HomeMy WebLinkAboutEDB NFRWSPP MOA SJRWMD and SA Final EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed Memorandum of Agreement(MOA)between the Clay County Utility Authority(CCUA), JEA,
Gainesville Regional Utilities (GRU), and St. Johns County Utility Department(SJCUD)
Proposed Cooperative Funding Agreement between the St. Johns River Water Management District
(SJRWMD)and CCUA
Proposed Supplemental Agreement(SA)No. 12 to the Civil and Environmental Engineering Professional
Services Agreement 2018/2019 RFQ No. 3 with CDM Smith to provide Professional Engineering and
Planning Services for the North Florida Regional Water Supply Plan Project Conceptualization
Date: September 28, 2023
BACKGROUND:
CCUA staff requests authorization to enter into a MOA with JEA, GRU, and the SJCUD for the
ca development of the North Florida Regional Water Supply Plan Project Conceptualization. Staff also
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requests authorization to enter into the Cooperative Funding Agreement with the SJRWMD for this same
iis effort. To support the North Florida Regional Water Supply Plan Project Conceptualization, staff requests
2 authorization to engage CDM Smith to provide the technical expertise necessary for this planning effort.
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Representatives of CCUA,JEA, GRU, SJCUD, SJRWMD, SRWMD, and the FDEP met at CCUA offices
ce on April 7, 2023, to discuss water supply planning, Minimum Flows and Levels (MFL) regulations, and
zero surface discharge requirements. In this meeting, the representatives present agreed conceptualization
of regional projects to integrate water resources from where there are surpluses to where there are deficits
was needed. The scope of services with CDM Smith represents the collaborative effort developed from the
April 7,2023,meeting.
We anticipate the technical expertise for this effort will be significant. The CDM Smith team completed
the Integrated Water Resource Plans (IWRPs) for CCUA, JEA, and the SJCUD. CDM Smith provides
Professional Engineering services to the SJRWMD on the Black Creek Water Resource Development
Project(Black Creek Project).We consider the CDM Smith especially suited with the professional expertise
necessary for this collaborative effort.
The collaborative effort scoped in the North Florida Regional Water Supply Plan Project Conceptualization
will identify large-scale regional capital projects capable of addressing and sustainably managing regional
water resource challenges. We envision North Florida Regional Water Supply Plan Project
Conceptualization will also provide a framework for regulated entities to financially participate in those
projects to address MFL liabilities. We consider the Black Creek Project an example of a regional water
resource development project we can model in the project conceptualization effort.
CCUA staff understood from the April 7, 2023, meeting the funding support would include equal
participation by all the entities represented. CCUA has entered into a similar MOA with other utilities as
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part of the North Florida Utilities Coordination Group (NFUCG). CCUA has also entered into similar
Cooperative Funding Agreements with the SJRWMD as part of their cost-share program.
BUDGET:
Staff budgeted for CCUA's proportionate share of the North Florida Regional Water Supply Plan Project
Conceptualization in the operating budget for Fiscal Year 2023/2024.
CDM Smith will be compensated on a time and materials basis not to exceed$500,000.Each of the entities
participating is funding an equal share of the professional services provided by CDM Smith.The maximum
fee per entity participating calculates to $71,428.57 ($500,000/7 = $71,428.57). Through the Cooperative
Funding Agreement, SJRWMD will provide a total of$214,285.72 (SJRWMD is funding$71,428.58 and
FDEP is funding$142,857.14).
CCNA:
CCNA, F.S. s. 287.055, does apply to the use of a consultant under continuing contract. The anticipated
Professional Engineering services fees for this project conceptualization do not exceed$500,000.00. Staff
negotiated the Supplemental Agreement in compliance with F.S. s. 287.055. Staff and the consultant
negotiated the scope and fee for the professional services at a compensation which CCUA determines is
fair, competitive,and reasonable.
RECOMMENDATION:
Staff respectfully requests authorization from the Board of Supervisors to enter into a MOA with JEA,
GRU, and the SJCUD for the North Florida Regional Water Supply Plan Project Conceptualization.
Staff also respectfully requests authorization from the Board of Supervisors to enter into a Cooperative
Funding Agreement with the SJRWMD for the North Florida Regional Water Supply Plan Project
Conceptualization.
Lastly, staff respectfully requests authorization to engage the CDM Smith team under Supplemental
Agreement No. 12 under the Professional Engineering Services Agreement(2018/2019 RFQ No.3)to serve
as the technical experts for the North Florida Regional Water Supply Plan Project Conceptualization.
ATTACHMENTS:
MOA between CCUA, GRU,JEA, and St. Johns County Utility Department
Cooperative Funding Agreement between CCUA and the SJRWMD
Supplemental Agreement No. 12 between CCUA and CDM Smith
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MEMORANDUM OF AGREEMENT BETWEEN
CLAY COUNTY UTILITY AUTHORITY, GAINESVILLE REGIONAL UTILITIES,
JEA,AND ST. JOHNS COUNTY, FOR
NORTH FLORIDA REGIONAL WATER SUPPLY PLAN PROJECT
CONCEPTUALIZATION
This MEMORANDUM OF AGREEMENT ("AGREEMENT") is made and entered into
by and between the CLAY COUNTY UTILITY AUTHORITY ("CCUA"), GAINESVILLE
REGIONAL UTILITIES ("GRU"), JEA, and ST. JOHNS COUNTY (individually referred to
herein as"SUPPLIER"or"PARTY"or collectively referred to as"SUPPLIERS"or"PARTIES").
WITNESSETH:
WHEREAS, in 2011, the North Florida Regional Water Supply Partnership("NFRWSP")
was established via interagency agreement between the Agencies for the purpose of protecting
natural resources and water supplies in 14 north Florida counties located within both St. Johns
River Water Management District (SJRWMD) and Suwanee River Water Management District
(SRWMD)through collaborative water supply planning and establishment of minimum flows and
levels("MFLs")and development and implementation of MFL prevention and recovery strategies,
and
WHEREAS, in 2015, in coordination with SRWMD and SJRWMD, the Florida
Department of Environmental Protection(FDEP),collectively the AGENCIES,adopted MFLs and
an associated recovery strategy for the Lower Santa Fe and Ichetucknee Rivers and associated
priority springs ("LSFI"), known as the Lower Santa Fe River Basin Recovery Strategy("LSFRP
Recovery Strategy"), and
WHEREAS, the LSFRP Recovery Strategy includes the reevaluation of the LSFI MFLs,
assessment of the impacts of regional user groups in the north Florida region, identification and
investigation of potential water resource development projects and water supply projects that can
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contribute to resources recovery,and the development of long-term regulatory measures to address
regional MFL impacts and achieve water supply goals, and
WHEREAS, in 2017, SJRWMD and SRWMD each adopted the North Florida Regional
Water Supply Plan, which incorporates the LSFRP Recovery Strategy and sets forth the need for
water resource development project and water supply projects options for the NFRWSP area for
the 2015-2035 planning period, and
WHEREAS, FDEP, in coordination with SJRWMD and SRWMD, is in the process of
developing and adopting updated LSFI MFLs and an associated updated prevention/recovery
strategy for the LSFI MFLs, which are projected to require the development of regional water
resource development projects or programs in order to achieve recovery of the established MFLs
and allow for the provision of sufficient water supplies for all existing and projected reasonable-
beneficial uses, and
WHEREAS, the AGENCIES anticipate the adoption and reevaluation of additional MFLs
within the NFRWSP area that may require the development of regional water resource
development projects or programs in order to achieve prevention or recovery of the established
MFLs and allow for the provision of sufficient water supplies for all existing and projected
reasonable-beneficial uses, and
WHEREAS,the AGENCIES and the SUPPLIERS desire to facilitate the identification and
evaluation of feasible regional water resource development projects or programs that may be
incorporated into a future update to the LSFRP Recovery Strategy and associated rules,other MFL
prevention/recovery and associated rules, and future updates to the North Florida Regional Water
Supply Plan, and
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WHEREAS, the AGENCIES and the SUPPLIERS desire to facilitate the option for the
AGENCIES, the SUPPLIERS, and other water users and interested parties to participate in
potential regional water resource development projects or programs as a means to achieve MFL
compliance and allow water users to offset impacts associated with water uses, and
WHEREAS, the SUPPLIERS recognize the benefits of regional cooperation and have
determined that cost-sharing regarding a process that will provide recommendations for selecting
effective management and/or regional project alternatives, formulating implementation plans, and
recommending representative and equitable cost-sharing structures is in the public interest, to be
referred to as the North Florida Regional Water Supply Plan Project(s) Conceptualization
("PROJECT CONCEPTUALIZATION"), and
WHEREAS, SUPPLIERS have authority and established funding sources to cost-share the
o PROJECT CONCEPTUALIZATION, and
WHEREAS, the AGENCIES intend to separately participate through COOPERATIVE
FUNDING AGREEMENTS with CCUA, and
WHEREAS, the SUPPLIERS are PARTIES participating in the PROJECT
CONCEPTUALIZATION under this AGREEMENT, and
WHEREAS, the SUPPLIERS are in support of the efforts of the PROJECT
CONCEPTUALIZATION and are committed to providing financial and technical assistance for
this effort, as described herein, and
WHEREAS, the SUPPLIERS agree that nothing in this AGREEMENT shall be construed
to preclude any SUPPLIER from continuing to operate its existing water supply facilities or restrict
in any way the ability of a SUPPLIER to retain its existing permitted water uses, water supply
facilities, expand existing facilities, or develop new water supply facilities in order to meet the
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existing and future water needs of its customers from a dependable, adequate and cost-effective
water supply, or impair any right it may have pursuant to its certificate of authorization or
comparable enabling law, and
WHEREAS,the SUPPLIERS agree that nothing in this AGREEMENT shall affect,change
or modify any existing agreement among the SUPPLIERS.
NOW THEREFORE, in consideration of the foregoing premises,which are made a part of
this AGREEMENT, and the mutual covenants, terms and conditions contained herein, and for
other good and valuable consideration, the receipt of which is hereby acknowledged, the
SUPPLIERS hereto, each intending to be legally bound, agree to the following:
1. AUTHORITY. The PARTIES represent that they respectively have the authority to enter into
and agree to each of the terms of this AGREEMENT.
2. SCOPE OF WORK. The scope of work for the PROJECT CONCEPTUALIZATION shall
be in accordance with the Scope of Work, attached hereto as Exhibit 1.
3. GOVERNANCE AND MANAGEMENT.
3.1. CCUA, shall designate a Project Administrator, who shall have overall administrative
responsibility for implementing the terms of this AGREEMENT.
3.2. Under the direction of the PARTIES' Representatives, the Project Administrator shall be
responsible for implementing the Scope of Work. The Project Administrator shall provide
the PARTIES' Representatives updates regarding the status of the tasks on a regular basis,
or upon request of a PARTY. The Project Administrator shall notify the PARTIES'
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Representatives of the completion of each task within thirty (30) calendar days of the
completion of each task.
3.3. All decisions concerning the PROJECT CONCEPTUALIZATION shall be made by the
Representatives of the PARTIES.
3.4. Each PARTY shall designate a presentative(Representative)and an alternate by providing
written notification to the other PARTIES. The Representatives and alternates shall be
staff persons. At any time and in its sole discretion, a PARTY may designate a new
Representative or alternate by providing a written notification to other PARTIES.
3.5. Notices, minutes, and reports shall be sent by the Project Administrator to the PARTIES'
Representatives. Each Representative shall have the responsibility to keep his or her
respective PARTY informed of the work being undertaken on the PROJECT
CONCEPTUALIZATION.
4. FUNDING.
4.1. The PARTIES agree to equally participate financially in the REPORT up to a maximum
amount of$ 71,428.57 per PARTY.
4.2. All payments made pursuant to this AGREEMENT shall be submitted to CCUA within
thirty (30) days of the signing of this AGREEMENT by all of the PARTIES, and shall
reference this AGREEMENT. CCUA shall provide a written or emailed receipt of
payment to each PARTY within 10 days of payment.
5. RESPONSIBILITIES OF THE PARTIES. Each PARTY shall:
5.1. On an as needed basis, and with reasonable notice, provide the PROJECT
CONCEPTUALIZATION consultant(s) information as may be needed for completion of
the PROJECT CONCEPTUALIZATION, as set forth in Exhibit 1.
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5.2. Participate in meetings required to accomplish the Scope of Work set forth in Exhibit 1.
5.3. Review, comment on, and approve interim and final deliverables for the Scope of Work
within 30 days or less if specified in the scope of work.
5.4. Affirm their ongoing duties of mutual cooperation with each other and agree to assist each
other in furtherance of the AGREEMENT's goal of developing the PROJECT
CONCEPTUALIZATION.
6. RESPONSIBILITIES OF CCUA. In addition to its responsibilities as a SUPPLIER, as set
forth in this AGREEMENT, CCUA shall:
6.1. Designate, in writing, a Project Administrator to coordinate its responsibilities under this
AGREEMENT.
6.2. Procure the services of consultant(s) to prepare the PROJECT CONCEPTUALIZATION
as contemplated in Exhibit 1. CCUA procurement policies and procedures shall be
utilized in all procurement activities that implement this AGREEMENT.
6.3. Prepare and execute contract(s) with consultant(s) reflected in Exhibit 1 to prepare the
PROJECT CONCEPTUALIZATION.
6.4. Manage the activities of consultant(s)to assure that contract requirements are met.
6.5. Coordinate regularly with the PARTIES.
6.6. Receive and account for funds from SUPPLIERS, AGENCIES and other sources.
6.7. Process and pay invoices from consultant(s).
6.8. Timely comply with any COOPERATIVE FUNDING AGREEMENTS which are directly
entered into between that PARTY and the AGENCIES with respect to the PROJECT
CONCEPTUALIZATION.
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6.9. Within sixty (60) days after the expiration or termination of this AGREEMENT,
whichever is applicable, CCUA shall provide the other PARTIES with an accounting of
the expenditure of funds for the PROJECT CONCEPTUALIZATION and shall reimburse
to the PARTIES any portion of the funds advanced by the PARTIES which have not been
expended on the PROJECT CONCEPTUALIZATION.
7. TERMS, AMENDMENT, TERMINATION. The term of this AGREEMENT shall
commence upon its complete execution by all of the PARTIES. Unless earlier terminated
pursuant to the terms hereof, this AGREEMENT shall remain in effect until completion of the
deliverables set forth Exhibit 1 or for a period of sixty (60) months, whichever occurs first.
The PARTIES may renew this AGREEMENT at least one hundred twenty(120) days prior to
the expiration date of this AGREEMENT.
0 8. LIABILITY AND INSURANCE.
8.1. Neither this provision nor any other provision in this AGREEMENT shall be construed as
a waiver of sovereign immunity by any PARTY.
8.2. CCUA agrees that all contracts and subcontracts for any work described in the Scope of
Work shall include hold harmless and indemnification provisions to protect all of the
PARTIES in a form acceptable to all of the PARTIES. The consultant(s) and
subconsultant(s) shall provide evidence of said hold harmless and indemnity prior to
commencement of work.
9. OWNERSHIP OF DOCUMENTS. Ownership and copyright to all reports and all
accompanying data(in all formats)produced pursuant to work done under this AGREEMENT
shall be vested in all the PARTIES. Any source documents or any other documents or
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materials developed, secured or used in the performance of this AGREEMENT shall be
considered property of the PARTY from which such documents or materials originated.
10. ENTIRE AGREEMENT. This AGREEMENT, including exhibits, constitutes the entire
agreement among the PARTIES pertaining to the subject matter hereof, and there are no
warranties, representations or other agreements in connection with the subject matter hereof;
except as specifically set forth herein.
11. SEVERABILITY. If any provision of this AGREEMENT is found by a court of competent
jurisdiction to be invalid, it shall be considered deleted herefrom, and shall not invalidate the
remaining provisions. However, this provision shall not apply to the Scope of Work attached
hereto as Exhibit 1.
12. ASSIGNMENT. No assignment, delegation, transfer or novation of this AGREEMENT or
any part hereof shall be made unless approved in writing by all PARTIES.
13. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This AGREEMENT is solely for
the benefit of the PARTIES and no right or cause of action shall accrue to or for the benefit of
any third party not a formal party hereto. Nothing in this AGREEMENT,expressed or implied,
is intended or shall be construed to confer upon or give any person or corporation other than
the PARTIES any right, remedy, or claim under or by reason of this AGREEMENT or any
provisions or conditions hereof; and all of the provisions, representation, covenants and
conditions herein contained shall inure to the sole benefit of and shall be binding upon the
PARTIES.
14. EXCLUSIVE PERMITTING AUTHORITY RETAINED. Nothing in this
AGREEMENT shall be construed to impede, interfere with, or supersede the exclusive
authority of the AGENCIES under Part II, Chapter 373, Florida Statutes, to permit the
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consumptive use of water, and no rights are created as a result of this AGREEMENT, the
expenditure of funds provided herein, or any work performed hereunder through which the
SUPPLIERS may claim any entitlement or rights to the consumptive use of water. In addition,
nothing in this AGREEMENT may be construed as requiring or compelling any SUPPLIER
to develop the water supply facilities identified in the PROJECT CONCEPTUALIZATION.
15. PROPERTY RIGHTS. Nothing in the AGREEMENT shall be interpreted to impede,
interfere with, modify, construe, or waive the private property rights or land ownership rights
of the SUPPLIERS, and any entity not a party to this AGREEMENT.
16. MISCELLANEOUS PROVISIONS.
16.1. This AGREEMENT and the rights and obligations of the parties are to be governed
by, construed and interpreted in accordance with the laws of the State of Florida. In the
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event of any legal proceedings arising from this AGREEMENT, the PARTIES hereby
consent to trial by the court and waive the right to seek a jury trial as to any issues so
triable.
16.2. The PARTIES, their employees, subcontractors and assigns, shall comply with all
applicable federal, state, and local laws and regulations relating to the performance of this
AGREEMENT.
16.3. The PARTIES shall allow public access to all project documents and materials that
are subject to the provisions of Chapter 119, Florida Statutes. Should any PARTY assert
any exemption to the requirements of Chapter 119 and related statutes, the burden of
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establishing such an exemption, by way of injunctive or other relief as provided by law,
shall be upon that PARTY.
16.4. Nothing in this AGREEMENT shall be deemed or construed to create any agency
relationship, partnership (limited or otherwise), association or joint venture between the
PARTIES. Except as expressly provided herein or as otherwise specifically agreed in
writing, no PARTY shall have authority to act on behalf of or bind any other PARTY.
16.5. This AGREEMENT may be executed in counterparts, each of which shall be
deemed to be an original,but all of which,taken together shall constitute one and the same
agreement.
IN WITNESS WHEREOF, the following authorized representatives of the PARTIES have
executed this AGREEMENT on the date signed by each.
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CLAY COUNTY UTILITY AUTHORITY
By:
Attest:
Date:
Approved by:
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GAINESVILLE REGIONAL UTILITIES
By:
Attest:
Date:
Approved by:
to
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COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
ST.JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CLAY COUNTY UTILITY AUTHORITY
THIS AGREEMENT("Agreement")is entered into by and between the GOVERNING BOARD of
the ST.JOHNS RIVER WATER MANAGEMENT DISTRICT(the"District"),whose address is 4049 Reid
Street, Palatka,Florida 32177,AND CLAY COUNTY UTILITY AUTHORITY, 3176 Old Jennings Road,
Middleburg,FL 32068-3907. All references to the parties hereto include the parties,their officers,
employees, agents, successors, and assigns.
RECITALS
The waters of the state of Florida are among its basic resources,and it has been declared to
be the policy of the Legislature to promote the conservation, development, and proper
utilization of surface and ground water. Pursuant to chapter 373,Fla. Stat.,the District is
responsible for the management of the water resources within its geographical area.
The District has determined that providing cooperative funding to Recipient for the
purposes provided for herein will benefit the water resources and one or more of the
District's missions and initiatives.
The parties have agreed to jointly fund the following project in accordance as described in
the Statement of Work,Attachment A(hereafter the"Project"):
North Florida Regional Water Supply Plan Project Conceptualization
In consideration of the above recitals, and the funding assistance described below,
Recipient agrees to perform and complete the activities provided for in the Statement of Work,
Attachment A. Recipient shall complete the Project in conformity with the contract documents and
all attachments and other items incorporated by reference herein. This Agreement consists of all of
the following documents: (1)Agreement, (2)Attachment A Statement of Work; and(3) all other
attachments, if any. The parties hereby agree to the following terms and conditions.
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1. TERM; WITHDRAWAL OF OFFER
The term of this Agreement is from the date upon which the last party has dated and executed the
Agreement("Effective Date")until September 30, 2024("Completion Date").Notwithstanding specific
mention that certain provisions survive termination or expiration of this Agreement, all provisions of this
Agreement that by their nature extend beyond the Completion Date survive termination or expiration
hereof(e.g., delivery of a final report,will remain in full force and effect after the Completion Date as
necessary to effect performance).
2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work,
Attachment A. Recipient is responsible for the professional quality,technical accuracy, and timely
completion of the Project.Acceptance of the final payment by Recipient shall constitute a release in full
of all claims against the District arising from or by reason of this Agreement.
3. AMOUNT AND SOURCE OF COOPERATIVE FUNDING
(a) Cooperative Funding Amount.Upon execution of this agreement and receipt of an invoice,the
District shall reimburse Recipient$214,285.72.
(b) The Cooperative Funding Amount is not subject to modification based upon price escalation in
implementing the Project during the term of this Agreement. Recipient shall be responsible for
payment of all costs necessary to ensure completion of the Project.
4. PAYMENT OF INVOICES
(a) Recipient shall submit an invoice upon execution of this agreement by one of the following two
methods: (1)by email to acctpay@sjrwmd.com(preferred)or(2)by mail to the St. Johns River
Water Management District,Finance Director,4049 Reid Street,Palatka,Florida 32177-2571.
Recipient shall be reimbursed for the amount of Cooperative funding specified in paragraph 3 (a). If
necessary for audit purposes,upon completion of the project,Recipient shall provide additional
supporting information to document invoices.
(b) The invoice shall include the following information: (1)District contract number; (2)Recipient's
name, address, and authorization to directly deposit payment into Recipient's account(if Recipient
has not yet provided the District with a completed Direct Deposit Authorization form);
(3)Recipient's invoice number and date of invoice; (4)District Project Manager; (5)Recipient's
Project Manager. Invoices that do not correspond with this paragraph shall be returned without
action within 20 business days of receipt, stating the basis for rejection. Payments shall be made
within 45 days of receipt of an approved invoice.
(c) Travel expenses.If the cost schedule for this Agreement includes a line item for travel expenses,
travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel
expenses are not included in the cost schedule,they are a cost of providing the service that is borne
by Recipient and are only compensable when specifically approved by the District as an authorized
District traveler. In such instance,travel expenses must be submitted on District or State of Florida
travel forms and shall be paid pursuant to District Administrative Directive 391.
(d) Payments withheld.The District may withhold or, on account of subsequently discovered evidence,
nullify,in whole or in part, any payment to such an extent as may be necessary to protect the District
from loss as a result of: (1)defective work not remedied; (2) failure to maintain adequate progress in
the Project; (3) any other material breach of this Agreement.Amounts withheld shall not be
considered due and shall not be paid until the ground(s)for withholding payment have been
remedied.
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5. INDEMNIFICATION AND INSURANCE.
(a) Recipient shall indemnify and hold harmless,release,and forever discharge the District, its public
officers, employees,agents,representatives, successors, and assigns, from any and all liabilities,
damages,losses, and costs, including,but not limited to,reasonable attorneys' fees,to the extent
caused by the negligence,recklessness,or intentional wrongful misconduct of the Recipient, its
employees or subcontractors,in the performance of the Work and resulting from damages to
property,personal injury, or loss of life.
(b) Recipient shall acquire and maintain all insurance required by Attachment B,Insurance
Requirements, and shall not commence Work until it has provided Certificates of Insurance to the
District as per Attachment B. Receipt of Certificates of Insurance indicating less coverage than
required does not constitute a waiver of the Insurance Requirements. Recipient waives its right of
recovery against the District to the extent permitted by its insurance policies. Recipient's insurance
shall be considered primary, and District insurance shall be considered excess, as may be applicable
to Recipient's obligation to provide insurance.
6. LIABILITY AND INSURANCE.Each party is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party, its officers,employees, and agents.Nothing
contained herein shall be construed or interpreted as denying to any party any remedy or defense
available under the laws of the state of Florida,nor as a waiver of sovereign immunity of the state of
Florida beyond the waiver provided for in §768.28,Fla. Stat., as amended. Each party shall acquire and
maintain throughout the term of this Agreement such liability,workers' compensation, and automobile
insurance as required by their current rules and regulations.
7. FUNDING CONTINGENCY.This Agreement is at all times contingent upon funding availability,
which may include a single source or multiple sources, including,but not limited to: (1) ad valorem tax
revenues appropriated by the District's Governing Board; (2)annual appropriations by the Florida
Legislature, or(3) appropriations from other agencies or funding sources. Agreements that extend for a
period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion
and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Project not
be funded,in whole or in part,in the current Fiscal Year or succeeding Fiscal Years,the District shall so
notify Recipient and this Agreement shall be deemed terminated for convenience five days after receipt
of such notice,or within such additional time as the District may allow. For the purpose of this
Agreement, "Fiscal Year"is defined as the period beginning on October 1 and ending on September 30.
8. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and management of
the Project. Either party may change its Project Manager upon three business days' prior written
notice to the other party.Written notice of change of address shall be provided within five business
days.All notices shall be in writing to the Project Managers at the addresses below and shall be sent
by one of the following methods: (1)hand delivery; (2)U.S. certified mail; (3)national overnight
courier; or(4) email.Notices via certified mail are deemed delivered upon receipt.Notices via
overnight courier are deemed delivered one business day after having been deposited with the
courier.Notices via e-mail are deemed delivered on the date transmitted and received.
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DISTRICT RECIPIENT
Tim Perkins,Project Manager Darrell Damrow,PE Project Manager
St. Johns River Water Management District Clay County Utility Authority
4049 Reid Street 3176 Old Jennings Road
Palatka,Florida 32177 Middleburg,FL,32068
Phone: (386) 643-1173 Phone: 904-213-2426
Email: tperkins@sjrwmd.com Email: ddamrow@clayutility.org
(b) The District's Project Manager shall have sole responsibility for transmitting instructions,receiving
information,and communicating District policies and decisions regarding all matters pertinent to
performance of the Project.
9. PROGRESS REPORTS.Recipient shall provide to the District Project update/status reports as
provided in the Statement of Work. Recipient shall submit the Project Progress Reports to the District's
Project Manager according to the schedule included in Attachment A
10. WAIVER. The delay or failure by the District to exercise or enforce any of its rights under this Contract
shall not constitute or be deemed a waiver of the District's right thereafter to enforce those rights,nor
shall any single or partial exercise of any such right preclude any other or further exercise thereof or the
exercise of any other right.
11. FAILURE TO COMPLETE PROJECT. Should Recipient fail to complete the Project,Recipient shall
refund to the District all of the funds provided to Recipient pursuant to this Agreement. However,the
District,in its sole judgment and discretion,may determine that Recipient has failed to complete the
Project due to circumstances that are beyond Recipient's control, or due to a good faith determination
that the Project is no longer environmentally or economically feasible. In such event,the District may
excuse Recipient from the obligation to return funds provided hereunder. If the Project has not been
completed within 30 days after the Completion Date,Recipient shall provide the District with notice
regarding its intention as to completion of the Project. The parties shall discuss the status of the Project
and may mutually agree to revise the time for Project completion or the scope of the Project. Failure to
complete the Project within 90 days after the Completion Date shall be deemed to constitute failure to
complete the Project for the purposes of this provision.
12. TERMINATION.If Recipient materially fails to fulfill its obligations under this Agreement,including
any specific milestones established herein,the District may provide Recipient written notice of the
deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have
30 days following receipt of the notice to cure the breach. If Recipient fails to cure the breach within the
30-day period,the District shall issue a Termination for Default Notice terminating this Agreement
without further notice. In such event,Recipient shall refund to the District all funds provided to
Recipient pursuant to this Agreement within 30 days of such termination. The District may also
terminate this Agreement upon ten days' written notice in the event of any material misrepresentations in
the Project Proposal.
Delay or failure by the District to enforce any right,remedy or deadline hereunder shall not impair, or be
deemed a waiver of, any such right,remedy or deadline, or impair the District's rights or remedies for
any subsequent breach or continued breach of this Agreement.
ADDITIONAL PROVISIONS
13. ASSIGNMENT.Recipient shall not assign this Agreement, or any monies due hereunder,without the
District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any
contracts awarded by Recipient and payment of all monies due.No provision of this Agreement shall
-4-
create a contractual relationship between the District and any of Recipient's contractors or
subcontractors.
14. AUDIT;ACCESS TO RECORDS; REPAYMENT OF FUNDS
(a) Maintenance of Records.Recipient shall maintain its books and records such that receipt and
expenditure of the funds provided hereunder are shown separately from other expenditures in a
format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures,
copies of all reports submitted to the District, and copies of all invoices and supporting
documentation for at least five years after expiration of this Agreement. In accordance with generally
accepted governmental auditing standards,the District shall have access to and the right to examine
any directly pertinent books and other records involving transactions related to this Agreement. In
the event of an audit, Recipient shall maintain all required records until the audit is completed and all
questions are resolved. Recipient will provide proper facilities for access to and inspection of all
required records.
(b) Repayment of Funds. District funding shall be subject to repayment after expiration of this
Agreement if,upon audit examination,the District finds any of the following: (1)Recipient has spent
funds for purposes other than as provided for herein, including but not limited to construction
materials not used in the Project; (2)Recipient has failed to perform a continuing obligation of this
Agreement; (3)Recipient has received duplicate funds from the District for the same purpose;
(4)Recipient has been advanced or paid unobligated funds; (5)Recipient has been paid funds in
excess of the amount Recipient is entitled to receive under the Agreement; and/or(6)Recipient has
received more than 100%contributions through cumulative public agency cooperative funding.
15. CIVIL RIGHTS.Pursuant to chapter 760,Fla. Stat.,Recipient shall not discriminate against any
employee or applicant for employment because of race, color,religion, sex, or national origin,age,
handicap, or marital status.
16. COOPERATION WITH THE INSPECTOR GENERAL,PURSUANT TO §20.055(5)FLA. STAT.
Recipient and any subcontractors understand and will comply with their duty,pursuant to §20.055(5),
Fla. Stat.,to cooperate with the inspector general in any investigation, audit,inspection,review, or
hearing.
17. DISPUTE RESOLUTION.Recipient is under a duty to seek clarification and resolution of any issue,
discrepancy,or dispute involving performance of this Agreement by submitting a written statement to
the District's Project Manager no later than ten business days after the precipitating event. If not resolved
by the Project Manager,the Project Manager shall forward the request to the District's Office of General
Counsel,which shall issue a written decision within ten business days of receipt. This determination
shall constitute final action of the District and shall then be subject to judicial review upon completion of
the Project.
18. DIVERSITY OPPORTUNITIES. The District is committed to the opportunity for diversity in the
performance of all cost-sharing agreements and encourages Recipient to make a good faith effort to
ensure that women and minority-owned business enterprises(W/MBE)are given the opportunity for
maximum participation as contractors. The District will assist Recipient by sharing information on
W/MBEs.
19. GOVERNING LAW,VENUE,ATTORNEY'S FEES,WAIVER OF RIGHT TO JURY TRIAL.
This Agreement shall be construed according to the laws of Florida and shall not be construed more
strictly against one party than against the other because it may have been drafted by one of the parties.
As used herein,"shall"is always mandatory. In the event of any legal proceedings arising from or related
to this Agreement: (1)venue for any state legal proceeding is Putnam County and federal legal
- 5 -
proceedings shall be in Duval County; (2)each party shall bear its own attorney's fees, including
appeals; (3) for civil proceedings,the parties hereby consent to trial by the court and waive the right to
jury trial.
20. INDEPENDENCE OF PARTIES. The parties are independent entities and do not serve as agents or
representatives of one another. This Agreement does not create a joint venture relationship between the
parties. Recipient is not a contractor of the District. The District is providing cooperative funding as a
cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely
responsible for accomplishing the Project and directs the means and methods by which the Project is
accomplished. Recipient is solely responsible for compliance with all labor,health care, and tax laws
pertaining to Recipient,its officers, agents, and employees.
21. CONFLICTING INTEREST IN RECIPIENT.Recipient certifies that no officer, agent, or employee
of the District has any material interest, as defined in §112.312,Fla. Stat., either directly or indirectly,in
the business of Recipient to be conducted hereby, and that no such person shall have any such interest at
any time during the term of this Agreement.
22. NON-LOBBYING.Pursuant to §216.347,Fla. Stat.,as amended,Recipient agrees that funds received
from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or
any other state agency.
23. PERMITS.Recipient shall comply with all applicable federal, state,and local laws and regulations in
implementing the Project and shall include this requirement in all subcontracts pertaining to the Project.
Recipient shall obtain any and all governmental permits necessary to implement the Project.Any activity
not properly permitted prior to implementation or completed without proper permits does not comply
with this Agreement and shall not be approved for cooperative funding.
24. PUBLIC ENTITY CRIME.A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal, or reply on a contract to
provide any goods or services to a public entity;may not submit a bid,proposal, or reply on a contract
with a public entity for the construction or repair of a public building or public work;may not submit
bids,proposals, or replies on leases of real property to a public entity;may not be awarded or perform
work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold amount provided in §287.017,
Fla. Stat., for CATEGORY TWO($35,000)for a period of 36 months following the date of being placed
on the convicted vendor list.
25. SCRUTINIZED COMPANIES.
(a) Recipient certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to §287.135,Fla. Stat.,the District may terminate this Agreement at its
sole option if the Contractor is found to have submitted a false certification; or if the Recipient is
placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel
during the term of the Agreement.
(b) If this Agreement is for more than one million dollars,the Recipient certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sectol List,or engaged with business operations in Cuba or Syria as identified in
Section 287.135,F.S. Pursuant to Section 287.135,F.S.,the Department may immediately terminate
this Agreement at its sole option if the Recipient is found to have submitted a false certification; or if
the Recipient is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, 01 engaged with business
operations in Cuba or Syria during the term of the Agreement.
- 6-
(c) As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions,then they shall become inoperative.
26. PUBLIC RECORDS.Records of Recipient that are made or received in the course of performance of
the Project may be public records that are subject to the requirements of chapter 119,Fla. Stat. If
Recipient receives a public records request,Recipient shall promptly notify the District's Project
Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow
public access to all documents,papers,letters,or other materials related hereto and subject to the
provisions of chapter 119,Fla. Stat., as amended.
27. ROYALTIES AND PATENTS.Recipient certifies that the Project does not,to the best of its
information and belief,infringe on any patent rights. Recipient shall pay all royalties and patent and
license fees necessary for performance of the Project and shall defend all suits or claims for infringement
of any patent rights and save and hold the District harmless from loss to the extent allowed by Florida
law.
28. IN WITNESS WHEREOF,the St.Johns River Water Management District has caused this Agreement to
be executed on the day and year written below in its name by its Executive Director,or duly authorized
designee,and Recipient has caused this Agreement to be executed on the day and year written below in its
name by its duly authorized representatives,and,if appropriate,has caused the seal of the corporation to be
attached. This Agreement may be executed in separate counterparts,which shall not affect its validity.
Upon execution,this Agreement constitutes the entire agreement of the parties,notwithstanding any
stipulations,representations, agreements, or promises,oral or otherwise,not printed or inserted herein.
This Agreement cannot be changed by any means other than written amendments referencing this
Agreement and signed by all parties.
ST.JOHNS RIVER WATER CLAY COUNTY UTILITY AUTHORITY
MANAGEMENT DISTRICT
By: By:
Michael A.Register,P.E.,Executive Director
Typed Name and Title
Date: Date:
Attest:
Typed Name and Title
Attachments:
Attachment A—Statement of Work
Attachment B—Insurance Requirements
- 7 -
ATTACHMENT A—STATEMENT OF WORK
NORTH FLORIDA REGIONAL WATER SUPPLY PLAN PROJECT CONCEPTUALIZATION
I. INTRODUCTIONBACKGROUND
In 2017,the Governing Boards of the St Johns River Water Management District(SJRWMD)and Suwannee
River Water Management District(SRWMD)approved the North Florida Regional Water Supply Plan
(NFRWSP). The NFRWSP encompasses 14 counties, including Alachua, Baker,Bradford, Clay, Columbia,
Duval,Flagler, Gilchrist,Hamilton,Nassau,Putnam, St. Johns, Suwannee,and Union. The purpose of the
plan is to protect natural resources and water supplies in north Florida. The NFRWSP has identified
sufficient sources of water to meet the needs of the environment and the projected demands through 2035.
The water management districts have initiated planning work for the next plan update. This work is being
conducted to meet the requirements of Section 373.709 of the Florida Statutes,which requires the districts to
reevaluate their determinations concerning the need for a water supply plan at least every five years. In
addition,Minimum Flows and Levels(MFLs)are being reevaluated or in development for the Lower Santa
Fe and Ichetucknee Rivers and the Suwannee River.
The four public utilities, JEA, Gainesville Regional Utilities (GRU), St. Johns County Utility Depailiuent
(SJCUD), and the Clay County Utility Authority (CCUA), have developed independent Integrated Water
Resource Plans (IWRPs). The public utilities developed the IWRPs with planning horizons tied to projected
population growth and capital infrastructure investments.The four public utilities desire for the efforts planned
in the respective IWRPs to integrate with regional water supply development projects to protect vital
environmental resources and sustainably manage the regions water resources in perpetuity.
The water management districts and the four public utilities understand that to address the long-term
sustainability of important water resources, (such as the Lower Santa Fe, Ichetucknee, and Suwannee
Rivers), large-scale cross-district and cross-utility projects will likely be necessary. To address this need,the
water management districts and the public utilities have agreed to work together to develop this North
Florida Regional Water Supply Plan Projects Conceptualization.
Clay County Utility Authority has been awarded funding for the North Florida Regional Water Supply Plan
Project Conceptualization for the not to exceed amount as set forth in paragraph 4(a)of the Agreement. The
Recipient is located in Clay County.
II. OBJECTIVES
SJRWMD and SRWMD are working collaboratively with the region's utilities,water users and local
stakeholders to identify regional project options to help meet our water supply needs,now and in the future.
One piece of this effort is the creation of a new list of potential regional projects to meet water users' needs,
which will be included in the updated North Florida Regional Water Supply Plan. In February 2023,the
water management districts began the project solicitation phase of the planning process.As part of this effort,
the districts are currently reaching out to stakeholders in the north Florida region to help develop ideas and
concepts for new potential regional water supply,water resource development and water conservation project
options.
The Florida Department of Environmental Protection(FDEP), SRWMD, SJRWMD, along with four regional
utilities(CCUA,JEA, GRU, and SJCUD), collectively,the"Sponsors", agree to work collaboratively to
develop conceptual regional projects to sustainably address the water supply challenges facing north Florida.
The entities sponsoring this effort desire to develop sustainable solutions for the area's growing population
while also protecting the vital water resources in the region. Creating a list of potential regional projects is a
collaborative process and is based on voluntary input from area stakeholders.
- 8 -
The Sponsors define the primary objective of this effort as developing a list of potentially feasible regional
projects or programs that could be incorporated into the NFRWSP and MFL prevention/recovery strategies
for the Lower Santa Fe and Ichetucknee Rivers and the Suwannee River. The Sponsors intend for this effort
and the potential regional projects or programs developed in this effort to provide pathways for regulated
water users to participate in the regional projects or programs to address regulatory liabilities.
The specific goals of this effort(subject to revision through the workshop process) are envisioned as:
• Developing an estimate of available source water.
• Develop a suite of regional projects that could be implemented and integrated in the planning region,
considering available sources in SRWMD and SJRWMD with an emphasis on currently available
source waters from the SJRWMD.
• Formulate an"envelope"of conceptually feasible management alternatives, including regional
alternatives,that can be examined individually and/or collectively, and whose tradeoffs can be well
understood.
• Improve, as determined by the sponsors,understanding of technical benefits and risks of various
alternatives.
• Prepare a list of next steps to further develop the conceptual scopes, schedules, and budgets of the
regional projects identified.
III. SCOPE OF WORK
The Recipient shall hire a contractor to develop a final report that will detail the potential regional projects
by category(e.g., alternative water supply, conservation) and include a matrix of costs and key benefits to
facilitate comparison. Tables, figures, and photographs will be included as necessary to enhance
comprehension for each potential project.
IV. PROJECT TASKS &DELIVERABLES
The Recipient shall include in its contract the following tasks and deliverables. The Recipient will provide
SJRWMD with a courtesy copy of each deliverable upon receipt.
Task 1—Kickoff Meeting
A kick-off meeting will be held to review project goals and objectives and establish communication
protocols.
Deliverables: Meeting agenda and minutes in pdf and word format,as well as PowerPoint presentations used
during meeting.
Task 2-Compilation and Summary of Foundational Information
The water use estimates,projections, and models employed for the 2023 NFRWSP will form the baseline for
the development of regional project needs and sufficiency analysis. This task will also include collection and
review of IWRPs or other meaningful information such as wastewater discharge records and/or permits for
each utility to assist in identification of potential source waters, and collection and review of stormwater
master plans for identification of potential source waters. This task will collect and compile available and
relevant information to support the progress meetings and technical support tasks. New information will not
be generated. Information will be organized and presented based on existing data and sources which will be
cited.
Deliverables: Summary report of data that has been gathered and associated files.
- 9 -
Task 3—Government and Utility Interviews
This task includes time for individual meetings with water supply utilities and the District for input on
beneficial regional projects which may already be planned or conceptual ideas which have already been
discussed at a local or regional scale.
Deliverables: Brief technical memorandum summarizing the information gathered and its use in assessing
selected regional projects.
Task 4—Progress Meetings
Up to six progress meetings will be scheduled. The discussions which will generally focus on project
development and supporting technical analysis. Technical representatives will be identified as points of
contact for outreach concerning technical information,data gaps,and/or results of analyses. Efforts to
distribute locations of these meetings equitably based on location of the participants will be made.
Deliverables:Meeting agendas and minutes in pdf and word format, as well as PowerPoint presentations
used during meetings.
Task 5—Identification and Screening of Projects
Identify regional project options to be considered for further conceptual development. These projects should
offer economies-of-scale and be cost-effective and large enough to make a sustainable difference to the
aforementioned water resources and associated MFLs. Potential technical support tasks could evolve as the
progress meetings proceed and data needs for successfully moving to Task 6 are more precisely
identified. The following types of technical support tasks are outlined and offered,to be exercised and scaled
as needed. Some of the technical support and analysis may include:
• Review of potential source water options
• Analysis of water availability for potential alternative water supply options
• Review of project technical feasibility
• Preliminary estimates of probable cost(opinion of probable construction costs), including
design,permitting, and mitigation
• Ecological benefit to the MFLs for each project
• Estimates of long-term operations and maintenance costs
• Scenario analysis,including potential model runs for performance ranges, sensitivity
analysis, climate vulnerabilities,or other factors.
Deliverables:
• List of projects that are conceptually feasible and worthy of more detailed evaluation and individual
brief project summaries(1-2 pages) containing:
• High level estimates of potential benefits of each project to LSFI and other relevant MFLs
• Order of magnitude planning level costs for conceptually feasible alternatives for inclusion
in NFRWSP
• Identify benefits,negative impacts,tradeoffs, and risks of each conceptually feasible
alternative
• Identify areas where more information and/or more detailed evaluation is needed
• Presentation in a progress meeting that includes pros and cons for each project
- 10 -
Task 6—Refinement of Projects List from Task 5
Based on feedback,this task will include additional evaluation of projects identified in Task 5 that appear to
be environmentally,technically, and economically feasible and sustainable, and development of new
potential alternative projects not identified in Task 5.
Deliverables:
• Presentation of projects that should be further evaluated from Task 5 deliverables.
• Finalized list of projects recommended for inclusion in regional water supply plan or in applicable
recovery or prevention strategies that meets the statutory intent of 373.805 F.S.where applicable.
Task 7—Project Prioritization
Conceptual projects will be prioritized for implementation. Benefit factors to consider during prioritization
may include cost-benefit ratio,resilience aspects, ease of construction, and delivery methods, among others,
which will be discussed through the meetings outlined in Task 4.
Deliverables: Chapter for inclusion in the Final Report.
Task 8—Final Report
Based on feedback from previous tasks, a Final Report will be delivered,compiling work completed in
previous tasks. The report will be of sufficient detail for planning and budgetary purposes. The report will
detail the potential regional projects by category(e.g.,alternative water supply,conservation) and include a
matrix of costs and key benefits to facilitate comparison. Tables, figures and photographs will be included as
necessary to enhance comprehension for each potential project.
Deliverables: Final Report.
Task Deliverable Format
1 Meeting agenda and minutes in pdf and word format, as well as PowerPoint *.pdf; *.doc;
presentations used during meeting. *.ppt
2 Summary report of data that has been gathered and associated files. *.pdf
3 Brief technical memorandum summarizing the information gathered from *.pdf
Sponsors and its use in assessing selected projects. p
4 Meeting agendas and minutes in pdf and word format,as well as PowerPoint *.pdf; *.doc;
presentations used during meetings. *.ppt
5 List of projects that are conceptually feasible and worthy of more detailed *.pdf
evaluation and individual brief project summaries(1-2 pages) p
Presentation of Consultant recommendation of projects that should be further
evaluated from Task 5 deliverables.
6 Final list of projects Consultants recommends for inclusion in regional water *.pdf
supply plan or in applicable recovery or prevention strategies that meets the
statutory intent of 373.805 F.S. where applicable.
7 Chapter for inclusion in the Final Report *.pdf
8 Final Report *.pdf
- 11 -
ATTACHMENT B—INSURANCE REQUIREMENTS
Recipient shall acquire and maintain, and ensure that any sub-recipients, contractors, and subcontractors,
similarly acquire and maintain,until completion of the Work the insurance coverage listed below,which
constitutes primary coverage. Recipient shall not commence the Work until the District receives and
approves Certificates of Insurance documenting required coverage. Recipient's General Liability policy shall
include Endorsement CG 20 10 04 13, or equivalent,naming the St. Johns River Water Management District
(the"District") as Additional Insured.All required policies shall include: (1)endorsement that waives any
right of subrogation(Endorsement CG 24 04 05 09)against the District for any policy of insurance provided
under this requirement or under any state or federal worker's compensation or employer's liability act;
(2)endorsement to give the District no less than 30 days' written notice(with the exception of non-payment
of premium which requires a ten-day notice)in the event of cancellation or material change. Certificates of
Insurance must be accompanied by copies of the requested endorsements.
Any deductibles or self-insured retentions above$100,000 must be declared to and approved by the District.
Approval will not be unreasonably withheld. Recipient is responsible for any deductible or self-insured
retention.All insurance policies shall be with insurers licensed or eligible to do business in the State of
Florida and having an A.M. Best rating of A-V or greater. If any work proceeds over or adjacent to water,the
Recipient shall secure and maintain,as applicable, any other type of required insurance, including but not
limited to,Jones Act,Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to
worker's compensation insurance, and any necessary watercraft insurance,with limits not less than$300,000
each. District receipt of insurance certificates providing less than the required coverage does not waive these
insurance requirements.
(a) Workers' Compensation Insurance.Workers' compensation and employer's liability coverage,
including maritime workers' compensation, if applicable, in not less than the minimum limits
required by Florida law. If Recipient claims an exemption from workers' compensation coverage,
Recipient must provide a copy of the Certificate of Exemption from the Florida Division of Workers'
Compensation for all officers or members of an LLC claiming exemption who will be participating
in the Work. In addition,Recipient must provide a completed District"Affidavit(Non-
Construction)"for non-construction contracts. Recipient is solely responsible for compliance with
any Federal workers' compensation laws such as Jones Act and USL&H Act, including any benefits
available to any workers performing work on this project.
(b) General Liability. Commercial General Liability Insurance on an"Occurrence Basis,"with limits of
liability for each occurrence of not less than$1,000,000 for personal injury,bodily injury,and
property damage,with an aggregate of$2,000,000. Coverage shall include: (1)contractual liability,
(2)products and completed operations,and(3) property in the care, control, or custody of the
Recipient. Extensions shall be added,or exclusions deleted to provide the necessary coverage.
Recipient shall ensure that all subrecipients, contractors and subcontractors on the project shall
additionally provide coverage to include independent contractors working on the project.
(c) Automobile Liability.Minimum limits of$100,000/$300,000/$100,000.
- 12 -
Supplemental Agreement No. 12 to Professional Engineering Services Agreement
18/19 No. 3 to provide Professional Engineering Services to provide consulting services to assist
CCUA in the development of the North Florida Regional Water Supply Plan Project
Conceptualization
Engineer: Shayne H. Wood Owner: Clay County
CDM Smith. Utility Authority
4651 Salisbury Road Suite 420
Jacksonville, FL 32256
Date: October 3, 2023
Item: Description of Services:
Provide professional engineering services as
requested and identified in the attached scope of
services and fee proposal.
Task 1 Kickoff Meeting $10,000
Task 2 Compilation and Summary of Foundational $35,000
Information
Task 3 Government and Utility Interviews $20,000
Task 4 Progress Meetings $100,000
Task 5 Identification and Screening of Projects $130,000
o Task 6 Refinement of Project List from Task 5 $95,000
Task 7 Project Prioritization $70,000
Task 8 Final Report $40,000
Total Time and Material Fee Not to Exceed Without Prior Authorization $500,000
The Contract time shall commence on October 3, 2023. This document, along with the Scope and Fee
Proposal, shall become an amendment to the Professional Engineering Services Agreement and all
provisions of the Agreement will apply hereto.
Accepted by: Date:
Engineer:
Shayne H. Wood, P.E.
CDM Smith, Inc.
Accepted by: Date:
Owner:
Jeremy D. Johnston, P.E., MBA,
Executive Director
Clay County Utility Authority
CLAY COUNTY UTILITY AUTHORITY
CIVIL AND ENVIRONMENTAL CONTINUING SERVICES
RFQ 18/19 NO.3
August 4, 2023
SUPPLEMENTAL AGREEMENT NO. 12
NORTH FLORIDA REGIONAL WATER SUPPLY PLAN PROJECT CONCEPTUALIZATION
PARTNERSHIP
This Authorization,when executed, shall be incorporated in, and become part of the Agreement for
Professional Services between Clay County Utility Authority(AUTHORITY), and CDM Smith Inc.
(CONSULTANT), dated May 28, 2019, hereafter referred to as the Contract.
I. INTRODUCTION AND BACKGROUND
In 2017, the Governing Boards of the St Johns River Water Management District (SJRWMD) and
Suwannee River Water Management District (SRWMD) approved the North Florida Regional
Water Supply Plan (NFRWSP). The NFRWSP encompasses 14 counties, including Alachua, Baker,
Bradford, Clay, Columbia, Duval, Flagler, Gilchrist, Hamilton, Nassau, Putnam, St. Johns,
to Suwannee, and Union.The purpose of the plan is to protect natural resources and water supplies
in north Florida. The NFRWSP has identified sufficient sources of water to meet the needs of the
environment and the projected demands through 2035.
The water management districts have initiated planning work for the next plan update.This work
is being conducted to meet the requirements of Section 373.709 of the Florida Statutes, which
requires the districts to reevaluate their determinations concerning the need for a water supply
plan at least every five years. In addition, Minimum Flows and Levels (MFLs) are being
reevaluated or in development for the Lower Santa Fe and Ichetucknee Rivers and the Suwannee
River.
The four public utilities, JEA, Gainesville Regional Utilities (GRU), St. Johns County Utility
Department (SJCUD), and the Clay County Utility Authority(CCUA), have developed independent
Integrated Water Resource Plans (IWRPs).The public utilities developed the IWRPs with planning
horizons tied to projected population growth and capital infrastructure investments. The four
public utilities desire for the efforts planned in the respective IWRPs to integrate with regional
water supply development projects to protect vital environmental resources and sustainably
manage the regions water resources in perpetuity.
The water management districts and the four public utilities understand that to address the long-
term sustainability of important water resources (such as the Lower Santa Fe, Ichetucknee, and
Suwannee Rivers) large-scale cross-district and cross-utility projects will likely be necessary. To
address this need, the water management districts and the public utilities have agreed to work
together to develop this North Florida Regional Water Supply Plan Projects Conceptualization.
II. OBJECTIVES:
SJRWMD and SRWMD are working collaboratively with the region's utilities,water users and local
stakeholders to identify regional project options to help meet our water supply needs, now and
in the future. One piece of this effort is the creation of a new list of potential regional projects to
meet water users' needs, which will be included in the updated North Florida Regional Water
Supply Plan. In February 2023, the water management districts began the project solicitation
phase of the planning process. As part of this effort, the districts are currently reaching out to
stakeholders in the north Florida region to help develop ideas and concepts for new potential
regional water supply, water resource development and water conservation project options.
The Florida Department of Environmental Protection (FDEP), SRWMD, SJRWMD, along with four
regional utilities (CCUA, JEA, GRU, and SJCUD), collectively, the "Sponsors", agree to work
collaboratively to develop conceptual regional projects to sustainably address the water supply
challenges facing north Florida. The entities sponsoring this effort desire to develop sustainable
solutions for the area's growing population while also protecting the vital water resources in the
region. Creating a list of potential regional projects is a collaborative process and is based on
voluntary input from area stakeholders.
to
The Sponsors define the primary objective of this effort as developing a list of potentially feasible
regional projects or programs that could be incorporated into the NFRWSP and MFL
prevention/recovery strategies for the Lower Santa Fe and Ichetucknee Rivers and the Suwannee
River. The Sponsors intend for this effort and the potential regional projects or programs
developed in this effort to provide pathways for regulated water users to participate in the
regional projects or programs to address regulatory liabilities.
The specific goals of this effort (subject to revision through the workshop process) are envisioned
as:
• Developing an estimate of available source water.
• Develop a suite of regional projects that could be implemented and integrated in the
planning region, considering available sources in SRWMD and SJRWMD with an emphasis
on currently available source waters from the SJRWMD.
• Formulate a conceptually feasible management alternatives, including regional
alternatives, that can be examined individually and/or collectively, and whose tradeoffs
can be well understood.
• Improve, as determined by the sponsors, understanding of technical benefits and risks of
various alternatives.
• Prepare a list of next steps to further develop the conceptual scopes, schedules, and
budgets of the regional projects identified.
III. SCOPE OF SERVICES
The following tasks describe the scope of services to facilitate discussions and develop technical
information that will serve as a platform for subsequent collaboration and outline suggestions
for moving forward to a potential follow-on phase.
IV. TASK IDENTIFICATION
The Consultant will perform the following tasks to accomplish this scope of work. The final
deliverable of this update will include a Final Report detailing the methodology carried out for
this project and the results.
Task 1— Kickoff Meeting
A kick-off meeting including the Consultant and Sponsors will be held to review project goals and
objectives and establish communication protocols.
Deliverables
• Meeting agenda and minutes in pdf and word format, as well as PowerPoint presentations
used during meeting.
Task 2 - Compilation and Summary of Foundational Information
to The water use estimates, projections, and models employed for the 2023 NFRWSP will form the
baseline for the development of regional project needs and sufficiency analysis. This task will
also include collection and review of IWRPs or other meaningful information such as wastewater
discharge records and/or permits for each utility to assist in identification of potential source
waters, and collection and review of stormwater master plans for identification of potential
source waters. This task will collect and compile available and relevant information to support
the progress meetings and technical support tasks. The Sponsors and Consultant will not
generate new information. The Consultant will organize and present information based on
existing data and sources which will be cited.
Deliverables: Summary report of data that has been gathered and associated files.
Task 3—Government and Utility Interviews
This task includes time for the Consultant to meet individually with the Sponsors for input on
beneficial regional projects which may already be planned or conceptual ideas which have
already been discussed at a local or regional scale.
Deliverables
• Brief technical memorandum summarizing the information gathered from Sponsors and
its use in assessing selected regional projects.
Task 4— Progress Meetings
The Consultant and the Sponsors will hold up to six progress meetings. Consultant will facilitate
the discussions which will generally focus on project development and supporting technical
analysis. Technical representatives from each Sponsor will also be identified as points of contact
for outreach concerning technical information, data gaps, and/or results of analyses. Consultant
and Sponsors agree to make efforts to distribute locations of these meetings equitably based on
location of the participants.
Deliverables
• Meeting agendas and minutes in pdf and word format, as well as PowerPoint
presentations used during meetings.
Task 5— Identification and Screening of Projects
Consultant will identify regional project options to be considered for further conceptual
development. These projects should offer economies-of-scale and be cost-effective and large
enough to make a sustainable difference to the aforementioned water resources and associated
MFLs. The Sponsors and Consultant envision potential technical support tasks could evolve as
the progress meetings proceed and data needs for successfully moving to Task 6 are more
precisely identified. The following types of technical support tasks are outlined and offered, to
be exercised and scaled as needed, at the discretion of the Sponsors. Some of the technical
support and analysis may include:
to o Review of potential source water options
o Analysis of water availability for potential alternative water supply options
o Review of project technical feasibility
o Preliminary estimates of probable cost (opinion of probable construction costs),
including design, permitting, and mitigation
o Ecological benefit to the MFLs for each project
o Estimates of long-term operations and maintenance costs
o Scenario analysis, including potential model runs for performance ranges,
sensitivity analysis, climate vulnerabilities, or other factors.
SJRWMD will provide assistance in determining available water from surface waterbodies
identified as a potential sources in the SJRWMD geographic region. SRWMD will provide
assistance in determining available water from surface waterbodies identified as potential
sources in the SRWMD geographic region. Other entities may do likewise at the discretion of the
Sponsors.
The Sponsors will collaborate to provide guidance to the Consultant regarding existing
infrastructure, treatment technologies, and potential utility system and natural resource
integrations.
Deliverables (flexible based on analyses requested by the Sponsors):
• List of projects that are conceptually feasible and worthy of more detailed evaluation and
individual brief project summaries (1-2 pages) containing:
o High level estimates of potential benefits of each project to LSFI and other relevant
MFLs
o Order of magnitude planning level costs for conceptually feasible alternatives for
inclusion in NFRWSP
o Identify benefits, negative impacts, tradeoffs, and risks of each conceptually
feasible alternative
o Identify areas where more information and/or more detailed evaluation is needed
o Presentation in a progress meeting (possibly also a Phase 1 report) that includes
pros and cons for each project
Task 6— Refinement of Projects List from Task 5
Based on Sponsor feedback, this task will include additional evaluation of projects identified in
Task 5 that appear to be environmentally,technically, and economically feasible and sustainable,
and development of new potential alternative projects not identified in Task 5.
Deliverables:
• Presentation of Consultant recommendation of projects that should be further evaluated
from Task 5 deliverables.
• Finalized list of projects Consultants recommends for inclusion in regional water supply
to plan or in applicable recovery or prevention strategies that meets the statutory intent of
373.805 F.S. where applicable. (This will also be included in the report in Task 8)
Task 7— Project Prioritization
The Consultant will prioritize the conceptual projects for implementation. Benefit factors to
consider during prioritization may include cost-benefit ratio, resilience aspects, ease of
construction, and delivery methods, among others, which will be discussed through the
facilitated meetings with Sponsors outlined in Task 4. The Consultant will discuss with the
Sponsors their highest values for prioritizing regional projects.
Deliverables
• Chapter for inclusion in the Final Report.
Task 8— Final Report
Based on feedback from previous tasks, Consultant is responsible for developing a Final Report,
compiling work completed in previous tasks. The report will be of sufficient detail for planning
and budgetary purposes. The report will detail the potential regional projects by category (e.g.,
alternative water supply, conservation)and include a matrix of costs and key benefits to facilitate
comparison. Tables, figures and photographs will be included as necessary to enhance
comprehension for each potential project.
DELIVERABLES
Task Deliverable Format
1 Meeting agenda and minutes in pdf and word format, as well as *.pdf; *.doc;
PowerPoint presentations used during meeting. *.ppt
2 Summary report of data that has been gathered and associated files. *.pdf
3 Brief technical memorandum summarizing the information gathered *.pdf
from Sponsors and its use in assessing selected projects. p
4 Meeting agendas and minutes in pdf and word format, as well as *.pdf; *.doc;
PowerPoint presentations used during meetings. *.ppt
5 List of projects that are conceptually feasible and worthy of more *.pdf
detailed evaluation and individual brief project summaries (1-2 pages) p
Presentation of Consultant recommendation of projects that should be
I further evaluated from Task 5 deliverables.
6 Final list of projects Consultants recommends for inclusion in regional *.pdf
water supply plan or in applicable recovery or prevention strategies that
meets the statutory intent of 373.805 F.S. where applicable.
7 Chapter for inclusion in the Final Report *.pdf
8 Final Report *.pdf
to
ASSUMPTIONS
1. Task 2 will include review of existing available information; it will not generate new information.
2. Up to six facilitated 3-hour workshops are budgeted for Task 4. CONSULTANT envisions that two
would be held in Clay County,two in Gainesville, and two in Live Oak. JEA is also willing to host.
3. Because of the prevalence of workshops/progress meetings in the structure of this phase of work,
CONSULTANT will not hold separate meetings for administration—all these administrative needs
can be met through the workshops.
4. SJRWMD and SRWMD will make existing agency models available to CONSULTANT for analysis of
alternatives. Alternatively, SJRWMD will provide assistance in determining available water from
surface water bodies identified as potential sources in the SJRWMD area.The SRWMD will provide
assistance in determining available water from surface water bodies identified as potential
sources in the SRWMD area.
5. Tasks 5 and 6 will not evaluate the full practicality or feasibility of alternatives but will identify
conceptual ideas for achieving objectives and understanding uncertainties and tradeoffs.
6. CONSULTANT will not develop a Regional Integrated Systems Model
7. One virtual comment review workshop is budgeted to review Stakeholder comments on the draft
report and discuss comment resolutions.
8. CONSULTANT reserves the right to seek additional compensation for work performed beyond that
described in this Authorization.
TIME OF COMPLETION/SCHEDULE
It is anticipated that the work will take 8 months to complete, starting on October 1, 2023.The estimated
schedule by task is shown below. A detailed project schedule will be developed following Workshop 1.
Task Name Duration
Task 1-2 Kickoff Meeting and Compilation of Foundational 1 month
Information
Task 3-5 ' Interviews and Identification and Screening of 4-5 months
Projects
Task 6-7 Refinement of Project List and Project Prioritization 1-2 month(s)
Task 8 Final Report 1 month
COMPENSATION AND PAYMENT
CONSULTANT will complete the work described in in this Supplemental Agreement on a time and
materials basis of$500,000. Invoices will be submitted monthly based on labor hours at the contractual
to billing rates plus other direct and subconsultant costs.This upper limit will not be exceeded without prior
written authorization by the AUTHORITY. Estimated time and materials compensation for the various
tasks are estimates only, and the estimated values of the individual tasks can be exceeded, but the total
upper limit for the project cannot exceed.
Task Description Value
1 KICKOFF MEETING $10,000
2 COMPILATION AND SUMMARY OF FOUNDATIONAL
INFORMATION $35,000
3 GOVERNMENT AND UTILITY INTERVIEWS $20,000
4 PROGRESS MEETINGS $100,000
5 IDENTIFICATION AND SCREENING OF PROJECTS $130,000
6 REFINEMENT OF PROJECT LIST FROM TASK 5 $95,000
7 PROJECT PRIORITIZATION $70,000
8 FINAL REPORT $40,000
Total Time and Materials (including ODCs) = $500,000