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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a .m. - June 16, 2015
REVISED June 16, 2015 - Regular Meeting
Agenda Item #55


Subject
Willow Walk Wastewater Forcemain and Master Lift Station Utility Participation Agreement

Briefings
None

Contact and/or Presenter Information

Sia Mollanazar, P.E., Deputy Director - Engineering Services, Public Works Department, ext. 7487



Action Requested
Authorization for the Chairman to execute the Utility Participation Agreement for Willow Walk Wastewater Forcemain and Master Lift Station Construction Agreement with Willow Walk LLC, a Delaware Limited Liability Company.

Enabling/Regulating Authority

Policy 9.2.3.3 of the Manatee County Comprehensive Plan authorizes the County to pay for the cost of additional materials necessary for oversizing any component of the wastewater collection system where a development is required to increase system capacity greater than that required by a proposed project.



Background Discussion

The Developer is owner of a certain real property located in Manatee County, Florida, in Section 32, Township 33 South, Range 18 East and in Section 5, Township 34 South, Range 18 East.

The Developer has submitted to the County a plan for a residential community on the property, which is identified as PDR-14-04(Z)(P)/14-S-72(P)FSP-14-57 and which is known as "Willow Walk Phase 1" (the "Project').

The Developer desires to connect the Project to the County's wastewater collection/conveyance system for the benefit of the Project.

Subject to receiving reimbursement from the County as provided herein, the Developer is willing to construct certain utility improvements (the ''Utility Improvements"), in conjunction with the County's desire for upgrading the wastewater system to address the future needs within that area.

Pursuant to the County's request, the Utility Improvements depicted in the Scope of Work will exceed the capacity required by the proposed Project.

Policy 9.2.3.3 of the Manatee County Comprehensive Plan authorizes the County to pay for the cost of additional materials necessary for oversizing any component of the wastewater collection/conveyance system where a development is required to increase system capacity greater than that required by a proposed project.

The County hereby agrees to participate in a portion of the actual costs of the Utility Improvements and acknowledges those funds to be paid to the Developer.

The Developer shall design, engineer, permit, and construct the Utility Improvements within or adjacent to the Project in accordance with the Scope of  Work within the agreement.

The County shall reimburse the Developer for thirty and four-tenths percent (30.4%) of the actual costs of the Alternate Final Scope incurred, on a per invoice basis, for construction of the Utility Improvements, such percentage being the County's pro rata share of the cost of the Alternative Final Scope.

The County's obligation to reimburse the Developer shall not exceed the sum of one hundred and ninety-nine thousand, one hundred sixteen dollars and forty-eight cents ($199,116.48).

A Utility Participation Agreement is attached reflecting the agreed to participation by the County in a portion of the actual costs of the utility improvements.  The Developer has submitted the contractual bids and the County has reviewed the bids.  The County finds the required participation for the upgrade to the system to be accurate in the amount of $199,116.48 for the upgraded wastewater system within the Willow Walk Phase 1 project.



County Attorney Review
Not Reviewed (No apparent legal issues)

Explanation of Other


Reviewing Attorney
N/A

Instructions to Board Records
Please return the executed, original Participation Agreement to the Public Works Department, attention Sia Mollanazar, P.E., Deputy Director- Engineering Services.   Please call Sia Mollanazar, P.E., at 941-708-7487 and he will arrange pick up of the signed original document.

Cost and Funds Source Account Number and Name
$199,116.48 total reimbursement to Willow Walk LLC

Amount and Frequency of Recurring Costs
$0


Attachment:  52915 Utility Participation Agmt (00236288-Version%) 05312015 sia (Executed).docx.pdf
Attachment:  EXHIBIT B - REVISED UTILITY PLAN.pdf
Attachment:  EXHIBIT C - Cost Estimate (5-29-15).pdf