The Cape Coral City Council authorized another $34 million for the second phase of the rebuild of the Yacht Club Park.
After multiple attempted motions, the council on Wednesday approved an amendment that upped the guaranteed maximum price by about $34.55 million to get infrastructure work rolling while the city continues to work with a potential private partner.
The amendment brings the total for phase two, which includes the utility infrastructure needed to get the Boathouse Tiki Bar & Grill reopened, to nearly $59 million. It also extends the contract time by 912 additional days with a substantial completion by June 5, 2029, and final completion by July 4, 2029.
Councilmembers Jennifer Nelson-Lastra, Keith Long and Rachel Kaduk voted against.
Resolution 291-26, which was pulled for discussion by Kaduk, approved contract amendment three between the city and Wright Construction Group Inc. for construction manager at risk services for the Yacht Club Park to establish the guaranteed maximum price for phase two in the amount of $34,552,924.09. This increased the total guaranteed maximum price to $58,872,843.35.
Kaduk questioned the increase as the project itself is in flux.
“We are working with an unsolicited public-private partner. Why are we doing this? Where is this stuff?” Kaduk said, adding that they are putting this in place because the city just likes to spend money. “I am confused — why we are pushing this forward?”
She said there are a lot more unanswered questions.
“So many things will absolutely change with the P3 while we work with them. I will not support spending the $34 million,” Kaduk said.
The resolution was brought forward because the council directed staff to move onto phase two — a guaranteed maximum price proposal for a fuel system and tanks, civil site work that includes utilities, and beach amenities.
“We had a COW and brought in Wright Construction and had the entire team go over phases one through four,” City Manager Michael Ilczyszyn said.
The discussion included the council prioritizing the beach area.
Councilmember Bill Steinke asked staff to explain how the second phase plays into the contractual responsibilities related to the rebuild of the Boathouse Tiki Bar & Grill.
“We have contractual obligations to provide water, sewer irrigation, utilities and roads. This is how to meet the obligation for the rebuild,” Ilczyszyn said.
City Attorney Aleksandr Boksner said the concessionaire agreement requires the delivery of utilities to the site and the city is contractually obligated to do so.
Councilmember Jennifer Nelson-Lastra attempted to amend the motion to pause until the city has a better development plan from KMB Marine, which did not garner the votes to move forward.
“You are stopping a project in the middle of design with bids out there,” Ilczyszyn said, adding there is a concessionaire that needs the utilities, as there is a contractual obligation to provide them.
He said if the city stops the process now, what’s to say the negotiations fall apart for the P3, and the city held up the concessionaire to be able to open the restaurant and make a profit on the notion of what may be.
Ilczyszyn said the Boathouse would not be able to pass the fire flow test, as there is no fire line on the site today, which is why the sprinklers did not go off in the post-Hurricane Ian building that burnt to the ground.
Mayor John Gunter asked whether the opening of the Boathouse would be restricted if the amendment failed to pass.
“There will not be utility concurrency. What you are setting up is for Zak and his team to come after us. This has to be done. We are going to have to provide these utilities for the concessionaire area,” Ilczyszyn said.
Gunter cautioned his colleagues.
“If we weren’t in the middle of the Boathouse, it would be a no brainer,” he said. “There are legal ramifications when it comes to the Boathouse agreement. They can’t build that structure without utility. They won’t have what they need.”
Gunter said dissenters better make sure to get out the checkbook if they do not move forward with the resolution.
Councilmember Laurie Lehmann asked for a reconsideration.
“I would like to change my nay vote. We realize we have to do all the site work there,” she said, breaking the tied vote.
To reach MEGHAN BRADBURY, please email mbradbury@breezenewspapers.com