HomeMy WebLinkAboutR-96-46RESOLUTION NO. R-96-46
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A
COST SHARE AGREEMENT BETWEEN ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT AND THE CITY OF SEBASTIAN FOR
DEVELOPMENT AND IMPLEMENTATION OF A MUNICIPAL
SURFACE WATER DRAINAGE MANAGEMENT PLAN, SOUTH
PRONG, ST. SEBASTIAN RIVER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WItEREAS, a Cost Share Agreement has been negotiated between St. Johns River
Water Management and the City of Sebastian for development and implementation of a
Municipal Surface Water Drainage Management Plan for the City of Sebastian and the St.
Sebastian River to provide adequate drainage for the City and afford protection for natural
resources; and
VOtEREAS, former City Attorney Clifton A. McClelland, Jr, recommended revisions
that have been incorporated into the proposed agreement; and
WHEREAS, John Hill, Craven Thompson & Associates, the City of Sebastian's
stormwater consultant, and City staff recommend that City Council enter into this
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
~ AGREEMENT. The Mayor of the City of Sebastian, Indian River
County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the
City of Sebastian, the Cost Share Agreement between St. Johns River Water Management
District and the City of Sebastian, attached hereto as Exhibit "A".
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
~. SEVERAB1LITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
~. EFFECTIVE DATE. This Resolution shall take effect immediately
upon fmal passage.
The foregoing Resolution was moved for adoption by Councilmember
'9~:L/L3~ The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Couneilmember Richard J. Taracka
The. Mayor thereupon declared this Resolution duly
~/~ ,1996.
passed and adopted this ,_z)'~ day of
ATTESTi
Kathryn 1~. b~Iailo~an, CMC/AAE
City Clerk
CITY OF SEBASTIAN, FLORIDA
Louise R. Cartwdght, Mayor
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
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Conu'act g96W257
COST SHARE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND THE CITY OF SEBASTIAN
FOR DEVELOPMENT AND IMPLEMENTATION OF A MUNICIPAL SURFACE
WATER DRAINAGE MANAGEMENT PLAN, SOUTH. PRONG, SEBASTIAN RIVER
THIS COST SHARE AGREEMENT is entered into by and between the GOVERNING
BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("DISTRICT"), whose
address is Post Office Box 1429, Palatka, Florida 32178-1429, and CITY OF SEBASTIAN ("CITY"),
whose address is 1225 Main Street, Sebastian, Florida 32958.
WITNESSETH THAT:
WHEREAS, DISTRICT is a special taxing district created by the Florida Legislature and given
those powers and responsibilities enumerated in Chapter 373, Fla. Stat., whose geographical boundaries
encompass Indian River Lagoon; and
WHEREAS, approximately 90% of the surface area of CITY drains into the South prong of the
Sebastian River which flows into the Indian River Lagoon; and
WHEREAS, the Indian River Lagoon is an estuary of national significance which has enjoyed
one of the highest diversity of species in North America; and
WHEREAS, the rapid growth of CITY will intensify the rate and volume of the stormwater
runoff; and
WHEREAS, CITY needs to prepare and implement a master drainage plan which provides
flood protection and affords environmental protection to the natural resources of the State of Florida;
and
WHEREAS, DISTRICT has identified the Sebastian River watershed as a priority area in the
Indian River Lagoon which requires water quality remediation; and
WHEREAS, DISTRICT desires to assist CITY in the development and implementation of a
master drainage plan which will be consistent with DISTRICT rules and regulations, and DISTRICT's
other water management responsibilities; and
WHEREAS, DISTRICT and CITY wish to reduce to writing their understanding and
agreements.
NOW THEREFORE, in consideration of the payments here specified and which District agrees
to make, CITY agrees to furnish and deliver all materials, to do and perform all work and labor
required to be furnished and delivered, done and performed for Development and Implementation of a
Municipal Surface Water Drainage Management Plan, South Prong, Sebastian River, Contract
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Contract g96W257
#96W257. CITY agrees to complete the Work in conformity with the Contract Documents and all
attachments as defined herein and on file at the St. Johns River Water Management District. The
Contract Documents consist of the following items, including all modifications thereof incorporated in
the Documents before their execution: AGREEMENT; EXHIBIT "A" - Scope of Work; EXHIBIT
"B" - Description of Stormwater Park; EXHIBIT "C" - Project Budget; EXHIBIT "D" ~ Resolution No.
R-95-66; and all attachments hereto. All attachments and Contract documents are part of this
AGREEMENT as fully and with the same effect as if they had been set forth at length in the body of
this AGREEMENT.
ARTICLE I - PURPOSE OF AGREEMENT
The purpose of this project is to develop and implement a surface water drainage and
management plan for the City of Sebastian and the Sebastian River which provides
adequate drainage for the City of Sebastian and affords protection for the natural
resources of the State of Florida. The project is divided into three phases as follows:
Phase I includes planning and construction elements to be performed over a two-year
time frame (as two, one-year segments). These elements are briefly described below
(details provided in EXHIBIT "A").
· A City-wide surface water management plan will be developed in cooperation with
the District. Plan development will include the collection and analysis of baseline
hydrologic and water quality data to generate pollutant load reduction targets and
other design criteria, land acquisition requirements, and estimated implementation
costs.
A wetland detention treatment system and improved outlet control structure will be
constructed in the 500-acre Stonecrop drainage basin over the same two-year time
frame.
Phase II entails detailed design and cost estimates to implement CITY's surface water
management plan. The time frame for Phase 11 will be determined during negotiation of
future amendments to this Contract. The elements of this phase include:
the establishment of pollutant load reduction targets and discharge regulation
schedules that are mutually agreeable to CITY and DISTRICT,
any small-scale feasibility testing of selected stormwater treatment devices or
practices intended to meet the targets,
the final design and acquisition of permits for the stormwater treatment facilities and
conveyances (particularly the "Stormwater Park"), and
improvements of outlet structures and any water quality treatment capabilities at the
Elkcam Waterway and the Collier Creek drainage system.
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Contract g96W257
Phase III is the staged implementation of the remaining elements of CITY's surface
water management plan, particularly the "Stormwater Park", and all other facilities and
conveyances in the Sebastian Highlands and Airport areas. Because of the size of the
areas affected by the plan and the large cost to be incurred, plan implementation will
probably be staged over 10 to 15 years.
Each party to this AGREEMENT is a governmental entity which is subject to annual
budget appropriations and each party reserves the right to withdraw from the project at
the end of any fiscal year subject to the provisions of ARTICLES 111 and XXI as
appropriate.
The parties recognize this AGREEMENT establishes the responsibilities and duties of the
parties for Phase I. The responsibilities, duties and time schedule for Phases II and 121I
will be established in supplemental renewals to this AGREEMENT which will be
executed by both parties.
ARTICLE II - SCOPE OF WORK
All Work will be performed in accordance with EXHIBIT "A", SCOPE OF WORK, entitled,
"Development and Implementation of a Municipal Surface Water Drainage Management Plan, South
Prong, Sebastian River," attached hereto and by reference made a part of this AGREEMENT.
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ARTICLE Iii - SCHEDULE OF WORK AND EFFECTIVE DATE
The effective date of this AGREEMENT shall be this
__day of ..... 1996.
crrY will be required to commence the Phase I, Segment I, Work under the Contract within
fifteen (15) calendar days after the effective date of the AGREEMENT, to prosecute the
Work diligently, and to complete the entire Phase I, Segment I, Work for use within twelve
(12) months of the Effective Date of the AGREEMENT, unless the date is extended by
mutual agreement of the parties hereto. Time is of the essence.
This AGREEMENT may be renewed for Phase I, Segment II, Work in DISTRICT's Fiscal
Year 1996/97, and for Phases II & In in subsequent fiscal years, all subject to the availability
of funds and approval of DISTRICT's Governing Board and CITY. Segment II of Phase I,
and Phases II & III, will be confirmed by the issuance of Renewal Agreements. CITY shall
proceed with the Phase I, Segment II, Work only upon receipt of a Renewal Agreement.
CITY shall proceed with the Phase II Work only upon receipt of a Renewal Agreement.
CITY shall proceed with the Phase III Work only upon receipt of a Renewal Agreement.
The Scopes of Work for Segment II of Phase I, and Phases II & Ili, are briefly described in
the attached Scope of Work. Detailed scopes and budgets will be negotiated at future dates
pursuant to the provisions of ARTICLE XIV, subject to the success of the prior and/or
concurrent segments/phases.
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ARTICLE IV . TERM
This AGREEMENT shall expire at 12:00 midnight on the sixtieth day after the completion of
the Work in accordance with the date established under ARTICLE III above.
ARTICLE V - L/ABILITY AND INSURANCE
Each party to the AGREEMENT is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party and the officers, employees and
agents thereof. In addition, each party is subject to the provisions of Section 768.28, Fla.
Stat. (1995).
If CITY fails to comply with any of the terms, conditions, provisions, or stipulations of this
Contract, DISTRICT may avail itself of any or all remedies provided in the Contract and
shall have the right and power to proceed in accordance with its provisions.
Each party shall also acquire and maintain throughout the term of this AGREEMENT such
general liability, automobile insurance, and workers' compensation insurance as required by
their current rules and regulations.
CITY hereby certifies to DISTRICT that the Work to be performed pursuant to this
AGREEMENT does not and will not infringe on any patent fights.
ARTICLE VI - RESPONSIBILITIES OF CITY
CITY's Project Manager shall be Tom Frame, City Manager, or his designee.
CITY shall follow the verbal and written direction of DISTRICT's Project Manager assigned
to the work. All work authorized may be stopped by DISTRICT's Project Manager at any
point, which shall not result in loss of payment to CITY for services performed up to the time
the Work has ceased in accordance with this Contract. If CITY fails to perform under terms
of this Contract, DISTRICT may elect to have CITY cease work until corrections are made at
no additional cost to DISTRICT and with no allowance for extension of time or to terminate
if CITY fails or refuses to comply with the terms of this AGREEMENT.
CITY certifies it is an independent contractor and not DISTRICT's employee, nor are any of
CITY's employees performing work under this AGREEMENT, DISTRICT employees.
CITY shall dedicate a funding source to ensure their long<erm financial participation in the
program. Design, permitting, construction, operation and maintenance of Best Management
Practices (BMPs), outlet structures and other drainage facilities will also be the responsibility
of CITY.
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ARTICLE VII - RESPONSIBILITIES OF DISTRICT
The Executive Director designates Joel Steward as Project Manager for purposes of directing
CITY and maintaining coordination and review of the work. The Project Manager shall have
sole and complete responsibility to transmit instructions, receive information, approve
invoices, interpret and communicate DISTRICT policies and decisions with respect to all
matters pertinent to CITY's services. The Project Manager and, as appropriate, other
DISTRICT employees shall meet with CITY as necessary to provide decisions for the
duration of the Work, as well as to review and comment on interim reports. No actions
outside the Scope of Work shall be initiated by CITY without prior written authorization of
the project manager; however emergency situations requiring action within less than twenty-
four (24) hours may be granted verbally by the Project Manager and followed up in writing
within seventy-two (72) hours.
B. DISTRICT shall be available to CITY to respond to questions regarding the project.
Co
As is further specified in this AGREEMENT, DISTRICT shall provide timely reviews of any
and all invoices and deliverables related to this AGREEMENT submitted by CITY.
Upon the satisfactory completion of the Work, DISTRICT will provide a written statement to
CITY accepting all deliverables.
mo
DISTRICT will provide technical assistance relative to the BMP design, conduct appraisal
investigations of lands to be acquired for the purpose of implementing CITY's "Stormwater
Park" concept of the surface water management plan (refer to EXHIBIT "B", a description of
CITY's "Stormwater Park" concept). DISTRICT will obtain and pay for the appraisal
reports. Contingent upon CITY's confirmation of funding availability necessary for
"Stormwater Park" construction, DISTRICT will provide financial assistance in the
acquisition of the Park site. Any agreements, terms, and conditions related to the proposed
land purchase will be subject to DISTRICT's Governing Board approval as customary in all
other DISTRICT acquisitions.
ARTICLE VIII - NON-WAIVER OF DISTRICT AUTHORITY
Nothing herein shall be construed as a waiver of or contract with respect to the regulatory and
permitting authority of DISTRICT as it now or hereafter exists under applicable laws, roles and
regulations.
ARTICLE IX - DELIVERABLES
Deliverables: CITY shall deliver all services, products, and deliverables as stated in the
Contract.
REPORTS: CITY shall submit quarterly reports to DISTRICT's Project Manager in a form
approved by the Project Manager. In addition to hard copies, all written deliverables
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Contract ~96W257
(reports, papers, analyses, etc.) shall be submitted in machine readable form in formats
consistent with DISTRICT's standard software products. DISTRICT's standard office
automation products include the Microsoft® Office Suite (WORD, EXCEL, ACCESS, and
POWERPOINT). Other formats may be accepted, if mutually agreed upon by DISTRICT's
Project Manager and Chief Information Officer.
ARTICLE X - COMPENSATION
Amount of Funding: For satisfactory performance of the Work outlined in the Contract,
DISTRICT agrees to pay CITY a sum in the amount not to exceed $65,000 for Phase I,
Segment I.
Invoicingt Procedure: All invoices shall reference the Contract Number provided on the
first page of this AGREEMENT and shall be submitted to Director, Division of Finance and
Accounting, P. O. Box 1429, Palatka, Florida, 32178-1429. CITY shall submit itemized
monthly invoices based upon the actual work performed and shall bill as per the Project
Budget included in EXHIBIT "C." Invoices which do not correspond to the Project Budget
will be returned to CITY without action.
Payment: DISTRICT shall pay CITY ninety percent (90%) of each invoice within thirty
(30) days of approval. DISTRICT shall retain ten percent (10%) of each approved invoice
amount until the completion of all work and final acceptance of the Final Report by
DISTRICT's Project Manager. Payments due and unpaid under this AGREEMENT shall not
bear interest. If CITY fails to complete the Work in a timely manner, and deliver all
materials as provided for in the Contract Documents, DISTRICT may elect to withhold the
retainage to offset costs incurred by DISTRICT because of CITY's failure to complete the
Work on time.
Travel: Travel expenses must be submitted on DISTRICT or State of Florida Travel Forms.
DISTRICT shall pay CITY all travel expenses pursuant to DISTRICT Travel Policy, attached
hereto, and by reference made a part hereof. Travel expenses shall not be considered
additional compensation, but shall be drawn from the amount provided in the Project Budget.
Release: CITY agrees that acceptance of the payment, shall be considered as a release in full
of all claims against DISTRICT or any of its members, agents, and employees, arising out of,
or by reason of, the Work done and materials furnished under this AGREEMENT. Prior to,
or in conjunction with final payment, DISTRICT shall review and determine that CITY has
fully and satisfactorily completed the required Work under this AGREEMENT. If
DISTRICT determines that CITY has complied with the terms and conditions of this
AGREEMENT, then acceptance of final payment by CITY shall be considered as a release in
full of all claims by DISTRICT against CITY, or any of its members, agents and employees,
arising out of, or by any reason of, the Work to be done and materials furnished under this
AGREEMENT.
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ARTICEE XI - FUNDING
This AGREEMENT is subject to the availability of funds from an annual appropriation by
the Florida Legislature to the SWIM Trust Fund, as provided for in Chapter 87-97, Laws of
Florida, and Rule 17-43, Florida Administrative Code, for the payment hereof. Should the
project not be approved for funding by the SWIM Trust Fund, or if approved should funds
sufficient to cover the costs of this AGREEMENT not be placed into the SWIM Trust Fund
and be made available to DISTRICT, then this AGREEMENT shall be null and void and
DISTRICT shall not be obligated to CITY in any sum.
If, after the effective date of the AGREEMENT, should funding by the SWIM Trust Fund
terminate, DISTRICT may terminate this AGREEMENT upon thirty (30) days written notice
to CITY and shall be liable only for such costs as actually incurred by CITY up to the date of
termination.
ARTICLE XII - OWNERSHIP OF DOCUMENTS
Ownership and copyright to all reports and all accompanying data (in all formats) produced
pursuant to this AGREEMENT shall be vested in DISTRICT and CITY. CITY shall include language
in all subcontracts which clearly indicates that Ownership and Copyright to all materials produced
pursuant to this AGREEMENT shall remain with DISTRICT and CITY.
ARTICLE XiII - SUBCONTRACTING
CITY shall not sublet, assign, or transfer any work under this AGREEMENT without the
written consent of DISTRICT. When applicable, and upon receipt of such consent in
writing, CITY shall cause the names of the firms responsible for such portions of the work to
appear on the work.
CITY agrees to notify DISTRICT of all subcontracts no less than ten (10) calendar days prior
to the effective date of the subcontracts for the purpose of approval. CITY agrees to provide
DISTRICT with an executed copy of all subcontracts within ten (10) calendar days after the
effective date of the subcontract.
CITY agrees to be responsible for the fulfillment of all work elements included in the
subcontracts and agrees to be responsible for the payment of all monies due under any
subcontract and hold DISTRICT harmless from any liability or damages arising under or
from any subcontract to the extent allowed by law. Nothing in this AGREEMENT shall
create any contractual relationship between any subcontractor and DISTRICT.
It is hereby acknowledged that CITY has procured the engineering services of Craven
Thompson & Associates, Inc., to develop CITY's stormwater drainage management plan,
which includes a portion of the work to be accomplished under this AGREEMENT.
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ARTICLE XIV - CHANGES IN SERVICE REOUIREMENTS
DISTRICT and CITY may at any time, by mutual written agreement in the form of an
amendment to this AGREEMENT, make changes within the general scope of this AGREEMENT in
the services or work to be provided. Neither party to this AGREEMENT shall unreasonably withhold
consent to any written amendment to this AGREEMENT.
ARTICLE X¥ - iNTEREST OF CITY
Unless otherwise declared in an addendum, CITY certifies that no officer, agent, or employee
of DISTRICT has any material interest (as defined in Chapter 112, Fla. Stat., as amended) either
directly or indirectly, in the business of CITY to be conducted here, and that no such person shall have
any such interest at any time during the term of this AGREEMENT.
ARTICLE XVI - ASSIGNMENT
CITY shall not assign the Contract or sublet it as a whole without the written consent of
DISTRICT nor shall CITY assign any moneys due or to become due to it hereunder, without the
previous written consent of DISTRICT.
ARTICLE XViI - CANCELLATION
Each party to this AGREEMENT reserves the right to unilaterally cancel this AGREEMENT
for refusal by the other party to allow public access to all documents, papers, letters, or other material
related to this AGREEMENT and subject to the provisions of Chapter 119, Fla. Stat., as amended.
ARTICLE XVIII - AUDIT: ACCESS TO RECORDS
CITY agrees that DISTRICT or its duly authorized representatives shall, until the expiration
of three (3) years after expenditure of funds under this AGREEMENT, have access to
examine any of CITY's books, documents, papers, and records involving transactions related
to this AGREEMENT. CITY agrees that payment(s) made under this AGREEMENT shall
be subject to reduction for amounts charged which are found on the basis of audit
examination not to constitute allowable costs.
CITY shall refund by check, payable to DISTRICT, the amount of any reduction of
payments. All required records shall be maintained until an audit has been completed and all
questions arising from it are resolved or until three (3) years after completion of the Work
and submission of a final invoice, whichever is sooner. CITY will provide proper facilities
for access to and inspection of all required records.
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ARTICLE XIX - CIVIL RIGHTS
Pursuant to Chapter 760, Fla. Stat., CITY shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin, age, handicap or
marital status.
ARTICLE XX - NON-LOBBYING
Pursuant to Section 216.347, Fla. Stat., CITY hereby agrees that monies received from
DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any other
state agency.
ARTICLE XXI - TERMINATIONS
This AGREEMENT may be terminated for any reason by either party upon thirty (30) days
written notice to the other party provided CITY shall receive compensation for the work it has
performed under the AGREEMENT to the date of termination..
ARTICLE XXII - GOVERNING LAW/ATTORNEYS' FEES
This AGREEMENT shall be construed and interpreted according to the laws of the State of
Florida. In the event of litigation between the parties arising from or pertaining to this AGREEMENT,
the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorneys'
fees and costs.
ARTICLE XXIII - CONSTRUCTION OF AGREEMENT
This AGREEMENT shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it
being recognized that both parties, DISTRICT and CITY, have conthbuted substantially and materially
to the preparation hereof.
ARTICLE XXIV - ENTIRE AGREEMENT
This AGREEMENT upon execution by CITY and DISTRICT, and the contract documents
constitute the entire Agreement of the parties. The parties are not bound by any stipulations,
representations, agreements, or promises, oral or otherwise, not printed or inserted in this
AGREEMENT. CITY agrees that no representations have been made by DISTRICT to induce CITY
to enter into this AGREEMENT other than as expressly stated by this AGREEMENT. This
AGREEMENT cannot be changed orally, nor by any means other than written amendments referencing
this AGREEMENT and signed by all parties.
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SEBASTIAN RIVER BASIN
GENERAL LOCATION MAP
[] Sh,d~ Ama
.... City of Sat:ra~an
Contract g96W257
IN WITNESS WHEREOF, the ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT has caused this contract to be executed in its name by its Chairman, attested to by its
Secretary, and CITY OF SEBASTIAN, has caused this contract to be executed in its name by its
duly authorized representatives, all on the day and year first above written.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
CITY OF SEBASTIAN
Wil(~~,jlI Chairman
Attest: ~[~' t'l,-~ ~_~.
Otis A. Mason, Secretary
Louise R. (2artwright, MaWr
Kathryn 'M. O'Halloran, Cit5 Clerk
APPROVED BY THE OFFICE OF
GENERAL COUNSEL
~;~ ~tSeernl~iAanS :~;}n?n~ ;:}mC. cO~ n se i
APPROVED AS TO LEGAL FORM
Clifton A. McClelland, Jr.
City of Sebastian
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EXHIBIT "A" - SCOPE OF WORK
DEVELOPMENT & IMPLEMENTATION OF A SURFACE WATER
DRAINAGE MANAGEMENT PLAN FOR THE CITY OF SEBASTIAN
I. INTRODUCTION
High quantities of suspended matter and nutrients and occasional large freshwater discharges in
the Sebastian River/Indian River Lagoon (IRL) system are identified as major water quality
problems (IRL SWIM Plan, 1994; Windsor and Steward, 1987). The inputs of nutrients and
suspended matter produce levels of turbidity and algal growth (both epiphytic and planktonic)
that can restrict incoming sunlight required by seagrasses in the IRL (DISTRICT, unpublished
data; Kenworthy and Haunert, ed., 1990). Seagrasses constitute a critical habitat in the Lagoon
system and are an important source of primary production. Yet, seagrass coverage, especially
maximum depth coverage, in the Sebastian area of the IRL has been in general decline
(Woodward-Clyde, 1994). Additionally, excessive discharges of fresh water frt)m the Sebastian
River can cause precipitous drops in salinity in the IRL that threaten the hard clam fishery (IRL
SWIM Plan, 1994). DISTRICT identifies the Sebastian River watershed as a priority area in the
IRL basin in need of water quality remediation (IRL SWIM Plan, 1994).
The Sebastian River watershed is approximately 114 square miles, one of the largest watersheds
in the Indian River Lagoon basin. The Sebastian watershed is divided into four major drainage
areas: the lower estuarine reach of the river extending two miles upriver from the confluence
with the LRL, the North Prong, the West Prong (C-54 and Fellsmere Canal), and the South Prong.
The South Prong comprises a little over half of the Sebastian watershed and includes lands
within Indian River County (e.g., Vero Lakes Estates), Sebastian River Water Control District,
and the City of Sebastian. DISTRICT is in the process of developing a comprehensive surface
water plan whose objectives include the management of controlled discharges and municipal
drainage to South Prong in accordance with seasonal salinity targets and load reduction targets
for nutrients and total suspended matter.
CITY is the first jurisdictional entity in the watershed to officially affirm its desire to work
cooperatively with DISTRICT on the development of salinity and pollution load targets for South
Prong, and implement a municipal drainage plan to help achieve those targets and other
environmental, flood protection, and recreational benefits (refer to EXHIBiT "D," CITY
Resolution R-95-66). The City of Sebastian covers 9,000 acres and is currently 50% developed,
mostly residential (Figure 1). Approximately 90% of CITY drains to South Prong via Collier
Creek, Elkcam Waterway canal, and the Stonecrop basin. CITY experiences flooding due to
inadequate drainage and expects flood risk and runoff will increase with development. CITY and
DISTRICT would like to minimize flood risk while ensuring proper water quality treatment of
stormwater and base-flow drainage. Therefore, CITY and DISTRICT agree to enter into a
technical and financial partnership for the completion of a municipal drainage treatment plan that
would serve to meet the objectives of both DISTRICT and CITY. Accordingly, DISTRICT is
providing partial funding support to CITY for plan development and implementation based on
the purpose, contractual intent, and scope of work stated below.
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Contract g96W257
Purpose of Project and Contract
The project's primary purpose is to achieve pre-determined reductions in freshwater discharges
and annual loadings of total nitrogen (TN), total phosphorus (TP), and total suspended matter
(TSM) from CITY's municipal drainage system to the South Prong of Sebastian River and
provide CITY with a surface water drainage and management system. DISTRICT is responsible
for establishing technically defensible freshwater and pollutant load reduction goals for South
Prong and the Sebastian River, and encourages CITY to review the methods and recommended
targets..The targeted reductions will then be allocated among the major sources of input to the
South Prong, namely CITY, Sebastian River Water Control District, and Indian River County.
Most of the urban development in the South Prong drainage area is found within CITY and is
believed to be a principal nonpoint source of nutrient and TSM loadings to the river. As such,
CITY will be allocated a percentage of the targeted pollutant load reductions and be responsible
for its achievement. Toward that end, the cooperative project with CiTY is an essential
component of the comprehensive surface water management plan for the South Prong and the
Sebastian River overall.
Contractual Intent and Schedules
The project is intended to be contracted and conducted in three phases in coordination with a
-$500,000 EPA-funded program [319(h) Nonpoint Source Program]. Completion of Phase I is
the immediate concern of DISTRICT and CITY, and it is scheduled over a 2-year time frame.
DISTRICT funds budgeted this fiscal year will cover only Segment I of Phase I (first 12 months).
If adequate funds are available in subsequent fiscal years, DISTRICT will consider amending this
contract to complete Segment II of Phase I (second 12 months), as well as components of Phases
II & iii, which will be specified under furore amendments to the AGREEMENT.
Phase I will be described in some detail in this scope of work. Phases II and III will be briefly.
described -- no detailed tasks or schedules at this time. It is anticipated that Phases II and III will
be sufficiently scoped later in future amendments to this contract.
Phase I includes the following elements:
Initiation of hydrologic and water quality monitoring and modeling of CITY's
major drainage areas;
Development of CITY-wide surface water management plan in cooperation with
DISTRICT, including preliminary pollution load reduction targets, land
acquisition requirements and estimated implementation costs; and
· Construction of a wetland detention treatment system and an improved outlet
control structure in the 500-acre Stonecrop drainage basin.
Phases II and III constitute implementation of the remaining plan elements:
· Continued monitoring and establishment of pollution load reduction targets that
would be mutually agreeable to CITY and DISTRICT;
Small-scale feasibility testing of selected BMP devices or designs;
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Improvement of any water quality treatment capabilities at the Elkcam Waterway
and of the Waterway's outlet structure;
Improvement of the Collier Creek drainage system and its outlet structure;
Installation of upstream BMPs in any or ail of the major drainage areas (Collier,
Elkcam, Stonecrop, etc.); and
Final design and construction of other stormwater facilities within CITY,
particularly CITY's "Stormwater Park". DISTRICT and CITY have agreed to
specific commitments related to the "Stormwater Park" and addressed in this
AGREEMENT (refer to Article VI - Responsibilities of City and Article VII -
Responsibilities of District).
II. OBJECTIVES -- PHASE i
Phase I of this project entails the development of a municipal stormwater drainage management
plan, initiation of its monitoring objectives, and construction of the drainage treatment system in
the Stonecrop basin. Phase I, overall, has a 2-year time frame. There are 1st year objectives
(Segment I) and 2nd year objectives (Segment II) under Phase I. These objectives are described
below.
A. Phase I, Se~ment I (lst Year Objectives):
Describe and implement a monitoring program to quantify average dry season
and wet season flows, and TN, TP, and TSM loadings from the major drainage
areas. The purpose of the monitoring is to: (a) quantify current, dry season and wet
season loadings from the major drainage areas (3 to 4), (b) calibrate and verify any
one of a number of loading simulation models (to be mutuaily agreed upon by
DISTRICT and CITY), and (c) quantify and evaluate the pollutant removal
efficiencies of the recommended BMPs using the chosen model.
It is expected that the monitoring would immediately commence following
development of a monitoring plan and the monitoring plan would be completed and
submitted to DISTRICT by 2 months following contract execution.
Select, set up, and calibrate a suitable model to estimate annual and storm event
TN, TP, and TSM loadings from CITY's major South Prong drainage areas
(e.g., spreadsheet-type model similar to DISTRICT's Pollution Load Screening Model
or the LOADSIM model developed for Turkey Creek/MTWCD by Ashok Pandit).
Results are not expected to be final until the end of the 2nd year of Phase I; however,
some preliminary results can be submitted at the end of the 1st year. First year results
should include quarterly data reports for any monitoring that occurred in 1996 and
1997, and model set up and initial model calibration. Within the 2nd year, the model
should be fully calibrated (verified) and used to test the pollutant load removal
efficiencies of BMPs and select the most appropriate BMPs (see objectives 3 and 4
below).
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FIGURE 2
,{
Contract g~)6W257
Recommend and describe structural and non-structural upstream BMPs
(relatively small in scale) and larger scale BMPs (e.g., Stonecrop wetland detention
system, any increase in storage or detention/retention system(s) in the Elkcam
Waterway drainage area, etc.). The BMPs selected would be applied to the treatment
of storm and non-storm drainage quality, and will be model-tested to meet the TN,
TP, and TSM reduction targets set for each of CITY's major drainage areas. Some of
the recommended BMPs would be feasibility-tested in Phase II as demonstration
projects.
Develop CiTY master surface water management plan. The plan will include an
established Level of Service (LOS) for flood protection; structural and non-structural
BMP recommendations specific to each major drainage area that would meet the
LOS, but be flexible in design to be able to meet pending pollutant load reduction
criteria (ranges of expected load reductions should be incorporated in the design);
land acquisition, construction and other implementation elements necessary to install
or construct the BMPs; schedule and estimated costs of plan implementation; and
identification of financing mechanism(s).
CITY will be required to dedicate a funding source to ensure their long-term financial
participation in the program. Design, permitting, construction, operation and
maintenance of BMPs, outlet structures and other drainage facilities will also be the
responsibility of CITY.
DISTRICT will provide technical assistance relative to BMP design, conduct
appraisal investigations of lands to be acquired for the purpose of implementing
CITY's "Stormwater Park" concept of the surface water management plan (refer to
EXHIBIT "B", a description of CITY's "Stormwater Park" concept), and obtain and
pay for the appraisal reports. Contingent upon CITY's confirmation of funding
availability necessary for "Stormwater Park" construction, DISTRICT would provide
financial assistance in the acquisition of the Park site. Any agreements, terms, and
conditions related to the proposed land purchase will be subject to DISTRICT's
Governing Board approval as customary in all other DISTRICT acquisitions.
Design and complete the initial stages of construction of the Stonecrop wetland
detention and outlet control system. This project will serve as a stormwater
treatment system for a 500-acre urban basin that drains into the South Prong (Figure
2). The treatment system will have an adjustable control structure at the outlet of a ~7
acre detention basin that will include deep-pool settling and wetland treatment
features. Because of the high water table in the basin, the Stonecrop system will also
handle constant "bleed-off" or daily base flows.
In Phase [, Segment I (lst year), CITY will complete detailed design of the Stonecrop
basin site plan, obtain permits, and construct the initial stage of the project (e.g., inlet
energy dissipators, inlet pool, discriminate clearing and grading of the low-lying areas
of the basin to encourage growth of preferred, native wetland plants). Completion of
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Contract g96W257
the project (e.g., adjustable outlet structure) will occur in Phase I, 2nd year, contingent
on available funds.
B. Phase I, Segment ii (2nd year Objectives):
Complete construction of the Stonecrop stormwater treatment system and outlet
structure. Designs and construction schedules for Elkcam and Collier BMP systems,
and the central "Stormwater Park" will be based on pollution load targets mutually
agreed upon by CITY and DISTRICT.
The pollution load assessment model should be fully calibrated by the end of the
2nd year, Phase I. Additionally, all proposed BMPs (small and large) should be
model-tested (refer to objectives 2 and 3 above). Small-scale BMPs should be field-
tested in Phase II (BMP feasibility phase). Field testing (Phase II) can be initiated
in the 2nd year and completed in the 3rd year.
Phase III planning can also be initiated in the 2nd year -- general design and
estimated construction schedule for the "Stormwater Park", and other BMP
sites within the Collier and Elkcam drainages. The Phase III plan will basically
include a final best-estimate schedule (based on a prioritization of projects) and
budget for detailed engineering design work, construction, operation and
maintenance.
o
Seek mechanism(s) for funding or financing Phase II and III. It would be to
CITY's benefit to establish funding mechanism(s) by the 2nd year following
execution of this contract.
Phase I, Segment I, Objectives gl - g3 will be fully addressed by the end of the first year. The
monitoring program will be designed and implemented in the first year with implementation
continuing into future years and phases as necessary. Objective g4 will be fully addressed by the
end of Phase i, Segment II (2nd year); however, certain tasks to define the LOS, specific BMPs,
and estimated costs for land acquisition and construction can be completed in the 1st year.
Objective g5 (Stonecrop basin) will be initiated in Phase I, Segment I (the 1st year), and
completed in Phase I, Segment II (the 2nd year) as Objective g6. Objective g7 (design and
estimated construction schedule) and Objective g8 (funding sources or mechanism established)
shall be in place by the end of second year or within first half of the third year.
Phase 11 will involve small-scale construction and removal efficiency evaluation of selected
treatment designs and BMPs. Phase II could start in the second year (overlapping Phase I) with a
time frame of two years. Phase III will be CITY's large-scale effort toward full implementation
of the plan. Although not required by this AGREEMENT, Phase m could conceivably be part of
CiTY's longer term, drainage capital improvements plan.
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Contract g96W257
III. TASKS AND PRODUCTS
The scope of the proposed project includes, at a minimum, the tasks and products described
below. The tasks and products are discussed in association with the objectives that they address.
A. Phase I, Segment I (lst Year Obiectives):
Objective 1. Development of a surface drainage water quality monitoring program.
Task A. Develop a hydrologic and water quality monitoring plan for quantifying
the loadings of TN, TP, and TSM from representative sub-drainage areas.
Monitoring data will help quantify seasonal and annual loading rate and assist in
the evaluation of BMP removal efficiency factors. The monitoring program
would be designed to enable evaluation of pre-BMP and BMP conditions.
Products: (1) A document that describes the monitoring plan: station
locations, monitoring time frame, parameters, frequency of collection,
responsible laboratory (with a DEP-approved QA/QC plan), data analysis
methods, schedule for data analysis and interpretive report including
calibration/verification of model, and monitoring program costs.
(2) Quarterly data reports.
Objective 2. Select, set up, and calibrate a pollutant load assessment model.
Task B. Develop a model that will enable CITY and DISTRICT to (1) estimate
loading rates of TN, TP, and TSM (annual, seasonal, and storm events) based on
land use, soils, etc. and can be calibrated with monitoring data on loadings
(concentration X flow); and (2) assess BMP types with respect to their load
reduction efficiency (BMP removal efficiency factors are found in the literature).
Products: (1) Quarterly progress reports on model development and
any preliminary model results.
(2) Copies of any agreements with sub-contractors hired by
CITY or its contractors to develop the model or provide any services
related to monitoring or model development.
Objectives 3 and 4. Storm and Non-storm drainage water quality treatment designs or
BMPs (non-structural and structural solutions) and development of the master surface
water management plan
Task C. Establish consensus with DISTRICT on preliminary reduction targets for
each city drainage area (mass/acre/yr) based on overall Sebastian watershed
preliminary PLRGs for freshwater, TP, TN, and TSM. Reduction targets will be
established for the following drainage areas: Elkcam Waterway, Collier Creek,
Stonecrop, and other CITY drainage areas of the South Prong or indian River
Lagoon.
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Contract g96W257
[These targets will be re-evaluated based on modeling and feasibility analyses
performed in Phase I, Segment 11 (2nd year), and under Phase ff. After which, the
reduction targets will be finalized by agreement between CITY and DISTRICT (in
Phase III).]
Product: A letter confirming the preliminary reduction targets, established
by mutual consent, will be sent from CITY to DISTRICT project manager.
Task D. Based on the drainage area load reduction targets, CITY will model-test
and recommend non-structural BMPs and structural modifications of municipal
drainage systems including the "Stormwater Park" and other stormwater facilities
or control structures.
Product: A document containing non-structural/structural BMP
evaluation methods, recommendations for surface drainage treatment or
BMP alternatives in each of the drainage areas, and a brief discussion on
the next series of steps necessary to install or construct the BMPs.
Task E. By the end of Phase I, Segment I (lst year), CITY will submit a draft
master surface water management plan.
Product: A draft plan document that contains surface water
management goals and objectives (e.g., LOS for flood protection, water
quality objectives or load reduction targets), major plan elements to
achieve the objectives and goals (BMP concepts for stormwater
management in each of the major drainage areas, land acquisition needs,
specific responsibilities of CITY and DISTRICT, etc.), an estimated
schedule and costs for completion of the major elements of the plan as
well as the steps that remain to be completed toward full development of
those major plan elements through Phase 11 (e.g., information compilation/
analysis, monitoring, modeling efforts, evaluation of BMPs). A
preliminary budget broken down to the various plan elements should also
be included, along with a description of probable funding sources or
financing strategy (e.g., utility).
Objective 5. Stonecrop basin drainage treatment facility construction, 1st stage.
Task F. by the end of Phase I, Segment I (ist year), CITY will have completed
the initial stage of the Stonecrop facility construction.
Product: Construction of initial stage of the Stonecrop basin facility
that may include the inlet dissipators, inlet pool, and the cleating and
grading of the wetland treatment area. A brief report with photographs
that describes the project and provides evidence of completion.
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Con~act 006W257
IV.
CONTRACT SCHEDULE -- PHASE I~ SEGMENT I, FIRST YEAR
[--Phase i,Year 1 ......... ][--Phase I,Year 2 ........ ]...Phase I1.
BMP pilot projects, etc.
1996 1997 1998
Qtrs: 3rd 4thl 1st 2nd 3rd 4thl 1st 2nd .......
Contract negotiations: March - May
Contract execution: June
Objectives and Tasks
Objective 1. Hydrologic and water quality monitoring program
Monitoring plan
Task A. - ..... O ..... ,---, ...... , .... A
Objective 2. Model Development
Selnct model
Task B.
Objectives 3 & 4.
Task C.
Task D.
Task E.
(3 quarterly data reports,)
-O ....... · .... , ..... , .... A (3 progress reports,, copies of any subcontracts)
Pollution load reduction targets and draft master plan
.................... A prelim, reduction targets
.................... > prelim, eval. of BMPs (literature review, etc.)
............................ A recommendations for conceptual BMPs
............................ A draft master plan (targets, plan elements, schedule,
est. costs)
Objective 5. Stonecrop basin drainage treatment facility
Task F.
...... /x Detailed designs
.......... A permits obtained, subcontractors hired
.......... A construction of 1st stage
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Contract g96W257
EXHIBIT "B" - DESCRIPTION OF THE "STORMWATER PARK"
PROPOSED FOR THE CITY OF SEBASTIAN
AND SOUTH PRONG. SEBASTIAN RIVER
The "Stormwater Park" is an important element, but one 6f many, and all must work together in a
complete system to manage and treat the quality of surface water drainage. The "Park" concept
was developed synergistically, beginning with input from the citizens of Sebastian, then from the
suggestions of many sources including the St. Johns River Water Management District and
SWIM Program.
Together, staff scientists and engineers from DISTRICT and Sebastian's consultant, Craven
Thompson & Associates, Inc. (CTA), are developing the details of the "Park" concept in
conjunction with the many elements of Sebastian's master drainage management plan (e.g.,
Elkcam Waterway Dam, Collier Creek Outlet, Stonecrop Basin and Outlet, and other conveyance
structures). The location and size of the "Park" is ideal: >500 acres of undeveloped land,
centrally located in the City of Sebastian (Sebastian Highlands residential subdivision), and
surrounded by the major canal network (Figure A). It has some drainage-diminished wetland
areas that can be restored and enhanced. A large portion of Sebastian can be served by this
stoi'mwater treatment facility; other areas of Sebastian, including the airport, industrial zone, and
the waterfront can be readily served with smaller treatment and storage facilities.
The preliminary concept for the "Stormwater Park" calls for four'major uses:
Retention: for treatment of stormwater by settling and biological action
Restoration: of wetland areas, increasing the actual wetlands in the park site
Recreation: fishing, canoeing, environmental observation and learning
Recharge: returning as much water to the aquifer as possible
The components of the "Park" now envisioned include:
-Berming the site to retain the runoff, pumping stations for runoff input
-A series of treatment ponds leading the runoff to open water of perhaps 250 acres
-Wetland and littoral areas with surrounding uplands
-Public access areas for walking or cycling, with educational signage
-Public access for fishing (pier, bank, and/or boat)
This size of facility is ideal for the drainage basin; it is about 10% of the basin. With careful
design, it can accommodate the desired i" retention, or about 550 acre~ft for treatment. In
addition, if so designed, the park can accommodate the 100-year storm event, or about 5,000
acre-ft. This would not only provide vital flood relief for Sebastian, but reduce the peak outflow
to the South Prong by over 90% during a 72-hour event.
For conceptual planning purposes, CTA estimates that the site development and pump station
costs will total some $4 million (excluding land acquisition costs). Although CTA suggests that
Sebastian seek full assistance in the form of grants-in-aid, CTA projects 50% of these costs into
the capital improvements budget.
Page 19 of 20
FIGURE A
Proposed Loca ~ion of
· ·
~ o£ ~_qebas~ian
Con~act g96W257
EXHIBIT "C" - BUDGET
PHASE I, SEGMENT I, lst..YEAR
TASK # TASK DESCRIPTION
CITY
DISTRICT
TOTAL
A ........... Hydrologic and Water
Quality Monitoring
B
Model Development
C,D,E
Reduction Targets, BMP
Evaluation, Stormwater
Management Plan development
$ 16,000
$ 25,OOO
$ 155,000
$ 20,000~
$ 10,0001
$ i0,0001
$ 36,000
$ 35,000
$165,000
F
Stonecrop basin design, permits,
construction of 1 st stag_e,
$16~.2.,0003
TOTAL ......................................................... $358.000
25,0002
65.000
$187.000
Payment will be made from Account #10-43-6420-3103-DIST-31200.
Payment will be made from Account #10-42-6420-3103-DIST-31200.
This amount will be partially funded by an EPA 319(h) Grant.
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