HomeMy WebLinkAbout05.a minutes MINUTES
CLAY COUNTY UTILITY AUTHORITY
October 17, 2023
The Board of Supervisors of the Clay County Utility Authority (CCUA) met in Regular Session in the Board
meeting room at the Administrative Office of the Clay County Utility Authority, 3176 Old Jennings Road,
Middleburg, Florida, on the above-stated date.
Item No. 1 —Call to Order
Chairman Starneri called the meeting to order at 2:00 P.M.
Item No. 2—Invocation/Pledge of Allegiance
Mrs. Taylor offered the Invocation and led those in attendance in the Pledge of Allegiance.
Item No. 3—Roll Call
Roll Call was taken with Chairman Starneri, Vice-Chairman Lebesch, Mr. Petty, and Mrs. Taylor 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, Distribution & Collection
Department Superintendent David Rawlins, Assistant Chief Engineer Joe Paterniti, Procurement Manager
Angelia Wilson, Facility Manager Jim Moore, Service Availability Manager Melisa Blaney, Construction &
Inspection Services Manager Warrick Sams, SCADA Manager John McCleary, Senior Programmer Matt
Pence, Contract & Procurement Specialist Darrin Parker, and Grady H. Williams, Jr., legal counsel to the
CCUA.
Item No. 4—Employee Recognition
a. Justin Raymer-20 years
b. Jacob Crosby—5 years
c. Floyd Greer—5 years
d. Billy Loudermilk—5 years
e. Curtis Copeland—5 years
Executive Director Jeremy Johnston introduced and presented a certificate to Field Supervisor Justin
Raymer is recognition of his twenty years of service. He also provided a certificate to Water/Wastewater
Mechanic Jacob Crosby and Floyd Greer, Master Electrician Billy Loudermilk and Wastewater
Treatment Plant Operator Curtis Copeland who have been employed by CCUA for five years. Mr.
Johnston also informed the Board CCUA was awarded Best Tasting Water at the FSAWWA
competition earlier today.
Item No. 5—2023/2024 Committee Appointments
Chairman Starneri made the following Committee appointments for the 2023/2024 Fiscal Year
Audit/Finance Committee Personnel Committee
David Gardella, Chairman Anna Lebesch, Chairman
Chris McNees Amber Taylor
Andrew Petty Governor's Appointee (when position is filled)
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Item No. 6—Approval of Minutes
a. Board of Supervisors Regular Meeting, October 3, 2023
After discussion, Vice-Chairman Lebesch moved, seconded by Mr. Petty, and carried 4-0, to approve
the minutes of the Regular Meeting held on October 3, 2023.
Item No. 7—Approval of Consent Agenda
After discussion, Vice-Chairman Lebesch moved, seconded by Mrs. Taylor, and carried 4-0, to approve
the Consent Agenda as follows;
a. Approval of Financial and Operational Activities
a. Approval of Financial and Operational Activities
1) Approval of Payment of Warrants
Warrants totaling $4,390,609.54
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
g. Statement from Grady H. Williams, Jr. LL.M.
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
a. Proposed Contract Renewals for the Chemical Supplier Contract ITB# 19/20-A 15
2) Approval of Supplemental Agreements and Change Orders -None
c. Approval of Financing Requests—None
d. Approval of Contract Usage—None
e. Approval of Developer Agreements, Warranty Deeds &Easements
1) Developer Agreement CU23/24-1 — Water Service to 249 College Drive (Teameffort,
Inc.) - 1 ERC water, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC debt service - $6,782.08
2) Developer Agreement GC23/24-1 — The Rookery Subdivision Phase 1 -231 Lots (ADJ
Rookery, LLC) — 231 ERC's water, 231 ERC's wastewater, 231 ERC's reclaimed, 231
ERC's AWS, 231 ERC's SJRWMD, 231 ERC's debt service - $1,048,347.57 (deferred
$1,003,805.88)
3) Developer Agreement KU22/23-64 — Blanding Express Wash — 365 Parkridge Avenue
(Realty Income Properties 21, LLC) — 36 ERC's water, 36 ERc's wastewater, 36 ERC's
AWS, 36 ERC's SJRWMD, 36 ERC's environmental impact, 36 ERC's debt service -
$168,710.38
4) Developer Agreement KU23/24-1 — Water Service to 2637 Sunnyside Drive (Alexander
& Courtney Arciniega) - 1 ERC water, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC debt
service - $3,977.41
5) Developer Agreement SS22/23-10 — Cheswick South Amenity Center — 3116 Golden
Eye Drive (Cheswick (FL) Owner I, LLC) — 3 ERC's water, 2.5 ERC's wastewater, 2
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ERC's reclaimed, 3 ERC's AWS, 3 ERC's SJRWMD, 2.5 ERC's debt service -
$17,063.75
6) Grant of Easement — 227 Knight Boxx Road — Grantor — Halston Carnes and Shelby
Carnes
7) Grant of Easement—714 Nightingale Street—Grantor—Clay Electric Cooperative, Inc.
8) Grant of Easement— 1768 Landward Lane—Grantor—Scott& Linda Ferree
9) Grant of Easement—2158 Pine Tree Lane—Grantor—Terry& Sue Blodgett
10) Grant of Easement — 6400 County Road 214 — Grantor — John Bishop Jr. and Carol
Bishop
11) Grant of Easement—Tractor Supply—Grantor—Hanlex Orange Park LLC
Item No. 8—Customer Account Adjustments—None
Item No. 9—Business discussed at Committee Meetings -None
Item No. 10—Executive Director's Business
a. Proposed award of the contract for ITB#2022/2023-A16 LS2 and LS3 Improvements Project
Procurement Manager Angelia Wilson and Assistant Chief Engineer Joe Paterniti presented a request for
a proposed award of the contract for ITB# 2022/2023-A16 LS2 and LS3 Improvements Project. LS2
and LS3 are critical components in CCUA's wastewater collection system. Both lift stations are past the
end of their useful life and require a complete upgrade. Due to the nature of the lift station site
conditions and the condition of the existing facilities, staff determined the most cost-effective approach
is to construct new lift stations on the existing sites. Staff contracted with Four Waters Engineering, Inc
to prepare construction plans for the upgrades in accordance with CCUA's current lift station standards.
On August 10, 2023, and August 12, 2023, Staff publicly advertised the above-referenced project on the
CCUA Bonfire Procurement Portal and in the Florida Times-Union, respectively. At the October 5,
2023, Bid Opening, CCUA received three (3)bids from the following Contractors: Ferreira Construction
Company, Inc. - $4,850,550, Petticoat-Schmitt Civil Contractors, Inc. - $4,511,301, and TB Landmark
Construction, Inc, - $5,123,924. Engineer of Record, Angela Bryan, PE, LEED AP of Four Waters
Engineering, Inc., and staff evaluated the submittal for conformance with the solicitation requirements
and deemed the Petticoat-Schmitt Civil Contractors, Inc. submittal both responsive and responsible. The
low bid for this project was above the engineer's opinion of probable construction cost (OPCC) that was
used to develop the approved FY 24 Budget for this project. Staff updated the project budget and CIP
based on the latest bid information. After discussion, Vice-Chairman Lebesch moved, seconded by Mrs.
Taylor, and carried 4-0, to approve the Bid Opening Documents and execution of a contract with
Petticoat Schmitt Civil Contractors, Inc., for the construction services for a total of $4,511,301 and
approved deductive change orders and owner-direct purchase orders for the express purpose of saving
sales taxes on major materials and equipment, as authorized by the Executive Director, or his designee,
and as recommended by the Chief Engineer, as presented by Mrs. Wilson and Mr. Paterniti.
b. Proposed Professional Service Agreement and Supplemental Agreement No. 1 with CBRE, Inc.
Mrs. Wilson and Service Availability Manager Melisa Blaney presented a proposed Professional Service
Agreement and Supplemental Agreement No. 1 with CBRE, Inc. CCUA staff has engaged CBRE, a real
estate appraiser, to provide professional real estate valuations and review fee simple, easement, leased
fee, and leased hold interests of existing and proposed developments including land, mixed-use-
development. CBRE, Inc. has worked extensively with the Florida Department of Transportation
(FDOT), City of Jacksonville, Jacksonville Electric Authority (JEA), and Clay County on large-scale
right-of-way infrastructure projects which include the valuation of fee simple and easement estates for
October 17, 2023 3
proposed and existing corridors, roadway expansions, and public utility line. CBRE provides appraised
property for litigation, specifically eminent domain proceedings, and various valuation litigation
purposes, and additionally offers experience as an expert witness in counties throughout Florida. CCUA
is seeking an appraisal evaluation to establish the market value of two (2) subject sites for easements and
future land use associated with the Peters Creek Water Reclamation Facility Expansion and Pipelines
project. Staff determined the fee for professional services is fair, competitive, and reasonable. CBRE
will be paid a standard fee of$250 per hour, not to exceed $14,000.00 to provide support, as needed.
After discussion, Mr. Petty moved, seconded by Mrs. Taylor, and carried 4-0, to approve execution of
the agreement, as presented.
c. Proposed Change Order No. 2 to New Administrative Building Expansion and Site Improvement
Contract with KBT Contracting Corp.
Mr. Johnston presented a proposed Change Order No. 2 to New Administrative Building Expansion and
Site Improvement Contract with KBT Contracting Corp. KBT currently provides construction services
for the New Administration Building Expansion and Site Improvements Project. KBT encountered
difficulty obtaining permits from Clay County. Due to the six-month delay in obtaining the site permit
from Clay County, KBT submitted a delay claim on April 11, 2023. During the eight-month review
period of the submitted construction drawings, the Clay County Building Department issued comments
resulting in changes to the project scope entitling KBT to a change order. CCUA issued KBT the notice
to proceed on January 27, 2023, based upon mutual agreement of the project architect, KBT, and staff.
KBT completed the soil surcharging operation and stopped construction on March 28, 2023, because the
project had not received the Clay County Government permits for civil site and building construction.
On April 11, 2023, KBT issued a delay claim notice to CCUA. The delay claim notice referenced delay
days and daily costs due to permit issuance delays. Several challenges created the permit delays. The
first challenge appeared when the Clay County Building Department switched to a new permitting
system, which changed their departments' response time beyond 30 days. During the permitting phase,
the Clay County Building Department issued several design revision requests related to landscape
additions, a fire lane addition, and building design comments. Bhide and Hall Architects, P.A. (BHA),
Jones Edmunds and Associates (JEA), staff, and KBT worked to provide the Clay County Building
Department with required revisions, but response delays from the Clay County Government permitting
system continued. Clay County Government approved the civil site plans on April 26, 2023; however,
the building permit was not issued by the Clay County Building Department until August 11, 2023.
BHA and JEA completed design efforts without charging CCUA for the additional design services. The
design changes do represent an increase in contract time and first-time costs that KBT would be entitled
to receive. CCUA and our legal team of Bachara Construction Law have continued to mediate with KBT
and their legal team of AG Adams Law under AAA guidelines, and in conclusion of that mediation have
negotiated a change order. The change order staff presents adds 116 calendar days and increases the
contract cost not to exceed the lump sum amount of$75,546.29. We removed the design of the irrigation
system for the landscaping from KBT's contract in this change order. Per the drawings and
specifications prepared by BHA, CCUA will be required to procure a separate contractor to complete the
installation irrigation system. CCUA will seek formal approval the Clay County Building Department to
self-perform the installation of the irrigation system. CCUA's General Superintendent of Distribution
and Collection maintains a Florida Underground Utility Contractor License. Currently, staff within the
Distribution and Collection Department operate, maintain, and repair the existing irrigation system. Staff
is highly confident we can self-perform the installation of the irrigation system within the schedule
established by KBT. After discussion, Vice-Chairman Lebesch moved, seconded by Mrs. Taylor, and
carried 4-0, to approve Change Order No. 2 in the amount of$75,546.29, as presented.
October 17, 2023 4
d. Invitation to the Board of Supervisors for a tour of CCUA facilities
Mr. Johnston informed the Board staff would like to offer a tour of CCUA's facilities for them and other
interested stakeholders. After reviewing the dates proposed by staff, the members WITHOUT
OBJECTION, selected Friday, January 5, 2024, for the date of the tour. The Workshop Session tour will
be advertised as required and an invitation will be extended to CCUA's partners and local stakeholders
as well.
e. Discussion regarding upgraded delivery method of the Board of Supervisors meeting agenda
Mr. Johnston queried the members of the Board on their preference for the delivery of the agenda
package. It was the consensus of the members in attendance to have staff provide the next package in
both DropBox and via Weblink and a decision will be made at the November 7, 2023, meeting regarding
the delivery of future agenda packages.
f. Other
Mr. Johnston shared with the Board staff is currently working with CDM, Smith on the draft Rate
Study. There will be a forthcoming Change Order to their contract so they can address and
incorporate the recent loan in the study.
Mr. Johnston also informed the members he will be in Tallahassee and will not attend the next Board
meeting and at their station there is an invitation to CCUA's 1st Annual Hall-o-ween celebration on
October 27, 2023.
Item No. 11 —Legal Business
a. Other—None
Item No. 12—Old Business/New Business -None
Item No. 13 —Public Comment-None
Item No. 14— Supervisor Comments
Mrs. Taylor thanked staff for their efforts and congratulated staff on their years of service.
Vice-Chairman Lebesch echoed Mrs. Taylor's comments and shared it is an honor to serve on this Board.
Mr. Petty also congratulated staff on their years of service milestones.
Chairman Stamen congratulated staff on their milestones and for winning the Best Tasting Water competition.
Item No. 15 —Adjournment
Chairman Starneri adjourned the meeting at 2:34 P.M.
James Starneri, Chairman
Janice Loudermilk, Recording Secretary
October 17, 2023 5