled the City to increase the existing clearance no less than 1.5’ the result (impact to adjacent properties) would have been inevitable. Therefore, staff believes this is the best design overall resulting in a safer and more functional bridge structure. Based on the proposed construction schedule: the three private properties and the utility upgrade work will be completed first followed by partial streetscape work, all expected to be done in 2025 and early 2026. In mid-2026, the bridge is planned to be replaced from mid-May to about mid-September. This schedule would allow to minimize the impacts to the elementary school located on SE 9th Avenue near US 1. Discussions with school officials took place and staff was able to work out this schedule being more favorable and less intrusive to their operations. Once the bridge is completed and ready to be reopened to the public, the remaining streetscape work would take place including the final lift of asphalt and stripping. The project is scheduled to be complete by the end of December 2026. Note: The Development Orders for the Brewfish and Cypress Club Condominium site plans are also uploaded for the record. The remaining site plan pertaining to Cypress Landing Condo has been submitting to the Development Services Department. Review is in progress and a development order is expected to be approved in time for the contractor to process permit plans with the Building Department. Also attached are letters of exemption from Broward County no longer requiring a drainage access and easement agreement between Brewfish and Kwik Stop and a similar exemption for Cypress Club. Staff recommends approval of this Resolution.

Included in the agenda backup is a parking license agreement to address affected residents and construction personnel during the project.

 

Origin of request for this action: GO Bond

Fiscal impact and source of funding: $22,936,498.77 GO Bond 322-7635-530-65-12 $13,103,479; GO Bond Interest $2,400,000; Tree Canopy $877,545; General Fund Balance $6,555,474.77.

 

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