HomeMy WebLinkAboutRegular Minutes - 1/3/2023 Reviewed for Redaction
MINUTES
CLAY COUNTY UTILITY AUTHORITY
January 3, 2023
The Board of Supervisors of the Clay County Utility Authority (CCUA) met in Regular Session in the Board
meeting room at the Administrative Office of the Clay County Utility Authority, 3176 Old Jennings Road,
Middleburg, Florida, on the above-stated date.
Item No. 1 —Call to Order
Chairman Davis called the meeting to order at 2:00 P.M.
Item No. 2—Invocation/Pledge of Allegiance
Mr. Gardella offered the Invocation and led those in attendance in the Pledge of Allegiance.
Item No. 3 —Roll Call
Roll Call was taken with Chairman Davis, Vice-Chairman Roark, Mr. Gardella, Mr. Hodges, Mr. McNees, and Mr.
Stamieri in attendance.
Also present at the meeting were Executive Director Jeremy Johnston, Chief Operations Officer Darryl Muse, Chief
Financial Officer Jeff Wesselman, Chief Engineer Paul Steinbrecher, Procurement Manager Angelia Wilson,
Construction & Inspection Services Manager Warrick Sams, Senior Service Availability Engineer Darrell Damrow,
Environmental Compliance Manager Heather Webber, Pre-Treatment Coordinator Nick Smith, Public &
Governmental Affairs Liaison Dennis Ragosta, Contract & Procurement Specialist Darrin Parker, Administrative
Assistant Operations Alicia Baker, and Grady H. Williams, Jr., legal counsel to the CCUA.
Item No. 4—Approval of Minutes
a. Board of Supervisors Workshop Session, December 20, 2022
b. Board of Supervisors Regular Meeting, December 20, 2022
After discussion, Mr. McNees moved, seconded by Mr. Hodges, and carried 6-0, to approve the minutes of
the Workshop Session and Regular Meeting held on December 20, 2022.
Item No. 5 —Approval of Consent Agenda
After discussion, Mr. McNees moved, seconded by Mr. Gardella, and carried 6-0, to approve the Consent Agenda
items, as follows;
a. Approval of Financial and Operational Activities
1) Approval of Payment of Warrants
Warrants totaling $1,915,929.30
a. Schedule of payments to Sole Sources
b. Schedule of Emergency Repairs/Purchases -None
c. Schedule of items initiated under Emergency Contract-None
d. Schedule of payments from the Emergency Account -None
e. Schedule of claims paid under the Sewage Backup Response Policy -None
f. Detailed Descriptive Warrant Report
2) Request for Asset Disposal Authorization—None
3) Sole Source Designation—None
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b. Approval of Capital Budget Activities
1) Requests for Award of Procurement Contracts and/or Ratification of
Procurement/Construction Contracts or Contract Renewals—None
2) Approval of Supplemental Agreements and Change Orders -None
c. Approval of Financing Requests -None
d. Approval of Contract Usage
1) Sourcewell Contracts 2023 091521-NAF and 060920-NAF
e. Approval of Developer Agreements, Warranty Deeds & Easements
1) Developer Agreement CU22/23-3 — The Way Free Medical Clinic (The Way Free Medical
Clinic, Inc.)— 1 ERC wastewater, 1 ERC environmental impact, 1 ERC debt service - $5,325.83
2) Developer Agreement KU21/22-101 — Wastewater Service to 2576 Windwood Lane —
Doctors Lake Septic to Sewer Project (Bonnie Brantley) — 1 ERC wastewater, 1 ERC
environmental impact, 1 ERC debt service - $3,777.00
3) Developer Agreement KU22/23-13 —Water Service to 1014& 998 Floyd Street (Lighthouse
Development Corp.) — 2 ERC's water, 2 ERC's AWS, 2 ERC's SJRWMD, 2 ERC's debt
service - $12,204.21
4) Developer Agreement KU22/23-14 — Wastewater Service to 1014 Floyd Street (Lighthouse
Development Corp.) — 1 ERC wastewater, 1 ERC environmental impact, 1 ERC debt service
- $8,565.94
5) Developer Agreement KU22/23-15 — Wastewater Service to 3427 Inlet Lane—Doctors Lake
Septic to Sewer Project (Joy and Gary Owenby) -1 ERC wastewater, 1 ERC environmental
impact, 1 ERC debt service - $3,777.00
6) Developer Agreement KU22/23-16 — Water and Wastewater Service to 3255 Bliss Road
(Margaret Wilkinson and Brian Garmon)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1
ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $17,387.19
7) Developer Agreement KU22/23-17 — Individual Metering of 477 Lombard Street (IAR
Property, LLC) - $6,096.74
8) Developer Agreement KU22/23-18 — Individual Metering of 475 Lombard Street (475
Lombard St., LLC)- $6,096.74
9) Developer Agreement KU22/23-21 — Jacksonville Marine Center — 1521 Wells Road
(Corsair Powersports of Jacksonville, Inc.) - 4.5 ERC's water, 2 ERC's wastewater, 4.5
ERC's AWS, 4.5 ERC's SJRWMD, 2 ERC's environmental impact, 2 ERC's debt service -
$23,352.31
10) Grant of Easement— Sugar Leaf Farms — Grantor - Richmond American Homes of Florida,
LP
Item No. 6—Customer Account Adjustments -None
Item No. 7—Business discussed at Committee Meetings -None
Item No. 8—Executive Director's Business
a. November 2022 Financial Package
Chief Financial Officer Jeff Wesselman presented the Financial Statements for November and reported
operating income is $221,300 over budget due to an unfavorable revenue and favorable expense variance.
Operating revenue is $340,510 under budget and operating expenses are $561,810 under budget. CCUA has
gained 107 active water accounts and 108 active sewer accounts during fiscal year 2022/2023. After
discussion, Mr. Starnieri moved, seconded by Vice-Chairman Roark, and carried 6-0, to accept the Financial
Statements for November 2022, as presented by Mr. Wesselman.
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b. Proposed Rejection of Submissions for Request for Proposals No. 2022/2023-A04 for the CCUA Boardroom
Audio Visual Systems Upgrade
Mr. Wesselman presented a proposed Rejection of Submissions for Request for Proposals No. 2022/2023-
A04 for the CCUA Boardroom Audio Visual Systems Upgrade. On October 9,2022, CCUA received two(2)
responses to the RFP, as follows; Miller Electric Company in the amount of$97,560.30 and AVI-SPL, Inc in
the amount of $99,743.05. Information Technology has $24,351.04 remaining in their Department Capital
budget. Staff requested rejection of the submitted responses based upon the bids exceeding the amount
budgeted for the project. After discussion, Mr. Hodges moved, seconded by Mr. McNees, and carried 6-0,to
reject the proposals received for No. 2022/2023-A04 and approve the associated RFP Opening documents.
c. Proposed Change Order No. 11 to the BCR Environmental Corporation Contract to provide upgrades to the
Biosolids Treatment System
Mr. Johnston presented proposed Change Order No. 11 to the BCR Environmental Corporation Contract to
provide upgrades to the Biosolids Treatment System. BCR is responsible under agreement to haul and
dispose of all biosolids generated by CCUA's wastewater treatment plants that do not meet Class A
standards to a properly permitted site. Staff & BCR negotiated contractual modifications to address both
needs to prevent the unexpected inability to land apply Class B biosolids and the resulting disposal costs. The
contract modifications include: BCR tracks phosphorus loading at each application site and reports
percentage of site full to CCUA semiannually; BCR notifies CCUA when Class B application sites identified
in the Nutrient Management Plan are sold or inactivated and identifies the remaining available sites; BCR
establishes an agreement with new or other currently operating Class B sites to received CCUA Class B
biosolids should a BCR- permitted land application site fill up or unexpectedly be deemed inactive. CCUA
will be required to pay the cost to haul and dispose of biosolids that do not meet Class A standards plus 15%
at a non-BCR permitted land or BCR permitted partnered facility. Staff determined the fee is fair,
competitive, and reasonable. Staff budgets for disposal of biosolids in the Wastewater Department Operating
Budget. Staff consider the 15% additive fee consistent with other CCUA contracts. After discussion, Mr.
Gardella moved, seconded by Mr. Starnieri, and carried 6-0,to approve Change Order No. 11 to the contract as
presented.
d. Proposed Change Order No. 4 to New Maintenance Storage Building and Site Improvements Contract with
E. Vaughn Rivers, Inc.
Construction and Inspection Services Warrick Sams presented a request for approval of proposed Change
Order No. 4 to the New Maintenance Storage Building and Site Improvements Contract with E. Vaughn
Rivers, Inc. (EVR). The project was designed by Bhide & Hall, Architects, P.A. (Architect) and Michele
Agee, P.E., P.A. The original engineer of record for the civil engineering elements of the project became ill
and passed away in July 2022. Subsequently, the Architect, engaged Jones Edmonds and Associates (JEA)
to take over the civil engineering responsibilities. During field review with EVR, JEA, and CCUA staff, we
discovered an unforeseen issue related to inadequate coverage over the 12-inch and 20-inch reclaimed lines
at the southeast end the project. If constructed per plan, the planned grades for the proposed top of the
roadway would leave less than two (2) feet of coverage over the pipes. While discussing plans to lower the
affected pipe sections, JEA and CCUA staff realized that the planned roadway cross-section was not
sufficient to handle CCUA's heavy-duty vehicles for the anticipated life cycle. JEA and CCUA mutually
agreed to enhance the roadway cross-section by adding additional asphalt and base material to the proposed
roadway, which will meet heavy-duty roadway standards and extend the roadway service life. Change Order
No. 4 consists of three (3) major items related to the proposed relocation of the 12- inch and 20-inch
reclaimed lines, proposed roadway cross-section enhancement, associated delay time extension and delay
costs, and several deductive items, which amounts to a proposed lump sum cost of $302,136.97. The
following is a summary of the major items. 1) Proposed Relocation of the 12-inch and 20-inch Reclaimed
Lines:This item consists of relocating approximately 280 feet and 200 feet of the 12-inch and 20-inch
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reclaimed lines, respectively, 2) Proposed Roadway Cross-section Enhancement: This item consists of
revising the roadway cross-section from the original 1.5-inches of asphalt and 6-inches of base material to 2.5-
inches of asphalt and 8-inches of base material, 3) Proposed Time Extension and Delay Costs: This item
consists of extending the contract time by 96 calendar days. EVR experienced delays during the discovery,
investigation, and planning periods related to the civil design,proposed relocation of the 12-inch and 20- inch
reclaimed lines, proposed roadway cross-section enhancement, and additional time needed to allow EVR to
complete the proposed work. On December 13, 2022, EVR submitted a negotiated Change Order Request for
a lump sum amount of$301,827.87 and a request to extend the contract time by 96 calendar days to perform
the work. The cost includes EVR's and their subcontractors' costs with customary overhead and profit per
the contract. The negotiated lump sum amount represents reasonable costs associated with the required
resources and materials to complete the requested work. After discussion, Vice-Chairman Roark moved,
seconded by Mr. Hodges, and carried 6-0, to approve the proposed Change Order No. 4 in the amount of
$301,827.87 and extension of the contract time by ninety-six (96) days to perform the work, as presented.
The Board requested staff to review how CCUA can make improvements for future projects by verifying the
vertical depth of our existing infrastructure during the initial design process.
e. Proposed Supplemental Agreement No. 5 to Master Contract 2021/2022-A03 for Petticoat-Schmitt Civil
Contractors, Inc.,to provide construction services for the Governor's Park Water Plant Preliminary Site Civil
Work
Chief Engineer Paul Steinbrecher presented proposed Supplemental Agreement No. 5 to Master Contract
2021/2022-A03 for Petticoat-Schmitt Civil Contractors, Inc., to provide construction services for the
Governor's Park Water Plant Preliminary Site Civil Work. CCUA will construct a new water treatment plant
to serve the Governor's Park service territory. Staff is requesting approval of Supplemental Agreement No. 5
to perform the next step in the construction of the plant which is to prepare the site for the forthcoming tanks,
buildings, and other related plant elements. This work includes, but is not limited to, clearing and grubbing,
grading, and construction of stormwater management infrastructure. Staff previously engaged Ardurra to
produce plans and specifications to solicit bids from CCUA's four(4) continuing services general contractors
to complete the work. CCUA's Board previously approved the continuing service contract with the four (4)
continuing services general contractors to provide general construction services on an as-needed basis for
projects with an estimated value of four (4) million dollars or less. CCUA established these agreements
under the Master Contract 2021/2022-A03. Staff requested bids for the Governor's Park Site Civil Work
from the four (4) continuing services general contractors Two (2) of the four (4) submitted a bid by the
deadline to submit. The Engineer's Opinion of Probable Construction Cost (EOPCC) and the results for the
bids received are tabulated below.
EOPCC $1,530,000.00
Petticoat-Schmitt Civil Contractors $1,905,000.00
Wharton Smith, Inc. $2,857,000.00
Ardurra's Client Services Manager, David A. Rasmussen, PE, evaluated the bids for conformance with the
solicitation requirements and determined Petticoat-Schmitt submitted the lowest, responsive bid at a total
lump sum bid price of$1,905,000. After discussion, Mr. McNees moved, seconded by Mr. Gardella, and
carried 6-0, to approve Supplemental Agreement No. 5 and the associated Bid Opening documents, as
presented.
f. Proposed Rejection of Submissions for Invitation to Bid No. 2022/2023-A07 for the Governor's Park Interim
Water Treatment Plant
Mr. Steinbrecher presented a proposed Rejection of Submissions for Invitation to Bid No. 2022/2023-A07
for the Governor's Park Interim Water Treatment Plant. On June 7, 2022, CCUA's Board of Supervisors
authorized Dewberry Engineers, Inc to provide the design plans and specifications to solicit bids from CCUA
January 3, 2023 4
four(4) continuing general contractors to construct an interim water treatment plant. As a result, CCUA Staff
advertised ITB# 2022/2023-A07 entitled Governor's Park Interim Water Treatment Plant on October 19,
2022. The EOPCC provided by Dewberry Engineers, Inc., for this project was $2,396,000 and is consistent
with historical and recent pricing data. On December 19,2022, CCUA received three (3) responses out of the
four(4) general contractors under the continuing service contract. The bid amounts are as follow:
Petticoat-Schmitt Civil Contractors, Inc. $6,690,000
R2T, Inc. $4,998,872
Wharton-Smith,Inc. $6,027,000
Staff recommended rejection of the submitted responses based upon the bids exceeding the $4,000,000
contract capacity under the contracting mechanism. Staff proposes to review the project with the bidders
after rejection and re-bid to the open construction contractor market.After discussion, Mr. McNees moved,
seconded by Vice-Chairman Roark, and carried 6-0, reject the submitted responses based upon the bids
exceeding the $4,000,000 contract capacity under the contracting mechanism and approve the associated
Bid Opening documents, as presented.
g. Proposed Defer Action for Invitation to Bid No. 2022/2023-A05 for the Peters Creek Reclamation Facility
Expansion and Pipeline Project
Mr. Steinbrecher presented a request to Defer Action for Invitation to Bid No. 2022/2023-A05 for the Peters
Creek Reclamation Facility Expansion and Pipeline Project. On October 27, 2022, staff advertised ITB#
2022/2023-A05 entitled Peters Creek WRF Expansion & Pipeline in the Florida Times Union and on
CCUA's Bonfire Procurement Portal. An Onsite Pre-Bid Meeting was held on November 8, 2022 and was
attended by four (4) Prime Contractors. On December 21, 2022, CCUA received one (1) response from
Wharton-Smith Inc. in the amount of$65,573,000, excluding owner-purchased equipment. The bid amount for
this project significantly exceeds the EOPCC which was $36,400,000, excluding owner-purchased equipment.
Engineering expressed an interest in further discussion with the Contractor for review of the submittal.
Therefore, Staff recommends the Board defer action pending further discussion with low Bidder regarding
potential voluntary reduction of bid. Deferring action is supported by Section 6 of CCUA Resolution No.
2020/2021-06. The bid submitted by the qualified Contractor appears beyond historical and recent pricing
trends. Staff considers understanding of the elements and factors that make-up the bid incredibly important.
Staff will return to the Board with a recommendation on how to proceed with this project. After discussion,
Mr. Gardella moved, seconded by Mr. McNees, and carried 6-0,to defer action on Bid No. 2022/2023-A05 for
the Peters Creek Reclamation Facility Expansion and Pipeline Project.
h. Audit and Finance Committee Meeting on January 17, 2023, 1:00 P.M.
Mr. Johnston reminded the Board of the upcoming Audit and Finance Committee Meeting on January 17,
2023, at 1:00 P.M. Chairman Davis requested the Recording Secretary send a reminder to the members via
text message.
Other-None
Item No. 9—Legal Business
a. Other- None
Item No. 10—Old Business/New Business -None
January 3, 2023 5
Item No. 11 —Public Comment-None
Item No. 12—Supervisor Comments
Mr. McNees wished everyone a Happy New Year and thanked staff for their efforts.
Vice-Chairman Roark echoed Mr. McNees' comments.
Mr. Gardella also wished everyone a Happy New Year and thanked staff for all they do.
Mr. Hodges thanked the staff for all their hard work wished those in attendance a Happy New Year.
Mr. Starnieri shared he hopes 2023 is a safe year. He said growth is coming to our County and he is glad to see
CCUA is making strides to be ready.
Chairman Davis wished everyone a Happy New Year and shared he appreciates the hard work and dedication of
staff.
Item No. 13 —Adjournment
Chairman Davis adjourned the meeting at 2:59 P.M.
Wendell Davis, Chairman
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