CITY COUNCIL AGENDA ITEM
Memo Date: March 18, 2024
Agenda Date: March 26, 2024
Prepared By: John A. Walsh, P.E., Utilities Director
Through: Department Director
Requested Action:
title
Approve Task Order 2024-02 with HDR, Inc. for the Taylor Creek Reservoir/St. Johns River Water Supply Permitting, Project No. TCR001 in the amount of $177,844, of which the City of Cocoa will fund its pro-rata share of $10,670.64 pursuant to the Taylor Creek Reservoir/St. Johns River (TCR/SJR) Water Supply Agreements with Orange County, Toho Water Authority, Orlando Utilities Commission and East Central Florida Services, Inc. (Water Suppliers). Approve a Resolution Amending the FY2024 Budget, BAF#24-071-IFT, to Receive Funding from the Water Suppliers and provided the 6% of City of Cocoa’s Portion and Allow for the City Manager to Finalize the Accounting of this project through the BAF. Approve an Amendment to the Consultant Agreement accepting HDR’s revised Rate Schedule. End
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BACKGROUND:
At the October 10, 2018 Council meeting, HDR, Inc. was selected as the consultant for the Taylor Creek Reservoir Permitting portion of the project under RFQ-18-18-COC.
At the February 27, 2019 Council meeting, Council approved Task Order 2019-01 with HDR, Inc. for the Taylor Creek Reservoir/St. Johns River Water Supply Permitting, Project No. TCR001 in the amount of $3,334,652, of which the City of Cocoa will fund its pro-rata share of $200,079.12 pursuant to the Taylor Creek Reservoir/St. Johns River (TCR/SJR) Water Supply Agreements with Orange County, Toho Water Authority, Orlando Utilities Commission and East Central Florida Services, Inc.
The TCR/SJR Water Supply project is a future water supply project that involves the cooperation and collaboration of Orange County, Toho Water Authority, Orlando Utilities Commission and East Central Florida Services through a multi-party agreement previously signed by all agencies. The first phase of this project is to prepare the permits and the necessary engineering for the long-term water supply needs of the group. The consultant selected, HDR, Inc., will prepare the necessary projections, protocols and other preliminary engineering required to obtain permits for the project.
Although a previous Task Order 2019-01 was approved on February 27, 2019, the City of Cocoa did not issue a notice to proceed or create a purchase order for HDR. A delay occurred due to funding issues and responsibilities for the existing Taylor Creek Reservoir improvements, repairs, and flowage easement areas necessary for the project to move forward. In addition, due to the time delay, the original fee schedule is out of date as well as the previously approved scope. Therefore, Task Order 2019-01 will not be issued.
The Joint Water Suppliers have agreed in order to expedite the completion of a joint funding agreement between the Water Suppliers and SJRWMD, a limited task order for the technical review of the SJRWMD 60% levy Improvements and consultant coordination are critical path items that need immediate approval. The larger scope will come back to Council for approval at a later date with updated scope and fees.
Cocoa is the Project Administrator and per the Permitting Agreement, Cocoa will be the contracting agent on behalf of all the Water Suppliers. All Water Suppliers will proportionately share the costs for the engineering services as outlined in the approved agreements and restated in the table below.
The Water Suppliers have jointly reviewed the scope of services, fee and fee schedule for the HDR work and recommend approval for the Task Order. Each Supplier will fund their respective pro rata share as further outlined in the table below for the proposed Task Order. Cocoa will invoice each supplier for their total cost share upfront to fund the task and place the funding in a separate fund until actual expenses are invoiced from HDR and those expenses are approved by the joint Suppliers.
|
Party |
Percent |
|
Pro Rata Share |
|
Cocoa |
6% |
|
$10,670.64 |
|
OCU |
45% |
|
$80,029.80 |
|
OUC |
15% |
|
$26,676.60 |
|
TWA |
4% |
|
$7,113.76 |
|
ECFS |
30% |
|
$53,353.20 |
|
Total |
100% |
|
$177,844.00 |
An amendment to the original agreement will be necessary to accept HDR’s 2024 rate schedule in place of the original 2019 consultant rates. Staff Recommends approval of Task Order 2024-02 and the first amendment to the consultant agreement.
STRATEGIC PLAN CONNECTION:
N/A
BUDGETARY IMPACT:
Budgeted Yes, partially
If not budgeted, is amendment/transfer attached? Yes
City of Cocoa Share 6%:
Source of Funds
Amount Requested ($10,670.64)
Account Number 421-4010-536.31-00 WS0919
Account Name Professional Services
Other Entities:
Orange County (OCU), Orlando Utilities Commission (OUC),
Tohopekaliga Water Authority (TWA) and East Central Florida Services Inc. (ECFS)
OCU 45% ($80,029.80)
OUC 15% ($26,676.60)
TWA 4% ($7,113.76)
ECFS 30% ($53,353.20)
$167,173.36
Purchase Order Amount: $177,844
Allow for the City Manager to Finalize BAF #24-071, once the Finance Director works out the correct financial accounting for this project.
PREVIOUS ACTION:
On August 22, 2017, City Council approved participation in the Taylor Creek Reservoir/St. John River Water Supply Project and a series of agreements between the City of Cocoa, Orange County, Orlando Utilities Commission, East Central Florida Services and Toho Water Authority.
On October 10, 2018, City Council approved the final ranking and delegated to the City Attorney and Staff to negotiate the scope, fees and contract terms under RFQ-18-18-COC.
On February 27, 2019, Council approved Task Order 2019-01 with HDR, Inc. for the Taylor Creek Reservoir/St. Johns River Water Supply Permitting, Project No. TCR001 in the amount of $3,334,652, of which the City of Cocoa will fund its pro-rata share of $200,079.12 pursuant to the Taylor Creek Reservoir/St. Johns River (TCR/SJR) Water Supply Agreements with Orange County, Toho Water Authority, Orlando Utilities Commission and East Central Florida Services, Inc.
RECOMMENDED MOTION:
Recommendation
Approve Task Order 2024-02 with HDR, Inc. for the Taylor Creek Reservoir/St. Johns River Water Supply Permitting, Project No. TCR001 in the amount of $177,844, of which the City of Cocoa will fund its pro-rata share of $10,670.64 pursuant to the Taylor Creek Reservoir/St. Johns River (TCR/SJR) Water Supply Agreements with Orange County, Toho Water Authority, Orlando Utilities Commission and East Central Florida Services, Inc. (Water Suppliers). Approve a Resolution Amending the FY2024 Budget, BAF#24-071-IFT, to Receive Funding from the Water Suppliers and provided the 6% of City of Cocoa’s Portion and Allow for the City Manager to Finalize the Accounting of this project through the BAF. Approve an Amendment to the Consultant Agreement accepting HDR’s revised Rate Schedule.