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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 All resolutions or parts of resolutions in conflict herewith are hereby repealed.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 2 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 Page 1 of 20 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. 'Page 2 of 20 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. mo 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. Page 3 of 20 Contract g96W257 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. Page 4 of 20 Contract g96W257 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 Page 5 of 20 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. Page 6 of 20 Contract g96W257 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. Page 7 of 20 Contract g96W257 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. Page 8 of 20 Contract g96W257 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. Page 9 of 20 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 Page 10 of 20 Contract g96W257 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. Page 11 of 20 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; Page 12 of 20 Contract g96W257 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). Page 13 of 20 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 Page 14'of 20 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. Page 15 of 20 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. Page 16 of 20 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. Page 17 of 20 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 Page 18 of 20 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. Page 20 of 20