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08/12/1999 Agreement J9annp lL. itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, 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 H~M.QBA.t!QUM TO: Tim MCGarry, Director Growth Management Division Isabel C. DeSantis, Deputy Clerk ~~.~ FROM: DATE: August 9, 1999 At the Board of County Commissioner's meeting held on August 12, 1999, the Board granted approval and authorized execution of a Contract for the Monroe County Stormwater Management Master Plan between Monroe County and Camp Dresser & McKee, Inc. Enclosed please find two (2) fully executed duplicate originals for your return to the consultant. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance County Administrator, w/o doc. File ,,1f-~ CONTRACT FOR THE MONROE COUNTY STORMWATER MANAGEMENT MASTER PLAN THIS CONTRACT is entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the County, and CAMP DRESSER & -1' MCKEE INC., a Massachusetts corporation, whose address is 800 Bri~1I ~v~e,~ _. __ :J::Ilo r- ;.:;! ('") :~;.: - ,.." -'r~ - Suite 710, Miami, Florida 33131, hereafter the Consultant. ~?\:: ~ ~ OG' CN 0 c: -: ." ::::0 1. The Consultant represents that it is professionally qualified t'1i~~uc~th~ . :-{ ::r _ ,." ,,'):,. Q <J Monroe County Stormwater Management Master Plan described in gr~te~etail ig . ...., 0 Appendix A, Scope of Services, of this Contract. The Monroe County Stormwater Management 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. 2. 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 730 days of the notice to proceed. 3. All communication between the parties should be through the following individuals: Monroe County George Garrett, Director Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, FL 33050 Consu Itant Armando Perez Camp Dresser & McKee, Inc. 800 Brickell Avenue, Suite 710 Miami, FL 33131 4. The planning area covered by this Contract includes all areas within the unincorporated portion of the Florida Keys, Monroe County, Florida. Generally, this COM Contract 07/29/99 11 :36 AM area extends from the City limits of Key West to North Key Largo and the Dade County Line on U.S. Highway 1. 5. 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, Schedule of Deliverables. Approximate completion times outlined in Appendix B are intended to be flexible and may be adjusted with the recommendation of the County's Directors of Marine Resources Department and Growth Management Division 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. 6. The lump sum maximum total compensation due the Consultant for satisfactorily completing the Plan is $748,853 hereafter the Contract Price. In addition, the Consultant may, at the recommendation of the County's Directors of Marine Resources Department and Growth Management Division and approval by the Board of County Commissioners, perform some or all of the Optional Tasks as outlined in Appendix A, for additional compensation up to $328,572 as presented in Appendix B. The Consultant shall not perform work which encumbers an amount greater than $250,000 of the Contract Price or Optional Tasks without prior approval of the Board of County Commissioners. 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. COM Contract 07/29/99 11 :36 AM 2 7. The payment for Contract Deliverables may not be made until the Task or Subtask has been determined to be satisfactorily completed by the County's Directors of Marine Resources Department and Growth Management Division. 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 9. The Consultant's subcontractors are not third party beneficiaries 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 Consultantlsubconsultant contracts that are funded, in whole or in part, through this agreement. 8. 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. CDM Contract 07/29/99 11 :36 AM 3 9. 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. 10. 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. Keith & Associates, Inc.; b. Environmental Consulting Systems, Inc.; c. Glen Boe and Associates, Inc.; d. Danish Hydraulics Institute; e. Mote Marine Laboratory; f. Valerie F. Settles, Esq.; g. Hal Thomas, PLS; h. The Market Share Company 11. The County's consent to the eight 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. 12. 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. 13. This Contract is funded pursuant to Policy 4 of the Monroe County 2010 Comprehensive Plan, including County and State sources These sources include, but are not limited to, an agreement with the State of Florida. If any funding source is terminated or if there is a revenue short fall, or if there is a failure to allocate funding CDM Contract 07/29/99 11 :36 AM 4 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 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. 14. The following requirements apply to all of the Tasks and Subtasks performed by the Consultant under this Contract. a. The Stormwater Management 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 County and the Stormwater Technical Advisory Committee 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. d. Deliverables will be provided to the County in the following form: I. Technical memoranda and interim draft documents: One electronic copy, excluding material that is available only as a photocopy, and 25 hard copies must be provided. ii. Final Reports at the end of each Task: One electronic copy, excluding material that is available only as a photocopy, and 50 hard copies must be provided. ii i. Draft Stormwater Management Master Plan Executive Summary: one electronic copy, excluding material that is COM Contract 07/29/99 11 :36 AM 5 available only as a photocopy, and 50 hard copies must be provided. IV. Final Stormwater Management Master Plan Executive Summary: one electronic copy, excluding material that is available only as a photocopy, and 75 hard copies must be provided. e. The format for all electronically produced deliverables follows: I. Word Processing: Microsoft Word 97 or the latest version for Windows NT II. Databases: Microsoft Access 97 or the latest version for Windows NT III. Spreadsheets: Microsoft Excel 97 or the latest version for Windows NT IV. GIS: All GIS coverages shall be created, generated, and delivered in Arclnfo 7.0.4 15. The Consultant must have insurance of the amount and type described in Appendix C. Appendix C is attached and incorporated into this Contract. 16. 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. 17. 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 liable on account of such negligent act or CDM Contract 07/29/99 11 :36 AM 6 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 16. 18. 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. 19. 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. 20. 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. 21. 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 CDM Contract 07/29/99 11 :36 AM 7 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. 22. 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 or representatives of the Florida Department of Environmental Protection (DEP), 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 a DEP between the County and the DEP.. If any audit, payroll, or other financial record keeping requirement of the County/DEP agreement is in conflict with, or has a stricter or more detailed requirement than this Section, then the requirement of the County/DEP agreement prevails. 23. 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 COM Contract 07/29/99 11 :36 AM 8 the County. The County's failure to timely notify the Consultant is a waiver of this warranty. 24. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the 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. 25. 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. 26. 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. COM Contract 07/29/99 11 :36 AM 9 27. While in the course of preparing the Plan, the Consultant may not discriminate against any employee because of race, age, creed, color, sex or national origin. 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. 28. 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. 29. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. CDM Contract 07/29/99 11 :36 AM 10 30. 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. 31. This Contract represents the parties' final and mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Contract cannot be modified or replaced except by another signed Contract. 32. The waiver of the breach of any obligation of this Contract does not waive another breach of that or any other obligation. 33. 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. 34. 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. 35. The CONSULTANT represents that each hardware, software, and firmware product delivered to the COUNTY under this Contract shall be Year 2000 Compliant. CDM Contract 07/29/99 11 :36 AM 11 The CONSULTANT'S responsibility under this representation shall only be to correct or replace non-Year 2000 Compliant products. "Year 2000 Compliant" is the ability of a system, process or item to: a. Handle date information before, during and after midnight, December 31, 1999, including but not limited to: accepting date input, providing date output, and performing calculations and comparisons on dates or portions of dates. Date interpretation and manipulation must be correct for all valid date values within the application domain. Regarding all calendar-related date and calendar-related processing of date data, the system/process will not malfunction, will not cease to function, will not generate incorrect data, and will not produce incorrect results. b. Function accurately and without interruption before, during, and after January 1, 2000, without any change in operations associated with the advent of the new century. c. Respond to two-digit year-date input in a way that resolves the ambiguity as to the century in a disclosed defined and predetermined manner. Interfacing software must make the same century assumptions when processing two- digit years. Accurately process and exchange date/time data when used in combination with another system, process or item. d. Process the year 2000 as a leap year. In addition to the year 2000 leap year dates (February 28-29; March 1, 2000), the following specific dates, and the transition to and from these specific dates, must be processed without error: December 31, 1998; January 1, 1999; September 9, 1999; September 10, 1999; December 31, 1999; January 1, 2000; December 31, 2000; January 1, 2001; December 31, 2004; and January 1, 2005. e. Correctly handle date field containing non-date information and correctly handle a date held in a non-date field. f. Correctly process any date with a year specified as "99" and "00" regardless of other subjective meanings attached to these values. 36. This Contract takes effect on the date of the signature of the last party to sign. CDM Contract 07/29/99 11 :36 AM 12 IN WITNESS WHEREOF each party hereto has caused this Agreement to produce the Monroe County Stormwater Management Master Plan to be executed by its duly authorized representative. i, ,,//-' '-'>.-'~ ,Ie >{. , -).~, ((S ~+~ l~", \,' ~ \\, ,>,~ tl ~ ~'"...", '.' '1 \j~~.,~~~. ~~~ C1ERK ~lMilo.JI~~ DEPUTY Cl.E K - C~ ~ Deput Clerk (SEAL) By a,~~~~ Title V~ /'~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~~E CDM Contract 07/23/99 3:37 PM BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA . .. ~\ By \.U. ~3I~.aJ "'..... ....~ ~ ~-4'-- a ~ Mayor/Chairman (3 --, a - q '1 Camp Dresser & McKee, Inc. Attest: By C' L f(L1e 13 Appendix A Scope of Services Monroe County Stormwater Management Master Plan (SMMP) Appendix A: Scope of Services July 1999 Monroe County, Florida (COUNTY) is required by the adopted Year 2010 Comprehensive Plan (Comp Plan) to prepare a Stormwater Management Master Plan (SMMP) which will assess the adequacy of existing systems, prioritize storm water management needs for each island, identify regulations and policy needs, and develop a plan to finance the construction, operation and maintenance of required facilities. To this end, the COUNTY has employed Camp Dresser & McKee Inc. (CONSULTANT) to complete the SMMP. The basic elements of the SMMP include: Information/Data Gathering and Assessment; Objectives and Standards Setting; Management Strategies and Alternatives; Recommended Programs; and Public Interaction. The geographic area of this project consists of the islands (also referred to as the Keys) in the COUNTY, which are traversed by US Highway 1, or are connected via a bridge to one of these islands. Task I of the scope of services includes data collection within the incorporated areas (i.e., Key West, Key Colony Beach, Layton and Islamorada); referred to as CITIES. Separate scopes of services and associated fees provide master planning services for the CITIES related to the other tasks. At the COUNTY'S option, the CONSULTANT may provide supplemental or expanded services related to stormwater management services such as detailed modeling (see Optional Tasks below), public awareness, legal services, permitting, design, and services during bidding and construction for the programmed improvements. Provided below are the BASIC SERVICES to be provided by the CONSULTANT. Unless otherwise stated, the CONSULTANT will provide draft and final reports prepared for the SMMP in both paper and electronic formats, excluding material that is available only as a photocopy. Task I Information and Data Compilation and Assessment The CONSULTANT will compile existing data, reports and information from the following sources as applicable to this scope of services. From the COUNTY: . Monroe County 2010 Comprehensive Plan; . Monroe County Sanitary Wastewater Master Plan; . Water Quality Protection Program Phases I, II, and III documents; . Final Water Quality Protection Program Document; . Marathon Wastewater Facilities Plan and supporting documents; . Florida Keys National Marine Sanctuary's Management Plan; and, . Any other pertinent data associated with the SMMP. Monroe County Stormwater Management Master Plan Scope of Services Page 1 From other sources: . City of Key West Stormwater Runoff Study; . Key Colony Beach Storm water Management Master Plan; and, . Pertinent documents from other agencies such as Florida Department of Transportation (FDOT), Florida Department of Community Affairs (FDCA), South Florida Water Management District (SFWMD), US Fish and Wildlife Service, US Environmental Protection Agency (US EP A), US Army Corps of Engineers (USCOE), National Oceanic and Atmospheric Administration (NOAA), US Park Service, US Geological Service (USGS), National Weather Service, Florida Marine Research Institute (FMRI) and the Florida Keys National Marine Sanctuary. Other data and reports as available from the members of the Stormwater Technical Advisory Committee will also be compiled and assessed for relevance to the COUNTY SMMP. Data to be collected are defined in the following subtasks. Subtask I-A Natural Setting, Population and Land Uses 1. The CONSULTANT will gather and assess available existing data related to stormwater management on the islands of the Keys. The CONSULTANT will obtain available storm water management information from existing sources in the following areas: population statistics, near- shore marine information (currents, circulation, biology, etc.), existing maps and studies, existing and future land uses (built-out and redeveloped), rainfall data, hydrogeology, historical complaints from the public, known/observed problem areas (both nuisance flooding and water quality), available records of high water marks, flooding and canal water levels, as-built construction documents, design drawings, storm water management studies, permits, survey information, Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs), water quality data and other data available to the COUNTY. Where available from the COUNTY and/or SFWMD, the CONSULTANT will also obtain digital geographic information system (GIS) coverages (digital files and maps) of topography, soils, land uses, and other pertinent information. 2. The CONSULTANT will use the National Oceanic and Atmospheric Administration (NOAA), US Coast Guard, and other COUNTY sources for information on local tides, currents, and bathymetry . 3. The CONSULTANT will collect available groundwater information to help quantify stormwater infiltration. The CONSULTANT will provide to the COUNTY and T AC twenty-five (25) copies of tables and maps compiled as part of the first three elements of this subtask, as well as a listing of data sources. 4. Using available maps, the CONSULTANT will identify, delineate, and refine hydrologic units (drainage basins and patterns) and serious problem areas (water quality impairment and flooding Monroe County Storm water Management Master Plan Scope of Services Page 2 of homes and buildings which occur during small storm events). The COUNTY GIS will be used wherever possible. The COUNTY and CONSULTANT will mutually agree on the base map coverages used for hardcopy submittals of mapped information. 5. The CONSULTANT will evaluate geographical and seasonal rainfall patterns as well as inter- event information. 6. The CONSULTANT will use available data for soils data including percentages ofNRCS Soil Groups A, B, C, and D by hydrologic unit, as well as infiltration rates and total soil storage values based upon groundwater levels and local soils data. This will be coupled with the evaluation of island hydrogeology. 7. The CONSULTANT will use the population data and statistics provided by the COUNTY. The CONSUL T ANT will not provide additional analysis of these data. 8. The CONSULTANT will catalog the present and future land use data from the COUNTY Comp Plan into 10 to 12 classifications based on hydrologic similarity (i.e., anticipated runoff quantity and quality). These land use categories may include residential, commercial, industrial, airports, marinas and related development, roads and bridges, conservation lands (existing and proposed), undeveloped land, wetlands, water bodies, and development restrictions. The COUNTY will provide future land use (Year 2010 and built out). The CONSULTANT will add existing areas of unstabilized and unpaved land use adjacent to bridges. 9. The CONSULTANT will provide twenty-five (25) copies of a Data Needs Assessment Technical Memorandum summarizing the data sources, types, and reports along with a summary of data generated during the review and data still needed for subsequent tasks. This will include data discussed previously as well as problem areas, environmental constraints, and GIS coverages. The CONSULTANT will also develop an Action Plan Section of the memorandum to obtain the needed data. The CONSULTANT will meet with the COUNTY staff to discuss the results of the Data Needs Assessment Technical Memorandum. Subtask I-B Pollutant Load Targets and Analysis The CONSULTANT will use the Watershed Management Model (WMM) to evaluate relative annual and seasonal (wet and dry) stormwater-related pollutant loads to receiving waters. WMM will be used to conceptually evaluate and screen the changes due to land use, septic tanks and BMPs based upon available data. The CONSULTANT will identify potential "hot spots" for stormwater pollutant loading, and, where necessary or deemed productive, will identify areas where more detailed pollutant modeling might be needed. This task will be accomplished as follows: 1. The CONSULTANT will tabulate available data for existing storm water BMPs, discharge data on major wastewater treatment plants, and available data for septic tanks (e.g., spatial location, Monroe County Stormwater Management Master Plan Scope of Services Page 3 sewer service areas, septic failure rates, and septic tank maintenance records). To compare stormwater loading to wastewater loading, the CONSULTANT will use COUNTY provided information from the Sanitary Wastewater Master Plan for onsite wastewater systems. To the extent practicable, the basin boundaries for the WMM loading calculations will match the boundaries of the service areas for the Monroe County Sanitary Wastewater Master Plan. The CONSULTANT will provide the COUNTY and TAC twenty-five (25) copies of tables and maps prepared as part of this effort. 2. The CONSULTANT will set up and apply the WMM using nonpoint source loading factors for model input such as baseflow pollutant concentrations, runoff coefficients, event mean concentrations (EMCs), and septic tank loading factors, based on available data. The CONSUL T ANT will estimate relative annual and seasonal nonpoint source runoff volumes and pollutant loads for the twelve EP A NPDES indicator pollutants (i.e., biochemical oxygen demand, chemical oxygen demand, total suspended solids, total dissolved solids, total phosphorus, dissolved phosphorus, total Kjeldahl nitrogen, total nitrogen, lead, copper, zinc, and cadmium) for present and future land use conditions. The CONSULTANT will use its database of EMCs compiled from previous studies within the United States combined with local EMC data where available. To the extent practicable from available EMC data, the CONSULTANT will separate US 1 as an individual land use. Present and future nonpoint source loadings from each island will be compared and qualitatively evaluated based on relative changes for land use and BMP implementation to indicate potential water quality impacts to the receiving water body. Based upon the water quality evaluations, the CONSULTANT will develop a water quality problem area list and map. Tables and bar charts will be used to present the results. The CONSUL T ANT will document the findings of the Pollution Load Targets and Analysis in a technical memorandum that will become a chapter in the Data Compilation and Assessment Report. The CONSULTANT will provide twenty-five (25) copies of the Pollution Load Targets and Analysis technical memorandum to the COUNTY and T AC. 3. The CONSULTANT will deliver the WMM program and final datasets used in the Monroe County SMMP and offer the COUNTY a half-day training session providing hands-on training for WMM use. Subtask I-C Existing Systems 1. The CONSULTANT will conduct an inventory of existing stormwater systems within the COUNTY using field visits and existing documents. The inventory will include publicly owned stormwater facilities (COUNTY and CITIES), stormwater facilities along COUNTY primary roads, stormwater facilities along FDOT roads, and facilities within commerciallindustrialland use along primary roads. Topographic survey data collection is not included in the subtask. The CONSUL T ANT will use existing aerial photogrammetric mapping and existing survey. data to inventory existing stormwater systems. Monroe County Stormwater Management Master Plan Scope of Services Page 4 2. Additionally, the CONSULTANT will field visit up to fifteen (15) major stormwater systems to provide photographic data as well as assessments of the maintenance being provided and estimates of the overall efficiency of the structure. The COUNTY and CONSULTANT will jointly decide on the major stormwater systems that will be visited by the CONSULTANT. 3. The CONSULTANT will also q~litatively assess the stormwater management systems within up to ten (10) residential subdivisions. The CONSULTANT will query the following sources for additional data: · Momoe County permit files; · South Florida Water Management District; · National Pollutant Discharge Elimination System records from EP A; · Florida Department of Transportation; · City of Key West; · City of Key Colony Beach; and, · US Army Corps of Engineers. This inventory will also include the identification of systems requiring evaluation for water quantity due to flooding problems identified previously. The intent of this effort is to characterize the cause of existing nuisance flooding. 4. The CONSUL T ANT will compile the data into one or more spreadsheets or databases for tabular data and digital map coverages for spatial data. The CONSULTANT will not integrate the databases and digital maps into a geographic information system (GIS). The CONSULTANT will format the information in a way such that the digital information could eventually be incorporated into a GIS under a different project. The CONSULTANT will also provide to the COUNTY a general approach on developing a GIS system. The CONSULTANT will provide the results of this subtask to the COUNTY in an Existing Systems technical memorandum that will eventually become a part of the Data Compilation and Assessment Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and TAC. Subtask I-D Existing Regulatory Programs The CONSULTANT will compile information regarding existing regulatory programs responsible for the management of stormwater within the COUNTY including Momoe County itself, the incorporated cities (Key West, Village ofIslamorada, Layton, and Key Colony Beach), SFWMD, FDEP, the Florida Department of Transportation (FDOT), Florida Department of Community Affairs (FDCA), the United States Environmental Protection Agency (US EP A). Other governmental interests include the other members of the Stormwater Technical Advisory Committee (Florida Keys Aqueduct Authority, US Fish and Wildlife Service, US Park Service, US Army Corps of Engineers, and the National Ocean and Atmospheric Administration). Among other regulatory requirements, the CONSULTANT will consider the following programs: Monroe County Stormwater Management Master Plan Scope of Services Page 5 . Environmental Resource Permit Program (SFWMD); . Stormwater Ordinance and Layman's Brochure (Monroe County); . Land Development Regulations and development restrictions (Monroe County); . Submerged Lands and Environmental Resource Permit Program (FDEP); . Class Five Wells and Ground Injection Control Program (FDEP); . National Pollutant Discharge Elimination System Permits (US EP A); . Area of Critical State Concern and Coastal Management Program (FDCA); and, . Permits under Chapter 14-86, Florida Administrative Codes (FDOT). The CONSULTANT will provide twenty-five (25) copies to the COUNTY and T AC of a technical memorandum summarizing the regulatory and governmental oversights provided by each agency and relate the stormwater program to be developed in the COUNTY to each agency. The CONSUL T ANT will include the following topics in the memorandum: permit requirements, inspections required during and after construction, inspection compliance, overall compliance with regulations and maintenance, evaluation of staffing and training, and overall effectiveness of the regulatory program. The Existing Regulatory Programs technical memorandum will be written in a format to become a chapter in the Data Compilation and Assessment Report. Subtask I-E Existing Stormwater Management Methods and Technologies The CONSULTANT will provide a summary compilation of stormwater management and treatment methodologies currently in use within the Florida Keys. The assessment will include conventional conveyance and storage technologies such as those evaluated in Key Colony Beach and Key West. Potential methods and technologies reviewed will include wet and dry detention, buffer strips, baffle boxes, oil-water separators, chemical additives, recharge wells and bore holes with pretreatment, exfiltration, altered wetlands utilization or enhancement, protection of pristine wetlands, retention ponds, gradually sloped swales, and multipurpose facilities which can serve as park, conservation (e.g., reuse), and/or recreation areas. The focus of the assessment will be on methods that can be applied in publicly owned rights-of-way rather than in private property. The CONSULTANT will invite vendors of new and innovative stormwater technologies to test their products within the Keys. The CONSULTANT will assess the tests relative to applicability within the Keys. The CONSUL T ANT will also document and assess other structural methods for the control of storm water which may be applicable to the Keys but which are not currently being employed. The CONSUL T ANT will research available literature to document potential pollutant removal efficiencies for the structural improvements assessed. The CONSULTANT will provide the COUNTY with twenty-five (25) copies of the technical memorandum on Existing Stormwater Management Methods and Technologies documenting the findings of this subtask. The memorandum will be written in a format to become a chapter in the Data Compilation and Assessment Report. Monroe County Stormwater Management Master Plan Scope of Services Page 6 Subtask I-F Nonstructural Storm water Management Methods Associated with Subtask I -E, the CONSULTANT will consider nonstructural stormwater management methods as they might apply to the COUNTY. Nonstructural methods to be considered will include: public education, street cleaning, hazardous materials management, restrictions on the use of phosphates, stringent litter control programs, control of gray water, control of unconsolidated fill materials, erosion and sediment controls, low impact development (e.g., reduced runoff), Florida Clean Marina Program, and Florida Yards and Neighborhoods program. The CONSULTANT will add other BMPs to the list of non structural methods if deemed potentially applicable to the environment of the COUNTY. The CONSULTANT will assess the applicability of each BMP for the types of problems experienced in COUNTY. The CONSULTANT will also research available literature to list pollution removal efficiencies of non structural stormwater management methods considered. The CONSULTANT will provide the COUNTY with twenty-five (25) copies the Nonstructural Stormwater Management Methods technical memorandum documenting the findings of this subtask. The memorandum will be written in a format to become a chapter in the Data Compilation and Assessment Report. Subtask I-G Data Compilation and Assessment Report The CONSULTANT will compile and organize the technical reports and memoranda completed during Task I into a Data Compilation and Assessment Report. The Report will be written in a format to become a Section in the Stormwater Management Master Plan Report. The CONSUL T ANT will produce a draft Report providing information and results from Subtasks I-A through Subtask I-F including assessments of data collected, pollutant loading and analysis, existing systems inventory, summary of regulatory programs, and general evaluation of structural and non- structural best management practices. Twenty-five (25) copies ofthe draft Report with executive summary will be distributed to the COUNTY and Stormwater TAC for review. The CONSULTANT will meet with the COUNTY and T AC to discuss comments on the draft Report. The CONSULTANT will address comments received and produce a final Data Compilation and Assessment Report. Fifty (50) copies of the final Report, including one un-bound, photo- reproducible copy, will be distributed to the COUNTY and Stormwater TAC. The CONSULTANT will also address comments received on the draft executive summary and provide fifty (50) copies of a final executive summary for the final Report. Subtask I-H Nutrient Reduction Credits for Stormwater Systems The COUNTY currently obtains credits for nutrient reduction when an on-site wastewater facility has been fixed or removed. The credits can be "redeemed" for residential construction. The CONSUL T ANT will evaluate the potential nutrient reduction credits potentially available for the remediation of stormwater quality areas through best management practices. The CONSULTANT Monroe County Stormwater Management Master Plan Scope of Services Page 7 will provide the results of this analysis in a letter report to the COUNTY and meet with the COUNTY to discuss the letter. Task II Objectives, Standards and Problem Area Ranking The CONSULTANT will define a list of goals and objectives for the Monroe County SMMP by working with the Stormwater T AC. As a start, the CONSULTANT will use the goals as defined by the Comprehensive Plan. From the information gathered during Task I, the CONSULTANT will define a list of problem areas (including those identified in Subtask I-B) which will be preliminarily identified as high, medium or low priority. High priority water quality related problems potentially affect public health or the health of the aquatic ecology. Priority flood-related problems potentially affect public health or welfare and can be nuisance in nature. The CONSULTANT will augment and modify this preliminary list with information from the T AC, elected officials and the public based upon the public interaction program (Task V). Based upon the public meetings and the workshop, the list of goals, objectives, and prioritized problem areas will be weighted by importance to each community through discussions with the T AC, elected officials and the public. The list will define the areas for which Stormwater Management Strategies (Task III) may be completed. The CONSULTANT will produce a draft Objectives, Standards, and Problem Areas Report that documents the findings of Task II. The Report will be written in a format to become a Section in the Final Stormwater Management Master Plan Report. Twenty-five (25) copies of the draft Report with executive summary will be distributed to the COUNTY and the T AC for review. The CONSUL T ANT will meet with the COUNTY to review the draft report. The CONSULTANT will address comments received and prepare a final Objectives, Standards and Problem Areas Report. Fifty (50) copies of the final Report and executive summary will be provided to the COUNTY and T AC including one un-bound, photo-reproducible copy. Task III Stormwater Management Strategies and Solutions The purpose of this task is to evaluate various alternative structural and nonstructural options to remediate the problem areas and achieve the goals identified in Task II. Subtask Ill-A Alternatives for Storm water Management Retrofit 1. From the list of potential alternatives, the CONSULTANT will consider alternatives to improve stormwater pollution control and flood reduction in areas of existing development, i.e., "retrofitting". The CONSULTANT will select and prioritize up to 15 problem areas to retrofit; develop retrofit alternatives for each problem area, and compare alternatives and select a Monroe County Stormwater Management Master Plan Scope of Services Page 8 recommended plan. The COUNTY and CONSULTANT will mutually decide on the fifteen problem areas prior to initiation of this subtask. If Task OT-l (Detailed Integrated Modeling of Stormwater Systems) is authorized by the COUNTY for the area of potential retrofit, the CONSUL T ANT will use the developed models to consider the retrofit alternatives. The CONSULTANT will use the WMM model to consider the potential pollution loading reduction possible with the implementation of the alternatives. However, the CONSULTANT will only be required to provide such analysis for alternatives for which pollutant load removal efficiencies are available in literature for the BMP considered in the alternative. The CONSULTANT will work with the Monroe County Land Authority to consider parcel acquisition for preservation where feasible. The CONSULTANT will evaluate alternatives to provide the COUNTY a desired level of service for water quality and quantity. The alternative evaluations shall be based on the following factors: . Implementation constraints for both structural and nonstructural alternatives, including present condition retrofits and/or modifications and future growth plans. . The ability to implement regional, integrated water quantity and quality management alternatives. Alternatives will be directed toward solving serious problems which will also aid/relieve some nuisance problems. The alternatives will be based on comprehensive water quality and water quantity solutions which will consist of non structural (ordinance or regulations) and structural solutions. . Capital, operation and maintenance costs for the recommended management alternatives. 2. The CONSULTANT will consider a treatment train of structural solutions based upon the list of alternatives defined in Subtask I-E. Conservation/reuse opportunities will also be conceptually identified. 3. The CONSULTANT will also evaluate improved maintenance where additional pipe or channel maintenance can be performed to improve overall system maintainability and reliability. 4. The CONSULTANT will also consider cost effective land use controls for both flood control and water quality retrofit so that flood control and water quality LOS goals are met, wherever possible. When a flood control alternative is required, the upstream area from the improvement will be considered for potential retrofit. Additional water quality improvements are considered based upon pollutant load projections, presence of known water quality problems, and existing constraints. 5. The CONSULTANT will document the results of this subtask in an Alternatives for Stormwater Retrofit technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies ofthe technical memorandum will be provided to the COUNTY and T AC. Monroe County Stonnwater Management Master Plan Scope of Services Page 9 Subtask III-B Regulated Systems Restoration - Compliance and Enforcement 1. The CONSULTANT will evaluate the rehabilitation of existing stormwater systems already permitted or regulated within the COUNTY. From the inventory of existing systems completed in Task I, the CONSULTANT will qualitatively evaluate the construction and maintenance of up to 10 major systems based upon field visits of the systems. The field visits will provide photographs of the systems visited. The field visits and qualitative evaluations by the CONSULTANT will not constitute certification of as-built drawings. The benefits and costs of restoring the systems identified will be defined and strategies to fix existing onsite facilities will be offered along with enforcement strategies so that they will not fall into disrepair again. 2. The CONSULTANT will also identify potential staffing needs required to implement the enforcement strategy as well as to provide staff training. The CONSULTANT will document the results of this subtask into a Regulated Systems Restoration technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Sub task III-C Future Storm water Management Needs Since the COUNTY has indicated that little future growth is anticipated, the CONSULTANT will only provide general recommendations regarding the control of future growth to minimize the potential stormwater runoff impacts. The CONSULTANT will summarize development controls through regulations and other methods to regulate growth related to new residential development as well as commercial developments. The CONSULTANT will generally examine the need for, and effectiveness of, onsite stormwater systems to treat runoff and attenuate development-induced increases in stormwater volume and peak runoff. The CONSULTANT will also generally consider regional systems as well as public-private partnerships for cost sharing. Whether residential or nonresidential, development controls will be generally designated for use in developed, high intensity growth and sensitive areas through the treatment train process. Where necessary, both source controls and structural controls will be considered. In non-sensitive areas or areas with low growth potential, only source controls may be needed on a volunteer basis. The CONSULTANT will document the results of this subtask into a Future Stormwater Management Needs technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Subtask III-D Regulatory Program Improvements 1. The CONSULTANT will evaluate and recommend regulatory controls that may be necessary to maintain or reduce stormwater impacts to the environment. Regulatory controls may include changes to the stormwater management ordinance of the COUNTY to address thresholds for the retrofit of existing development, new development stormwater management criteria, and controls Monroe County Stormwater Management Master Plan Scope of Services Page 10 on sources of stormwater pollution such as those recommended by the federal National Pollution Discharge Elimination System (NPDES) stormwater permitting regulations. These regulations suggest the following regulatory controls: the control of stormwater pollutants from industrial activities including construction; the prohibition of non-stormwater discharges to the stormwater system (e.g., washing machine wastewater, restaurant waste discharge, etc.); the proper response to spills and elimination of dumpi.ng; the control of stormwater moving from one municipality to another; requirements for proper federal, state and regional permits; and inspection, surveillance and monitoring. 2. To gain the support of the regulated community, the CONSULTANT will work to educate development reviewers, inspectors, local engineers, and developers to define the benefits of the regulatory programs. Prior to the recommendation of regulatory controls, the CONSULTANT will meet on two (2) occasions with COUNTY development review staff, local ENGINEERS and developers to help develop proper regulatory controls and acceptable measures for pollution reduction. Results of these meetings will be incorporated into the results of this subtask. 3. The CONSULTANT will document the results of this subtask in a Regulatory Programs Improvement technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Subtask JII-E Nonstruetural Storm water Management Programs Alternatives The CONSULTANT will consider source controls and structural controls together in a treatment train. Examples of non structural solutions (source controls) to be considered are: public education, street cleaning, hazardous materials handling, phosphate use restrictions, litter control, control of gray water, erosion/sediment control, land use planning, public information programs related to household hazardous materials, directly connected impervious area minimization, illicit connection removal, construction site controls, low impact development and proper operation and maintenance of municipal and private onsite stormwater systems. The CONSULTANT will evaluate such source controls relative to application within the COUNTY and to efficiency of stormwater pollution control for the pollutants of concern. If numerical information on the pollutant removal efficiency is available based upon literature research, the CONSULTANT will evaluate the potential pollution load reduction available with the application of the nonstructural BMPs within the COUNTY. The CONSUL T ANT will document the results of this subtask in a Nonstructural Stormwater Management Programs Alternatives technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and TAC. Monroe County Stormwater Management Master Plan Scope of Services Page 11 Subtask III-F Evaluation Program The CONSULTANT will develop a program to document the success of the recommended plan. The purposes for assessing the effectiveness ofthe SMMP will be: . Regulatory agencies can determine the effectiveness of the programs that are implemented to encourage the activities that work and eliminate those that do not. . COUNTY elected officials can assess whether limited public funds are being spent properly to achieve actual improvements to the environment. . The public can be shown the benefits of the programs that they have funded. The CONSULTANT will recommend post-planning monitoring of the success of the implemented program. Monitoring may include documentation of program improvements and effectiveness (e.g., reports on frequency and volume of debris removal by street sweeping or litter control, documentation of participation of coastal cleanup activities, etc.), reporting of reduced public complaints and concerns, the elimination of prolonged flooding, and ambient water quality monitoring. The CONSULTANT will strive to coordinate ambient monitoring activities if any are recommended with existing ambient monitoring programs to eliminate or at least reduce redundant sampling and analysis. The CONSULTANT will document the results of this subtask into a technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and TAC. Task III-G Storm water Management Strategies and Solutions Report The CONSULTANT will compile the technical memoranda prepared during Task III into the Stormwater Management Strategies and Solutions Report documenting the findings of Subtasks IlI- A through III-F. The Report will be written in a format to become a Section in the Stormwater Management Master Plan Report and include the consideration of stormwater management retrofits, recommendations for compliance and enforcement issues for regulated systems restoration, assessment of future stormwater management needs, suggestions for regulatory program improvements, consideration of non-stormwater management options, and definition of an evaluation program. Twenty-five (25) copies of the draft Report with executive summary will be provided to the COUNTY and T AC for review. The CONSULTANT will meet with the COUNTY to discuss comments on the draft Report. The CONSULTANT will address comments received and distribute to the COUNTY and TAC fifty (50) final copies of the Stormwater Management Strategies and Solutions Report including on unbound, photo-reproducible copy and executive summary. Monroe County Stormwater Management Master Plan Scope of Services Page 12 Task IV Implementation Program The CONSULTANT will develop an implementation program including an overall schedule with milestones, primary responsibilities, capital improvement program and funding process. Because there will be numerous interested agencies and participants, the CONSULTANT will continue to work with the COUNTY staff (e.g., .Marine Resources, Environmental Resources and Planning Departments) and the Stormwater TAC to define the implementation plan and identify responsibilities and opportunities for cooperative efforts. Subtask IV-A Implementation Schedule The CONSULTANT will prepare an overall SMMP schedule defining the general order of activities for structural and non-structural improvements, and where possible, a milestone schedule with pertinent real completion dates. The schedule will be based upon the criteria identified in Task II (Objectives, Standards and Problem Areas) so that the critical and priority concerns are addressed immediately. Also, the schedule will consider system dependency, cost-effectiveness of those activities with associated costs, water quality priorities, and funding. The CONSULTANT will provide the COUNTY with a draft schedule that will become part of the final Implementation Report. Subtask IV-B Implementation Responsibility Because the implementation of the SMMP may require the participation of numerous agencies, the CONSUL T ANT will prepare a list of SMMP actions with associated responsibilities. The CONSUL T ANT will identify activities and associated responsibilities, maximizing cooperative efforts and minimizing redundancy. The CONSULTANT will document the results of this subtask in an Implementation Responsibility technical memorandum that will eventually become a part of the Implementation Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Sub task IV-C Elements Implementation The CONSULTANT will include, as part of the implementation plan, the consideration and recommendation of programs in the areas of funding and endorsements. 1. Funding. The CONSULTANT will explore methods to fund the SMMP. Potential methods include ad valorem taxes; special assessments (non-ad valorem assessments); 2 cent sales taxes; impact fees; local option gas taxes; stormwater utility user fee; local government infrastructure sales tax; public service tax; federal, state and water management district loans and grants; and public-private partnerships. The CONSUL T ANT will also consider advantages and disadvantages of financing strategies such as pay-as-you-go versus bond financing. Of particular Monroe County Stonnwater Management Master Plan Scope of Services Page 13 interest will be a stormwater utility fee within the COUNTY, which is recommended by the Comprehensive Plan. The CONSULTANT will also consider federal funding opportunities, providing information on the potential coordinating agency and types of projects supported. The CONSULTANT will search available information to find appropriate grants and loans to support the SMMP. 2. Endorsements. Because of the numerous agencies involved in the protection of the Florida Keys environment and ecology, permits, endorsements and outside agency support will be necessary for the implementation of the SMMP. As part of the implementation plan, the CONSULTANT will identify required or desired approvals including federal, state, regional, and local agencies. The CONSULTANT will document the results of this subtask in an Elements Implementation technical memorandum that eventually will become part of the Implementation Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and TAC. Sub task IV-D Implementation Program Report The CONSULTANT will compile documents prepared during the execution of Subtasks IV-A through IV -C in a draft and final Implementation Program Report. The Report will be written in a format to become a Section in the Stormwater Management Master Plan Report. Twenty-five (25) copies of the draft Report will be provided to the COUNTY and T AC for review. The CONSUL T ANT will meet with the COUNTY to discuss comments on the draft report. The CONSUL T ANT will address comments received and distribute fifty (50) copies of a final Implementation Program Report to the COUNTY and T AC including one unbound, photo- reproducible copy. A draft and final executive summary will also be provided. Task V Public Interaction Program The CONSULTANT will develop and implement a public interaction and education program to inform the public about stormwater issues, gather supplemental information, and build support for implementation. At each of the meetings defined below, opportunities for public education on the issues related to stormwater runoff will be offered. The CONSULTANT will develop a stakeholder and public interest database that will include information on groups and individuals who have expressed interest in the SMMP. The database will be augmented with information collected during each public meeting. Subtask V-A Public Input on Goals, Standards and Problem Areas The CONSULTANT will hold four (4) public workshops to discuss objectives and goals for the SMMP. The group of meetings will consist of the following: one set at the beginning of the project and one set at the beginning of Task II. During each public workshop, the CONSULTANT will Monroe County Stonnwater Management Master Plan Scope of Services Page 14 provide summaries (e.g., maps and photographs) of information gathered during Task I and provide opportunities for the public to provide information regarding public expectations and priorities for the SMMP. After the public workshops have been completed, the CONSULTANT will present the findings to the COUNTY Commissioners in a workshop. In connection with these workshops, the CONSULTANT will provide advertising and press releases in the Upper, Middle, and Lower Keys. The CONSULTANT will subsequently document the information provided in the workshops though a summary memorandum to the COUNTY. Subtask V-B Public Input on Storm water Management Strategies The CONSULTANT will hold two (2) public workshops in the to consider potential stormwater management strategies as defined by Task III. The workshops will provide information on the problems being resolved, goals and standards recommended during Task II and model results, if appropriate, accomplished during Task III. The CONSULTANT will also provide information on the benefits and potential costs of alternatives. The CONSULTANT will document comments received during each meeting in a memorandum provided to the COUNTY and Stormwater T AC within 14 days after each meeting. After the public workshops are completed, the CONSULTANT will meet with the COUNTY Commissioners in a workshop to discuss public workshop results. In connection with these workshops, the CONSULTANT will prepare advertisements and press releases and subsequently document the information heard or obtained in the workshops through a summary memorandum to the COUNTY. Subtask V-C COUNTY Commission Presentation The CONSULTANT will hold one (1) presentation to the Board of County Commissioners to present the results of the SMMP. The CONSULTANT will be responsible for the presentation, presentation handout materials, and the meeting location. Subtask V-D Community Group Meetings At the COUNTY'S request and approval, the CONSULTANT will provide presentations (formal and informal) at various community group meeting and functions in order to further public involvement, education and support. For the purposes of budgeting, up to five (5) such presentations have been included in this scope of services. Subtask V-E Newsletters The CONSULTANT will prepare three (3) newsletters documenting the status of the SMMP and inform readers of decisions made, upcoming events associated with the SMMP and upcoming opportunities for public input. Prior to distribution to the public, the COUNTY will review and approve the newsletters. The CONSULTANT will print and mail up to 2,000 copies of each newsletter for distribution. The newsletter will be made available at public places such as city halls, Monroe County Stormwater Management Master Plan Scope of Services Page 15 courthouses, post offices and libraries. The newsletters will also be made available to local newspapers. Subtask V-F Web Page The CONSULTANT will create, maiptain and operate a webpage using the COUNTY'S server to inform the public as well as offer project deliverables for review. The CONSULTANT will include the newsletters, appropriate photographs, and other data to provide the public with web-based information on the important aspects of the development of the SMMP. Task VI Stormwater Management Master Plan Executive Summary At the completion of Tasks I through V, the CONSULTANT will extract key material from each of the Tasks to prepare an overall SMMP Executive Summary. The CONSULTANT will produce fifty (50) copies of the Draft SMMP Executive Summary for the COUNTY and Stormwater T AC review. The CONSULTANT will address comments received and provide seventy-five (75) copies of the final SMMP Executive Summary, including one (1) photo-reproducible version. Monroe County Stormwater Management Master Plan Scope of Services Page 16 Optional Tasks Task OT-l Integrated Modeling of Storm water Systems 1. The CONSULTANT will develop detailed surface, groundwater and near shore water models of up to two (2) islands within t4e COUNTY for the purpose of testing potential stormwater management alternatives to address identified problem areas. The two islands will be selected mutually between the COUNTY and CONSULTANT. The modeling will include hydrologic and hydraulic models of the surface runoff, groundwater modeling including surface water interaction, and near shore circulation models. Boundary conditions will be augmented by information provided by the Florida Bay Model developed by the USCOE. The surface water model will consider up to 10 conduits and catchments for each island. The modeling will include calibration to available tide gages historically monitored in the area of the two islands and will simulate salinity and one other conservative pollutant as a measure of potential effects of pollutant runoff to groundwater and near shore waters. Prior to starting the models, the CONSUL T ANT will review the USCOE Florida Bay Model to determine its applicability for modeling of the islands. 2. Based upon the LOS and other goals identified in Task II, the CONSULTANT will simulate the existing stormwater management system for the two islands during the selected design storm events for existing and future (built-out) land uses. The CONSULTANT will tabulate the peak flows and elevations at selected locations for the design storm events defined in Subtask I-A. Task OT-2 Regulatory and Funding Assistance 1. The CONSULTANT will provide assistance to the COUNTY in evaluating and responding to the regional, state and federal regulatory issues arising out of the planning or implementation of the SMMP. Assistance may include travel to agency offices, meetings with various agencies, telephone conversations, drafting of correspondence, legal support, or other activities that further the regulatory support of the SMMP. 2. The CONSULTANT will provide assistance to the COUNTY in obtaining funding and in-kind support from regional, state or federal agencies for the implementation of the elements of the SMMP. Assistance may include travel to agency offices, meetings with various agencies, telephone conversations, drafting of correspondence, legal support, user fee or assessment database development, additional public acceptance programs, and other activities that help provide funding of the elements of the SMMP. Monroe County Stormwater Management Master Plan Scope of Services Page 17 Task OT-3 Additional Public Meetings The CONSULTANT will provide an additional public meeting in the same manner as Subtask V-A or V -B when specifically authorized by the COUNTY. The CONSULTANT will be responsible for the meeting location, advertisement and meeting materials. 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"" ~~~~~~bO'+~~~~~~~bO'+~~~~~~~~~~~~foI"~~~~~~~~~~~~~"Tl~ :~~~~~~b~be~-~~~~E~~b9~~~bE~~~~9t~~t~~~~~~~ ~W-WO-V'lO-OWOOV'lOO.....,J~~OONQCWV'lWV'lI"oJ.....,JO~~OO__...1~V'lV'lV'l~W~~OON WOOOO~WNOWO~~~OOO~-~V'l~O__...1~w.....,J~V'l__...1~OV'lO--WOOW_WV'l ~ [ ;;- i ;;- ~ "'" ~ o :: o .. n o " " "'~ " '" ~e Q. .., ~;~ ~~~ ;' ~ ; :::::" ~ = = .., .. .. "" ... n o a .. .. a ~ ; n .., .." .. " 1- -> Appendix C Monroe County Insurance Requirements 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 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 . 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 ofthirty (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 any liability or obligation assumed under this contract or imposed by law. Administration Instruction #4709.3 2 1996 Edition The Monroe County Board of County Commissioners, its employees arId officials will be included as "Additional Insured" on all policies, except for Workers' Compensation arId professional liability insurarIce. Any deviations from these General InsurarIce Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" arId approved by Monroe County Risk MarIagement. Administration Instruction #4709.3 3 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR THE MONROE COUNTY STORMW A TER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY, FLORIDA AND CAMP DRESSER AND MCKEE 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 arId Completed Operations . Blanket Contractual Liability . Personal Injury Liability . EXParIded 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 acceptarIce 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 #4709.3 57 1996 Edition PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR THE MONROE COUNTY STORMWATER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY, FLORIDA AND CAMP DRESSER AND MCKEE INC. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase arId maintain, throughout the life of the contract, Professional Liability InsurarIce which will respond to damages resulting from arIY claim arising out of the performarIce of professional services or arIY error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $3,000,000 Aggregate PR03 Administration Instruction #4709.3 80 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR THE MONROE COUNTY STORMW A TER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY, FLORIDA AND CAMP DRESSER AND MCKEE 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 InsurarIce. Coverage shall be maintained throughout the life of the contract arId include, as a minimum, liability coverage for: . Owned, Non-Owned, arId 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 issued to satisfy the above requirements. VL3 Administration Instruction #4709.3 84 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT FOR THE MONROE COUNTY STORMW A TER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY, FLORIDA AND CAMP DRESSER AND MCKEE INC. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation InsurarIce with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability InsurarIce with limits of not less tharI: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a comparIY or comparIies authorized to trarIsact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as arI authorized self- insurer, the County shall recognize arId honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor arId a Certificate of InsurarIce, providing details on the Contractor's Excess InsurarIce Program. If the Contractor participates in a self-insurance fund, a Certificate of InsurarIce will be required. In addition, the Contractor may be required to submit updated finarIcial statements from the fund upon request from the County. WC3 Administration Instruction #4709.3 91 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenarIts arId agrees to indemnify arId hold harmless Monroe County Board of County Commissioners from arIY arId all claims for bodily injury (including death), personal injury, arId property damage (including property owned by Monroe County) arId arIY other losses, damages, arId expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or arIY of its Subcontractor(s) in arIY tier, occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its Subcontractors in arIY tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurarIce, the Contractor shall indemnify the County from arIY arId all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurarIce requirements contained elsewhere within this agreement. TCS