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Item N5BOARD OF COUNTY COMNIISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 20 2013 Division: Countv A ' dministrator Bulk Item: Yes No Department: Count Administrator P muustrator Staff Contact /Phone #: Rhonda Haaa. 292--4482 AGENDA ITEM WORDING: Discussion and direction regarding the continuation of the canal restoration program to provide County funding for the selection, design and construction of up to five demonstration projects on County canals. ITEM BACKGROUND: Guidance is requested to determine whether the BOCC desires to proceed with the selection and funding of up to five demonstration projects, using County funds. The objectives of the demonstration projects are to implement various restoration techniques to verify the applicability, feasibility, effectiveness and costs in real time of the techniques on the canals. The results will assist in modifying the restoration designs and will provide costs that can be utilized for future restoration planning and provide more accurate grant application submissions. The county has received $100,000 in grant funds from EPA and DEP each to develop Phase 1 and II of the Comprehensive Canal Management Master Plan, plus a third $100 000 fro m om DEP for bathymetric surveys of the canals. These projects are already in progress. If approved in concept, staff will submit future items for: (1) the selection of a consultant to select up to 15 canals for demonstration projects, to be narrowed to 5 by the BOCC; (2) approval to solicit for the design and administration of the 5 selected projects and (3) approval to solicit for the construction and implementation of the 5 projects. PREVIOUS RELEVANT BOCC ACTION: On March 21, 2012 the BOCC granted approval and authorized execution of Item 6 Grant Agreement from FDEP for a Grant to fund Phase 1 roved the ant a • On June 20, 2012, the BOCC approved grant application submitted to EPA, which requested $100,000 in ant funds an ' � d specified a $10,000 match of in -kind services. On September 19, 2012, the BOCC approved the revenue -producing ant agreement from EPA that will fund this Task Order with P g � AMEC. On February 20, 2013 the BOCC approved FDEP Grant S0640 providing $100,000 of funding of work to perform bath P ymetrYc surveys and also approved a Task Order with AMEC to perform the work. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: BOCC direction to staff TOTAL COST: Up to $5 million INDIRECT COST: BUDGETED. • Yes �No X DRENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: Up to $5 million SOURCE OF S. • TjD REVENUE PRODUCING: Yes No X AMOUNT �T PER MONTH Year APPROVED BY: Count Att � • Y Y OMB/Purchasing � Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # CAD # �1Lll�'' Monroe County Canal Management Master Plan (CMMP) Phase 1 Summary Report KI Prepared by: AMEC Environment & Infrastructure Prepared for: Monroe County and the WQPP Steering Committee and Canal Subcommittee June 21, 2012 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 Table of Contents ExecutiveSummary................................................................................................................. 2 Introduction.............................................................................................................................. 4 Task 1.1 Summary of available information.......................................................................... 6 Task 1.2. Data deficiencies in the project geodatabase......................................................25 Task1.3. C M M P objectives....................................................................................................25 Task 3. Management goals for priority issues.....................................................................27 Task 4. Priority sites for restoration.....................................................................................28 Task 5. Initial short-list of restoration projects....................................................................36 Task 6. Adaptive management process...............................................................................57 APPENDIXA............................................................................................................................64 APPENDIXB............................................................................................................................65 APPENDIXC............................................................................................................................66 APPENDIXD............................................................................................................................67 List of Tables Table 1.1 Attributes of numerical models recommended for use in analyzing water quality conditions marinas and other manmade waterways by US EPA(2001)....................................22 Table 4.1 Group 1 (SFWMD 1996) canals evaluated using site visits during Task 4.................29 Table 4.2. Group 2 (elevated weed wrack) canals evaluated using site visits during Task 4 .....30 Table 4.3 Canals ranked in priority order in Task 4...................................................................32 Table 5.1. Task 5 Canal prioritization list...................................................................................38 List of Figures Figure 6.1. Adaptive management framework..........................................................................58 1 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 Executive Summary i Construction of residential canals in the Florida Keys was initiated in the mid-20t" century, before resource managers fully understood their impacts on local water quality and broader coastal ecosystems. Many of the more than 500 canal systems currently present in the Keys were excavated to depths of fifteen feet or more in order to maximize production of fill material. Most were designed as long, multi -segmented, dead-end canal networks which maximize waterfront property but provide little or no tidal flushing and accumulate nutrients and decomposing organic material. Water quality issues involving manmade canals have been evaluated by the U.S. Environmental Protection Agency (Kruczynski 1999), the Florida Keys National Marine Sanctuary (FKNMS 2007), and the Florida Department of Environmental Protection (FDEP 2008). As summarized in the Monroe County Comprehensive Plan (2011), these issues include anthropogenic pollutant loadings from on -site sewage disposal and stormwater runoff, and accumulation of non- anthropogenic materials such as senescent seagrass leaves and other organic flotsam ("weed wrack"), leading to elevated levels of nutrients, biochemical oxygen demand, hydrogen sulfide, and bacteriological water quality indicators such as fecal coliforms and enterococci. Improvements in wastewater treatment and stormwater management practices are currently being implemented in many areas of the Keys. These improvements are an essential first step, but will not solve all the water quality problems in existing canals. Although many of these problems are linked to wastewater and stormwater discharges, others are due to the physical structure, depth, and orientation of canals, which can contribute to low flushing and the build-up of organic flotsam. Recognizing these points, the Florida Keys National Marine Sanctuary (FKNMS 2007) developed a canal water quality improvement strategy that includes the following steps: 1. Evaluate and revise the existing `hot spot' list of water quality problem areas; 2. Inventory and characterize canals, identifying those whose water quality problems are attributable mainly to physical structure, flushing rates and orientation; 3. Develop and evaluate improvement strategies; 4. Identify and compile a list of water quality improvement technologies; 5. Develop a community education and involvement program; 6. Conduct a canal system restoration pilot project; and 7. Implement improvement strategies in canals identified as `hot spots'. The Monroe County Sanitary Wastewater Master Plan (CH2MHILL 2000) and Monroe County Stormwater Master Plan (CDM 2001) have addressed item 1 of this strategy, and work on items 2 and 4 was initiated through the Monroe County Residential Canal Inventory and Assessment project, which provided an inventory of existing canals and a broad overview of potential treatment technologies (MACTEC 2003). Additional work on items 2 and 4, and the development of a conceptual framework for a comprehensive Canal Management Master Plan (CMMP) addressing items 3, 6 and 7, are the subjects of this report. 2 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 i In March, 2012, the Canal Subcommittee of the FKNMS Water Quality Steering Committee initiated work on Phase 1 of the CMMP, using Water Quality Protection Program (WQPP) funds provided by the Florida Department of Environmental Protection (FDEP). Because these funds were available for only a short time (from March through June, 2012), the timeline of Phase 1 was compressed and its scope was limited to two objectives: • develop a basic conceptual framework for canal restoration and management that is comparable to the frameworks used in the County's existing wastewater and stormwater master plans; and • identify a short-list of high -priority canal restoration projects which can be implemented by the County and other WQPP participants over the next several years. The work involved the following tasks: • Task 1: Collate available information and summarize CMMP objectives; • Task 2: Identify priority management issues; • Task 3: Establish consensus -based goals for each priority issue; • Task 4: Identify the highest -priority canals for potential implementation of restoration options; • Task 5: Develop an initial short-list of restoration projects; • Task 6: Establish an adaptive management process; and • Task 7: Prepare the Phase 1 CMMP document. This report represents the deliverable for Task 7 of the project, and provides a summary of the work conducted during Phase 1 of the CMMP development process. 3 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 Introduction i Construction of residential canals in the Florida Keys was initiated in the mid-20t" century, before resource managers fully understood their impacts on local water quality and broader coastal ecosystems. Many of the more than 500 canal systems currently present in the Keys were excavated to depths of fifteen feet or more in order to maximize production of fill material. Most were designed as long, multi -segmented, dead-end canal networks which maximize waterfront property but provide little or no tidal flushing and accumulate nutrients and decomposing organic material. Water quality issues involving manmade canals have been evaluated by the U.S. Environmental Protection Agency (Kruczynski 1999), the Florida Keys National Marine Sanctuary (FKNMS 2007), and the Florida Department of Environmental Protection (FDEP 2008). As summarized in the Monroe County Comprehensive Plan (2011), these issues include anthropogenic pollutant loadings from on -site sewage disposal and stormwater runoff, and accumulation of non- anthropogenic materials such as senescent seagrass leaves and other organic flotsam ("weed wrack"), leading to elevated levels of nutrients, biochemical oxygen demand, hydrogen sulfide, and bacteriological water quality indicators such as fecal coliforms and enterococci. Kruczynski (1999) provided the following summary of water quality issues related to existing Keys canals: the water column of many canals over six feet deep is stratified and bottom waters are oxygen deficient; because they usually violate Class III Surface Water Quality Standards, canals were excluded from the State's previous Outstanding Florida Waters (OFW) designations; canal systems and basins with poor water quality are a potential source of nutrients and other contaminants to other nearshore waters; • improving flushing of degraded canal systems may improve the water quality within the canal, but may also result in adding additional nutrients to the adjacent waters; and Seagrass beds located near the mouths of some degraded canal systems exhibit signs of undesirable nutrient enrichment and eutrophication, such as increased epiphyte load and growth of benthic algae. Improvements in wastewater treatment and stormwater management practices are currently being implemented in many areas of the Keys. These improvements are an essential first step, but will not solve all the water quality problems in existing canals. Although many of these problems are linked to wastewater and stormwater discharges, others are due to the physical structure, depth, and orientation of canals, which can contribute to low flushing and the build-up of organic flotsam. 11 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 aillre,d Recognizing these points, the Florida Keys National Marine Sanctuary (FKNMS 2007) developed a canal water quality improvement strategy that includes the following steps: 1. Evaluate and revise the existing `hot spot' list of water quality problem areas; 2. Inventory and characterize canals, identifying those whose water quality problems are attributable mainly to physical structure, flushing rates and orientation; 3. Develop and evaluate improvement strategies; 4. Identify and compile a list of water quality improvement technologies; 5. Develop a community education and involvement program; 6. Conduct a canal system restoration pilot project; and 7. Implement improvement strategies in canals identified as `hot spots'. The Monroe County Sanitary Wastewater Master Plan (CH2MHILL 2000) and Monroe County Stormwater Master Plan (CDM 2001) have addressed item 1 of this strategy, and work on items 2 and 4 was initiated through the Monroe County Residential Canal Inventory and Assessment project, which provided an inventory of existing canals and a broad overview of potential treatment technologies (MACTEC 2003). Additional work on items 2 and 4, and the development of a conceptual framework for a comprehensive Canal Management Master Plan (CMMP) addressing items 3, 6 and 7, are the subjects of this report. Phase 1 of the Canal Management Master Plan In March, 2012, the Canal Subcommittee of the FKNMS Water Quality Steering Committee initiated work on Phase 1 of the CMMP, using Water Quality Protection Program (WQPP) funds provided by the Florida Department of Environmental Protection (FDEP). Because these funds were available for only a short time (from March through June, 2012), the timeline of Phase 1 was compressed and its scope was limited to two objectives: • develop a basic conceptual framework for canal restoration and management that is comparable to the frameworks used in the County's existing wastewater and stormwater master plans; and • identify a short-list of high -priority canal restoration projects which can be implemented by the County and other WQPP participants over the next several years. The work involved the following tasks: Task 1: Collate available information and summarize CMMP objectives; Task 2: Identify priority management issues; 5 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 Task 3: Establish consensus -based goals for each priority issue; i Task 4: Identify the highest -priority canals for potential implementation of restoration options; Task 5: Develop an initial short-list of restoration projects; Task 6: Establish an adaptive management process; and Task 7: Prepare the Phase 1 CMMP document. This report represents the deliverable for Task 7 of the project, and provides a summary of the work conducted during Phase 1 of the CMMP development process. Task 1.1 Summary of available information As summarized in the Literature Cited section below, a total of 17 publications, and several Florida Department of Environmental Protection permitting files, were obtained from local, state and federal agencies, searches of online databases, and other sources. The documents were disseminated to the appropriate members of the AMEC project team for review, based on the subject material and team members' areas of expertise. The available documents addressed three primary topic areas that are relevant to the development of a canal management master plan (CIVIMP) for the Florida Keys: 1) Background information on the water quality impairments that currently exist in canal systems and nearshore waters of the Keys, and steps that are being planned or undertaken to address them; 2) Overviews of the current state -of -the -science regarding water quality protection and restoration in manmade canals and other artificial basins; and 3) Best management practices (BMPs) and other management actions that have been used in other areas, and can be evaluated for potential use to protect and improve water quality in Keys canal systems. Brief summaries of these topic areas are provided in the following sections. Background Information Information on the water quality impairments that currently exist in the project area, and steps that are being taken to address them, is provided in several of the documents listed above: • As noted above, Kruczynski (1999) provided the following background information on a number of water quality issues and potential management actions in the canals and nearshore waters of the Keys: 6 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� o Water quality problems due to on -site sewage disposal practices and stormwater runoff have been documented in residential canals. Water quality parameters that are degraded include nutrient enrichment, fecal coliform contamination, and biochemical oxygen demand. o Long, dead-end canal systems, deep canals of any length, and poorly flushed basins accumulate weed wrack and other particulate matter. o The water column of many canals over six feet deep is stratified and bottom waters are oxygen deficient. Because they usually violate Class III Surface Water Quality Standards, canals were excluded from Outstanding Florida Waters (OFW) designation. o Artificial aeration of canals does not eliminate the sources of excessive nutrients in canal waters but may result in better mixing which may facilitate nitrogen cycling. o Improving flushing of degraded canal systems may improve the water quality within the canal, but will also result in adding additional nutrients to the adjacent waters. o Canal systems and basins with poor water quality are a potential source of nutrients and other contaminants to other nearshore waters. o Seagrass beds located near the mouths of some degraded canal systems exhibit signs of eutrophication, such as increased epiphyte load and growth of benthic algae. o Vessel generated turbidity (re -suspended sediments) is a growing concern in many areas with high boat traffic including canals and open waters. o There are no definitive studies on the geographic extent of the impact of human -caused nutrient enrichment. Scientists agree that canal and other nearshore waters are affected by human -derived nutrients from sewage. Improved sewage treatment practices are needed to improve canal and other nearshore waters. Impacts further from shore that may be due to human -derived nutrients may be reduced or eliminated by cleaning up nearshore waters. Kruczynski (1999) also provided an overview of an earlier project that was conducted by the U.S. Environmental Protection Agency to evaluate water quality conditions in finger fill canals located in Florida and North Carolina (EPA 1975). The 1975 study found that, during the rainy season, canals with poor flushing characteristics often exhibited pronounced density stratification, with a deep layer of high -salinity water essentially trapped beneath an upper, lower -salinity layer. The resulting stagnation of the lower portion of the water column was found to encourage oxygen depletion and the release of nutrients from canal -bottom sediments. The study reported that canals greater than four to five feet deep regularly experienced violations of State water quality standards for dissolved oxygen (<4 mg/I). 7 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� • In 1999 Monroe County evaluated a group of stormwater-related water quality problem areas, which were summarized by CDM (2001) as part of the Monroe County Stormwater Master Plan. CDM (2001) identified the following eight locations as high - priority stormwater management problem areas, based on information from earlier surveys and site visits by trained personnel: o Campbell's Marina, Key Largo o Marathon Marina, Vaca Key o Boot Key Harbor drainage, Vaca Key o Alex's Junkyard, Stock Island o Oceanside Marina, Stock Island o Safe Harbor Area, Stock Island o Garrison Bight Marina, Key West, and o Key West Bight, Key West. Ten medium -priority stormwater management problem areas, and ten "other" problem areas were also identified in the CDM (2001) report. CH2MHILL (2000) provided an additional summary of known water -quality problem areas, focusing on wastewater -related sources and based on information from three earlier reports: a 1992 Phase I Report of the FKNMS Water Quality Protection Plan, a modified list of problem areas proposed by the South Florida Water Management District in 1996, and a Memorandum of Understanding (MOU) developed between Monroe County and FDEP in 1997 regarding future wastewater permitting practices and the elimination of existing cesspits. The CH2MHILL (2000) report identified and prioritized a total of 45 high priority water quality "hot spots", or problem areas that would be addressed in the near future by the installation of central community wastewater systems as part of the Monroe County Sanitary Wastewater Master Plan. • As one component of the Florida Keys Carrying Capacity Study, which was funded by US Army Corps of Engineers and the Florida Department of Community Affairs, URS (2001) developed a Canal Impact Assessment Module (CIAM) which provides a comparative tool for evaluating the relative impacts of wastewater and stormwater discharges into tidally -flushed dead-end canals, and for assessing the relative impacts of wastewater and stormwater management decisions on nutrient concentrations in representative canals. (Pathogens and fecal coliforms were not included in the module, due to a lack of relevant data.) The CIAM was part of a larger carrying capacity analysis model (CCAM) that was developed to assist state and local jurisdictions to determine the ability of the Florida Keys ecosystem to withstand the potential impacts of additional land development activities. 8 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 ame,d The CIAM is based on a steady-state, spreadsheet -based tidal flushing algorithm that estimates pollutant concentrations in canals based on pollutant loads from stormwater and wastewater discharges and tidal fluxes from nearshore waters. To develop the algorithm, data acquisition efforts targeted previous canal water quality studies, nearshore water quality data, and the magnitude of tidal fluctuations. The module was applied to ten canal systems that were selected based on the availability of water quality data and the presence of representative sources of wastewater and stormwater pollutant loadings, including residential and commercial sources. Only canals with one opening were considered; plugged canals (with no openings) and canals with multiple openings were not evaluated. The URS (2001) report provides the following overview of the strengths and limitations of the assessment module: "The CIAM is set up as a canal -specific spreadsheet model. It assumes a long- term steady-state influx of pollutant loads and volumes. It does not include or account for a number of variables that may have a significant impact on observed canal water quality. Some of these potential factors include: Sea level rise; Water column stratification; • Wind effects; • Thermal gradients; Surge tides associated with tropical storms or hurricanes; • Interactions between the benthic/sediment zone and the active water column; • Nutrient uptake/release by marine plants Washed in seagrasses and similar sources; • Direct input of water volumes and pollutant loads attributable to precipitation or atmospheric dryfall deposition; • Water volume losses attributable to evaporation or transpiration; and • Direct pollutant inputs related to marine vessel discharges and illicit discharges. Based on the wastewater and stormwater management systems that existed at the time the CIAM was constructed, the module estimated that wastewater represented about 80% of the nutrient (TN and TP) load, 50% of the BOD load, and 25% of the TSS load entering the canal systems it evaluated. In terms of hydrologic inputs, wastewater represented about 25% with the remainder coming from stormwater. Under a future "Smart Growth" scenario that was also evaluated using the CIAM tool, much of the onsite wastewater sources were assumed to be eliminated and the bulk of the pollutant loads to the canals became stormwater based. Under this scenario the wastewater portion of projected nutrient load fell to about 10% of the total, while BOD, TSS, and hydrologic loads were reduced to 5% or less of the total. On average, nutrient concentrations were approximately 50% lower in the Smart Growth scenario, BOD 9 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� concentrations were reduced by about a quarter, and TSS concentrations showed a minor reduction (6%). Loads discharged from the canals to nearshore waters were also projected to be reduced in the Smart Growth scenario, but to a lesser extent. Exported nutrient loads were projected to fall by about 45%, BOD by about 20%, and TSS less than 5%. For all canals, model results predicted that pollutant concentrations would tend to be highest in their interior sections, located farthest from the canal mouth. • Because of the unprecedented (for Florida) scope of the Carrying Capacity project, the project's co-sponsors requested the National Research Council (NRC) to provide a critical review of several of the project's draft work products. The NRC (2002) committee report did not address the canal assessment module. It did, however, provide the following broad overview of the Carrying Capacity project: "The contractors did an admirable job of working with the data available. Time and money constraints aside, however, the task was perhaps too ambitious an undertaking for the data and level of knowledge that currently exist for Florida Keys ecosystems. In its present stage of development, the CCAM is not ready to `determine the ability of the Florida Keys ecosystem ... to withstand all impacts of additional land development activities' as mandated by Florida Administration Commission Rule 28.20-100. Significant improvement of the CCAM is required in several key aspects if it is to be useful as an impact assessment tool. Endeavors such as the CCAM tend to obscure significant scientific uncertainty and project an unrealistic understanding of complicated environmental issues. What is needed and what the committee would like to express in this review, are expert opinion, common sense, and stakeholder consensus. The CCAM has important information to bring to the table, particularly where its modules have been based upon good and reliable scientific data. In the end, however, the decision to be made will be social not scientific. Once management has been implemented, science can make further progress toward understanding the natural system through modeling endeavors such as this one. " Regarding canal -related issues, the report noted that "canal water quality is an important issue for near -shore environments and is a major public concern" (NRC 2002). It also noted that "little detailed information is available concerning the depth and cross-section characteristics of canals, their flushing characteristics, or ambient water quality data." While these comments do not provide guidance on technical aspects of the CIAM, they do provide a valuable viewpoint on the importance of stakeholder consensus and social decision -making in the overall resource management process. • The importance of stakeholder consensus and social decision -making have been emphasized further by the development and implementation of County -wide master plans for the management of wastewater and stormwater discharges in the Keys. Documents prepared by CH21VIHILL (2000) and CDM (2001) have summarized these plans, which are now being implemented in a number of the highest -priority water quality 10 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� problem areas. As noted by URS (2001), the pollutant load reductions that will be achieved by the continued implementation of these plans are projected to lead to substantial water quality improvements in the existing canal systems. • The Florida Keys National Marine Sanctuary (FKNMS 2007) published a seven -step canal management strategy, focused on reducing water quality problems in canals and reducing nutrient loading to other surface waters from canal systems, as part of its overall sanctuary management plan. The strategy notes that while many water quality problems in canals are linked to local stormwater and wastewater discharges, others can be due to a canal's structure and orientation. These physical features can lead to low flushing and the buildup of weed wrack, which consumes oxygen and releases nutrients as it decays. The FKNMS (2007) strategy proposes to inventory and characterize canals and investigate technologies to determine whether it would be worthwhile to implement corrective actions, such as weed gates and aeration systems, to improve water quality. It notes that plans for implementing improvements in canal circulation and flushing would have to be developed in coordination with plans for dealing with stormwater and wastewater pollution from cesspits and septic tanks. • More recently, FDEP has funded the development of Reasonable Assurance (RA) plans for the surface waters of the Keys, as an alternative to the development of Total Maximum Daily Loads (TMDLs). RA plans were developed for the Upper, Middle and Lower Keys by CDM and URS (2008a, b, c), and an overall update was prepared by CDM (2011). The RA plans note that "halo zone" waters surround the Keys out to 500 meters offshore, and "nearshore" waters extend from 500 meters out to 12,100 meters offshore. These are classified as Class III waters (whose beneficial uses include recreation and the propagation and maintenance of a healthy, well balanced population of fish and wildlife) and Outstanding Florida Waters (OFW). The primary pollutants of concern for these waters are nutrients (nitrogen and phosphorus), and Florida water quality standards require that "in no case shall nutrient concentrations of a water body be altered so as to cause an imbalance of natural populations of flora and fauna." The reports note that, because far -field sources dominate the nutrient concentrations in nearshore waters, the recommended water quality target in the nearshore area is defined to be an insignificant increase in nutrient concentrations above natural background levels at 500 meters from shore. "Insignificant" in this case is defined as less than 10 pg/I for total nitrogen and less than 2 pg/I for total phosphorus, and background is defined as the Halo Zone condition in the absence of anthropogenic loads. Another recommended water quality target is that the nearshore ambient nutrient concentrations at 500 meters should average less than the ambient concentrations measured at the time of OFW designation. These water quality goals are relevant to the canal management process because canal management efforts are expected to support their achievement. • The Little Venice neighborhood on Marathon Key was selected in the Monroe County Sanitary Wastewater Master Plan as the first phase of wastewater improvements for the Marathon area because of its high development density, inadequate cesspool and septic systems, and known water quality problems in the canals. Briceno and Boyer (2009) conducted the Little Venice water quality monitoring project, with funding support from EPA and FDEP, to detect changes in water quality as a function of the remediation 11 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� activities. The project included two phases. Phase 1 was executed prior to remediation, from May 2001 to December 2003. Phase 2 began in June 2005, when construction of the wastewater collection system was mostly completed, and lasted until to May 2009. A "Before —After Control -Impact" (BACI) experimental design was used to assess changes due to remediation. Observations and sampling were performed in three remedied canals (112th St., 100th St. and, 97th St. canals), in one control (reference) canal lacking remedial actions (91st St. canal) and a near shore site for comparison purposes (Bricen"o and Boyer 2009). Water samples were collected weekly for bacteriological analysis including enumeration of fecal coliforms (until November 2007) and enterococci. Weekly field parameters measured at both the surface and bottom of the water column at each station included: salinity, temperature, and dissolved oxygen (DO). Weekly water samples from each station were analyzed for total nitrogen (TN), total phosphorus (TP), and chlorophyll a (CHLA). Additionally, monthly grab samples were analyzed for ammonium, nitrate, nitrite, soluble reactive phosphate, silicate, and total organic carbon (Bricen"o and Boyer 2009). Non -parametric Mann -Whitney tests indicated statistically significant (p<0.05) declines in TN and increases in TP, surface and bottom DO, and CHLA in almost all sites. These changes were partially related to region wide variability as well as local condition and/or remediation actions. State of Florida Rule 62-302.530, for Class III marine waters, specifies that DO "shall never be less than 4.0 mg/I". Prior to remediation, this threshold was exceeded in 57% and 67% of sampling events for surface and bottom water samples respectively. For Phase 2, the benchmark was exceeded 45% and 54% for surface and bottom DO, respectively. In spite of this improvement, low DO concentrations continue to be an issue of concern in Little Venice waters (Bricen"o and Boyer 2009). The Florida impaired water rule states that an estuary is impaired if the annual mean CHLA concentration is greater than 11 fag/I. Using this as a benchmark, annual mean CHLA concentrations for all canals and the offshore site were well below State standards during both Phase 1 (1.33 pg/I) and Phase 2 (2.14 pg/I). The overall increase during Phase 2 was statistically significant (Bricen"o and Boyer 2009), presumably due to regional factors unrelated to the remediation effort. The Florida State standard for single counts of fecal coliforms in Class III -Marine waters is 800 CFU per 100 ml; the EPA recommended standard for Enterococci is 104 CFU per 100 ml. During Phase 1, 0.4% of fecal coliform observations exceeded the State standard, and 6% of Enterococci counts exceeded the recommended EPA level. Fecal coliform analyses in Phase 2 indicated that 1 % of observations exceeded the FL State standard. After 4 years into remediation (Phase 2), 4% of Enterococci counts exceeded the recommended EPA level, suggesting a slight improvement in water quality (Bricen"o and Boyer 2009). Bacterial count distribution along the year corresponded to both climatic conditions and site location. Higher counts occurred in the rainy season. In addition, the heads of the canals, having longer residence times, had significantly greater bacterial numbers than 12 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 aillre,d did the mouths. Stations in worse condition in Phase 1 experienced greater improvements following remediation, a result emphasized by Briceno and Boyer (2009) as having potentially important implications for other canal remediation projects. Overall, Briceno and Boyer (2009) interpreted the water quality monitoring results as providing encouraging signs of improvement in water quality in Little Venice as an outcome of remedial actions advocated by the Monroe County, the Environmental Protection Agency, the Florida Department of Environmental Protection and the community of Marathon. Current State -of -the Science and Recommended BMPs A review of existing Monroe County Florida Keys site specific canal restorations included FDEP Permitting files: 15 permits related to installation of weed gates/barriers or aerators (list attached), Jolly Rogers Culvert Construction ERP #44-2694015, and Breezeswept Beach Estates Culvert Project ERP #44-0143157. Crane Point Hammock 1 acre pond suction dredge project is also of relevance. Several backfilling projects included: Indigo Reef, Sunset Acres, and Carrysfort. These restorations will be included in the GIS database. The most recent national guidance on water quality protection and restoration in marinas and other manmade waterways involving recreational boating uses was provided by the US EPA (2001). Although it was not prepared specifically for canal systems, the management issues and BMPs covered in the document are highly applicable to manmade canals. The guidance document is divided into sections that address the following topics: • Sources of nonpoint source pollution and identification of pollutants of concern; • Overview of management measures, BMPs, and the use of combinations of BMPs (BMP systems) to address water quality issues, • Specific management measures for marinas and other manmade waterways; and • Models that can be used to determine the dynamics of water flow and water quality variations in these systems. The management measures discussed in the guidance document are considered by EPA to represent the best available, economically achievable practices or combinations of practices that can be used to address pollution sources related to marinas and other artificial waterways that are used for recreational boating. The BMPs recommended in the document are activities that can be used, alone or in combination, to achieve the management measures. The management measures address the following issues that are applicable to canal management in the Keys: • Circulation and Flushing — site and design marinas and other manmade waterways such that tides and/or currents will aid in flushing of the site or renew its water regularly; 13 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� • Water Quality and Habitat Assessments — assess water quality as part of the siting, design and water quality management processes. Use siting and design features to protect against adverse effects on shellfish resources, wetlands, submerged aquatic vegetation, or other important riparian and aquatic habitat areas as designed by local, state, or federal governments; • Shoreline Stabilization — where shoreline or streambank erosion is a nonpoint source pollution problem, shorelines and streambanks should be stabilized. Vegetative methods are strongly preferred unless structural methods are more cost-effective, considering the severity of wave and wind erosion, offshore bathymetry, and the potential adverse impact on other shorelines, streambanks, and offshore areas. • Storm Water Runoff — implement effective runoff control strategies that include the use of pollution prevention and the proper design of areas that may generate stormwater- related pollutant loads; • Fueling Station Design and Petroleum Control — design fueling stations to allow for ease in cleanup of spills. Reduce the amount of fuel and oil from boat bilges and fuel tank air vents entering surface waters. • Liquid Material Management — provide and maintain appropriate storage, transfer, containment, and disposal facilities for liquid material such as oil, harmful solvents and paints, and encourage recycling of these materials; • Solid Waste Management — properly dispose of solid wastes to limit their entry into surface waters • Fish Waste Management — promote sound fish waste management through a combination of fish -cleaning restrictions, public education, and proper disposal of fish waste • Sewage Facility Management and Maintenance — install pumpout, dump station, and adequate restroom facilities at marinas and other public use areas to reduce the release of sewage to surface waters. Design these facilities to allow ease of access, and post signage to promote use by the public. Ensure that sewage pumpout facilities are maintained in operational condition and encourage their use • Boat Cleaning and Operation —for boats that are in the water, perform cleaning operations to minimize, to the extent practicable, the release to surface waters of (a) harmful cleaners and solvents and (b) paint from in -water hull cleaning. Manage boating activities where necessary to decrease turbidity and physical destruction of shallow water habitat • Public Education — public education, outreach, and training programs should be instituted for to prevent improper disposal of polluting material. 14 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 BMPs recommended to address these issues include: • Circulation and flushing: o Ensure that the bottom of the manmade waterway and its entrance channels are not deeper than adjacent natural waters or navigable channels o Consider design alternatives in poorly flushed waterbodies to enhance flushing o Use as few enclosed water sections or separated basins as possible to promote circulation within the entire basin o Consider the value of entrance channels in promoting flushing when designing or reconfiguring a manmade system o Establish two openings (rather than a single opening) at the most appropriate locations to promote flow -through currents o Consider mechanical aerators to improve flushing and water quality where basin and entrance channel configuration cannot provide adequate flushing Water Quality and Habitat Assessments o Use water quality sampling and/or monitoring to measure water quality conditions o Use a water quality modeling methodology to predict future water quality conditions. o Monitor water quality using indicators and/or rapid bioassessment techniques o Establish a volunteer monitoring program. o Conduct habitat surveys and characterize sites, including identifying any exotic or invasive species o Assess habitat function (e.g., spawning area, nursery area, feeding area) to minimize indirect effects. o Create new habitats or expand habitats in the waterway o Minimize disturbance of riparian areas o Where feasible, use dry stack boat storage • Shoreline Stabilization o Use vegetative plantings, wetlands, beaches, and natural shorelines where space allows 15 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� o Where shorelines need structural stabilization and where space and use allow, riprap revetment is preferable to a solid vertical bulkhead. o Where reflected waves will not endanger shorelines or habitats and where space is limited, protect shorelines with structural features such as vertical bulkheads. o At boat ramps, retain natural shoreline features to the extent feasible and protect disturbed areas from erosion. • Stormwater Runoff Management for Marina Areas o Sweep or vacuum around hull maintenance areas, roads, and driveways frequently o Sweep parking lots regularly o Plant turf or other vegetative cover between impervious areas and manmade basins o Construct new or restore former wetlands where feasible and practical. o Use porous pavement where feasible o Install oil/grit separators and/or vertical media filters to capture pollutants in runoff o Use catch basins where stormwater discharges enter a basin in large pulses o Add filters to storm drains that are located near work areas o Place absorbents in drain inlets o Use chemical and filtration treatment systems only where necessary • Fueling Station Design and Petroleum Control o Use automatic shutoffs on fuel lines and at hose nozzles to reduce fuel loss o Remove old-style fuel nozzle triggers that are used to hold the nozzle open without being held o Install personal watercraft (PWC) floats at fuel docks to help drivers refuel without spilling o Regularly inspect, maintain, and replace fuel hoses, pipes, and tanks o Install a spill monitoring system 16 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� o Train fuel dock staff in spill prevention, containment, and cleanup procedures o Install easy -to -read signs on the fuel dock that explain proper fueling, spill prevention, and spill reporting procedures o Locate and design boat fueling stations so that spills can be contained, such as with a floating boom, and cleaned up easily o Write and implement a fuel spill recovery plan o Have spill containment equipment storage, such as a locker attached or adjacent to the fuel dock, easily accessible and clearly marked o Promote the installation and use of fuel/air separators on air vents or tank stems of inboard fuel tanks to reduce the amount of fuel spilled into surface waters during fueling o Avoid overfilling fuel tanks o Provide "doughnuts" or small petroleum absorption pads to patrons to use while fueling to catch splashback and the last drops when the nozzle is transferred back from the boat to the fuel dock o Routinely check for engine fuel leaks and use a drip pan under engines o Avoid pumping any bilge water that is oily or has a sheen. Promote the use of materials that capture or digest oil in bilges. Examine these materials frequently and replace as necessary o Extract used oil from absorption pads if possible, or dispose of it in accordance with petroleum disposal guidelines o Prohibit the use of detergents and emulsifiers on fuel spills • Liquid Material Management o Build curbs, berms, or other barriers around areas used for liquid material storage to contain spills o Store liquid materials under cover on a surface that is impervious to the type of material stored o Store minimal quantities of hazardous materials o Provide clearly labeled, separate containers for the disposal of waste oils, fuels, and other liquid wastes o Recycle liquid materials where possible 17 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 ame,d o Change engine oil using nonspill vacuum -type systems to perform spill -proof oil changes or to suction oily water from bilges o Where possible, use low -toxicity or nontoxic materials (such as water -based paints and solvents) in place of more toxic products o Follow manufacturer's directions and use nontoxic or low -toxicity pesticides o Prepare a hazardous materials spill recovery plan and update it as necessary o Keep adequate spill response equipment where liquid materials are stored • Solid Waste Management o Avoid performing hull maintenance while boats are in the water, and use a reusable blasting medium o At boat ramps and other public use sites, place trash receptacles in convenient locations for patrons. Require patrons to clean up pet wastes and provide a specific dog walking area o Provide facilities for collecting recyclable materials o Encourage fishing line collection, recycling or disposal o Provide boaters with trash bags • Fish Waste Management o Install fish cleaning stations at marinas and boat launch sites o Compost fish waste where appropriate o Freeze fish parts and reuse them as bait or chum on the next fishing trip o Encourage catch and release fishing, which does not kill the fish and produces no fish waste Sewage Facility Management and Maintenance o Install pumpout facilities and dump stations, using systems compatible with local needs o Provide pumpout service at convenient times and at a reasonable cost 18 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� o Keep pumpout stations clean and easily accessible, and consider having staff perform pumpouts o Provide portable toilet dump stations near small slips and launch ramps o Establish practices and post signs to control pet waste problems o Avoid feeding wild birds in the marina o Establish no discharge zones to prevent boat sewage from entering boating waters o Regularly inspect and maintain pumpout stations and other sewage facilities o Disinfect the suction connection of a pumpout station (stationary or portable) by dipping it into or spraying it with disinfectant o Maintain convenient, clean, dry, and pleasant restroom facilities in public use areas o Maintain a dedicated fund and issue a contract for pumpout and dump station repair and maintenance • Boat Cleaning and Operation o Wash boat hulls above the waterline by hand. Where feasible, remove boats from the water and clean them where debris can be captured and properly disposed of o Attempt to wash boats frequently enough that the use of cleansers will not be necessary. o If using cleansers, buy and use ones that will have minimal impact on the aquatic environment o Switch to long-lasting and low -toxicity or nontoxic antifouling paints o Avoid in -the -water hull scraping or any abrasive process done underwater that could remove paint from the boat hull o Ensure that adequate precautions have been taken to minimize the spread of exotic and invasive species when boats are transferred from one waterbody to another o Minimize the impacts of wastewater from pressure washing o Restrict boater traffic in shallow -water areas 19 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� o Establish and enforce no wake zones to decrease turbidity, shore erosion, and shoreline damage • Public Education o Use signs to inform waterfront property owners and marina patrons of appropriate clean boating practices o Establish bulletin boards for environmental messages and idea sharing o Promote recycling and trash reduction programs o Hand out pamphlets or flyers, send newsletters, and add inserts to bill mailings with information about how recreational boaters can protect the environment and have clean boating waters o Organize and present enjoyable environmental education meetings, presentations, and demonstrations and consider integrating them into ongoing programs o Educate and train marina staff to do their jobs in an environmentally conscious manner and to be good role models for marina patrons o Insert language into facility contracts that promotes tenants' using certain areas and clean boating techniques when maintaining their boats. Use a contract that ensures that tenants will comply with the marina's best management practices o Have a clearly written environmental best management practices agreement for outside contractors to sign as a precondition to working on any boat in the marina o Participate with an organization that promotes clean boating practices o Provide MARPOL placards o Paint educational signs on storm drains o Establish and educate marina patrons and other boaters about good fish cleaning practices o Provide information on local waste collection and recycling programs o Teach boaters how to fuel boats to minimize fuel spills o Stock phosphate -free, nontoxic cleaners and other environmentally friendly products o Place signs in the water and label charts to alert boaters about sensitive habitat areas 20 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� o Educate boaters to thoroughly clean their boats before boating in other waterbodies • Numerical Analyses and Models The EPA (2001) guidance document also includes brief reviews of, and suggestions on the use of, a variety of numerical models to address issues such as circulation, flushing and water quality dynamics in manmade waterways. The models were selected based on the following criteria: o They are in the public domain. o They are available at a minimal cost from various public agencies o They are supported to a varying extent by federal or state agencies. The form of support is usually telephone contact with a staff of engineers and programmers who have experience with the model and can provide guidance (usually free of charge). o They have been used extensively for various purposes and are generally accepted within the modeling profession. o Together they form a sequence of increasingly more technically complex models, taking additional phenomena into account in a more detailed manner. The guidance notes that selection from among these models should be made on the basis of the model capabilities needed, which are summarized in Table I.I. 21 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 aillre,d Table 1.1 Attributes of numerical models recommended for use in analyzing water quality conditions marinas and other manmade waterways by US EPA (2001). Relative Model Source Complexity Cost to Water quality Implement issues addressed Tidal Prism US EPA Region 4 Simple Low DO, fecal coliform Analysis bacteria Tidal Prism Virginia Institute of Mid -Range Medium DO, BOD, nutrients, Model Marine Science phytoplankton, fecal coliforms NCDEM DO North Carolina Mid -Range Medium DO Dept. of Environ. Health and Natural Resources WASP US EPA Region 4 Complex High DO, BOD, nutrients, phytoplankton, toxics fecal coliforms EFDC Virginia Institute of Complex High DO, BOD, temperature, Hydrodynamic Marine Science salinity, nutrients, sediment, finfish, phytoplankton, shellfish, toxics, fecal coliforms, eutrophication Additional information on numerical models that can be used to evaluate the circulation and flushing characteristics of manmade canal systems was provided by Goodwin (1991), who used a one-dimensional hydrodynamic model to evaluate the potential effects of installing tide gates in two dead-end canal systems located on the southwest coast of Florida. Flow simulations were carried out using abranched-network flow model (BRANCH) developed by the USGS. The model results indicated that tidal water -level differences between the two canal systems could be used to increase water circulation through the installation of one-way tide gate interconnections. Computations showed that construction of one to four tide gates would provide several beneficial water quality effects including reduced density stratification and associated dissolved oxygen depletion in canal bottom waters, increased localized rearation, and more efficient discharge of stormwater runoff entering the canals (Goodwin 1991). 22 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 References Cited ; Briceno, H.O., and J.N. Boyer. 2009. Little Venice water quality monitoring project final report. USEPA, Atlanta, GA and FDEP, Ft. Myers, FL. 81 p. CDM. 2001. Monroe County Stormwater Management Master Plan. Monroe County. Key West, FL. 304 p. CDM. 2011. Florida Keys Reasonable Assurance Documentation Update. FDEP. Tallahassee, FL. 52 p. CDM and URS. 2008. Central Keys Area Reasonable Assurance Documentation. FDEP. Tallahassee, FL. 149 p. CDM and URS. 2008b. Northern Keys Area Reasonable Assurance Documentation. FDEP. Tallahassee, FL. 136 p. CDM and URS. 2008c. South -Central Keys Area Reasonable Assurance Documentation. FDEP. Tallahassee, FL. 126 p. CH2MHILL. 2000. Monroe County Sanitary Wastewater Master Plan, Vols. 1 and 2. Monroe County. Key West, FL. 219 p. FDEP. 2011. Site -Specific Information in Support of Establishing Numeric Nutrient Criteria for Florida Bay — Draft. FDEP, Tallahassee, FL. 52 p. FKNMS. 2007. Florida Keys National Marine Sanctuary Revised Management Plan. FKNMS. Marathon, FL. 382 p. Goodwin, C.R. 1991. Simulation of the effects of proposed tide gates on circulation, flushing and water quality in residential canals, Cape Coral, Florida. U.S.G.S. Open -File Report 91-237 Kruczynski, W.L. 1999. Water quality concerns in the Florida Keys: Sources, effects and solutions. Florida Keys National Marine Sanctuary, Water Quality Protection Program. Marathon, FL, 65 p. National Research Council. 2002. A Review of the Florida Keys Carrying Capacity Study. National Academies Press. Washington, DC. 180 p. URS. 2001. Florida Keys Carrying Capacity Study, Canal Impact Assessment Module. U.S. Army Corps of Engineers, Jacksonville, FL and Florida Department of Community Affairs, Tallahassee, FL. 173 p. USACE and SFWMD. 2004. Final Programmatic Environmental Impact Statement - Florida Keys Water Quality Improvements Program. USACE, Jacksonville, FL and SFWMD, West Palm Beach, FL. 214 p. 23 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� USACE and SFWMD. 2006. Florida Keys Water Quality Improvement Program: Program Management Plan (Final). USACE, Jacksonville, FL and SFWMD, West Palm Beach, FL. 114 P. USEPA. 1975. Finger -fill canal studies: Florida and North Carolina (EPA 904/9-76-017). USEPA, Washington, DC. 232 p. USEPA. 2001. National Management Measures Guidance to Control Nonpoint Source Pollution from Marinas and Recreational Boating (EPA 841-B-01-005) USEPA, Washington, DC. 209 p. 24 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 Task 1.2. Data deficiencies in the project geodatabase i The purpose of this section is to review the existing 2003 Monroe County Residential Canal Inventory and Assessment GIS database currently being updated by AMEC to determine if there are data deficiencies that will affect other work on Phase 1 of CMMP development. The purpose of identifying these data gaps is to make stakeholders aware of potential difficulties in canal technology selection/design elements and to assist in determining future data acquisition needs. The identified data gaps in the existing updated GIS database for the Monroe County Canals are as follows: 1. Depth information for the canals — The attribute field for canal depth in the existing GIS database was based upon limited permit information, not actual as -built values. Actual canals depths are required to adequately evaluate if backfilling is an applicable restoration method and are required to accurately estimate backfilling costs. The depth data will also be necessary to evaluate circulation effectiveness for canal flushing alternatives. 2. Sediment/organic material thickness in canals —There currently are no available data sources concerning the thickness of accumulated sediment and/or organic material in the bottom of canals. This information is needed to evaluate if this accumulated material is contributing to degrading the water quality in the canals, to estimate the quantities that may require removal, and to determine the most cost effective restoration option(s). A qualitative evaluation of the weed rack accumulation may be performed for each canal by performing an inspection of the high definition aerials to describe the visible amount of weed rack in each canal. This approach will provide limited information that could be cross referenced against the known accumulation depths (if available) and then extrapolated for each canal. This approach may be more accurate than approximate methods based on energy and orientation of the canal mouth due to the complex and variable nature of ocean currents. 3. Canal specific water quality data — There is limited canal specific water quality data available in the Keys. The existing GIS database includes all currently available information, but it is limited to only a fraction of the canals (52/518). Also many sampled canals are only characterized by one event. Quantification of canal water quality improvements, especially related to restoration efforts, will be hard to document without canal specific water quality data. Task 1.3. CMMP objectives On April 13, 2012, the Canal Subcommittee met to initiate work on the Monroe County Canal Management Master Plan (CMMP) project. As part of that meeting, the subcommittee discussed Task 1.3, the development of an overall objectives statement for the CCMP. The purpose of the objectives statement is to provide a very brief summary of the overarching goals of the canal management effort, capturing its overall intent in a few sentences that will be readily understandable to policymakers, resource managers and the interested public. 25 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 ame,d A draft objectives statement, which was taken with minor modification from the 2000 Monroe County Sanitary Wastewater Master Plan, was used as the starting point. After some discussion of wording changes that would make the statement more applicable to canal management issues, the subcommittee adopted the following objectives statement for the CMMP: "The objective of the CMMP is to provide an ecologically sound and economically feasible funding and implementation strategy for improving and managing the environmental quality of canal systems in the Florida Keys. The plan will provide flexible and cost-effective solutions that improve canal management practices throughout the Keys and satisfy the existing and future needs of the community. It must address affordability and equity issues, reflect key stakeholder concerns, and satisfy environmental and regulatory criteria and guidelines." Task 2: Priority management issues As noted above, because of the short timeline associated with this first phase of the CMMP project, it is anticipated that this initial issues list will be a preliminary one. The objective is to identify a small group of high -priority canal management and restoration issues that will be sufficient to guide work during the first phase of CMMP development. It is anticipated that a more comprehensive priorities list, appropriate for inclusion in a broader plan whose scope would be comparable to the existing Sanitary Wastewater and Stormwater Master Plans, will be developed in a future phase of the project, if funding is available to support that larger work effort. Based upon reviews of the Monroe County Comprehensive Plan, Monroe County Sanitary Wastewater Master Plan, Monroe County Stormwater Management Master Plan, Florida Keys National Marine Sanctuary Management Plans, Florida Keys Reasonable Assurance Documents (FKRADs), and other sources, the following management and restoration issues were identified as potential priorities: • Water quality — nutrient loading, nutrient enrichment and eutrophication • Water quality — dissolved oxygen/hypoxia • Water quality — organic matter (e.g., weed wrack) • Water quality — human pathogen levels • Water quality — compliance with regulatory requirements (e.g., WQ criteria; WBID impairments; TMDL/Reasonable Assurance process; NNC when adopted) • Sediment quality — anoxia; sulfides; sediment contaminants (TEL/PEL exceedances) • Habitat quality — benthic community; intertidal community; shoreline stability and vegetation • Physical characteristics — maximum depth; bathymetry; geometry; orientation • Physical characteristics — circulation and flushing • Physical characteristics — effects on local hydrology • Public involvement in the canal management process 26 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 aillre,d Following discussion of these items during an April 27, 2012, meeting with the Canal Subcommittee of the Water Quality Steering Committee, the following issues were identified as priorities for the first phase of the CMMP project: • Water Quality — restore and maintain water quality conditions in canal systems to levels that are consistent with the State water quality criteria. Class III criteria are applicable which include fish consumption; recreation, propagation and maintenance of a healthy well balanced population of fish and wildlife. • Water Quality — Organic Material — reduce the entry and accumulation of seagrass leaves and other `weed wrack' in affected canals. • Sediment Quality — improve anoxia, sulfide levels, and concentrations of potentially toxic anthropogenic sediment contaminants in canals. • Habitat Quality improve habitat for benthic and intertidal communities, and maintain adequate shoreline stability and vegetation. • Public involvement in the canal management process. It was agreed at the April 27, 2012 meeting that the physical characteristics of canals are important but they are more a cause of water quality problems and that improvement in circulation and flushing is a restoration technique. These issues were therefore not included in the final management issue list. The possibility of ranking of the management issues was discussed; however, it was concluded that all of the selected issues were of equally high priority. The above priority management issues will guide work on Tasks 3, 4 and 5 of the approved CMMP scope of work. Task 3. Management goals for priority issues As with the management issues identified in Task 2, because of the short timeline associated with Phase 1 of CMMP development, the management goals identified in this task are preliminary ones. Their purpose is to provide initial goal statements sufficient to guide work on Task 4 (which will identify priority canals for the potential implementation of restoration options) and Task 5 (which will develop an initial short-list of restoration projects). It is anticipated that more comprehensive goal statements may be developed in a future phase of the project, if funding is available to support that larger work effort. Based on discussion with the Canals Subcommittee during the meeting held on April 27, 2012, the following initial goals were identified for the five priority management issues selected in Task 2. The goals are intended to be protective of living resources, technically defensible, quantifiable (where possible), readily measurable, and challenging but achievable. 27 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 • Issue 1. Water quality — Eutrophication and DO -Related Issues i Goal: Restore and maintain water quality conditions in canal systems to levels that are consistent with the State's current water quality criteria for Class III waters, whose designated uses include human recreation as well as the propagation and maintenance of a healthy, well-balanced population of fish and wildlife. The State water quality standards are detailed in Florida Administrative Code 62-302. • Issue 2. Water quality —Organic Matter (e.g., Weed Wrack) Goal: In canal systems whose location make them susceptible to receiving large inputs of seagrass leaves and other `weed wrack' from nearshore waters, install cost-effective barriers to prevent or substantially reduce those inputs to levels that do not contribute to eutrophication, hypoxia, or other water and sediment quality issues within the canals. • Issue 3. Sediment quality Goal: Reduce the incidence of anoxia, problematic sulfide levels and sediment toxicity in canals where these issues are present, and prevent these issues from developing in canal systems where they are not yet present. • Issue 4. Habitat quality Goal: Protect aquatic and benthic canal habitats that currently support native flora and fauna, and improve water and sediment quality in other areas to levels that are capable of supporting them. • Issue 5. Public Involvement in the Canal Management Process Goal: Create and maintain a constituency of informed, involved citizens who understand the environmental and economic issues involved in managing manmade canal systems Task 4. Priority sites for restoration An initial list of potential project sites and site -specific restoration concepts were developed using the information collated and evaluated in Task 1, as well as site visits that included visual inspections of canals and spot -collection of depth information and hydrographic (e.g., DO, water temperature, pH, and conductivity) data. Two groups of canals were selected for site visits: 1. Canals in subdivisions that were identified as water quality problem areas by a working group convened by the South Florida Water Management District (SFWMD) in 1996; and 2. Canals identified as having water quality problems associated with weed wrack that were located in geographic areas not included in the SFWMD list. 28 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� The SFWMD priority list of water quality problem areas was identified by subdivision (not canal) and was included in the Monroe County Sanitary Wastewater Master Plan Technical Memorandum No. 4. For Group 1 it was necessary to determine which canal(s) in each of the subdivision are likely to have the most serious water quality problems, due to poor designs that limit circulation and flushing. This was accomplished by examining aerial photographs and information from the project geodatabase. A site visit was then performed to confirm that the most problematic canals within each subdivision had been identified. For group 2, aerial photographs taken during the winter of 2006 were examined to identify canals with significant weed wrack coverage at the water surface. A subset of these canals was then selected to provide additional geographic coverage across all of the keys. The canal systems that were evaluated using site visits are summarized in Tables 4.1 and 4.2. Table 4.1 Group 1 (SFWMD 1996) canals evaluated using site visits during Task 4. Subdivision Identified as Priority Water Quality Problem Area by SFWMD (1996) Working Group Priority Canal Identified During Site Visit LAKE SURPRISE/SEXTON COVE 241 KEY LARGO CROSS KEY ESTATES 45 KEY LARGO WYNKEN, BLYNKEN AND NOD 78 ROCK HARBOR HAMMER POINT PARK 93 TAVERNIER CONCH KEY 164 CONCH KEY LITTLE VENICE 196 MARATHON LITTLE VENICE 200 MARATHON PORT PINE HEIGHTS 238 BIG PINE KEY BOOT KEY HARBOUR 243 MARATHON KNIGHT'S KEY CAMPGROUND 252 MARATHON DOCTOR'S ARM 258 BIG PINE KEY DOCTOR'S ARM 266 BIG PINE KEY TROPICAL BAY 277 BIG PINE KEY EDEN PINES COLONY 278 BIG PINE KEY SANDS SUBDIVISION 286 BIG PINE KEY CUDJOE GARDENS 329 CUDJOE KEY BAYPOINT SUBDIVISION 433 SADDLEBUNCH KEYS GULFREST PARK 437 BIG COPPITT Note: 1 Canal ID number from project geodatabase 29 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 ame,d Table 4.2. Group 2 (elevated weed wrack) canals evaluated using site visits during Task 4. Canal ID 1631 LONG KEY/LAYTON 223 MARATHON 261 NO NAME KEY 307 SUGARLOAF KEY 471 KEY HAVEN Note: ' Canal ID number from project geodatabase These potential project sites were then evaluated as a group and scored relative to one another using the following criteria. 1. Severity of problem (scored from 0 to +10) Scoring is based upon whether the problem (which may involve water, sediment or habitat quality) is considered nuisance or serious, with values for nuisance problems or issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10. 2. Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects that would have deleterious effects within the project canal. 3. Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for projects that would have deleterious effects within the halo or nearshore zone. 4. Public benefit (scored from -10 to +10) The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Analogous negative scores (0 to -10) can be applied for projects that would have negative effects on users. 5. Public funding support (scored from -10 to +10) Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding 30 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 ame,d support for the proposed restoration or remediation project. Scoring ranges from -10 to +10, with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6. Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. Scoring ranges from 0 to +10, representing 0% to 100% likelihood of being eligible and competitive for external funding support. 7. Availability of data to prepare project designs and grant proposals (scored from 0 to +10) Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed information that is currently available or could be obtained quickly and at minimal cost. 8. Project "implementability" (scored from 0 to +10) This criterion accounts for factors such as cost, complexity of permitting issues, mitigation requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in implementation and 10 indicating relative ease of implementation. At the time the scoring was done, sufficient information was not yet available to score criteria 3, 57 6 or 7. A score of zero was assigned for this initial ranking. (Information to score these criteria was gathered during Task 5, and utilized to develop the initial short-list of restoration projects.) To meet the requirements of Task 4, the remaining criteria were scored using the following methods: Severity of the problem : DO Hydrogen Sulfide Site Score Minimum DO > 4 mg/L No hydrogen sulfide issue 0 Minimum DO >2 mg/L, <4 mg/L No to slight hydrogen sulfide issue 5 Minimum DO <2 mg/L Hydrogen sulfide issue 10 Note: Overall site score is based on either the DO or hydrogen sulfide score, whichever is larger. Scores between 0 and 5 or between 5 and 10 can be given depending on severity of DO or hydrogen sulfide issues observed at site. 31 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 Potential to provide improvement: change in DO or hydrogen sulfide score Site Score -Anticipated Small to no effect 0 Moderate effect + or - +57 -5 -Large effect + or - +107 -10 Public benefit (with number of affected users estimated using aerial photography): number of users affected Site Score -Anticipated Minimum(positively or negatively) 0 Median (positively or negatively) +57 -5 Maximum (positively or negatively) +107 -10 Note: 2Numbers of affected users were estimated based on the numbers of waterfront lots present on the canals listed in Tables 1 and 2. From that sample of canals, the one with the minimum number of lots was given a score of zero and the one with the maximum number was given a score of 10. Scores for other remaining canals were interpolated using percentiles (i.e., 10t" percentile=1, 25t" percentile=2.5, 50t" percentile=5.0, etc.). In addition, two canals in areas with large numbers of recreational users (the Boot Key Harbor and Knights Key canals) were given scores of 10 to reflect their heavy recreational use. Project "implementability": difficulty of implementation Site Score -Anticipated difficult 0 -Significant Moderate difficult 5 Low difficulty 10 The prioritized list of canals that resulted from this process, and an initial set of potential restoration technologies that may be appropriate for each canal based on currently -available information, are shown in Table 4.3. The canals are listed in descending order, with higher priority locations (canals with higher overall site scores) located at the top of the table and the lower priority locations at the bottom. Table 4.3. Canals ranked in priority order in Task 4 (higher overall score =higher priority). Canal Potential Restoration Overall Score Area Name Number Technologies In Task 4 Tropical Bay Estates p y 277 Weed wrack loading 32.2 prevention 32 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 ; Area Name Canal Potential Restoration Overall Score Number Technologies In Task 4 Doctors Arm 258 Weed wrack loading 31.5 prevention Circulation pump (reduction in Sands Subdivision 286 stormwater loading is 28.7 appropriate) Cross KeyEstates 45 Backfilling and/or pumping to 28.6 increase circulation Weed wrack loading Knights Key 252 prevention primary treatment; 28 Campground backfilling as a secondary treatment Weed wrack loading No Name Key 261 prevention; maintenance of 27.4 existing culvert at canal ends Doctors Arm 266 Weed wrack loading 27.4 prevention Eden Pines 278 Culvert or pumping to increase 27.0 circluation Weed wrack loading Wynken, Blynken and 78 prevention primary treatment; 26.3 Nod backfilling secondary treatment La ton/Lon Key y g y 163 Backfilling or pumping to 24.2 increase circulation Port Pine Heights g 238 Pumping to increase 23.0 circulation Bay Point 433 Culvert maintenance 22.8 Weed wrack loading reduction, Sugarloaf 307 pumping to improve 22.2 circulation, backfilling Conch Key 164 Culvert modification 22.2 33 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 ; Area Name Canal Potential Restoration Overall Score Number Technologies In Task 4 Weed wrack Loading prevention primary technology; Marathon 223 potential need for secondary 22.0 treatment of a circulation pump. Increase in circulation by pumping or culvert. Depth Boot Key Harbor 243 information will be required to 22.0 evaluate if backfilling is appropriate. Circulation pump (reduction in Key Haven 471 stormwater loading is 21.8 appropriate) Gulfrest Park 437 Circulation pump 21.0 Little Venice 200 Circulation pump 20.6 Little Venice 196 Backfilling 15.1 Lake Surprise -Sexton 24 Culvert to Lake Surprise 11.7 Cove Hammer Point 93 Backfilling 10.8 Existing culverts provide sufficient flushing; reduction in Cudjoe Gardens 329 nutrient loading from future 4.6 VWVTP installation will additionally improve quality. The initial set of potential restoration technologies that appear applicable to these canals include: o Reductions in weed wrack loading (using bubble curtains, weed gates or other methods); o Enhanced circulation (using culverts, pumps, or other means) to reduce hydraulic residence times and eliminate areas of water column stagnation; 34 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� o Removal of accumulated organic sediments, in areas where the sediments are contributing to the development of phytoplankton blooms, bottom -water hypoxia and excessive hydrogen sulfide production; and o Backfilling to reduce canal depth, in areas where excessive depth is contributing to poor circulation, bottom -water hypoxia, and other canal management issues. 35 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 Task 5. Initial short-list of restoration projects ; This is a key task of the Phase 1 CMMP, and is intended to provide a short-list of "early action" project sites and restoration activities for which implementation funds will be sought during the next one to two years. Items included in the deliverables for Task 5 include: • A short-list of projects selected for immediate restoration implementation, potential sources of grant funding that could be pursued for these projects, and the information that will be needed to prepare those grant applications; • A summary of each short-listed project, including information on the affected WBI D, water quality impairments addressed by the project, a conceptual restoration design, estimated improvements associated with the project, and a preliminary budget and scope of work; • Information on canal depth that is currently available from local sources, if that information is required for costing purposes; • For each potential project, a checklist showing the grant application requirements that have already been fulfilled and a list of additional items that will need to be completed before a grant application can be submitted. • A list of applicable state and federal grant opportunities and corresponding deadlines, along with information on the application deadlines for the larger state and federal grant programs during 2012 and 2013; Refined Scoring Criteria In order to develop the project short-list for Task 5, scoring criteria 3, 57 6 and 7 from Task 4 were reviewed and refined as follows: • Criterion 3: Potential to provide impacts (positive or negative) within the halo or nearshore zones: change in net loads Site Score -Anticipated Small to no effect 0 Moderate increase or decrease (+ or -) +57 -5' Large increase or decrease (+ or -) +107 -10' Note: ' A positive score will be given to projects likely to cause a net reduction in the pollutant loads that are discharged to halo or nearshore zones. Negative scores to projects likely to cause a net increase in loads discharged to those zones. Scoring based upon the following: weed wrack prevention technologies = 0 (no net change); culverts and circulation pumps = negative, magnitude based upon current impairment level of canal; backfilling = positive, magnitude based upon potential improvement due to removal of sediments pre- backfill or covering of sediments. 36 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 • Criterion 5: Public funding support i It was determined that this criterion should be removed from Phase I, because the potential for public funding support would be equal for the canals included on the Task 5 short-list. • Criterion 6: Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) It appears likely that potential restoration sites would not be competitive for external grant funds if they have not yet upgraded their wastewater treatment systems, since funding agencies could be hesitant to approve grant funding for more advanced water quality restoration work at sites where these basic water quality improvement steps have not yet been taken. Therefore, canals were given a score of zero for this criterion, and eliminated from the Task 5 rankings, if they are not yet connected to the wastewater treatment system. Canals receiving direct, piped discharges of untreated stormwater (e.g., Key Haven 471) were also given a score of zero, regardless of their wastewater treatment status. Canals that are currently connected to the wastewater treatment system and had no visible untreated stormwater outfalls were given a score of 10. • Criterion 7: Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Current data availability (percentage of data Site Score necessary to prepare grant proposals, permit applications, etc.) Little or no data available 0 Approximately 50% of necessary data +5 are currently available Almost 100% of necessary data +10 are currently available Short -List of Potential Restoration Projects The results of the Task 5 scoring process are summarized in Table 5.1. The scoring sheets for each canal are included in Appendix A. 37 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 ame,d Table 5.1. Task 5 Canal Prioritization List (higher overall score =higher priority). Subdivision Name GIS Canal Potential Restoration Overall Number Technologies Task 5 Score Wynken, Blynken and Primary=weed wrack Nod 7$ loading prevention; 45.3 secondary=backfilling Backfilling and/or Cross Key Estates 45 pumping to increase 41.6 circulation Marathon 223 Weed wrack loading 39 prevention Culvert maintenance Bay Point 433 (plus evaluation of 37.8 adequate culvert size) Little Venice 200 Circulation pump 35.6 Gulfrest Park 437 Circulation pump 32 Increase in circulation by pumping or culvert. Boot Key Harbor 243 Depth information will be 32 required to evaluate if backfilling is appropriate. Little Venice 196 Backfilling 30.1 Circulation pump Key Haven 471 (reduction in stormwater 26.8 loading is also appropriate) Lake Surprise -Sexton 24 Culvert to Lake Surprise 26.7 Cove Hammer Point 93 Backfilling 25.8 38 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 i The sites ranked 1 through 3 in Table 5.1 were selected for engineering evaluation of restoration options. These included: 1. Wynken, Blynken and Nod, Rock Harbor — GIS Canal Number 78 2. Cross Key Estates, Key Largo — GIS Canal Number 45 3. Marathon — GIS Canal Number 223 An attribute table from a portion of the GIS database, a site condition summary, and aerial photographs for each these canals is included in Appendix B. Restoration Project Summaries Project Number: 1 Project Name: Wynken, Blynken and Nod (Canal ID: 78) Project Type: Design, permitting, construction, construction management, and monitoring for weed gate system and removal of organics Description of Project Area Canal 78 is located in the Wynken, Blynken &Nod neighborhood in Key Largo, Florida immediately off of US-1 at Mile Marker 96. The canal is located within the halo zone of Water Body Identification (WBID) 6006A. Halo Zone WBID 6006A is defined by the waters located within 500 meters of the shoreline of Key Largo. Impairments Addressed by the Project The December 2008 Reasonable Assurance Document (RAD) developed for the Northern Keys identified WBID 6006A as being impaired for nutrients, in particular total nitrogen and total phosphorous. However, the December 2008 RAD also demonstrated that the WBID should be classified as category 4b, indicating that the waterbody is impaired but that the implementation of a Total Maximum Daily Load (TMDL) is not required because it is expected that the waterbody will achieve compliance with water quality criteria based on management activities that have been undertaken. In the case of WBID 6006A, implementation of advanced wastewater treatment throughout the watershed is expected to achieve the required water quality criteria for nutrients. An update to the RAD that was prepared in December 2011 indicated that the WBID is impaired for dissolved oxygen (DO). The DO impairment was not assigned a cause, since water quality monitoring did not identify concentrations of total nitrogen, total phosphorous, or biochemical oxygen demand that exceededwater quality criteria. The canal system within the Wynken, Blynken & Nod subdivision was assessed on May 9, 2012. Water quality was determined to be poor based on DO measurements collected just below the water surface and at 11 feet below the water surface that exhibited concentrations of 2.3 mg/L and 3.3 mg/L, respectively. These values are below the FDEP standard for impaired water bodies of 4.0 mg/L. The total canal depth was noted as approximately 22 feet. The canal was also noted to be impacted by weed wrack which accumulated at the ends of the finger canals. The decay of the accumulated organics in the weed wrack will utilize DO,potentially leading to sediment anoxia and enhanced hydrogen sulfide production. 39 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 ame,d Remedial Technology Evaluation The primary water quality issues within this system were identified as (1) prevention of additional weed wrack from entering the canal; (2) removal of accumulated organic sediments; and (3) reduction in canal depth to eliminate the deep stagnant water column. To keep additional organics (weed wrack) from entering the canal a physical weed wrack gate in conjunction with an air weed wrack gate would be added to the entrance of the canals. The removal of existing accumulated organics was evaluated. The cost estimation for was based on an assumed uniform canal depth of 22 feet, and an accumulated organics depth of 3 feet over 1/3 of the canal bottom. The organics are assumed to be non toxic. Specific canal profile data and accumulated organics data are required for a more detailed cost estimate for this site. Backfilling of the canals was also evaluated assuming backfilling to a depth of 6 feet. Backfill material was assumed to be A-3 classified material and or clean construction debris from approved contractors. Clean construction debris is currently unavailable; therefore cost estimates for backfill only reflect purchased backfill. Depending on when the backfilling recommendations are implemented potential future backfill maybe available from the Cudjoe Key wastewater treatment plant. Specific canal profile data and accumulated organics data are required for a more detailed cost estimate for this site. An existing aeration system is present in this canal system and engineering evaluation to determine if it can be optimized to a recirculation system could also considered as a means to improve water quality with less cost. A conceptual schematic of the evaluated technologies is included in Appendix C along with estimated costs for each technology. The costs were utilized to assist in final selection of a preferred alternative. Preferred Remedial Alternative A weed wrack gate is proposed for this project which is intended to provide a barrier to prevent floating or suspended organic material (weed wrack) from entering and accumulating within the canal. The gate is designed to allow for navigational access during normal operation. In addition to installation of a weed wrack gate, removal of organic material is also proposed for this canal. Description of Conceptual Schematic for Preferred Remedial Alternative: • Two 10-foot stretches of physical weed wrack gate shall be constructed on either side of the channel at the entrance of the canal. • Each of the 10' physical weed wrack gate sections will be comprised of (2) wooded or aluminum pilings that will be placed approximately 9' apart. High- Strength Fiberglass Panels will be affixed to the pilings in order to block the flow of weed wrack. The fiberglass panels shall be oriented such that as mean sea level 2.5' of fiberglass remains above the water and 2.5' of .N Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� fiberglass remains below the water. Plastic netting shall be affixed to both sides of the fiberglass and offer continued weed wrack guarding above and below the limits of the fiberglass. -Plastkc Netting.. Mean Sea Level Fiber gi3ss F3nels Plastic Netting 11 Fibergi3ss Mean Sea Level 11 • The area between the ends of the physical weed wrack gate shall contain a 36' wide air weed wrack gate. Coarse bubble diffusers will be spaced at an interval of 2 feet. Diffuser mounts will be used to affix the coarse bubble diffusers to the air weed wrack gate lateral. The air weed wrack gate lateral line will rest approximately 1 foot above the bottom surface to allow for maximum boating clearance. • A 36 URAI pump in conjunction with a 5hp motor will provide air through 3" PVC pipe to the air weed wrack gate. Calculations for determining these pump specifications were based on an assumed diffuser depth of 9'. This estimate is subject to change based on detailed design data. • Removal of accumulated organics within the yellow shaded area of the Wynken, Blynken and Nod Conceptual Schematic figure (refer to Appendix C) should be completed using 41 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 a jog#"# ec� Hydraulic Dredge. The cost for the disposal of the removed organics is based upon off - island disposal. Recycling options can be investigated. Assumptions for Conceptual Schematic: • Depth of accumulated organics: 3 feet over 1 /3 of the canal bottom • The bottom of the canal is 22 feet below the surface of the water at low tide. • The accumulated organics are non toxic and may be dewatered for transplant. • Air weed wrack curtain lateral at a depth of 9 feet (or less, if canal backfilling is conducted). • Pump efficiency = 80% Wynken, Blynken and Nod Preferred Alternative Cost Estimate Weed Wrack Gate Item # UoM Approx Qty Item Unit Price Cost 1 EA 1.0 Furnish and Install Air/ Physical Seaweed Gate $ 197462.00 $ 197462.00 Subtotal $ 19, 462.00 Contingency 20% $ 37892.00 Sub total $ 239354.00 Construction Administration $ 57000.00 Final Design and Permitting $ 10, 000.00 Total TOTAL $ 389354.00 42 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 Organics Removal Item Unit of Approx # Measure Qty Item Unit Price Cost Removal of Organics- 1 LS 1.0 Mobilization $ 507000.00 $ 507000.00 Removal of Organics- 2 CY 37376.4* Hydraulic Dredge $ 10.00 $ 337764.00 Removal of Organics- 3 CY 37376.4* Dewatering $ 13.00 $ 437893.00 Transportation and Disposal of 3 Ton 319.1 * Accumulated Organics $ 48.00 $ 157315.00 Subtotal $ 1427972.00 Contingency 20% $ 287594.00 Sub total $ 1719566.00 Construction Administration $ 257735.00 Final Design and Permitting $ 427892.00 Total TOTAL $ 2409193.00 Notes: * preliminary estimate only — value needs field verification The approximate cost to operate the air gate is $280/month assuming diffuser discharge depth of 9 feet. Potential Benefits of Proposed Restoration Project The proposed restoration project consisting of the construction of a weed wrack gate and removal of the accumulated organics by hydraulic dredging in selected areas will help to address the existing water quality impairments. The removal of the accumulated organics will help increase the DO within the waterbody by reducing the sediment oxygen demand (SOD) imposed by the accumulated organics. Given the highly organic nature of the sediment within the waterbody, it is possible that the SOD could be as high as 20 g/m2/d (Davis 1950). Given the area of the waterbody of 10,000 m2 and an assumed natural SOD of approximately 5 g/m2/d7 it is estimated that a reduction in oxygen consumption of 15,000 g/d (33 Ib/d) could be realized from removing accumulated organic material and preventing additional accumulation through the use of weed gates. 43 Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 aillre,d The proposed weed wrack gate addresses the DO impairment in a twofold manner. The gate will help to reduce future accumulations of organic sediments in the benthic zone of the waterbody, resulting in a prevention of high SOD as previously described. The gate will also help to aerate incoming and outgoing water. Therefore, the aeration induced by the air weed wrack gate will help to increase the DO of both the waterbody and the nearshore waters. Potential Grant Programs The project identified above is expected to have a positive effect on water quality within the canal and surrounding areas. Traditionally, water quality and habitat restoration efforts have focused on restoration of natural ecosystems impacted by human activity. Grant programs are typically geared toward these types of projects. For this reason, it will be critical to emphasize that projects aimed at water quality improvements within Keys canal systems are likely to provide equally significant improvements to the overall marine environment. By reducing areas of stagnation and hypoxia, canal water quality improvement projects will help to minimize nutrient releases from accumulations of decaying organic material and loss of suitable habitat for aquatic species. The following grant opportunities have been identified as potential funding sources for this project: . Required Project � Required Grant Program Agency Deadline* Minimum Objective ective Project Match Stage g Section 319 EPA/FDE P May2013 y' 40% Reduce Non- Conceptual p point pollution TMDL EPA/FDE Mar/Jul/ 50% Reduce Non- 60% Design / P Nov point pollution Permitted 2012/2013 South Florida USFWS April, ril 2013 0% required Habitat Conceptual p Coastal Program Restoration encouraged) Community- TNC / April, ril 2013 50% Habitat Conceptual p Based Matching NOAA Restoration Grants Program National Coastal Habitat Wetlands USFWS June, 2013 50% Restoration Conceptual Conservation Grant Program Urban Waters EPA January, $2 500 Water Quality Conceptual p Small Grants** 2013 Improvement Notes: * 2013 deadlines are estimated and programs resources are not guaranteed ** This grant applies only if project is considered a demonstration EVE Monroe County Canal Management Master Plan Phase 1 Summary Report June 2012 Grant Application Checklist ; Many of the requirements for the above grant programs are similar, although each grant application has its own format and should be reviewed and completed on an individual basis. Grant application guidance for each program is available in Appendix D. The elements below are provided as a quick reference to assist with assembling multiple applications: ❑ Applicant Contact Information ❑ Project Location Details ❑ Type of Project ❑ Project Objective ❑ Project Synopsis ❑ Project Description ❑ Expected Project Benefits ❑ Project Work Plan ❑ Project Monitoring Plan ❑ Project Budget ❑ Amount Requested Information Necessary to Complete Applications ❑ Applicant Matching Amount ❑ Cooperating Partners/Match ❑ Benefits to Community ❑ Community Involvement ❑ Project Milestones ❑ Project Deliverables ❑ Project Team ❑ Required Forms ❑ Literature Cited ❑ Appendices The project information in the checklist above can be obtained largely from the information provided in the project descriptions provided in the preceding section. More detailed information such as project milestones and deliverables will need to be developed from the available project information, and specific formats vary by grant program. Detailed budget information will need to be provided using the individual grant applications. Information on the project team will also need to be assembled prior to submittal. Items that are included with this submittal can be utilized to provide the following checklist items: R1 Project Location Details R1 Type of Project R1 Project Objective R1 Project Synopsis R1 Project Description R1 Expected Project Benefits R1 Project Work Plan R1 Project Budget R1 Project Milestones Items that will need additional information to complete include the following: 0 Applicant Contact Information N Community Involvement 0 Project Deliverables N Project Team 0 Amount Requested N Project Monitoring Plan 0 Applicant Matching Amount N Required Forms 0 Cooperating Partners/Match 0 Literature Cited 0 Benefits to Community N Appendices IR Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 aillre,d The agency applying for the grant will need to determine the amount of matching funds and cooperating partners available for the project. Requirements for funding match range from 0% to 50%, and additional points may be awarded for providing more than the minimum amount. Community involvement and benefit is also generally encouraged and will need to be considered when completing the applications. Most applications require only conceptual plans and a reasonably well -developed budget. However, the TMDL grant program requires projects to be at the 60% design stage, permitted, and ready for construction. The projects described herein would need to be developed accordingly to meet the TMDL grant program requirements. Specific forms are required for many of the applications and they provide specific details about how the information must be formatted. Generally, however, the information requested is very similar among grant programs. Project Number: 2 Project Name: Cross Key Estates (Canal ID: 45) Project Type: Further data collection and design evaluation Description of Project Area Canal No. 45 is located within the Cross Key Estates neighborhood in Key Largo at Mile Marker 106. The canal is located within the halo zone Water Body Identification (WBID) 6006A. Halo Zone WBID 6006A is defined by the waters located within 500 meters of the shoreline of Key Largo. Impairments Addressed by the Project The December 2008 Reasonable Assurance Document (RAD) developed for the Northern Keys identified WBID 6006A as being impaired for nutrients (total nitrogen and total phosphorus). However, the December 2008 RAD demonstrated that the WBID should be classified as category 4b; indicating that the waterbody is impaired but that the implementation of a Total Maximum Daily Load (TMDL) is not required because it is expected that the waterbody will reach the water quality criteria based on management activities that have been undertaken. In the case of WBID 6006A, the management strategy anticipated to allow the waterbody to meet the water quality criteria is the implementation of advanced wastewater treatment throughout the watershed. An update to the RAD that was prepared in December 2011 demonstrated that the WBID is also impaired for dissolved oxygen (DO). The DO impairment was not assigned an anthropogenic cause, however, because water quality monitoring did not identify concentrations of total nitrogen, total phosphorous, or biochemical oxygen demand that exceeded water quality criteria. During the May 9t"7 2012 assessment, water in the canal displayed no visible flow and had a greenish tint indicating the presence of a phytoplankton bloom. Water quality was categorized as fair to poor based on DO concentrations measured just below the water surface and at 8 feet below the surface, which equaled 5.5 mg/L and 3.2 mg/L, respectively. The DO measurement collected at 8 feet below the water surface is below the FDEP standard (4.0 mg/L) for impaired we Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 aillre,d water bodies. The canal depth was noted to be greater than 20 feet. Weed wrack accumulation was not identified as a water quality issue in this canal system. However, organic material was noted in the sediment sample collected at the far end of the canal. Remedial Technology Evaluation The primary water quality management issues within this system were identified as (1) the need to reduce canal depth to eliminate the deeper stagnant portions of the water column (2) removal of accumulated organic sediments prior to backfilling; and (3) pumping to increase circulation. Removal of accumulated organic sediments and backfilling the canals to a low tide depth of 6 feet would help to improve water quality. Other potential restoration technologies for the ends of the finger canals would include enhanced water circulation through pumping. Backfilling was evaluated as the technology to reduce the canal depth. Any accumulated organics should be removed prior to backfilling. Cost estimation for removal of accumulated organics and backfilling for the Cross Key Estates canal system is based on an assumed uniform canal depth of 20 feet, backfilling to a depth of 6 feet and an assumed depth of accumulated organics of 3 feet over 1 /3 of the canal bottom. The organic muck is assumed to be non toxic. Backfill material will consist of A-3 classified material and or clean construction debris from approved contractors. Clean construction debris is currently unavailable; therefore a conservative cost estimate for backfill reflects only purchased backfill. Depending on when the backfilling recommendations are implemented potential future backfill maybe available from the Cudjoe Key wastewater treatment plant. Specific canal profile data and accumulated organics data are required for a more detailed cost estimate for this site. Due to the long length (820 meters) and large number of finger canals (10) in this canal system, additional technologies may be necessary to increase circulation in the most inland portions of the canals. Installation of pumps at the end of each finger canal was selected for a preliminary cost estimate. Further engineering evaluation is required to determine if this is the most effective design. Pumping costs would be approximately $50/month/finger canal assuming a desired flushing time of approximately 4 days. It may be necessary to install the pump on an existing dock or construct a pump mount to facilitate unobstructed water conveyance. A conceptual schematic of the evaluated technologies is included in Appendix C along with estimated costs for each technology. The costs were utilized to assist in final selection of a preferred alternative. Preferred Remedial Alternative No preferred alternative is presently offered for this canal system. Lack of engineering design data, uncertainty in the design assumptions, and high estimated costs are the basis for this decision. Description of Conceptual Schematic Utilized for Remedial Costing: Removal of accumulated organics within the yellow shaded area of the Cross Key Estates Conceptual Schematic figure (refer to Appendix C) will be performed via hydraulic dredge. 47 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 aillre,d Shaded region will be backfilled to a depth of 6 feet at low tide using sand fill and or if available clean construction debris. To increase circulation at the far ends of each finger canal, water could be circulated using a pump and 1 hp motor discharged through 4" PVC pipe. Assumptions for Conceptual Schematic: • Depth of accumulated organics: 3 feet over 1 /3 of canal bottom • The bottom of the canal is 20 feet below the surface of the water at low tide • The accumulated organics are non toxic and may be dewatered for transplant. Organics Removal Item # Units Approx Qty Item Unit Price Cost 1 LS 1.0 Removal of Organics- Mobilization $ 507000.00 $ 507000.00 2 CY 177037* Removal of Organics -Hydraulic Dredge $ 10.00 $1707370.00 3 CY 177037* Removal of Organics- Dewatering $ 13.00 $ 2217481.00 3 Ton 17610* Transportation and Disposal of Accumulated Organics $ 48.00 $777280.00 Subtotal $ 5197131.00 Contingency 20% $ 103, 826.00 Sub total $6229957.00 Construction Administration $ 417530.00 Final Design and Permitting $ 517913.00 Total TOTAL $ 7169400.00 Note: * preliminary estimate only — value needs field verification 48 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 Backfiling Item # Units Approx Qty Item Unit Pric Cost 1 Ton 3771614.5 Backfill $ 3.00 $171327844.00 2 Ton 3777 614.5 Trucking- Backf i I I $ 6.25 $27360, 091.00 4 DAY 486.5 Backhoe and Operator (B-66) $ 660.88 $ 321, 485.00 5 DAY 486.5 Barge rental and Operator (30'x901) $294.20 $ 1437114.00 6 DAY 486.5 Loader and Crew (B-3C) $ 2,796.00 $173607114.00 7 EA 5.0 Sediment Control (boom) 100 feet $ 3, 300.00 $ 16, 500.00 Subtotal $57334 7148. 00 Contingency 20% $17066, 830.00 Sub total $694009978.00 Construction Administration $ 1287020.00 Final Design and Permitting $ 160.024.00 Total TOTAL $696899022.00 Pumping to enhance circulation Item # Units Approx Qty Item Unit Price Cost 1 EA 10.0 Furnish and Install Seawater Pump $ 167047.00 $ 1607470.00 Subtotal $ 1607470.00 Contingency 20% $ 32, 094.00 Sub total $ 1929564.00 Construction Administration $ 107000.00 Final Design and Permitting $ 25, 000.00 Total TOTAL $ 2279564.00 ELI '�1 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 Assumptions for Cost Estimate: - Cost estimates for backfill will reflect only purchased backfill - Assuming specific weight of backfill 115lb/cf - Assumed pump efficiency of 62% - Pumps would be installed at available locations on seawalls or docks Benefits of Proposed Restoration Project '�1 The proposed restoration project consisting of the removal of the accumulated organics by hydraulic dredge in the selected areas, backfilling, and the implementation of circulation pumps will help to address the existing water quality impairments. The removal of the accumulated organics will increase the DO within the waterbody by reducing the sediment oxygen demand (SOD) imposed by the accumulated organics. Given the highly organic nature of the sediment within the waterbody, it is possible that the SOD could be as high as 20 g/m2/d (Davis 1950). Given the area of the waterbody of 44,000 m2 and an assumed natural SOD of approximately 5 g/m2/d7 it is estimated that a reduction in oxygen consumption of 6607000 g/d (1,455 Ib/d) could be realized from the hydraulic dredging activities. The implementation of circulation pumps will help the waterbody achieve improved levels of DO by providing greater exchange with nearshore waters. Each pump was sized so that a flushing time of 4 days would be realized in accordance with EPA recommendations (Boozer 1979). It is proposed that the increased flushing, a 170 percent increase above the existing flushing induced by tidal forces, will increase the water quality within the waterbody to approximate that of the nearshore waters. Grant Programs None proposed at this time Project Number: 3 Project Name: Marathon (Canal ID: 223) Project Type: Design, permitting, construction, construction management, and monitoring for weed gate system Description of Project Area Canal 223 is located on Vaca Key in the City of Marathon, Florida northwest of the Marathon County Airport at Mile Marker 51. The canal is located within the halo zone of Water Body Identification (WBID) 6011A. Halo Zone WBID 6011A is defined by the waters located within 500 meters of the shoreline of Vaca Key.6006A. 50 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 Impairments Addressed by the Project The December 2008 Reasonable Assurance Document (RAD) developed for the Northern Keys identified WBID 6011 A as being impaired for nutrients, in particular total nitrogen and total phosphorous. However, the December 2008 RAD demonstrated that the WBID should be classified as category 4b; indicating that the waterbody is impaired but that the implementation of a Total Maximum Daily Load (TMDL) is not required because it is expected that the waterbody will reach the water quality criteria based on management activities that have been undertaken. In the case of WBID 6011 A, the management strategy that is anticipated to allow the waterbody to meet water quality criteria is the implementation of advanced wastewater treatment throughout the watershed. An update to the RAD that was prepared in December 2011 demonstrates that the WBID is also impaired for dissolved oxygen (DO). The DO impairment was not assigned an anthropogenic cause, however, because water quality monitoring did not identify concentrations of total nitrogen, total phosphorous, or biochemical oxygen demand that exceeded water quality criteria. During the May 15, 2012 assessment, the canal water displayed no visible flow and was visually determined to be moderately clear with algae suspended in the water column. The DO measurements collected just below the water surface and at 6 feet below the water surface exhibited concentrations of 3.7 mg/L and 3.9 mg/L, respectively; which is below the FDEP standard for impaired water bodies of 4.0 mg/L. Aerial photographs show large weed wrack mats blanketing the northern part of the canal. The weed wrack is likely to accumulate in the canal system and sink to the bottom. There the accumulated organics will decay and utilize DO, potentially leading to anoxia and enhanced hydrogen sulfide production. The canal narrows as it continues south, and terminates in a large stagnant basin which adds to the restriction in natural flushing. The canal depth was noted to be approximately 8 feet. Remedial Technology Evaluation The primary water quality management issues for this canal system were identified as (1) prevention of additional weed wrack from entering the canal; and (2) pumping to enhance circulation. The relatively shallow canal depth of 8 feet makes it a poor candidate for backfilling. Based upon the shallow depth, it was also assumed that a large volume of accumulated organics was not present. However, field verification through bottom profiling and sediment characterization should be performed to verify this assumption. To keep additional organics (weed wrack) from entering the canal a physical weed wrack gate in conjunction with an air weed wrack gate would be added to the entrance of the canals. To increase circulation in the southern part of the canal, water should be pumped from near the entrance of the canal into the south end of the canal. It may be necessary to install the pump on an existing dock or construct a pump mount to facilitate unobstructed water conveyance from Florida Bay to the south portion of the canal. This pumping application was sized to provide improved circulation for the area south of the mangrove constriction. Post -installation monitoring would be helpful to assess the effectiveness of the implemented water quality treatment technology. 51 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 ame,d A conceptual schematic of the evaluated technologies is included in Appendix C along with estimated costs for each technology. The costs were utilized to assist in final selection of a preferred alternative. Preferred Remedial Alternative A weed wrack gate is proposed for this project which is intended to provide a barrier to prevent floating or suspended organic material (weed wrack) from entering and accumulating within the canal. The gate is designed to allow for navigational access during normal operation. Description of Conceptual Schematic: Two sections of physical weed wrack gate shall be constructed on both sides of the air weed wrack gate. The physical weed wrack gate on the NE side of the air gate will be approximately 80 feet in length and the physical weed wrack gate on the SW side of the air gate will be approximately 15 feet. Physical weed wrack gate sections will be comprised of wooded or aluminum pilings that will be placed approximately 10' on center. High- Strength Fiberglass Panels will be affixed to the pilings in order to block the flow of weed wrack. The fiberglass panels shall be oriented such that as mean sea level 2.5' of fiberglass remains above the water and 2.5' of fiberglass remains below the water. Plastic netting shall be affixed to both sides of the fiberglass and offer extended weed wrack guarding above and below the limits of the fiberglass. flastkc Netting... Mean Sea Level Fiberglass Panels 52 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 Pl3stir, Netting Fgl:3ss Mean Sep Level '�1 The gap between the ends of the physical weed wrack gate shall contain a 30' air weed wrack gate. Coarse bubble diffusers will be spaced at an interval of 1.5 feet. The universal diffuser mounts will be used to affix the coarse bubble diffusers to the air weed wrack gate lateral. The air weed wrack gate lateral line will rest approximately 1 foot above the bottom surface to allow for maximum boating clearance. A 36 URAI pump in conjunction with a 5hp motor will provide air through 3" PVC pipe to the air weed wrack gate. Calculations for determining the pump specifications were based on an assumed diffuser depth of 7' which is 1' above the given depth of the canal bottom. This estimate is subject to change based on detailed design. Marathon 223 Preferred Alternative Cost Estimate Physical and Air Weed Wrack Gate Item # Units Approx Qty Item Unit Price Cost 1 EA 1.0 Furnish and Install Physical/ Air Weed Wrack Gate $ 427747.00 $ 427747.00 Subtotal $ 427747.00 Contingency 20% $ 87549.00 Sub total $ 519296.00 Construction Administration $ 87000.00 Final Design and Permitting $ 157000.00 Total TOTAL $ 749296.00 53 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 Assumptions for Cost Estimate: -Assumed Motor efficiency of 85% '�1 Monthly costs for the air weed wrack gate are approximately $220/month assuming diffuser discharge depth of 7 feet. Benefits of Proposed Restoration Project The proposed restoration project consists of the construction of a weed wrack gate to help address the existing water quality impairments. The proposed weed wrack gate addresses the DO impairment in a two -fold manner: by preventing the accumulation of organic material in the benthic zone of the waterbody; and by helping to aerate incoming and outgoing water. Grant Programs The project identified above is expected to have a positive effect on water quality within the canal and surrounding areas. Traditionally, water quality and habitat restoration efforts have focused on restoration of natural ecosystems impacted by human activity. Grant programs are typically geared toward these types of projects. For this reason, it will be critical to emphasize that projects aimed at water quality improvements within Keys canal systems are likely to provide equally significant improvements to the overall marine environment. The following grant opportunities have been identified as potential funding sources for this project: Required Project � Required Grant Program Agency Deadline* Minimum Objective ective Project Match Stage g Section 319 EPA/FDE P May2013 y' 40% Reduce Non- Conceptual p point pollution TMDL EPA/FDE Mar/Jul/ 50% Reduce Non- 60% Design / P Nov point pollution Permitted 2012/2013 South Florida USFWS April, ril 2013 0% required Habitat Conceptual p Coastal Program Restoration encouraged) Community- TNC / April, ril 2013 50% Habitat Conceptual p Based Matching NOAA Restoration Grants Program National Coastal Habitat Wetlands USFWS June, 2013 50% Restoration Conceptual Conservation Grant Program 54 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 Required Project � Required Grant Program Agency Deadline* Minimum Objective ective Project Match Stage g Urban Waters EPA January, $2 500 Water Quality Conceptual p Small Grants** 2013 Improvement Notes: * 2013 deadlines are estimated and programs resources are not guaranteed ** This grant applies only if project is considered a demonstration Grant Application Checklist Many of the requirements for the above grant programs are similar, although each grant application has its own format and should be reviewed and completed on an individual basis. Grant application guidance for each program is available in Appendix D. The elements below are provided as a quick reference to assist with assembling multiple applications: ❑ Applicant Contact Information ❑ Project Location Details ❑ Type of Project ❑ Project Objective ❑ Project Synopsis ❑ Project Description ❑ Expected Project Benefits ❑ Project Work Plan ❑ Project Monitoring Plan ❑ Project Budget ❑ Amount Requested Information Necessary to Complete Applications ❑ Applicant Matching Amount ❑ Cooperating Partners/Match ❑ Benefits to Community ❑ Community Involvement ❑ Project Milestones ❑ Project Deliverables ❑ Project Team ❑ Required Forms ❑ Literature Cited ❑ Appendices The project information in the checklist can be obtained largely from the information provided in the project descriptions provided in the preceding section. More detailed information such as project milestones and deliverables will need to be developed from the available project information. Specific budget information will need to be provided using the individual grant formats. Information on the project team will also need to be assembled prior to submittal. Items that are included with this submittal can be utilized to provide the following checklist items: R1 Project Location Details R1 Type of Project R1 Project Objective R1 Project Synopsis R1 Project Description R1 Expected Project Benefits R1 Project Work Plan 55 R1 Project Budget R1 Project Milestones Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 Items that will need additional information to complete include the following: 0 Applicant Contact Information 0 Project Deliverables 0 Amount Requested 0 Applicant Matching Amount 0 Cooperating Partners/Match 0 Benefits to Community 0 Community Involvement 0 Project Team 0 Project Monitoring Plan 0 Required Forms 0 Literature Cited 0 Appendices '�1 The agency applying for the grant will need to determine the amount of matching funds and cooperating partners available for the project. Requirements for funding match range from 0% to 50%, and additional points may be awarded for providing more than the minimum amount. Community involvement and benefit is also generally encouraged and will need to be considered when completing the applications. Most applications require only conceptual plans and a reasonably well -developed budget. However, the TMDL grant program requires projects to be at the 60% design stage, permitted, and ready for construction. The projects described herein would need to be developed accordingly to meet the TMDL grant program requirements. Specific forms are required for many of the applications and they provide specific details about how the information must be formatted. Generally, however, the information requested is very similar among grant programs. References Cited Davis, W.S. 1950. Brief History of Sediment Oxygen Demand Investigations; in Hatcher, K.J. Sediment Oxygen Demand. Institute of Natural Resources, University of Georgia. Athens, Georgia. Boozer, A. C. 1979. A Review of the Impacts of Coastal Marina Siting, Construction, and Activities as Related to Water Quality Considerations, Publication No. 001-79, South Carolina Department of Health and Environmental Control, Bureau of Field and Analytical Services, Division of Biological and Special Services, Columbia, SC. 56 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 Task 6. Adaptive management process Background The objective of the task is to identify the steps that can be used to periodically assess the effectiveness of the restoration and management actions, measure progress toward goals, report that progress to stakeholders and funding entities, and (when necessary) redirect efforts in more productive directions. Because of the short timeline available for Phase 1 of this project, the purpose of Task 6 is to provide a preliminary description of the adaptive management process in condensed form. It is assumed that a more comprehensive summary, appropriate for inclusion in a Keys -wide master plan, will be developed in Phase 2 of the project if funding becomes available. A key role of adaptive management is to provide resource managers, administrators and stakeholders a logical framework in which technical information can be collected and used to guide management actions. The purpose is to target the use of limited resources in ways that ensure program effectiveness (NRC 2011). Adaptive management also seeks to improve coordination between strategy and operations, and ensure that scientific and engineering information is well -coordinated with decision -making and decision -support activities. EPA (2008) describes it as a "cycle of active strategy development, planning, implementation, and evaluation" that allows an entire resource management program to "learn and change based on the outputs of the adaptive management process". The U.S. Department of Interior and Department of Commerce (DOI and DOC 2009), in a report providing recommendations on steps that could be taken to improve the Chesapeake Bay management effort, have summarized the process as follows: • Define Programmatic Goals • Plan and Prioritize — Management strategies and actions will need to be planned and prioritized to meet the adopted goals. Monitoring should begin prior to implementation or enhancement of management actions so baseline conditions are documented. • Implement — Policies and actions are implemented through coordinated partner efforts that effectively align resources. • Monitor -- Monitoring is critical to document changes in ecological conditions, tracking of management actions, and progress toward performance measures. • Evaluate — Indicators are used to synthesize monitoring data and assess changes in ecological and socioeconomic elements. Evaluation includes assessing effectiveness of management actions to achieve desired outcomes, adequacy of supporting science (models, monitoring, and research) to predict and detect ecosystem change, and partnership capacity to implement programs and actions. • Adjust — Based on the outcomes of the evaluate step, both short- and long-term adjustments may need to be for management actions and partnership performance. 57 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 aillre,d Short-term adjustments (1 year or less) may be made to management actions or strategies or partnership capacity to implement programs. Longer -term adjustments (1 year or more) may include modifying goals and management strategies and adjusting long-term monitoring programs. The recommended process is summarized graphically in Figure 6.1. Refine goals aad flidica tors 000beconcm7 .c performance GOALS F ADJUST PLAN and PRIORITIZE tI a le y s Actions Fra dices a sciallce 40 Prioritize 10.r7tang Locations #qn parin er EVALUATE IMPLEMENT Acftons Coordinate partner Ecosystem change actrvrties and resources science for sufficient QaaHedy and am afl o f T Actions Ecosystem change Partnership peoanr' Figure 6.1. Adaptive management framework. (Source: DOI and DOC 2009) For an ecosystem -scale program, DOI and DOC (2009) also note that the adaptive management framework will depend on supporting science and engineering elements, including: 58 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 aillre,d • Observations and monitoring — provide the raw data that form the basis for all other science elements and adaptive management. Monitoring and observations are needed to define the status of ecosystem integrity, prepare models to forecast ecological conditions and test management scenarios, and document changes in management actions and ecosystem condition. • Information management — ensures that the observations and monitoring data are of sufficient quality to be used for all the science applications, are accessible in databases to ensure long-term integrity, and systems are in place to provide rapid access to and application of the information. • Assessment and research — monitoring data are assessed to define the extent of problems and track changes over time. Research is conducted to understand and explain the ecological conditions, examine the effectiveness of potential solutions, and develop models to test hypotheses and forecast outcomes of different management and socioeconomic scenarios. • Indicators — selection of a full suite of variables to that can be measured and analyzed is crucial so scientists, engineers and managers can track ecological, socioeconomic and institutional trends and compare them to the objectives. The development of a clear set of measurable indicators and benchmarks allows tracking of restoration progress and the ability to report back to the public. • Communication Process — provides the assessment and synthesis of scientific information to improve decision making for federal and state managers and policy makers, local governments and land -use planners, elected officials, and the general public. Products for Federal and state resource managers would be focused on helping them adjust management policies and actions based on an improved understanding of the ecosystem and effectiveness of management actions. Products for local governments and land -use planners would provide implications for a balance between economic growth and a sustainable ecosystem. Products for the general public would help them understand how their economic and social decisions affect, and derive benefit from, ecosystem goods and services. Products for elected officials would provide implications of how laws, policies, and budget decisions affect sustainability and ecosystem conditions. • Decision support tools — improved decision -making will depend on delivering the information to each audience in a timely and user-friendly fashion. Potential Application to the CMMP The CMMP will obviously be carried out on a much smaller scale, and with substantially fewer resources, than the ecosystem -level management program described and evaluated by DOI and DOC (2009). However, the adaptive management approach shown in Fig. 1 can be used to guide CMMP development and implementation. This could be done by including the following components as explicit elements of the CMMP: 59 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 1. Define Programmatic Issues and Goals Phase 1 of CMMP development has identified a preliminary set of priority management issues and goals: o Issue 1. Water quality — Eutrophication and DO -Related Issues Goal: Restore and maintain water quality conditions in canal systems to levels that are consistent with the State's current water quality criteria for Class III waters, whose designated uses include human recreation as well as the propagation and maintenance of a healthy, well-balanced population of fish and wildlife. o Issue 2. Water quality — Organic Matter (e.g., Weed Wrack) Goal: In canal systems whose location make them susceptible to receiving large inputs of seagrass leaves and other `weed wrack' from nearshore waters, install cost-effective barriers to prevent or substantially reduce those inputs to levels that do not contribute to eutrophication, hypoxia, or other water and sediment quality issues within the canals. o Issue 3. Sediment quality Goal: Reduce the incidence of anoxia, problematic sulfide levels and sediment toxicity in canals where these issues are present, and prevent these issues from developing in canal systems where they are not yet present. o Issue 4. Habitat quality Goal: Protect aquatic and benthic canal habitats that currently support native flora and fauna, and improve water and sediment quality in other areas to levels that are capable of supporting them. o Issue 5. Public Involvement in the Canal Management Process Goal: Create and maintain a constituency of informed, involved citizens who understand the environmental and economic issues involved in managing manmade canal systems These can be used to guide management actions for the remainder of Phase 1. If funding becomes available, they can be fleshed out and further refined in Phase 2 of the program. 2. Plan and Prioritize An initial list of potential project sites and site -specific restoration concepts were developed using the information collated and evaluated in Task 1 of this project, as well as site visits that included visual inspections of canals and spot -collection of depth information and hydrographic (e.g., DO, water temperature, pH, and conductivity) data. Two groups of canals were selected for site visits: Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 ame,d o Canals in subdivisions that were identified as water quality problem areas by a working group convened by the South Florida Water Management District (SFWMD) in 1996; and o Canals known to have moderate to severe water quality problems associated with weed wrack. In the subdivisions identified as water quality problem areas by the 19996 SFWMD working group, canals likely to have the most serious water quality problems, due to poor designs that limit circulation and flushing, were identified by examining aerial photographs and information from the project geodatabase. A site visit was then performed to confirm that the most problematic canals within each subdivision had been identified. To identify canals with potential weed wrack issues, high -resolution aerial photographs taken during the winter of 2006 were examined to identify those with significant organic flotsam coverage at the water surface. The two groups of canal systems that were evaluated using site visits are summarized in the Task 4 summary above, in Tables 4.1 and 4.2. Those canals were then evaluated and prioritized using the criteria described in Task 4 and Task 5. The criteria were used in Task 5 to develop an initial short-list of project sites and restoration activities for which implementation funds may be sought during the next few years. 3. Implement The operational elements of the CMMP will be guided by the leadership and direction of the members of the WQPP Steering Committee and its Canal Subcommittee, which include the following partners: • U.S. EPA • U.S. National Park Service • U.S. Fish and Wildlife Service • U.S. Army Corps of Engineers • National Oceanic and Atmospheric Administration • Florida Department of Environmental Protection • South Florida Water Management District • Florida Keys Aqueduct Authority • Florida Department of Health • Three individuals in local government in the Florida Keys • Three citizens knowledgeable about the WQPP In order to implement the CMMP, the state and federal agencies represented on the WQPP and the Canal Subcommittee will need to work cooperatively with the local governments and homeowner associations who will be the lead entities carrying out canal restoration and management activities. The results of those activities can then be evaluated by the Steering Committee and Canal Subcommittee, and the program's goals, objectives, strategies and operational procedures adjusted, using the steps outlined below. 61 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 4. Monitor As noted by DOI and DOC (2009), monitoring is critical to document changes in environmental conditions and tracking of management actions and progress toward goals. Currently, it appears that no monitoring programs are in place to track changes in water, sediment or habitat quality within canal systems in the Florida Keys. Baseline bathymetric information also appears to be unavailable for most canals. For Phase 1 of the CMMP, a GIS-based database developed through a companion project, and the very basic field work that was done as part of Task 4 of this project, have been the primary sources of available information. If Phase 2 of the CMMP is funded, the development of a more robust monitoring program should be one of its primary work elements. 5. Evaluate Evaluation includes assessing the effectiveness of management actions to achieve desired outcomes, adequacy of available information to detect changes in the managed resources, and the capacity of the management program and its partners to implement programs and actions. If Phase 2 of the CMMP receives funding, the development of a defined evaluation process should be one of its work elements. Formal evaluations using that process could then be performed periodically (e.g., every three to five years) by the Canal Subcommittee, with the results reported to the WQPP Steering Committee to provide regular updates to administrators and stakeholders on the effectiveness of the canal management program. 6. Adjust As noted by DOI and DOC (2009), the outcomes of the evaluation step can be used to develop short- and long-term adjustments for management actions and partnership performance. Short-term adjustments may be made to management actions or strategies or partnership capacity to implement projects. Longer -term adjustments may include modifying goals and management strategies and adjusting long-term monitoring programs. As with the monitoring and evaluation steps, if Phase 2 of the CMMP is funded, the development of a defined adjustment process that will be applied to the canal management process should be included as one of its work elements. 62 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 References Cited DOI (U.S. Department of the Interior) and DOC (U.S. Department of Commerce). 2009. Strengthening Science and Decision Support for Ecosystem Management in the Chesapeake Bay and its Watershed. A Revised Report Fulfilling Section 202f of Executive Order 13508. DOI and DOC. Washington, DC. 58 pp. EPA (U.S. Environmental Protection Agency). 2008. Strengthening the Management, Coordination, and Accountability of the Chesapeake Bay Program. EPA, Annapolis, MD. 122 pp. NRC (National Research Council). 2011. Achieving Nutrient and Sediment Reduction Goals in the Chesapeake Bay: An Evaluation of Program Strategies and Implementation. National Academies Press, Washington, DC. 241 pp. 63 Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 APPENDIX A Task 5 Score Sheets •" Task 5 Priority Canal Ranking GIS Canal Potential Restoration Overall Score from WWT Subdivision Name Number Technologies Task 5 present Rank Primany Weed wrack Wynken, Blynken and loading prevention; 78 45.3 Nod secondary treatment backfilling yes 1 Backfilling and/or Pumping Cross Key Estates 45 41.6 to increase circulation yes 2 Weed wrack Loading Marathon 223 Prevention primary 39 technology. yes 3 Culvert Maintenance (plus Bay Point 433 evaluation of adequate 37.8 culvert size) yes 4 Little Venice 200 Circulation pump 35.6 yes 5 Gulfrest Park 437 Circulation pump 32 yes 6 Increase in circulation by pumping or culvert. Depth Boot Key Harbor 243 information will be 32 required to evaluate if backfilling is appropriate. yes 7 Little Venice 196 Backfilling 30.1 8 yes Circulation pump Key Haven 471 (reduction in stormwater 26.8 loading is appropriate) yes 9 Lake Surprise -Sexton 24 Culvert to Lake Surprise 26.7 Cove Yes 10 Hammer Point 93 Backfilling 25.8 yes 11 Scoring criteria for potential restoration sites Area Name Bay Point Canal Number 433 (For a criterion that cannot be scored due to a lack of relevant information, a value of zero will be assigned) Potential Restoration Culvert Maintenance (plus evaluation of Technologies adequate culvert size) 1) Severity of problem (scored from 0 to +10) Score 5 Comments DO was measured as < 4 mg/L > 2 mg/L. Existing culvert on north end is blocked. Scoring is based upon whether the problem (which may involve water, sediment or habitat quality) is considered nuisance or serious, with values for nuisance problems or issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10. 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 5 Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects that Comments Efficiency of existing culvert once would have deleterious effects within the project canal. maintained should be evaluated to further assess the effectiveness 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score -2 Increasing flow through the canal could Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for Comments result in short term increased discharges of water from within the canal of poorer projects that would have deleterious effects within the halo or nearshore zone. WQ than the nearshore zone 4) Public benefit (scored from -10 to +10) Score 4.8 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Analogous Comments negative scores (0 to -10) can be applied for projects that would have negative effects on users. 76 lots would incur benefit. 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 to +10, with Comments Funding to be evaluated after ranking -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10 Score 10 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments Yes, this subdivision has WWT scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 7 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring Comments ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed information that is currently available or could be obtained quickly and at minimal cost. 30% plans can be prepared with existing data. No survey data or as-builts plans are available. 8) Project "implementability" (scored from 0-10) Score 8 This criterion accounts for factors such as cost, complexity of permitting issues, mitigation requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in implementation and 10 indicating relative ease of implementation. Comments Currently there is land access in a vacant lot for maintenance equipment; however, mangroves have colonized the culvert area and will require pruning. Score 37.8 Overall Score Comments Scoring criteria for potential restoration sites Area Name Boot Key Harbor Canal Number 243 Potential Restoration Increase in circulation by pumping or culvert. Depth information will be (For a criterion that cannot be scored due to a lack of relevant information, a value of zero will be assigned) Technologies required to evaluate if backfilling is appropriate. 1) Severity of problem (scored from 0 to +10) Score 5 Scoring is based upon whether the problem (which may involve water, sediment or DO was < 4 mg/L but > 2 mg/L. Sediment habitat quality) is considered nuisance or serious, with values for nuisance problems or Comments sample could not collected. No odors or issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10. Weed wrack problems reported. Very significant algae problem. 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 5 Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects that Comments Width of canal system and low energy at the canal mouth will limit effectiveness of would have deleterious effects within the project canal. pumping. Closet location for a culvert is not the best location hydrologically. 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score -2 Increasing flow through the canal could Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for Comments result in short term increased discharges of water from within the canal of poorer projects that would have deleterious effects within the halo or nearshore zone. WQ than the nearshore zone 4) Public benefit (scored from -10 to +10) Score 10 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Analogous Comments negative scores (0 to -10) can be applied for projects that would have negative effects on users. A score of 10 was given due to heavy recreational use. 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 to +10, Comments Funding to be evaluated after ranking with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Score 10 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. Yes, WWT Present. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 3 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed Comments 30%plans can be prepared with existing data for pumping of improved circulation. information that is currently available or could be obtained quickly and at minimal cost. Insufficient data is available to evaluate backfilling feasibility. 8) Project "implementability" (scored from 0-10) Score 1 Multiple pumps will be needed and will This criterion accounts for factors such as cost, complexity of permitting issues, mitigation increase costs. Culvert installation is requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in implementation Comments under US #1 and the distance to the adjacent canal to provide flow through is and 10 indicating relative ease of implementation. at quite a distance and will require extensive access coordination and difficulty in construction. Overall Score Score 32 Comments Scoring criteria for potential restoration sites Area Name Cross Key Estates Canal Number 45 (For a criterion that cannot be scored due to a lack of relevant information, a value of zero will be assigned) Potential Restoration Technologies Backfilling and/or Pumping to increase circulation 1) Severity of problem (scored from 0 to +10) Score 5 Scoring is based upon whether the problem (which may involve water, sediment or habitat quality) is considered nuisance or serious, with values for nuisance problems or Comments issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10 DO < 4 mg/L but > 2 mg/L 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 7 This is a long deep canal (-20 feet) which Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to has good fish population with the deeper +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects Comments zone and far ends of the canal only showing water quality impacts. Length g q Y � p g that would have deleterious effects within the project canal. and shape of the canal will limit effectiveness. 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score 0 Backfilling would improve the water Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for Comments quality discharging to the nearshore zone. Circulation pump could negatively projects that would have deleterious effects within the halo or nearshore zone. impact the WQ in the nearshore zone for a short time interval. 4) Public benefit (scored from -10 to +10) Score 8.6 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Comments Analogous negative scores (0 to -10) can be applied for projects that would have negative effects on users. 243 parcels will incur benefit 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 to Comments Funding to be evaluated after ranking +10, with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Score 10 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. Yes, WWT. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 3 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed Comments 30% plans can be prepared with existing data for pumping of improved information that is currently available or could be obtained quickly and at minimal cost. circulation. Insufficient data is available to evaluate backfilling feasibility. 8) Project "implementability" (scored from 0-10) Score 8 This criterion accounts for factors such as cost, complexity of permitting issues, mitigation requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in Comments implementation and 10 indicating relative ease of implementation. No major apparent issues Overall Score Score 41.6 Comments Scoring criteria for potential restoration sites Area Name Gulfrest Park Canal Number 437 (For a criterion that cannot be scored due to a lack of relevant information, a value of zero will be assigned) Potential Restoration Technologies Circulation pump 1) Severity of problem (scored from 0 to +10) Score 5 DO was measured as > 4 mg/L but > 2 Scoring is based upon whether the problem (which may involve water, sediment or habitat quality) is considered nuisance or serious, with values for nuisance problems or Comments mg/L) at 6 foot depth (- bottom of issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10 canal). 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 3 Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects that would have deleterious effects within the project canal. Comments Low energy at mouth will limit effectiveness of pump circulation 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score -2 Increasing flow through the canal could Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for Comments result in short term increased discharges of water from within the canal of poorer projects that would have deleterious effects within the halo or nearshore zone. WQthan the nearshore zone 4) Public benefit (scored from -10 to +10) Score 6 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Comments Analogous negative scores (0 to -10) can be applied for projects that would have negative effects on users. 108 lots would incur benefit. 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 to Comments Funding to be evaluated after ranking +10, with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Score 10 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. Yes, WWT. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 3 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring Comments ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed information that is currently available or could be obtained quickly and at minimal cost. Insufficient data is available for 30% plans for circulation pumping. 8) Project "implementability" (scored from 0-10) Score 7 This criterion accounts for factors such as cost, complexity of permitting issues, mitigation requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in implementation and 10 indicating relative ease of implementation. Comments Currently there is land access to install a pump; may need to install electric, no apparent permitting issues Score 32.0 Overall Score Comments Weed wrack loading does not appear to be an issue in this canal Scoring criteria for potential restoration sites Area Name Hammer Point Canal Number 93 Potential Restoration Technologies Bacl<filling (For a criterion that cannot be scored due to a lack of relevant information, a value of zero will be assigned) 1) Severity of problem (scored from 0 to +10) Score 0 Scoring is based upon whether the problem (which may involve water, sediment or habitat quality) is considered nuisance or serious, with values for nuisance problems or Comments DO was > 4.0 mg/L issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 2 Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects Comments Due to relatively high existing DO little improvement is anticipated. that would have deleterious effects within the project canal. 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score 2 Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for Comments Backfilling should improve water quality discharging to the nearshore zone. projects that would have deleterious effects within the halo or nearshore zone. 4) Public benefit (scored from -10 to +10) Score 1.8 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Comments 30 parcels will incur benefit Analogous negative scores (0 to -10) can be applied for projects that would have negative effects on users. 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 to Comments Funding to be evaluated after ranking +10, with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Score 10 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. Yes, WWT. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 3 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring Comments ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed information that is currently available or could be obtained quickly and at minimal cost. Insufficient data is available to evaluate backfilling feasibility. 8) Project "implementability" (scored from 0-10) Score 7 This criterion accounts for factors such as cost, complexity of permitting issues, mitigation requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in Comments No permitting issues but backfill would have to be barged in from Florida Bay. implementation and 10 indicating relative ease of implementation. Score 25.8 Overall Score Comments The canal system currently displays fair to ood water quality. Scoring criteria for potential restoration sites Area Name Key Haven Canal Number 471 (For a criterion that cannot be scored due to a lack of relevant information, a value of zero will be assigned) Potential Restoration Technologies Circulation pump (reduction in stormwater loading is appropriate) 1) Severity of problem (scored from 0 to +10) Score 5 Scoring is based upon whether the problem (which may involve water, sediment or habitat quality) is considered nuisance or serious, with values for nuisance problems or issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10 Comments DO was < 4 mg/L but > 2 mg/L. Minor sea weed loading issue. Organic muck present in bottom sediments which ddid not have an odor. Poor ciculation is major cause of poor water quality. 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 7 Long canal length and irregular shape is Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects that Comments limiting circulation. An increase in h circulation through pumping will assist in would have deleterious effects within the project canal. removing stormwater loading; high energy at mouth will assist in flushing. 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score -2 Increasing flow through the canal could Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for Comments result in short term increased discharges of water from within the canal of poorer projects that would have deleterious effects within the halo or nearshore zone. WQ than the nearshore zone 4) Public benefit (scored from -10 to +10) Score 7.8 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Analogous Comments negative scores (0 to -10) can be applied for projects that would have negative effects on users. 188 parcels will incur benefit 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 to +10, Comments Funding to be evaluated after ranking with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Score 0 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. Yes, WWT. Stormwater pipes discharge into this canal. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 7 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring Comments ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed information that is currently available or could be obtained quickly and at minimal cost. 30% plans can be prepared with existing data. No survey data or as-builts plans are available. 8) Project "implementability" (scored from 0-10) Score 2 Multiple pumps are likely to be required This criterion accounts for factors such as cost, complexity of permitting issues, mitigation due to numerous stormwater pipe requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in implementation Comments outfalls into the different fingers of the canal system. Access for multple pumps and 10 indicating relative ease of implementation. will be difficult due to density of homes; electric likely required. no apparent permitting issues. Overall Score Score 26.8 Comments Scoring criteria for potential restoration sites Area Name Lake Surprise - Sexton Cove Canal Number 24 (For a criterion that cannot be scored due to a lack of relevant information, a value of zero will be assigned) Potential Restoration Technologies Culvert to Lake Surprise 1) Severity of problem (scored from 0 to +10) Score 0 Scoring is based upon whether the problem (which may involve water, sediment or habitat quality) is considered nuisance or serious, with values for nuisance problems or Comments issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10 DO above > 4 mg/L at the furthest point of the canal. 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 4 Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects that would have deleterious effects within the project canal. Comments Culvert cannot be located at the best location to increase flushing 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score -2 Increasing flow through the canal could Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for Comments result in short term increased discharges of water from within the canal of poorer projects that would have deleterious effects within the halo or nearshore zone. WQthan the nearshore zone 4) Public benefit (scored from -10 to +10) Score 7.7 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Comments Analogous negative scores (0 to -10) can be applied for projects that would have negative effects on users. 187 parcel lots would incur benefit 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 to Comments Funding to be evaluated after ranking +10, with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Score 10 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. Yes, WWT. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 7 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring Comments ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed 30% plans can be prepared with existing information that is currently available or could be obtained quickly and at minimal cost. data. No survey data or as-builts plans are available. 8) Project "implementability" (scored from 0-10) Score 0 This criterion accounts for factors such as cost, complexity of permitting issues, mitigation requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in implementation and 10 indicating relative ease of implementation. Comments Extensive mangrove and seabed areas would have to be disrupted to get the culvert out to the main channel Score 26.7 Overall Score Water quality appeared fairly good so Comments that the improvement would be mininal and the environmental impact of installing the culvert would be significant. Scoring criteria for potential restoration sites Area Name Little Venice Canal Number 196 (For a criterion that cannot be scored due to a lack of relevant information, a value of zero will be assigned) Potential Restoration Technologies Backfilling 1) Severity of problem (scored from 0 to +10) Score 2 The canal was observed to be deep; Scoring is based upon whether the problem (which may involve water, sediment or however, the canal displayed good flow habitat quality) is considered nuisance or serious, with values for nuisance problems or Comments and DO concentrations above the FDEP issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10 standard for impaired waters of 4.0 mg/L. 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 2 Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects Comments Backfilling would improve the conditions of the sediment that would have deleterious effects within the project canal. 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score 2 Comments Backfilling would improve the water quality discharging to the nearshore zone. Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for projects that would have deleterious effects within the halo or nearshore zone. 4) Public benefit (scored from -10 to +10) Score 4.1 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Comments 61 lots on canal Analogous negative scores (0 to -10) can be applied for projects that would have negative effects on users. 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 Comments Funding to be evaluated after ranking to +10, with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Score 10 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. Yes, WWT. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 3 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring Comments ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed information that is currently available or could be obtained quickly and at minimal cost. Insufficient data is available to evaluate backfilling feasibility. 8) Project "implementability" (scored from 0-10) Score 7 Access to the canal will not be difficult This criterion accounts for factors such as cost, complexity of permitting issues, mitigation requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in Comments and there were no observed environmental permitting issues noted implementation and 10 indicating relative ease of implementation. during the assessment Score 30.1 Overall Score Comments Canal 196 displayed good water quality Scoring criteria for potential restoration sites Area Name Little Venice Canal Number 200 (For a criterion that cannot be scored due to a lack of relevant information, a value of zero will be assigned) Potential Restoration Technologies Circulation pump 1) Severity of problem (scored from 0 to +10) Score 5 The canal was observed to be 8 feet Scoring is based upon whether the problem (which may involve water, sediment or deep; displayed low DO (< 4.0 > 2.0 habitat quality) is considered nuisance or serious, with values for nuisance problems or Comments mg/L), and although the water flows issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10 under the roadway the flushing appears restricted. 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 5 Comments increase in circulation will help improve water quality; however, the low energy at the mouth will limit effectiveness Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects that would have deleterious effects within the project canal. 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score -2 Increasing flow through the canal could Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for Comments result in short term increased discharges of water from within the canal of poorer projects that would have deleterious effects within the halo or nearshore zone. WQthan the nearshore zone 4) Public benefit (scored from -10 to +10) Score 3.6 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Comments 53 lots on the canal system would incur benefit with improvement Analogous negative scores (0 to -10) can be applied for projects that would have negative effects on users. 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 Comments Funding to be evaluated after ranking to +10, with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Score 10 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. Yes, WWT. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 7 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring Comments ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed information that is currently available or could be obtained quickly and at minimal cost. 30% plans can be prepared with existing data. 8) Project "implementability" (scored from 0-10) Score 7 No observed environmental permitting This criterion accounts for factors such as cost, complexity of permitting issues, mitigation requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in Comments issues noted during the assessment; site access for a pump appears available but implementation and 10 indicating relative ease of implementation. will have to be confirmed Score 35.6 Overall Score The energy at the mouth is the Comments controlling factor for the circulation in this canal Scoring criteria for potential restoration sites Area Name Marathon Canal Number 223 (For a criterion that cannot be scored due to a lack of relevant information, a value of zero ned will be assigned) ) Potential Restoration Technologies Weed wrack Loading Prevention primary technology. 1) Severity of problem (scored from 0 to +10) Score 10 DO was < 4 mg/L but > 2 mg/L. Significant Scoring is based upon whether the problem (which may involve water, sediment or habitat quality) is considered nuisance or serious, with values for nuisance problems or Comments Weed wrack loading issue. organic muck issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10 present in bottom sediments which had hydrogen sulfide odor. 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 6 Preventing weed wrack from entering the Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to canal will improve water quality. Narrow +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects that Comments middle section will prevent rapid flushing after loading reduction. Addition of a would have deleterious effects within the project canal. circulation pump may be needed. Evaluation of organic muck thickness and additional remedial benefit of its removal needs to be performed. 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score 0 Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for projects that would have deleterious effects within the halo or nearshore zone. Comments weed wrack prevention would have no effect on nearshore zone. 4) Public benefit (scored from -10 to +10) Score 0 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Comments Analogous negative scores (0 to -10) can be applied for projects that would have negative effects on users. 17 parcels will incur benefit. 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 to +10, Comments Funding to be evaluated after ranking with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Score 10 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments Yes, WWT. scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 7 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring Comments ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed information that is currently available or could be obtained quickly and at minimal cost. 30% plans can be prepared for weed curtain with existing data. No survey data or as-builts plans are available. 8) Project "implementability" (scored from 0-10) Score 6 This criterion accounts for factors such as cost, complexity of permitting issues, mitigation requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in implementation and 10 indicating relative ease of implementation. Comments Wide canal width, presence of mangroves on one side of mouth, and site access for equipment are all issues. Score 39.0 Overall Score Comments This canal has a restrictive narrow middle section that will limit natural flushing Scoring criteria for potential restoration sites Area Name Wynken, Blynken and Nod Canal Number 78 (For a criterion that cannot be scored due to a lack of relevant information, a value of ned zero will be assigned) ) Potential Restoration Technologies Primany Weed wrack loading prevention; secondary treatment backfilling 1) Severity of problem (scored from 0 to +10) Score 7 DO was < 4 mg/L but > 2 mg/L at 1 and Scoring is based upon whether the problem (which may involve water, sediment or 11 feet below water (canal depth is 22 habitat quality) is considered nuisance or serious, with values for nuisance problems or Comments feet). Weed wrack gets trapped at the issues ranging from 0 to 5 and values for serious problems or issues ranging from 6 to 10 end of the canals due to poor circulation related to 90 degree bends, collects garbage, and has an odor. 2) Potential to provide improvement and/or protection in water, sediment or habitat quality within the project canal (scored from -10 to +10) Score 7 Scoring values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, for improvement and/or protection within the project canal. Analogous negative scores (0 to -10) can be applied for projects that would have deleterious effects within the project canal. Comments Preventing Weed wrack from getting into the canal will greatly improve the water quality 3) Potential to provide improvement and/or protection in water, sediment or habitat quality within the halo or nearshore zone (scored from -10 to +10) Score 2 Weed wrack loading prevention would Values from 0 to +5 represent low to moderate potential, while values from +6 to +10 represent above -average to high potential, to provide improvement and/or protection in the halo or nearshore zone. Analogous negative scores (0 to -10) can be applied for Comments have no effect on nearshore; backfilling would improve discharge to nearshore projects that would have deleterious effects within the halo or nearshore zone. waters. 4) Public benefit (scored from -10 to +10) Score 4.3 The public benefit criterion is related to the number of users affected by the proposed project. A value of 0 means few or no users would be affected by the project, while a value of +5 means a moderate number of users would be positively affected. A +10 would indicate that a very large numbers of users would be positively affected. Comments Analogous negative scores (0 to -10) can be applied for projects that would have negative effects on users. 65 parcels would incur benefit 5) Public funding support (scored from -10 to +10) Score Willingness of local governments, homeowner associations, or individual property owners and commercial establishments along the canal to provide some level of funding support for the proposed restoration or remediation project. Scoring ranges from -10 Comments Funding to be evaluated after ranking to +10, with -10 indicating 100% opposition, 0 indicating neutrality, and +10 indicating 100% agreement with providing some level of funding support. 6) Likelihood of receiving external (e.g., grant -based) funding support (scored from 0 to +10) Score 10 Estimated likelihood that the proposed project would be eligible and competitive for partial or complete funding through grants or other external funding sources. For Phase I scoring only canals where WWT has been implemented will be considered for the final Comments scoring and selection. Scoring is either Yes WWT present = 10 or No WWT Not Present = 0. Yes, WWT. 7) Availability of data to prepare project designs and grant proposals (scored from 0 to 10) Score 7 Current availability of data and technical information that would be necessary to prepare design drawings and other scientific or engineering materials for the proposed project to the extent that would be necessary to apply for external grants, permits, etc. Scoring Comments ranges from 0 to +10, representing the estimated percentage (0 to 100%) of the needed 30% plans can be prepared with existing information that is currently available or could be obtained quickly and at minimal cost. data. No survey data or as-builts plans are available. 8) Project "implementability" (scored from 0-10) Score 8 This criterion accounts for factors such as cost, complexity of permitting issues, mitigation requirements, and potential complications with existing utilities or difficulty of access. Scoring ranges from 0 to +10, with 0 indicating significant difficulties in implementation and 10 indicating relative ease of implementation. Comments No issues evident; however backfilling will have to be done from a barge Overall Score Score 45.3 Comments Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 APPENDIXB L40 111:z Attribute Table, Site Condition Summaries, and Aerial Photographs for Task 5 Selected Canals I Water Quality Area Length Number of Degree of Stormwater Residential Canal Name Subdivision Name Potential Restoration Technologies Priority Score (acres) (meters) Mouths Convolutions Treatment Backfilling and/or Pumping to 46.6 45 KEY LARGO Cross KeyEstates increase circulation 10.8 820 1 16 Primany Weed wrack loading Winken, Blynken and prevention; secondary treatment 45.3 78 ROCK HARBOR Nod backfilling 2.5 290 1 4 Weed wrack Loading Prevention 39 223 MARATHON primary technology. 6.0 70 1 4 Yes Distance to WQ Weed Monitoring Wastewater Service Connection WWT Rack Station Residential Canal Name Area EDUs Status District Loading WBID Impairment Km Monitoring Organization Monitoring Parameters KLWTD Service Area Dissolved (DO,TEMP,SAL,ENT)/ 45 KEY LARGO C 1047 Compliant KLWTD 0.0% 6006A Oxygen 0.0 Nature Conservanc /FDEP Metals, Nutrients,&Biolo ical KLWTD Service Area Dissolved 78 ROCK HARBOR 1 684 Compliant KLWTD 0.0% 6006A Oxygen 0.6 FDEP Metals, Nutrients,&Biological S. A. 5 Vaca Key Dissolved Environmental Monitoring & 223 MARATHON East 2365 Compliant Marathon 97.0% 6011A Oxygen 0.9 Assessment Program Nutrients Monroe county canal Management blaster Plan Canal condition Summary Winken, Blynken, & Nod Canal 1D: 78 Canal No. 78 is located within the Winken, Blynken & Nod neighborhood on Key Largo. The canal system within the Winken, Blynken & Nod subdivision was assessed on May g, 2012. AMEc's database listed canal No, 78 as having fair water quality. There may be a HOA associated within this subdivision. Field personnel confirmed the presence of sewers within the neighborhood. The surrounding land use for canal No. 78 is comprised of older mobile homes and newer single family homes. canal No. 78 discharges into Rock Harbor at one location. The canal system displayed a slight odor. There was a 4 inch thick seaweed mat at the end of the assessed canal finger. The canal was measured 40 feet wide and 22 feet below the water surface deep. Depth was measured from the water surface to the bottom. The canal banks were observed to be vertical seawalls. canal walls were made of coral rock. The water quality parameters were collected with a YSI multi -parameter meter from an elevated road above the canal finger. Dissolved oxygen (Do) was measured at two depth intervals, just below the surface and at 11 feet below the water surface. Do concentrations were measured below the FDEP standard for impaired water bodies of 4.0 mg/L for both measured intervals During the May g, 2012 qualitative assessment, the water at the end of the canal displayed no visible flow. Field personnel noted that the water within the canal was very dark and displayed low visibility. Sediment was not sampled at this location due to logistics. Field personnel observed no existing structures within canal No. 78 that would affect the flow of water in and out of the system. Field personnel noted the presence of multiple aerators within the canal system. There were no observed issues that would affect obtaining a permit. Water quality was determined to be poor based on the field assessment. Possible treatment measures for enhancing water quality within the canal include installation of a seaweed gate that would prevent the seaweed from entering into the canal system and backfilling the canal to decrease the depth. 46 Jr * ! f AV if r' _ �. �� • it � 'y� ,� � � �4J. � a or' ■ 41 41111' vo-v .� vio L41 11.11rq r . Jr Jq IL d . _ Z;+ r pr f r I Source- FDOT, 2010 (aerial); NRCS, 2010; AMEC, 2012 Monroe County Canal Management Master Plan N 1 inch = 150 feet 78 ROCK HARBOR 0 37.5 75 150 Feet Drawn Date DLA 05/24/2012 MIA MI, FL Figure Checked Date amee Project # 6783-12-2396 9 WCL 05/24/2012 Monitoring Location End End Monroe County Canal Management [Master Plan Canal Condition Summary Cross Key Estates Canal ID: 45 Canal No. 45 is located within the cross Key Estates neighborhood on Key Largo. The canal system within the cross Key Estates subdivision was assessed on May 9, 2012. AMEc's database listed canal No. 45 as having poor water quality. There is a condo association located within this subdivision. AMEc visually confirmed the presence of sewers within the neighborhood. The surrounding land use for canal No. 45 is comprised of residential homes. canal No. 45 discharges into Blackwater sound at one location. The canal system displayed no noticeable odor. The canal was measured 49 feet wide and between 12 and 20 feet below the water surface deep. Depth was measured from the side of the dock to the bottom of the canal. The canal banks were observed to be vertical seawalls. The water quality parameters were collected with a YSI multi -parameter meter at a boat dock near the terminal end of a canal finger. Dissolved oxygen (DO) was measured at two depth intervals. DO concentrations were measured above the FDEP standard for impaired water bodies of 4.0 mg/L for the interval just below the water surface and below the DO standard for the interval approximately 8 feet below the water surface. During the May 9, 201.2 qualitative assessment, the canal water displayed no visible flow and was observed to have a green tint to the water column. The sediment was sampled using a ponar dredge. The sediment sample consisted of algae, shells, and decomposed organic matter. The sediment sample displayed a distinct sulfurish odor. There were no existing structures within canal No. 45 that were affecting the flow of water in and out of the system. Field personnel did not observe the presence of any treatment measures designed to enhance water quality within the canals. There were no observed environmental issues that would affect obtaining a permit. Water quality was observed to be fair to poor based on the field assessment. During a subsequent visit to cross Key Estates on May 23, 2012, the streets were flooded as a result of a recent storm event. Possible treatment measures for enhancing water quality within the canal include installing a pump system to circulate water and backfilling. Monitoring Location End End Conductivilt tl Monroe county canal Management Master Plan Canal condition Summary Marathon (subdivision not provided) Canal ID: 223 Canal No. 223 is located on Marathon. The canal system on Marathon was assessed on May 15, 2012. Canal No. 223 was determined by aerial photographs as having a potential seaweed loading issue. A neighborhood organization does not exist for this subdivision. The surrounding land use for canal No. 223 is comprised of single family homes and motels. Canal No. 223 discharges into Florida Bay at one location. The canal system displayed no noticeable odor. Seaweed mats were observed floating within the canal system at the time of the May 15, 2012 assessment and again during a subsequent site visit on May 24, 2012. Representatives state that if the wind is predominately out of the north for an extended period of time, the canal fingers will accumulate substantial amounts of seaweed. Canal measurements and parameters were collected near the inlet and at the terminal end of the canal. Near the inlet, the canal was visually estimated at 100 feet wide and measured 8 feet deep from the water surface. Depth was measured from the top of the seawall to the bottom of the canal. The canal banks near the inlet were observed to be vertical seawalls on one side and mangrove lined banks of the other. Seawalls are present on both sides of the canal near the terminal end. The water quality parameters were collected with a YSI multi -parameter meter from the seawall near the inlet and at the terminal end of a canal finger. Dissolved oxygen (DO) was measured at two depth intervals at each location. The DO concentrations were measured below the FDEP standard for impaired water bodies of 4.0 mg/L for the depth intervals just below the water surface and 6 feet below the water surface. During the May 15, 2012 qualitative assessment, the canal water displayed no visible flow and was visually determined to be moderately clear with algae suspended in the water column. The sediment was sampled using a ponar dredge. The sediment sample consisted of silt, sand, seaweed, and algae. The sediment sample displayed a distinct sulfurlsh odor. There were no existing structures within canal No. 223 that were affecting the flow of water in and out of the system; however, the canal narrows severely in the middle which will restrict flow. Field personnel did not observe the presence of any treatment measures designed to enhance water quality within the system. The presence of mangroves on one side of the canal may affect the ability to permit a treatment measure within that area. Water quality was observed to be fair based on the field assessment. Possible treatment measures for enhancing water quality within the canal include installing a bubble curtain or weed gate and a pump system that could improve circulation near the terminal end of the canal. Monitoring Location Mouth End Mouth End Conductivity El oil Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 APPENDIX C Conceptual Design Calculations, Figures and Costs - F r 40 § I r r� r. Al f , _1y. -''? 'h ,a`• �, 3 �tilW� 4 P } r � _ e PAF Ir ° Y + 14' - y t 1 ° � y •iT G' � 1 # i w. 1 4411 r- r i - x y 4 tom' i N t a 1 ;- 1 j ameO AMEC - 2000 E. Edgewood Drive Ste #215 - Lakeland, FL 33803 - CA-5392 - (863) 667-2345 Jotes: - Project No.: 6783122396.05 - Data Sources - - The map shown here has been created with all due and reasonable care and is strictly for use with AMEC Project Number: This map has not been certified by a licensed land surveyor, and any third party use of this map comes without warranties of any kind. AMEC assumes no liability, direct or indirect, whatsoever for any such third party or unintended use. Location Map Not to Scale Monroe County Wynken, Blynken and Nod Conceptual Schematic Explanation of Features Wood or Aluminum Pilings 36 URAI Pump/ 5HP Motor 0 Optimized Recirculation Removal of Accumulated Organics Physical Seaweed Gate Air Seaweed Gate Potential Backfill Location 4" PVC Air Pipe N Feet 0 40 80 Date: 06/15/2012 1 Revised:MM Checked By:WL r J : - IP 146 41 je r ' • , . '+ e j i x job AL{ .:/' - — : l r • ,.- t �F Y `i117 I 9 .. i _f � �. •�{ � ^+fix. .;:°' �:- , _ t Op APW 3+f fie. :arr• '. * . a -41 : r �• : y . Y ROj r= h + p� Ir1' rf La;N {e JW + f . • ,ar ,• 1, � � - � �r e 1 1 �4P 7 }1 i 4F " Y - a I� o mr. Lpl- 41 r A , L �l tl T 5 L Y k ilt •rF 7 7W i * f 1 op F�� � 4 i v I° Y } } y y� y, a Engineers Opinion of Probable Construction Cost for WBN Physical and Air Seaweed Gate Item # uoM Approx Qty Item Unit rice In Figures Total Amount 1 EA 1.0 Furnish and Install Air/ Physical Seaweed Gat $ 19,462.00 $ 19,462.00 Subtotal $ 19,462.00 Contingency 20% $ 3,892.00 Sub total $ 239354.00 Construction Administration $ 5,000.00 Final Design and Permitting $ 10,000.00 Total TOTAL $ 389354.00 Removal of Accumulated Organics Item # uoM Approx Qty Item Unit rice In Figures Total Amount 1 LS 1.0 Removal of Organics- Mobilization $ 50,000.00 $ 50,000.00 2 CY 37376.4 Removal of Organics -Hydraulic Dredge $ 10.00 $ 33,764.00 3 CY 37376.4 Removal of Organ ics-Dewatering $ 13.00 $ 43,893.00 3 Ton 319.1 Disposal of Accumulated Organics $ 48.00 $ 15,315.00 Subtotal $ 142,972.00 Contingency 20% $ 28,594.00 Sub total $ 1719566.00 Construction Administration $ 25,735.00 Final Design and Permitting $ 42,892.00 Total TOTAL $ 2409193.00 Backfillina Item # uoM Approx Qty Item Unit rice In Figures Total Amount 1 Ton 83869.133 Backfill $ 3.00 $ 251,607.00 2 Ton 83869.133 Trucking- Backfill $ 6.25 $ 5247182.00 4 DAY 167.7 Backhoe and Operator (B-66) $ 660.88 $ 1107855.00 5 DAY 167.7 Barge rental and Operator (301X90') $ 294.20 $ 497349.00 6 DAY 167.7 Loader and Crew (B-3C) $ 27796.00 $ 4687995.00 7 EA 2.0 Sediment Control (boom) 100 feet $ 37300.00 $ 67600.00 Subtotal $ 174117588.00 Contingency 20% $ 2827318.00 Sub total $ 196939906.00 Construction Administration $ 847695.00 Final Design and Permitting $ 1017634.00 Total TOTAL $ 198809235.00 Engineers Opinion of Probable Construction Cost for Cross Key Estates Pumping Item # UoM Approx Qty Item Unit Price In Figures I Total Amount 1 EA 10.0 Furnish and Install Seawater Pump $ 167047.00 $ 1607470.00 Subtotal $ 1607470.00 Contingency 20% $ 327094.00 Sub total $ 192,564.00 Construction Administration $ 107000.00 Final Design and Permitting $ 257000.00 Total TOTAL $ 2279564.00 Removal of Accumulated Organics Item # UoM Approx Qty Item Unit Price In Figures Total Amount 1 LS 1.0 Removal of Organics- Mobilization $ 507000.00 $ 507000.00 2 CY 177037.0 Removal of Organics -Hydraulic Dredge $ 10.00 $ 1707370.00 3 CY 177037.0 Removal of Organ ics-Dewatering $ 13.00 $ 2217481.00 3 Ton 17610.0 Disposal of Accumulated Organics $ 48.00 $ 777280.00 Subtotal $ 5197131.00 Contingency 20% $ 1037826.00 Sub total $ 622,957.00 Construction Administration $ 417530.00 Final Design and Permitting $ 517913.00 Total TOTAL $ 716,400.00 Backfillinq Item # UoM Approx Qty Item Unit Price In Figures Total Amount 1 Ton 3777614.5 Backfill $ 3.00 $ 171327844.00 2 Ton 3777614.5 Trucking- Backfill $ 6.25 $ 273607091.00 4 DAY 486.5 Backhoe and Operator (B-66) $ 660.88 $ 3217485.00 5 DAY 486.5 Barge rental and Operator (301X90') $ 294.20 $ 1437114.00 6 DAY 486.5 Loader and Crew (B-3C) $ 27796.00 $ 173607114.00 7 EA 5.0 Sediment Control (boom) 100 feet $ 37300.00 $ 167500.00 Subtotal $ 573347148.00 Contingency 20% $ 170667830.00 Sub total $ 6,400,978.00 Construction Administration $ 1287020.00 Final Design and Permitting $ 1607024.00 Total TOTAL $ 696899022.00 Engineers Opinion of Probable Construction Cost for Marathon 223 Pumpinq Item # UoM pprox Qty Item unit Price In Figures Total Amount 1 EA 1.0 Furnish and Install Seawater Pump $ 38,479.00 $ 38,479.00 Subtotal $ 38,479.00 Contingency 20% $ 7,696.00 Sub total $ 469175.00 Construction Administration $ 8,000.00 Final Design and Permitting $ 25,000.00 Total TOTAL $ 799175.00 Physical and Air Seaweed Gate Item # UoM pprox Qty Item unit Price In Figures Total Amount 1 1EA 1.0 Furnish and Install Physical/ Air Seaweed Gate $ 42, 747.00 $ 42, 747.00 Subtotal $ 427747.00 Contingency 20% $ 87549.00 Sub total $ 519296.00 Construction Administration $ 87000.00 Final Design and Permitting $ 157000.00 Total TOTAL $ 749296.00 Appendix - Calculations Cross Key Estates Pumping T f =(T x V)/(V f +Vp) Where: Tf: Flushing Time (hrs) Tx: Tidal Period (hrs) V: Stored Water Volume (acre-feet) Vf: Tidal Prism Water Volume (acre-feet) Vp: Volume Pumped (Acre ft) Vp Tx V Tf Vf Area Depth Tidal Range 18.8 acre-ft Required Total Flow 12.5 hours Number of Pumps 216 acre-ft Required Pump Flow 96 hours 9.3 acre-ft 10.8 acres 20 feet 0.86 feet http://tidesandcurrents.noaa.gov/tides10/tab2ec3d.htmI Largo Sound, Key Largo Length of pipe 1679 ft 45 degree elbows equivalent 411PVC 5.1 ft 90 degree elbows equivalent 411PVC 13.1 ft # 45 degree elbows 6 # 90 degree elbows 1 Equivalent Pipe Length 1722.7 ft Pipe Diameter 4 inches Hazen Williams z head loss 10 feet friction loss 11.9 ft Total Head 21.9 C 145 Hydraulic Horsepower Required Power= HQ(SG)/(3956*pump efficiency) Power 1.0 hp Q 106.6 gal/min Specific Gravity 1.025 Head 21.9 ft Assumed Pump Efficiency 0.62 Assumed Motor Efficiency 0.85 Selected Pump Size 1 hp Cost to Operate Electricity Cost from Florida Keys Coop 0.11 $/kW-hr cost= (electricity*.7457kW/hp)*hp)/motor efficiency Cost 0.09 $/hr Cost (monthly) 63.23 $/month 1065.6 gal/min 10 106.6 gal/min Marathon - Pumping T f = (T x VNV f + VP) Vp Tx V Tf Vf Area Depth Tidal Range 16.4 acre-ft Required Q 25 hours 72.8 acre-ft 96 hours 2.6 acre-ft 3.64 acres 20 feet 0.71 feet http://tidesandcurrents.noaa.gov/tides10/tab2ec3d.html Vaca Key, Marathon, FI Length of pipe 1720 ft 45 degree elbows equivalent 411PVC 5.1 ft 90 degree elbows equivalent 411PVC 13.1 ft # 45 degree elbows 0 # 90 degree elbows 7 Equivalent Pipe Length 1811.7 ft Pipe Diameter 10 inches Hazen Williams z head loss 10 feet friction loss 7.88 ft Total Head 17.88 ft C 145 Hydraulic Horsepower Required Power= HQ(SG)/(3956*pump efficiency) Power 6.92 hp Q 926.23 gal/min Specific Gravity 1.025 Head 17.88 ft Assumed Pump Efficiency 0.62 Assumed Motor Efficiency 0.85 Selected Pump Size 60 hp Cost to Operate Electricity Cost from Florida Keys Coop 0.11 $/kW-hr cost= (electricity*.7457kW/hp)*hp)/motor efficiency Cost 0.67 $/hr Cost (monthly) 448.89 $/month 926.2 gal/min Winken, Blynken, & Nod - Seaweed Gate Depth below surface of bubble discharge 9.00 1 ft depth from pump to bottom 16.00 ft Desired Airflow at 10' below waters surface 200.00 cfm Desired Airflow at 10' below waters surface 3.33 ft"3/sec Area of 3" PVC pipe 0.05 ft"2 v=QA 4,074.37 ft/min v=QA 67.91 ft/sec acceleration head v"2/2g 71.60 ft air static head 16.00 ft pressure (acceleration) 0.04 psi water pressure 3.90 psi Total pressure 3.95 psi Assumed Pump Efficiency 0.80 Assumed Motor Efficiency 0.85 Power= pQ/3.819* efficiency of pump 4.31 hp Pump selected 5.00 hp cost= (electricity*.7457kW/hp)*hp)/motor efficiency Electricity Cost from Florida Keys Cooperative 0.11 $/kW-hr Cost 0.42 $/hr Cost (monthly) 279.24 $/month Marathon - Seaweed Gate Depth below surface of bubble discharge 7.00 1 ft depth from pump to bottom 14.00 ft Desired Airflow at 10' below waters surface 200.00 cfm Desired Airflow at 10' below waters surface 3.33 ft"3/sec Area of 3" PVC pipe 0.05 ft"2 v=QA 4,074.37 ft/min v=QA 67.91 ft/sec acceleration head v"2/2g 71.60 ft air static head 14.00 ft pressure (acceleration) 0.04 psi water pressure 3.03 psi Total pressure 3.08 psi Assumed Pump Efficiency 0.80 Assumed Motor Efficiency 0.85 Power= pQ/3.819* efficiency of pump 3.36 hp Pump selected 5.00 hp cost= (electricity*.7457kW/hp)*hp)/motor efficiency Electricity Cost from Florida Keys Cooperative 0.11 $/kW-hr Cost 0.32 $/hr Cost (monthly) 217.81 $/month Cross Keys Estates - Organics Removal canal area 4697086.4 1 ft"2 assumed percent impacted by organics 33.0% area to dredge 1537331.2 ft"2 assumed depth of accumulated organics 3.0 ft volume of accumulated organics to be removed 4597993.6 ft"3 volume of accumulated organics to be removed 177036.8 ydA3 Backfilling area to backfill 4697086.4 ft"2 fill required (current depth -proposed depth) 14.0 ft current assumed canal depth 20.0 ft proposed depth 6.0 ft Backfill required 6, 567, 209.2 ft"3 Backfill required 2437230.0 ydA3 for backfill assuming 1 ydA3=1.5525 tons specific weight = 115 Ib/cf Backfill required 377,614.5 tons Winken, Blynken, & Nod - Organics Removal canal area 917162.1 1 ft"2 assumed percent impacted by organics 33.0% area to dredge 307083.5 ft"2 assumed depth of accumulated organics 3.0 ft volume of accumulated organics to be removed 907250.5 ft"3 volume of accumulated organics to be removed 37342.6 ydA3 Backfilling area to backfill 307083.5 ft"2 fill required (current depth -proposed depth) 16.0 ft current assumed canal depth 22.0 ft proposed depth 6.0 ft Backfill required 481, 335.9 ft"3 Backfill required 177827.3 ydA3 for backfill assuming 1 ydA3=1.5525 tons specific weight = 115 Ib/cf Backfill required 27,676.8 tons Monroe County Canal Management Master Plan Task 5 Develop the Initial Short -List of Restoration Projects for Priority Canals June 15, 2012 APPENDIXD Grant Program Application Information 67 Community -Based Matching Grants Program Grant Information TheNature �. Conservancy Protecting nature. Preserving life. 0 � cam' Community -based Restoration Matching Grants Program TNC Global Marine Team & NOAA Restoration Center Request for Proposals — Due April 13, 2012 TNC-NOAA Community -based Habitat Restoration Grants The Nature Conservancy (TNC) and the National Oceanic and Atmospheric Administration (NOAA) are pleased to request proposals for their restoration matching grants program. This program is part of a national cooperative agreement between TNC's Global Marine Team and the Community -based Restoration Program of the NOAA Restoration Center. The objectives of TNC and NOAA's Community -based Restoration Program (CRP) are to bring together interested groups, public, private, tribal and non-profit organizations to implement habitat restoration projects to benefit NOAA trust resources (coastal and marine species and their habitats). This innovative program recognizes the significant role that partnerships can play in making habitat restoration happen within communities, and acknowledges that habitat restoration is often best implemented through technical and monetary support provided at a community level. (For more information visit: http://www.habitat.noaa.gov/restoration/programs/crp.html and httn://www.nature.ora/ourinitiatives/habitats/oceanscoasts/howwework/habitat- restoration.xml). Focus areas: NOAA and TNC are looking to support community -based restoration of a diversity of habitat types and no habitats are excluded. We will consider any innovative restoration project nationwide that supports NOAA trust resources, and particularly those projects that have a multi -species benefit or emphasize Ecosystem -Based Management. A focal area of particular interest, though not exclusive or limiting, is native shellfish (bivalve) restoration projects. Projects throughout all USA states and territories are eligible to compete for these grants. Preference will be given to projects at priority sites identified through Marine Ecoregional Assessments and other TNC priority setting approaches at the state and territory level (contact TNC state or territory staff listed in Appendix II or NOAA/TNC Partnership Coordinator, Boze Hancock, see below). Match Requirements: The NOAA-TNC national partnership provides seed money to individual projects that leverage funds and other contributions from the public and private sector to implement locally important habitat restoration that benefits living coastal and marine resources. Non-federal match is required at the rate of 1:1. The 1:1 match can come from a variety of (non-federal) public and private sources and can include in -kind goods and services from project partners. Approved projects may use any unrecovered indirect costs as match (see budget section below). Neither federal funds nor federal funds passed through state agencies are eligible to be used as matching funds. Mitigation funds or other funds mandated by a court action are also not eligible as match. Global Marine Team Technical Support: As part of T'NC's increased focus on restoration, The Global Marine Team will work with project sites and regional programs to leverage the impact of individual restoration projects through information exchange and coordination across projects. We can offer site and regional practitioners our expertise to assist with developing (i) projects aimed at shellfish restoration and the restoration of nursery habitats nationwide, (ii) linking projects towards achieving regional restoration success, and (iii) improving the measurement and monitoring of ecosystem services provided by the habitats restored. NOAA's Community -based Restoration Program (CRP) Technical Support: Through NOAA's Restoration Center, CRP staff provides technical support to assist project proponents in the development and implementation of sound coastal restoration projects. Located strategically throughout the country (see Appendix 1), CRP field staff are available, as needed, to provide site -specific guidance on activities including project design and engineering, environmental compliance, and science -based project monitoring. In addition, CRP field staff work to enhance community engagement and collaboration among local entities to increase restoration success at the local and regional level and coordinate and gain public recognition for restoration efforts. Administrative Requirements: Awards are expected to be announced in June 2012. Anticipated awards are contingent on notification of federal funding to The Nature Conservancy. Upon notification of an award, projects will be assigned a TNC Global Marine Team budget center number to use for project expenses, and will also be informed as to required financial and programmatic reporting requirements. This information will assist TNC in meeting Federal guidelines for reporting expenses and project status on a semi-annual basis. Proposal Requirements and Submission: Specifications for TNC-NOAA Community - based Habitat Restoration Grants are detailed in the following pages. Proposals are due by April 13, 2012. Submission by e-mail is preferred. Submission by hard copy will be accepted if it is received by the close of business on the due date. If you submit a hard copy, please also submit an electronic copy on CD, to: Boze Hancock, TNC-NOAA National Partnership Coordinator bhancockAtnc.org (electronic submission is preferred) The Nature Conservancy Global Marine Team University of Rhode Island Narragansett Bay Campus South Ferry Road Narragansett, RI 02882-1197 For questions about the grants program or proposals please contact Boze Hancock, TNGNOAA National Partnership Coordinator at 401-874-6121 (phone), or bhancockAtnc.org (email), or your local NOAA RC staff (Appendix 1). If proposals are greater than 5MB please contact Boze Hancock regarding safe receipt of large email files. 2 COMMUNITY -BASED HABITAT RESTORATION GRANTS 2012 Proposal Requirements NOAA-TNC Partnership The mission of The Nature Conservancy is to conserve the lands and waters on which all life depends. To achieve its global mission, TNC has increasingly focused its efforts on marine and estuarine conservation, an essential component of conserving global biodiversity, and is growing rapidly with support and leadership from the Global Marine Team. Effective conservation also requires us to explicitly consider and sustain the ecological linkages among terrestrial, freshwater, and marine systems. TNC's conservation process has brought heightened awareness of coastal and marine ecosystems and the many species that require these habitats during part of their lives. This process has also highlighted the fact that many coastal and marine sites require restoration (see Appendix IV) to function properly. As a result, TNC's Global Marine Team has been vigorously promoting aquatic habitat restoration under the TNC/NOAA partnership. Grants This year, typical grants will be in the range of $25,000-$85,000. This will be a competitive process. The merits of each proposal will be weighed based on how closely the project aligns with the national partnership's evaluation criteria (see below). TNC and NOAA reserve the right to select a limited number of projects that have demonstrated prior success with the proposed restoration technique and invite them to prepare scaled proposals for up to $250,000 to achieve larger restoration outcomes. Applicants are welcome to indicate if they consider that their proposal falls within this category and if higher levels of matching funds may be available. Reference of prior success and a brief (maximum 1 page) statement of the rationale for, and benefit of, scaling up for larger restoration outcomes can be included as an appendix to the proposal. This option will be considered only if sufficient funding is available. Elements of Successful Proiect Proposals Applicants should strive to meet as many of the following elements as possible (see also selection criteria below): Project is aligned with TNC's conservation planning framework. This means that the project location falls within a TNC priority conservation area identified in an Ecoregional Assessment or is identified as significant by alternative TNC conservation priority assessments, as indicated by TNC state or territory chapters (See appendix II). The assessment and TNC chapter and staff providing this information should be noted in the proposal. [Note that these analyses are not available in all U.S. and territorial geographies and therefore this can only be done where the information is available. Contact your state or territorial chapter of TNC (Appendix II) and / or Boze Hancock if you have questions regarding currently available analyses.] ■ It should identify, or be prepared to address, short and long-term measures of success (see Monitoring below). ■ Project implementation will result in tangible and measurable restoration of living coastal and marine resources. 3 ■ Project has clear restoration objectives, with measurable outcomes supported by a well -crafted monitoring plan that meets NOAA's minimum monitoring requirements (see Monitoring below). ■ Project involves significant community engagement and support that is tied to the restoration activities. This should be done to ensure the community is aware of restoration activities, feels ownership in specific projects and can voice any concerns there may be, and to promote community stewardship. ■ Project concept involves substantial interaction with the NOAA Restoration Center regional representative throughout its development. A list of the NOAA local contacts is provided in Appendix 1. ■ Project involves partners. ■ Project demonstrates a reasonable assurance that the appropriate permits can be obtained in a timely manner and the proposal includes a list of all necessary federal, state, tribal and local permits required to complete the project. ■ Project demonstrates a reasonable assurance that there is ongoing protection for the restoration investment (e.g., fishery closures, conservation easements, or other habitat protection). ■ Project must provide a minimum 1:1 non-federal match. Match above the required 1:1 level increases the competitiveness of proposed projects. ■ Budget justification with sufficient detail to evaluate project cost effectiveness. Proposal Contents If the project qualifies, a proposal should be submitted to Boze Hancock in TNC's Global Marine Team. Proposals should be no longer thanfive pages (not including attachments). You are also strongly encouraged to consult with a member of NOAA Restoration Center regional staff (see appendix 1), State or Territory TNC staff (see appendix II), and Boze Hancock at TNC, early -on in the proposal preparation process. 11 Recommended format and minimum information to be provided in a project proposal includes: BASIC APPLICATION INFORMATION ■ Project name ■ Contact person (address, phone, fax, email) ■ Congressional District(s) and Representative(s) ■ Regional NOAA contact staff person ■ Project abstract. 1 paragraph (3 to 5 sentence) Project Abstract succinctly outlining major project goals and activities. PROJECT DESCRIPTION ■ Project location (include project zip code, and latitude/longitude if possible). Relevant maps should be included as appendices with site location(s) specifically indicated. Photos may also be included. ■ Description of the conservation status of the site in a marine ecoregional assessment or other conservation assessment, and the TNC staff consulted. ■ Land ownership (public or private). ■ Anticipated benefits to species and habitat(s), including threatened and endangered species. ■ A list of federal, state, tribal and local permits (e.g. see Permit Requirements and National Environmental Policy Act (NEPA) Requirements sections below). ■ A list of involved partners (include partner contributions, if applicable, even if not used as match). Letters of partner support and pledges of match may be added to the appendix. ■ Whether the project can be considered for increased funding and restoration outcomes (has previously demonstrated success with the restoration technique and is in a position to be scaled up for increased restoration outcomes, see `Grants' above). WORK PLAN ■ Start and end date. Two year projects are preferred, including implementation of the restoration work and post -restoration monitoring. ■ Identification of goals and description of long-term measures of success. ■ Identification of measurable obj ectives/proj ect- specific benchmarks for measuring short-term success (see Monitoring below). ■ Restoration methodology and design considerations. ■ Timeline for anticipated actions (e.g., design and permitting phase, pre -restoration monitoring, implementation, post -restoration monitoring). ■ Identification of the mechanism that will be used to ensure that necessary environmental permits and consultations will be secured prior to the use of federal funds. ■ Community engagement (may include hands-on training and restoration activities undertaken by volunteers, sponsorship from local entities, either through in -kind goods and services or cash contributions, public education and outreach, and/or support from state and local governments). ■ A description of the anticipated outreach for the project (e.g., press releases, presentations, papers, publications, workshops and trainings, if applicable). PROJECTED BUDGET AND NARRATIVE (included as Appendix 1 to the proposal, see Appendix III below for instructions) ■ Completed Projected Budget Template. ■ Grant amount requested. ■ Match amount being provided (non-federal is required). Identify source(s) of match and indicate whether match is confirmed or pending. Justification for fund use (by funding category as listed in projected budget) and a budget narrative. Also, at the end of the narrative include the total project budget amount if it is greater than is the amount represented by the requested funds plus match and state whether these additional leverage funds are federal or non-federal. Evaluation Criteria Projects will be evaluated based on the following criteria: ■ Technical merit, project feasibility and a relevant monitoring plan. ■ Extent to which project benefits living coastal and marine resources. ■ Extent to which the project will persist over the long-term, including any long-term maintenance plan for ensuring long-term sustainability of the site. ■ Community involvement, education, and stewardship. ■ Whether NEPA, ESA, or other regulatory compliance issues may reasonably be raised, and how likely they are to be expeditiously resolved to allow project implementation to begin as planned. ■ Budget justification, project cost-effectiveness and availability of match. ■ Degree of support from, and involvement with, the regional NOAA contact person. ■ The extent of present and future support of TNC staff at these sites. Preference will be given to projects containing: ■ A statement from the local TNC Chapter regarding the site as a conservation priority in Marine Ecoregional Assessments or significance in alternative TNC conservation priority assessment. ■ Essential Fish Habitat (EFH) as identified by NOAA Fisheries, and areas within EFH identified as Habitat Areas of Particular Concern (see: http://sharpfin.nmfs.noaa.gov/website/EFH Mapper/map.aspx ). ■ Areas identified as critical habitat for federally or state listed estuarine and marine species. ■ Areas identified as important habitat for marine mammals and turtles. ■ Areas identified as important nursery habitats. ■ Watersheds or other areas under special management by state coastal management programs. ■ Other important commercial or recreational fish habitat. ■ Habitat supporting native bivalve shellfish and associated species. For projects targeting habitats created by native bivalve species, quantification of a major ecosystem service provided by the restoration may be included in the monitoring plan. Proiect Evaluation and Selection Together, NOAA and TNC select projects that will receive support from this innovative national partnership. This selection process will take place in two steps. In the first step, TNC's Global Marine Team performs a preliminary review and narrows the project proposals submitted to those that most closely meet the qualifications and evaluation criteria. In the second step, NOAA Headquarters, the NOAA regional staff, and TNC will then review, evaluate, and select final projects with the goal of funding 8-12 projects. Following project selection Reporting Requirements After the selection process, the Grantees that are awarded funding shall be required to file quarterly financial reports (for projects managed external to TNC), semi-annual no progress reports, a comprehensive final report, and a detailed monitoring plan. An initial and final fact sheet will also be required with the first progress report and final report for use by the project, TNC and NOAA. Monitoring: Applicants will be required to complete a `Restoration Performance Monitoring and Evaluation' plan with parameters based on the NOAA restoration monitoring guidelines (see: http://www.era.noaa.gov/information/monitor.html). For each selected parameter (minimum of two), a baseline value, reference value, and a proposed target value must be identified prior to the implementation of restoration efforts. The Conservancy and NOAA will work together with the grantee to determine monitoring parameters and targets for successful applicants. In addition to biological parameters, proposals may include relevant socio-economic monitoring in the work plan to quantify societal benefits derived from the restoration. Applicant's Permit Requirements Applicants must provide where relevant a list and status (obtained, application filed, when anticipate obtaining approval, or have not applied) of all necessary federal, state, tribal and local permits required to complete the project and the appropriate regulatory agency contact (name, title, phone) for each permitting agency. TNC will require copies of permit and compliance documentation once the documentation is secured. Applicants will be required to meet all local, state and tribal environmental laws and Federal consistency requirements before project implementation. National Environmental Policy Act Requirements All proposals will be reviewed by NOAA regarding National Environmental Policy Act (NEPA) compliance. All projects must comply with NEPA before TNC will release funds. For more information on NEPA, please visit NOAA's website at http://www.nepa.noaa.gov. Applicants will be required to provide detailed information on the activities to be conducted, locations, sites, species and habitat to be affected, possible construction activities, and any environmental concerns that may exist (e.g., the use and disposal of hazardous or toxic chemicals, introduction of non -indigenous species, impacts to endangered and threatened species, the presence of historic structures, and impacts to coral reef systems) in order for NOAA to make a NEPA determination on each proposal. For additional information on the NOAA Restoration Center NEPA process, please visit the Environmental Compliance section at: http://www.habitat.noaa.gov/partners/granteeresources.html .e� .e In addition to providing specific information that will serve as the basis for any required impact analyses, applicants may also be requested to assist NOAA in drafting an environmental assessment, if NOAA determines an assessment is required. Applicants will also be required to cooperate with NOAA in identifying and implementing feasible measures to reduce or avoid any identified adverse environmental impacts of their proposal. Once awards are approved we will also need to ensure that, for projects involving volunteers, each project manager has a management plan for them (e.g., liability waivers & procedures for conveying safety information to volunteers prior to conducting field work). 7 SCUBA Safety For any Self -Contained Underwater Breathing Apparatus (SCUBA) diving activities described in the proposal, it is the responsibility of the recipient to ensure that SCUBA divers are certified to a level commensurate with the type and conditions of the diving activity being undertaken. Furthermore, it is the responsibility of the recipient to ensure that any SCUBA diving activities under this award meet, at a minimum, all applicable Federal, State, and local laws and regulations pertaining to the type of SCUBA diving being undertaken. Due Dili!ence Non-profit applicants external to TNC will be asked to provide copies of documents to ensure that the Awardee meets the criteria of a non-profit conservation organization and that the Awardee meets appropriate standards of capacity, competence, and financial accountability. These documents include but are not limited to the following: a certificate of good standing, a list of the names of all of its board members and principal officers, copies of Awardee's bylaws and articles of incorporation and financial statements. Awardee agrees to notify TNC immediately of any change in Awardee's corporate or tax status or operations, or if any official judicial, legislative, or administrative proceeding is instituted against Awardee that may affect the commitments and obligations agreed to in the award. 0 Appendix I NOAA Restoration Center Staff Northwest Re$ion: Oregon Washington Megan Callahan -Grant Polly Hicks 1201 NE Lloyd Blvd. 7600 Sandpoint Way NE Suite 1100 Seattle, WA 98115-6349 Portland, OR 97232 PH: 206-526-4861 PH: 503-231-2213 FAX: 206-526-6665 FAX: 503-231-6265 Polly. Hicksknoaa. gov Megan. Callahan- Grantknoaa. _ov Jason Lehto Megan Hilgart 7600 Sandpoint Way NE 1201 NE Lloyd Blvd. Seattle, WA 98115-6349 Suite 1100 PH: 206-526-4670 Portland, OR 97232 FAX: 206-526-6665 PH: 503-231-6848 Jason. A. Lehto knoaa. gov FAX: 503-231-2339 Megan. Hil gartknoaa. _ ov Laurel Jennings 7600 Sandpoint Way NE Lauren Senkyr Seattle, WA 98115-6349 1201 NE Lloyd Blvd. PH: 206-526-4601 Suite 1100 FAX: 206-526-6665 Portland, OR 97232 Laurel. Jennings knoaa. _ ov PH: 503-231-2110 CELL: 503-347-0848 Paul Cereghino FAX: 503-231-6265 510 Desmond Dr. NE Lauren. Senkyrknoaa.gov Ste 103 Lacey, WA 98503 Alaska Region: PH: (360) 753-4650 Erika Ammann FAX: 222 West 7th Ave, Rm 517 CELL: (206) 948-6360 P.O. Box 48 Paul. R.Cerehg inoknoaa.gov Anchorage, AK 99513-7577 Or PH: 907-271-5118 WA Dept. of Fish and Wildlife FAX: 907- 271-3 03 0 600 Capitol Way N. Erika.Ammannknoaa. gov Olympia,WA 98501-1091 PH: 360-902-2603 K. Koski 10656 Misty Lane Juneau, AK PH: 907-586-2609 K.Koskiknoaa. gov 9 Southwest Resion: Dave Witting Northern California 501 West Ocean Blvd Leah Mahan Suite 4400 1655 Heindon Rd. Long Beach, CA 90802-4213 Arcata, CA 95521 PH: 562-980-3235 PH: 707-825-5161 CELL: 562-508-3264 CELL: 707-599-2713 FAX: 562-980-4084 FAX: 707-825-4840 David. WittingAnoaa. gov Leah.MahanAnoaa. gov Pacific Islands Resion: Bob Pagliuco Tia Brown 1655 Heindon Rd. 1601 Kapiolani Blvd. Arcata, CA 95521 Suite 1110 PH: 707-825-5166 Honolulu, HI 96814 CELL: 707-834-2215 PH: 808-944-2259 FAX: 707-825-4840 FAX: 808-973-2941 Bob.PagliucoAnoaa.gov Tia.BrownAnoaa.gov Natalie Cosentino -Manning Southeast Rejion: 777 Sonoma Ave, Room 219-A Florida Santa Rosa, CA 95404-6515 Daphne Macfarlan PH: 707-575-6081 263 13th Avenue South CELL: 707-206-1642 St. Petersburg, FL 33701 FAX: 707-575-6094 PH: 727-824-53 84 Natalie.C-Manning(knoaa.gov CELL: 727-365-5419 FAX: 727-824-5390 Joe Pecharich Daphne.MacfarlanAnoaa. ov 777 Sonoma Ave, Room 219-A Santa Rosa, CA 95404-6515 Marti McGuire PH: 707-575-6095 263 13th Avenue South CELL: 707-5 83 -3189 St. Petersburg, FL 33701 FAX: 707-575-6094 PH: 727-551-5785 Joe. PecharichAnoaa.gov CELL: 727-744-7328 FAX: 727- 824-5390 Southern California Marti. McGuireAnoaa. gov Milena Vilj oen 6010 Hidden Valley Road Sean Meehan Suite 101 263 13th Avenue South Carlsbad, CA 92011 St Petersburg FL 33701 PH: 760-431-9440 EXT. 227 PH: 727-824-5330 CELL: 562-221-5717 CELL: 727-3 85-5202 FAX: 760-431-9624 FAX: 727-824-5390 Milena.ViljoenAnoaa.gov Sean.MeehanAnoaa.gov 10 Tom Moore 263 131h Avenue South Puerto Rico St Petersburg FL 33701 Sean Griffin PH: 727-551-5716 USCG Air Station Borinquen CELL: 727-647-653 8 260 Guard Rd. FAX: 727-824-5390 Aguadilla, PR 00605 Tom. MooreAnoaa. ov PH: 787-667-7750 Sean.GriffinAnoaa. gov Alabama Meg Goecker Northeast: 101 Bienville Blvd. ME Dauphin Island, AL 36528 Matt Bernier PH: 251-861-7509 NOAA Fisheries Maine Field Station Meg.GoeckerAnoaa.gov 17 Godfry Drive Suite 1 Louisiana/Mississippi Orono, ME 04473 Mel Landry 207-866-7409 Louisiana State University CELL: 978-835-8868 Sea Grant Building, Room 124H FAX: 207-866-7342 Baton Rouge, LA 70803 Matthew.BernierAnoaa. _ ov PH: 225-578-7667 FAX: 225-578-7926 VT/NH/MA CELL: 985-492-0635 Steve Block Mel. LandryAnoaa. gov 55 Great Republic Drive Gloucester, MA 01930 Texas PH: 978-281-9127 Kristopher Benson CELL: 978-609-7653 4700 Avenue U. Bldg 302 FAX: 978-281-9301 Galveston, TX 77551 Steve. Block(knoaa.gov PH: 409-766-3699 CELL: 409-621-6408 Matt Collins FAX: 409-766-3575 55 Great Republic Drive Kristopher.BensonAnoaa.goy Gloucester, MA 01930 PH: 978-281-9142 North/South Carolina/Georgia FAX: 978-281-9301 Howard Schnabolk Mathias. CollinsAnoaa. gov NOAA Coastal Services Center 2234 South Hobson Avenue Eric W. Hutchins North Charleston, SC 29405-2413 55 Great Republic Drive PH: 843-740-1328 Gloucester, MA 01930 CELL: 843-312-9995 PH: 978-281-9313 FAX: 843-740-1224 FAX: 978-281-9301 Howard. SchnabolkAnoaa.gov Eric. HutchinsAnoaa. gov 11 RI/CT/NJ/Buzzards Bay/MA/ Long Mary Andrews Island north shore/NY 410 Severn Ave 107A James G Turek Annapolis, MD 21403-2524 28 Tarzwell Dr PH: 410-267-5644 Narragansett, RI 02882 FAX: 410-267-5666 PH: 401-782-3 3 3 8 Mary. AndrewsAnoaa. ov FAX: 401-782-3201 James. G. TurekAnoaa. _ ov Stephanie Westby 410 Severn Ave 107A Bryan DeAngelis Annapolis, MD 21403-2524 28 Tarzwell Dr PH: 410-295-3153 Narragansett, RI 02882 FAX: 410-267-5666 PH: 401-782-3 3 3 7 Stephanie. WestbyAnoaa. _ ov FAX: 401-782-3292 Bryan. DeAngelisAnoaa.gov Virginia Walter Priest NJ/NY/PA/DE VIMS P.O. Box 1346 Bethany Bearmore Greate Rd., Route 1208 JJ Howard Marine Science Lab Gloucester Point, VA 23062 74 Magruder Rd PH: 804-684-73 85 Highlands, NJ 07732 FAX: 804-684-7910 PH:732-872-3069 Walter. Priest(&,noaa. gov FAX: 732-872-3077 Bethany. Bearmoreknoaa. gov Great Lakes: Terry Heathe Carl Alderson 4840 South State Road JJ Howard Marine Science Lab Ann Arbor, MI 48108-9719 74 Magruder Rd PH: 734-741-2211 Highlands, NJ 07732 FAX: 734-741-2055 PH: 732-872-3087 Terry. Heatlieknoaa. gov FAX: 732-872-3077 Carl.Aldersonknoaa. oy Julie Sims 4840 South State Road Chesapeake Bay/MD/DE/PA: Ann Arbor, MI 48108-9719 Richard L. Takacs PH: 734-741-23 85 410 Severn Ave 107A FAX: 734-680-5671 Annapolis, MD 21403-2524 Julie.Simsknoaa.gov PH: 410-267-5672 CELL: 301-346-8374 Restoration Center HQ: FAX: 410-267-5666 Summer Morlock Rich. Takacsknoaa. gov NOAA Fisheries 1315 East West Highway F/HC3 Silver Spring, MD 20910 301-427-8677 Summer. Morlockknoaa. gov 12 Appendix II TNC State and Regional Contacts URL is provided where online reports provide initial guidance on TNC's priority conservation areas Hawaii Oregon Kim S . Hum Jena Carter Marine Program Director Program Director The Nature Conservancy, Hawaii Program Oregon Field Office 923 Nuuanu Ave. 821 SE 14th Avenue Honolulu, HI 96817 Portland, OR, 97214 Ph: 808-587-6244 Ph: 503 802 8114 Fax: 808-545-2019 dvanderschaaf(a�,tnc.org khum(cz�,tnc.org California Alaska Mary Gleason Corinne Smith Assoc. Director of Science Mat -Su Basin Program Director Monterey Office Alaska Field Office 99 Pacific Street 715 L Street Suite 200g Suite 100 Monterey, CA, 93 940 Anchorage, AK, 99501 Ph: 831 333 2049 Ph:- 907 276-3133 m leasonAtnc.org corinne smith(cz�,tnc.org Gulf of Mexico Southeast Alaska (TX, LA, MS, AL) Norman Cohen Jennifer Greene SE Alaska Program Director Marine Scientist, Eastern Division Alaska Field Office, Juneau 99 Bedford Street, 5th Floor 416 Harris Street Boston, MA 02111 Suite 301 Ph: 617 532 8353 Juneau, AK, 99801 reene(ktnc.or Ph:- 907-789-1791 ncohen(.&nc.org Puerto Rico & USVI Aaron Hutchins Washington Country Representative Paul Dye USVI Program Program Director 3 052 Estate Little Princess Washington Field Office Christiansted 1917 1 St Avenue St. Croix, VI, 00820 Seattle, WA, 98101 Virgin Islands Ph:- 206 854 8803 Ph:- 340 718 5575 pdye Atnc.org ahutchinsAtnc.org Please visit; http://waconservation.org/downloads/ 13 Southeast USA (Cape Hatteras to SC) Mary Conley SE Marine Conservation Director Charleston SC Office 960 Morrison Drive Charleston, SC, 29403 Ph: 843 937 8807 mconley(cr�,tnc.org e Florida Anne Birch FL Director of Marine Conservation Brevard County FL Office 201 North Riverside Drive Suite B Indialantic, FL 32903 Ph: 321 956 7711 abirch(cz�,tnc.org Northeast USA (Cape Hatteras to ME) Jennifer Greene Marine Scientist, Eastern Division 99 Bedford Street, 5th Floor Boston, MA 02111 Ph: 617 532 8353 jgreeneAtnc.org Other States & Territories Boze Hancock TNC-NOAA Partnership Coord. Global Marine Team URI Narragansett Bay Campus South Ferry Road Narragansett, RI, 02882 Ph: 401 874 6121 Cell: 401 644 9472 bhancockAtnc.or Some marine and many freshwater priority conservation areas (Portfolio Sites) are indicated at: http://maps.tnc.org/coredata 14 APPENDIX III PROJECTED BUDGET TEMPLATE COMMUNITY -BASED HABITAT RESTORATION PROJECT BUDGET CATEGORIES REQUESTED NOAA FUNDS APPLICANT MATCH** THIRD PARTY MATCH** TOTAL DESCRIPTION (elaborate in narrative) Salaries Fringe Benefits Travel Supplies Contractual Other: (Specify)* Other: (Specify) Other: (Specify) Total Direct Costs Indirect Costs (see note 3 below) TOTAL* * Equipment purchases over $5,000 per item are not allowable under this RFP. * * Please indicate whether confirmed or pending. NARRATIVE. Provide detail (by budget category) on how the funds requested, or provided as match, will be used to meet the goals of this project. Please include the following: 1) Specify where possible the sources of confirmed match or potential sources of match. 2) Also, at the end of the narrative include the total project budget amount if it is greater than what is represented by the NOAA requested funds plus match, and state whether these additional leverage funds are federal or non-federal. 3) Please identify Fringe Benefits rates used in Narrative. 4) This RFP allows for reimbursement of up to 23.13% in indirect costs. To recover indirect costs under this RFP, the organization must have an indirect cost recovery rate that is based upon either a) a negotiated indirect cost rate agreement with the U.S. government or b) a documented methodology for recovering indirect costs. 15 APPENDIX IV DEFINITION OF RESTORATION & REPRESENTATIVE ACTIVITIES TNC's definition of "restoration" closely mirrors that published by the National Research Council in their book on Restoration of Aquatic Ecosystems: "Restoration is defined as the return of an ecosystem to a close approximation of its condition prior to disturbance. In restoration, ecological damage to the resource is repaired. Both the structure and the functions of the ecosystem are recreated. Merely recreating the form without the functions, or the functions in an artificial configuration bearing little resemblance to a natural resource, does not constitute restoration. The goal is to emulate a natural, functioning, self-regulating system that is integrated with the ecological landscape in which it occurs. Often, natural resource restoration requires one or more of the following processes: reconstruction of antecedent physical hydrologic and morphologic conditions; chemical cleanup or adjustment of the environment; and biological manipulation, including revegetation and the reintroduction of absent or currently nonviable native species." An illustrative, but not exhaustive, list of possible restoration activities to be funded under this national partnership might include: ■ Restoring marsh, wetland, seagrass, or riparian communities through revegetation, invasive plant control, natural recontouring of the landscape, removing levees and artificial drainage systems, and related activities. ■ Restoring natural shellfish reefs and beds in estuarine areas through introducing appropriate substrate for shellfish settlement and growth, creating adult spawner sanctuaries and/or seeding juvenile shellfish. ■ Restoring habitat through re -introduction or enhancement of native populations of aquatic organisms and control of invasive plant and animal species. ■ Working with landowners or managers to restore water clarity, quality, and natural flow of fresh and saltwater. ■ Working with water managers to restore natural volumes and timing of freshwater flows through rivers and into estuarine and coastal areas, and to remove or reduce the impacts of barriers to the movement of aquatic organisms in rivers and estuaries. Section 319 Grant Information FLOR&A WORM cott Florida Department of Rick rrior Environmental Protection Jennifer Carroll Bob Martinez Center Lt. Governor 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Herschel T. Vinyard Jr. Secretary TO: Applicants for Section 319 Grant funding for the FY13 Federal Fiscal Year FROM: Kristine Papin Jones, Administrator, Nonpoint Source Management Section DATE: March 19, 2012 SUBJECT: FY 2013 Application Guidance for the Section 319 Nonpoint Source Management Program Grant Proposal The DEP Nonpoint Source Management Section (NPSM) is pleased to announce the solicitation for the FY 2013 Section 319 grant and welcomes you to apply for grant funds for your nonpoint source management projects. The NPSM administers grant money received from the U.S. EPA through Section 319 of the Federal Clean Water Act. These grant funds are used to implement projects to manage nonpoint sources of pollution and restore our impaired waterbodies. Nonpoint source (NPS) pollution refers to diffuse sources of pollution. It is caused by rainfall moving over and through the ground. As the runoff moves, it picks up and carries away natural and human -made pollutants, finally depositing them into lakes, rivers, wetlands, coastal waters, and even our underground sources of drinking water. Nonpoint sources include stormwater runoff from urban areas and agricultural operations, failing septic tanks, and erosion. NPS pollution is the leading cause of water pollution in Florida today. Managing these sources is critical to meeting Total Maximum Daily Loads (TMDLs) of pollutants for impaired waters as required by the Clean Water Act. In recent years, DEP has awarded Section 319 funds between $4 million and $5 million annually to local governments and others in Florida to implement projects designed to reduce the impacts of NPS pollution. Eligible grant recipients include state agencies, local governments, colleges, universities, non-profit organizations, public utilities, and state water management districts and priority is given to recipients actively engaging in the BMAP process. The majority of funding is used to support the construction of stormwater treatment facilities; however, funding has also been used for demonstration projects (for agricultural and urban best management practices (BMPs)), training opportunities, and education programs. Upon selection and EPA approval, DEP and the Grant Recipient must enter into a contract. The contract is managed by DEP's Nonpoint Source Management Section and the recipient's designated manager. Grant funds are administered on a cost - reimbursement basis. The grant period has been shortened by federal requirements and projects now must be completed within approximately three years. Grant funds become available approximately one and a half years after project selection. Descriptions of previously funded projects, proposal ranking information, and the new FY13 application form can be found on the Department's website at: http://www.dep.state.fl.us/water/ nonpoint/319h.htm The schedule for the FY 2013 grant cycle is as follows: ➢ May 25, 2012 - Project proposals are due to the Department for review and ranking. ➢ Summer 2012 - Projects will be evaluated for consideration. ➢ September 30, 2012 - Selected projects will be sent to EPA for approval in a draft Work Plan and status letters will be mailed to all applicants. ➢ Spring 2013 - EPA will provide comment and/or approval of the draft Work Plan. ➢ Fall 2013 - Federal funding will be provided to the state and contracts will be initiated for projects included in the Final Work Plan. ➢ Spring 2014 - Most contracts will be executed and in place. No costs may be reimbursed for work occurring outside the contract period. This year's selection process and grant application has been altered from previous years. You will benefit by carefully reading this guidance, the application instructions, and the scoring sheet attached to this solicitation. Failing to abide by these instruction could result in your project being denied funding. 1. Eligible and non -eligible costs: ➢ Section 319 funds may not be used for planning, engineering, design, or land acquisition. ➢ Section 319 funds may not be used for monitoring unrelated to a project, conducting waterbody assessments, or preparing watershed plans. 2. Required match: Projects should include a minimum 40% non-federal match (that is, Section 319 funding may not exceed 60% of the total eligible project cost). Excluded from match are the following: ➢ Alternative federal funding. While you are encouraged to seek out and obtain funding from all sources, including federal sources, federal funding and other federal in -kind services cannot count as match. ➢ Land. Land acquisition cannot count towards match. 3. Tasks and Budget Categories: Applications must identify clearly the budget categories for each task described for both grant and match dollars. The task description should answer questions about what the funding requested will be used for. Funding categories for 319 grants include: ➢ Salaries: You must include the table provided in the application identifying the positions that will be paid under the grant, their hourly rate is, and how many hours it is anticipated they will work on the project. You must clearly describe what the named staff will work on relating to the project. For example, if paying for a PE, you must explain what his responsibilities will be in order to justify the hours included in the application. ➢ Fringe Benefits: Provide the fringe benefit rate and the benefits included in the rate in the same table for salaries. ➢ Travel: You must explain who will be traveling, to where, and include those costs in the correct task. ➢ Contractual Services: If you will be hiring a subcontractor to complete a task (for example, completing all construction, or completing all design), state that in your task description and include the budget in the appropriate task. ➢ Equipment: Please state what equipment (including all items over $1,000) will be purchased and what they will be used for. They must be tied to a specific task. For example, if purchasing a monitoring well, it must be clearly stated in the monitoring task. ➢ Supplies/ Other Expenses: Please state what supplies will be purchased or name other expenses expected to be incurred in order to complete the task. An example of three task descriptions and associated budget is below. TASK NUMBER: 1 TASK NAME: Final Design and Permitting TASK DESCRIPTION (detailed): Grantee will be responsible for obtaining all necessary permits for construction of the project as described in Task 3. Grantee will contract out permitting work; however, Grantee's Environmental Engineer will spend approximately 25 hours reviewing necessary permit documents prior to submittal. DELIVERABLES: Submission of copy of final design; copy of all required permits. Maximum Hourly Fringe Maximum Total Maximum Total Position Hours Rate Benefit (%) Fringe per per position position Environmental 25 $23.95 14 $83.83 $682.58 Engineer TOTAL 25 $23.95 14 % $83.83 $682.58 TASK NUMBER: 2 TASK NAME: Advertise Project for Bid TASK DESCRIPTION (detailed): Grantee will bid the permitted project for construction, review and tabulate the bids, and select the contractor. The Grantee's Environmental Engineer will spend approximately 55 hours conducting the bid process. The Supervising Engineer will spend approximately 5 hours reviewing the bids and ensuring laws were properly followed. Additionally, supplies required include paper, postage, and ink in order to complete the bid. Maximum Hourly Fringe Maximum Total Maximum Total Position Hours Rate o Benefit (/o) Fringe per per position position Environmental 55 $23.95 14 % $83.83 $682.58 Engineer Supervising 5 $44.59 28 % $64.43 $287.38 Engineer TOTAL 1 60 1 varies I varies 1 $148.26 $969.96 DELIVERABLES: Submission of copy of bid package and selection of contractor. TASK NUMBER: 3 TASK NAME: BMP Implementation TASK DESCRIPTION (detailed): Grantee will construct a settling pond, wetlands, and construction of a maintenance pathway in accordance with the drawing attached to this agreement and as modified during Task 1. A parking area shall be constructed within the Shady Tree Park, which is currently owned by the City in addition to the rehabilitation of an existing kayak launch, pedestrian bridge to allow residents better access to the facility to view the items installed in Task 4. Work will be conducted by a contractor. DELIVERABLE: Provide to the Department stormwater inspection reports; photographs of completed project; as -built certification; and signed statement from Grantee's grant manager indicating construction has been completed in accordance with design. PROJECT BUDGET BY CATEGORY and TASK: Task No. Category Grant Funding Match Funding Match Source 1 Contractual $0 $55,000 City of XYZ Salaries $0 $682.58 City of XYZ TOTAL FOR TASK $0 $55,682.58 City of XYZ 2 Supplies $0 $150.00 City of XYZ Salaries $0 $969.96 City of XYZ TOTAL FOR TASK $0 $1119.96 City of XYZ 3 Contractual $600 f465 $387,480 City of XYZ TOTAL FOR TASK $600,465 $387,480 City of XYZ 3. Comprehensive Watershed Plan: Section 319 funding is divided by EPA into "base" and "incremental" funding. Projects that are identified in or otherwise implement "comprehensive watershed plans," as defined below, are eligible for incremental funding. Projects not part of a comprehensive watershed plan are only eligible to receive base funding. We anticipate that nearly $4,000,000 of incremental funds may be available for FY13 while significantly less base funds are expected to be available. EPA defines a comprehensive watershed plan as one that contains all nine elements listed below. Your application must identify the name of the watershed plan (or combination of plans) to which your project applies. The named plan must meet the elements listed below and identify the strategy in the plan that your project implements. Surface Water Improvement and Management (SWIM) Plans, National Estuary Program Management Plans, TMDL Implementation Plans, stormwater master plans, or other watershed plans are examples of plans that may qualify as comprehensive watershed plans for incremental funds. It is the plan that must meet all the nine elements, not your specific project. Do not send a copy of the plan with your submittal. The nine elements of a comprehensive watershed plan are: 1. An identification of the causes and sources or groups of similar sources that will need to be controlled to achieve the load reductions estimated in this watershed -based plan. 2. An estimate of the load reductions expected for the management measures described under item (c) below. 3. A description of the NPS management measures that will need to be implemented to achieve the load reductions estimated under item (b) above and an identification of the critical areas in which those measures will be needed to implement this plan. 4. An estimate of the amounts of technical and financial assistance needed, associated costs, and/or the sources and authorities that will be relied upon, to implement this plan. 5. An information/education component that will be used to enhance public understanding of the project and encourage their early and continued participation in selecting, designing, and implementing the NPS management measures that will be implemented. 6. A schedule for implementing the NPS management measures identified in this plan that is reasonably expeditious. 7. A description of interim, measurable milestones for determining whether NPS management measures or other control actions are being implemented. 8. A set of criteria that can be used to determine whether loading reductions are being achieved over time and substantial progress is being made toward attaining water quality standards and, if not, the criteria for determining whether this watershed -based plan needs to be revised or, if a NPS TMDL has been established, whether the NPS TMDL needs to be revised. 9. A monitoring component to evaluate the effectiveness of the implementation efforts over time, measured against the criteria established under item (h) immediately above. If you have any questions or need further information, please call me at (850) 245-8682 or email me at Kristine.P.Tones@dep.state.fl.us. Sincerely, Kristine Papin Jones Administartor Nonpoint Source Management Section Florida Department of Environmental Protection Phone: (850) 245-8682 Fax: (850) 245-8434 Email: Kristine.P.Tones@dep.state.fl.us Attachment 1: FY13 Proposal Application with form fields (For a version without form fields use Attachment 4. Attachment 2: Proposal Evaluation Form Attachment 3: Supplemental Information for Section 319(h) FY 2013 Agricultural Project Applications Attachment 4: Alternate FY13 Proposal Application Form without form fields (Submit only if you are unable to use Attachment 1. South Florida Coastal Program Grant Information Coastal Program PROGRAM OBJECTIVES U.S. Fish and Wildlife Service South Florida Coastal Program Announcement of Financial Assistance Fiscal Year 2012 U.. FTS" & 1dYTUnLCF'F SHMfICE A ti To develop cooperative agreements that provide funding for technically sound and cost effective projects that restore or enhance degraded coastal wetlands, uplands, estuaries, and riparian corridors; including the removal of exotic vegetation from coastal areas; and promoting public awareness of south Florida's ecological issues; and To form partnerships in south Florida in joint effort to conserve, restore, and enhance coastal resources and habitat. To implement the Service's Strategic Habitat Conservation (SHC) framework focused on population objectives and take the next steps in our conservation work across a suite of challenging issues including the most compelling one of our time -- accelerating climate change. PROJECT GOALS • Ultimately result in on -the ground restoration or enhancement of coastal habitats, focusing on landscape level initiatives • Improve habitat for fish and wildlife resources, including federally protected species • Collaborate with partners to combine resources and increase effectiveness • Leverage additional funding or other in -kind goods and/or services towards the total project cost • Incorporate SHC (http://www.fws.gov/southeast/SHGpdf/LandscapeConservationQA-10232008.pdfl into projects with consideration of potential climate change effects and resiliency of restoration activities to factors including, but not limited to, sea level rise. Selected projects are funded from annual appropriations to the Coastal Program. Although project ideas may be developed and project descriptions may be submitted throughout the year, please bear in mind that our final funding allocations are typically distributed in mid -spring. Therefore, in order to be considered for funding in FY 2012, please ensure that project descriptions are submitted no later than April 9, 2012. Projects will be evaluated by staff in the South Florida Ecological Services Office and those selected will enter into cooperative agreements. During the cooperative agreement process, project contacts may be asked to provide additional details of the work to be accomplished. If you are aware of a project idea or need but are unsure of how to best develop it into a full project description, please feel free to contact the Trust Resources Supervisor for guidance (see contact information below). PROJECT INFORMATION Project Title Contact Information: Include name, affiliation, mailing address, telephone, fax, and e-mail address for each principal investigator and co -investigator. Clearly indicate who the applicant is and what form of entity it is (e.g., Federal, state, or local government; academic institution; non -governmental organization; non-profit group; or citizen). Biological Planning Project Objectives: Outline the plan of action and detail how the proposed work will be accomplished. Projects may be multi -year in scope or a phased approach (up to 3 years). If a project will occur over more than 1 year, indicate specifically what accomplishments (including acres restored or enhanced) will be completed each year. Project Benefits to Coastal Ecosystems: (1) Note target/umbrella species and, if available, specific population objectives for these species. Be sure to describe how any state or federally protected species will benefit from the project; (2) provide background information on any problems the project seeks to resolve and the project's relevance to south Florida's coastal ecosystem; and (3) outline the anticipated long-term and permanent results. Conservation Design Habitat Priority and Landscape Level Issues: Including how conservation practices to be implemented will address key habitat limiting factors and threats to the target or umbrella species. Project Location and Description: Provide a figure of the project area (include latitude and longitude; section, township, and range; county), and clearly describe the approach and specific methods required to accomplish the project. Include the following: (1) geographic extent of the benefits, including those that go beyond the project boundaries (e.g., landscape level benefits); (2) type of habitat and amount of area to be restored or permanently protected (e.g., linear feet of shore line, acres); and (3) background on any problems the project seeks to resolve and the project's relevance to south Florida's coastal ecosystems. Clearly quantify the amount of restoration (e.g., acreage per habitat type such as wetlands, riparian, uplands, etc.) and indicate whether ownership of the project area is public or private. Conservation Delivery Contributing Partners: Identify each partner and what type of entity it is, define its role and responsibilities in completing the project, and clearly itemize what each will contribute (e.g., funds, staff hours, volunteer hours, technical support) and the dollar value. Please list all partners associated with the project, even those not contributing financial assistance. Project Costs: Indicate the total cost to complete the project and provide a detailed budget itemizing individual component costs, including all indirect and overhead costs. Indicate how much funding is being requested from the Coastal Program and what project components this funding will pay for. In addition, indicate the amount of cash and in - kind contributions each partner will contribute. Statement of Products: Identify each product that will result from the project, in addition to quantifying the amount of restoration (in acres per habitat type, stream miles, linear feet of shoreline, etc.). For multi -year projects, please specify how many acres will be restored or enhanced during each year of the agreement. Time Frame: Provide a detailed schedule of project implementation, duration, monitoring, reporting (semiannual and annual), and milestones. Identify anticipated completion date for each product. Actions to Date (if any): Describe past or current activities that are relevant to the project, such as previously initiated or completed projects that could affect project initiation or offset the total project cost. Permits: Projects that require Federal, state, local, or private authorization (e.g., permits, permission to access or conduct activities on public or private lands) must demonstrate that they have or will have the necessary authorizations necessary to complete the project. Additional environmental compliance documentation may be requested from those projects selected for funding. Outcome -based Monitoring Describe monitoring plan; if available provide reference. Briefly summarize outcome -based accomplishment measure to be monitored relative to target species and population objectives. OTHER INSTRUCTIONS Applicants are asked to submit one hard copy of each project description and one electronic copy (.DOC file) to the addresses below. The electronic files may be sent via email, but please pay attention to the file size and send multiple emails if necessary. Please limit project descriptions, excluding attachments, to five pages in length with fonts no smaller than 12 point; Other attachments should be limited to literature cited, aerial images, maps, project design schematics, and other figures; For more information or if you have any questions, please contact: Craig Aubrey Trust Resources Supervisor U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida, 32960 Phone: (772) 562-3909 (ext. 309) Email: craig_aubrey@fws.gov National Coastal Wetlands Conservation Grant Program Grant Information 49264 Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002/Rules and Regulations annually. It is not estimated to result in the expenditure by motor vehicle and motor vehicle equipment manufacturers, child restraint system manufacturers, and tire manufacturers of more than $109 million annually. Authority: Sec. 3, Pub. L. 106-414, 114 Stat. 1800 (49 U.S.C. 30102-103, 30112, 30117-121, 30166-167); delegation of authority at 49 CFR 1.50. Issued on: July 24, 2002. Jeffrey W. Runge, Administrator. WR Doc. 02-19200 Filed 7-29-02; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 84 RIN 1018—AF51 National Coastal Wetlands Conservation Grant Program AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: This final rule establishes the requirements for participation in the National Coastal Wetlands Conservation Grant Program authorized by the Coastal Wetlands Planning, Protection and Restoration Act (Act) and provides guidance for the Program's administration by the U.S. Fish and Wildlife Service (referred to as "Service," "we," and "us" within this rule). It replaces interim procedures and clarifies guidance for preparation, submission, and evaluation of proposed projects and administration of funded projects. DATES: This rule is effective July 30, 2002. ADDRESSES: The complete file for this rule is available for inspection, by appointment, during normal business hours at the Division of Fish and Wildlife Management and Habitat Restoration, Fish and Wildlife Service, U.S. Department of the Interior, Room 840, 4401 North Fairfax Drive, Arlington, Virginia 22203. FOR FURTHER INFORMATION CONTACT: Sally Valdes-Cogliano, Division of Fish and Wildlife Management and Habitat Restoration, by telephone (703) 358- 2201; fax (703) 358-2232; e- mail<sally_ valdescogliano@fws.gov> or Gary Reinitz, Division of Federal Aid, by telephone (703) 358-2159; fax (703) 358-1837; e-mail.gary reinitz@fws.gov. SUPPLEMENTARY INFORMATION: Background What Is the National Coastal Wetlands Conservation Grant Program? The Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3951-3956) authorizes the Director of the Service to make matching grants to coastal States for acquisition, restoration, enhancement, management, and preservation of coastal wetlands. Grants are available annually on a competitive basis to coastal States. Funding for this Program comes from the Sport Fish Restoration Account, which is supported by excise taxes on fishing equipment, and motorboat and small engine fuels. The primary goal of the National Coastal Wetlands Conservation Grant Program is the long-term conservation of coastal wetland ecosystems. It accomplishes this goal by helping States in their efforts to protect, restore, and enhance their coastal habitats. The Program's accomplishments are primarily on -the -ground and measured in acres. Why Protect Coastal Wetlands? Coastal wetlands provide essential fish and wildlife habitat. Coastal ecosystems comprise less than 10 percent of the Nation's land area, but support a much higher proportion of our living resources. Specifically, coastal areas support a high percentage of our threatened and endangered species, fishery resources, migratory songbirds, and migrating and wintering waterfowl. In addition to wildlife benefits, wetlands provide substantial flood and storm control values and can reduce the need to construct expensive flood control structures. They make an important contribution to water quality by recharging groundwater, filtering surface runoff, and treating waste, and they provide natural areas important for recreational and aesthetic purposes. Uplands associated with wetlands provide food and cover to wildlife and buffer wetlands from soil erosion and contaminants. In the coterminous United States, more than half of the estimated original 221 million acres of American wetlands have been destroyed since European settlement. The concentration of the U.S. population in coastal areas is a continuing source of development pressure on the remaining coastal wetlands. What Has the Program Accomplished? Since the Service began awarding grants in 1992, we have awarded about $105 million to 25 States and 1 U.S. territory to protect and/or restore about 130,000 acres of coastal wetland ecosystems. The Program's emphasis on encouraging partnerships, supporting watershed planning, and leveraging ongoing projects has helped stretch program funds. The resource benefits of this Program have included habitat protection and restoration for migratory birds, shorebirds, waterfowl, endangered and threatened species, and fish and shellfish. Why Do We Need This Rule? The National Coastal Wetlands Conservation Grant Program is currently being administered using internal interim program guidance and the standard grant administration policies of our Federal Aid Program. We believe administration of the Program could be improved through regulations specifically tailored to meet the needs of the Program. Accordingly, the rule uses a plain English style, provides examples to illustrate concepts, and combines current guidance in one place. It should result in a streamlined proposal preparation, review and grant administration process. Currently, we evaluate grant requests received from the State agencies on an annual schedule. In the last few years, the number of proposals received annually by the Service National Office has ranged from 29 to 36. A review panel consisting of Service personnel representing the coastal Regions of the Service and specific program areas (for example, the Fisheries and Habitat Conservation, Endangered Species, and Refuges Programs) reviews and ranks all proposals. Based on the rankings of the panel, recommendations are sent to the Director of the Service, who makes the final determination of which projects will receive grants. The basic schedule and procedures will not change significantly with this rule. The criteria for selecting proposals in this final rule have been modified from the interim guidance. For example, a new criterion has been added to give credit to projects that provide benefits to migratory birds. Also, we have expanded the discussion of each criterion to clarify project scoring. The changes were based on comments provided by Service personnel who have reviewed National Coastal Wetlands Conservation Grant proposals. These criteria can be found in the rule portion of this document. Summary of Comments and Recommendations In the proposed rule that was published August 20, 2001 (66 FR 43555), we requested that interested parties submit any comments they might have. We particularly sought Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations 49265 comments from the affected State agencies. The comment period was from August 20, 2001, to October 4, 2001. We received comments from nine State government agencies. These comment letters provided suggestions and comments on a wide range of topics. We have considered all the comment letters received during the comment period and have made minor changes to improve and clarify the rule in response. Summaries of the major comments or issues follow. Issue 1: Do we need to extend the period for the development of the grant agreement? Response: We agree that a longer period for development of the grant agreement is appropriate. Resolving all the compliance issues that need to be addressed before a grant agreement is signed can be difficult. We are revising § 84.42 so that funds allocated for a grant will be held until December 31 of the following year. Issue 2: What is the relationship between the goals of the National Coastal Wetlands Conservation Grant program and the Long-term and Annual Performance Goals of the Service? Response: Long-term conservation of coastal wetlands is the primary goal of the Program. The results can be quantified in terms of acres enhanced, protected, and/or restored. (See § 84.10 for the goal statement.) When States conserve their wetlands resources using this program we all achieve benefits to habitat and wildlife. The discussion of performance measures in the rule in § 84.30(a)(2)(v) has been clarified to explain where to find the Service's Long-term and Annual Performance Goals and the relationship of these goals to the Grants Program. Issue 3: Should the annual grant schedule be changed? Response: The schedule in the rule reflects the current operating schedule for the Grants Program. We examined the effects of moving deadlines but have decided to maintain the current schedule. Issue 4: Is the definition of ineligible activities too restrictive? Do we need to distinguish between planning activities for stand-alone grants, and planning as a minimal part of a grant objective? Response: The focus of this Grant Program has always been on -the -ground accomplishments —through land acquisitions, easements, restoration and enhancement activities —and its accomplishments are measured in acres. We have modified the description of ineligible activities in § 84.20(b) to clarify that planning activities of a minimal nature and necessary to complete the project could be allowable. Issue 5: The definition of a "substantial proposal" should include that it is consistent with State and Regional watershed plans. Consistency should be encouraged and rewarded in the grant scoring process. Response: We agree that project proposals should take into account watershed plans. One of the ranking criteria in § 84.32 is specifically designed to give credit to proposals that demonstrate the value of the proposal in connection with wider planning efforts. Issue 6: For the purposes of this rule, how should we define maritime forests? Response: The current definition is not intended to include all kinds of maritime forests that might be included from a strictly biological perspective. It is, instead, focused on protection of the maritime forests characteristic of the southeastern United States. This area was considered to be, when the Coastal Wetlands Planning, Protection and Restoration Act was passed, extremely beneficial in protecting the coast and also under severe development pressure. Issue 7: Should regionally threatened wetland types be given the same priority as nationally decreasing wetland types? Response: The Coastal Wetlands Planning, Protection and Restoration Act states that the Director of the Service should give priority to coastal wetlands conservation projects that are consistent with the National Wetlands Priority Conservation Plan developed under Section 301 of the Emergency Wetlands Resources Act (16 U.S.C. 3921). This Conservation Plan, which was published in 1991, categorized wetland types into declining, stable, and increasing. Types that were declining nationally do need to receive priority under the National Coastal Wetlands Conservation Grant Program scoring system. We recognize that certain important wetland types can be declining regionally even if they are not declining nationally. For this reason, we included in this rule the possibility of regionally decreasing types receiving credit in the scoring system if the case for regionally declining types is well -documented (see § 84.32(a)(1)(i)). Issue 8: How should we define long- term conservation? Should we handle restoration and acquisition differently? Response: Long-term conservation is a requirement established by the Act for this program. This rule requires that projects provide conservation for at least 20 years. In selecting this number we looked at the requirements of other programs. For this one criterion, acquisition projects may have some advantage over restoration projects, but this is one criterion among many and we do not want to establish separate ranking criteria for acquisition and restoration. Effective Date This rule is effective upon publication. In accordance with 5 U.S.C. 553(d)(3), we believe that we have good cause for making this rule effective upon publication to ensure that the rule is in effect during the next funding cycle for the National Coastal Wetlands Conservation Grant Program. This rule will benefit those entities seeking grants under this Program. This rule provides helpful information to grant applicants in preparing their applications and will help ensure that the Service applies fair and consistent standards in reviewing the grant applications. What Are the Environmental Effects of This Regulation? This final rule is a regulation of an administrative and financial nature. Therefore, the action is categorically excluded under 516 DM 2, Appendix 1.10 from any environmental documentation pursuant to the National Environmental Policy Act (NEPA). However, subsequent actions involved with acquisition, restoration, or enhancement will require further compliance with NEPA on a case -by - case basis. Compliance with NEPA and other environmental laws and Executive Orders such as the Endangered Species Act, Coastal Barrier Resources Act, Coastal Barrier Improvement Act, Coastal Zone Management Act, Executive Orders on Floodplains (E.O. 11988) and Wetlands (E.O. 11990), other applicable executive orders on historic/ cultural resources, prime and unique farmlands, and the Clean Water Act will be satisfied before we approve grant agreements for any project. Does This Rule Have Any Information Collection Requirements? This rule's information collection requirements include those necessary to fulfill applicable requirements of 43 CFR part 12, and these have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.). This section of the Code of Federal Regulations provides the uniform administrative requirements for grants and cooperative agreements to States and local governments. The required forms include a grant agreement form, USFWS Form 3-1552 (OMB control number 1018-0049); an amendment to the grant agreement form, USFWS Form 3-1591 (OMB control 49266 Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations number 1018-0049); the Federal Aid Grant Application Booklet, which was approved by OMB on January 18, 2001, (OMB control number 1018-0109); the NEPA Compliance Checklist, USFWS Form 3-2185 (OMB control number 1018-0110); and the Summary Information for Ranking National Coastal Wetlands Grant Program Proposals, USFWS Form 3-2179 (OMB Control Number 1018-0111). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Required Determinations Regulatory Planning and Review In accordance with the criteria in Executive Order 12866, this rule is a significant regulatory action. OMB makes the final determination of significance under Executive Order 12866. This rule will not have an annual effect of $100 million or adversely affect an economic sector, productivity, jobs, the environment, or other units of government. A cost -benefit and economic analysis is not required. The entities affected by this final rule are State natural resource agencies. The primary intended effect is to augment State efforts to conserve their coastal wetland resources. The program is completely voluntary; States choose whether to submit proposals for matching grants. New funds available each year are determined as a percentage of monies received by the Sport Fish Restoration Fund. However, the total receipts for a given year for this program are limited by the Coastal Wetlands Planning, Protection and Restoration Act to $15 million. Receipts for the last few years have been in the $10 million to $13 million range. This last grant cycle included $13 million in new money and $1.5 million available as carryover from previous years. This rule will not create inconsistencies with other agencies' actions. The Service is charged with administering the National Coastal Wetlands Conservation Program by the Coastal Wetlands Planning, Protection and Restoration Act. This Program supports and augments State efforts to conserve their resources. States voluntarily choose to participate, and no other Federal agencies have responsibilities associated with this Grant Program. Some Federal agencies have participated voluntarily on specific projects as cooperators with the State agencies. This rule will not affect entitlements, user fees, loan programs, or the rights and obligations of their recipients. It will affect this specific grant program. The Service has been giving out matching grants to States under the National Coastal Wetlands Conservation Grant Program since 1992. If we continue to operate with interim procedures and general Federal Aid grant administration, the same amount of grant assistance will be given to coastal States. The main effect that we expect from this rulemaking is a streamlined proposal preparation and review and grant administration process. This rule will not raise novel legal or policy issues. As stated above, the Service has been awarding grants to States and administering this Program under the authority of the Coastal Wetlands Planning, Protection and Restoration Act since 1992. However, the purpose of this new rule is to improve the process. Regulatory Flexibility Act This final rule will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). By law, the only eligible recipients of this grant program are coastal State and territory government agencies. Operating with interim guidance, we have given out grants since 1992. This rule should not result in a major change to the Program. The Coastal Wetlands Planning, Protection and Restoration Act specifies an annual cap of $15 million that can be allocated to this program. An initial Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is also not required. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This final rule will not have an annual effect on the economy of $100 million or more; will not cause a major increase in costs or prices for consumers, individual industries, Federal, State or local government agencies, or geographic regions; and will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign -based enterprises. As stated above, the maximum amount, by law, that can be directed to this Grant Program is $15 million per year. This Program is directed exclusively at State governments. This rule might provide some contracting work at a local level for restoration projects, creating a minor positive effect on the local economy. All land purchased under this Program is paid at fair market value from willing sellers. The land involved is a relatively small amount spread over the 10 to 15 States and territories that typically receive grants in a given year. All lands acquired will be put under long-term conservation protection by the States. Some of the grants are for restoration work on lands already owned by the States. Unfunded Mandates Reform Act In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), this final rule will not significantly or uniquely affect small governments and will not produce a Federal mandate of $100 million or greater in any year, i.e., it is not a "significant regulatory action" under the Act. A Small Government Agency Plan is not required. As stated above, this rule pertains to a grant program directed at State governments. In a few cases, local governments have chosen to partner in a grant project proposed by the State. Participation in the Program is entirely voluntary. The Program income is limited to $15 million per year by the Coastal Wetlands Planning, Protection and Restoration Act. Takings In accordance with Executive Order 12630, this final rule does not have significant takings implications. A takings implication assessment is not required. The rule specifies that all acquisitions under this Program are from willing sellers. No private property will be taken from unwilling owners for the furtherance of this Program, and just compensation will be provided to willing owners. Federalism In accordance with Executive Order 13132, the final rule does not have significant Federalism effects. The rule allows eligible coastal States to make decisions regarding the selection of properties for acquisition, plan restoration projects, and take protective measures. Civil Justice Reform In accordance with Executive Order 12988, the Office of the Solicitor has determined that this rule does not unduly burden the judicial system and meets the requirements of sections 3 (a) and 3 (b) (2) of the Order. To the extent of our knowledge, no legal cases have ever been associated with this grant Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations 49267 program. The rule should actually serve to reduce the possibility of litigation by establishing specific requirements for participation in the National Coastal Wetlands Conservation Grant Program and guidance for its administration by the Service. The rule will establish a clear legal standard for affected conduct. Government -to -Government Relationship with Tribes In accordance with the President's memorandum of April 29, 1994, "Government -to -Government Relations with Native American Tribal Governments" (59 FR 22951), E.O. 13175, and part 512, chapter 2 of the Department of the Interior Manual, we have evaluated potential effects on federally recognized Indian tribes and have determined that the effects are minimal. The Coastal Wetlands Planning, Protection and Restoration Act specifies the States that can participate in this Grant Program. The Act does not provide for grants directly to Indian tribes. Tribes have, in a few cases, participated as cooperators on projects. Energy Supply, Distribution or Use (Executive Order 13211) On May 18, 2001, the President issues Executive Order 13 211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this rule is a significant action under Executive Order 12866, it is not expected to significantly affect energy supplies, distribution, and use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required. How Does the Intergovernmental Review of Federal Programs Work? This National Coastal Wetlands Conservation Grant Program is covered under Executive Order (Order) 12372 "Intergovernmental Review of Federal Programs" and 43 CFR Part 9 "Intergovernmental Review of Department of the Interior Programs and Activities." Under the Order, States may design their own processes for reviewing and commenting on proposed Federal assistance under covered programs. Coastal States and territories that have chosen to participate in the Executive Order process have established Single Points of Contact (SPOCs). Applicants from jurisdictions that do not participate do not need to take any action regarding E.O. 12372. All other applicants should alert their SPOCs early in the application process. This step will insure that applicants find out about any SPOC requirements. If you as an applicant are required to submit materials to the SPOC, indicate the date of this submittal (or the date of contact if no submittal is required) on the Standard Form 424. List of Subjects in 50 CFR Part 84 Coastal zone -wetlands, Environmental protection -natural resources, Fisheries, Grant administration, Grant programs - natural resources, Intergovernmental relations, Marine resources, Natural resources, Reporting and recordkeeping requirements, and Wildlife. For the reasons discussed in the supplementary information, we are amending subchapter F of chapter I, title 50 of the Code of Federal Regulations, by adding a new part 84, to read as follows: PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM Subpart A —General Background Sec. 84.10 What is the purpose and scope of this rule? 84.11 How does the Service define the terms used in this rule? 84.12 What are the information collection, record keeping, and reporting requirements? Subpart B—Applying for Grants 84.20 What are the grant eligibility requirements? 84.21 How do I apply for a National Coastal Wetlands Conservation Grant? 84.22 What needs to be included in grant proposals? Subpart C—Project Selection 84.30 How are projects selected for grants? 84.31 An overview of the ranking criteria. 84.32 What are the ranking criteria? Subpart D—Conditions on Acceptance/Use of Federal Money 84.40 What conditions must I follow to accept Federal money? 84.41 Who prepares a grant agreement? What needs to be included? 84.42 What if a grant agreement is not signed? 84.43 How do States get the grant monies? 84.44 What is the timetable for use of grant funds? 84.45 How do I amend a proposal? 84.46 What are the cost -sharing requirements? 84.47 What are allowable costs? 84.48 What are the procedures for acquiring, maintaining, and disposing of real property? 84.49 What if the project costs more or less than originally expected? 84.50 How does a State certify compliance with Federal laws, regulations, and policies? Authority: 16 U.S.C. 3951-3956. Subpart A —General Background § 84.10 What is the purpose and scope of this rule? The regulations in this part establish the requirements for coastal State participation in the National Coastal Wetlands Conservation Grant Program authorized by Section 305 of the Coastal Wetlands Planning, Protection and Restoration Act (Pub L. 101-646, title III; 16 U.S.C. 3954). The primary goal of the National Coastal Wetlands Conservation Grant Program is the long- term conservation of coastal wetlands ecosystems. It accomplishes this by helping States protect, restore, and enhance their coastal habitats through a competitive grants program. Results are measured in acres protected, restored, and enhanced. § 84.11 How does the Service define the terms used in this rule? Terms used have the following meaning in this part: Coastal barrier. A depositional geologic feature that is subject to wave, tidal, and wind energies; protects landward aquatic habitats from direct wave attack; and includes all associated aquatic habitats such as adjacent wetlands, marshes, estuaries, inlets, and nearshore waters. These can include islands; spits of land connected to a mainland at one end; sand bars that connect two headlands and enclose aquatic habitat; broad, sandy, dune beaches; or fringing mangroves. Coastal barriers are found on coastlines including major embayments and the Great Lakes of the United States and its territories. Coastal Barrier Resources System. A defined set of undeveloped coastal areas, designated by the Coastal Barrier Resources Act of 1982 (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591). Within these defined units of the System, Federal expenditures are restricted to discourage development of coastal barriers. Coastal States. States bordering the Great Lakes (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin); States bordering the Atlantic, Gulf (except Louisiana), and Pacific coasts (Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington); and American Samoa, Commonwealth of the Northern Mariana Islands, Guam, Puerto 49268 Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations Rico, and the Virgin Islands. (Louisiana is not included because it has its own wetlands conservation program authorized by the Coastal Wetlands Planning, Protection and Restoration Act and implemented by the Corps of Engineers with assistance from the State of Louisiana, the Environmental Protection Agency, and the Departments of the Interior, Agriculture, and Commerce.) Coastal wetland ecosystems. Ecosystems that consist of multiple, interrelated coastal land features. They include wetlands in drainage basins of estuaries or coastal waters that contain saline, brackish, and nearshore waters; coastlines and adjacent lands; adjacent freshwater and intermediate wetlands that interact as an ecological unit; and river mouths and those portions of major river systems affected by tidal influence —all of which interact as an integrated ecological unit. Shorelands, dunes, nearshore islands, barrier islands and associated headlands, and freshwater wetlands within estuarine drainages are included in the definition since these interrelated features are critical to coastal fish, wildlife, and their habitats. The definition of a coastal wetland ecosystem also applies to the Great Lakes and their watersheds, where freshwater plays a similar hydrologic role. The Great Lakes coastal wetland ecosystem is made up of multiple interrelated coastal landscape features along the Great Lakes. The Great Lakes coastal wetland ecosystem includes wetlands located adjacent to any of the Great Lakes including Lake St. Clair and connecting waters, and mouths of river or stream systems draining directly into the Great Lakes. Shorelands, dunes, offshore islands, and barrier islands and associated headlands are included in the definition since these interrelated features are critical to Great Lakes fish, wildlife, and their habitats. Coastal Wetlands Act or Act. The Coastal Wetlands Planning, Protection and Restoration Act of 1990 (16 U.S.C. 3951-3956). Eligible applicant. Any agency or agencies of a coastal State designated by the Governor. It is usually a State natural resource or fish and wildlife agency. Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland (undisturbed or degraded) site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Fund. A fund established and used by a coastal State for acquiring coastal wetlands, other natural areas, or open spaces. The fund can be a trust fund from which the principal is not spent, or a fund derived from a dedicated recurring source of monies including, but not limited to, real estate transfer fees or taxes, cigarette taxes, tax checkoffs, or motor vehicle license plate fees. Grant. An award of financial assistance by the Federal Government to an eligible applicant. Long-term conservation. Protecting and restoring terrestrial and aquatic environments for at least 20 years. This includes the hydrology, water quality, and fish and wildlife that depend on these environments. Maintenance. (These activities are ineligible under the program; the definition is included to distinguish these activities from acquisition, restoration, enhancement, and management.) Maintenance includes those activities necessary for upkeep of a facility or habitat. These activities include routine, recurring custodial maintenance such as housekeeping and minor repairs as well as the supplies, materials, and tools necessary to carry out the work. Also included is nonroutine cyclical maintenance to keep facilities or habitat improvements fully functional. Cyclical maintenance is major maintenance or renovation activities conducted at intervals normally greater than 1 year. Management. (Includes habitat management only.) Habitat management includes vegetation manipulation and restoration of habitat to support fish and wildlife populations. Creation of wetlands where they did not previously exist is not included in the definition of management. Maritime forest. Maritime forests are defined, for the purposes of this regulation, as broad-leaved forests that occur on barrier islands and along the mainland coast from Delaware to Texas. Examples are primarily characterized by a closed canopy of various combinations of live oak (Quercus virginiana), upland laurel oak (Quercus hemisphaerica), pignut hickory (Carya glabra), southern magnolia (Magnolia grandiflora), sugarberry (Celtis laevigata), and cabbage palm (Saba] palmetto). Shrubs and smaller trees typical of the understory include live oak, upland laurel oak, pignut hickory, red mulberry (Morns rubra), wild olive (Osmanthus americanus), American holly (Ilex opaca), yaupon (Ilex vomitoria), beautyberry (Callicarpa americana), bumelia (Sideraxylon spp.), and small - flowered pawpaw (Asimina parviflora). The herb layer is generally rich and diverse, typically including partridgeberry (Mitchella repens), coralbean (Erythrina herbacea), small - leaved milk pea (Galactic microphylla), tick trefoils (Desmodium spp.), and sp'kegrass (Chasmanthium sessiliflorum). Vines are represented by muscadine grape (Vitis rotundifolia), Virginia creeper (Parrhenocissus quinquefolia), and various briers (Smilax spp.). This natural community type becomes established on old coastal dunes that have been stabilized long enough to sustain forests. In time, the accumulation of humus contributes to moisture retention of soils, while the canopy minimizes temperature fluctuations by reducing soil warming during the day and heat loss at night. Because of the underlying deep sands, maritime forests are generally well - drained. Maritime forests have become prime resort and residential property because of their relatively protected locations along the coast. Although this community type originally occurred in virtually continuous strips along the Atlantic and Gulf Coasts, residential developments and infrastructure encroachments have severely fragmented most occurrences. National Wetlands Inventory. A Service program that produces information on the characteristics, extent, and status of the Nation's wetlands and deepwater habitat. The program's strongest mandates come from the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3901), which directs the Service to map wetlands, conduct wetlands status and trends studies, and disseminate the information produced. National Wetlands Priority Conservation Plan. A plan developed by the Service for the U.S. Department of the Interior at the direction of Congress through the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3901). The plan provides the criteria and guidance for identifying wetlands that warrant attention for Federal and State acquisition using Land and Water Conservation Fund appropriations. Operations. (These activities are ineligible under the program; the definition is included to distinguish these activities from acquisition, restoration, enhancement, and management.) Operations include activities necessary for the functioning of a facility or habitat to produce desired results. These include public use management and facility management. Program. The National Coastal Wetlands Conservation Grant Program. A program administered by the Service Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations 49269 that awards Federal grants through a competitive process to State agencies for projects to acquire, restore, manage, or enhance coastal wetlands. Project. One or more related activities necessary to fulfill a stated objective to provide for the long-term conservation of coastal wetlands including the lands and waters, hydrology, water quality, and wetland -dependent wildlife. These activities can include acquisition, restoration, enhancement, or management of coastal wetlands. Restoration. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded wetland. § 84.12 What are the information collection, record keeping, and reporting requirements? (a) Information collection requirements include: (1) An Application for Federal Assistance (Standard Form 424); (2) A proposal, following the guidance of OMB Circular A-102 and the Federal Aid Grant Application Booklet (OMB Control Number 1018-0109), that includes statements of need and objective(s); a description of expected results or benefits; the approach to be used, such as procedures, schedules, key personnel and cooperators, location of the proposed action, and estimated costs to accomplish the objective(s); identification of any other actions that may relate to the grant; and a description of public involvement and interagency coordination; (3) Discussion of ranking criteria, including a completed summary information form (USFWS Form 3- 2179); (4) Assurances of compliance with all applicable Federal laws, regulations, and policies (SF 424B or SF 424D); and (5) Documents, as appropriate, supporting the proposal; for example, environmental assessments (including the NEPA compliance checklist, USFWS Form 3-2185) and evaluations of effects on threatened and endangered species. (6) A grant agreement form if the proposal is selected for an award (USFWS Form 3-1552); and (7) A grant amendment form if the agreement is modified (USFWS Form 3- 1591). (b) Record -keeping requirements include the tracking of costs and accomplishments related to the grant as required by 43 CFR 12.60, monitoring and reporting program performance (43 CFR 12.80), and financial reporting (43 CFR 12.81). The project report should include information about the acres conserved, with a breakdown by conservation method (for example, acquired, restored, or both) and type of habitat (list habitat types and include the acreage of each). Are the results of the project being monitored? Is there evidence that the resources targeted in the proposal (for example, anadromous fish, threatened and endangered species, and migratory birds) have benefited? (c) Reporting requirements include retention and access requirements as specified in 43 CFR 12.82 and authorized by OMB through the Federal Aid Grant Application Booklet (OMB Control Number 1018-0109). Subpart B—Applying for Grants § 84.20 What are the grant eligibility requirements? (a) Eligible grant activities include: (1) Acquisition of a real property interest in coastal lands or waters from willing sellers or partners (coastal wetlands ecosystems), providing that the terms and conditions will ensure the real property will be administered for long-term conservation. (2) The restoration, enhancement, or management of coastal wetlands ecosystems, providing restoration, enhancement, or management will be administered for long-term conservation. (b) Ineligible activities include but are not limited to: (1) Projects that primarily benefit navigation, irrigation, flood control, or mariculture; (2) Acquisition, restoration, enhancement, or management of lands to mitigate recent or pending habitat losses resulting from the actions of agencies, organizations, companies, or individuals; (3) Creation of wetlands by humans where wetlands did not previously exist; (4) Enforcement of fish and wildlife laws and regulations, except when necessary for the accomplishment of approved project purposes; (5) Research; (6) Planning as a primary project focus (planning is allowable as a minimal component of project plan development); (7) Operations and maintenance; (8) Acquiring and/or restoring upper portions of watersheds where benefits to the coastal wetlands ecosystem are not significant and direct; and (9) Projects providing less than 20 years of conservation benefits. §84.21 How Do I Apply for a National Coastal Wetlands Conservation Grant? (a) Eligible applicants should submit their proposals to the appropriate Regional Director of the U.S. Fish and Wildlife Service. Proposals must be complete upon submission, and must include the information outlined in § 84.22 to be complete. (1) Service Regional Federal Aid Offices' responsibilities for administration of this grant program include: Notifying the States of the program, its requirements, and any changes that occur; determining the State agencies designated by the Governor as eligible applicants; ensuring that only eligible applicants apply for grants; coordinating with various Service programs to ensure that sound and consistent guidance is communicated to the States; determining proposal eligibility and substantiality; and determining 75 percent match eligibility and notifying the States of approved and disapproved proposals. (2) Service Divisions of Ecological Services in the regions and field and Fisheries and Habitat Conservation in the national office provide technical assistance and work with Federal Aid to encourage State participation in this process. (3) Send your proposals to the appropriate Regional Offices, as follows: Coastal states by service regions I Regional contact information American Samoa, California, Commonwealth of the Northern Mariana Islands, Guam, Hawaii, Oregon, and Washington (Region 1). Texas(Region 2).................................................................................... Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin (Region 3) Regional Director (Attention: Federal Aid), U.S. Fish and Wildlife Serv- ice, Eastside Federal Complex, 911 NE 11 th Avenue, Portland, Or- egon 97232-4181, (503) 231-6128. Regional Director (Attention: Federal Aid), U.S. Fish and Wildlife Serv- ice, P.O. Box 1306, 500 Gold Avenue, SW, Albuquerque, New Mex- ico 87103, (505) 248-7450. Regional Director (Attention: Federal Aid), U.S. Fish and Wildlife Serv- ice, Bishop Henry Whipple Federal Building, 1 Federal Drive, Fort Snelling, Minnesota 55111-4056, (612) 713-5130. 49270 Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations Coastal states by service regions Regional contact information Alabama, Florida, Georgia, Mississippi, North Carolina, Puerto Rico, Regional Director (Attention: Federal Aid), U.S. Fish and Wildlife Serv- South Carolina, and the Virgin Islands. Louisiana is not eligible to ice, 1875 Century Boulevard, Suite 324, Atlanta, Georgia 30345, participate under Section 305 of 16 U.S.C. 3954, because Louisiana (404) 679-4159. has its own separate program. (Region 4). Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hamp- Regional Director (Attention: Federal Aid), U.S. Fish and Wildlife Serv- shire, New Jersey, New York, Pennsylvania, Rhode Island, and Vir- ice, 300 Westgate Center Drive, Hadley, Massachusetts 01035— ginia (Region 5). 9589, (413) 253-8508. Alaska (Region 7)..................................................................................... Regional Director (Attention: Federal Aid), U.S. Fish and Wildlife Serv- ice, 1011 East Tudor Road, Anchorage, Alaska 99503, (907) 786- 3435. (b) The Program operates on an annual cycle. Regional Federal Aid Offices request proposals from the States in early April. Proposals must be received by the Regional Director on or before a due date set in early June in order to be considered for funding in the following fiscal year. Check with your Regional Office each year for the exact due dates. Regions review proposals for eligibility and substantiality. Regions may rank eligible and substantial proposals and submit them to the national office of the Service in Washington, DC, by a date set in late June. A Review Panel coordinated by the Service's National Office of Fisheries and Habitat Conservation reviews and ranks proposals in early August using the criteria established in this rule. The Director selects the proposals and announces the grant recipients at the beginning of the new fiscal year (October 1). (c) More than one agency in a State may submit proposals to the Service if the Governor determines that more than one agency has responsibility for coastal wetlands. (d) A project proposal that includes several separate and distinct phases may be submitted in phases, but any succeeding phases must compete against other proposals in the year submitted. Obtaining money for one phase of a project will not be contingent upon acquiring money for another phase of that same project. (e) The Federal (Program) share will not exceed $1 million per project. (f) The percentage of non -Federal match (cash or in -kind) must not be less than 25 percent of the total costs if the State has a designated fund or not less than 50 percent without a fund. § 84.22 What needs to be included in grant proposals? Proposals must include the following: (a) Application for Federal Assistance (Standard Form 424); (b) A Statement of Assurances of compliance with applicable Federal laws, regulations, and policies (either Standard Form 424B or 424D); and (c) A project statement that identifies and describes: (1) The need within the purposes of the Act; (2) Discrete, quantifiable, and verifiable objective(s) to be accomplished during a specified time period; (3) Expected results or benefits, in terms of coastal lands and waters, the hydrology, water quality, or fish and wildlife dependent on the wetlands; (4) The approach to be used in meeting the objectives, including specific procedures, schedules, key personnel, and cooperators; (5) A project location, including two maps: A map of the State showing the general location of the proposal, and a map of the project site; (6) Estimated costs to attain the objective(s) (the various activities or components of each project should be broken down by cost and by cooperator); (7) If the request is more than $100,000 (Federal share), the applicant must submit a Form DI-2010, certifying that the grant money will not be used for lobbying activities; (8) A concise statement, with documentation, of how the proposal addresses each of the 13 numeric criteria including a summary using FWS Form No. 3-2179 (see § 84.32); (9) A description of the State trust fund that supports a request for a 75 percent Federal share in sufficient detail for the Service to make an eligibility determination, or a statement that eligibility has been previously approved and no change has occurred in the fund; (10) A list of other current coastal acquisition, restoration, enhancement, and management actions; agency(ies) involved; relationship to the proposed grant; and how the proposal fits into comprehensive naturaf resource plans for the area, if any; and (11) Public involvement or interagency coordination on coastal wetlands conservation projects that has occurred or is planned that relates to this proposal (Specify the organizations or agencies involved and dates of involvement.) . Subpart C—Project Selection § 84.30 How are projects selected for grants? Project selection is a three -step process: proposal acceptance, proposal ranking, and proposal selection. (a) Proposal acceptance. (1) The Regional Federal Aid Offices decide whether a proposal should be accepted for consideration by determining if the proposal is complete, substantial, and contains activities that are eligible. Proposals that do not qualify are immediately returned to the State. Revision and resubmission of returned proposals is allowable during this period, which is in June (check with your Regional Office for the exact dates each year). If any of the factors of completeness, substantiality, or eligibility are not met, the Regions should not forward the proposal to the Washington Office. (2) To be considered for acceptance, the proposal must be substantial in character and design. A substantial proposal is one that: (i) Identifies and describes a need within the purposes of the Act; (ii) Identifies the objective to be accomplished based on the stated need; (iii) Uses accepted principles, sound design, and appropriate procedures; (iv) Provides public conservation benefits that are cost effective and long- term, i.e., at least 20 years; and (v) Identifies obtainable, quantified performance measures (acres enhanced, restored, or protected) that help achieve the management goals and objectives of the National Coastal Wetlands Conservation Grant Program. Through this program, the States' efforts and leadership will help the Service meet its Long -Term and Annual Performance Goals as expressed in the Service's Annual Performance Plan.' (3) The grant limit is $1 million. Proposals requesting Program awards 1 The Service's Annual Performance Plan can be found on the Service's homepage at http://www// . fws.gov/r9gpra. For more information you might also contact the Budget Office at 202-208-4596 or the Planning and Evaluation Staff at 202-208-2549. Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations 49271 that exceed $1 million will be returned to the appropriate State. Similarly, individual projects that have clearly been divided into multiple proposals for submission in one grant cycle to avoid this limit will be returned to the appropriate State. The State can revise and resubmit the proposal so that the request does not exceed the $1 million limit. (b) Proposal ranking. Once a proposal is accepted by the Region, the Regional Federal Aid Office sends the proposal to the National Federal Aid Office, which works with the National Office of the Fish and Wildlife Management and Habitat Restoration Program for distribution to a Review Panel. The Review Panel includes representation from our coastal Regions and from other Service Programs, for example, the Endangered Species Program. The Fisheries and Habitat Conservation Program is responsible for coordinating the review and ranking of proposals according to the established criteria, a process that usually involves a national meeting. (c) Proposal selection. The Review Panel's recommendations are forwarded to the Director of the Service for a final review and project selection. The Director announces the selection by October 1. § 84.31 An overview of the ranking criteria. (a) The primary objective of the proposal will be to acquire, restore, enhance, or manage coastal wetlands to benefit coastal wetlands and the hydrology, water quality, and fish and wildlife dependent upon them. The Program will not provide grants, for example, for construction or repair of boat ramps or docks for recreational purposes and construction or support of research facilities or activities. The purpose of the ranking criteria is to provide a means for selecting the best projects —those that produce the maximum benefits to coastal wetlands and the fish and wildlife that depend on them. (b) Proposal ranking factors. (1) Ranking criteria. As explained in § 84.32, we will evaluate proposals according to 13 ranking criteria. These criteria have varying point values. Proposals must address each of these 13 criteria. (2) Additional considerations. Even though the criteria provide the primary evaluation of proposals, we may factor additional considerations into the ranking decision at the national level. In case of a tie, we will use these additional considerations to rank proposals having identical scores. (c) The criteria in § 84.32 are not listed in priority order. (d) Points are assigned on the basis of a completed project, rather than current conditions, e.g., count 50 acres of estuarine emergent wetlands if 50 acres of that habitat type will be restored when the project is completed. (e) A range of points rather than a set point value allows the reviewer to distinguish between, for example, a proposal that provides some foraging habitat for a threatened species versus one that provides critical nesting habitat of several endangered species. Scoring guidance is included with the individual criteria. (f) A total of 64 points is possible under the scoring system. (g) If a grant proposal is not selected, the State may resubmit it for reconsideration in subsequent fiscal years. Resubmission of a grant proposal is the responsibility of the applicant. § 84.32 What are the ranking criteria? (a) The U.S. Fish and Wildlife Service will rank proposals using the 13 criteria listed below. In the following list, a description of each criterion is followed by examples and the points they would receive for that criterion. (1) Wetlands conservation. Will the project reverse coastal wetland loss or habitat degradation in decreasing or stable coastal wetland types? Will it conserve wetlands to prevent losses of decreasing or stable wetland types? (Maximum: 7 points) (i) The majority of the project area (over 50 percent) is nationally decreasing coastal wetland types,2 or the majority is regionally decreasing wetlands types in which the case for regionally decreasing is well - documented (Up to 7 points). The nationally decreasing types are estuarine intertidal emergent; estuarine intertidal forested; estuarine intertidal scrub -shrub; marine intertidal; palustrine emergent; palustrine forested; and palustrine scrub -shrub. Describe the wetlands using terms listed above. Include a breakdown showing the percentage of the proposal's total and wetland acreage in decreasing types. Provide National Wetlands Inventory codes/information if available. Information about these can be found on the National Wetland Inventory's web site at http://wetlands.fws.gov. (ii) The majority of the project area (over 50 percent) is nationally stable coastal wetlands types 2 (Up to 5 2 These designations are based on the National Wetlands Priority Conservation Plan. For more information about the plan, or to receive a copy of the document, refer to the contact information provided in § 84.21. points). The nationally stable types are estuarine intertidal non -vegetated and estuarine subtidal. Describe the wetlands using the terms listed above. Include a breakdown showing the percentage of the proposal's total and wetland acreage in stable types. Provide National Wetlands Inventory codes/ information if available. (iii) Wetlands benefited are less than 50 percent of the project area. (Up to 3 points) (iv) If the project would benefit wetlands in the upper portion of the coastal watershed, but does not demonstrate significant and direct benefits to coastal wetlands, the proposal will not receive any points. (0 points) (v) We will award a full 7 points to proposals that document that over 50 percent of their project area would be, upon project completion, decreasing coastal wetland types. A combination of decreasing and stable types that is over 50 percent of the project area could receive an intermediate score of 4, 5, or 6 points, depending on the balance between decreasing and stable types. If wetlands are 50 percent or less of the project area, use the following guide for allocating points: 25 to 50 percent of the project area is decreasing or stable wetlands, 2, 3, or 4 points; 5 to 24 percent, 1 or 2 points; and less than 5 percent, 0 points. (2) Maritime forests on coastal barriers. Will the proposal significantly benefit maritime forests on coastal barriers? The coastal barrier does not need to be a unit of the Coastal Barrier Resources System. (Maximum: 7 points) (i) The proposal documents significant benefit to maritime forests on a coastal barrier. Describe the forest in sufficient detail so reviewers can determine whether it meets the definition of "maritime forest." (Up to 7 points) (ii) The proposal does not benefit maritime forests on a coastal barrier. (0 points) (iii) For this criterion most scores should be either 0 or 7. If questions arise about the significance of the benefit or whether the forests meet the strict definition, an intermediate score could be given. (3) Long-term conservation. Does the project ensure long-term conservation of coastal wetland functions? The project must provide at least 20 years of conservation benefits to be eligible. (Maximum: 7 points) (i) Once the project is complete, the project will provide continuing coastal wetlands benefits in perpetuity (100 years or longer). (7 points) 49272 Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations (ii) Once the project is complete, the project will provide continuing coastal wetland benefits for 50-99 years. (3 to 6 points) (iii) Once the project is complete, the proposal will provide continuing coastal wetlands benefits for 20-49 years. (1 to 3 points) (iv) The proposal should show how the project will be maintained and the benefits sustained over time. Proposals must include adequate documentation of long-term conservation of coastal wetland values, such as a 25-year easement, to receive points for this criterion. If part of the project's benefits will be perpetual (owned in fee title, for example) and part is estimated to last 20 years, reviewers should weigh the different elements of the project and give an intermediate score. (4) Coastal watershed management. Would the completed project help accomplish the natural resource goals and objectives of one or more formal, ongoing coastal ecosystem or coastal watershed management plan(s) or effort(s)? Describe the management plan or effort(s). (Maximum: 3 points) (i) The project supports the natural resource goals of identified formal, ongoing coastal ecosystem or coastal watershed management plans or efforts. Describe the management plan(s) and/or effort(s) and explain how this project relates to its objectives. A plan that very specifically identifies the site will receive more points than a plan containing many generic references. (Up to 3 points) (ii) The project does not support the natural resource goals and objectives of a formal, ongoing coastal ecosystem or coastal watershed management effort. If the proposal benefits the upper portions of coastal watersheds, but provides no significant and direct benefits to the coastal wetlands ecosystems, the proposal will not receive points. (0 points) (5) Conservation of threatened and endangered species. Will the project benefit any federally listed endangered or threatened species, species proposed for Federal listing, recently delisted species, or designated or proposed critical habitat in coastal wetlands? Will it benefit State -listed threatened and endangered species? (Maximum: 5 points) (i) The project will provide, restore, or enhance important habitat (e.g., nesting, breeding, feeding, nursery areas) for federally listed or proposed endangered or threatened species that use the coastal area project site for at least part of their life cycle. The project will benefit recently delisted species and habitat conservation plans developed under the auspices of the Endangered Species Act. List the species and their status (e.g., threatened or endangered) and provide documentation (e.g., cite recovery plan, attach letter from species expert) of current or recent species occurrence in the coastal area project site. Describe the importance of the habitat. (Up to 5 points) (ii) The project will provide, restore, or enhance important habitat for State - listed threatened and endangered species. (Up to 2 points) (iii) The project will not provide, restore, or enhance important habitat for federally or State -listed or proposed endangered or threatened species in the coastal area project site for any part of their life cycle. If the proposal provides benefits to threatened and endangered species in the upper portion of the coastal watershed, but provides no significant and direct benefits to threatened and endangered species using coastal wetlands ecosystem habitat, the proposal will not receive any points. (0 points) (iv) The combined scores of subparagraphs (a) (5) (i) and (a) (5) (ii) of this section cannot exceed the 5-point maximum. (6) Benefits to fish. Will the project provide, restore, or enhance important fisheries habitat? (Maximum: 5 points) (i) The project will provide, restore, or enhance important habitat (i.e., spawning, nursery, juvenile, or foraging habitat) for specific species that use the coastal area project site for at least part of their life cycle. These species may include anadromous, interjurisdictional, or other important species. List species, habitat types, and benefits to each species. (Up to 5 points) (ii) The project does not document current or future benefits to fish species and their habitat. (0 points) (iii) The more specific the information is on the use of the area and the importance of the habitat, the greater the points. An area specifically identified as critical for conservation in a fisheries management plan will, for example, receive more points than one which is not. (7) Benefits to coastal -dependent or migratory birds. Will the project provide, restore, or enhance important habitat for coastal -dependent or migratory birds? (i) The project will provide, restore, or enhance important habitat (i.e., breeding, staging, foraging, wintering/ summering habitat) benefits for at least part of the life cycle of coastal dependent or migratory birds. List the species and habitat types, and describe the benefits to each. (Up to 5 points) (ii) The project will not significantly benefit coastal -dependent or migratory birds. (0 points) (iii) We will give maximum points to projects that benefit coastal -dependent species identified in the North American Waterfowl Plan or listed as species of management concern.3 Proposals should also include information that demonstrates how the project will contribute to the regional goals developed under the U.S. Shorebird Conservation Plan, the North American Waterbird Conservation Plan, Partners in Flight, the North American Waterfowl Management Plan, or other bird conservation initiatives. Proposals that fail to do so will not receive maximum points. Indicate if the proposed area has been specifically identified by any program or agency for its migratory bird values. (8) Prevent or reduce contamination. Will the project prevent or reduce input of contaminants to the coastal wetlands and associated coastal waters, or restore coastal wetlands and other associated coastal waters that are already contaminated? (Maximum: 5 points) (i) The project will prevent significant inputs of contaminants or will provide significant improvements to the quality of the coastal wetland and associated waters through protection from contaminants or restoration, including assimilation of nutrients and nonpersistent toxic substances. Describe the types and sources of possible or current impairment to the coastal wetland and other associated coastal waters (e.g., to water quality, sediments, flora, or fauna). Describe how contaminant inputs or residues will be prevented, reduced, or eliminated. Preventing contaminants by precluding residential development through acquisition will not normally warrant full points unless the applicant can be shown that significant contamination would have occurred otherwise. (Up to 5 points) (ii) The proposal will not significantly prevent impairment or improve the quality of the coastal wetland and associated coastal waters. If the proposal provides positive water quality benefits in the upper portions of watersheds, but provides no significant and direct positive water quality benefits to coastal wetland ecosystems, the proposal will not receive points. (0 points) (iii) Show direct links between contamination and wildlife and aquatic habitats. To receive full points, you 3 For more information about species of management concern, visit the website migratorybirds.fws.gov or contact the Division of Migratory Bird Management at 703-358-1714. Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations 49273 should provide documentation of the linkage. Reviewers may consider the extent of contaminants prevention/ reduction when assigning points. Proposals having the potential to produce an attractive nuisance (e.g., acquiring and/or restoring a wetland that will be attractive to wildlife and that also has the potential to accumulate high levels of persistent toxic metals or hydrocarbon compounds) will not receive points. (9) Catalyst for future conservation. Is the project proposal designed to leverage other ongoing coastal wetlands protection projects in the area, such as acquisition of areas to add to already acquired coastal lands, or provide impetus for additional restoration? (Maximum: 4 points) (i) The project will be essential (e.g., key to completion or implementation of a greater conservation plan) to further advance or promote other coastal projects under way. Explain why. (Up to 4 points) (ii) The project proposal does not demonstrate a positive impact on other coastal projects. (0 points) (iii) To receive the maximum number of points, the proposal should be essential to the initiation or completion of a larger project. Examples may include acquisition of key in -holdings within a larger protected area, funds necessary to acquire fee simple interest in properties where a conservation easement has already been secured, and funds necessary to complete restoration activities to a protected area. (10) Partners in conservation. Will the proposal receive financial support, including in -kind match, from private, local, or other Federal interests? (Maximum: 4 points) (i) The proposal includes the State applicant plus one or more non -State financial partners. (Up to 4 points) (ii) The proposal includes only financial support from the State applicant. (0 points) (iii) A written description of commitment of funds or in -kind match from the partners must accompany the proposal. (This requirement is in addition to signing the Assurances Form.) The purpose of this criterion is to promote partnerships with private, local, or other Federal agencies rather than to increase the dollar amount of the matching share. Therefore, no specific minimum amount is indicated here. At least two partners, in addition to the State applicant, should have committed money to the project to receive maximum points. (11) Federal share reduced. Does the proposal significantly reduce the Federal share by providing more than the required match amount? In the case of a Territory or Commonwealth that does not require match funds, does the proposal include financial support from sources other than the Territory or Commonwealth? (Maximum: 5 points) (i) The State, territory, or commonwealth applicant must have a non -Federal funding source (in -kind match does not count for this criterion) that reduces the Federal share. (Up to 5 points) (ii) The maximum Federal share is requested by the proposal. (0 points) (iii) The purpose of this criterion is to increase the amount of money from non - Federal sources. This increase decreases the need for Federal match dollars, so that Federal dollars can help more projects. Documentation of each partner's financial commitment must accompany the proposal to receive points. If the State itself provides the excess match, the State should receive credit for reducing the Federal share. Each 5 percent above the required State match would be approximately equal to 1 point. The following two examples, using both a 50 and 75 percent Federal match share, define a 10 percent increase in a State's match amount. (A) Example 1-50—Percent Federal Match If the total project costs are $100,000, then the required State match share is $50,000. If the State or a partner provides an additional cash contribution equal to 10 percent of the $50,000, $5,000. This is defined as a 10 percent increase in the State match.4 (B) Example 2-75—Percent Federal Match If the total project costs are $100,000, then the required State match share is $25,000. If the State or a partner provides an additional cash contribution equal to 10 percent of the $25,000, $2,500. This is defined as a 10 percent increase in the State match.4 (12) Education/outreach program or wildlife -oriented recreation. Is the project designed to increase environmental awareness and develop support for coastal wetlands conservation? Does it provide recreational opportunities that are consistent with the conservation goals of the site? (Maximum: 3 points) (i) The proposal includes a site - specific, substantive education/outreach 4 From sources other than Federal agencies. Natural Resource Damage Assessment funds may in some cases be defined as "non -Federal." See discussion under § 84.46 on What are the cost - sharing requirements? or wildlife -oriented recreation program. (Up to 3 points) (ii) The proposal does not include a substantive education/outreach or wildlife -oriented recreation program. (0 points) (iii) The proposal must describe what makes this program substantive and link it closely with the specific site to receive full points. Programs supported by activities or funds from partners should be encouraged over use of project dollars. Project proposals may include substantive education/outreach components necessary for the completion of the project. However, these should be activities that complement or support the primary goal of the project. (13) Other factors. Do any other factors, not covered in the previous criteria, make this project or site particularly unique and valuable? Does the project offer important benefits that are not reflected in the other criteria? The following list includes examples of projects that provide benefits not reflected in other criteria. (Maximum: 4 points) (i) The project might provide significant benefits to, for example: rare or threatened habitat types; biodiverse habitats; rare and declining species; and the local community. (ii) The project would be particularly cost-effective, providing very significant resource benefits for the cost. (iii) The project would assist in the prevention or control of invasive species. (iv) The project would provide important cultural or historical resource benefits. (v) The project would provide other benefits. (vi) Reviewers should not assign points to resource values covered by other criteria. The proposal should provide a short narrative to support claims to Other Factors points. (b) Additional considerations. We will factor the following considerations into the ranking process if two or more proposals have the same point totals. The tie -breaking factors are as follows: (1) The project would prevent the destruction or degradation of habitat from pending sale of property, from adverse effects of current activities such as draining of wetlands, or from natural processes such as erosion at excessive rates; (2) The project would protect unique and significant biological diversity; (3) The project has lower costs per acre conserved; and (4) In the project proposal the State or third party provides lands as opposed to using lands already owned by the State 49274 Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations or third party as part of the State matching share. (c) All proposals must include the information described in paragraphs (b) (1)—(4) of this section. If a tie occurs between two or more proposals, the reviewers need to have this information available immediately to decide which proposal or proposals should be recommended for selection. Subpart D—Conditions on Acceptance/ Use of Federal Money § 84.40 What conditions must I follow to accept Federal grant money? (a) The audit requirements for State and local governments (43 CFR part 12), and (b) The uniform administrative requirements for grants and cooperative agreements with State and local governments (4 3 CFR part 12) . §84.41 Who prepares a grant agreement? What needs to be included? The coastal State and the Fish and Wildlife Service work together to develop a Grant Agreement (Form 3- 1552) upon completion of the review by the Regional Director to determine compliance with applicable Federal laws and regulations. The Grant Agreement includes the grant title, the grant cost distribution, the agreement period, other grant provisions, and special grant conditions. If a Coastal Barrier Unit is affected, the Service must conduct internal consultations pursuant to Section 6 of the Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act, prior to providing any grant monies to that State. § 84.42 What if a grant agreement is not signed? Monies that have been allocated for a grant will be held until December 31 of the following year. If a grant agreement has not been signed by the State and the Service and, therefore, the money has not been obligated for the approved grant by that date, the funds automatically are returned to the Program account in Washington. § 84.43 How do States get the grant monies? Funding to States is provided on a reimbursable basis. See § 84.47 for information on what costs can be reimbursed. The Service may reimburse the State for projects completed, or make payments as the project progresses. For construction work and labor, the Service and the State may jointly determine, on a case -by -case basis, that payments may be made in advance. We will minimize the time elapsing between the transfer to the State and the State's need for the funds, and the time period will be subject to a specific determined need for the funds in advance. Except for extenuating circumstances, a reasonable time period to advance funds to a State is up to 3 days. OMB Circular A-102, Parts II and III, 43 CFR part 12, and 31 CFR part 205 provide specific information on methods and procedures for transferring funds. § 84.44 What is the timetable for the use of grant money? Once money is granted to the coastal States, the money is available to those States for the time designated in the grant agreement. If a State needs more time, the State must apply for an extension of time by amending the grant agreement. If the Service does not extend the time, the unobligated monies return to the Service for expenditure on future grants. Also, if a State cannot spend the money on the approved project, the State must notify the appropriate Regional Director as soon as possible so that the money can revert back to the Service for future grants. § 84.45 How do I amend a proposal? Following procedures in 43 CFR 12.70, you must submit a signed original and two copies of the revised SF 424, the revised portion of the project statement if appropriate, and an explanation of the reason for the revision to the Regional Director (Federal Aid). § 84.46 What are the cost -sharing requirements? (a) Except for certain insular areas, the Federal share of an approved grant will not exceed 50 percent of approved costs incurred. However, the Federal share may be increased to 75 percent for coastal States that have established and are using a fund as defined in § 84.11. The Regions must certify the eligibility of the fund in order for the State to qualify for the 75 percent matching share. (b) The following insular areas: American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands, have been exempted from the matching share, as provided in Pub. L. 95-134, amended by Pub. L. 95-348, Pub. L. 96- 205, Pub. L. 98-213, and Pub. L. 98-454 (48 U.S.C. 1469a). Puerto Rico is not exempt from the match requirements of this Program. (c) The State may provide materials (e.g., heavy equipment) or other services as a noncash match for portions of the State's matching share. The State may also provide the value of land, including the land proposed for restoration, enhancement, or management as a noncash match, provided that the land is necessary and reasonable for completing the project. For example, if a State proposes to manage a contiguous wetland of 100 acres, and already owns 10 of the 100 acres, the State can apply the current value of the 10 acres, provided that the 10 acres are necessary to manage the entire 100 acres. If the 10- acre wetland were not contiguous and no connection could be made that the 10 acres were needed to manage the proposed wetland, the State could not use the 10 acres as a noncash match. Review 43 CFR 12.64 for determining the value of in -kind contributions. (d) The requirements in 43 CFR 12.64 and Service Manual Part 522 FW 1.135 apply to in -kind matches or cost -sharing involving third parties. Third party in - kind contributions must represent the current market value of noncash contributions furnished as part of the grant by another public agency, private organization, or individual. In -kind matches must be necessary and reasonable to accomplish grant objectives. (e) Coastal States must commit to their matching share of the total costs by signing the Application for Federal Assistance (SF 424), the Assurances (SF 424B or SF 424D), and the Grant Agreement (Form 3-15 5 2) . (f) No Federal monies, non -Federal monies, in -kind contributions, or National Fish and Wildlife Foundation grant program monies that will be or have been previously used to satisfy the matching requirement of another Federal grant can be used as part of the coastal State's matching share. (g) The coastal State is responsible for ensuring the full amount of that State's matching requirement, either with State funds or from contributions toward the proposal from other agencies, groups, or individuals. Sources other than State applicant funds must be documented and approved as eligible. (h) Total Federal contributions (including all Federal sources outside of the Program) may not exceed the maximum eligible Federal share under the Program. This includes monies provided to the State by other Federal programs. If the amount of Federal money available to the project is more than the maximum allowed, we will reduce the Program contribution by the amount in excess. 5 From the Fish and Wildlife Service Manual, available on-line at http://www.fws.gov/directives/ in d ex.h tml. Federal Register/Vol. 67, No. 146 / Tuesday, July 30, 2002 / Rules and Regulations 49275 (i) Natural Resource Damage Assessment funds that are managed by a non -Federal trustee are considered to be non -Federal, even if these monies were once deposited in the Department of the Interior's Natural Resource Damage Assessment and Restoration Fund, provided the following criteria are met: (1) The monies were deposited pursuant to a joint and indivisible recovery by the Department of the Interior and non -Federal trustees under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Oil Pollution Act (OPA); (2) The non -Federal trustee has joint and binding control over the funds; (3) The co -trustees agree that monies from the fund should be available to the non -Federal trustee and can be used as a non -Federal match to support a project consistent with the settlement agreement, CERCLA, and OPA; and (4) The monies have been transferred to the non -Federal trustee. § 84.47 What are allowable costs? (a) Allowable grant costs are limited to costs necessary and reasonable to achieve approved grant objectives and meet the applicable Federal cost principles in 43 CFR 12.62 (b). (b) If a project or facility is designed to include purposes other than those eligible under the Act, the costs must be prorated among the various purposes. (c) If you incur costs before the effective date of the grant, they cannot be reimbursed, with the exception that we can allow preliminary costs, but only with the approval of the appropriate Regional Director. Preliminary costs may include costs necessary for preparing the grant proposal, such as feasibility surveys, engineering design, biological reconnaissance, appraisals, or preparation of grant documents such as environmental assessments for compliance with the National Environmental Policy Act. § 84.48 What are the procedures for acquiring, maintaining, and disposing of real property? (a) Acquisition, maintenance, and disposal of real property must follow the rules established in 43 CFR 12.71 and 50 CFR 80.14. (1) Title to real property acquired under a grant or subgrant must be vested in the State or subgrantee, including local governments and nonprofit organizations. States must submit documentation (e.g., appraisals and appraisal reviews) to the Regional Director who must approve it before the State becomes legally obligated for the purchase. States will provide title vesting evidence and summary of land costs upon completion of the acquisition. The grant agreement and any deed to third parties (e.g., conservation easement or other lien on a third -party property) must include appropriate language to ensure that the lands and/or interests would revert back to the State or Federal Government if the conditions of the grant were no longer being implemented. (2) In cases where the interest obtained is less than fee simple title, the interest must be sufficient for long-term conservation of the specified wetlands resources. (3) Real property acquired with National Coastal Wetlands Conservation Grant funds must continue to serve the purpose for which it was acquired. If acquired property is used for reasons inconsistent with the purpose(s) for which acquired, such activities must cease and any adverse effects on the property must be corrected by the State or subgrantee with non -Federal monies in accordance with 50 CFR 80.14. (4) The State or subgrantee may not dispose of or encumber its title or other interest in real property without prior approval of the appropriate Regional Director of the Service. Real property includes, but is not limited to, lands, buildings, minerals, energy resources, timber, grazing, and animal products. If real property is sold, the State or subgrantee must compensate the Service in accordance with 43 CFR 12.71(c)(2). (5) If rights or interests obtained with the acquisition of coastal wetlands generate revenue during the Grant Agreement period, the State will treat the revenue as program income and use it to manage the acquired properties. If the State sells or leases real property, the State must treat the proceeds as program income and return the money to the Federal Aid program regardless of the grant period. (6) Inconsistent use that is not corrected can be grounds for denying a State future grants under this Program. (b) A coastal State is responsible for design, supervision, and inspection of all major construction projects in accordance with accepted engineering standards. (1) The coastal State must have adequate rights to lands or waters where restoration or enhancement projects are planned to ensure protection and use of the facilities or structures throughout their useful life. (2) The construction, enlargement, or rehabilitation of dams are subject to Federal standards for dam design. If requested, the State must provide to the Regional Office written certification that any proposed changes to a dam meet Federal standards. (3) The coastal State must operate and maintain facilities, structures, or related assets to ensure their use for the stated project purpose and that they are adequately protected. (c) Acquisition, property records, maintenance, and disposal of equipment must be made in accordance with 43 CFR 12.72. § 84.49 What if the project costs more or less than originally expected? All requests for additional monies for approved coastal wetland grants will be subject to the entire review process along with new grants. Any monies left over after the project is complete, or if the project is not completed, should be returned to the Washington Office for use in following years. If a State has lands it wishes to acquire, restore, or enhance in close proximity to the original project, and the Region deems that spending project monies in these areas would provide similar benefits, the Region may use unspent balances to pay for these projects with prior approval from the Washington Office. States must provide adequate justification and documentation to the Regions that the lands acquired, restored, or enhanced are similar to those in the original proposal and provide similar benefits to fish and wildlife. § 84.50 How does a State certify compliance with Federal laws, regulations, and policies? (a) In accepting Federal money, coastal State representatives must agree to and certify compliance with all applicable Federal laws, regulations, and policies. The applicant will need to submit a Statement of Assurances (either SF 424B or SF 424D) signed and dated by an authorized agency representative as part of the proposal. (b) Compliance with environmental and other laws, as defined in the Service Manual 523 FW Chapter 1,6 may require additional documentation. Consult with Regional Offices for how this applies to a specific project. Dated: March 29, 2002. Paul Hoffman, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 02-19065 Filed 7-29-02; 8:45 am] BILLING CODE 4310-55-P 6 The Fish and Wildlife Service Manual, see footnote 3 for availability. TMDL Grant Information FORM #: 62-305.900 RULE #: 62-305.300(1) FORM TITLE: TMDL WATER QUALITY GRANT APPLICATION TMDL WATER QUALITY RESTORATION GRANT PROPOSAL APPLICATION PROJECT NAME: PROJECT FUNDING: TMDL Grant $ % Matching Funds $ % Total Project Cost $ % LEAD ORGANIZATION: End of Fiscal Year: FEID Number: CONTACT PERSON: ADDRESS: PHONE: FAX: EMAIL: COOPERATING ORGANIZATIONS AND CONTACT PERSON (THOSE PROVIDING FUNDING OR IN - KIND SERVICES): PROJECT ABSTRACT: PROJECT LOCATION AND WATERSHED CHARACTERISTICS: Water Body Name: Hydrologic Unit Code(HUC): Project Latitude: Project Longitude: Land Uses within the Watershed (acres and percentages of total): Land Use Acres Land Use Totals (Acreage and %) TMDL STATUS OF WATER BODY AND PROJECT: Name of Impaired Water: 1 FORM #: 62-305.900 RULE #: 62-305.300(1) FORM TITLE: TMDL WATER QUALITY GRANT APPLICATION Status of Impaired Water: Status of BMAP: POLLUTION REDUCTION STRATEGY: PROJECT OBJECTIVE(S): PROJECT DESCRIPTION (PLEASE LIST ALL TASKS AND DELIVERABLES): NOTE: Typical tasks will include: Land acquisition, design, permitting, bidding, BMP construction, BMP monitoring, grant administration, quarterly progress reports, draft final report, final report. TASK 1: DELIVERABLES: SCHEDULE: TASK 2: DELIVERABLES: SCHEDULE: TASK 3: DELIVERABLES: SCHEDULE: TASK 4: DELIVERABLES: SCHEDULE: ETC ESTIMATED POLLUTANT LOAD REDUCTION: BMP's Other Other Installed TSS kg/yr TP kg/yr TN kg/yr BOD kg/yr kg/yr kg/yr N Pre -Project ca � Post -Project Load Reduction 0 a % Reduction Other Other TSS TP TN BOD kg/yr kg/yr kg/yr kg/yr kg/yr kg/yr Pre -Project 2 FORM #: 62-305.900 RULE #: 62-305.300(1) FORM TITLE: TMDL WATER QUALITY GRANT APPLICATION Post -Project Load Reduction % Reduction Other Other TSS TP TN BOD kg/yr kg/yr kg/yr kg/yr kg/yr kg/yr Pre -Project c� � Post -Project Load Reduction 0 a % Reduction Other Other TSS TP TN BOD kg/yr kg/yr kg/yr kg/yr kg/yr kg/yr Pre -Project c� � Post -Project Load Reduction 0 a % Reduction MODEL USED: Allowable models include Spreadsheet Tool for Estimating Pollutant Load (STEPL, 2007), Nonpoint Source Loading Management Model (NPSLMM, 2008) and Watershed Management Model (WMM, 2006). The STEPL model is available for download at http://it.tetratech-ffx.com/steel/ while the other models are on the TMDL Grant web site. EMCS USED IN MODEL: Please use the Event Mean Concentrations (EMCs) listed in Attachment 1 in the model to estimate pre- and post -project pollutant loads and load reductions. PROJECT MILESTONES: Task Activity Start Complete 1 Land Acquisition 2 Design and Permitting 3 Bidding 4 BMP Construction 5 BMP Effectiveness Monitoring 6 Public Education 7 Draft and Final Reports: K FORM #: 62-305.900 RULE #: 62-305.300(1) FORM TITLE: TMDL WATER QUALITY GRANT APPLICATION PROJECT BUDGET: Project FundingActivity y Grant Amount Matching Contribution Match Source Land Acquisition Design and Permitting Bidding BMP Construction BMP Effectiveness Monitoring Public Education Draft and Final Reports: Total: Total Project Cost: Percentage Match: *If a stormwater utility or other dedicated recurring fee is contributing, put that information in the following table. DEDICATED STORMWATER FUNDING INFORMATION: Match Source Name Description ERU/Fee OTHER FUNDING (Not Match): REFERENCES CITED: NOTE: PLEASE SUBMIT ALL APPENDICES IN A SEPARATE WORD DOCUMENT. THIS MAY INCLUDE MAPS, FIGURES OR ANY OTHER INFORMATION YOU WOULD LIKE TO INCLUDE WITH YOUR APPLICATION n FORM #: 62-305.900 RULE #: 62-305.300(1) FORM TITLE: TMDL WATER QUALITY GRANT APPLICATION ATTACHMENT 1 - EMC VALUES FOR MODELING POLLUTANT LOADS LAND USE TYPICAL RUNOFF CONCENTRATION (mg/1) TOTAL N TOTAL P BOD TSS COPPER LEAD ZINC CATEGORY Low -Density Residential' 1.61 0.191 4.7 23.0 0.0084 0.0024 0.0314 Single -Family 2.07 0.327 7.9 37.5 0.016 0.004 0.062 Multi -Family 2.32 0.520 11.3 77.8 0.009 0.006 0.086 Low -Intensity Commercial 1.18 0.179 7.7 57.5 0.018 0.005 0.094 High -Intensity Commercial 2.40 0.345 11.3 69.7 0.015 -- 0.160 Light Industrial 1.20 0.260 7.6 60.0 0.003 0.002 0.057 Highway 1.64 0.220 5.2 37.3 0.032 0.011 0.126 Agricultural Pasture 3.47 0.616 5.1 94.3 -- -- -- Citrus 2.24 0.183 2.55 15.5 0.003 0.001 0.012 Row Crops 2.65 0.593 -- 19.8 0.022 0.004 0.030 General A riculture2 2.79 0.431 3.8 43.2 0.013 0.003 0.021 Undeveloped / Rangeland / 1.15 0.055 1.4 8.4 -- -- -- Forest Mining / Extractive 1.18 0.15 7.63 60.03 0.0033 0.0023 0.0573 1. Average of single-family and undeveloped loading rates 2. Mean of pasture, citrus, and row crop land uses 3. Runoff concentrations assumed equal to industrial values for these parameters 4. Value assumed to be equal to 50% of single-family concentration 61 FORM #: 62-305.900 RULE #: 62-305.300(1) FORM TITLE: TMDL WATER QUALITY GRANT APPLICATION APPENDIX 2. MONITORING TO DETERMINE TREATMENT EFFECTIVENESS If this project is approved for funding, the applicant will be required to monitor the effectiveness of the stormwater BMP. BMP effectiveness data is required to demonstrate the environmental benefits of a project. The general monitoring requirements are set forth below. Please note that the final scope of work in the contract may include more specifics on particular monitoring requirements. Within six months before the completion of the project, the applicant will submit a detailed monitoring plan to the department for review and comment. The monitoring plan will specify the sampling locations, sampling instruments, and parameters to be sampled. The monitoring will include sampling of from seven to ten (10) storm events as described below. If possible, monitored events will be discrete rainfall events generally consisting of greater than 0.20 inches and less than 1.5 inches or rain. However, we want to monitor the real world to determine true efficiency. Therefore, remember this is a GENERAL guideline with respect to the storm event. Actual rainfall may vary depending on the type of BMP, the contributing drainage area, the amount of impervious area, and the time of concentration. Monitoring will be conducted at two locations: inflows and outflows. Monitoring will include the following parameters: • Daily rainfall (to nearest 0.01 inch) measured at the sampling location with verification from the local weather station. Rainfall data should be provided for at least the week proceeding monitoring and day(s) of monitoring. • Flow using approved flow activated flow meters • Parameters as specified below Parameter Detection Limit Method Total Cadmium 1 ug/I Composite* Total Chromium 5 ug/I Composite* Total Copper 5 ug/I Composite* Total Zinc 10 ug/I Composite* NO2+NO3 0.1 mg/I Composite* TKN 0.3 mg/I Composite* Total Ammonia 0.05 mg/I Composite* Or Total N Composite* Total Phosphorus 0.05 mg/I Composite* Ortho Phosphate 0.05 mg/I Composite* TSS 1 mg/I Composite* Oil/Grease 1 mg/I Composite* Fecal coliform N/A Grab** if possible C� FORM #: 62-305.900 RULE #: 62-305.300(1) FORM TITLE: TMDL WATER QUALITY GRANT APPLICATION *Flow weighted composite samples will be taken over the storm hydrograph. Typically, the samples will be composited over the inflow hydrograph at the inflow and for up to a 36 hour period at outflow station, depending upon the time of concentration and flow into and out of the BMP. Each composite will include at least six evenly distributed sub - samples. **Grab samples to be collected within the drainage area time of concentration at influent and effluent stations described above. The applicant should estimate the pollutant removal efficiency of the stormwater BMP by calculating the percent reduction in the event mean concentration (EMC) for the period of record [1-(Average Inflow EMC/Average Outflow EMC)]. For BMPs with multiple inflow (and/or outflow) points, the pollutant contributions for each inflow should be flow weighted. See the National Stormwater Best Management Practice database at http://www.bmpdatabase.orq/ and Development of Performance Measures, Determining Urban Stormwater Best Management Practice Removal Efficiencies, 1999 by URS Greiner Woodward Clyde, ASCE and EPA at http://www.bmpdatabase.orq/task3 1.pdf From ASCE Data base 3.1 Efficiency Ratio Definition The efficiency ratio is defined in terms of the average event mean concentration (EMC) of pollutants over some time period: Average outlet EMC average inlet EMC —average outlet EMC Average inlet EMC average inlet EMC EMCs can be either collected as flow weighted composite samples in the field or calculated from discrete measurements. The EMC for an individual event or set of field measurements, where discrete samples have been collected, is defined as: EMCViCiVi where, V: volume of flow during period i C: average concentration associated with period i n: total number of measurements taken during event The arithmetic average EMC is defined as, averageEMC = Y EMCj / m where, m: number of events measured In addition, the log mean EMC can be calculated using the logarithmic transformation of each EMC. This transformation allows for normalization of the data for statistical purposes. 7 FORM #: 62-305.900 RULE #: 62-305.300(1) FORM TITLE: TMDL WATER QUALITY GRANT APPLICATION Mean of the Log EMCs Log(EMCj) l m Estimates of the arithmetic summary statistics of the population (mean, median, standard deviation, and coefficient of variation) should be based on their theoretical relationships (Appendix A) with the mean and standard deviation of the transformed data. Computing the mean and standard deviation of log transforms of the sample EMC data and then converting them to an arithmetic estimate often obtains a better estimate of the mean of the population due to the more typical distributional characteristics of water quality data. This value will not match that produced by the simple arithmetic average of the data. Both provide an estimate of the population mean, but the approach utilizing the log -transformed data tends to provide a better estimator, as it has been shown in various investigations that pollutant, contaminant and constituent concentration levels have a log -normal distribution (NURP, 1983). As the sample size increases, the two values converge. Assumptions This method Weights EMCs from all storms equally regardless of relative magnitude of storm. For example a high concentration/high volume event has equal weight in the average EMC as a low concentration/low volume event. The logarithmic approach tends to minimize the difference between the EMC and mass balance calculations. Is most useful when loads are directly proportional to storm volume. For work conducted on nonpoint pollution (i.e., inflows), the EMC has been shown to not vary significantly with storm volume. This lends credence to using the average EMC value for the inflow but does not provide sufficient evidence that outflows are well represented by average EMC. Accuracy of this method will vary based on the BMP type. • Minimizes the impacts of smaller/cleaner storm events on actual performance calculations. For example, in a storm by storm efficiency approach, a low removal value for such an event is weighted equally to a larger value. • Allows for the use of data where portions of the inflow or outflow data are missing, based on the assumption that the inclusion of the missing data points would not significantly impact the calculated average EMC. Comments This method • Is taken directly from nonpoint pollution studies and does a good job characterizing inflows to BMPs but fails to take into account some of the complexities of BMP design. For example, some BMPs may not have outflow EMCs that are normally distributed (e.g., a media filter that treats to a relatively constant level that is independent on inflow concentrations). • Assumes that if all storms at the site had been monitored, the average inlet and outlet EMCs would be similar to those that were monitored. E:] FORM #: 62-305.900 RULE #: 62-305.300(1) FORM TITLE: TMDL WATER QUALITY GRANT APPLICATION ATTACHMENT 3 - GRANT APPLICATION INSTRUCTIONS The DEP Bureau of Watershed Restoration administers state funds allocated to the TMDL program for the reduction of urban nonpoint source pollutant loadings to impaired waters. These grant funds are used to implement projects (Best Management Practices or BMPs) to reduce urban stormwater pollutant loadings from existing drainage systems without treatment and from lands developed before the implementation of the state's stormwater treatment rules. Nonpoint source pollution is the biggest cause of water pollution in Florida today, and reducing stormwater pollutant loadings is critical to meeting Total Maximum Daily Loads (TMDLs) established for impaired waters. 1. Project Name: Provide the name of the project. For example, Lake Greenwood Urban Wetland Stormwater Retrofit 2. Project Funding: Provide the total project costs, the matching funds, and the amount of TMDL grant funding requested. Provide the % for matching funds and TMDL grant funds. 3. Lead Organization: This is the entity that is applying for the grant funds and with which DEP will enter into a contract for the project. Also, provide the date on which the Lead Organization's Fiscal Year ends (i.e., December 31, September 30, June 30) and the Lead Organization's Federal Employment Identification Number (FEID) 4. Contact Person: Provide the name and contact information for the person from the Lead Organization that will serve as the project/contract manager. 5. Cooperating Organizations: Provide the name and contact person for any entities that are providing matching funds or in -kind services on the project. 6. Project Abstract: Provide an abstract of the project that includes the name of the water body to which the stormwater BMP discharges, the status of the impaired water body (i.e., BMAP adopted, TMDL adopted, verified list), the number of acres in the drainage area to be treated, the BMPs to be implemented, and the anticipated load reductions. 7. Project Location and Watershed Characteristics: Provide the requested information for the drainage area that will contribute stormwater to the retrofit project. 8. TMDL Status of Water Body: Provide the requested information. Status of impaired water body means one of the following, as applicable: TMDL Adopted, on Adopted Verified List of Impaired Waters, on Planning List of Impaired Waters, on 1999 Consent Decree list. Status of Basin Management Action Plan (BMAP) means one of the following, as applicable: BMAP Adopted, BMAP in development, no BMAP 9. Pollution Reduction Strategy: Summarize the actions, both structural and nonstructural, that will be undertaken as part of the project to reduce stormwater �191 FORM #: 62-305.900 RULE #: 62-305.300(1) FORM TITLE: TMDL WATER QUALITY GRANT APPLICATION pollutant loadings to impaired waters. Please state if the project is specifically listed in a Surface Water Improvement and Management (SWIM Plan), National Estuary Program Comprehensive Conservation and Management Plan (CCMP), BMAP, or other watershed or stormwater master plan. 10. Project Objectives: Provide the objectives of the project. For example, the objective of this project is to reduce stormwater pollutant loads to Dirty Lake, an impaired water body with an adopted TMDL, and to educate the public about effective stormwater treatment. 11. Project Description: Provide a brief, but complete, description of each task to be undertaken as part of the project. For each task, include the specific deliverables that will result from the task, and the start date and end date for the task. Some tasks may actually occur before the grant application is submitted such as land acquisition, project design, permitting, etc. 12. Estimated Pollutant Load Reduction: Using the models listed and the Event Mean Concentrations listed in Attachment 1, provide stormwater pollutant load estimates for the existing condition, the condition after the BMP is installed, and the resulting load reductions. 13. Project Milestones: List your tasks from Number 11 and their start and end dates. 14. Project Budget by Category: Provide your budget, for both grant funds and matching funds, by the categories listed. You may add additional categories, as needed. 15. Dedicated Stormwater Funding Information: If matching funds are being provided by a dedicated stormwater funding source, such as a stormwater utility fee, MSBU, MSTU, or infrastructure sales tax, please provide the requested information. 16. Budget by Task: Provide your budget, for both grant funds and matching funds, by task. Tasks should correspond to those listed in Items 11 and 13. 17. Other Funding: List other funding sources that do not serve as matching funds. 18. References Cited: Please list any references cited in your project description 10 Urban Waters Small Grants Grant Information Federal Agency Name: U.S. Environmental Protection Agency, Office of Water, Immediate Office Funding Opportunity Title: Urban Waters Small Grants Announcement Type: Request for Proposals (RFP) Funding Opportunity Number: EPA-OW-I0-12-01 Catalog of Federal Domestic Assistance (CFDA) Number: 66.440 Dates: Hard copy proposals must be received by the EPA Regional Contact (See Section IV.B.2 of this RFP) by 4:00 P.M. Eastern Standard Time (EST) January 23, 2012. Proposals submitted electronically via http://www. rg ants.gov must be received by 11:59 P.M. EST January 23, 2012. Late proposals will not be considered for funding. Questions must be submitted in writing via e-mail and must be received by the Agency Contact identified in Section VII by January 16, 2012. Written responses will be posted on EPA"s website at: http://www.epa.gov/urbanwaters/funding. Following EPA's evaluation of proposals, all applicants will be notified regarding their status. Final applications will be requested fi^om those eligible entities whose proposal have been successfully evaluated and preliminarily recommended for award. Those entities will be provided with instructions and a due date for submittal of the final application package. Note to Applicants: If you name subawardees/subgrantees and/or contractor(s) in your proposal to assist you with the proposed project, pay careful attention to the information in Section ILC CONTRACTS AND SUBAWARDS. SUMMARY: The U.S. Environmental Protection Agency (EPA) is soliciting proposals from eligible applicants for projects that will contribute to improved water quality in urban areas. The goal of the Urban Waters Small Grants is to fund research, studies, training, and demonstration projects that will advance the restoration of urban waters by improving water quality through activities that also support community revitalization and other local priorities. In general, projects should promote a comprehensive understanding of local water quality issues; identify and support activities that address these issues at the local level; engage, educate and empower communities surrounding the urban water body; and benefit surrounding communities including those that have been adversely impacted by the water pollution issues affecting the urban water body. The funding provided under this announcement supports the following goals of the Fiscal Year (FY) 2006 — 2011 EPA Strategic Plan: Goal 2: Clean and Safe Water, Objective 2.2: Protect Water Quality, Sub-obj ective 2.2.1: Improve Water Quality on a Watershed Basis. In addition, funding provided under this announcement supports the following goals of the FY 2011 — 2015 EPA Strategic Plan: Goal 2: Protecting America«s Waters, Objective 2.2: Protect and Restore Watershed and Aquatic Ecosystems. Information on the FY 2006 — 2011 EPA Strategic Plan is available at http://nepis.epa.gov/Adobe/PDF/P 1001 IPK.PDF and information on the FY 2011 — 2015 EPA Strategic Plan is available at http://www.epa.gov/planandbudget/strategicplan.html. The total estimated funding available for the awards under this competition is up to approximately $3.8 million, with $1.8 million currently available and up to an estimated additional $2 million anticipated in FY 2012. Funding is contingent upon Agency funding levels, the quality of proposals received, and other applicable considerations. EPA Regional Offices will award the cooperative agreements for projects resulting from this announcement. Approximately three to four cooperative agreements are anticipated to be awarded by each EPA Regional Office with funds currently available. Pending receipt of FY 2012 funds, it is anticipated that each EPA Regional Office may award up to approximately four additional cooperative agreements for projects resulting from this announcement. Applicants may not request more than $60,000 in federal funding —proposals requesting more than $60,000 in federal funds will not be reviewed. While there is no minimum, EPA suggests applicants request at least approximately $40,000 in federal funds. A minimum non-federal cost share / match of $2,500 is required (see Section III.B for information on the cost share /match requirement). It is anticipated that funded cooperative agreements will have atwo-year project period. I. FUNDING OPPORTUNITY DESCRIPTION A. BACKGROUND Many urban waters are impaired by pathogens, excess nutrients, and contaminated sediments that result from sanitary sewer and combined sewer overflows, polluted runoff from urban landscapes and contamination from abandoned industrial facilities. Under the Urban Waters Program, EPA is seeking to support communities in their efforts to access, improve, and benefit from their urban waters and the surrounding land. This program also recognizes that certain communities, including minority, low income and those with indigenous populations, are and have been particularly burdened by polluted urban waterways and have not reaped the benefits that healthy, accessible waters can bring. The objective of EPA«s Urban Waters Program is to protect and restore America«s urban waterways. It is also expected that the awards under this program will help promote addressing environmental justice considerations by: Addressing water quality issues in communities, such as those containing minority, low income, or indigenous populations, that have been adversely impacted by polluted urban waters; and • Involving these communities and others in performance of the project including the design, planning and performance of activities that contribute to water quality restoration. Healthy and accessible urban waters can help grow local businesses and enhance educational, recreational, employment and social opportunities in nearby communities. By promoting public access to urban waterways, EPA will help communities become active participants in restoration and protection. By linking water to other community priorities, such as economic development, 2 EPA will help to sustain that involvement. By more effectively leveraging existing programs, EPA aims to support projects and build partnerships with a variety of federal, state, tribal, and local partners that foster increased connection, understanding, and stewardship of local waterways. B. URBAN WATERS SMALL GRANTS The goal of the Urban Waters Small Grants being competed under this opportunity is to fund research, studies, training, and demonstration projects that will advance the restoration of urban waters by improving water quality through activities that also support community revitalization and local priorities. EPA"s Urban Waters Small Grants RFP intends to fund proposals for water quality projects located in urban areas. It is anticipated that projects funded under this announcement will promote a comprehensive understanding of local water quality issues; identify and support activities that address these issues at the local level; engage, educate, and empower communities surrounding the water body; and benefit surrounding communities including those that have been adversely impacted by the water pollution issues affecting the urban water body. In order to achieve the objectives of the program, proposals should address the following elements: 1. Leads to the environmental restoration of an urban water body. i. Water Quality Restoration Proposals should describe how the project will contribute to environmental restoration of an urban water body. The description should include the characteristics of the project area that identify it as "urban", using supporting information (such as total population relative to adjacent areas, population density, land use or density of created structures, etc.). The proposal should also describe the urban water body, which may include any body of water, all or an important part of which flows through or is located in the urban project area (e.g., wetlands, rivers, lakes, bays, estuaries, reservoirs, canals, etc.), and describe how the planned work addresses important water quality threats or impairments. ii. Relevance to Community Priorities Proposals should describe how the proposed project makes water quality restoration of the urban water body relevant to community priorities, which may include public health, social and economic revitalization, and livability goals. Community priorities may be demonstrated through available community information (e.g., documented community interests, community plans, surveys, polls, studies, etc.). The description should include how the project uses community priorities as a way to engage local residents and sustain their engagement over the time horizon required for water quality improvement beyond EPA Urban Waters Small Grants funding. iii. Success Potential/Feasibility Proposals should describe how the proposed project uses a creative or effective approach to restore water quality within the urban area. The description should discuss the readiness of the project (in particular, the projects success potential or feasibility). 2. Partnerships. Proposals should identify appropriate and necessary partnerships to successfully conduct the project. Effective partnerships are very important to urban waters work. Partnerships between organizations focused on water quality, environmental justice concerns and other community priorities can greatly benefit from one another«s experience. In their proposals, applicants should demonstrate their ability to identify appropriate and necessary partnerships to successfully conduct the project including how they plan to involve surrounding communities that have been adversely impacted by the water pollution issues affecting the urban water body (e.g., minority, low income or indigenous populations) in the design, planning, and performance of the project. Partnerships should include organizations that have the skills, expertise and networks related to environmental justice, community revitalization and other local priorities. Some examples of key partners include local residents, industry businesses, academic institutions, non-profit organizations, communities surrounding the urban water body, and other suitable partners to work on urban water issues. If a working partnership already exists or is under development, the proposal should identify all parties involved, as well as provide a clear description of the roles of each partner in the projects components/tasks and how each partner will contribute to the success of the project. If a working partnership exists, partnership letters of commitment should be included in the proposal package. Letters of commitment should describe the extent to which the partner will engage with the applicant to help effectively perform the project. If a partnership does not yet exist, proposals should describe how the applicant plans to engage partners and establish working partnerships to successfully complete the project. If the applicant does not intend to have partners, then an explanation should be provided on how it will effectively perform the project without partners. Please do not send letters of endorsement, recommendation, or support; they will not be considered. 3. Benefits to Community. Proposals should address how the project will benefit communities surrounding the urban water body that have been impacted by the water pollution issues affecting the urban water body. This includes communities comprised of minority, low income, or indigenous populations, as well as others that may be adversely impacted by the urban water body's water pollution issues. For example, proposals should describe community impacts related to the water pollution, which may include but are not limited to economic, health and environmental conditions as well as how the proposed project will benefit the surrounding communities. 11 As discussed in Section I.D. the statutory authority for the cooperative agreements to be funded under this announcement is Section 104(b)(3) of the Clean Water Act (CWA). Examples of projects that are eligible for funding under this announcement include, but are not limited to, those that: • Foster collaboration and/or coordinate a partnership among diverse stakeholders, including industry, environmental groups, upstream and downstream interests (actors), etc., to develop a plan or study. (*Funds cannot be used to implement such a plan). • Develop educational programs to provide training and recognition to schools, business, and homeowners on how to implement practices that reduce the amount of water pollution and/or stormwater entering the water body, or promote low -impact design (LID) and/or green infrastructure practices. • Map trails and other walkways along water bodies to identify gaps or areas where additional connectivity is needed (e.g. identify properties for potential acquisition or maintenance). • Establish a baseline monitoring program for routine water quality monitoring and support and /or establish monitoring to identify areas of concern and possible places where restoration efforts can be effectively targeted. • Provide education and training related to preparing community members for anticipated jobs in green infrastructure, water quality restoration, or other water quality improvement projects (i.e., green j obs). If the proposal includes a demonstration project, the applicant must describe how it meets the requirements set forth for demonstration projects, as discussed in Section I.D. Examples of projects that are not eligible for funding under this announcement include, but are not limited to those that: • Construct community access points such as overlooks, boat launches, and recreation areas; • Implement stormwater infrastructure improvements, including installation of low -impact development and green infrastructure; • Carry out community clean-ups; • Construct habitat for birds and other wildlife along the water body; • Construct connections between open space to provide corridors for birds and other wildlife; and • Restore stream banks. Proposals will be evaluated using the criteria outlined in Section V. Selections and awards will be made by EPA Regional Offices. Under this competition, only one proposal can be submitted per applicant. If an applicant submits more than one proposal, EPA will contact them before the review process begins to determine which one will be withdrawn. For the purposes of this RFP, EPA considers governmental units to be a single applicant per the definition of Grantee in 40 CFR 31.3 and they may submit only one proposal to EPA. The Agency will not accept proposals from more than one agency of the same governmental unit. However, applicants may list other eligible applicants as partners on proposals even if the partner also submits a proposal to EPA. Hard copy proposals must be submitted to the appropriate Regional Office, as described in Section IV. For all submittals (hard copy or electronic), the cover page of the Proposal Narrative (see Section IV.C) must include the appropriate Regional Office for the proposal. If an applicant is uncertain which Region to submit their proposal, they should contact Ji-Sun Yi by email at urbanwaters(kepa. gov. C. ENVIRONMENTAL RESULTS AND LINKAGE TO STRATEGIC PLAN The funding provided under this announcement supports the following goals of the FY 2006 — 2011 EPA Strategic Plan: Goal 2: Clean and Safe Water, Objective 2.2: Protect Water Quality, Sub-obj ective 2.2.1: Improve Water Quality on a Watershed Basis. In addition, funding under this announcement supports the following goals of the FY 2011 — 2015 EPA Strategic Plan: Goal 2: Protecting America«s Waters, Objective 2.2: Protect and Restore Watershed and Aquatic Ecosystems. Information on the FY 2006 — 2011 EPA Strategic Plan is available at http://nepis.epa.gov/Adobe/PDF/P 1001 IPK.PDF and information on the FY 2011 — 2015 EPA Strategic Plan is available at http://www.epa.gov/planandbudget/strategicplan.html. All proposed projects should demonstrate the linkage to both EPA Strategic Plans and include specific statements describing the environmental results of the proposed project in terms of well- defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to the overall goals listed above. Environmental results are a way to gauge a proj ect«s performance and are described in terms of outputs and outcomes. Environmental outputs (or deliverables) refer to an environmental activity, effort, and/or associated work product related to an environmental goal or objective, that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative, but must be measurable during a cooperative agreement funding period. Examples of anticipated environmental outputs from the cooperative agreements to be awarded under this announcement include, but are not limited to: • Core partnership is established representing community interests with those living and working in the community, affected by the project, up- and downstream stakeholders and key local, state and federal departments and agencies with regulatory jurisdiction or programmatic assistance. 0 • Number of outreach education and presentations to residents, businesses, green industry workforce and local/state officials conducted to improve understanding of water quality and community health and environmental issues, and to understand management practices suitable to reduce pollution identified in the management plan. • Maps are prepared illustrating all properties, current use and types of ownership. Maps are prepared illustrating designated or maintained trails, common paths, sidewalks, and railroad, pipeline and other right-of-ways for potential access. • Number of new locations and indicators identified for monitoring, number of new volunteer training workshops conducted, and arrangement of laboratory analysis and preparation of a Quality Assurance Project Plan (QAPP). • Number of green job trainings to improve the knowledge and experience in water quality improvement techniques provided to under -employed and unemployed residents. Number of workshops, educational materials, and other assistance applied during training. Environmental outcomes are the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to an environmental or programmatic goal or objective, and are used as a way to gauge a project"s performance and take the form of output measures and outcome measures. Outcomes may be environmental, behavioral, health -related, or programmatic in nature. Outcomes must be quantitative and may not necessarily be achieved within a cooperative agreement funding period. Outcomes may be short-term (changes in learning, knowledge, attitude, skills), intermediate (changes in behavior, practice, or decisions), or long-term (changes in condition of the natural resource). Examples of anticipated outcomes from the cooperative agreements to be awarded under this announcement include, but are not limited to: • Local and state ordinances are enacted / enforced to manage and resolve significant threats identified in the Urban Watershed Management Plan. Environmental and community improvements are undertaken by partners with responsibilities under the management plan. • Interest is generated and technical support is provided to X number of homeowners, business and community interests to design rain gardens, and other "green" practices that provide direct pollutant removal. As a result of this outreach campaign, X number of low - impact development educational sites are installed. • „Green" or open space, safe community access to waterways and surroundings are dedicated for public use; local or municipal maintenance is provided to improve community environment and safe access to waterways. 7 Knowledge and awareness of baseline conditions are established, areas of concern are identified, and results are transferred to help educate community decisions makers, residents and state and federal agencies. Hands-on training and installation of demonstration projects provides a larger workforce knowledgeable of rain gardens and other practices leading to a direct improvement on water quality. As part of the Proposal Narrative, an applicant will be required to describe how the project results will link the outcomes to both of the Agency«s Strategic Plans. Additional information regarding EPA«s discussion of environmental results in terms of outputs and outcomes can be found at: http://www.epa.gov/ogd/grants/award/5700.7.pdf. D. STATUTORY AUTHORITY The statutory authority for the cooperative agreements to be funded under this announcement is Section 104(b)(3) of the CWA, 33 USC § 1254(b)(3). CWA Section 104(b)(3) restricts the use of these cooperative agreements to the following: conducting or promoting the coordination and acceleration of research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects (including health and welfare effects), extent, prevention, reduction, and elimination of water pollution. Projects that are demonstrations must involve new or experimental technologies, methods, or approaches. EPA expects that the results of the project will be disseminated so that others can benefit from the knowledge gained in the demonstration project. A project that is accomplished through the performance of routine, traditional, or established practices, or a project that is simply intended to carry out a task rather than transfer information or advance the state of knowledge, however worthwhile the project might be, is not considered a demonstration project. For proposals that include demonstration projects, the applicant must describe how the project meets the above requirements. Implementation projects are not eligible for funding under this announcement. II. AWARD INFORMATION A. AMOUNT OF FUNDING The total estimated funding available for the awards under this competition is up to approximately $3.8 million, with $1.8 million currently available and up to an estimated additional $2 million anticipated in FY 2012. Funding is contingent upon Agency funding levels, the quality of proposals received, and other applicable considerations. EPA Regional Offices will award the cooperative agreements for projects resulting from this announcement. Approximately three to four cooperative agreements are anticipated to be awarded by each EPA Regional Office with funds currently available. Pending receipt of FY 2012 funds, it is anticipated that each EPA Regional Office may award up to approximately four additional cooperative agreements for projects resulting from this announcement. Applicants may not request more than $60,000 in federal funding — proposals requesting more than $60,000 in federal funds will not be reviewed. While there is no minimum, EPA suggests applicants 0 request at least approximately $40,000 in federal funds. A minimum non-federal cost share / match of $2,500 is required (see Section III.B for information on the cost share /match requirement). It is anticipated that funded cooperative agreements will have atwo-year project period. In appropriate circumstances, EPA reserves the right to partially fund a proposal by funding discrete portions or phases of a proposed project. If EPA decides to partially fund a proposal, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the proposal or portion thereof, was evaluated and selected for award, and therefore maintains the integrity of the competition and selection process. EPA reserves the right to make no awards under this announcement, or make fewer awards than anticipated. In addition, EPA reserves the right to make additional awards under this announcement, consistent with Agency policy and guidance, if additional funding becomes available after the original selections are made. Any additional selections for awards will be made within six months after the original selection decisions. B. TYPE OF FUNDING It is anticipated that cooperative agreements will be funded under this announcement. When a cooperative agreement is awarded, EPA will have substantial involvement with the project workplans and budget. Although EPA will negotiate precise terms and conditions relating to substantial involvement as part of the award process, the anticipated substantial federal involvement for a project selected may include: 1. Close monitoring of the recipient«s performance to verify the results proposed by the applicant; 2. Collaboration during the performance of the scope of work; 3. In accordance with the applicable regulations at 40 CFR Parts 30 and 31, review of proposed procurements; 4. Review of qualifications of key personnel (EPA does not have authority to select employees or contractors employed by the recipient); 5. Review and comment on tasks/deliverables and reports prepared under the cooperative agreement(s) (the final decision on the content of these reports rests with the recipient); and 6. Upon request by the recipient and subject to the availability of personnel, EPA will provide the recipient with access to EPA scientific expertise, sampling protocols, publicly available data, and other forms of technical assistance. C. CONTRACTS AND SUBAWARDS 1. Can funding be used for the applicant to make subawards, acquire contract services, or fund partnerships? EPA awards funds to one eligible applicant as the recipient even if other eligible applicants are named as partners or co -applicants or members of a coalition or consortium. The recipient is accountable to EPA for the proper expenditure of funds. 9 Funding may be used to provide subgrants or subawards of financial assistance, which includes using subawards or subgrants to fund partnerships, provided the recipient complies with applicable requirements for subawards or subgrants including those contained in 40 CFR Parts 3 0 or 31, as appropriate. Applicants must compete contracts for services and products, including consultant contracts, and conduct cost and price analyses, to the extent required by the procurement provisions of the regulations at 40 CFR Parts 30 or 31, as appropriate. The regulations also contain limitations on consultant compensation. Applicants are not required to identify subawardees/subgrantees and/or contractors (including consultants) in their proposal. However, if they do, the fact that an applicant selected for award has named a specific subawardee/subgrantee, contractor, or consultant in the proposal EPA selects for funding does not relieve the applicant of its obligations to comply with subaward/subgrant and/or competitive procurement requirements as appropriate. Please note that applicants may not award sole source contracts to consulting, engineering or other firms assisting applicants with the proposal solely based on the firm's role in preparing the proposal. Successful applicants cannot use subgrants or subawards to avoid requirements in EPA grant regulations for competitive procurement by using these instruments to acquire commercial services or products from for -profit organizations to carry out its assistance agreement. The nature of the transaction between the recipient and the subawardee or subgrantee must be consistent with the standards for distinguishing between vendor transactions and subrecipient assistance under Subpart B Section .210 of OMB Circular A-133 ,and the definitions of subaward at 40 CFR 30.2(ffl or subgrant at 40 CFR 31.3, as applicable. EPA will not be a party to these transactions. Applicants acquiring commercial goods or services must comply with the competitive procurement standards in 40 CFR Part 30 or 40 CFR Part 31.36 and cannot use a subaward/subgrant as the funding mechanism. 2. How will an applicant«s proposed subawardees/subgrantees and contractors be considered during the evaluation process described in Section V of the announcement? Section V of the announcement describes the evaluation criteria and evaluation process that will be used by EPA to make selections under this announcement. During this evaluation, except for those criteria that relate to the applicant's own qualifications, past performance, and reporting history, the review panel will consider, as appropriate and relevant, the qualifications, expertise, and experience of: (i) an applicant's named subawardees/subgrantees identified in the proposal if the applicant demonstrates in the proposal that if it receives an award that the subaward/subgrant will be properly awarded consistent with the applicable regulations in 40 CFR Parts 30 or 31. For example, applicants must not use subawards/subgrants to obtain commercial services or products from for -profit firms or individual consultants. (ii) an applicant's named contractor(s), including consultants, identified in the proposal if the applicant demonstrates in its proposal that the contractor(s) was selected in compliance with the competitive Procurement Standards in 40 CFR Part 30 or 40 CFR 31.36 as appropriate. For example, an applicant must demonstrate that it 10 selected the contractor(s) competitively or that a proper non-competitive sole -source award consistent with the regulations will be made to the contractor(s), that efforts were made to provide small and disadvantaged businesses with opportunities to compete, and that some form of cost or price analysis was conducted. EPA may not accept sole source justifications for contracts for services or products that are otherwise readily available in the commercial marketplace. EPA will not consider the qualifications, experience, and expertise of named subawardees / subgrantees and/or named contractor(s) during the proposal evaluation process unless the applicant complies with these requirements. III. ELIGIBILITY INFORMATION A. ELIGIBLE APPLICANTS States, local governments, territories, Indian Tribes, and possessions of the U.S. (including the District of Columbia), public and private universities and colleges, public or private nonprofit institutions, intertribal consortia, and interstate agencies are eligible to apply. Individuals, for - profit commercial entities and all federal agencies are not eligible to apply. Nonprofit organizations described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act 1995 are not eligible to apply. The term "interstate agency" is defined in CWA Section 502 as "an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator." An intertribal consortium is a partnership between two or more tribes that is authorized by the governing bodies of those tribes to apply for and receive assistance (see 40 CFR 35.502.). The intertribal consortium is eligible only if the consortium demonstrates that all of its members meet the eligibility requirements and authorize the consortium to apply for and receive assistance in accordance with 40 CFR 35.504 at the time of proposal submission. An intertribal consortium must submit with its proposal to EPA adequate documentation of the existence of the partnership and the authorization of the consortium by its members to apply for and receive the grant (see 40 CFR 35.504.). Nonprofit organizations may be asked to provide documentation that they meet the definition of a nonprofit organization in OMB Circular A-122, now at 2 CFR Part 230. The OMB Circular A- 122 is available at http://www.whitehouse.aov/omb/circulars a122 2004/. Interstate agencies may be asked to provide a citation to the statutory authority, which establishes their status. B. COST SHARING / MATCH REQUIREMENTS For this RFP, EPA has determined that an applicant must provide a minimum of $2,500 as the non-federal cost share / match. 11 The non-federal cost share / match may be provided in cash or can come from in -kind contributions, such as use of volunteers and/or donated time, equipment, expertise, etc., and is subject to the regulations governing matching fund requirements described in 40 CFR 30.23 or 40 CFR 31.24, as applicable. In -kind contributions often include salaries or other verifiable costs and this value must be carefully documented. In the case of salaries, applicants may use either minimum wage or fair market value. Cost share / match must be used for eligible and allowable project costs. Cost share / matching funds are considered grant funds and are included in the total award amount and should be used for the reasonable and necessary expenses of carrying out the workplan. All grant funds are subject to federal audit. Any restrictions on the use of grant funds (examples of restrictions are outlined in Section III.D of this announcement) also apply to the use of cost share / match. Other federal grants may not be used as cost share / match without specific statutory authority. In order to be considered for funding, all applicants must describe in their proposal submission how they will contribute the appropriate cost share / match requirement. Indian Tribes may be exempt from this cost share / match requirement if fulfilling the cost share / match requirement would impose undue hardship. Tribal governments wishing to be exempt from the minimum $2,500 cost share / match requirement must submit a one -page written request via e-mail to the Agency contact identified in Section VII with justification within 30 calendar days from the date of issuance of this announcement. EPA will notify the potential applicant of its decision within 10 business days of receipt of the written request. If the cost share / match exemption is approved, the proposal will be reviewed for threshold eligibility as satisfying the $2,500 cost share / match. C. THRESHOLD ELIGIBILITY CRITERIA Proposals must meet the following threshold criteria in order to be considered for funding. Only proposals that meet all of these criteria will be considered eligible and evaluated against the ranking factors in Section V of the announcement. Applicants deemed ineligible for funding consideration as a result of the threshold eligibility review will be notified within 15 calendar days of the ineligibility determination. 1. An applicant must meet the eligibility requirements in Section III.A of this announcement. 2. Proposals must substantially comply with the proposal submission instructions and requirements set forth in Section IV of this announcement or else they will be rejected. Where a page limit is expressed in Section IV.C.3 with respect to the Proposal Narrative, pages in excess of the page limitation will not be reviewed. Section IV.C.3 establishes a 10-page, single-spaced Proposal Narrative page limit that includes the cover page. 3. Proposals must be in compliance with CWA 104(b)(3) and include projects that conduct or promote the coordination and acceleration of research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects, extent, prevention, reduction, and elimination of water pollution. Projects that are demonstrations must involve new or experimental technologies, methods, or approaches. A project that is accomplished through the performance of routine, traditional, or 12 established practices, or a project that is simply intended to carry out a task rather than transfer information or advance the state of knowledge, however worthwhile the project might be, is not considered a demonstration project. For proposals that include demonstration projects, the applicant must describe how the project meets the above requirements. Implementation projects are not eligible for funding under this announcement. 4. Proposals requesting federal funds in excess of $60,000 will not be reviewed. 5. Applicants must demonstrate in their proposal how they will provide the minimum required non-federal cost share/match of $2,500 as described in Section III.B. 6. Proposals must be received by EPA or received through Grants.gov, as specified in Section IV of this announcement, on or before the proposal submission deadline published in Section IV of this announcement. If submitting a hard copy proposal, applicants are responsible for ensuring that their proposal reaches the designated person / office specified in Section IV of the announcement by the submission deadline. 7. If the applicant chooses to submit a hard copy of the proposal, it must be submitted by hand delivery, express delivery service, or courier service. Hard copy proposals submitted by any type of regular U.S. Postal Service mail will not be considered. EPA will not accept faxed or emailed submissions. 8. Proposals received after the submission deadline will not be considered unless the applicant can clearly demonstrate that it was late due to EPA mishandling or because of technical issues attributable to grants.gov. For hard copy submissions, where Section IV requires proposal receipt by a specific person / office by the submission deadline, receipt by an agency mailroom is not sufficient. Applicants should confirm receipt of their proposal with the appropriate Regional EPA contact listed in Section IV.B.2 as soon as possible after the submission deadline; failure to do so may result in your proposal not being reviewed. 9. Only one proposal per applicant can be submitted under this RFP. If an applicant submits more than one proposal, EPA will contact them before the review process begins to determine which one will be withdrawn. D. FUNDING RESTRICTIONS All costs incurred under this program must be allowable under the applicable Office of Management and Budget (OMB) Cost Circulars: A-87 (States and local governments), A-122 (nonprofit organizations), or A-21 (universities). Copies of these circulars can be found at http://www.whitehouse.aov/omb/circulars/. In accordance with EPA policy and the OMB circulars, as appropriate, any recipient of funding must agree not to use assistance funds for lobbying, fund-raising, or political activities (i.e., lobbying members of Congress or lobbying for other federal grants, assistance agreements, or contracts). Funds cannot be used to pay for travel by federal agency staff. Proposed project activities must also comply with all state and federal regulations applicable to the project area. It is the responsibility of the applicant to ensure compliance. IV. APPLICATION AND SUBMISSION INFORMATION A. APPLICATION PACKAGES 13 Grant application forms, including Standard Forms (SF) 424 and SF 424A, are available at http://www.epa.,zov/ogd/grants/how to apply.htm and by mail upon request by calling the Grants and Interagency Agreements Management Division at (202) 564-5320. B. FORM OF APPLICATION SUBMISSION Applicants have the option to submit their proposals in one of two ways: 1) electronically via www.grants.gov or 2) hard copy and CD by overnight delivery, hand delivery, or courier service to the EPA contact identified in Section IV.13.2. Proposals that are submitted via regular U.S. Postal mail, FAX or e-mail will not be considered. All proposals must be prepared, and include the information, as described in Section IV.C. CONTENT OF PROPOSAL SUBMISSION, regardless of mode of submission. As discussed in Section I.B. selections and awards will be made by EPA Regional Offices. For hard copy submissions (electronic submittals are sent through grants.gov), the appropriate EPA Regional Office to send the proposal to is determined by the geographic location of the project, not the location of the applicant. For example, if the proposed project takes places in Louisiana, the proposal should be submitted to EPA Region 6 (see Section IV.B.2). If the project location is served by two or more EPA Regions (for example, the project is located in both Pennsylvania (served by EPA Region 3) and New Jersey (served by EPA Region 2)), the applicant must submit the proposal to the appropriate EPA Regional Office based on where the majority of the work will take place. Only one proposal per applicant can be submitted. For all submittals (hard copy or electronic), the cover page of the Proposal Narrative (see Section IV.C) must include the appropriate Regional Office for the proposal. If an applicant is uncertain which Region to submit their proposal to, they should contact Ji-Sun Yi by email at urbanwatersAepa.gov. 1. Grants.gov Submission Applicants who wish to submit their materials electronically through the Federal government"s Grants.gov web site may do so. Grants.gov allows an applicant to download an application package template and complete the package offline based on agency instructions. After an applicant completes the required application package, it can submit the package electronically to Grants.gov, which transmits the package to the funding agency. The electronic submission of your proposal must be made by an official representative of your institution who is registered with Grants.gov and is authorized to sign applications for Federal assistance. For more information, go to http://www.,!izrants.,!iZov and click on "Get Registered" on the left side of the page. Note that the registration process may take a week or longer to complete. If your organization is not currently registered with Grants.gov, please encourage your office to designate an Authorized Organization Representative (AOR) and ask that individual to begin the registration process as soon as possible. To begin the proposal process under this grant announcement, go to http://www.grants.gov and click on the "Apply for Grants" tab on the left side of the page. Then click on "Apply Step 1: 14 Download a Grant Application Package" to download the compatible Adobe viewer and obtain the application package. To apply through Grants.gov you must use Adobe Reader applications and download the compatible Adobe Reader version (Adobe Reader applications are available to download free on the Grants.gov website). For more information on Adobe Reader, please visit the Help Section on grants.gov at http://www.grants.gov/help/help.jsp or. http://www.grants.gov/aboutgrants/program status.jsp. Once you have downloaded the viewer, you may retrieve the proposal package by entering the Funding Opportunity Number, EPA-OW-I0-12-01, or the CFDA number that applies to the announcement (CFDA 66.440), in the appropriate field. You may also be able to access the proposal package by clicking on the Application button at the top right of the synopsis page for this announcement on http://www.grants.gov (to find the synopsis page, go to http://www.grants.gov and click on the "Find Grant Opportunities" button on the left side of the page and then go to Search Opportunities and use the Browse by Agency feature to find EPA opportunities). Proposal Submission Deadline Your organization"s AOR must submit your complete proposal electronically to EPA through Grants.gov (http://www.grants.gov) no later than 11:59 PM EST January 23, 2012. Please submit all of the proposal materials described below. Proposal Materials The following forms and documents are required to be submitted under this announcement: I. Application for Federal Assistance (SF-424). II. Budget Information for Non -Construction Programs (SF-424A). III. Proposal Narrative - prepared as described in Section IV.0 of this announcement. The proposal package must include all of the following materials: I. Standard Form (SF) 424, Application for Federal Assistance Complete the form. There are no attachments. Please be sure to include the organization fax number and e-mail address in Block 5 of the Standard Form SF 424. Please note that the organizational Dun and Bradstreet (D&B) Data Universal Number System (DUNS) number must be included on the SF-424. Organizations may obtain a DUNS number at no cost by calling the toll -free DUNS number request line at 1-866-705-5711. II. Standard Form SF 424A — Budget Information: 15 Complete the form. There are no attachments. The total amount of Federal funding requested for the project period should be shown on line 5(e) and on line 6(k) of SF-424A. If indirect costs are included, the amount of indirect costs should be entered on line 60). The indirect cost rate (i.e., a percentage), the base (e.g., personnel costs and fringe benefits), and the amount should also be indicated on line 22. III. Proposal Narrative Prepare the Proposal Narrative in accordance with the instructions in Section IV.C.3 of this announcement. The document should be readable in PDF or MS Word and consolidated into a single file. Proposal Preparation and Submission Instructions Documents I through III listed under Proposal Materials above should appear in the "Mandatory Documents" box on the Grants.gov Grant Application Package page. For documents I and II, click on the appropriate form and then click "Open Form" below the box. The fields that must be completed will be highlighted in yellow. Optional fields and completed fields will be displayed in white. If you enter an invalid response or incomplete information in a field, you will receive an error message. When you have finished filling out each form, click "Save." When you return to the electronic Grant Application Package page, click on the form you just completed, and then click on the box that says, "Move Form to Submission List." This action will move the document over to the box that says, "Mandatory Completed Documents for Submission." For document III, Proposal Narrative, you will need to attach electronic files. Prepare your proposal narrative as described in Section IV.C.3 of the announcement and save the document to your computer as an MS Word or PDF file. When you are ready to attach it to the application package, click on "Project Narrative Attachment Form," and open the form. Click "Add Mandatory Project Narrative File," and then attach your proposal narrative (previously saved to your computer) using the browse window that appears. You may then click "View Mandatory Project Narrative File" to view it. Enter a brief descriptive title of your project in the space beside "Mandatory Project Narrative File Filename;" the filename should be no more than 40 characters long. If there other attachments that you would like to submit to accompany your proposal narrative, you may click "Add Optional Project Narrative File" or use the "Other Attachments" form and proceed as before. When you have finished attaching the necessary documents, click "Close Form." When you return to the "Grant Application Package" page, select the "Project Narrative Attachment Form" and click "Move Form to Submission List" The form should now appear in the box that says, "Mandatory Completed Documents for Submission." Once you have finished filling out all of the forms/attachments and they appear in one of the "Completed Documents for Submission" boxes, click the "Save" button that appears at the top of the Web page. It is suggested that you save the document a second time, using a different name, since this will make it easier to submit an amended package later if necessary. Please use the 16 following format when saving your file: "Applicant Name — FYI — Urban Waters Small Grants — 1 st Submission" or "Applicant Name — FY 12 Urban Waters Small Grants — Back-up Submission." Once your proposal package has been completed and saved, send it to your AOR for submission to U.S. EPA through Grants.gov. Please advise your AOR to close all other software programs before attempting to submit the proposal package through Grants.gov. In the "Application Filing Name" box, your AOR should enter your organization"s name (abbreviate where possible), the fiscal year (e.g., FY12), and the grant category (e.g., Urban Waters Small Grants). The filing name should not exceed 40 characters. From the "Grant Application Package" page, your AOR may submit the application package by clicking the "Submit" button that appears at the top of the page. The AOR will then be asked to verify the agency and funding opportunity number for which the application package is being submitted. If problems are encountered during the submission process, the AOR should reboot his/her computer before trying to submit the proposal package again. [It may be necessary to turn off the computer (not just restart it) before attempting to submit the package again.] If the AOR continues to experience submission problems, he/she may contact Grants.gov for assistance by phone at 1-800-518-4726, or e-mail at http://www.grants.gov/help/help.is-p. or contact Ji-Sun Yi at 1-202-566-0730, or e-mail at urbanwaters(�,epa.gov. Proposal packages submitted thru Grants.gov will be time/date stamped electronically. If you have not received a confirmation of receipt from EPA (notftom Grants.gov) within 30 days of the proposal deadline, please contact Ji-Sun Yi as indicated above. Failure to do so may result in your proposal not being reviewed. 2. Hard Copy and Compact Disc (CD) Submission Two hard copies of all required documents listed in Section IV.C, CONTENT OF APPLICATION SUBMISSION, and an electronic version on a CD, are required to be sent by express delivery service, courier service, or hand delivered to the appropriate EPA Regional contact mailing address listed below. States / territories served by each Region are provided in parentheses. These Regional contacts are listed for the sole purpose of where applicants should send their hard copies. Please do not contact Regions with questions regarding this announcement. To help ensure that responses are consistent and made available to all potential applicants, all questions must be submitted in writing via email to urbanwaters(kepa.gov, as specified in Section VII. As noted above, the proposal must be submitted to the appropriate EPA Regional Office that serves the project location. If the project location is served by two or more EPA Regions (for example, the project is located in both Pennsylvania (served by EPA Region 3) and New Jersey (served by EPA Region 2), the applicant must submit the proposal to the appropriate EPA Regional Office based on where the majority of the work will take place. Only one proposal per applicant can be submitted. The cover page of the Proposal Narrative (see Section IV.C) must include the appropriate Regional Office for the proposal. If an applicant is uncertain which 17 Region to submit their proposal, they should contact Ji-Sun Yi, by e-mail at urbanwatersAepa. gov. Please mark all submissions: ATTN: FY12 URBAN WATERS SMALL GRANTS RFP. The electronic version copied on the CD may be in PDF or MS Word format. Annotated resumes (preferably no more than two pages each) may need to be scanned so that they can be submitted electronically as part of the CD. Proposal submissions sent by hard copy with CD must be received by the appropriate Regional Office identified below by 4:00 P.M. EST January 23, 2012. Hard copy proposal submission contacts: Region 1 (CT, MA, ME, NH, RI, VT) Caitlyn Whittle U.S. EPA Region 1 5 Post Office Square Suite 100 (OEP06-1) Boston, MA 02109-3912 (617) 918.1748 whittle. caitlynAepa. gov Region 2 (NJ, NY, PR, Virgin Islands) Cyndy Kopitsky U.S. EPA Region 2 290 Broadway, 24th Floor New York, NY 10007-1866 (212) 637.3832 kopitsky . cyndy Aepa.gov Region 3 (DC, DE, MD, PA, VA, WV) Catherine King U.S. EPA Region 3 (3WP10) 1650 Arch Street Philadelphia, PA 19103 (215) 814.2657 king . Catherine (kepa-gov Region 4 (AL, FL, GA, KY, MS, NC, SC, TN) Franklin Baker U.S. EPA Region 4 (9T25) 61 Forsyth Street, SW Atlanta, GA 30303 (404) 562.9757 baker. frank(?e�gov Region 5 (IL, IN, MI, MN, OH, WI) 18 Peg Donnelly U.S. EPA Region 5 (WQ-16J) 77 West Jackson Boulevard Chicago, IL 60604 (312) 886.6109 donnelly.peggyAepa.gov Region 6 (AR, LA, NM, OK, TX) Adele Cardenas U.S. EPA Region 6 (6WQ) 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 (214) 665.7210 Cardenas. adele k epa. gov Region 7 (IA, KS, MO, NE) Jennifer Ousley U.S. EPA Region 7 (WWPD/WPIB) 901 N. St" Street Kansas City, KS 66101 (913) 551.7498 ousley.jenniferAepa. o�v Region 8 (CO, MT, ND, SD, UT, WY) Stacey Eriksen U.S. EPA Region 8 (8EPR-EP) 1595 Wynkoop Street Denver, CO 80202-1129 (303) 312.6692 eriksen. stacey (kepa.gov Region 9 (AZ, CA, HI, NV, Guam, Northern Mariana Islands) Jared Vollmer U.S. EPA Region 9 (WTR-3) 75 Hawthorne Street San Francisco, CA 94105 (415) 972.3447 vollmer. j ared(&,eT _gov Region 10 (AK, ID, OR, WA) Mary Lou Soscia U.S. EPA Region 10 Oregon Operations Office (000) 805 S.W. Broadway, Suite 500 Portland, OR 97205 (503) 326.5873 19 soscia.mar.. uAepa.gov C. CONTENT OF APPLICATION SUBMISSION Applicants must read the following section very closely. A complete proposal package must include the following three documents described below: 1. Signed Standard Form (SF) 424, Application for Federal Assistance. Complete the form. There are no attachments. Please be sure to include organization fax number and e-mail address in Block 5 of the SF 424. Please note that the organizational Dun and Bradstreet (D&B) Data Universal Number System (DUNS) number must be included on the SF 424. Organizations may obtain a DUNS number at no cost by calling the toll -free DUNS number request line at 1-866-705-5711 or by visiting the website at www.dnb.com. 2. SF 424A, Budget Information for Non -Construction Programs. Complete the form. There are no attachments. The total amount of federal funding requested for the project should be shown on line 5(e) and on line 6(k) of the SF-424A. If indirect costs are included, the amount of indirect costs should be entered on line 60). The indirect cost rate (a percentage), the base (e.g., personnel costs and fringe benefits), and the amount should also be indicated on line 22. If indirect costs are requested, a copy of the Negotiated Indirect Cost Rate Agreement must be submitted as part of the application package. In Section B, Budget Categories column (1) should be filled out for federal funds, column (2) should be filled out for non-federal cost share/match, if applicable. 3. Proposal Narrative NOTE: The Proposal Narrative (including cover page) must be limited to no more than 10 single-spaced, typewritten 8.5x11-inch pages (a page is one side of paper). Pages should be consecutively numbered for ease of reading. It is recommended that applicants use a standard 12-point type with 1-inch margins. While these guidelines establish the minimum type size recommended, applicants are advised that readability is of paramount importance and should take precedence in selection of an appropriate font for use in the proposal. Additional pages beyond the 10-page single-spaced limit will not be considered. Supporting materials (such as annotated resumes, letters of commitment, documentation of community priorities, grant forms, etc.) do not have to be within the page limit. Documentation pertaining to Quality Assurance/Quality Control is also not covered by the page limit. The Proposal Narrative, including items 1-2 below, must be typewritten and must include the information described below. If a particular item is not applicable, clearly state this. 1. Cover Page including: i. Name of Applicant; ii. Regional Office for the Proposal; 20 iii. Urban Project Area and Name of Urban Water Body; iv. Project Title (the project title should reflect the main project outcome/objective and should be 15 words or less); v. Key personnel and contact information (i.e., e-mail address and phone number); vi. Total project cost (specify the amount of federal funds requested, the non-federal cost share / match, and the total project cost); and vii. Abstract (the abstract should begin with one or two sentences describing the main objective of the proposal. It should also include a listing of the main tasks to be accomplished, and a description of the anticipated outputs and outcomes. The entire abstract should be 250 words or less). 2. Project description containing: a) Technical Approach —The technical approach should include a description of how the project addresses the following elements as discussed in Section I.B of this announcement. i. Water Quality Restoration —Refer to Section I.B. ii. Relevance to Community Priorities — Refer to Section I.B. iii. Success Potential/Feasibility — Refer to Section I.B. b) Partnerships —Refer to Section I.B. c) Benefits to Community —Refer to Section I.B. d) Environmental Results and Measuring Progress - i. Stated Objective/Link to EPA Strate is Plan - List the objective of the project and describe the linkage to the EPA Strategic Plans (see Section I.0 of this announcement). The Urban Waters Small Grants support the following goals of the FY 2006 — 2011 EPA Strategic Plan: Goal 2: Clean and Safe Water, Objective 2.2 : Protect Water Quality, Sub - objective 2.2.1: Improve Water Quality on a Watershed Basis. In addition, the Urban Waters Small Grants support the following goals of the FY 2011 — 2015 EPA Strategic Plan: Goal 2: Protecting America«s Waters, Objective 2.2 : Protect and Restore Watershed and Aquatic Ecosystems. 21 ii. Results of Activities (Outputs) -List the products/results which are expected to be achieved from accomplishment of the project activities and an approach for tracking your progress toward achieving the expected project output(s) (examples of outputs can be found in Section LC of this announcement). iii. Anticipated Environmental Improvement (Outcomes) -List the anticipated environmental improvements to be accomplished as a result of the project activities. These improvements are changes or benefits to the environment which are a result from the accomplishment of project outputs. Describe an approach for tracking your progress toward achieving the expected project outcome(s) (examples of outcomes can be found in Section LC of this announcement). e) Milestone Schedule — Provide a projected milestone schedule that covers each year of the total grant period request and provides a breakout of the project activities into phases with associated tasks and a timeframe for completion of tasks. The project start date will follow award acceptance by the successful applicants. f) Transfer of Results — Provide a description of how the applicant will transfer the results of the project to state, tribal, and local governmental agencies, other community and watershed organizations, public and private organizations, and/or other interested stakeholders. For example, the applicant could create opportunities for sharing best practices and lessons learned in the form of meetings, web casts, or other mechanisms. g) Detailed Budget Narrative — Provide a detailed budget and estimated funding amounts for each project component/task. Identify the requested federal dollars, demonstrate how the non- federal cost share / match will be met and provide a total project cost. This section provides an opportunity for narrative description of the budget or aspects of the budget found in the SF 424A (i.e., personnel, travel, contractual, other). All subgrant funding should be located under the "other" category. Helpful tips on writing a budget may be found at http://www.epa.gov/o/oad/recipient/tips.htm. i. Total costs must include separate breakdowns for federal costs and non-federal cost share / matching components (a minimum $2,500 non-federal cost share / match is required). Explain if and how partners will contribute to the required cost share / match. Attach letters of commitment from intended cost share / match partners, to your proposal. Letters 22 of commitment are not counted in the page limit and should be submitted on applicable letterhead. Describe cost- effectiveness, reasonableness of costs, and value of in -kind contributions. If applicable, include any travel for applicant staff to attend any necessary meetings throughout the proposed project period, including having one representative from the recipient organization attend the Urban Waters Small Grants National Training Workshop (see Section VIX of this announcement for additional information). Describe itemized costs in sufficient detail for EPA to determine the reasonableness and allowability of costs for each project component/task. ii. When formulating budgets for proposals, the applicant must not include management fees or similar charges in excess of the direct costs and indirect costs at the rate approved by the applicant«s cognizant audit agency, or at the rate provided for by the terms of the agreement negotiated with EPA. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs that are not allowable under EPA assistance agreements. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. h) Programmatic Capability/Specialized Experience i. Organizational Experience — Provide a brief description of your organizational experience related to the proposed project, and your infrastructure as it relates to your ability to successfully implement the proposed project. ii. Staff Expertise/Qualifications — Provide a list of key staff and briefly describe their expertise/qualifications and knowledge, and describe your resources or the ability to obtain them to successfully achieve the goals of the project. Include an estimate of the number of full-time equivalent (FTE) workers (based on 2080 hours per year/FTE). List proposed partner entities, and describe their roles, and whether they will participate as subgrantees. Annotated resumes of applicant"s key staff (no more than two pages each) are also encouraged and are not included in the page limit. i) Past Performance —Briefly describe federally and/or non -federally funded assistance agreements (an assistance agreement is a grant 23 or cooperative agreement and not a contract) similar in size, scope, and relevance to the proposed project that your organization performed within the last five years (no more than three such agreements and preferably EPA agreements) and: i. Describe whether, and how, you were able to successfully complete and manage those agreements. ii. Describe your history of meeting the reporting requirements under those agreements including submitting acceptable final technical reports. iii. Describe how you documented and/or reported on whether you were making progress towards achieving the expected results (i.e., outputs and outcomes) under those agreements. If you were not making progress, please indicate whether, and how, you documented why not. Note: In evaluating the applicant«s past performance, the Agency will consider the information supplied by the applicant in its proposal, and may also consider relevant information from other sources including Agency files (e.g., Grantee Compliance Database) and prior/current grantors (e.g., to verify and/or supplement the information provided the by applicant). If you do not have any relevant or available past performance information, please indicate this in the proposal and you will receive a neutral score for these factors under Section V. Failure to provide any past performance information, or to include a statement in the proposal that you do not have any relevant or available past performance or reporting information, may result in a zero score for these factors (see also Section V). j) Quality Assurance/Quality Control (QA/QC) (not included in the page limit) — If you plan to collect or use environmental data or information, explain how you will comply with the Quality Assurance/Quality Control requirements (see Section VIII.A QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) of this announcement for additional information). NOTE: The applicant should also provide in its Proposal Narrative any additional information, to the extent not already identified above, that addresses the selection criteria found in Section V. D. SUBMISSION DATES AND TIMES Proposals submitted by hard copy with CD must be received by the appropriate EPA Regional Office contact identified in Section IV.13.2 by 4:00 P.M. EST January 23, 2012. Proposals 24 submitted electronically via http://www.rants.gov must be received by 11:59 P.M. EST January 23, 2012. Late proposals will not be considered for funding. E. CONFIDENTIAL BUSINESS INFORMATION EPA recommends that you do not include confidential business information ("CBI") in your proposal. However, if CBI is included, it will be treated in accordance with 40 CFR 2.203. Applicants must clearly indicate which portion(s) of their proposal they are claiming as CBI. EPA will evaluate such claims in accordance with 40 CFR Part 2. If no claim of confidentiality is made, EPA is not required to make the inquiry to the applicant otherwise required by 40 CFR 2.204(c)(2) prior to disclosure. The Agency protects competitive proposals from disclosure under applicable provisions of the Freedom of Information Act prior to the completion of the competitive selection process. V. Application Review Information A. SELECTION CRITERIA All eligible proposals, based on the Section III threshold eligibility review, will be evaluated based on the evaluation criteria and weights below (100-point scale). Points will be awarded based on how well and thoroughly each criterion and/or sub -criterion is addressed in the proposal package. 1) Technical Approach (30 Under this criterion, applicants will be evaluated based on points) the extent and quality to which the proposal demonstrates how the project addresses the following elements as described in Section I.B: a) Water Quality Restoration —How well the proposal identifies the project area as "urban" and how well the proposed project will contribute to future environmental restoration of the urban water body. Restoration efforts include addressing important water quality threats or impairments. (15 points) b) Relevance to Community Priorities —How well the proposed project makes water quality restoration of the urban water body relevant to community priorities and strives to engage local residents in a sustainable way. (5 points) c) Success Potential/Project Feasibility —How well the proposed project demonstrates a creative or effective approach to restoring water quality within the urban area and is prepared to begin work. (10 points) 25 2) Partnerships (8 points) Under this criterion, applicants will be evaluated based on their ability to demonstrate appropriate and necessary partnerships to successfully conduct the project (as described in Section I.B) including whether they have provided a clear description of the roles of specific partners in the project's components/tasks, and how these partnerships will contribute to the success of the proposed projects, and the extent to which communities surrounding the urban water body (including but not limited to minority, low income, or indigenous population communities) are participating in the project. (8points) 3) Benefits to Community Proposals will be evaluated based on the extent to which (7 points) they demonstrate how they will benefit communities surrounding the urban water body (as described in Section I.B) that have been impacted by the water pollution issues affecting the urban water body. This includes communities comprised of minority, low income, or indigenous populations, as well as others that may be adversely impacted by the urban water body"s water pollution issues. (7 points) 4) Milestone Proposals will be evaluated based on the extent and quality Schedule/Detailed to which the proposal demonstrates the following: Budget/Transfer of Results (15 points) a) Clearly articulated milestone schedule for project tasks. (5 points) b) Reasonableness of the budget and estimated funding amounts for each project task. Applicants will be evaluated based on: the adequacy of the information provided in the detailed budget; whether the proposed costs are reasonable and allowable; and how well the applicant demonstrated cost-effectiveness and value of the project. Total project costs must include both federal and required cost share /match (non-federal) components. (5 points) c) How well the applicant will transfer the results of the proposed project to state, tribal, and local governmental agencies, other community and watershed organizations, and/or other interested stakeholders. (5 points) 26 5) Environmental Results (20 points) Proposals will be evaluated based on the following elements: a) The extent and quality to which the proposal demonstrates potential environmental results, anticipated outputs and outcomes, and how the outcomes are linked to EPA's Strategic Plans (see Section I of announcement). (10 points) b) The extent and quality to which the proposal demonstrates a sound plan for tracking progress toward achieving the expected outputs and outcomes (examples of outputs and outcomes are provided in Section LC of the announcement). (10points) 6) Programmatic Under this criterion proposals will be evaluated based on the Capability/Specialized applicant"s ability to successfully complete and manage the Experience (10 points) proposed project taking into account the applicant"s: a) Organizational experience related to the proposed project, and their infrastructure as it relates to their ability to successfully implement the proposed project. (5 points) b) Staff experience/qualifications, staff knowledge, and resources, or the ability to obtain them, to successfully implement the proposed project. (5points) 7) Past Performance (10 Under this criterion, applicants will be evaluated based on points) their ability to successfully complete and manage the proposed project taking into account their: a) Past performance in successfully completing and managing federally and/or non -federally funded assistance agreements (an assistance agreement is a grant or cooperative agreement and not a contract) similar in size, scope, and relevance to the proposed project performed within the last five years (no more than three, and preferably EPA agreements). (4 points) b) History of meeting reporting requirements under federally and/or non -federally funded assistance agreements (an assistance agreement is a grant or cooperative agreement and not a contract) similar in size, scope, and relevance to the proposed project performed within the last five years (no more than three, and preferably EPA agreements) and submitting acceptable final technical reports under these agreements. (3 points) 27 c) Extent and quality to which they documented and/or reported on their progress towards achieving the expected results (e.g. outcomes and outputs) under federally and/or non -federally funded assistance agreements (an assistance agreement is a grant or cooperative agreement and not a contract) performed in the last 5 years (no more than three, and preferably EPA agreements), and if such progress was not being made, whether the applicant adequately documented why not. (3 points) Note: In evaluating applicants under this criterion, the Agency will consider the information supplied by the applicant in its proposal, and may also consider relevant information from other sources including Agency files (e.g. Grantee Compliance Database) and prior/current grantors (e.g., to verify and/or supplement the information provided by the applicant). Applicants who have no relevant or available past performance information will receive a neutral score for these factors (i.e., 2 points for subcriterion a), 1.5 points for subcriterion b), and 1.5 points for subcriterion c)). Failure to provide any past performance information, or to include a statement in your proposal that you do not have any relevant or available past performance information, may result in a zero score for the factors. B. REVIEW AND SELECTION PROCESS Each Regional Office will review proposal submissions for proposed projects located in its associated geographic region. A proposal where the project location is served by two or more Regional Offices will be reviewed by the Regional Office to which the proposal was submitted to as described in Section IV.B. All proposals received by EPA in hard copy or via grants.gov by the submission deadline will first be screened by EPA Regional staff against the threshold criteria in Section III of the announcement. Proposals that do not pass the threshold review will not be evaluated further or considered for funding. All eligible proposals will then be evaluated by a Regional review panel, which will be composed of EPA staff, and which may also include representatives from other federal agencies that are part of the Urban Waters Federal Partnership. Evaluations will be based on the 100-point scale described in Section V.A above. Proposals will be ranked based on the reviewers" scores, and the scores and rankings will be provided to the EPA Regional Selection Official(s) for final funding decisions. In making the final funding decisions, the Regional Selection Officials may also consider geographic diversity, project diversity, and funding availability. 28 VI. AWARD ADMINISTRATION INFORMATION A. AWARD NOTICES Following EPA"s evaluation of proposals, all applicants will be notified regarding their status. Final applications will be requested from those eligible entities whose proposal has been successfully evaluated and preliminary recommended for award. Those entities will be provided with instructions and a due date for submittal of the final application package. EPA reserves the right to negotiate and/or adjust the final grant amount and workplan prior to award, as appropriate and consistent with Agency policy including the Policy for Competition of Assistance Agreements, EPA Order 5700.5AL An approvable final workplan narrative is required to include: 1. Workplan components to be funded under the cooperative agreement; 2. Estimated work years and the estimated funding amounts for each workplan component; 3. Workplan commitments for each workplan component and a timeframe for their accomplishment; 4. Performance evaluation process and reporting schedule in accordance with §35.115 of 40 CFR; and 5. Roles and responsibilities of the recipient and EPA (for cooperative agreements only) in carrying out the workplan commitments. In addition, successful applicants will be required to certify that they have not been Debarred or Suspended from participation in federal assistance awards in accordance with 40 CFR Part 32. Any additional information about this RFP will be posted on EPA"s Urban Waters website at http://www.epa.,c�ov/urbanwaters/funding. Deadline extensions or other modifications will be posted on this website and www. rants.gov. B. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS The general award and administration process for this RFP is governed by regulations at 40 CFR Part 30 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations), 40 CFR Part 31 (States, Tribes, interstate agencies, intertribal consortia and local governments), and 40 CFR Part 35, Subpart A ("Environmental Program Grants for State, Interstate, and Local Government Agencies") and Subpart B ("Environmental Program Grants for Tribes"). These regulations can be found at http://www.epa.,tyov/epacfr40/chapt-I.info/chi-toc.htm. A description of the Agency"s substantial involvement in the cooperative agreements will be included in the final assistance agreement. C. NON-PROFIT ADMINISTRATIVE CAPABILITY CLAUSE 29 Non-profit applicants that are recommended for funding under this announcement are subject to pre -award administrative capability reviews consistent with Section 8b, 8c and 9d of EPA Order 5700.8 - Policy on Assessing Capabilities of Non -Profit Applicants for Managing Assistance Awards (http://www.epa.aov/oad/grants/award/5700 8.pdf). In addition, non-profit applicants that qualify for funding may, depending on the size of the award, be required to fill out and submit to the Grants Management Office the Administrative Capabilities Form with supporting documents contained in Appendix A of EPA Order 5700.8. D. SUBAWARD AND EXECUTIVE COMPENSATION REPORTING Applicants must ensure that they have the necessary processes and systems in place to comply with the sub -award and executive total compensation reporting requirements established under OMB guidance at 2 CFR Part 170, unless they qualify for an exception from the requirements, should they be selected for funding. E. CENTRAL CONTRACTOR REGISTRATION (CCR) AND DATA UNIVERSAL NUMBERING SYSTEM (DUNS) REQUIREMENTS Unless exempt from these requirements under OMB guidance at 2 CFR Part 25 (e.g., individuals), applicants must: 1. Be registered in the CCR prior to submitting an application or proposal under this announcement. CCR information can be found at https://www.bpn.gov/ccr/; 2. Maintain an active CCR registration with current information at all times during which it has an active Federal award or an application or proposal under consideration by an agency, and 3. Provide its DUNS number in each application or proposal it submits to the agency. Applicants can receive a DUNS number, at no cost, by calling the dedicated toll -free DUNS Number request line at 1-866-705-5711, or visiting the D&B website at: http://www.dnb.com. If an applicant fails to comply with these requirements, it will, should it be selected for award, affect their ability to receive the award. F. UNLIQUIDATED OBLIGATIONS An applicant that receives an award under this announcement is expected to manage assistance agreement funds efficiently and effectively and make sufficient progress towards completing the project activities described in the work -plan in a timely manner. The assistance agreement will include terms/conditions implementing this requirement. G. INTERGOVERNMENTAL REVIEW This program may be eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be 30 followed in applying for assistance, if the State has selected the program for review. Further information regarding this can be found at http://www.whitehouse.gov/omb/grants/spoc.html. H. DISPUTE PROCEDURES Assistance agreement competition -related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR (Federal Register) 3629, 3630 (January 26, 2005) which can be found at: http://www.epa.Gov/ogd/competition/resolution.htm. Copies may also be requested by contacting the Agency contact in Section VII. I. COPYRIGHTS In accordance with 40 CFR 3 0.3 6 for institutions of higher education, hospitals, and other non- profit organizations, or 40 CFR 31.34 for other recipients, EPA reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes copyrighted works developed under a grant, subgrant or contract under a grant or subgrant. Examples of Federal purpose include but are not limited to: (1) Use by EPA and other Federal employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and local governments that carry out delegated Federal environmental programs as "co -regulators" or act as official partners with EPA to carry out a national environmental program within their jurisdiction; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA"s authorization to the grantee to use the copyrighted material. J. REPORTING In general, recipients are responsible for managing the day-to-day operations and activities supported by the assistance funding, to assure compliance with applicable federal requirements, and for ensuring that established milestones and performance goals are being achieved. Performance reports and financial reports must be submitted semi-annually and are due 30 days after the reporting period. The final report is due 90 days after the assistance agreement has expired. Recipients will be required to report direct and indirect environmental results from the work accomplished through the award. In negotiating assistance agreements, EPA will work closely with the recipient to incorporate appropriate performance measures and reporting requirements in the workplan consistent with 40 CFR 3 0.51, 31.40, and 40 CFR Part 45. In addition, it is anticipated that by the end of the assistance agreement performance period, grantees will provide a report to describe the project as a success story that helps other communities across the country learn from their experience. K. NATIONAL TRAINING WORKSHOP 31 Urban Waters Small Grants recipients will be required to attend an EPA -sponsored Urban Waters Small Grants National Training Workshop. It is anticipated that the workshop will take place over a period of up to 2 days during the first year of the cooperative agreement performance period. One representative from the recipient organization should plan to attend. The purpose of this training is to help the recipient with strategic planning and cooperative agreement management, as well as afford grantees numerous opportunities to network with other Urban Waters community representatives. The workshop location has not yet been determined. The recipient will be allowed to use cooperative agreement funds to pay for one person«s travel and lodging to attend the National Training Workshop. If the recipient wishes to use cooperative agreement funds for travel expenses to the National Training Workshop, these costs must be included in the submitted proposed budget. VII. AGENCY CONTACTS Note to Applicants: In accordance with EPA's Assistance Agreement Competition Policy (EPA Order 5700.5AI), EPA staff will not meet with individual applicants to discuss draft proposals, provide informal comments on draft proposals, or provide advice to applicants on how to respond to ranking criteria. Applicants are responsible for the contents of their proposals. However, consistent with the provisions in the announcement, EPA will respond to questions from individual applicants regarding threshold eligibility criteria, administrative issues related to the submission of the proposal, and requests for clarification about the announcement. Questions must be submitted in writing via e-mail and must be received by the Agency Contact identified below by January 16, 2012 and written responses will be posted on EPA«s website at http://www.epa.gov/urbanwaters/funding. Agency Contact Ji-Sun Yi Phone Number: (202) 566-0730 E-mail: urbanwaters(keTgov In addition, EPA will host two national Information Sessions regarding this announcement via webinar, based on the schedule below. EPA will attempt to answer any appropriate questions in these public forums. Registration information for both Information Sessions can be found at http://www.epa.Gov/urbanwaters/funding. Wednesday, December 14, 2011 at 2:00 p.m. (EST) Thursday, January 5, 2012 at 2:00 p.m. (EST) Questions and answers from these Information Sessions will also be posted at http://www.epa.gov/urbanwaters/funding. VIII. OTHER INFORMATION A. QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) 32 Quality Assurance/Quality Control requirements apply to these grants (see 40 CFR 30.54 and 40 CFR 31.45). QA/QC requirements apply to the collection of environmental data. Environmental data are any measurements or information that describe environmental processes, location, or conditions; ecological or health effects and consequences; or the performance of environmental technology. Environmental data include information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. Successful applicants should allow sufficient time and resources for this process. EPA can assist successful applicants in determining whether QA/QC is required for the proposed project. If QA/QC is required for the project, the successful applicant may work with the EPA QA/QC staff to determine the appropriate QA/QC practices for the project. See Section VII., AGENCY CONTACTS for Agency Contact information for referral to an EPA QA/QC staff. The successful applicant must ensure all water quality data generated in accordance with an EPA approved Quality Assurance Project Plan, either directly or by subaward, is transmitted into the Agency"s Storage and Retrieval (STOREY) Data Warehouse annually or by project completion using either WQX or WQXweb. Water quality data that are appropriate for STOREY include physical, chemical, and biological sample results for water, sediment and fish tissue. The data include toxicity data, microbiological data, and the metrics and indices generated from biological and habitat data. The Water Quality Exchange (WQX) is the water data schema associated with the EPA, State and Tribal Exchange Network. Using the WQX schema partners map their database structure to the WQX/STOREY structure. WQXweb is a web -based tool to convert data into the STOREY format for smaller data generators that are not direct partners on the Exchange Network. More information about WQX, WQXweb, and the STOREY Warehouse, including tutorials, can be found at http://www.epa.gov/storet/wqx/ B. DATA SHARING All recipients of these assistance agreements may be required to share any data generated through this funding agreement as a defined deliverable in the final workplan. C. DATA ACCESS AND INFORMATION RELEASE The Office of Management and Budget (OMB) Circular A-110 has been revised to provide public access to research data through the Freedom of Information Act (FOIA) under some circumstances. Data that are (1) first produced in a project that is supported in whole or in part with Federal funds and (2) cited publicly and officially by a Federal agency in support of an action that has the force and effect of law (i.e., a regulation) may be accessed through FOIA. If such data are requested by the public, the EPA must ask for it, and the grantee must submit it, in accordance with A-110 and EPA regulations at 40 C.F.R. 30.36. D. EXCHANGE NETWORK EPA, states, territories, and tribes are working together to develop the National Environmental Information Exchange Network, a secure, Internet- and standards -based way to support electronic data reporting, sharing, and integration of both regulatory and non -regulatory environmental data. States, tribes and territories exchanging data with each other or with EPA, 33 should make the Exchange Network and the Agency's connection to it, the Central Data Exchange (CDX), the standard way they exchange data and should phase out any legacy methods they have been using. More information on the Exchange Network is available at www.exchan�enetwork.net. E. URBAN WATERS FEDERAL PARTNERSHIP The Urban Waters Program supports the goals and principles of the Urban Waters Federal Partnership (www.urbanwater ) which is a partnership of eleven federal agencies working to reconnect urban communities with their waterways by improving coordination among federal agencies and collaborating with community -led revitalization efforts to improve the nation"s water systems and promote their economic, environmental and social benefits. The Urban Waters Federal Partnership closely aligns with and advances the work of the White House"s place -based efforts, including the Partnership for Sustainable Communities (http://www.sustainablecommunities.gov/aboutUs.html), to revitalize communities, create jobs and improve the quality of life in cities and towns across the nation. The Urban Waters Federal Partnership also advances the work of President Obama"s America"s Great Outdoors Initiative. EPA"s approach to protect and restore America"s urban waters is outlined in the Urban Waters Strategic Framework, available at http://www.epa.gov/urbanwaters/StrategicFramework.pdf. This Strategic Framework strives to meet the following five Intended Outcomes: Improved connection to Urban Waters, understanding of urban waters and their potential, sense of public ownership of urban waters, protection and restoration of urban waters, and community revitalization. F. UNFUNDED PROPOSALS Subject to the availability of funds, funding authorities, and other considerations, the U.S. Forest Service (an Urban Waters Federal Partnership agency) may consider for funding proposals not selected for funding by EPA under this RFP. 34 CANAL RESTORATIONS IN THE FLORIDA KEYS Statement of Problem/Project Scope: Construction of residential canals in the Florida Keys was initiated in the mid-20th century, before resource managers fully understood their impacts on local water quality and broader coastal ecosystems. Many of the 502 canal systems currently present in the Keys were excavated to depths of 20 — 25 feet in order to maximize production of fill material. Most were designed as long, multi -segmented, dead-end canal networks which maximize waterfront property but provide little or no tidal flushing and accumulate nutrients and decomposing organic material. The Florida Department of Environmental Protection (FDEP) has determined that the water quality is impaired in multiple water bodies (WBIDS) throughout the Florida Keys. The Florida Keys Reasonable Assurance Documentation Update of 2011 (RAD Update) outlined extensive waste water and storm water restoration activities to address the nutrient impairments from these sources. However, FDEP recognizes that even after the restoration and management activities detailed in the RAD are completed, water quality in many canals will likely not achieve Class III marine standards, as required by regulation. The varying nature of canals with poor water circulation, weed wrack, organic sediments, and/or water depth were the cited reasons. Since the canals discharge directly to near shore Outstanding Florida Waters in the Florida Keys National Marine Sanctuary (FKNMS), where FDEP adopted a "zero -degradation" policy for marine waters, addressing on -going canal water quality impairment is of utmost importance. This project proposes to implement restoration techniques that will further improve the water quality in the Florida Keys canals and thus the affected near shore waters. Relationship to Existing Federal/State Plans: The Magnuson -Stevens Fishery Conservation and Management Reauthorization Act of 2006 provides for federal protection of commercial fisheries species and protection of essential fish habitat, which are both present in the Florida Keys. Canal restoration measures will help to reverse a declining fish population trend and better protect nursery habitats. The FKNMS was established by Congress in 1990. Under its authority, NOAA and the FDEP manage all waters as well as natural and cultural resources surrounding the Florida Keys. The Sanctuary's Water Quality Protection Program (WQPP) was mandated by Congress and developed jointly by EPA, NOAA, the State of Florida, and Monroe County. Centralized waste water system development has been a focal effort of the Sanctuary and its WQPP over the last several years. Now that these efforts are well underway, the WQPP recognizes that addressing the impaired water quality in the canals is the next focus. In 2007, the FKNMS developed a canal water quality improvement strategy that includes implementing improvement strategies in the canals. In 2012 the WQPP Steering Committee convened a Water Quality Canal Subcommittee to manage and oversee the implementation of canal water quality improvements. Benefits to Natural Resources: The near shore tidal waters of the Florida Keys are a fragile, extremely valuable and unique ecosystem that supports many species of commercial importance, including the snapper -grouper complex, red drum, stone crab, and spiny lobster. Essential fish habitat in the Florida Keys includes critical breeding and hatchling habitats such as the extensive seagrass beds in Florida Bay and the Gulf of Mexico and coral reefs in the southern Atlantic Ocean. These habitats are extremely sensitive to sedimentation, turbidity, and nutrient loading — all problems that have been attributed to, in part, by the water quality of the Keys' canal systems. The health of nearshore essential fish habitat has been negatively affected by oil spills and other human activity in the Gulf of Mexico, and low water quality output from the Keys canals represents a long-term cumulative impact on these resources. Canal restoration measures will help to reverse this trend and better protect nursery habitat for species covered under the Magnuson -Stevens Fishery Conservation and Management Reauthorization Act. In addition, improved canal water quality in the Florida Keys will directly benefit a number of marine species listed for protection under the Endangered Species Act of 1973 (ESA), These species — which include the West Indian manatee, many species of sea turtles, acroporid corals, and the small - toothed sawfish — also depend on near shore seagrass and coral reef habitats. Improvements to near shore water quality resulting from improvements to the canal systems will reduce stresses on these critically important marine communities. Economic Benefits: Monroe County is the only county on the entire Gulf Coast that contains a barrier coral reef, which provides the ecological foundation for fisheries and a tourism -based economy that generates more than 70,000 jobs and is worth over $6 billion. The Keys are considered the `fishing capital of the world', generating hundreds of world records and billions of dollars of economic impact. The Keys provide essential habitats and critical spawning grounds for many of the commercially and recreationally -harvested fish species that populate the Gulf. Key West is also the 20t" most valuable commercial fishing port in the nation. Improved canal and near shore water quality will help to sustain and improve these natural resources that are the economic base of the Keys. Work Accomplished to Date to Address Water Quality Impairment: A total of $900 million will be spent replacing inefficient septic tanks and cesspits with centralized waste water treatment plants and collection systems. In addition to implementing waste water and storm water improvements, Monroe County, through FDEP and EPA grant funding, is developing a Canal Management Master Plan to prioritize need for improvement of the water quality in the canals and identify appropriate restoration techniques. A $100,000 bathymetry survey is being undertaken to support design of canal restoration measures. A proposal to commit $5,000,000 of County infrastructure money for pilot testing canal restoration technologies is in the development stage. Estimated Costs: The likely cost to implement the canal restorations is thought to range from $191- $298 million, based upon a preliminary assessment of canal conditions and assumptions regarding design and construction costs. The estimated number of canals that may require restoration is only preliminary and will be revised as additional data is collected and evaluated. It is assumed that some canals may achieve adequate water quality improvement through the installation of waste water collection and treatment systems alone and will not require additional canal restoration. The tables below have been provided to illustrate the range in total restoration costs as well as variation between technologies. These tables will assist in prioritization of utilization of funds. Estimated Number of Canal Restorations by Selected Technology Scenario Weed Organics Pumping Culverts Backfilling Total Wrack Gate Removal Low Range 62 31 20 20 40 173 High Range 72 54 34 1 34 60 1 254 Likely Range in Cost by Selected Technologies ($M) Number Weed Organics Scenario of Wrack Removal Pumping Culverts Backfilling Total Canals Gate Low Range 173 $3 $21 $5 $2 $160 $191 High Range 254 $5 $38 $8 $7 $240 $298 4 ClekKls op-9;�a� AGREEMENT NO. S0607 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO LINE ITEM 1596 OF THE 2011-2012 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1100 Simonton Street, Suite 2-283, Ivey `]Vest, Florida 33040 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide financial assistance for the Monroe County Canal Management Master Plan. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end no later than June 30, 2012, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution and until the expiration of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $100,000. The parties hereto understand and agree that this Agreement does not require a cost sharing or match on the part of the Grantee. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs, upon the completion, submittal and approval of deliverables identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. A final payment request must be submitted to the Department no later than June 28, 2012, to assure the availability of funds for payment. In addition to the summary form, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. Travel expenses will not be reimbursed under the terms and conditions of this Agreement. C. In addition to the invoicing requirements contained in paragraph 3.13. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (3 0) calendar days of such request. The Grantee may also be required to submit a cost allocation - plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.coi-n/aadir/refereiice`/`5Fguide. DEP Agreement No. S0607, Page 1 of 6 D. l . The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by - program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. 2. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. 3. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. Progress Reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the monthly reporting period. Each Progress Report shall be submitted on Attachment C, Progress Report Form, and shall describe the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. The Department's Grant Manager shall have ten (10) calendar days to review the required reports and deliverables submitted by the Grantee. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (3 0) calendar days written notice. 8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(l)(a), Florida Statutes. DEP Agreement No. S0607, Page 2 of 6 9. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment D, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment D summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: http.s-.i//ai)p.s.fl fs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment E, attached hereto and made a part hereof, within four (4) months following the end of the Grantee's fiscal year. Attachment E should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The Grants Development and Review Manager is available to answer any questions at (850) 245-2361. 11. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. DEP Agreement No. S0607, Page 3 of 6 12. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 13. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 14. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. 15. The Department's Grant Manager for this Agreement is identified below. Rand Landers Florida Department of Environmental Protection South District Office Post Office Box 2549 Ft. M ers, Florida 33901 Telephone No.: (239) 344-5659 Fax No.: (850) 412-0590 E-mail Address: Randal. landers de .state.fl.us 16. The Grantee's Grant Manager for this Agreement is identified below. Rhonda Haag Monroe County Board of County Commissioners Sustainability Pro ram Manager Insert Address here 1100 Simonton Street, Suite 2--283 Telephone No.: (305) 292-4482 Fax No.: (305) 292-4515 E-mail Address: Haa -Rhonda monroecount -fl. Uov 17. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 18. The Grantee warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 19. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. DEP Agreement No. 50607, Page 4 of 6 20. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Project Agreement. 21. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 22. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B . An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 23. Land acquisition is not authorized under the terms of this Agreement. 24. If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 25. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 50607, Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: Title. Date: ROE COUNTY ATTORNEY PPROVED AS To ORM: 4 W. SSEL ASS1 STANT COUNTY ATT ORNEY ate-_ cae I)EN) CLEPY FEID No.:59-6000749 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION : Secretary or designee Date: Aro/L1c 7, go/ -z,- "K�andy Landers, Grant Manager DEP Contracts Administrator Approved as to form and legality: �NS1.w DEP ttorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (6,Pages ) Attachment B Payment Request Summary Form (2 Pages) Attachment C Progress Report Form (2-Pages) Attachment D Special Audit Requirements (5 Pages)........ Attachment E Certification of Applicability to Single Audit Act Reporting.0 Pages) DEP Agreement No. S0607, Page 6 of 6 ATTACHMENT A GRANT WORK PLAN I Project Title: Monroe County Canal Management Master Plan I Project Location: Monroe County Florida Kevs Watershed IHUC= 03090203. Project Background: The work to be accomplished under this Agreement is for development of a Phase I Canal Management Master Plan (CMMP). This work under this Agreement includes identification of the highest -priority canals for potential implementation of restoration options and development of an initial short-list of restoration projects. For each site on the short-list of canal restoration projects implementation options will be developed, a detailed scope of work and budget will be prepared, and potential funding sources identified. The final deliverable will be an Initial Canal Management Master Plan document. Justification Statement: This project is needed to develop cost-effective and feasible strategies to improve water quality in artificial canals in the Florida Keys National Marine Sanctuary (FKNMS). Many of these canals do not meet the State's minimum water quality criteria and are a potential source of nutrients and other contaminants to near shore waters designated as Outstanding Florida Waters and subject to special protection under the Florida Statutes. This project is a priority of the FKNMS water Quality Protection Program (WQPP) Steering Committee which recently passed a motion to develop a plan to prioritize canal restoration projects and to identify funding sources for these projects. The tourism economy of the Keys depends largely on clean water and a healthy environment and this project is fully supported by the WQPP Steering Committee and local governments in Monroe County. The successful implementation of this project is also consistent with the goals of the Florida Keys Reasonable Assurance Document that was recently adopted by the Department in order to satisfy the requirements of the Impaired Waters Rule, Chapter 62-3 03 of the Florida Administrative Code. Project Description: Task 1: COLLATE AVAILABLE INFORMATION AND SUMMARIZE PLAN OBJECTIVES Task 1.1: Reports and publications relevant to canal management and restoration will be obtained from local, state and federal agencies, searches of online databases, and other sources. These reports will be disseminated to the appropriate members of the subcontractor's (AMEC) project team for review, based on the subject material and team members' areas of expertise. Deliverable: A list of reports and publications that were reviewed. The list of reports and publications shall include a review of the current state of the science related to water quality restoration within impaired manmade canal systems. Emphasis shall be placed on coastal Florida systems where possible. The report shall identify best management practices that have been used successfully elsewhere to improve water quality in artificial canals and basins. Budget: $3,000 Contractual Services Performance Measure: The Department's Grant Manager will review the deliverables and determine if they are acceptable using the following criteria: • The list of reports and publications will be reviewed to ensure the following criteria has been met: o Include a review of the current state of the science related to water quality restoration within impaired manmade canal systems. Must reflect an emphasis on coastal Florida systems where possible. o Must identify best management practices that have been used successfully elsewhere to improve water quality in artificial canals and basins. DEP Agreement S0607, Attachment A, Page 1 of 6 Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: May 1, 2012 Task 1.2: Project Geodatabase that was originally developed by AMEC in 2003, and is to be updated, will be reviewed for accuracy and completeness. Deliverable: A report describing any identified data deficiencies in the updated electronic GIS database originally developed by AMEC (formerly MACTEC) during the 2003 Monroe County Residential Canal Inventory and Assessment (MACTEC Project No. 40700-1-2681, June 2003). Budget: $1,064 Contractual Services Performance Measure: The Department's Grant Manager will review the deliverables and determine if they are acceptable using the following criteria: • The report will be reviewed to ensure the following criteria has been met: o Describes in detail any identified data deficiencies in the updated electronic GIS database originally developed by AMEC (formerly MACTEC) during the 2003 Monroe County Residential Canal Inventory and Assessment (MACTEC Project No. 40700-1-2681, June 2003). Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: May 1, 2012 Task 1.3: Objectives Statement will be developed for the management plan. An example of the form the objectives statement may take (borrowed from the existing wastewater master plan), is: The objective of the CMMP is to provide an ecologically sound and economically feasible implementation strategy for improving and managing the environmental quality of canal systems in the Florida Keys. The plan will provide flexible and cost-effective solutions that improve canal management practices throughout the Keys and satisfy the existing and future needs of the community. It must address affordability and equity issues, reflect key stakeholder concerns, and satisfy environmental and regulatory criteria and guidelines. Deliverable: A report of the process used to develop the initial Objectives Statement for the canal management plan shall include an account of the process used to prepare the objectives statement. Budget: $2,246.60 Performance Measure: The Department's Grant Manager will review the deliverables and determine if they are acceptable using the following criteria: The report will be reviewed to ensure the following criteria has been met: o Includes a descriptive summary of the process used to develop the initial Objectives Statement for the canal management plan o Includes an account of the process used to prepare the objectives statement. Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: May 1, 2012 Task 2: IDENTIFY AND RAND PRIORITY MANAGEMENT ISSUES FOR RESIDENTIAL CANALS An initial prioritized list of the canal management and restoration issues that will be addressed in the CMMP will be developed. This will build upon the work that has already been done identifying a `Hot Spot' list of water quality problem areas. Based on initial reviews of the Monroe County Comprehensive Plan, the Florida Keys Reasonable Assurance Documents (FKRADs), Monroe County Sanitary Wastewater Master Plan, Monroe County Stormwater Management Master Plan, and Florida Keys National Marine Sanctuary Revised Management Plan, and other sources, some possibilities include: • Water quality - nutrient loading, nutrient enrichment and eutrophication Water quality - dissolved oxygen/hypoxia Water quality - organic matter(e.g.,weed wrack DEP Agreement S0607, Attachment A, Page 2 of 6 • Water quality — human pathogen levels ► Water quality --- compliance with regulatory requirements (e.g., WQ criteria; WBID impairments; TMDLIReasonable Assurance process; NNC when adopted) • Sediment quality — anoxia; sulphides; sediment contaminants (TELIPEL exceedances) • Habitat quality --- benthic community; intertidal community; shoreline stability and vegetation ► Physical characteristics --- maximum depth; bathymetry; geometry; orientation ► Physical characteristics — circulation and flushing • Physical characteristics — effects on local hydrology • Public involvement in the canal management process Because of the short timeline associated with this phase of the project (which must be completed by June 30, 2012), it is anticipated that this issues list will be a preliminary one. The objective of this task will be to provide an initial list of the highest -priority canal management and restoration issues, which will be sufficient to guide work on Tasks 3, 4 and 5 (below). It is anticipated that a more comprehensive priorities list, appropriate for inclusion in a Keys - wide master plan, will be developed in a future phase of the project, if funding is available to support that work effort. In order to meet the June 30, 2012, deadline for completion of Tasks 4 and 5, we assume that work on Task 2 will be conducted expeditiously, in a brief series of Subcommittee meetings, and completed in April 2012. Deliverable: A report describing the decision making process used to develop the ranked list of priority issues. The report shall include a ranked list of priority management issues that will guide the work in Tasks 3, 4 and 5 (below). Budget: $14,143.00 Performance Measure: The Department's Grant Manager will review the deliverables and determine if they are acceptable using the following criteria: The report will be reviewed to ensure the following criteria has been met: o Includes a detailed description of the decision making process used to develop the ranked list of priority issues. o Includes a ranked list of priority management issues that will guide the work in Tasks 3, 4 and 5 Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: May 1, 2012 Task 3: ESTABLISH CONSENSUS -BASED MANAGEMENT GOALS FOR EACH PRIORITY ISSUE Ideally, the goals should be quantitative, living --resource based (when possible), readily measurable, and challenging but achievable. As with Task 2, because of the short timeline associated with Phase 1, we anticipate that this list of management goals will be a preliminary one. The objective of this task will be to provide initial goal statements for the highest -priority canal management and restoration issues identified in Task 2, sufficient to guide work on Tasks 4 and 5 (below). More comprehensive goal statements, appropriate for inclusion in a Keys -wide master plan, will be developed in a future phase of the project, if funding becomes available. In order to meet the June 30, 2012, deadline for completion of Tasks 4 and 5, we assume that work on Task 3 will be conducted expeditiously and completed by mid -May, 2012. Deliverable: A report detailing the process used to develop the management goals for each priority issue. The memorandum shall include the specific goal(s) established for each of the management issues. Budget: $3,632.60 Contractual Services Performance Measure: The Department's Grant Manager will review the deliverables and determine if they are acceptable using the following criteria: The report will be reviewed to ensure the following criteria has been met: o Includes a detailed description of the process used to develop the management goals for each priority issue. o Includes specific goal(s) established for each of the management issues. DEP Agreement S0607, Attachment A, Page 3 of 6 Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: May 1.0, 2012 Task 4: IDENTIFY THE HIGHEST -PRIORITY CANALS FOR POTENTIAL IMPLEMENTATION OF RESTORATION OPTIONS Based on the priority issues identified in Task 2, the Grantee will identify a list of canals that will receive detailed consideration for potential implementation of restoration options. For each of the major restoration options identified in the project geodatabase, one or more canals or canal systems will be identified for more detailed considerations. The list of potential locations will be evaluated for selection of the specific sites and projects for which funding and implementation options will be developed in Task 5. Deliverable: A report detailing the description of the process used to develop the list of potential locations for implementation of restoration options. A list of the locations of the highest ranked priority canals requiring restoration will also be submitted. Budget: $25,591.20 Performance Measure: The Department's Grant Manager will review the deliverables and determine if they are acceptable using the following criteria: The report will be reviewed to ensure the following criteria has been met: o Includes a detailed description of the process used to develop the list of potential locations for implementation of restoration options. o Includes a list of the locations of the highest ranked priority canals requiring restoration. Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: May 24, 2012 Task 5: DEVELOP THE INITIAL SHORT-LIST OF RESTORATION PROJECTS This is the key task of this initial phase of the project, and is intended to provide a short-list of project sites and restoration activities for which implementation funds will be sought during the next one to two years. For each project site, the team will identify implementation options and potential funding sources (e.g., grants through the 319 [h], TMDL water Quality Restoration, Homeowner Associations, or other appropriate funding programs). In order to be eligible and competitive for grant funding, a detailed scope of work and budget will need to be developed for each potential project. Anticipated water quality improvements from each project will be estimated for the purposes of inclusion with any grant application. Other grant application requirements vary among funding programs, but the requirements of Florida's TMDL Water Quality Restoration program can be used for illustrative purposes: "Applicants are eligible for the TMDL Water Quality Restoration Grant for the following types of projects: • The project reduces storm water pollutant loadings from urban areas that discharge to water bodies on the state's verified list of impaired waters. • The project is at least at the 60% design phase. i The project is permitted or the permit has been scheduled for approval at the next meeting of the water management district governing hoard or Department. The project includes storm event monitoring to determine the actual load reduction. • The construction will be completed within three years of appropriation of the funds by the Legislature in order to ensure fund remain available. • The applicant provides a minimum of 50% of the total project cost in matching funds, of which at least 25% are provided by the local government. • The grant funds are used for construction of best management practices, monitoring to determine pollutant load reductions, or public education activities specifically associated with the project and may only occur after the date of contract. Funds spent in advance of contract may be used for match, such as design, land acquisition, and other costs incurred by the applicant. " (Source: http:I/www-.dep.state.fl.us;'waterlwatersliedsftmdl_grant.htm ; accessed Feb. 20, 2012) DEP Agreement S0607, Attachment A, Page 4 of 6 Other funding programs have different eligibility requirements. For example, the requirement that the project be at the 60% design phase is not a requirement of the States' 319[h] grant program Deliverable: A report that includes the following: The short-list of projects selected for immediate restoration implementation, the potential sources of funding that will be pursued for each restoration project, and the information that will be needed to prepare grant applications for each identified funding source. A summary of each selected short-listed project. At a minimum, the project summaries shall include a description of the affected WBID, impairments addressed by the project, conceptual restoration design, estimated improvements associated with the project, preliminary budget and scope of work, and potential sources of funding to construction the project. An attempt will be made to obtain canal depth information from local residents, if required for costing purposes. • For each potential restoration project, a list of the grant application requirements that have already been fulfilled and a list of additional items that will need to be completed before a grant application can be submitted. • A list of applicable state and federal grant opportunities and corresponding deadlines shall be prepared for each selected project. Information on the application deadlines for the larger state and federal grant programs during 2012 and 2013, providing information to the Canal Subcommittee and Steering Committee on the scheduling that will be necessary when developing grant application packages. A grant application checklist shall be provided for each selected project to include a list of requirements that have been fulfilled and additional items that need to be addressed before a completed application can be submitted. Budget: $42,905.20 Contractual Services Performance Measure: The Department's Grant Manager will review the deliverables and determine if they are acceptable using the following criteria: The report will be reviewed to ensure the following criteria has been met: o Includes a summary of each selected short-listed shovel -ready projects. o Each of the project summaries must include a description of the affected WBID, impairments addressed by the project, conceptual restoration design, estimated improvements associated with the project, preliminary budget and scope of work, and potential sources of funding to construction the project. o Reflects attempts to obtain canal depth information from local residents, if required for costing purposes. o Includes a list of applicable state and federal grant opportunities and corresponding deadlines shall be prepared for each selected project. o Includes a grant application checklist for each selected project to include a list of requirements that have been fulfilled and additional items that need to be addressed before a completed application can be submitted. Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: June 15, 2012 Task 6: ESTABLISH ADAPTIVE MANAGEMENT PROCESS Identify the steps that will be utilized to periodically assess the effectiveness of the restoration and management actions, measure progress toward goals, report that progress to stakeholders and funding entities, and (if and when necessary) redirect efforts in more productive directions. As with Tasks 2 and 3, because of the short timeline associated with Phase 1 of this project, the objective of this task will be to provide a preliminary description of the adaptive management process in condensed form. A more comprehensive summary, appropriate for inclusion in a Keys -wide master plan, will be developed in a future phase of the project if funding becomes available. Deliverable: A report detailing the description of the process used to develop the adaptive management process, including a summary of the adaptive management process. DEP Agreement S0607, Attachment A, Page 5 of 6 Budget: $2,512.00 Contractual Services Performance Measure: The Department's Grant Manager will review the deliverables and determine if they are acceptable using the following criteria: The report will be reviewed to ensure the following criteria has been met: o Includes a detailed description of the process used to develop the adaptive management process and a summary of the adaptive management process. Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: June 8, 2012 Task 7: PREPARE INITIAL CMMP DOCUMENT The purpose of this task is to summarize the results of Tasks 1-6 and make the information available to stakeholders in the form of a user-friendly document. It will include an appropriate subset of the information present in the information provided as deliverables for those tasks, along with introductory and summary sections, a table of contents, an executive summary, and relevant tables, figures, maps and other graphical material developed in Tasks 1 through 6. A presentation to the water Quality Steering Committee will be presented at the next meeting in July 2012 (actual meeting date TBD) summarizing the information gathered through the study. Because of the short timeline associated with Phase I of this project, the initial CMMP document will be a highly - condensed and preliminary version of a management plan. A more comprehensive document, appropriate to serve as a Keys -wide master plan, will be developed in a future phase of the project if funding becomes available.. Deliverable(s): A management plan document produced by extracting relevant and appropriate information from the information prepared for Tasks 1 through 6 and shall serve as the final document produced as part of this Work Plan. At a minimum, the report shall consist of sections including an executive summary, introduction, project summary, selected alternatives, project scopes and budgets, and a strategic plan for implementation of each project. Relevant tables and figures, and other graphical information shall be included to provide stakeholders and other interested parties with a user-friendly summary of the work performed. The management plan developed under this task may be used to develop a comprehensive Keys -wide canal master plan. Budget: $4,905.40 Contractual Services Performance Measure: The Department's Grant Manager will review the deliverables and determine if they are acceptable using the following criteria: The Canal Management Master Plan will be reviewed to ensure the following criteria has been met: o Includes a compilation of information produced in Task I through 6 and can serve as the final document produced as a part of this work plan. o Consists of sections to include an executive summary, introduction, summary of proposed shovel - ready projects based upon the assessments of all canal systems in Monroe County, selected alternatives, scope of each project and associated budgets, and strategic plans for implementation of each the shovel- ready project. Relevant tables and figures, and other graphical information shall be included to provide stakeholders and other interested parties with a user-friendly summary of the work performed. o Must be able to be used to develop a comprehensive Keys -wide canal master plan. Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: June 22, 2012 DEP Agreement 50607, Attachment A, Page 6 of 6 Grantee: Mailing Address: DEP Agreement No.: Date Of Request: ATTACHMENT B PAYMENT REQUEST SUMMARY FORM S0607 Task/Deliverable Amount Requested:$ Grantee's Grant Manager: Payment Request No.: Performance Period: Task/Deliverable o.: GRANT EXPENDITURES SUMMARY SECTION I Effective Date of Grant throuLh End -of -grant Period CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $NIA $NIA $NIA $NIA Fringe Benefits $NIA $NIA $NIA $NIA Travel (if authorized) $NIA $NIA $NIA $NIA Subcontracting: $N/A $NIA Contractual Services $ $ $NIA $N/A Design $NIA $NIA $NIA $NIA Construction $N/A $NIA $NIA $NIA Equipment Purchases $NIA $NIA $NIA $NIA Supplies/Other Expenses $NIA $NIA $NIA $NIA Land $NIA $NIA $NIA $NIA Indirect $NIA $NIA $NIA $NIA TOTAL AMOUNT $ $ $NIA $NIA TOTAL TASK BUDGET AMOUNT $ $NIA Less Total Cumulative Payments of: $ $NIA TOTAL REMAINING IN TASK $ $NIA GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above r .r r > > •r • t 1 l.1 1 1 was iur Rern5 LnaL were cliarueu Lo miu ULHILeu 0111V iur UIC aUUVU WWU F-I-WIL ULAIVILA Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number DEP 55-223 (07/10) DEP Agreement No. S0607, Attachment B, Page 1 of 2 is. INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period. TASK NO.: Enter the number of the task that you are requesting payment for. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out for this task/deliverable during the invoice period for which you are requesting reimbursement. This must agree with the budget category as in the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative section of the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK B UDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASIK" line. "TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been claimed to date for reimbursement by budget category. The final report should show the total of all payments; first through the final payment (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the invoice period for the task you are reporting on. This needs to Plan. Enter the total on the TASK BUDGET AMOUNT" claimed on the "LESS TO. be shown under specific budget categories according to the currently approved Grant Work "TOTAL AMOUNT" line for this column. Enter the match budget amount on the "TOTAL line for this column. Enter the total cumulative amount of this and any previous match AL CUMULI[ TI YE PAYMENTS OF"' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REINING IN TASI�" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should shove the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. DEP 55-223 (07/10) DEP Agreement No. S0607, Attachment B, Page 2 of 2 ATTACHMENT PROGRESS REPORT FORM DEP Agreement No.: S0607 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Quarterly Re ortin Period: Project Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. S0507, Attachment C, Page 1 of 2 (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g.,, report data sets, links to on-line photographs, etc.) Provide a project budget update, comparing the project budget to actual costs to date. Expenditures Prior to this Expenditures Budget Total Project Reporting this Reporting Project Funding -Category Budget Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0607 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager DEP Agreement No. S0607, Attachment C, Page 2 of 2 Date ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FD.EP" or "Grantor'; or other name in the contractlagreement) to the recipient (which may be referred to as the "Contractor', Grantee" or other name in the contractlagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a nonprofit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/efda/efda.htm]. DEP 55-215 (03/09) DEP Agreement No. S0607, Attachment D, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:llAps.fldfs.comlfsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http:llwww.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http:llwww.fldfs.coin1 and the Auditor General's Website at htt :Hwww. state.fl.uslaud en. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), .Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (03/09) DEP Agreement No. S0607, Attachment D, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-1331, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient dir� ecily to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I west Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09) DEP Agreement No. S0607, Attachment D, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for --profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART v: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09) DEP Agreement No. S0607, Attachment D, Page 4 of 5 EXHIBIT --1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following-. Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Fundinor Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding_Source Fiscal Year Number Funding Source Description Fundin Amount Category Original Ecosystem Management 2011-2012 37.039 Statewide Surface Water Restoration $10000.00 030000 Agreement Trust Fund, Line Item and Wastewater Projects #1596 A. - Total Award $100,0oo.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https:Happs.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP 55-215 (03/09) DEP Agreement No. S0607, Attachment D, Page 5 of 5 ATTACHMENT E CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Grantee's Name: Grantee Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: CERTIFICATION STATEMENT: I hereby certify that the above information is correct. Signature Print Name and Position Title DEP Agreement No. S0607, Attachment E, Page 1 of 3 Date INSTRUCTIONS FOR COMPLETING THE ATTACHMENT Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO (MONTH/YEAR). Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP. Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP. 69 The Certification should be signed by your Chief Financial officer. Please print the name and include the title and date of the signature. DEP Agreement No. S0607, Attachment E, Page 2 of 3 CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING FREQUENTLY ASKED QUESTIONS 1. Question: Do I complete and return this form when I return my signed Agreement/Amendment? Answer: No, this form is to be completed and signed by your Chief Financial Officer and returned 4 months after the end of your fiscal year. 2. Question: Can I fax the form to you? Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411. 3. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: You should be able to complete the form from the information in your accounting system. This is just to let our office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a copy of your audit, only the Certification form. 4. Question: Do you only want what we received from DEP? Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended towards all state or federal grants that you receive. You should list those that are specific to DEP on the form. 5. Question: Do I have to submit the completed form and a copy of my audit? Answer: No, you do not have to submit your audit unless you are over the threshold of $50000. If you would prefer to submit your audit (CAFR) instead of the form, that is fine. 6. Question: our CAFR will not be ready before your due date and we don't have the information necessary to complete the certification. Can we get an extension? Answer: Yes, just send us an Email letting us know when you will have your CAFR completed and we will place the Email with your letter in our file so that you don't get a 2nd notice. 7. Question: Can I submit my Certification Form or CAFR electronically? Answer: Yes, you can submit them by Email to Debb le. skelton@dep. state. fl.us DEP Agreement No. S0607, Attachment E, Page 3 of.3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 20., 20.1II Division-. County Administrator Bulk Item-. Yes No Department*. Count y -Administrator Staff Contact /Phone #: Rhonda Haag, 292-4482 ........................ AGENDA ITEM WORDING: Approval of a Task Order with AMEC Environmental & Infrastructure, Inc. under the On Call Professional Engineering Services contract to perform bathymetric surveys and collect and analyze soil samples to help determine the costs of implementing the canal restoration strategies developed under the county -wide Canal Improvements Management Master Plan.. The project will be funded by funds provided by the Florida Department of Environmental Protection. ITEM BACKGROUND: DEP has grant funds available to improve water quality. The Florida Keys Water Quality Protection Program Canal Subcommittee selected this bathymetric survey project for funding. The final Master Plan currently under development will develop a comprehensive Keys -wide priority list of canal restoration projects. This $100,000 of EDEP funds are to perform bathymetric surveys on 502 Keys Canals and sediment collections on 10 canals. The it fonnation gathered will help to determine the costs of implementing the canal restoration strategies developed under the Canal Manaement Master Plan, and will aid in obtaining grants from various state and federal sources. vl� PREVIOUS RELEVANT BOCC ACTION: On March 21, 2012 the BOCC granted approval and authorized execution of Item 6 Grant Agreement from FDEP for a Grant to fund Phase 1. On June 20, 2012, the BOCC approved the grant application submitted to EPA, which requested $100,000 in grant funds and specified a $10,000 match of in -kind services. On September 1.9, 2012, the BOCC approved the revenue -producing grant agreement from EPA that funded Task Order #2 with AMEC. The DEP revenue -producing grant agreement for these bathymetric surveys is also presented for approval today. ............ CONTRACT/AGREEMENT CHANGES: None . .. ... STAFF RECOMMENDATIONS: Approval TOTAL COST: $100,000 INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: N/A BUDGETED: Yes No COST TO COUNTY: $100,000 SOURCE OF FUNDS; DEP Grant -A.,greement 50640 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty %!B/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION',10 .................. .. ........ .. . . . . . AGENDA ITEM# CAD# MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: AMEC (Task Order) Contract #SO640 Effective Date: Task Order S0640-1 February 20,, 2013 .......................... - Contract PurPose/Description: Expiration Date: June 30, 2013 This Task Order No. 1 authorized under DEP Grant S0640, shall authon*ze AMC to verform. bath ethic survSysin all residential canals (502) and analyze collect and 10 sediment samples from 10 different canals. 'his is beMg funded by a $100,000 1 . ...... Eant from FDEP. The purpose is to determine the canal depths and thickness of the sedn'nents on the bottoms, to help determine the costs of implementing the canal restoration strategies developed during Phase 2 of the Canal Management Master -plan . Contract Manager: Rhonda Haag (Name) for BOCC meeting on 02/20/13 4482 CAD M.S. #1 (Ext.) (Department/Stop #) Agenda Deadline.- 02/05/13 CONTRACT COSTS Total Dollar Value of Contract: $ 1009000 Current Year Portion: $ 100,000 Budgeted? Yes[] No Z Account Codes: Grant: $ $100,000 County Match:$ 0 . ............... .. . . . . ADDITIONAL COSTS Estimated Ongoing Costs: $__/yr For: Not included in dollar value above) ... .......... (ea. maintenance,, utilities, janitorial, salaries, etc.) mm"M CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[] No[:] Risk Management Yes� ' �yy �[:] NoE] O.M.B./Purchasmg Yes[:] NoEj — --------- Le I pP County Attorney Yesn NO Comments: TASK ORDER S0640-1 FOR ON CALL PROFESSIONAL ENGINEERING SERVICES BETWEEN MONROE COUNTY AND AMEC ENVIRONMENT & INFRASTRUCTURE, INC. FOR BATHYMETRIC SURVEYS AND ORGANICS CHARACTERIZATION IN THE MONROE COUNTY CANALS In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 17th day February 2010, as amended January 19, 2012, between Monroe County hereinafter referred to as the `County" and AMEC Environment & Infrastructure, Inc., hereinafter referred to as "Consultant' where design services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services, as amended, apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described, This Task Order is effective on the 20th Day of February 2013 and shall extend through June 30, 2013. Funds for this Task Order are being provided under Florida Department of Environmental Protection Grant Agreement S0640., Scope of Basic Services is as follows: The scope of work is for performing bathymetric surveys to determine the average depths of all of the residential canals (total of 502 canals) identified in the 2003 and updated in 2012 Monroe County Residential esi Canal Inventory & Assessment. The surveys will be performed using automated hydrographic survey equipment consisting of a dual frequency echo sounder used in conjunction with a GPS positioning system to survey a profile of each canal centerline with bottom surface elevations of the canal, relative to the North American Vertical Datum of 1988 (NAVD88), determined at approximate 50' intervals and at the end and mouths of the canals. As part of this effort AMEC will obtain, through the use of the automated hydrographic survey equipment and traditional probing methodologies, sufficient data to provide approximate information regarding unconsolidated material thickness within the canals. Ten (10) sediment samples will be collected and will be submitted for physical and chemical characterization to assist in refining the design for removal and disposal of the material from the canal bottoms. The samples will be collected from 10 different canals based upon a preliminary evaluation from the GIS database, aerial photo review and public communications of the canals where seaweed loading is a serious problem. The sample locations will be based upon confirmed presence of a significant organic layer in that portion of the canal. Details of the scope of services are included in Attachment A. The Consultant shall be paid monthly with the not to exceed fees shown in Attachment A, which shall not exceed $100,000, and as follows-. Task 1.1 4. Completion of Bathymetric Survey of 30% of the Canals $25,1324.62 Task 12, Completion of Bathyrnetric Survey of An Additional 30% of the Canals $25,324.62 Task 1.3: Completion of Bathymetric Survey for Remaining 40% of Canals and Final Reporting $33,766.16 Task 2.0: Sediment Characterization and Reporting -$151584-60 Total NTE Fee $100,000.00 Page 1 Article IX miscellaneous, Paragraph 9.29 Federal Highway Administration Requirements do not apply to this project. AMEC Environment & Infrastructure, Inc. 1� 11111111IN'' By: Date Title: mvk- C"�eA 0 (SEAL) Attest: Clerk of the Court By. Deputy Clerk Date: Witness: 0 By. L 'IS \\1-J Date iA BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Date: Page 2 kTTAC H M E NT Work Flan Bathyrr etric Surveys and Organics Characterization in the Monroe County Canals Page 3 ATTACHMENT A GRANT WORK PLAN ....................... PrMct Title: Bathymetric Survels and Organics Characterization in the Monroe Count X Canals ... ..... .. . . ... . . .... ... .. . . . .... ... .......... .................... Project Location: Monroe County Florida Kevs Watershed /HUC— 03090203. Project Background: The work to be accomplished tinder this Agreement is one of the high priority projects identified during the development of the Phase I of the Canal Management Master Plan (CMMP). Bathymetric surveys will be performed to determine the depths of all of the canals identified in the Geographic Information System (GIS) database developed by AMEC (formerly MACTEC Engineering and Consulting, Inc.) in 2001-2003 as part of the Monroe County Residential Canal Inventory and Assessment, to determine the approximate thickness of unconsolidated material lying in the bottom of the canals and to collect samples of the unconsolidated materials. The length of the canals identified in the GIS was initially 111 miles with an additional. six (6) miles delineated during the recent aerial photo update performed in 201.2 (total of 117 miles of canals). 'rhe survey will not include marinas or turning basins. The canal depth. data in the existing GIS database is based upon limited permit information and not actual depth measurements. The depth of the canals and the approximate thickness of unconsolidated inaterials in the canals are critical factors in evaluating potential restoration needs and in quantifying restoration costs. The purpose of this project is to determine the depth of the canals identified in the GIS database developed by AMEC (formerly MACTEC Engineering and Consulting, Inc.) in 2001-2003, as well as the approximate thickness and physiochemical composition of the unconsolidated sediments found in the bottom of these canals. This information is required in order to accurately determine the costs of implernenting the canal restoration strategies developed during Phase I of the CMMP in DEP Agreement No. 50607. Many of the canals in. the Florida Keys National Marine Sanctuary (FKNMS) do not meet the State s minimum water quality criteria and are a potential source of nutrients and other contaminants to near shore waters designated as Outstanding Florida Waters and subject to special protection. under the Florida Statutes. This project a priority of the FKNMS Water Quality Protection Program (WQPP) Steering Committee which recently passed a motion. to develop a plan to prioritize canal restoration projects and to identify funding sources for these projects. The tourism economy of the Keys depends largely on clean water and a healthy environment and this project is fully supported by the WQPP Steering Committee and local governments in Monroe County. The successful implementation of this project is also consistent with the goals of the Florida Keys Reasonable Assurance Document that was recently adopted by the Department in order to satisfy the requirements of the Impaired Waters Rule, Chapter 62-303 of the Florida Adi ninistrative Code. I Project Description: I 'Task 1: BATHYMETRIC SURVEYS OF RESIDENTIAL CANALS I 'rhe Grantee will perform bathymetric surveys to determine the average depths of all of the residential canals (total of 502 canals) identified in the 2003 and updated in 2012 Monroe County Residential. Canal Inventory & Assessment (refer to Table I for a list of the canals). The surveys will be performed using automated hydrographic I survey equipment consisting of a dual frequency echo sounder used in conjunction with a GPS positioning system to I survey a profile of each canal centerline with bottom surface elevations of the canal, relative to the North American Vertical Datum of 1988 (NA.VD88), determined at approximate 50' intervals and at the end and mouths of the canals. An elevation will be collected of the natural sea bottom at the canal mouth. The collected survey data will be referenced to the North American Datum of 1983 (NAD83) to allow for inclusion into the existing GIS. As part of this effort the Grantee will. obtain'. through the use of the automated hydrographic survey equipment and traditional robing methodologies, sufficient data to provide approximate information re�ardinay unconsolidated ............ DEP Agreement S0640, Attachment A, Page I of 12 . . . .... ........ ............................. . .. ­_ material. thickness within the canals. The bathymetric data collection will be divided into 3 tasks as follows: Task 1. 1: Completion of Bathymetric Survey for 151 of the Canals Bathymetric surveys as detailed above will completed for 151 of the 502 canals in the Monroe County Residential Canal. Inventory and Assessment GIS data base (refer to Table 1). Deliverables: A CD with a subset of the GIS canal layer and a Google Earth Pro layer for the 151 canals which were surveyed with updated attributes of depth and organic thickness, and an excel file of the updated attributes of depth and organic thickness. All surveying and mapping services associated with this assignment will conform with the requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J-17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes. Budget: $25,324.62 for subcontractor Performance Measure: The Department's Grant Manager will review the deliverables and will consult with the appropriate staff of the Department's Bureau of Survey and Mapping to verify the deliverables conform with the criteria found in 5J- 17, F.A.C., pursuant to Chapter 472, F.S. Financial Consequences: Failure to meet the above performance measure will result in denial of the request for reimbursement, Completion Date: April 30,2013 NOTE-: Payment will be upon completion of the task and review and approval of the deliverables Task 1.2: Completion of Bathymetric Survey for An Additional 30% of the Canals Bathymetric surveys as detailed above will completed for an additional 150 canals of the total of 502 canals in the Monroe County Residential Canal Inventory and Assessment GIS data base (refer to Table 1). Deliverables: A CD with a subset of the GIS canal layer and a Google Earth Pro layer for the additional 30% of canals which were surveyed with updated attributes of depth and organic thickness, and an excel file of the updated attributes of depth and organic thickness. All surveying and mapping services associated with this assignment will conform with the requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J- 17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes. Budget: $25,324.62 for subcontractor Performance Measure: The Department's Grant Manager will review the deliverables and will consult with the appropriate staff of the Department's Bureau of Survey and Mapping to verify the deliverables conform with the criteria found in 5J-17, F.A.C., pursuant to Chapter 472, F.S. . Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: May 31, 2013 NOTE - Payment will be upon completion of the task and review and approval of the deliverables, $I Task 1.3-, Completion of Bathymetric Survey for Remaining 201 of the Canals and Final Report Bathy-metric surveys as detailed above will completed for the remaining 201 canals of the total of 502 canals in the Monroe County Residential Canal Inventory and Assessment GIS data base (refer to Table 1). DEP Agreement S0640, Attachment A, Page 2 of 12 . ..... ... ....... ......................................... Deliverables: The final deliverable products will include a technical memorandum which summarizes the work completed under Task 1. The technical memorandum will include the following attachments: a certified Surveyor's Report of the survey operation and results, a CD with a complete GIS canal layer and a Google Earth Pro layer for all the 502 surveyed canals with updated attributes of depth and organic thickness, an excel file of the updated attributes of depth and organic thickness, and canal profiles in digital format. All surveying and mapping services associated with this assignment will conform with the requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J-17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes. Budget,-- $33,766.16 for subcontractor Performance Measure: The Department's Grant Manager will review the deliverables and will consult with the appropriate staff of the Department's Bureau of Survey and Mapping to verify the deliverables conform with the criteria found in 5J-17, F.A.C., pursuant to Chapter 472, F.S. "nancial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement. Completion Date: June 7, 2013 NOTE: Payment will be upon completion of the task and review and approval of the deliverables. Task 2: SEDIMENT CHARACTERIZATION AND REPORTING Ten (1-0) sediment samples will be collected and will be submitted for physical and chemical characterization to assist in refining the design for removal and disposal of the material from the canal bottoms. The samples will be collected. from. 10 different canals based upon a preliminary evaluation from the GIS database, aerial photo review and public communications of the canals where seaweed loading is a serious problem. The sample locations will be based upon confirmed presence of a significant organic layer in that portion of the canal. 'rhe Physical testing will be performed by an AMEC Geotechnical Lab and will consist of the following: -Moisture/Solids Content by ASTM D-2216 - 200 Mesh Sieve Distribution by ASTM D- 1140 - Organic Content by ASTM D-2974 Specific Gravity by ASTM D-2974 Grain size distribution by ASTM D-422 (4 samples only) Settling rate (2 samples only) The chemical characterization to determine disposal options will be performed by Test America Analytical Laboratories, a State National Environmental Laboratory Accreditation Conference (NELAC) certified laboratory. The proposed test methods include: Organochlorine Pesticides and PCBs by 8081/8082 Chlorinated Herbicides by 81.51 8 RCRA Metals by 6010/7471 - Copper by 60 10 - Polynticlear Aromatic Hydrocarbons (PAHs) by 8270 low level - Total Recoverable Petroleum Hydrocarbons (TRPH) by FL -PRO - TCLP metals (2 tests only based upon total metal's concentrations) Deliverable: A technical memorandum containing the above referenced test results and summary of sediment disposal options that will meet all applicable Department regulations, including the requirements of Chapter 62-160 of the Florida Administrative Code. Budget.: $15,584.60 for subcontractor DE Agreement S0640, Attachment -A, Page 3 of 12 Performance Measure: The Department's Grant Manager will review the deliverables and will consult with the Department's Standards and Assessment Section and the Division of Waste Management staff to determine if they are acceptable using the following criteria: 1, The sampling and test procedures must be conducted in accordance with the requirements of Chapter 62- 160 of the Florida Administrative Code. 2. The sediment disposal options provided in the technical memorandum must be consistent with all applicable Departments' regulations. Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for reimbursement, NOTE: Payment will be upon completion of the task and review and approval of the deliverables. Completion Date: May 31,2013 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement S0640, Attachment A, Page 4 of 12 TABLE 1: RESIDENTIAL CANAL INVENTORY r � t wMF i r F , i F WN II:.iJ 4 8 i MM 1 i REFERENCE: The Invenk y 1s a Ming of the nWdenft canal$ Indenffled in the 2003 {CIS Datnbwe PnNxwed by AMEC Envkonment IntmaWxture, Inc., ae amnwded in 2012. DEP Agreement No. S0640, Attachment A, Page 5 of 12 TABLE 1; RESIUENTLAL CANAL INVENTORY REFERENCE: The Inventory Is a Who of the residential cwWS indentifled In the 2003 GIB WW:a M PrePered by AMEC E wk0nment InkaWWure, lnr.,, as amrnended In 2012. DEP Agreement No. S0640, Attachment A, Page 6 of 12 TABLE 1: RESIDENTIAL CANAL INVENTORY REFERENC&: rw Inventory is a 11aft of the reaidential caroms indentfied in the 2a43 M Datat w Prepared by AMEC E.nvlranffmmt Infrastructure, Inc, as amna ded In 2M2. C EP agreement No. S0640, Attachment A, Page 7 of 12 TABLE 1: RESIDENTIAL CANAL INVENTORY REFERENCE: The inventory Is a listIng Of the resldentW canals Indenfified in the M03 Gis Database prepared by AMEC Envlmnmwt Infroatructure, ice,, as arnmanded in 2012. DES' Agreement No. S06401 Attachment A, Page 8 of 12 TABLE i: RESIDENTIAL CANAL INVENTORY REFERENCE: The inventory is a listing of the residendal canals Indenthled In the 2003 GIB Datah" prepared by AMEC Envimnment Inftstructure, Inc., as ammended In 2012. DEP Agreement No. S0640, Attachment A, Page 9 of 12 TABLE I** RESIDENTIAL CANAL INVENTORY REFERENCE; The iwwtory Is,a 00ing•of-the residenWI canak IndeWed to the 2DO3 GIS Datahpse. prepared by AMEC Environment Infirastructure, inc., a$ ammwded in 2012. _ 0EP Agreement No. S0 4o, Attachment Ar Page 10 of 12 TABLE 1: RESIDENTIAL CANAL INVENTORY EFEAENVE�--T-he Wsntary-f hequildentia�eemL%-IFlden#ftd4n-1ho-2GA 18-oattbw Prepared•by-AMEC-ErMronn*nt.lntm#rt DEP Agreement No. S0 4g, Attachment A, Page I I of 12 TABLE 1: RESIDENTIAL CARNAL INVENTORY i 110, ii a ► ■ i * , r MENE.m I I M onow MOMI zi r A MOON INEZZE MOOL " mmew is '•' ;] Rated-bye°�I��i�t.�taf�aa#r�r,�e�-lr�,.•a�rrirnmrFd�d.#��0.1 DEP Agreement No, S4640, Attachment A, Page 12 of 12 INCLUDING ORIGINAL CONTINUING SERVICES AGREEMENT ALN ,7J f NV 1 0 ON C,A A.., 'ROVV.aSS ) AU1 CON'T Ra` -C"I A ND CONSENTTO is tmtt `,Ivd into this � �� --okaycif` J.armary .2101 , b � it-,f 1)em�� en 'vf.�:�r�.�oe �::°�?��.�� �� , a p� b� f'ca i . , IV {�� ct l'ed mto sa. cout.rut. for ('41 ."all PI-ofes'siomd F"t;irl;ke'MICT Sery�c e,�; <iiid 41 t . i i : i�� , '11 -.I�, din 1�S� (-'r:� :)R will ���txbille trrto one �ry NJI �' �°��:t`�����r��h �.������ �� ��� �'����.:F� ���:� t�r�c� '> 0,1f (A� ASS1�(,`N(:)R rio-hts, :h iz z c f i ti :)�� wider the c..c:anlnad wi h. the ("(' � "Fyr �v� therefore, its �:.c, m,,,ic���ration c; 1he ��ut�zal ��r€����i.4 ��S (.-IF the c��� �ri��".11 t�:�v,��e������t as������F��c �i�� .Afective y ou July 6, 01 f thh� On Csfl I �'��:�.��3��i��r�z�� � Y� ;i�.�� ���r�� S�T�� t Kkr tc t'c°$: t'o rt.t ` fret -.i :'' . °` t . - 6 f: "R . ' € X St f..' `IC :. I..'pol7 �°{�wpleti-o €.�f�t�le � f�«:� its f.� ��l �ar;�it�r �k�f�'�'.€iv�� ��:�tlu�� � .:�'�:�f �, the the As"s f tmor's titfe 'and €,fiterest in 0,10 original l Its (br sick �:u. .tves to bo bol-i.nd b-V CaU the timm"', ;.uld of the orlgyill,�Fll 4.I� rt'El2LIif?'.' t 4;'t'1E,'t: a.�sh.2�t7` ms M 1� fi• f.T?.1t:'�� 1I€. w• u r (SEAL) Ara,s'r: DANNY'L., KOLHA("TE, CLERK -t LIN) Dl-'Uty Clerk W i t tie's s By Cc W i t n cs' s c 8: Ll Witnesses: f taL44: tlju &tv c Itt- lk44 BOARD OF COUNTY COMMISSIONER O'tNS OF M'ROE CO U-'-,NT- Y-,,FL,OR,IDA By, M 'It"Iyo Irman ayo ,VIACI'EC ENGINNEERINO and C()NSULJINGx, hic. By, Signa=c Printc-.,-d Nla Ille Mite: AMEC E&J, Inc. (ASSIGNOR) By: z Signature Printed Name AMEV Environrmcnt & Infrastnicture, tic. (ASSIGNET) signature Printed Name Date: Z4 641 NIA(' i EC A Contract for On Call Professional Engineering Services THIS Contract The AGREEMENT) made and entered into this 17 day of February 201 Oi by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West Florida, 33040, its successors and assigns hereinafter referred to as the "COUNTY,," through the Monroe County Board of County Commissioners (BOCC), the Owner And MACTEC Engineering Consulting, Inc., a Corporation of the State of Florida, whose address is 3 100 Overseas Highway Marathon, Florida 33050, its successors and assigns, herein -after referred to as ""CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSUUrANT for various County Projects located in Monroe County, Florida and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew on an annual basis two consecutive times. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the service's described in, the Task Order. I'lie terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration Of Mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE I 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, the CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been satisfied; 1.1,2 The CONSULTANT has become familiar with the Protect site and the local conditions under which the Project is to be designed, constructed, and operated'; 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement 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 CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents,* 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT 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 CONSULTANT. 1-.1.6 -At all times and for purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any other of his/tier employees, contractors,, servants, or agents to be employees of the Board of County Commissioners for Monroe County. The CONSULTANT shall not discriminate against any person based on race, creed, color, national origin, sex, age or any other characteristic or aspect which is not related, in its recruiting, hiring, promoting, terminating, or other area affecting employment under this agreement or with the provision of services or goods tinder this agreement. ARTICLE 11 SCOPE OF BASIC SERVICES 2.1.1 The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. These services will include, but not be limited to: A. Provide comprehensive transportation engineering design services for road and bridge construction and rehabilitation projects, including design, surveying, drafting, preparing specifications and contract documents, traffic studies, lighting and signalization, geotechnical investigations, permitting, assisting with review of contractor bids, comprehensive project management services, and construction engineering and inspection services. B. Provide comprehensive stormwater and drainage engineering services including design, surveying, feasibility studies, geotechnical investigations, permit preparation, preparing construction plans, specifications and contract documents, assisting with review of contractor bids, comprehensive project management services and construction engineering and inspection services. C. Provide comprehensive environmental engineering services including design, surveying, geotechnical investigations, environmental assessments, water quality studies, sampling analysis and monitoring, permit preparation, preparing construction plans, specifications and contract documents, assisting with review of contractor bids, comprehensive project management services and constniction engineering and inspection services. D. Provide comprehensive structural engineering services including design, surveying, facility inspections and assessments, preparing construction plans, specifications and contract documents, permitting, construction administration related to new construction, construction improvements, rehabilitation and/or retrofit of County facilities and buildings, E. Provide general engineering services including but not limited to surveying, drafting, studies and assessments, engineering design, preparation of bid and proposal documents, permitting, assistance with technical review of contractor documents, construction engineering and inspection services for miscellaneous County projects. 2.1,2 The CONSULTANT shall be responsible for performing in accordance with all applicable Florida Department of Transportation (FDOT) manuals, procedures, specifications and guidance for all Local Agency Program (LAP) projects, When a Project is funded through the America Recovery and Reinvestment Act of 2009 (ARRA) and will be administered under the Florida Department of Transportations" Local Agency Program (LAP), the CONSULTANT must be familiar with and must comply with all applicable federal, state and local requirements of these programs. The CONSULTANT shall exercise their independent professional judgment in performing their obligations and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Florida Department of Transportation's, Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the Department's Resident Engineer and Project Administrator respectively and shall be interpreted as such. 2.2 CORRECTIONS OF ERRORS, OMMISSIONS, DEFICIENCIES 2.2.1 The CONSULTANT shall, without additional compensation, promptly correct errors, omissions, deficiencies, or conflicts in the work product of the CONSULT -ANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENTS 2.3.1 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Monroe County Engineering Services 1100 Simonton St. Rm 2-216 Key West, FL 33040 And -Mr. Roman Gastesi, Jr. County Administrator 1100 Simonton Street Key West, FL 33040 4 For the Consultant: Dana Pollitt MACTEC Engineering Consulting, Inc. 3 100 Overseas Highway Marathon, Florida 33050 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and as follows-. A. Providing services of CONSULTANT 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 Project, upon approval by the COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT, The CONSULTANT shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4A The COUNTY shall provide full information regarding requirements for the project including physical location of work, county maintained roads and maps. 4.2 The COUNTY shall designate Monroe County Engineering Services Department to act on the COUNTY'S behalf with respects to the Project. The COUNTY or Monroe County Engineering Services Department shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANTS services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or nonconformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultants services and work of the contractors. 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY"S criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1A The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/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, darnages, and expenses, including attorneys fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONSULTANT or Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT in any tier, their employees, or agents. 5.1.2 The first ten dollars ($ 10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT 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. 5.1.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from rom 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 CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT 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. 5J.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.1.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the tirne of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: FUNCTION So long as the individuals named above remain actively employed or retained by the CONSULTANT,, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change im-t-nediately. ARTICLE VII PAYMENTS 7A. PAYMIENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Exhibit B. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward, (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, an invoice to the COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought that the COUNTY may require. (C) For the performance of the optional additional services and contingent additional services described in Article III of this contract, provided same are first authorized in writing by the COUNTY, the CONSULTANT shall be paid hourly at the rates identified in Exhibit B, or as negotiated. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the Project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section .12.061, Florida Statutes. b. Cost of reproducn'ig maps or drawings or other materials used in performing the scope of services, c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULANT 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 I - September 30) by COUNTY" S Board of County Commissioners. The budgeted arnount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. 7.4.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cai-tnot be continued at a level sufficient to allow for continued reimbursement, of expenditures for services specified in the Task Order, the agreement may be terminated immediately at the option of the COUNTY by written notice of termination delivered to the CONSULTANT. The COUNTY shall not be obligated to pay for any services provided by the CONSULTANT after the CONSULTANT has received written notice of termination, unless otherwise required by law. 7.4.3 The COUNTY does not guarantee CONSULTANT any specific amount of work or task orders under this agreement. ARTICLE VIII 8A INSURANCE 8.1.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all. times that this Agreement is in effect. In the event the completion of the project to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. %-W 8.1,2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of V1 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 sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.1.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440, Florida Statutes. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 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 Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. 9 D. Commercial general liability, including Personal Injury Liability insurance 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 CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and amival aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which they may be reported must extend for a minimum of 48 months following the termination or expiration of this Agreement. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per claim and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT 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 CONSULTANTS liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for s ubcons u I tant s. H. CONSULTANT 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 hereunder. The COUNTY reserves the right to require a certified copy of such policies upon request. 1. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 8,2 XPPLICABLE LAW This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. 10 ARTICLE IX MISCELLANEOUS 911 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and that it is agreed that such section headings are not a part of this Agreement and will not be use in the interpretation of any provisions of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this Agreement except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT,, which approval shall be Subject to Such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately proceeding sentence, each party hereto binds itself, its successors, assignees and legal representatives to the other and to the successors, assigns and legal representatives of such other party. The CONSULTANT 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 COUNTY. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9,5 ,rERMINATION A. In the event the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five days written notification to the CONSULTANT. B. The County may terminate this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS The contract documents consist of the Request for Qualifications (RFQ), any addenda,, the Form of Agreement (Articles I-XV), the CONSULTANTS response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and the attachments A and Exhibit B and modifications made after execution by written amendment. In the event any conflict between any of those Agreement documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMEES A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts 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 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. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), Violation of this section shall result in termination of this Agreement and recovery of all moneys paid hereto, and may reSLIlt in debar-nent from COUNTY'S competitive procurement activities. 'In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit that it or any subconsultant has committed an act 2b defined by Section 287.133, as "public entity crime", and that it has not been formally charged with committing an act defined as a `public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance Linder this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this Agreement. 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 fOLir years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the 12 CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55D3, FS, running from the date the monies were paid to County. 9.9 GOVERNING LAW, VENUE� INTERPERTATION, COST 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, COUNTY and CONSULTANT agree that venue will lie in the 16"" Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. The County and CONSULTANT 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. 9.10 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 CONSULTANT 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. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT 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, as an award against the non -prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 13 9,13 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. 9J4 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT 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. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMIENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall 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 discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 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 CONSULTANT 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 CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NON DISCRIMINATION CONSULTANT 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. CONSULTANT and 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. 1.681-1683, and 1685-1-686),, 14 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. 6101-61-07) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of .1972 (PL 9.).-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 91-61.6), 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 confidential. ity of alcohol and dnig 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. 9.18 COVENANT OF NO INTEREST CONSULTANT 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. 9.19 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 112.313, 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. 9.20 NO SOLICITATION/PAYMIENT The CONSULTANT 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 CONSULTANT agrees that the COUNTY shall have 15 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. 9.21 PUBLIC ACCESS The CONSULTANT 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 CONSULTANT and COUNTY in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local govemment 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. 9.23 PRIVILEGES AND IMMUNITY 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 lit -nits 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. 9.24 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, 9.25 NON -RELIANCE BY NON-PARTIES 16 ,No person or entity shall be entitled to rely upon the terns, 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 CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or 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. 9.26 ATTESTATIONS AND TRUTH IN NEGOTATION CONSULTANT 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. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate,, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9,27 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. 9.28 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 counter -part, 9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS Following forins and provisions are incorporated in and made part of this Agreement. 9.29.1 Davis -Bacon Act — In accordance with the Davis -Bacon Act the Consultant or their subcontractors shall pay workers employed directly upon the site of the work - no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current wage rates can be found at: W'vVW. access, opo.,uov/dav isbacon/11fitnil under Monroe County. 17 9.29.2 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9,29.3 DISADVANTAGED BUSINESS ENTERPRISE (DBE)POLICY AND OBLIGATION It is the policy of the COUNTY that DBEs, 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 CONSULTANT 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 CONSULTANT 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, 9.29.4 CONVICT LABOR, The convict labor prohibition in 23 U.S.C. 114 applies to Federal Aid construction projects. Convict labor cannot be used for Federal Aid construction projects. 9.29.5 FHWA Form 1273 is attached hereto as Attachment A and made a part of this Agreement. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly auth6ri'zed �rcsentative on the day and year first above written. ,tt .- BOARD OF COUNTY COMMISSIONERS KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA w By: µ By.Z�4- - Deputy Clerk Mayo Chai an Mace: FEB 17. 201Q •f . �.< �' J �y,r� fir+: •, �- `�� -�. i ., � 18 1 � (Seal)CONSULTANT ,fittest: � �---- 4 By: Ricardo Fraxedas PE Title: Chief Engineer � -, By: G' ITNESS WITNESS END OF AGREEMENT U ATTACHMENT A REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Page 1, General ............ I IL Nondiscrimination ........... ...... 1 Ill.. Nonsegregated Facilities .... ....... ....... 3 1V. Payment of Predetermined Minimum Wage ......... 3 V, Statements and Payrolls . * ' ' ' ' ' * ................ 5 V1. Record of Materials, Supplies, and Labor ...... 5 VIL Subletting or Assigning the Contract 5 VIII. Safety., Accident Prevention , . ......... ....... 6 X False Statements Concerning Highway Projects ...... 6 K Implementation of Clean Air Act and Federal Water Pollution Control Act ........ 6 X1. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion . . ..... ...... 6 XII, Certification Regarding Use of Contract Funds for Lobbying ...... 8 ATTACHMENTS A, Employment Preference for Appalachian Contracts (included in Appalachian contracts only) 1. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superinten- dence and to all work performed on the contract by piecework, station work, or by subcontract. 2, Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12, Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g, 5, Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b, employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation, 11. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more,) 1. Equal Employment Opportunity: Equal employment opportu- nity (EEO) requirements not to discriminate and to take affirmative act -ion to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract, The Equal Opportu- nity Construction Contract Specifications set forth under 41 CFR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C, 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporate? Ey—r6ference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, rellgion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, prea pprent ices hip, and/or on-the-job training," 2. EEO Officer*. The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibili- ties to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer, b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c, All personnel who are engaged in direct recruitment for the Project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minority group employees, d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees., applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to imple- ment such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed Form FHWA-1273 (Rev. 3-94) Page 1 in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a, The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public a n d private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be re fe rred to the contractor for employment consider- ation. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed, a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discrimi- natory wage practices. c. The contractor will periodically review selected personnel actions in de pth to determine whether there is evidence of discrimina- tion. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal, 6. Training and Promotlon: a, The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and. applicants for employment. b. Consistent with the contractor's workforce requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision, c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each, d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promo- tion, 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below, a. The contractor will use best efforts to develop, in coopera- tion with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b, The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that Such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability, c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipmont: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procure- ment of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontrac- tor compliance with their EEO obligations. 9. Records and Reportsm. The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA Rage 2 Form FHWA-1273 (Rev. 3-94) each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work, This information is to be reported on Form FHWA-1 391 . If on -the job training is being required by special provision, the contractor will be required to collect and report training data, Ill. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a, By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construc- tion contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability, b, As used in this certification, the term "segregated facilities means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, fimeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception wilt be for the disabled when the demands for accessibility override (e.g. disabled parking). c, 'The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV, PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are lk exempt. 1. General: a, All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcon- tractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH- 132 1 ) or Form FHWA-149,5) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis -Bacon Act (40 U.S.C. 276a)on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill., except as pmvided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed, c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classifica- tion, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifica- tion requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contract- ing officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropri- ate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination, Said Administrator, or an authorized representative, will issue a determina- tion within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification, 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof, b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan of, program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program, Form FHWA- 1273 (Rev. 3-94) Pago 3 4, Apprentices and Trainees (Programs of the U.S. DOL) and Helpers-, a. Apprentices, (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employ- ment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employ- ment as an apprentice, (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee I isted on a payroll at an apprentice wage rate, who is not registered or otherwise empic, Tas stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall he observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level houdy rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program, If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination, (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, with- draws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b, Trainees: (1) Except as provided in 29 CFR 5,16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which h a s received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration, Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program, If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associ- ated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the sarne fringe benefits as apprentices. (4) In the event the Employment and Training Administra- tion withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determina- tion for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT)-. Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV_ The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6, Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontrac- tor the full amount of wages required by the contract, In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements-, No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek, 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard emplo Iri violation of the clause set forth in paragraph 7, in the sum of MO for each calendar day on which such employee was required or permit- ted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: Page 4 Form FHWA-1273 (Rev. 3-94) The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt,) 1. Compliance with Copeland Regulatlons (29 CFR 3)** The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records-, a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work. and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The Payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set Out accurately and completely all of the information required to be maintained tinder paragraph 2b of this Section V. This information n-iay be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superin- tendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 1 Each payroll submitted shall be accompanied by a "State- rnent of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: ( 1 ) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Sect -ton V and that such information is correct and complete: (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satis the requirement for submission of the 'Statement of Compliance required by paragraph 2d of this Section V. f . The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U3,C- 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit it the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. V1. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1, On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construcfion cost for roadwa and bridge is less than $1,000,000 (23 CFR 635) the contractor shah a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract, b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA47, c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned, 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. 1t11. SUBLETTING OR ASSIGNING THE CONTRACT 1, The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635) a. Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of Form FHWA-1273 (Rev, 3-94) Page 5 a subcontractor., assignee, or agent of the prime contractor, b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, orequipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor tinder the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract, 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 11111. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surround- ings or under conditions which are unsanitary, hazardous or danger- ous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U,S-C, 333). IX, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confor- mity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project. NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U&C, 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false state- ment, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the w" performed or to be perforated, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representa- tion, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representa- tion as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. ro X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1 - That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal daterPollution Control Act, as amended (33 U, S - C - 12 51 et seq , as amended by Pu b. L . 92-50 0), Executive Order 11738, and re_g_Wations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20, 2, That the firm agrees to comply and remain in compliance with all t h e requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph I through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as t h e government may direct as a means of enforcing such requirements. X1. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covored Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later deter- mined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this Page 6 Form FHWA-1273 (Rev. 3-94) transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submifted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," ne "iligible,'ower "ltier covered transaction," "particiant," "person," 0p. primary covered transaction,�1 it princ""proposal, proposal, and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations, f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transac- tion with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 9. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicita- tions for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration, i, Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, t h e department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of t h e statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification -Lower Tier Covered Transac. Lions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the depart- ment, or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. c. The prospective lower tier participant shall provide immedi- ate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances, d. The terms "covered transaction," "debarred," "suspended," '.ineligible," "primary covered transaction "participant 'person," "principal," "'proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated, f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and Form FHWA-1273 (Rev. 3-94) Page 7 frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, i, Except for transactions authorized under paragraph 9 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from partici tion in this transaction, in addition to other remedies available to t h e �ederaI Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions; I - The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or volun- tarily excluded from participation in this transaction by any Federal department or agency, 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XIL CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,* in accordance with its instructions. Z. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making orentering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Page a Form FHWA-1273 (Rev, 3-94) ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor under- taking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available, b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 2 0 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below, 2. The contractor shall place ajob order with the State Employ- ment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employ- ment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. if during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service, The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contrac- tor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph Ic above. 5. The contractor shall include the provisions of Sections I through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. Form FHWA-1273 (Rev. 3-94) page 9 a too ti MACTEC Engineering and Consulting 2010 Schedule of Fees (Standard A — except California) Effective: February 17, 2010 1. Personnel Charges will be made at the following rates for time spent in pro'Ject management, consultation or meetings related to the project, conducting field inspections, sampling, evaluations, review and analysis of field and laboratory data, report preparation and review, design, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the standard rate times 2.0. Technician and Support Personnel time for work over 8 hours per day and on holidays, Saturday and Sunday will be charged at the standard rate times 1.5. A. Professional (Engineer, J, Scientist and Pro Geologist, istProject Management) Staff I Staff 11. Prof ect Sen ior Principal/Project Manager ..Senior Principal/Senior Project Manager Chief Engineer/Scientist Special Rate Personnel* $7 LOO/hour $77.00/ hour $86.00/hour $109.00/hour $155.00/hour $159.00ihour $194.00/bOLir ,Separate Schedule Special Rate Personnel identified by name (such as certain Senior Principals with specialized expertise) will be billed at a special rate identified for individLial projects. B. Technical Services (Engineering and Science) Technician I Technician 11 Senior Technician I Senior Technician 11 Principal Technicians and Specialty Technicians (i,e., persons holding specialized certifications) Project Administrator/Project Coordinator/Subcontract Administrator/Project Accountant Technical Writer/Document Processor CARD/Draftsperson (includes PC/CAD) I CADD/Draftsperson (includes PC/CAD 11 Admin I Admin 11 $45.00/hour $55.00/hour $60.00/liour $70.00/hour Separate Schedule $75.00/hOUr $78.00/hour $66.00/hour $ 10 1.00/hour $40.00/hour $52.00/hour 2010 Schedule of Fees Standard A In C. Surveying Services Field Surveyor I Field Surveyor 11 Survey Technician I Survey Technician 11 Survey Party Chief D. Information Management Software -Engineer ' Data Technician Senior ' Software Engineer Business Analyst E. Contract Labor $43 .00/hour $47.00/hour $67.00/hour $72.00/hour $75 .00/hour $92.00/hour $132.00/hour $162.00/hour $132.00/hour From time to time, MACTEC retains outside Professional and Technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule of Charges rates. Note-, Personnel rates shown in the above fee schedule apply to project charges through January 20, 2011. On January 21 st of each subsequent year, labor rates invoiced on projects will be increased by 3.5% to reflect annual cost of labor increases. Expenses A. Travel Expenses 1. Transportation: Company pickup truck/personal vehicle, per mile - $0.445 a. Company pickup truck per day - $75 b. Common carrier or car rental multiplied by (as covered in 7.3.1 of the Contract to the amounts authorized by Section 112.061, Florida Statutes) 2. Per Diem expenses: direct expenses in accordance with Florida State Statutes. B. Disposal of Hazardous Waste Samples Samples of waste will be disposed by permitted methods after a determination is made that the waste is defined by RCRA to be hazardous. Due to the requirements for some hazardous assessments, disposal and invoicing of incurred expenses may take place after invoicing of the originally contracted work. 2 20 10 Schedule of Fees Standard A C Equiptent/ Other Expenses Digital Field Documentation Equipment (cameras, water level & measuring tapes, GPS units, etc.) Geophysical Equipment Geotechnical & Environmental Monitoring & Sampling Equipment Special equipment or supplies, permits, shipping charges, special printing or other items not customarily provided by MACTEC will be charged at cost multiplied by 1. 15 D. Communications Separate Schedule Separate Schedule Separate Schedule In-house costs for long-distance phone, telex, telecopier, postage - project labor charges x 5%. Ill. Subcontracts Subcontract services will be invoiced at cost multiplied by 1. 15. 11 MACTEC Engineen*ng and Consulting 2010 Schedule of Fees (,Standard A — except California) Effective: February 17,2010 Specialized Personnel Charges will be made at the following rates for Specialty Engineering time spent in consultation or meetings related to the project, conducting field inspections, evaluations, review and analysis, litigation, travel time, etc. These specialty engineers will be identified prior to work being performed and only when specialty work is requested. A. Specialized Professional Personnel (Registered Engineers (PE), or other professional registration as may be required for the specialty.) Senior Metallurgist (Professional Engineer, CWI) $194.00/hour Registered Engineer for Litigation, Depositions, Testimony $295.00/hour Senior Structural Engineer (PE) $194.00/hour Senior Materials Engineer (PE) $194.00/hour Senior forensic Engineer for Failure Analysis (PE) $1.94. . 00/hour Senior Environmental Engineer Specialist (PE) $1.94.00/hour Special Rate Personnel will be identified by name at the time of request (such as certain Senior Principals with specialized expertise) B. Equipment / Other Expenses (Does not include personnel) Digital Field Documentation Equipment (cameras' water level & measuring tapes, GPS units, etc.) Geophysical Equipment (GPR equipment) Underwater Camera Equipment/Video up to 50 feet depth and low turbidity. Environmental Monitoring & Sampling Equipment (Dust, OVA, Air Monitoring, Noise Meter, Light meter) Special equipment or Supplies, permits, shipping charges, special printing or other items not customarily provided by MACTEC $75/day (min 2 days) $ 1, 1 00/day (min 2 days) $1,900/day $ 100 to $450/day Depending on the equipment and scale required. Actual cost x 1, 15 /�MACTEC STANDARD FEE SCHEDULE - FIELD SERVICES AND TESTING Consultant Description Units Unit Price MACTEC Double Ring Infiltrometer ------------ EA $450.00 MACTEC Adsorption Test - Drilled Core EA $85.001 MACTEC ]Part, Agg< 0.075MM (-200) ............... EA $40.00 MACTEC Size Analy. Of soil EA $30.00 MACTEC Asphalt Cores (Interstate) . .. . .... ... . .. .... .... .... EA $40.001 MACTEC Atterberg Limit EA $80.00 MACTEC -ATV-STD. Tires EA $600.00 MACTEC Auger borings/soundings FT $9.00 MACTEC iBuhr Spec. Gravity EA $55.00 MACTEC Chloride Ilon in Soils EA $45.00 MACTEC Comp Strength conc. Cyl. .................. PER CYL $15.00 MACTEC Conc 3x6 spec comp strength PER CYL $15-00 MACTEC Consolidation EA $675.00 MACTEC Corrosion Classification SAMPLE $175.00 MACTEC CPT 0-50 PER FT $9.50 MACTEC CPT 100-1500 PER FT $12.00 MACTEC CPT 150-200' PER FT $15.00 MACTEC CPT 50-1001 PER FT $10-50 MACTEC Crosshole Sonic Logger (CSL) EA $350.00 MACTEC Cure concrete Specimen (only) ............ EA $10.00 MACTEC i'D50 Determination EA $50.00 MACTEC Drilled Conc. Cores w/wo rebar EA $1 MOO MACTEC Elect, bond & resist of water EA $50M MACTEC Extra SPT -Land 0-50' PER SAMPLE $2&00 MACTEC Extra SPT - Land 100-150' PER SAMPLE $40.00 MACTEC Extra SPT - Land 50-100' PER SAMPLE $31.00 MACTEC Extra SPT - Water 0-501 PER SAMPLE $37.50 MACTEC Extra SPT -Water 50-1001 PER SAMPLE $48.00 MACTEC Extra SPT - Water 100-1 50P ............... PER SAMPLE .............. $44.00 MACTEC Field Permeability $425.00 MACTEC Field vane test $300.00 MACTEC Grain -size analysis $50-00 MACTEC Ground Penetrating Radar (CPR} FIR $260.00 MACTEC Grouting FT $6.00 MACTEC . . . ................ Gyratory Compaction Asphalt Specimen (1 Pill) $80.00 MACTEC Install Monitor well T-1 1 . . . ....................... . ..... $38.00 MACTEC Install Peizonmeters $25.00 MACTEC Engineering and Consulting, Inc. Consultant .MACTEC .MACTEC MACTEC MACTEC MACTEC MACTEC MACTEC MACTEC MACTEC MACTEC . MACTEC .. . .. . ........... . . .... . . ..... . ...... .. ......... ... . Description . .... . . Install Slope indicator casing LA Abrasion LBR Liquid Limit of Soil LIVIRK Carbonates & organic - Irnrk Max Spec. Gravity Mobilization - Truck Mount Drill Rig Moblization - Cone Truck Modified Proctor Moist -Den. 1 01b - 18" Drop Moisture Content . . ............ MOT Cones/Flags (50 each) ................................... MOT Flagger Units ........ DAY HR Unit Price $25-00 $185.001 $300-00 $65.00 $11 O.OQ $110.00 $450.001 $450,00 $235.00 $45.00 $50.00 PER SALARY/MULTIPLIER MACTEC ...... ........ ... .. MOT Mobilization $180.00 .MACTEC MOT Supervisor HR PER SALARY/MULTIPLIER .MACTEC Organic Content Ign Oven $40.00 ,MACTEC Part. Size Analy. Of soil $100.00 MACTEC PDA Rental DAY $600.00 MACTEC . . . ................. PDA-Wave Equation $375.00 MACTEC Percolation TEST $400.00 MACTEC Perm. (Constant Head) TEST . . ......... $400-00 MACTEC Perm. (falling head) TEST $400.00 MACTEC Petrograhic exam of hard'd concrete F-A $1 A0.00 MACTEC PH of water EA $20.00 MACTEC Pile Integrity Tester (PIT) $300.00 MACTEC Plastic lira it / index of soil EA $50.00 MACTEC Quant extract. Bit. Pay. Mxt. EA $125.00 MACTEC Rk Core 0-50' 4" FTC. MACTEC IMACTEC Rk Core 100-150'4" FT $60.00 MACTEC Rk Core 150-200' 4 FT $65.00 MACTEC Rk Core 50-100' 4" FT $55.00 Soundness Test (5 cyc) .. .............. $225.00 MACTEC Sp Grav & absp test - coarse EA $95-00 MACTEC Sp gran & Absp Test - fine agg EA $95.00 MACTEC Specific Gravity EA $75.00 MACTEC SPT > 100'Land FT $19.00 MACTEC SPT > 100' Water FT $35.00 MACTEC SPT 0-50'Water FT $21.00 MACTEC SPT 50-100'Land FT $15.00 -MACTEC SPT 50-100'Water FT $25.00 MACTEC SPT 0-50' Land FT $12-50 MACTEC Standard Proctor Mosit.-dens. 5.5lb-1 2" drop EA $180.00 MACTEC Sulphate content in soils EA $75.00 MACTEC Engineering and Consulting, Inc. Consultant . . ........ Description . . .. .. ..................... .... . . . . Units . ........................... Unit Price .......................... MACTEC . ............ Ternp Casing 3" FT .. ............. ...................... $10-00 MACTEC Temp Casing 4" FT $12.00 MACTEC Temp Casing 6" FT $14.00 MACTEC Test Drilled cores comp strength EA $2T00 MACTEC Triaxial CD, per point PER POINT $245.00 MACTEC Triaxial CD, per point PER POINT $180.00 MACTEC Triaxial DU, per point PER POINT $180.00 MACTEC Unconfined Compression Test EA .......... $125.00 MACTEC ............... Undisturbed samples EA $50.00 MACTEC Unit Wt. & voids -egg. Test EA $50-00 IMACTEC Work boat ................. ... ........ DAY $1,500.0 . .. .... ........ 2J By: Jacqueline Hart, Manager Construction Services 13-Jan-10 Date N 0 T SEW *5 : 1, These are MACTEC's Standard Fees whether performed by private or governmental clients unless otherwise negotiated. 11ACTEC Engineering and Consulting, Inc. MACTINC I ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDtyyyy) PRODUCER i121281209E commercial mercial Lines... (770) 850-0050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE �IIS Fargo Insurance Services USA, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4401 Northside Parkway, Suite 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES SELOW, Atlanta, GA 30327 INSURED MACTEC Engineering and Consulting, Inc. & MACTEC, Inc. 5845 N.W. 158th Strut Miami Lakes, FL 33014 INSURERS AFFORDING COVERAGE NAIL # INSURER A. Zurich American Insurance Co 15535 INSURERS. SteadWt Insurance Company 28387 INSURER C: L yd's, London INSURER I: fNStJRER E• COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ►4Ht�1iE FCiFt THE PCiLICY PERIOD Ii+,ICjICA►TEQ, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ED OR MAY PERTAIN, TIME INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIONS AND CONDITIONS ONS OF SUCH LTR TYPE INSURANCE POLICY NUMBER I�?L�Y EFFEC POL—tC EXPRA"nt�N GENERAL LIABILii"Y �' GL0225862812 LINIMS X COMMERCIAL GENERAL L"ILITY 09/01109 o9101110 EACH OCCURRENCE $ 1,000,000 DAMAGE TO ejNTIzD �' t'I�00 CLAIMS MADE OCCUR MED F tP ' ane M'r�nl .€ PERSC' NAL. a ACV INJURY � 1,000, 000 GEN'L AGGREGATE L.fi�e41"i' APPLIES PER: GENERAL AGGREGATE + Z000.C� POLICI PRCT LOC PRODUCTS - COMP/OP AGO S 2,000, 00 A AUTOMOBILE uABILITY SAP225$8291� X 09101109 Q911�1f1£t ANY A�aT���11r?� COMBINED LIMIT � ALL OWNED AUTOS rsINCA„E ) �,� A� SCHEDULED AUTOS r.ODLYJURY X MIRED AUTOS } � X NON -OWNED AUTOS BODILY INJURY (Pet a cddwA) � PROPERTY DAMAGE GARAGE LOBRLtTY Per dent; $ ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ 8 EXCESSft,NM8RELLA LIASILI7Y SE0855238600 U9/01/09 AUTO ONLY;""'"""""""" AGO � 09/01/10 OCCUR CLAIMS MADE EACH OCCURRENCE $ 4.000,t� AGGREGATE 4,000,E DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC225863012 (AOS) Q91Q11�9 G�9it�111t� � x WC STATi� OTH- ANY PRO�PFtIE�"OI��+,�'t�'riIER9ExECUT[1�E �111�283354Ql2 j,{II�`�ilif'� D�1�11fl9 �9i�'�11C� OFFICERiMEMMSER EXCLUDED? E.L. EAICt"IACClI;3EtyT $ I..t1� If yes, �fibe undw VVC943289901 (Guam) 0910'It09 1�91Q111 � SPECIAL PROVISIONS bets E.L. DISEASE . EA EMPLOYEE $ �.�I, OTHER C Professional E.L. DISEASE - POLICY LIMIT $ 1,000,i� QF054509 D911�11�9 a9Id11111...... i.lability $1,000,000 Each CIOI" S2.000.000 Ag9nrgee DESCRIPTION PTION TIONS t L C?+C ATICiN31 VIL�HiCLE$ f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PRovt$R s RE, PROP09M IAM To 129 - Monroe County On Call Englneerincg Services Contract Evidence of Insurance CERTIFICATE HOLDER t"AN['Ii t ATtnil Monroe County Attn: Clad( Briggs 1100 Simonton St,, Room 216 Key West, FL 33040 ACORD 25 2001/08) 1 of 2 S14OULD ANY OF THE A8OVLr DESCRIBED PCtUCIS3 BE CANCELLED BEFORE THE EXPIRAMN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS 1►YRfMN NOTICE TO THE CERTIFiCATE HOLDER NAMW TO T14E LEFT, BUT FAILURE TO 00 34 SHALL IMpo$e NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRIESENTATt"S. AUT14OR= REPRESENTATNE 0 ACORD CORPORATION 1988 POLICYNUMBER:57CESOF1487 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS a COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. - COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organziation(s): iLotaticn And Description Of Com,31ated Onarnflesnift t Monroe county 1 Board of County Comm 'ss, Re,: All Operations of the Named 1100 Simonton Street loners Insured. Key West, FL 33040 Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section It - Who Is An Insured Is amended to in- clude as an additional Insured the person(s) or or. ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the locaflon designated and descn-bed In the schedule of this endorsement Performed for that ad. ditional Insured and included In the "products-com. Pleted Operations hazard". CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page I of 1 UNIFORM