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Item B11 Marine Resources BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 22 November 2000 Division: Growth Management Bulk Item: Yes _X_ No Department: Marine Resources AGENDA ITEM WORDING: Approval to advertise a Request for Statements of Qualification to complete a Canal Study which assesses the ability to improve water quality in Keys' Canals. ITEM BACKGROUND: Objective 202.14 of the Monroe County comprehensive Plan requires that the County will undertake and complete a study to assess the possibility of using aeration devises, weed restriction devises, backfilling, and the opening of dead end or plugged canals to improve water quality Keys' canals. The Florida Department of Community Affairs (DCA) has provided $175,000 in a recent contract to undertake this study. Upon Receipt of the Responses, a Review Committee, made up of staff and individuals from agencies such as EPA, FDEP, and FDCA, will review all Responses, rank them, and provide a recommendation to the BOCC. Staff would then anticipate entering into contract negotiations with the chosen firm in order to bring a contract back to the BOCC at a later meeting. PREVIOUS RELEVANT BOARD ACTION: Approval of a DCA contract to fund a Canal Study, in the amount of $175,000. STAFF RECOMMENDATION: Approval TOTAL COST: _$175,000 BUDGETED: Yes _X_ No 'COST TO COUNTY: _None APPROVED BY: County Attorney _ DEPARTMENT DIRECTOR APPROVAL: Geo DIVISION DIRECTOR APPROVAL: / Timothy McGarry, DOCUMENTATION: Included...x.. To follow DISPOSITION: N equired_ Agenda Item #: ~ BCOO1l20 10124100 9:34 AM County of Monroe DeDartment of Marine Resources 2798 Overseas Highway. Suite 420 Marathon. Horida 33050 Voice: (305) 289 2507 FAX: (305) 289 2544 or 2536 Email: garrettg@mai1.state.fl.us Board of County Commissioners Mayor Shirley Freeman, Dist. 3 Mayor Pro Tern George Neugent, Dist. 2 Commissioner Wilhelmina Harvey, Dist. 1 Commissioner Nora Williams, Dist. 4 Commissioner Mary Kay Reich, Dist 5 1 November, 2000 To Perspective Respondents: RE: Request for Statement of Qualification (RSQ) for the - "TO PREPARE A COMPREHENSIVE MASTER PLAN ADDRESSING METHODS OF IMPROVING WATER QUALITY IN RESIDENTIAL CANALS IN THE FLORIDA KEYS" We are pleased that you have shown an interest in Monroe County's efforts to complete a Comprehensive Canal Study. This project will help the County understand the problems and potential solutions related to improving water quality in our Florida Keys canal systems. We feel that the opportunities presented to potential submittees are unique and special, as the Keys are an Area of Critical State Concern, surrounded by "Outstanding Florida Waters" and the Florida Keys National Marine Sanctuary. Our target respondents are academic institutions, environmental consulting, and engineering firms. The County is seeking well qualified and objective groups that have the ability to complete a general inventory of Keys canal and enclosed water bodies, assess innate hydrodynamic, structural, environmental, and meteorological components and provide solutions to typical water quality problems in these areas, in context with existing environmental law . The RSQ Review Committee and the Board of County Commissioners looks forward to your participation in this effort. Attached for your review are: Notice of Request for Statements of Qualifications; Specifications for Statements of Qualifications; and Review Criteria Approximate Project Schedule Relevant Monroe County Goals, Objectives, and Policies. As you are aware, Requests for Statements of Qualification were made available on ?? BCOO1121 10131/00 6:00 PM December 2000. Responses must be submitted no later than 5:00 PM, 8 January 2001. The County has put together a Statement of Qualifications Review Committee made up of many of the individuals who have routinely assessed water quality issues in the Florida Keys; the Florida Keys National Marine Sanctuary Staff, the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, the Florida Department of Community Affairs, the Florida Department of Health, the County, and noted scientists. Responses will be opened officially on 9 January 2001. The RSQ Review Committee will meet as soon after that as possible to begin a review of Statements of Qualification. Review will be completed by the end of the month of January 2001 and a recommendation will be made to the Monroe County Board of Commissioners at its 22 February 2001 meeting. A contract for services will be negotiated and be presented before the BOCC at its 22 March 2001 meeting. The project would begin approximately 1 April 2001. We look forward to your response and to your interest in improving our understanding of water quality issues in the Florida Keys. Sincerely, George S. Garrett Director of Marine Resources 2 NOTICE OF A REQUEST FOR QUALIFICATIONS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on 9 January 2001 at 3:00 PM, at the office of the Director of Purchasing, a committee consisting of the Director of Purchasing, the County Administrator, the County Attorney, and the Director of Marine Resources, or their designees, will open sealed Statements of Qualification for the following: "TO PREPARE A COMPREHENSIVE MASTER PLAN ADDRESSING METHODS OF IMPROVING WATER QUALITY IN RESIDENTIAL CANALS IN THE FLORIDA KEYS" All Statements of Qualification must be received by the Purchasing Office, 5100 College Road, Public Service Building, Cross Wing, Room #002, Stock Island, Key West, Florida, 33040 on or before 5:00 PM on 8 January 2001. A Review Committee will consider all statements of Qualification. The Committee rank each Statement and will develop a list of prioritized rankings. Based on the Review and prioritized rankings, a recommendation of the lead RSQ respondent will be made to the Board of County Commissioners. However, an assessment of all Statements of Qualification, including the recommendations of the County Administrator and the requesting Department Head, will be presented to the Board of Commissioners of Monroe County, Florida, for the final awarding or otherwise. The Board will automatically reject the Statement of Qualification of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Section 287.113 (3) (d), Florida Statutes (1989). All submittees must provide two (2) complete originals and five (5) complete copies of each Statement of Qualification in a sealed envelope marked on the outside, "A COMPREHENSIVE MASTER PLAN ADDRESSING METHODS OF IMPROVING WATER QUALITY IN RESIDENTIAL CANALS IN THE FLORIDA KEYS." All Statements of Qualification must remain valid for a period of ninety (90) days. 3 Specifications and/or further information may be obtained by contacting George Garrett, Director, Department of Marine Resources, 2798 Overseas Highway, Suite 420, Marathon, Florida 33050, Voice: (305) 289 2507, FAX: (305) 289 2536 The Board of Count Commissioners reserves the right to reject any and all Statements of Qualification, to waive informalities in any or all Statements of Qualification, and to re-advertise for Statements of Qualification. The Board also reserves the right to separately accept or reject any item or items of a Statement of Qualification and to award and/or negotiate a contract in the best interest of the County. Dated at Key West, Florida, this 27th day of November , 2000. Jennifer Hill, Director Office of Management and Budget Monroe County, Florida 4 REOUEST FOR STATEMENTS OF OUALIFICA TION TO PREPARE A COMPREHENSIVE MASTER PLAN ADDRESSING METHODS OF IMPROVING WATER QUALITY IN RESIDENTIAL CANALS IN THE FLORIDA KEYS PURPOSE The purpose of this Request for Proposals is to fulfill Objectives 202.14 and 202.15 of Monroe County's Comprehensive Plan and Strategy W.1O of the Water Quality Protection Program Document for the Florida Keys National Marine Sanctuary (EPA, 1996) which address an evaluation of methods of improvements to water quality in residential canal systems (open and plugged) in the Florida Keys. Completion of this project will result in the development of a comprehensive management plan to improve water quality of canal systems in the Florida Keys. BACKGROUND During the early years of development in the Florida Keys, the attractiveness of waterfront development prompted the creation of "fast land" through dredging and filling of mangrove forests, seagrass beds, and open water to construct networks of finger-fill residential canals. More than 200 canals and access channels were dredged during that period (FDER, 1987). Many canals were dug 10- to 20-feet deep to maximize production of fill material excavated from the canal, and most canal systems were designed as long, dead-end networks to maximize waterfront property. These long dead-end canal systems exhibit little or no tidal flushing at their upper ends. Studies performed on canal systems throughout the State during the 1950's to early 1970's determined that excavating artificial canals resulted in the creation of waters that exhibited significant water quality and biological degradation within the canals themselves and in waters adjacent to canals. Deep, narrow, box-cut canals with dead-end configurations gradually accumulate oxygen-demanding and toxic sediments and organic wastes, causing low dissolved oxygen, objectionable odors, floating sludge, fish kills, and anaerobic and putrid conditions (Barada and Partington, 1972). In 1972, during the peak of finger fill canal construction in the Keys, the Florida Department of Pollution Control (FDPC) issued a dredge and fill moratorium halting all canal construction in the Keys until completion of a study to assess the effects of canal development on marine habitats. Ten canal systems in the Keys were studied by FDPC (1973). Depressed dissolved oxygen levels were frequently encountered in all canals. The average concentration of oxygen at the bottom of canals was less than 4.0 mgll (State standard) and often less than 1.0 mgll. Long term conditions of low oxygen resulted in the growth of anaerobic bacteria that produce hydrogen sulfide which is toxic to marine life. Most canal systems studied had reduced numbers of animal species and densities compared to reference sites. At the conclusion of the study, the moratorium on dredge and fill operations was lifted provided strong enforcement measures were taken for violators of turbidity and other water quality parameters. In addition, water exchange and circulation of future canal systems would be critically examined. The FDPC study and its recommendations effectively stopped 5 construction of additional finger-fill residential canal systems in the Keys. In addition, because of the stringent regulatory requirements, several constructed canal systems were plugged or were not allowed to be opened to adjacent waters after construction. Subsequent studies in the Keys (EPA, 1975; FDER, 1985, 1987, 1990; Florida Bay Watch Program, 1997, 1998, 1999) have determined that water quality in canals is degraded due to addition of nutrients from poorly treated wastewater and stormwater from adjacent developments. In addition, the physical orientation of some canals results in an accumulation of organic debris, including floating seagrass and algae. That loading rapidly strips canal waters of oxygen. Recent work has determined that wastewater from poorly functional onsite wastewater treatment systems rapidly enters surface waters of canal (paul et aI., 1995, 1997) and may be a human health risk due to viral contamination (Rose et al., in press). Degraded canal waters results in deterioration of the environmental quality of receiving waters which may result in dysfunction of adjacent communities (Lapointe and Clark, 1992; Lapointe, Tomasko, and Matzie, 1994; Lapointe and Matzie, 1996, 1997). OBJECTIVES This Request for Proposals must address three main objectives: 1. Provide an inventory and physical description of all canal systems in the Keys, including open canals and plugged canal systems. Description should include configuration of canal systems, depth profiles, density of development, and a summary of available water quality data for each canal system. 2. Provide a thorough examination and discussion of the feasibility and costs to improve water quality in unplugged canal systems, including an analysis of methods and costs to upgrade wastewater treatment and disposal systems, backfilling canals, flushing channels, installation, maintenance and effectiveness of aeration devices, stormwater controls, weed gates, and other factors. Provide a ranking of all existing open canal systems based upon feasibility, costs, probability of success of improving water quality with physical improvements. 3. Conduct a demonstration project on a canal system that was recently unplugged (Sunset Acres) to determine if water quality in the canal system has improved since the plug has been removed. This study should also include an analysis of whether adjacent surface waters have been degraded as a result of plug removal. Completion of this objective may require taking additional water quality samples in the canal system and adjacent waters. Completion of this objective will include recommendations of additional improvements required to improve water quality of that canal system and a comprehensive evaluation of all factors to be considered before determining the feasibility of removing the plug of any currently plugged canal system. Analysis should also include potential impacts that may result from increased development that may occur in canals after removal of plugs. These impacts may include additional wastewater and storm water input and pollutant discharges from increased boating activities. 6 Responses to Request for Qualifications Review Criteria The Review Committee will meet to consider each response to the Request for Statements of Qualification. The Committee will rank each firm based on the following list of criteria Depending on the level of response, the number of questions raised during the review, the diversity of responses, and how closely the responses are ranked, the Review Committee may elect to request that top ranked or all firms make a brief presentation of their Statement of Qualification and project approach. This is not an absolute, but gives the Review Committee flexibility in their decision making process. The following is a list of criteria (areas of interest) which the Committee will use to focus its attention on the Responses. Actual weights and scores will be developed in the Committees first meeting. . Professional Qualifications - Background in environmental engineering, hydrology, water quality monitoring . Extent to which the Response addresses the three objective areas of the RSQ . Extent to which the respondent has looked at similar problems elsewhere. . Extent to which the respondent can demonstrate previous efforts to assess and improve water quality in similarly confined waters in Florida or elsewhere, by physical, structural, biological, chemical, or other means. . Extent to which the methods and approach to data collection and assessment can lead to implementable strategies for improving water quality in Keys' canals in the future. . Extent to which the respondent has legitimately considered the regulator climate within which proposed solutions would have to be carried out. 7 Project Approximate Review and completion Schedule 27 December 2000 Notification of Request for Statements of Qualification 8 January 2000 Responses to RSQ due 9 January 2000 Responses to RSQ officially opened 9 January/2 February 2000 Review Committee will review Responses 22 February 2000 Board of County Commissioners to consider recommendations of the Review Committee and request that the staff enter into contract negotiations with the chosen respondent 22 February/2 March 2000 Contract negotiation with chosen respondent 22 March 2000 Contract with chosen respondent approved 1 April/l April 2001 Project initiated and completed 1 June 2001 Project complete - all final reports and recommendations complete. 8 Monroe County Comprehensive Plan Goals, Objectives, and Policies 12 July 1997 GOAL 202 - Coastal Element The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, bays, lakes and tidal streams,) and associated marine resources shall be maintained and, where possible, enhanced. [9J-5.012(3)(a); 9J-5.013(2)(a)] Obiective 202.14 By September 30, 1993, Monroe County shall make a determination as to the appropriate use of aerators, backfilling, the opening of dead end canals, and the utilization of weed restriction devices as a means of improving water quality in canal systems and shall request, if appropriate, a special rule for the Florida Keys pertaining to the use of same. [9J-5.012(3)(b)I,2 and 3; 9J-5.013(2)(b)2] Policy 202.14.1 Monroe County shall work cooperatively with DER and the ACOE to identify the water quality and permitting issues related to the use of aerators, backfilling, the opening of dead end canals, and utilization of weed restriction devices in canal systems. [9J-5.012(3) (c)I,2,3 and 8; 9J-5.013(2)(c)1 and 6] Policy 202.14.2 Monroe County shall support an independent research study through a university or other impartial research foundation designed to determine the possible applications and impacts of aeration, backfilling, the opening of dead end canals, and utilization of weed restriction devices in canal systems in the Florida Keys. [9J-5.012(3)(c)I,2,3 and 8; 9J-5.013(2)(c)1 and 6] Policy 202.14.3 Monroe County shall, if deemed appropriate after study of water quality issues, request consideration of a special rule for the Florida Keys pertaining to the use of aerators, backfilling, the opening of dead end canals, and utilization of weed restriction devices in canal systems. [9J-5.012(3)(c)I,2,3 and 8; 9J-5.013(2)(c)1 and 6] Obiective 202.15 By September 30, 1993, Monroe County shall make a determination as to the water quality impacts associated with unplugging residential canals and shall request, if appropriate, a special rule for the Florida Keys pertaining to opening of canal plugs. [9J- 5.012(3)(b)I,2 and 3; 9J-5.013(2)(b)2] 9 Policy 202.15.1 Monroe County shall work cooperatively with DER and the ACOE to identify the water quality and permitting issues related to the unplugging of residential canals. [9J-5.012(3)(c)I,2,3 and 8; 9J-5.013(2)(c)1 and 6] Policy 202.15.2 Monroe County shall, if deemed appropriate after study of water quality issues, request consideration of a special rule for the Florida Keys pertaining to the opening of plugged, residential canals. [9J-5.012(3)(c)I,2,3 and 8; 9J- 5.013(2)(c)1 and 6] 10 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Date 11 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of petjury, depose and say that; 1) I am , the bidder making the Proposal for the project described as follows: "TO PREPARE A COMPREHENSIVE MASTER PLAN ADDRESSING METHODS OF IMPROVING WATER QUALITY IN RESIDENTIAL CANALS IN THE FLORIDA KEYS" 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATE OF (Signature of Bidder) COUNTY OF DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of ,20 My commission expires: NOTARYPUBUC 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETIllCS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, 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. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of ,20_. My commission expires: NOTARYPUBUC 13 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. " 14