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HomeMy WebLinkAboutRegular Minutes - 3/7/2023 REVIEWED FOR REDACTION MINUTES CLAY COUNTY UTILITY AUTHORITY March 7, 2023 A 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 Vice-Chairman Roark 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. Starnieri 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, Assistant Chief Engineer Joe Paterniti, Service Availability Manager Melisa Blaney, Senior Service Availability Engineer Darrell Damrow, Environmental Compliance Manager Heather Webber, Public & Governmental Affairs Liaison Dennis Ragosta, Contract & Procurement Specialist Darrin Parker, Administrative Assistant Operations Alicia Baker, Administrative Assistant Engineering Annecia Asberry, and Grady H. Williams, Jr., legal counsel to the CCUA. Item No. 4—Board Proclamation Public & Legislative Relations Liaison Dennis Ragosta informed the Board to encourage the efficient use of water, the Florida Section of the American Water Works Association has requested its member organizations to adopt proclamations declaring April 2023 as Water Conservation Month. This designation offers the opportunity to increase awareness about the importance of water conservation and encourage water users to take appropriate actions to conserve and protect our state's water resources. After discussion, Mr. Starnieri moved, seconded by Mr. Hodges, and carried 6-0, to adopt the Proclamation declaring the month of April 2023 - Water Conservation Month, as presented. Mr. Ragosta introduced Mr. Doug Conkey, of the SJRWMD, who briefly addressed the Board regarding Water Conservation Month. Item No. 5 —Approval of Minutes a. Board of Supervisors Regular Meeting,February 21, 2023 After discussion, Mr. McNees moved, seconded by Mr. Starnieri, and carried 6-0, to approve the minutes of the Regular Meeting held on February 21, 2023. Item No. 6—Approval of Consent Agenda After discussion, Mr. Hodges moved, seconded by Mr. Gardella, and carried 6-0, to approve the Consent Agenda items, as follows; a. Approval of Financial and Operational Activities I) Approval of Payment of Warrants Warrants totaling$2,920,313.30 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 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 b. Approval of Capital Budget Activities 1) Requests for Award of Procurement Contracts and/or Ratification of Procurement/Construction Contracts or Contract Renewals a. Consideration of a proposed FDOT subordination of Utility interests for FDOT roadway widening and improvementsat County Road 220 at Henley Road and Joe Johns Road in Middleburg, Florida 2) Approval of Supplemental Agreements and Change Orders a. Proposed Supplemental Agreement No. 11 with Jones Edmunds & Associates, Inc. to the Civil and Environmental Engineering Professional Services Agreement 2018/2019 RFQ No. 3, to provide an evaluation and opinions of probable construction costs for the Knight Boxx / Old Jennings Forcemain and Lift Station Number 56 collection system modifications b. Proposed Supplemental Agreement No.13 with Ardurra Group, Inc to the Civil and Environmental Engineering Professional Services Agreement 2018/2019 RFQ No. 3, to provide preliminary design and opinions of the probable construction costs for implementation of electrical improvements at the Fleming Island Water Reclamation Faci I ity c. Approval of Financing Requests -None d. Approval of Contract Usage—General Services Administration Contract No. 47QTCA2100BD e. Approval of Developer Agreements, Warranty Deeds &Easements 1) Developer Agreement KU22/23-32 — Wastewater Service to 762 Clay Street (Amy Harrell and Johnathan Harrell) — 1 ERC wastewater, 1 ERC environmental impact, 1 ERC debt service - $10,805.03 (financed) 2) Developer Agreement KU22/23-33 — Wastewater Service to 235 Whispering Woods Drive (Robert Cates and Kelly Cates)— 1 ERC wastewater, 1 ERC environmental impact, 1 ERC debt service- $10,318.18 (financed) 3) Developer Agreement KU22/23-34 — Individual Metering of 475 Bentwood Lane (IAR Property, LLC) - $6,096.74 4) Developer Agreement KU22/23-35 — Water Service to 3049 Moody Avenue (Conner James Borgmeier) — 1 ERC water, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC debt service - $4,580.63 5) Developer Agreement MU22/23-8—Anabelle Island Subdivision Additional 25 Lots (KB Home Jacksonville, LLC)—25 ERC's water, 25 ERC's wastewater, 25 ERC's reclaimed, 25 ERC's AWS, 25 ERC's SJRWMD, 25 ERC's debt service - $125,786.08 (deferred) 6) Developer Agreement RU22/23-3 — Water Service to 2113 Spinnaker Court (Robert Keith Taylor, Jr., and Amber Taylor) — 1 ERC water, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC debt service - $7,804.79 Item No. 7—Customer Account Adjustments -None Item No. 8—Business discussed at Committee Meetings—None Item No. 9—CCUA Rate Structure Evaluation and Alternatives Workshop—CDM Smith,Inc. Representatives from CDM Smith, Inc. (CDM)provided a presentation entitled Update on Water Rate Structure which was prepared by their firm. The Board requested additional information regarding the proposed changes to CCUA's commercial rate structure asking CDM to clarify their charts and graphs to clearly show the potential effect on customer's monthly bills by using data garnered from actual accounts to illustrate how the proposed phase-in would impact their businesses. They inquired how this rate change could affect schools, churches, and other non-profit organizations. Members also questioned if they could possibly be offered an amended rate or tier schedule. Mr. Williams will review CCUA's Enabling Legislation, confer with our counsel from Sundstrom & Mindlin, LLP, and offer an opinion on same at a future meeting. Item No. 10—Executive Director's Business a. January 2023 Financial Package Chief Financial Officer Jeff Wesselman presented the Financial Statements for January and reported operating income is $667,363 over budget due to an unfavorable revenue and favorable expense variance. Operating revenue is $771,304 under budget and operating expenses are $1,438,673 under budget. CCUA has gained 301 active water accounts and 298 active sewer accounts during fiscal year 2022/2023. After discussion, Mr. Starnieri moved, seconded by Mr. Hodges, and carried 6-0, to accept the Financial Statements for January 2023, as presented by Mr. Wesselman. b. Administrative Services Agreement with International City Management Association Retirement Corporation doing business as MissionSquare Retirement Mr. Wesselman presented a proposed Administrative Services Agreement with International City Management Association Retirement Corporation doing business as MissionSquare Retirement. On August 16, 2022, the Board ratified an agreement between CCUA and SageView Advisory Group, Inc. (SageView) to serve as the Fiduciary for the CCUA Employee Retirement Plans which include the 457 (b) and 401 (a). As the Fiduciary, SageView recommended conducting a survey to benchmark the fees associated to the recordkeeping services for the CCUA Employee Retirement Plan. Ascensus acquired those services on February 29, 2021, following a merger from BB&T to Truist. The survey provided results indicating it would be beneficial to initiate a request for proposal (RFP) for recordkeeping services. On behalf of CCUA, SageView completed the RFP process. SageView prepared a thorough analysis of the five proposal submittals for the CCUA Retirement Plan Committee's review. The proposals were ultimately narrowed down to two finalists, including Empower and MissionSquare. The CCUA Retirement Committee interviewed and evaluated the finalist and unanimously selected MissionSquare as the recordkeeper for the plan. Staff requested ratification the agreement with International City Management Association Retirement Corporation doing business as MissionSquare Retirement. After discussion, Mr. Starnieri moved, seconded by Mr. Gardella and caried 6-0, to ratify the Agreement as presented by Mr. Wesselman. c. Proposed award of contract to Wharton-Smith, Inc, with deductive change order based on Voluntary Reduction for the Peters Creek Water Reclamation Facility Expansion Project and Peters Creek Water Reclamation Facility Expansion Pipelines Project Chief Engineer Paul Steinbrecher and David Rasmussen, P.E. of the Ardurra, Group (Ardurra)presented a proposed award of a contract to Wharton-Smith, Inc, with deductive change order based on Voluntary Reduction for the Peters Creek Water Reclamation Facility Expansion Project and Peters Creek Water Reclamation Facility Expansion Pipelines Project. Staff advertised the subject project on CCUA's Bonfire Procurement Platform and Florida Times Union on October 27, 2022. An Onsite Pre-Bid Meeting was held on November 8, 2022, and was attended by four contractors. At the December 21, 2022, Bid Opening, CCUA received (1) one bid from Wharton-Smith, Inc. in the amount of $65,573,000. The bid amount for this project significantly exceeded the Engineer of Record's (EOR's) Opinion of Probable Construction Cost (OPCC) which was $36,400,000. Staff and the FOR did not understand the basis for the significant difference between the OPCC and the bid received. Because of this difference as well as there being a single bidder, staff requested the Board defer action at the January 3, 2023, meeting. Staff also requested authorization to speak with the single bidder to understand the basis for the bid and discuss the potential for voluntary reductions. Staff briefed the Board regarding status of the project discussions at the February 21, 2023, meeting indicating they would bring forth a recommended scope of work, price, and contract incorporating the voluntary reductions agreed to with the single bidder. Staff is presenting the results of that effort for consideration, Wharton-Smith's bid based on voluntary reductions is now stated at $55,088,600. Staff requested approval of the award of contract to Wharton-Smith, Inc, with deductive change order based on voluntary reductions for the Peters Creek Water Reclamation Facility Expansion and Pipelines Project Bid No. 22/23-A05, the Contract Documents and the bid opening minutes, as presented. After discussion, Mr. McNees moved, seconded by Mr. Gardella, and carried 6-0, to approve the award to Wharton-Smith, Inc., the deductive Change Order with voluntary reductions for the Peters Creek Water Reclamation Facility Expansion and Pipelines Project — Bid No. 22/23-A-05, Florida Times Union Advertisement, Pre-Bid Meeting Attendance, Bid Opening Attendance, Defer Action Memorandum for CCUA Bid No. 2022/2023-A05, the updated Scope of Work and Standard Form of Agreement Concept Drawings—Appendix E to the Bid Specifications, the Wharton-Smith, Inc. signed Voluntary Reduction Letter, and Bid Opening minutes, as presented by Mr. Steinbrecher. d. Proposed Amendment 3 to RFQ 2020/2021-A14 Ardurra Group, Inc. Professional Services for the Peters Creek Water Reclamation Facility Expansion and Effluent Management Project Mr. Steinbrecher presented a proposed Amendment No. 3 to RFQ 2020/2021-A14 - Ardurra Group, Inc. Professional Services Agreement for the Peters Creek Water Reclamation Facility Expansion and Effluent Management Project. CCUA engaged Ardurra to provide professional engineering services for design, bid, and construction administrative services for the Peters Creek WRF project. This work was originally awarded by CCUA to Ardurra through a competitive RFQ process. Ardurra with the guidance and support of staff developed three (3) project component packages. The project component packages are itemized below. • Peters Creek WRF &Pipelines • Site Civil work at the Governor's Park site • Governor's Park Lift Station and Reclaimed Water Storage and Pump Station. Ardurra prepared an EOPCC during agreed upon phases of the project design. Ardurra used industry methodologies and market pricing that was current at the time the EOPCC's were completed. The bid to construct the Peters Creek WRF and pipelines component came in significantly over the final EOPCC. The work Ardurra and staff completed after the project bid was received demonstrates the impact of current inflationary market forces across the State of Florida is having on the water and wastewater utility industry. To be responsive to advance this project, staff and the Ardurra team initiated an approximately seven (7) week fast track alternatives evaluation. In parallel with the alternative's evaluation, staff and the Ardurra team initiated discussions with the single bidder, Wharton-Smith, Inc., regarding potential voluntary reductions for this critical new service infrastructure. The work of staff and the Ardurra team culminated in a proposed voluntary reduction of $13.8 million relative to the initial bid from Wharton-Smith, Inc. Staff updated the Board on the outcome of those evaluations at the February 21, 2023, meeting. Staff and the Ardurra team worked with the Contractor to finalize contract documents for the Peters Creek WRF Expansion and Pipeline Project. The final negotiated voluntary cost reduction for this project totals $12,954,232. The Ardurra team requested an Amendment to their Professional Services Agreement for this project to recover costs for the alternative evaluation and negotiation work, as well as additional services for this project not in the original basis of design. Staff agrees with the Ardurra team the additional services could not have reasonably been anticipated at the time of the initial Agreement and are in response to changing market conditions resulting in a high bid from a single bidder. A summary of the change order components is shown in the Cost Summary Table below: Project Management 1 $31,875.20 Voluntary Reduction Alternatives and Negotiations 6.1,6.2 $62,888.00 Voluntary Reduction Conformed Drawings and Permit Modifications 6.3,6.4 $162,500.80 Ecological Services Including Gopher Tortoise Mitigation 2 $310,199.00 Other Design and Support Subconsultants 3,4,5,6,7 $122,550.00 Total S690,013.00 rotal Less Gopher Tortoise Tasks $379,814.00 Staff notes approximately 45% of the total cost of this Amendment relates to the Gopher Tortoise mitigation. Staff and the Ardurra team originally included this work as a $400,000 allowance in the bid documents. Staff requests this work be moved to the Ardurra team's scope for the purpose of expediency. The revised Contractor bid for this project will not carry the $400,000 allowance for these services. The total less gopher tortoise tasks as shown in the Table above is $379,814, and includes necessary permitting, surveying, and redesign work to achieve the identified voluntary reductions. This work includes conforming approximately 98 detailed design drawings. The original scope of work for planning, design, and services during construction was $3,564,608.00. The additional $379,814.00 is approximately 10.4%of original fee for the Professional Engineering Design, Bidding, and Construction Administration Services originally scoped in the basis for design. Staff considers the requested additional fee to be competitive and reasonable for services received. After discussion, Mr. Hodges moved, seconded by Mr. Starnieri, and carried 6-0,to approve Amendment No. 3, as presented. e. Proposed award of contract to Sawcross, Inc. for the Governor's Park Wastewater Lift Station Project, and Governor's Park Reclaimed Water Pump Station Project Mr. Steinbrecher presented a proposed award of contract to Sawcross, Inc. for ITB 22/23-A06 - Governor's Park Wastewater Lift Station Project, and Governor's Park Reclaimed Water Pump Station Project. The subject project consists of one (1) of three (3) project components to provide wastewater treatment service and reclaimed water service in both the Peters Creek and Governor's Park service territories. The Governor's Park Lift Station will transmit wastewater to the expanded Peters Creek Water Reclamation Facility (WRF). The Governor's Park Reclaimed Water Storage and Pump Station will receive reclaimed water from the Peters Creek WRF to serve the future customers in the Governor's Park and surrounding developments. The Board approved the site civil portion of the Governor's Park site at the January 3, 2023, meeting. Staff advertised the GP LS/RWPS Project on CCUA's Bonfire : > : , Procurement Platform on October 20, 2022, and in the Florida Times Union on October 24, 2022. At the February 17, 2023, Bid Opening, CCUA received (3) three bids from the following Contractors: Petticoat-Schmitt Civil Contractor, Inc. - $8,551,000; Wharton-Smith - $7,880,000; Sawcross, Inc — $7,683,000. CCUA's consultant and EOR, David Rasmussen, P.E. of Ardurra Group, Inc. along with CCUA staff evaluated the bids for conformance with the solicitation requirements. Both the EOR and staff and determined Sawcross, Inc. submitted the lowest, responsive bid at a total lump sum bid price of $7,683,000. After discussion, Mr. McNees moved, seconded by Vice-Chairman Roark, and carried 6-0, to approve award of the contract to Sawcross, Inc. for the Governor's Park Wastewater Lift Station Project and Governor's Park Reclaimed Water Storage and Pump Station Project, the associated bid opening documents, and minutes, as presented by Mr. Steinbrecher. The following is an overview of the three agenda items as approved above; Capital Improvement Program(CIP) Budgets: Peters Creek WRF Phase II: $ 43,819,540.00 Peters Creek WRF Land Acquisition: $ 3,000,000.00 Project Transfers from Delayed Projects: $ 41,524,718.08 Total OP Project Budget: MIS sars4411.4 Current and Proposed Contracts Original Design and Bidding Services with Ardurra: $ 3,564,608.00 Previous Change Orders for Interim Modifications: $ ]b,960.80 Design and Bidding Change Order with Ardurra: $ 690,013.00 Peters Creek Pre-purchase of Equipment: $ 15,492,603.20 Peters Creek WRF Expansion with Wharton Smith: 55,088,600.00 Governor's Park Site Civil with PSCC: $ 1,905,000.00 Governor's Park LS and RWPS with Sawcross,Inc.: _ 7,683,000.00 Governor's Park Pre-Purchase Equipment: $ 609,643.08 Sub-Total Design and Construction Services Contracts: $ 85,110,428.08 Total Construction Contingency: $ 3,233,830.00 Trull Disko ion Services Contracts: $ 83,344,238.0B f. Other Mr. Johnston provided information on the upcoming Clay Day in Tallahassee. He also shared staff is currently working on the Consumptive Use Permit renewal application and compiling the information garnered at the LAMPA Policy Workshop. Item No. 11 —Legal Business a. Other Mr. Williams shared it is an honor and a blessing to work with CCUA staff and consultants involved in the business of the utility. Item No. 12—Old Business/New Business -None Item No. 13 —Public Comment-None Item No. 14—Supervisor Comments Mr. Gardella shared it was a long meeting, but for the right reasons. He thanked staff and CDM for their efforts on the Rate Study. Mr. Hodges thanked everyone and also inquired if we can try to learn from the difference we have seen between the initial bid estimates and the actual bids received by trending the results. Mr. Starnieri said it was a very good meeting,the members were provided lots of information today, he thanked staff, and shared his appreciation for the the cost savings on the Governor's Park project. Mr. McNees thanked David Rasmussen for his input and efforts both on paper and presenting today to achieve the desired result. Vice-Chairman Roark echoed the other member's comments and shared he certainly appreciates the value engineering on the Governor's Park project. Chairman Davis also echoed the comments and appreciates how the consultants provided both integrity and professionalism in their presentations today. Item No. 15 —Adjournment Chairman Davis adjourned the meeting at 3:55 P.M. Wendell Davis C • Londe:' ilk, Recor ing Secretary