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  County Administrator's Report     10. 21.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 09/21/2017  
Issue:    Innerarity Island Development Corporation Water System - Interlocal Agreement Amendment, Change Order, and Grant Amendment
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Innerarity Island Development Corporation Water System - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action:

A.  Approve and authorize the Chairman to sign the First Amendment to the Interlocal Agreement Between Escambia County, Florida, and Emerald Coast Utilities Authority (ECUA) Relating to a Potable Water System Improvement Project on Innerarity Island;

B.  Approve and authorize the County Administrator to execute the following Change Order to Emerald Coast Utilities Authority; and
 
 
Department: Public Works
Division: Transportation and Traffic
Type: Addition
Amount: $230,000
Vendor: Emerald Coast Utilities Authority
Project Name: IIDC Water System
Contract: N/A
PO#: 171024
CO#: 1
Original Contract Award: $580,000.00
Cumulative Amount of Change Orders Through this CO: $230,000.00
New Contract Amount: $810,000.00

C.  Approve and Authorize the Chairman to sign the Florida Department of Environmental Protection (FDEP) Agreement Number S0878, Escambia County, Amendment Number 2, which includes the following changes:

1. Task 1 Design and Permitting is being changed from $45,000 to $223,800, which is based on actual expenses and Change Order for   water system and inclusion of sewer design;

2. Task 2  Construction is being changed from $758,000 to $844,495, which is based on the completed design, Change Order and owner-directed purchase, and remaining additional funds from $500,000 award to be used for water and sewer construction;

3. Task 3  Administration, Operation, and Repair of Water and Wastewater System is being changed from $180,000 to $166,000, which is based on historical charges by the City of Gulf Breeze and with the understanding that the City of Gulf Breeze will operate and maintain the system through January 2019;

4. Task 4  Construction Engineering Inspection (CEI) Services is being changed from $17,000 to $108,520 for actual expenses, Change Order, and future sewer construction engineering inspections; and

5. Task 5  Equipment Purchase was added in the amount of $157,185 for the purchase of sewer-related items.

[Funding Source:  Fund 352, LOST III - IIDC Water and Sewer Project, Cost Center 110211, Object Code 56301, Project #16PF3502. This cost center will be increased from $1,000,000 to $1,500,000 through a Supplemental Budget Amendment at the September 21, 2017, BCC meeting]
BACKGROUND:
On March 21, 2014, a Court Order required the County to become the receiver of Innerarity Island Development Corporation (IIDC), an abandoned wastewater and water utility facility on Innerarity Island.  

Meeting in regular session on June 2, 2016, the Board approved the Interlocal Agreement between Escambia County, Florida, and Emerald Coast Utilities Authority (ECUA) relating to a Potable Water System Improvement Project on Innerarity Island. Since then, Escambia County has been working with ECUA to incorporate Innerarity Island into ECUA's water service area once certain repairs and upgrades are made. ECUA has agreed to oversee and manage the upgrades to the water utility system on Innerarity Island at no cost to ECUA or its ratepayers, and thereafter accept Innerarity Island within its water service area, and accept ownership of the water utility system on Innerarity Island. The initial Interlocal Agreement stated the cost would not exceed $600,000. The amendment recommends increasing this amount to $810,000. See amount details below. Staff from Escambia County and ECUA have met to discuss and agree on the proposed change.

At their regularly-scheduled meeting on January 5, 2017, the Board approved issuance of a Purchase Order to ECUA, in an amount not to exceed $580,000, for the Innerarity Island Water System Improvement Project on Innerarity Island. A bid opening was held on November 29, 2016, at 2:00 p.m. for the Innerarity Island Water System Project, ECUA #CS612, Bid No. CC2017 02. Southern Utility Company, Inc., at $445,819.52 the low bid, will be awarded the contract at the next ECUA Board meeting. Since the Interlocal Agreement is with ECUA, a Purchase Order has been issued to ECUA for the construction cost and requested contingencies, and monthly invoices will be sent to the Public Works Department for payment. ECUA approached County staff with a Change Order related to Design, Construction Engineering Inspection (CEI), Construction Issues, and owner-directed purchase items that were not originally included in the construction bid package. With notification from ECUA that there is a realistic possibility of additional construction, a contingency was included as well.  See amount details below.

Initial Interlocal Agreement allotted amount = $600,000
Initial PO Amount = $580,000
Initial Design Study Cost = $45,000
Added Design Cost = $37,800.00
Initial Construction Engineering Inspection (CEI) = $12,000
Added Construction Engineering Inspection (CEI) = $16,520
Initial Construction Cost = $445,819.52
Added cost for meters and yoke boxes = $72,191.44 (ECUA removed the meters and yoke boxes from the construction bid and they were to be an owner-directed purchase. County staff was unaware of this effort by ECUA. These items were part of the Scope of Work in the Interlocal Agreement.)
Amount of ECUA Change Order Related to Construction = $104,183.45

New Total for Design/Construction with Change Order and Contingency ($76,485.59) = $810,000

Total Amount over the Purchase Order = $230,000
New Total for the Purchase Order = $810,000

Total Amount over the Interlocal Agreement = $210,000
New Total for the Interlocal Agreement = $810,000

Meeting in regular session on February 18, 2016, the Board of County Commissioners entered into an Agreement with the Florida Department of Environmental Protection (DEP), accepting $1 million dollars in grant funds provided by the State Legislature.

Amendment Number 1 to this Agreement included the following changes:
Task 1 Design and Permitting changed from $78,000 to $45,000, which was based on actual expenses.
Task 2 Construction changed from $864,000 to $758,000, which was based on the completed design.
Task 3 Administration, Operation, and Repair of Water and Wastewater System was changed from $40,200 to $180,000, which was based on historical charges by the City of Gulf Breeze and with the understanding that the City of Gulf Breeze would operate and maintain the system through June 2017.
None of the task descriptions changed and the total amount of the Grant remained unchanged at $1,000,000.

Amendment Number 2 includes the following changes:
Task 1 Design and Permitting is being changed from $45,000 to $223,800, which is based on actual expenses and Change Order for water system and inclusion of sewer design.
Task 2 Construction is being changed from $758,000 to 844,495 which is based on the completed design, Change Order and owner-directed purchase, and remaining additional funds from $500,000 award, to be used for water and sewer construction.
Task 3 Administration, Operation, and Repair of Water and Wastewater System is being changed from $180,000 to $166,000, which is based on historical charges by the City of Gulf Breeze and with the understanding that the City of Gulf Breeze will operate and maintain the system through January 2019.
Task 4 Construction Engineering Inspection (CEI) Services is being changed from $17,000 to $108,520 for actual expenses, Change Order, and future sewer construction engineering inspections.
Task 5 Equipment Purchase was added in the amount of $157,185 for the purchase of sewer-related items.
The total amount of the Grant changed as a result of the Legislature awarding the County an additional $500,000 to be added to this grant. The above task modifications include the additional $500,000 which will cover the Change Order and the Sewer Design and CEI. The new grant amount is $1,500,000.

A separate Board Recommendation for this September 21, 2017, meeting from the Office of Management and Budget is for a Supplemental Budget Amendment recognizing the additional $500,000.
BUDGETARY IMPACT:
Funds for this project are available in Fund 352, LOST III -- IIDC Water and Sewer Project, Cost Center 110211, Object Code 56301, Project #16PF3502. This cost center will be increased from $1,000,000 to $1,500,000 through a Supplemental Budget Amendment at the September 21, 2017, BCC meeting.
LEGAL CONSIDERATIONS/SIGN-OFF:
First Amendment to the Interlocal Agreement Between Escambia County, Florida, and Emerald Coast Utilities Authorize Relating to a Potable Water System Improvement Project on Innerarity Island was approved by Stephen West, Senior Assistant County Attorney. The DEP Agreement Number S0878 Amendment Number 2 was approved by Kristin Hual, Assistant County Attorney.
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
This recommendation is in compliance with the provisions of the Code of Ordinances of Escambia County, Florida, Chapter 46, Finance, Article II, Purchasing and Contracts.
IMPLEMENTATION/COORDINATION:
The Chairman will need to sign two original copies of the First Amendment. Public Works Department Transportation and Traffic Operations staff will coordinate with Emerald Coast Utilities Authority staff. Upon execution of amendment, a Change Order will be transmitted to the Office of Purchasing for processing.

Attachments
IIDC 1st Amendment
Original PO with Board Action 01/05/2017
Board Action ECUA 06/02/2016
Change Order Backup
S0878 Amendment 2
S0878 Orig Agrmnt and BCC Mins
S0878 Amendment 1 and BCC Mins

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