Agenda 03/24/2009 Item #16C 2
Agenda Item No. 16C2
March 24, 2009
Page 1 of 18
EXECUTIVE SUMMARY
Recommendation to reimburse WCI in the amount of$91,565.I6 for the remaining amount
of the County's portion of costs for rehabilitation of the potable water distribution system
to sen<ice Tower Road.
OBJECTIVE: To obtain approval from the Board of County Commissioners, Ex-Officio, the
Governing Board of the Collier County Water-Sewer District to reimburse WCI in the amount of
$91,565.16 for the remaining amount of the County's portion of costs for rehabilitation of the
potable water distribution system to service Tower Road.
CONSIDERATIONS: On January 9, 2007, per Item 16C7, the Board of County Commissioners
approved an Agreement with WCI to split the cost of replacement of the potable water
distribution network that services Tower Road, with each party contributing 50%, with the
estimated fiscal impact to the County not to exceed $110,600.
During installation of the new watennain, additional costs above that which was authorized by
the Board were realized. Site conditions encountered necessitated the use of larger pumps for
dewatering and additional time spent to install the new watennain in extremely wet conditions.
Increased parts costs were also a factor. WCl paid out $268,672.25 and the County paid
$85,541.93 for contributed utility parts, bringing the total actual costs to $354,214.] 8.
Paid by WCI $208.672.25
Utility parts contributed by County $ 85.541.93
Total Costs $354.214.18
$354,214.18
x 50%
$177,107.09 County portion
$ 85.54 t .93 less County contributed
$91.565.16 Total due WC]
$177,107.09
The watennain servicing Tower Road was reaching the end of its useful life, and the new potable
watennain has an expected useful life of over 25 years.
FISCAL IMPACT: Funds are available in the County Water/Sewer Fund (4]2), Water Capital.
The source of funding is user fees.
LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency. Section 3
of the Cost-sharing Agreement provides (in part) that "The parties. . . expressly agree. . . to
each pay and be responsible for fitly percent (50%) of the Costs incurred to construct the
Improvements. . .." This item is not quasi-judicial (ex parte disclosure is not required), and
requires a majority vote. -JW
GROWTH MANAGEMENT IMP ACT: There is no impact to the growth management plan.
RECOMMENDATION: That the Board of County Commissioners Ex-Officio, the Governing
Board of the Collier County Water-Sewer District approve reimbursement to WC] in the amount
of$91,565.]6 for the remaining amount of the County's portion of eosts for rehabilitation of the
potable water distribution system to serviee Tower Road.
;'.'""
PREPARED BY: Pamela Libby, Water Operations Manager
Agenda Item No. 16C2
March 24, 2009
Page 2 of 18
2
Page] of I
Agenda Item No. 16C2
March 24. 2009
Page 3 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C2
Recommendation to reimburse We! in the amount of $91.565.16 for the remaining amount of
the Countys portion of costs for rehabilitation of the potable water distribution system to
service Tower Road.
Meeting Date:
3/24/200990000 AM
Prepared By
Pamela Libby
Water Operations Manager
Date
Public Utilities
Water
3/9/20092:59:36 PM
Approved By
Amia Curry
Engineering Technician
Date
Public Utilities
Public Utilities Operations
3/9/20095:10 PM
Approved By
Pamela Libby
Water Operations Manager
Date
Public Utilities
Water
3/10/2009 3:45 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
3/11/20098:04 AM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/11/20099:25 AM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
3/11iZ009 9:37 AM
Approved By
James W. Delany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
3/11/20091:24 PM
Approved By
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
3/11f20091:45 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/17/200910:14 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/17/200911:33 AM
ORIGINAL DOCUMENTS CHECKLIST & ROUTI~~n~~~hg~4~r 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO. .
THE BOARD OF COUNTY COMMISSIONERS OFFlCE FOR SIGNATURE
Print on pink: paper. Attach to original document. Original d.ocumcnts should be hand delivered to the Board Offlce. The completed routing slip and original
documents are to be f()l'warded to the Board Office only !f!u tilt BGard has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures. dates. andlor infonnation nceded. If the document is already complete with the
exccon.on of the Chairman's siJrnaturc, draw a line throuRh routino lines #1 throUllh #4, con-nlete the checklist, and forward to Sue Filson line #5\
Route to Addressee(s) Office Initials Date
(List in TOutinlo! order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original docum.entpending Bee approval NOmlally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing
information. AJ} original documents n~ding the Bee Chairman's signature are to be delivered to the Bee office only after the ace has acted to approve the
item.)
Name of Primary Staff Pamela Libby Phone Number 253-0215
Contact
Agenda Date Item was January 9, 2007 Agenda Item Number J6C7
Annroved bv the BCC
Type of Document Agreement Number of Original One
Attached Documents Attached
J.
INSTRUCTIONS & CHECKLIST
Initial the Yes col= 01 mark "N/A" in the Not Applicable col=, whicbever is
a fO 'ate,
Original docwnent has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Anomey. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Anomey's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
docwnent or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uircd.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to TalJahassee within a certain
time frame or the Bee's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC 00_1/9/07 (enter date) and aU
chang.. made during the meeting have been Incorporated in the attached document.
The Connt Attorne 's Office has reviewed the chan es, if a Ucable.
nla
Yes -
PL
Yes -
PL
nla
PL
2.
3.
4.
5.
6.
1; Forms! County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05
Agenda Item No. 16C2
March 24, 2009
pa2bfC 7
MEMORANDUM
Date: January 23,2007
To: Pam Libby, Distribution Manager
Public Utilities Water Division
From: Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re: Cost-Sharing Agreement
Enclosed please find one copy of the original document, as
referenced above, approved by the Board of County
Corrunissioners on January 9, 2007 (Agenda Item #16C7).
The Minutes and Records Department has retained the original
document for the official record and the Finance Department has
been sent a copy.
Jfyou should have any questions, please feel free to contact me at
774-8411.
Thank you.
Enclosure
Agenda Item No. 16C2
Ma~h~., .200.9.
_ !',hiP
1 .
"'.~ ;
COST-SHARING AGREEMENT
JTHIS COST -SHARING AGREEMENT (this U Agreement") is made and entered into this ~ day
of (i."J~ 2007 by and among (i) BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLO A ("CollIer County''), and (u) WCI COMMUNITIES. INC., a Delaware corporation
whose mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134 ("wcr').
WITNESSETH:
A. WCI is the owner of that certain pan:el of real property located in Collier County, Florida,
known as Lands End Preserve and being more particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference (the "WCI Parcel").
B. WCI intends to develop the WCI Pan:el as a residential community to be commonly known
and designated as "Artesia Naples" and containing, together with certain common amenities. approllimately
725 condominium and single family dwelling units.
C. Collier County adopted Ordinance number 03-04, known as the "Lands End Preserve
Planned Unit Development Ordinance" (the ''PUD Ordinance"). The PUD Ordinance, among multiple
developer rights and obligations, placed an obligation on the developer of the WCI Parcel to reconstruct
Tower Road and Barefoot Williams Road from S.R. 951 to the nonhern boundary of the WCI Parcel.
D. Collier County and WCI have detemuned for the benefit of both parties that the water main
along Tower Road from S.R. 951 to Barefoot Williams Road should be replaced with a new 8 inch PVC
water main and the ex.isling 6 inch water main should be filled ("Improvements").
E. Colli er County and WCI acknowledge and agree, due to the construction af the
Improvements and other factors which were not initially considered, the reconstruction of Tower Road and
Barefoot Williams Road will take longer than the time period originally contemplated in the POD
Ordinance.
F. The reasonable costs to perform the Improvements are referred to herein collectively as the
"Costs," an estimate of such Costs being attached hereto as Exhibit "B" and incorporated herein by this
reference.
G. The parties hereto desire to share the payment of the Costs, all on the terms set fonh
herein and further desire to enter into this Agreement for the purpose of documenting and memorializing
'their agreements pertaining to the sharing and payment of the Costs.
H. Due to the fact that no actual design or technical specifications ellist at present for the
Improvements, the parties hereby agree to use good faith efforts to reach a "Post Closing Agreement"
with respect to the actual design and specification of the Improvements. The parties further agree that a
sharing of costs for the installation of these features will also be incorporated into said "Post Closing
Agreement" .
NOW, THEREFORE, in consideration of the swn of Ten and NoIlOO U.S. DoHan ($10.00) and
other good and valuable considerations, the receipt of wltich is hereby acknowledged, the parties hereto
hereby expressly agree for themselves and their respective successors and assigns. as follows:
Agenda Item No. 16C2
March 21. 120~n ,,,.
pageJ: V"I " /
'.J
L WCI shall have sole power, authority and responsibility to oversee the construction of the
Improvements all in accordance with the terms and conditions set forth herein.
2. Subject to the County first acquiring fmal acceptance title to the respective facilities, Collier
County hereby expressly agrees to maintain the Improvements in "Good Condition," as such term is
hereinafter defined. As used herein, the phrase "Good Condition," with reference to the Improvements,
shall me,," and refer to the repair, replacement or restoration of any damaged or then missing portions of
the Improvements.
3. The parties hereto, for themselves and their respecti ve successots and assigns, hereby
expressly agree to each pay and be responsible for fifty percent (50%) of the Costs incurred to construct the
Improvements, subject to the credit to be given to Collier County as stated in Paragraph 4 below. The
parties expressly acknowledge, understand and agree that the amounts set forth on Exhibit "B" are estimates
only. WCI agrees to pay all construction Costs np front and to periodically submit written notices to Collier
County to obtain reimbursement of its respective pro-rata portion of the Costs. The notices shall in each
instance be accompanied by (a) true, complete, accurate and legible copies of docwnentation confirming
such Costs and (b) satisfactory evidence that such Costs have been paid by WCI. Such amounts shall be
due and payable within fony-five (45) days following written demand therefor. Commencing on the forty-
sixth (46th) day following such written notice, the outstanding amount shall accrue interest at the maximum
rate pemritted by Florida law until such amount and all accrued interest thereon has been paid in full to
WCl.
4. Collier County shall be responsible for supplying the materials necessary to construct the
Improvements, including. but not limited to, approximately 2910 linear feet of 8" PVC water main, gate
valves and fire hydrant assemblies. Collier County shall be entitled to a credit against its share of the Costs
equal to the actual amount it pays for the materials. Collier County agrees to submit true, complete,
accurate and legible copies of documentation confirming the COSIS of the materials.
5. If legal and/or administrative proceedings are required to enforce any prov;sion(s) contained
herein against any party hereto or their respective successors and/or assigns, as the case may be, the
prevailing party shall not be enutled to recover anorneys' fees andlor costs, including costs and/or
attorneys' fees incurred in connection with appellate proceedings.
6. This Agreement shall be subject to easements, restrictions, covenants, conditions, limitations
and reservations of record, if any. At no additional cost to WCI, Collier County agrees to grant any
reasonable easements necessary for WCI to construct the Improvements.
7. This Agreement, inchlding all exhibits attached hereto, shall constimte the sole and entire
agreement between the parties hereto and the consummation of aU discussions to date. No modifications of
this Agreement shall be binding unless in writing and signed by all parties to this Agreement. No
representation, promise, or inducement not included in this Agreement shall be binding upon any party
hereto. Any waiver must be in writing and shall not operate or be construed as a waiver of any other
provision or subsequent breach hereof.
8. Except as otherwise provided for herein, and except for claims, actions, demands and
liability to third parties not a party to this Agreement resulting from the negligence of each party for which
each such party is solely responsible. each of the parties hereto shall defend, indemnify and hold the other
parties hereto hannless from all claims. actions, demands and liability to third parties not a party to this
2
C;\DocumalF.S and Sc:Uings\palmer_t\Locaf Settings\Tcmporary Internet File~\OLK12\Arttsia.Counry COSt sbaringagreert:letll ~ 12 14 06.dot;
Agenda Item No. 16C2
March 24iOQ9
Page ':e68 t' 7
V
Agreement based upon the condition or maintenance of the Improvements. The payment of any such claim,
if awarded. shall be shared equally by the parties hereto.
9. The invalidity or unenforceability of any provision of this Agreement shall not affect the
remaining provisions of this Agreement.
] O. Whenever any notice, detrull1d, consent, delivery or request is required or pennitted
hereunder. it shall be in writing and shall be deemed to have been properly given or served when delivered
in fact to the other proper pany or seven (7) days after such notice is deposited in the United States mail,
with adequate postage prepaid and sent by registered or certified mail with return receipt requested, to the
addresses set forth on the first page hereof or at such other addresses as are specified by written notice so
given in accordance herewith. Notice shall also be deemed properly given if given by facsimile transmittal
",~th confirmation of receipt.
11. This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Cost-Sharing Agreement on the
day and year first above written.
CSi~t~
Signature of First Witness
DeJ\(S~ L. Lavef1.1
T~Fir~
Signature of Second Wuness
WCI COMMUNITIEs, INC., a Delaware
corporation
~~~~~'---
(CORPORATE SEAL)
and legal sufficiency:
BOARD OF COUNTY COMMISIONERS
COLLIER CO~, ~
By: ~ ~_
Frank Halas, Chairman
Thomas Palmer,
Assi''taDt County Attorney
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PAGE 00l/001
Fax
S Aaenda Item No. 16C2
erver March "4, 2009
pa9J.96 1 f. "
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FE'......PLES WA"I1WORKS .,36
3763 PROSPECT AVE
NAPLES. FL;W 1 04
DttlN.,. To: ABTROHt
F,orn: Jodar41k Adam.
COlTl"n..,ts;
12;52;11 DEe 18 20~
FFRGUSON ENTF.RPRISfS. INC.
FEI-FT. MYERS WATERWORKS #127
PrIce Quotaflon
Phone: 239-6434970
Fax: 239-643-49115
Page# 1
Bid No.......; El48856
Bid Dol......: 12/IBI06
QuotfIC/ By.: JA
CusI Pl>one: 2"".77....=
Terms..n....: NET 10TH PRQX
CUstomer: COlLl(R CO BD. OF COMM.
PO BOX 413016
NAPlES. fL 341 0 1
Ship To: COlliER CO BD. OF COMM.
PO BOX.ll13016
NAPLES. Fl .:)41 OJ
Coo POll...:
Job Name: TOWERRD
Item
AFCH&lBtAOlN
Oesertptlon
5-1/4 vO 88-llB HYD 3'6 BUINOl LJA
Quantity
3
N.t Price
IIRQ.COO
UM
~
Tot'"
327QOO
NelTolal:
Tax:
ToIal:
327000
0.00
3270.00
Quolad orIc;e,.ore tx::ued ~ recelRt d the total Qucnllty fexlmmedJata shIomenl (48 hours}., SHIPMENTS BEYOND 48 HOLIRS SHAll
BE AT THE PRICE IN EfFECT AT TIME OF SHIPMENT, Quototlor>> 01'& offered con~~ ~oo 1hE't ~er's Q~ptance of SeIIer'~ telTTlt
and conditions. Seller oblec.1a to 01 other terms 000 condltlons. Seller not ra bk3 for delays or laCk Om,uct due to ~U$O$
be ond our control. rehmer'. .ole warrantlos.I' arw. arc t oYlde e manuf . ISClAIMSAll EXP ESSEO
ORY'MPUED WARRANliE'S. INCLUDING ALL IMPLIED WARRAI~MERC~~)tlklTY AN8'1'~SS ~\Wr ESS FOR A PA""C tAR
PU~~E. IN ~ EVENl WILL SELlER BE LIABLE FOR A'" INCIDENTAL. PUNITIVE.SPECAL OR CONSEQUENTIAL DAMAGES AR'SING
DIR C Y OR IN IRECILYFROM THE OPERATl9N Oil USE OF THE PRODUCT. SELLER'S LABLITY.IF ANY, SHALL BE lIMijEDTO THE NET
SAL S RICE R EIVED BY SELLER. Complete erm~ and Condttlorn ore available up;>n requEl$f or can fie \o1ewed on the web at
www.terQUSon.com/sale.-terms.h1ml.
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12118/2006 1:08
se~da Item No. 16C2
March 24, 2009
pa:l 1 p,of 18
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PAGE DOl/DOl
fEI.NAPLES WATERWORKS 1136
3'63 PROSPEer Ave
NAPLES. fl 34104
o.IlY. To: AJrl'I'KO:NY
from: JO*r8k Adam.
Comm.m.; RIB II '1'Ra B:tD lU.I. 'l'HP. Ii'ZKI'
AU OJ! BID. l:r YOU RAW Dr ~ft:IOlf.s i'1o&AIIJ:
CALL Nil. 'l'HJUfQ
12:52:58 DEe 16~
fERGUSON ENTERPRISES. INC.
ffl.FT. MYERS WATERWORI<S#127
Pr1ce Quotallon
Phone : 239-643-4970
Far : 23Q-643-4Q.i15
Page" 1
Bid No.......: 848794
Bid Dat.....: 12/14106
Quoted By.: MH
Cusf PfIon.: 2:!Y1.7/4.fi302
T.rm.........: NElIOTH PIlOX
Customer: COLLIER CO BO. OF COMM.
PO BOX 413016
NAPlES. Fl 3410 I
CUst PO,...:
Ship To: COlLIER CO 8D. OF COMM.
POBO)(A130l6
NAPLES. FL34JOI
DACltptlon
8 C9000RI8Cll5ClPVCGJPIPE
B MJRWDIOLGATE VlVUA
a 4000 SER PVC STARGRlP REST LfA
8 MJ C 153 BOLT & GSKT PI{ II GLAND
THREE HYD ASSYMlJl Y
Job Name:
Quanllty Net "Ice UM To/al
2920 13.200 FT 38544.00
3 490.000 EA 1470.00
6 28.290 EA 169.74
6 6.(jQO EA 36.54
6' 9.52(J FT 571.20
3 79.070 EA 237.21
3 308.000 EA Q24.OD
12 18.970 EA 227.64
12 5.410 EA 64.\>2
3 23.690 EA 71.07
Net T olal: 42316.32
Tax: 0.00
Total: 42316.32
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AfC2508MM1A0l
SPVC4JOB
IMJ~GPX
DRI4PU
MJTlAX
AFC~MMLAOl
SPVC4006
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Il:l6IAW
6 C900 DRI4 Cl200 pye GJ PIPE
a MJCI53TEEl/A
6 MJRWDIOlGATEVlVLlA
6 4000 SER I'VC STARGRIP RESTt/A
6 MJ Cl53 BOlT & GSKT PI< II GlAND
2PC SLIP CI VlV ex 20-25 \NTR
Quoted Dtces are based l.I;)Qn rocelp-t ot "the t01a1 qoon1lfy (or InvnedlOle Ih$,t (46 houra:)ij SHJPMENTS BEYOND.::I8 HOURS SHALL
BE AT THE PRICE IN EFFECT AT TIME OF SHIPMEN1. QuOla11Oria ere oTferod contfrlOOl I,.JDCI1 the uyer's OCiance Of SoDa-'s tetmS
and conditions, seRer oblect.lo 011 other terms and condmons. Seller not re I"IIlble tor detaY$ or lock of OClJct due to COU$e$
be r controL cho:ter't .ole \,roI(Jrrantlel.lf a are ovlded mam.tocturer, l R 5Ct.AIMS ALL EXPRESSED
OR~~'1l WARRANM. INCLUDING ALLIMPUED w:lrRRANT~ffdERCIIAWrJt1lillTY AND FITNESS ~'nI FOR A PAR1K:;ULAR
PURPOSE. IN NO EVENT WIll SEllER BE lIABL~ FOR~ INCID~NTAL. PUNlTiV~ SPECIAL OR CONSEQUENllAltmMAGES ARlSING
DIRECTL V OJ> INDIRECTl YFOOM THE OPERATII N OR US OF TH PRODUCT. S LER'S llABllTY. If ANY. SHALL B LIMITED TO THE Nfl
SALES PRICE RECBVED BY SELLER. Complete errm Cond Ions oreovo bleuponrequeslorconbe ewedonlhewebal
.WWw.fe~Ol..l.com/sales-temll.htmr.
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Agenda Item No. 16C2
March l' g09,
Page 1Rr; ....,
1" .F
'. '
ARTESIA - TOWER ROAD WATER MAIN REPLACEMENT
COST ESTIMATE
LABOR
ITEIA DESCRIPTION nUANTlTY UNIT lINIT PRICE ElCfFOlDED TOTAL
1 8" pve WATER MAIN 2910 LF $60.00 $174,600.00
2 8" GATE VALVE 3 EA $1,300.00 $3,goo.00
3 FIRE HYDRANT ASSEMBLY 3 EA $2.800.00 $8,400.00
4 CONNECT TO EXIST. SERVICES 7 EA $1,15000 58.050.00
5 FLOWABLE FILL 25 CY $240.00 $6.000.00
TOTAL $200,950.00
NOTES:
1. USE THE EXiSTING TAP AT CR-951.
2. COIlNTY TO PAY FOR WATER FOR FlUSHING.
3. LEAVE EXIST. WM IN PLACE ANO Fill WITH FLOWABlE FILL
4. COLLIER COUNTY WATER DEPARTMENT TO PROVIDE MATERIAL FOR ITEMS 1-3.
5 UNIT PRICES BASED ON THE WATER MAIN BEING A STFWGHT LINE AND NO CONFLICTS. PLANS ARE NOT COMPLETED.
C:\DocumantB and Setting5\anthonydimcg~O\Local Settirlga\TtmlpOr&ry Inlemet FiluIOLK33\Tower ROE! Waler Main Estim"te
1211812t108
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Agenda Item No. 16C2
.Mar:mry:'@, 2009
Pa~agll2 bbn Ii!
EXECUTIVE SUMMARY
Recommendation to execnte agreement witb WCI Communities, Incorporated for cost
sbaring for tbe replacement of tbe 6" watermain on Tower Road for a fiscal impact of a not
to exceed amount of $11 0,600.
OBJECTIVE: To obtain Board of County Commissioners approval of an agreement with WCI
Communities Incorporated for the replacement of a 6" watermain along Tower Road.
CONSIDERATIONS: In the early 1980's, a 6" asbestos-cement watermain was installed along
Tower Road that now services several homes and businesses along this roadway. In early 2006,
WCI Communities began construction of a storm drainage system along Tower Road as part ofa
new development it is constructing in this area. Due to conflicts with the installation of a storm
drainage system and the age and material ofthe watermain it has been determined the watermain
should be replaced. This portjon of the distribution system was scheduled for replacement in six
years as part of the Water District's Twenty Year Master Plan, due to its age and material.
WCI Communities has agreed to manage the project and pay 50% of all costs associated with the
replacement of this watermain. By accelerating the replacement schedule, funding will be
provided from WCI Communities that will not be available in the future. Due to having a
contractor already mobilized on the site, the Water District will not incur the expenses associated
with bidding, mobilizing, and demobilizing that would be inculTed by the project if it was done
at a later date. The new watermain will be upsized to 8" to provide a sufficient level of service to
those connected to this pipeline. WCI Communities will be responsible for payment to the
contractor, with the Water District paying WCI Communities back based on receipt of paid
invoices and proof of payments.
FISCAL IMP ACT: Funding is available in and is consistent with the FY 07 capital budget
approved by the Board of County Commissioners. CUlTent appropriations are identified in Fund
4 I 2 User Fees, in Project 71 0501 - Primary Transmission System Rehabilitation. The source of
funding will be user fees.
GROWTH MANAGEMENT IMPACT: There IS no growth management impact to the
acceptance of this agreement.
RECOMMENDA TIONS: That the Board of County Commissioners, as Ex-officio Governing
Board of the Collier County Water-Sewer District, approve an agreement with WCI
Communities, Incorporated for sharing the cost of the replacement of the existing 6" asbestos-
cement watermain with an 8"pvc watermain along Tower Road and authorize the chairman to
execute the Agreement.
PREPARED BY: Pamela Libby - Water Operations Manager
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
Agenda It(;'11 r'1o Hie?
January 'Af~nda Item ~~o. 16C2
P"9' ""of 7 1',1arch 24, 2009
Page 13 of 18
BOARD OF COUNTY COMMISSIONERS
1fC7
Re:orTH'!'lGnd ,ilon:o e~ecutlvf, agreerTe'lt with 'iV'':.; C0mn;unl'.I~~ illCor;:;~r]!ed fa c,';t
sh:mng for tile ,cepliWerflf'fll of the 6 wCitermaln on Tower Poad fo~ OJ fisca: IrliPdC! d a not to
exceed ,:;~OLJnl of ~1" "2':10
1/9i2W'(900DONIIl
W"lerC'p"rJtions Manager
Date
Prepared BJ'
Pal11<olaLibby
Public U\il'tl"~
W~l~r
12'ln:~006 1CUUO(IAM
Operation~ Direclor
Date
Approved ny
Thoma!; \'i;d~s
Public Utilities
Public Utilllie~ Op~r<ltions
12118120062:29 PM
WaterOp.,ralion!;Manager
Date
Appron-d By
Pamcb L;I,by
Pu~hc Utilities
\!later
12119/20067:50AM
.~Ilpm\'ed By
Water Director
Dale
Palll ~~,lHau"ch
PUblicutol,jie5
Water
12/19/20067:57 AM
PLlblic U!llities Adm![1istrator
DMe
Approved By
JamesW_De'-ony
Public Uti"tl('$
Public Utilities Administration
12.l19120062A9PM
OMBCoordinator
AdministrJtiveAs"ISlant
D.,le
Approved By
County MJn~q"r'5 Office
Office of ~~a"ag",men! & Budget
12l201200611.33AM
Approved By
Su~ar. Ush",r
Cou",'',' Man~ i"r's Office
Senior ManagementlEludgdAnatyst
Date
Oflice of Management &B"dget
12!27/200612:49PM
Deputy County Manager
DM,.,
AppruVl'd Ity
Le;) E. Och~, Jr.
Board of C"unty
Commissioners
CUll"!Y Man;'1_J'::r's Otlice
12/2812006104=AM
COST-SHARING AGREEMENT
Agenda Item No. 16C2
MBrnIr)i2l!1, 200~
Pa~egl3l:btn !l
THIS COST-SHARING AGREEMENT (this "Agreement") is made and entered into this _ day
of , 2007 by and among (i) BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA ("Collier County"), and (ii) WCI COMMUNITIES, lNe., a Delaware corporation
whose mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134 ("WCf').
WITNESSETH:
A. WCI is the owner of that certain parcel of real property located in Collier County, Florida,
known as Lands End Preserve and being more particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference (the "WCI Parcel").
B. WCI intends to develop the WCI Parcel as a residential community to be commonly known
and designated as "Artesia Naples" and containing, together with certain common amenities, approximately
725 condominium and single family dwelling units.
C. Collier County adopted Ordinance number 03-04, known as the "Lands End Preserve
Planned Unit Development Ordinance" (the "POD Ordinance"). The POD Ordinance, among multiple
developer rights and obligations, placed an obligation on the developer of the WCI Parcel to reconstruct
Tower Road and Barefoot Williams Road from S.R. 951 to the northern boundary of the WCI Parcel.
D. Collier County and WCI have determined for the benefit of both parties that the water main
along Tower Road from S.R. 951 to Barefoot Williams Road should be replaced with a new 8 inch PVC
water main and the existing 6 inch water main should be filled ("Improvements").
E. Collier County and WCI acknowledge and agree, due to the construction of the
Improvements and other factors which were not initially considered, the reconstruction of Tower Road and
Barefoot Williams Road will take longer than the time period originally contemplated in the POD
Ordinance.
F. The reasonable costs to perform the Improvements are referred to herein collectively as the
"Costs," an estimate of such Costs being attached hereto as Exhibit "B" and incorporated herein by this
reference.
G. The parties hereto desire to share the payment of the Costs, all on the terms set forth
herein and further desire to enter into this Agreement for the purpose of documenting and memorializing
their agreements pertaining to the sharing and payment of the Costs.
H. Due to the fact that no actual design or technical specifications exist at present for the
Improvements, the parties hereby agree to use good faith efforts to reach a "Post Closing Agreement"
with respect to the actual design and specification of the Improvements. The parties further agree that a
sharing of costs for the installation of these features will also be incorporated into said "Post Closing
Agreement".
NOW, THEREFORE, in consideration of the sum of Ten and No/l00 U.S. Dollars ($10.00) and
other good and valuable considerations, the receipt of which is hereby acknowledged, the parties hereto
hereby expressly agree for themselves and their respective successors and assigns, as follows:
Agenda Item No. 16C2
.MBrnIr~ll, 2001!
Pa~8gEfi4:lbn ~
1. WC! shaH have sole power, authority and responsibility to oversee the construction of the
Improvements aH in accordance with the terms and conditions set forth herein.
2. Subject to the County first acquiring final acceptance title to the respective facilities, Collier
County hereby expressly agrees to maintain the Improvements in "Good Condition," as such term is
hereinafter defined. As used herein, the phrase "Good Condition," with reference to the Improvements,
shall mean and refer to the repair, replacement or restoration of any damaged or then missing portions of
the Improvements.
3. The parties hereto, for themselves and their respective successors and assigns, hereby
expressly agree to each pay and be responsible for fifty percent (50%) of the Costs incurred to construct the
Improvements, subject to the credit to be given to Collier County as stated in Paragraph 4 below. The
parties expressly acknowledge, understand and agree that the amounts set forth on Exhibit "B" are estimates
only. WCI agrees to pay aH construction Costs up front and to periodically submit written notices to CoHier
County to obtain reimbursement of its respective pro-rata portion of the Costs. The notices shall in each
instance be accompanied by (a) true, complete, accurate and legible copies of documentation confirming
such Costs and (b) satisfactory evidence that such Costs have been paid by WC!. Such amounts shall be
due and payable within forty-five (45) days following written demand therefor. Commencing on the forty-
sixth (46th) day following such written notice, the outstanding amount shaH accrue interest at the maximum
rate permitted by Florida law until such amount and aH accrued interest thereon has been paid in full to
WC!.
4. CoHier County shaH be responsible for supplying the materials necessary to construct the
Improvements, including, but not limited to, approximately 2910 linear feet of 8" PVC water main, gate
valves and fire hydrant assemblies, Collier County shall be entitled to a credit against its share of the Costs
equal to the actual amount it pays for the materials. Collier County agrees to submit true, complete,
accurate and legible copies of documentation confirming the costs of the materials.
5. If legal and/or administrative proceedings are required to enforce any provision(s) contained
herein against any party hereto or their respective successors and/or assigns, as the case may be, the
prevailing party shall not be entitled to recover attorneys' fees and/or costs, including costs and/or
attorneys' fees incurred in connection with appellate proceedings.
6, This Agreement shall be subject to easements, restrictions, covenants, conditions, limitations
and reservations of record, if any. At no additional cost to WCI, Collier County agrees to grant any
reasonable easements necessary for WCI to construct the Improvements.
7. This Agreement, including all exhibits attached hereto, shaH constitute the sole and entire
agreement between the parties hereto and the consummation of aH discussions to date. No modifications of
this Agreement shall be binding unless in writing and signed by all parties to this Agreement. No
representation, promise, or inducement not included in this Agreement shall be binding upon any party
hereto. Any waiver must be in writing and shall not operate or be construed as a waiver of any other
provision or subsequent breach hereof.
8. Except as otherwise provided for herein, and except for claims, actions, demands and
liability to third parties not a party to this Agreement resulting from the negligence of each party for which
each such party is solely responsible, each of the parties hereto shall defend, indemnify and hold the other
parties hereto harmless from all claims, actions. demands and liability to third parties not a party to this
2
C\Documents and Settings\palmect\Local Scuings\Temporary Internet Files\OLK12\Artesia~County cost sharing agreement. 12 14 06.doc
Agenda Item No. 16CZ
.MBmlr)i2ll, 200\~
P~BgIl35lM 13
Agreement based upon the condition or maintenance of the Improvements. The payment of any such claim,
if awarded, shall be shared equally by the parties hereto.
9. The invalidity or unenforceability of any provision of this Agreement shall not affect the
remaining provisions of this Agreement.
10. Whenever any notice, demand, consent, delivery or request is required or permitted
hereunder, it shall be in writing and shall be deemed to have been properly given or served when delivered
in fact to the other proper party or seven (7) days after such notice is deposited in the United States mail,
with adequate postage prepaid and sent by registered or certified mail with return receipt requested, to the
addresses set forth on the first page hereof or at such other addresses as are specified by written notice so
given in accordance herewith. Notice shall also be deemed properly given if given by facsimile transmittal
with confirmation of receipt.
I I. This Agreement shaIl be governed by, and construed in accordance with, the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Cost-Sharing Agreement on the
day and year first above written.
WITNESSES: (Two Required)
WCI COMMUNITIES, INC., a Delaware
corporation
Signature of First Witness
By:
Title:
Type/print name of First Witness
(CORPORATE SEAL)
Signature of Second Witness
Type/print name of Second Witness
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA
By:
Frank Halas, Chairman
Approved as to form and legal sufficiency:
-1o~ ~~
Thomas Palmer,
Assistant County Attorney
3
C:\Documents and Settings\palrnect\Local Setlings.\Temporary Internet Files\OLK12\Artesia-County cost sharing agreement. ]2 14 06.doc
Agenda Item No. 16C2
JI1lBmIr",l!I, 2009
p~8~fubn2
EXHIBIT A
The subject property being 262.9 acres, is described as:
The North '/2 of the South '/2 of Section 4, Township 51 South, Range 26 East,
Collier County, Florida lying Westerly of the centerline of Barefoot Williams
Road.
Together with:
The South '/2 of the South '/2 of Section 4, Township 51 South, Range 26
East, Collier County, Florida lying Westerly of the Westerly Right of Way Line
of Barefoot Williams Road.
Together with:
The Southeast 1/4 of the Southeast '/4 of Section 5, Township 51 South,
Range 26 East, Collier County, Florida.
Together with:
The South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 5, Township
51 South, Range 26 East, Collier County, Florida.
The project site is located in Sections 4 and 5, Township 51 South, Range 26
East, Collier County, Florida. The site is generally bordered on the west by
Lely Lakes Golf Resort PUD; on the north by LESNAP, an unrecorded
subdivision; on the east by the Eagle Creek PUD, a developed residential/golf
course community that is zoned PUD; and on the south by undeveloped
agriculture and conservation zoned property.
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