Resolution 313-2001
RESOLUTION NO. 313-2001
A RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
CONCERNING THE PROVISION OF
WASTEWATER FACILITIES AND SERVICES BY
THE FLORIDA KEYS AQUEDUCT AUTHORITY
WITHIN THE CITY OF MARATHON, AND
SPECIFICALLY WITHIN THE "LITTLE VENICE"
AREA; PROVIDING FOR FINDINGS; PROVIDING
FOR DETERMINATION OF FEASIBILITY AS
REQUIRED BY INTERLOCAL AGREEMENT
BETWEEN THE COUNTY AND THE FLORIDA
KEYS AQUEDUCT AUTHORITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA, THAT:
SECTION 1. FINDINGS. It is hereby ascertained, determined and declared
that:
(A) The Board of County Commissioners of Monroe County, Florida, (the
"County") and the Board of Directors of the Florida Keys Aqueduct Authority (the
"Authority") entered into that certain interlocal agreement entitled "Memorandum of
Understanding between Florida Keys Aqueduct Authority and Monroe County,
Amendment I" which was filed for record and made effective June 23, 1999 (the
"MOU").
(B) The MOU provides for the development, design, funding and construction
of wastewater facilities within the Marathon area of the County, and specifically the
"Little Venice project".
(C) The parties to the MOU agreed that during the construction design and bid
phase of the "Little Venice project" the Authority would incur an estimated $1.1 million
in expenses for the completion of the project. The Authority has informed the County
that it has expended approximately $924,000 through July 31,2001 toward advancing the
project and has provided the County with a summary project outline of the "Little Venice
Project Summary" attached hereto as Composite Exhibit "A".
(D) The Authority has obtained construction bids from several qualified
contractors and informed the County that the Authority is prepared to make a mutual
deteImination that the "Little Venice project" is feasible at this point and requests that the
County approve this Resolution memorializing the County's concurrence.
SECTION 2.
DETERMINATION OF PROJECT FEASIBILITY.
As provided in the MOD and based upon the efforts of the County and the '
Authority resulting in the Little Venice Project Summary, the County concurs with the
Authority that the "Little Venice project" is feasible at this point.
SECTION 3. EFFECTIVE DATE.
effect immediately upon its adoption.
This Resolution shall take
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida, at a regular meeting of said Board held on the 16 t tday of August 2001.
Mayor George Neugent
Commissioner Charles "Sonny" Mc Coy
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Nora Williams
Y'ii
yes
yes
yes
yes
BOARD OF COUNTY
COMMISSIONERS OF MONROE
7UNTY. FLORIDA
~~.e ~<Jtd
odChaUpe~on .
-
DannyL.Ko~
<:;;aj
'V1.:1 'A1NnOO 30YNOW
10 .WO '}flO
39VH10Y. .1 ANNVO
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COMPOSITE EXHIBIT "A"
LITTLE VENICE PROJECT SUMMARY
1. Amendment 1, Memorandum of Understanding Between Monroe
County and the Florida Keys Aqueduct Authority
2. Project Synopsis. (Little Venice)
3. July 25, 2001 Letter, Boyle Engineering Corporation to FKAA
4. Summary of Estimated Equivalent Dwelling Units (ED Us) by
classification
5. Summary Comparison of projected rate structure without/with
additional state/county/city grant funding
6. Analysis of Project Capital Costs
7. Rate Model examples
8. Pre-construction Sources of Funding and Schedule of Expenditures
ORIGINAL 1
Memorandum of Understanding
Between Monroe County and the Florida Keys Aqueduct Authority
Amendment I
This Memorandum of Understanding (MOD) is entered into between Monroe
County (County) and the Florida Keys Aqueduct Authority (FKAA) under the
authority granted in Section 163.01, F.S..
PURPOSE
The purpose of this MOU is to establish the shared responsibilities between the
Monroe County Board of Commissioners (BOCC) and the Florida Keys Aqueduct
Authority (FKAA) for the development of a wastewater utility in the Keys.
BACKGROUND
On 15 April 1993, the Board of County Commissioners adopted its 2010
Comprehensive Plan as required under Chapters 163 and 380 of the Florida
Statutes. After lengthy litigation through two separate administrative hearing
processes, the final adoption of the Monroe County 2010 Comprehensive Plan
(2010 Plan) occurred on 17 July 1997. '
The 2010 Plan requires that the' County complete a Sanitary Wastewater Master
Plan (SWMP) for the e~tire unincorporated area of Monroe County (Objective
901.4 and subordinate Policies). The 2010 Plan also requires that the County
complete the development of a Wastewater Facilities Plan (MWFP) for the
Marathon area and implement it by seeing that recommended wastewater facilities
are constructed (Policy 101.2.13, Five-year Work Program).
The County has committed to completing planning phases for the SWMP and the
MWFP. However, the County is not ideally suited either institutionally or
procedurally to implement design and construction phases anticipated in either
planning effort. In this regard, the Florida Keys Aqueduct Authority (FKAA) is
uniquely authorized under the Laws of Florida (Chapter 76-441) to acquire,
operate, and maintain wastewater systems as defined in Section 3 (8) of the Law
and as specifically established in Section 9 (9) of the Law. The FKAA also has
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1
most of the institutional and procedural mechanisms in place to provide wastewater
services for Monroe County. Some needed modifications to Chapter 76-441 were
completed during the 1998 Legislative Session (HB4349 attached), the most
pertinent of which revised the current bonding authority of the FKAA. The County
assisted in and supported the effort during the adoption of these local bills.
Therefore, it is in the interest of the Board of County Commissioners to request that
the FKAA exercise its authority to purchase, financ~ construct, and otherwise
acquire and to improve, extend, enlarge, and reconstruct a wastewater.collection,
transmission, treatment, and disposal system or systems in the Florida Keys.
Through the approval of this MOD, the two Boards have agreed to work toward the
complete development of a wastewater utility to be administered through the
FKAA.
AGREEMENT
Provision of Wastewater Services
.
1. The FKAA hereby agrees to exercise its authority to acquire, financ~, operate,
and maintain wastewater collection, transmission, treatment, and disposal
systems, in effect becoming the Wastewater Authority for the entire
unincOlporated area of the Florida Keys; and
2. The BOCC acknowledges that the FKAA is currently prohibited in the use of
"water" money for the development of a wastewater system. The County will
. work with the FKAA, the State, and the Federal government to establish seed
money for the FKAA to develop the institutional and procedural framework
for such an Authority, to include the limited hiring of staff, the acquisition of
vehicles and office facilities, and provision for travel expenses.
3. The BOCC acknowledges that the FKAA will only establish one sewer district
currently, the Marathon Wastewater District, and that the establishment of all
subsequent districts (if any) will be dependent on the outcome of the SWMP.
The Marathon Wastewater District
1. The FKAA, under its authority, agrees to immediately create a wastewater
district which includes the area from the east end of the Seven-mile Bridge to
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and including all properties on Cocoplum Road, excluding the incorporated
area of Key Colony Beach, as established in the current version of the
Marathon Wastewater Facilities Plan (MWFP). Should Key Colony Beach
wish to be included in the wastewater district at some later date, they could
request inclusion and the boundaries of the wastewater district could be
amended.
2. By adoption of accompanying Resolution 393-1997 by a majority vote of the
BOCC, having duly noticed and advertised the adoption of this Resolution, the
BOCC approves the establishment of the Marathon Sewer District by the
FKAA pursuant to Section 9 (9) (b) of Chapter 76-441, Laws of Florida.
3. The FKAA, under its authority, agrees to participate in the completion of the
MWFP, initiate design and contract documents, finance, and ultimately
construct, own, operate, and manage the Marathon Wastewater Facility. The
County agrees to complete the development of the MWFP to the point of
finishing contract commitments with the firm of CH2lVfHiIl to develop the
Marathon Wastewater Facilities Plan for the purposes of including it in a
Request for Prioritization in the State's Revolving Fund program.
4. Pertinent to the process of completing the MWFP is the completion of plans
for phased construction of the Little Venice area (94th Street to Vaca Cut on
the Ocean side of U.S. 1). The MWFP currently establishes this area as the
first phase of construction in the Marathon Wastewater District. Funds for
completion of this area, as appropriated through Congress in the first session
of the 105th Congress, will be available late in 1998. With agreement between
the County and the FKAA, construction design and engineering for this area
could begin immediately. The Congressional appropriation in the amount of
approximately $4.3 million must be matched by the FKAA in a 1/3 ratio
(approximately $1.4 million).
5. As the Wastewater Authority for Monroe County and having agreed to adopt
Marathon as its first wastewater district, the BOCC authorizes the FKAA to
make appropriate arrangements to bond or otherwise secure the necessary
funds to meet the twenty-five percent (25%) match requirements noted above
for the Little Venice area. The County agrees to work with the FKAA to
determine the most appropriate point in time to begin construction of the
wastewater facility in the Little Venice area.
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. . .
6. There will be key decision points in the effort to construct the Marathon
Wastewater Facility, particularly related to funding requirements, which will
necessitate actions by the BOCC or both Boards. These decision points will
come at approximately the mid point in developing construction design plans
and prior to the initiation of- actual construction of the larger Marathon
Wastewater Facility. The. County and FKAA agree to coordinate on the
completion of this project as plans develop. If funding in the larger scale is
not forthcoming, the Boards may jointly reassess the direction or entirely
discontinue the project.
7. During the construction design and bid phase of the Little Venice project, the
FKAA will incur an estimated $1.1 million in expenses toward the completion
of the project. In the event the BOCC and FKAA should mutually agree that
the project is not feasible at that point, the FKAA would be required to repay
all expenses incurred to that point. The BOCC agrees to insure the full
amount of this debt, whether by direct appropriation or by seeking funds for
repayment from other sources, since the FKAA currently has no revenue
source for these expenses. f
The Sanitary Wastewater Master Plan
1. The FKAA agrees to participate' in the process of developing the Sanitary
Wastewater Master Plan (SWMP) for unincorporated Monroe County.
2. The FKAA agrees to formally consider the adoption of resulting
recommendations from the SWMP as they are forthcoming so that when
requested to implement the recommendations by the BOCC, the two Boards
may be in prior mutual agreement over the outcome of the SWMP.
3. The BOCC agrees to maintain a continuous process of coordination with the
FKAA so that the FKAA Board is fully apprised of all actions taken by the
BOCC with regard to the SWMP.
Immediate Funding Commitments
1. The BOCC is working to complete grant applications to secure the $4.3
million of de-obligated Title II, Federal Pollution Control Act dollars
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4
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appropriated by Congress. The FKAA has participated in the process to
secure these funds.
2. The BOCC agrees to work to develop the financial package to make the
Marathon Wastewater project financially feasible in accordance with the
direction of the BOCC and with"ihe concurrence of the FKAA.
3. After completing the construction design and bid process, should the project
prove to be infeasible by mutual agreement of the BOCC and FKAA, then the
County shall reimburse expenditures incurred by the FKAA to that point up to
an amount not to exceed $1.1 million.
OTHER ISSUES
1. The BOCC recognizes the FKAA as the sole governmental provider of
wastewater services. The BOCC will not approve another provider of
wastewater services, regulated under chapter 367 F.S. or a government
agency, as part of its normal process of completing development review and
approval or as part of a request for a special taxing district or similar taxing
structure for wastewater, without prior approval of the Board of the FKAA.
2. Should local areas of the Keys agree to exempt themselves from the Cesspit
Ordinance (Ord. 03-1997, Chapter 15.5, M.C.C.) through the means
established in Ordinance 013-1999, or should the County designate such local
areas for wastewater treatment facilities in its Sanitary Wastewater Master
Plan, then the FKAA agrees to work with the County to assess the feasibility
of constructing a wastewater facility in the area and to e~tablish a Sewer
District as appropriate. :
3. The BOCC agrees that, once the FKAA establishes wastewater district, the
establishment of which the BOCC has approved in this MOD, the further
development of the project, design, construction, the establishment of bonding
requirements, hook-up, service fees and charges, and the general operation and
maintenance of the facilities within the wastewater district will fall entirely
within the purview of the FKAA as established in Chapter 76-441 Laws of
Florida, any other relevant enabling legislation, and the policies and
procedures for the FKAA.
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5
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4. The BOCC supports the Florida House and Senate adoption of new legislative
language under Chapter 76-441, Laws of Florida (HB4349). In accordance with
Section 8 of House Bill 4349, which amends Section 28 of Chapter 76-441, Laws
of Florida, Special Acts of 1976, the BOCC hereby approves the FKAA's on going
right and power to issue bonds to Jinance wastewater projects.
EFFECTIVE DATE
1. This Memorandum of Understanding will take effect when a certified copy is filed
with the Clerk of the Court of Monro~ County.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the 14th day of May, A.D.,
1998 and by the Board of the Florida Keys Aqueduct Authority at a regular meeting of
said board held on the 22"d day of May 1998.
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BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
. - ~ ~
~ .f1~....' ~~. """-- ,'-.........
MAYOR/CHAIR PERSON
ATTEST: DANNY L. KOLHAGE, CLERK
BY: 12~Tit~~t~~
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:/I-:~~.
-
A TTg)RN EY' for the FKAA
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: o,,~
COUNTY AfT
. SWMP392,doc
03/29/99 11:37 AM
5
STATE OF FLORIDA)
COUNTY OF MONROE)
This Copy is a True Copy of the
Original on File in this Office. Witness
my hand and Official Seal
This ,d4-'d..., day of ~1~
A,D" 19 ~q
DANNY L. KOLHAGE
. .~ Clerk Ci~u.it Court
By ..L.!'ra..\3AA.--\J<:)"'':t::.cS~ D.C.
2
Project Synopsis
July 2001
The area to be served by these facilities is the Little Venice neighborhood located in the
Marathon Area of the Florida Keys. The Little Venice area is bounded by U.S, Highway Ion the
northwest and by the Atlantic Ocean on the southeast from Vaca Cut to 95th Street along the western
side of the Marathon Airport, Little Venice has a number of narrow canals that extend out into the
Atlantic Ocean, The area currently has no centralized wastewater management system. Cesspits and
septic systems provide the only wastewater treatment and/or disposal in this area. Over 75% of the
buildings are suspected to discharge sewage to cesspits, This situation contributes to the nutrient
enrichment, which potentially affects the health and viability of canal and nearshore marine communities,
The area was established as a highly ranked Florida Keys water quality land-based pollution "hot-spot."
The proposed advanced wastewater treatment (A WT) plant for the service area will be located
south of the Marathon Airport near the intersection of 10lst Street and U.S. Highway 1, The A WT plant
will have a peak flow capacity of 482,000 gallons per day (gpd). Fluctuations in seasonal wastewater
flows and diurnal variations for a small sewer system led to the use ofa peaking factor of3,O, Innovative
biological nitrogen removal technology and chemical phosphorus removal will be used in the plant to
produce an effluent containing less than 5 ppm BOD, 5 ppm TSS, 3 ppm nitrogen and 1 ppm phosphorus,
the State's established treatment standards, Filters will be used for final removal of suspended solids.
Disinfection will be achieved with UV, Effluent disposal will be accomplished using three shallow
injection wells discharging into the limestone substrate that will provide additional phosphorus removal.
Sludge treatment will include digestion and thickening, The introduction of pollutants to near shore
water will be significantly reduced improving water quality, Since the facility will be located in a coastal
high-hazard zone, structures and equipment will have to be suitably protected from storms. The treatment
plant will be constructed in such a manner as to maximize its planned future integration with the
Marathon Regional Facilities.
All existing septic tank systems and cesspits will be eliminated and replaced with a new
centralized vacuum collection system utilizing alternative technology. The number of individual on-site
systems is approximately 685 equivalent residential units, the largest component consisting of
approximately 573 single family and multifamily systems, The collection system will be comprised of
approximately 28,600 linear feet of four-inch through ten-inch vacuum mains, 243 vacuum service
installations, 30 buffer tanks, and one major vacuum station,
The proposed 21-month construction schedule is for bid award by September 7, 2001; initiate
project construction mid-October; complete plant construction and vacuum collection system in 15
months; initiate and complete private property connection in 6 months, The private property owners are
independently responsible for private property compliance per city code and DOH regulations and
associated cost.. FKAA will provide central collection system connection coordination, Project
completion is scheduled by June 2003 per County's Action Plan.
Without receipt of requested state, county and city funding, the current federal funding
represents 53% ($6,300 average per EDU) of the project costs with a projected connection fee of $4,700
to $4,900 per EDU and a projected monthly service fee of$50 to $55, Currently the county/state is
funding Onsite Treatment & Disposal Systems (OSTDS) at a minimum of 62% ($8,400 per EDU),
Current consideration of feasibility concurrence is based on the stated maximum estimated
connection/monthly service fees, unless subsequent assistance is forthcoming,
3
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SO'r'LE
4100 Centerpointe Drive. Suite 108
Fort Myers. FL 33916
TEL: (941)27&-7996
FAX: (941 )278-0913
www.boyleengineering.com
Roger Braun
Executive Director
FLORIDA KEYS AQUEDUCT AUIHORl1Y
1100 Kennedy Drive
Key West, fL 33041-1239
25 July 2001
FW-F76..130-04
L~1e Venice Wastewater System - Recommend.dllR or Low Bidder
Dear Mr. Braun:
Boyle Engineering Corpotatiou (Boyle) bas rcvi~ and evaluated the five bids received on 101t1ly
2001 for the Little Venice Wastewater System.
Based upon the bid ovaluation. Boyle reconunendl that FKAA recognizo the low bid of'Felix EquitiCl~
Inc. as a. furma1 and ~nsivo bid meeting the FKAA and FDEPIEPA requirements, and to commence
with the cootract phase with Felix :Equities, Inc.
The following summarizes the bid ~aluatiolJ:
· Bid Prices and Rankins
Rank Bidder Total
.
1 Felix Equities, Inc. 56,538,26] .00
1 United Engineoriog $7,859,500,00
J Harry Pepper $8,557,478.44
4 Douglas Higgins $9,.584.72.5 .00
S Lanzo Construction $11,229,300.00
BOYLE ENGINEERING CORPORA nON
. ReoyoIod P-
Roger Braun
Page 2
25 July 2001
. Evaluation ofthc Low Bidder
The bid of the low bidder Felix Equities, Inc.. was found to be mathematically COtfed, com:c:t in
fonn. without infonnafities, and responsive to the FKAA and FDEPIEP A conditions,
Immediately alter the bid opening. FKAA. and Boyle conducted phone intC{Views with Felix
Equities, Inc. to discuss their bid, their capability to perform the work, and some ofthc details of the
project. Felix Equities. Inc. responded that their bid included completing the project punuant to rhc
Contract Documents, that they bad reviewed the existing conditions where the work will be
performed, reviewed existing geotechnical infomwion made available to bidders by Boyle. and wen:
essentially comfortable with their bid.
Subsequent to these conversations, FKAA, Boyle, and Felix Equities, Inc. met in the FKAA offices
on 16 July 2001 to further discuss these issues. In that meeting. Felix Equities, Inc. confirmed the
previous conversations. Cost ofhousmg their workforco durina construction was discussed and
recognized by Felix Equities. Inc. Felix Equities, Inc, also stated confidently to FKAA their intent to
proceed with the project as soon as possible with the intention of completing the conb'ac:t ahead of
schedule.
Boyle perfonncd a refcren" cbeck on FeJix Equities. Inc.. and discussed their capabilities with other
engineers, contractors, equipment companies and \'COdon. The foUowios; summa.Dze. this I"e$earm:
ColD.....,. Project Coat... c........
v.....
Lyodalb, Brownirts. Fc:mui & Road and Utility ClUlb'uctioo $2M A.cceptably compktcd the pmject;
Hellstrom di1Tacult to work with.
Miami Dade Water and Sc:wa- Virginia Key Wastewater Plant $IM Would DOt ~er a comment
Authority
Hazen and Sawyer Broward County Wastewater $JOM Vrzy good pcQOIlIUlDClC after poor
System performance 00 pnNiou projClCts..
Gee and Jensen Caral Sprinp Nortb District SSM VtrJ good paf(]fUJllOCE.
Water Treatmeut Plant
City of Port St. LlWic Unity Good pcdonncmce; City ra:uu...-L.d
Culpepper- and Terpening Extcnsia1S SlJOM larse contract cxt.cmicas hued on
gLW'BDlclIlIl price. and pafOl1l1llllCC.
Variws CootacU Varying reports but. molt indicate they
~ - are capable of performing the work.
, .
Roger Braun
P8803
251uly 2001
· Other Bids
lhc fivo bids received by FKAA wero submitted by local Contractors; Florida finns, four.&om Dado
and BroWU'd Counties. some of whom worked on FKAA projects.
1"besc bids tor the most part, were found also to be fonnal and responsive. Some bid informalities
were noted but did Dot impact the results. The ICCOJld bidder'. (United Engineering) bid c.ontJlinod Oil
matbomaIic:aJ error howover, UpoD cofRlCtion, did not affect the rankinSS. Also, ~ biddotl did
Dot provide tho complete npporting information required by the FKAA, or FDEPI.EPA conditiODl.
Based on the bids received, tho information gathered 00 Felix Equities, Inc., Boyle's conclusion is that tho
low bid was formal and n:spoasive., and that the low bidder is capable of completing the contract.
Although the low bid exceeded the estimated contraet price. gi~ the competitiveness oCtllo bid (five
rcccived), tho auenaoll to the project durin, the biddina phase, and the till1m. of the Little Venice
Wastewater System, it is again J'ClCOIMlcudcd thai FKAA recognize the low bid ofFeJix Equities,loc. as Oil
funnal and responsive bid, and commence with the contract phase with Felix Equities, Inc.
Boyl. Engln..flng Corpolat/on
~j/J1~~ ~
Ray M. Shimokubo, PE
Copy to:
James C. ReyJ1olds, PE . Deputy Executive Director
Tim Bergin. PE
4
little venice wastewater district
summary of estimated edus
effective july 2001 (flow data through september 2000)
note: data must be sorted by customer type for summary to be valid
estimated
septic edus
estimated
package
plant edus
estimated
total edus
residential:
single family
391
391
multi-family:
condos
trailers
apartments
public housing
other multi-family
147
147
35
35
total multi-family
182
182
total estimated residential edus
573
573
commercial:
hotels
campgrounds
marinas
hospital
restaurants
laundries
other services/retail:
shopping centers
churches
federal government
state government
county government
school
non-profits and clubs
other
16
16
11
22
5
16
22
9
1
9
1
49
49
total estimated commercial edus
108
5
113
total estimated edus
681
5
686
statutory optional:
us government
state government
school
public housing
(1 )
(1 )
total estimated net edus
680
5
685
confidential
7/24/01
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