Item S3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 January 2003
Division:
Growth Management
Bulk Item: Yes --..X.- No
Department"
Marine Resources
AGENDA ITEM WORDING:
Approval of a contract Agreement with North Key Largo Utilities for completion of wastewater improvements
in fulfillment of grant obligations between the County and FDEP under grant agreement LP0337.
ITEM BACKGROUND:
The Legislature made $11.8 million in funds available to Monroe County and its municipalities for wastewater
and stormwater improvements. The Commission passed a motion in June to expend a portion of the County's
share ($987,586) to assist the North Key Largo Utility in making wastewater transmission line improvements.
The County staff provided two applications in August to fund the North Key Largo Utility project and another
project involving the Key West Resort Utility. The attached contract with North Key Largo Utility will provide
funds to help offset the cost to the Utility or their recent system upgrade efforts. In turn, the Utility will be
required to provide documentation sufficient to obtain reimbursement from FDEP on all project components.
PREVIOUS RELEVANT BOCC ACTION:
June 19, 2002 - Direction to staff to include NKLU in State funding projects
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS;
Approval
TOT AL COST:
$987.586
BUDGETED: Yes
No X
COST TO COUNTY:
None
SOURCE OF FUNDS:
FDEP Grant LP0337
REVENUE PRODUCING: Yes
No ---X- AMOUNT Per Month
Year
Timo
NA
APPROVED BY: County Atty --..X.-
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
DISPOSITION:
AGENDA ITEM NO.:
SJ
BC030 190.doc
12/24/02 10: 16 AM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: North Key Largo Utility Contract #
Effective Date: January 15,2003
Expiration Date: December 31,2003
Contract Purpose/Description:
CONTRACT FOR WASTEWATER SERVICEAT NORTH KEY LARGO, FLORIDA
Contract Manager: Garrett 2507 Marine Resources / No. 11
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on January 152003 Agenda Deadline: December 30 2002
CONTRACT COSTS
Total Dollar Value of Contract: $ $987,586 Current Year Portion: $ 987,586
Budgeted? Yesl8l No 0 Account Codes: J~~_-5~_ O-_.0wO!03-5~ Lf)"
Grant: $ 987,586 fYL
County Match: $ 0
- - -
----
- - -
----
Estimated Ongoing Costs: $NA/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
O.M.B./Purchasing
Changes
Date In Needed _/
,/8;113 YesD NoL:f _
YesD NolL}-- .~_//~~j~, {/ ),t-c J_-i-/
(,;. '. ,~./' /'
YesD Nol2l d/ <""/-</!..-'- (/ :j~z/i.l...:i./.../
YesO Nrp'5i-C~
Date Out
Division Director
J-B'
/ -7-()~~
Risk Management
County Attorney
r
L-3- o:?
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT FOR WASTEWATER SERVICE
A T NORTH KEY LARGO, FLORIDA
THIS CONTRACT is entered into by MONROE COUNTY, a political subdivision
of the State of Florida, whose address is the Marathon Government Center, 2798
Overseas Highway, Marathon, Florida 33050, hereafter the County, and North Key
Largo Utility whose address is 100 Anchor Drive, Suite 505, Key Largo,Florida
33037 hereafter NKLU.
Section 1. This Contract serves in partial fulfillment of the County's agreement
with the Florida Department of Environmental Protection (FDEP) (DEP
Agreement No. LP0037). Said agreement is attached as Attachment A of this
Contract for reference. The purpose of this agreement is to provide partial
fundIng for wastewater infrastructure improvements initiated and completed by
NKLU.
Section 2. The NKLU and the County, for the consideration named agree as
follows:
1. Work by NKLU will be completed as specified in its submittal to the County
on August 22,2002 (Attachment B).
2. The NKLU will provide the County with documentation for each item
described below. Completion of Project activities (a) through (e) below shall
be accomplished before March 1, 2003 to comply with statutory
SWMP -StateFnds 1 765AgreementContractNKLU030 1
01/02103 2:33 PM
requirements pursuant to specific appropriation 1765A of the 2002-2003
General Appropriations Act (Chapter 2002-334, Laws of Florida). Said
submittals shall be made by the NKLU Grant Manager and shall be sent to
the County's Grant Manager in a single package not later than February 1,
2002.
(a) Submittal of updated Section A, Attachment A of the County's
Agreement with FDEP (Agreement No. LP0037), Project Budget
Information.
(b)
Certification
of availability
of the
all
wastewater
collection/transmission system sites, including easements and rights-of-way,
including permission to work on private property.
(c) Submittal of plans and specifications as used for advertised
competitive bidding.
(d) Submittal of recommendation for award to low responSIve,
responsible bidder.
(e)
Certification of operability.
Contract
01/02/03 2:33 PM
z
3. The NKLU agrees to provide additional information regarding items (a)
through (e) above as requested by the County or the project funding agency,
FDEP under its agreement with the County (DEP Agreement No. LP0037).
Section 3. Upon receipt of the submittal package described in Section 2.,
Subsection 2. the County will review all documentation prior to submittal to
FDEP for reimbursement. If there are any questions about completeness, the
NKLU will consult with the County and upon resolution of any questions,
provide any revisions to the submittal package as necessary. At this point, the
submittal package will be deemed fully complete. Payment for the fully
completed submittal package will be in the amount of $450,000. The NKLU
agrees to submit an invoice in this amount upon favorable completion of the
submittal package. The County will process the invoice from NKLU for
payment within 30 days of receipt.
Section 4. The County will provide the fully completed submittal package
provided by NKLU to FDEP for reimbursement. If there any questions on the
part of the FDEP, DEP Agreement No LP0037 Project Manager, Richard
Smith, NKLU agrees to consult with the Project Manager and resolve any
questions raised. Upon satisfactory resolution of any questions on the part of
the FDEP Project Manager, NKLU agrees to revise the fully completed
Contract
01/02/03 2:33 PM
3
submittal package as necessary. This package will be deemed the final
submittal package. Payment for the final submittal package will be in the
amount of $537,586. The NKLU agrees to submit an invoice in this amount
upon favorable completion of the final submittal package. The County will
process the invoice from NKLU for payment within 30 days of receipt.
Section 5. Either party may terminate this Contract because of the failure of the
other party to perform its obligations under the Contract. If the County
terminates this Contract because of the NKLU's failure to perform, then the
County must pay the NKLU the amount due for all work satisfactorily
completed as determined by the County up to the date of the NKLU's failure to
perform but minus any damages the County suffered as a result of the NKLU's
failure to perform. The damage amount must be reduced by the amount
saved by the County as a result of the Contract termination. If the amount
owed the NKLU by the County is not enough to compensate the County, then
the NKLU is liable for any additional amount necessary to adequately
compensate the County up to the amount of the Contract price.
Section 6. The NKLU acknowledges and agrees that public use of any or all
reports or other printed materials, videos, audio recordings, films and
photographs produced as part of this Plan may not be restricted under the
copyright laws of the United States of America.
Contract
01102103 2:33 PM
4
Section 7. Records of the NKLU's direct personnel payroll and other costs and
expenses pertaining to the Project and records of the accounts between the
County and the NKLU must be kept on a generally recognized accounting
basis and must be available to the County. The records also must be in form
sufficient to permit a grant specific audit to be performed in accordance with
the rules of the Auditor General. The NKLU must keep the records for five
years following the completion of the Plan.
Section 8. The NKLU acknowledges that all records, data, and documents
created as part of the Plan are public records under Chapter 119, Florida
Statutes. As a result, they must be made available at a reasonable place and
time upon the request of a member of the public. Failure to do so is a breach
of this Contract entitling the County to treat the Contract as terminated on the
date of the violation of Chapter 119, Florida Statutes, with the County's
obligation to pay extending only to work completed as of that date plus
amounts previously retained, if any.
Section 9. In the course of carrying out the wastewater infrastructure
improvements, the NKLU may not discriminate against any employee because
of race, age, creed, color, sex or national origin. The NKLU will take
affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, age, creed,
color, sex, or national origin. Such action may include, but need not be
limited to, the following: employment upgrading, demotion, or transfer;
Contract
01/02/032:33 PM 5
recruitment or recruitment advertising; lay-off or termination; rates of payor
other forms of compensation; and selection for training, including
apprenticeships. The NKLU must insert language similar to this Section in
any of the NKLU's subcontracts, if any, funded through this Contract except
for subcontracts for standard commercial supplies and raw materials.
Section 10.
In carrying out the water quality monitoring program, the
NKLU must comply with the requirements of the Americans With Disabilities
Act and federal regulations issued under that Act.
Section 11. The NKLU warrants that it has not employed, retained, or otherwise
had act on its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 020-1990. For breach or
violation of this provision, the County, in its discretion, may terminate this
Contract without liability and may also, in its discretion, deduct from the
Contract or purchase price, or otherwise recover the full amount of any fee,
commission, percentage gift, or consideration paid to the former County officer
or employee.
Section 12.
A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit
Contract
01102/03 2:33 PM
6
a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not perform work as a contractor, supplier,
subcontractor, or NKLU under 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 the Category two for a
period of36 months from the date of being placed on the convicted vendor list.
Section 13.
The NKLU agrees to maintain adequate insurance or equivalent
as provided in Exhibit B.
Section 14. All communication between the parties should be through the
following individuals or their designees:
Monroe County
George Garrett, Director
Department of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
NKLU
Paul Winkelj ohn
North Key Largo Utility Corp.
100 Anchor Drive, Suite 505
Key Largo, Florida 33037.
Contract
01/02/032:33 PM
7
The effective date of this Contract is January 15, 2003 or upon the signature of all
parties.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be
executed by its duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest:
NORTH KEY LARGO UTILITY
By
Title
By
Title
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
~ICE
Contract
01102/032:33 PM
8
EXHIBIT A
Contract No. LP0037 between Monroe County and the
Florida Department of Environmental Protection
Appendix A
01/02/032:33 PM
STATE FINANCIAL ASSISTANCE AGREEMENT
MONROE COUNTY
DEP AGREEMENT NO. LP0337
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO SPECIFIC APPROPRIATION 1765A OF THE 2002 - 2003 GENERAL
APPROPRIATIONS ACT (CHAPTER 2002-334, LAWS OF FLORIDA)
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, the address for which is 2600 Blair Stone Road,
Tallahassee, Florida 32399 (hereinafter referred to as the "Department") and MONROE
COUNTY, the address for which is Gato Building, 1100 Simonton Street, Key West, Florida
33040 (hereinafter referred to as "Grantee" or "Recipient"), existing as a local government
agency under the laws of the State of Florida, to provide funds for constructing additions to the
wastewater collection systems for North Key Largo Utility and for Key West Resort Utility.
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 (Project Work Plan), and all attachments and
exhibits named herein which are attached hereto and incorporated by reference. The
Grantee agrees to the completion of all activities set forth in Section C of Attachment A.
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 March
31, 2003 unless the Project Schedule outlined in Section C of Attachment A is met and
the Agreement is amended. The Grantee shall not be eligible for reimbursement for work
performed unless the Project Schedule is met. This Agreement shall be amended to
provide for disbursement of grant funds identified herein provided that all terms and
conditions of this Agreement, including compliance with the Project Schedule, are met
and construction of the Project results. This Agreement may be amended one or more
times to provide for disbursements for any portion of the Scope of the Project Work
outlined in Section B of Attachment A. However all such amendments must be issued
before March 31, 2003.
3. In the event that the Agreement is amended as provided in paragraph 2. above, the
following disbursement provisions shall apply:
A. As consideration for the services rendered by the Grantee, the Department shall pay the
Grantee on a cost reimbursement basis in an amount not to exceed $1,122,408 toward the
total Project cost estimate identified in Section A of Attachment A. It is acknowledged
that the cost estimate is based on preliminary estimates and requires updating, as
appropriate, by the Grantee according to Section C of Attachment A. In no event shall
payments to the Grantee exceed 100% of the eligible project costs.
B The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project
costs after approval of deliverables and acceptance of a properly submitted Payment
Request Summary Form. The Payment Request Summary Form would be incorporated
into this Agreement by amendment. A Professional Engineer shall be responsible for
overseeing construction. In addition to the summary form, the Grantee must provide
sufficiently itemized invoices for the materials, labor, or services to identify the nature of
the work performed; the cost or charges for such work; and the person or entity providing
the service or performing the work.
C. In addition to the invoicing requirements referenced in paragraph 3.B. above, the
Department may periodically request proof of a transaction (invoice, etc.) to evaluate the
appropriateness of costs pursuant to State guidelines. This information when requested
must be provided within 30 calendar days of such request. All bills for amounts due shall
be submitted in detail sufficient for a proper pre-audit and post-audit thereof.
D. State guidelines for allowable costs can be found in the State Comptroller's Voucher
Processing Handbook at http://www.dbf.state.fl.us/aadir/tochandbk.htmI.
E. All costs incurred by the Grantee for its own employees in planning, designing,
constructing, administering, managing, evaluating, and inspecting the Project are not
eligible for reimbursement under this Agreement or any amendment thereof.
F. Travel costs are not authorized for reimbursement under this Agreement or any
ainendment thereof.
G. The purchase of non-expendable equipment for use by the Grantee is not authorized
under the terms of this Agreement or any amendment thereof.
4. The State of Florida's performance and obligation to pay under this Agreement as
amended would be contingent upon an annual appropriation by the Legislature. The
parties hereto understand that this Agreement is not a commitment of future
appropriations.
5. 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.
6.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.
2
6.8. The Department may terminate this Agreement for convenience by providing the Grantee
with thirty (30) calendar days written notice.
7. 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(1),
Florida Statutes.
8. 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 years following Agreement completion. The Grantee shall
similarly require each subcontractor to maintain and allow access to such records for
audit purposes.
9. In addition to the provisions contained in paragraph 8 above, the Grantee shall comply
with the applicable audit, monitoring, and record keeping provisions contained in
Attachment B. A revised copy of Attachment B, Exhibit-l shall be provided to the
Grantee with each Agreement amendment that affects the information contained therein.
A revised Exhibit-l shall summarize the funding sources supporting the Agreement for
purposes of assisting the Grantee in complying with the requirements of Attachment B.
If the Grantee fails to receive a revised copy of Exhibit-I, the Grantee shall notify the
Department's Grant Manager indicated in this Agreement to request a copy of the
updated information.
10. A. The Grantee shall not subcontract, assign, or transfer any construction services or
equipment/material procurement work to be funded under this Agreement as amended
without the prior written consent of the Department's Grant Manager. 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, and that the Grantee shall be solely
liable to any subcontractor for all expenses and liabilities incurred under the subcontract.
10.8. 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. Upon request of the Grantee, the
Department will furnish a list of minority owned businesses for consideration in
subcontracting opportunities.
ll. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited
from using funds provided by this Agreement and any amendment thereto for the purpose
of lobbying the Legislature, the judicial branch or a state agency.
3
12. The Grantee shall comply with all applicable federal, state and local rules and regulations
in providing services to the Department. The Grantee acknowledges that this requirement
includes 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 (by
change order if necessary) issued as a result of this Agreement.
13. The Department's Grant Manager for this Agreement is identified below.
Dick Smith
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Phone: (850) 245 - 8358
Fax: (850) 245 - 8411
14. The Grantee's Grant Manager for this Agreement is identified below.
George Garrett, Director
Division of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Phone: (305) 289 - 2507
Fax: (305) 289 - 2536
l5. 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. The Grantee shall require each
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.
l6. The Grantee, as an independent contractor and not an agent, representative, or employee
of the Department, agrees to carry adequate liability and other appropriate forms of
insurance. The Department shall have no liability except as may be specifically provided
in this Agreement. Alternatively, 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.
l7. The Grantee covenants that it presently has no interest and shall not acquire any interest
that would conflict in any manner or degree with the performance of services required.
4
18. The Department may at any time, by written order designated to be a change order, make
any change in the work within the general scope of this Agreement (e.g., requirements,
etc.). This Agreement does not incorporate such subcontracts, assignments, or transfers
as may be approved by the Department pursuant to paragraph 10.A. All change orders
are subject to the mutual agreement of both parties as evidenced in writing. Any change
order that could result in the Grantee's ability to pay for Project work, change the amount
of funding under this Agreement, or increase the time for completion of Project work
shall require a formal amendment to this Agreement.
19. 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.
19.B. An entity or affiliate that 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 works, 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.
20. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee, 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 287.0l7, F.S., for Category Two, for a period of 36 months from the date of
being placed on the convicted vendor list.
21. 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.
22. The offer to enter into agreement for Project implementation and funding shall be
withdrawn if the designated local government Recipient fails to execute the Agreement
within 30 days of delivery to the Grantee's Grant Manager at the address given in
paragraph 14 or if there is a failure to return the fully executed Agreement within 45 days
to the Department's Grant Manager at the address given in paragraph 13.
23. Any dispute between the Contractor and the Department involving the adequacy of
required submittals/deliverables, including the justification for award of the designlbuiId
contract, described in Attachment A, shall be resolved at the lowest organizational level
possible. However, final decisions over disputed issues may be made by the Director,
Division of Water Resource Management or designee.
5
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
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
By:
Mayor/Chairperson
Director, Division of Water
Resource Management
Date:
Date:
FEID No.: 59-6000749
Attest
By:
List of attachments/exhibits included as part of this Agreement:
Specify Type
Letter/
Number
A
B
Description (include number of pages)
Attachment
Attachment
Project Work Plan (2 Pages)
Audit Requirements (5 Pages)
;e;,~.
B~
RO&Ep,I" .::,'E 6
DATE I Z - 7 b - Z
6
ATTACHMENT A
MONROE COUNTY
North Key Largo Utility and Key West Resort Utility Wastewater Management Systems
A. PROJECT BUDGET INFORMATION
PROJECT BUDGET
Category of Expenditure DEP Funds Other Funds Total Funding
FY 02/03 FY 03/04 FY 04/05
North Kev Lare:o Utility
Design $ 0 $ 0 $ 0 $ TBI* $ TBI*
Construction $ 987,586 $ 0 $ 0 $ TBI* $ TBI*
Tech. Services during $ 0 $ 0 $ 0 $ TBI* $ TBI*
Construction
Other $ 0 $ 0 $ 0 $ TBI* $ TBI*
SUBTOAL $ 987,586 $ 0 $ 0 $ 2,912,414 $ 3,900,000
Kev West Resort Utility
Engineering /Inspection $ 0 $ 0 $ 0 $ 279,000 $ 279,000
Construction $ 134,822 $ 0 $ 0 $ 3,365,178 $ 3,500,000
Contingency $ 0 $ 0 $ 0 $ 380,000 $ 380,000
AdministrationlLegal $ 0 $ 0 $ 0 $ 347,000 $ 347,000
Testing $ 0 $ 0 $ 0 $ 100,000 $ 100,000
SUBTOTAL $ 134,822 $ 0 $ 0 $ 4,471,178 $ 4,606,000
GRAND TOTAL $1,122,408 $ 0 $ 0 $ 7,383,592 $ 8,506,000
Note: TBI* means To Be Identified by Grantee
B. SCOPE OF PROJECT WORK:
Sewer extensions are to be constructed for the North Key Largo Utility Corporation and for the Key
West Resort Utility, Incorporated. The facilities to be constructed will provide for decommissioning
of existing individual on-site wastewater treatment and disposal systems. Wastewater treatment and
disposal will be provided at the existing facilities serving each of the two Utilities.
C. PROJECT SCHEDULE
1. North Key Largo Utility
Completion of Project activities (a) through (e) below shall be accomplished before March 1,2003
to comply with statutory requirements. All submittals shall be made by the Recipient's Grant
Manager and shall be sent to the Department's Grant Manager.
DEP Agreement LP0337, Attachment A, Page] of2
(a) Submittal of updated Section A Project Budget Infonnation.
(b) Submittal of inter-local agreement for construction of sewers.
(c) Certification of availability of the all wastewater collection/transmission system sites, including
easements and rights-of-way, including pennission to work on private property (submittal to the
Department is required).
(d) Submittal of plans and specifications as used for advertised competitive bidding.
(e) Submittal of recommendation for award to low responsive, responsible bidder.
(f) Certification of operability (submittal to the Department is required).
2. Key West Resort Utility
Completion of Project activities (a) through (f) below shall be accomplished before March 1,2003 to
comply with statutory requirements. All submittals shall be made by the Recipient's Grant Manager
and shall be sent to the Department's Grant Manager.
(a) Establishment of rates, fees, and assessments for the revenue generation system to recover
capital costs and operation/maintenance costs (submittal to the Department is required).
(b) Certification of availability ofIocal share of Project contract costs (submittal to the Department
is required).
(c) Submittal of a plan for timely decommissioning of existing individual on-site treatment and
disposal systems.
(d) Certification of availability of the all wastewater collection/transmission system sites, including
easements and rights-of-way, including permission to work on private property (submittal to the
Department is required).
(e) Submittal of plans and specifications as used for advertised competitive bidding.
(f) Submittal of recommendation for award to low responsive, responsible bidder.
(g) Certification of operability (submittal to the Department is required).
DEP Agreement LP0337, Attachment A, Page 2 of2
ATTACHMENT B
SPECIAL AUDIT REQUIREMENTS
The administration of funds awarded by the Department of Environmental Protection (which may be referred to as
the "Department". "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which
may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS"
below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope
audits as defmed 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 Comptroller or Auditor
General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A-133, as revised.
I. In the event that the recipient expends $300,000 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-I33, as revised. EXHIBIT I to this agreement 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 funds 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 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 I., 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 $300,000 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 $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal funds (Le., the cost of such an audit must be paid from recipient funds obtained
from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httr: aspe.os.dhhs.~(1\ cfeJa.
DEP Agreement No. LP0337, Attachment B, Page I of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2XI), Florida Statutes.
I. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance
provided to the recipient to carry out a State project) equal to or in excess of$300,000 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 Executive Office of the Governor
and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT I to this agreement
indicates State funds awarded through the
Department of Environmental Protection by this agreement. In determining the State awards expended in
its fiscal year, the recipient shall consider all sources of State awards, including State funds received from
the Department of Environmental Protection, except that State awards received by a nonstate entity for
Federal program matching requirements shall be excluded from consideration.
2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
ofa reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of
the Auditor General.
3. If the recipient expends less than $300,000 in State awards 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 $300,000 in State awards 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 non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other
than State entities).
4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial
Assistance (CSF A), a recipient should access the website for the Governor's Office located at
http:.sun6.dms.state.fl.us1fsaa for assistance. In addition to the above website, the following websites may
be accessed for information: Legislature's Website httP: '\\\I'\\.le!.!.state. tl.us', Governor's Website
http:'w\\'w.tl!.!o\.com, Department of Banking and Finance's Website
http:; \\w\\.dbf.state.tl.usaadir'FS:\Alndex.htll1l, and the Auditor General's Website
Imp:! sun6.dms.state.tl.us aud!.!en.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of
State awards that are in addition to audits conducted in accordance with Section 2 I 5.97, Florida Statutes. In such
an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used
to specify any additional audit requirements imposed by the State agency that are solely a matter of that State
agency'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).)
DEP Agreement No. LP0337, Attachment B, Page 2 of5
PART IV: REPORT SUBMISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement 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:
A. The Department of Environmental Protection at each of the following addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (dXI) 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
120 I East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-l33, 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-l33, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at each of the following
addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
I II West Madison Street
Tallahassee, Florida 32302-1450
DEP Agreement No. LP0337, Attachment B, Page 3 of 5
4. Copies of reports or management letters required by P ART III of this agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at each of the following
addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other infonnation required to be submitted to the Department of
Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-I33, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable.
6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in
accordance with OMB Circular A-l33, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,
should indicate the date that the audit report was delivered to the recipient in correspondence
accompanying the audit report.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the tenns 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, 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, 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.
DEP Agreement No. LP0337, Attachment B, Page 4 of 5
-
I
Eo-
==
-
:::
~
IiIil
=:;
Eo-
Z
IiIil
:!:
:::
u
4(
Eo-
Eo-
4(
o
z
~
o
...J
...J
o
u..
UJ
:I:
E-
u..
o
E-
en
r;;
Z
o
U
E-
Z
UJ
~
UJ
UJ
0::
o
<:
en
:I:
E-
O
E-
E-
Z
<:
::>
en
0::
::>
c..
E-
Z
UJ
e;
U
UJ
0::
UJ
:I:
E-
O
E-
O
UJ
o
0::
<:
~
<:
en
o
5
u..
c
o
'j ~
U._ ~o
.... ..
tIl Q. U
Ci5e<<;
l3:U
<:
C
::s
o
e
<:
~
:0
c
::s
u..
Wi
e
\II
~
o
..
Cl.
..
..
u
~
u
""
..
oS
<II
~
C
::I
""
.~
.c
CJ
....
\II
:!:
~
'i
oS
Q
""
u
.c
....
...
o
....
<II
.;;
c
o
u
~
c
'i
oS
Q
""
u
.c
....
...
o
-
<II
.;;
c
o
u
~
E=
<:
o
u..
u
-
c
u
E
u
u
~
4(
<: t
o~
u.. e
u ::s
Z
-
c
u
E
u
u
~
4(
<II
:c
-
o
-
-
C
\II
::I
<II
..
::I
Cl.
.!!
.c
-
o
-
-
C
\II
::I
f
::I
Cl.
-
c
u
:9
CJ
u
Cl::
u
.c
-
o
-
~
u
~
..
\II
~
4(
<II
~
C
~;;
..
.. u
..~
u cu
~u..
u
""
~
c
~
<:
;;
..
cu
~
u
u..
-
c
u
:9
CJ
u
Cl::
u
.c
-
S
~
u
~
..
\II
~
4(
<II
];;
::I ..
""~
u cu
-u..
\II
-
en
5 ..
E~
005
o ::s
Q:Z
c
o
'j ~
.s.;:: 5?
tIl Q. iir
::'0..-
"" .. tIl
l3:U
<:
C
::s
o
5
<:
~
:0
c
::s
u..
~
E=
<:
o
u..
U
<:
o
u..
U
~
c
~
<:
;;
..
cu
~
cu
u..
e ..
E~
005
o ::s
Q:Z
c
o
'j ~
CU._ 0
E l5..~
enf:!1;
l3:U
<:
fI5
~
~
E=
..
<: 0
u..
en
U
c
'i
oS
Q
""
u
.c
-
...
o
~oou;;8..
.;; E 1;'(3 ~ II
csV);;~e
o tIl.... c'Vi ::s
~UOIi:<Z
c
u
E
u
u
..
4(
<II
:c
-
s
-
C
\II
::I
<II
..
::I
Cl.
..
tIl
CU
CU>-
1;_
en B
VJ
Ii:
-
c
.!!
'Cj
u
Cl::
u
.c
-
S
~
u
~
..
\II
~
4(
'"
~
C
::I
""
U
-
\II
-
en
~
N
\Q
0'\
00
00
o
C
::s
o
e
<:
all
c
:0
c
::s
u..
00
o
'<t'
N
N
iI9
c
.2
Q.
.;::
()
<II
CU
o
c
o
-!
o
-
<II
U
0::
~:i
'S ~
~ 'f:!
cuc..
() ..
r:: CU
..1;
::s ~
en CU
-8i
'i ~
~'O
~~
CU
()
..
::s
o
en
00
c
:0
c
::s
u..
0'\
M
o
r...:
M
M
o
o
N
I
N
o
o
N
'0
C
::s
u..
CU
()
..
::s
o
en
00
.5
'0
C
::s
u..
-
2
E-
.g~
'Vi~
'5
8'~
<:.=
'0 CU
;;.5
...J...J
-c
e .. ;; CU
UfC~ce
~ ~ g :~ ~
Q:ZO~
<.,g
a""
u..13
~:.c
cu ~
() ..
~.E
.~ ~
<II <II
<II 0 .
<: e-t)
() ::s E!
-;:: ..e- c
en <II 0
iL~ U
o ~ U
acu.;
- <II C
E! cu.-
-8~-g
~~~
'0 ~I:g
oo~ .-
..2~~
~':a
.v -: cu
U~u
cu S en
.c V'l.-
-Vl""
.5 E 5
'0 ~ 'Q.
Q.) \C .u
~ 5 ~
.~ ~ Q.)
cu .;
'0 =, ;.-.
J!l .=J ~
c_'O
cu<:cu
e u.. .!::
~eng.
.; ~ ~
O"cu..c
~ g ~
e s tIl
tIl en e
5b'~ ~
2<:<:
Q.-
cu .!l! .:.i
..c () ..
.... C 0
..c tIl ~
.~ .5 "U;
~ u.. cu
;.-. cu .~
- c; ~
Q..... cu
E en '"
8'0'0
c;,; ~ g,
~]8
.... tIl '"
cUt)
.2.! tIl ~
Q.'O .t::
'(3';:: c
cu 0 0
"i:i:u
cu cu cu
.;..c..c
.... ....
~ 5 .5
0:0'0
~~~
"0 ~-=
2.! -si g
~ ':jl'-
C -;,1 ~
-8 :; tIl
.- ~I) "0
E ~I ~
tIl ==1 ::s
.... '"'01 Q)
~ 01~
a ;;i g
.c ~ ~
~ :~i ~
cu C;~
.. =1 c
~ .:5 <2
00
o
'<t'
N
N
-
-
iI9
"E
tIl
~
<:
;;
'0
E-
'"
.....
o
'"
U
all
tIl
c..
as
-
C
cu
E
..c
()
~
<:
r-:
M
M
o
c..
...J
o
Z
....
C
U
E
cu
~
<:
c..
UJ
a
ATTACHMENT C
Disbursement Request Form
Legislative Projects (LP) Grants
1.
2
2
3.
4.
5.
6.
GrantecVFlecipient
Project Number LP0337
Disbursement Request Number
Disbursement Request Number
Type of Request: Partial 0
Federal Employer Identification Number
Date of Request
Required Match %
Final
o
o EFT
o Send Remittance to:
Mail
Disbursement Details
(cumulative amounts rounded to the nearest dollar)
1.
Construction
$
2.
Total Cumulative to Date
$
3.
Disbursements Previously Requested
$
4.
Amount Requested for Disbursement
(Line 2 minus Line 3)
$
** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: **
Florida Department of Environmental Protection
Bureau of Water Facilities Funding MS 3505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. LP0337, Attachment C, Page 1 of3
Grant Manager's Certification
of Disbursement Request
I,
(name of Grant Manager designated in the Agreement)
on behalf of
, do hcreby certify that:
(name of GranteelRecipient)
1. The disbursement amount requested on page 1 of this form is for allowable costs for the Project described in the
Agreement.
2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been
satisfactorily purchased, performed or received, and applied toward complcting the project; such costs arc
documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records.
3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the Project,
and the Grantee is in compliance with all tenns or provisions of the contracts.
4. All funds received to date undcr the Agreement have been applied toward completing the project.
5. All permits and approvals required for the construction which is underway have been obtained.
( Signature of Grant Manager)
(Date)
DEP Agreement No. LP0337, Attachment C, Page 2 of3
Engineer's Certification
of Disbursement Request
I,
, being the Professional Engineer retained by
(name of Professional Engineer)
, am responsible for overseeing construction of the
(name of GranteeIRecipient)
project described in the Agreement and do hereby certify that:
1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased
or received and applied to the project in accordance with construction contract documents submitted to the
Department of Environmental Protection's Bureau of Water Facilities Funding;
2. Payment is in accordance with construction contract provisions;
3. Adequate construction supervision is being provided to assure compliance with construction requirements and
Florida Administrative CodeRuJe 62-600 or Rule 62-604, as appropriate;
4. Construction up to the point of this disbursement is in compliance with the contract documents;
5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all
change orders have been submitted to the Department of Environmental Protection's Bureau of Water Facilities
Funding Department; and
6. All additions or deletions to the Project which have altered the performance standards, scope, or purpose and any
changes in State or Federal funding (since the effective date of the Agreement) have been identified in writing to the
Department or are identified on the attachment hereto. (Attachment included: Yes 0 No D)
Signature of Professional Engineer
Firm or Affiliation
(Date)
(P.E. Number)
DEP Agreement No. LP033?, Attachment C, Page 300
EXHIBIT B
Grant Application Information and Scope of Work
Appendix E
01/02/032:33 PM
Line Item 176SA Fixed Capital Outlay
Keys Wastewater Management Plan Implementation
Monroe County: North Key Largo Project
Activit\' Outline and ReQuired Documentation
A. Ex.ecutive summary:
1 . Proposed facilities and, for wastewater management, performance requirements.
Construction of a local collection and transmission vacuum system to serve 266
single family homes currently on septic tanks or cess pits in the Ocean Reef area of
North Key Largo. The cost of the Project is approximately $4 million and has been
designed, advertised, bid. and a contract awarded pursuant to a Joint Project
Agreement between the Florida Keys Aqueduct Authority (UFKAA") and North Key
Largo Ctility Corp. (ul\KLU"). The contract was awarded to United Enginceling
Corp. with construction commencing 011 May I. 2002. and to be completed by
December 31,2002. The vacuum system will be constructed through equipment
vendor AirVac Inc., in conjunction with the FKAA's water line replacement project
in North Key Largo. Wastewater treatment and disposal service .to be provided by
NKL'C tluough its ex.isting .55MGD plant. Grant funding will be used to directly
reimhurse homeowners for a portion of the Project cost.
.., Procurement approach (design-bid-build V5. dcsign/build and negotiated site acquisition
vs. condemnation)
In conjunction with FKAA's water distribution and transmiSSion replacement
program in the l'\orth Key Largo area. the Authority has entered into an Interlocal
Agreement with the wastewater service provider, NKLU, to construct a 10caJ
collection and transmission system to connect 266 homes to central wastewater
service which are currently served by septic tanks or cess pits. The lnterlocal
Agreement provides that l\KLU through its consulting engineer. Boyle Engineering
Inc., prepared the design plans and tedmical specifications for the collection system.
The plans and specs were incorporated into the FKAA advertising and bid packages
in accordance with FKAA purchasing policies. The contractor. Cnited Engineering
Corp.. was then selected pursuant to those policies
3 Project sponsor (local government applying for funding)
Monroe County
4. Contact person and project manager
Jim Roberts - Monroe COW1ty
Jack Teague - FKAA
Paul Winkeljohn - l\KLC
5~WasteWatersefVicearea-or storrnv.'atet-dtalnage area--------
~orth Key Largo
6. Costs
Page 1 of 5
Total project cost of approximately S3,900.000
7. Sources of funds and anticipated amounts
Initial funding is $3.900.000 line of credit from Bank of America. N.A. to be repaid
by residents receiving service through a collection system charge and plant capacity
charge.
R. Project implementation plan:
I . Participating organizations and responsibilities
Florida Keys Aqueduct Authority - Project Manager
Monroe County - Grant Funding
Korth Key Largo Utility Corp. - Treatment and disposal service provider
2. Key personnel assigned
lack Teague - FKAA
Paul Winkeljohn - KKLC
3. Description of the technical. managerial. financial, and legal services that will be
provided by the participating organizations and those that wi 11 be provided under
"external" service agreements
The FKAA provides the following services:
Existing aerial and topographic surveys of the Project Area to be used for the water
and wastewater system improvements.
Include trench compaction. irrigation. telephone and electrical system restoration and
temporcuy pavement restoration in the system improvement design plans.
specifications and bid form.
Coordinate the design elTorts of the engineering firm. One set of design drav.;ngs
were produced which included water and wastewater contracts and specifications.
Water and wastewater improvements were bid separately with the lowest qualified
bid as the basis for bid award.
Advertise project for bids in accordance with FKAA purchasing policy. Coordinate a
mandatory pre-bid conference, receive and open bids. Submit the sewer and
irrigation bids to the KKLU for review.
Participate. 011 an equitable pro-rata basis. in the cost of all p~rmanent roadway and
landscape restoration for water and wastewater project. Restoration shall include
both the street right of way and any private property disturbed.
Require the engineer to maintain complete and accurate construction and "As-Built"
record drawings and forward two (2) copies of the certified record.
)JKLUC provides the following services:
Page: :2 of 5>
Prepare complete design plans and technical specifications and obtain all nccessaJ"v
pcnnits for the installation of sanitary sewerage improvements, irrigatlon piping and
drainage structures for the project.
Review the bids accepted by FKAA, negotiate with the contractor submitting the
lowest qualified bid.
Participate, 011 an equitable pro-rata basis. in the cost of all permanent roadway and
landscape restoration for each project. Restoration shall include both the street right
of way and any private property disturbed as a result of sewer and irrigation line
installation.
Panicipate on an equitable basis and pay to the engineering firm its share of the costs
of COOrdination., construction management, inspection and testing.
To coordinate the public information effon to supply advance technical infonnation
and schedules to residents and property owners affected by the project.
Pay for the costs of construction of the wastewater and irrigation improvements as set
forth in the bid docwnems upon a schedule consistent with contractor's draw
schedule of requisition for payment and obtain reimbursement. from benefited
property owners.
C. Project schedule identifying dates for completing:
1 . Planning
a. Documentation of masterplan consistency
Currently available - Master Plan expressly identified 266 septic tanks and
cess pits as part of a County wide program at Appendix F-J-G.
b. Revenue generation system (charges. fees, and assessments) for the recovery of
capital costs and opcrcttionlmaintenance costs (including legal authorization such as
rule adoption) with explanation of any features for accommodating financially
distressed customers
Revenue generation system in place with plant capacity charges and collection
system cost estimates to be paid by residents up front or over a five year
payment schedule. Operation and maintenance costs will he paid from
monthly service rates also currently in place.
c. Public notice and public panicipauon in project decisions
2001 Inter-local Agreement between NKLU and FKAA for joint project
participation was approved by tht: FKAA Board of Directors on April 18,
2001. at which time an opportunity for public comment was provided. On
February 16,2001 NKLU held a public meeting for affected homeowners.
"') Procmemcnt of professional services (engineering, surveying. environmental, legal.
. ..--..----.--.-fiscal-;-asClppropriate)--~------~----
On _May 14, 200] a contract for engineering services was entered into with
Boyle Engineering. Inc.
Page 3 of S
On April 18. 2002 an Interlocal Agreement between NKLU and FKAA for
jOint project panicipation in the construction of the Project was entered into.
On April 30, 2002 a Vacuum Sewer System Agreement was entered into with
AirVac. 1m:., for the Project.
On April 30, 2002 a construction contract with Cnited Engineering Corp. was
entered into for construction of the collection and transmission system.
Various subcontractors may be involved in providing project services.
3. Conceptual design (design/build) or detailed design (design-bid-build)
Detailed design plans completed.
4. Acquiring sufficient interest in sites
a. Treatment facilities (if any)
NKLU owns its treatment plant site.
b. Effluent reuse/disposal or storm water detention/disposal sites
Effluent disposal is provided through shallow well injection.
c. Injection, pwnp, or vacuwn equipment
d. Transmission (including Slorm sewer or wastewater collection system easements)
Vacuum system collection and transmission lines are located in dcdicated
rights-of-way. Vacuum pwnp station is located on property owned by NKLli.
5. Construction or designlbuild procurement:
a. Advertisement for bids or request for proposals
Completed
b. Receipt of bids/proposals
Completed
c. Completion of bid/proposal evaluatIOn
Completed
d. Contract execution
Completed
o. Permitting activities (Monroe County or other local government. Water Management
District, Corps of Engineers, Department of Tra."1sportation. Department of
Environmental Protection. and Department of Health)
Cumpleted
Pag~ 4 uf 5
7. Other federal agency approvals (Federal Emergency Management Agency and C.S.
Environmental Protection Agency)
Not applicable
8. Construction
a. Notice to proceed
Completed
b. Initiate consln1ction
Completed
c. Facilities start-up
Estimated October 31, 2002
d. Complete construction
December 31. 2002
D. Local authorization to execute funding agreement with Department of Environmental Protection
Resolution dated June 20, 2002 by Board of County Commissioners, Monroe County
authorizing grant funding
E. Agreement deliverables
1. Quarterly progress reports
2. Documentation of revenue generation system
3. E vidence of public participation
4. Site availability certification
5. Request for proposals or plans and specificatlons
6. Construction or designlbuild contract award recommendations
7. Disbursement requests
8. Evidence of collection of fees, charges. and assessments
9. Certification of operability
~onhkey\07\Keys Requirements Outline Reviscd080902.doc
Page 5 of 5