HomeMy WebLinkAbout09.b EDB Clay County BTP #5 ILA EXECUTIVE SUMMARY
AGENDA ITEM:
Interlocal Agreement with Clay County(County) for the Bonded Transportation Program(BTP)No.
5 - County Road 220, from Baxley Road to Henley Road, in Clay County, Florida.
CCUA Job File No. 2024-109
CCUA Finance No. 24 018RR
Date: November 15, 2024
BACKGROUND:
CCUA staff requests approval to enter an Interlocal Agreement("Agreement")with Clay County for
the design of utility relocations within Clay County Road (CR) 220 from Baxley Road to Henley
Road Roadway Improvements project.
As part of the County's BTP, the County intends to conduct roadway widening and other
improvements along CR- 220 from Baxley Road to Henley Road. The County initially used an
alternative procurement method to perform the project, Construction Management at Risk(CMAR),
contracted with a design engineer, Jacobs Engineering (Jacobs), and a roadway contractor, Superior
Construction Inc., to complete the design and construction of the project.
CCUA maintains substantial utility infrastructure in the right-of-way and within easements in the
County's project area. This infrastructure will conflict with the County's roadway project and must
be relocated for the work to proceed. The intent of this agreement is for CCUA to combine utility
relocations with the County's roadway improvements into a single project. This arrangement will
provide design and construction efficiencies and minimize property disruption along the roadway
corridor.
The County's engineer has reached the 90 percent design completion level. Once the design is
complete,the project will be placed on hold until the funds are available to complete the construction.
The County has released the contractor from the project. The county has not provided a timeline for
moving the project to construction. The County opted to leave the construction portion out of this
Agreement. When the construction date is known, a future agreement with the County will be
required.
CCUA staff and the County developed this Agreement between the two parties as the appropriate
mechanism to allow for the finalization of the design. The Agreement provides a framework to
coordinate the design of the utility relocations using the County's design engineer and delegates
responsibilities to each respective party.
Both CCUA and the County staff and attorneys have reviewed the requirements and language
contained within the Agreement. CCUA and County staff consider this joint design project to be in
the best interests of the County's residents and CCUA ratepayers to collaborate in this way. As the
Agreement outlines, CCUA will pay the County CCUA's portion of the project design costs for the
utility work upfront. The County will request CCUA's share of the design funds for the project within
thirty (30) calendar days upon submittal of a statement therefor to CCUA by the County (currently
estimated at$81,704.13).
//JP(Author)
//AA(Review)
//PS(Final)
BUDGET:
Staff budgeted $759,800.00 for utility relocations on Clay County's BTP No. 5 - CR 220 Widening
Baxley to Henley Rd Project in the FY 25 Capital Improvement Plan(CIP). CCUA's portion of the
Opinion of Probable Construction Cost (OPCC)is $500,000.00. An updated OPCC will be obtained
once the County determines when the construction of the project will begin.
RECOMMENDATION:
Staff respectfully recommends the Board of Supervisors approve the attached Interlocal Agreement
with Clay County for the Clay County BTP No. 5, County Road 220 from Baxley Road to Henley
Road Project Utility Design.
ATTACHMENTS:
Proposed Interlocal Agreement
//JP(Author)
//AA(Review)
//PS(Final)
Clay County Agreement/Contract No. 2024/2025-
INTERLOCtL AGREEMENT
Between Clay County and The Clay County Utility Authority
Re: Road Work and Utility Work for Project 5
THIS INTERLOCAL AGREEMENT is entered into between Clay County, a political
subdivision of the State of Florida (the County), and the Clay County Utility Authority(CCUA).
WHEREAS, the County is currently engaged in the design of road work improvements for
County Road 220, from Baxley Road to Henley Road, in Clay County, Florida (the Road Work);
and
WHEREAS, CCUA desires to perform utility work improvement and relocation within the
County right of way and CCUA utility easements adjacent to any road work improvements (the
Utility Work); and
WHEREAS, CCUA desires to coordinate with the County in order that one design firm
may be retained to facilitate the design of both the Road Work and the Utility Work, collectively
referred to as the Project; and
WHEREAS, the County agrees to accommodate CCUA in this regard so that CCUA may
take advantage of the cost savings available when the Utility Work may be designed at the same
time as the Road Work; and
WHEREAS, CCUA agrees to pay the costs associated with the incorporation of the Utility
Work into the County's contract for the design of the Road Work so that all the Project work may
be completed as an integrated whole; and
WHEREAS, the Parties acknowledge that while the joint design of the Road Work and the
Utility Work benefits both parties, the Utility Work is not a County project and the County
accommodation to CCUA in adding the Utility Work design to the Road Work design is done in
the interest of efficiency and the preservation of public resources of both governmental entities;
and
WHEREAS, the Parties acknowledge that it is the intention of this Agreement to set forth
the provision for the costs associated with and attributable to the Utility Work design; and
WHEREAS,the Parties acknowledge that a separate agreement related to the coordination
of the actual construction of the Road Work and Utility Work will be necessary at a later date to
provide for payment of the construction costs of the Utility Work by CCUA; and
WHEREAS, the County and CCUA desire to establish their respective rights and
responsibilities with respect to the Project.
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NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and
conditions contained herein, and for other good and valuable consideration, the legal sufficiency
of which is admitted by the Parties, the Parties agree as follows:
ARTICLE 1. Authority, General Responsibilities, and Condition Precedent.
This Agreement is entered into pursuant to the provisions of Section 163.01, Florida
Statutes, commonly known as the "Florida Interlocal Cooperation Act of 1969", hereinafter
referred to as the Act,and all applicable portions of the Act are made a part hereof and incorporated
herein as if set forth at length herein, including,but not limited to the following specific provisions:
A. All of the privileges and immunities and limitations from liability, exemptions from
laws, ordinances and rules, and all pensions and relief, disability,workers'compensation and other
benefits which apply to the activity of officers, agents, or employees of the Parties hereto when
performing their respective functions within their respective territorial limits for their respective
agencies,shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents or employees extra-territorially under the provisions of this Agreement.
B. This Agreement does not and shall not be deemed to relieve any of the Parties
hereto of any of their respective obligations or responsibilities imposed upon them by law except
to the extent of the actual and timely performance of those obligations or responsibilities by one
or more of the Parties to this Agreement, in which case performance provided hereunder may be
offered in satisfaction of the obligation or responsibility.
C. As a condition precedent to its effectiveness, and pursuant to Section 163.01(11),
Florida Statutes, this Agreement and any subsequent amendments hereto shall be filed with the
Clerk of the Circuit Court of Clay County.
D. This Agreement shall be construed under the laws of the state of Florida,and venue
for any actions arising out of this Agreement shall lie in Clay County. If any provision hereof is
in conflict with any applicable statute or rule or is otherwise unenforceable, then such provision
shall be deemed null and void to the extent of such conflict and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
ARTICLE 2. The Project.
The design of the Road Work and the Utility Work within County Road 220 right of way
and CCUA easements from Baxley Road to Henley Road, known as Bonded Transportation
Program Project No. 5.
ARTICLE 3. Obligations of the County.
A. The County has contracted with Jacobs Engineering Group, Inc. (Consultant) for
design services necessary to develop the plan and specifications necessary to construct the Road
Work. The County agrees at CCUA's request to seek an amendment to the County's contract with
Consultant to include design services necessary to develop the plan and specifications necessary
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to construct the Utility Work.
B. The County will solely be responsible for the administration of the contract with
the Consultant. The County will provide all direction to the Consultant in connection with the
design of the Road Work or the Utility Work.
C. The County and CCUA have worked with the Consultant for a cost proposal for
the design of the Utility Work in the amount of$116,704.13 and have mutually determined the
allocation of the costs between the parties, with the County responsible for 30.270265 % of the
cost($35,326.65) and CCUA responsible for 69.729735 % of the cost($81,377.48). A copy of the
proposal is attached hereto as Exhibit A.
ARTICLE 4. Obligations of CCUA.
In addition to CCUA obligations set forth elsewhere in this Agreement, CCUA has the
following obligations:
A. CCUA agrees to pay to the County the cost for amendment to the Consultant
contract necessitated to include the Utility Work design and as set forth in Exhibit A, within thirty
(30) calendar days of written request by the County.
B. CCUA agrees to coordinate with the County and review and approve the plans and
specifications for the Utility Work at the 60%, 90%, and final design milestones.
C. CCUA agrees to designate a design representative for the Project who will receive,
review, and respond within ten(10)working days to all questions and requests from the Consultant
and the County.
D. In the event of a need for additional design services beyond those contemplated and
set forth in Exhibit A, upon notification by the County of such need, CCUA agrees to meet with
County representatives and the Consultant to determine what additional services may be
necessitated,mutually determine the proper allocation of design cost, and approve any issuance of
a contract change order to the Consultant. Upon approval of issuance of a contract change order
for the Utility Work design portion of the Project by CCUA's Project Manager, if such change
order is in an amount less than five (5) percent of the cost for the Utility Work design in the
respective contract, work may immediately proceed and no further approval is required. For any
change order for Utility Work design that exceeds such five (5)percent of the respective contract,
approval by CCUA's Board of Supervisors must be obtained prior to beginning of work. CCUA
shall reimburse the County for any expenses incurred by the County which are associated with an
approved change order to the Utility Work. CCUA agrees to pay these expenses within thirty(30)
calendar days, upon submittal of a statement therefor to CCUA by the County.
ARTICLE 5. Default or Disputes.
In the event either Party to this Agreement fails to meet any of its obligations hereunder,
the other Party may terminate the Agreement.
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ARTICLE 6. Transfer or Assignment.
Neither the County nor CCUA shall transfer or assign this Agreement, or any rights
acquired hereunder, or grant any interest,privilege, or license whatsoever in connection with this
Agreement unless first obtaining the written consent of the other Party,which consent shall not be
unreasonably withheld.
ARTICLE 7. Amendments.
Any changes in the provisions of this Agreement which are agreed to by the Parties shall
be made by formal written amendment signed by both Parties.
ARTICLE 8. Project Management.
The Project Managers for the County and for CCUA are listed below and shall be the
representative responsible for overall coordination of the Project. Either Party may change its
Project Manager upon three (3)business day's prior written notice to the other Party.
County CCUA
Richard Smith, P.E. Joe Paterniti,P.E.
Clay County Dept. of Engineering Clay County Utility Authority
P.O. Box 1366 3176 Old Jennings Road
Green Cove Springs, Florida 32043 Middleburg, Florida 32068
Telephone: 904-529-3816 Telephone: 904-213-2412
Email: richard.smith@a,claycountygov.com Email: ipaternitiAclayutility.org
ARTICLE 9. Term.
The term of this Agreement shall commence on the effective date and continue through the
completion of the Project Road Work and the completion of the associated Utility Work.
ARTICLE 10. Effective Date.
This Agreement shall commence and be effective on the date it is fully executed by the
Parties hereto.
ARTICLE 11. Audit, Access to Records, and Repayment of Funds.
Both CCUA and the County 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. CCUA and the County shall keep the records of receipts and
expenditures and copies of all invoices and supporting documentation for at least three (3) years
after expiration of this Agreement and in any event shall meet all applicable requirements for
retaining public records as required by Art. 1, Section 24, Florida Constitution, and Chapter 119,
Florida Statutes,as from time to time amended(together,the Public Records Laws). In accordance
with generally accepted governmental auditing standards, both CCUA and the County shall have
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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, CCUA and the County shall
maintain all required records until the audit is completed and all questions are resolved. CCUA
and the County will provide proper facilities for access to and inspection of all required records.
ARTICLE 12. Remedies.
The Parties will attempt to settle any dispute arising from this Agreement through
negotiation and a spirit of mutual cooperation. The dispute will be escalated to appropriate higher-
level managers of the Parties, if necessary.
ARTICLE 13. Independent Contractor.
Each Party will perform its duties under this Agreement as an independent contractor.The
Parties and their personnel will not be considered to be employees or agents of the other Party.
This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or
formal business organization of any kind.
ARTICLE 14. Further Assurances.
Each of the Parties shall cooperate with one another, shall do and perform such actions and
things, and shall execute and deliver such agreements, documents and instruments, as may be
reasonable and necessary to effectuate the purposes and intents of this Agreement.
ARTICLE 15. Waiver.
Failure or delay by either Party to exercise a right or power under this Agreement will not
be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a
writing signed by the waiving Party. An effective waiver of a right or power will not be construed
as either a future or continuing waiver of that same right or power,or the waiver of any other right
or power.
ARTICLE 16. Severability.
Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof, and any such prohibition or unenforceability
in any jurisdiction shall not invalidate or render unenforceable such provision in any other
jurisdiction.
ARTICLE 17. Electronic Signature.
The Parties agree to utilize electronic signatures and that the digital signatures of the Parties
set forth below are intended to authenticate this Agreement and have the same force and effect as
manual written signatures. Each person signing on behalf of the Parties represents and warrants
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that he/she has full authority to execute this Agreement on behalf of such party and that the
Agreement will constitute a legal and binding obligation of such party.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
set forth below.
DATE: IV Q v, 1 , 2024 CLAY COUNTY
By:
Jim Renninger
Its Chairman
ATTEST:
Tara S. Green
Clay County Clerk of ourt and Comptroller
Ex Officio Clerk to the Board
DATE: t 2024 CLAY COUNTY UTILITY AUTHORITY
.By:.)
Jeremy D. Johnston, PE, MBA
Its Executive Director
F:\Contract\ccua\County and CCUA Interlocal Agreement re Project 5 10.10.24.docx
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EXHIBIT A
Project as-CR 220 Baxley Road to Henley Road
Wet Utilities Relocation
Fee Summary—Lump Sum Tasks(Clay County Responsibility) Cost Proposal
Task 1—Project Management and Meetings (including expenses) $5,233.11
Task 2—Wet Utility Relocations $23,721.16
Task 3—Permitting Assistance—N/A(Removed by Client) N/A
Subtotal (Lump Sum Tasks 1-3) $28,954.27
Engineering Services—Time & Materials Tasks(Clay County Responsibility)
Task 2.3—Survey/Sue—Subconsultant(T2) $6,372.38
Task 4—Services During Construction—N/A(Removed by Client) N/A
Subtotal (Time&Material Tasks) $6,372.38
Clay County Overall Total (Including All Tasks) $35,326.65
Fee Summary—Lump Sum Tasks(CCUA Responsibility) Cost Proposal
Task 1—Project Management and Meetings(including expenses) $12,054.85
Task 2—Wet Utility Relocations $54,643.40
Task 3—Permitting Assistance—N/A(Removed by Client) N/A
Subtotal (Lump Sum Tasks 1-3) $66,698.25
Engineering Services—Time& Materials Tasks(CCUA Responsibility)
Task 2.3—Survey/Sue—Subconsultant(T2) $14,679.23
Task 4—Services During Construction—N/A(Removed by Client) N/A
Subtotal (Time&Material Tasks) $14,679.23
CCUA Overall Total (Including All Tasks) $81,377.48
Overall Project Total $116,704.13
Notes:
• Clay County is responsible for approximately 560 LF of water/sewer relocation(30.27%of total project length)for
a total of 30.27°,6 share in cost.
• CCUA is responsible for approximately 1,290 LF of water/sewer relocation(69.73%of total project length)for a
total of 69.73%share in cost.
• Per~itting a^.c Services During Cc-st%cticn we-e removed f-om this Proposal by Client.'
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