www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 4, 2017
REVISED April 4, 2017 - Regular Meeting
Agenda Item #46


Subject
First Amendment to Reimbursement Agreement for Rye Road Sewer Line Improvements to add a twelve (12) foot wide sidewalk

Briefings
None

Contact and/or Presenter Information
Sia Mollanazar, P.E., Deputy Director -Engineering Services, Ext. 7487


Action Requested

Authorization for the County Administrator to execute the "First Amendment to Reimbursement Agreement for Rye Road Sewer Line Improvements" between the County and D.R. Horton, Inc.

Approval of Budget Resolution B-17-040.



Enabling/Regulating Authority
Section 125.01, Florida Statutes

Background Discussion
On or about August 8, 2016, the County and D.R. Horton, Inc. (the "Developer") entered into a reimbursement agreement for improvements to the Rye Road sewer line (the "Agreement"), which is attached to the amendment and incorporated as Exhibit "1".  The Developer and the County agreed that the construction of an expanded sewer line and related improvements (the "Project") will benefit the Developer's project and the surrounding greater community and that the County will reimburse the Developer for the construction cost of the project. 

Presently, the contractor is finishing the construction of the force main.  As part of this force main installation, the existing five (5) foot sidewalk was removed.  The existing agreement calls for replacing the five (5) foot sidewalk.  

Manatee County also has a road Capital Improvement Project (CIP) for Rye Road.  The 100% design construction drawings call for a twelve (12) foot sidewalk, installed on top of the force main.  It would be more economical, efficient, and safer to install the twelve (12) foot sidewalk portion of the Rye Road sidewalk CIP project as part of the force main installation and eliminate the line item for replacing the five (5) foot side walk within the existing force main contract/agreement.

Along with the improvements considered in the original agreement, by way of this amendment, the County now requests that the Developer construct a twelve (12) foot wide by four (4) inch thick sidewalk (the "Sidewalk") as part of the Project.

The County and the Developer wish for the Agreement to remain in effect, but to modify the Agreement, pursuant to paragraph VII.2 of the Agreement, to include the addition of the twelve (12) foot sidewalk to the project, to increase the maximum amount the County will reimburse the Developer due to the addition of the sidewalk to the Project, and to extend the deadline for completion of the Project, under paragraph II.7 of the Agreement, to provide for more time to complete the Project as now modified.

Manatee County has designed and funded the construction of the twelve (12) foot wide sidewalk project and the Developer is willing to construct the sidewalk (See Exhibit "2" - the "Path Plan") as per the County's plan and final scope for the work.  The Developer and the County both desire to expedite the construction of the twelve (12) foot wide sidewalk project.

The County shall reimburse the Developer for one-hundred percent (100%) of the actual cost incurred by the Developer for the construction described in the final scope.  The County's obligation to reimburse the Developer shall not exceed the sum of $1,839,343.42 for the final scope of work, with an additional sum of $133,000.00 as contingency for unforeseen conditions or any conflict, plus an additional $200,000 to pay for the increased cost in construction of the twelve (12) foot wide sidewalk (see Exhibit "3").

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Clague

Instructions to Board Records
Please return the executed, original "First Amendment to Reimbursement Agreement for Rye Road Sewer Line Improvements"  to Public Works Department, attention Sia Mollanazar, P.E., Deputy Director - Engineering Services.

Please call Sia Mollanazar, P.E., at 941-708-7462, to arrange for the pick-up of the signed, original document.

Cost and Funds Source Account Number and Name
Increase the maximum amount of the County's obligation to reimburse the Developer by $200,000. Increase from $1,972,343.42 to $2,172,343.42 to cover additional cost associated with the revised final scope of work.

Amount and Frequency of Recurring Costs
$O


Attachment:  First Amendment to Reimbursement Agreement for Rye Road Sewer Line Improvements - Executed by D R Horton Inc 03282017.pdf
Attachment:  Exhibit 1 - Executed Reimbursement Agreement for Rye Road Sewer Line Improvements & Exhibit A 08082016.pdf
Attachment:  Exhibit 2 - Rye Road Path Plan.pdf
Attachment:  Exhibit 2 - Rye Road Path Plan - SWFWMD Sidewalk Exemption.pdf
Attachment:  EXHIBIT 3 - First Amendment to Reimbursement Agreement for Rye Road Sewer Line Improvements.pdf
Attachment:  FW__Rye Road Sewer Line Reimbursement Agreement Amendment; RLS-2017-0099 CAO comments of 03012017.pdf
Attachment:  B-17-040.pdf