HomeMy WebLinkAboutJ. Growth ManagementBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
August 18, 2010
Division:
Growth Management
Bulk Item: Yes
x No _
Department:_
_Planning and Environmental Resources
Staff Contact Person/Phone #: Trish Smith, ph. 289-2562
AGENDA ITEM WORDING: Approval to advertise a Request for Qualifications for Transportation
Planning Services.
ITEM BACKGROUND: The Planning and Environmental Resources Department has an existing
continuing services contract with URS Southern Corporation. The Transportation Planning Assistance
contract is funded at 100% under Joint Participation Agreement AOU27 with the Florida Department
of Transportation. This contract is utilized for the US 1 Arterial Travel Time and Delay Study which is
conducted annually for concurrency management purposes pursuant to Chapter 163, FS. The contract
is also used to maintain and update the Long Range Transportation Plan, ensure that transportation
concurrency requirements are met, and for other tasks that ensure coordination between land use and
transportation planning in the Florida Keys. The RFQ seeks qualified engineers for a 5 year continuing
services contract for Transportation Planning Assistance.
PREVIOUS RELEVANT BOCC ACTION:
April 21, 2010 — BOCC gave direction to terminate the URS contract in December 2010 at the end of
the 5"' contract year and issue a new RFQ.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $250,000 (FY 2010-2015) INDIRECT COST:
BUDGETED: Yes X No
COST TO COUNTY: $0 SOURCE OF FUNDS: JPA AOU27 Grant
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing _ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
MONROE COUNTY
REQUEST FOR QUALIFICATIONS
FOR PROFESSIONAL SERVICES
BY
TRANSPORTATION ENGINEERING FIRMS
to perform
TRANSPORTATION PLANNING
SERVICES FOR MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern Heather Carruthers, District 3
George Neugent, District 2
Kim Wigington, District 1
Mario Di Gennaro, District 4
COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT GROWTH MANAGEMENT DIVISION
Danny L. Kolhage Christine Hurley, Director
August 2010
PREPARED BY:
Monroe County Planning Department
RFQ for Transportation Planning Services
NOTICE OF REQUEST FOR QUALIFICATIONS
Request for Professional Services from Transportation Engineering Firms To
Provide Transportation Planning Services for Monroe County
RFQ-
The Board of County Commissioners of Monroe County, Florida, hereby requests sealed
proposals from consultants experienced in providing transportation planning and
engineering services within FDOT District 6. Pursuant to Chapter 287.955(2)g, this will
be a continuing service contract.
Interested firms are requested to indicate their interest by submitting a total of six
(6), two (2) signed originals and four (4) complete copies of their qualifications in a
sealed package marked on the outside, "RFQ — Transportation Planning Services",
addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room
1-213, Key West, FL 33040, on or before 3:00 P.M. local time on . No
qualification packages will be accepted after 3:00 P.M. Faxed or e-mailed responses
will be automatically rejected. Responders should be aware that certain "express mail'
services will not guarantee specific time delivery to Key West, Florida. It is the sole
responsibility of each Responder to ensure its package is received in a timely fashion.
Requirements for submission and the selection criteria may be requested from
DemandStar by Onvia by calling 1-800-711-1712 or by going to the website
www.demandstar.com or http:llwww.monroecounty-fl.itov/pages/msd/bids.htm The
Public Record is available at the Purchasing Office, 1100 Simonton Street, Key West,
Florida.
All submissions must remain valid for a period of ninety (90) days from the date of the
deadline for submission stated above. The Board will automatically reject the response
of any person or affiliate who appears on the convicted vendor list prepared by the
Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida
Statute (1997). Monroe County declares that all or portions of the documents and work
papers and other forms of deliverables pursuant to this request shall be subject to reuse by
the County.
Technical questions are to be directed, in writing to Trish Smith, Monroe County
Transportation Planner, 2798 Overseas Highway, Suite 410, Marathon, FL 33050, or
smith-patricia@monroecounty-fl.gov.
The Board reserves the right to reject any or all proposals, to waive informalities in the
responses and to re -advertise. The Board also reserves the right to separately accept or
reject any item or items of a response and to award and/or negotiate a contract in the best
interest of the County. Interested firms or individuals will be evaluated and selected by a
committee composed of the Monroe County Transportation Planner (or designee), the
Monroe County Planning Director (or designee), the Monroe County Director of
RFQ for Transportation Planning Services
Engineering Services (or designee), and the Monroe County Scenic Highway Coordinator
(or designee). The selection and recommendation will be presented to the Board of
County Commissioners for final decision.
Dated at Key West, , 2010
Monroe County Purchasing Department
RFQ for Transportation Planning Services
TABLE OF CONTENTS
SECTION ONE - Instruction to Respondents
SECTION TWO - Draft Agreement
SECTION THREE -County Forms
SECTION FOUR -Insurance Requirements
RFQ for Transportation Planning Services
SECTION ONE: INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
Transportation PIanning and Engineering Services for Monroe County.
OBJECTIVE OF THE REQUEST FOR QUALIFICATIONS
The Growth Management Division of Monroe County, Florida invites firms to submit qualifications for
1) the yearly performance of Arterial Travel Time and Delay Studies for the US 1 corridor (Exhibit A);
and 2) general transportation planning assistance. The selected firm is anticipated to enter into a
continuing services contract governed by Chapter 287.55(2)g. Task Orders for individual assignments
under the contract will be issued by the Monroe County Growth Management Division Director or the
Planning Director for project related studies. There will be no reimburseable items (travel, meals,
mileage, or other expenses).
SCOPE OF WORK
Task 1 — Annual US 1 Arterial Travel Time and Delay Studies
1. Purpose
The travel time studies will be used to monitor the level of service on US 1 based on Monroe County
Comprehensive Plan Policies and Land Development Codes for concurrency management purposes
pursuant to Chapter 163, Florida Statutes. The studies will be conducted in accordance with the
methodology that was developed by the US 1 LOS Task Force and approved by the County, the Florida
Department of Transportation, and the Florida Department of Community Affairs. A copy of the task
force methodology is included as Exhibit A. .
2. Minimum Activities to Complete Study
A. Using the floating car method, the County will record travel time, speed, and delay data for:
a. Each of the 24 segments of US 1 from Florida City to Stock Island, and
b. The length of US 1 from Miami -Dade County line to Cow Key Channel.
B. The data will be recorded by date, day of week, time of day, and direction.
C. The study will be conducted over 14 days within the six week period from February 15 to March
31. The study will consist of 14 round trip runs, sampling each day of the week twice.
D. The study schedule will be coordinated with seven day, 24 hour traffic counts to be conducted by
FDOT in Islamorada, Marathon, and Big Pine Key.
E. The study will employ the staggered schedule of departure times previously approved by the
Task Force so as to record peak hour conditions in as many different locations as possible.
F. The study results will be summarized in a report format including a series of tables and graphs.
A statistical analysis of the mean, median, standard deviation, and range of speeds for each
segment and for the overall distance will be provided. Excess roadway capacity and deficiencies
in capacity will be reported.
RFQ for Transportation planning Services
Task 2: General Transportation Planning Assistance
1. Purpose
The purpose of this task is to provide assistance to the Monroe County Growth Management Division
staff for the purpose of maintaining and updating the Long Range Transportation Plan, to ensure that
transportation concurrency requirements are met by public and private development, and other tasks
necessary to maintain a high level of coordination between land use planning and transportation
planning activities in the Florida Keys. This task will provide assistance for general transportation
planning and analysis activities, including data collection and technical support.
2. Activities
The transportation planning consultant will provide assistance to Monroe County Growth Management
Division in the following areas:
a) Review of private development site plans for internal traffic flows and access;
b) Preparation of traffic impact reports;
c) Review of access management issues;
d) Development of access management plans;
e) Origin -destination studies;
f) Attendance at appropriate public meetings and hearings;
g) Trip generation rates for land uses;
h) Provision of review comments on relevant transportation documents prepared by other agencies;
i) Review of transportation element of reports and plans prepared by County staff in support of the
comprehensive plan amendments;
j) Systems planning analysis (including running the FSUTMS model or other transportation
planning models deemed as appropriate by Client and Consultant;
k) Reevaluation of the level of service methodology for US 1; and
I) Special transportation projects to implement the comprehensive plan.
SELECTION AND EVALUATION PROCESS
Interested firms will be evaluated and selected at a publicly -noticed meeting by a committee composed
of the Monroe County Transportation Planner (or designee), the Monroe County Planning Director (or
designee), the Monroe County Director of Engineering Services (or designee), and the Monroe County
Scenic Highway Coordinator (or designee).
The committee will evaluate responses based on the following criteria:
1. Past record and experience of firm on similar projects. (10 pts)
2. Technical, educational, and training experience of the assigned staff and any anticipated
subcontracted staff. (10 pts)
3. Experience working on roadway projects within District 6 of the Florida Department of
Transportation (10 pts)
4. Familiarity with general project area and Florida Keys. (5 pts)
5. Project approach reflects clear understanding of project needs and necessary activities. (5 pts)
6. Completeness of RFQ response (5 pts)
7. Experience with Level of Service evaluations and Comprehensive Plan analysis (5 pts).
RFQ for Transportation Planning Services
The selection and recommendation will be presented to the Board of County Commissioners for final
decision. If no contract can be negotiated with the first ranked firm, the Board reserves the right to
negotiate with the next selected firm. Monroe County reserves the right to reject any and all submittals,
waive any irregularities, re -issue all or part of the RFQ, and/or not award any contract, all at its
discretion and without penalty.
Format. The response, at a minimum, shall include the following:
A. Cover Page
A cover page that reads "Response to Request for Qualifications for Transportation Planning
Services in Monroe County". The cover page should contain Respondent's name, address,
telephone number, and the name of the Respondent's contact person.
B. Tabbed Sections
Tab 1. General Information.
I. The history of the firm, its corporate structure, and years in business.
II. A list of the officers and directors of the respondent.
III. A list of any subcontractors whom the respondent plans to utilize in performing its services.
Tab 2. A section to address the following points, which shall be used in the Selection Committee's
evaluation of each submittal in relation to the previously discussed tasks.
I. Record of performance and professional accomplishments including: a description of similar
work completed by the firm, any outstanding accomplishments of the firm, and any outstanding
accomplishments of the firm that relate directly to this type of work (please provide a reference
for each work cited).
II. Technical, educational and training experience and number of years of experience in the field of
the assigned staff and any anticipated subcontracted staff. Include the proposed function(s) of
subcontractors.
III. Project Approach. Provide a description including a statement that reflects a clear understanding
of different tasks and necessary work based on the description above.
IV. Additional information: Provide any additional pertinent information that would be helpful in
the consideration of your response.
Tab 3. Litigation
1. Has the respondent ever failed to complete work or provide the goods for which it has
contracted? (If yes, provide details.)
I1. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the respondent, or its officers or general partners? (If yes, provide details.)
III. Has the respondent, within the last five (5) years, been a party to any lawsuit or arbitration
with regard to a contract for services, goods or construction services similar to those
requested in the RFQ? (If yes, the Respondent shall provide a history of any past or pending
claims and litigation in which the Respondent is involved as a result of the provision of the
same or similar services which are requested or described herein.)
RFQ for Transportation Planning Services
IV. Has the respondent ever initiated Iitigation against the county or been sued by the county in
connection with a contract to provide services, goods or construction services? (If yes,
provide details.)
V. Whether, within the last (5) years, an officer, general partner, controlling shareholder or
major creditor of the respondent was an officer, general partner, controlling shareholder or
major creditor of any other entity that failed to perform services or furnish goods similar to
those sought in the request for proposals.
Tab 4. County Forms and Licenses. Respondent shall complete and execute the forms specified
below and found at designated pages in this RFQ, as well as copies of all professional and
occupational licenses:
I. Submission Response Form
[I. Lobbying and Conflict of Interest Clause
III. Non -Collusion Affidavit
IV. Drug Free Workplace Form
V. Public Entity Crime Statement
VI. Local Preference Form (if applicable)
VII. Respondent's Insurance and Indemnification Statement
VIII. Insurance Agent's Statement, and
IX. Professional and Occupational Licenses
1.02 COPIES OF RFQ DOCUMENTS
A. Only complete sets of RFQ Documents will be issued and shall be used in preparing
responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFQ Documents may be obtained in the manner and at the locations
stated in the Notice of Calling for Qualifications.
1.03 RFQ REQUIREMENTS
See Notice of Request for Qualifications.
Interested firms or individuals are requested to indicate their interest by submitting a total of six
(6), two (2) signed originals and four (4) complete copies of their proposal in a sealed package
marked on the outside, "RFQ — Transportation Planning Assistance for Monroe County",
addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key
West, FL 33040, on or before 3:00 P.M. local time on . No proposals will
be accepted after 3:00 P.M. Faxed or e-mailed Proposals will be automatically rejected.
RFQ for Transportation Planning Services
1.04 DISQUALIFICATION OF RESPONDENT
A. NON -COLLUSION AFFIDAVIT: Any person submitting a qualifications package in
response to this invitation must execute the enclosed NON -COLLUSION AFFIDAVIT.
If it is discovered that collusion exists among the Respondents, the proposals of all
participants in such collusion shall be rejected, and no participants in such collusion will
be considered in future bids for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a proposal on
a contract to provide any goods or services to a public entity, may not submit a proposal
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit Proposals on leases or perform work as a contractor,
supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list. Category Two: $25,000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a qualifications package in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his response. Failure to complete this form in every detail and
submit it with your qualifications package may result in immediate disqualification of
your submittal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a
qualifications package in response to this invitation must execute the enclosed
LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or
proposal. Failure to complete this form in every detail and submit it with the package
may result in immediate disqualification.
1.05 EXAMINATION OF RFQ DOCUMENTS
A. Each Respondent shall carefully examine the RFQ and other contract documents, and
inform themselves thoroughly regarding any and all conditions and requirements that
may in any manner affect cost, progress, or performance of the work to be performed
under the contract. Ignorance on the part of the Respondent will in no way relieve them
of the obligations and responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, respondents shall at once
notify the COUNTY.
1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received seven (7) or more days prior to the
RFQ for Transportation Planning Services
date fixed for opening of responses will be given consideration. All such changes or
interpretation will be made in writing in the form of an addendum and, if issued, will be mailed
or sent by available means to all known prospective Respondents prior to the established opening
date. Each Respondent shall acknowledge receipt of such addenda in their submittal. In case
any Respondent fails to acknowledge receipt of such addenda or addendum, his response will
nevertheless be construed as though it had been received and acknowledged and the submission
of his response will constitute acknowledgment of the receipt of same. All addenda are a part of
the contract documents and each Respondent will be bound by such addenda, whether or not
received by him. It is the responsibility of each Respondent to verify that he has received all
addenda issued before responses are opened.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the
work.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business as
or "Sole Owner" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and the words
"'Member of the Firm" should be written beneath such signature. If the Respondent is a
corporation, the title of the officer signing the submittal on behalf of the corporation must be
stated along with the Corporation Seal Stamp and evidence of his authority to sign must be
submitted. The Respondent shall state in the response the name and address of each person
interested therein.
1.09 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
1.10 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and announced
at the appointed time and place stated in the Notice of Request for Qualifications. Monroe
County's representative authorized to open the responses will decide when the specified time has
arrived and no responses received thereafter will be considered. No responsibility will be
attached to anyone for the premature opening of a response not properly addressed and
identified. Respondents, or their authorized agents, are invited to be present.
1.11 DETERMINATION OF SUCCESSFUL RESPONDENT
The County reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the County. Responses which contain
RFQ for Transportation Planning Services
modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not
requested or irregularities of any kind, or which do not comply in every respect with the
Instructions, and the contract documents, may be rejected at the option of the County.
1.12 AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for each service area and to
waive any informality in any response, or to re -advertise for all or part of the work
contemplated. If responses are found to be acceptable by the Owner, written notice
will be given to the selected Respondent of the award of contract(s).
B. If the award of a contract is annulled, the County may award the contract to another
Respondent or the work may be re -advertised or may be performed by other qualified
personnel as the County decides.
C. A contract will be awarded to the Respondent deemed to provide the services which
are in the best interest of the County, considering price, qualifications, time frame,
and other factors deemed relevant.
D. The County also reserves the right to reject the response of a Respondent who has
previously failed to perform properly or to complete contracts of a similar nature on
time.
E. All responses, including the recommendations of the County Administrator or his
designee, will be presented to the Board of County Commissions of Monroe County,
Florida, for final awarding or otherwise.
1.13 CERTIFICATE OF INSURANCE
The Contractor will be responsible for all necessary insurance coverage as indicated on the attached
forms. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after
award of bid, with Monroe County BOCC listed as additionally insured on all except Workers
Compensation. If the proper insurance forms are not received within the fifteen (15) days, the contract
may be awarded to the next selected Respondent.The Contractor shall defend, indemnify, and hold
harmless the County as outlined on the attached form.
RFQ for Transportation Planning Services
EXHIBIT A - LEVEL OF SERVICE TASK FORCE METHODOLOGY
RFQ for Transportation Planning Services
A METHODOLOGY TO ASSESS LEVEL -OF -SERVICE
ON US-1 IN THE FLORIDA KEYS
By
Rafael E. De Arazoza
Florida Department of Transportation
District 6
602 South Miami Avenue
Miami, Florida 33130
(306) 377-6910
And
Douglas S. McLeod
Florida Department of Transportation
Mail Station 19
605 Suwannee Street
Tallahassee, Florida 32399-0450
(904) 922-0"9
For Presentation at the
Transportation Research Board Annual Meeting
January 1993
RFP for Transportation Planning Services
ABSTRACT
This paper presents the methodology developed to assess level -of -service (LOS) on US-1 in
the Florida Keys. Although predominantly an uninterrupted flow two-lane roadway in the
Keys, USA's uniqueness warrants all alternative LOS evaluation process to that found in the
1985 Highway Capacity Manual.
U.S.-1 extends from the Key West to the Florida mainland with no major roads intersecting it.
Furthermore, no other principal arterial serves the Keys or the Keys' resident and tourist
population, well over 100,000. Its unique geography, land use patterns, trip making
characteristics presented a challenge in developing and applying a reasonable and
acceptable method to assess its LOS.
A uniform method was developed to assess LOS on U.S.-1 to cover both its overall arterial
length from Key West to the Florida mainland, and 24 roadway segments delineated. The
methodology employs average travel speed as the main measure of effectiveness. It was
developed from basic criteria and principles contained in Chapters 7 (Rural Multilane
Highways), 8 (Rural Two -Lane Highways) and 11 (Urban and Suburban Arterials) of the 1985
Highway Capacity Manual.
The results of the study correlate well with perceived operating conditions on US-1 and over
a two-year period the methodology appears to have a good level of reliability. The authors
recommend that for uninterrupted flow conditions in developed areas, Chapters 7 and 8 of
the Highway Capacity Manual incorporates average travel speed as the main measure of
effectiveness to determine LOS.
RFP for Transportation Plannina Services
A METHOD TO ASSESS LEVEL -OF -SERVICE
ON US-1 IN THE FLORIDA KEYS
INTRODUCTION
The purpose of this paper is to present the methodology developed by the Monroe County
US-1 level -of -service (LOS) Task Force to assess LOS on US-1 (the Overseas Highway) in the
Florida Keys (1). The authors are members of the referenced task force.
US-1 which is mostly two -lanes, has unique geographic and trip characteristics. It extends
through the Florida Keys covering approximately 180 kilometers (112 miles) from the City of
Key West to the Florida mainland (Figure 1). There are 48 bridges crossing water for a total
length of 35 km (22 mi), with the longest bridge approximately 11 km (7 mi) long. There is no
other road, to provide vehicular access to the Florida Keys from the rest of Florida or
anywhere else. Few local roads are 5 km (3 mi) in length. Consequently, US-1 serves not
only as a regional principal arterial which serves intra as well as interstate travel, but also
serves as the local road for most of the trips within the Keys. US-1 Annual average daily
traffic (AADT) volumes range from a low of 4700 to a high of 34200. The road serves a large
tourist demand and is one of the most scenic in the United States. The linear geography with
the narrow land width of most of the Florida Keys are further characteristics.
Most of the surrounding land use is rural developed and suburban in nature; however, some
areas are totally rural and others are urban, such as the Key West and its suburbs. With the
exception of the few completely rural segments and the bridges, strip commercial stores,
motels and restaurants are very common throughout the Keys along US-1. Numerous
driveways and intersecting local roads provide access to the surrounding residential areas.
The US-1 LOS study encompassed approximately 174 km (108 mi) of US-1 from Key
WestfStock Island to the Monroe/Dade County Line, broken down as follows:
129 km (80 mi) (74%) two-lane uninterrupted flow;
32 km (20 mi) (19 %) four -lane uninterrupted flow; and
0 13 km (8 mi) (7%) four -lane urban/suburban interrupted flow.
Part of the growth management process in Florida is to assess roadway LOS to determine if
roadway facilities meet standards established by state regulations. The Transportation
Research Board Special Report 209 Highway Capacity Manual (HCM) (2) is extensively used
throughout Florida as the source document to determine highway capacities and LOS.
RFP for Transportation Planning Services
HCM Chapter 7 (Rural Multilane Highways), 8 (Rural Two -Lane Highways) and 11 (Urban and
Suburban Arterials) were consulted to determine applicability to the unique conditions and
vehicular traffic operations and characteristics of the Florida Keys. Only the 13 km (8 mi) of
urban/suburban interrupted flow and the small percentage of the two-lane truly rural portions
correlate directly to the HCM Chapters 11 and 8.
Thus, the challenge was to develop a methodology to assess arterial LOS along US-1 without
deviating from the principles of the HCM> Towards that end a task force was created
consisting of representatives from State and local agencies and an engineering consulting
firm.
THE NEED TO DEVELOP A LOS MEASUREMENT METHOD
From a state transportation perspective, the overall operating conditions of US-1 is
important, not the condition of any smaller segment. With Key West as a major tourist
destination at the southern end of the Keys and no alternative routes, the logical analysis
section of highway extends from Key West to the mainland. From local transportation and
development approval perspectives, shorter segments for analysis are desirable.
Chapter 8 of the HCM presents a methodology which applies to typical rural two-lane
highways with basically long stretches of roads, and few side intersecting streets and
driveways directly connecting to the roads. Chapter 8 methodology relies mainly on "percent
time delay" to assess LOS. The HCM further states that "Percent time delay ... is defined as
the average percent of time that all vehicles are delayed while traveling in platoons due to
inability to pass. Percent time delay is difficult to measure directly in the field. The percent
of vehicles traveling at headways less than 6 seconds can be used as a surrogate measure in
field studies."
Chapter 8 of the HCM also uses average travel speed and capacity utilization as additional
measures of effectiveness to assess LOS. However, the HCM states clearly that percent time
delay is the primary measure of service quality. Further inspection of the average speeds for
level terrain depicted by Table 8-1 of the HCM do not correspond well with the typical
operating speeds of US-1 in the Florida Keys. For instance, Table 8-1 shows average speeds
ranging from 68 mph (93 kmh) (LOS A) to 46 mph (72 kmh) (LOS D).
The overall weighted posted speed limit for US-1 in the Florida Keys is 79.7 kmh (49.5 mph).
The overall median operating speeds along US-1 according to the 1991 and 1992 field studies
(3,4) were 76.8 and 76.6 kmh (47.7 and 46.9 mph), respectively. The field studies showed, for
the most part, the survey vehicle(s) was traveling close to the posted speed limit.
RFP for Transportation Planning Services
It is believed the average motorist in the Florida Keys is mostly concerned with operating at
an acceptable average travel speed rather than being concerned about the ability to pass.
This is supported by the physical and traffic characteristics of the Keys (e.g., adjacent land
development, sight seeing tourists), local knowledge, and discussions with motorists.
From the above statements, it was clear to the task team that HCM Chapter 8 methodology
could not be applied to US-1 for analysis of its two-lane sections.
With regards to the four -lane uninterrupted flow portions of US-11, a similar dilemma
occurred. HCM Chapter 7 methodology applies to multi -lane highways with operating
characteristics generally unlike those of US-1 through the Florida Keys. For instance,
average travel speeds depicted by Table 7-1 of the HCM are also higher than those
encountered in the Keys. Further, the methodology inherent in equations (7-1), (7-2) and (7-
3)are closely related to those of freeways with their higher service flow rates, which again
neither simulate nor resemble those of US-1 in the Keys. The Four -lane portion is found
mostly in Key Largo (the northeastern end of the Keys) which has a weighted posted speed
limit of 72.5 kmh (45 mph). Key largo is developed with strip commercial and residential
development. It has numerous driveway connections and side streets directly accessing US -
I.
The remaining 7% of the total US-1 mileage is four -lane interrupted flow. These are the
portions encompassing Marathon (in the middle of the Keys) and Stock Island (near Key
West). The operating characteristics here are truly urban/suburban and interrupted flow in
nature resembling those of HCM Chapter 11. Thus, the methodology of Chapter 11 was
employed in assessing LOS on these segments.
From the preceding discussion, it was evident that a distinct method to assess LOS on US-1
had to be developed. The task team's efforts concentrated on keeping consistency with the
basic philosophy of the HCM, and yet be sensitive to the Keys uniqueness. Thus, the
proposed methodology correlates measured travel speeds along US-1 with LOS speed
thresholds developed as part of this study. This is in line with the concept behind the HCM
of average travel speed being the main parameter to measure arterial LOS.
METHODOLOGY
Considering the types of trips served by US-1, it was decided to conduct travel time and
delay runs to cover both the entire length of US-1 from Key West to the Monroe/Dade County
Line (mainland) and for each segment of the highway along the way. Twenty-four segments
RFP for Transportation Planning Services
were selected as depicted by Table 1. Each segment is fairly homogeneous in nature having
a uniform roadway cross section and traffic flow.
Travel speeds for the overall length (from Key West to the mainland) provide an indication of
the LOS for the regional trips. Travel speeds for each segment also provides an opportunity
to assess the impact of local trips. Establishing speed criteria for both the overall length and
for each roadway segment satisfies the requirements of the Florida growth management
process.
The next step in the process was to determine the number of travel time runs and how, when
and to/from where. Runs were started at both ends of US-1. For example, one run started on
Stock Island (Key West City limits) and proceeded to the mainland (Dade County). After
reaching this point, the vehicle turned back and proceeded to end the run where it started, on
Stock Island. On another day the reverse was true (i.e., the run started in Dade County
instead of Stock Island). It was decided to perform a total of fourteen two-way runs or
twenty-eight in each direction covering the 174 km (108 mi) study portion of US-1. Twenty-
eight runs provide enough data for statistical significance. Control points were established
at each of the 24 segments to record travel time and speed data specific to each one of those
segments. Seven runs were started at Stock Island and seven in Dade County. Each began
at staggered hours to cover the varied trip purposes and time frames within the Keys. The
surveys were conducted during March, reflecting the area's peak traffic season.
For each run the process provided data, such as running speed and travel speed, in each
direction of US-1. Vehicular traffic counts were also collected at three locations covering
seven days.
The travel time runs yielded a total of 28 one-way travel speed values for the overall length of
US-1 and for each of the 24 segments. The value selected for analysis was the median speed
which would reflect a "typical peak period during the peak season." In other developed parts
of Florida the typical peak hour of the peak season approximates the 100th highest hour of
the year (5).
The median value was also selected, instead of the average, to avoid the influence of
extremely high or low speed value at either end of the survey population.
The process up to this point provided median travel speeds. The question then became,
what LOS do these speeds represent.
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The next step was to develop a set of LOS/Speed threshold values for both the overall length
of US-1 and the pertinent segments of the highway. Towards this end, the speed ratios
between LOS thresholds from Tables 7-1, 8-1 and 11-1 of the HCM were used in the analysis.
These ratios were weighted against actual mileage of US-1 in the Florida Keys to represent
the prevailing type of flow; two-lane uninterrupted flow, four -lane uninterrupted flow and
four -lane interrupted flow. For example, from the level terrain portion of HCM Table 8-1, the
ratio between LOS B speed and LOS A speed is 55/58 = 0.948. The ratio between LOS CILOS
A = 52/58 = 0.897; the ratio between LOS D/LOS A = 60168 = 0.862 and so on. The same
process was applied to Tables 7-1 (96.6 kmh) (60 mph) and 11-1. Then each ratio was
weighted to take into account the length of the section of US-1 to which that type of traffic
flow applied. Once all the ratios were developed, the weight criteria was applied as in the
following example:
TYPE OF FLOW
LOS C/LOS A RATIO WEIGHT
Two-lane uninterrupted
52158 = 0.897 74
Four -lane uninterrupted
44/50 = 0.880 19
Four -lane interrupted
22135 = 0.629 07
Therefore, the overall speed ratio between LOS C and LOS A is:
V4(0.897)+ 19(0.880)+7(0.629 )]+100=0.875
The above process was applied to develop all the required ratios.
Further observations with reference to Tables 8-1, 7-1 and 11-1 yielded the following. From
Table 8-1 the difference between LOS A and LOS B speeds is 4.8 kmh (3 mph), or 4.8 kmh (3
mph) above an assumed posted speed limit of 88 kmh (55 mph). From Tables 7-1 and 11-1
the differences are 3.2 kmh and 11.3 kmh (2 mph and 7 mph), respectively, with LOS lower
than assumed speed limits. Therefore, from these observations plus local knowledge, it was
determined that the overall US-1 posted speed limit is 79.7 kmh (49.6 mph) reasonably fell
between the LOS A and B thresholds. This assumption is not far away from the premise that
if a vehicle is able to sustain a travel speed equal to the posted speed limit, then it will
correspond typically with the upper ranges of LOS (i.e., LOS A or B).
With the above speed differentials and LOS range premise in mind, the US-1 overall speed
thresholds for LOS A and B became 82.1 kmh (51 mph) (2.4 kmh (1.5 mph) above 79.7 kmh
(49.5) and 77.3 kmh (48 mph), respectively. Applying the developed ratio between LOS C/LOS
A to the LOS A speed resulted in 72.5 kmh (46 mph), rounded off (i.e., 0.875 x 82.1 kmh (51
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mph) = 71.8 kmh (44.6 mph)), which then became the threshold for LOS C. After applying all
the ratios the overall LOS criteria for US-1 became:
LOS Speed
A z 82 kmh (61 mph)
B 77 kmh (48 mph)
C a 72 kmh (45 mph)
D a 68 kmh (42 mph)
E �t 58 kmh (36 mph)
F < 58 kmh (36 mph)
Inspection of the criteria above indicates a close relationship with the speed differentials of
both Tables 8-1 and 7-1 of the HCM. Comparing the median speed data for US-1 from the
1991 and 1992 field studies to the above criteria resulted in an overall LOS of C for both
years, i.e., 76.8 kmh (47.7 mph) for 1991 and 75.5 kmh (46.9 mph) for 1992. These speeds are
2.9 kmh (1.8 mph) and 4.2 kmh (2.6 mph) below the overall weighted 79.7 kmh (49.5 mph)
speed limit, which would correspond to the upper range of LOS C. The authors also believe
that LOS C is the appropriate LOS designation for the whole of US-1 from Key West to the
mainland.
A final step was still needed to complete the task of developing LOS/Speed threshold values
for the segments of US-1. No further work was needed to cover the 7% mileage of the
interrupted portions of US-1 found on Marathon and Stock island, adjacent to Key West. As
discussed earlier, these segments correlate with Chapter 11 of the HCM. Therefore, direct
application of Table 11-1 LOS/speed criteria for a Class I arterial was made.
The remaining segments fell within the two-lane and four lane uninterrupted flow criteria. It
was decided to make LOS A speed criterion 2.4 kmh (1.5 mph) above the weighted posted
speed limit in order to keep consistency with the overall criteria. LOS C speed was set 9.7
kmh (6 mph) below LOS A speed consistent with Tables 7-1 and 8-1 of the HCM. LOS B and
D speed criteria were set to provide equal increments between LOS A and LOS D (i.e., LOS B
4.8 kmh (3 mph) below LOS A speed and LOS D 4.8 kmh (3 mph) below LOS C speed). LOS E
was set 9.7 kmh (6 mph) below the LOS D Speed. This makes the segmental speed
differential between LOS thresholds consistent with the differentials in the overall criteria,
except for one consideration. On any segment, intersection delay would be deducted from
the segment's travel time to account for the influence of that signal on the segment (i.e.,
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signal delay = 1.0 x 15 seconds average stopped delay). This corresponds to an LOS C delay
due to isolated signals. LOS C delay was chosen because LOS C is the state LOS standard
for US-1 in the Florida Keys. The rationale behind deducting signal delay from the segment
analysis was to recognize for the impact of signals in reducing travel time. This provides the
required sensitivity in the segment which is not only to assess the impact of regional
vehicular trips, but also those that are local in nature. The following illustrates the concept
plus one example for the US-1 Segmental LOS/speed relationship.
o The uninterrupted flow segment criteria are:
LOS SPEED
A z 2.4 kmh (1.5 mph) above the posted speed limit
B it 4.8 kmh (3.0 mph) below LOS A
C 2t 9.7 kmh (6.0 mph) below LOS A
D z 14.5 kmh (9.0 mph) below LOS A
E Z 24 kmh (16.0 mph) below LOS A
F < 24 kmh (16.0 mph) below LOS A
A segment having a weighted posted speed limit of 72 kmh (46 mph) would then have
this criteria:
LOS SPEED
A z 74.9 kmh (46.6 mph)
B 2t 70.0 kmh (43.5 mph)
C Z 66.2 kmh (40.5 mph)
D z 60.4 kmh (37.5 mph)
E z 50.7 kmh (31.5 mph)
F < 50.7 kmh (31.5 mph)
The LOS/Speed criteria for interrupted flow segments (marathon and Stock Island) are
based directly on a Class I arterial from Table 11-1 of the HCM.
LOS SPEED
A z 56.4 kmh (36 mph)
B z 45.1 kmh (28 mph)
C z 35.4 kmh (22 mph)
D z 27.4 kmh (17 mph)
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E z 20.9 km (13 mph)
F < 20.9 kmh (13 mph)
Speed data from both the overall length of US-1 and the individual segments were compared
against the applicable LOS/speed thresholds. This provided for an assessment of the facility
LOS plus an indication of reserve speed, if any.
Under Florida's and Monroe County's growth management process if the overall LOS for US-
1 fell below the LOS C standard, then no additional land development would be allowed to
proceed in the Florida Keys. Unless the proposed new development traffic impact were
mitigated. If the overall LOS for US-1 was C or better, then additional development could take
place in those segments where there was reserve speed available (i.e., segment's speed was
higher than the standard threshold).
Besides meeting highway LOS standards there are numerous other considerations in
Florida's growth management process pertaining to the Florida Keys that are beyond the
scope of this paper. As mentioned in the introduction, the purpose of this study was to
present the methodology to assess LOS on US-1.
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SECTION TWO: DRAFT CONTRACT
These contract documents should be used only after consultation with counsel. The documents are not
intended as legal advice appropriate to any specific situation, nor do they purport to address all issues
which may arise between the contracting parties. The documents should be amended or supplemented
where appropriate.
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ENGINEER (the "Contract" or "Agreement") is made and entered into by Monroe County
("Owner" or "County"), a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe
County Board Of County Commissioners ("BOCC"), and _ , the
("Engineer")., whose address is , its successors and assigns on the _ day of
2010.
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g).
The professional services required by this Contract are to be rendered for projects in which the
estimated construction costs of each individual project under the contract does not exceed Two
Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each
individual study under the contract does not exceed Two Hundred Thousand Dollars
($200,000.00).
The parties shall enter into a separate task order for each study awarded to the Engineer by the
Owner. The specific services to be performed under these separate contracts will be determined
by the Owner and agreed to by the Engineer. Each separate contract will contain specific scope
of work, time schedule, charges and payment conditions, and additional terms and conditions
applicable to that specific task order.
The professional services required by this contract will be for services in the form of a
continuing contract, commencing on the effective date of this contract and ending four years
thereafter, with options for Owner to renew on an annual basis for two additional years.
The terms and conditions of this Contract shall apply to any task order or separate contract, if
required, unless expressly modified in the provisions of the separate contract. Where the terms of
this Contract differ from the terms of the separate contract, the terms of the separate contract
shall take precedence. The separate contract will contain its specific scope of work and it is
anticipated by this Contract that the scope of work in the separate contract will be in addition to
the scope of work outlined in this Contract
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Engineer agree:
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FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Engineer makes the following express representations and warranties
to the Owner:
1.1.1 The Engineer is a professional qualified to act as the Engineer for the assignment and is
licensed to practice Engineerure/Engineering by all public entities having jurisdiction over the
Engineer and the assignment;
1.1.2 The Engineer shall maintain all necessary licenses, permits or other authorizations
necessary to act as Engineer for the assignment until the Engineer's duties hereunder have been
fully satisfied;
1.1.3 The Engineer shall prepare all documents that may be developed under this Contract
including, but not limited to, all contract plans and specifications, in such a manner that they
shall be in conformity and comply with all applicable law, codes and regulations. The Engineer
warrants that any documents prepared as a part of this Contract will be adequate and sufficient to
accomplish the purposes of the task order, therefore, eliminating any additional construction cost
due to missing or incorrect design elements in the contract documents;
1.1.4 The Engineer assumes full responsibility to the extent allowed by law with regards to his
performance and those directly under his employ as Engineer of Record.
1.1.5 The Engineer's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Engineer shall submit, for
the Owner's and Monroe County Growth Management Division's information, a schedule for the
performance of the Engineer's services which may be adjusted as task order proceeds if
approved by the Owner, and shall include allowances for periods of time required for the
Owner's and Monroe County Growth Management Division's review, and for approval of
submission by authorities having jurisdiction over the task order. Time limits established by this
schedule and approved by the Owner may not be exceeded by the Engineer except for delay
caused by events not within the control of the Engineer or foreseeable by him.
1.1.6 In providing all services pursuant to this agreement, the Engineer shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to
terminate this agreement immediately upon delivery of written notice of termination to the
Engineer.
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ARTICLE II
SCOPE OF ENGINEER'S BASIC SERVICE
2.1 DEFINITION
Engineer's Basic Services consist of:
Task 1 — Annual US 1 Arterial Travel Time and Delay Studies
1. Purpose
The travel time studies will be used to monitor the level of service on US 1 based on Monroe
County Comprehensive Plan Policies and Land Development Codes for concurrency
management purposes pursuant to Chapter 163, Florida Statutes. The studies will be conducted
in accordance with the methodology that was developed by the US 1 LOS Task Force and
approved by the County, the Florida Department of Transportation, and the Florida Department
of Community Affairs.
2. Minimum Activities to Complete Study
A. Using the floating car method, the County will record travel time, speed, and delay data
for:
a. Each of the 24 segments of US 1 from Florida City to Stock Island, and
b. The length of US 1 from Miami -Dade County line to Cow Key Channel.
B. The data will be recorded by date, day of week, time of day, and direction.
C. The study will be conducted over 14 days within the six week period from February 15 to
March 31. The study will consist of 14 round trip runs, sampling each day of the week
twice.
D. The study schedule will be coordinated with seven day, 24 hour traffic counts to be
conducted by FDOT in Islamorada, Marathon, and Big Pine Key.
E. The study will employ the staggered schedule of departure times previously approved by
the Task Force so as to record peak hour conditions in as many different locations as
possible.
F. The study results will be summarized in a report format including a series of tables and
graphs. A statistical analysis of the mean, median, standard deviation, and range of
speeds for each segment and for the overall distance will be provided. Excess roadway
capacity and deficiencies in capacity will be reported.
Task 2: General Transportation Planning Assistance
1. Purpose
The purpose of this task is to provide assistance to the Monroe County Growth Management
Division staff for the purpose of maintaining and updating the Long Range Transportation Plan,
to ensure that transportation concurrency requirements are met by public and private
development, and other tasks necessary to maintain a high level of coordination between land
use planning and transportation planning activities in the Florida Keys. This task will provide
assistance for general transportation planning and analysis activities, including data collection
and technical support.
2. Activities
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The transportation planning consultant will provide assistance to Monroe County Growth
Management Division in the following areas:
a) Review of private development site plans for internal traffic flows and access;
b) Preparation of traffic impact reports;
c) Review of access management issues;
d) Development of access management plans;
e) Origin -destination studies;
f) Attendance at appropriate public meetings and hearings;
g) Trip generation rates for land uses;
h) Provision of review comments on relevant transportation documents prepared by other
agencies;
i) Review of transportation element of reports and plans prepared by County staff in
support of the comprehensive plan amendments;
j) Systems planning analysis (including running the FSUTMS model or other transportation
planning models deemed as appropriate by Client and Consultant;
k) Reevaluation of the level of service methodology for US 1; and
1) Special transportation projects to implement the comprehensive plan.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They shall
be paid for by the Owner as provided in this agreement as an addition to the compensation paid
for the Basic Services but only if approved by the Owner before commencement, and as follows:
A. Providing services of Engineer for other than the previously listed consulting scope of
Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting practice.
C. Providing representation before public bodies in connection with the task order, upon
approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner shall issue
a letter requesting and describing the requested services to the Engineer. The Engineer shall
respond with fee proposal to perform the requested services. Only after receiving an amendment
to the task order and a notice to proceed from the Owner proceed with the Additional Services.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Growth Management Division to act on the
Owner's behalf with respects to the task orders. The Owner or Monroe County Growth
Management Division shall render decisions in a timely manner pertaining to documents
submitted by the Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of the Engineer's services. However, the parties acknowledge that due to Monroe
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County Policy, Ordinances or State or Federal Statute there may be times when a decision must
be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its
representative.
4.2 The Owner shall furnish the required information and services and shall render approvals
and decisions as expeditiously as necessary for the orderly progress of the Engineer's services
and work of the contractors.
4.3 The Owner's review of any documents prepared by the Engineer or its consultants shall
be solely for the purpose of determining whether such documents are generally consistent with
the Owner's criteria, as and if, modified. No review of such documents shall relieve the Engineer
of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work
product.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The Engineer covenants and agrees to indemnify and hold harmless Owner/Monroe
County and Monroe County Board of County Commissioners from any and all claims for bodily
injury, including death, personal injury, and property damage, including property owned by
Monroe County, and any other losses, damages, and expenses, including attorney's fees, court
costs and expenses, which arise out of, in connection with, or by reason of services provided by
the Engineer or its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act
or omission of the Engineer, their employees, or agents.
5.2 The first ten dollars ($10.00) of remuneration paid to the Engineer is for the
indemnification provided for above. Should any claims be asserted against the County by virtue
of any deficiency or ambiguity in the plans and specifications provided by the Engineer, the
Engineer agrees and warrants that he shall hold the County harmless and shall indemnify him
from all losses occurring thereby and shall further defend any claim or action on the County's
behalf.
5.3 In the event the completion of the task assignment is delayed or suspended as a result of the
Engineer's failure to purchase or maintain the required insurance, the Engineer shall indemnify
County from any and all increased expenses resulting from such delays. Should any claims be
asserted against County by virtue of any deficiencies or ambiguity in the plans and specifications
provide by the Engineer the Engineer agrees and warrants that Engineer hold the County
harmless and shall indemnify it from all losses occurring thereby and shall further defend any
claims or action on the County's behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
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ARTICLE VI
6.1 PERSONNEL
The Engineer shall assign only qualified personnel to perform any service concerning the
project.
ARTICLE VII
7.1 PAYMENT
Terms of payment are as follows:
Payment shall be made according to the Florida Local Government Prompt Payment Act.
7.2 REIMBURSABLE EXPENSES
Reimbursable expenses (travel, meals, mileage, or other expenses) are not allowed as part of this
contract.
7.3 BUDGET
7.3.1 The Engineer may not be entitled to receive, and the County is not obligated to pay, any
fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year
(October 1- September 30) by County's Board of County Commissioners. The budgeted amount
may only be modified by an affirmative act of the County's Board of County Commissioners.
7.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at
a level sufficient to allow for continued reimbursement of expenditures for services specified in
this Contract or in the separate contracts for individual projects, the agreement may be
terminated immediately at the option of the County by written notice of termination delivered to
the Engineer. The County shall not be obligated to pay for any services provided by the
Engineer after the Engineer has received written notice of termination, unless otherwise required
by law.
7.3.3 The County does not guarantee Engineer any specific amount of work under this
agreement. The parties shall enter into a task order for each assignment awarded to the Engineer
by the County. The specific services to be performed under these separate task orders will be
determined by the County and agreed to by the Engineer. Each separate task order will contain
specific scope of work, time schedule, charges and payment conditions, and additional terms and
conditions applicable to that specific contract.
7.3.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the transportation funding agency, the Board of County
Commissioners and the approval of the Board members at the time of contract initiation and its
duration.
ARTICLE VIII
8.1 APPLICABLE LAW
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This contract is governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and performed entirely in the State. Venue for any mediation,
dispute conferences or litigation arising under this contract must be in Monroe County, Florida.
The Parties waive their rights to a trial by jury.
ARTICLE IX
9.1 SUCCESSORS AND ASSIGNS
The Engineer shall not assign its right hereunder, excepting its right to payment, nor shall it
delegate any of its duties hereunder without the written consent of the Owner. The Owner and
Engineer, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of this Agreement.
ARTICLE X
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
10.1 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, between the
parties which creates or gives rise to any rights in favor of, any third party.
10.2 INDEPENDENT CONTRACTOR RELATIONSHIP
The Engineer is and shall be an independent contractor in the performance of all work, services,
and activities under this Agreement and is not an employee, agent or servant of the County. The
Engineer shall exercise control over the means and manner in which it and its employees
perform the work and in all respects the Engineer's relationship and the relationship of its
employees to the County shall be that of an independent contractor and not as employees or
agents of the County. The Engineer does not have the power or authority to bind the County in
any promise, agreement or representation other than such power and authority that is specifically
provided for in this Agreement.
ARTICLE XI
4WM 1e&111_117:]e1Q N
11.1.1 The Engineer shall obtain insurance as specified and maintain the required insurance at
all times that this Agreement is in effect. Professional Liability Insurance shall also be
maintained as specified. In the event the completion of the project (to include the work of others)
is delayed or suspended as a result of the Engineer's failure to purchase or maintain the required
insurance, the Engineer shall indemnify the County from any and all increased expenses
resulting from such delay.
11.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating
of VI or better, that is licensed to do business in the State of Florida and that has an agent for
service of process within the State of Florida. The insurance certificate shall contain an
endorsement providing thirty (30) days notice to the County prior to any cancellation of said
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coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a
form acceptable to the County.
11.1.3 Engineer shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims
for injuries to members of the public and/or damages to property of others arising
from use of motor vehicles, including onsite and offsite operations, and owned, hired
or non -owned vehicles, with One Hundred Thousand Dollars ($100,000.00)
combined single limit and One Hundred Thousand Dollars ($100,000.00) annual
aggregate.
D. Commercial general liability covering claims for injuries to members of the public or
damage to property of others arising out of any covered act or omission of the
Engineer or any of its employees, agents or subcontractors or subconsultants,
including Premises and/or Operations, Independent Contractors; Broad Form
Property Damage and a Contractual Liability Endorsement with Five Hundred
Thousand Dollars ($500,000.00) per occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per
claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a
"claims made" policy, Engineer shall maintain coverage or purchase a "tail" to cover
claims made after completion of the project to cover the statutory time limits in
Chapter 95 of the Florida Statutes.
F. County shall be named as an additional insured with respect to Engineer's liabilities
hereunder in insurance coverage identified in Paragraphs C and D.
G. Engineer shall require its subconsultants to be adequately insured at least to the limits
prescribed above, and to any increased limits of Engineer if so required by County
during the term of this Agreement. County will not pay for increased limits of
insurance for subconsultants.
H. Engineer shall provide to the County certificates of insurance or a copy of all
insurance policies including those naming the County as an additional insured by
including any subsection thereunder. The County reserves the right to require a
certified copy of such policies upon request.
ARTICLE XII
TERMINATION
12.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7)
days written notice to the other in the event that such other party negligently or for any reason
substantially fails to perform its material obligations set forth herein. No termination expenses
shall be paid by the Owner after the date of notice of termination.
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12.2 The Owner may terminate this Contract without cause by giving the other party thirty
(30) days written notice of its intention to do so. Termination expenses shall include expenses
available under the contract through the date on the notice of termination and shall not include
any additional services required in order to stop performance of services, unless agreed to in
writing by the County and subject to audit for the purpose of verification.
ARTICLE XIII
ENTIRE AGREEMENT
13.1 This contract constitutes of the form of agreement, the exhibits that are attached and
made a part of the contract, the response document, and the documents referred to in the form of
agreement as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the Engineer will control.
13.2 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
ARTICLE XIV
DISPUTE RESOLUTION
14.1 County and Engineer agree that all disputes and disagreements shall first be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be submitted to mediation before a mediator mutually agreed to by the parties. The
cost of mediation shall be shared equally. The parties agree that mediation is a condition
precedent to the institution of legal or equitable proceedings by either party. Request for
mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to
hear the dispute.
14.2 Mediation shall be held in Monroe County, Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
14.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of County
Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction in Monroe County.
14.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from
any court of competent jurisdiction ordering the parties to enter into mediation after institution of
legal or equitable proceedings.
14.5 Arbitration is specifically rejected by the parties as a method of settling disputes which
arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a
dispute which may arise under this Agreement.
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ARTICLE XV
Additional Requirements
15.1 The following items are part of this contract:
a) Engineer shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the County or Clerk determines that monies paid
to Engineer pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Engineer shall repay the monies together with interest calculated pursuant to F.S.
Sec. 55.03, running from the date the monies were paid to County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Engineer agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a
trial by jury. The County and Engineer agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding, pursuant to this
agreement.
c) Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Engineer agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attomey's Fees and Costs. The County and Engineer agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs expenses, as an award against the non -prevailing party,
and shall include attorney's fees and courts costs expenses in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Engineer and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law. Each party agrees that it has had ample opportunity to
RPP for Transportation Planning Services
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Engineer and County agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Engineer agree that all
disputes and disagreements shall be attempted to be resolved under Section XVI of this
agreement. If no resolution can be agreed upon within 30 days after mediation, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
i) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and Engineer agree to participate, to the extent required by the other party,
in all proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. County and Engineer
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
j) Nondiscrimination. Engineer and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. Engineer or County agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Any other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. Engineer and County covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
RFP for Transportation Planning Services
1) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.3I3, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
m) No Sol icitation/Payment. The Engineer and County warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Engineer agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Access. The Engineer and County shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the Engineer and County in conjunction with this Agreement; and the Engineer shall have the
right to unilaterally cancel this Agreement upon violation of this provision by County.
o) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the Engineer and the County in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
Engineer and the County agree that neither the Engineer nor the County or any agent, officer, or
RFP for Transportation Planning Services
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
s) Attestations. Engineer agrees to execute such documents as the County may
reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA). The Engineer will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the Engineer pursuant thereto.
v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the policy
of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under
this Agreement. The DBE requirements of applicable federal and state laws and regulations
apply to this Agreement. The County and its Engineer agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that DBE's have the opportunity to compete and perform
contracts. The County and the Engineer and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts, entered pursuant to
this Agreement.
w) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
x) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
RFP for Transportation Planning Services
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By: _
Deputy Clerk
1) WITNESS TO Engineer's Signature:
WITNESS Signature
Print Witness Name
Date:
2) WITNESS TO Engineer's Signature:
I:
WITNESS Signature
Print Witness Name
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
Date:
(INSERT NAME of Engineer)
By:
Signature of Corporate Agent
Print Name of Corporate Agent
Date:
END OF AGREEMENT
RFP for Transportation Planning Services
SECTION THREE: COUNTY FORMS
Please follow the complete instructions to respondents specified in
Section 1 "Contractor Selection and Evaluation Process"
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
do PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
• Lobbying and Conflict of Interest Clause
• Non -Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Insurance Requirements
• Local Preference Form (if applicable)
(Check mark items above, as reminder that they are included)
In addition, I have included a current copy of the following professional and occupational
licenses:
List all personnel and price per man-hour, inclusive of all travel and other expenses (there will
be no reimbursable expense items). Please follow a similar format to that shown in Paragraph
4.2 of the draft contract (Section 2 of RFP),.
Mailing Address:
Signed:
(Name)
Telephone -
Fax:
Date:
Witness:
(Seal)
(Title)
RFP for Transportation Planning Services
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
11 ... warrents that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration
paid to the former County officer or employee."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
to me or has produced
identification) as identification.
(name of affiant). He/She is personally known
NOTARY PUBLIC
My Commission Expires:
(type of
RFP for Transportation Planning Services
NON -COLLUSION AFFIDAVIT
1, of the city of
my oath, and under penalty of perjury, depose and say that
according to law on
1. 1 am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal with full authority to do so;
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date)
by
(name of afant). He/She is personally
known to me or has produced (type
of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
RFP for Transportation Planning Services
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be impaosed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community , or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date)
by
known to me or has produced
of identification) as identification.
(name of affant). He/She is personally
NOTARY PUBLIC
My Commission Expires:
(type
RFP for Transportation Planning Services
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months fro the date of being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date)
by (name of affiant). He/She is personally
known to me or has produced
of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
(type
RFP for Transportation Planning Services
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Failure to
complete this form will result in disqualification from receiving local vendor preference.
Name of Bidder, Responder,
Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least
one year prior to the notice or request for bid or proposal? (Please furnish copy. )
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates
or performs business on a day to day basis that is a substantial component of the goods or services being offered to
Monroe County?
List Address:
Telephone Number:
B. Does the vendoriprime contractor intend to subcontract 50" o or more of the goods, services or construction to
local businesses meeting the criteria above as to licensing and location? _
If yes, please provide:
I . Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least
one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY OF
On this day of 20 , before me, the undersigned notary public, personally appeared
, known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that heishe is the person who executed the above
Local Preference Form for the purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
RFP for Transportation Planning Services
SECTION FOUR: INSURANCE REQUIREMENTS
1. Workers' Compensation insurance as required by the State of Florida.
2. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
3. Comprehensive business automobile and vehicle liability insurance covering claims
for injuries to members of the public and/or damages to property of others arising
from use of motor vehicles, including onsite and offsite operations, and owned, hired
or non -owned vehicles, with One Hundred Thousand Dollars ($100,000.00)
combined single limit and One Hundred Thousand Dollars ($100,000.00) annual
aggregate.
4. Commercial general liability covering claims for injuries to members of the public or
damage to property of others arising out of any covered act or omission of the
Engineer or any of its employees, agents or subcontractors or subconsultants,
including Premises and/or Operations, Independent Contractors; Broad Form
Property Damage and a Contractual Liability Endorsement with Five Hundred
Thousand Dollars ($500,000.00) per occurrence and annual aggregate.
5. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per
claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a
"claims made" policy, Engineer shall maintain coverage or purchase a "tail" to cover
claims made after completion of the project to cover the statutory time limits in
Chapter 95 of the Florida Statutes.
6. County shall be named as an additional insured with respect to Engineer's liabilities
hereunder in insurance coverage identified in Paragraphs C and D.
7. Engineer shall require its subconsultants to be adequately insured at least to the limits
prescribed above, and to any increased limits of Engineer if so required by County
during the term of this Agreement. County will not pay for increased limits of
insurance for subconsultants.
8. Engineer shall provide to the County certificates of insurance or a copy of all
insurance policies including those naming the County as an additional insured by
including any subsection thereunder. The County reserves the right to require a
certified copy of such policies upon request.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18, 2010 Division: Growth Management
Bulk Item: Yes X No _ Department: Land Steward
Staff Contact Person/Phone #: Beth Bergh ( x 2511)
AGENDA ITEM WORDING:
Approval of a grant task assignment with Florida Fish & Wildlife Conservation Commission (FFWCC)
to receive a $50,000 grant for the removal of invasive exotic plants from conservation lands that are
owned or managed by Monroe County.
ITEM BACKGROUND:
For the sixth consecutive year Monroe County has been awarded grant funds for invasive exotic plant
removal from FFWCC through the Florida Keys Invasive Exotics Task Force. This agenda item covers
the upcoming State 2010-2011 fiscal year and will build on the success of the five prior grants. The
grant funds will be used to hire a contractor to perform exotic plant removal on conservation lands that
are owned or managed by the County. The local match requirement of $25,444 will be funded by
mitigation fees paid by developers into the Environmental Land Management and Restoration Fund (no
ad valorem funds) to cover the costs of the Land Steward's time, cleanup and restoration costs.
PREVIOUS RELEVANT BOCC ACTION:
February 18, 2004 — approval of a 10 year contract for funding to remove invasive exotic plant species.
The Board has approved annual task assignments for grant funding since 2005.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $75,444 INDIRECT COST:
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: NA
No ad valorem
COST TO COUNTY: $25,444 (local match)— SOURCE OF FUNDS: Fund 160 -Env Rest Fund
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty ✓ OMB/Purchasing ✓ Risk Management ✓
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FFWCC
Contract # 08150-FK-097
Effective Date: Upon execution
Expiration Date: June 21, 2011
Contract Purpose/Description:
Task Assignment # FK 097, Invasive Exotics Removal Grant - Removal of invasive
exotic plant species from publicly
owned conservation lands in Monroe County.
Contract Manager: Beth Bergh
2511 Growth Management / 11
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 8/18/10
Agenda Deadline: 8/3/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 50,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: - - - -
Grant: $ 50,000Gu)10�-
County Match: $ 25,444 (in kind) - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance.
CONTRACT REVIEW
utilities
Changes
WNeeded Reviewer
Division Director) Yes4J...
❑ NoW
Risk Management i `d Yes❑ No[."
O.M.B.IPrchasing-7-z,7- 1O Yes[:] Noi
County Attorney j ,� a Yes❑ NoN
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
d y ,v
-7-c-�7-f6
-� -gI10
TASK ASSIGNMENT NOTIFICATION FORM
FWC CONTRACT NO. 08150
Task Assignment Number: FK-097
Contractor Name: Monroe County
Contractor's Contract Manager: Elizabeth Bergh (305) 832=2511
Project Title: Monroe County Contracting 10-11
Date: July 1, 2010
FWC Contract Manager: Greg Jubinsky 850-245-2821
FWC Site Manager: Dennis Giardina 239-229-5403
PID#: 97849391000
Task Description and Payment Schedule: Exhibit 1 describes the scope of work for this project. The Contractor is not authorized to
perform work on any additional sites until such time as the FWC and the Contractor have fully executed a Change Order for said
additional work. Any work performed by the Contractor contrary to this Task Assignment shall be at the Contractors expense. The
contractor is allowed to subcontract.
Task Assignment Conditions and Deliverables_
1. Control is defined as treatment effective in preventing re -sprout of treated target vegetation.
2. If 95% kill rate is not achieved for any area of the project after two months following project completion, one additional
thorough treatment of the plant will be the responsibility of the contractor at no cost to the contracting entities.
3. The Contractor shall notify the designated site manager prior to entering the work -site.
4. The Contractor shall provide written notification to the Contract Manager upon completion of treatment event(s).
5. Upon Site Manager approval, the Contractor is authorized to control incidental occurrences of any current EPPC category one or
category two invasive exotic plant species encountered within the Project Site(s). Costs for these control operations shall not exceed
the established Task Assignment amount, and must not jeopardize the Contractor's ability to achieve the required level of control for
the primary target species. It is the responsibility of the Contractor to determine that all control operations do not exceed the
established Task Assignment amount.
Task Assignment Start Date: Upon execution
Task Assignment Type:
Cost Reimbursement
Total Task Assignment Value
Funding Information:
Final Treatment Completion Date: June 21, 2011
Amount Not To Exceed:
$50,000.00
$50,000.00
Ore. Code 1E.O. IObiect Code (Fund ISaec. Cat. IProiect # IYear (Amount 1
177358090200 102 1 139940 1 1102334 1 FK-097 1 10-11 1$50,000.00 1
MONROE COUNTY
i*Manag4p k- g /0
Contate
Department Director Date
MONRO COUNTY ATTORNEY
App ED AS TO FORM:
SAN M. GRIM EY
ASS. ANT COUNTY ATTORNEY
Date
cc: Contracts Office
Contracts Disbursements
FLORIDA FISH AND WILDLIFE
CONSERVATION C MISSION
72
Gre bin , CorkOpt Maner Date
10 a [A Ad A
Cost Center Xdminktratoi (]ate
Section Leader Date
14 4-
Division Date
FWC Contract No. 08150, Task Assignment No. FK-097, Page 1 of 2
TASK ASSIGNMENT RESPONSIBILITIES
RESPONSIBILITIES OF THE CONTRACTOR:
1. Upon full execution of the Task Assignment, the Contractor will coordinate with the FWC Site Manager to establish a mutually
agreeable work schedule.
2. A Ground Crew Supervisor, employed by the Contractor, will be present at all times when work on the site is underway;
3. Ground Crew Supervisors will be responsible for all control activities and safety on project sites. The Ground Crew Supervisor will
assure contract crews are knowledgeable of, and remain within property and treatment boundaries. Every effort shall be made by the
Contractor to avoid damage to native vegetation and wildlife;
4. Ground Crew Supervisors will be pesticide applicators possessing current certification by the Florida Department of Agriculture and
Consumer Services (FDACS) in the Forestry or Right -of -Way categories. A copy of each supervisor's FDACS certification will be
provided to the FWC Site Manager prior to initiation of on -site supervisory duties;
5. The Ground Crew Supervisor may supervise a maximum of eight (8) field employees at any given time, unless otherwise noted in the
Task Assignment;
6. The Ground Crew Supervisor shall be responsible for the collection, recording, and timely submission of all data and reports required.
At weekly intervals and at the completion of initial treatments and site reassessment, a complete report will be submitted to the Site
Manager detailing sites treated, number and size of plants killed, and type of treatment used. This data will be recorded on the FWC
"Daily Progress Report Form".
7. The Contractor will strictly adhere to all herbicide label application, precautionary, and safety statements;
8. All control efforts (except cogon grass treatment) shall be at least 95% effective in preventing re -sprout of treated target vegetation. If
95% kill rate is not achieved for any area of the project after two months following project completion, one additional thorough treatment
of the plant species listed under "Project Goals" in the project area will be the responsibility of the Contractor at no cost to the FWC;
9. Cogon grass treatments shall be 100% effective in killing above ground portions (top kill) of target vegetation. If 100% top kill rate is
not achieved for any area of the project after 30 days following project completion, one additional thorough treatment of the plant species
listed under "Project Goals" in the project area will be the responsibility of the Contractor at no cost to the FWC;
10. The Contractor shall forward an original invoice along with all corresponding Daily Progress Report Forms, completed and approved,
to the Bureau of Invasive Plant Management, 3915 Commonwealth Boulevard, MS 710, Tallahassee, Florida 32399-3000 within ten (10)
working days of work completion;
RESPONSIBILITIES OF THE FWC SITE MANAGER:
1. The Site Manager reserves the right to inspect, at any time, the Contractor's procedure, spray system(s), spray solution(s), and other
ancillary equipment, and to approve operating personnel. Inspection, however, will not relieve the Contractor of any obligations or
responsibilities nor will it transfer any liability to the lands listed under "Project Location.";
2. No additional work can be added to this Task Assignment without a fully executed Change Order. Additional work includes
additional treatment areas or change in treatment methodology.
3. The site management agency authorizes Bureau of Invasive Plant Management staff to approve invoice payments of all funds
encumbered under this Task Assignment. Payment will be approved only for that work approved by the Site Manager. A copy of the
approved invoice will be forwarded to the site management agency.
FWC Contract No. 08150, Task Assignment No. FK-097, Page 2 of 2
Exhibit 1
Project Title: Monroe County Mechanical / Contracted Invasive Exotic Plant Removal
(2010-2011)
Working Group: Florida Keys Invasive Exotics Task Force
Site Manager: Beth Bergh
Monroe County Land Steward
2798 Overseas Highway
Marathon, Florida 33050-2227
Phone: (305) 289-2511
Cell: (305) 304-4442
Email: bergh-beth@monroecounty-fl.gov
Grant Type: Cost reimbursement
Project Goals The project goal is the eradication of invasive exotic plants from publicly owned conservation lands
owned or managed by Monroe County.
Total Grant Funds Requested: $50,000
Total In -kind Match: $25,444 (51 percent of grant funds requested)
Project Description The proposed project will build on the success of the last five years of invasive exotic removal
work on Monroe County conservation lands by enabling the County to hire contractors to remove Category I and II
invasive plant species. The project will remove stands of invasive exotic vegetation that are either too large or
located too close to improvements (such as power lines, roads and buildings) to be safely removed by the County's
Land Steward and the Invasive Exotic Plant Removal Crew.
Additionally, the grant funds will be used to leverage restoration funds available from the Monroe County
Environmental Land Management and Restoration Fund (MCELMR). The MCELMR funds will continue to be
utilized for invasive exotic removal, site cleanup, native plantings and other restoration efforts.
The most common invasive exotic plant species found within the project area includes the following: Brazilian pepper
(I - Schinus terebinthifolius), Australian pine (I - Casuarina spp.), and seaside mahoe (I - Thespesia populnea). In
addition, any other FLEPPC listed species found on the conservation lands will be removed.
Project Location Lands in this project area consist ofpublic conservation lands located throughout the Florida Keys
either owned or managed by Monroe County (as the Board of County Commissioners or the Land Authority).
Monroe County owns over 3,000 parcels of scattered conservation lands throughout the Florida Keys. Additionally,
the County has entered into a management lease with the State of Florida for the management of 495 parcels recently
purchased through the Florida Forever program. The focus for the 2010-2011 project will be the County managed
parcels recently purchased under the Florida Forever program and any remaining untreated parcels owned by Monroe
County. The majority of the subject sites fall within the following list of subdivisions (this list is not all inclusive).
Note that most of the sites are adjacent to larger natural areas.
FWC Contract No. 08150, Task Assignment No. FK-097, Exhibit 1, Page 1 of 6
KEY
SUBDIVISION
HABITAT TYPE
ADJACENT NATURAL AREA
Key Largo
Harris Ocean Park
Hammock / Wetlands
FWC - WEA
Big Pine
Sands Subdivision
Pinelands / Disturbed
USFWS Refuge
Torches
Ladies Acre
Wetlands / Hammock
FWC - WEA
Ramrod
Ramrod Shores
Hammock / Wetlands
FWC - WEA
Summerland
Summerland Estates
Hammock / Wetlands
Sugarloaf
Indian Mound Estates
Hammock / wetlands
Near FWC & USFWS
Sugarloaf
Sugarloaf Acres
Wetlands
FWC - WEA
All
Acreages and other
parcels
Variety of habitats
FWC, USFWS, DEP Parks
Most individual parcels are only 0.1 acre in size, but many are contiguous and combine to form much larger
management units. All properties are public lands that Monroe County intends to manage in perpetuity for
conservation and natural resource protection.
As illustrated in the table above, the areas proposed for invasive plant eradication encompass a range ofhabitat types
within the Florida Keys. The current condition of these conservation lands varies from disturbed to pristine. These
areas provide habitat and resources for a myriad of wildlife, including resident and migratorybirds, and endemic plant
species. The non-native plants that invade these areas decrease habitat value and lower biodiversity. Just a few of
the state and federally listed endangered and threatened species of animals and plants that utilize these habitats
include: eastern indigo snake (Drymarchon corais couperi), key mud turtle (Kinosternon baurii), piping plover
(Charadrius melodus), white -crowned pigeon (Columba leucocephala), Key Largo cotton mouse (Peromyscus
gossypinus allapaticola), Lower Keys marsh rabbit (Sylvilagus palustris hefneri), Key deer (Odocoileus virginianus
clavium), Blodgett's wild mercury (Argythamnia blodgettii), Cupania (Cupania glabra); skyblue clustervine
(Jacquemontia pentanthos), brittle thatch palm (Thrinax morrisii), and Garber's spurge (Chamaesyce garberi).
Proposed Budget The proposed budget for this section of the project is as follows:
Grant Funds Requested:
In -Kind Match:
$50,000
Project Administration - Land Steward
8 hrs / week for 32 weeks @ $28.33 / hr + 44 % in benefits $10,444
Related Clean-up / Restoration Costs $15,000
Total In -Kind Match for this portion: $25,444
(51 % of Grant Funds Requested)
Work Specifications The contractor will remove the exotic vegetation from designated conservation lands under
the direction of the Monroe County Land Steward. Work performance will consist of the contractor furnishing all
labor, herbicides, diluents, small equipment, transportation, spray equipment, etc. and all operations necessary to
eradicate the exotic vegetation as described in the Project Goals section. Monroe County Public Works or a County
contractor will provide heavy equipment (clam truck, dump truck, etc) as required to remove and dispose of
vegetative debris and to cleanup sites as needed.
Daily work logs recording date, name of site, and hours of work along with other data will be maintained by the Land
2
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 2 of 6
Steward. Monroe County will submit periodic invoices to the Florida Fish and Wildlife Conservation Commission
(FWC), Invasive Plant Management Section, for reimbursement for exotic plant control activities based on the work
logs.
The exotic plant species listed under "Project Description" will be treated according to developed effective control
techniques. Depending upon the species treated and the type ofhabitat, plants maybe hand -pulled, treated in place,
removed from site, or chipped on site. Decisions regarding specific plant treatment methods on each site will be
made by the Land Steward. Treating vegetation in place and allowing it to decompose in situ is cost effective and
biologically sound. Removing vegetation from the site will be the preferred treatment method in habitats where fuel
loading may be a concern, where excessive mulching would preclude native seedling recruitment or negatively affect
wildlife, where falling trees could pose a hazard to roads or structures, or where aesthetics are a concern. It is
anticipated that most work areas will revegetate naturally without artificial seeding or revegetation. However, for
severely degraded sites with distant native seed sources, planting of natives will be considered with funds from
Monroe County's Environmental Land Management and Restoration Fund.
Every effort shall be made by the contractor to avoid damaging native vegetation or disturbing wildlife. The
contractor will abide by all herbicide label application, precautionary, safety, cleaning, and disposal information.
Data Collection The Land Steward will be responsible for overseeing contractors conducting field work and
keeping daily work logs. Work logs will record date, weather conditions, name of site, specific location ofsite, hours
of work, species treated, estimates of species abundance in each work location, treatment method, herbicide,
concentration, and amount applied. Work logs will be used for final report preparation and to track management
activities on all County conservation lands.
Decontamination
Contractors working on invasive exotic removal project within the Florida Keys must adhere to the following
protocol:
• Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering
Monroe County from areas outside of the County.
• When moving equipment from site to site within Monroe County, decontamination requirements will be at
the discretion of the project manager will be dependent upon the exotic species that were treated at the
previous site, and will depend on the nature of the treatment sites.
• If decontamination is required by the project manager then the contractor must utilize a designated
decontamination site within Monroe County. The project manager shall supply the contractor with a list of
designated decontamination sites (these may include Monroe County Transfer Stations and DOT storage
sites).
Decontamination protocols:
• All equipment including but not limited to vehicles, trailer, ATV's, and chippers must be cleaned with a
pressure washer (at a facility approved by the managing agency's project manager). Decontamination
protocols include spraying down all equipment surfaces including the undercarriage and tires to insure that
mud, vegetative debris and other debris is not transported from the previous treatment site. Special attention
will be paid to equipment that has worked at sites where Lygodium, Cogon grass and other exotics specific
to the mainland were treated to prevent the spread of these species into Monroe County.
• Equipment such as chain saws, loppers, etc. used for cut stump treatment must be wiped down and cleaned
so that they are free of debris.
3
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 3 of 6
Prior to the commencement of an invasive species removal project, the contractor and the project manager shall
discuss the necessity for a decontamination plan. If the project manager requires a plan, then the contractor shall
submit a brief decontamination plan in writing, to the project manager for approval. The decontamination plan
shall identity specific decontamination procedures and decontamination sites. Decontamination protocols may
vary depending upon the nature of the treatment site, type of treatment conducted at the site, and the exotic
species that were treated. It will be the responsibility of the project manager to inspect all equipment prior to
work commencing on the first day at the project site.
Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of
the contractor.
Project Time Frame The project will begin as soon as funding is available and conclude by June 21, 2011, with the
Monroe County Land Steward providing a comprehensive final report to accompany the final invoice for cost
reimbursement to the FWC Invasive Plant Management Section no later than June 24, 2011. Due to weather
constraints, it is envisioned that most of the work will occur during the eight -month period from October to June.
Location Mans: Maps do not show all Monroe County owned or managed parcels and do not include all potential
work sites under this proposal.
Map 1. Key Largo Focus Area including
Harris Ocean Park and Palma Sola Subdivisions.
0
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 4 of 6
Map 4. Upper Sugarloaf Focus Areas including
Indian Mound Estates and Sugarloaf Acres Subdivisions.
R
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 6 of 6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18, 2010 Division: _Growth Management
Bulk Item: Yes X No _ Department: Land Steward
Staff Contact Person/Phone #: Beth Bergh x 2511)
AGENDA ITEM WORDING:
Approval of a grant task assignment with Florida Fish & Wildlife Conservation Commission (FFWCC)
to receive a $96,000 grant that will allow the County to continue employing part-time, temporary
invasive exotic plant control technicians to treat invasive exotic plants on conservation lands that are
owned or managed by Monroe County.
ITEM BACKGROUND:
For the sixth consecutive year Monroe County has been awarded grant funds for invasive exotic plant
removal from FFWCC through the Florida Keys Invasive Exotics Task Force. This agenda item covers
the upcoming State 2010-2011 fiscal year and will build on the success of the five prior grants. The
grant funds will be used to hire Invasive Exotic Technicians (temporary employees) to perform exotic
plant removal on conservation lands that are owned or managed by the County. The local match
requirement of $55,124 will be funded by mitigation fees paid by developers into the Environmental
Land Management and Restoration Fund (no ad valorem funds) to cover the costs of the Land
Steward's time, purchase / use of equipment, and disposal fees.
PREVIOUS RELEVANT BOCC ACTION:
February 18, 2004 — approval of a 10 year contract for funding to remove invasive exotic plant species.
The Board has approved annual task assignments for grant funding since 2005.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $151,124 INDIRECT COST:
BUDGETED: Yes XNo
DIFFERENTIAL OF LOCAL PREFERENCE: NA
No ad valorem
COST TO COUNTY: $55,124 (local match) SOURCE OF FUNDS: Fund 160 - Env Rest Fund
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty ✓
DOCUMENTATION: Included
DISPOSITION:
OMB/Purchasing
X Not Required
Risk Management
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FFWCC
Contract # 08150-FK-095
Effective Date: Upon execution
Expiration Date: June 21, 2011
Contract Purpose/Description:
Task Assignment # FK 095, Invasive Exotics Removal Grant - Removal of invasive
exotic plant species from publicly
owned conservation lands in Monroe County.
Contract Manager: Beth Bergh
2511 Growth Management / 11
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 8/18/10
Agenda Deadline: 8/3/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 96,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: - - - -
Grant: $ 96,000
County Match: $ 55,124 (in kind) - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance.
CONTRACT REVIEW
Changes Dat Out
Da Needed � evie er
Division Director y /V Yes❑ No[]/ o� /
Risk Management `� I 1 /( Yes ❑ No[3" C�
Of.B./Purch ng Yes❑
County Attorney '% 2-7—to Yes❑ NoM
Comments:
UM13 Form Revised 2/27/01 MCP #2
TASK ASSIGNMENT NOTIFICATION FORM
FWC CONTRACT NO. 08150
Task Assignment Number: FK-095
Contractor Name: Monroe County 19q
Contractor's Contract Manager: Elizabeth Bergh (305) M2-2511
Project Title: Monroe County Maintenance 10-11
Date: July 1, 2010
FWC Contract Manager: Greg Jubinsky 850-245-2821
FWC Site Manager: Dennis Giardina 239-229-5403
PID#: 97849391000
Task Description and Payment Schedule: Exhibit 1 describes the scope of work for this project. The Contractor is not authorized to
perform work on any additional sites until such time as the FWC and the Contractor have fully executed a Change Order for said
additional work. Any work performed by the Contractor contrary to this Task Assignment shall be at the Contractors expense. The
contractor is allowed to subcontract.
Task Assignment Conditions and Deliverables_
1. Control is defined as treatment effective in preventing re -sprout of treated target vegetation.
2. If 95% kill rate is not achieved for any area of the project after two months following project completion, one additional
thorough treatment of the plant will be the responsibility of the contractor at no cost to the contracting entities.
3. The Contractor shall notify the designated site manager prior to entering the work -site.
4. The Contractor shall provide written notification to the Contract Manager upon completion of treatment event(s).
5. Upon Site Manager approval, the Contractor is authorized to control incidental occurrences of any current EPPC category one or
category two invasive exotic plant species encountered within the Project Site(s). Costs for these control operations shall not exceed
the established Task Assignment amount, and must not jeopardize the Contractor's ability to achieve the required level of control for
the primary target species. It is the responsibility of the Contractor to determine that all control operations do not exceed the
established Task Assignment amount.
Task Assignment Start Date: Upon execution Final Treatment Completion Date: June 21, 2011
Task Assignment Type: Amount Not To Exceed:
Cost Reimbursement $96,000.00
Total Task Assignment Value $96,000.00
Funding Information:
Org. Code IE.O. IObiect Code (Fund ISaec. Cat. IProiect # IYear (Amount I
177358090200 1 02 J 139940 1 1102334 j FK-095 1 10-11 1$96,000.00__ 1
1 11-1-1$ 1
MONROE COUNTY FLORIDA FISH AND WILDLIFE
I CONSERVATION C MISSION
Contrac Manage ate r, reg C10y-inski Co tr ct Mana r Date
Department Director Date
Cost Center Admin trator Date
MONRO!- COUNTY ATTORNEY
AJA� 1_64JS--y/S/e
APP OVED AS TO FORM: Section Leader Date
AN M. GRIMS EY h 1111A
ASSISTANT COUNTY ATTORNEY Division Date
c c.D a, ,gontrac�Q�e __ Z—?- �� -
Contracts Disbursements
FWC Contract No. 08150, Task Assignment No. FK-095, Page 1 of 2
TASK ASSIGNMENT RESPONSIBILITIES
RESPONSIBILITIES OF THE CONTRACTOR:
1. Upon full execution of the Task Assignment, the Contractor will coordinate with the FWC Site Manager to establish a mutually
agreeable work schedule.
2. A Ground Crew Supervisor, employed by the Contractor, will be present at all times when work on the site is underway;
3. Ground Crew Supervisors will be responsible for all control activities and safety on project sites. The Ground Crew Supervisor will
assure contract crews are knowledgeable of, and remain within property and treatment boundaries. Every effort shall be made by the
Contractor to avoid damage to native vegetation and wildlife;
4. Ground Crew Supervisors will be pesticide applicators possessing current certification by the Florida Department of Agriculture and
Consumer Services (FDACS) in the Forestry or Right -of -Way categories. A copy of each supervisor's FDACS certification will be
provided to the FWC Site Manager prior to initiation of on -site supervisory duties;
5. The Ground Crew Supervisor may supervise a maximum of eight (8) field employees at any given time, unless otherwise noted in the
Task Assignment;
6. The Ground Crew Supervisor shall be responsible for the collection, recording, and timely submission of all data and reports required.
At weekly intervals and at the completion of initial treatments and site reassessment, a complete report will be submitted to the Site
Manager detailing sites treated, number and size of plants killed, and type of treatment used. This data will be recorded on the FWC
"Daily Progress Report Form".
7. The Contractor will strictly adhere to all herbicide label application, precautionary, and safety statements;
8. All control efforts (except cogon grass treatment) shall be at least 95% effective in preventing re -sprout of treated target vegetation. If
95% kill rate is not achieved for any area of the project after two months following project completion, one additional thorough treatment
of the plant species listed under "Project Goals" in the project area will be the responsibility of the Contractor at no cost to the FWC;
9. Cogon grass treatments shall be 100% effective in killing above ground portions (top kill) of target vegetation. If 100% top kill rate is
not achieved for any area of the project after 30 days following project completion, one additional thorough treatment of the plant species
listed under "Project Goals" in the project area will be the responsibility of the Contractor at no cost to the FWC;
10. The Contractor shall forward an original invoice along with all corresponding Daily Progress Report Forms, completed and approved,
to the Bureau of Invasive Plant Management, 3915 Commonwealth Boulevard, MS 710, Tallahassee, Florida 32399-3000 within ten (10)
working days of work completion;
RESPONSIBILITIES OF THE FWC SITE MANAGER:
1. The Site Manager reserves the right to inspect, at any time, the Contractor's procedure, spray system(s), spray solution(s), and other
ancillary equipment, and to approve operating personnel. Inspection, however, will not relieve the Contractor of any obligations or
responsibilities nor will it transfer any liability to the lands listed under "Project Location.";
2. No additional work can be added to this Task Assignment without a fully executed Change Order. Additional work includes
additional treatment areas or change in treatment methodology.
3. The site management agency authorizes Bureau of Invasive Plant Management staff to approve invoice payments of all funds
encumbered under this Task Assignment. Payment will be approved only for that work approved by the Site Manager. A copy of the
approved invoice will be forwarded to the site management agency.
FWC Contract No. 08150, Task Assignment No. FK-095, Page 2 of 2
Exhibit 1
Project Title: Monroe County Invasive Exotic Plant Removal Crew (2010-2011)
Working Group: Florida Keys Invasive Exotics Task Force
Site Manager: Beth Bergh
Monroe County Land Steward
2798 Overseas Highway
Marathon, Florida 33050-2227
Phone: (305) 289-2511
Cell: (305) 304-4442
Email: bergh-beth@monroecounty-fl.gov
Grant Type: Cost reimbursement
Project Goals The project goal is the eradication of invasive exotic plants from publicly owned conservation lands
owned or managed by Monroe County.
Total Grant Funds Requested: $96,000
Total In -kind Match: $55,124 (57 percent of grant funds requested)
Proiect Description Monroe County currently employs a crew of invasive exotic plant technicians (currently four
technicians) who work on lands owned or managed by Monroe County. This grant will allow the County to continue
employing this crew and will build on the success of the past five years of invasive exotic species control. The crew
will continue to eradicate woody and herbaceous invasive exotic plants from designated conservation lands under the
direction of the Monroe County Land Steward. The Land Steward will arrange for and/or conduct training, as well
as supervise and schedule the work of the crew on the various sites. Training will consist of instruction in plant
identification, herbicide handling, and application techniques. Additionally, the grant funds will be used to leverage
restoration funds available from the Monroe County Environmental Land Management and Restoration Fund
(MCELMR). The MCELMR funds will continue to be utilized for trash removal, native plantings and other
restoration efforts following exotic removal.
The most common invasive exotic plant species encountered on these lands and their FLEPPC Category ranking are
as follows: Brazilian pepper (I - Schinus terebinthifolius), lead tree (II - Leucaena leucocephala), Australian pine (I -
Casuarina spp.), beach naupaka (I — Scaevola sericea), seaside mahoe (I - Thespesia populnea), latherleaf (I —
Colubrina asiatica), sapodilla (I — Manilkara zapota), oyster plant (II - Tradescantia spathacea), woman's tongue (I
—A lbizia lebbek), sea hibiscus (II — Taliparti tiliaceum), bowstring hemp (II — Sanseviera hyacinthoides), wedelia (II
— Sphagneticola trilobata) and Guinea grass (II — Panicum maximum). In addition, any other FLEPPC listed species
found on the conservation lands will be removed.
One other species, night -blooming cactus (Hylocereus undatus), will also be removed although it is not listed with
FLEPPC. This plant has become a problem on some conservation lands where it was likely introduced from
discarded landscape debris or persists from abandoned homesites.
Project Location Lands in this project area consist ofpublic conservation lands located throughout the Florida Keys
either owned or managed by Monroe County (as the Board of County Commissioners or the Land Authority).
Monroe County owns over 3,000 parcels of scattered conservation lands throughout the Florida Keys. Additionally,
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 1 of 8
Exhibit 1
the County has entered into a management lease with the State of Florida for the management of 495 parcels recently
purchased through the Florida Forever program.
The focus for the 2010-2011 project will be the maintenance of previously treated sites and the treatment of County
managed parcels recently purchased under the Florida Forever program. The majority of the subject sites fall within
the following list of subdivisions. Note that most of the sites are adjacent to larger natural areas.
KEY
SUBDIVISION
HABITAT TYPE
ADJACENT NATURAL AREA
Key Largo
Largo City
Hammock
Pennekamp State Park
Key Largo
Oceana
Hammock
Key Largo
Anglers Park
Hammock
Key Largo
Winston Waterways
Hammock
Pennekamp State Park
Key Largo
Pamela Villa
Hammock
Pennekamp State Park
Key Largo
Silver Lake Park
Hammock
Pennekarnp State Park
Key Largo
Sunset Gardens
Hammock
Key Largo
Thom sons
FW Wetland
Key Largo
Adobe Casa Court
Hammock
FWC - WEA
Key Largo
Bay Haven
Hammock / Wetlands
FWC - WEA
Tavernier
Palma Sola
Hammock
FWC - WEA
Tavernier
Harris Ocean Park
Hammock / Wetlands
FWC - WEA
Tavernier
Old Settlers Park
Disturbed / hammock
Duck
Center Island
FW Wetland
Big Pine
Long Beach
Coastal berm / beach
USFWS Refuge
Big Pine
Sands Subdivision
Pinelands / Disturbed
USFWS Refuge
Big Pine
Eden Pines
Pinelands / Disturbed
USFWS Refuge
Big Pine
Kinercha
Pinelands / Disturbed
USFWS Refuge
Big Pine
Doctor's Arm
Disturbed/ buttonwood
USFWS Refuge
Torches
Windswept Beach
Wetlands
FWC- WEA
Torches
Torch Key Estates
Hammock / Wetlands
FWC - WEA
Torches
Gato Farms
Hammock / wetlands
FWC - WEA
Torches
Ladies Acre
Wetlands / Hammock
FWC - WEA
Ramrod
Ramrod Shores
Hammock / Wetlands
FWC - WEA
Summerland
Summerland Estates
Hammock / Wetlands
Summerland
Niles Channel
Wetlands
USFWS Refuge
Cudjoe
Cutthroat Harbor
Hammock / Wetlands
USFWS Refuge
Cudjoe
Cudjoe Acres
Pinelands / Disturbed
USFWS Refuge
Cudjoe
Sacarma
Hammock / wetlands
FWC - WEA
Sugarloaf
Sugarloaf Townsite
Wetlands / hammock
Sugarloaf
Indian Mound Estates
Hammock / wetlands
Near FWC & USFWS
Sugarloaf
Sugarloaf Shores
Wetlands
FWC - WEA
All
Acreages and other
Variety of habitats
FWC, USFWS, DEP Parks
parcels
2
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 2 of 8
Exhibit 1
Most individual parcels are only 0.1 acre in size, but many are contiguous and combine to form much larger
management units. All properties are public lands that Monroe County intends to manage in perpetuity for
conservation and natural resource protection.
As illustrated in the table above, a variety of habitats are represented on these conservation lands including coastal
beaches, buttonwood wetlands, rockland and maritime hammocks, and pine rocklands, all ofwhich range in condition
from disturbed to pristine. These areas provide habitat and resources for a myriad of wildlife, including resident and
migratory birds, and endemic plant species. The non-native plants that invade these areas decrease habitat value and
lower biodiversity. Just a few of the state and federally listed endangered and threatened species of animals and
plants that utilize these habitats include: green turtle (Chelonia mydas), eastern indigo snake (Drymarchon corais
couperi), key mud turtle (Kinosternon baurii), piping plover (Charadrius melodus), white -crowned pigeon
(Columba leucocephala), Key Largo cotton mouse (Peromyscus gossypinus allapaticola), Lower Keys marsh rabbit
(Sylvilagus palustris hefneri), Key deer (Odocoileus virginianus clavium), Blodgett's wild mercury (Argythamnia
blodgettii), Cupania (Cupania glabra); skyblue clustervine (Jacquemontia pentanthos), brittle thatch palm (Thrinax
morrisii), and Garber's spurge (Chamaesyce garberi).
Proposed Budget The proposed budget for this section of the project is as follows:
Grant Funds Requested: $96,000
Wages for 120 Monroe Co technician hrs/week
for 32 weeks @ $25.00 / hour (approximate)
In -Kind Match:
Land Steward — Supervisor
8 hrs / week for 32 weeks @ $28.33 / hr + 44 % in benefits $10,444
Project Administration — Personnel & Payroll Staff Time
8 hrs/month for 8 months @ $25 / hr $1,600
Herbicides
4 — 2.5 gallons of Garlon 4 @ $300 each $1,200
4 — 2.5 gallons of Garlon 3A @ $ 250 each $1,000
Supplies and Equipment
Sprayers, gloves, saws, etc. $1,000
Disposal fees (vegetative debris) $7,000
- includes tipping fees and use of clam truck with crew
Vehicles
1 pickup truck for 1,280 hrs @ $16.50 / hr $21,120
1 pickup truck for 640 hrs @ $16.50 / hr $10,560
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 3 of 8
Exhibit 1
Cell phones (2 phones) $1,200
Total In -Kind Match for this portion: $55,124
(57% of Grant Funds Requested)
Work Specifications Work performance will consist of furnishing all labor, herbicides, diluents, small equipment,
transportation, spray equipment, and performing all operations necessary to control the exotic plants listed under
"Project Goals" using proven techniques on the individual species. If heavy equipment (bucket truck, dump truck,
etc.) or a chipper is required for some tasks, the equipment will be provided as an in -kind match by Monroe County
Division of Public Works, or in partnership with other land managers.
The exotic plant control technicians shall be responsible for maintaining a daily work log that will record date, name
of site, and hours of work along with other data that will be submitted to the Land Steward at the end of each week.
Monroe County will submit periodic invoices to the Florida Fish & Wildlife Conservation Commission (FWC),
Invasive Plant Management Section, for reimbursement of exotic plant control activities based on the work logs.
The exotic plant species listed under "Project Description" will be treated according to developed effective control
techniques. Depending upon the species treated and the type of habitat, plants may be hand -pulled, treated in place,
removed from site, or chipped on site. Decisions regarding specific plant treatment methods on each site will be
made by the Land Steward. Treating vegetation in place and allowing it to decompose in situ is cost effective and
biologically sound. However, physical removal of vegetation from the site will be the preferred treatment method in
the following situations: where fuel loading may be a concern; where excessive mulching may preclude native
seedling recruitment or negatively affect wildlife; where falling trees could pose a hazard to roads or structures; or
where aesthetics are a concern. It is anticipated that most work areas will revegetate naturally without artificial
seeding or revegetation. However, for severely degraded sites with distant native seed sources, planting of natives
will be considered utilizing funds from Monroe County's Environmental Land Management and Restoration Fund.
Every effort shall be made by the exotic plant control technicians to avoid damaging native vegetation or disturbing
wildlife. The crew will abide by all herbicide label application, precautionary, safety, cleaning, and disposal
information. Specimen labels and MSDS information for all chemicals used will be kept with the chemicals, and the
crew shall be provided with first aid kits and emergency contact numbers while working in the field.
Data Collection The exotic plant control technicians will be responsible for conducting field work and keeping daily
work logs. Work logs will record date, weather conditions, name of site, specific location of site, hours of work,
species treated, estimates of species abundance in each work location, treatment method, herbicide, concentration,
and amount applied. Logs will be submitted weekly to the Monroe County Land Steward to track management
activities on all County conservation lands.
Proiect Time Frame The project will begin as soon as funding is available and conclude by June 21, 2011, with the
Monroe County Land Steward providing a comprehensive final report to accompany the final invoice for cost
reimbursement to the FWC no later than June 24, 2011. Due to weather constraints, it is envisioned that most of the
work will occur during the eight -month period from October to June.
4
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 4 of 8
Exhibit 1
Location Maps: Maps do not show all Monroe County owned or managed parcels.
Map 1. Key Largo Focus Areas including Largo City,
Anglers Park, and Pamela Villa Subdivisions.
Map 2. Key Largo Focus Areas including Silver Lake Park,
Thompsons, and Sunset Gardens Subdivisions.
5
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 5 of 8
Exhibit 1
Map 3. Tavernier Focus Areas including Bay Haven, Adobe
Casa Court, Harris Ocean Park, and Palma Sola Subdivisions.
Map 4. Duck Key Focus Area including Center Island Subdivision.
6
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 6 of 8
Exhibit 1
Map 5. Big Pine, Torches and Ramrod Focus Areas including
Sands, Eden Pines, Doctors Arm, Windswept Beach,
Torch Key Estates, and Ramrod Shores Subdivisions.
Map 6. Summerland and Cudjoe Focus Areas including Niles Channel,
Summerland Estates, Cutthroat Harbor and Cudjoe Acres Subdivisions.
7
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 7 of 8
Exhibit 1
Map 7. Upper and Lower Sugarloaf Focus Areas including
Indian Mound Estates, Sugarloaf Townsite,
and Sugarloaf Shores Subdivisions.
8
FWC Contract No. 08150, Task Assignment No. FK-095 Exhibit 1, Page 8 of 8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18.2010
Bulk Item: Yes x No
Division: Growth Management
Department:
Staff Contact Person/Phone #: Susan Grimslev
(305) 289-2524
AGENDA ITEM WORDING: Approval of a resolution extending the period of expiration for
ROGO allocations until February 18, 2011 for those allocations awarded for the ROGO Quarters
ending April 12, 2010 and July 12, 2010 to allow building permit revisions for onsite sewage treatment
and disposal systems consistent with Senate Bill 550 (Chapter 2010-205 F.S.).
ITEM BACKGROUND: Chapter 2010-205 Laws of Florida extended the time for residents to hook
up to central sewer or meet new standards for sewage treatment to December 31, 2015. This law also
requires stricter standards for new, modified and repaired onsite sewage treatment and disposal
systems (OSTDS) beginning July 1, 2010. This new standard requires that building permit
applications be revised to meet the new standards before a Department of Health (DOH) approval is
given. Monroe County Code Section 138-25 states that a ROGO allocation award shall expire if its
corresponding building permit is not picked up within 60 days of notification of the award. Due to the
length of time necessary for engineered revisions to update the plans for the OSTDS, approval from
DOH and submission to the building department for approval of the building permit these time
extensions are necessary. Section 138-26 authorizes the BOCC to extend the 60 day expiration period
if the extension is in the public interest.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x
DISPOSITION:
Not Required
AGENDA ITEM #
Revised 7/09
RESOLUTION NO. -2010
A RESOLUTION EXTENDING THE PERIOD OF EXPIRATION
FOR ROGO ALLOCATIONS UNTIL FEBRUARY 18, 2011
FOR THOSE ALLOCATIONS AWARDED FOR THE ROGO
QUARTERS ENDING APRIL 12, 2010 AND JULY 12, 2010
TO ALLOW BUILDING PERMIT REVISIONS FOR ONSITE
SEWAGE TREATMENT AND DISPOSAL SYSTEMS
WHEREAS, allocations under the Monroe County Rate of Growth Ordinance (ROGO)
were made by the Monroe County Planning Commission for Year 18, Quarter 3 for the
Lower Keys Sub -area and Big Pine/No Name Key on June 9, 2010 and for the Upper
Keys Sub -area on June 23, 3010; and
WHEREAS, amendments enacted by Senate Bill 550 (Chapter 2010-205 Laws of
Florida) became effective July 1, 2010 which extended the time for Monroe County to
construct centralized sewer and for residents to hook up to central sewer or meet new
standards for sewage treatment from December 31, 2010 until December 31, 2015; and
WHEREAS, Chapter 2010-205 Laws of Florida also required stricter standards for new,
modified and repaired onsite sewage treatment and disposal systems (OSTDS)
beginning July 1, 2010 to be administered by the Department of Health (DOH); and
WHEREAS, the building permit applications upon which the ROGO allocations were
based assumed that the applications were complete with correctly engineered OSTDS;
and
WHEREAS, the new standards to be implemented by DOH require that building permit
applications need to be revised before a DOH approval will be given; and
WHEREAS, Monroe County Code Section 138-25(f) states than an allocation award
shall expire if its corresponding building permit is not picked up within 60 days of
notification of the award; and
WHEREAS, the engineered revisions necessary to update the plans for the OSTDS,
approval from DOH and submission to the building department for approval of the
building permit will, in many cases, take more than 60 days to achieve; and
WHEREAS, recipients of permits applied for their permits between 2004 and 2008 for
the latest allocation awards and have been waiting a substantial period of time to build;
and
WHEREAS, ROGO Quarter 4 of Year 18 closed July 12, 2010, and allocations are
anticipated to be made in September by the Planning Commission; and
WHEREAS, it is anticipated that the recipients of the allocations from Quarter 4 will also
need time to obtain engineered plans and comply with DOH requirements in order to
pick up their building permits; and
WHEREAS, Monroe County Code Section 138-26 states that "As may be required from
time to time, the board of county commissioners may extend the 60-day expiration
period for an allocation award by resolution upon finding that such extension is in the
public interest;" and
WHEREAS, the Monroe County BOCC finds that this time extension to meet DOH
standards and allowing permit applicants longer than 60 days to obtain building permits
prior to allocation expiration is in the public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. It is in the best interests of the public and the citizenry of Monroe County that
an extension be given to recipients of ROGO allocations who were unable to timely
meet the requirements of Chapter 2010-205 to fulfill the requirements necessary to
obtain a building permit.
Section 2. Recipients of allocations for ROGO Year 18, Quarter 3 who need DOH
compliance revisions shall have until February 18, 2011 to pick up their building permits.
Section 3. Recipients of allocations for ROGO Year 18, Quarter 4 who need DOH
compliance revisions shall have until February 18, 2011 to pick up their building permits.
Section 4. All other allocations for ROGO in Year 18, Quarter 3 and 4 not in need of an
extension to fulfill the new requirements of Chapter 2010-205 are still subject to the 60
day expiration.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18th day of August, 2010.
Mayor Sylvia Murphy
Mayor pro tem Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Sylvia Murphy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk MON "OUNTY ATTORNEY
P ROVEp AS TO F M
Date: 2. `
FLORIDA DEP TOP
9L!X
Chat lie Crist
Governor
INTEROFFICE MEMORANDUM
Ana M V iamonte Roe, M D, M P H.
State Surgeon General
ACTION
HSES 10-007
DATE: June 30, 2010
TO: Bob Eadie, Administrator, Monroe County Health Department
Attn: Bobbi Steighter, Environmental Health Director
THROUGH: Lisa Conti, D.V,M., M.P. H, Dipl. ACVPM, CEHi� %
Director, Division of Environmental Health �/�"
iC..
FROM: rald R Briggs, Chief ire Sewage Programs
SUBJECT: Implementation of Ch 2010-205 (SB 550) — Florida Keys
ACTION
REQUIRED: Review and Implement DUE DATE: July 1, 2010
Chapter 2010-205, Laws of Florida,(Senate Bill 550) contains provisions for onsite sewage
treatment systems In the Florida Keys which become effect July 1, 2010, and impact
construction permits issued on or after that date. The changes also impact permits which expire
on or after July 1. Specifically, the current Interim standards for aerobic treatment units in areas
to be served by sewer expires and the following requirements must be met:
1. All new, modified, and repaired onsite sewage treatment and disposal systems must meet
the 10-10-10-1 Florida Keys performance based treatment standards. The only exception is for
systems being repaired in areas scheduled to be served by central sewer If the property owner
has paid the connection fee or the assessment for connection to sewer. Owners requesting the
repair exception will need written documentation from the sewer authority that they have paid or
made arrangements to pay the connect r assessment fee. The county tax collectoes web
site can also be used to document the paw sewer connection fees.
2. The repair exception requires that tanks be pumped and inspected and certified as watertight
and free of defects. They must meet the rule requirement that they be within two tank sizes of
the current requirement. A sand lined drainfield or borehole in accordance with the department
rule is required Revisions to the Keys rule have been submitted for public notice and are
attached. The revised standards shall be required for systems permitted on or after July 1.
Sizing for a sand lined drainfield is 0.90 gallons per square foot per day
The applicant has the right to request a 381. 0065 variance However, given the statutory
requirements, hardship cannot be based solely on projected connection to sewer or the cost of
a 10-10-10-1 system. Please call Kim Duffek at 407-317-7325 if you have any questions.
Attachment
o t V I S t O N OF Coro Public Health at Your Service
Environmental Publle Health Bureau ofOnsite Sewage Programs
4>40"
4052 Bald Cypress Way, Bin NA08, Tallahassee, EL 32399-1713
(850)2454070 www MyEloridaEH corn
PART II
64E-6,017 Definitions.
Definitions in Chapter 64E-6, Parts I and III, F.A C , are also applicable to Chapter 64E-6, Part II, F A.0
(1) Basic disinfection — treatment process designed to meet secondary treatment standards for fecal coliform providing an
arithmetic annual mean not to exceed 200 fecal coliform colonies per 100 ml sample
RENUMBER TO END:(1) Building Area — that enclosed area of a dwelling unit, excluding the garage, carport, exterior
storage shed, or open ox screened patios or decks Calculations of building area shall be made by measurements of the outside
building dimensions Building area of each additiohd story of the structure shall be added to determine the total building area
(2) Cesspit — a pit, with or without a cover, that receives untreated sewage from a building and discharges the sewage,
either untreated or improperly treated, duectly to the surrounding soil or limestone. A septic tank that functions as a cesspit
shall be considered a cesspit
(3) Injection well — an open vertical hole at least 90 feet in depth, fully cased and grouted to at least 60 feet in depth which
is used to dispose of onaite sewage treatment and disposal system effluent
(4) Minimum level of waste treatment— a treatment which will provide a recovered water product that contains not more,
on a permitted annual average basis, than the following concentrations from a sampling point located following the final design
treatment step of the onaite sewage treatment and disposal system:
(a) Biochemical Oxygen Demand (CBODs) 10 mg/1
(b) Suspended Solids 10 mg/1
(c) Iotal Nitrogen, expressed as N 10 mg/1
(d) Iotal Phosphorus, expressed as P 1 mg/1
(5) Salt Marsh and Buttonwood Associations — two plant associations that axe sometimes collectively or individually
referred to as the "transitional zone."
(a) the salt marsh community is a wetland area subject to tidal influence wherein the dominant vegetation includes the
following:
1 Bails mmidma Saltwort,
2 Distichilis spicata Salt grass;
3 FimbrisWis castanea Chestnut sedge,
4 Monanthochloe littoralis Key giass;
5 Saltcornia spp. Glasswort;
6 Sesuvrum portulacasown Sea putslane; and
7 Sparana spp Coidgrass
The woody vegetation that may be present includes red, white and black mangroves, as well as buttonwood (Conocarpus
erectus); the salt marsh community is distinguished by the dominance of non -woody plants, and the woody species have a
coverage of less than 40 percent the salt marsh community may be associated and intermixed with axtas of'ahnost bate
ground on which the vegetation may be limited to mats of algae
(b) the buttonwood association is an association that is usually present in the more landward zone, and may intermix with
more upland communities the vegetation may include, but is not limited to, the following species:
1 Bapichia spp Sea oxeye daisy;
2 Bumelia celasarna Saffion plum;
3 Coccoloba uvifera Sea grape;
4. Conocarpus etectus Buttonwood;
5. E.-ithalis fititicosa Black torch,
6 Fimbpistylh castanea Chestnut sedge;
7 .lacquinia keyensis Joewood;
8 Lycium carohnsamrm Christmas berry;
9. Maytenus phyllanthoides Mayten; and
10 Spaitina spp Cordgrass
the buttonwood association is distinguished from the salt marsh association by the dominance of buttonwood ttees, usually
occurring as an open stand that permits the growth of an under -story of groundcovers and shrubs.
(6) Nutrient reducing material - material which is used in the final treatment stage of an onsite sewage treatment and
disposal system to reduce effluent nutrient levels to the minimum level of waste treatment.
(7) Undocumented system - an onsite sewage treatment and disposal system that does not have a record of installation and
approval.
Rulemaking A uthor ity 3810011(4), (13), .381006, 3810065(3)(a), (4)(k) FS, Ch 99-395, LOF Law Implemented 154 01,
381001(2). 3810011(4), 381006(7), .1810061, 3810065, 38100655, 386 041 FS , Ch 99-395, LOF History -New 7-15-86,
Amended 3-17-92, 1-.3-95, Formerly IOD-6 062, Amended 3-3-98, 3-22-00,
64E-6.018 System Location, Design and Maintenance Criteria.
(1)Iable III of Chapter 64E-6, Part 1, F A.C, and other subsections of Part I pertaining to soil texture, soil depth, and
maximum sewage loading rates for specific soils shall not apply to areas subject to the provisions of this Part except for Iable
III, Footnote 2, as it relates to the falling head percolation test procedure Howevm, approved system design criteria, system
location, operation, maintenance and monitoring requirements of this section shall apply. A minimum of one soil profile and
one percolation test per application shall be required for site evaluations performed in the F lorida Keys. However, a soil profile
and petcolation test is not requited when an injection well is used for effluent disposal
(2) Effluent loading rates lot various onsite sewage treatment and disposal system components installed under this part
shall not exceed the following:
(a) Nutrient material -lined drainfield receiving effluent from a perform=ce-based treatment
17 gallons per day
system.
per square foot
(b) Sand -lined drainfield receiving effluent from a performance -based treatment system
13 gallons per day
per square foot
(c) Sand -lined drainfield receiving effluent from an aerobic treatment unit
1 1 gallons per day
per square foot
(d) Sand -lined drainfield receiving effluent from a septic tank
0 9 gallons per day
per square foot
(e) Mineral aggregate filter receiving effluent from an aerobic treatment unit or performance
5 5 gallons per day
based treatment systeml
per square foot
(3) All new, modified and repaired onsite sewage treatment and disposal systems shall be performance -based treatment
systems designed by an engineer licensed in the State ofFlorida, permitted in accordance with Part IV of this chapter and shall
E
meet the minimum level of waste treatment as defined in section 64B-6 017, F A C All receptacles subject to a positive
buoyancy exposure shall be anchored or otherwise weighted to pi event flotation during flooding periods the engineer's design
shall evaluate the receptacles for buoyancy while in their normal operating condition
(4) An onsite sewage treatment and disposal system which meets the location, construction, maintenance and operational
requirements of this section shall be approved, provided that if an aerobic treatment unit is a component of the system design,
the certification, construction, operational and maintenance requirements of Rule 64E-6 012, F A.C., shall also be met,
however, the design engineer may specify an aerobic treatment unit with a minimum treatment capacity equal to the estimated '
sewage flow in Iable I in lieu of using the values in Iable IV when the aerobic treatment unit is part of a performance -based i
treatment system
(a) When final effluent disposal is into a nutrient reducing material -lined diainf'reld system, the following general
requirements shall apply: i
1 2 No part of the system shall be within 25 feet of the boundaries of surface water bodies or salt marsh and Buttonwood
Association habitat areas where the dominant vegetation species am those typical of salt marsh communities
2 3. the bottom of the drainSeld shall be at least 24 inches above mean high water the nutrient reducing material layer
shall be a mininmtm of 12 inches thick and the bottom surface of the nutrient reducing material layer shall be at least 12 inches
above mean high water. The nutrient reducing material shall overlie a 12 inch thick layer of quartz sand meeting the particle
size requirements for sand liners under drainfrelds the bottom surface of the sand liner shall be at the elevation of mean high
water.
3 4. Appropriate shallow root vegetative cover shall be established over drainfield systems to maximize the beneficial
effects of evapotranspiration
4 Even effluent distribution over the nutrient reducing material layer shall be assured by utilizing low-pressure dosing, or
drip irrigation.
(b) When final disposal is into a sand -lined drainfield, the following general requirements apply:
1 For a sand -lined drainfield, a minimum 12 inch thick layer of quartz sand shall be placed beneath the bottom of the
drainfield absorption surface and a minirwrm 12 inch wide and minimum 24 inch thick layer of quartz sand shall be placed
contiguous to the drainfield sidewall absorption surfaces in order to provide an additional level of effluent treatment prior to
effluent passing into the surrounding natural limestone cock Sand material shall have either an effective Stain size in the range
of 0.25 millimeter to 100 millimeter and shall have a uniformity coefficient of less than 3 5, or the material shall be of such
size whereby at least 90 percent of the sand particles pass a U S Standard Number 19 sieve and less than 10 percent pass a
number 60 sieve. These materials are in the USDA soil texture classes known as medium sand and coarse sand. the county
health department shall require the installer of a sand -lined drainfield system to provide certification from the installer's sand
supplier that the sand supplied for such type of installation meets the requirements of this subsection
2. No part of the system shall be within 25 feet of the mean high water line of tidal surface water bodies or within 25 feet
of the ordinary high water line of lakes, ponds or other non -tidal surface waters of salt marsh and Buttonwood Association
habitat areas where the dominant vegetation species are those typical of salt marsh communities.
3 the bottom of the diainfield shall be at least 24 inches above mean high water The bottom surface of the sand layer
shall be at least 12 inches above mean high water
4 Appropriate shallow root vegetative cover shall be established over drainfield systems to maximize the beneficial effects
of evapotranspiration.
3
5 the design engineer may specify uutrient-reducing material in lieu of drainfield aggregate provided the phnsphorous-
reducing material meets the drainfield aggregate specifications of paragraph 64E-6 014(5)(c)
(c) An injection well shall be approved for final effluent disposal provided setbacks from salt marsh/buttonwood habitats
and other surface water bodies cannot be met by another approved effluent disposal system or when the percolation rate
exceeds 30 minutes per inch or where the soil profile shows caprock underlies the site Installation of injection wells shall be in
compliance with the following:
1 An injection well shall not be permitted or installed under the provisions of this part in any area designated by the
United States Environmental Protection Agency or the Florida Department of Environmental Protection as having a single or
sole source aquifer. Single source aquifer is defined in subsection 62-520 200(14), F A C
2 In areas where injection wells are approved for use, the DOH Monroe County Health Department shall be the permitting
authority for the engineer designed onsite sewage treatment unit and the injection well, where the estimated daily domestic
sewage flow will not exceed 2000 gallons per day For establishments having a total daily sewage flow greater than 2000
gallons pet day but not greater than 10,000 gallons per day, the Monroe County Health Department shall be the permitting
authority for the engineer designed treatment unit and DEP is the permitting authority for the injection well and any additional
associated effluent treatment device
.3 the ground surface within a distance of at least 10 feet in all directions around the injection well and any portion of the
onsite sewage treatment and disposal system shall not be subject frequent flooding. In addition, the invert of the effluent inlet
pipe to the injection well shall be a minimum 18 inches above the estimated seasonal high water level.
4 If there is adequate vertical and horizontal cleatance to allow for proper maintenance, repair or replacement of the
treatment unit and injection well, such components of the onsite sewage treatment and disposal system shall be allowed to be
placed beneath an elevated building.
5 Prior to discharge into an injection well, effluent shall pass through an unsaturated mineral aggregate filter unit as
described in this paragraph, or where effluent is passed through a filter unit of another design which has been detamined by
the State Health Office to be at least equal to the mineral aggiegate filter unit with regard to sewage treatment capability the
unsatutated mineral aggregate filter shall be designed in accordance with the following:
a Effluent application to the unsaturated mineral aggregate fillet unit shall be by gravity or pressure distribution to a
perforated pipe distubution system as specified in Part I, Rule 64E-6 014, F .A C Such distribution system shall be placed
within the walls of the mineral aggiegate filter and shall be placed above a mineral aggregate filter layer which shall be at least
24 inches thick Mineral aggregate filter material shall have either an effective size in the range of 1 18 millimeters to 4 15
millimeters and shall have a uniformity coefficient of less than 3 5 m the material shall be equivalent in size to Florida
Department of Transportation aggregate classification number eight or nine. the system designer may specify additional layers
of filter material above or below the required 24-inch layer of filtet matetial The DOH Monme County Health Department
shall require the installer of minetal aggiegate filter systems to provide certification from the installer's minetal aggregate
supplier that the aggregate supplied meets requirements of this sub -paragraph If the filter is not sealed with a lid meeting the
i equirements for septic tank lids in 64E-6 013, F A C, the filter shall be capped with a layer of slightly limited soil no less than
6 nor more than 12 inches thick the design engineer may choose to use 24 inches of phosphorous absorbing matetial in lieu
of the 24-inch layer of filter material provided the phosphorous absorbing material meets the particle size distribution required
for unsatmate:d mineral aggregate filters
b the maximum sewage loading rate to an approved filter unit other than an unsaturated mineral aggregate filter as
described in this section shall be evaluated by the State Health Office based on unit design, size, filter media chatacteristics and
expected functional life of the unit
c Effluent having passed through an unsaturated mineral aggregate filter shall collect in an underdrain for gravity or
mechanical discharge into an injection well the underdrain shall consist of minimum 4 inch diameter perforated drainpipe
which is encased within a minimum 8 inch depth of 1/2 to 2 inch diameter washed and durable aggregate the walls and
bottom of the filter unit shall be reinforced concrete or other material of adequate strength and durability to withstand
hydrostatic and earth stresses to which the unit will be subjected the walls and bottom of the unit shall be made waterproof so
that the total volume of effluent passed through the mineral aggregate filter will be collected in the filter underdrain for
discharge into the injection well.
6 Prior to discharge into an injection well, effluent from the filter unit shall be disinfected by chlorination or other
disinfection method approved by the State Health Office to meet the basic disinfection requkements of this rule Where
chlorination is used, a free chlorine residual of 0 5 milligram per liter measured at the point of effluent discharge after a
minimum chlorine contact time of 15 minutes into the injection well, shall be maintained in the effluent at all times _
Disinfection shall occur in a treatment chamber dedicated to that purpose
7. An injection well to receive an estimated daily domestic sewage flow not exceeding 2000 gallons per day shall meet
minimum construction criteria a, b and c of this sub -paragraph. the Momoe County Health Department shall be notified by
the well driller regarding the time when the well will be drilled so the county health department can schedule observation of
well construction. the DOH Monroe County Health Department shall not approve an injection well for use until the well
driller has certified, in writing to the DOH Monroe County Health Department, that the well has been installed in compliance
with the provisions of this sub -paragraph. The inspection fee for the construction of an injection well shall be $125 00
a An injection well as defined in subsection 64E-6 017(3), F A C , shall be constructed, in part, utilizing a casing of
polyvinyl chloride, commonly referred to as PVC. The minimum PVC casing weight and strength classification shall be
schedule 40 and the minimum outside diameter of the casing shall be 4 inches Other casing materials having strength and
corrosion resistance properties equal to or greater than PVC schedule 40 pipe shall also be approved
b An open hole having a minimum diameter of 6 inches shall extend to a depth of not less than 30 feet below the bottom
of the casing
c the annular space between the casing and the natural rock wall of the borehole shall be grouted the full length of the
casing
S. A minimum of one maintenance visit every four months shall be made to those systems using injection wells for
effluent disposal the visit shall include an inspection of the chlorination unit and any filter units When an aerobic treatment
unit is a component of the onsite sewage treatment and disposal system, documents and reports required in Rule 64M 012,
F AC , shall also include the tesults of aerobic treatment unit inspections and shall include information on chlorine residuals to
assess compliance with the disinfection requirements of this rule
9. If an injection well is discontinued for effluent disposal the injection well shall be properly abandoned and plugged by
filling the injection well from bottom to top with cement grout or by filling the open hole from the bottom of the hole to one
foot below the bottom of the casing with gravel that meets the size requirements for drainfield aggregate in paragraph 64E-
6 014(4xc), and filling the remainder of the injection well with cement grout the Monroe County Health Department shall be
notified by the well driller, septic tank contractor, or state -licensed plumber about the time when the well will be abandoned so
the county health department can schedule observation of well abandonment The DOH Monroe County Health Department
shall not approve an injection well abandonment until the well driller, septic tank contractor, or state -licensed plumber has
5
certified, in writing to the DOH Monroe County Health Department, that the well has been abandoned in compliance with the
provisions of this sub -paragraph If the abandonment of the'well-is not ready to be inspected at the time of the inspection of the
abandonment of the treatment receptacles, the inspection fee for the abandonment of an injection well shall be $75.00.
A Nutrient -reducing materials have a finite life -span Nutrient -reducing material shall be used in accordance with the
following requirements:
1. the installer shall provide certification from the nutrient reducing material supplier that the material supplied meets the
requirements of this section. The certification shall include the capacity of the material to absorb nutrient stated in units of
mass of nutrient absorbed per mass of absorbing material at the design effluent nutrient concentration
2 the nutrient reducing material shall be replaced as necessary to ensure that the system continues to meet the minimum
level of waste treatment the design engineer shall specify the capacity of the nutrient reducing material to absorb nutrient
stated in units of mass of nutrient absorbed pet mass of absorbing material at the design effluent nutrient concentration. The
design engineer shall provide an estimate of the life span for the system using the absorption capacity and estimated sewage
flow
(5) the owner or lessee of a perforce -based treatment system shall obtain and maintain a maintenance contract with an
approved maintenance entity.
(a) All new onsite sewage treatment and disposal systems shall be inspected by an approved maintenance entity at least
two times each yew.
(b) A maintenance report shall be kept by the maintenance entity. A copy of all maintenance reports shall be provided to
the county health department the report shall include the following information:
1 the address of the system.
2 Date and time of inspection.
3 Sample collection time and date, and person who collected sample.
4 Results of all sampling
5 Volume of effluent treated, to include total monthly and daily average
6 Maintenance performed.
7 Problems noted with the treatment system and actions taken or proposed to overcome them
(6) the maintenance entity of a performance -based treatment system shall cause the system to be screening tested for
nitrogen and phosphorous at least once every year the screening test shall be one of the tests approved by the Monroe County
Health Department. If the health department is requested to conduct the screening test, an inspection fee of $75 shall be paid to
the health department prior to requesting the test Upon the results of a sceening test that shows a violation for phosphorous or
nitrogen, the owner shall have the system sampled and tested by a laboratory certified by the Department. the Monroe County
Health Department shall require the property owner or maintenance entity to have the system sampled for nitrogen or
phosphorous or both and to have the samples tested by a laboratory cetrtfied by the department when there is reason to believe
that the system is not meeting applicable performance standards
(a) If any individual laboratory -certified test shows a total phosphorous concentration in excess of 4 0 mg/1, the system
maybe resampled at the owner's discretion If the system is not resampled within 30 days of the original sampling date or the
resample shows a phosphorous concentration in excess of 4 0 or shows less than a 50% reduction of phosphorous between the
influent and effluent samples, the the phosphorous absorbing matetial shall be replaced as a system repair or the the system
shall be re -engineered by an engineer registered in the State of Florida the system shall be brought into compliance with
6
treatment standards required at the time of* system permitting
(b) If any individual laboratory certified test shows a total nitrogen concentration in excess of 40 0 mgfl, the system may
be iesampled at the owner's discretion If the system is not resampled within 30 days of the original sampling date or the
resample shows a nitrogn concentration in excess of 40 0 or shows less than a 500A reduction of nitrogen between the influent
and effluent samples, the system shall be re -engineered by an engineer registered in the State of Florida. The system shall be
brought into compliance with treatment standards required at the time of system permitting.
(7) In conjunction with the systems specified in this section, an applicant may use the alternative systems described in
subsection 64E-6 009(1), (3),(4),(5) or (6), F A C An alternative system shall meet the general intent of Part I and Part II of
this rule.
Rulemaking Authority 381001](4). (13), .381006, 381 0065(3)(a) FS , Ch 99-395, LOP Law Implemented 1810065,
381 00655 FS , Ch 99-395, 1OF History --New 7-15-86, Amended 3-17-92, 1-3-95, Formerly IOL1-6 063, Amended 3-3-98, 3-
22-00 4-21-02, 11-26-06,
64E-6..0181 System Repair.
(1) Where a property is determined to have a cesspit or an undocumented system, the cesspit or undocumented system
shall be required to be replaced with an onsite sewage treatment and disposal system complying with Rule 64E-6.018, F A.0
(2) In areas that are scheduled to be served by a central sewer by December 31, 2015, where there is documentation from
the sewer utility that the property is scheduled to be served by December 31, 2015 and these is documentation from the sewer
utility or from the county tax collector Is office that the property owner has paid of has signed an agreement to pay for
connection to the central sewer system, an onsite sewage treatment and disposal system requiting repair shall be lepahed to the
standards in this section
(a) No system shall be repaired to meet a lower standard oftreatment than the treatment standard permitted or required to
be met prior to the repair
(b) The following general requirements apply for the use of a septic tank and sand -lined drainfield system:
1. A tank need not be replaced as part of the repair if the health unit determines the tank to be structurally sound,
constructed of approved materials, and if such tank has an effective capacity within two tank sizes of the capacities required by
I able II. In addition, the tank shall be pumped and a solids deflection device shall be installed as a part of the outlet of the tank
if' one is not currently in place. If the tank creeds to be replaced as part of the repair, it shall be replaced with a tank meeting the
requirements of table lI and 64E-6.013, FAC
2 Effluent fiom the septic tank shall discharge to a drainfield over a sand liner meeting the standards in subparagraph 64E-
6 018(4)(b) I
3. No pact of a septic tank and sand -lined drainfield system shall be located within 50 feet of the mean high water line of
tidal surface water bodies or within 50 feet of the ordinary high water line of lakes, ponds or other non -tidal surface waters
4 the drainfield component of the system must be located a minimum distance of 50 feet from salt marsh and
Buttonwood Association habitat areas where the dominant vegetation species are those typical ofsalt marsh communities
5 the bottom of the drainfield shall beat least 30 inches above mean high water. the bottom surface of the sand layet
shall be at least 18 inches above mean high water
6 Appropriate shallow root vegetative cover shall be established over drainfield systems to maximize the beneficial effects
of evapotranspiration
(c) the following general requirements apply for the use of an aerobic treatment unit and a sand -lined drainfield system:
7
I the Class I aerobic treatment unit shall meet the certification, construction, operational and maintenance requirements
of Rule 64E-6 012, F.A C
2 Effluent from the aerobic treatment unit shall discharge to a drainfield over a sand liner meeting the standards in
subparagraph 64E-6 018(4)(b)I
3 No part of the system shall be within 25 feet of the mean high water line of tidal surface watet bodies or within 25 feet
of the ordinary high water line of lakes, ponds or other non -tidal surface waters or salt marsh and Buttonwood Association
habitat areas where the dominant vegetation species are those typical of salt marsh communities
4 the bottom surface of the sand layer shall be at least 12 inches above mean high water
5 Appropriate shallow root vegetative coves shall be established over dtainfield systems to maximize the beneficial effects
of evapotranspiration
(d) the following general requirements apply for the use of an aerobic treatment unit and an injection well as defined in
64E-6.017, F A.C.
1 the Class I aerobic treatment unit shall meet the certification, construction, operational and maintenance requirements
of Rule 64E-6 012, F A. C.
2 Effluent from the aerobic treatment unit shall discharge to filter, disinfection chamber and injection well located,
designed, installed, operated and maintained in accordance with paragraph 64E-6 018(4)(c)
Rulemading Authority 381 0011(4), (13), 1810065(3)(a) FS , Ch 99-395, LOF L aw Implemented .381 0065, .38100655 FS
Chs 99-393, 2001-337, LOF History -New 3-3-98, Amended 3-22-00, 4-21-02, 5-24-04, 11-26-06, -
64E-6.0182 Coordinated Permitting,.
Chapter 28-20, F A C, and the Memorandum Of Understanding (MOU) between Monroe County, the Department of
Community Affairs, the Department of Environmental Protection, and the Department of Health, including the Monroe County
Health Department, dated July 25, 1997, are herein incorporated by reference, and is available by contacting the department
Chapter 28-20, F A.0 , and the MOU establish a permit allocation system for development and a coordinated permit review
process Chapter 28-20, F A C, and the MOU prohibit new system construction permits to serve new residential development
that would allow development in excess of the number of permits that Monroe County may issue under its policy
Rulemalting Authority 381001](4), (13), .381.006, 381 0065(3)(a), (4)(k) FS, Ch 99-395, LOP Law Implemented 154 01,
381 0011(4), .381006(7), 381 0061, 38100655, 386 01. 386 01, 386 041 FS, Ch 99-395, LOP His tor
PNew 3-3-98, Amended
3-22-00
S