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HomeMy WebLinkAbout2002 - Surface Water Mgmt Plan( St. Johns River tater VI en- Kirby B. Green Ill, Exe~tive Director · John R.Wehle, Assistant Executive Director Post Office Box 1429 · Palatka, FL 32178-1429 · (386) 329-4500 CHANGE ORDER AUTHORIZATION DATE: September 19, 2002 TO: Terrence Moore City of Sebastian 1225 Main Street Sebastian, FL 32958 FROM: Whitney Green, Project ManagerV- Alan Weaver, Project Administrato/~ PROJECT NOS: 1842-58-6300-8301-31212 ~<~ltl 8-43-52-6300-8301-31200 CHANGE ORDER NO: 4 CONTRACT NUMBER & NAME: 96W257, Development & Implementation of a Surface Water Drainage Management Plan for the City of Sebastian- Phase I, Segment II CHANGE ORDER TITLE: Change Order 4, No-Cost Time Extension DESCRIPTION OF CONTRACT REQUIREMENTS TO BE CHANGED: Extend contract completion date to December 10, 2002. JUSTIFICATION FOR EXTENSION: The City of Sebastian is a rapidly growing coastal community that is approximately 50% developed. Most of the City stormwater drains into the St. Sebastian River, which, due to inadequate stormwater facilities, has the poorest water quality in the southern half of the Lagoon system. Through this agreement, the District has assisted the City with its Master Stormwater Management Plan. Two of the best management practices (BMP) from that plan were selected for construction. After construction, the City selected Environmental Research & Design (ERD) to be the subcontractor for the assessment of post-construction efficiency. Although, all monitoring and data collection requirements have been fulfilled, ERD has requested a 90-day extension to prepare & submit a final report on the annual loading and BMP treatment efficiency. ERD has cited a greater-than-anticipated workload due to other District contracts as the justification for the extension. The City has requested a 90-day time extension to allow ERD time to complete the final report. Approved: ~ ~"f~'""'"- ~Total Additions $ 0.00 /Jeff Elledge, ~'~E., Director, Department_of Wa~e~l~t~ces .,/~///~-3 ~'~/~//~/'/~/~/ x~] q L] Total Deductions ......................... $ 0.00 Total Cban e Kirby B GreefflI1, ~xectl~ve Dkector (/J -- Original Contract Amount ........... $ 180,000.00 Accepted: /6 ]~t~J)-/n /~ ~ V~lt~r B~m-e ~. ~tA tyor. ~[ty of Sebastian Revised Contract Amount $ 180,000.00 Date of Approval:9/25/02 Schedule Impact (-+ days) .................... +90 GOVERNING BOARD Duane Otlenstroer, CH^~Rr~J~ Ometrias D. Long, V~CE CHNRMAN R. Clay Albright, s ECRETAR~ David G. Graham, IREASURER W. Michael Branch Jeff K Jennings William Kerr Ann Z Moore Catherine A. Walker ( St. Johns River ter Distric t Kirby B. Green III, Executive Director · John R. Wehle, Assistant Execulive Director Post Office Box 1429 · Palatka, FL 32178-1429 · (386) 329-4500 CHANGE ORDER AUTHORIZATION DATE: June 14, 2002 TO: Terrance Moore City of Sebastian 1225 Main Street Sebastian, Florida 32958 FROM: St. Johns River Water Management Distric/ Whit Green, Project Manager gO~. Alan E. Weaver, Project Administrate/ CHANGE ORDER NO: 3 PROJECT NOS: 18 - 42 - 58 - 6300 - 8301 - 31212 & 18 - 43 - 52 - 6300 - 8301 - 31200 CONTRACT NUMBER & NAME: 96W257, Development & Implementation of a Surface Water Drainage Management Plan for the City of Sebastian CHANGE ORDER TITLE: No-Cost Time Extension DESCRIPTION OF CHANGE ORDER REQUIREMENTS: Request for a ninety-two (92) day no-cost time extension from June 11, 2002 to September 11, 2002. JUSTIFICATION FOR EXTENSION: The City's contractor on this project was required to construct two best management practice stormwater projects and provide monitoring and assess post-construction efficiency. Due to the dry spring rainy season, the contractor was only able to provide data on one of the two required storm events. The time extension should provide sufficient time for the contractor to collect the necessary data for the second storm event and submit a final report. Total Additions ......................... $ Total Deductions ....................... $ Total Change ............................. $ Original Contract Amount ........ $ O.O0 0.00 0.00 115,000.00 Revised Contract Amount ..... 1155~!5,~.0_~ Date of Approval: ~'- Schedule Impact (-+ days) ....................... +92 GOVERNING BOARD Duane Ottenstroer, CHAIRMAN Ometrias D, Long, VICE CHAIRMAN R. Clay Albright, SECRETARY David G. Graham, I~EASURER W. Michael Branch Jeff K. Jennings William Kerr Ann ~ Moore Catherine A. Walker { St. Johns River Post Office Box 1429 · Palatka, FL 32178-1429 · (386)329-4500 CHANGE ORDER AUTHORIZATION DATE: August 28, 2001 TO: FROM: Terrence Moore City of Sebastian 1225 Main Street Sebastian, FL 32958 Whitney Green, Project Manager Alan Weaver, Project Administrator PROJECT NO: 18-42-5845300-8301-31212 / 1843-52-6300-8301-31200 CHANGE ORDER NO: ~2 CONTRACT NUMBER & NAME: 96W257, Development & Implementation of a Surface Water Drainage Management Plan for the City of Sebastian- Phase I, Segment II CHANGE ORDER TITLE: Change Order 2, No Cost Time Extension DESCRIPTION OF CONTRACT REQUIREMENTS TO BE CHANGED: Extend contract completion date from December 11. 2001, to June 11, 2002. JUSTIFICATION FOR EXTENSION: The City of Sebastian is a rapidly growing coastal community that is approximately 50% developed. Most of the City stormwater drains into the St. Sebastian River, which due to inadequate stormwater facilities has the poorest water quality in the southern half of the Lagoon system. Through this agreement, the District assisted the City with its Master Stormwater Management Plan. Two of the best management practices (BMPs) from that plan were selected for construction. Although, the construction took longer than expected, it is now complete, and the City has selected a contractor to implement the assessment of post-construction efficiency. However, insufficient time remains on the contract to complete the required six months of water quality and discharge monitoring needed to evaluate the BMPs. Therefore, the City requests a 6-month time extension so adequate monitoring can be completed and these results incorporated into the final report. Approved: ~ ~ Total Additions ......................... $ 0.00 ~eff Elledge, P.E., Director, Department of Wate~ Resouxces Total Deductions ....................... $ 0.00 Approved: ~ c=~ f6. ~=aw D~c,o, Total Change ............................. $ 0.00 // O-~,-, _ ~,1 ~ Original Contract Amount ....... $ 180,000.00 Accepted~[/M) Walt,~Barnes .m~c~tyofS~a~.,.. .,,-. ~-- Revised Contract Amount ...... $ 180,000.00 ~ '~ ~'. 17//,~. ~ 6~7~./CO,,./t_.Schedule Impact (+ days) ................... +182 Date of Approval: -~ · GOVERNING BOARD William Kerr, CHAIRMAN Ometrias D, Long, VICE CHAIRMAN Jeff K. Jennings, SECRETARY Duane Ottenstfoer, TREASURER MELBOURNE BEACH APOPK~ MAJTLAND J~KSONVILLE Ann ~ Moore Michael Branch Catherine A. Walker Clay Albright David G. Graham BUNNELL FERNANDINA BEACH ALTAMON3E SPRINGS EAST LAKE WEIR JACKSONVILLE DATE: WATER MANAGEMENT rq~I'RIC~T December 17, 1999 POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TO: Thomas Frame City of Sebastian 1225 Main Street Sebastian, FL 32958 FROM: Whit Green, Project Manager ~J~ Alan Weaver, Senior Contracts Administrator PROJECT NO: 10-42-00-7111-3103-31200 10-43-00-7111-3103-31200 CHANGE ORDER NO: 1 CONTRACT NUMBER & NAME: 96W257, Change Order 1, Development & Implementation of Surface Water Management & Drainage Plan for City of Sebastian CHANGE ORDER TITLE: Change Order 1, No Cost Time Extension DESCRIPTION OF CONTRACT REQUIREMENTS TO BE CHANGED: Extend contract completion date from November 11, 1999 to September 11, 2000. JUSTIFICATION FOR EXTENSION: After numerous design changes, land issues, the delay of grant funds distribution, and even personnel changes, all contract tasks have been completed except two. These two are the initial construction of the stonecrop basin retrofit, and completing development of a pollutant load assessment model. This ten-month time extension will allow for both the completion of construction, and the further collection of water quality data, if deemed necessary by quality assurance. Approved: ff Elleflge, p.E~., Director, Depamnent of Water Resources Approved: ~_~ ~ Original Contract Amount....$. Accepbs4: J..e.,~-'?~ t- / ~ Revised Contract Amount....$ ~City Manager, City of Sebastian Date of Approval: '/ / 0.00 Total Additions ......................... $ 0.00 Total Deductions ....................... $ Total Change .................. $ 0.00 65,000.00 65,000.00 Schedule Impact (± days) .................... +305 William Kerr, CH~aRMAN Ometrias D. Long, WCE CH~UmaAN Jeff K. Jennings, SECRET/~Y Dan Roach William M. Segal Otis Mason FERNANDIHA BEACH MAITLAND ST. mGUS11NE Clay Albright Reid Hughes Contract #96W257 Renewal #! FIRST RENEWAL TO TIlE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CITY OF SEBASTIAN FOR THE DEVELOPMENT AND IMPLEMENTATION OF A SURFACE WATER MANAGEMENT PLAN FOR CITY OF SEBASTIAN - PHASE L SEGMENT 2 THXS RENEWAL AOREEM~NT is entered into this ~day of 9L ~ ,2000, by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, whose mailing address is Post Office Box 1429, Palatka, Florida 32178-1429 ("DISTRICT"), and the CITY OF SEBASTIAN ("CITY"), whose address is 1225 Main Street, Sebastian, Florida 32958. WHEREAS, DISTRICT and CITY entered into an Agreement on June 11, 1996, for the development and implementation of a master drainage plan consistent with DISTRICT roles and regulations and other water management responsibilities; and WHEREAS, DISTRICT and CONTRACTOR modified the Agreement on September 29, 1997 (Amendment #1), November 9, 1998 (Amendment #2), and on January 14, 2000 (Change Order#l); and WHEREAS, DISTRICT and CITY desire to renew the original AGREEMENT, Contract g96W257, by reference made a part of this RENEWAL AGRI~,~MENT. NOW, THEREFORE, for and in consideration of the premises which are made a part of this RENEWAL AGREEMENT, and the mutual covenants contained herein, DISTRICT and CITY renew the original AGI~EEMENT, Contract #96W257, for an additional fifteen (15) month period beginning September 11, 2000, and ending December 11, 2001, in accordance with the attached Scope of Work in the amount not to exceed $115,000. 1. ARTICLE X - COMPENSATION: Add Paragraph A. 1 as follows: Amount of Funding: For satisfactory performance of the Work outlined in the attached Scope of Work for this Renewal Agreement gl, DISTRICT agrees to pay CiTY a sum not to exceed One Hundred Fifteen Thousand and No/100 Dollars ($115,000)." Add "Exhibit "A-i" - Scope of Work, Development and Implementation of a Surface Water Management Plan for CITY of Sebastian - Phase I, Segment 2." Add Exhibit "B-I" - City of Sebastian Contract Quality Assurance Requirements, Phase I, Segment 2. 4. Add Exhibit "C-I" - Data Reporting Format, Phase I, Segment 2. 5. Add Exhibit "I)-1" - Analytical Data Validation Requirements, Phase I, Segment 2. Page 1 of 16 Contract g96W257 6. Add Exhibit "E-i" - Revised Contract Schedule, Phase I, Segment 2. Renewal #I D/STP/CT and CITY agree that all other terms and conditions of the original Agreement are hereby ratified and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Renewal Agreement on the date set forth above. ST. JOHNS R/VER WATER MANAGEMEfNT~cT CITy OF SEBASTIAN BY:~an --~7~ Attest:  Typed Name and Tide Attest: ~.~_~_. ~ /' ~ ,-,~uty ~eneral Counsel Page 2 of 16 L Contract g96W257 Renewal #1 ....... ~EX. _ItlBIT "A-I" - SCOPE OF WC~o~c. o~ VELOPMENT AND~ .......... ur ~,~dnl~,l~lA'llON OF A SURFACE WATER MANAGEMENT PLAN FOR CITY OF SEBASTIAN. PHASE I SEGMENT 2 INTRODUCTION The proper management of non-point sources of nutrients and sediment is a major element within the goal of Indian River Lagoon (IRL) SWIM Plan to maintain water and sediment quality sufficient to support healthy seagrass-based communities. A large portion of the nutrient and suspended sediment loading to the Lagoon comes in the form of untreated, urban, stormwater runoff. To combat this problem, sub-basins within the Lagoon have been prioritized with regard to water quality and ecological degradation. Among the tributaries within DISTRICT's boundary, the Sebastian River is the single largest contributor of nutrients and suspended solids to the 1RL. Comparatively, the river discharges four times the amount of total nitrogen, twice the amount of total phosphorous, and five times the amount of total suspended solids as the next largest tributary: Turkey Creek. Not coincidentally, there are extensive areas bordering the mouth of the fiver where there has been a significant Ioss of seagrass coverage between 1943 and ~992 (Woodward-Clyde, 1994). Though recent transect surveys have shown that the range of seagrasses in this section of the IRL has stabilized over the past six years, the density of seagrass in these beds has continued to decline and there has been an overall shift in species toward those more tolerant of poorer water quality. Reducing the annual runoff load of nutrients and suspended solids is an important component in the plan to reverse this trend. CITY of Sebastian compr/ses an area of approximately 9,000 acres with about 7,200 acres draining to the Sebastian River. Most of CITY was platted and developed prior to the implementation of stormwater management rules. With the use of GIS-based models, estimations have been made of the annual, nonpoint source, pollutant load contributed by City to the Sebastian River. These approximated values are 90,400 lb./yr, total nitrogen, 10, 800 lb./yr. total phosphorous, and 1,100,00 lb./yr, total suspended solids (Craven Thompson & Associates, 1997). Interim load reduction goals for CITY have been set at a sixty-five pement reduction in each of these pollutants. Since much of the on-going construction is single-famil rule criteria, this annual load rate w' . ~ homes that are exempt from stormwa development will also serve to exace~-~!lA-c~-n-unue t,o, mcrea, se. Furthermore, this kind t~e~ l~,~ c~sung promems w~th poor drainage and flooding. was, therefore, mutually desirous and beneficial for DISTRICT and City to enter into an agreement to design and implement a surface water drainage and treatment plan. In June 1996, following the awarding of an EPA 319 grant to CITY, DISTRICT first entered into an agreement with CITY to develop and implement a master stormwater drainage and treatment plan. Extensive delays in the distribution of 319 grant funds to CITY necessitated the first amendment to the contract in June 1997, extending the time frame for completion an additional fourteen months. Page 3 of 16 Contract #96W257 Renewal #1 During this period, the effects of El Nifio severely hampered the collection of data needed for pollutant load assessment and modeling. Additionally, the engineering contractor hired by CITY resigned unexpected/y. Soon thereafter, it became apparent that the 500~acre stormwater park concept designed by the former contractor could not be implemented because of land acquisition issues. It also became apparent that the pollutant load assessment model developed by that contractor could not be verified or calibrated. As a result, the contract was again amended to extend the deadline for completion to November 11, ~999. CITy contracted a new engineering fnma to complete designs on other portions of the master stormwater plan (Elkcam Dam and Stonecrop Treatment Basin). DISTRICT decided to commit itself to the development & calibration of a new pollutant load assessment model (Task B). Development of the new model required substantial modifications to the water--quality monitoring plan. These revisions were put into effect by a supplemental instruction memo that was executed in January 1999. Since then, the monitoring to provide the data needed for load assessment modeling was successfully completed. Permits were obtained for the construction of Elkcam control structure and Stonecrop basin. Construction commenced on the Elkcam and bids received on the construction of Stonecrop. Even without the 500-acre stormwater park that was central to the original master plan, the (Adams 2n~_a.n,Y master plan to reduce CITY's overall -olluta - g II~IUT s recent ac~-:~:.· o 1, nt um~mon oi approximately 150 acres Parcel) within CITY for construction of a regional wet detention system. Consequently, it is important that construction is completed on the remaining two B/viPs (Elkcam and Stonecrop). It is equally important that post construction monitoring of pollutant loads be performed to assess their effectiveness and to better fine-tune the HSPF-based pollutant load assessment model. II. PURPOSE The purpose of this renewal agreement is to reduce current pollutant loading to the South Prong of the Sebastian River by facilitating the completed construction of the Stonecrop detention basin. The construction of Stonecrop will result in stormwater treatment being provided for the approximately 500-acre Stonecrop S/D drainage area. CITY is financing the construction Elkcam Dam with the assistance of an EPA 319 grant and will not require District funding, of It is also the purpose of this renewal agreement to provide funding to assess the load reduction achieved by Stonecrop and the Elkcam control structure through the implementation of a post- BMP monitoring of water quality & quantity. This data will also be used to assess the utility of the pollutant load assessment model under development and make additional adjustments (if needed). II~I. INTENT The intent of this renewal agreement is to complete the work begun in Phase I, Segment I, assess its effectiveness at reducing pollutant loading, and to provide an objective means for assessing the benefit and need · of locations for future BMP .;tructures. Page 4 of 16 Contract #96W257 Renewal #1 Sufficient District funds exist in the budget to finance all the work outlined in this scope. Subject to Governing Board approval and availability of funds, District staff will consider amending this contract in the future to include specifications for construction of additional BMPs that may arise from CITY's current efforts to revise the master stormwater plan. However, DISTRICT is under no obligation to do so. The objectives of this amended agreement are as follows: A. Complete construction of Stonecmp stormwater detention basin. B. Conduct post-BMP water quality/quantity monitoring to assess pollutant load reductions and make additional calibrations to the HSPF-based model. C. Conduct load assessment modeling for CITY's major drainage basins and make recommendations for additional stormwater BMPs and/or apply the model to test structural BMPs proposed from revisions to the master storrnwater management plan. D. Provide permanent funding for the operation and maintenance of the BMP structures. OBJECTIVE A: Complete construction of Stonecrop. Work on the basin may begin under the current cost-share agreement, which expires on September 11, 2000. Construction is scheduled to commence at the end of May 2000. Task 1. Prior to issuing a Notice to Proceed, CITY shall provide DISTRICT with a copy of the signed agreement between CITY and its contractor for the construction of the basin and related appurtenances. CITy shall also provide DISTRICT with a set oftbe basin design drawings released to the contractor. These drawings shall include all details related to the basin's construction as required by Environmental Resource Permit no. 4-061-60087- i. Task 2. Task 3. Task 4. City shall provide DISTRICT with a dated copy of the Notice to Proceed when issued. City shall provide DISTRICT with quarterly reports and copies of invoices pertaining to progress made in the basin's construction. The reports shall include a brief summary of the activities undertaken, work phases completed, any problems encountered and any proposed changes to the construction schedule resulting fi.om such problems. The report shall also include pictures (where possible) of the described work performed or problem encountered. City shall provide DISTRICT written notice of completion of the basin's construction. Within 60 days of the basin's completion, CITY shall provide DISTRICT with two (2) sets of signed and sealed as-built drawings for the basin. OBJECTIVE B: Conduct Post BMP Monitoring. Task 1. CITy (with District staff assistance) shall develop a request for proposals (RFP) to conduct post-BMP, wet and dry season, moni,'oring for the assessment of pollutant load reduction achieved in combination by the Stonecrop Basin and Elkcam Waterway control structures. At a minimum, the data collected will include surface water pollutant Page 5 of 16 Task 2. Task 3. Task 4. Task 5. Task 6. Contract g96W257 Renewal #1 concentrations, incremental rainfall volume, surface water stage height and or flow rate. The site plan included with the RFP may include monitoring stations additional to those in the pm-B/ViP plan if such additional stations are needed to make further calibrations or refinements to DISTRICT, HSPF-based, pollutant load assessment model. The RFP will require all bidders to meet District QA/QC requirements for the collection, analysis and reporting of surface water quality samples (attached as Exhibits B-D) in addition to the following references for the proper collection, measurement and calculations of surface water flow rates and volume: · Inter-District Data Collection Focus Group, October I994. Guidelines for the Collection of Hydrologic and Meteorologic Data: Volume 1,408 p. and Volume 2 (unpublished). · ISO, 1983. Measurements of Liquid Flow in Open Channels: ISO Standards Handbook 16, First Edition, International Organization for Standardization, Geneva, Switzerland, 518p. · Lipscomb, Stephen W., 1995. Quality Assurance Plan for Discharge Measurements using Broadband Acoustic Doppler Current Profilers. Boise, ID: U.S. Geological Survey, Open-File Report 95-701, 7p. · Rantz, S. E. and others, 1982. Measurement and Computation of Streamflow: Volume 1 and 2, Washington DC: U.S. Geological Survey Water-Supply Paper 2175, 631 p. · Sloat, $. V. and W. Scott Gain, 1995. Application of Acoustic Velocity Meters for Gaging Discharge of Three Low-Velocity Tidal Streams in the St. Johns River Basin, Northeast Florida, Tallahassee, FL: U.S. Geological Survey Water-Resources Investigations Report 95-4230, 26 p. CITy shall publish the RFP and obtain proposals with the contractor's qualifications and bids for performing the required monitoring. CITY shall supply DISTRICT with two copies of all completed proposals received. CITy shall select a qualified contractor from the list of proposals, but DISTRICT shall have the right to reject any selection made by C/Ty the c°ntents of the proposal--that the bidder does if DISTRICT determines--based on not meet the minimum qualifications or that the proposal will not achieve the monitoring objective. If DISTRICT makes no such objection, CITy shall submit for District review a draft Scope of Work between CITY and its selected monitoring contractor. Upon District approval of the draft scope of work, CITy shall award the monitoring contract. At such t/me, CITY's contractor shall implement all aspects of the monitoring contract Scope of Work and related exhibits/references. Copies of data reports shall be submitted to DISTRICT at intervals as described in the monitoring Scope of Work, but in no case shall it be less frequent than once every three months. Upon completion of the post~BMP monitoring, C1Ty through its contractor shall submit two copies of a draft final report. The details of the final report shall be addressed in the Page 6 of 16 Contract #96W257 Renewal #1 monitoring Scope of Work. In general, the final report shall include summaries of data collected, measured or analyzed including unit values, daily values, any rating analysis, and QA/QC data. A tabular summary of the calculated post-BMP event loads will be included with an estimation of the annual post-BMP loads compared to the pre-BMP annual loads. It shall also include an assessment of the annual load reduction achieved by the BMPs. All data collected from all stations shall be submitted to DISTRICT on diskette or CD ROM in ASCII format. Task 7. Final Report: CITy shall incorporate District comments into a revision of the draft report and submit to DISTRICT two copies of a final written report. OBJECTIVE C: Use model to estimate annual pollutant loads for various drainage basins within CITY. Task 1. District shall use the HSPF-based pollutant load assessment model to estimate the annual load of nutrients and suspended solids contributed by CiTY's major drainage basins. Task 2. CITy shall provide DISTRICT two sets of signed and sealed as-built drawings for the Elkcam Waterway control structure currently under construction. This information, as well as the Stonecrop as-built survey, will be needed to accurately calculate discharge rates. OBJECTIVE D: Provide a permanent mechanism or source for funding operation and maintenance of Stonecrop Basin and Elkcam Dam. Task 1. CITY shall conduct a study to determine funding needs for long-term operation and maintenance of the Stonecrop and Elkcam stormwater BMPs. This shall include developing a maintenance schedule for both systems, beginning with completed construction and continuing for ten years thereafter. Based on the cost estimate obtained from the study, CiTY shall identify the permanent source(s) to be used for funding the O & M of the systems. Task 2. CITY shall submit to DISTRICT two copies of a report summarizing the findings and recommendations of the study. The report shall be updated annually. Task 3. CITY shall submit to DISTRICT two copies of a letter, committing itself to the implementation the O & M schedule and identifying the funding source(s) that will be used. Page 7 of 16 V~. SCHEDULE Contract g96W257 Renewal #1 TASK A1 COM2V[ENCEMENT COMPLE~ON Copy of Construction Subcontract & Plans A2-A3 Basin Construction & Reports May 2000 October 2000 A4 As-Built Drawings of Basin October 2000 December 2000 B l-B2 Develop & Advertise RFP July 2000 August 2000 B3 Select Monitoring Contractor August 2000 November 2000 B4-B5 Implement Monitoring January 2001 September 2001 B6-B7 Draft & Final Report October 2001 November 2001 C1-C2 Load Modeling June 2001 October 2001 D 1 O&M Assessment October 2000 October 2001 D2-D3 O&M Report & Letter October 2001 November 2001 May 2000 May 2000 VI. BUDGET (See attached letter from City Engineer dated February 17, 2000. Dollar amounts do not reflect funds spent on Elkcam Dam.) TASK Segment 1 Task A Pre-BMp Monitoring Task B Model Development Task C-E Master Plan Development Task F Stonecrop Design, Permits Initial Construction TOTAL District Sebastian/EPA Match $ 25,000 $ 16,000 $ 5,000 $ 25,000 $ 10,000 $ 155,000. $ 25,000 $ 162,000. _____~Segment 2 A Basin Construction & Reports .$____~000 A4 B1-B3 B4-B7 CI-C2 D TOTAL As-Built Drawings of Basin Select Monitoring Contractor Post~BMP Monitoring & Reporting Load Modeling BMP O&M Assessment & R.R.R.R.~ort * Includes EPA 319 funding $ 70,000 $ 235,525* $ 0 In-kind Services In-kind Services In-kind Ser~ces $ 45,000 $ 20,000* In-kind Services In-kind Services $ 0 In~kind Services $ 115,000 $ 255,525 Page 8 of 16 Contract g96W257 Renewal #1 ~XHIBIT "B-I" - CITY OF SEBASTIAN _CONTRACT QUALITY ASSURANCE REQUIREMENTs,; DISTRICT has developed uniform quality assurance requirements for contract sample collection and analyses which are listed below. These procedures help to ensure a high level of data quality and also provide the documentation necessary to evaluate data quality. 1. It is understood that all sample collection and analyses will be performed by a yet to be chosen lab, hereafter known as SUBCONTRACTOR. The CONTRACTOR authorizes SUBCONTRACTOR to provide DISTRICT with all riel& laboratory, and quality assurance data related to the work. 2. Unless an alternate procedure has been approved in writing by DISTRICT Quality Assurance Section, or is otherwi'se noted as an exception in this item, all sample collection and laboratory ~n~_~a,c..c_o~rdanc, e,,w~th,the~ ~qmrements of FD_EP Standard O eratin ,-, *tauuns ana ~am ~e t~ouection Activities DER- A-001/92. Exceptions to DER-QA-001/92: · Storm water samples will be collected using an autosampler, therefore, samples will not be preserved within 15 minutes of collection. Samples will be preserved within 24 hours after collection. · Field duplicates will not be analyzed for samples collected by autosampler. 3. SUBCONTRACTOR shall have an FDEP approved Comprehensive Quality Assurance Plan (CompQAP). Unless an alternate procedure has been approved in writing by DISTRICT, SUBCONTRACTOR shall perform all services for this contract in accordance with the procedures established in SUBCONTRACTOR's CompQAP and/or DER~QA-001/92. DER- QA-001/92 shall take precedence over SUBCONTRACTOR's CompQAp. 4. Analyses shall be performed by one of the methods of analyses listed in the Scope of Work. 5. All analyses shall be performed within time frames established in _Code of Federal Regulation, Title 40, Part 136, Section 3, Table 1I. DISTRICT Project Manager may authorize the analysis of samples that have exceeded the established time frames provided such data is clearly flagged by SUBCONTRACTOR as being out of time frame. Out of time flame data shall be denoted by reporting a "Q" plus the number of days by which the established timeframe was exceeded (e.g. "Q5" for analyses performed 5 days past holding time) as a comment code in the data report (Exhibit D, Item 10). The method detection limits (MDL) utilized for data reporting and field blank evaluation shall be as listed below: · TSS 4 mg/l · Total Phosphorus 0.01 mg/1 Page 9 of 16 · Total Kjeldahl Nitrogen 0.1 mg/1 · NOx 0.01 Contract g96W257 Renewal #1 7. SUBCONTRACTOR shall perform and report the following Quality Assurance checks on all laboratory analyses except Total Suspended Solids (TSS). · Replicate analyses on every tenth DISTRICT sample and spike analyses on every 20th DISTRICT sample, or minimum of one replicate and one spike per mn, whichever is greater. · A method blank and a Continuing Calibration Check Standard (CCCS) after every 20 DISTRICT samples and at the end of each run. The concentration of the CCCS standard shall be in the mid to upper range of the reported data. · A commercial Quality Control Check Standard (QCCS) and a low level CCCS (3-5 X MDL) at the beginning of each analytical run. SUBCONTRACTOR shall perform and report the following Quality Assurance checks on all TSS analyses. · Replicate and method blank analyses on every tenth DISTRICT sample, or minimum of one replicate and method blank per run, whichever is greater. · A commercial Quality Control Check Standard (QCCS) once per mn or once per day, whichever is less. SUBCONTRACTOR shall perform and report quality assurance for field data collection in accordance with FDEP Standard Operating Procedures for Laboratory Operations and Sampl,. Collection Activities, DER-QA-001/9?. 10. Replicate results shall include both replicate values and the % RSD. Spike shall be reported as % Recovery. CCCS and QCCS results shall be reported as target value with % Recovery. 11. All QA data shall be reported with the associated sample data. 12. SUBCONTRACTOR shall provide DISTRICT with a list of the control limits which will be utilized for this project. If QA data does not fall within the listed control limits, corrective action must be taken and a description of the corrective action must be provided with the data as a comment (Data Reporting Format, Exhibit C, Item 21). 13. SUBCONTRACTOR shall collect and analyze a precleaned equipment blank from each autosampler for each storm event. SUBCONTRACTOR shall also collect and analyze precleaned equipment blanks for ambient monitoring in accordance with FDEP QA 001/92. 14. At the request of DISTRICT, SUBCONTRACTOR will either reanalyze samples for analytes requested or within 48 hours of a telephone request, ship samples to DISTRICT laboratory in Palatka, Florida. Shipping shall be by UPS and costs shall be billed to DISTRICT. If a reanalysis is requested, the results of reanalysis shall be received by DISTRICT within 10 Page 10 of 16 Contract g96W257 Renewal #1 working days of the reanalysis request and SUBCONTRACTOR may bill D/STRICT at the costs listed below: · TP $10.00 · TKN $10.00 · TSS $10.00 · NOx $7.50 15. Subject to a letter of agreement between SUBCONTRACTOR and DISTRICT, SUBCONTRACTOR shall perform any method of analyses required by DISTRICT which is not hsted in this contract but is listed in SUBCONTRACTOR,s CompQAP 16. SUBCONTRACTOR shall store samples for at least 30 days after the most recent data submission to the Project Manager and shall be responsible for disposing of the samples after the 30 day holding period. SUBCONTRACTOR shall provide longer storage at DISTRICT's .request if necessary to resolve quality assurance problems. All samples for which refrigeration ~s required for sample preservation shall be stored at approximately 4 degrees Celsius. 17. SUBCONTRACTOR shall immediately reanalyze samples for results which exceed the limits listed below: · Field Blank > 2x MDL SUBCONTRACTOR shall not report data which exceeds this limit unless the values have been confirmed by reanalysis and reported. SUBCONTRACTOR shall bill DISTRICT for reanalyses and report the data in accordance with contract specifications. 18. Data reports for field and laboratory data shall be submitted to D/STRICT Project Manager within thirty (30) days or less of the receipt of sample(s). All data shall be reported in units as specified in the scope of work and shall include ~! associated quality assurance data. The results shall be submitted in an ASCII file on a 3 1/2 high-density diskette in accordance contract reporting requirements, with 19. SUBCONTRACTOR shall meet all data reporting and validation requirements specified in Exhibit "D" a .... nd E. 20. Items number 1, 2, 6, 8, 11, 12, and 13 of the data reporting format will be provided by DISTRICT prior to the start of work. Within 2 workdays after each sample collection event, SUBCONTRACTOR shall fax a copy of the Sample Chain of Custody Form, at which time DISTRICT will provide items number 5 and 20 of the data reporting format. 21. SUBCONTRACTOR shall provide within 10 days of receipt, copies of any reports on Environmental Laboratory "Florida FIRS Statement of Deficiencies and Plan of Action" as well as the results of any additional Environmental Laboratory DER or I-IRS audits during the life of the contract. If submittal of this information is already required under another contract with DISTRICT, a duplicate submittal is not necessary. Page 11 of 16 Contract g96W257 Renewa! #! 22. SUBCONTRACTOR shall provide proof of Environmental Laboratory Certification to DISTRICT and maintain certification during the duration of the contract. Should Environmental Laboratory Certification cease, SUBCONTRACTOR shall notify DISTRICT Project Manager within 10 days after receipt of notification from FDEP or FDHRS. SUBCONTRACTOR shall provide DISTRICT with the results of Environmental Laboratory Certification Performance results throughout the duration of the contract. Environmental Laboratory Certification Performance results for the duration of the contract must not be "not acceptable" (per FDHRS definition) on mom than 8% of the test determinations for parameters listed in the bid schedule. If submittal of this information is already required under another contract with DISTRICT, a duplicate submittal is not necessary. 23. SUBCONTRACTOR shall provide DISTRICT with updated copies of their approved CompQAP throughout the duration of the contract. If submittal of this information is already required under another contract with DISTRICT, a duplicate submittal is not necessary. 8. Data reports submitted by SUBCONTRACTOR shall contain, as a separate attachment: a narrative explanation for all data reported with a comment code other than 'T, W, U'or Q. both the original and rerun values if applicable. a narrative explanation for reanalyses results which differ from the original results by more than the precision control limit. 9. DISTRICT may rando,,mly request reruns in order to evaluate data quality. Random reruns would be at DISTRICT s expense at the costs listed in this agreement. The number of random reruns requested by DISTRICT for this purpose will not be considered in DISTRICT's evaluation of laboratory performance, however a comparison of original vs. rerun values will be a performance indicator. ~ 0. DISTRICT may evaluate SUBCONTRACTOR,s performance by touring the facility, reviewing the Quality Assurance data, periodically requesting reruns and submitting blanks, split samples, and audit samples. Failure to meet the terms of contract an/or provide reliable data may be grounds for termination of the contract. Page 12 of 16 Contract g96W257 Renewal gl EXHIBIT "C-I" - DATA REPORTING FORMAT Data reported in electronic form shall be a single line record with comma delimited fields as described below. Data shall be submitted in an ASCII file on a 3.5 inch diskette. Field Name Contract Lab ID Conh'act Lab Number (assi ed b District) SUBCONTRACTOR's ~ SUBCONTRACTOR's Invoice Number ~..,f..District on casez.~.-case basis) District Station Name~ct) Collection Date/Time (format is yymmddhhmm, based on a 24-hour clock, 9611051500) STORET Number ~ Result Comment Code (includes number of~time when Q Field 9611051500; the actual time is required only if the holding time is < 48 hours, otherwise ~ s 0000) t (name or initials or ID number) character number character 20 character 20 character 20 2O date character 240 number Matrix Code I character Parameter Name, character Method Number (i.e., EPA 200.7, EPA 8080, SM 2120 B, etc.) character Analysis Date/Time (format is yymmddhhmm, based on a 24-hoar clock, i.e., date 1st Sample-Pmp-Date/l'ime (format is yymmddhhmm, based on a 24-hour clock, i.e., 9611051500; the actual time is required only if the holding time is < 48 hours, otherwise report the time as 0000) 2nd Sample-Prep-Date/Time (format is yymmddhhmm, based on a 24-hour, i.e., 9611051500; the actual time is required only if the holding time is < otherwise as 0000) name or initials or ID number) Number ~ (o~nal) date date character Maximum 40 9 10 i0 4 10 30 10 10 100 EXAMP___ _ The following example should be on a single line in the electronic file. There must be exactly 20 comma delimiters in each line record. BTR,2131,1234567,96420,L970254-O7,DUCKSU,9702031315,00916,34.400,Q4,mg/L,W,Ca_ T,EPA 200.7,970129,Will Green,970128,,Bill Green,WG970001,Sample is caustic Page 13 of 16 Contract #96W257 Renewal EXHIBIT D-i" - ANALYTICAL DATA VALIDATION REQUIREMENT,'; INTRODUCTION Laboratory analyses are contracted out by the St. Johns River Water Management District (District) on an as needed basis. While routine data vahdation, reduction and reporting requirements are addressed in an organization's approved Comprehensive Quality Assurance Plan (CQAP), these guidelines establish additional uniform requirements for analytical data validation, documentation and reporting. These shall be followed by all SUBCONTRACTORs and subtler subcontractors involved with the analysis specified by contract. These guidelines are meant to complement SUBCONTRACTOR's CQAP. Their purpose is to further assure that legally defensible data will be generated which meet U.S. Environmental Protection Agency criteria without following the full EPA Contract Laboratory Program (CLP) protocols. In addition, these guidelines define in more precise terms the requirements for storage of analytical raw data, field documentation and records, custody records, and non-reportables so that the audit and review of these documents can be facilitated. II. RECORDS RETENT/ON All laboratory and field records described in llI and IV below shall be maintained in project specific task/project files. These files should contain the original data or records, however, where impractical, copies of the pertinent information shall be maintained in the files with unambiguous, accurate cross references to the original documentation. Active files shall be maintained for a period of at least one year from data generation. All records, as specified in Sections 62-160.600, 610, 620 and .630, F.A.C. shall be retained for at least five years after project completion. lII. LABORATORY REPORTING LEVELS AND DELIVERABLE:; Each laboratory shall perform internal data validation according to protocols specified in their approved CQAPs. The minimum quality control data to be included in each laboratory analysis report is specified below. The following shall be supplied as a part of the laboratory deliverables: 1. All information specified by Section 62-160.670, F.A.C.; 2. Sample specific method detecticn limits for each parameter (see DER QA 001/90 for spe:ific definitions and calculations); Page 14 of 16 Contract g96W257 Renewal #1 3. Results of laboratory quality control data for replicates and spikes. This shall include for each parameter and matrix: a. Sample ID# used for QC sample; b. Calculated Percent Relative Standard Deviation; c. Calculated % recovery; and d. Control limit values utilized for precision and accuracy for each parameter/matrix. The above shall apply to all analyses and will assure that DISTRICT Project Managers are apprised, through each laboratory report, on the quality level of the analytical data. .IV. LABORATORY DATA VALIDATION The in-house data validation process begins with the analyst at the bench level and concludes with an independent review of data by the supervisor and laboratory QA officer. This process shall include: a. For tests requiring manual calculation, the recalculation of at least 5% of the test results for each analytical batch, parameter group and matrix. The samples that are checked in this manner shall be randomly selected; b. Verification of all supporting functions (e.g., sample preparation, calibration, standard preparation, etc.); c. Review, assessment, and acceptance/rejection based on quality controls; and d. All other report and data validation requirements as specified in DER-QA-001/92, Section 10. The list of laboratory reportables is specified in Section 1311. The list of non-reportables is listed below for inorganics and organics. Non-reportable data/records shall be kept in central files with the relevant reportable data. V.A. GENERAL NON-REPORTABLEE The following information shall be available for District review. A chronological master list of laboratory tracking sample ID numbers correlated with sample analysis batch identification to correlate quality control samples to the applicable analysis batch; Copies of the chain of custody forms signed by the sample collector and laboratory sample custodian; A narrative summary identifying any QA or sample problems and the specific corrective action measures that were taken to correct the problem(s). Concentration of calibration standards with acceptance criteria, their preparation and traceability; including initial cal:'bration data and internal or external standard parameter (compounds) and concentrations; Page 15 of 16 Conu'act #96W257 Renewal #1 Results of batch-applicable continuing calibration verification standards (CCVS) and/or system performance check compounds, percent recoveries and expected values; Results of batch applicable laboratory control samples (LCS) or QC check sample recoveries and expected values or results of independent QC Samples (EPA, NIST, etc.) with expected values and percent recoveries; 7. Results of method (laboratory control) blank analyses; Identification, raw data results (including acceptance/rejection) of all continuing calibration standards analyzed as a requirement of Chapter 62-160, F.A.C.; Results and mw data from all performance evaluation and/or QC check samples analyzed during the project; and 10. Sequential measurements readout records (including calibration curves), digestion logs, raw data calculation worksheets, and chromatograms (where applicable) for all samples, standards and QC samples (blanks, duplicates, spikes, etc.). V.B. INORGANICS NON-REPORTABLES For analyses involving the use of atomic absorption (flame or furnace) spectroscopy (AAS), inductively coupled plasma (ICP), ion chromatography (IC), light (visible, UV and IR) spectroscopy, and turbidimetric, gravimetric, titrimetric and autoanalyzer procedures, the following data shall be maintained in the project file in addition to the data specified in V.A. above: Results of interference check sample (CS) analysis and expected values (ICP only); and Results of dilution check samples (DCS) analysis and expected values (when required and/or used). Page 16 of 16 Contract g96W257 SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF SEBASTIAN FOR THE DEVELOPMENT AND IMPLEMENTATION OF A SURFACE WATER DRAINAGE MANAGEMENT PLAN FOR THE CITY OF SEBASTIAN GOVERNING BOARD of the ST. JOI'-INS RIVER WAT/~R MANAGEMENT DISTRICT, whose mailing address is Post Office Box 1429, Palatlca, Florida 32178-1429 ("DISTRICT"), and CITY OF SEBASTIAN ("CITY"), whose address is 1225 Main $~'eet, Sebastian, Florida 32958. WHEREAS, DISTRICT and CITY entered into an Agreement on June 11, 1996, for the development and implementation of a master drainage plan consistent with DISTRICT rules and regulations and other water management responsibilities, and amended the Agreement on September 26, 1997; and WHEREAS, DISTRICT and CITY desire to modify the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, DISTRICT and CITY hereby agree to the following amendments: 1. ARTICLE I~ - SCHEDULE OF WORK AND EFFECTIVE DATE,: shall be amended as follows: Completion date of Agreement shall be November 11, 1999, unless the date is extended by mutual agreement of the parties hereto. Time is of the essence." EXHIBIT "A" - SCOPE OF WORK, Section IV. Contract Schedule, Phase I, Segment I, First Year, is amended as per the attached "Revised Conlract Schedule." DISTRICT and CiTY agree that all other terms and conditions of the original Agreement m'e hereby ratified and continue in full fome and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set forth above. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT CiTY OF SEBASTIAN Hel~y Dean, ExeCutive Director Rich Stringer, -City t~t)orney Thomas W. 9'hc~ane, C~y blar~ger City fflerk Typed Nm~ an~ Title APPROVED BY THE OFFICE OF GENERAL COUNSEL John W. Willil~ms, Deputy G/metal Coun~ St. Johns River Water Management Distxict 'T~ mO m> zo · -t '-r -~-m m Contract g96W257 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF SEBASTIAN FOR THE DEVELOPMENT AND IMPLEMENTATION OF A SURFACE WATER DRAINAGE MANAGEMENT PLAN FOR THE CITY OF SEBASTIAN and between the GOVERNING BOARD of the ST. JO/INS RIVER WATER MANAGEMENT DISTRICT, whose mailing address is Post Office Box 1429, Palatlm, Florida 32178-1429 ("DISTRICT"), and CITY OF SEBASTIAN ("CITY"), whose address is 1225 Main Street, Sebastian, Florida 32958. WHEREAS, DISTRICT and CITY entered into an Agreement on June t 1, 1996, for the development and implementation of a master drainage plan consistent with DISTRICT roles and regulations and other water management responsibilities; and WHEREAS, DISTRICT and CITY desire to modify the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, DISTRICT and CITY hereby agree to the following amendments: ARTICLE IH - SCHEDULE OF WORK AND EFFECTIVE DATE: delete Paragraph B and replace it with the following: CITY will be required to commence the Phase I, Segment I, Work under the Contract within twenty-six (26) months 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 fifteen (~5) 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." ARTICLE VII - RESPONSIBILITIES OF DISTRICT: change the Project Manager's name to Whituey Green. EXItlBIT "A" - SCOPE OF WORK, Section IV. Contract Schedule, Phase 1, Segment I, First Year, is herewith deleted in its entirety and replaced with the attached Revised Contract Schedule for Phase I, Segment I, First Year. DIsTRIcT and CITY agree that all other terms and conditions of the original Agreement are hereby ratified and continue in full force and effect. Contract #96W257 IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set forth above. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT CITY OF SEBASTIAN Henry Dean, ~xeCa~¢e birect~r~' Walter W. Barnes, Mayor Typed Name and Title Kathryn M. O'~lloran, City Clerk Typed Name and Title APPROVED BY THE OFFICE OF GENERAL COUNSEL John W.~illiams, Deputy General Counsel St. Johns River Water Management District coo mO r- ORIGINAl Contract g06W257 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 PLANT 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 roles 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 #96W257 ~96W257. CITY agrees to complete the Work in conformity with the Contract Documents and all attachments as defined heroin 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; EXI-IIBIT "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 II 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 ail 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 11I 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 1I and 11I will be established in supplemental renewals to this AGREEMENT which will be executed by both parties. ARTICLE H - SCOPE OF WORK All Work will be performed in accordance with EXH~IT "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. Ao ARTICLE HI - SCHEDULE OF WORK AND EFFECTIVE DATE The effective date of this AGREEMENT shall be this//~ day of ,1996. CITY 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 1I, Work in DISTRICT's Fiscal Year 1996/97, and for Phases II & III 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 & I~, 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 & 1II, 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 gO6W257 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 Ill above. ARTICLE V - LIABILITY 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 C1TY 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 fight 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 roles 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 rights. 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-term 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 VH - 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 w~th 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. DISTRICT shall be available to CITY to respond to questions regarding the project. 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. 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 C/TY'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 lgnd purchase will be subject to DISTRICT's Governing Board approval as customary in all other DISTRICT acquisitions. ARTICLE V/H - _NON-WA/VER OF DISTR/CT 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 Pro;'-,-' '~- u,~ ~wanager in a form approved by the Project Manager. In addition to hard copies, all written deliverables Page 5 of 20 Contract g96W257 (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 POWERPO/NT). Other formats may be accepted, if mutually agreed upon by DISTRICT's Project Manager and Chief Information Officer. ARTICLE X - COMPENSATION Amount of Fundinm 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. Invoicing 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 falls 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 retalnage 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 Contxact g96W257 ARTICLE XI - FUNDING Tiffs 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 tiffs AGREEMENT not be placed into the SWIM Trust Fund and be made available to DISTRICT, then tiffs 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. Bo ARTICLE X. III- SUBCONTRACTING CITY shall not sublet, assign, or transfer any work under tiffs AGREEMENT without the written consent of DISTRICT. When applicable, and upon receipt of such consent in writing, CITY shall cause the names of the fa-ms 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. Noth/ng 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 develo CITY's stormwa ' P ter drmnage management plan, which includes a portion of the work to be accomplished under this AGREEMENT. Page 7 of 20 Contract #96W257 ARTICLE XIV - CHANGES IN SERVICE REQUIREMENTS 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 XV - 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 asa 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 XVH - CANCELLATION Each party to this AGREEMENT reserves the right to unilaterally cancel this AGRREMENT 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 XVIH - 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 - C/VIL 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, FEg~q 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 sthctiy 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 contributed substantially and materially to the preparation hereof. ARTICLE XXIV - ENT/RE AGREEMENT Tiffs 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 RIV~.I~ BASIN GENERAL LOCATION MAP 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 Secretav7, 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 Attest: Wil~~ Otis A. Mason, Secretary Louise R. Cartwfight, Ma~yffr 'Kathryn ~. O'Halloran, City Clerk - APPROVED BY THE OFFICE OF GENERAL COUNSEL ~~X~'atSeer ni~/iAanS ~Geen~ e;~ mC. c°~nsel 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 T}IE 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 from the Sebastian River can cause precipitous drops in salinity in the IRL that threaten the hard clam fishery (IRL SWI2V[ 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 IRL, the North Prong, the West Prong (C-54 and Fellsmerc 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 fkst 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 & 112[, which will be specified under future amendments to the AGREEMENT. Phase I will be described in some detail in this scope of work. Phases ri and Iff will be briefly described -- no detailed tasks or schedules at this time. It is anticipated that Phases II and Iff will be sufficiently scoped later in future amendments to this contract. Phase I includes the following elements: · Initiation of hydrologic and water qual/ty 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 HR 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 all of the major drainage areas (Collier, Elkcam, Stonecrop, etc.); and Final design and construction of other stermwater 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). Il. OB,IECTIVES .- PHASE 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 1I) under Phase I. These objectives are described below. A. Phase Iv Segment 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 mutually 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 L~ FIGURE 2 N Contract #96W257 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 fmancial 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 repons. Contingent upon CITY's confLrmation of funding availabil/ty 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. 5. 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 dally base flows. In Phase I, 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, in/et pool, discriimnate 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 ~6W257 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 Ob.|ectives)! 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, ail 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 IH 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 Eli{cam drainages. The Phase Ill 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. Seek mechanism(s) for funding or financing Phase H 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 #1 - #3 will be fully addressed by the end of the fa:st 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 #5 (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 #6. Objective #7 (design and estimated construction schedule) and Objective #8 (funding sources or mechanism established) shall be in place by the end of second year or within fkst half of the third year. Phase II 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 11I will be CITY's large-scale effort toward full implementation of the plan. Although not required by this AGREEMENT, Phase III could conceivably be part of C ' ITY 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 Ob|ectives): 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 Conu'act gO6W257 [These targets wil/ be re-evaluated based on modeling and feasibility analyses performed in Phase I, Segment II (2nd year), and under Phase FI. After which, the reduction targets will be finalized by agreement between CITY and DISTRICT (in Phase 121').] 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 II (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 (lst year), CITY will have completed the initial stage of the Stonecrop facility construction. Product: Constmction of initial stage of the Stonecrop basin facility that may include the inlet dissipators, inlet pool, and the clearing 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 Contract g96W257 CONTRACT SCHEDULE .. PHASE I~ SEGMENT I, FIRST YEAR [--Phase/,Year 1 ......... ][--Phase I, Year 2 ........ ]...Phase II. BMP pilot projects, etc. 1996 1997 1998 Qtrs: 3rd 4thl 1st 2nd 3rd 4thllst 2nd ....... Contract negotiatiotts: March - May Contract execution: June Ob'ectives and Tasks Objective 1. Hydrologic and water quality monitoring program Task A. - ..... O ..... ,---, ...... ,----A Objective 2. Model Development Task B. -O ...... , .... , ..... *----A (3 quarterly data reports * ) (3 progress reports,, copies of any subcontracts) Objectives 3 & 4. Pollution load reduction targets and draft master plan Task C. - ................... A prelim, reduction targets Task D. Task E. .................... > prelim, eva/. of BMPs (literature review, etc.) ............................ /x recommendations for conceptual BMPs ............................ A draft master plan (targets, plan elements, schedule, est. costs) Objective 5. Stonecrop basin drainage treatment facility Task F. ...... A 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 of 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 stormwater 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 1" 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 EXHIBIT "C" - BUDGET PHASE I, SEGMENT L 1st YEAR Contract g96W257 TASK # TASK DESCRIPTION CITY A ........... Hydrologic and Water Quality Monitoring $ 16,000 $ 25,000 B Model Development C,D,E Reduction Targets, BMP Evaluation, Stormwater Management Plan development $ 155,000 F Stonecrop basin design, perm/ts, construction of 1 st stage $162,0003 TOTAL ......................................................... ~ DISTRICT $ 20,000~ $ 10,0001 $ 10,00O~ 25,0002 TOTAL $ 36,000 $ 35,000 $165,000 $187,001 } 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 FIGURE A