Item C08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17, 2008
Division: Engineering
Bulk Item: Yes X
No
Department: Engineering
Staff Contact !Phone #: Dave Koppel X4427
AGENDA ITEM WORDING: Approval to execute the Local Governmental Agreement between
South Florida Water Management District (SFWMD) and Monroe County to provide $500,000
funding for stormwater management projects.
ITEM BACKGROUND: Monroe County's Stormwater Management Master Plan (SMMP) provides
specific recommendations for a number of stormwater projects, and outlines general recommendations
relating to County rights-of-way. As a result, the Board of County Commissioners passed Resolution
No. 501-2001, which requires all future work on County rights-of-way to include stormwater
improvements where practical and feasible. In addition, Monroe County has adopted a stormwater
ordinance for the purpose of regulating water quality and water quantity for new development. South
Florida Water Management District is providing a grant to help fund three stormwater projects.
Monroe County will provide matching funds in the amount of $500,000.
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: approval as stated above
TOTAL COST:
$1,000,000
BUDGETED: Yes X No
COST TO COUNTY: $500,000
SOURCE OF FUNDS: Fund 304, Fund 102
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTA TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
SFWMD
Contract #_
Effective Date:
Expiration Date:
4600001593
December 2008
June 30, 2009
Contract Manager: David Koppel
(Name)
4427
(Ext. )
for BOCC meeting on December If,
2008
Agenda Deadline: December 2, 2008
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,000,000
Budgeted? YesrsJ No D Account Codes:
Grant: $ 500,000
County Match: $ 500,000
Current Year Portion: $ 500,000
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
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Changes
Needed
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Comments:
OMB Form Revised 2/27/01 Mep #2
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600001593
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
MONROE COUNTY
THIS AGREEMENT is entered into as of the by and between
the South Florida Water Management District (DISTRICT) and Monroe County (COUNTY).
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by
the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373,
Florida Statutes, to include entering into contracts with public agencies, private corporations or
other persons; and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for
the construction of stormwater management systems at nine sites; and
WHEREAS, the COUNTY warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms and conditions of this
AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT at its December 02, 2008 meeting,
approved entering into this AGREEMENT with the COUNTY;
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the
work set forth in Exhibit "A" attached hereto and made a part hereof, subject to
availability of funds and in accordance with their respective authorities (1) to construct
swales, ex filtration trenches and/or injection wells at Big Pine Key Fire Station No. 13,
Conch Key Fire Station No. 17, Rockland Key Public Works Facility, South Lower Keys
Regional Wastewater Treatment Plant (SLKWWTP), Key Largo Regional Wastewater
Treatment Plant (KLRWWTP), and the Duck Key Wastewater Treatment Plant; (2) to
construct a stormwater management system along Key Deer Boulevard, at the Plantation
Key Fuel Facility, and the Key Largo Fuel Facility.
Agreement No. 4600001593, Page 1 of7
2. The period of performance of this AGREEMENT shall commence on the date of
execution ofthis AGREEMENT and shall continue for a period of Eight 8) Months.
3. The total DISTRICT contribution shall not exceed the amount of Five Hundred
Thousand Dollars and No Cents ($500,000.00). The DISTRICT will provide the full
amount based on the Payment and Deliverable Schedule set forth in Exhibit "B", which is
attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution
is subject to adequate documentation to support actual expenditures within the not-to-
exceed AGREEMENT funding limitation of $500,000.00. In no event shall the
DISTRICT be liable for any contribution hereunder in excess of this amount. If the
total consideration for this AGREEMENT is subject to multi-year funding allocations,
funding for each applicable fiscal year of this AGREEMENT will be subject to
Governing Board budgetary appropriation. In the event the DISTRICT does not approve
funding for any subsequent fiscal year, this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing
after the adoption of the final DISTRICT budget for each subsequent fiscal year if
funding is not approved for this AGREEMENT.
4. The COUNTY shall submit quarterly flllancial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The COUNTY shall report and document the amount of funds
expended per month during the quarterly reporting period and the AGREEMENT
expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total approximate amount of Five Hundred
Thousand Dollars and No Cents ($500,000.00} in conformity with the laws and
regulations governing the COUNTY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A",
Statement of Work, which is attached hereto and made a part of this AGREEMENT.
The COUNTY shall submit quarterly progress reports detailing the status of work to date
for each task. The work specified in Exhibit "A" shall be under the direction of the
COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized
through execution of an amendment to cover succeeding periods.
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
COUNTY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The COUNTY 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 COUNTY that the DISTRICT shall
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract(s).
Agreement No. 4600001593, Page 2 on
8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work
items, including but not limited to, all documents, technical reports, research notes,
scientific data, computer programs, including the source and object code, which are
developed, created or othelWise originated hereunder by the other party, its
subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A",
Statement of Work. Both parties' rights to deliverables received under this
AGREEMENT shall include the unrestricted and perpetual right to use, reproduce,
modify and distribute such deliverables at no additional cost to the other party.
Notwithstanding the foregoing, ownership of all equipment and hardware purchased by
the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all
ownership to tangible property.
9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal
injury, bodily injury and property damage attributable to negligent acts or omissions of
the COUNTY and the officers, employees, servants and agents thereof. The COUNTY
represents that it is self-funded for Worker's Compensation and liability insurance,
covering bodily injury, personal injury and property damage, with such protection being
applicable to the COUNTY, its officers and employees while acting within the scope of
their employment during performance of under this AGREEMENT. In the event that
the COUNTY subcontracts any part or all of the work hereunder to any third party, the
COUNTY shall require each and every subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as required by the COUNTY. Any contract
awarded by the COUNTY shall include a provision whereby the COUNTY's
subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless
from all damages arising in connection with the COUNTY's subcontract.
10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either party any remedy or defense available to
such party under the laws of the State of Florida; (2) the consent of the State of Florida or
its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of
Florida beyond the waiver provided in Section 768.28, Florida Statutes.
11. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties. Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent entities, between the
DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or
after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or othelWise transfer their rights and obligations as set forth in this
AGREEMENT without the prior written consent of the other parties. Any attempted
assignment in violation of this provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the
grounds of race, color, creed, national origin, handicap, age or sex, from participation in,
denied the benefits of, or be othelWise subjected to discrimination in any activity under
this AGREEMENT.
13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable
federal, state and local laws and regulations relating to the performance of this
AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but
Agreement No. 4600001593, Page 3 of7
will attempt to advise the COUNTY, upon request, as to any such laws of which it has
present knowledge.
14. Either party may terminate this AGREEMENT at any time for convenience upon thirty
(30) calendar days prior written notice to the other party. In the event of termination, all
funds not expended by the COUNTY for authorized work performed through the
termination date shall be returned to the DISTRICT within sixty (60) days of
termination.
15. The COUNTY shall allow public access to all project doclUllents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY
assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or other relief as provided by law, shall
be upon the COUNTY.
16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit
rights below. The COUNTY shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including supporting documentation for any service
rates, expenses, research or reports. Such records shall be maintained and made available
for inspection for a period of five (5) years from the expiration date of this
AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this AGREEMENT. Such examination may be
made only within five (5) years from the expiration date of this AGREEMENT.
C. Extended Availability of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, the COUNTY shall extend the period of
maintenance for all records relating to the AGREEMENT until the final disposition of
the legal dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph #16
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the COUNTY as set forth in Exhibit "C", The COUNTY shall maintain all
financiaVnon-financial records through:
(1) Identification of the state or federal awarding county, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSF A) or the Catalog of Federal Financial Assistance (CFDA), as applicable
Agreement No. 4600001593, Page 4 on
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief
Financial Officer and rules of the Auditor General and the State Projects Compliance
Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws
and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed
per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding
county, the state's
Chief Financial Officer and the state's Auditor General and/or federal awarding county
shall have the right to examine the COUNTY's financial and non-financial records to the
extent necessary to monitor the COUNTY's use of state or federal financial assistance
and to determine whether timely and appropriate corrective actions have been taken with
respect to audit findings and recommendations which may include on site visits and
limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded to the attention of the following individuals:
South Florida Water Management District
Monroe County
Attn: Thomas Genovese, Director
Telephone No. (305) 853-3219
Attn: Judith S. Clarke, P.E.
Assistant County Engineer
Telephone No. (305) 295-4329
Attn: Rupert Giroux, Contract Specialist
Telephone No. (561) 682-2532
Address:
1100 Simonton Street
Key West, FL 33040
Address:
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 33416-4680
Invoices shall be sent to the attention of Accounts Payable at the District's address above.
19. COUNTY recognizes that any representations, statements or negotiations made by
DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship
unless they have been reduced to writing and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the benefit of and shall be binding upon
the parties, their respective assigns, and successors in interest.
20. This AGREEMENT may be amended, extended or renewed only with the written
approval of the parties. The DISTRICT shall be responsible for initiating any
amendments to this AGREEMENT, if required.
21. This AGREEMENT, and any work performed hereunder, is subject to the Laws ofthe
State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform
beyond their respective authority, nor does this AGREEMENT alter the legal rights and
remedies which the respective parties would otherwise have, under law or at equity.
Agreement No. 4600001593, Page 5 of7
22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, county or circumstance during the term hereof, by
force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and in full force and effect to the extent
permitted by law.
23. Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations
strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective
unless in writing and signed by the party against whom enforcement is sought. Such waiver
shall be limited to provisions of this AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision. No waiver shall constitute a
continuing waiver unless the writing states othetwise.
24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be
submitted jointly to the signatories of this AGREEMENT with each party agreeing to
seek in good faith to resolve the issue through negotiation or other forms of non-binding
alternative dispute resolution mutually acceptable to the parties. A joint decision of the
signatories, or their designees, shall be the disposition of such dispute.
25. This AGREEMENT states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations, statements, negotiations, or
agreements previously existing between the parties with respect to the subject matter of this
AGREEMENT.
26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 - 24
(b) Exhibit "A" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein by
reference
THIS SP ACE INTENTIONALLY LEFT BLANK.
Agreement No. 4600001593, Page 6 of7
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date fIrst written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Frank Hayden, Director of Procurement
SF;:n PROCUCENT;P~OVED
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Date: '\ \\ \ !> \ \~? 11 2;-
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MONROE COUNTY
By:
Title:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CL~-t;;, IJ~,:D J..tl+-~)(Jth, tA
CHRISTIN M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date J 11.;2'+ loB
I '
Agreement No. 4600001593, Page 7 of7
EXHIBIT "A"
STATEMENT OF WORK
Monroe County Stormwater Improvements Project
1.0 INTRODUCTION
Monroe County completed its Stormwater Management Master Plan (SMMP) in
the spring of 2001 and the Board of County Commissioners adopted the SMMP in
June of that year. The SMMP provides specific recommendations for a number
of projects and other general recommendations as it relates to County road
rights-of-way. As a result, the Board of County Commissioners passed
Resolution No. 501-2001, requiring that all future work on County rights-of-way
include stormwater improvements where practical and feasible. In addition,
Monroe County has adopted a stormwater ordinance for the purpose of
regulating water quality and water quantity for development; specifically 95% of
storm water must be retained and treated on-site.
This Agreement identifies the location for nine stormwater management projects
for Monroe County:
I. Big Pine Fire Station No. 13;
II. The Conch Key Fire Station No. 17;
III. Public Works Facility;
IV. Key Deer Boulevard;
V. South Lower Keys Regional Wastewater Treatment Plant (SLKWWTP);
VI. Key Largo Regional WWTP (KLRWWTP);
VII. Duck Key Wastewater Treatment Plant (WWTP);
VIII. Plantation Key Fuel Facility; and
IX. Key Largo Fuel Facility
The total cost to the District is $500,000.00 (Ad Valorem) of an estimated overall
project cost of $1,000,000.00.
2.0 SCOPE OF WORK
I. The County will construct a stormwater management system at the Big Pine
Fire Station No. 13 on Big Pine Key. The system will include the construction of
swales, exfiltration trenches and/or injection wells.
II. The County will construct a stormwater management system at the Conch
Key Fire Station No. 17 on Conch Key. The system will include the construction
of swales, exfiltration trenches and/or injection wells.
Page 1 of 10, Exhibit "A", Agreement 4600001593
III. The County will construct a storm water management system at the Public
Works Facility on Rockland Key. The system will include the construction of
swales, exfiltration trenches and/or injection wells.
IV. The County will construct a storm water management system along Key
Deer Boulevard. The system will include surface preparation, sodding, and initial
irrigation.
V. The County will construct storm water management systems at the
SLKWWTP. The system will include the construction of swales, exfiltration
trenches and/or injection wells.
VI. The County will construct storm water management systems at the
KLRWWTP. The system will include the construction of swales, exfiltration
trenches and/or injection wells.
VII. The County will construct storm water management systems at the Duck
Key WWTP. The system will include the construction of swales, exfiltration
trenches and/or injection wells.
VIII. The County will construct storm water management systems at the
Plantation Key Fuel Facility.
IX. The County will construct storm water management systems at the Key
Largo Fuel Facility.
3.0 WORK BREAKDOWN STRUCTURE
Task I. Bi9 Pine Fire Station No. 13
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches
and/or injection wells, grading and landscaping will be performed.
The COUNTY or its subcontractors will make site improvements in
accordance with standard engineering practices under the direction
of the County Engineer.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County
Engineer), site inspections of the project will be made prior to and
at project completion. The purpose of these inspections will be to
allow the DISTRICT to verify that the project is proceeding.
Page 2 of 10, Exhibit "A", Agreement 4600001593
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices
provided to the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRICT that the project is complete according to engineering
plans, will be a lump sum amount of $230,000.00 of which the
DISTRICT will fund $115,000.00.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the stormwater components. Said revisions
must be approved by the DISTRICT and be in general accord with the
purpose of the stormwater components of the project.
Task II. Conch Kev Fire Station No. 17
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches
and/or injection wells, grading and landscaping will be performed. The
COUNTY or its subcontractors will make site improvements in
accordance with standard engineering practices under the direction of
the County Engineer.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County
Engineer), site inspections of the project will be made prior to and at
project completion. The purpose of these inspections will be to allow
the DISTRICT to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRICT that the project is complete according to engineering plans,
Page 3 of 10, Exhibit "A", Agreement 4600001593
will be a lump sum amount of $120,000.00 of which the DISTRICT will
fund $60,000.00.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the storm water components. Said revisions
must be approved by the DISTRICT and be in general accord with the
purpose of the storm water components of the project.
Task III. Public Works Facilitv
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches
and/or injection wells, grading and landscaping will be performed. The
COUNTY or its subcontractors will make site improvements in
accordance with standard engineering practices under the direction of
the County Engineer.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County
Engineer), site inspections of the project will be made prior to and at
project completion. The purpose of these inspections will be to allow
the DISTRICT to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRICT that the project is complete according to engineering plans,
will be a lump sum amount of $280,700.00 of which the DISTRICT will
fund $140,350.00.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the storm water components. Said revisions
must be approved by the DISTRICT and be in general accord with the
purpose of the storm water components of the project.
Page 4 of 10, Exhibit "A", Agreement 4600001593
Task IV. Kev Deer Boulevard
A. Site Improvements
1. Sodding requires some site preparation, installation of sod, and
initial irrigation. The COUNTY or its subcontractors will make site
improvements in accordance with standard engineering practices under
the direction of the County Engineer.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County
Engineer), site inspections of the project will be made prior to and at
project completion. The purpose of these inspections will be to allow
the DISTRICT to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRICT that the project is complete according to engineering plans,
will be a lump sum amount of $35,000, of which the DISTRICT will fund
$17,500.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the storm water components. Said revisions
must be approved by the DISTRICT and be in general accord with the
purpose of the storm water components of the project.
Task V. SLKWWTP
A. Site Improvements
1. Construction of the storm water management system requires
excavation, grading, and installation of rip-rap. On behalf of Monroe
County, the Florida Keys Aqueduct Authority (FKAA) will manage site
improvements as permitted by the Florida Department of Environmental
Protection and District.
Page 5 of 10, Exhibit "A", Agreement 4600001593
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County
Engineer), site inspections of the project will be made prior to and at
project completion. The purpose of these inspections will be to allow
the DISTRICT to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRICT that the project is complete according to engineering plans,
will be a lump sum amount of $33,000, of which the DISTRICT will fund
$16,500.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the stormwater components. Said revisions
must be approved by the DISTRICT.
Task VI. KLRWWTP
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches
and/or injection wells, grading and landscaping will be performed. The
Key Largo Wastewater Treatment District will manage site
improvements as permitted by the Florida Department of Environmental
Protection and District.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County
Engineer), site inspections of the project will be made prior to and at
project completion. The purpose of these inspections will be to allow
the DISTRICT to verify that the project is proceeding.
Page 6 of 10, Exhibit "A", Agreement 4600001593
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRICT that the project is complete according to engineering plans,
will be a lump sum amount of $148,800 of which the DISTRICT will
fund $74,400.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the stormwater components. Said revisions
must be approved by the DISTRICT.
Task VII. Duck Kev WWTP
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches
and/or injection wells, grading and landscaping will be performed. The
FKAA will manage site improvements as permitted by the Florida
Department of Environmental Protection and District.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County
Engineer), site inspections of the project will be made prior to and at
project completion. The purpose of these inspections will be to allow
the DISTRICT to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRICT that the project is complete according to engineering plans,
Page 7 of 10, Exhibit "A", Agreement 4600001593
will be a lump sum amount of $62,500, of which the DISTRICT will fund
$31,250.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the stormwater components. Said revisions
must be approved by the DISTRICT.
Task VIII. Plantation Kev Fuel Facilitv
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches
and/or injection wells, grading and landscaping may be performed.
The COUNTY or its subcontractors will make site improvements in
accordance with standard engineering practices under the direction of
the County Engineer.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County
Engineer), site inspections of the project will be made prior to and at
project completion. The purpose of these inspections will be to allow
the DISTRICT to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRICT that the project is complete according to engineering plans,
will be a lump sum amount of $65,000.00 of which the DISTRICT will
fund $32,500.00.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the stormwater components. Said revisions
must be approved by the DISTRICT.
Page 8 of 10, Exhibit "A", Agreement 4600001593
Task IX. Kev LarQo Fuel Facility
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches
and/or injection wells, grading and landscaping will be performed. The
COUNTY or its subcontractors will make site improvements in
accordance with standard engineering practices under the direction of
the County Engineer.
B. Site Inspection
1. At times agreeable to the DISTRIcr and the COUNTY (County
Engineer), site inspections of the project will be made prior to and at
project completion. The purpose of these inspections will be to allow
the DISTRIcr to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRlcr that the project is complete according to engineering plans,
will be a lump sum amount of $25,000.00 of which the DISTRlcr will
fund $12,500.00.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the storm water components. Said revisions
must be approved by the DISTRlcr and be in general accord with the
purpose of the storm water components of the project.
4.0 LOCATION OF THE PROJECT
1. The location of the project described in Task I is at 390 Key Deer
Boulevard on Big Pine Key.
II. The location of the project described in Task II is at 10 South Conch
Avenue on Conch Key.
Page 9 of 10, Exhibit "A", Agreement 4600001593
III. The location of the project described in Task III is at 46 Conch Circle
on Rockland Key.
IV. The location of the project described in Task IV is Key Dear Boulevard
at mile marker 30.5.
V. The location of the project described in Task V is Rockland Key at mile
marker 8.5.
VI. The location of the project described in Task VI is Key Largo at mile
marker 100.5.
VII. The location of the project described in Task VII is Duck Key at mile
marker 61.5.
VIII. The location of the project described in Task VIII is Cudjoe Key at
Blimp Road mile marker 22.5.
Page 10 of 10, Exhibit "A", Agreement 4600001593
EXHIBIT "B"
PAYMENT AND DELIVERABLE SCHEDULE
If the total consideration for this agreement is subject to multi-year funding
allocations, funding for each applicable fiscal year of this agreement will be
subject to Governing Board budgetary appropriation. In the event the District
does not approve funding for any subsequent fiscal year, this agreement shall
terminate upon expenditure of the current funding, not withstanding other
provisions of this agreement to the contrary.
Task Task Description Deliverable Due Date Project SFWMD
No. Cost Not-to-
Exceed
I Bio Pine Fire Station Progress Report 12/15/08 $57,500 $28,750
Bio Pine Fire Station Progress Reoort 1/1/09 $57,500 $28,750
Bio Pine Fire Station Prooress Reoort 4/1/09 $57,500 $28,750
Biq Pine Fire Station Proqress Report 7/31/09 $57,500 $28,750
Subtotal: $230,000 $115,000
II Conch Key Fire Station Prooress Reoort 1/1/09 $30,000 $15,000
Conch Key Fire Station Proqress Report 4/1/09 $30,000 $15,000
Conch Key Fire Station Progress Report 6/1/09 $30,000 $15,000
Conch Key Fire Station Proqress Reoort 7/31/09 $30,000 $15,000
Sub-Total: 120,000 60,000
III Public Works Facility Proqress Reoort 1/1/09 $70,175 $35,087
Public Works Facility Progress Report 4/1/09 $70,175 $35,087
Public Works Facility Progress Report 6/1/09 $70,175 $35,087
Public Works Facility Progress Report 7/31/09 $70,175 $35,087
Sub-Total: $280,700 $140,350
IV Key Deer Blvd. Progress Report 1/1/09 17,500 8,750
Soddinq
Key Deer Blvd. Progress Report 4/1/09 17,500 8,750
Soddinq
Sub-Total: 35,000 17,500
V SLKWWTP Progress Report 1/1/09 $11,000 $5,500
SLKWWTP Progress Report 4/1/09 $11,000 $5,500
SLKWWTP Progress Report 7/31/09 $11,000 $5,500
Sub-Total: $33,000 $16,500
Page 1 of2, Exhibit "B", Agreement 4600001593
Task Task Description Deliverable Due Date Project SFWMD
No. Cost Not-to-
Exceed
VI KLWVVTP Progress Report 1/1/09 $37,200 $20,237.5
KLWVVTP Progress Report 4/1/09 $37,200 $20,237.5
KLWVVTP Progress Report 6/1/09 $37,200 $20,237.5
KLWVVTP Progress Report 7/31/09 $37,200 $20,237.5
Sub-Total: $148,800 $74,400
VII Duck Key WWTP Progress Report 4/1/09 $20,833 $10,416.67
Duck Key WWTP Progress Report 6/1/09 $20,833 $10,416.67
Duck Key WWTP Progress Report 7/31/09 $20,833 $10,416.67
Sub-Total: $62,500 $31,250
VIII Plantation Key Fuel Facility Progress Report 1/1/09 $16,250 $8,125
Plantation Key Fuel Facility Progress Report 4/1/09 $16,250 $8,125
Plantation Key Fuel Facility Progress Report 6/1/09 $16,250 $8,125
Plantation Key Fuel Facility Progress Report 7/31/09 $16,250 $8,125
Sub-Total: $65,000 $32,500
IX Key Largo Fuel Facility Progress Report 1/1/09 $6,250 $3,125
Key Largo Fuel Facility Progress Report 4/1/09 $6,250 $3,125
Key Largo Fuel Facility Progress Report 6/1/09 $6,250 $3,125
Key Largo Fuel Facility Progress Report 7/31/09 $6,250 $3,125
Sub-Total: 25,000 12,500
Total: $1,000,000 I $500,000
Page 2 of 2, Exhibit "B", Agreement 4600001593
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