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07/16/1997 Agreement 1Bannp 1... Itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATIiON, FLORIDA 33050 TEL (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Bob Hennan Director of Growth Management FROM: Attention: Isabel Reid, Sr. Staff Assistant Ruth Ann Jantzen p'. Deputy Clerk DATE: August 5, 1997 At the July 16, 1997 County Commission Meeting, the Board granted approval and authorized execution of a Contract between Monroe County and CH2MHILL, Inc., for the completion of the Monroe County Sanitary Wastewater Master Plan. Enclosed please find two fully executed duplicate originals of the above Amendment for your handling. H you have any questions regarding the above, please do not hesitate to contact this office. cc: County Attorney Finance County Administrator, w/o document File Monroe County Sanitary Wastewater Master Plan """1 5c~r= z ~ f'T1 -, Z 0 ~('"j:z ;e ;:Ti ;J:; -< ~ ~ n. ,.- J, X :::i n ' ~-- .. Z::CC~: ~ ~::2r:~ ~ g ~~ .,' ;.;., ::0 -",. 1'"~1 Executive Summary EXECUI'IVE SUMMARY FOR CONTRACT FOR TIlE MONROE COUNIY SANITARY WASTEWATER MASTER PLAN The Sanitary Wastewater Master Plan will implement Objective 901.4 of the Monroe County 2010 Comprehensive Plan. The implementation of this master plan will protect the water quality in the Florida Keys nearshore and confined waters through responsible management of wastewater within the island archipelago. This contract responds to the goals of the Comprehensive Plan, the immediate concerns expressed in the Governor's Executive Order 96-108, acts directly on the pending final adoption of (what rule) Rule 28-20.100, and will accomplish many of the goals of the Water Quality Protection Plan. The major goals of the Plan and objectives are to: . Reduce the wastewater nutrient load to ground, confined, and nearshore waters; . Improve the character of water quality and marine resources in the Florida Keys; . Eliminate all cesspools in the Florida Keys; . Assess the capability of all current individual on-site and small wastewater treatment systems to reduce the nutrient load in the Keys; . Explore and recommend, where justifiable and responsible, innovative approaches to wastewater treatment; . Complete a Sanitary Wastewater Master Plan which incorporates the appropriate mix of on-site, local, sub-regional, and regional approaches to managing wastewater treatment; . Minimize the cost to citizens for implementation of the Master Plan in terms of public bonding programs and personal loans by: . Identify funding sources for property owner upgrades to onsite disposal systems and for customers on central utility systems. . Assist in obtaining wastewater planning and construction grants through the State Legislature and Congress. In providing a comprehensive Sanitary Wastewater Master Plan for the Keys, Monroe County is considering a variety of issues that will determine the best course of action for each service area. The planning process incorporates technical information, input from the public, as well as the appropriate local, state, and federal agencies, and other considerations exposed by the planning process. The planning process will' serve as a framework for evaluation of wastewater management alternatives. This will enable Monroe County to select optimal strategies and act decisively towards a cost effective and ecologically sound plan. The contract scope of work is broken into twenty-one (21) tasks, the first of which is the decision making; process. Task II is the public outreach portion of the plan. Tasks III through XX are the technical portions of the contract and task XXI identifies the reporting requirements. Executive Summary 10/28/968:56 PM 2 Contract ~ CONTRACT FOR TIlE MONROE COUNIY SANITARY WASTEWATER MASTER PLAN TIllS CONTRACT is entered into by MONROE COUNIY, 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 CH2MHILL, INC., a Florida corporation, whose address is 6410 5th Street, Stock Island, Key West, Florida, 33040, hereafter the Consultant. Section I. The Consultant represents that it is professionally qualified to produce the Monroe County Sanitary Wastewater Master Plan described In greater detail in Appendix A of this Contract. The Monroe County Sanitary Wastewater Master Plan is referred to throughout the rest of this Contract as the Plan. Portions of the Plan are referred to as Tasks, Subtasks, or work products. Section II. The Consultant must commence work on the Plan within ten (10) calendar days of the notice to proceed provided by the County and satisfactorily complete and deliver all work products under this Contract within 790 days of the notice to proceed. Section III. The planning area covered by this Contract includes all areas within the unincorporated portion of the Florida Keys, Monroe County, Florida. Contract 07/02/974:04 PM Generally, this area extends from the City limits of Key West to North Key Largo and the Dade County Line on U.S. Highway 1. Section IV. The Consultant is required to complete this Contract in accordance with the Task requirements outlined in Appendix A and in the approximate completion times outlined in Appendix B. Approximate completion times outlined in Appendix B are intended to be flexible and may be adjusted with the recommendation of the Directors of Marine Resources and Growth Management and with the approval of Monroe County and Consultant at any regular meeting of the Board of County Commissioners. Appendix B also serves as the schedule of Contract Deliverables and payments for the Contract. Section V. The lump sum maximum total compensation due the Consultant for satisfactorily completing the Plan is $2,200,146 hereafter the Contract price. The Consultant shall not perform work which encumbers an amount greater than 1,625,000 of the Contract price without prior approval of the County. Contract Deliverables, approximate completion times, and deliverable payment amounts are outlined in Appendix B. The Consultant may not receive compensation for any work performed that is not described in Appendix A or for any amount that is not specifically defined in Appendix B of this Contract unless the work is otherwise approved in writing by the Board of County Commissioners. Contract 07/02/974:04 PM 2 Section VI. If the Consultant begins work on the Contract before the County has entered into a grant agreement or agreements with the State of Florida, as partial funding sources, and - - for whatever reason - - the County and the State fail to enter into such an agreement or agreements, then all work performed by the Consultant will be at his loss and expense and the County will not be liable to the Consultant for the work on the basis of breach, quantum meruit, or any other basis. Section VII. This Contract is funded pursuant to Policy 4 of the Monroe County 2010 Comprehensive Plan, including County, State, and Federal sources as set forth in Appendix E, Financing Plan. These sources include, but are not limited to, an agreement with the State of Florida (Contract SP333), revenues made available through F.S. 338.26 (Alligator Alley toll road) and provided through F.S. 373.45931 (Alligator Alley Tolls, Everglades and Florida Bay Restoration). If any funding source listed in Appendix E is terminated or if there is a revenue short fall, or if there is a failure to allocate funding resources, the County may elect to abandon the Plan or revise the Scope of Work accordingly. If the County so elects, it must immediately notify the Consultant in writing. The Consultant must cease all work on the Plan upon receipt of the County's abandonment letter. The Consultant must also turn over to the County all Plan work products whether complete or not. The County must then pay the Consultant that portion of the Contract price for the Plan that is equivalent to the work turned over Contract 07/02/974:04 PM 3 minus the amount paid for completed Tasks or Subtasks previously made. The County's reasonable determination of the portion of the Contract price due is final. Section VIII. The Consultant is not responsible for damages or delay in performance caused by acts of god, strikes, lockouts, accidents, or other events beyond the control of the Consultant. The County may suspend, delay, or interrupt the services of the Consultant for the convenience of the County. In the event of the force majeure or said suspension, delay, or interruption, an equitable adjustment in the Contract's schedule and the Consultant's compensation will be mutually agreed upon. Section IX. Funding for Project Z, as identified in Appendix B, is provided in part through a third party contract between the Florida Department of Environmental Protection and Monroe County (Contract SP333). This funding source will not be utilized to fund any other portion of this Contract. Contract SP333 is incorporated by reference and attached in Appendix D of this Contract. County funds or those from any other appropriate source may be used to augment the funding requirements of Project Z. Section X. The payment for Contract Deliverables may not be made until the Task or Subtask has been determined to be satisfactorily completed by the Contract 07/021974:04 PM 4 County's Directors of Marine Resources and Growth Management. The County shall have ten (10) working days to review the specific Contract Deliverable prior to acceptance or rejection of the Contract Deliverable. If rejected, The Consultant shall be given a reasonable time in which to remedy the defect, not to exceed the original Contract timeframe and not in a manner that delays the fulfillment of other Contract Deliverables as identified in Appendix B. If accepted, a payment must be made in full within 20 days of the determination that the Contract Deliverables were satisfactorily completed. The Consultant may not receive the final payment until the documents and data have been turned over as provided in Section XXIV. The Consultant's subcontractors are not third party beneficieries under this Contract, are not in privity with the County, and may not seek payment from the County for any amount owed them by the Consultant. A sentence similar to the preceding must be in all Consultant! subconsultant contracts that are funded, in whole or in part, through this agreement. Section XI. The standard of care applicable to the Consultant's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed. The Consultant will re-perform any services not meeting this standard without additional compensation. Contract 07/02/974:04 PM 5 Section XII. To the maximum extent permitted by law, the Consultant's liability for County's damages for any cause or combination of causes will, in the aggregate, not exceed the Contract price. This Section takes precedence over any conflicting Section of this Contract or any document incorporated into it or referenced by it. Section XIII. The following requirements apply to all of the Tasks and Subtasks performed by the Consultant under this Contract. A. The Sanitary Wastewater Master Plan must be based on a 20-year planning period. B. The cost estimates prepared as part of the Plan must be based on order-of- magnitude costs (level of accuracy of + 50 to - 30 percent) developed from the conceptual level planning C. The evaluation of potential areas for wastewater treatment facilities (plants or pump/lift stations) are not to include site specific investigations. D. The County and the Sanitary Wastewater Master Plan Technical Advisory Committee (SWMP TAC) must review all draft documents and provide comments to the Consultant within a two week period after receipt of each draft component of the Contract. E. Deliverables will be provided to the County in the following form: 1. Technical memoranda and interim draft documents: One reproducible hard copy and one electronic copy must be provided. Contract 07/02/974:04 PM 6 2. Draft Wastewater Master Plan: 150 bound copIes and one electronic copy must be provided. 3. Final Wastewater Master Plan: 150 bound copies and one electronic copy must be provided. F. The format for all electronically produced deliverables follows: 1. Word Processing a) Microsoft Word 7.0 or the latest version for Windows 3.11 2. Database/Spreadsheets a) Microsoft Access 7.0 or the latest version for Windows 3.11 b) Microsoft Excel 7.0 or the latest version for Windows 3.11 3. GIS a) All GIS coverages shall be created, generated, and delivered in Arc Info 7.0.4 Section XIV. The Consultant must have insurance of the amount and type described in Appendix C. Appendix C is attached and incorporated into this Contract. Section XV. The Consultant 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 07/02/974:04 PM 7 Section XVI. Records of the Consultant's direct personnel payroll and other costs and expenses pertaining to the Plan and records of the accounts between the County and the Consultant must be kept on a generally recognized accounting basis and must be available to the County or its authorized representative, representatives of the TIorida Department of Environmental Protection (DEP), or South TIorida Water Management District upon reasonable notice and during normal business hours. 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 Consultant must keep the records for five years following the completion of the Plan. This Contract is funded, in part, through DEP Contract No. SP333 between the County and the DEP. A copy of that agreement is attached to this Contract as Appendix D and is incorporated as part of the Contract. Funding through F.S. 338.26, is administered through a grant to the County provided by the South TIorida Water Management District (SFWMD). That grant agreement is provided as Appendix E and is incorporated as a part of this Contract. If any audit, payroll, or other financial record keeping requirement of the County/DEP agreement or the County/SFWMD agreement is in conflict with, or has a stricter or more detailed requirement than, this Section, then the requirement of the County/DEP or County/SFWMD agreement prevails. Section XVII. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contract 07/02/974:04 PM 8 Consultant to solicit or secure this Contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the County shall have the right to terminate the Contract without liability and, at its discretion, to deduct from the Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section XVIII. The Consultant may not assign or subcontract its obligations under this Contract without the written consent of the County except for subcontracts with the following firms: A. Lindahl, Browning, Ferrari and Hellstrom, Inc.; B. Ayres and Associates, Inc.; C. Continental Shelf Associates, Inc.; D. Hill and Knowlton E. Katz, Kutter, Haigler, Marks, Bryant & Yon, P.A. F. Hazen and Sawer, P.A. Section XIX. The County's consent to the six subcontractors listed does not in any way relieve or excuse the Consultant from the complete performance of all his duties and obligations under this Contract. Contract 07/021974:04 PM 9 Section XX. The Consultant 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 XXI. The preliminary examination or review by a County officer or a County employee of any Plan work product to determine generally if the Plan is proceeding in accord with the requirements of Appendix A or B does not constitute a determination of satisfactory completion. Therefore, the Consultant is not entitled to rely on any preliminary examination or review as a determination of satisfactory completion or as a condition precedent to partial or final payment. Section XXII. The Consultant must indemnify and hold harmless, to its proportionate extent, the County from and against all liability, claims and damages, loss, costs and expense arising out of any negligent act or omission that results in injury to third persons or their property occurring as a result of carrying out the work required by this Contract. If the County is alleged to be Contract 07/02/974:04 PM 10 liable on account of such negligent act or omission, then the Consultant must defend the allegations through a mutually acceptable counsel with the Consultant bearing all cost, fees, and expenses of the defense. The Consultant's obligations under this Section are not vitiated by the purchase of the insurance required by Section XII. Section XXIII. The Consultant warrants that the work constituting the Plan does not infringe upon or violate the patent, copyright or trademark of any third person. If a claim of infringement or violation is made by a third person against the County, the County must notify the Consultant within twenty days of the date the County received the claim. The Consultant must then indemnify and defend the County against the third party's claim bearing all costs, fees and expenses of the defense or obtain the right to use such patented trademark or copyright material in the work at no additional expense to the County. The County's failure to timely notify the Consultant is a waiver of this warranty. Section XXIV. All final data and documents produced or obtained in the course of preparing the Plan whether or not used in the Plan are - and will remain - the property of the County and must be delivered to the County before the County may make the final payment to the Consultant. The Consultant may retain copies of the documents and data delivered to the County but the copies must be prepared at the Consultant's expense. Contract 07/02/974:04 PM 11 Section XXV. 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 Consultant's failure to perform, then the County must pay the Consultant the amount due for all work satisfactorily completed as determined by the County up to the date of the Consultant's failure to perform but minus any damages the County suffered as a result of the Consultant'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 Consultant by the County is not enough to compensate the County, then the Consultant is liable for any additional amount necessary to adequately compensate the County up to the amount of the Contract price. Section XXVI. The Consultant is an independent Contractor. Nothing in this Contract may create a contractual relationship with, or any rights in favor of, any third party. Section XXVII. This Contract has been carefully reviewed by both the Consultant and the County. Therefore, this Contract is not to be construed against any party on the basis of authorship. Section XXVIII. This Contract represents the parties' final and mutual understanding. It replaces any earlier agreements or understandings, whether Contract 07/02/974:04 PM 12 written or oral. This Contract cannot be modified or replaced except by another signed Contract. Section XXIX. The waiver of the breach of any obligation of this Contract does not waive another breach of that or any other obligation. Section XXX. The Consultant 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 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. Section XXXI. This Contract is governed by the laws of the State of Florida. Venue for any disputes arising under this Contract must be in Monroe County, Florida. Section XXXII. While in the course of preparing the Plan, the Consultant may not discriminate against any employee because of race, age, creed, color, sex or Contract 07/02/974:04 PM 13 national ongIn. The Consultant 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; recruitment or recruitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeships. The Consultant must insert language similar to this Section in any of the Consultant's subcontracts funded through this Contract except for subcontracts for standard commercial supplies and raw materials. Section XXXIII. In carrying out the preparation of the Plan the Consultant must comply with the requirements of the Americans With Disabilities Act and federal regulations issued under that Act. Section XXXIV. No member, officer or employee of the County during his tenure at the County or for two years after that may have any interest, direct or indirect, in this Contract or the proceeds from the Contract. Section XXXV. All communication between the parties should be through the following individuals: Contract 07/02/974:04 PM 14 Monroe County George Garrett, Director Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, FL 33050 Consultant Kenneth Williams, P.E. CH2MHILL, INC. 422 Fleming Street Key West, FL 33040 Section XXXVI. This Contract takes effect on the date of the signature of the last party to sign. 1//"191 IN WTINESS WHEREOF each party hereto has caused this be executed by its duly authorized representative. BOARD OF COUNlY COMMISSIONERS 1. KOLHAGE, CLERK OF MONROE OUNIY, FLORIDA By124,~ By (SEAL) Attest: CH2MHILL, INC. By Title APPROVED AS TO FORM AND LEGAL SUffiCIENCY &~~~ ATTORNEY'S 0 E Contract 06/13/976:16 PM 15 Appendix A Scope of Work Scope of Work Monroe County Sanitary Wastewater Master Plan Scope of Work Project 1 Task I. Decision Analysis: The Consultant will develop an objective decision making framework that evaluates and prioritizes program alternatives, considers the effect of different service areas, and assesses the cost and benefits of different wastewater management technologies. This framework will consider and coordinate technical data, stakeholder input, risk calculations, cost estimates, environmental impact assessments, and organizational concerns throughout the life of the project. Monroe County staff members will work together with the Consultant to explicitly articulate project goals, develop concrete measurements of project success, create a decision-based model to evaluate alternatives, and produce a workable Sanitary Wastewater Master Plan based on the alternative(s) that are chosen as a result of this process. These activities will be deliverable in the four proj ect phases. The requirements for each proj ect phase is described individually below and includes its own milestones. A. The Consultant will continue to work with County staff to more clearly define the scope of the project and to develop specific program goals and objectives. The Consultant will assemble a decision making team to develop an appropriate model for the decision making process. 1. The Consultant will hold a series of two back-to-back workshops and a third follow-up workshop to develop a project framework; the first day of the workshops will include members of Monroe County staff, while subsequent workshops may include additional stakeholders Sanitary Wastewater Master Plan Technical Advisory Committee (SWMP TAC representatives, public participants, a citizens advisory committee (CAC), etc. The Consultant will: a) b) f) Define critical stakeholders; Perform a stakeholder evaluation and assess their critical concerns and issues; Develop a core decision making team; Establish a Needs Statement with clearly defined goals and objectives; Define decision tasks, describing what decisions must be made during the course of the project; Develop a series of instrumental objectives that the project must achieve, and provide tangible metrics to evaluate a successful outcome; c) d) e) Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 1 g} Seek and develop consensus for any standards criteria that will be used to evaluate the project; Create a common vision that is easily articulated. or and h} 2. The Consultant will coordinate a public involvement/ information program and will provide regular updates to stakeholders as part of the Public Outreach requirements set out in Task II., A. 3. As a Contract Deliverable identified in Consultant will publish the proceedings workshops and provide a report to the County Appendix B; the from the three which includes: a} A Vision statement; b} Project framework; c} Goals and objectives; d} Evaluation criteria; e} Minutes of meetings; and f} List of identified stakeholders. This is a one-time Contract Deliverable; upon completion and delivery the Consultant may bill the County for the entire amount specified for Subtask I. A. 3. in Appendix B. B. The Consultant will create a decision making model that allows separation of meaningful data from less important data, that allows an objective, non-biased evaluation of project alternatives, and that contributes to project understanding. 1. The Consultant will hold one facilitated and refine the decision making model. development process, the Consultant will: workshop to develop During the model a} Develop a criteria weighting system and establish specific objectives (a value model) ; b} Incorporate the risk of uncertainty into the evaluation model; c} Present the initial model structure to Monroe County staff; d} Review model components with the County; e} Refine the model as needed 2. The Consultant will: a} b} c} Assess the adequacy of available information; Determine necessary additional data collection activities; Conduct a preliminary evaluation of necessary actions relative to the criteria noted in Task I. B. 1. a} above; and Determine responsibility and time frame for developing additional information; d} Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 2 3. The Consultant will coordinate a public information program and will provide regular stakeholders for this aspect of the project as Public Outreach requirements set out in Task II., involvement/ updates to part of the A. 4. As a Contract Deliverable Consultant will publish the and provide a report to the identified in Appendix B; the proceedings from these workshops, County which includes: a) An interim evaluation model b) A List of ongoing data needs, and c) List of program metrics This is a one-time Contract Deliverable; upon completion and delivery the Consultant may bill the County for the entire amount specified for Subtask I. B. 4. in Appendix B. C. The Consultant will analyze the data obtained from data collection activities; evaluate wastewater management options for each service area; and recommend treatment strategies on an area-by-area basis as follows: 1. The Consultant will collate and combine available data into the decision model. 2. The Consultant will evaluate service area designations based on technical feasibility criteria. 3. The Consultant will perform a sensitivity analysis on a model which incorporates an appropriate measure of risks. 4. The Consultant will determine benefits, and cost effectiveness comparisons for alternatives for each service area. incremental costs, different treatment S. The Consultant will hold one workshop to evaluate treatment alternatives within the context of the decision model and will: a) Present the completed model to Monroe County staff; b) The Consultant will facilitate discussion and evaluation of alternatives leading to final recommendations. 6. The Consultant will coordinate this phase with the public involvement and information program and will provide regular updates to stakeholders for this aspect of the project as part of the Public Outreach requirements set out in Task II., A. 7. As a Contract Deliverable identified in Appendix B, the Consultant will develop summary of decision model findings, including a written explanation of model results and possible Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 3 fallback strategies. The Consultant will provide this report to the County in fulfillment of Contract requirements. This is a one-time Contract Deliverable; upon completion and delivery the Consultant may bill the County for the entire amount specified for Subtask I. C. 7. in Appendix B. D. The Consultant will develop a detailed Sanitary Wastewater Master Plan containing wastewater management alternatives. The chosen alternative will be selected by the Monroe County Board of Commissioners. 1. The Consultant will hold one workshop to develop an initial implementation plan which: a) Identifies impediments to implementation; b) Prioritizes project implementation stages, in particular: (1) The Consultant will assess the efficacy of a Keys-wide wastewater utility to for provide funding for interim upgrades to existing wastewater facilities which may ultimately be required to hook-up to regional. Sub-regional, or local collection systems in their area, (2) The Consultant will develop practical approaches to the problems associated with the transition from the existing use of cesspools, substandard systems, septic systems, and local collections systems to the approach that is ultimately suggested in the Sanitary Wastewater Master Plan for each wastewater service area, including: (a) when and how cesspools and substandard systems should be replaced during the interim period prior to full implementation of the Sanitary Wastewater Master Plan. (b) when and how to equitably require replacements for individuals who have existing or receive new On-site Wastewater Treatment System (OWTS) permits during the transition period to full implementation of the Sanitary Wastewater Master Plan. c) Incorporate cost estimates for interim measures. d) The Development of this Task will be coordinated with the completion of Technical Memorandum No. 13 : "Service Area Implementation Plan." 2. The Consultant will provide a tree diagram outlining implementation strategies and schedules. a) The diagram will establish primary implementation activities as well as a prioritized schedule of secondary, tertiary, and other activities. Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 4 3. The Consultant will identify potential financing options for implementation of the Sanitary Wastewater Master Plan. 4. The Consultant will coordinate a public involvement information program and will provide regular updates stakeholders for this aspect of the project as part of Public Outreach requirements set out in Task II., A. and to the 5. The Consultant will provide a Final Decision Analysis Report which summarizes the proceedings and conclusions of decision team meetings and provide the product to the County in report format as a Contract Deliverable (as identified in Appendix B) . a) The minutes from previous meetings; b) A decision model summary; c) Documentation of the process leading to the final development of the decision process model, including interim project implementation decisions and a list of stakeholders identified in Task II. B. 1. a); and d) Graphical presentation material of decision analysis. As a one-time Contract Deliverable; upon completion and delivery the Consultant may bill the County for the entire amount specified for Subtask I. D. 5. in Appendix B. Task II. The Consultant will provide an effective, well organized public outreach program to gather information, obtain public input, and help inform the general public about the results and importance of the Sanitary Wastewater Master Plan effort, The Consultant will develop an outreach program for the public which clearly defines the current knowledge about water quality problems relating to land-based sources of pollution in the Keys and delineates potential solutions. The Consultant will integrate recommendations developed during all phases of the planning effort with the public outreach effort. A. The Consultant will be responsible for providing and obtaining public outreach support for each of the six (6) workshops defined in Task I. The results of the workshops defined in Task I will be further disseminated to the public through the various media forums set forth in Subtasks II. B., C., and D. The Public outreach component of the Consultant team should be present at all workshops so as to clearly understand the outcome of each meeting and to document the meetings in the form of minutes and public information. B. The Consultant will develop a program of three (3) public forums, each to be presented in the three regional areas of the Keys (9 meetings total). It will be the Consultant's responsibility to set-up and advertise the forums, develop a format for each, invite attendees and stakeholder, complete advertisement of the forum in all appropriate media, establish and set-up forum locations, and run each forum session. The forums will follow the following themes. Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 5 1. Public Forum 1. The Consultant will develop a forum agenda which allows discussion of the problems associated with land- based sources of pollution in the Keys, particularly wastewater, and the process for recognizing and refining our knowledge about these problems. The Consultant will provide a summary report to the County as a Contract Deliverable, as identified in Appendix B, which outlines the results of the forum, any public comment, and which provides an assessment by the Consultant of the issues identified and the level of success of the forum. As a one-time Contract Deliverable; upon completion and delivery, the Consultant may bill the County for the entire amount specified for Subtask II. B. 1. in Appendix B. 2. Public Forum 2. The Consultant will develop a forum which discussion of the potential solutions to the problems noted in the first forum through improvements in wastewater management. The Consultant will provide a summary report to the County as a Contract Deliverable, as identified in Appendix B, which outlines the results of the forum, any public comment, and which provides an assessment by the Consultant of the level of success of the forum. This is a one-time Contract Deliverable; upon completion the Consultant may bill the County for the entire amount specified for Subtask II. B. 2. in Appendix B. 3. Public Forum 3. The Consultant will hold a third forum during the implementation planning stage of the project to allow the public to talk to County representatives and the Consultant one on one about how implementation of the Sanitary Wastewater Master Plan will work. The Consultant will provide a summary report to the County as a Contract Deliverable, as identified in Appendix B, which outlines the results of the forum, any public comment, and which provides an assessment by the Consultant of the level of success of the forum. This is a one-time Contract Deliverable; upon completion the Consultant may bill the County for the entire amount specified for Subtask II. B. 3. in Appendix B. C. The Consultant will be responsible business, and environmental groups, other stakeholders with which we information. for identifying all civic, home owners associations, and might work to disseminate 1. The Consultant will set-up one pi votal groups throughout Monroe willingness to participate. meeting with each of the County dependent on their a) The purposes of these meetings will be to inform business and civic groups about the project, its importance, and direction and to provide them with Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 6 information packages to create an extended public out- reach effort through these groups. b) The Consultant will prepare all meetings, hold them, and be responsible for recording and addressing the comments of each group. This is a Contract Deliverable as identified in Appendix B and will be met by providing to the County a report collating and assessing the group comments, issues and concerns and which provides recommendations for improving the County's public outreach effort. This is a one-time Contract Deliverablej upon completion and delivery the Consul tant may bill the County for the entire amount specified for Subtask II. C. 1. in Appendix B. 2. All identified groups will receive semi-annual updates of relevant activities from the Consultant. The Consultant will set up a follow-up meeting with each of the groups with which the County and the Consultant actually meet in Subtask II. B. 1. above. a) The purpose of the second set of meetings will be to inform these groups of progress related to their comments and concerns toward the final outcome of the Sanitary Wastewater Master Plan. b) The Consultant will prepare all meetings, hold them, and be responsible for recording the comments of each group. The Consultant will provide to the County a report assessing the character of group comments, issues and concerns as a Contract Deliverable as identified in Appendix B. The deliverable report shall provide recommendations for improving the County's public outreach effort and assess the success of the effort to date. This is a one-time Contract Deliverablej upon completion and delivery the Consultant may bill the County for the entire amount specified for Subtask II. C. 2. in Appendix B. D. The Consultant will be responsible for identifying all specific media sources through which information can be disseminated in the Keys. 1. The Consultant will use the following means of providing information to the public to define the problem, establish the process, and present potential solutions concerning the wastewater issue: a) Print: (1) The Consultant will develop 3-up rack cards and a companion information booklet in two themes which separately discuss water quality problems and potential solutions through better wastewater management. The themes will be developed independently and printed at different times as Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 7 b) Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM identified in Appendix B. The Consultant will be responsible for distribution of the 3 -up cards and information booklets to those groups identified in Task II. C. , to interested government agencies, and will provide copies at forums identified in Task II. C, The Consultant will print 20,000 copies each of the 3-up cards and information booklets for each them. This is a Contract Deliverable, as identified in Appendix B, and shall be met by verification through signed receipts that printing has occurred and that distribution has been made to government agencies and to groups identified in Task II. B. Billing for this Contract Deliverable may be made twice during the Contract; each at one half (1/2) the cost specified for Subtask II. D. a) (1) in Appendix B. (2) The Consultant will provide press releases and news articles to local news papers, develop regular columns, exclusive or otherwise, in the various local print media, and provide periodic updates in the Chambers of Commerce newsletters, other business forums, and in the various agency, citizen, and environmental newsletters. This is a Contract Deliverable as identified in Appendix B. The Consultant will provide a monthly report with documentation of efforts to develop news stories and press coverage, establish regular columns, and insert news items in group newsletters. Billing may be provided monthly up to 24 times during the Contract; each at one twenty-fourth (1/24) the cost specified for Subtask II. D. 1. a) (2) in Appendix B. (3) The Consultant will develop on short project brochure outlining water quality problems and potential solutions through improved wastewater management for use at community and business public forums. The Consultants will print 5,000 copies of the project brochure. This is a one- time contract deliverable; upon completion and delivery the Consultant may bill the County for the entire amount specified for Subtask II, D. 1. a) (3) in Appendix B Video (1) The Consultant will develop one short (5-7 minute) video outlining water quality problems and potential solutions through improved wastewater management for use at community and business public forums or television broadcasts. This is a Contract Deliverable as identified in Appendix B and will be met by providing the 8 c) Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM County with two (2) copies of the video as it is complete. Upon completion and delivery the Consultant may bill the county for the entire amount specified for Subtask II, D. 1. B) (a) in Appendix B. (2) The Consultant will develop a one half (1/2) hour television program describing water quality problems developing from land-based sources of wastewater pollution in the Keys, The Consultant will develop contracts for regular airing of the program on local access networks. This is a Contract Deliverable as identified in Appendix B and will be met by providing the County with at least two (2) copies of the program and documentation that contracts have been made for regular airing of the program. This is a one- time Contract Deliverable; upon completion and delivery the Consultant may bill for the entire amount specified for Subtask II. D. 1. b) (2) in Appendix B. (3) The Consultant will arrange airing of programs on Channel 5. This is a Contract Deliverable as identified in Appendix B and will be met by providing a copy of the Consultant's contract with Channel 5 for airing the programs as identified in Subtasks II. D 1. b) (2). The contract should specify how many times per month that the programs will air and for how many months programs will be placed on the air. The Consultant may bill the County on a monthly basis for the cost of airing (as specified in the contract between the Consultant and Channel 5) and up to 24 times at one twenty-fourth (1/24) of the cost specified for Subtask II. D. 1. b) (3) in Appendix B. (4) The Consultant will arrange for the airing of programs identified in Subtasks II. D. 1. b) (2) or from other sources on other local television shows. This is a Contract Deliverable as identified in Appendix B and will be met by providing up to eight (B) quarterly reports to the County identifying successful efforts to air the programs. The Consultant may bill the County in up to eight (B) times at one eighth (l/B) of the cost specified for Subtask II. D. 1. b) (4) in Appendix B. Radio (1) The Consultant will provide an on-going effort to place proj ect team members on radio talk show programs throughout the Keys to discuss key 9 aspects of the project and their importance, This is a Contract Deliverable as identified in Appendix B and will be met by providing up to eight (S) quarterly reports to the County documenting successful effort. The Consultant may bill the County quarterly up to eight times during the Contract for one eighth (l/S) of the cost specified for Subtask II. D. 1. C) (1) in Appendix B. d) Internet (1) The Consultant will develop an Internet site or \ \ Home Page" for dissemination of information developed through other media efforts, In addition, the Consultant will post the such information to existing Internet sites that are available for public use. This is a Contract Deliverable as identified in Appendix B and will be met by providing up to eight quarterly reports identifying the development, additions, and modifications to the Internet WEB site or Home Page through the course of the Contract. The Consultant may bill the County quarterly up to eight times for one eighth (l/S) of the cost identified for Subtask II. 1. d) (1) in Appendix B. e) Administration: (1) The Consultant will develop and maintain an on- going news media alliance for disseminating information relevant to this project. (5) Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM (2) The Consultant will be responsible for working with a designated point person and perhaps two to four additional members of the County staff to review and provide comments on media releases before providing them to media representatives for dissemination. (3) The Consultant will work with other education and out-reach programs to disseminate information relevant to this project. (4) The Consultant will be responsible for coordinating the individual schedules of project team members, including County staff, to ensure their presence at forums, television presentations, radio programs, and other media efforts relevant to the project. Subtask II. D. 1. e) is a Contract Deliverable as identified in Appendix B and will be met by providing up to eight (S) quarterly reports 10 outlining all efforts and time involved in coordinating schedules and programs. The Consultant may bill the County quarterly up to eight (S) time for one eighth (liS) of the cost specified for Subtask II. D. 1. e} (5) in Appendix B, E. The Consultant will develop a program and point of contact for School based programs and will supply print, video, and other media products to the school system as an educational tool. Suggested means for school involvement in the Sanitary Wastewater Master Plan are to: 1. Invite high school level sciences and social sciences classes, teachers, and students to forums; 2. Organize and prepare an on-site demonstration project suitable for use at public schools throughout Monroe County. Organize the presentation of this demonstration project at Monroe County public Schools. 3. Provide simplified hand-outs; one for grade school and one for middle and high school level students; 4. Develop a science project competitive at various levels of the Monroe County School System with significant community donated awards as an incentive to help create an understanding of the water quality and wastewater issues in the Keys. This is a Contract Deliverable as identified in Appendix Band will be met by providing up to eight (S) quarterly reports which identify points of contact with the school system, media provided, and projects initiated. The Consultant may bill the County for up to eight quarterly reports at one eighth (liS) of the cost specified for this Subtask II. E. in Appendix B. F. The Consultant will maintain a library of media resource material developed by the Consultant or the public media during the course of the Contract. This is a Contract Deliverable as identified in Appendix B and will be met by providing copies of all media material to the County. The Consultant may bill the County as a one time cost as specified for this Subtask II. F. in Appendix B. Task III. Survey, Compile, and Integrate Available Information and Databases A. The Consultant will complete an assessment of all available databases relevant to this study and upcoming related studies, such as the Stormwater Master Plan, the Monroe County Carrying Capacity Study and the Total Maximum Daily Load (TMDL) Study. The survey has already been initiated by Monroe County staff which has provided survey forms to the agencies responsible for the databases. Relevant databases were identified prior to forwarding Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 11 the survey forms with assistance and direction from the Technical Advisory Committee and include the following: 1. Florida Keys Aqueduct Authority (FKAA) database, 2. Monroe County Property Appraiser's database; 3. Monroe County Building Permit database (HTEjAS400 System); 4. Monroe County Well and Cistern database; 5. Florida Department of Health and Rehabilitative Services (HRS) database for onsite wastewater system permits; 6. HRS cesspool database; 7. Florida Department of Environmental Protection (FDEP) wastewater facilities database; 8. Florida Marine Research Institute (FMRI) Arclnfo database; 9. South Florida Water Management District Arclnfo database; 10. Army Corps of Engineers database, if any; and 11. EPA STORET database, The Consultant's responsibility for this task is to review the completed survey forms and determine which databases will be useful in preparation of the Monroe County Sanitary Wastewater Master Plan or other related studies and which databases will be obtained in electronic format for further evaluation in Sub-task III. B. below. B. The Consultant will evaluate the databases identified in Sub-task III. A. for useful application to this and other studies, including the following sub-tasks: 1. The Consultant will obtain tape or disk copies of a representative segment of each database in ASCII, Access or Excel format. The database segment should contain no more than 1,000 records and segments from each database and should represent the same geographic area (e.g., Islamorada or Plantation Key) 2. The Consultant will evaluate each database with respect to the following criteria: a) Value and importance of the information contained in the database relative to this study and upcoming studies identified in Sub-task III. A., and b) Strengths or weaknesses of the database in terms of the ability to make relevant queries or linkages to other databases. 3. This is a Contract Deliverable as identified in Appendix B; the Consultant will prepare Technical Memorandum No.1., \ \ Evaluation of Existing Databases, " summarizing the database evaluation and including recommendations for improvements to the databases. Upon completion and delivery, the Consultant may bill the County for a one time payment as specified for Subtask III. B. 3. in Appendix B. C. The Consultant will provide linkages between databases and Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 12 enhancements to existing databases in the following manner: 1. In the FKAA database, add a Real Estate (RE) number field to facilitate linking this database to the Monroe County databases. This task is to be accomplished to an extent which is satisfactory for the completion of the Sanitary Wastewater Master Plan, as well as the other upcoming studies listed in Sub-task III. A. The FKAA account records that are not positively matched to an RE number through the databases will be matched to RE numbers not already assigned to FKAA accounts using FKAA service addresses and the Monroe County Arclnfo parcel map. This is a Contract Deliverable as identified in Appendix B; the completed work product for this Subtask will be a database which matches parcel RE numbers with FKAA account numbers with as few fields as is necessary to accomplish this task, This database will be partitioned into positive matches (based on matching street addresses or other fields) and arbitrary matches to unmatched developed parcels. The Consultant will provide the County with a short report describing the attributes of the database and an electronic copy of the database. Upon and completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask III. C. 1. in Appendix B. 2. The Consultant will prepare a spreadsheet which summarizes the Facility Reports and Monthly Operating Report Summaries provided by the FDEP Bureau of Information Systems (or other data sources) for permitted wastewater treatment plants (WWTPs), which contains the following information: a) The entity having operational responsibility (information to be provided by Marathon FDEP personnel) ; b) The current rated (permitted) capacity; c) The age and condition of primary components, as provided by existing databases or Marathon FDEP personnel; d) The number and type of connections presently served; e) The number and type of future connections committed to; f) The average daily flow and maximum 3-month average daily flow; g) The rated treatment level and level of compliance; h) The disposal method; i) The FDEP facility number; and j) The RE number(s) served by the facility. 3. The Consultant will prepare a summary spreadsheet from the HRS database (and other HRS or Monroe County sources) for permitted onsite systems (septic tanks and aerobic treatment units) . For each facility the spreadsheet will contain the following information: a) The entity having operational responsibility Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 13 (information to be provided by existing HRS database or HRS personnel) ; b) The current rated (permitted) capacity; c) The age and condition of primary components, as provided by existing databases or HRS personnel; d) The number and type of connections presently served; e) The number and type of future connections committed to; f) The rated treatment level, g) The disposal method, h) The HRS permit number, and i) The RE number(s) served by the onsite system. 4. Using available population data (Monroe County Year 2010 Comprehensive Plan, U. S. Census, Monroe County Statistical Abstract, and FMRI) , the Consultant will provide population projections and distribution by Planning Area/Enumeration District (PAED) for the 20-year planning period in 10-year increments, accounting for Rate of Growth Ordinance (ROGO) allocations, units that are already vested, as well as the growth restrictions that will be adopted in Rule 28-20.100. The Consultant will also provide seasonal population projections and distribution. Cumulatively, Subtasks III. C. 2, through 4. are considered one Contract Deliverable as identified in Appendix B which the Consultant will meet by providing electronic spreadsheets or databases, as appropriate, accompanied by documentation which describes data character and attributes. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask III. C. 4. in Appendix B. 5. Using the results of Sub-tasks III. C. 1. Through III. C. 4. Above, the Consultant will develop a master wastewater database using the Monroe County Property Appraiser's database and an ArcInfo parcel map as a base. The following fields shall be included for each parcel record: Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM a) b) c) d) e) f) g) h) i) The parcel RE number; The physical Street address; The property owner; The property owner's address; The FKAA account number(s) associated with parcel; The land use classification; The zoning classification; The area, in acres; The number of developed Equivalent Development Units (EDUs) presently occupied; The number of EDUs that can potentially be developed in the future; The present method of wastewater treatment; The FDEP or HRS facility number of wastewater system serving parcel; The level of treatment; The estimated wastewater flow as a percentage of water demand; j) k) 1) m) n) 14 0) The permit status vested, provided unpermitted) . of undeveloped with a ROGO parcels (whether allocation, or This Subtask is a Contract Deliverable as identified in Appendix B which the Consultant will meet by providing electronic spreadsheets or databases, as appropriate, accompanied by documentation which describes data character and attributes, Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask III. C. 5. in Appendix B. 6. This Subtask is a Contract Deliverable identified in Appendix B. As a Contract Deliverable, the Consultant will prepare Technical Memorandum NO.2.: "Master Wastewater Database Development," which describes the database and summarizes the methodology used in its development. The Consultant will provide all final revisions for electronic media developed as a part of Task III. C. The Consultant may bill the County for a one-time payment as specified for Subtask III. C. 6. in Appendix Task IV. The Consultant will provide a distribution of current and projected future wastewater flows. A. The Consultant will establish wastewater study areas based on wastewater flow densities, economic considerations regarding wastewater collection and treatment, and availability of WWTP sites. The Consultant will provide the County with a GIS coverage which delineates the study areas. Study areas shall in most cases consist of single islands, but larger islands (e,g., Key Largo) may be divided into several study areas. Where such division occurs, wastewater study area boundaries shall be consistent with PAED boundaries. B. The Consultant will project increases in flows within each wastewater study area for the 20-year planning period in 10-year increments, using population projections obtained under Sub-task III. C. 4., estimated future ROGO allocations, historical ROGO allocations, and FKAA water demand data. C. The Consultant will develop a wastewater flow spreadsheet from the Arc Info wastewater database listing annual average wastewater flows and corresponding EDUs for each wastewater study area for the years 1997, 2007, and 2017 and group wastewater study areas by island and PAEDs. 1. Within each wastewater study area, the Consultant will provide an estimate of liveaboard and transient vessels in contiguous waters and an estimate of wastewater flows from these marine sources. The Consultant will use the best available data based on the most recent published survey of vessels in Monroe County waters for this estimate. If Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 15 feasible, the County will augment this with a current aerial survey of the County completed during the peak liveaboard season (January to March). The consultant will assign all surveyed vessels to a polygon representing the anchorage or mooring area and associate this polygon with the nearest wastewater study area. 2. The Consultant will differentiate flows within each wastewater study area by wastewater treatment method, including cesspool, OWTS, new OWTS (post 1992; 10D-6, Part II revisions), ATUs, WWTPs, and liveaboard/transient vessels (for polygons associated with the study area) . 3 . The Consul tant will provide proj ections of seasonal wastewater flows for each wastewater study area and planning year, using seasonal population projections developed in Sub- task III. C. 4. D. This is a Contract Deliverable identified in Appendix B. As a Contract Deliverable, the Consultant will prepare Technical Memorandum No.3. : "Wastewater Flow proj ections, " which summarizes results of this task and the methodology used. The Consultant may bill the County for a one-time payment as specified for Subtask IV. D. in Appendix B. Task V. The Consultant will create a "Hot Spot" List A. Using wastewater loadings determined in Sub-task III. C. 5. And C., and a general assessment of stormwater nutrient loading, Consultant will create a water quality "hot spot" list confined or nearshore waters. At a minimum, the Consultant consider the following in preparation of the "hot spot" list: IV, the for will 1. Known potable water flows; the proportion of cesspools, septic tanks (permitted OWTS), ATUs, and package WWTPs; and the number of lots smaller than 0.25 acre; 2. Documented evidence of water quality problems; 3. Developed canals with poor circulation or water exchange characteristics; 4. Development and wastewater loading density; and 5. The percent of build-out presently attained (i.e., the potential for future development and increased adverse water quality impacts) . B. The Consultant will prepare an Arc Info map of "hot spots" keyed to the list prepared in Sub-task IV. A. C. The Consultant will compare the list prepared in this study to the list of "hot spots" identified in the Phase I and II reports of Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 16 the Water Quality Protection Plan and modifications proposed by the South Florida Water Management District. D. This is a Contract Deliverable as identified in Appendix B. As a Contract Deliverable, the Consultant will prepare Technical Memorandum No.4.: "Delineation of Water Quality 'Hot Spots'," which summarizes the results of this task and the methodology used. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask V. D. in Appendix B. Task VI. The Consultant will prepare an inventory of existing wastewater treatment plants (WWTPs) A. The consultant will evaluate each of the approximately 250 wastewater treatment plants (WWTPs) under FDEP jurisdiction in the unincorporated areas of Monroe County, excluding the Marathon Facilities Plan study area (from the Seven Mile Bridge to Conch Key). Evaluations of the 74 facilities with permitted capacities greater than or equal to 0.020 million gallons per day (MGD) must include a field evaluation by the Consultant (a certified engineer with experience in wastewater engineering). Evaluation of the remaining facilities with permitted capacities less than 0.020 MGD may be based on information obtained from FDEP. Facility evaluations must include the following: 1. The FDEP ID number, 2. The permitted capacity, 3. The average daily flow, 4. The maximum 3-month average daily flow, 5. The facility age and condition of primary components, 6. The potential for expansion of facility, and 7. The existing or potential reuse, The Consultant will include information similar to that developed for the Marathon Area Wastewater Facilities Plan in the final tabulation. This is a Contract Deliverable as identified in Appendix B and will be met by providing the County with a report documenting the existing character of package plants throughout the unincorporated Keys area. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask VI. A. in Appendix B. B. The Consultant will locate each WWTP (including Marathon area WWTPs) on the Arc Info base map by determining the RE number of the parcel on which it is located. The Consultant will provide this information to the County in a database or spreadsheet for future Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 17 reference to an Arc Info parcel map. C. Based on information available in FDEP files and provided by FDEP personnel, the Consultant will compile a summary of current, sampling history, violations, consent orders, current enforcement actions, and relevant special permit conditions that may impact the continued operation of any of the WWTPs. D. This a Contract Deliverable as identified in Appendix Bj the Consul tant will prepare Technical Memorandum No.5.: "Evaluation of Existing Wastewater Facilities," which summarizes the WWTP inventory and the methodology used in developing the inventory. The Consultant may bill the County for a one-time payment as specified for Subtask VI. D. in Appendix B. Task VII. The Consultant will provide an analysis of wastewater collection system alternatives A. The Consultant will provide an evaluation of applicable wastewater source collection and transmission technologies to facilitate evaluation of centralized wastewater collection and treatment alternatives for the wastewater study areas and for comparison with onsite system alternatives identified in Task VIII. At a minimum, this discussion should include gravity sewers, "simplified" gravity sewers, small-diameter gravity sewers, septic tank effluent pumps (STEP), grinder pumps, and vacuum systems. B. The Consultant will provide an evaluation of existing wastewater collection systems and an assessment of the degree to which they could be utilized in alternatives that involve central wastewater collection and treatment. C. The Consultant will analyze potential wastewater collection alternatives for each of the wastewater study areas identified in Sub-task IV. A. A minimum of three of the most promising collection alternatives (or combinations of alternatives) for the size and characteristics of the wastewater study area must be evaluated for each area. Evaluation of collection system alternatives should address the following: 1. The maximum reasonable utilization of existing wastewater collection facilitiesj 2. The use of approachesj centralized, clustered, and decentralized 3. The inclusion of "hot spots" into the system in areas where onsite systems may be difficult to utilizej and 4. An evaluation of benefits, feasibility, and cost for the 20- year planning period. D. This is a Contract Deliverable as identified in Appendix B. As a Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 18 Contract Deliverable, the Consultant will prepare Technical Memorandum No.6,: "Collection System Alternatives," summarizing the results of this task and the methodology used. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask VII. D. in Appendix B. Task VIII. The Consultant will assess available wastewater treatment technologies for their ability to reliably and consistently provide a desired load reduction (AWT can be the reference standard). Wastewater treatment technologies will include cesspools and illegal septic systems, permitted septic systems, aerobic treatment units, advanced wastewater treatment technologies for onsite systems, including results of the Big Pine demonstration project, and secondary and advanced wastewater treatment technologies for local, sub-regional or regional wastewater treatment plants. A. The Consultant will assess Onsite Wastewater Treatment Systems (OWTS) as follows: 1. The Consultant will review current literature, contact manufactures and other experts in the field, and develop a list of onsite wastewater treatment technologies which are or could be suitable for use in the Keys. The assessment will include technologies capable of advanced wastewater treatment (AWT) and will include information which becomes available through the HRS demonstration project on Big Pine Key, and will consider systems or technologies identified by stakeholders and through the public outreach program. This is a Contract Deliverable as identified in Appendix Band will be met by providing a report to the County which includes the information noted and required in Subtask VIII. A. 1. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for this Subtask in Appendix B. 2. The Consultant will obtain data and available information on technologies identified in Sub-task VIII. A. 1. In the following areas: Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM a) b) The stage of development of each (research/experimental, prototype, available) ; The Wastewater Treatment performance (CBODS' TSS, TN, TP, Bacteria) that each technology is capable of, especially under field conditions in the Florida Keys; The range of flow for which technology is capable of meeting treatment levels identified above; The residuals quantity and quality, and methods of residuals handling and disposal; The capital cost of technologies that could be expected if installed in the Florida Keys; The estimated operation and maintenance costs of each technology; technology commercially c) d) e) f) 19 g) The level of operation and monitoring required; h) The site/implementation requirements; i) The owner acceptance of each technology; and j) A list of actual installations with performance data for each technology, if available. This is a Contract Deliverable as identified in Appendix B and will be met by providing a report to the County that includes the information required in Subtask VIII. A. 2. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask VIII. A. 2. in Appendix B. 3. Based on the data collected in Sub-tasks VIII. A. 1. and 2., the Consultant will prepare a cost benefit analysis measuring the effectiveness of each technology for new construction. a) The Consultant will determine present worth uniform annual cost using a discount rate adopted by Monroe County staff and the SWMP TAC over a 20-year planning period. b) The Consultant will also evaluate cost on a nutrient removal mass loading basis (i.e. cost per mass of TN, TP removed) . c) The Consultant will then rank technologies cost benefit effectiveness. 4. Based on the data collected in Sub-tasks VIII. A. 1. and 2., The Consultant will prepare a cost effectiveness analysis for each technology for the potential retrofit of existing establishments. The Consultant will also evaluate cost on a nutrient mass loading basis (i.e. cost per mass of TN and TP removed) and then rank technologies on a cost effectiveness basis. 5. As a Contract Deliverable as identified in Appendix B; the Consul tant will prepare Technical Memorandum No.7.: "Assessment of On-site Wastewater Treatment Systems" which contains and summarizes the results of the OWTS technology assessment and cost analyses. These results will be used in the service area analyses to evaluate appropriate treatment technologies for each area. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask VIII, A 5. in Appendix B. 6. During the 2-year study period, other OWTS treatment systems, or "black boxes", will be proposed from time to time. The Consultant will review and assess as many as six (6) "black boxes" when requested by Monroe County and provide a brief letter report for each "black box" assessed. Should it be the desire of the Board of County Commissioners to assess additional "black boxes," additional costs (separate from this Scope of Work) will be assessed on an hourly basis, Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 20 predicated upon how much information is provided to the Consultant with which the Consultant can make an evaluation. a) At a minimum, the following information must be contained in the Consultant's report and evaluation of the "black box:" (1) The stage of development of each technology (research/experimental, prototype, commercially available); (2) The Wastewater Treatment performance (CBODS' TSS, TN, TP, Bacteria) that each technology is capable of, especially under field conditions in the Florida Keys; (3) The range of flow for which technology is capable of meeting treatment levels identified above; (4) The residuals quantity and quality, and methods of residuals handling; (S) The capital cost of technologies that could be expected if installed in the Florida Keys; (6) The estimated operation and maintenance costs of each technology; (7) The level of operation and monitoring required; (8) The site/implementation requirements; (9) The owner acceptance of technologies; and (10) A list of actual installations with performance data for each technology. As a Contract Deliverable as identified in Appendix B, the Consultant will submit a report for each "Black Box" reviewed. The Consultant may bill the County up to six (6) times, once for each "Black Box" reviewed, and therefore, each report submitted, at one sixth (1/6) of the cost specified in Subtask VIII. A. 6. in Appendix B. The Consultant will not receive payment for more than the number of reports submitted. B. The Consultant will complete an assessment of secondary and advanced wastewater treatment technologies for local, sub-regional or regional wastewater treatment plants. This assessment will draw from Project II of this contract and from the Marathon Wastewater Facilities Plan. See the associated Scope of Work for Project II. 1. The Consultant will complete an assessment of capital and operation and maintenance costs and degree of treatment for each technology. This information will be used in the Service Area analysis (Task XII) . 2. As a Contract Deliverable as identified in Appendix B; the Consultant will prepare Technical Memorandum No.8: "Assessment of Secondary and AWT Wastewater Treatment Technologies," which summarizes the technologies along with the associated costs for each technology. Upon completion Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 21 and delivery, the Consultant may bill the County for a one- time payment as specified for Subtask VIII. B. 2. in Appendix B. Task IX. The Consultant will assess available effluent management technologies and alternatives to reliably and consistently dispose of treated wastewater effluent. Emphasis will be placed on taking advantage of environmentally beneficial water reuse or recycling to the greatest extent feasible and cost effective. A. All Technologies that have application will be reviewed for the full range of applications from single family onsite systems to regional or sub-regional systems. Technologies will be assessed for costs, feasibility, risk, and net benefits, and will at a minimum include: underground disposal through subsurface disposal (onsite systems), underground injection through shallow wells (Class V), underground injection through deep wells (Class I), surface water disposal, reuse by subsurface application (package plants), reuse in spray irrigation or land applications, and any other reuse or recycling technologies as identified by the Consultant, the County, or in the public outreach program. B. As is a Contract Deliverable as identified in Appendix B; the Consultant will prepare Technical Memorandum No.9.: "Effluent Management Technologies," which summarizes the range of technologies along with the associated costs for each technology. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask IX. B. in Appendix B. Task X. The Consultant will assess available solids management technologies and alternatives for the wide range of systems from single family onsite systems to regional or sub-regional systems to be considered in this contract. A. The Consultant will evaluate different technologies and develop costs for each technology which will be used in screening solids management approaches appropriate for each island. B. As a Contract Deliverable as identified in Appendix B; the Consul tant will prepare Technical Memorandum No. 10.: \ \ Solids Management Technologies," which summarizes available technologies along with the associated costs for each technology. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask X. B. in Appendix B. Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 22 Task XI. C. As a Contract Deliverable as identified in Appendix B; upon completion of the Service Area Analysis (Task XII), the Consultant will assess solids management alternatives and develop a recommended solids management plan and report for the entire Keys area. The recommendations from this report will be incorporated as part of the Draft and Final Sanitary Wastewater Master Plan. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask X. C. in Appendix B. Wastewater Facility Siting Analysis A. For each wastewater study area identified in Sub-task IV, A., the Consultant will identify and evaluate potential wastewater treatment plant sites to facilitate evaluation of centralized wastewater treatment alternatives for the wastewater study areas in comparison with onsite system alternatives. The size of the potential sites must be appropriate to accommodate development of a treatment facility sized to serve the wastewater study area or other designated service area, as determined by the alternatives analysis Task XII. Selection of the potential WWTP sites should be based on a qualitative analysis, considering the following types of information: 1. Existing and future land use; 2. Adjacent land uses; 3. Development constraints including: a) b) Habitat Character; Whether or not the site is within either system or a defined C.A.R.L. land acquisition the CBRS boundary; 4 . Ownership; 5. Proximity to the potential service area; 6. Assessed value. Potential WWTP sites selected for each wastewater study area will located on the Arc Info base map. Areas included in the Coastal Barrier Resources System (CBRS) will not be considered for WWTP siting. Site evaluations will be based entirely on available maps, Monroe County Arc Info data, and other records; and will not include field assessment or verification. B. The Consultant will evaluate the feasibility of locating pump stations, vacuum stations, and other wastewater facilities. Appendix A - Scope of Work SWMP129a , doc 07/02/97 5:42 PM 23 C. As a Contract Deliverable as identified in Appendix B; the Consultant will prepare Technical Memorandum No. 11.: "Wastewater Facility Siting Analysis," summarizing results and the methodology used. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XI. C. in Appendix B. Task XII. The Consultant will develop a service area analysis based upon cost of technology versus benefit in wastewater nutrient reduction. A. The Consultant will define service areas and service area standards. 1. There may be several types of service areas, such as, but not limited to: a) Regional & Sub-regional; b) Local; c) On-Site; and d) Mixed (Local and On-site) . 2. The Consultant will define the requirements for each type of service area: a) Type of treatment system required; and b) Quality of effluent required B. The Consultant will complete comprehensive and detailed comparisons of various alternatives for making wastewater improvements to specified areas in the Keys or for particular types of service areas. 1. Comparisons may range from simply the cesspools to regional centralization. complete a pros and cons assessment of replacement of illegal The Consultant will each, including: a) An assessment of nutrient load reductions and a projected overall cost of each approach; b) An analysis of the pros and cons concerning systems operation, maintenance, and water quality benefits (in terms of load reduction) ; c) An assessment of capital costs, operation and maintenance costs, and a present worth analysis. The present worth analysis will use a 20-year planning period and a discount rate adopted by Monroe County staff and the Sanitary Wastewater Master Plan Technical Advisory Committee (SWMP TAC) . 2. Wastewater Study Areas will consist of the following: a) Stock Island (City of Key West and Monroe County)/Key Haven Boca Chica NAS/Rockland Key/Big Coppitt/Geiger Key b) Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 24 c) Combinations of a) and b), considering current reuse practices. d) Combinations of a) and b) as an extension of the City of Key West Service Area, considering current reuse practices. e) Bay Point f) Lower Sugarloaf g) Upper Sugarloaf h) Cudjoe Key i) Summerland Key j ) Ramrod Key k) Middle Torch/Little Torch Key 1) Big Torch Key m) Big Pine Key as 3 sub-areas n) Big Pine Key as a single area 0) Combinations of e) through n) p) Bahia Honda/Ohio Key q) Marathon (Primary Service Area of Marathon Facilities Plan) - OWTS costs will be updated r) Secondary Service Area of Marathon Facilities Plan - OWTS cost will be updated. As a result of these updated costs, recommendations for the Secondary Service Area will be re-evaluated. s) Long Key (to Fiesta Key) t) Lower Matecumbe (including Craig Key) u) Upper Matecumbe v) Windley Key w) Plantation Key x) Tavernier/Key Largo subdivided into Planning Area/Enumeration District (PAED')15 y) Tavernier/Key Largo subdivided into PAED 16 z) Tavernier/Key Largo subdivided into PAED 17 aa) Tavernier/Key Largo subdivided into PAED 18 bb) Tavernier/Key Largo subdivided into PAED 19 and 20 cc) Combinations of s) through aa) dd) Ocean Reef Club, considering current reuse practices ee) PAED 21, excluding Ocean Reef Club ff) PAED 22 3. Wastewater management alternatives that will be evaluated will consist at a minimum of the following : a) Replacement and upgrade of all illegal OWTS (cesspools and illegal septic systems) with the Best Available Technology (BAT) i b) Replacement and upgrade of all illegal OWTS (cesspools and illegal septic systems) with the Best Available Onsite Wastewater Nutrient Removal System (BAOWNRS)i c) Replacement and upgrade of all illegal OWTS (cesspools and illegal septic systems) with BAOWNRS, upgrade existing permitted OWTS with BAOWNRS, and upgrade existing package plants to AWT (or replace existing package plants with AWT plants) i Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 25 d) Provide the recommended sewage collection system (from Task VII) and a secondary WWTP with Class V injection wells or other effluent disposal alternatives. Wastewater reuse will be evaluated depending on existing reuse practices and the demand for reuse. e) Provide the recommended sewage collection system (from Task VII) and an AWT WWTP with Class V injection wells or other effluent disposal alternatives. Wastewater reuse will be evaluated depending on existing reuse practices and the demand for reuse. f) Extend service areas of up to 15 existing WWTPs that have available excess capacity and are capable of being expanded. Continue use of existing Class V injection wells, or where Class V injection wells do not exist, provide Class V injection wells or other effluent disposal alternatives. Estimated costs for sewers to extend service areas will be based on unit costs developed in Task VII, and will not involve detailed quantity take offs. g) Extend service area of up to 15 existing WWTPs that have available excess capacity and are capable of being expanded and upgrade existing WWTPs to meet AWT effluent standards. Continue use of existing Class V injection wells, or where Class V injection wells do not exist, provide shallow Class V wells or other effluent disposal alternatives. Estimated costs for sewers to extend service areas will be based on unit costs developed in Task VII, and will not involve detailed quantity take offs. h) For some smaller isolated areas, up to 10,000 gpd flow, provide a sewage collection system and a cluster OWTS system using BAOWNRS, Estimated costs for sewers will be based on unit costs developed in Task VII, and will not involve detailed quantity take offs. As many as four cluster systems will be evaluated. 4. As a screening process: a) At a minimum, wastewater management alternatives a) through e) of Sub-task XII, B. 3. will be evaluated for five representative wastewater study areas, ranging from least developed to most densely developed. This Contract Deliverable as identified in Appendix B and will be met by providing a report to the County which outlines the findings of the preliminary wastewater management screening process. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XII. B. 4. a) in Appendix B. Based on the results of Task XII. B. 4. a), wastewater management alternatives a) through e of Sub-task XII. B. 3. will be evaluated for an additional 65 wastewater study areas. This is a Contract b) Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 26 Deliverable as identified in Appendix B and will be met by providing a report to the County which outlines the findings of the preliminary wastewater management screening process. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XII. B. 4. b) in Appendix B. 5. The Consultant will evaluate combinations of wastewater study areas described in Sub-task XII. B. 2., using the wastewater management alternatives a) through e) described in Sub-task XII. B. 3. Up to 40 combinations of study areas will be evaluated. This is a Contract Deliverable as identified in Appendix B. The Consultant will provide a report outlining the findings of the evaluation process noted in the Subtask. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XII. B.S. in Appendix B. a) Where Alternatives d) and e) of Sub-task XII. B. 3. are evaluated and where average annual flows are greater than 0.5 mgd, the same Alternative d) or e) will be evaluated but deep injection wells will replace shallow injection wells. This alternative, XII. B.S. a) will be evaluated in no more than 24 cases, 6. The Consultant will recommend wastewater treatment alternatives for each type of service area proposed. a) Based on evaluations conducted in Sub-tasks XII. B. 3., 4. and 5. above, The Consultant will recommend the establishment of service areas based on projected wastewater flow densities; number of lots sized at less than 1/4 acre; economic considerations regarding wastewater collection, treatment and disposal; and availability of WWTP sites. Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM (1) Economic considerations will include cost effectiveness and incremental cost analysis and will be addressed as follows: For each Wastewater Study Area or service area, planning and construction level capital and operating cost estimates for wastewater management alternatives prepared in Task XII. B. 3. will be used. The life cycle costs of these alternatives will then be compared using cost effectiveness analysis. The cost effectiveness analysis will determine which alternatives are the least costly means of achieving specific levels of service (e.g. level of nutrient removal, etc.) To the extent that alternatives may provide differing levels of service, incremental cost analysis will be used to estimate the additional incremental cost of 27 providing successively higher levels of service (e.g. a higher percentage of nutrient removal). The incremental costs will be expressed in absolute dollars as well as in terms of their estimated cost per customer, per thousand gallons of wastewater treated, and their cost per pound of TN or TP removed. The incremental cost analysis will thereby provide decision makers with a clear understanding of the additional costs that would be incurred to provide additional system capacity, achieving a higher level of nutrient removal or changes in other measures of service. 7. As a Contract Deliverable as identified in Appendix Bi the Consultant will prepare Technical Memorandum No, 12. : "Service Area Alternatives and Recommendations" which summarizes recommendations for service area types and the basis for those recommendations. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XII. B. 7. in Appendix B. Task XIII. The Consultant will develop strategies for timing and implementation in each type of service area. Particularly, the goal shall be to minimize redundancy of expenditures to upgrade illegal or failing systems. A. The Consultant will prioritize the improvements and upgrades proposed in each service area type relative to other service area types. B. The Consultant will assist the County in developing and implementing agreements between relevant agencies with responsibility to carry out the program (FDEP, FHRS, Monroe County, FKAA) . C. The Consultant will consider and integrate the programs developed for the cesspool replacement project required Governor's Executive Order 96-108 and Rule 28-10.100. being under D. The Consultant will assess the flexibility of wastewater systems reviewed to meet higher effluent standards should carrying capacity analyses determine that a higher standard is necessary. E. As a Contract Deliverable as identified in Appendix Bi the Consul tant will prepare Technical Memorandum No. 13 . : "Service Area Implementation Plan" which summarizes recommendations for the timing and prioritization of wastewater treatment improvements, Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XIII. E. in Appendix B. Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 28 Task XIV. Develop an assessment and wastewater system management, responsibilities. recommendations for operation and service area administrative A. The Consultant will be responsible to set up necessary meetings between the County and relevant agencies including FKAA and to act as a liaison between these agencies; a catalyst for decision making which will lead to the approval of a management or multiple management authorities for handling wastewater in areas recommended to collection systems or even OWTS. B. The Consultant shall integrate the requirements of individual on- site OWTS operating permits or package plant operating permits as they exist today or are being developed into the overall administrative management scheme for the Keys overall. Thus, the plan for management, operation, and maintenance should also extend to individual residential and commercial property owners. C. As is a contract Deliverable as identified in Appendix B; the Consultant will prepare Technical Memorandum No. 14.: "Wastewater Management and Administration Plan, " which summarizes recommendations for the management of all service area types, identifying the entity or entities that will be responsible for wastewater management and administration. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XIV, C, in Appendix B. Task XV. The including concerning management Consultant will develop a utility financing plan analysis, an assessment, recommendations, and implementation plan individual and utility system financing for wastewater technologies and proposed service area types. A. One of the primary concerns in evaluating the alternatives is that the selected combination of wastewater management approaches must not result in unreasonable charges to the utility's customers. The Consultant will complete a fiscal impact analysis and will estimate the impact on typical user bills and on the utility's financial performance (debt coverage, fund balances, etc.) of the recommended alternatives and funding and financing options, Direct charges to users for septic tank improvements etc. will also be estimated. "What if" analyses will then be used by the Consultant to adjust project schedules and use of funding options to develop a fiscal plan that helps to minimize the resulting impacts on users, while still meeting the treatment and disposal needs and goals. The fiscal plan will thus provide a clear work plan for the financing, funding and construction of improvements and other activities. A strict time schedule may not be warranted for this program, however, a clear plan showing what each step in the process is and where to go next should prove very valuable. The fiscal planning information will also be very useful in efforts to obtain funding from State and Federal Agencies, legislatures, banks or when issuing bonds. This is a Contract Deliverable as identified in Appendix B and will be met by providing the County with a report Appendix A - Scope of Work SWMPl.29a,doc 07/02/97 5:42 PM 29 that establishes comprehensive financing plan analysis. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XV, A. in Appendix B. B. The Consultant will review and evaluate options for the recommended al ternati ve alternatives, such as: funding and financing or combination of 1. Traditional financing options for initial capital development include general obligation and revenue bonds, state revolving funds loans, loans from commercial banks and grants from federal and State agencies. 2. Typical options for providing continuing funding for operating expenditures, debt retirement, etc. include rates, fees, assessments and taxes. 3. Some wastewater treatment alternatives could involve direct funding and financing of improvements by the users (septic tank improvements etc.) 4. In addition to these traditional funding and financing options, other funding and financing options may be investigated, such as seeking direct funding from State or Federal legislatures, establishing a loan or fund for deferring assessments including low income or fixed income residents perhaps until they sell their home. Each of the funding and financing options will be evaluated by the Consultant with regard to various criteria of importance to Monroe County. Specific criteria for this evaluation could include among others: a) Revenue Adequacy; b) Revenue Stability; c) Legal Considerations; d) Matching fund requirements; e) Equity; f) Incentives for reducing Waste Loads; and g) Incentives for eliminating Cesspools. The Consultant will meet with the County to identify the criteria to be used for evaluating the funding and financing options. The resulting analysis will allow the identification of those financing and funding options that best meet the County's specific needs and goals, and will allow the focus of efforts on obtaining those sources of funding which provide the best opportunity for success. Plans for obtaining the preferred sources of funding and financing will then be developed by the Consultant. Contingency plans will also be developed in case the County is unable to obtain the level of funding desired from preferred sources. This is a Contract Deliverable as identified in Appendix B and will be met by providing a report to the County which outlines in detail Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 30 the information and recommendations required as a part of this Subtask. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XV. B, in Appendix B. C. The Consultant will assist in the identification of potential funding sources and in efforts to see identified funds committed to the County's implementation of the Sanitary Wastewater Master Plan. This includes a commitment to work with State and Federal legislatures to assess potential funding and to see it committed to Monroe County. Services under this Sub-task will be performed in a two phased approach. The first phase will be intended to develop a Wastewater Infrastructure project proposal(s), and the second phase will be intended to provide funding assistance and negotiations with appropriate parties and agencies. 1. The Consultant will review and consolidate the history and background of the County's Wastewater Infrastructure, past projects, compliance information, and other appropriate historic information to form the basis of the project proposal (s) . 2. The Consultant will research the elements that led past successful projects to win similar state and federal grants. Specifically, the Consultant will review available information on the last five federal EPA budget line item grant projects and other state funded initiatives. Cumulati vely, Subtask XV. C. 1. and 2, are one Contract Deliverable which will be met by providing a report to the County which outlines the work and findings required in these two Subtasks. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtasks XV. C. 1. and 2. in Appendix B. 3. The Consultant will conduct up to three meetings with the County to explore potential financing alternatives and strategies for packaging the proposal(s). 4. The result of the work and meetings noted above will the development of draft financing proposal(s) for review by the County and the presentation of final draft proposal, a) As is a Contract Deliverable as identified in Appendix B, three separate funding proposals will be prepared. A total of twenty (20) copies of each proposal will be submitted. The Consultant will meet with the County within four weeks to discuss written review comments provided by the County. Upon completion and delivery, the Consultant may bill the County for the draft proposals in a one-time payment as specified for Subtask XV. C. 4. a) in Appendix B. The Consultant will incorporate comments and will prepare twenty (20) copies of the final proposals for b) Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 31 use in soliciting funding sources. Upon completion and delivery, the Consultant may bill the County for the final proposals in a one-time payment as specified for Subtask XV. C. 4. b) in Appendix B. 5. The Consultant will prepare a funding source screening report. The funding source screening report is expected to contain a comprehensive listing, program description, and past winning strategies for funding programs available from state and federal agencies, This effort will include contacts and follow up using the following funding approaches: a) Requests for demonstration moneys from U.S. EPA Research and Development programs being proposed in the drat amendment to the Clean Water Act; b) Use of Coastal Zone Management moneys due to inadequate facilities; c) Use of State legislative initiatives; d) Use of Federal legislative initiatives; e) Use of the Federal Authorization and Appropriation processes; f) Use of State and Federal Economic and Business Development initiatives; g) Use of State and Federal Wastewater Infrastructure and other Public Works Funding Programs; and h) Use of the U. S . Department of Agriculture's Farmers Home Administration and Rural Development Wastewater Infrastructure funding programs. The Draft Screening Report is a Contract Deliverable as identified in Appendix B. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XV. C. 5. in Appendix B. 6. The Consultant will submit twenty (20) copies of the draft screening report to the County. The consultant will hold two meetings with the County to review the funding screening report if needed. The Consultant will incorporate comments from these meetings into a final draft report for presentation and approval by the Board of County Commissioners. Board of County Commissioners comments will be incorporated and forty (40) copies of the final report will be provided to the County by the Consultant. The Final Screening Report is a Contract Deliverable as identified in Appendix B. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XV. C. 6. in Appendix B. 7. The Consultant will work with County designees to present funding proposal (s) to appropriate entities. This is a Contract Deliverable as identified in Appendix B and will be met by submitting up to three (3) quarterly reports outlining the character and outcome of meetings attended at Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 32 the State and Federal level on the County's behalf. The Consultant will also make recommendations for future action based on the outcome of meetings attended to date. Upon completion and delivery, the Consultant may bill the County for up to three (3) quarterly reports, each at one third (1/3) the cost specified for Subtask XV. C. 7. in Appendix B. 8. The Consultant will assist with application preparation, continued funding screening efforts based on the outcome of the Sanitary Wastewater Master Plan, and with presentations of these proposals. This is a Contract Deliverable as identified in Appendix B and will be met by submitting up to three (3) quarterly reports outlining progress on the development of proposals and the character and outcome of meetings attended at the State and Federal level on the County's behalf with regard to these proposals. The Consultant will also make recommendations for future action based on the outcome of meetings attended to date, The Consultant may bill the County for up to three (3) quarterly reports, each at one third (1/3) the cost specified for Subtask xv. C. 8. in Appendix B, D. As a Contract Deliverable as identified in Appendix B; the Consultant will prepare Technical Memorandum No. 15: "Wastewater Treatment Financing Plan," which provides recommendations for funding wastewater treatment improvements in all service area types. Upon completion and delivery of the final report, the Consultant may bill the County for a one-time payment as specified for Subtask xv. D. in Appendix B. Task XVI. The Consultant will provide technical assistance to the County concerning changes in legislation and regulations necessary to implement the Sanitary Wastewater Master Plan. During Phases A and B of the development of the Sanitary Water Mater Plan, the Consultant will review existing federal, state, regional, and local laws, ordinances, regulations, and policies that pertain to wastewater management in Monroe County. The review of statutory and regulatory requirements is needed to identify which if any need to be formally modified to allow and/or support implementation of the recommendations ultimately recommended in the Master Plan. As applicable during Phase D of the Master Plan effort, if sufficient modifications are needed, technical assistance shall be provided to the County in the form of engineering, scientific, and legal consultations designed to guide the County's efforts in this general area of regulatory changes. A. As part of one of the early SWMP TAC meetings, the Consultant will meet with the County with the objective of identifying specific concerns of the County and/or members of the SWMP TAC regarding potential statutory or regulatory constraints of Master Plan implementation. This meeting will be attended by representatives that will lead any subsequent review of existing regulatory Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 33 programs and/or efforts directed at program modifications to facilitate Master Plan implementation. To the extent possible, this meeting will be coordinated with other meetings planned as elements of other program tasks in order to ensure concurrent review of critical issues. As a Contract Deliverable as identified in Appendix B; the Consultant will provide a meeting summary detailing the topics discussed, the specific statutory or regulatory programs/documents to be reviewed in detail, and the schedule projected for completion of the task falling under the legal/regulatory review category, Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XVI. A. in Appendix B. B. The Consultant will conduct a thorough review of existing federal, state, regional, and local programs which pertain specifically to wastewater management and/or receiving water quality protection in Monroe County with the objective of identifying which if any of these might impact Master Plan implementation. It is currently envisioned that the review will be led by an environmental attorney, supported as applicable by Consultant engineers, scientists, and planners, and that the review will be conducted during the course of Phases A and B of the Master Plan effort in order to determine if legal/regulatory criteria should be incorporated into the decision making model to be applied in wastewater strategy development for the various service areas within the County. As a Contract Deliverable as identified in Appendix B; the Consultant will prepare Technical Memorandum No. 16: "Review of Agency Statutes and Regulations," which will summarize the key findings of this review, and identify any specific actions considered to be necessary to facilitate Master Plan implementation. These actions could potentially include modifications of existing rules or regulations pertaining to wastewater management within the County or State. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XVI. B. in Appendix B. C. Legislative Liaison/Support Some of the actions that may be identified during the course of the preceding legal/regulatory review task could include changes to existing County laws and/or environmental management regulations applicable in the State of Florida. As applicable, the County may authorize the Consultant to draft proposed modifications to existing statutes, or to prepare drafts of new proposed legislation designed to support Master Plan implementation. Support service could potentially include technical support during County meetings with members of the Florida Legislature, in the interest of clearly communicating the County's program elements and needs. Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 34 The specific services remain to be defined; if such services are elected by the County, a scope of service revision for Task XVI, Subtask C. will be developed and approved in writing by the Board of County Commissioners prior to initiating such support. D. Rulemaking Support Some of the actions that may be identified during the course of the preceding legal/regulatory review task could include changes to existing County laws and/or environmental management regulations applicable in the State of Florida. As applicable, the County may authorize the Consultant to draft proposed modifications to existing portions of the Florida Administrative Code, or to prepare drafts of new ordinances or regulations designed to support Master Plan implementation. Support services could potentially include informational meetings with representatives of the Florida Department of Environmental Protection, the Florida Department of Health and Rehabilitative Services, the U.S. Environmental Protection Agency, and other agencies involved at the federal, state, regional, or local level in environmental regulatory programs pertaining to either wastewater management or receiving water quality protection and enhancement. The specific services remain to be defined; if such services are elected by the County, a scope of service revision for Task XVI, Subtask D. will be developed and approved in writing by the Board of County Commissioners prior to initiating such support. Task XVII. In addition to the specific development of the Sanitary Wastewater Master Plan, the Consultant will be required to integrate into the Plan's development, any available information and work products from the development of the Marathon Wastewater Facilities Plan, or the Big pine Key On-site Sewage Disposal System Demonstration Project, the Stormwater Master Plan, and any project in the study area whose purpose it is to assess the capability of existing or proposed wastewater treatment systems to meet a nutrient removal standard, and any project whose purpose it is to assess the impacts of wastewater or stormwater on groundwater and nearshore waters and marine resources. The Consultant must also coordinate with other agency efforts so that the information and data created as part of the Sanitary Wastewater Master Plan can be effectively and efficiently integrated into the efforts of the County to develop a Stormwater Master Plan, of the State to develop a Total Maximum Daily Load (TMDL) model for the Keys, or the Army Corps of Engineers, in cooperation with the State and the County, to develop a Florida Keys Carrying Capacity Model. As a contract Deliverable as identified in Appendix B; the Consultant will prepare Technical Memorandum No. 17: "Overview of Other Wastewater Management Work," which outlines the effort to integrate information becoming available from other projects and the effort to ensure that data and information made available through the Sanitary Management Plan is compatible with the needs of other projects. Upon Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 35 completion and delivery, the Consultant may bill the County for a one- time payment as specified for Subtask XVII. in Appendix B. Task XVIII. The Consultant will periodically meet with the Monroe County Sanitary Wastewater Master Plan Technical Advisory Committee (SWMP TAC) for technical assistance and inform the Monroe County Board of Commissioners and the Water Quality Protection Plan Steering Committee of progress, conclusions, and recommendations reached in completing Tasks I - XVII. A. Over the course of the approximate 2-year contract, it is expected that the SWMP TAC will meet approximately six (6) times, excluding decision analysis workshops. The Consultant will be required to attend each of these meetings. This is a Contract Deliverable. The consultant is require to meet with the SWMP TAC up to six (6) times. Upon delivery of a letter confirming attendance, the Consultant may bill the County for each meeting it attends up to six (6) at one sixth (1/6) the cost specified for Subtask XVIII. A. in Appendix B. B. The BOCC meets monthly. Over the course of the roughly two year contract the BOCC will meet 24 timesj there also will most likely be up to four (4) special BOCC meetings (exclusive of the public outreach programs and decision analysis workshops) specifically relating to the sanitary wastewater master plan. The Consultant will be required to attend each of these meetings for which there is an up-date item or specific report on the BOCC agenda. This is a Contract Deliverable. 1. The consultant is required to meet with the BOCC up to twenty-four (24) times in regular session. Upon delivery of a letter confirming attendance, the Consultant may bill the County for each meeting it attends up to twenty-four (24) at one twenty-fourth (1/24) the cost specified for Subtask XVIII. B. 1. in Appendix B. 2. The consultant is required to meet with the BOCC up to four (4) times in special session. Upon delivery of a letter confirming attendance, the Consultant may bill the County for each meeting it attends up to four (4) at one fourth (1/4) the cost specified for Subtask XVIII, 2, B. in Appendix B, C. Over the course of the roughly two year contract the WQPP Steering Committee will meet approximately eight (8) times. The Consultant will be required to attend each of these meeting for which there is an up-date item or specific report on the agenda for the Committee. This is a Contract Deliverable. Upon delivery of a letter confirming attendance, the Consultant may bill the County for each meeting it attends up to eight (8) at one eighth (1/8) the cost specified for Subtask XVIII. C. in Appendix B. Task XIX. As a Contract Deliverable as identified in Appendix B; the Consultant will prepare a draft Sanitary Wastewater Master Plan for Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 36 review and comment by the Sanitary Wastewater Master Plan Technical Advisory Committee, the Water Quality Protection Plan Steering Committee, and the Board of County Commissioners. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XIX. in Appendix B. Task XX. As a Contract Deliverable as identified in Appendix Bj based on the comments of the SWMP TAC, the WQPP SC, and the BOCC, the Consultant will provide 150 copies of the Final Sanitary Wastewater Master Plan to the County. Upon completion and delivery, the Consultant may bill the County for a one-time payment as specified for Subtask XX. in Appendix B. Task XXI. As a Contract Deliverable as identified in Appendix Bj the Consultant will provide monthly reports to Monroe County for the first nine months of the project and quarterly thereafter, Each report must provide progress updates on all Tasks which are under way during the preceding month or quarter, whichever is applicable. Upon completion and delivery, the Consultant may bill the County for each report that it provides up to fourteen (14) at one fourteenth (1/14) the cost specified for Subtask XXI. in Appendix B. Appendix A - Scope of Work SWMPJ.29a,doc 07/02/97 5:42 PM 37 Scope of Work Project 2 Task I. Procure Technical Services Complete procurement of professional services such that the cost for completing individual Sub-tasks (e.g., Task V. .A., below) can be identified and specifically authorized by the Department. The provision for professional services shall be such that any of the Sub-tasks listed under Items II. Through V., selectively and individually, may be accomplished without regard to the order presented below. Task II. Basic Study This is a Contract Deliverable as identified in Appendix B; the Consultant will prepare a report addressing the following for domestic wastewater treatment facilities having design average daily flow capacities greater than 2,000 gallons per day (gpd) and less than or equal to 50,000 gpd and which are designed to provide at least secondary treatment plus nitrogen and phosphorous removal (without the benefit of land treatment) : A. Review available information and develop a list (including manufacturer's names and products) of treatment technologies. B. Document each technology identified in Item II A, above, for new facilities and provide all pertinent information including, at a minimum, the following: 1. Level of treatment (removal percentages and effluent concentrations of CBODs, TSS, TN, TP, and level of disinfection) that the technology is capable of consistently providing when operated under actual field conditions; 2. Flow ranges consistently above; for which meeting the the technology is level of treatment capable of identified 3. Quantity and characteristics of pertinent to compliance with requirements; residuals, including those federal sludge treatment 4. Construction costs; 5. Operation and maintenance costs (including chemical additives, if applicable, and residuals disposal); 6. Process control and instrumentation requirements, especially related to variations in influent wastewater characteristics (flow, concentrations, etc.); 7. Operator staffing requirements; Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 38 8. Monitoring requirements; 9. Environmental considerations ( e.g., site requirements); and 10. List of full-scale facility installations for each technology identified, its location, the name and address of the party responsible for operation and maintenance. C. Evaluate each technology identified in Task II, .A., above, for new installations on both present worth and uniform annual cost bases using a discount rate of six percent over a 20-year planning period. The information developed under Item II. B, above, shall be used in the evaluation. Rank the technologies in terms of cost benefit. D. Evaluate each technology identified in Task II. .A., above, for the purpose of retrofitting different existing secondary treatment technologies (e.g., extended air) to accomplish nutrient removal (without the benefit of land treatment). The costs for construction, operation and maintenance for the retrofitted facilities are to be reported along with the level of treatment to be achieved (see Task II. B. 1., above). The cost impacts of the age of the equipment and structures to be retrofitted shall be addressed. The need for additional land for retrofitted facilities shall be identified. Both present worth and uniform annual costs are to be reported using a discount rate of six percent over a 20-year planning period. Rank the technologies in terms of cost-benefit. E. Upon completion and submittal Subtask, the Consultant may bill as specified for Project 2, Task of the report the County for II in Appendix B. required in this a one-time payment Task III. Supplemental Study Component 1 This is a Contract Deliverable as identified in Appendix B; if completion of any part of this study component is authorized by Monroe County and the Florida Department of Environmental Protection, The Consultant will prepare a report based on on-site investigations of top- ranked technologies (for facilities greater than 2,000 gpd and less than or equal to 50,000 gpd) pursuant to Tasks II. C. and II. D., above, as follows: A. Conduct site visits of as many as ten full-scale installations (as opposed to pilot, research, or experimental facilities) that currently use top-ranked technologies and document pertinent findings including, at a minimum, the following: 1. Operating history of the facility including, at a minimum: Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 39 a) Flow data (peak hourly, minimum hourly, weekly average daily, maximum month average daily, minimum month daily, annual average daily) ; b) Influent and effluent characteristics documenting the level of treatment provided for CBODs, TSS, TN, TP, and disinfection correlated to the above flow data; and c) Quantity and characteristics of residuals generated. 2. Operation and maintenance records (itemized costs, level of staffing provided, level of monitoring provided, etc.); 3. Initial construction costs for the facility or, if the facility was retrofitted, the construction costs associated with retrofitting along with a description of previous facilities that were retrofitted; 4. Other facility specific considerations instrumentation requirements, other environmental impacts, etc.); and (process control and non-water quality 5. Observations of operators regarding problems encountered with the technology. B. Evaluate information gathered and provide recommendations for a demonstration project. Provide an implementation plan conducting the demonstration project including, at a minimum, project costs, implementation steps, and length of time to complete each task. The cost estimate should include potential manufacturer's participation with donated equipment for the project, C. Upon completion and submittal of the report required Subtask, the Consultant may bill the County for a one-time as specified for Project 2, Task III in Appendix B. in this payment Task IV. Supplemental Study Component 2 This is a Contract Deliverable as identified in Appendix B; if completion of any part of this study component is authorized by Monroe County and the Florida Department of Environmental Protection, the Consultant will prepare a report addressing the following for domestic wastewater treatment facilities having design average daily flow capacities greater than 50,000 gallons per day (gpd) and less than or equal to 100,000 gpd and which are designed to provide at least secondary treatment plus nitrogen and phosphorous removal (without the benefit of land treatment) : A. Review available information and develop a list (including manufacturer's names and products) of treatment technologies, B. Document each technology identified in Task IV. A., above, for new facilities and provide all pertinent information including, at a minimum, the following: Appendix A - Scope of Work SWMP129a , doc 07/02/97 5:42 PM 40 1. Level of treatment (removal percentages and effluent concentrations of CBODs, TSS, TN, TP, and level of disinfection) that the technology is capable of consistently providing when operated under actual field conditions; 2. Flow ranges consistently above; for which meeting the the technology is level of treatment capable of identified 3. Quantity and characteristics of pertinent to compliance with requirements; residuals, including those federal sludge treatment 4. Construction costs; 5. Operation and maintenance costs (including chemical additives, if applicable, and residuals disposal); 6. Process control and instrumentation requirements, especially related to variations in influent wastewater characteristics (flow, concentrations, etc.); 7. Operator staffing requirements; 8. Monitoring requirements; 9. Environmental considerations ( e.g., site requirements); and 10. List of full-scale facility installations for each technology identified, its location, the name and address of the party responsible for operation and maintenance. C. Evaluate each technology identified in Task IV. .A., above, for new installations on both present worth and uniform annual cost bases using a discount rate of six percent over 20-year planning period. The information developed under Task IV, B., above, shall be used in the evaluation. Rank the technologies in terms of cost-benefit, D. Evaluate each technology identified in Task IV. .A., above, for the purpose of retrofitting different existing secondary treatment technologies (e.g., extended air) to accomplish nutrient removal (without the benefit of land treatment). The costs for construction, operation and maintenance for the retrofitted facilities are to be reported along with the level of treatment to be achieved (see Task IV. B. 1., above). The cost impacts of the age of the equipment and structures to be retrofitted shall be addressed. The need for additional land for retrofitted facilities shall be identified. Both present worth and uniform annual costs are to be reported using a discount rate of six percent over a 20-year planning period. Rank the technologies in terms of cost-benefit. Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 41 E. Upon completion and submittal of the report required in this Subtask, the Consultant may bill the County for a one-time payment as specified for Project 2, Task IV in Appendix B. Task V, Supplemental Study Component 3 This is a Contract Deliverable as identified in Appendix B; if completion of any part of this study component is authorized by Monroe County and the Florida Department of Environmental Protection, the Consultant will prepare a report based on on-site investigations of top- ranked technologies (for facilities greater than 50,000 gpd and less than or equal to 100, 000 gpd) pursuant to Tasks IV. C. and IV. D., above, as follows: A. Conduct site visits of as many as five full-scale installations (as opposed to pilot, research, or experimental facilities) that currently use top-ranked technologies and document pertinent findings including, at a minimum, the following: 1. Operating history of the facility including, at a minimum: a) Flow data (peak hourly, minimum hourly, weekly average daily, maximum month average daily, minimum month daily, annual average daily) ; b) Influent and effluent characteristics documenting the level of treatment provided for CBODs' TSS, TN, TP, and disinfection correlated to the above flow data; and c) Quantity and characteristics of residuals generated. 2. Operation and maintenance records (itemized costs, level of staffing provided, level of monitoring provided, etc.); 3. Initial construction costs for the facility or, if the facility was retrofitted, the construction costs associated with retrofitting along with a description of previous facilities that were retrofitted; 4. Other facility specific considerations instrumentation requirements, other environmental impacts, etc.); and {process control and non-water quality 5. Observations of operators regarding problems encountered with the technology. B. Evaluate information gathered and provide recommendations for a demonstration project. Provide an implementation plan for conducting the demonstration project including, at a minimum, project costs, implementation steps, and length of time to complete each task. The cost estimate should include potential manufacturer's participation with donated equipment for the project. Appendix A - Scope of Work SWMP129a.doc 07/02/97 5:42 PM 42 C. Upon completion and submittal of the report required in this Subtask, the Consultant may bill the County for a one-time payment as specified for Project 2, Task V in Appendix B. Task VI. A. Project Notes Tasks II through V will all be completed. Tasks II and IV will be carried out simultaneously, as will Tasks III and V. Tasks II and IV, by necessity, will precede Tasks III and V. B. The goal for nitrogen and phosphorous removal is to provide effluent quality at the end of the pipe equivalent to AWT standards (3.0 mg/l Total Nand 1.0 mg/l Total P). However, in a review of manufacturers' data and a literature review, any degree of nutrient removal will be identified and noted. C. Research previously carried out on nutrient removal by package plants will be summarized through a literature review. D. The list of treatment technologies will be reviewed and approved by the County and the SWMP TAC before any further work is carried out. E. The pertinent information provided, including capital and operating costs, will be provided by the manufacturers and/or users of treatment technology. The Consultant will review this information and cost data. The Consultant will supplement this cost data and other information where none is provided and/or adjust as necessary to provide consistency among the different reporting entities. The adjusted cost data will be used for present worth analyses. F. Site visits of facilities will be limited to the continental United States. G. At the conclusion of each of Tasks II, III, IV, and V interim reports will be provided as well as the comprehensive report compiling all reports, Appendix A - Scope of Work SWMP129a,doc 07/02/97 5:42 PM 43 Appendix B Contract Deliverable Time Table 'and Deliverable Cost for Monroe County Sanitary Wastewater ,Master Plan '9 '9 SUnday :4ueust 21 - '" o U ~ t > ;.::I Q) r:l:lQ ~] &~ ~~ Q) ,$ E-< - u OIl ~ o U ;;; o U I ~i~ t;;! ~i -~ -, &1~1 '" Q) ,$ E-< s:: o '';: Q) 'a s o U Q) ';j ,~ o ~ < It._I. "',... "'. ~i ~l 0' Of U')! U')i It')! t-; r-"!! ~f "0 Q) ~ ;.::I ~ o u U ~f- <i <, <':::: ~l =..: r--"::;; ~i ;! y[ '?! :(1;1 G! 51 ~I ~i ~I i-I , , ! l ~! ~j ~i (-0' - -'-'t-'.~-,-', Q) ~ ... ~ ;.::I Cl .... o s:: o '.;: ,~ u '" Q) Q ~i ill :;' l a, .;.,: .;.,: .;.,: o 0; Oi 0: il ililii ll~~~ 131]111]1 ~i ~i ~I ~i , ~ ~ <n .ai ~, 'ii' .: <, ., O! ji~ ;;!; ti ~ ..Iol ~ . .... ... .... ..; ;!: ... 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'" '" '" '" :5 :5 :5 :5 :5 I; 0 0 0 s S :6 :6 :6 .., ~ .., ... " " " " " CIl CIl CIl CIl il CIl II ~ I 'f i '" " " i e .. .. 1 1 ll: ll: ll;' ..Iol t t (00 (00 .. ~ i ~ ~ ... ... 'Ci ! " :lI: } :! (00 " " ... ~ .:= .. " .. " .., .., .. u c!i <0: " " ~ CIl CIl ... ..Iol il ~ ~ ~ ~ 'eo ~ >< '" = - > '<l' 3 i .~ ;g '" = . " ~ ~ '" ~ ~ v '" x ;;~ ='" ~~ <~ Appendix C Monroe County insurance Requirements and Provisions 1996 Edition RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this Contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any. attached schedules, which are made part of this Contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this Contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this Contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance either: . Certificate of Insurance or Administration Instruction #4709.2 1 1996 Edition . A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from the liability or obligation assumed under this Contract or imposed by law. The Monroe County Board of County Commissioners, it employees and official will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709.2 2 1996 Edition PROFESSIONAL LIABILITY INSURANCE REQillREMNTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND CH2MHill, Inc. Recognizing that the work governed by this Contract involves the furnishing of advise or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the Contract, Professional Liability Insurance w which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this Contract. The minimum limits of liability shall be: $1,000,000 per Occurrence/$2,000,000 Aggregate PRO 3 Administration Instruction #4709.2 4 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND CH2MHill, Inc. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the Contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies to satisfy the above requirement. VL3 Administration Instruction #4709.2 5 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND CH2MHill, Inc. Prior to the commencement of work governed by this Contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the Contract and include as a minimum: . Premises Operations . Products and Complete Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL3 Administration Instruction #4709.2 3 1996 Edition WORKERS' COMPEMNSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND CH2MHill, Inc. Prior to the commencement of work governed by this Contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1 ,000,000Bodily Injury by Disease, policy limits $1 ,000,000Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the Contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the county shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Administration Instruction #4709.2 6 At...lllt. ::: PRODUCER JOHNSON & HIGGINS OF COLORADO, INC. ."?5 17TH STREET. SUITE 2100 lIVER, CO 80202-5534 r;.. ,0"',., .CER~I:I!FICAl'e.l..E)I:i..I''''~~..II~I5:ii i:..j..::)<>:..:........~.....~ ~....v D;~~~~DM) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ,gO I COMPANY I A ZURICH INSURANCE COMPANY ATTN: PAULA DELEON 15114-00124 DFB DFB INSUl'lED CH2M H1LL, INC. HILLSBORO EXECUTIVE CENTER NORTH 800 FAIRWAY DRIVE <.( SUITE 350 ?"..-I.J DEERFIELD BEACH, FL 33441-1831 v COMPANY B AMERICAN GUARANTEE AND LIABILITY INSURANCE CO. COMPANY I C ICOM~ANY J~ ..........:. .'p THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS. POUCY EI'RC'T1W POUCY 1!lCPIM11OIt I TYPl! 0' INSURANCl! POUCY NUM'" DAn (MMIDOrt't) DAn (M1I/DDrt'I) CO I' LTR I GENl!RAL UA8lU1Y A r1 COt~ERCIAI. GENERAl UA8lUTY . CLAlMS MADE ~ OCCUR ~ OWNER'S & CONTAACTOR'S PR:)T X I $250,000 SIR I ..;A ~OMO"~ UAIIIUTY H ANY AUTO ALL OWNED AUTOS SCHECULED AUTOS -; HIRED AUTOS - '-- ~EOAUTOS GL08378563 04101/96 BAP8378518 (AOS) TAP8378560 (TX) BAP8378581 01A) MA8378562 (MA) 04101/96 04/01/96 04/01/96 04101/96 f-- w::" ,. I "!V I:' <::l( ',I~w,r.P"ENT pv ~..f ,1 A_ I -4:i N / .-IJ '- OATF)/~/ ~ / ~l!SS UAlllU1Y I I UMBf1EU.A FORM M OTHER THAN UMBREI.LA FORM we..... COMNMSAT1ON AND EMI't.OftM' UAIIIU1Y wto. 'vr. ~. ..' ./ ~/4 ~YES WC8378!88 WC8378585 WC8378584 tCA) 04101/96 04101/96 04/01/96 A A THE PfU'RlETORI PARlNERSlEXECUilVE B OFFiCERS NlE: OTHER ~:: ACOllID 2&05: (311$):: ...... 3[S~. ....:.....:::..::.:...::.:..........::..:....:::.::::::...:..:..:.4.;::: 05/01/97 05101/97 05101/97 05101/97 05101/97 ~/ UIIITS GENERAl AGGReGATE S 2,000,000 PROOUCTS . COMPfQP AGG S 2,000,000 PERSONAL & N:N INJURY S 750,000 EACH OCCURRENCE S 750,000 FIRE DAMAGE "'"' one ft~) s 750,000 MED ElCP "'"' one I*IOl'II S COM8INED SINaI.! UMIT S 1,000,000 BOOlLY INJURY S (Pw !*Wllftl BOOlLY INJURY S (Pw .cciOInI) .--cA I T DAMAGE S ./ t ~TO ONI..Y . EA ACCIDENT S C '" t /.I" 'VOTH~THANAUTOONLY: \ (r cy ~ /\At" m EACH ACCIDENT S "I (2 . f_ I, .... r,,~'" ':X'J AGGReGATE S - v r EACH OCCURRENCE S AGGREGATE S S X I STATUTORY UM1T9 EACH ACCIDENT S 0lSEASE . POlICY UMlT S DISEASE . EACH EMPlOYeE S 05101/97 0510 1/97 05/01/97 \):~\): .,. " 1,000,000 1,000,000 1,000,000 ':':"':':':':::":':""lj'ACc:)fu):CORPORATION.1993 Appendix 0 Contract SP))) Between Monroe County and the State of Florida Department of Environmental Protection Hereby incorporated ... "f I' ~ ,... L ,J:: DEP Contract No. SP333 F ~ !. ED f:: r -; '- '~ 0 :: C AGRBBImH'r '95 APR 25 P 4 :28 THIS AGREEMENT is entered into this ~ day of I , 1995, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the "Department")' and MONROE COUNTY BOARD 01" COUNTY COMMISSIONERS, whose address is 310 Fleming::Street, Key West, Florida 33040 (hereinafter referred to as the "Con,tractor"), a county government, to provide wastewater management facilities services. : In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do hereby agree as follows. 1. The Department does hereby retain the Contractor to perform the services outlined in Attachment A, Scope of Work, attached hereto and made a part hereof, and the Contractor doe. hereby agree to perform such services upon the terms and conditions set forth in this Agreement and all attachments and exhibits n~ed herein which are attached hereto and incorporated by reference. 2. The Contractor shall be responsible for the performance of all services necessary to develop deliverables, as specified in Attachment A, necessary for the Contractor to qualify for a State Revolving Fund loan to finance construction of eligible facilities. Any and all such equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the Contractor. 3. The Contractor shall perform a. an independent contractor and not as an agent, representative, or employ.. of the Department. 4. As consideration for the service. rendered by the Contractor under the terms of this Agreement, the Department shall pay the Contractor on a cost reimbursement basis for subcontracted services. Maximum compensation under this Agreement shall not exceed $314,000. Invoices shall be submitted on a quarterly ba.i. in conjunction with progress reports as required herein. Ten (10) percent of each invoice, up to a maximum of ten (10) percent of the total Agreement amount ($31,400), shall be withheld until all of the reports/deliverable. have been received and accepted by the Department. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final invoice shall be submitted no later than. thirty (30) days after the completion date of this Agreement to en.ure the availability of funding for final payment. A. The State Comptroller requires detailed supporting documentation of all cost. under a cost reimbursement contract. In accordance with Comptroller'. Memorandum No. 10, issued December 18, 1991 ( attached hereto and made a part hereof a. Attachment 8), the Contractor shall comply with the minimum requirements herein. Invoice. shall be accompanied by supporting documentation and other requirements as follow.: i. Salaries/Waaes - direct salaries The Contractor shall not be reimbursed for and multiplier. (i.e., fringe benefits, DBP Contract No. SP333, Page 1 of , ov.rhead, and/or g.n.ral and admini.trativ. rat..) for Contractor's employ.... ii. Contractual (Subcontractors) Reimbursement requests for payments to subcontractors must be substantiated by cop i.. of invoices' with backup documentation identical to that required from the prime contractor. Subcontracts which involve payment. for direct salari.s shall clearly identify the p.rsonnel involved, salary rat. per hour, and hours/time spent on the project. All multipliers used (i. e. fringe benefits, overhead, and/or general and administrative rates) shall b. support.d by audit. If the CEP d.termine. that multipli.rs charg.d by any subcontractor exc.eded the rat.s supported by audit, the Contractor shall be required to reimburse such funds to the cepartment within 30 days of writt.n notification. Int.re.t on the .xcessive charge. shall be calculated based on the prevailing rate used by the State Board of Administration. iii. Travel - Travel .xpen.... are not authorized und.r the terms of this Agreement. B. In the .v.nt that the cost of this proj.ct, ba..d on a competitive procurem.nt proc.s., i. les. than $314.000, the C.partment reserve. the right to amend this Agreement to d.crease the maximum compen.ation accordingly. If the project cost is more than $314,000, a copy of the solicitation, r.spons.s, and tabulation will be provided to the Cepartm.nt Project Manag.r and the cost- effectivenefls of this project will be re-evaluated. The Cepartment re.erves the right to amend this Agreement to increase the maximum compensation if the additional co.t is deemed to be co.t-effective and in the best inter..t of the State. In this event, the COntractor shall not award a contract for this project until written approval has been received from the Cepartment notifying the Contractor of the availability of additional funds and an amendment to this Agreement to increase the maximum compensation has been executed; or the Contractor agrees to provide the additional fund. nece.sary to complete the project. s. The State of Florida'. performance and obligation to pay under this Agreement i. contingent upon an annual appropriation by the Legi.lature. 6. Thi. Agreement .hall begin upon execution by both parties and end June 28, 1997, inclu.ive. 7. The Contractor .hall submit quarterly progre.. report. in conjunction with invoice.. Bach report shall outline the work performed during the reporting period, work .cheduled for the next report period, expenditure. to date, problem. .ncount.red and planned solutions, and any schedule update.. 8. Pursuant to Florida Statute., the Cepartment'. Contract Manager shall have 5 day., unle.. otherwise .pecified h.rein, to inspect and approve the service. for payment; the Cepartment must submit a request for payment to the Florida cepartment of Banking and Finance within 20 day., and the C.partm.nt of Bankinq and Financ. i. giv.n 15 days to CBP Contract No. 8P333, Page Z of 6 issue a warrant. Days are calculated trom the latt.r date the invoic. is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice is received. Invoice. which have to be' returned to a COntractor for correction(s) will result in a delay in the payment. A Vendor ombudsman has been established within the Department of Banking and Finance who may b. contacted if a Contractor is experiencing problem. in obtaining payment(s) from a State of Florida agency. Th. Vendor ombudsman may be contacted at 904/488-2924 or 1-800-848-3792. 9. In accordance with S.ction 215.422, Florida Statut.., the D.partment shall pay the Contractor, int.re.t at a rat. a. e.tablish.d by Section 55.03 (1), Florida Statutes on the unpaid balance, it a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and rec.ipt, inspection, and approval of the goods and services. Interest payments of les8 than $1 will not be enforced unless a Contractor requests payment. The interest rate established pursuant to Section 55.03(1), by comptroller's Memorandum No. 9 (1994-95) dated December 1, 1994, has b.en set at 8.0' per annum or .02192' per day. Th. revis.d int.rest rate tor .ach calendar year beyond 1995 tor which the term of this- Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the t.lephon. numb.r provid.d abov.. 10. Each party hereto agrees that it shall be solely responsible for the wrongful act. of it. employ..., contractor. and ag.nts. How.v.r, nothing contained h.r.in shall con.titut. a waiv.r by .ither party of its sovereign immunity and the limitation. set forth in Section 768.28, F~orida Statute.. 11. The Department's Contract. Administrator may terminate this contract for the Department's convenience by giving thirty (30) calendar days written notice to the Contractor. Said notic. shall be sufficient if deliv.reel personally or by c.rtified mail to the addr... contained herein. In ca.. of such termination, the Contractor shall be compensated for work satisfactorily completed and irrevocable commitments mad.. 12. Any and all notices shall b. delivered to the parties at the following addresses: Contractor Deoartment Monro. County Board of County commi..ion.r. Attn: Georg. Garrett 310 Fleming Street Key We.t, Florida 33040 Florida Department of Environmental Prot.ction Attn: I.ab.lo Tabanquil Twin Towers Building 2600 Blair Stone Road, MS#3505 Tallaha...., Florida 32399-2400 13. Pursuant to Section 216.2815, Florida Statute., all records in conjunction with this Agreem.nt shall b. public record and shall be treated in the .ame mann.r a. oth.r public r.cord. are und.r gen.ral law. This Agreem.nt may b. unilaterally canc.led by the Department tor refusal by the Contractor to allow public acce.. to all documents, paper., 1.tt.rs, or oth.r mat.rial .ubj.ct to the provision of Chapter 119, Florida Statut.., and made or r.c.ived by the Contractor in conjunction with this Agreement. DBP Contract Ho. 8.333, .age 3 of , 14. This Agreement may be terminated by the Department at any time for failure of the Contractor to perform in accordance with the terms and conditions contained herein. 15. The Department's 90ntract Manager is Mr. ISa.belo U. Ta.banquil, Jr., Professional Engineer III, Phone 904/488-8163. The Contractor's Contract Manager is Mr. George S. Garrett, Director of Marine Resources, Phone 305/289-2507. All matters shall be directed to the Contract Managers for appropriate action or disposition. 16. 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 contract (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require an appropriate adjustment and modification (formal amendment) to this contract. 17. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Agreement shall be purchased from the corporation identified under Chapter 946, F.S., if available,' in the same manner and under the same procedures set forth in Section 946.515(2), (4), F.S.; and for purposes of this Agreement the persor., firm or other business entity carrying out the provision of this Agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.B.) which may be contacted at: P.R.I.D.B. 5540 Rio Vista Drive Clearwater, Florida 34620-3107 Telephone: (813)535-4900 18. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 19. The Contractor covenant. that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon county, Florida. DBP COntract No. 5P333, Page 6 of 6 21. The Contractor shall maintain books, recorda and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principle. consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purpose. during the term of the contract and for' three years following contract completion. In the event any work is sublet, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 22. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be con.trued as a waiver of any such breach or default, or any similar breach or default thereafter. 23. The Contractor 'recognizes that the state of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 24., This Agreement is neither intended nor shall it be cod.trued to grant any right., privileges or interest in any third party without the mutual written agreement of the parties hereto. 25. No person, on the ground. 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. 26. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the Department. 27. The Contractor shall be responsible for selecting subcontractor (s) through a competitive process equivalent to that de.cribed in Chapter 287, Plorida Statue.. The Contractor shall provide the Department with copies of all solicitation documents including: the solicitation, the tabulation sheet, the award notice, and the resulting contract. 28. The Contractor shall not sublet, assign, or transfer any work under this Agreement without the prior written consent of the Department' s Contract Manager. The Contractor agree. to be responsible for the fulfillment of all work element. included in any subcontract consented to by the Department and agree. to be responsible for the payment of all monies due under any subcontract. It i. understood and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expen.e. or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expense. and liabilities incurred under the subcontract. 29. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of hi. employee. connected with the work of this project and, in ca.e any work i. sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees DEP COntract Mo. 5P333, Page 5 of , unless such employe.s are covered by the protection afforded by :the contractor. Such self-insurance proqram or insurance coveraqe shall comply fUlly with the Florida Workers' Compensation law. In case any class of employ..s enqaqed in hazardous work under this Aqreement is not protected under the Workers' Compensation statute, the Contractor shall provide, arid cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 30. The Contractor, as an independent contractor and not an aqent, repre.entative, or employee of the Department, aqrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as .pecifically provided in this Aqreement. 31. This Aqreement repre.ent. the entire aqreement of the partie.. Any alterations, variations, chanqes, modifications or waivers of provisions of this Aqreement shall only be valid when they have been reduced to writinq, duly .iqned by each of the parties hereto, and attached to the oriqinal of this Aqreement, unle.s otherwise provided herein. IN WITNESS WHEREOF, the partie. have caused this Aqreement to be duly executed, the day and year first above written. MONROB COUNTY BOARD 01' COUNTY COMMISSIONERS FLORIDA DEPARTMENT 01' ENVIRONMENTAL PROTECTION Title: A(~A"''''' (,HA,IMAJI By: 101/ _,-I ....1, ':..-;t~....(,,-,o.... 1..', '''-J(C\(~/ ~(l , DEP Contracts Administrator j Approv~_as to form and leqality: ,-,.5- '- L,- I_! '- v.1.... , . "- Assistant General counsel --. (, IIP._ ;.-; ..,'.... r"" ~ :-:t ,~,) ("'" ;:a ,- - . ~ ..... u..... De.crigtion {include number of gaaes} c:::s ~ "~ ~ .:a ~ - lID -:I ':6r I"~- . Letter/ Number ~~; ,. - ~ ,'- ; ~-;~ List of attachments/exhibits included as part of this contract: Specify Tvge ~-.:: ,t...--: Attachment Attachment A B scope of Work (4 paqes) Comptroller'S Memo No. 10 (2 Paqes) ~ ~ ,-.- r'~ :CJ ~ DBP CODtract Ko. 8P333, Page , of , f' f AftACJDID'.r A Scope of Work Work Task I. Preliminary Tasks A. Establish a mutually aqreeable planninq area. B. Complete procurement of profe..ional .ervice. (which shall determine actual cost of the project). II. Planninq Tasks to be performed after receipt of written authorization from the Department A. Review existinq documentation, inc'ludinq the Florida Key. National Marine Sanctuary Pha.e II Report and proqram Document and the Monroe County Comprehensive Plan, for pertinent information. B. Prepare the wastewater manaqement plan. 1, The facilities plan .hall be prepared to ensure the followinq: a. Fea.ible wa.tewater treatment and disposal alternative. to meet applicable water quality, public health, and other enforceable criteria over a 20-year planninq period are evaluatec:l on a cost-effectiveness basis. In e.tabli.hinq fea.ible alternative., all cateqorie. of effluent disposal (reuse, qround water, and surface water) shall be addre..ed. In order to evaluate the fea.ible alternative., the followinq site specific studies may be nece..ary: i. Land application rate/capacity analysis for reu.e of reclaimec:l water. ii. D..p well injection evaluation for effluent dispo.al. Deadline for ComDletion End of 1.t Month End of 3rd Month End of 4th Month Dr_ft Document - End of 10th Month Final Document - End of 26th Month DBP COntract Ro. 5P333, Attachaent A, Page 1 of 4 iii. Surtace water quality evaluation for effluent disposal. b. Feasibl~ wastewater collection alternatives to existing on-site systems over a 20-year period are evaluated on a cost-effectiv.ness basis. The justification for the recommended alternativ.. i. to be present.d. The propo.ed ..rvice area is to be id.ntified. c. An organizational .ntity i. id.ntified to own, operat., and maintain the wastewater management system. Legal, institutional, financial, and managem.nt perspectiv.. must be addre..ed. d. An environmental inventory i." prepared to docum.nt the potential impacts ot teasible alternatives under c~nsideration. e. Demographic, climatologic, geologic, topographic, hydrologic, and institutional characteristics of the planning area a~. documented. f. Water conservation practices are considered. g. Existing wastewater management facilities in the planning ar.a are inventoried. h. Regionalization of existing treatment plants, if any, in the planning area i. consid.red. In the event such regionalization is recoamended, an evaluation of the co.t-effectiv.ness of infiltration/inflow .limination is to be addressed. i. Regionalization of sept age management is considered tor any septic tanks in the planning area that would be kept in .ervice during the plannin~ period. j. Phased implementation of the r.commended alt.rnativ. i. addr....d. DBP COntract Ho. 8P333, Attachaent A, Page ~ of 4 k. Comments resultinq from the required submittal of the facilities plan to the State Clearinqhouae, Executive Office of the Gov.rnor for interdisciplinary review are satisfactorily addressed. 2. Prepare a five-year capital financinq plan that will identify how the nece..ary wastewater facilities will be financed. 3. Conduct a public participation proqram to ensure local input into the decision makinq proce.. prior to adoption, by the affected qovernmental entitie., of the facilities plan and the capital financinq plan. 4. Prepare user charqe system (UCS) and draft user charqe ordinance (UCO) 5. Prepare a draft .ewer u.e ordinance. 6. Prepare di.pute re.olution ordinance. III. Desiqn Ta.k to be performed after receipt of written authorization from the Department Prepare a preliminary de.ign report. REMAIHDBR 01' PAGB INTENTIONALLY LEft BLANK Draft Document - End of 10th Month Final Document - End of 26th Month End of 10th Month Final UCS and Dra~t UCO - End of 10th Month Final UCO - End of 26th month Draft Document - End of 10th Month Final Document - End of 26th Month End of 10th Month End of 22nd Month DIIP COntract 110. 5P333, Attachaent A, page 3 of t Li.~ of DeliYe~able. Deliverables CODies Needed 1. Draft Facilities Plan* (item II.B.l. in Scope of Work) 5 2. Draft capital Financing Plan (item II.B.2 in Scope of Work) 3 3. Public participation Documentation (Public Hearing and Dedicated Revenue Hearing - item II.B.3. in Scope of Work) 3 4. User Charge System and draft User Charge Ordinance (item II.B.4. in scope of Work) 3 5. Draft Sewer Use Ordinance (item II.B.5. in scope of Work) 3 6. Dispute Resolution Ordinance (item II.B.6 in Scope of Work) 3 7. Final Facilitie. Plan (item II.B.l. in scope of Work) 3 8. Preliminary De.ign Report (item III. in Scope of Work) 3 Note: *Ten additional copies of the facilities plan should be sent to: Director Executive Office of the Governor Office of Planning and Budgeting Intergovernmental Affair. Policy Unit Florida State Clearinghou.e The Capitol Tallaha...., Florida 32399-0001 REMAINDER OF PAGE IHTENTIONALLY LEFT BLANlt DBP COD~r.c~ No. IP333, AttachaeDt A, pag_ 4 of 4 t\ I I ..:d. ;;.,ol':i,; b OFFICE OF COYIPTROLLE 1-< December 18, 1991 .- \...' .."", ',..:..J ~ ' _-"0 /""""'" ..:..~'~;\ v" ':='f.. \ ...., (' . .,~ l ' C" . -':,", ('(", ~ '-;,~,,"', o ':.\~ '" ~' " . <'" :'" "--;:' 0.0 /. .:;". ;,/ '.... ,- ,.~ ~ ...~" ... e,..J \ DEPART2-{.I!N'T OIP HANKINC AND FINANCE OEIlALO LEWIS CO""TIIO\.LEIl 0' 1\.~"IOA STATE OF FLORID4~ TALLAHASSEE 32399-0350 COMPTROLLER'S MEMORANDUM NO. 10 (1991-1992) SUBJECT: CONTRACTUAL SERVICES - COST REIMBURSEMENT CONTRACTS This memorandum is to provide clarification relatil/0. to the documentation requirements for those contractual service contrac~s wh~ch provide for paymp.nt on a cost reimbursement basi~. In general, cost reimbursp.ment contracts require an it~mized listing (by category) of all expenditures claimed along with supporting documentation for each amount for which.reimb~rsement is being claimed indicating that the item has been paid. Check numbers may be furnished in lieu of copies of actual chp.~}:;.. Each piece of documentation should also clearly reflect the dates of service. The types of documentation listed be10w ar~ examples and represent the minimum requirp.ments. (1) S 1 . 11' .., d ,..' ~a ar~eg: A payro reg~ster or s~m~_ar ocumcn~a_~nn should be submitted. The payroll rp.gister shnuld show gr05s salary charges, fringe benefits, other deductions ~nd ne~ ?ay. If an individual for whom reimbursem~nt is being cl~imed is paid hy th~ hour, a document reflp.cting the hours wnrkcd ti~e5 the rate of pay will be acceptable. (1) Fringe Benefits: Fringe b~np.fits should be su~~o;.~ed by invoices showing th~ amount p~id on behulf of t~0. employee (e.g., insur~nce ?re~iu~s paid). If the r.~r.~=ar.t specifically states that frinqp. benefits will be b~sp.d n~ a spp.cifip.d percentage rather than th~ actual cos~ or =rinse benefits, then the calculation for the fringe bene:-i~s amoun~ must be shown. (3) TrDvel: Reimbur~~ment for travel must be in accordanc~ with Section 112.061, Florida Statutes, which includes submission of the claim on the ap~rovp.d Stu~c travel voucher. DEP Contract No. SP333, Attachment B, Page 1 of 2 , '. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipt~. If nonexpendable property is purchased using State funds, the contract ~hould include a ?rovi~ion for the 'transfer of the property to the State when services ar~ terminated. Documentation must be provided to show compliance with Department of General Services Rule IJA-l.017, F.A.C:, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed based on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should b~ shown. It should be noted that the documentation submitted with each voucher will be evaluated individually using the above guidelines. Should you have questions or require further clarification, please contact Ch~ri Greene at 488-4098, SUNCOM 278-4098. Sincerely, Zy- Y, W~ Jana I Walling, Director Division of Accounting and Auditing JIW:Mcs DE? Contract No. SP333, Attachment S, Page 2 of 2 DEP CONTRACT NO. SP333 AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 18th day of April, 1995 between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the MONROE COUNTY SOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Contractor") is hereby amended as follows: Paragraph 1 is hereby revised to include the following: The Department hereby retains the Contractor to perform the additional services outlined in Attachment C, Supplemental Scope of Work, attached hereto and made part of the Agreement. Paragraph 2 is hereby revised to include the following: The Contractor shall be responsible for the performance of all services necessary to develop deliverables specified in Attachment C. Paragraph 4 is hereby revised as follows: The maximum compensation amount under the Agreement from $314,000 to $439,000 (an increase of $125,000). wurk described under Attachment A shall not Compensation for work described under Attachment C $125,000. is hereby changed Compensation for exceed $314,000. shall not exceed The maximum amount to be withheld from invoice. is hereby changed from $31,400 to $43,900 (an increase of $12,500). Subparagraph B is hereby revised to read as follows; In the event that the actual cost of work outlined in either Attachment A or Attachment C, each based on a competitive procurement process, is less than the dollar amount provided for each separately (Attachment A - $314,000 and Attachment C - $125,000), the Department reserves the right to amend this Agreement to decrease the maximum compensation for work outlined in the affected Attachment accordingly. If the actual cost of work outlined in either Attachment A or Attachment C is more than the dollar amount provided for each separately, the Contractor agrees to provide the additional funds necessary to complete work outlined in the affected Attachment. A new subparagraph C is hereby added as follows: The actual services to be provided pursuant to Attachment C shall be determined by the Contractor with the written approval of the Department. Therefore, the Contractor shall ensure that all proposals for such services are procured and evalua.ted in accordance with Chapter 287, Florida Statues, or a similar competitive proces., and also shall ensure that all proposals itemize the costs for each individual sub-item (e.g., III.S) and sub-sub-item (e.g., III.A.a). The Department may decline to approve any item, sub-item, or sub-sub-item for inclusion in the actual scope of services to be accomplished under Attachment C. Services relating to evaluating the technologies used at treatment facilities with daily flow capacities in the range of 2,000 to 50,000 gallons per day are of greater relevance to the overall facilities planning effort than are those in the range of 50,000 to 100,000 gallons per day. Services relating to evaluating the larger facilities will be approved only if: DEP contract No. SP333 Amendment No. 1 Page 2 of 2 1) There is an insufficient number of the smaller facilities with which to adequately evaluate the technologies at issue; and 2) the funds for such further evaluations are available under Amendment I or through matching funds made available by the Contractor. The Contractor shall ensure that all proposals for professional services (i.e. engineering or architectural services) identify the amount of the reduction in the potential contract amount for each site which will not be visited pursuant to Sub-item III.A or Sub-item V.A. Paragraph 32 is hereby added to the Agreement as follows: A person or aff iliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact busibess with any public entity in excess of the threshold amount provided in Section 287.017, F. S. , for category Two for a period of 36 months from the date of being placed on the convicted vendor list. Attachment A, Scope of Work, Section II.B: The initial paragraph is hereby revised to read as follows: Prepare the wastewater management plan for the Marathon area. Attachment C, Supplemental Scope of Work, is hereby attached and made a part of the Agreement. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, executed this the parties day of have caused this Amendment , 199 to be duly MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Title: ~ Director, Division of Water Facilities or designee ~&.~ DEP Contracts Administr or " APPROVED as to form and legality: ATTACHMENT C Supplemental Scope of Work and Deliverables I. Procure Technical Services Complet& procurement of professional services such that the cost for completing individual subtasks (e.g., Item V.A, below) can be identified and specifically authorized by the Department. The provision for professional services shall be such that any of the subtasks listed under Items II through V, selectively and individually, may be accomplished without regard to the order presented below. II. Basic Studv Prepare a report addressing the following for domestic wastewater treatment facilities having design average daily flow capacities greater than 2,000 gallons per day (gpd) and less than or equal to 50,000 gpd and which are designed to provide at least secondary treatment plus nitrogen and phosphorus removal (without the benefit of land treatment): A. Review available information and develop a list (including manufacturer's names and products) of treatment technologies. B. Document each technology identified facilities and provide all pertinent minimum, the following: in Item A, information above, for new including, at a a. Level of treatment (removal percentages and effluent conc~ntrations for CBODS, TSS, TN, TP, and level of disinfection) that the technology is capable of consistently providing when operated under actual field conditions; b. Flow ranges for which the technology is capable of consistently meeting the level of treatment identified above; c. Quantity and pertinent to requirements; characteristics of compliance with residuals, federal including those sludge treatment d. Construction costs; e. operation and maintenance cost. (including chemical additives, if applicable, and residuals disposal); f. Process control and instrumentation requirements, especially related to variations in influent wastewater characteristics (flow, concentrations, etc.); g. Operator staffing requirements; h. Monitoring requirements; i. Environmental considerations (e.g., site requirements); and, j. List of full-scale facility installations for each identified, its location, the name and address of responsible for operation and maintenance. technology the party DEP Contract No. SP333, Attachment C, Page 1 of 5 C. Evaluate each technology identified in Item II.A, above, for new installations on both present worth and uniform annual cost bases using a discount rate of six percent over a 20-year planning period. The information developed under Item II.B, above, shall be used in the evaluation. Rank the technologies in terms of cost-benefit. D. Evaluate each technology identified in II.A, above, for the purpose of retrofitting different existing secondary treatment technologies (e.g., extended air) to accomplish nutrient removal (without the benefit of land treatment). The costs for construction, operation and maintenance for the retrofitted facilities are to be reported along with the level of treatment to be achieved (see Item II.B.a, above). The cost impacts of the age of the equipment and structures to be retrofitted shall be addressed. The need for additional land for retrofitted facilities shall be identified. Both present worth and uniform annual costs are to be reported using a discount rate of six percent over a 20-year planning period. Rank the technologies in terms of cost-benefit. III. Supplemental Studv Component 1 If completion of any part of this study component is authorized by the Department, prepare a report based on on-site investigations of top-ranked 0 technologies (for facilities greater than 2,000 gpd and less than or equal to 50,000 gpd) pursuant to Items II.C and II.D, above, as follows: A. Conduct site visits of all many as ten full-scale installations (as opposed to pilot, research, or experimental facilities) that currently use top-ranked technologies and document pertinent findings including, at a minimum, the following: a. Operating history of the facility including, at a minimum: 1. Flow data (peak hourly, minimum hourly, weekly average daily, maximum month average daily, minimum month daily, annual average daily); 2. Influent and effluent characteristics documenting the level of treatment provided for CBODS, TSS, TN, TP, and disinfection correlated to the above flow data; and, 3. Quantity and characteristics of residuals generated. b. Operation and maintenance records (itemized costs, level of staffing provided, level of monitoring provided, etc.); c. Initial construction costs for the facility or, if the facility was retrofitted, the construction costs associated with retrofitting along with a description of previous facilities that were retrofitted; d. Other facility specific considerations instrumentation requirements, other environmental impacts, etc.); and, process control and non-water quality e. Observations of operators regarding problems encountered with the technology. B. Evaluate information gathered and provide recommendations for a demonstration project. Provide an DEP Contract No. SP333, AttachmentC, Page 2 of 5 implementation plan for conducting the demonstration project including, at a minimum, projects costs, implementation steps, and length of time to complete each task. The cost estimate should include potential manufacturer's participation with donated equipment for the project. IV. supplemental Study Component 2 If completion of any part of this study component is authorized by the Department, prepare a report addressing the following for domestic wastewater treatment facilities having design average daily flow capacities greater than 50,000 gallons per day (gpd)and less than or equal to 100,000 gpd and which are designed to provide at least secondary treatment plus nitrogen and phosphorus removal (without the benefit of land treatment): A. Review available information and develop a list (including manufacturer's names and products) of treatment technologies. B. Document each technoloqy identified facilities and provide all pertinent minimum, the following: in Item A, information above, for new including, at a a. Level of treatment (removal percentages and effluent concentrations for CBODS, TSS, TN, TP, and level of disinfection) that the technoloqy is capabla of consistently providing when operated under actual field conditions, b. Flow ranges for which the technoloqy is capable of consistently meeting the level of treatment identified above, c. Quantity and pert inent to requirements, characteristics of compliance with residuals, federal including those sludge treatment d. Construction costs, e. Operation and maintenance costs (including chemical additives, if applicable, and residuals disposal); f. Process control and instrumentation requirements, especially related to variations in influent wastewater characteristics (flow, concentrations, etc.); g. Operator staffing requirements; h. Monitoring requirements; i. Environmental considerations (e.g., site requirements); and j. List of full-scale facility installations for each identified, its location, the name and address of responsible for operation and maintenance. techno1oqy the party C. Evaluate each technoloqy identified in Item IV.A, above, for new installations on both present worth and uniform annual cost bases using a discount rate of six percent over a 20-year planning period. The information developed under Item IV.B, above, shall be used in the evaluation. Rank the technologies in terms of cost-benefit. DEP Contract No. SP333, Attachment C, Page 3 of 5 D. Evaluate each technology identified in IV.A, above, for the purpose of retrofitting different existing secondary treatment technologies (e.g., extended air) to accomplish nutrient removal (without the benefit of land treatment). The costs for construction, operation and maintenance for the retrofitted facilities are to be reported along with the level of treatment to be achieved (see Item IV.S.a, above.) The cost impacts of the age of the equipment and structures to be retrofitted shall be addressed. The need for additional land for retrofitted facilities shall be identified. Soth present worth and uniform annual costs are to be reported using a discount rate of six percent over a 20-year planning period. Rank the technologies in terms of cost-benefit. v. Succlemental Study Comconent 3 If completion of any part of this study component is authorized by the Department, prepare a report based on on-site investigations of top-ranked technologies (for facilities greater than 50,000 gpd and less than or equal to 100,000 gpd) pursuant to Items IV.C and IV.o, above, as follows: A. Conduct site visits of as many as five full-scale installations (as opposed to pilot, research, or experimental facilities) that currently use top-ranked technologies and document pertinent findings including, at a minimum, the following: a. operating history of the facility including, at a minimum: 1. Flow data (peak hourly, minimum hourly, weekly average daily, maximum month average daily, minimum month daily, annual average daily); 2. Influent and effluent characteristics documenting the level of treatment provided for CBOo5, TSS, TN, TP, and disinfection correlated to the above flow data; and, 3. Quantity and characteristics of residuals generated. b. Operation and maintenance records (itemized costs, level of staffing provided, level of monitoring provided, etc.); c. Initial construction costs for the facility or, if the facility was retrofitted, the construction costs associated with retrofitting along with a description of previous facilities that were retrofitted; d. Other facility specific considerations instrumentation requirements, other environmental impacts, etc.); and, process control and non-water quality e. Observations of operators regarding problems encountered with the technology. S. Evaluate information gathered and provide recommendations for a demonstration project. Provide an implementation plan for conducting the demonstration project including, at a minimum, projects costs, implementation steps, and length of time to complete each task. The cost estimate should include potential manufacturer's participation with donated equipment for the project. DEP Contract No. SP333, Attachment C, Page 4 of 5 . List of Dellve~bles Deliverable Item I . Proc:umnent Documentation Item II . Basic Study Interim R.eport Item m . Supplemental Study Component 1 Interim R.epon Item IV . SuppJem~bl Study Component 2 Interim R.epon Item V . Supplemental Study Component 3 Interim Report Comprehensive Report Compiling all Reports Cooies Reauired Submittal Date 1 September 4, 1996 .5 February 3,1997 .5 May 26, 1997 .5 Febnwy 18, 1991 .5 June 4, 1991 20 June 18, 1997 DEP Contract No. SP333, Attachment C, Page 5 of 5 DEP CONTRACT NO. SP333 AMENDMENT NO. 2 THIS AGREEMENT as entered into on the 18th day of April, 1995, and amended on the 19th day of June, 1996, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Contractor") is hereby amended as follows: ~ ~ c . ~ - paragraph 4, subparagraph B, as revised by Amendment ~<?i 1, is t1-ereby revised to read as follows: ::-';r ~ r::; :""l ' .- In the event that the actual cost of work outlined in ei~--= Atta~en~ or Attachment C, each based on a competitive procurement pr~.ss, is les9~than the dollar amount provided for each separately (Attachme~'A - S~4, OOg: and Attachment C - $125,'000), the Department reserves the z:.i.gbt to :tmen~this Agreement to decrease the maximum compensation for wo~ outligd iA, the affected Attachment accordingly. If the actual cost of work outlined in either Attachment A or Attachment C is more than the dollar amount provided for each separately, the Contractor agrees to seek the additional funds necessary to complete work outlined in the affected Attachment. However, no work shall be performed by the Contractor unless the additional funds are obtained. If additional funds are not obtained, no work shall be performed unless the affected Scope of Work is modified by agreement of the parties to reflect the level of work to be performed with the funds available. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain i~ full force and effect. IN WITNESS WHEREOF, executed this / 7 'r:^- the parties have caused this day of f. 1-. ~( Amendment to be duly , 199 f- MONROE COUNTY BOARD OF COUNTY COMMISSION~ cSf;:;!::;;?~' Title: ,':\ .-T, [, r_ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ~~ Director, Division of Water Facilities or designee Sy ~~~.~ EP Contracts Adminis ator (SEAt.) AtTEST: OANNY L KOLHAGE, ClERK 8Y~~C. A)..,;d~ DEPUTY CLERK form and legality: DEP CONTRACT NO. SP333 AMENDMENT NO. 3 THIS AGREEMENT as entered into on the 18th day of April, 1995, and amended on the 19th day of June, 1996, and on the 17th day of July, 1996, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Contractor") is hereby amended as follows: The language added to paragraph no. 2 by Amendment No. 1 is hereby revised to read as follows: The Contractor shall be responsible for the completion of Tasks I, II, and III of Attachment C under this Agreement. Tasks IV and V of Attachment C, if completed, shall not be included under the terms of this Agreement. The language in paragraph no. 4 is hereby deleted in its entirety and replaced with the following: 4. As consideration for the services rendered by the Contractor under the terms of this Agreement, the Department shall pay the Contractor on a cost reimbursement basis for subcontracted services. Maximum compensation under this Agreement shall not exceed $439,000. Compensation for work described under Attachment A shall not exceed $314,000. Compensation for work described under Attachment C shall not exceed $125,000. Invoices for Attachment A shall be submitted on a quarterly basis in conjunction with progress reports as required herein. Ten (10) percent of the total amount of Attachment A ($31,400) shall be withheld until all of the reports/deliverables for Attachment A have been received and accepted by the Department. Payment for completion of Attachment C shall be contingent upon approval of the Final Report by the Department, and receipt and approval of a single invoice, supported by the required documentation of expenses. No partial payments shall be allowed for work completed under Attachment C. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit. A final invoice shall be submitted no later than December 10, 1997, to assure the availability of funding for final payment. A. The State Comptroller requires detailed supporting documentation of all costs under a cost reimbursement Agreement. In accordance with Comptroller's Memorandum No. 10, issued December 18, 1991 (attached hereto and made a part hereof as Attachment B), the Contractor shall comply with the minimum requirements set forth therein. Invoices shall be accompanied by supporting documentation and other requirements as follows: i. Salaries/Waqes - The Contractor shall not be reimbursed for direct salaries or multipliers (i.e., fringe benefits, overhead, and/or general and administrative rates) for Contractor's employees. ii. Contractual (Subcontractors) Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Contractor. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or DEP Contract No. SP333, Amendment No.3, Page 1 of 3 general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Contractor shall be required to reimburse such funds to the DEP within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Invoices for reimbursement of fixed price subcontracts approved by the Department shall be documented by copies of the paid invoices. iii. Travel - Travel expenses are not authorized under the terms of this Agreement. B. In the event that the actual cost of work outlined in either Attachment A or Attachment C, each based on a competitive procurement process, is less than the dollar amount provided for each separately (Attachment A $314,000 and Attachment C $125,000), the Department reserves the right to amend this Agreement to decrease the maximum compensation for work outlined in the affected Attachment accordingly. If the actual cost of work outlined in either Attachment A or Attachment C is more than the dollar amount provided for each separately, the Contractor agrees to seek the additional funds necessary to complete work outlined in the affected Attachment. However, no work shall be performed by the Contractor unless the additional funds are obtained. If additional funds are not obtained, no wO,rk shall be performed unless the affected Scope of Work is modified by agreement of the parties to reflect the level of work to be performed with the funds available. C. The actual services to be provided pursuant to Attachment C shall be determined by the Contractor with the written approval of the Department. Therefore, the Contractor shall ensure that all proposals for such services are procured and evaluated in accordance with Chapter 287, Florida Statutes, or a similar competitive process, and also shall ensure that all proposals itemize the costs for each individual sub-item (e.g., III.B) and sub-sub-item (e.g., III.A.a). The Department may decline to approve any item, sub-item, or sub-sub-item for inclusion in the actual scope of services to be accomplished under Attachment C. Services relating to evaluating the technologies used at treatment facilities with daily flow capacities in the range of 2,000 to 50,000 gallons per day are of greater relevance to the overall facilities planning effort than are those in the range of 50,000 to 100,000 gallons per day. Services relating to evaluating the larger facilities will be approved only if: 1) There is an insufficient number of the smaller facilities with which to adequately evaluate the technologies at issue; and, 2) the funds for such further evaluations are available under Amendment No. 1 or through matching funds made available by the Contractor. The Contractor shall ensure that all proposals for professional services (i.e., engineering or architectural services) identify the amount of the reduction in the potential contract amount for each site which will not be visited pursuant to Sub-item III.A or Sub-item V.A. D. Completion of Tasks IV and V of compensated by the Department under and V of Attachment C are completed, responsibility of the Contractor. Attachment C shall not be this Agreement. If Tasks IV their costs shall be the sole DEP Contract No. SP333, Amendment No.3, Page 2 of 3 Paragraph no. 6 is hereby revised to change the completion date of the Agreement from June 28, 1997 to November 30, 1997. The following new section is hereby added to the Agreement as paragraph no. 33: The Contractor shall comply with all federal, state and local rules and regulations in providing services to the Department under this Contract. The Contractor acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. On Attachment C, Supplemental Scope of Work, page 5 of 5, the List of Deliverables is hereby revised to read as follows: Deliverable/Report Copies Reauired Submittal Date Task I - Procurement of Technical Services 1 July 15, 1997 Final Report, to include Task II - Basic Study, and Task III - Supplemental Study Component 1 20 November 20, 1997 In all other respects, the Agreement of which thi~ is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, executed this the parties have caused this Amendment to be duly day of , 199 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Director, Division of Water Facilities or designee Title: AI'PROVED AS TO FORM AND LEGAL SUFFICIENCY -!::;:)lLLL "--^-. & .t::::j(?lL /\ l/L DEP Contracts Administ,ator BY Attomet. Office APPROVED as to form and legality: ~i~~ ~{U~~f DEP Contract No. SP333, Amendment No.3, Page 3 of 3 I..~ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHNSON & HIGGINS OF COLORADO, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 122517TH STREET SUITE 2100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DENVER, CO 80202-5534 COMPANIES AFFORDING COVERAGE A TTN: PAULA DELEON 15114-00124 ORL ORL COMPANY A ZURICH INSURANCE COMPANY INSURED CH2M HILL, INC. 225 EAST ROBINSON STEET SUITE 405 ORLANDO, FL 32801-4322 COMPANY B AMERICAN GUARANTEE AND LIABILITY INSURANCE CO, COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DDM) DATE (MMJDDM) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCiAl GENERAL LIA8lUTY GL08378563 05/01/97 05/01/98 PRODUCTS - COMPIOP AGG $ 2,000,000 ClAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ 750,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 750,000 X $250,000 SIR FIRE DAMAGE (Anyone fire) $ 750,000 MED EXP (Anyone person) $ A AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $ 1,000,000 X ANY AUTO BAP8378516 (ADS) 05/01/97 05/01/98 ALL OWNED AUTOS TAP8378560 (TX) 05/01/97 05/01/98 BODILY INJURY (Per person) $ SCHEDULED AUTOS BAP8378561 ryA} 05/01/97 05/01/98 HIRED AUTOS MA8378562 (MA) 05/01/97 05/01/98 BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO BY OTHER THAN AUTO ONLY: EACH ACCIDENT DATE AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X STATUTORYUMITS A EMPLOYERS' LIABILITY WC8378566 05/01/97 05/01/98 1,000,000 EACH ACCIDENT $ A THE PROPRIETOR! X INCL WC8378565 05/01/97 05/01/98 DISEASE. POUCY UMIT $ 1,000,000 PARTNERS/EXECUTIVE B OFFICERS ARE: EXCL WC8378564 CA 05/01/97 05/01/98 DISEASE - EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATlONS/LOCATlONSNEHICLES/SPECIAL ITEMS (UMITS MAY BE SUBJECT TO RETENTIONS) RE: CONTRACT FOR THE MONROE COUNTY SANITARY WASTEWATER MASTER PLAN. THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ITS EMPLOYEES AND OFFICIALS ARE NAMED AS ADDITIONAL INSURED AS THEIR INTERESTS MAY APPEAR AS RESPECTS AUTOMOBILE LIABILITY AND AS PER BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY. g~l.eQAt~tffllf4t.i.~~':tt:::tmt:tmtt:tmmm:mmmmtmt:::::::tt::':mmtt::t::tt':::tmtt:::,tttt:m::?::::::::tr:~<<~u.no.Nt:'t':'::mt::tmmtt::::::/tt'ttt:t:::::::::tt'tt:ttt::t:::::tmttttttttt::::::: MONROE COUNTY MARATHON GOVERNMENT CENTER 2798 OVERSEAS HIGHWAY MARATHON FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE A&6RP:~:tMjJ.)m:tt ,.." ................... ................................................... .. ..................................... .................................... ... ................................. ........................ ................;:;;.:.::.;.;.:.:.;.:.;.;.;.:-:-:.:.;.:.:.;.:.;.:.;.:.;.:.;.:-:':::::::;;:;:;::::::::;::::::: ....... ::~AQ&RP.qpij'.N.::j.:: PRODuciiiiUUUUUUUUUP , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION VAN GILDER INSURANCE CORPORATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 BROADWAY SUITE 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DENVER, COLORADO 80203 COMPANIES AFFORDING COVERAGE 15114-00005 ORL2M ORL COMPANY A SECURITY INSURANCE CO OF HARTFORD INSURED CH2M HILL, INC. 225 EAST ROBINSON STREET SUITE 405 ORLANDO, FL 32801-4322 COMPANY B COMPANY C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECnVE POLICY EXPIRAnON LIMITS LTR DATE (MM/DDM) DATE (MM/DDM) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ CLAIMS MADE D OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: BY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM INAII!~R: NIl ".- vr~ AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSAnON AND STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ THE PROPRIETOR! INCL DISEASE - POLICY LIMIT $ PARTNERSlEXECUTlVE OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ A OTHER PROFESSIONAL SPL700726 05/01/97 05/01/98 $2,000,000 EACH CLAIM AND LIABILITY. IN THE AGGREGATE DESCRIPnON OF OPERAnONS/LOCAnONSNEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO RETENnONS) RE: CONTRACT FOR THE MONROE COUNTY SANITARY WASTEWATER MASTER PLAN. *FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. 9I;t1.tlmP.Am:=ftQV~~l.r:::f:::=:fm::=:rtmmrt=:::::::::rr:m::=m::m:m:mr:m:mr:::m::rrrmmr:::m:m:m::::::::rrrr:m:m::r:::r::9AN~~:l't4VNm::=m:::m:::m::r:::m:::m:r:::m:rrr:m::=::::fmrr':rmm:f:rrtr:::::m:mrrrrm:::"'f':'rrtmr::::::::/> 4.5Bl\l~:(_kf:f:fm:::::fm::: ." ....................:.:.:.:.:...... :.:.:.:.:.:.;.:.:.;.:.:.:.: :::::~~~~JItmmrmmrmmI~~lt{~~ttt:::::: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAnON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOnCE TO THE CERnFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGAnON OR LIABILITY OF ANY KIND 0 THE COMPANY, ITS AGENTS OR REPRESENTAnVES. AUTHORIZED REPRE NI~nvE .-..P' ~)0 ~ l' J~ :):m)H{~,/ ";'"A. ~r' " ' ~-" ,,' ", .." '~~aOe.P.b.M~:tt.9.3 MONROE COUNTY MARATHON GOVERNMENT CENTER 2798 OVERSEAS HIGHWAY MARATHON FL 33050