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Item C Revised 2/95 BOARD OF COUNTY COMMISSIONERS ~ AGENDA ITEM SUMMARY Meeting Date: June 28. 2000 Division: County Administrator Bulk Item: Yes No ----K- Department: County Administrator AGENDA ITEM WORDING: Approval of a resolution concerning the Design/Build Contract and the Operation and Maintenance Agreement between the Florida Keys Aqueduct Authority (FKAA) and Ogden Water Systems to construct and operate the Key Largo Wastewater project. ITEM BACKGROUND: At the meeting of the Board of County Commissioners on May 18, 2000, the Board decided to continue their discussion on this issue to a special meeting to be held on June 28, 2000 at 5:00 p.m. at the Key Largo Library. Previous meetings and public forums have also been held. PREVIOUS REVELANT BOCC ACTION: As stated above. ST AFF RECOMMENDATIONS: TOT AL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Arty _ OMB/Purchasing _Risk Management _ DIVISION DIRECTOR APPROVAL: e'~);(~W I James L. Rob s DOCUMENTATION: Included X- To Follow Not Required DISPOSITION: AGENDAITEM#~ ~UN-~~-~~ II: I~ rKU":"U"KU~ ~UU~.. M~~. Urrt~~ IU;~UQ~~~~QAg Board of County Commissioners 8 RESOLUTION NO. -2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CONCERNING THI! FUNDING OF THE DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF THE KEY LARGO WASTEWATER CENTRAL COLLECTION AND TREATMENT FACILITIES BY OGDEN WATER ~YSTEM OF KEY LARGO. INC WHEREAS, pursuant to Chapter 76-411, Laws of Florida, as amended, the Board of Directors of the Florida Keys Aqueduct Authority (the "Authority") has been assigned exclusive jurisdiction over the development, provision, administration, and maintenance of wastewater system services in Monroe Cou nty, Florida, and WHEREAS, in consultation with the Authority, the Board of County Commissioners of Monroe County, Florida ("BOCC") authorized the issuance and publication of a Request for Proposals dated September 8, 1999 for the design, construction, operation and maintenance of a wastewater central collection system and treatment facilities (the "Facilities"), serving Key Largo, and WHEREAS, a technical evaluation panel established by Monroe county, composed of representatives from the U. S. Environmental Protection Agency, the State of Florida Department of Environmental Protection and other agencies, evaluated the proposals received in response to the RFP, and ranked highest the Ogden proposal for a wastewater system to serve substantially all of Key Largo except North Key Largo, and WHEREAS, on January 19, 2000, the BOCC adopted Resolution 035-2000, determining that there is a pressing need for central sewage infrastructure in the area proposed to be served in the Ogden proposal, and WHEREAS, on February 17, 2000, the BOCC adopted Resolution 093- 2000, requesting the Authority to enter into contract negotiations with Ogden Water System of Key Largo, Inc. ("Ogden") for the design, construction operation and maintenance of the Facilities, and WHEREAS, the Authority has negotiated with Ogden a design/build contract and Operation and Maintenance Agreement for the Facilities, and has vUN-~~-~~ 11;~~ ~~UM;MUNKU~ ~UUNAI ~... ur~I~~ IU~~u~~~~~~&g submitted those documents to the BOCC as contemplated in Resolution 093- 2000, and ~ WHEREAS, the Authority has developed and cont;nues to refine rate structure formulae within the hookup fee and monthly rate charge parameters previously established by the BOCC, and WHEREAS, the State of Florida Department of Environmental Protection and the Authority have executed a Clean Water State Revolving Fund Loan Agreement for an estimated loan amount of $76,388,000 to finance construction- related costs of the Facilities, and WHEREAS, there is a realistic expectation that further financial assistance will be forthcoming from government sources which will reduce the Facilities' project debt service, with a corresponding reduction of the Authority's customer charges, now, therefore, Bf! IT RESOLVED BY THe BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The BOCC acknowledges that the Authority has met the intent of Resolution 093-2000. Section 2. Monroe County will vigorously pursue all funding sources which have been identified as potential grants, aid and other financial benefits to diminish the cost of sewer service to Key Largo residents and businesses, and the BOCC requests the Authority's continued participation in that pursuit. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 2Stn day of June, 2000. Mayor Shirley Freeman Commissioner Wilhelmina Harvey Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNlY, FLORIDA By By Deputy Clerk Mayor/Chairperson ]dresfkaaogden I I I I I I I I I I I I I I I I I I I v~.,-~,-~~ a~:~a r~Un:r~M nc.~ M~U~UU~~ ~UIH Table of Contents ARTICLE 1 Definitions and Identifications ARTICLE 2 Intention of FKAA ARTICLE 3 Cona-act Documents ARTICLE 4 OGDEN's Representations ARTICLE 5 Scope of Work ARTICLE 6 Contract Price ARTICLE 1 Payment Procedures ARTICLE 8 Contract Time ARTICLE 9 Limited Notice to Proceed ARTICLE 10 OGDEN's Responsibility ARTICLE 11 FKAA 's Responsibility ARTICLE 12 Changes in the Scope of Work ARTICLE 13 Field Orders ARTICLE 14 Change Orders ARTICLE 15 Claims ARTICLE 16 Dispute Resolution ARTICLE 17 Assignment & Subcontractors ARTICLE 18 Materials. Equipment. & Machinery ARTICLE 19 Working Plans & Drawings ARTICLE 20 Materials and Machinery IU,;jlO~~l:It:i;j521 PAGE 1/1 6 13 13 14 15 17 19 23 24 26 28 28 30 30 31 32 33 34 37 37 Key Largo Wastewater Treatment System Design/Build Contract 2 of 66 JUN-~~-~~ THU 10:23 GR0WTH MGT. DIV. 30~ 289 28~4 P.02 Marl ne Resources ~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Dale: 28 June 2000 Division: Growth Management Bulk Item: Yes _ No _X_ Department: Marine Resources AGENDA ITEM WORDING: Update on status of acquisition and evaluation of permit issues for the Key Largo Wastewater Treatment Plant Site selected at Mile Marker 100.5. ITEM BACKGROUND: At the 18 May meeting of the Board of County Commissioners, the Commission reviewed alternatives for a wastewater: treatment site in Key Largo. After detailed BOCC review and public comment, the Commission selected a site at Mile Marker 100.5. The Commission requested that the Land Authority begin the process of purchasing the site and that other staff evaluate potential pennitting issues. I~REVIOUS RELEVANT BOARD ACTION: 18 May 2000 - The BaCC selected a preferred wastewater treatment plant site at mile marker lOO.S STAFli'RECOMMENDATION: N/A - Update only TOTAL COST: BUDGETED: Yes_ No_ COST TO COUNTY: DIVISION DIRECTOR APPROV AL: Timo agement.NA APPROVED BY: County Anomey _NA_ DEPARTMENT DIRECTOR APPROVAL: G DOCUMENT A 1'ION: Included _ To follow _ Not required -1L Agenda Item #: ;-j) DISPOSITION: DCSPECOOO6l0 06121100 8:36 AM .f1 J. Robert Dean, Chairman Key West Post Office Box 1239 Florida Keys e:::r~g. p ~ Thomas R. McDonald Vice-Chairrnan Tavernier . Fred Shaw Secretary- Treasurer Big Pine Albert O. Appell Duck Key . Linda B. Wheeler Key West Roger Braun Executive Director June 20, 2000 OFFICIAL MEMORANDUM OF TRANSMITTAL TO: JAMES ROBERTS, MONROE COUNTY ADMINIST~.J",9~ ,:~; c;:- ROGER BRAUN, FKAA EXECUTIVE DIRECTOR ." ~ / FROM: COPY: BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY JAMES HENDRICK, MONROE COUNTY ATTORNEY BOARD OF DIRECTORS, FL. KEYS AQUEDUCT AUTHORITY ROBERT FELDMAN, FKAA GENERAL COUNSEL TRANSMITTAL OF OFFICIAL DOCUMENTATION TO THE BOARD OF COUNTY COMMISSIONERS IN RESPONSE TO BOCC RESOLUTION 093-2000 SUBJECT: Per your office's request please find fifteen(15) copies of the following documents: 1. FKAA Resolution #00-04, A Resolution of the Florida Keys Aqueduct Authorizing Required Actions for Timely Implementation of the Board of County Commissioners' Resolution #093- 2000 (Attachment A, Which Requests the FKAA Enter into Contract Negotiations with the Ogden Water Systems, Inc. to DesignlBuildlOperate a Wastewater Treatment Facility in Key Largo, also Requesting the FKAA take certain action prior to contract execution> and providing for an effective date of March 22,2000. 2. FKAA Resolution #00-12, The Florida Keys Aqueduct Authority Hereby Adopts the Monroe County Sanitary Wastewater master Plan; Providing for effective date. 3. FKAA Resolution #00-13, The Florida Keys Aqueduct Authority, In Accordance with BOCC Resolution 093-200, Hereby provides the Monroe County Board of County Commissioners, the Negotiated Design/Build Contract and the Operation and Maintenance Agreement Between the Authority and Ogden Water Systems of Key Largo, Inc. for the Key Largo Wastewater Treatment System; providing an effective date. 4. FKAA Resolution#00-14, A Resolution of the Florida Keys Aqueduct Authority Authorizing FKAA Staff to Enter into Rulemaking Procedures in the Development of Wastewater Policies and Procedures. 5. FKAA Resolution#00-15, A Resolution of the Florida Keys Aqueduct Authority Authorizing FKAA Staff to Enter into Rulemaking Procedures in the Development of Rates, Fees, and Charges for Key Largo Wastewater Project. 6. Executive Summary of the DesignlBuild Contract and complete DesignlBuild Contract as negotiated by FKAA and executed by Ogden Water Systems of Key Largo, Inc. for the Key Largo Wastewater Treatment System. Referenced: Per FKAA Resolution #00-13. 7. Executive Summary of the Operation & Maintenance Agreement and complete Operation & Maintenance Agreement as negotiated by FKAA and executed by Ogden Water Systems of Key Largo, Inc. for the Key Largo Wastewater Treatment System. Referenced; Per FKAA Resolution #00-13. 8. Executed copy of the Clean Water State Revolving Fund Loan Agreement #CS 12060206P, between State of Florida, Department of Environmental Protection and Florida Keys Aqueduct Authority, Florida. 9. Informational listings of: a. Estimated calculation of Connection Fee costs, monthly user costs, optional connection fee financing costs for Package Plant Customers. b. Estimated calculation of Connection Fee costs, monthly user costs, optional connection fee financing costs for customers with existing septic systems (multifamily residential and commercial) Note: These calculations are estimates based on current data base information and subject to modification based on additional individual calculation data, prior to initiation of formal rate setting policy and procedure public hearings. A formal review process will be part of rate policy. Summary: The Board of Directors of the Florida Keys Aqueduct Authority presents the above information in compliance with the intent of BOCC Resolution 093-2000. FLORIDA KEYS AQUEDUCT AUTHORITY RESOLUTION # 00 - 04 A RESOLUTION OF THE FLORIDA KEYS AQUEDUCT AUTHORITY AUTHORIZING REQUIRED ACTIONS FOR TIMELY IMPLEMENTATION OF THE BOARD OF COUNTY COMMISSIONERS' RESOLUTION #093- 2000 (ATTACHMENT A: WHICH REQUESTS THE FKAA ENTER INTO CONTRACT NEGOTIATIONS WITH THE OGDEN WATER SYSTEMS, INC. TO DESIGN/BUILD/OPERA TE A W ASTEW A TER TREATMENT FACILITY IN KEY LARGO, ALSO REQUESTING THE FKAA TAKE CERTAIN ACTION PRIOR TO CONTRACT EXECUTION) AND PROVIDING FOR AN EFFECTIVE DATE OF MARCH 22nd, 2000. WHEREAS, the Florida Keys Aqueduct Authority (FKAA) was established by Special Legislation 76-441, as amended, and WHEREAS, based on FKAA Enabling Legislation amendment HB 4349, the FKAA and Monroe County entered into a Memorandum of Understanding (MOU) establishing criteria for the development of a wastewater utility in Monroe County. The MOU provides that the FKAA will use its authority to become the Wastewater Authority for the entire unincorporated area of the Florida Keys and the sole governmental provider of wastewater services within the County's service area; and WHEREAS, said Act stipulates that the Board of Directors of the Florida Keys Aqueduct Authority shall be the governing body of the Authority and provides that the Board may adopt by-laws, rules, resolutions, regulations and orders prescribing powers, duties and functions in the conduct of business of the Authority, and RESOLUTION # 00-04 March 22nd, 2000 Page 2 WHEREAS, said Act further provides that the Board shall have the power to prescribe, fix, establish and collect rates, fees, rentals, or other charges and to revise the same from time to time for the facilities and services furnished and to be furnished by the Authority; and WHEREAS, the Florida Keys Aqueduct Authority is engaged in the development, design, funding and construction of Wastewater facilities in Monroe County, Florida; and WHEREAS, The Board of County Commissioners of Monroe County, Florida, on February 17th, 2000 passed County Resolution 093-2000 requesting the Florida Keys Aqueduct Authority to enter into contract negotiations with the Ogden Water Systems, Inc., to Design/BuildlOperate a Wastewater Treatment Facility in Key largo and requesting FKAA to address specific concerns and issues in its contract negotiations, enlist outside expert technical assistance for contract negotiations and construction management, and report back to the BOCC on hook-up and monthly user fees prior to contract execution. NOW, THEREFORE BE IT RESOLVED, that the Florida Keys Aqueduct Authority Board of Directors does hereby approve the following: 1. The Executive Director, or his designee(s), is directed and authorized to take all necessary actions (upon review for legal sufficiency) to meet the intent of BOCC Resolution #093-2000 within context ofFKAA's Enabling Legislation, FKAA Policies, the County's Approved Comprehensive Land Use Plan and applicable State and Federal Statutes; 2. That all authorized expenditures for required actions in meeting the intent of BOCC Resolution #093-2000 shall be considered eligible wastewater project initiative and , subject to incorporation in the Project Financial Plan with reimbursement from designated Project Financial Plan revenue sources; RESOLUTION # 00-04 March 22nd, 2000 Page 3 3. It is understood that the FKAA will be the owner of the projected Key Largo Central Wastewater System and shall be the direct recipient of all designated revenues sources and required, Monroe County shall designate the FKAA as the direct recipient of any such designated revenue sources; 4. It is further understood that the initially proposed Equivalent Development Unit (EDU) hook-up costs of $2,500.00 does not fully reflect required debt service coverage, which will be a function of the approved Project Financial Plan; 5. FKAA shall request Monroe County to cooperatively participate where applicable in the DesignlBuildlOperate contract agreement and the Project Financial Plan inclusive of any governmental guarantees; and 6. Providing for an effective date of March 22nd, 2000. ADOPTED THIS 22ND DA Y OF MARCH ,2000 . FLORIDA KEYS AQUEDUCT AUTHORITY BY: a M~/U V v J. ROBERT DEAN, CHAIRMAN (CORPORA TE SEAL) (----:> ~ - '--=~ . . / FRED SHA W, SECRETARY-TREASURER FLORIDA KEYS AQUEDUCT AUTHORITY RESOLUTION #00-12 THE FLORIDA KEYS AQUEDUCT AUTHORITY HEREBY ADOPTS THE MONROE COUNTY SANITARY WASTEWATER MASTER PLAN; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to Chapter 76-411, Laws of Florida, as amended, the Board of Directors ofthe Florida Keys Aqueduct Authority (the "Authority") has been assigned the exclusive jurisdiction over the administration, maintenance, development, and provision of wastewater system services in Monroe County, Florida; and WHEREAS, the Monroe County Board of County Commissioners has approved and adopted the final Monroe County Sanitary Wastewater Master Plan at its May 18, 2000 regular meeting; and WHEREAS, the Monroe County Board of County Commissioners at its June 15, 2000, regular meeting has approved a resolution adopting wastewater service districts throughout unincorporated Monroe County, requesting that the Florida Keys Aqueduct adopt the same districts, and requesting that the FKAA begin an aggressive implementation of the Sanitary Wastewater Master Plan as financial feasibility allows. NOW THEREFORE BE IT RESOL YED, that the Board of Directors of the Florida Keys Aqueduct Authority do hereby approve the following: 1. The Monroe County Sanitary Wastewater Master Plan is officially adopted as a comprehensive planning document in the administration, maintenance, development and provision of wastewater services in Monroe County, Florida as applicable to the Authority under Chapter 76-411, Laws of Florida, as amended. 2. The Wastewater Districts within the unincorporated area of Monroe County as adopted by the Board of County Commissioners and listed as Big Coppitt Key, Baypoint, Lower SugarloafKey, Upper SugarloafKey, Cudjoe Key-West, Cudjoe Key-East, Summerland Key, Little Torch Key, Big Pine Key-Doctor's Arm, Big Pine Key Pine Channel Estates, Big Pine Key-Eden Pines Colony, Big Pine Key Port Pine Heights, Big Pine Key-Sands Subdivision, Duck Key, Conch Key, Layton, and Key Largo are hereby adopted by the Florida Keys Aqueduct Authority and created as the Wastewater Districts under authority of Section 9 (b) of Chapter 76- 411, Laws of Florida, as amended. 3. The Florida Keys Aqueduct Authority is hereby authorized to independently modify, as deemed appropriate, the adopted Wastewater Districts without further official action by Monroe County. The authorization for modification has been officially recognized by the Board of County Commissioners. Page 1 of 2 4. The Florida Keys Aqueduct Authority shall continue to implement the Sanitary Wastewater Master Plan as expeditiously as feasible within local, state, and federal rules, regulations and funding availability. 5. Providing for an effective date of June 16,2000. ADOPTED TIllS 1 6 t h DAY OF J un e , 20000. FLORIDA KEYS AQUEDUCT AUTHORITY BY: (J ~~ J.lt(>BitRT DEAN, CHAIRMAN F Page 2 of2 FLORIDA KEYS AQUEDUCT AUTHORITY RESOLUTION #00-13 THE FLORIDA KEYS AQUEDUCT AUTHORITY, IN ACCORDANCE WITH BOCC RESOLUTION 093-2000, HEREBY PROVIDES THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, THE NEGOTIATED DESIGNfBUILD CONTRACT AND THE OPERATION AND MAINTENANCE AGREEMENT BETWEEN THE AUTHORITY AND OGDEN WATER SYSTEMS OF KEY LARGO, INC. FOR THE KEY LARGO WASTEWATER TREATMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 76-41 I, Laws of Florida, as amended, the Board of Directors of the Florida Keys Aqueduct Authority (the "Authority") has been assigned the exclusive jurisdiction over the administration, maintenance, development, and provision of wastewater system services in Monroe County, Florida; and WHEREAS, the Authority has addressed the intent of BOCC Resolution 093-2000; and WHEREAS, Authority staff has completed the actions under FKAA Resolution 00-04; and WHEREAS, per FKAA Resolution 00-12, the Authority has adopted the Monroe County Sanitary Wastewater Master Plan; and WHEREAS, the Authority and Florida Department of Environmental Protection have executed State Revolving Fund Pre-Construction Loan, CS I 2060206P for the financing of the Key Largo central sewer project. NOW THEREFORE BE IT RESOL YED, that the Florida Keys Aqueduct Authority Board of Directors does hereby approve the following: I. The submittal of the attached official Design/Build Contract and Operation and Maintenance Agreement between the Florida Keys Aqueduct Authority and Ogden Water Systems Key Largo, Inc. for the Key Largo Wastewater Treatment System to the Board of County Commissioners in compliance with BOCC Resolution 093-2000. 2. Upon the Board of County Commissioners' acknowledgement that the Authority has meant of the intent of BOCC Resolution 093-2000, the Authority's Executive Director and Legal Counsel are authorized to execute the attached Design/Build Contract and Operation and Maintenance Agreement on behalf of the Authority. No contract shall exist until such execution by the Authority. ADOPTED TIllS 16 th DAY OF June ,2000. BY: J. FLORIDA KEYS AQUEDUCT AUTHORITY RESOLUTION # 00 - 14 A RESOLUTION OF THE FLORIDA KEYS AQUEDUCT AUTHORITY AUTHORIZING FKAA STAFF TO ENTER INTO RULEMAKING PROCEDURES IN THE DEVELOPMENT OF W ASTEW A TER POLICIES AND PROCEDURES. WHEREAS, the Florida Keys Aqueduct Authority (FKAA) was established by Special Legislation 76-441, as amended, and WHEREAS, said Act stipulates that the Board of Directors of the Florida Keys Aqueduct Authority shall be the governing body of the Authority and provides that the Board may adopt by- laws, rules, resolutions, regulations and orders prescribing powers, duties and functions in the conduct of business of the Authority, and WHEREAS, the Florida Keys Aqueduct Authority is engaged in the development, design, funding and construction of Wastewater facilities in Monroe County, Florida; and WHEREAS, the Florida Keys Aqueduct Authority will require policies and procedures for the implementation, operation and administration of the Wastewater Districts; NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the Florida Keys Aqueduct Authority (FKAA) that: THE STAFF OF THE FLORIDA KEYS AQUEDUCT AUTHORITY IS AUTHORIZED TO ENTER INTO RULEMAKING PROCEEDINGS REGARDING W ASTEW A TER POLICIES AND PROCEDURES FOR MONROE COUNTY. (Corporate Seal) Florida Keys Aqueduct Authority: () ~Ua~ J. Rot{/rt Dean, Chairman FLORIDA KEYS AQUEDUCT AUTHORITY RESOLUTION # 00 - 15 A RESOLUTION OF THE FLORIDA KEYS AQUEDUCT AUTHORITY AUTHORIZING FKAA STAFF TO ENTER INTO RULEMAKING PROCEDURES IN THE DEVELOPMENT OF RATES, FEES, AND CHARGES FOR KEY LARGO WASTEWATER PROJECT. WHEREAS, the Florida Keys Aqueduct Authority (FKAA) was established by Special Legislation 76-441, as amended, and WHEREAS, said Act stipulates that the Board of Directors of the Florida Keys Aqueduct Authority shall be the governing body of the Authority and provides that the Board may adopt by- laws, rules, resolutions, regulations and orders prescribing powers, duties and functions in the conduct of business of the Authority, and WHEREAS, the Florida Keys Aqueduct Authority is engaged in the development, design, funding and construction of Wastewater facilities in Monroe County, Florida; and WHEREAS, said Act further provides that the Board shall have the power to prescribe, fix, establish and collect rates, fees, rentals, or other charges and to revise the same from time to time for the facilities and services furnished and to be furnished by the Authority; and WHEREAS, the Florida Keys Aqueduct Authority is presently will require policies and procedures for the implementation, operation and administration of the Wastewater Districts; NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the Florida Keys Aqueduct Authority (FKAA) that: THE STAFF OF THE FLORIDA KEYS AQUEDUCT AUTHORITY IS AUTHORIZED TO ENTER INTO RULEMAKING PROCEEDINGS REGARDING THE DEVELOPMENT OF WASTEWATER RATES, FEES AND CHARGES FOR THE KEY LARGO W ASTEW A TER DISTRICT. Florida Keys Aqueduct Authority: ~~~k~ J. Ro rt ean, Chairman (Corporate Seal) . Key Largo Wastewater Treatment System EXECUTIVE SUMMARY OF THE DESIGN/BUILD CONTRACT FKAA Project No. 4004-00 1-' The Florida Keys Aqueduct Authority & Ogden Water Systems oCKey Largo, Inc. . 1 . ~-. . I. Intent of Contract The intent of this Contract is to combine the design and construction of the Key Largo wastewater treatment system into one contract consistent with the Request for Proposals (RFP), Ogden's Proposal, and the concerns as outlined in the Monroe County resolution. This Contract has been structured to ensure timely construction of the project as proposed by Ogden, and to ensure that the construction is performed in a good and workmanlike manner. II. Contract Time Consistent with the RFP, Ogden will have 30 months, or 913 calendar days, to achieve substantial completion of Phase I of the project. (~8.4). Phase I is defined as a fully operational treatment plant, deep injection well, and a minimum of 600 EDUs connected, preferably the "Hot Spot" as defined in the RFP. (~ 1.35). In the event that Ogden fails to complete Phase I within the time specified, liquidated damages will be assessed at a rate of $2,000 per day. (~ 8.4). Substantial completion of the entire project, approximately 14,000 EDUs, must be completed within 36 months, Qr 1095 calendar days. (~8.5). Liquidated damages for a failure to obtain substantial completion within that time will be assessed at a rate of $15,000 per calendar day. (~8.5.1). In recognition of the fact that Ogden will have to connect EDUs to the system prior to the substantial completion date, a step down mechanism will be implemented. (~8.5.2). Ogden may mitigate the amount of liquidated damages by connecting EDUs prior to the date set for substantial completion. The $15,000 liquidated damages amount will be reduced on a monthly basis in accordance with the percentage of EDUs successfully connected to the system by Ogden, and accepted by FKAA. (~8.5.2). Ogden will have 60 calendar days from substantial completion to obtain final completion of the entire system. (~8.6). Liquidated damages will be assessed at a rate of $500 per day for each day thereafter. FKAA has also agreed to make payments to Ogden for its interim operation of the facilities prior to the date of substantial completion. (Article 31). Such payment will be based upon the number of EDUs connected by Ogden, and accepted by FKAA, in any given month. (Article 31). However, no interim operations payment will be made to Ogden until substantial completion of the Phase I has been achieved. (~31.2). Interim operations payment will be due 60 days after connection of an EDU in order to ensure that any such payment is funded entirely from customer receipts. (~31.6). III. Design To ensure continued FKAA control over the design, architecture, and constructability of the Ogden system, this Contract contains a limited notice to proceed period. (Article 9). FKAA will issue Ogden a limited notice to proceed upon Monroe County's designation of a legally obtainable treatment plant site. (~9.1). The limited notice to proceed authorizes Ogden to commence with the design, scheduling, survey, and submittal portions of the project. (~9.1). 2 . ~"') . Ogden may not begin actual construction until receipt of the full notice to proceed. Ogden will have 60 calendar days to provide FKAA with the information set forth in Section 9.2, which includes without limitation, an initial project schedule, the identity and location of all necessary real property and easements, and conceptual plans, drawings, and specifications. (~9.2). FK.AA will have a minimum of 30 calendar days to review, comment, and approve or reject Ogden's submissions. (~9.3). FK.AA also has the right to request additional information and/or a conference with Ogden to address any concerns it might have. (~9.4). Ogden's submittals under this Article, as well as the entire project, must comply with any applicable law, code, ordinance, or specification. (~5.3). Ogden's submittals must also by consistent with the requirements of the RFP, Ogden's Proposal and the architectural guidelines set forth in Appendix U. During this limited notice to proceed period, Ogden will also provide FKAA with the identity of the major items or machinery and materials that Ogden intends to use on the project. (~9.2.3). Once these items are approved by FKAA, no substitutions will be allowed unless Ogden can demonstrate that the proposed substitution is an equal substitution with regards to quality, durability, appearance, strength, design characteristics, and performance reliability. (Article 18). IV. Compensation. Ogden will be paid pursuant to the parties' approved schedule of values for the work actually performed each month. (~7.2). FK.AA will not approve payment for the following items prior to the time that Ogden obtains the necessary FDEP permits for each: (1) treatment plant, (2) deep injection well, (3) each of the fifteen vacuum basins, and (4) the US 1 forcemain. (~ 7.2.1). Ogden is required to submit monthly pay applications, along with an updated schedule to FK.AA. FKAA's project representative will review, and either approve or reject Ogden's pay application in accordance with the requirements set forth in Sections 7.4 and 7.5. (~7.3). FK.AA also has the right to withhold all or part of any payment related to any of the specific areas of work identified in Section 7.2.1, should the Executive Director of FKAA determine that Ogden has failed to fulfill any material obligation under this Contract, or has repeatedly and persistently failed to perform any obligation under this Contract. (~7.6). Retainage will be withheld at a rate of 10% until the project is 50% complete. (~7.8). At that time, FKAA may reduce retainage to 5% of the work satisfactorily completed. (~7 .8). At substantial completion, FKAA may reduce retainage to the reasonable value of the left to be performed and any liquidated damages. (~7.8.1). Remaining retainage will be released after the project has obtained final completion. (~7.8.2). 3 . IJ -- v. Ogden's Responsibility. The Key Largo wastewater system must be designed and constructed in accordance with the applicable laws, codes, ordinances, or specifications. (910.1). The system must also be designed and constructed in accordance with this Contract, the RFP, and Ogden's Proposal. (910.1). Ogden must obtain all applicable permits, and is fully responsible for the actions of its employees and subcontractors. (99 10.2 & 10.3). At all times during its performance under this Contract, Ogden must protect its work (9 10.5), adjoining property (927.4), utilities (9 27.2), and private property (9 27.2). In the event that the work performed by Ogden is damaged for any reason, Ogden is fully responsible for correcting, replacing, or repairing the damage. (910.5). In the event that Ogden, or any of its subcontractors, causes damage to any of these items, Ogden is fully responsible for correcting, replacing, or repairing the damage to the pre-construction condition of that item or property. (9 27.2). Ogden will maintain a telephone hotline to receive customer complaints in a timely manner (9 27.4.1), and Ogden has expressly agreed to schedule its work such that it will enter onto a particular parcel of property no more than 3 times during the Project, and will complete the connection in less than 7 days for a residential connection, and less than 10 days for a private. (9 28.6). VI. Termination. FKAA has the right to declare Ogden in default of this Contract for a number of broad, yet clearly defined circumstances. (933.1). These include, a failure to prosecute the work, performing defective work, discontinuing the prosecution of the project, and persistently failing or refusing to make necessary repairs. (9 33.1.1). In the event that FKAA makes such a determination, Ogden will have 10 days to cure the deficiency or be terminated from the project. (9 33.2). FKAA may also terminate the Contract if an uncontrollable circumstance (ie. act of God, illegal act by a third party) or a change in law should occur that interferes with a material obligation of either party for a period of at least 60 calendar days. (9 33.7). In such an event, FKAA must only compensate Ogden for the work performed and expenses incurred prior to the occurrence ofthe event. (933.7). FKAA may also terminate this Contract should it lose funding for the project through no fault on the part ofFKAA. (933.9). Ogden may stop work, or terminate this Contract, should FKAA not make an agreed to payment within 60 days of its due date, fails to review an Ogden pay application within 45 days of receipt, or fails to deliver a vacuum station site within 6 months after Ogden has scheduled the FDEP permit acquisition for that particular basin. (Article 34). FKAA has a fifteen business day cure period if FKAA has failed to make an agreed payment or failed to review an Ogden pay application. (9 34.2). 4 . . " VII. Claims, Disputes, and Dispute Resolution. FKAA has reserved the right to make changes to the project as may be necessary (9 12.1), and FKAA and Ogden will attempt to negotiate a price and/or time extension for any change to the project (9 12.2). Such changes must be accomplished by means of a written change order from FKAA. (9 14.1). Should FKAA and Ogden be unable to reach a mutually agreeable resolution of these issues, FKAA may issue a unilateral change order (9 14.5), and Ogden must proceed with the work. In such an event, FKAA will compensate Ogden for the changed work by paying Ogden's direct costs, plus applicable markups. (9 12.3). Ogden may also request additional time or compensation when it deems that it has had to perform work that was not clearly covered by the Contract, or caused by an uncontrollable circumstance or a change in law. (9 15.1). Ogden is required to provide FKAA with prompt notice of a claim causing event, and provide FKAA with back-up documentation within 30 calendar days. (99 15.1 & 15.3). If FKAA agrees that Ogden is entitled to additional time or compensation, those issues will be negotiated as set forth in Article 12. However, absent fraud, bad faith, or active interference on the part of FKAA, Ogden will only be entitled to a time extension for delays it experiences on the project. (9 15.5). Ogden will not be entitled to monetary compensation for any such delay. (9 15.5). Should Ogden disagree with the written decision of FKAA on any issue, claim, or other dispute it may avail itself of the dispute resolution procedures contained in Article 16. Within 30 days of receipt of FKAA's written decision, Ogden may request to negotiate the dispute with executives of both FKAA and Ogden who have not previously been involved in the subject dispute. FKAA will issue a written decision regarding the dispute at the end of the negotiations, or 30 calendar days, whichever is less. That decision will be binding unless Ogden requests to mediate the issue within 10 days of FKAA's written decision. (9 16.3). Should Ogden request mediation, FKAA will appoint a neutral mediator who will conduct a mediation of the issues in dispute. In the event the parties are unable to reach an amicable resolution of the dispute in mediation, the written decision ofFKAA will be final. (916.4). No litigation may be instituted prior to the project obtaining substantial completion, and the Circuit Court of Monroe County, sitting in Key West is the venue for any such action. (9 16.5). VIII. Bonds, Indemnity, and Insurance. Ogden is required to provide a payment and performance bond securing Ogden's performance under this Contract. The forms for these bonds are attached to this Contract as Appendix C. (9 35.2). Ogden has also agreed to provide FKAA with a performance guaranty from its parent corporation, Ogden Energy Group, Inc. (935.1). Ogden has the obligation to defend, indemnify, and hold FKAA harmless from suits for personal injury or property damage, unless it is determined that the injury or damage was caused by the sole negligence, or willful misconduct, of FKAA. (935.4.1). Ogden will defend and indemnify FKAA for all claims for payment made by any of its subcontractors, laborers, materialmen, and suppliers. (9 35.4.4). Ogden will also defend, indemnify, and hold FKAA harmless for all fines or civil penalties that may be imposed by a regulatory body as a result of 5 . It -- Ogden's, or its subcontractor's, acts, actions, neglect, or omission, unless the fine or penalty is proven to be the result of and uncontrollable circumstance or a change in law. (~35.4.5). 6 r r- I I' r r r r r r r I I I I I Key Largo Wastewater Treatment System DESIGN/BUILD CONTRACT FKAA Project No. 4004-00 The Florida Keys Aqueduct Authority & Ogden Water Systems of Key Largo, Inc. Dated , 2000 r r ARTICLE 21 OGDEN to Check Drawings & Data 39 r ARTICLE 22 Security 39 r ARTICLE 23 Field Engineering 40 ARTICLE 24 r' Field Layout of the Work and Record Drawings 40 ARTICLE 25 Inspection of the Project 40 r ARTICLE 26 Defective Work 42 ARTICLE 27 r Damage to Existing Facilities, Equipment, or Utilities 42 ARTICLE 28 Lands for Work 44 ,r ARTICLE 29 Legal Restrictions and Traffic Provisions 46 r ARTICLE 30 Safety and Protection 47 ARTICLE 31 r Interim Operations 49 ARTICLE 32 Cleaning Up and Removal of Equipment 50 r ARTICLE 33 FKAA's Right to Terminate the Contract 51 ARTICLE 34 r OGDEN's Right to Stop Work or Terminate the Contract 53 ARTICLE 35 Bonds, Indemnification, and Insurance 54 r ARTICLE 36 Re-use 60 ARTICLE 37 r Miscellaneous Contract Provisions 61 ARTICLE 38 r Hurricane Precautions 65 r r r Key Largo Wastewater Treatment System 3 of 66 r Design/Build Contract r r r r r r r r r r r r r r r" r r r r APPENDICES A. Wastewater Management Facilities B. Guaranty from Ogden Energy Group C. Performance and Payment Bonds D. Ogden's Drug Free Workplace Policy E. Existing Collection Systems F. Approved Schedule of Values G. FKAA Approved Conceptual Plans, Drawings, & Specifications H. Limited Notice to Proceed 1. Notice to Proceed J. FKAA Purchase Order K. Schedule of Materials and Machinery for FKAA Purchase L. Change Order M. Unilateral Change Order N. Interim Operations Invoice O. Certificate of Substantial Completion, Phase I P. Certificate of Substantial Completion, Project Q. Certificate of Final Acceptance R. Affidavit and Partial Release, Monthly Payments S. Affidavit and Release, Final Payment T. Final Release, Subcontractors U. Architectural Design V. Mobilization Payment Schedule Key Largo Wastewater Treatment System DesignlBuild Contract 4 of 66 [ [ [ [ L L L L L L [ [' [' I I I I I I THIS CONTRACT is made and executed on the day of , 2000, ("Effective Date") by and between the Florida Keys Aqueduct Authority (hereinafter "FKAA"), and Ogden Water Systems of Key Largo, Inc. (hereinafter "OGDEN"). WITNESSETH WHEREAS, Monroe County, Florida ("Monroe County"), through the Monroe County Office of Budget and Management and the Board of Commissioners, authorized the issuance and publication of a request for proposals dated September 8, 1999, for the design, construction, operation and maintenance of a wastewater collection system and treatment facilities for Key Largo, Florida; WHEREAS, a technical evaluation panel was established by Mpnroe County and composed of representatives from the United States Environmental Protection Agency ("EP A"), the Florida Department of Environmental Protection, and other agencies; WHEREAS, FKAA has the authority to enter into contracts for the design, construction, improvement, enlargement, operation, and maintenance of facilities, su~h as the Facilities, in accordance with its bylaws and organizational documents; WHEREAS, Monroe County authorized FKAA to design, build, own, and operate the Facilities; WHEREAS, Monroe County, through its Board of Commissioners, requested FKAA to enter into contract negotiations with Ogden Water Systems, Inc. for the design, construction, operation, and maintenance of the Facilities by its Resolution No. 093-2000, dated February 17, 2000; WHEREAS, the Facilities will be owned by FKAA and located on land and within rights-of-way and easements acquired by FKAA and made available to OGDEN by FKAA; WHEREAS, FKAA and Ogden Water Systems, Inc. have, consistent with Monroe County's request to FKAA, negotiated the terms and conditions pursuant to which Ogden Water Systems, Inc.'s subsidiary, Ogden Water Systems of Key Largo, Inc. ("OGDEN"), will provide the design, engineering, construction, Equipment, start-up, testing, operation, and maintenance of the Facilities; WHEREAS, OGDEN will design, construct, equip, start up, test, operate, and maintain the Facilities pursuant to this Contract and an operations and maintenance agreement ("Operations Agreement") to be executed contemporaneously herewith; WHEREAS, FKAA desires to receive, and OGDEN desires to provide, design, engineering, construction, operation, and maintenance services under the terms of this Contract and the Operations Agreement; Key Largo Wastewater Treatment System Design/Build Contract 5 of 66 r r r r r r r r r r r~ r r r' r I' I' I" r NOW, THEREFORE, in consideration of the mutual terms, conditions, covenants, and obligations contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FKAA and OGDEN agree as follows: ARTICLE 1 Definitions and Identifications The following terms, when used in the Contract, have the meaning described. 1.1 Affiliate: Any person, corporation, or other entity directly or indirectly controlling or controlled by another person, corporation or other entity or under direct or indirect common control with such person, corporation, or other entity. 1.2 Applicable Law: Each and every law, code, rule, regulation, requirement, specification, order, permit, judgment, decree, or ordinance of every kind whatsoever issued by any government entity, in effect during the term of this Contract, applicable to or affecting the Project, this Contract, and all persons engaged in the Work. 1.3 Business Day: Any day that is neither a Saturday nor a Sunday, nor a legal holiday as designated by the State Legislature or Cabinet as holidays, which include, but are not limited to, New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day , Veterans' Day, Thanksgiving Day, and Christmas Day. 1.4 midnight. Calendar Day: Every day shown on the calendar, ending and beginning at 1.5 Change in Law: Any of the following events or conditions having, or which may reasonably be expected to have, an effect on the performance by the parties of their respective obligations under this Contract: (1) The enactment, adoption, promulgation, modification, or repeal after the Effective Date of any federal, state, or local law, ordinance, code, rule, regulation, or other similar legislation or an official change in interpretation after the Effective Date, of any federal, state, or local law, ordinance, code, rule, regulation, official permit, license, or approval by any regulatory entity having jurisdiction with respect to the design, construction, operation, or maintenance of the Facilities; or (2) The imposition, after the Effective Date, of any material conditions on the issuance, modification, or renewal of any official permit, license, or other approval necessary for the design, construction, operation, or maintenance of the Facilities, which necessitates or makes advisable a capital improvement, modifies OGDEN's guarantees of the Facilities' performance, or establishes requirements with respect to the design, construction, operation, or maintenance of the Facilities which are more burdensome than the most stringent requirements: (a) in effect on the Effective Date, or (b) agreed to by FKAA in any applications for official permits, licenses, or approvals for the Facilities, Key Largo Wastewater Treatment System Design/Build Contract 6 of 66 r. r r r' r r r r r r r' r r r I- I' I' I' r other than any requirements set forth in said applications to comply with future laws, ordinances, codes, rules, regulations, or similar legislation. For purposes of part (1) of this definition, no enactment, adoption, promulgation, or modification of laws, ordinances, codes, rules, regulations, or similar requirement or enforcement policy with respect to any such requirement shall be considered a Change in Law if, as of the Effective Date, such laws, ordinances, codes, rules, regulations, or similar requirement would have directly affected the continued operation and maintenance of the Facilities by FKAA during and after the Interim Operations Period in the absence of this Contract and either such law, ordinance, code, rule, regulation, or similar requirement was either officially proposed by the responsible agency and published in final form in the Federal Register or equivalent federal, state, or local publication and thereafter becomes effective without further action, or enacted into law, promulgated or issued as a draft for comments by the appropriate state or local body before the Effective Date. 1.6 Change Order: A written document issued by FKAA issued by FKAA pursuant to Article 14 ordering a change in the Facilities, plans, drawings, specifications, Contract Time, _ or Contract Price. 1.7 Collection System: All components of the sewer collection system from the point of connection at the wastewater Treatment Plant Site, including gravity lines, vacuum pits, vacuum lines, vacuum stations, force mains, and manholes. 1.8 Contract: This entire and integrated DesignlBuild agreement between FKAA and OGDEN, which supersedes all prior negotiations, representations, or contracts, either written or oral. 1.9 Contract Documents: Those documents identified under Article 3. 1.10 Contract Time: The number of calendar days commencing with the Notice to Proceed, allowed for final completion of the Project, including authorized time extensions. 1.11 Drawings: The official drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings or reproductions thereof, which show the location, character, dimensions, and details of the Work to be performed. 1.12 EDU: An Equivalent Dwelling Unit equals a 167 flow per day average. FKAA has estimated the number of EDU's on the Project to be 14,300, but the parties agree that the number of actual EDU's is subject to revision during the course of the Project. The adjusted number ofEDU's will be used where the number ofEDU's has application in this Contract. 1.13 Effective Date: The date set forth in the first paragraph of this Contract. 1.14 Equipment: The movable goods, tools, devices, and other apparatuses owned and supplied by OGDEN as required for the construction and acceptable completion of the Work, Key Largo Wastewater Treatment System DesignlBuild Contract 7 of 66 r r r r r- r- r r r- r r r- r r' rq r r r ,- together with the necessary supplies for the upkeep and maintenance thereof, all of which shall remain the property of OGDEN after final acceptance. 1.15 Facilities: All of the property and rights, both tangible and intangible, that FKAA owns or uses or subsequently acquires or uses in conjunction with the operation and maintenance of the wastewater treatment system as constructed under this Contract, including by way of example and not limitation, the following: 1.15.1 All real property and interests, rights, or uses of real property whether recorded in the public records or not. 1.15.2 All wastewater facilities, including reuse and reclaimed water, treatment plants, wells, collection, transmission, distribution, pumping, effll1ent, vacuum, and disposal systems of every kind and description, including by way of example and not limitation, all lift stations, pumps, generators, controls, tanks, sewers rehabilitated under Appendix E, distribution, collection or transmission facilities, valves, meters, service connections, and all other physical facilities and subsequent installations used in the operation of the wastewater treatment system. 1.15.3 All Equipment, tools, Machinery, parts, inventory, laboratory equipment, and other personal property used in connection with the operation of the wastewater treatment system. 1.15.4 All easements and licenses in favor of or otherwise lawfully available to FKAA. 1.15.5 All surveys and water and wastewater drawings, plans, engineering designs, blueprints, plans and specifications, maintenance and operating manuals, engineering reports, calculations, non-proprietary computer models, business records, and all other information controlled by or in the possession of FKAA or OGDEN (both in original and electronic formats) that relates to the description and operation of the wastewater treatment system. 1.15.6 All necessary regulatory approvals subject to all conditions, limitations, restrictions contained therein; all permits and other governmental authorizations and approvals of any kind necessary to construct, operate, expand, use and maintain the wastewater treatment system. 1.16 FDEP: The State of Florida, Department of Environmental Protection. 1.17 FDOT: The State of Florida, Department of Transportation. 1.18 FKAA: The Florida Keys Aqueduct Authority whose address is 1100 Kennedy Drive, Post Office Box 1239, Key West, Florida 33041-1239. Key Largo Wastewater Treatment System DesignlBuild Contract 8 of 66 r r r r r r r r r r r r r- r- r" r r- r r 1.19 Field Order: A written order issued by FKAA or its Project Representative which orders minor changes in the Project but which does not involve a change in the terms and conditions of this Contract, including the total cost or time for performance. 1.20 Final Completion: The date certified by FKAA or its Project Representative in accordance with Article 25 that all conditions of the permits and regulatory agencies have been met, all construction, reconstruction, or rehabilitation, including corrective Work, has been performed and all requirements of the Contract Documents have been completed. 1.21 Hazardous or Toxic Waste: By reason of its composition or characteristics, any substance or material which under the provisions of Applicable Law is hazardous, toxic, or poisonous, or any material which could pose a threat to health or safety or cause injury to or adversely affect the construction of the Project or operation of the Facilities. ' 1.22 Highway. Street. or Road: A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. 1.23 Interim Operations: Operation of less than the entire Facilities prior to substantial completion of the entire Project. 1.24 Interim Operations Payment: Payment(s) made by FKAA to OGDEN during the Interim Operation Period in accordance with Article 31. 1.25 Interim Overations Period: The period beginning on the date as certified by FKAA under Article 31 and ending on the date certified for Substantial Completion of the entire Project. 1.26 Machinery: Any and all complex devices, tools, facilities, or other apparatuses, together with the necessary supplies for upkeep and maintenance thereof, that are necessary for the construction and acceptable completion of the Work; that are to be incorporated into the Facilities; and that are, or will, become the property ofFKAA. 1.27 Material: Any substance to be incorporated into the Work or consumed in the performance of the Work that will become the property of FKAA upon FKAA's acceptance of the Project. 1.28 Mobilization: Preparatory work, operations, and mobilizing for beginning Work on the Project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies, and incidentals to the Project sites and for the establishment of temporary offices, buildings, safety Equipment and first aid supplies, and sanitary and other facilities. It also includes the cost(s) of bonds and any required insurance and any other preconstruction expense necessary for the start of the Work. 1.29 Notice means a written communication delivered in person, via facsimile, or by certified or registered mail to be addressed to the last business address known to the person or entity giving notice and addressed to the following individuals: Key Largo Wastewater Treatment System Design/Build Contract 9 of 66 r r [' [ [" [ [ [ [ [ r r r r r'" I" r" I' I' FKAA OGDEN Executive Director Executive Vice President Deputy Director General Counsel Director of Environmental Services Project Manager 1.30 Notice to Proceed: A written notice issued by FKAA or its Project Representative to OGDEN authorizing the commencement of the Work and the commencement of Contract Time. 1.30.1 Limited Notice to Proceed: A written notice issued by F;KAA or its Project Representative to OGDEN authorizing the commencement of a portion of the Work as provided under Article 9, but which does not commence the running of Contract Time. 1.31 OGDEN means Ogden Water Systems of Key Largo, Inc., or its authorized representative, whose address is: 40 Lane Road, Fairfield, NJ 0700~. All references to OGDEN shall include any and all third parties under contract or control of OGDEN, as applicable, and all references to any such third party shall also be deemed to be a reference to OGDEN. OGDEN shall include a design professional engineering and a designlbuild firm as set forth in Section 287.005, Florida Statutes. 1.32 OGDEN's Proposal: The transmittal letter, technical proposal and cost proposal to design, build, and operate a wastewater collection and treatment system to serve the Key Largo area of Monroe County, Florida, submitted to Monroe County in response to the Request for Proposals, together with any addenda thereto and any clarifications and explanations provided by OGDEN. 1.33 Operations Agreement: The Operations and Maintenance Agreement between FKAA and OGDEN relating to the Facilities and executed on the Effective Date hereof. 1.34 Operation: Everything required to be furnished and done for and relating to start- up and interim operation of the Facilities by OGDEN pursuant to this Contract subsequent to Substantial Completion of the Project. Operation shall include the employment and furnishing of all labor, Materials, Equipment, supplies, tools, storage, transfer, transportation, insurance, delivery, and other things and services of every kind whatsoever necessary for the full performance and completion of OGDEN's operation, maintenance, treatment, and related obligations under this Contract, and all of OGDEN's administrative, accounting, record keeping, notification, and similar responsibilities of every kind whatsoever under this Contract pertaining to such obligations 1.35 Phase I: The initial portion of the Project consIstmg of a fully operational treatment plant, deep injection well, and a minimum of 600 EDU's, preferably the area referred to as the "Key Largo Hot Spot" in both the RFP and OGDEN's Proposal. 1.36 Phase II: The remainder of the Project to final completion. Key Largo Wastewater Treatment System Design/Build Contract 10 of 66 r r r r f" r r r f' r r r r r r I~' r' r I~ 1.37 Plans: The official graphic representations of the Project, which, after review and comment by FKAA, shall become a part of the Contract Documents. 1.38 Proiect: The design and construction of a wastewater treatment and collection system(s) to serve the island of Key Largo, Florida, consisting of Phase I and Phase II as defined herein, between mile markers 91 and 106, including all existing or permitted EDU's within that area as of October 31, 1999, all in accordance with the provisions of Appendix A; FKAA Project No. 4004-00. 1.39 Proiect Representative: An authorized representative of FKAA assigned to make necessary inspections of Materials and Work furnished and performed by OGDEN; to review applications for payment; drawing, plan, and specification submittals; and to issue Field Orders as provided in the Contract Documents. FKAA shall provide OGDEN with the identity of its Project Representative no later than the issuance of the Limited Notice to Proceed. 1.40 Request for Proposals: ("RFP") The documents issued by Monroe County seeking competitive offers for the design and construction of the Project, including any addenda thereto. 1.41 Roadway: The portion of a highway within the Project. 1.42 Sites: The real property, including all rights-of-way and easements to be obtained and owned by FKAA upon which the Facilities are to be constructed, consisting of the treatment plant and the collection systems. 1.43 Specifications: Written technical descriptions of Materials, Equipment, Machinery, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 1.44 State: State of Florida 1.45 Subcontractor: The person, firm, or corporation having a direct contract with OGDEN including one who furnishes Material worked to a special design according to the Contract Documents for this Project, but does not include one who merely furnishes Material not so worked. 1.46 Substantial Completion: The date certified by FKAA or its Project Representative when all conditions and requirements of permits and regulatory agencies have been satisfied by OGDEN and the Work is sufficiently complete in accordance with the Contract Documents so that the Project (or defined portion of the Project) is available for full-time use by FKAA for the purposes for which it was intended. Substantial Completion shall not be deemed to have occurred until FKAA or its Project Representative has made an inspection of the construction to determine the status of completion and a written certificate of substantial completion has been issued by FKAA. Substantial Completion of an operating facility shall be that degree of completion that has provided a minimum of seven (7) continuous days of successful, trouble-free operation, which period shall begin after all performance and acceptance testing has been successfully demonstrated to FKAA, and all permits required to operate the Key Key Largo Wastewater Treatment System Design/Build Contract 11 of 66 r r r r r r r r r" r" r r r r' I~' r r I"' r Largo wastewater treatment system have been obtained by OGDEN, including the exploratory injection well permit, but not the operating injection well permit. All Machinery contained in the Work, plus all other components necessary to enable operation of the Facilities in the manner that was intended, shall be complete on the Substantial Completion date. 1.47 Surety: The corporate body that is bound by the contract bond as required under Article 33 with and for OGDEN and is responsible for the performance of the Contract and the payment of all legal debts pertaining thereto. 1.48 Treatment Plant Site: The real property located at Mile Marker 100.5 as officially selected by the Board of County Commissioners for Monroe County, Florida. 1.49 Uncontrollable Circumstance: An event or condition, whether affecting the Facilities, the Project, FKAA or OGDEN that materially and adversely affects the ability of either party to perform any obligation under this Contract, if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as justification for not performing an obligation or complying with any condition of this Contract. Such acts or events may include, but shall not be limited to, the following, if they" meet the requirements of the foregoing sentence: 1.49.1 an act of God, including a hurricane, landslide, lightning, earthquake, flood, drought, sabotage, or similar disturbance; 1.49_2 the failure of any Federal, State, public or private utility having jurisdiction in the area in which the Facilities are located to provide and maintain utilities, services, water or power transmission lines to the Facilities, which are required for the construction, start-up, testing, operation, or maintenance of the Facilities; 1.49.3 governmental preemption of materials or services in connection with a public emergency; and 1.49.4 any illegal activity by a third party that materially interferes with the construction, operation, or maintenance of the Facilities. 1.49.5 any injunctions, court orders, or other governmental action that precludes the actual construction of the Project. 1.50 Wastewater Treatment Svstem(s): The wastewater treatment system(s) shall include, but not be limited to, the land, easements, rights-of-way, Machinery, Materials Equipment, structures, buildings, tanks, chemical feed systems, odor control processes, instrumentation, access roads, buffer provisions, safety and security provisions, fire protection, emergency and stand-by power generation, disposal, and sewer collection systems, including but not limited to land, easements, rights-of-way, buffer provisions, piping, pumps, vacuum Equipment (including valves, pits and tanks) and appurtenances, structures, buildings, instrumentation, access roads, and power supply. Key Largo Wastewater Treatment System Design/Build Contract 12 of 66 r r r r r r- r r r r r r- r- I~ I~- r r- r r 1.51 Work: All labor, Materials, tools, appliances, Machinery, transportation, and incidentals required to execute and complete the requirements of the Contract Documents and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a complete and satisfactory system or structure, including superintendence, use of Equipment and tools, decommissioning on-site wastewater treatment and disposal systems, excluding facilities otherwise permitted by FDEP, in accordance with the Applicable Laws, and all services and responsibilities prescribed or implied. As used herein, the term "provide" shall be understood to mean "furnish, install, complete and in place." ARTICLE 2 Intention of FKAA It is the intent of FKAA to combine into a single contract the design, construction, construction engineering, interim operations, and other related requirements for this Project in accordance with the Contract Documents and the Applicable Laws. It is the intent of FKAA to require OGDEN to design and build a wastewater treatment system(s) to serve the designated areas of Key Largo. The Project shall be constructed in two phases, Phase I and Phase II. This Project must be implemented on a "fast track" schedule, with Phase I fully operational within nine hundred and thirteen (913) calendar days of issuance of the Notice to Proceed, and with Phase II fully operational within one thousand and ninety-five (1095) calendar days of issuance of the Notice to Proceed. The Contract Documents are intended to describe a functionally complete Project to be designed and constructed by OGDEN in accordance with the Applicable Laws. OGDEN will supply any Work, Equipment, Machinery, or Materials that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage in the wastewater treatment industry as being required to produce the intended result, whether or not specifically called for in the Contract Documents. When words, which have a well-known technical or trade meaning, are used to describe Work, Equipment, Materials or Machinery, such words shall be interpreted in accordance with that meaning. Reference to the FDOT and other specifications, manuals or codes or any governmental authority, whether such reference is specific or by implication, shall mean the standard specification, manual, code, laws or regulations in effect at the time of the date of the execution of this Contract. ARTICLE 3 Contract Documents 3.1 The Contract Documents shall be followed in strict accordance as to Work, Material, Machinery, and dimensions except when FKAA may direct otherwise by means of written Change Order. 3.2 Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, OGDEN shall decide upon all discrepancies. OGDEN shall not proceed when in doubt as to any dimension or measurement but shall seek clarification from FKAA or its Project Representative. Key Largo Wastewater Treatment System Design/Build Contract 13 of 66 r r r r r r" r r r r t 1- 1-" 1- 1-' 1-- I- I I 3.3 OGDEN shall maintain four (4) copies of the drawings, plans, and specifications, two (2) of which shall be preserved and always kept accessible to FKAA or its Project Representative. One set shall be marked to reflect the current as-built condition of the progress of construction. 3.4 include: Listed in order of authority in the event of a discrepancy, the Contract Documents 3.4.1 Change Orders mutually agreed to by both parties 3.4.2 The Contract 3.4.3 Department of Environmental Protection Supplementary Conditions 3.4.4 Change Orders issued unilaterally by FKAA 3.4.5 The FKAA approved conceptual plans, drawings, and specifications as submitted by OGDEN during the Limited Notice to Proceed period. A copy of FKAA approved plans, drawings, and specifications shall be set forth as Appendix G prior to issuance of the Notice to Proceed. 3.4.6 Performance and Payment Bonds and Insurance 3.4.7 Field Orders 3.4.8 The Request for Proposals including any Addenda 3.4.9 OGDEN's Proposal, but only where consistent and compliant with the RFP and sub-article 3.4.5 above, including clarifications and explanations provided to the Technical Evaluation Panel. ARTICLE 4 OGDEN's Representations OGDEN makes the following representations: 4.1 OGDEN has thoroughly and carefully examined and studied the Contract Documents. 4.2 OGDEN has visited the area of the Project and investigated the conditions to be encountered, as to the character, quality, and quantities of Work to be performed, and has become familiar with and is satisfied as to the Work, locality, topography, soil conditions, weather and other conditions that may affect cost, progress, timely performance, or furnishing of the Work. 4.3 OGDEN is familiar with and is satisfied as to all Applicable Laws that may affect cost, progress, performance, or furnishing of the Work. 4.4 OGDEN has or will, at its own expense, made or obtained any additional examinations, investigations, explorations, tests and studies and obtained any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the Sites or otherwise which may affect cost, progress, performance or furnishing of the Work. Key Largo Wastewater Treatment System Design/Build Contract 14 of 66 r r r r r' r' r- r r r r I- I- I- I- 1- r I r 4.5 OGDEN has correlated the information known to it, information and observations obtained from visits to Treatment Plant Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data within the Contract Documents and satisfied itself of the locality, topography, soil conditions, weather and other conditions that may affect cost, progress, timely performance, or furnishing of the Work, and that there are no conflicts, errors or discrepancies in the Contract Documents in existence as of the Effective Date. 4.6 OGDEN agrees that the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 4.7 OGDEN represents that it has complied with every requirement of this Article 4 and, in doing so, has satisfied itself that the Contract Price is just and reasonable compensation for all the Work, including all foreseen and unforeseen risks, hazards, and difficulties in connection therewith, including any conditions encountered below the surface of the ground which may be at variance with the conditions indicated in the Contract Documents or the other information available to OGDEN. OGDEN shall not increase the Contract Price except as specifically set forth in this Contract. 4.8 FKAA shall have no responsibility to the extent the design of the Project is insufficient or incapable of performance, and any modification to the Work made necessary by the condition of the Project Sites, subsurface conditions, any conditions encountered in the performance of the Work or otherwise. OGDEN shall not increase the Contract Price except as specifically set forth in this Contract. ARTICLE 5 Scope of Work 5.1 OGDEN hereby agrees to complete the Project described by the Contract Documents, including but not limited to obtaining and furnishing permits, engineering and land surveying services, labor, Materials, Machinery, Equipment, and other services necessary to perform all of the Work to be constructed in accordance with the requirements and provisions of the Contract Documents, Applicable Laws, FDOT and FDEP standards and regulations (where applicable). 5.2 OGDEN agrees to meet regularly with FKAA or its Project Representative at reasonable times and upon reasonable notice. 5.3 OGDEN will develop from the RFP and its Proposal, conceptual plans, drawings, and specifications, which will be provided to FKAA during the Limited Notice to Proceed period, and which will be subject to review, comment, and approval by FKAA or its Project Representative. The reviews will cover constructability, maintenance of traffic, and safety; and the plans, drawings and specifications provided to FKAA under Article 9 shall meet or exceed the standards noted in the RFP and all Applicable Laws. All such documents shall become a part of the Contract Documents after they are provided by OGDEN, and upon review and approval by FKAA. Key Largo Wastewater Treatment System Design/Build Contract 15 of 66 r r r r r" r r" r"' r r r r r r r" 1-- I- f 1- 5.3.1 OGDEN shall submit to FKAA prior to any proposed road or lane closure, a Maintenance of Traffic Plan ("MOT Plan") that shows the scheme(s) that is intended for use on the Project. Any MOT Plan for this Project, including requests for lane closures, must be approved by FDOT prior to implementation. Any MOT Plan must include appropriate signage, barricades and/or temporary striping in accordance with the Florida Department of Transportation Roadway and Traffic Design Standards and/or the Manual on Uniform Traffic Control Devices, Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations. It shall be OGDEN's responsibility to determine the traffic control requirements of the public agencies having jurisdiction of the Project area and satisfy itself that the Contract Price is just and reasonable compensation for all costs incurred or to be incurred in the proper maintenance, control, detour and protection of traffic. No claims for additional compensation will be considered for costs incurred in the maintenance, control, detour and protection of traffic. 5.4 OGDEN shall plan, record, and update the design and construction schedule of the Project utilizing the Critical Path Method ("CPM") of scheduling and software for Windows or such other type of cost loaded schedule. The schedule shall show the various activities of Work in sufficient detail to demonstrate that OGDEN has a reasonable and workable plan to complete the Project within the Contract Time. The schedule shall show the order and interdependence of activities and the sequence in which the Work is to be accomplished as planned by OGDEN. All activities are to be described so that the Work, including EDU connections, is readily identifiable and the progress on each activity can be readily measured. 5.4.1 OGDEN shall prepare and submit for FKAA or its Project Representative's concurrence the Initial Project Schedule in accordance with Article 9, and it shall be updated monthly based on percentage completion and submitted to FKAA or its Project Representative as part of each pay request. 5.4.2 In addition, OGDEN shall, as requested by FKAA or its Project Representative, prepare and submit other necessary schedules (all of which are hereinafter referred to as "Project Schedule") in the interest of completing the Project in the most expeditious and economical manner. 5.4.3 If the Contract Time has been substantially changed as a result of time extensions, FKAA or its Project Representative may request a revised Project Schedule. The revised Project Schedule shall indicate percent completed, measured in dollars and based upon the most recent Project Schedule. If satisfactory, the Revised Project Schedule will become the basis for measurement of progress. 5.4.4 All schedule submittals shall be accompanied by a copy of the schedule files on a DOS compatible 3.5" diskette. 5.5 Schedule. OGDEN shall prosecute the Work in accordance with the latest approved Project Key Largo Wastewater Treatment System Design/Build Contract 16 of 66 r r r r r r r r r r r r r r r r r r [ ARTICLE 6 Contract Price 6.1 FKAA hereby agrees to pay OGDEN for the faithful performance of this Contract, subject to additions and deductions as provided for in this Contract, the sum of Fifty Nine Million, Two Hundred Fifty Seven Thousand Dollars ($59,257,000.00) ("Contract Price"). 6.2 The Contract Price shall expressly include all costs incurred in the performance of the Work, including without limitation, the following items: 6.2.1 All labor directly on OGDEN's payroll used in the performance of the Work on the Project Sites, including social security, fringe benefits and all taxes related thereto; 6.2.2 Salaries of OGDEN's employees stationed at the field office, in whatever capacity employed, including employees engaged at shops or on the road, in expediting the production or transportation of material to be used in the performance of the Work; 6.2.3 Sales and use taxes, excluding those paid directly by FKAA pursuant to Article 20, permit fees, permit renewal fees, laboratory certification fees, royalties, and other taxes mandated by the Applicable Laws; 6.2.4 Losses, approved claims and expenses not compensated by insurance or otherwise, sustained by OGDEN in connection with the Work, including but not limited to any settlements made with the written consent and approval ofFKAA; 6.2.5 Expenses incurred at the Project Sites for telegrams, telephone service, and express mail; 6.2.6 Materials, Machinery, supplies, Equipment, transportation and all other costs required for the proper execution of the Work; 6.2.7 The amounts paid by OGDEN to all Subcontractors for Work performed; 6.2.8 Premiums on all bonds and insurance policies obtained by OGDEN in the discharge of its obligations under the Contract; 6.2.9 Cost of removal of all trash and debris; 6.2.10 Costs incurred due to an emergency affecting the safety of persons or property; 6.2.11 Travel expenses incurred by OGDEN's employees, agents and/or representatives in connection with the Work; Key Largo Wastewater Treatment System DesignlBui1d Contract 17 of 66 r r r r r r r r r r' r r r r r r r r r 6.2.12 The portion of the salaries and benefits of any officer or executive of OGDEN or persons employed in the main office of OGDEN associated with the execution of the Work; 6.2.13 Overhead or general expenses incurred at OGDEN's home office In conjunction with the execution of the Work; 6.2.14 Interest on capital employed In Equipment or In expenditures on the Work; and 6.2.15 All required testing, inspection, and permitting of the Facilities. Key Largo Wastewater Treatment System Design/Build Contract 18 of 66 r r r r r- r r r r f" f r" r r' r t r r r ARTICLE 7 Payment Procedures 7.1 OGDEN shall be compensated for its Mobilization as follows: 7.1.1 Beginning with FKAA's issuance of the Limited Notice to Proceed, and concluding upon the expiration of the ninety day design/review/approval period, OGDEN shall be paid as mutually agreed and set forth in Appendix V. 7.1.2 Beginning with FKAA's issuance of the Notice to Proceed, and concluding with the earlier expiration of one hundred and twenty (120) calendar days, or the acquisition by OGDEN of the first FDEP permit, OGDEN shall be paid as mutually agreed and set forth in Appendix V. 7.1.3 Beginning with the conclusion of the period identified in 7.1.2 above, OGDEN shall be paid the remainder of its Mobilization costs on a pro-rata basis, in accordance with subsequent FDEP permit acquisitions as set forth in Appendix V. - 7.2 All other payments that shall become due after issuance of the Notice to Proceed shall be paid pursuant to the parties' approved schedule of values to be agreed to during the Limited Notice to Proceed period, and made a part of this Contract as Appendix F. OGDEN shall submit to FKAA or its Project Representative on the twentieth (20th) day of each month, beginning with the first month after the Notice to Proceed, OGDEN's application for payment, together with OGDEN's updated schedule, an updated schedule of values for the Work performed, and an affidavit (the form of which is attached as Appendix R) stating that all previous payments received on account of the Work performed on the Project have been applied in full to discharge OGDEN's responsibility associated with prior applications for payment. Payment to OGDEN shall be based upon earned values developed from the Project's latest schedule and the schedule of values as certified by OGDEN and approved by FKAA or its Project Representative. 7.2.1 No payment will be considered or approved for construction work performed on the following items prior to OGDEN obtaining the required FDEP permits: (1) treatment plant; (2) injection deep well; (3) vacuum basins; or (4) US 1 force main. Upon obtaining the applicable FDEP permit for each item, OGDEN shall be paid in accordance with this Article for the Work performed pursuant to that permit. 7.3 FKAA's Project Representative will, within seven (7) business days after receipt of each application for payment, either indicate in writing a recommendation of payment and present the request to FKAA, or return the request to OGDEN indicating in writing the reasons for refusing to recommend payment. In the latter case, OGDEN may, within seven (7) business days, make the necessary corrections and resubmit the request. 7.4 FKAA's Project Representative's recommendation that the application be paid will constitute a representation by FKAA's Project Representative to FKAA, based on the Project Representative's on-site observations of the executed Work, review of the application for Key Largo Wastewater Treatment System Design/Build Contract 19 of 66 r r r r f' r r r r r r r' t r r~ r r r r payment and the accompanying data and schedules, that to the best of the Project Representative's knowledge, information and belief: (l) The Work has progressed to the point indicated; (2) The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation); and (3) The conditions precedent to OGDEN being entitled to such payment appear to have been fulfilled insofar as it is the Project Representative's responsibility to observe the Work. However, by recommending any such payment, FKAA or its Project Representative will not thereby be deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to FKAA's Project Representative, or (ii) that there may not be other matters or issues between the parties that might entitle FKAA to withhold payment to OGDEN. 7.5 FKAA's Project Representative may refuse to recommend the whole or any part of any payment to OGDEN if, in its determination, it would be incorrect to make the representations to FKAA referred to in paragraph 7.4. FKAA or its Project Representative may also refuse to recommend the whole or part of any such payment to OGDEN, or nullify any such payment previously recommended, to such extent as may be necessary in FKAA's Project Representative's determination to protect FKAA from loss because: 7.5.1 The Work is defective, or completed Work has been damaged requiring correction or replacement; 7.5.2 Written claims have been made against FKAA or liens have been filed in connection with the Work; 7.5.3 A Change Order has reduced the Contract Price; 7.5.4 FKAA has been required to correct defective Work or complete Work pursuant to Article 26; 7.5.5 OGDEN is prosecuting the Work substantially behind schedule or not in accordance with the Contract Documents; 7.5.6 OGDEN has failed to make payment to Subcontractors or for labor, Materials, Machinery, or Equipment, except where OGDEN's non-payment is pursuant to the applicable subcontract or agreement, or OGDEN has otherwise presented a meritorious defense to any claim for non-payment; Key Largo Wastewater Treatment System Design/Build Contract 20 of 66 r [ [ [- [" [ [ [ [ [ [" [' [' r (- r I- I- I 7.5.7 Claims have been made against FKAA on account of OGDEN's performance or furnishing of the Work; 7.5.8 Liens have been filed in connection with the Work, except where OGDEN has delivered a specific bond satisfactory to FKAA to secure the satisfaction and discharge of such liens; 7.5.9 The occurrence of any of the events or circumstances entitling FKAA to terminate the Contract under Article 33; or 7.5.10 Any other event or occurrence by OGDEN which could result in loss to FKAA or which entitles FKAA to withhold monies otherwise due to OGDEN. , 7.6 If the Executive Director of FKAA determines that OGDEN has failed to fulfill any material obligation, or that OGDEN has repeatedly and persistently failed to fulfill any obligation, FKAA will provide OGDEN with written notice of its intent to withhold all or part of any payment related to such Work in a particular vacuum basin, the treatment plant, the deep injection well, or the US 1 force main, within which the disputed item(s) are located. OGDEN shall have ten (10) calendar days from its receipt of the notice from FKAA to commence the remedy of its failure, and shall not receive payment until OGDEN has promptly performed the obligation. 7.7 Upon receipt and approval of a properly submitted and accurate application for payment, and further provided that FKAA has not exercised its right to withhold payment under the Contract Documents, FKAA shall make payment to OGDEN of the amount approved within sixty (60) calendar days, but in each case the payment shall not include the total of payments previously made or amounts properly withheld by FKAA under the Contract Documents. 7.8 FKAA will deduct from the application for payment, and retain as part security, ten percent (10%) of the amount earned for Work satisfactorily completed. A deduction in retainage of ten percent (10%) will be made on the amount of the application for payment for approved items of Material and Machinery delivered to and properly stored at the jobsite but not incorporated into the Work. When the Work is fifty percent (50%) complete pursuant to OGDEN's most recent Project schedule, and at the written request of OGDEN, FKAA may reduce the retainage to five percent (5%) of the dollar value of all Work satisfactorily completed to date, provided that OGDEN is making satisfactory progress and there is no specific cause for a greater retainage. Such reduction shall not apply to the rate of retainage to be held with respect to Work completed thereafter. FKAA may reinstate the retainage up to ten percent (10%) if FKAA determines, in its reasonable discretion, that OGDEN is not making satisfactory progress or there is other specific cause for such withholding. 7.8.1 After FKAA has certified that OGDEN has attained substantial completion of the entire Project; FKAA may release payment due to OGDEN reducing retainage withheld to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion and the amount of liquidated damages, if any. Key Largo Wastewater Treatment System Design/Build Contract 21 of 66 r r r r r r' r r r r" r r' r r r r r r r 7.8.2 Any retainage remaining will be paid to OGDEN upon attaining Final Completion and upon OGDEN fulfilling all requirements contained in the Contract Documents for Final Payment. 7.8.3 Any reduction in retainage shall be at FKAA's discretion and OGDEN shall have no entitlement to a reduction of the same. Nothing in this section shall prohibit FKAA from withholding monies due OGDEN as provided for elsewhere in this Contract. 7.9 Upon Final Completion of all of the Work, OGDEN shall submit to FKAA its final application for payment, along with an affidavit of an authorized representative of OGDEN in the form attached as Appendix S, that all payrolls, Material bills, Subcontractors, and all other costs incurred by OGDEN in connection with the construction of the Project have been paid in full. OGDEN shall also deliver to FKAA all warranties, guarantees, operational manuals, and instructions at this time. As-built drawings must be completed before Final Payment can be made by FKAA. Upon approval of the final application for payment by FKAA, FKAA shall make full and final payment on account of this Contract within ninety (90) calendar days of receipt and approval of OGDEN's final Application for Payment and other documents as required by the Contract Documents, and after completion of the final inspection as defined in Article 25. Approval of the final application for payment by FKAA shall require approval by FKAA's Board of Directors. 7.9.1 FKAA reserves the right to withhold from the final payment any disputed amounts between OGDEN and FKAA. FKAA will release all other amounts due as provided herein. 7.10 The acceptance by OGDEN of the final payment shall constitute a waiver of all claims by OGDEN not previously excepted and reserved and shall release FKAA from all other claims and all liability to OGDEN for all things done or furnished in connection with the Work and for every act of FKAA and others relating to or arising out of the Work. No payment, however, final or otherwise, shall operate to release OGDEN or its Sureties from obligations under this Contract, the Performance and Payment Bond(s), and other bonds and warranties as herein provided. 7.11 If through no fault of OGDEN, FKAA delays making payment for more than sixty (60) days from the date that FKAA approves OGDEN's application for payment in accordance with this Article, FKAA will pay interest at a rate of six percent (6%) per annum for each calendar day thereafter. No other interest on monies owed will be allowed. 7.12 Nothing contained in this Article shall be construed to affect the right, hereby reserved to FKAA, to reject the whole or any part of the Work, in the event that such Work is later found not to have been performed in compliance with the provisions of the Contract. Payment by FKAA and acceptance by OGDEN of partial payment based on periodic estimates of progress of Work performed shall not, in any way, constitute acceptance of the estimate of progress used as the basis for computing the amounts of the partial payments. Key Largo Wastewater Treatment System Design/Build Contract 22 of 66 r r r t r' r- r f' r r t t r I~ I~' r I r I ARTICLE 8 Contract Time 8.1 FKAA shall instruct OGDEN to proceed with the Work by issuance of the Notice to Proceed, which shall not be provided to OGDEN prior to the date Monroe County has secured the right to perform Work on the Treatment Plant Site, and FKAA has completed its review, comment, and approval of OGDEN's conceptual design under Article 9. The Contract Time shall commence on the date specified in the Notice to Proceed. 8.2 It shall be OGDEN's responsibility to determine any work hour, odor, and/or noise limitation or requirement of the public agencies having jurisdiction over the Project area, including without limitation FKAA, Monroe County, FDEP, and FDOT, and to satisfy itself that the Contract Price is just and reasonable compensation for all costs incurred or to be incurred as a result of such limitation or requirement. No claims for additional payment or additional time will be considered for costs incurred as a result of any such work hour or noise limitation or requirement. 8.3 OGDEN and FKAA mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 8.4 OGDEN understands that if substantial completion is not attained by the dates scheduled for substantial completion, FKAA will suffer damages that are difficult to determine and accurately specify. OGDEN agrees that if substantial completion of Phase I is not obtained by earliest possible time and in no event longer than nine hundred and thirteen (913) calendar days after issuance of the Notice to Proceed, OGDEN shall pay FKAA two thousand dollars ($2,000.00) per calendar day as liquidated damages for each day that substantial completion of Phase I is delayed. 8.5 OGDEN agrees that if substantial completion of Phase II is not obtained by the earliest possible time and in no event longer than one thousand and ninety five (1095) calendar days after issuance of the Notice to Proceed, OGDEN shall pay FKAA liquidated damages for each day that substantial completion of Phase II is delayed as follows: 8.5.1 The base liquidated damages amount of fifteen thousand ($15,000.00) dollars per calendar day; 8.5.2 The base liquidated damages amount shall be reduced on the thirtieth (30) calendar day of each month during the Interim Operations Period by the percentage of EDU's that OGDEN has acceptably connected to the Facilities. The number of EDU's acceptably connected to the Facilities shall be the same number agreed to by FKAA in computing the Interim Operations Payment amount under Article 31. The base liquidated damages amount shall be reduced for all EDUs for which FKAA does not obtain licenses or orders as provided in Section 28.5.1. 8.6 OGDEN understands that after substantial completion of Phase II is attained, should OGDEN neglect, refuse, or fail to complete the remaining Work and achieve fmal Key Largo Wastewater Treatment System DesignlBuild Contract 23 of 66 r r r r r [' [ [ r r r r r r r I~ r I- r completion of the entire Project within sixty (60) calendar days, FKAA will suffer damages that are difficult to determine and accurately specify. OGDEN therefore agrees that if Final Completion is not attained for the entire Project within sixty (60) calendar days of OGDEN obtaining substantial completion of Phase II, OGDEN shall pay FKAA five hundred dollars ($500.00) per calendar day after the scheduled final completion date as liquidated damages. 8.7 These amounts are not penalties, but are liquidated damages to FKAA. The liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by FKAA as a consequence of such delay, and both parties desiring to alleviate any question or dispute concerning the amount of said damages and the cost and effect of OGDEN's failure to complete the Project, and each phase thereof, on time. 8.8 FKAA has the right to apply liquidated damages against any amounts FKAA owes OGDEN. The parties expressly agree that the prohibition against the claim for or recovery of consequential damages provided in Section 37.18 does not bar the recovery of liquidated damages. ARTICLE 9 Limited Notice to Proceed 9.1 Within thirty (30) calendar days of the Effective Date, FKAA shall issue OGDEN a Limited Notice to Proceed, authorizing OGDEN to commence with the design, scheduling, submittal, and other portions of the Work, other than actual construction. The Limited Notice to Proceed shall not commence Contract Time. 9.2 After issuance of the Limited Notice to Proceed, OGDEN shall have sixty (60) calendar days in which to complete the following, which shall collectively constitute the basis of design: 9.2.1 The initial Project schedule in accordance with Article 5; 9.2.2 Major Subcontractor List in accordance with Article 17; 9.2.3 The Material, Equipment, and Machinery List in accordance with Article 18; 9.2.4 The identity and location of all real property, easements, and right-of- ways that will be necessary and essential to construct the Project, in accordance with Article 28. 9.2_5 Aerial and Ground Surveys 9.2.6 Plant hydraulic profile 9.2.7 Plant process flow diagram Key Largo Wastewater Treatment System Design/Build Contract 24 of 66 r r f' r r r r r r r r r' r r I~- I~ I" I" I" 9.2.8 Elevation of treatment plant buildings 9.2.9 Typical vacuum station layout 9.2.10 Typical vacuum station elevation 9.2.11 Conceptual and Preliminary plans, drawings, and specifications m accordance with Section 18, 9.2.12 Standard manufacturer drawings and specifications for all major items of Machinery and Materials as requested by FKAA upon review of OGDEN's submittal under Section 9.2.3. 9.2.13 Schedule of Values 9.3 After the expiration of the sixty (60) calendar day design and submittal period, provided in Section 9.2, FKAA shall have a minimum of thirty (30) calendar days to review, comment, and approve the documents and other information submitted by OGDEN under this Aurticle. - 9.4 FKAA shall review these designs and submittals for content, and promptly make any comments, objections, or approvals it may have thereto in writing to OGDEN. If FKAA raises any objection to the information provided above, OGDEN agrees to meet with FKAA at a reasonable time, upon reasonable notice, for the purpose of reaching mutual agreement on the item(s) at issue. 9.5 Review, comment, objection, or approval by FKAA shall not relieve OGDEN from responsibility for errors or omissions of any sort. FKAA's review, comment, objection, or approval, shall be general and shall not relieve OGDEN of responsibility for the accuracy of such documents and information, nor for the proper fittings and construction of the Work, nor for the furnishing of the Materials or Work required by the Contract and not indicated on the plans, drawings, and specifications. 9.6 At the expiration of FKAA's review and approval period, and when Monroe County has secured the right to perform Work on the Treatment Plant Site, FKAA shall issue OGDEN the Notice to Proceed and Contract Time shall commence. 9.7 Nothing in this Aurtic1e is intended to grant FKAA the right or obligation to supervise, direct, control or have authority over, or responsibility for, OGDEN's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto. FKAA will not be responsible for OGDEN's failure to perform the Work in accordance with the Contract Documents or for any failure of OGDEN to comply with all Applicable Laws. 9.8 During the period oftime from issuance of the Limited Notice to Proceed and the Notice to Proceed, OGDEN shall undertake only design, scheduling, submittal, surveying, and such other Work as is precedent to beginning construction. OGDEN may mobilize its Key Largo Wastewater Treatment System Design/Build Contract 25 of 66 r r r r r r r r r r r r~ r I~. 1-- I"d I" r 10 construction Equipment and construction personnel during that period of time, and mobilization shall be paid in accordance with Section 7.1. No other request for mobilization payment will be considered or approved by FKAA. 9.9 Should the Parties be unable to reach a mutual agreement on the design as set forth in the conceptual plans, drawings, and specifications presented to FKAA under 9.2.11, FKAA may terminate this Contract and compensate Ogden for the work performed under the Limited Notice to Proceed as set forth in the approved schedule of values. ARTICLE 10 OGDEN's Responsibility 10.1 The parties acknowledge and agree that FKAA is purchasing, and OGDEN is bound to deliver, the design and construction of a wastewater treatment system that shall be constructed in accordance with the Contract Documents and shall comply with all Applicable Laws, and the Standard Building Code where applicable. Ip.2 All permits, licenses, and approvals required by the Applicable Laws necessary for the prosecution of Work and completion of the Project by OGDEN shall be secured and paid for by OGDEN, except as otherwise may be provided in this Contract. OGDEN shall make, at its own cost and expense, any changes to the Project required by the permitting agencies that do not constitute a Change in Law. It is OGDEN's responsibility to have and maintain appropriate certificate(s) of competency, valid for the Work to be perfonned, including but not limited to those for all persons working on the Project for whom a certificate of competency is required. 10.3 OGDEN shall be fully responsible for the actions of all persons working on the Project. 10.3.1 OGDEN shall, maintain a competent superintendent on the Project at all times while Work is in progress to act as OGDEN's agent. OGDEN shall provide a superintendent who is capable of properly interpreting the Contract Documents and is thoroughly experienced in the type of Work being perfonned. Said superintendent shall have the full authority from OGDEN to receive instructions from FKAA or its Project Representative and to execute any Field Order from FKAA or its Project Representative. 10.3.2 OGDEN shall provide competent, careful, and reliable foremen and workmen with sufficient skill and experience to properly perform the Work assigned to them. Said foremen and workmen shall make due and proper effort to execute the Work in the manner prescribed in the Contract Documents. 10.3.3 Whenever FKAA determines that any person employed by OGDEN, its Affiliates, or any of its subcontractors is incompetent, intemperate, disorderly, or insubordinate, FKAA will provide OGDEN with written notice of that determination. OGDEN shall have ten calendar days to investigate such matter and deliver a report to the Executive Director of FKAA with its findings and recommendations. Should the Executive Director of FKAA request OGDEN to remove the subject employee from the Key Largo Wastewater Treatment System DesignlBuild Contract 26 of 66 r r r r- r r r r r r' r r [, 1-- I-- I' I I I Project, OGDEN shall immediately remove that person unless it timely invokes the dispute resolution procedures of Article 16, in which case OGDEN may choose to delay the removal, if necessary, until the conclusion of mediation. OGDEN will not employ on any part of the Project any person removed in accordance with this Section 10.3 without the written consent of FK.AA. If OGDEN fails to remove such person or persons pursuant to the conclusion of the mediation that such person be removed, FKAA may withhold all payments that are or may become due, or suspend the Work until OGDEN complies with such orders. lOA OGDEN shall give the Work the constant attention necessary to ensure the scheduled progress and cooperate fully with FKAA or its Project Representative and with other contractors at work in the vicinity. 10.5 Until FKAA's final acceptance of the Work, OGDEN shall take charge and custody of the Work and take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, arising either from the execution or from the non-execution of the Work. OGDEN shall rebuild, repair, restore, and make good, without additional expense to FKAA, all injury or damage to any portion of the Work occasioned by any of the above causes before its completion and acceptance. 10.6 OGDEN shall comply with, and be bound by, the terms of OGDEN's "Drug Free Work Place" policy as set forth in Appendix D. 10.7 OGDEN agrees to bind specifically every Subcontractor and consultant to the applicable terms and conditions of this Contract for the benefit of FK.AA. 10.8 OGDEN shall provide and pay for all architecture, engineering, landscape architecture, and land surveying services, Materials, labor, water, tools, Equipment, light, power, transportation, and other facilities and services necessary for the proper execution and completion of the Project, whether temporary or permanent, and whether or not incorporated in the Project. OGDEN will be responsible for preparing all necessary designs (including proposed facility and collection line locations), plans, drawings and specifications, and providing construction management and facilities start up. OGDEN will be responsible for the provision, installation, performance, maintenance, and/or repair of all Materials, Machinery, Equipment, staffing, expertise, structures, appurtenances, buildings, tanks, chemical feed systems, instrumentation, access roads, buffer provisions, safety and security provisions, fire protection, emergency and stand-by power generation, permits, sewer collection systems, sewer rehabilitation work in accordance with Appendix E, corrective work, geotechnical information, Materials testing and approvals, and all other items needed to complete the Project in accordance with the Contract Documents and all Applicable Laws. OGDEN will also be responsible for maintenance and/or repair of all land, easements, and right-of-ways to its pre-construction condition, .and the decommissioning of all wastewater treatment disposal systems included within the Project in accordance with the Contract Documents and all Applicable Laws. OGDEN is in no way relieved of the responsibility for the performance of any and all Equipment or Machinery furnished to the Project. Key Largo Wastewater Treatment System Design/Build Contract 270f66 r r- r' r- r r' r' r r r r- r r- 1-- I- I- I I r ARTICLE 11 FKAA's Responsibility 11.1 FKAA will assist OGDEN by placing at its disposal any available information pertinent to the Project including previous reports, laboratory tests and inspections of samples, Materials and Equipment; property, boundary, easement, rights-of-way, topographic and utility surveys; property descriptions; and known zoning, deed and other land use restrictions. 11.2 FKAA will arrange for access to and make reasonable provision for OGDEN to enter upon property ofFKAA or Monroe County as required for OGDEN to perform the Work. 11.3 FKAA shall make payment to OGDEN when due as provided in Article 8. . 11.4 FKAA shall provide OGDEN with the real property necessary and essential for the completion of the Work, and FKAA will obtain necessary changes to or variances from zoning requirements. FKAA shall pay all applicable property tax, if any, on the real property on which the Facilities are located. 11.5 FKAA shall provide OGDEN with license agreements from private property owners, or applicable orders, to allow OGDEN to connect each EDU to the collection system and to decommission the existing wastewater treatment process, if any. 11.6 FKAA shall obtain lane closure permits and provide reasonable assistance to OGDEN in obtaining the permits necessary to complete construction. 11.7 FKAA shall not supervise, direct, or have control or authority over, nor be responsible for, OGDEN's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of OGDEN to comply with all Applicable Laws. FKAA will not be responsible for OGDEN's failure to perform the Work in accordance with the Contract Documents. ARTICLE 12 Changes in the Scope of Work 12.1 Without invalidating this Contract and without notice to any Surety, FKAA reserves the right to make such changes from time to time in the character or quantity of the Project as may be considered necessary or desirable to complete fully and acceptably the Project in a manner satisfactory to FKAA. Any such change to the Work must be accomplished by means of appropriate written Change Orders subject to Article 14 herein. FKAA will not be liable for the costs associated with such changes to Work performed by OGDEN without OGDEN obtaining written authorization from FKAA before commencing the performance of that work. 12.2 FKAA and OGDEN will negotiate a price for any extra or additional work. Where the costs are negotiated, OGDEN will submit an estimate to FKAA in terms of labor, Key Largo Wastewater Treatment System Design/Build Contract 28 of 66 [ [' [ [' [ [ [ [~O (" r r" [ r~ I"' I- I- I I I Materials, Equipment, overhead, and other expenses incurred solely as a result of the extra or additional work. 12.2.1 The portion of the cost for Equipment shall be based on the Blue Book Rental Rate for Construction Equipment, published by the Machinery Information Division of K-II Directory Corporation (version current at the time of the Work) in accordance with the following: 12.2.1.1 Costs shall be provided on an hourly basis. Hourly rates for Equipment being operated or on standby shall be established by dividing the Blue Book rates by 176. The itemizing rates in the columns labeled "Weekly", "Daily", or "Hourly", shall not be used. 12.2.1.2 Rates shall be adjusted using regional adjustments and rate adjustment tables according to the instructions in the Blue Book. 12.2.1.3 Equipment required to be idled and on standby shall be at 50% of the Blue Book Ownership cost only. No more than eight (8) hours of standby time each day will be considered for payment. 12.2.1.4 allowed. No additional overhead on Equipment costs will be 12.3 Where a price cannot be negotiated for such extra or additional work, FKAA will pay in accordance with the following criteria: 12.3.1 Labor - Payment will be based upon the actual costs ofthe labor extended on the extra or additional work plus a markup of twenty percent (20%). 12.3.2 Material and Machinery - Payment will be based upon the actual costs directly related to the extra or additional Work plus a markup of fifteen percent (15%). 12.3.3 Equipment - Payment for OGDEN owned Equipment will be paid as described in Section 12.2, plus a markup of seven and one half percent (7.5%). Payment for rented Equipment shall be based upon the invoice cost, plus a markup of seven and one half percent (7.5%). 12.3.4 Subcontractor Markup - FKAA will allow a markup often percent (10%) on the first $50,000 and a markup of five percent (5%) on any amount over $50,000 on any subcontract Work directly related to the extra or additional work. 12.3.5 General Liability & Bond - FKAA will allow a markup of one and one half percent (1.5%) on the overall total cost of the extra or additional work for insurance and bond. Key Largo Wastewater Treatment System Design/Build Contract 29 of 66 r r' r r r r r- r r' r r- I~' I~'- r I I r I I 12.4 The referenced markups in 12.3.1 through 12.3.5 include all indirect costs such as increased home office and jobsite overhead, labor burden, and profit. No other compensation for these indirect costs will be allowed. ARTICLE 13 Field Orders FKAA or its Project Representative shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in contract execution, providing the Field Order involves no change in the total cost of the Project, the time of performance, or otherwise contradicts or alters any other provision of this Contract. ARTICLE 14 Change Orders 14.1 Changes in the quantity or character of Work within the scope of this Project that are not properly the subject of Field Orders, including all changes resulting in changes in the total cost of the Project or the time of performance, shall be authorized only by Change Orders approved and issued by FKAA. 14.2 OGDEN shall not start Work requiring an increase in the Contract Price or Contract Time until a Change Order setting forth the adjustments is approved in writing by FKAA. FKAA's request for quotations shall not be considered authorization to proceed with the Work prior to the issuance of a formal Change Order, nor shall such request justify any delay in existing Work. Quotations shall include substantiating documentation with an itemized breakdown of OGDEN and subcontractor costs, including labor, Material, Equipment, rentals, approved services, overhead and profit. FKAA may require detailed cost data in order to substantiate the reasonableness of the proposed costs. 14.3 Any compensation paid in conjunction with the terms of a negotiated Change Order shall comprise total compensation due OGDEN for the Work or alteration defined in the Change Order. By signing the Change Order, OGDEN acknowledges that the stipulated compensation includes payment for the interruption of schedules, extended overhead, delay, disruption, inefficiency, or any other impact claim or ripple effect, and by such signing OGDEN specifically waives any reservation or claim for additional compensation in respect to the subject Change Order. 14.4 On approval of any Change Order increasing the Construction Price, OGDEN shall ensure that any applicable bonds and other guarantees are each increased accordingly. 14.5 In the event that FKAA and OGDEN are unable to agree upon a particular Change Order, FKAA may issue the Change Order unilaterally, and OGDEN shall proceed with the Work as set forth therein_ The issuance of a unilateral Change Order by FKAA shall in no way prejudice OGDEN's rights under Article 16. Key Largo Wastewater Treatment System Design/Build Contract 30 of 66 r r r" r r r r [ r r r r r r r r r I" r ARTICLE 15 Claims 15.1 When OGDEN deems that extra compensation and/or time is due for Work, Materials, or Machinery not clearly covered in the Contract, caused by a Change in Law, an Uncontrollable Circumstance, FKAA fault or ordered by FKAA, OGDEN shall notify FKAA or its Project Representative in writing of its intention to make a claim for extra compensation, and/or time before beginning the claimed work. If OGDEN does not give such notification and does not afford FKAA or its Project Representative proper opportunity for keeping strict account of the actual costs and time, then OGDEN waives the claim for such extra compensation and/or time. OGDEN's notice and FKAA's account of the costs and/or time does not establish the validity of the claim or the method for computing any compensation of such claim. If FKAA determines that the claim is valid, payment will be made as provided in Articles 12 and 14. 15.2 The Contract Time and the Contract Price may only be changed by a written Change Order from FKAA in accordance with Article 14. 15.3 Notice of the extent of the claim with supporting data shall be delivered within thirty (30) calendar days after such occurrence (unless FKAA or its Project Representative allows, in writing, an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by OGDEN's written statement and explanation of the claim together with a statement that the adjustment claimed is the entire adjustment to which OGDEN has reason to believe it is entitled as a result of the occurrence of said event. 15.4 FKAA or its Project Representative shall determine in writing all claims for adjustment in the Contract Time or Contract Price in accordance with this Article. No claim for an adjustment in Contract Time or Contract Price will be valid if not submitted in strict accordance with the requirements of this Article. With regard to any claim for an adjustment of the Contract Time, it shall be OGDEN's responsibility to prove to FKAAthat the delay in the time(s) of completion was caused specifically by a delay in a portion of the Work that was on the critical path of the schedule. 15.5 Except as expressly provided in this Section 15.5 and Section 34.3, no claim for damages or any claim other than for an extension of time shall be made or asserted against FKAA by reason of any delays. OGDEN shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from FKAA for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference, Uncontrollable Circumstance, or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by OGDEN for hindrances or delays due solely to fraud, bad faith or active interference on the part of FKAA. Otherwise, OGDEN shall be entitled only to extensions of the Contact Time as the sole and exclusive remedy for such resulting delays, in accordance with and to the extent specifically provided herein. The specific application of this section to other provisions of this Contract shall not be construed as a limitation of any sort upon the further application of this section. Key Largo Wastewater Treatment System Design/Build Contract 31 of 66 r r r r r r r r- r r" r r r r r r r r r' 15.6 A delay which extends the completion of the Work and which is caused by circumstances beyond the control of OGDEN or its Subcontractors, material persons, suppliers, or vendors including, but not limited to, acts of neglect by FK.AA, by any employee or representative of FK.AA, any separate contractor employed by FK.AA, an Uncontrollable Circumstances, or Change in Law, is an excusable delay. The Contract Time will be extended under this section in an amount equal to the time lost due to delays beyond the control of and through no fault or negligence of OGDEN if a claim for any time extensions is made as provided in Article 15 hereof. Failure of OGDEN to comply with Article 15 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment, and relinquishment of any and all claims resulting from that particular event of delay. 15.6.1 No additional time or compensation will be granted to OGDEN for delays caused by the effects of inclement weather, except for catastrophic events which actually preclude all Work (i.e., hurricanes and declared states of emergency). ARTICLE 16 Dispute Resolution 16.1 OGDEN recognizes that it is imperative that the Work on the Project proceed uninterrupted and without delay. OGDEN shall carry on the Work during the resolution of all claims, disputes, and disagreements with FK.AA. No Work shall be delayed or postponed pending resolution of any such claim, dispute, or disagreement except as FK.AA and OGDEN may otherwise agree in writing. 16.2. FK.AA shall issue a written determination on any claim, dispute, or disagreement that may arise during the course of this Contract, which shall be final and binding upon the parties unless OGDEN requests, in writing, to negotiate the claim, dispute, or disagreement pursuant to Section 16.3 within ten (10) calendar days of the written determination ofFK.AA. 16.3 Within thirty (30) calendar days of receipt of a written request to negotiate a claim, dispute, or disagreement, executives of both FK.AA and OGDEN, at levels at least one step above the Project personnel who were involved in the claim, dispute, or disagreement, shall meet at a mutually acceptable time and place. The meeting of the executives is intended to afford the parties the opportunity to exchange relevant information and to attempt to negotiate a resolution of the claim, dispute, or disagreement. At the conclusion of the negotiation process, or the expiration of thirty (30) calendar days from the date of OGDEN's written request to negotiate, whichever is sooner, the participating FK.AA executive will issue a written summary of the negotiations, together with FK.AA' s decision on the claim, dispute, or disagreement. That written decision shall be final and binding upon the parties unless OGDEN requests mediation in accordance with Section 16.4 within ten (10) calendar days of the written decision. The implementation of the executive negotiation procedure under this Section shall be a condition precedent to OGDEN's commencement of litigation under this Contract. 16.4 Upon receipt of a written request from OGDEN to initiate mediation, FKAA shall appoint an independent mediator who shall be qualified by education and/or experience on the subject matter of the claim, dispute, or disagreement at issue. OGDEN may object to FKAA's Key Largo Wastewater Treatment System Design/Build Contract 32 of 66 r r r r r r r r r r t r- r t r I~ I- r I" appointment, provided that the objection is both reasonable and based on a demonstration of good cause. Within twenty (20) calendar days of the appointment of the independent mediator, or within such other times as the parties may mutually agree in writing, the independent mediator shall conduct a mediation session in an attempt to reach an amicable resolution of the claim, dispute, or disagreement. In the event that the parties are unable to reach an amicable resolution within thirty (30) calendar days of the appointment of the independent mediator, the written decision of FKAA under Article 16.3 shall become final and binding upon the parties. OGDEN may, however, challenge that decision de novo by filing and serving a complaint in the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County, sitting in Key West, Florida, after OGDEN has achieved substantial completion ofthe entire Project. 16.4.1 Each party shall be responsible for the prompt payment of one-half of the fees and expenses of the independent mediator incurred pursuant to this Section. 16.4.2 To the extent permitted by law, all negotiations, statements, and positions made or taken during mediation shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal and Florida Rules of Evidence. 16.5 Except as specifically set forth in this Section, the parties mutually agree that no litigation may be commenced before the Project has attained substantial completion or this Contract has been terminated pursuant to Articles 33 and 34. Any litigation that, in any manner whatsoever, relates to this Contract, or the performance of any party hereunder, shall be commenced in the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County, Florida, sitting in Key West, Florida. The prevailing party in any litigation shall be entitled to its attorneys' fees and costs. 16.5.1 After conclusion of mediation as provided herein, OGDEN may bring a legal action in the Circuit Court of Monroe County prior to substantial completion of the Project if the aggregate amount of all payments being withheld by FKAA, exclusive of amounts withheld as retainage and/or liquidated damages, exceeds four (4%) percent of the Contract amount. 16.6 The dispute resolution procedures provided under this Article shall not relieve OGDEN of the requirement to promptly comply with the initial determination of FKAA and to perform any and all associated work ARTICLE 17 Assignment & Subcontractors 17.1 Except as provided below, neither party to this Contract shall assign this Contract or subcontract it as a whole without the written consent of the other, nor shall OGDEN assign any monies due or to become due to it hereunder, without the prior written consent of FKAA. In the event Key Largo, Florida, incorporates and FKAA desires to assign this Contract to the government of the new municipality, FKAA may effect such assignment without the consent, written or otherwise, of OGDEN, and OGDEN will execute any docwnents incidental to and otherwise cooperate in said assignment. An assignment of the Contract to the government of the Key Largo Wastewater Treatment System Design/Build Contract 33 of 66 ( ( ( ( [ [ I ( r r I I I I' 1 I I I I incorporated municipality of Key Largo will in no way alter or affect the provisions of the Contract or the rights, responsibilities or obligations of OGDEN under this Contract. 17.2 OGDEN shall notify FKAA in writing of the identities of each and every engineer, designer, or other Subcontractor OGDEN proposes for the Project and identify the portion of the Work for the Project each will perform. OGDEN shall have the continuing obligation to notify FKAA of any change in Subcontractors. Notification of the names of Subcontractors shall not relieve OGDEN from the prime responsibility of full and complete satisfactory performance of all contractual obligations. 17.3 OGDEN shall not employ any major Subcontractor, supplier, or other individual or entity, whether initially or as a replacement, against whom FKAA may have a reasonable objection. FKAA shall notify OGDEN of any such objection within ten (10) business days of its receipt of any such notification from OGDEN. 17.4 OGDEN shall be fully responsible to FKAA for all acts and omissions of the Subcontractors, suppliers, and other individuals or entities performing or furnishing any of the Work just as OGDEN is responsible for OGDEN's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, supplier, and other individual or entity any contractual relationship between FKAA and any such Subcontractor, supplier, and other individual or entity, nor shall it create any obligation on the part of FKAA to payor to see to the payment of any moneys due any such Subcontractor, supplier, and other individual or entity except as may otherwise be required by the Applicable Laws. Except as otherwise expressly provided herein, this Contract and the provisions hereof are for the exclusive benefit of the parties hereto and is not for the benefit of any third party. 17.5 OGDEN shall be solely responsible for scheduling the work of Subcontractors, suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with OGDEN. ARTICLE 18 Materials, Equipment, & Machinery (Review & Comment) 18.1 All Materials and Machinery incorporated into the Work shall be as specified or, if not specified, shall be of good quality, suitable for the Project, and new, except as otherwise provided in the Contract Documents. With respect to all Material or Machinery purchased by OGDEN, OGDEN warrants and guarantees that title to all Materials and Machinery covered by any application for payment, whether incorporated in the Project or not, will pass to FKAA at the time of payment free and clear of all liens, claims, security interests and encumbrances. If requested by FKAA, OGDEN shall provide with subsequent applications for payment, invoices receipted by the supplier( s) showing payment in full has been made. 18.2 All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of FKAA. If required by FKAA or its Project Representative, Key Largo Wastewater Treatment System Design/Build Contract 34 of 66 r r r [' [ [ ( r r (' r r r" r IP I I I I OGDEN shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of Materials and Machinery. All Materials, Equipment, and Machinery shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with the instruction of the applicable supplier, except as otherwise may be provided in the Contract Documents. OGDEN shall be responsible for providing proper storage and protection for all Materials, Equipment, and Machinery. 18.3 OGDEN shall submit to FKAA a proposed list of major Material, Equipment, and Machinery manufacturers and suppliers under Article 9. Wherever possible, OGDEN shall specify multiple manufacturers or suppliers for each type or model of Material, Equipment, and Machinery OGDEN intends to use on, or incorporate in, the Project. Upon review and comment by FKAA or its Project Representative, this list shall become the Material, Equipment, and Machinery List for the Project. 18.4 Whenever an item of Material, Equipment, or Machinery is specified or described in the Material, Equipment and Machinery List, or in the Contract Documents, by using the name of a proprietary item or the name of a particular supplier or manufacturer, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item or no substitution is permitted, other items of Material, Equipment and Machinery or Material, Equipment and Machinery of other suppliers may be submitted to FKAA for review under the circumstances described below. 18.4.1 If in FKAA's discretion an item of Material, Equipment or Machinery proposed by OGDEN is functionally equal to that named in the Material, Equipment and Machinery List and sufficiently similar so that no change in related Work will be required, it may be considered by FKAA as an "or equal" item. For the purposes of this paragraph, a proposed item of Material, Equipment or Machinery will be considered functionally equal to an item so named if: (a) in the exercise of reasonable judgment FKAA determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; (b) OGDEN certifies that: (i) there is no increase in cost to FKAA; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 18.4.2 Ifin FKAA's sole discretion an item of Material, Equipment or Machinery proposed by OGDEN does not qualify as an "or equal" item under paragraph 18.4.1, it will be considered a proposed substitute item. OGDEN shall submit sufficient information as provided below to allow FKAA to determine that the item of Material, Equipment or Machinery proposed is essentially equivalent to that named and an acceptable substitute therefor. FKAA will not accept requests for review of proposed substitute items of Material, Equipment or Machinery from anyone other than OGDEN. The procedure for review by FKAA will be as set forth in paragraph 18.4.1, and as FKAA may decide is appropriate under the circumstances. OGDEN shall first make written application to FKAA for review of a proposed substitute item of Material, Key Largo Wastewater Treatment System DesignIBuild Contract 35 of 66 r r r r r r r r r r r r' r' r r ,~ I' I. I Equipment or Machinery that OGDEN seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice OGDEN's achievement of substantial completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with FKAA for Work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other OGDEN affected by any resulting change, all of which will be considered by FKAA in evaluating the proposed substitute item. FKAA may require OGDEN to furnish additional data about the proposed substitute item. 18.4.3 FKAA will be allowed twenty (20) calendar days within which to evaluate each proposal or submittal made pursuant to paragraphs 18.4.1 and 18.4.2. No "or equal" or substitute will be ordered, installed or utilized until FKAA's or its Project Representative's review and comment is complete, which will be evidenced by either a Change Order for a substitute or an approved drawing for an "or equal." FKAA will advise OGDEN in writing of any criticism or other negative determination within the time allotted for review. 18.4.4 FKAA may require OGDEN to furnish at OGDEN's expense a special performance guarantee or other surety with respect to any substitute. (Plans. Drawinl!s. and Soecifications) 18.5 In accordance with Article 9, OGDEN shall submit conceptual plans, drawings, and specifications for all Material, Equipment, Machinery, fixtures, piping, wiring, fabricated structures, apparatus, systems, and manufactured articles. The purpose of such plans, drawings, and specifications is to demonstrate the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with the Contract Documents and the Applicable Laws. 18.6 OGDEN shall provide FKAA with shop drawings from the various manufacturers, fabricators, and suppliers as requested by FKAA, for any or all major item of Machinery and Materials identified on the Materials, Equipment, and Machinery List. All such drawings and specifications shall be signed and sealed as required by Applicable Law, before submittal to FKAA. Key Largo Wastewater Treatment System Design/Bui1d Contract 360f66 [ [ ( ( ( ( I I I I ( I r- I I' I I I I 18.7 OGDEN shall thoroughly review and check all plans, drawings, and specifications and each and every copy shall show OGDEN's approval thereon. 18.8 Review and comment by FKAA of the items included on the Materials, Equipment, and Machinery List, or the plans, drawings, and specifications provided under this Article shall not relieve OGDEN from responsibility for errors or omissions of any sort. 18.9 If catalog sheets or prints of manufacturers' standard drawings are submitted to FKAA under this Article, any additional information or changes on such drawings shall be typewritten or lettered in ink. 18.10 OGDEN shall submit to FKAA four (4) copies of the documents required to be submitted under this Article and Article 9. Resubmissions shall be made in the same quantity. 18.11 FKAA's review and comment will be general and shall not relieve OGDEN of responsibility for the accuracy of such Drawings, nor for the proper fittings and construction of the Work, nor for the furnishing of the Materials or Work required by the Contract and not indicated on the plans, drawings, and specifications. 18.12 OGDEN shall keep one (1) set of plans, drawings, and specifications marked with FKAA or its Project Representative's acceptance at the Project Sites at all times. ARTICLE 19 Working Plans and Drawings FKAA or its Project Representative shall have the right to require OGDEN to clarify and expand on the details of OGDEN's drawings, plans and specifications, to supplement them with additional plans, drawings or additional information as the Project proceeds, all of which shall be considered as part of the Contract Documents at no additional cost to FKAA. All plans and drawings, general and detailed, are to be signed and sealed by a licensed engineer, registered in the State, and are to be deemed a part of this Contract, and are intended to be mutually complementary, so that any Work shown on the plans, though not specified in the specifications, and any Work specified in the specifications though not shown on the plans, is to be executed by OGDEN as part of this Contract. All things which in the opinion of FKAA may reasonably be inferred from this Contract and Plans as developed by OGDEN and accepted by FKAA are to be executed by OGDEN under the terms of this Contract; and FKAA or its Project Representative shall determine whether the final plans prepared by OGDEN conform to the Contract Documents. All plans, drawings, and specifications and related technical documentation shall be submitted in electronic form and mylar copy and shall meet FDOT guidelines. ARTICLE 20 Materials and Machinery (Procurement Process) Key Largo Wastewater Treatment System Design/Build Contract 37 of 66 r f' r r r r r r I" I" I" I" r I I r I r I 20.1 OGDEN shall identify on the attached Appendix K, all Materials and Machinery that exceed $2,500.00 per item, or which when purchased in bulk exceed $2,500.00, and that are required by the Contract Documents to satisfactorily complete the Project. OGDEN may not purchase any such Materials and Machinery on Appendix K without obtaining the prior, written consent of FKAA. Upon approval of the content of Appendix K, FKAA agrees to purchase those Materials and Machinery identified therein directly from the supplier(s) through the procedures set forth below, and the Contract Price shall be reduced by the cost of the Materials and Machinery directly purchased by FKAA. The cost of any Materials and Machinery purchased directly by FKAA shall be deducted from the monies due to OGDEN on the next Application for Payment submitted by OGDEN. By purchasing the Materials and Machinery, FKAA shall acquire full and sole title to the Materials and Machinery, but OGDEN shall be required to inspect, accept delivery of and store the Materials and Machinery pending their incorporation into the Project and shall be liable to FKAA for any negligence in meeting those obligations. After accepting delivery of FKAA' s Materials and Machinery purchased in accordance herewith, OGDEN is not relieved of its obligation to protect the Materials and Machinery from damage, loss, or destruction, nor is OGDEN relieved of its liability for maintenance, repair and replacement of said Materials and Machinery under this Contract until final acceptance by FKAA. 20.2 OGDEN must provide FKAA with written notice of its or its Subcontractors' intent to purchase Materials and Machinery that qualify under section 20.1, a reasonable time before the items must be ordered so that the progress of construction will not be delayed, but in no event less than sixty (60) calendar days before the items are needed on the Project. 20.2.1 The written notice must state with specificity what Materials and Machinery OGDEN or its Subcontractors intend to purchase, the supp1ier(s) of the Materials and Machinery, identified by name, address and telephone number, the number of similar items that are estimated to be used in constructing the Project; the unit price of each item; and the date that each item is needed on the Project. A detailed Purchase Order Form, a copy of which is attached to this Contract as Appendix J, shall accompany the written notice. 20.3 Upon receipt of a requisition, FKAA will review the requisition and, if approved, FKAA shall, within five (5) business days, issue its own purchase order directly to the supplier(s) of the Materials and Machinery, with delivery to be F.O.B. Project site. FKAA's purchase order shall contain or be accompanied by FKAA's certificate of exemption and include FKAA's exemption number, issue date and expiration date. FKAA shall furnish a copy of its purchase order to OGDEN. 20.4 Upon delivery of FKAA-purchased Materials and Machinery to the Project Sites, FKAA shall take full and exclusive title to the Materials and Machinery. OGDEN shall inspect, accept delivery of and store the Materials and Machinery pending incorporation into the Project and shall verify that the Materials and Machinery delivered are good quality, in good and workable condition, comply with the specifications, and are fully in accordance with the purchase order. OGDEN shall be responsible for preserving, protecting, and enforcing any Key Largo Wastewater Treatment System DesignlBuild Contract 38 of 66 [ [ [ [ [ [ ( [' [ I' r ( r r r I' I I I warranties for the Materials and Machinery delivered to the Project Sites. OGDEN shall be liable to FKAA for any failure to perform or negligence in the performance of these obligations. 20.5 After verifying that the delivery of FKAA-purchased Materials and Machinery is in accordance with the purchase order and fulfilling all other obligations contained in this Article, OGDEN shall, within five (5) business days of the delivery, forward approved invoices to FKAA. FKAA shall review and approve the invoices and, if approved, process the invoices and issue payment directly to the supplier(s) within thirty (30) calendar days of receipt of the approved invoices from OGDEN. 20.6 On behalf of FKAA, OGDEN shall purchase and maintain builder's risk insurance sufficient to cover the value of any FKAA-purchased Materials and Machinery from the time that FKAA takes title to the Materials and Machinery until the time that the Materials and Machinery are incorporated into the Project. FKAA shall reimburse OGDEN for the premiums paid by OGDEN to secure the described insurance coverage relating to the Materials and Machinery. FKAA shall be named as the insured party on the policy and shall receive any proceeds of insurance related to the Materials and Machinery in the event of a loss. 20.7 In addition, FKAA agrees to reimburse OGDEN for the sales tax it incurs on the first two hundred thousand ($200,000.00) dollars spent by OGDEN to purchase miscellaneous items that do not exceed the $2,500.00 threshold required by Section 20.1. These purchases are subject to a maximum sales tax of 7.5%, or a maximum sales tax credit/FKAA payment of $15,000. OGDEN shall submit to FKAA documentation, including photocopied invoices, which establish that the miscellaneous items purchased were DesignlBuild contract items, and the amount of each purchase, prior to FKAA approving payment. ARTICLE 21 OGDEN to Check Drawings and Data OGDEN shall take measurements and verify all dimensions, conditions, quantities and details shown on drawings, schedules, or other data received from FKAA, and shall notify FKAA of all errors, omissions, conflicts and discrepancies found therein. Failure to discover or correct errors, conflicts or discrepancies shall not relieve OGDEN of full responsibility for unsatisfactory work, faulty construction, or improper operation resulting therefrom nor from rectifying such condition at OGDEN's own expense. OGDEN will not be allowed to take advantage of any error or omission. ARTICLE 22 Security OGDEN shall provide a Project security program to protect Work, stored products, Equipment, Materials, and Machinery from theft and vandalism, and to protect premises from entry by unauthorized persons. In the event any such Materials, Equipment, Machinerj and supplies are lost, stolen, damaged, or destroyed prior to final acceptance, OGDEN shall replace the same without cost to FKAA. Key Largo Wastewater Treatment System DesignlBuild Contract 39 of 66 r r [ [ ( ( ( r I r r r r I' I' I I I I ARTICLE 23 Field Engineering 23.1 OGDEN shall provide and pay for field engineering services required for the Project. This Work shall include the following elements: 23.1.1 Survey work required in execution of the Project. 23 .1.2 Civil, structural or other professional engineering services specified, or required to execute OGDEN's construction methods. 23.1.3 Geotechnical explorations necessary for the execution of the Project. 23.1.4 Materials testing and approval from the appropriate governmental or private authority. ARTICLE 24 Field Layout of the Work and Record Drawings 24.1 The entire responsibility for establishing and maintaining a line and grade in the field lies with OGDEN. OGDEN shall maintain an accurate and precise record of the location and elevation of all roadway, bridge and wall grades, pipe lines, conduits, structures, manholes, handholds, fittings and the like and shall deliver these records in good order to FKAA as the Work is completed. These records shall serve as a basis for "record" drawings. The cost of all such field layout and recording work is included in the Contract Price. 24.2 OGDEN shall maintain in a safe place at the Sites one (1) record copy of all drawings, plans, specifications, addenda, Change Orders and Field Orders in good order, annotated to show all changes made during construction, and in a format compatible with CADD Equipment. These record documents will be available to FKAA or its Project Representative for reference. Upon completion of the Project, these record documents shall be delivered to FKAA 24.3 At the completion of the Project, OGDEN shall turn over to FKAA one (1) set of reproducible drawings (Mylars) that accurately reflect the "as built" conditions of the Project and in an electronic format compatible with FKAA and FDOT specifications and guidelines. The "as-built" drawings shall be sealed by a surveyor, registered in the State, and shall be in a GIS format and in Arc Info. All changes made to the construction documents, either as clarifications or as changes, will be reflected in the plans. The changes shall be submitted at least monthly to FKAA or its Project Representative. These "as built" drawings must be delivered on Mylar and found to be acceptable by FKAA prior to final payment. ARTICLE 25 Inspection of the Project 25.1 FKAA staff and its Project Representative shall at all times have access to the Project, and OGDEN shall provide proper facilities for such access. Key Largo Wastewater Treatment System Design/Build Contract 40 of 66 r r r r r r r r r 1-- r I' I~ I I ,. I I I 25.1.1 Should the Contract Documents, Standard Building Code, FDOT specifications, any Applicable Laws, or any public authority require any work for the Project to be specially tested or approved, OGDEN shall give to FKAA or its Project Representative at least five (5) business days notice of readiness of the Work for inspection and testing. If the testing or approval is to be made by an authority other than FKAA, timely notice shall be given of the date fixed for such testing. Inspections shall be made promptly, and, where practicable, at the source of supply. If any Work for the Project should be covered up without approval or consent of FKAA or its Project Representative, it must, if required by FKAA, be uncovered for examination and properly restored at OGDEN's expense. 25.1.2 Reexamination and re-testing of any Work for the Project may be ordered by FK.AA; and if so ordered, OGDEN must uncover such Work. If such Work is found to be in accordance with the Contract Documents, FKAA shall pay the cost of uncovering, reexamining, re-testing, replacement, and recovering and grant an extension of Contract Time for any substantiated delay to Contract Completion. If such Work is not in accordance with the Contract Documents, OGDEN shall pay such cost and shall be granted no time extension. 25.2 FK.AA's field representative shall have no authority to permit deviations from, relax any of the provisions of, nor waive any requirement contained in the Contract Documents without the written permission or instruction of FKAA, FKAA's field representative is authorized to call to the attention of OGDEN a failure of the Work, Materials, or Machinery to conform the Contract Documents, and have the authority to reject non-conforming Work, Materials, or Machinery or suspend a specific item of non-conforming Work until any questions at issue can be referred to and decided by FKAA. The presence of any FKAA representative in no way lessens the responsibility of OGDEN. Neither the inspection by FKAA or any of their employees or designees, nor any order by FKAA for payment of money, nor any payment for, or acceptance of, the whole or any part of the Work by FKAA, nor any extension of time, nor any possession taken by FKAA or its employees or designees, shall operate as a waiver of any provision of this Contract, or any power herein reserved to FKAA, or any right to damages herein provided, nor shall any waiver by FKAA of any breach in this Contract be held to be a waiver of any other or subsequent breach. 25.3 Final Inspection for Acceptance: When OGDEN has completed all the Work; OGDEN may request an inspection for acceptance. FK.AA will make an inspection for acceptance within seven (7) business days after such notice. If, at the inspection for acceptance, FKAA determines that OGDEN has completed all construction provided for and contemplated by the Contract Documents to FKAA' s satisfaction, FK.AA will consider such inspection as the final inspection, If, however, at any inspection for acceptance, FKAA determines that any of OGDEN's Work is unsatisfactory, in whole or in part, FKAA will give OGDEN the necessary instructions in the form of a "punch list(s)" as to the replacement of Material and the performance or re-performance of the Work necessary to achieve final completion and acceptance. OGDEN will immediately comply with and execute such instructions, Upon satisfactory completion of the designated remedial Work, FKAA will make another inspection Key Largo Wastewater Treatment System DesignlBuild Contract 41 of 66 I I I I I I I I I I r I r I , r f that FKAA will consider as the final inspection if FKAA determines that OGDEN has satisfactorily completed the remedial Work required by the punch list(s). Acceptance or final payment to OGDEN shall not be final and conclusive or release OGDEN from any liability with regards to latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards FKAA's rights under the warranty. 25.4 The payment of any compensation, regardless of its character or form, or the giving of any gratuity or the granting of any valuable favor by OGDEN to any FKAA representative or consultant, is forbidden, and any such act on the part of OGDEN will constitute a breach of this Contract. ARTICLE 26 Defective Work 26.1 FKAA or its Project Representative shall have the authority to reject or disapprove Work that FKAA finds to be defective. If required by FKAA or its Project Representative, OGDEN shall promptly either correct all defective Work or remove it from the Project and replace-it with non-defective Work. OGDEN shall bear all direct costs to correct such defective Work or remove it from the Project and replace it with non-defective Work. 26.2 If, within one (1) year after final completion, any Work is found to be defective or not in accordance with the Contract Documents, OGDEN shall correct it promptly without cost to FKAA, after receipt of written notice from FKAA to do so unless FKAA has given OGDEN a written acceptance of such conditions. Nothing contained in this Section 26.2 shall be construed to establish any limitation with respect to any other obligation that OGDEN might have under the Contract Documents or under the Operations Agreement. 26.3 Should OGDEN fail or refuse to remove or correct any defective Work or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of this Contract within the time indicated in writing, FKAA shall have the authority, after ten (10) calendar days written notice, to cause the unacceptable or defective Work to be removed or corrected, or make such repairs as may be necessary to be made at OGDEN's expense. Any expense incurred by FKAA in making these removals, corrections or repairs, which OGDEN has failed or refused to make shall be paid for out of any monies due or which may become due to OGDEN, or may be charged against the bond or guaranty. Any Work performed by FKAA, as described in this Section, shall not relieve OGDEN in any way from its responsibility for the Work performed by it. 26.4 Failure to reject any defective Work or Material shall not in any way prevent later rejection when such defect is discovered or obligate FKAA to final acceptance. ARTICLE 27 Damage to Existing Facilities, Equipment or Utilities 27.1 It will be OGDEN's responsibility to ascertain and verify the location of existing utilities and to preserve all existing utilities whether shown on the drawings or not. If OGDEN Key Largo Wastewater Treatment System Design/Build Contract 420f66 I I I J I I I I I I r ! 27.6 Protection of Work shall include protecting of Work that is factory finished, during transportation, storage, during and after installation. Where applicable and as required, OGDEN shall close off spaces of areas where certain Work has been completed to protect it from any damage caused by others during their operations. 27.7 OGDEN shall store Materials and Machinery and shall be responsible for and shall maintain partly or wholly finished Work during the continuance of the contract and until the final acceptance of the Project. If any Materials, Machinery, or part of the Work should be lost, damaged, or destroyed by any cause or means whatsoever, including but not limited to damage by the elements, theft or vandalism, OGDEN shall satisfactorily repair and replace the same at OGDEN's own cost. Restoration and repair of such loss, damage or destruction shall not be cause for an increase in the Contract Price or any extension of the time of completion. OGDEN shall maintain suitable and sufficient guards and barriers, and at night, suitable and sufficient lighting for the prevention of accidents. 27.8 To all applicable portions of Project where preparatory Work is part of Work thereon, OGDEN shall carefully examine surfaces over which finished Work is to be installed, laid or applied, before commencing with the Work. OGDEN shall not proceed with said Work until defective surfaces on which Work is to be applied are corrected to the satisfaction of FKAA or its Project Representative. ARTICLE 28 Lands for Work 28.1 OGDEN understands and agrees that FKAA has agreed to obtain the necessary lands, easements, licenses, zoning variances, and right-of-ways required to construct the Project, relieving OGDEN of this obligation in the RFP. OGDEN understands that FKAA has not performed or otherwise provided any geotechnical study or other information on any such property. Therefore, OGDEN understands and agrees that FKAA shall have no responsibility for differing subsurface physical conditions at those locations, and that no claim for additional compensation or time extension shall be made or asserted against FKAA by reason of any differing subsurface condition, except as provided in Section 28.3. 28.2 In the event that OGDEN uncovers subsurface Hazardous or Toxic Waste, or archaeological finds, that are of an unusual nature and differ materially from those ordinarily encountered in the Florida Keys and generally recognized as inherent in the Work, OGDEN shall: 28.2.1 immediately discontinue the Work in that vicinity and notify FKAA's Project Representative. 28.2.2 treat the possible presence of Hazardous or Toxic Wastes, or the possible presence of an archaeological find, with extraordinary caution, and shall make every effort to minimize the spread of any Hazardous or Toxic Waste into uncontaminated areas, and to protect any archaeological finds. Key Largo Wastewater Treatment System Design/Build Contract 44 of 66 f f r r r r I I~ r.. I" I' I' I-- I I I I I I necessary provisions to maintain public access to sidewalks, public telephones, and the proper functioning of all gutters, sewer inlets, drainage ditches, and irrigation ditches, No open excavation shall be left overnight. All open excavation within the roadway shall be backfilled and a temporary asphalt patch applied, or covered by properly secured temporary steel sheeting, prior to darkness each day. A temporary cold asphalt patch is acceptable. ARTICLE 30 Safety and Protection 30.1 OGDEN shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Project. OGDEN shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 30.1.1 All OGDEN employees and its Subcontractors on the Project and other persons who may be affected thereby; 30.1.2 All the Work and all Materials or Machinery to be incorporated therein, whether in storage on or off the Project Sites: and 30.1.3 Other property at the Sites or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 30.2 OGDEN shall comply with all Applicable Laws for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The complete Project shall include all necessary permanent safety devices required by the Applicable Laws. Further, any features of the Work (including FKAA-Furnished Equipment) subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. OGDEN and manufacturers of Equipment shall be held responsible for compliance with the requirements included herein. OGDEN shall notify all Equipment suppliers and Subcontractors of the provision of this Article. 30.2.1 OGDEN shall observe and comply with all applicable local, State and Federal Occupational Safety and Health Regulations during the prosecution of Work under this Contract, including full compliance with the U.S. Department of Labor's Occupational Safety and Health Standards as established in Public Law 91-96, and the Florida Trench Safety Act (90-96, Laws of Florida). 30.3 To provide maximum safety and security, OGDEN shall erect and maintain all necessary barricades, and any other temporary walls and structures as required, and boarding to protect life and property during the period of construction. OGDEN shall be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to the Key Largo Wastewater Treatment System Design/Build Contract 47 of 66 r r r [ [ ( I' r (' r r r r I" I" I I I I Applicable Laws. Where any of these are in conflict, the more stringent requirement shall be followed. OGDEN's failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth herein. 30.4 OGDEN shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by OGDEN, any Subcontractor or consultant or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by OGDEN. OGDEN's duties and responsibilities for the safety and protection of the Project under this Contract shall continue until such time as the entire Project is completed and FK.AA has issued a notice to OGDEN that the Project is acceptable. 30.5 OGDEN shall designate a responsible member of its organization at the Project site whose duty shall be the prevention of accidents. This person shall be OGDEN's Designated Representative unless otherwise designated in writing by OGDEN to FK.AA. 30.6 The duty of FK.AA to conduct construction review of OGDEN's performance is not intended to include a review or approval of the adequacy of OGDEN's safety supervisor, the safety program, or any safety measures taken in, on, or near the Project. Key Largo Wastewater Treatment System DesignlBuild Contract 48 of 66 [ [ [ [ [ [ ( ( I" r r r r I" I' I I I I ARTICLE 31 Interim Operations 31.1 In recognition that portions of the Facilities, including the treatment plant, will be operational prior to the time that OGDEN attains Substantial Completion of the entire Project, the parties have mutually agreed to establish a period of interim operations. The rights and liabilities of both OGDEN and FKAA during the Interim Operations Period shall be governed by this Contract, and the applicable terms and conditions of the Operations Agreement shall not be incorporated herein until Substantial Completion of the entire Project, except to the extent that they may apply to the performance requirements and obligations for the Facilities. 31.2 After such time as the treatment plant is fully permitted, operational and OGDEN considers it to be in compliance with the Contract Documents and the Applicable Laws, OGDEN may request FKAA to commence the Interim Operations Period. Within ten (10) calendar days of receipt of such written request from OGDEN, FKAA or its Project Representative shall perform an inspection for acceptance as provided under this Contract. The Interim Operations Period shall in no event commence prior to OGDEN having obtained the exploratory injection well permit from FDEP and the well is in operation. 31.3 If FKAA or its Project Representative determines that the treatment plant is substantially complete and fully permitted, it shall provide OGDEN with certification of interim acceptance and the Interim Operations Period shall commence as of the date certified by FKAA. IfFKAA or its Project Representative determines that OGDEN's Work on the treatment plant is unsatisfactory, in whole or in part, FKAA will give OGDEN the necessary instructions in the form of a "punch list(s)" as to the replacement of Material or Machinery and the performance or re-performance of Work necessary to achieve interim acceptance of the treatment plant. Upon satisfactory completion of the designated punch list items, FKAA will make another inspection and if FKAA determines that OGDEN has satisfactorily completed the remedial Work required by the punch list(s), FKAA shall accept the treatment plant for interim operations. 31.4 Subsequent to FKAA's interim acceptance of the treatment plant, but prior to substantial completion of the entire Project, OGDEN may seek to have portions of the collection system approved for Interim Payment. On the last calendar day of each month after commencement of the Interim Operations Period, OGDEN may submit to FKAA the number of EDU's that OGDEN connected to the collection system that month or the prior month as applicable, and request FKAA or its Project Representative to conduct an inspection for acceptance. Within ten (10) calendar days of receipt of such written request from OGDEN, FKAA or its Project Representative shall perform an inspection for acceptance as provided under this Contract. 31.5 If FKAA or its Project Representative determines that the portion of the collection system contained within the monthly submittal is substantially complete and fully permitted, it shall provide OGDEN with certification of interim acceptance, signifying the commencement of interim operations payments for such EDU's that have been accepted by FKAA. IfFKAA or its Project Representative determines that OGDEN's Work on the portion of the collection system is unsatisfactory, in whole or in part, FKAA will give OGDEN the necessary instructions in the Key Largo Wastewater Treatment System Design/Build Contract 49 of 66 ( [ [ ( I (" I r I" 1- r I' I' I I I I I I form of a "punch list(s)" as to the replacement of Material or Machinery and the performance or re-performance of Work necessary to achieve interim acceptance of that portion of the collection system. Upon satisfactory completion of the designated punch list items, FKAA will make another inspection and if FKAA determines that OGDEN has satisfactorily completed the remedial Work required by the punch list(s), FKAA shall certify the portion of the collection system for interim operations payment. 31.6 Interim operations payment shall be made at an individual EDU rate determined by the number of Project EDU's divided into the annual base fee under the Operations Agreement of $2,250,000.00, divided by twelve, for each month the EDU is connected to the collection system and accepted by FKAA as provided in Article 31.5. Interim Operations Payment shall be due to OGDEN beginning on the sixtieth (60) calendar day after FKAA or its Project Representative has certified the EDU for interim acceptance. 31.7 Interim acceptance of the treatment plant or portions of the collection system shall not be final and conclusive or release OGDEN from any liability with regards to protection of the Work, latent defects, fraud, negligence, or as regards FKAA' s rights under any warranty, Performance Bond, Payment Bond, policy of insurance, or guaranty. OGDEN shall remain fully and completely responsible for any and all repairs, maintenance and operations of the Facilities under this Contract until such time as the entire Project has attained substantial completion, and OGDEN hereby agrees to indemnify and hold FKAA harmless In accordance with the indemnity provisions contained in this Contract and the Operations Agreement. ARTICLE 32 Cleaning Up and Removal of Equipment 32.1 OGDEN shall keep the construction Sites free of rubbish and restore to their pre- construction conditions those portions of the Sites not designated for alteration by the Contract Documents. Clean up and restoration shall be accomplished daily throughout the contract period and in such a manner as to maintain a minimum of nuisance and interference to the general public and residents in the vicinity of the Work. OGDEN shall also remove, when no longer needed, all temporary structures, Materials and Equipment used in its operation. It is the intent of this Section 32.1 that the construction areas and those other areas not designated for alteration by the Contract Documents shall be immediately restored to original condition. All clean up is subject to approval by FKAA, FDOT, or Monroe County, whichever has jurisdiction. 32.2 Prior to final acceptance of the Project, OGDEN shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction Equipment, Machinery and surplus Materials. If OGDEN fails to clean up at the completion of the Project, FKAA may do so, and the cost thereof shall be charged to OGDEN. 32.3 If a dispute arises between OGDEN and separate contractors as to responsibility for cleaning up, FKAA may clean up and charge the cost thereof to the contractors responsible therefore as FKAA shall determine to be just. Key Largo Wastewater Treatment System Design/Build Contract 50 of 66 [ [ [ (' I I I r I r I" I' I' I I I I I I 32.4 In case of termination of this Contract before completion for any cause whatsoever, OGDEN, if notified to do so by FK.AA, shall promptly remove any part or all of OGDEN's Equipment and supplies from the property of FK.AA and shall remove all waste Materials and rubbish and clean up, failing which FK.AA shall have the right to remove such Equipment and supplies at the expense of OGDEN. ARTICLE 33 FKAA's Right to Terminate the Contract 33.1 The following shall give FK.AA the right to terminate this Contract with OGDEN: 33.1.1 Should OGDEN (a) fail to begin the design and construction of the Project within the time specified, (b) repeatedly and materially fail to prosecute the Work in a diligent, efficient, workmanlike, skillful and careful manner and in accordance with the schedule and the Contract Documents, (c) materially and repeatedly cause the Work to be rejected as defective, (d) discontinue the prosecution of the Project, or (e) persistently fail or refuse to promptly make any or all necessary repairs, including repairing Work found to be defective; 33.1.2 Should OGDEN become insolvent, or be declared bankrupt, or make an assignment for the benefit of creditors, or fail to pay subcontractors or suppliers promptly in accordance with the terms of its subcontracts; or 33.1.3 Should OGDEN fail to pay required taxes (unless being disputed pursuant to Applicable Laws), or fail to maintain required insurance, bond, or guarantee, or otherwise fail to pay any of its material obligations under this Contract, or otherwise repudiates the terms of this Contract, including any applicable warranties. 33.2 If the Executive Director of FK.AA reasonably determines in his sole discretion that OGDEN has met any of the criteria specified in section 33.1, FK.AA may give notice in writing to OGDEN and its Surety of such delay, neglect or default, specifying the same. Should OGDEN, within a period of (10) business days after such notice, not proceed in accordance therewith, or fail to cure the default or defect or otherwise commence the cure thereof and diligently pursue the same to completion, then the Executive Director of FKAA may, upon written certificate from FK.AA's Project Representative of the fact of such delay, neglect or default and OGDEN's failure to comply with such notice, terminate the services of OGDEN, exclude OGDEN from the Sites and take the prosecution of the Project out of the hands of OGDEN, and appropriate or use any or all Materials, Equipment, and Machinery on the Project Sites as may be suitable and acceptable. 33.3 In the event of a termination under Section 33.2 above, OGDEN shall not be entitled to receive any further payment from FK.AA until the Project is finished. 33.4 In the event of a termination under Section 33.2 above, FK.AA may enter into a separate contract for the completion of the Project according to the terms and provisions of the Contract Documents or use such other methods as in its opinion shall be required for the Key Largo Wastewater Treatment System Design/Build Contract 51 of 66 r r' r r' r' r r r r' r r I~ I~ I~ I I I I I completion of the Project in an acceptable manner. The parties agree that the actual direct additional costs necessarily incurred by FKAA in hiring a replacement contractor in the event of a default by OGDEN under this Contract shall not constitute cons sequential damages.. 33.5 In the event of a termination under Section 33.2 above, all damages, costs and charges incurred by FKAA shall be deducted from any monies due or which may become due to OGDEN: FKAA may immediately institute actions to recover on the posted bonds and guaranty. In case the damages and expenses so incurred by FKAA shall be less than the sum which would have been payable under this Contract, if it had been completed by OGDEN, then OGDEN shall be entitled to receive the difference. If such damages and costs exceed the unpaid balance, then OGDEN shall be liable and shall pay to FKAA the amount of said excess. 33.6 Should OGDEN contest a termination under Section 33.2 above, and it is determined that OGDEN was not in default, OGDEN shall be entitled to receive payment from FKAA for the Work satisfactorily completed and expenses incurred to the point of termination; reasonable resolution of subcontractor, supplier and vendor commitments that had become due prior to the date of termination; demobilization of OGDEN's Equipment, Materials, and personnel; and the relocation of OGDEN's employees if necessary. FKAA's liability under this Section shall specifically exclude all claims for lost profits and indirect, consequential, special, or other damages not otherwise specifically set forth herein. This Section shall not apply if it is determined by a court of competent jurisdiction that FKAA acted in bad faith in terminating OGDEN under Section 33.2. 33.7 If either an Uncontrollable Circumstance, or Change in Law, shall occur relative to a material obligation of OGDEN under this Contract, or if an Uncontrollable Circumstance or Change in Law shall occur relative to the obligations or the ability of FKAA to continue performance under this Contract, and such circumstance or event, or the effect thereof, shall continue for a period of sixty (60) calendar days, FKAA, upon notice to OGDEN, may terminate this Contract forthwith, and neither party shall incur any further liability or obligation other than to pay for the Work satisfactorily completed and expenses incurred to the date of notification of the termination. No claim for loss of anticipated profits will be considered. 33.8 Should FKAA lose funding for the Project, or if a grant of funding is reduced or terminated, through no fault of FKAA, then FKAA may terminate the Contract upon seven (7) calendar days written notice to OGDEN (delivered by certified mail, return receipt requested), with no further liability or obligation to OGDEN other than to pay for the Work satisfactorily completed up to the date of notification of termination. If, however, the grant of funding is reduced or terminated due to some fault or negligence on the part of FKAA, OGDEN shall be entitled to receive compensation as set forth in Section 33.6. 33.9 In the event FKAA exercises its rights under this Article, OGDEN will be entitled to no other compensation, including without limitation, no other payment for lost profits and indirect, consequential, special, or other damages. Payment by FKAA under the Article, and acceptance of those amounts by OGDEN, shall constitute a waiver of all claims by OGDEN and shall release FKAA from all claims and all liability to OGDEN for all things done or furnished in connection with the Work and for every act ofFKAA and others relating to or arising out of the Key Largo Wastewater Treatment System DesignlBuild Contract 52 of 66 [ r [ ( r r r r r r- r I~' I~ I' I~ I' I I I Work. Unless otherwise agreed to in writing by FKAA, no payment shall operate to release OGDEN or its Sureties from obligations under this Contract, the guaranty, warranties, and the performance and payment bond(s). 33.10 Upon receipt of notice of termination, OGDEN shall promptly discontinue all affected Work unless the notice of termination directs otherwise and deliver or otherwise make available to the FKAA all data, drawings (including as built drawings), specifications, reports, estimates, summaries and such other information as may have been required by this Contract whether completed or in process. 33.11 OGDEN and FKAA mutually agree that termination of this Contract pursuant to this Article, unless otherwise agreed to by both parties in writing prior to the termination of this Contract, shall also act to terminate the Operations Agreement. ARTICLE 34 OGDEN's Right to Stop Work or Terminate Contract 34.1 OGDEN shall have the right, upon fifteen (15) business days written notice Jo FKAA, to stop Work or terminate this Contract and immediately commence an action against the FKAA upon the occurrence of any of the following: 34.1.1 Should FKAA fail to review and approve, or state in writing its reasons for its non-approval of, any application for payment within forty-five (45) calendar days after it is presented to FKAA by OGDEN for payment. 34.1.2 Should FKAA fail to make payment to OGDEN of amounts over which there is no bonafide dispute within sixty (60) calendar days after the time provided in Article 7 for such payments to be made. 34.2 FKAA shall have the right to make any required payment, or state in writing the reasons for non-approval of any application for payment, within the fifteen (15) business day period, which shall preclude OGDEN's right to terminate this Contract. It is further agreed that OGDEN may not stop the Work, or terminate this Contract, if there exists a bonafide dispute over whether any such payment is actually due. In the event that OGDEN terminates this Contract pursuant to this Section 34.2, as the sole exception to the requirements of Section 16.5, OGDEN may elect to bring suit against FKAA in the Circuit Court of Monroe County prior to Substantial Completion of the Project. OGDEN must, however, comply with the other preconditions to filing such suit contained in this Contract. 34.3 OGDEN shall also have the right to stop Work, request additional compensation and time extension or terminate this Contract should FKAA fail to deliver the vacuum station sites within six months following OGDEN's scheduled acquisition of the FDEP permit for each station. The date of OGDEN's planned permit acquisition shall be determined in accordance with OGDEN's most recent, FKAA approved, Project Schedule. In no event may OGDEN exercise its rights under this section until the twelfth (12) month after issuance of the Notice to Proceed. Key Largo Wastewater Treatment System Design/Build Contract 53 of 66 [ r r r r" I" r r r r r' I~' I- I- I I I I I 34.4 In the event of OGDEN's termination of this Contract under this Article 34, FKAA shall pay to OGDEN the amounts specified in Section 33.6. ARTICLE 35 Bonds, Indemnification and Insurance 35.1 Within fifteen (15) calendar days following the Effective Date, OGDEN shall furnish a performance guaranty from Ogden Energy Group as set forth in Appendix B. 35.2 Performance and Payment Bond (Surety): OGDEN shall furnish a Performance Bond and Payment Bond in the form and containing all the provisions of the performance and payment bond forms attached hereto as Appendix C on the Effective Date. 35.2.1 The Bonds shall each be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to FKAA the completion and performance of the Project covered in this Contract as well as full payment of all suppliers, material person, laborers, or Subcontractors employed pursuant to this Project. Such Bonds shall be with a surety company that is qualified pursuant to Section 35.3, Qualifications of Surety. 35.2.2 Such Bonds shall continue in effect for two years after completion and acceptance of the Project with liability equal to one hundred percent (100%) of the Contract Price. 35.2.3 Pursuant to the requirements of Section 255.05 (i) (a), Florida Statutes, as may be amended from time to time, OGDEN shall ensure that the bonds referenced above shall be recorded in the public records of Monroe County and shall provide FKAA with evidence of such recording. 35.3 Oualifications of Surety: 35.3.1 Each bond required by this Contract must be executed by a surety company of recognized standing, authorized to do business in the State as surety, having a resident agent in the State and having been in business with a record of successful continuous operation for at least five (5) years. 35.3.2 In addition to the above-minimum qualifications, the surety company must meet at least one of the following additional qualifications: 35.3.2.1 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 5260, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 2926, revised September 1,1978 (31 CFR Section 223.10 and Section 223.111). Further, the Key Largo Wastewater Treatment System DesignlBuild Contract 54 of 66 I I I ( I" I" r r r r r I~ I~ I' I' I r r I surety company shall provide FKAA with evidence satisfactory to FKAA, that such excess risk has been protected in an acceptable manner. 35.3.2.2 The surety company shall have at least the following minimum ratings in the latest revision of Best's Insurance Report: Amount of Bond Policy Holder's Rating Best Financial Size Category 50,000,001 or more A Class VII 35.4 Indemnity 35.4.1 In consideration of one thousand dollars ($1000.00), and other valuable consideration, separately acknowledged by OGDEN, OGDEN shall defend, indemnify, and hold harmless FKAA, its officers, directors, agents, and employees, from all claims, demands, fines, damages, and expenses for bodily injury, including death, and property damage which arise out of, in connection with, or by reason of, the negligence, errors, omissions, or willful misconduct of OGDEN or any of its Subcontractors, materialmen, or suppliers, in the performance of the Work or Services under this Contract. OGDEN shall have no liability or obligation to indemnify FKAA for damages arising out of personal injury or injury to property if it is ultimately determined by an impartial tribunal, so constituted as to make such determination, that the injury or damage to person or property was caused by the sole negligence or willful misconduct of FKAA, its officers, directors, agents, and employees. Further, for good and valuable consideration, FKAA shall defend and hold harmless OGDEN, its officers, directors, agents, employees from liability to third persons, excluding any and all Subcontractors, materialmen, and suppliers, that arises out of, in connection with or by reason of (i) a challenge to the legality of the Project, or (ii) where there is no formal allegation, at anytime by any person during the course of any legal proceeding, that Ogden has improperly designed, constructed, or operated the Project, acted negligently, or otherwise failed to perform any of its obligations under this Contract, or the Operations & Maintenance Agreement. 35.4.2 In the event that either party seeks indemnity and/or a defense, such party shall provide notice in writing to the other party promptly upon the occurrence or happening of the event, condition or circumstance giving rise thereto, specifying in detail the event, condition or circumstance that has given rise to the indemnity claim. The party seeking indemnity and/or a defense shall provide copies of all documents in its possession relating to the claim to the other party and thereafter cooperate with and assist the other party and its insurer in the defense and resolution of the claim. 35.4.3 A party's obligation to indemnify, defend, and pay for the defense or at the other party's option, to participate and associate with the other party in the defense and trial of any damage claim or suit, and any related settlement negotiations, arises within seven (7) calendar days of the party's receipt of the other party's notice of claim for indemnification. OGDEN's obligation to defend and indemnify FKAA within seven (7) calendar days of receipt of such notice is not excused because of OGDEN's inability Key Largo Wastewater Treatment System DesignlBuild Contract 55 of 66 r .r r r r r- r r r' r r r r' r I~ r I' r r to evaluate liability, or because OGDEN denies liability or deems FKAA to be solely or willfully negligent. Only a final adjudication or judgment finding FKAA solely or willfully negligent excuses OGDEN from the performance of this obligation. If a judgment finding FKAA solely or willfully negligent is appealed and the finding of sole willful negligence is reversed, then OGDEN is obligated to indemnify FKAA for the cost of the appeal(s). 35.4.4 OGDEN shall not permit any laborer's, materialmen's, mechanic's or other similar liens to be filed or otherwise imposed on any part of the Facilities or the property on which the Work and Services are performed as a result of OGDEN's failure to pay Subcontractor's or other persons performing portions of work or Services in accordance with the relevant subcontract or agreement. If any such lien or claim is filed, OGDEN agrees to indemnify, save harmless and, at FKAA's option; defend FKAA, its officers, agents and employees, from and against any claims, losses, demands, causes of actions, liability or suits of whatever nature arising out of or based upon the liens or claims. If OGDEN does not cause such lien or claim to be released or discharged (by payment, bonding or otherwise and as promptly as possible), FKAA shall have the right, after notice to OGDEN, to pay all sums reasonably necessary to obtain such release or discharge and deduct all amounts so paid from any monies due to OGDEN. 35.4.5 OGDEN shall defend against and be liable for all fines or civil penalties that may be imposed by a regulatory body for any violations that are a result of OGDEN's, or any of its Subcontractors', negligence, errors, or omissions under this Agreement. In the event that such fines or civil penalties are caused entirely by an Uncontrollable Circumstance or a Change in Law, OGDEN will be relieved of its obligation and liability under this Section, provided that OGDEN has given FKAA prompt notice of the threatened imposition or assessment of any such fine or civil penalty and thereafter provides all documents, information, and assistance reasonably requested by FKAA to defend against such threatened fines or civil penalties. FKAA shall defend against and be liable for all fines or civil penalties that may be imposed by a regulatory body for any violations that are the result of (i) the occurrence of an Uncontrollable Circumstance, or (ii) a Change in Law. 35.4.6 In carrying out any of the provisions of this Agreement, or in exercising any authority granted by the Contract, there will be no personal liability upon any public official of FKAA, employee, agent or representative. 35.4.7 The indemnification provided above shall obligate the indemnifying party to defend at its own expense. to and through the appellate, supplemental or bankruptcy proceeding, or, at the indemnified party's option, to provide for such defense of any and all claims of liability and all suits and actions of every name and description that may be brought against the indemnified party under the circumstances, but subject to the limitations, provided above in this Article. 35.5 Insurance Requirements Key Largo Wastewater Treatment System Design/Build Contract 56 of 66 [ [ [ [ [ [ I [ [ ( [ I I I- I" I I I I 35.5.1 Within fifteen (15) calendar days of the Effective Date, OGDEN shall deliver to FKAA certificates of insurance (and other evidence of insurance requested by FKAA or any other additional insured) which OGDEN is required to purchase and maintain under this Contract. OGDEN will ensure that the insurance obtained will extend protection to all Subcontractors engaged by OGDEN. As an alternative, OGDEN may require all Subcontractors to obtain insurance consistent with the insurance required of OGDEN. OGDEN will not be permitted to commence Work governed by this Contract (including pre-staging of personnel and Material and Equipment) until satisfactory evidence of all required insurance has been furnished to FKAA, FKAA has reviewed such evidence, FKAA has approved all required insurance OGDEN will furnish under the Contract, and OGDEN has obtained the insurance approved by FKAA. Delays in the commencement of the Work, resulting from the failure to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this Contract and any liquidated damages shall be imposed as if the Work commenced as of the date of issuance of the Notice to Proceed. 35.5.2 OGDEN shall maintain the required insurance throughout the entire term of the Contract and any extensions specified below. Failure to comply with this provision may result in the immediate suspension of all Work until the required insurance has been reinstated or replaced. 35.5.3 FKAA, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 35.5.4 All companies providing insurance policies must be authorized to conduct business in the State and have a Best Rating of no less than A-. 35.5.5 The acceptance and/or approval of OGDEN's insurance shall not be construed as relieving OGDEN from any liability or obligation assumed under this Contract or imposed by law. 35.5.6 FKAA, its employees and officials, will be included as "Additional Insured" on all policies, except for Workers' Compensation and Vehicle Liability policies. In addition, FKAA will be named an "Additional Insured" and "Loss Payee" on all policies covering FKAA-owned property. 35.5.7 OGDEN shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims which may arise out of or result from OGDEN's performance of the Work and OGDEN's other obligations under the Contract Documents, whether it is to be performed by OGDEN, any Subcontractor in any tier or supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. At a minimum, OGDEN shall purchase and maintain the following insurance: Key Largo Wastewater Treatment System Design/Build Contract 57 of 66 r r r r r r r r r r r r" r r r r r I' r 35.5.7.1 Workers' Compensation Insurance with limits sufficient to respond to section 440 of the Florida Statutes. OGDEN shall also furnish insurance covering claims under disability benefit and other similar employee benefit acts. 35.5.7.2 Employers' Liability Insurance (coverage to be maintained throughout the entire term of the Contract) with limits of not less than $3,000,000 for bodily injury by accident, $3,000,000 for bodily injury by disease (policy limits) and $3,000,000 for bodily injury by disease (each employee). 35.5.7.3 Commercial General Liability Insurance (coverage to be maintained throughout the life of the Contract) and include, as a minimum, coverage for Premises Operations, Products and Completed Operations for two (2) years after completion and acceptance of the Work, Independent Contractors, Blanket Contractual Liability, Blanket Fire and Explosion Liability, Personal Injury Liability, and Expanded Definition of Property Damage. The minimum limits acceptable shall be $10,000,000 Combined Single Limit (CSL). An Occurrence Form policy is required. The policy shall include coverage for the XCU (explosion, collapse and underground) exposures with full policy limits available for this exposure. If an Umbrella or Excess policy is used to satisfy the above-required limits of liability, the terms and conditions of the Umbrella or Excess policy must be no less restrictive than the underlying primary liability policy. 35.5.7.4 Vehicle Liability Insurance (coverage to be maintained throughout the life of the Contract) that shall include, as a minimum, liability coverage for owned, non-owned and hired vehicles. The minimum acceptable limits shall be $1,500,000 Combined Single Limit (CSL). 35.5.7.5 Insurance assuring that, in carrying out any of the provisions hereof in exercising any authority granted by the Contract, there would be no personal liability upon any public official. 35.5.7.6 Builder's Risk Insurance on an All Risk of Loss form (to be maintained throughout the life of the Contract and until the Project is accepted by FKAA) covering loss caused by theft, windstorm, hail, explosion, riot, civil commotion, aircraft, vehicles, smoke, fire, collapse and flood. Transit and off-site storage coverage must be included, and permission granted for partial occupancy during construction without affecting the coverage. The policy limits shall be no less than the amount of the finished Project and coverage shall be provided on a completed value basis. Property located on the construction premises that is intended to become a permanent part of the Project shall be included as property covered. 35.5.7.7 Installation Floater Insurance (to be maintained throughout the life of the Contract and until the Project is accepted by FKAA) covering Key Largo Wastewater Treatment System DesignlBuild Contract 58 of 66 r r r r r r r r r r t r"' r r r I~ r r r- Machinery and Equipment while being transported, installed and tested and covering loss caused by fire, explosion, civil commotion vehicles, aircraft, lightning, collapse, vandalism, flood, windstorm, strikes, malicious mischief, hail, and riots. The policy limits shall be no less than the amount of the Machinery and Equipment being installed. 35.5.8 The policies of insurance OGDEN required by this Article to be purchased and maintained shall: 35.5.8.1 with respect to insurance required by Section 35.5.2, include as additional insureds (subject to any customary exclusion in respect of professional liability) FKAA and its Project Representative all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and Subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 35.5.8.2 include at least the specific coverages and be written for not less than the limits of liability provided herein or required by Laws or Regulations, whichever is greater; 35.5.8.3 include completed operations insurance; 35.5.8.4 include contractual liability insurance covering OGDEN's indemnity obligations under this Contract; 35.5.8.5 contain a prOVlSlon or endorsement that the coverage afforded will not be canceled, reduced, materially changed or renewal refused until at least thirty (30) days prior written notice has been given by insurer or its agent to FKAA and OGDEN and to each other additional insured to whom a certificate of insurance has been issued (and the certificates of insurance furnished by OGDEN pursuant to paragraph 35.5.1 will so provide); 35.5.8.6 remain in effect at least until final payment and acceptance of the Project and at all times thereafter when OGDEN may be correcting, removing, or replacing defective Work in accordance with the Contract Documents; and 35.5.8.7 with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two (2) years after final payment and acceptance of the Project (and OGDEN shall furnish FKAA and each other additional insured to whom a certificate of insurance has been issued, evidence satisfactory to FKAA and any such additional insured of continuation of such insurance at final payment and one year thereafter). Key Largo Wastewater Treatment System DesignlBuild Contract 59 of 66 r r r r r r r r r r r r r I~ r ,. I I I 35.5.9 In addition to the insurance required to be provided by OGDEN under the Contract, FKAA, at FKAA's option, may purchase and maintain at FKAA's expense FKAA's own liability insurance as will protect FKAA against claims which may arise from operations under the Contract Documents. 35.6 Professional Liability Insurance: OGDEN shall provide, pay for and maintain in force at all times during the services to be performed Professional Liability Insurance covering the design, engineering, and construction Work performed by OGDEN and any of its Subcontractors, with the limits of liability provided by such policy to be no less than Five Million Dollars ($5,000,000), with a deductible (if applicable) not to exceed $100,000 each claim. Coverage written on a "claims made" basis must remain in force for two (2) years after acceptance of the Project by FKAA. The policy (ies) must be endorsed to provide FKAA with at least thirty (30) days written notice of cancellation and/or restriction. OGDEN shall notify FKAA in writing within thirty (30) calendar days of any claims filed or made against the Professional Liability Insurance Policy. 35.7 Assignment: OGDEN and all Subcontractors shall and hereby do assign to FKAA all return premiums, premium refunds, dividends and other monies due to or which may become due in connection with the insurance, all of which shall inure to the benefit of FKAA. OGDEN and all Subcontractors shall execute such other further assignments and documentation as may be required to effectuate this assignment. 35.8 Subrogation and Waiver: Each party hereby waives, and shall require all its subcontractors to waive, all rights of recovery against the other, its Affiliates, officers, directors, agents, and employees, which rights of recovery such party may have or may acquire pursuant to deductible clauses in, or inadequacy of limits of, any policies of insurance that are in any way related to the Work and that are secured by such party. ARTICLE 36 Reuse 36.1 The parties expressly recognize the desirability of implementing a reclaimed water re-use system on this Project. Therefore, OGDEN agrees that it will design and construct the Project Facilities in such a manner that will both facilitate the addition of a re-use system in the future and minimize the expense associated with the implementation of such a system. 36.2 Should FKAA implement a re-use system during the term of this Contract, OGDEN shall perform all Work related to the design, construction, operation, and maintenance of the re-use system in accordance with the terms and conditions of this Contract and the Operations Agreement. FKAA and OGDEN shall negotiate compensation and the completion time in accordance with the provisions of Article 12, and FKAA shall issue written Change Orders as are necessary. Similarly, FKAA and OGDEN shall negotiate compensation for operation, maintenance, and repair of the reuse system in accordance with the provisions of Article 14 of the Operations Agreement. Key Largo Wastewater Treatment System DesignlBuild Contract 60 of 66 r r f r r r r r r r r' rH r r r ,~ r r r 36.3 The approved uses, application sites, quantities, assurances of long-term re-use of reclaimed water, conditions under which re-use may take place, and recipients of re-use water shall be determined by FKAA, consistent with the requirements of FDEP, based upon are-use feasibility study to be completed by OGDEN at no additional cost to FKAA. The completed study shall be submitted to FKAA no later than October 15, 2000. Any proposal for re-use justified by the study shall be subject to acceptance by the FKAA and, in the event financing for the re-use facilities is contemplated from FDEP, by FDEP. No claim for delay in Project implementation or completion shall be made as a result of undertaking the study, the required review, design, permitting, or construction of any resulting re-use facilities. FKAA and OGDEN will mutually establish delivery procedures and payment provisions that will govern the operation, maintenance, and repair of any re-use system by OGDEN throughout the entire term of the Operations Agreement. Such delivery procedures shall address the reclaimed water quality, disinfection, storage, distribution, monitoring, and application rates as well as the handling of reject water. If re-use is to implemented by mutual agreement of OGDEN and FKAA, the construction and operation of the re-use system would be incorporated into the Project without precluding OGDEN from maintaining construction schedules or operation and maintenance schedules. ARTICLE 37 Miscellaneous Contract Provisions 37.1 ROYALTIES AND PATENTS: All fees, royalties, and claims for any invention, or pretended invention, or patent of any article, material, arrangement, appliance or method that may be used upon or in any manner be connected with the construction of this Project or appurtenances, are hereby included in the prices stipulated in this Contract for said Project. 37.2 DATUM: All elevations are referred to as National Geodetic Vertical Datum (N.G.V.D.) of 1929, or such datum identified in the Design-Build Criteria Package. 37.3 RIGHTS OF VARIOUS INTERESTS: Whenever work being done by FKAA's forces or by other contractors is contiguous to Work covered by this Contract, the respective rights of the various interests involved shall be established by FKAA to secure the completion of the various portions of the Work in general harmony. 37.4 OWNERSHIP OF DOCUMENTS: Drawings, specifications, designs, models, photographs, computer electronic discs, reports, surveys, and other data provided in connection with this Contract are and shall become and remain the property of FKAA, but subject to any conditions or limitations upon use thereof to the extent the intellectual property rights therein are owned by third parties, whether the Project for which they are made is executed or not. Prior to the final completion of construction services under this Contract, there shall be established a record set of as built plans and specifications, both electronically and on full size Mylar drawings, which shall bear the approval of OGDEN's consultant and the concurrence of FKAA' s Project Representative. In the event of termination of this Contract, any reports, photographs surveys, and other data and documents prepared by OGDEN, whether finished or unfinished, shall become the property of FKAA and shall be delivered by OGDEN to FKAA within fourteen (14) calendar days of OGDEN's receipt of notice of the termination. If applicable, FKAA may Key Largo Wastewater Treatment System Design/Build Contract 61 of 66 r , f.' f r r r r r r r r r r ,~ r r r r withhold any payments then due to OGDEN until OGDEN complies with the provisions of this section. 37.5 RECORDS: OGDEN shall keep such records and accounts and require any and all architects, consultants and Subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement. Such books and records will be available at reasonable times for examination and audit by FK.AA and for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Contract. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by OGDEN to be applicable to OGDEN's records, OGDEN shall comply with all requirements thereof; OGDEN and FKAA shall violate no confidentiality or non-disclosure requirement of either federal or state law. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for FKAA's disallowance and recovery of any payment upon such entry. 37.6 NO CONTINGENT FEE: OGDEN warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for OGDEN to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona tide employee working solely for OGDEN, 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, FKAA shall have the right to terminate this Contract without liability at its discretion, to deduct from the Contract Price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 37.7 REPRESENTATIVE OF FKAA AND OGDEN: It is recognized that questions in the day-to-day conduct of the Project will arise. FKAA shall designate and shall advise OGDEN in writing, of one (1) or more representatives to whom all communications pertaining to day-to- day conduct of the Project shall be addressed, OGDEN shall likewise inform FKAA in writing of the representative of OGDEN to whom matters involving the day-to-day conduct of the Project shall be addressed. The parties shall provide notice of their respective representatives designated under this Section 37.6 within five (5) days after the Limited Notice to Proceed. 37.8 ALL PRIOR AGREEMENTS SUPERSEDED: The Contract Documents incorporate and include all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in the Contract Documents. Accordingly 'it is agreed that no deviation from the terms hereof shall be predicated upon any representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Key Largo Wastewater Treatment System Design/Build Contract 62 of 66 r r. r r-- r r- r r r r t r t' r r r r I r 37.9 OCCUPATIONAL SAFETY REQUIREMENTS: OGDEN shall take all precautions necessary for the protection of life, health, and general occupational welfare of all persons, including employees of both OGDEN and FKAA, until OGDEN has completed the Work required under the Contract Documents. OGDEN shall at all time comply with applicable Federal, State, and local laws, provisions, and policies governing safety and health, including 29 CFR 1926, including all subsequent revisions and updates. 37.10 TRUTH-IN-NEGOTIATION: Signature of this Contract by OGDEN shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other costs supporting the compensation of this Contract are accurate, complete, and current at the time of contracting. The original contract amount and any additions thereto shall be adjusted to exclude any significant sums, by which FKAA determines the base fee, or any subsequent Change Order, was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contractual adjustments shall be made within one (1) year following the end of this Contract. 37.11 INTERPRETATION: The parties hereto acknowledge and agree that the language used in this Contract expresses their mutual intent, and no rule of strict construction shall apply to either party hereto. The headings contained in this Contract are for reference purposes only and shall not affect in any way the meaning or interpretation of this Contract. All personal pronouns used in this Contract shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Contract as a whole and not to the particular sentence, paragraph or Section where they appear, unless the context requires otherwise. Whenever reference is made to a Section or Article of this Contract, such reference is to the Section or Article as a whole, including all of the subsections and subparagraphs of such Section or Article, unless the reference is expressly made to a particular subsection or subparagraph of such Section or Article. 37.12 CONDITION PRECEDENT TO CONTRACT: It is understood by the parties to this Contract that all duties and obligations as set forth herein for the design and construction phases of the Project, including the issuance of any Notice to Proceed, are contingent upon and shall not be binding upon FKAA until such time as OGDEN has obtained all necessary permits, authorizations, and approvals of whatever nature from the appropriate governmental entities or regulatory bodies that may be required for the commencement of the construction of the Project as set forth in Article 5, entitled Scope of Work, and delineated in the drawings to be prepared by OGDEN and approved by FKAA in accordance with Article 9. The parties hereto acknowledge that as of the date of execution of this Contract certain necessary governmental approvals, including, but not limited to, those matters set forth above, may not have been obtained by OGDEN in order to lawfully commence the Project. FKAA shall not be responsible or liable for any damages of any nature whatsoever, including but not limited to, direct, indirect, consequential, impact or other costs and expenses, which may arise as a result of, or connected to, the failure of any governmental entity, refusing to grant any necessary approval, permit, variance or any other required consent which may be necessary to commence construction of the Key Largo Wastewater Treatment System DesignIBuild Contract 63 of 66 r r r r r r r r r r" r t r I~ I.' I' r I' I' Project, or which may arise as a result of any delay in the granting of any such approval, permit, variance or other required consent. 37.13 PUBLIC ENTITY CRIME STATEMENT: OGDEN represents that the execution of this Contract will not violate Section 287. 133(2)(a), F.S., ("Public Entity Crimes Act") which provides, in part, that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to FKAA, may not submit a bid on a contract with FKAA for the construction or repair of a public building or public Work, may not submit bids on leases of real property to FKAA, may not be awarded or perform Work as a contractor, supplier, Subcontractor, or consultant under a contract with FKAA, and may not transact business with FKAA in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CA TEGOR Y TWO for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by OGDEN shall result in termination of this Contract by FKAA without penalty. In addition to the foregoing, OGDEN further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133 Florida Statutes, as "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether OGDEN has been placed on the convicted vendor list. 37.14 JOINT PREPARATION: The preparation of this Contract has been a joint effort of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other by virtue of the fact that it may have been physically prepared by one party or its attorneys. 37.15 SEVERANCE: In the event this Contract or a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless it effects material obligations of FKAA or OGDEN, or if FKAA elects to terminate this Contract or renegotiate its terms. The election to terminate this Contract based upon this provision shall be made within seven (7) business days after the finding by the court becomes final. 37.16 WAIVER: No waiver of any provision of this Contract shall be effective unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 37.17 CONFLICTS: Neither OGDEN nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with OGDEN's loyal and conscientious exercise of judgment related to its performance under this Contract. OGDEN agrees that none of its employees shall, during the term of this Contract, serve as an adverse or hostile expert witness against FKAA in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her opinion, which is adverse or prejudicial to the interests of FKAA in any such pending or threatened legal or administrative proceeding. The limitations of this section Key Largo Wastewater Treatment System Design/Build Contract 64 of 66 f' r r' r r- r r r- r r t" I~ ,~ ,- ,.. I' r r.. t _. shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding regarding this Contract. In the event OGDEN is permitted to utilize Subcontractors to perform any Services required by this Contract, OGDEN agrees to prohibit such Subcontractors, by written contract, from having any conflicts as within the meaning of this section. 37.18 CONSEQUENTIAL DAMAGES: Neither party shall be liable to the other for special, incidental, consequential, or punitive damages. For the purposes of this Contract the parties expressly agree that liquidated damages and the additional costs of employment of a replacement contractor in the event of a default under this Contract, are direct damages and are not considered special, incidental, consequential, or punitive damages. 37.19 OGDEN expressly guarantees that, subject to the terms, conditions, and limitations of liability contained in this Contract, the Facilities as designed and built by OGDEN will meet or exceed the performance standards set forth in this Contract and the Applicable Laws. The parties agree that, other than as expressly provided in this Contract, there are no implied warranties, including without limitation, any implied warranty of fitness for a particular purpose or implied warranty of merchantability. 37.20 The maximum aggregate amount of liquidated damages that may be recovered by FKAA against OGDEN under this Contract and Ogden Energy Group, Inc. under the guaranty shall be twelve million ($12,000,000.00) dollars. OGDEN and Ogden Energy Group, Inc., shall in addition to the performance and payment bonds, be separately and independently liable for liquidated damages in excess of the penal sum of the bonds. The maximum aggregate amount of damages that may be recovered by FKAA against Ogden Energy Group, Inc. for a default under the guaranty is the performance bond amount. 37.21 SUCCESSORS AND ASSIGNS: The terms of this Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted aSSIgns. ARTICLE 38 Hurricane Precautions 38.1 During such periods of time in Key Largo as are designated by the United States Weather Service as being a hurricane watch or warning, OGDEN, at no cost to FKAA, shall take all precautions necessary to respond to all threatened storm events, regardless of whether FKAA or its Project Representative has given notice of the same. 38.2 Compliance with any hurricane watch or warning precautions specific to the Florida Keys will not constitute additional Work. 38.3 Suspension of the Work caused by a threatened or actual storm event, regardless of whether FKAA or its Project Representative has directed such suspension, will entitle OGDEN to additional Contract Time as an excusable delay, and shall not give rise to a claim for compensation. Key Largo Wastewater Treatment System Design/Build Contract 65 of 66 fh t t r t 1- r I' I' r I I I f , r I r IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date first above written, in counterparts each of whom shall, without proof or accounting for the other counterpart be deemed an original Contract. WITNESSES: ,tAU)} fJ~ Sill&- ,I l'~ ,~11c J(. (f:U)(iJUJ Ogden Water Systems of Key Largo, Inc. By --S#?J."Y Title Ex.-<'LU. \-i \JL Vlre 11-(Si o.-eY1+- Date .:JUY'\e. \ tot J d-oO 0 Florida Keys Aqueduct Authority By ATTEST: Title Date Clerk *********** Key Largo Wastewater Treatment System Design/Bui1d Contract 66 of 66 r r r r r r I I I I I ( ( I I I I I I APPENDIX A W ASTEW A TER MANAGEMENT FACILITIES 1. Consistent with Monroe County growth management policies, Project facilities shall be designed to accommodate the wastewater treatment plant flows listed in the tabulation given below. The treatment plant shall meet Class I reliability criteria. Standby power, odor control, and protection for Flood Zone V shall be provided. Flow on an Annual Basis Parameter Carbonaceous Biochemical Oxygen Demand (CBODS) Annual A vera e Total Suspended Solids Annual A vera e Total Nitrogen, expressed as N Annual A vera e Total Phosphorus, expressed as P Annual A vera e Microbiolo ical o erational Criteria 5 milligrams per litre er litre er litre 2. The collection/transmission system shall provide for transmISSiOn of both minimum scouring flow and peak hourly flow to the treatment plant consistent with sound engineering practice. Traffic bearing lids shall be provided for vacuum pits. Standby power, odor control, negative buoyancy for vacuum pits, and vacuum station and pumping station protection for Flood Zone V shall be provided. The selection of the size or capacity rating of collection/transmission components shall be limited as follows: Facilities shall be provided and appropriately sized to serve existing developed properties throughout the entire Project service area; additional capacity to accommodate service allowed under the County's growth management policies shall be provided; manufacturers' recommendations shall be followed; and sound engineering practice shall be used. Compliance with all local, state, and federal environmental protection policies, ordinances, rules, regulations, and statutes shall be required. 3. The deep injection well disposal system shall be provided in accordance with Class I well construction specifications as established in Department of Environmental Protection rules. The well system shall include redundancy such that the entire permitted flow can be injected while any part of the system is not being used. CXf~ [ I ( ( I I I I I I I- I" I I I I I I I GUARANTY OF OGDEN ENERGY GROUP, INC. Appendix B This GUARANTY is dated as of ,2000 (this "Guaranty") and is made by Ogden Energy Group, Inc., a corporation (the "Guarantor") to the Florida Keys Aqueduct Authority ("FKAA"). As a condition precedent to the obligations of FKAA under a certain Design/Build Contract and Operations & Maintenance Agreement, dated as of even date herewith between Ogden Water Services of Key Largo, Inc. (the "Company") and FKAA (collectively referred to as the "Contracts"), FKAA has requested the Guarantor to guarantee the obligations of the Company under the Contracts. In consideration of the foregoing, and for other good and valuable consideration received, the Guarantor agrees with FKAA as' follows: Section 1. Definitions. All capitalized terms not defined in this Guaranty shall have the meaning given to those terms in the Contracts. Section 2. Guarantee. The Guarantor hereby absolutely and unconditionally guarantees to FKAA, for its benefit and that of its permitted successors and assigns under the Contracts, the full and prompt performance of all obligations of the Company under the Contracts in accordance with the terms and conditions therein except as released or excused thereunder. The parties agree that upon performance by the Guarantor hereunder, the Guarantor shall be subrogated to the rights of the Company under the Contracts. Section 3. Absolute and Unconditional Guarantee: Survival of Oblhzations. The obligations of the Guarantor to guarantee performance of the obligations of the Company under the Contracts, as it may be amended by Change Orders, renewed or extended from time to time in accordance with its terms and conditions, shall be absolute, unconditional, present and continuing guarantee of performance including payment of liquidated damages owed by the Company to FKAA for delay, subject to the limit thereof set forth in the Contracts, and is not a guarantee of payment or collectability except as payment or collectability may be a performance requirement under the Contracts, and shall remain in full force and effect so long as any obligations of the Company under the Contracts are unfulfilled. Section 4. Notice Requirements. Guarantor's obligations shall be subject to FKAA providing Guarantor written notice of any default of the Company in performing any obligation for which FKAA is seeking Guarantor's performance. Guarantor shall cure such default within five (5) business days after receipt by Guarantor of written notice thereof specifying the nature of such default; provided that should a default occur that reasonably requires more than five (5) business days to cure (an "Extended Default"), Guarantor shall commence to cure such Extended Default and diligently prosecute such cure to completion, subject to the cure periods specified in the Contracts therefor as if, for this purpose, Guarantor is the Company under the Contracts. Subject to the following sentence, any such cure period of Guarantor hereunder for an Extended Default shall be of equal duration to the cure period of the Company under the Contracts for such default, commencing upon receipt by Guarantor of notice as provided above. In no event shall lof5 Nlx' [ l [ l L l L L L l l l l I I I I I I the obligations of Guarantor hereunder exceed the obligations Guarantor would have had if it were itself a party to the Contracts, and Guarantor shall have all rights and defenses, set-offs, counter claims, reductions, diminutions or limitations of Company under the terms of the Contracts, other than any such rights and defenses, set-offs, counter claims, reductions, diminutions or limitations arising from or based upon Company's status (including, without limitation, bankruptcy or insolvency proceedings affecting Company, any defect in Company's power, authorization, execution, delivery or any other corporate formality with respect to the Contracts, or Company's lack of good standing, tax status or like matter). Section 5. Actions. The obligations hereunder are joint and several, and independent of the obligations of the Company or its Surety, and a separate action or actions may be brought and prosecuted against the Guarantor, whether action is brought against the Company or its Surety or whether the Company or its Surety may be joined in any such action or actions. The Guarantor waives any right to require FKAA to (a) proceed against the Company or its Surety; (b) proceed against or exhaust any security held from the Company; or ( c) pursue any other remedy in FKAA's power whatsoever. Section 6. Waiver. No delay on the part of FKAA in the exercise of any right, power or privilege under the documentation with the Company or under this Guaranty shall operate as a waiver of any such right, power or privilege. No waiver, amendment, release or modification of this Guaranty will be established by conduct, custom or course of dealing, but solely by an instrument in writing duly executed by the party against whom that waiver, amendment, release or modification is sought to be enforced. Section 7. Representations and Warranties. The Guarantor represents and warrants on the date of execution hereof that: (A) Organization and Powers. The Guarantor is a corporation, organized and existing under the laws of the State of Delaware and has all requisite power and authority to perform all of its obligations under this Guaranty. (B) Authorization. The execution, delivery and performance by the Guarantor of this Guaranty has been duly authorized by all necessary action and this Guaranty constitutes a legal, valid and binding obligation of the Guarantor enforceable in accordance with its terms, subject to bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application relating to the enforcement of creditors I rights and general principles of equity. (C) Compliance with Laws and Contracts. The execution, delivery and performance by the Guarantor of this Guaranty does not and will not: (i) violate any provision of any law, rule, regulation, order, writ, judgment, injunction, decree, determination or award as currently in effect to which the Guarantor is subject; or (ii) result in a breach of or constitute a default under the provisions of any indenture, loan or credit agreement or any other agreement, lease or instrument, to which the Guarantor is subject or by which it, or its property, is bound. 20f5 t (D) Governmental Approvals. The Guarantor has obtained all authorizations, consents, approvals, licenses, exemptions of or filings or registrations, with all commissions, boards, bureaus, agencies and instrumentalities, domestic or foreign, available as of the date hereof, necessary for the due execution, delivery and performance by the Guarantor of this Guaranty. 'C e' (E) Litigation. There are no actions, suits or proceedings pending (except for actions, suits or proceedings which may have been filed but for which no notice has been received by, or process served upon, the Guarantor) or, to the knowledge of the Guarantor, threatened against the Guarantor or any of its property, before any court, 1] arbitrator or governmental department, commission, board, bureau, agency or instrumentality which, if determined adversely to the Guarantor, would singly or in the aggregate, have a material adverse effect on the ability of the Guarantor to perform its obligations under this Guaranty that have not been disclosed in writing to FKAA. e Section 8. Modification of this Guaranty. No amendment, modification or waiver of any provision of this Guaranty shall be effective unless the same shall be in writing and signed by FKAA Section 9. Events of Default. Guarantor shall be in default of this Guaranty upon the occurrence of the following events: (i) the default of the Company with respect to any of its obligations guaranteed hereunder and the failure or refusal of the Guarantor to perform or cause the performance of such obligations in accordance with Section 4 hereof, (ii) the Guarantor shall become insolvent or make an assignment for the benefit of creditors, (iii) if a petition in bankruptcy or for corporate reorganization or for an arrangement be filed by or against the Guarantor, (iv) the appointment of a receiver for the Guarantor or its properties, and (v) a judgment is obtained or warrant of attachment issued against the Guarantor that the Guarantor does not appeal or contest in good faith. Upon the occurrence of an event of default all or any part of any of the obligations and liabilities of the Guarantor to FKAA, whether direct or contingent, and of every kind and description, shall, without notice or demand, at the option of FKAA, become immediately due. Section 10. Severability. In case anyone or more of the provisions of this Guaranty shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired hereby. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. Section 11. Governing Law. This Guaranty shall be governed by the applicable laws of the State of Florida. 30f5 [" [ [" ( I I ( I' I I I I I I I I I I I Section 14. Headings. The captions in this Guaranty are for convenience of reference only and shall not define or limit the provisions hereof. IN WITNESS WHEREOF, the Guarantor has duly authorized the execution and delivery of this Guaranty as of the date first above written. OGDEN ENERGY GROUP By: Title: 50f5 r' r ( r r [d [' [ [ r r r r I I I I I r ./ ( ( THE AMERICAN INSTITUTE OF ARCHITECTS Appendix C = I AlA Oocumeni AJ72 Performance Bond ,/ Any singu/~r reference to Contractor, Surety, Owner or olner p~rty sn~1I be considered plural wnere ~pp/icab/e. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): CONSTRUCTION CONTRACT Date: Amount: Description (Name and location): BONO Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond: None o See Page 3 CONTRAGOR AS PRLMClPAl Company: SURETY Company: . (Corporate Sea/) (Coroorate Sea/) Signature: '-" Name and Title: Signatu re: Name and Title: (A:1Y additional signatures appear on page J) (FOR INFORMA TfON ONL Y-Name, Address and Telephone) AGENT or BROKER: . OWNER'S REPRESENTA nVE (Architect. Eneineer or ocher party): A'-\ OOCUMENT A,JIZ ' PE!lFO~M~NCE aof"o "NO P"YMEf"T 1301"0 . CEC:."laE~ 1?6-t !O. ' ",,, 3 THE "MER.Of" INSTITUTe OF "RCHITEcrS. 1ns NEW YORK "vE., ." "". ""'''SHI.'.:iCN. o.c. "CCO!J rHI~O P~IN liNe. "MilCH :98; AJ 12.1984 ~ r " ( r I rh~ ConrraCtor Jnd (he Surely. ;ointly Jnd se"era/ly. bind rhemse/ves. thelf heirs. e:~eculors. adminisrrJIOrs. Successors and assigns Co che Owner lor the performance 01 the Conscructlon ContrJCc. which;s incorporJted herein by relerence. 2 II rhe ContrOlcror perlorms the Construction Contrace. the Surety and rhe Contraceor sh.111 h.1"e no ob/igarion under this Sond. e:'l:ce~t to pdrticipace in conferences as provided in Subpdragraph J. 1. J /I chere is no Owner Default. the Surety's oblig<ltion under this Sond sh.111 <lrise dfter: J.r rhe Owner h.1s notilied the COnlr.1ceor and che Surety <It its address described in Paragr.ph 10 below Ihal rhe Owner is considering ded.ring a Contractor Defdu/l <lnd hds requesled and Jllempled to arr<lnge a conierence with lhe Concrdceor <lnd the SurelY to be held not later rhdn fifleen ddYs afler receipt of such nOlice co discuss methods of performing lhe Construc- tion Coneracc. If the Owner. ehe Contr.ctor .nd the Surety agree. lhe Coneractor sh.1/1 be allowed a re<lson- able time Co perform ehe ConstruCtion Contract. but such an agreement shall nOl w.ive lhe Owner'S righl. if OIny. subsequently to decldre a Conlr.Clor Default; and J.1 rhe Owner han:Jeclued a Conlractor Default and lormally terminated the Contractor's righl to complete Che Contract, Such Contractor Defaull shall not be de- clared earlier than rwenty days afler rhe Conrractor and the Surety h<l"e received nOtice as provided in Sub- paragraph J, 1; and J.3 rhe Owner has <lgreed to pay lhe 8alance of the Contract Price to the Surety in accordance with the terms of the ConSlrucrion Concract or to a COnlrJC:or selecled to periorm the Construction Contract in <lCCor- dance with the terms of the coner.Cl wieh the Owner. 4 When the Owner has satisfied the conditions of Para- graph J. the Surecy shall promptly and at lhe Surecy's e:~- pense take one of the following aaions: 4.1 Arrange for the Contr3ctor, with Consenl of the Owner. to perform and complele the Construction Contract; or 4.2 Undertake 10 perform and complele the Construc, tion ContraCl itself, through its Jgents or through inde- pendent cOntraClors; or 4.3 OblJin bids or negoliated proposdls from qualified Contr.Clors acceplable to che Owner for a COntrOlCl for perform.nce and complelion of lhe Con- struccion Contr.cr. arrange for a COntrdct 10 be pre. pared for e.'tecution by the Owner .nd lhe contraCtor selecced with the Owner's concurrence. 10 be secured with perform.nce and payment bonds e:'l:ecuted by a qualilied Surely equivalent to the bonds issued on the Construction Contract. dnd pay 10 lhe Owner the amounr of damJges as described in Paragraph 6 in ex. cess ollhe Balance of the Conlr3Cl Price incurred by the Owner resul1ing from rhe COntraclOr's defau/l; or 4.'; Waive its :ighl to perform and comp/ele. drrange rer complerion. or oblain a new Conlractor and wilh reJson<lb/e promplness under rhe circumSlances: .1 Afrer invesrigalion. determine the amOunt for r r r r [ r I r r I r I I I , r (" whiCh il mol:, be liable to Ihe O\yner JI"c. .IS soon as prJCricdb/e afrer rhe oImOunl " d!!r~', mined. lender pJymenl lh~reior ro ::'~ Owner; or .2 Deny liolbifilY in whole or in p.ur oInc nOl"V :M.t Owner ciring reolsons lherefor. S If the Surery does nOI proce~d oIS pro"iced in ?oIra~rJ~h 4 wilh reasonJble promplness. the Surety !hall ::'e dee~e-= to be in defau/l on this Sond fifreen days afrer re-=~ioe 0; dn addirionoll wriClen norice from lhe Owner to rhe Sur'!'(V demanding lhal Ihe Surery perform ilS obligolrions under Ihis Sand. oInd the Owner shall be enlilled :0 ~niorce dnv remedv .vai/able 10 lhe Owner. If the Sl.Ire~ proceeds dS provided in Subpolr.graph 4.4. and lhe Owner reiuses the Pdymenr lendered or lhe Surely hds denied liabiliry. in whole or in parr. wilhout further no lice the Owner shall be enlilled to enforce oIny remedy available to Ihe Owner. 5 'Afler the Owner has terriiinaeed lhe Contractors rig;,r to complete lhe Construction Conlract. and if the Surerv elects to aCl under Subparagraph 4.1. 4.1. or J.J dbove, lhen Ihe responsibililies of lhe Surely 10 the Owner shall not be grealer chan lhose of che Conrra~t<:'~ ,unde~ the ConSlruClion Conrr.cl. and the responSlbllllles or ehe Owner to Ihe Sure!y Shdll nOl be grealer lhan those of ehe Owner under lhe Construction ContraCl. To ehe limit of eh!! amoune of rhis Bond, bUl subject to corr.r:ri:~ent :y tM!! Owner oi che Salance of rhe Contract Price :0 mitigation oi COStS and damages on the Construction Contr.c:. the Sure. ry is obligaled wirhoul duplication for: . 5.1 The responsibilicies of lhe Contrac:or ior corre':. rion 01 deiecti.,e work and completion oi the Cor-struc. tion Conlract; 5.::! Additional legal. design profession.i ar:d eela\' C"sts resulting from the Conlractor's D~i.ul!. and re. suiting from the actions or failure ro aC\ oi the Sur'?:".' under Paragraph 4; and 5.3 Liquidaled dam.1ges. or if no Jiquida!e-j damag~! are specified in the ConSlruction Concract. ac:ual dd~- ages caused by delayed performance or non-perlcr. mdnce of the COntraClor. i The Surety shall nol be liolble to lhe Owner or Olhers ior obligaeions of Ihe Conlr3Clor lhdl are unrelated to the Con. struClion Contract, dnd the Salance of the Co~tract Proce shall nOl be reduced or set off on account 01 an:-- such unre/dled obligations. No righl of action shail accrue on Ihis 80nd 10 any person or enriry ocher lhan lhe Owner or ilS heirs. execulors, adminiSlralors or Successors. 8 The Surety hereby w.ives no lice of ~ny chdnge. includ. ing changes of rime. 10 the ConSlruCllon ContraCt o~ co relaeed subconlraces. purchdse orders and other obl'ga. lions. 9 An:-- proceeding. regal or eq;,ilable. un~er lh.is .80~d mav be instiluled in an:-- COUrl of competent lUflsd,crlon n lhe'location in which the work or parr of the war!.: IS localed and shall be inseirured wirhin two years OIiter Conrracor Deiaull or wirhin C\yo years ailer rhe Conrra.cror cea.~e.d working or wirhin l\vO years afrer lh.e Surecy rel~ses ~: ral;~ to periorm ils oblig3tions under thIS Sand. ..~hlche\ _.r o. Curs iirs!. If rhe provisions of rhis Paragra?n. are VOId or prohlbiled by law. Ihe minimum period ollomlrallon a\'~r1, ^I" OOCUMENT -\Jl~ . "E~FOlt"'''/'ICE aONO "'NO P"'YMENT BONO . CECE""8E.~ :q8-1 eo. . AI... , THf. AMEIlICAN '''FITUTE OF "SlCHlTECTS. Tns ."fW YOIlX ""f.. .... '.v. ....,...SHINC;ON O.C. :'X'('6 ''''111::) ,>qINIINC . ""'''IlC~ I~e; AJ12-19~ 2 ( [ [ [ [ [ [ [ ( I I I [ f I ( olble Co surecies as J defense in the jurisdiction of the suit Sholll be .Jpplic.Jble, 10 Notice to (he Surety. the Ownerorthe Contr.Jctor sh.1I be moliled or delivered Co the address shown on ehe sig' nollure p.ge. 11 When this Bond has been furnished to comply wirh a Slatulory or olher reg.J' requiremenl in lhe 10e.Jlion where lhe construction was co be performed. .Jny provision in lhis Sand conflicting wilh said slatutory or leg.J' requiremenc shall be deemed deleted herefrom .Jnd provisions con- forming to such stacutory or other reg.J1 requirement sh.lI be deemed incorpor.ted herein. The intent is lhal this Bond Sholl/ be conSlrued as . st.tulOry bond .Jnd nOl as a common law bond. 12 DEFINITIONS 12.1 Balance of lhe Contract Price: The COC.1/ amounl p.1y.b/e by the Owner to the Contractor under lhe ConSlruction Conlract .fter all proper adjustmenfS have been made. including .IIowance co ehe Con- MODIFICATIONS TO THIS BONO ARE A5 FOLLOWS: ( fractor of any amounls received or to be rece;ve..: ~, lhe Owner in selllement of insurance or Oche~ c/.ims for d.1m.1ges 10 which the Contractor is encrrfe..:. reo duced by all valid and proper p.yments m.1ce ~o Or :In behalf of fhe Contractor under the Ccnslructrcn Con. erOlCl. 12.2 ConSlruction Conrract: The agreemenr cec-.q~en lhe Owner and the Contr.ctor idenlified on rne s;3' n.1CUre page. including all COntracl Documencs ana ch.1nges therelo. 12.3 Conlractor Default: Failure of the Conerac,or, which h.1s neither been remedied nor waived. 10 per. form or olher....ise to comply with rhe terms oi lhe Construction Contract. 12.4 Owner De{.1u/r: Failure of the Owner. which ha; neither been remedied nor waived. co pay ehe Con. tractor as required by the ConSlruction ConcraCt or co perform and comp/ele,or comply wilh the olher Cerms thereof. ,- I ISpace is provided below for Olddilional signa lures of added parties. olher Ihan those appearing on lhe cover page, I CONTRACTOR AS PRINCIPAL Company: ICorporale Sea/) SURETY Company: Signature: Name and Tir/e: I\ddress : I Signalure: Name Jnd Tir/e: Address: (COrporale Seal I ...... OOCUMENT "-112 . i'E~FO~MANC~ 30NO AND PAYMEN r 30'-"0 . CEC~,....aEil 1~6-4 EO. . A'A , THE AME~IC~N INsrrrurE OF AilCHHECTS. Ins ,-..~w YOll.1: AVE.. "'N WA5HINC~ON, 0 C. :='.~ AJI:2,t9~ ] L l [ l L L L L L [ l I I I I I -. (FOR INFORMA nON ONL Y-Name, Address and Telephone) '. I AGENT or BROKER: . OWNER'S REPREScNTAlrVE (Archlcecc. EnE/neer or ocher parey): I I - ( THE AMERICAN INSTITUTE OF ARCHITECTS = I AlA Oocumem A.J72 Payment Bond '. , Any singular reference Co Coneraccor, Surer)', Owner or ocher parry s/'141l be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Susiness): OWNER (Name and Address): CONSTRUCTION CONTRACT Dace: Amount: Descripcion (Name and locacion): SOND Dace (Noc earlier than Construction ConCract Date): Amount: Modifications Co this Bond: None o See Page 3 CONTRA..-::TOR AS PRLNC/PAl Company: SURETY Company: . (Corporace Sea/) (Corcorate Seal) Signacure: '-' Name and Tiele: Signacure: Name and Ticle: (Any addiCional signaeures appear on page J) "'" OOCUMENr "-II: . ;tHFCq.-"~NCE 30/'00 .....0 ;t..l'.-..e....r aONO . c~C;...,3E.'l I~ ~O. . ..I~ ~ r""e "Me.'lION :NSTl ru re OF ARCHI reos. I;JS ,"C'W 'rORX ""L .... ','/ ....... SHI....C~C"'. 0 C. :cco; rHlllO ;tQINrINc ......;rCH :9~: ""J12- r9~ I I I ( I I I r I r I I' I'" I I I r 1 n,. Caf1tfcc:tof a.'ld ehe Suree'l. joi.'ltly a.'ld J~verally. bind themselves. cheir heirs. e:'tec:ucors. administracors. successors and assigns to the Owner co pay for labor. m.lceria/s and equipmenc furnished for use in che perfor. m.lnce of che Construccion Concract. which is incorpo- rated herein by reference, 2 With respecc co che Owner, chis obliiacion Jh.1l be .'lull ..'ld void if eh~ COtHrac:tor: 2.1 Prompcly makes paymenc. directly or indirectly. for all sums due Claimants. and 2.2 Defends, indemnifies and holds harmless the Owner from claims. demands. liens or suits by any person or encity whose claim. demand. lien or suit is for the payment for labor. macerials or equipment fur- nished for use in the performance of the Construction Contract. provided the Owner has promptly notified the Contractor and the Sureey (at the address described in Paragraph 12) of any claims. demands. liens or suits and tendered deFense of such claims. demands. liens or suits to the Contractor and the Surety. and provided there is no Owner Default. J With respect to Claimants. this obligation shall ce null and void if the Contractor promptly makes pay- ment, directly or indirectly. for ail sums due, 4 The Surety shall have no obligacion co Claimants under this Sond uncil: 4.1 Claimants who are emp/oy,ed by or have a direct concrac: wich the Contractor have given notice co the Surecy (at the address described in Paragraph 12) and sent a copy. or notice thereof. co the Owner, scacing that a claim is being made uneer chis Sond and, with substantial accuracy. the amount of the claim, 4.2 Claimants who do not have a direcc concra" wich the Contra"or: .1 Have furnished written notice co the Con- cracor and sent a copy. or notice :hereof, co the O""'ner. within 90 days after having lasc performed labor or last fumished materials or equipment included in the claim stating, wich substantial accuraC'I. che amount of che claim and the name of the party to whom the materials were furnished or supplied or for whom the labor wa~.done or performed; and .2 Have either received a rejection in whole or in part From the Contractor. or not received within 30 days of Furnishing the above no- tice any communication From the Contractor by which the Contractor has indicated che claim will be paid directly or indirectly; and .J Noe having been paid within the above 30 days. have sent a written nocice to the Surety (ac che address described in Paragraph 12) and senc a copy. or nocice thereof. to che Owner. SCacing Chat a claim is being made under this Sond and enclosing a copy of che previous wrrcten notice furnished co the Contractor, 5 If a notice required by Paragraph 4 is given by the Owner co the Concractor or to che Surecy, chac is sufii- cienc complianc~. ( 6 When the' Claimane hels satisfied :~~ :~neic:o~s -:r Paragr3ph 4. the Surety shall promoe!', anc a: t::~ Surecy's expense cake the following JC:'Cr:S 6.1 Send an answer co che Claimar::. ....1:;, .. :::0::'1 := che Owner, wichin 45 days afcer re:::~:;J: 01 ::-:e cl.llt'"': stating cn! amounts rhac are undi5Pc.:te~ and the :,,!11! for ~h.lleniini .ny .mQunU ch.c .r, CiICl.lc,d. 6.1 Payor arrange for payment of at1'.' c.:nCispu:e-: amounts. 7 The Surety's tocal obligation shall r:ct e:tceed the amount of this Bond. and :he amount of chis xnd shall ~ crediCed for any payments made in good faith cy che Surer. a Amounts owed by che Owner to che Contractor unce~ the Construction Contract shall be used for cne perier. mance of the Conseruction Contract and :0 !aeis:'''1 claims if any. under any Construction Performance Sond. 8'. the Contractor furnishing and the Owner acce:Jting ch,s Bond. they agree that all funds earned ~y the Conerac:or in the performance of the Construccicn Contract are dedicated to satisfy obligations of the Coneractor anc ehe Surety under this Sond. subject to ::-:e Owner's orior, ity to use che funds for the compleeicn or the work 9 The Surecy shall not be liable eo the 0....r'er. Claiman~ or ochers for obligacions of the Concrac:cr :ha~ are wnre!.!:, ed to the Construction Concract. The C.......ne~ shall not :~ liabie for payment of any costs or expenses -:f any Clair:-,.. ane under this Sond. and shall have unde~ chis :end.no eel;" gations to make payments to. give nocic:?s en ::er-aif oi. '=1 oche"",ise have obligations to Claimant! '.:r.c:?~ :hs 3<:r.c 10 The Sureey hereby waives notic~ ~i .ar.,:, c:,anse including changes or time. to che Cons:;:.,:c:ien C-:ncra-:: or to reI aced subcontracts, purchase -:rc:?~s anc c::,~, obligations, 11 No suit or action shall be commer.ce-:: ::./ a C!air.ta:~: under :his Bond other than in a COurt cr c::r.tpe~ent juri:- diccion in the locaeion in which che wcri< er ;an: of C:-~ work is located or aFter che expiraeion or er.e '(ear rrcr.t C:-~ date (1) on which ehe Claimant gave the nct:ce re-Juire-d ~\ Subparagraph 4,' or Clause 4.2.3. or (2) en which the 1i!.5: labor or service was performed by anyone cr :he lase mac~ rials or equipment were furnished by anycr.e :Jr.cer the Ccr- scruction Contract, whichever of (1) or (21 iirst occurs. I f &~ provisions of :his Paragraph are void or ~rcr:ibited b.,. la,.. che minimum period of limitation availa::fe to sur~ties as ~ deFense in the jurisdiccion of the suit sr...1l :e acpliobl~ 12 Notice to ,he Surety, the Owner or t~e Ccnerac:cr shall be mailed or delivered to che addr~ss sho....n on :r.~ signature page. Aceual receipt of noeice ~'{ .S~Jfec... e~.r! Owner or the Contractor. however ac~omcllsr.ed. shad be sufFicient compliance as of the dace re~;!ived c: ;.":~ address shown on the signature page. , J When this Sond has been furnished :0 comply'... ,eh 1 statutory or ocher legal requirement in the Icca.e1on \'. i'!7'~ che construction was to be performed. any prov'slo," In ,r:, Sand conflicting wieh said stacutory or legal re-::ulI~"''?~: shall be deemed deleted herefrom ane pr~vlSlons ~~-; forming co such stacutory or other legal rec;ullement s:~c! . be deemed incorporated here,n The ,neent IS ;ha: e.~; 414 OOCI.;....q.'H 4)1:. ~!~FC!l."","C( ~c....c '....0 ~"""E.....r 30"'C.. CEC;'ttH~ I~~. EO .. "". ~\If ""'~Ir".., '.....<<;~:.':r~ :,: ,QClo..trrE(", I..J~ s!',v 'PC~~ .....,1f .... ...., '^'~SI-tI,""r:;"C."" or: :?X"", ,.\]1:,198.: I [ Bond shall be conSlrued as a statutory bond and noC as a common law bond. 14 Upon requesl by any person or encity appearing co be a pOlential beneficiary 01 chis Bond. the Contractor shJII promplly lurnish a copy 01 this Bond or shall permic a copy to be made. l l 15 DEFINITIONS l 15.1 Claimanc: An individual or enticy having a dire..:t contraCC wilh the Concractor or wich a subconlractor 01 lhe Contractor to lurnish labor, materials or equip- menc lor use in the performance of the Concract. The intenc 01 this Bond shall be to include wichouc limila- tion in the terms "labor, materials or equipmenl" thaI part 01 wacer, gas. power. light. heac, oil, gasoline. telephone service or rental equipmenc used in lhe l l MODIFICA nONS TO THIS BONO ARE AS FOllOWS: I I I I I I I I ( Conslruccion Concract. archileccural and en3Ine~rin~ services required lor performance olthe ....orle oi lh~ Contractor and the Conlractor's subC:Jncractors. anc all other icems lor which a me-.:~anIC'S lie~ may :e asserced in the jurisdiction where che laoor. m.lCe!IJI~ or equipmenc were lurnished. 15.2 ConSlruction Contract: The agreemenl be!,veer: che Owner and the Contractor idenlliied on che slg. nature page. including all Concract DocumenlS ,lnc changes chereCO. 15.J Owner Default: Failure olthe Owner. which has neither been remedied nor waived. to pol':' the C:ln. cractor as required by the Construction Concracc or :0 perform and complece or comply wich lhe olher terms thereof. ~ 1 (Space is provided below lor additional signatures of added parties, ocher than those appearing on che cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) I, I Signature: Name and Tille: Address: SUR ETY Company: (Corporale Seal) Signature: Name and Title: Address: I A31"2. t9~ 5 A/'" OOCUMEMr A..31= . i'!~FOIt...........C: 30....0 "....0 i'''y....E....r 3CNO . ~EC:...\BE.~ 1?&-4 ~D. . AlA ~ ;HE.,...EillO.... !."'SOIru;: OF "ilCH/rEGS. Ins .'(EW yOil:< AvE..'" 'N. ....,"SHINCro..... D.C. :~ Ofl~O ;J~I......r:.""4C . o..tA.,r4 11~; I I I I I I I I I I I I I I I I I I I Appendix D OGDEN WATER TREATMENT SUPPORT SERVICE INC. POLICY ON SUBSTANCE ABUSE NOTICE TO EMPLOYEES Ogden Water Treatment Support Services Inc., is concerned about the health and safety of its employees and customers. An employee under the influence of illegal drugs or alcohol poses serious risks not only to themselves but also to fellow employees. The possession, use or sale of an illegal drug or alcohol in the workplace is dangerous to our employees and contrary to our business interest. In keeping with the spirit and intent of the Federal Drug- Free Workplace Act of 1988, the Company has established the following substance abuse policy and will administer it with fairness and respect to each employee. , The provisions of this policy apply to all current and prospective Ogden Water Treatment Support Services Inc. employees, subject to applicable federal, state and local laws. I. The Company prohibits the use, sale, possession, distribution, transfer, dispensation or manufacture of illegal drugs on Company or customer premises and/or working under their influence. The Company also prohibits the consumption of alcohol on Company or customer premises and/or working under its influence. Because the use of illegal drugs is against the law and can impair an employee's ability to perform hislher job or affect the Company's reputation or that of its customers, employees are expected to refrain from the sale, use, possession, distribution, transfer, dispensation or manufacture of illegal drugs during non-working hours. All employees are required to report to their jobs in appropriate mental and physical condition, ready to work. Employees who may be impaired because of taking medication prescribed by a physician are required to notify their supervisor before commencing work that day. 2. Violation of this substance abuse policy will subject an employee to disciplinary action, which may include discharge, at the sole discretion of the Company. 3. The Company has implemented a drug testing program to detect the presence of certain controlled substances, including, but not limited to: I. Amphet~ines 2. Barbiturates 3. Opiates 4. Marijuana 5. Cocaine 9Ji 1 l l 1 l l I I I I I I I I I I I I I OGDEN WATER TREATl\.fENT SUPPORT SERVICES INC. DRUG SCREENING AUTHORIZATION CURRENTE~LOYEEFORM PLEASE READ CARE FULL Y I, ' a current employee of Ogden Water Treatment Support Services Inc. (hereinafter referred to as "the Company"), understand that as a condition of continued employment, I must voluntarily agree to abide by the Company's policy on substance abuse, a copy of which has been provided to me. I understand that the policy on substance abuse provides for urine screening tests under certain circumstances and I understand that positive test for drugs will render me ineJ.igible for continued employment. I certify that I have read this form, or it has been read to me, that I fully understand its contents and that I am voluntarily consenting to provide a urine sample for the above mentioned drug test. I acknowledge that I may withdraw this consent at any time but I acknowledge that withdrawing the consent will render me ineligible for continued employment. I certify that I have read the Company's policy on substance abuse, or it has been read to me, and that I fully understand the policy and the rights of the Company concerning its enforcement. In consideration of my continued employment with the Company and my personal desire for a safe work environment, I hereby voluntarily give my consent to the Company to collect urine specimens from me testing for controlled substances, in accordance with the terms and conditions in the Company's policy on substance abuse. I hereby release Ogden Water Treatment Support Services Inc. and the medical examiner(s) from a111egal responsibility and liability arising out of the screening tests or the information obtained through the screening tests. Further, I give my consent for the release of the test results to the appropriate Company official for whatever use the Company deems appropriate. This agreement will remain in effect for the duration of my employment with Ogden Water Treatment Support Services Inc. Dated this day of .20 Employee's Signature Witness --------------------------------------------------------- I hereby refuse to take a drug screen test. Dated this day of ,20 Employee's Signature Witness I I I I .. . I I I I I I I I I I I I I I OGDEN WATER TREATMENT SUPPORT SERVICES INC. DRUG SCREENING AUTHORIZATION PRE-EMPLOYMENT FORlVI I, understand that as a condition of employment with Ogden Water Treatment Support Services Inc. (hereinafter referred to as "the Company"), I must voluntarily consent to and satisfactorily complete the Company's pre-employment drug test to determine the presence of certain illegal substances in the body. As a candidate for employment, I understand that the presence of one or more of certain substances will disqualify me from further consideration of employment. I certify that I have read this form, or it has been read to me, that I fully understand its contents and that I am voluntarily consenting to provide a urine sample for the above mentioned drug .F,est. I acknowledge that I may withdraw this consent at any time, but acknowledge that in withdrawing the consent, I am voluntarily withdrawing my application for employment and that I will not be employed by the Company. I certify that I have received and read a copy of the Company's policy on substance abuse, or it has been read to me, that I fully understand its contents and agree to abide by the terms and conditions of that policy if! am hired. - I further acknowledge that if I am hired, I agree that this authorization will remain in effect for the duration of my employment with the Company, and that I am again required to submit to a drug test as set forth by the Company's policy on substance abuse. I understand that refusal to take the drug test, or a positive drug test result, will render me ineligible for continued employment. I agree to release the information obtained through any drug tests by medical examiners to the appropriate Company official. I authorize the Company to conduct, through its designated medical examiner(s), drug screening tests as outlined in the Company policy, and I hereby release Ogden Water Treatment Support Services Inc. and the medical examiner(s) from all legal responsibility and liability arising out of the screening tests or the information obtained through the screening tests. Dated this day of .20 Witness Applicant's Signature --------------------------------------------------------- I hereby refuse to take a drug screen test. Dated this day of ,20 Applicant's Signature Witness l l l APPENDIX E EXISTING W ASTEW ATER COLLECTION SYSTEMS [ [ [ l r [ r [ ( I I I' I' Ogden shall evaluate the condition of all sewer systems tributary to the collection/transmission system designed and built under this contract. Sewer systems, in all cases, exclude the plumbing and fixtures located within and under buildings. Sewers, manholes, cleanouts, pump station wet wells, and force mains determined to be structurally failing or admitting excessive infiltration/inflow shall be rehabilitated by Ogden at no additional cost to FUA provided either of the following conditions exists: FKAA has accepted from the tributary sewer system owner the responsibility to operate and maintain the facilities prior to final completion of all Project Facilities; or there is a mutual agreement between Ogden, the owner(s) of such facilities, and FKAA that such rehabilitation is to be provided absent FKAA responsibility. Sewer system rehabilitation shall be performed on a cost-effective basis. FKAA shall establish an enforceable sewer use policy that identifies criteria to be considered in the determination of the need for sewer system rehabilitation. All sewer systems for which FKAA has responsibility to operate and maintain shall be covered by the Operations Contract at no increase in cost to FKAA. The sewer systems for which FUA has responsibility to operate and maintain shall be identified in the Contract Documents. The Silver Shores community has been evaluated by Ogden and found to be in need of rehabilitation as of the effective date of this agreement. ~ J /\J>PENDlX El OF THE SEWER SYSTEMS FOR WHICH FKAA ,!:\S RESPONSIBILITY TO OPERATE AND MAINTAIN KEY LARGO W ASTEW A TER DISTRICT PACKAGE PLANTS PERMITIED BY J Fl ORIDA DEPARTMENT OF ENVIRONMENTAL PROTECfION PROPERTY ADDRESS AMERICA OUTDOORS CAMPGROUND USN 1 S. BOUND ROCK HARBOR, KEY LARGO J ANCHOR CONDOMINIUMS SOUTH OF ELKS CLUB U.S. #1 MM#92.5 TAVERNIER ANTHONY'S RESTAURANT L6-13 BI 976300/S HWY MANDALA Y KEY LARGO BEST WESTERN SUITES 201 OCEAN DRIVE TR/L PORT LARGO KEY LARGO BLUE WATERS TRAILER VILLAGE BURTON DRIVE TAVERNIER BUTTONWOOD BAY CONDOMINIUMS 96000 O/S HWY KEY LARGO CAFE LARGO 995300/S HWY TR 13 & 14 SUNSET COVE KEY LARGO CALUSA COVE CAMPGROUND CALUSA CMPGRND COR. HARBOR & CANAL D SO. OF K.L.T.V. KEY LARGO COASTAL TRAILER PARK 1016200/S HWY LOT II TARPON ACRES KEY LARGO CORAL SANDS RESORT 95350 O/S HWY WEST S IDE US 1 TAVERNIER DRIFTWOOD TRAILER PARK US 1 OCEANSIDE CONC POLE 498 TAVERNIER FL FISH HOUSE RESTAURANT L4 B2, MMI03 BAHIA MAR EST. K.L. FLA. FLORIDA BA Y CLUB TRACT B S2, MM 103 1/2 CROSS KEY WTRWYS KEY LARGO FLORIDA KEYS RV PARK 106003 O/S HWY LS,12.13 KEY LARGO HARBOR 92 CONDOMINIUMS 200 HARBORVIEW DR LOT 6 BK 6 TAVERNIER HARBOR TAVERNIER HARBORAGE CONDOMINIUMS O/S HWY, MM 98 ROCK HARBOR, KEY LARGO HOBOS MARINA 104200 O/S HWY L5 BA YWooD KEY LARGO HOLlDA Y BY THE SEA CONDOMINIUMS O/S HWY, MM 100 KEY LARGO, FL. i- HOLlDA Y INN 99701 O/S HWY PRTTR/E PORT LARGO KEY LARGO HOWARD JOHNSON LOT 11& 12 LEE SHORES SID KEY LARGO, FLA. ITALIAN FISHERMAN 103900 O/S HWY KEY LARGO L JOHN PENNECAMP CORAL REEF STATE PARK 1026 GIBRALTAR RD LI2 B2 JOHN PENNEKAMP KEY LARGO KAWAMA YACHT CLUB OCEAN BAY DR MM 100 KEY LARGO KELL Y'S MOTEL BLACKW A TER HARBOR BA YWooD SID KEY LARGO L KEY LARGO BEACH RESORT (MARRIOTT) 1038000/S HWY PART 9 SEC II TWIN HARBORS, KEY LARGO KEY LARGO ELEMENTARY SCHOOL O/S HWY, MM 105 KEY LARGO KEY LARGO HARBOR MARINA MARINA & SERVICE YARD MM 100 PORT LARGO KEY LARGO KEY LARGO KAMPGROUND AND RESORT S END OF JANET PL L12 BI4 LARGO GARDENS KEY LARGO L KEY LARGO OCEAN RESORT 94825 O/S HWY EAST SIDE RD. K.L. OCEAN RESORTS KEY LARGO KEY LARGO YACHT CLUB OCEAN BAY DR KL YACHT CLUB CONDO AS HIDDEN BAY PHASE ONE PT OF GOVT LOT KOBLlCK MARINA SHORELAND DR L8 B2 ANGLERS PARK SHORES K L FL LAKE SURPRISE II CONDOMINIUMS O/S HWY, MM 106 KEY LARGO L LANDINGS OF LARGO CONDOMINIUMS O/S HWY, MM 98 ROCK HARBOR, KEY LARGO LARGO PARK 101600 O/S HWY prrRl1 TARPON ACRES KEY LARGO MARINA DEL MAR CARIBBEAN AVE., KEY LARGO, FL PORT LARGO, KEY LARGO MARINERS CLUB CONDOMINIUMS TRACT 5 OF MANDALA Y NORTH KEY LARGO, FLA. l MARINERS HOSPITAL L5,6,37&39 B8, US#I, FOUNTAIN PLAZA KEY LARGO PARK, KEY LARGO MARR BA YSIDE RESORT MM #99 O/S HWY SUNSET COVE, KEY LARGO MOON BAY CONDOMINIUMS 104350 O/S HWY TRACT 4 HI-LAND SHOR KEY LARGO FL NEWPORT VILLAGE # I HARRY DAVIS CR BURLINGTON PARK KEY LARGO L OCEAN DIVERS 522 CARIBBEAN DR. LOT 522 PORT LARGO SID KEY LARGO OCEAN POINTE CONDOMINIUMS 500 BURTON DR TR-A LOUNGE PLANTERS POINT TAVERNIER PARADISE POINT 99 SEASIDE A VE PARADISE TR.CT. SEASIDE KEY LARGO PARADISE PUB MMI02,5 LI7 B6 KEY LARGO l PILOT HOUSE RESTAURANT 13 SEAGATE BLVD L5 B5 KEY LARGO BCH KEY LARGO PINK PLAZA SHOPPING CENTER 1034000/S HWY CHURCHILL DOWNS KEY LARGO PIZZA HUT 99020 OVERSEAS HWY B,E,F,TRACT CAPE SID KEY LARGO, FLA. PORT LARGO VILLAS LOT 527 CARIBBEAN DR. POOL PORT LARGO K L FL l QUA Y RESTAURANT TRACT 9 & 10, LEE SHORES KEY LARGO FL RAMADA INN 9975 I O/S HWY TR E PORT LARGO KEY LARGO ROCK HARBOR CLUB US I BAY SIDE MCDONALD,S SID KEY LARGO, FLA. I SANCTUARY CONDOMINIUMS USI PALM DR KEY LARGO SENOR FRIJOLES RESTAURANT 103900 B O/S HWY LOT 15 BA YWOOD SID KEY LARGO SILVER SHORES MM96 US I OVERSEAS HWY SILVER SHORES KEY LARGO SUNSET ACRES MM93, O/S HWY TAVERNIER I SUNSET HAMMOCK CONDOMINIUMS 942200/S HWY SUNSET HAMMOCK CONDOS BA YSIDE HWY.R. OF DRIVE NO,464 TAMARIND BAY CONDOMINIUMS MM 104.5 KEY LARGO TAVERNIER TOWNE SHOPPING CENTER 912000/S HWY KEY LARGO TRADEWINDS SHOPPING CENTER MMIOI.S, US#I KEY LARGO r WAFFLE HOUSE 1002700/S HWY L 15,16,28,29 BK 8 KEY LARGO WALDORF PLAZA 9960 I O/S HWY PORT LARGO, KEY LARGO WESTIN LARGO RESORT 97000 O/S HWY L6&7 RANGE 38E KEY LARGO WINN-DIXIE BLACKWATER LANE L21&22 SI MM105.3 PARADISE PT KEY LARGO FL I ,.-.-, CN r I r r I r r r r r r r r r l [ l l l I ,> APPENDIX F: Approved Schedule of Values ~~ I I I I I I I I I I I I I I r r ~, APPENDIX G FKAA Approved Conceptual Plans, Drawings, and Specifications qf/ L L L l l l l I I I I I I I I I I I I APPENDIX H LIMITED NOTICE TO PROCEED Florida Keys Aqueduct Authority Contract No.: Design/Build of Wastewater Treatment System Date: Servicing Key Largo, Florida 4004-00 Ogden Water Systems Key Largo, Inc. Design/Builder Date of Notice: ,2000 , .. Dear Ogden Water Systems Key Largo, Inc.: In accordance with the terms of the Contract Documents for the performance of the Work for in the referenced project, you are hereby authorized to commence with the design, scheduling, submittal, and other portions of the Work other than actual construction as of the date of this notice. OGDEN shall have sixty (60) calendar days from the date of this notice in which to complete the documents and other information set forth in Article 9 of the Contract Documents. Florida Keys Aqueduct Authority r ' ~~ r r r r r r r [ r I r r r r I" I I' I I APPENDIX I NOTICE TO PROCEED Florida Keys Aqueduct Authority Contract No.: Design/Build of Wastewater Treatment System Date: Servicing Key Largo, Florida 4004-00 Ogden Water Systems Key Largo, Inc. Design/Builder Date of Notice: ,2000 .. , Calendar Days: 913 Days for Phase I; 1095 Days for Phase II Dear Ogden Water Systems Key Largo, Inc.: In accordance with the terms of the Contract Documents for the performance of the Work included in the referenced project, you are hereby authorized to begin Work on or before the Effective Date of Notice provided above, which shall constitute the date of the Commencement of the Contract Time. The Substantial Completion dates for construction work and the commencement of operations under the Operations & Maintenance Agreement are as specified above. Liquidated damages shall be deducted from the Contract Price for failure to attain substantial completion of each Phase on the date indicated, including any extensions thereof, in accordance with the Contract Documents. Florida Keys Aqueduct Authority \{j\1 I I STA n OF ~LOAIOA FLORIDA KEYS AQUEDUCT AUTHORITY P.O. BOX 1239 IC'EV WEST. FLORIDA 33041 PHONE (305) 296-2454 FAX (306) 292-3753 I I PURCHASEJJ.B./,'lf;;.H IMpOR'fANT . IWfer to ~ 0Idw....... _.. <tM . !\:~~ dix .: ... ~::::.~':::::;:.~:s~i:;~~~:;~-::.,~~v.~~;;;::':':::;,:;:..~~.~~~~.~~~fi'::..::~~.. '.~. '..~.:;~';~~~.;,:'~~~;11~1!O:~~~.;:;i.:.~;'::~":'~'~.:'.:::.:::-.:::.'.::; l I. Pt..EASE fN"I'S AN ORO~ FOR ~E FOlLOWING AND )W'IlSE PROMPTLY IF UlIIABLE TO SJ-UP AS $PECRS) I "TE OF OROER DB....IVERY OATE REQUTJ{ED SHIP VIA I FoO.S. TAX EXeMPT . I FloricU Salc$ ..-ld Uw T~ .' . Ces1iflC.tc No. S4-Q3.022173-S% C L ~1ll!!i~~Eiili~~~~Jl!'j5'l~"i:~~~~~~~ I. , L I , L L I I I I L "- - I I NOTICE TO SUPPUER IF yOUR BIllING PRICS EXCEEDS TrlE I'fnCE S1'ATED HEN:ON. OBTAIN APPROVAL ea:ORE Sli~NG. OIReCT QUiSTIONS TO n-te f'URCHASlNG oe~. (30S) 2:96-2454 ExL 234- RECflV1NG ct.ERIC: COMPt..EIE PtCK-UP OEUVERY DATe AlTTliofUZED SIGNA TlJAE ~ L L L L l L l l 1 1 I I I I I r r ... APPENDIX K: Schedule of Materials and Machinery for FKAA Purchase Cfi1 l_ L L L L L L L l L [ L I. l I I I I I APPENDIX L CHANGE ORDER AGREEMENT Florida Keys Aqueduct Authority Contract No.: Design/Build of Wastewater Treatment System Change Order No. : Servicing Key Largo, Florida 4004-00 Ogden Water Systems Key Largo, Inc. Design/Builder The following changes to the Contract are hereby made part of the CqJltract documents. I. ORIGINAL CONTRACT PRICE Price of all previous Change Orders PRICE of this Change Order The Current Contract Price including this Change Order $ $ $ $ II. ORIGINAL CONTRACT COMPLETION DATE Original Contract Time Total of all previous Contract Time Adjustments Contract Time Adjustment this Change Order Revised Contract Time Revised Completion Date III. WORK CHANGED BY TillS CHANGE ORDER All requirements of the original Contract Documents shall remain in full force and effect except as modified herein. Work affected by this Change Order is subject to all provisions of the original Contract Documents not specifically changed by this Change Order. FKAA and OGDEN agree that the contract time adjustment and the sum agreed to in this Change Order constitutes a full and complete settlement of the issues set forth in this Change Order. OGDEN accepts the terms of this Change Order as full compensation for all costs of equipment, manpower, materials, overhead, profit, and delay damages, and for all its costs, whether direct or indirect, or whether incurred now or in the future, related to the issues set froth in this Change Order. ACCEPTED BY DESIGNIBUILDER: APPROVED BY FKAA: Title: Date: Title: Date: Cf#. . l L l l l L 1 I I I I I I I I I I I APPENDIX M UNILATERAL CHANGE ORDER Florida Keys Aqueduct Authority Contract No.: Design/Build of Wastewater Treatment System Change Order No.: Servicing Key Largo, Florida 4004-00 Ogden Water Systems Key Largo, Inc. Design/Builder II. ORIGINAL CONTRACT COMPLETION DATE Original Contract Time Total of all previous Contract Time Adjustments Contract Time Adjustment this Change Order Revised Contract Time Revised Completion Date I. The following changes to the Contract are hereby made part of the Cq,ntract documents. ORIGINAL CONTRACT PRICE Price of all previous Change Orders PRICE of this Change Order The Current Contract Price including this Change Order $ $ $ $ III. WORK CHANGED BY TillS CHANGE ORDER All requirements of the original Contract Documents shall remain in full force and effect except as modified herein. Work affected by this Change Order is subject to all provisions of the original Contract Documents not specifically changed by this Change Order. By acceptance of this change order OGDEN does not waive any rights it may have under the Contract Documents. APPROVED BY FKAA: Title: Date: Nrt '--J.l' } r- r r r r r r r r r r r f I I I I C I I Appendix N Ogden Water Systems of Key Largo, Inc. Interim Operations and Maintenance Invoice Key Largo Central Wastewater System Florida Keys Aqueduct Authority 1100 Kennedy Drive Key West, Florida 33040 Invoice No. Date Ref: Contract 4004-00 Terms: net sixty (60) days FKAA Per OWSKL adiustments Equivalent dwellinq units accepted for service at beginning of month Equivalent dwelling units connected bv Oqden this month Total equivalent dwellinq units in service at end of month Operations and Maintenance charge per equivalent dwelling unit Total amount requested for current month $ $ Information certified by OWSKL: Approved for payment by FKAA: Construction Manager Assistant Director of Environmental Services Date Assistant Director of Administration Executive Director/Deputy Executive Director ~. [ r r (' I I I I- I I I' I I' I I I f r Ogden Water Systems Key Largo, Inc. EOUS connected in the month of Key Largo Central Wastewater System FKAA water Accepted by Reason if No. account # Customer name Connection address/description FKAA (Y/N) rejected EDUs 1 2 3 4 5 6 7 .. 8 9 10 11 12 13 - 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Total accepted connections Total accepted EDUs FKAA Construction Manager FKAA Asst. Director of Administration Date Date ( I r I I I I I I I I I I I I I I I I APPENDIX 0 CERTIFICA TE OF SUBSTANTIAL COlVIPLETION Phase I Florida Keys Aqueduct Authority Contract No.: Design/Build of Wastewater Treatment System Date: Servicing Key Largo, Florida 4004-00 Ogden Water Systems Key Largo, Inc. Design/Builder TO: Ogden Water Systems Key Largo, Inc. , " Project Manager The Work performed under this Contract on Phase I, as identified below, has been reviewed and found to be substantially completed and all documents required to be submitted by OGDEN for substantial completion have been received and accepted. The Date of Substantial Completion for Phase I is hereby established as Substantial completions means the date when all conditions and requirements of permits and regulatory agencies have been satisfied by OGDEN and the Work is sufficiently complete in accordance with the Contract Documents so that the Project (or defined portion of the Project) is available for full-time use by FKAA for the purposes for which it was intended. Substantial completion shall not be deemed to have occurred until FKAA or its Project Representative has made an inspection of the construction to determine the status of completion and a written certificate of substantial completion has been issued by FKAA. Substantial completion of an operating facility shall be that degree of completion that has provided a minimum of seven (7) continuous days of successful, trouble-free operation, which period shall begin after all performance and acceptance testing has been successfully demonstrated to FKAA, and all permits required to operate the Key Largo wastewater treatment system have been obtained by OGDEN, including the exploratory injection well permit, but not the operating injection well permit All machinery contained in the Work, plus all other components necessary to enable operation of the Facilities in the manner that was intended, shall be complete on the substantial completion date. ~tf r ( [' [ ( [ [ I I [ f' r (" I- I- I r I A list of items to be completed or corrected prior to Final Completion, which may be amended or supplemented, is attached hereto. The failure to include any items on such list does not alter the responsibility of OGDEN to complete all Work in accordance with the Contract Documents. PREPARED and APPROVED BY FKAA: By: Date , , Director of Environmental Services ACCEPTED BY OGDEN: By: Date Title: I I I I I I I I I I I I I I I I I I I APPENDIX P CERTIFICATE OF SUBSTANTIAL COMPLETION Florida Keys Aqueduct Authority Contract No.: Design/Build of Wastewater Treatment System Date: Servicing Key Largo, Florida 4004-00 Ogden Water Systems Key Largo, Inc. Design/Builder TO: Ogden Water Systems Key Largo, Inc. ..' Project Manager The Work performed under this Contract on Phases I and II has been reviewed and found to be substantially completed and all documents required to be submitted by OGDEN for substantial completion have been received and accepted. The Date of Substantial Completion for the Project is hereby established, which is also the date of commencement of any and all applicable warranties required by the Contract Documents. Substantial completions means the date when all conditions and requirements of permits and regulatory agencies have been satisfied by OGDEN and the Work is sufficiently complete in accordance with the Contract Documents so that the Project is available for full-time use by FKAA for the purposes for which it was intended. Substantial completion shall not be deemed to have occurred until FKAA or its Project Representative has made an inspection of the construction to determine the status of completion and a written certificate of substantial completion has been issued by FKAA. Substantial completion of all operating facilities shall be that degree of completion that has provided a minimum of seven (7) continuous days of successful, trouble-free operation, which period shall begin after all performance and acceptance testing has been successfully demonstrated to FKAA, and all permits required to operate the Key Largo wastewater treatment system have been obtained by OGDEN, including the exploratory injection well permit, but not the operating injection well permit All machinery contained in the Work, plus all other components necessary to enable operation of the Facilities in the manner that was intended, shall be complete on the substantial completion date. A list of items to be completed or corrected prior to Final Completion, which may be amended or supplemented, is attached hereto. The failure to include any items on such list does not alter the responsibility of OGDEN to complete all Work in accordance with the Contract Documents. The date for Final Completion of the Work shall be sixty (60) calendar days from the date of this certificate. ~ c~ry I I 1-' I I I I I I I I I I I I I I I I PREPARED and APPROVED BY FKAA: By: Director of Environmental Services ACCEPTED BY OGDEN: By: Title: Date Date , . , L L L L L L L L L L L 1 1 l l I I I I APPENDIX Q CERTIFICATE OF FINAL ACCEPTANCE Florida Keys Aqueduct Authority Contract No.: Design/Build of Wastewater Treatment System Date: Servicing Key Largo, Florida 4004-00 Ogden Water Systems Key Largo, Inc. Design/Builder TO: Ogden Water Systems Key Largo, Inc. I, Project Manager A joint inspection of the Project as described in the Contract Documents has been made by FKAA and OGDEN on (date), and the Project is hereby accepted by FKAA, subject to the provisions of the Contract Documents for the warranty period. PREPARED and APPROVED BY FKAA: By: Date Director of Environmental Services ACCEPTED BY OGDEN: By: Date Title: ~ l L L L l l l I 1 I I I I I I I I I I APPENDIX R OGDEN'S AFFIDAVIT AND PARTIAL RELEASE OF LIEN Contract No.: Design/Build of Wastewater Treatment System Date: Servicing Key Largo, Florida 4004-00 Ogden Water Systems Key Largo, Inc. Des ign/Builder BEFORE ME, the undersigned authority, personally appeared who after being by me fIrst duly sworn, deposes and says that: , .' 1. He or She is of Ogden Water Services Key Largo, Inc., the latter doing business in the State of Florida, (hereinafter called "OGDEN"). 2. OGDEN, pursuant to the Contract dated ' with Florida Keys Aqueduct Authority, (hereinafter referred to as "FKAA"), has heretofore furnished or caused to be furnished labor, material and services for the design and construction of certain improvements as more particularly set forth in the Contract. 3. OGDEN represents that payment, less applicable retention, have been made through the periods covered by previous payments received from FKAA, to (1) all subcontractors, and (2) for all materials and labor used in or in connection with the performance of the Work. 4. OGDEN hereby releases FKAA from any claim, demand, lien, or obligation under the Contract for the labor, services, Work, and/or materials covered by the preceding application for payment. 5. OGDEN represents further that it has complied with Federal, State, and local tax and wage laws, including Social Security laws and Unemployment Compensation laws, and Workmen's Compensation laws insofar as applicable to the performance of this Contract. 6. This Affidavit and Partial Release of Lien is made by OGDEN with full knowledge of the applicable laws of the State of Florida. In addition to such rights as may be afforded to OGDEN under said Applicable Laws, OGDEN expressly agrees to indemnify and save FKAA harmless from any and all actual costs and expenses, including reasonable attorney's fees, arising out of claims by laborers, sub-contractors or materialmen who might claim that they have not been paid for services or material furnished by or through OGDEN in connection with the Work up to, and including, the preceding application for payment. lof2 ~0 [ [ [ l l l l I I I I I I I I I I I I (Corporate Seal) BY: . Title: SWORN TO and subscribed before me this day of ,20_. (Notary Seal) By: Notary Public My Commission Expires: \' 20f2 [ I (" I I [ I I I I I' I I I I. I I I I APPENDIX S OGDEN'S FINAL AFFIDAVIT AND RELEASE OF LIEN Contract No.: Design/Build of Wastewater Treatment System Date: Servicing Key Largo, Florida 4004-00 Ogden Water Systems Key Largo, Inc. Design/Builder BEFORE ME, the undersigned authority, personally appeared who after being by me first duly sworn, deposes and says that: 1. He or She is of Ogden Water Services Key Largo, Inc., the latter doing business in the State of Florida, (hereinafter called "OGDEN"). 2. OGDEN, pursuant to the Contract dated , with Florida Keys Aqueduct Authority, (hereinafter referred to as "FKAA"), has heretofore furnished or caused to be furnished labor, material and services for the design and construction of certain improvements as more particularly set forth in the Contract. 3. OGDEN represents that all work to be performed under the Contract has been fully completed and that all persons and firms who furnished material, labor and/or services incident to the completion of said work have been paid in full. 4. OGDEN, for and in consideration of final payment in the amount of $ , and,all other previous payments made by FKAA to OGDEN, does hereby waive, release, remise and relinquish OGDEN's right, if any, to claim, demand or impose a lien or liens for work done: or material and/or services furnished or any other class of liens whatsoever, on any of the premises owned by FKAA on which improvements have been completed in connection with the Contract. 5. The acceptance by OGDEN of the final payment shall constitute a waiver of all claims by OGDEN not previously excepted and reserved and shall release FKAA from all other claims and all liability to OGDEN for all things done or furnished in connection with the Work and for every act of FKAA and others relating to or arising out of the Work. No payment, however, final or otherwise, shall operate to release OGDEN or its Sureties from obligations under this Contract, the Performance and Payment Bond(s), and other bonds and warranties as provided in the Contract. 6. OGDEN herein makes this Affidavit and Final Release of Lien for the express purpose of inducing FKAA to make final disbursement and payment to OGDEN in the amount of$ 10f2 Ci1 [ [ [ [ I I I I I I I I" r' I I I I I I 7. This Affidavit and Final Release of Lien is made by OGDEN with full knowledge of the applicable laws of the State of Florida. In addition to such rights as may be afforded to OGDEN under said applicable laws, OGDEN expressly agrees to indemnify and save FKAA harmless from any and all actual costs and expenses, including reasonable attorney's fees, arising out of claims by laborers, sub-contractors or materialmen who might claim that they have not been paid for services or material furnished by or through OGDEN in connection with the work performed under the Contract. 8. To the best of OGDEN's knowledge and belief, the following is a list of all material men or laborers who have filed a Notice to Owner with FKAA: NAME ADDRESS AMOUNT DUE (Ifknown) 1. 2. 3. 4. (Attach a separate sheet if necessary) OGDEN herein does hereby represent that he has authority to execute a full and final release of lien for and in behalf of OGDEN as set forth above. (Corporate Seal) BY: Title: SWORN TO and subscribed before me this _ day of , 2000. (Notary Seal) By: Notary Public My Commission Expires: 20f2 ( ( I I I I I I I I I I I I I I I I I APPENDIX T SUBCONTRACTOR'S FINAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT Florida Keys Aqueduct Authority Contract No.: DesignlBuild of Wastewater Treatment System Date: Servicing Key Largo, Florida 4004-00 Ogden Water Systems Key Largo, Inc. Design/Builder . The undersigned lienor, in consideration of the final payment in the amount of $ , hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Ogden Water Services of Key Largo, Inc. on the Project for Florida Keys Aqueduct Authority ("FKAA "). Dated On ,20_. Lienor's Name Address By: (Signature) Printed Name SWORN TO and subscribed before me this _ day of ,2000. (Notary Seal) Notary Public My Commission Expires: q)\rt r r [" [ [ [ [ I I I r r r I I I, . 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I' I' I I I I I I I I Formally Advertised Construction Procurement FDEP-l Revision 4 September 1999 crJi r r r r r r [" r r r 'It r' I' I' I I I I TABLE OF CONTENTS FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION " SUPPLEMENTARY CONDITIONS Article Number, Article Title Page DEFINITIONS FDEP-4 2 PRIVITY OF AGREEMENT/CONTRACT FDEP-6 3 PROCUREMENT REQUIREMENTS FDEP-6 4 RESOLUTION OF PROTESTS AND CLAIMSIDISPUTES , FDEP-7 . 5 CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS FDEP-7 6 ADVERTISEMENT FOR BIDS; SUBMISSION OF BIDS; OPENING OF BIDS FDEP-7 7 BONDS AND INSURANCE FDEP-8 8 AWARD OF AGREEMENT/CONTRACT FDEP-9 9 CONTRACT TIME AND NOTICE TO PROCEED FDEP-9 10 ITEMIZED CONSTRUCTION COST BREAKDOWN; CONSTRUCTION AND PAYMENT SCHEDULES FDEP-9 II AVAILABILITY OF LANDS FDEP-I0 12 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONSTRUCTION PERMIT(S) FDEP-I0 13 ENGINEER FDEP-I0 14 APPLICATIONS FOR PAYMENT FDEP-I0 15 ACCESS TO RECORDS FDEP-I0 16 ACCESS TO WORK SITE(S) FDEP-IO *17 MINORITY AND WOMEN'S BUSINESS ENTERPRISES FDEp.l1 *18 VIOLATING FACILITIES (SECTION 306 OF THE CLEAN AIR ACT, SECTION 508 OF THE CLEAN WATER ACT, AND EXECUTIVE ORDER 11738) FDEP-ll *19 DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) FDEP-13 FDEP-2 Revision 4 September 1999 r .', r' , r r r I r r- . , 20 EQUAL EMPLOYMENT OPPORTUNITY (EXECUTNE ORDER 11246) Appendix Appendix Title Letter *A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) C GOALS AND TIMETABLES FOR MINORITIES AND FEMALES B D EQUAL OPPORTUNITY CLAUSE E NOTICE TO BE POSTED . F STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SP,ECIFICA TIONS (EXECUTIVE ORDER 11246) CERTIFICATION OF COMPLIANCE WITH 41 CFR 60-1.7: REPORTS AND OTHER REQUIRED INFORMATION CERTIFICATION OF NONSEGGREGA TED FACILITIES r I. I' I I I I I I I G H FDEP-13 Page FDEP-16 .' . FDEP-18 FDEP-20 FDEP-23 FDEP-25 FDEP-26 FDEP-31 FDEP-33 *NOTE: Articles 17, 18, 19 and Appendix A apply only to projects of $7,500,000 or greater. FDEP-3 Revision 4 September 1999 ". I r r r- I" r I r r [ r ,. ''I r' I I I I I I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS The intent of the Florida Department of Environmental Protection (FDEP) Supplementary Conditions is to complement and supplement other provisions of the Bidding Documents. However, if there is any conflict between the FDEP Supplementary Conditions and other provisions of the Bidding Documents, the FDEP Supplementary Conditions shall take precedence over the other provisions except when the other provisions are similar to, but more stringent than, the FDEP Supplementary Conditions. When other provisions of the Bidding Documents are similar to, but more stringent than, the FDEP Supplementary Conditions, the more stringent provisions shall apply. ARTICLE 1 - DEFINITIONS ,: 1. I. Wherever used in these Supplementary Conditions (except in the appendices to these Supplementary Conditions), the following terms have the meanings indicated, which are applicable to both the singular and plural thereof. 1.1.1. Addendum - A written or graphic instrument that is issued prior to the opening of bids and that clarifies, corrects, or changes the Bidding Documents. 1.1.2. Agreement or Contract - The written agreement between the Owner and the Contractor covering the Work to be performed and furnished; these Supplementary Conditions and other Contract Documents are attached to the Agreement/Contract and m,ade a part thereof as provided therein. 1.1.3. Application for Payment - The form that is accepted by the Engineer and used by the Contractor in requesting progress and/or final payments and that is to include such supporting documentation as is required by the Contract Documents. I.IA. Bid - The offer or proposal of a bidder submitted on the prescribed form and setting forth the price(s) for the Work to be performed and furnished. 1.1.5. Bidder - Any person, fIrm, or corporation that submits a bid directly to the Owner. 1.1.6. Bidding Documents - The Advertisement for Bids or the Invitation to Bid, the Instructions to Bidders or the Information for Bidders, the Bid Form, the proposed Contract Documents, and all addenda. 1.1.7. Bond - An instrument of security. 1.1.8. Change Order - A document that is recommended by the Engineer and signed by the Contractor and the Owner; that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time; and that is issued on or after the Effective Date of the Agreement/Contract. FDEP-4 Revision 4 September 1999 [. ; [ [ I I r I " 1.1.9. Contract Documents - The Agreement/Contract; the Contractor's Bid when attached as an exhibit to the Agreement/Contract; the Performance and Payment Bond(s); the General Conditions; the Supplementary Conditions (including these Supplementary Conditions); the Specifications (written technical descriptions of material, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto); the Drawings (drawings that show the character and scope of the Work to be performed and furnished); all addenda that pertain to the Contract Documents; and all change orders. 1. I. I O. Contract Price - The moneys payable by the Owner to the Contractor under the Contract Documents as stated in the Agreement/Contract. 1.I.I1. Contract Time - The number of days or the date stated in the Contr,act Documents for completion of the Work. I.I.12. Contractor - The person, firm, or corporation with whom or which the Owner enters into the Agreement/Contract. I I r I I' I I I I I I 1.1.13. Effective Date of the Agreement/Contract - The date indicated in the Agreement/Contract on which the Agreement/Contract becomes effective, or if no such date is indicated in the Agreement/Contract, the date on which the Agreement/Contract is signed and delivered by the last of the two parties to sign and deliver the Agreement/Contract. 1.1.14. Engineer - The person, firm, or corporation named as such in the Contract Documents. 1.1.15. Minority Business Enterprise (MBE) - A historically Black college or university or a business that is (a) certified as socially and economically disadvantaged by the Small Business Administration, (b) certified as an MBE by a state or Federal agency, or (c) an independent business concern which is at least 51-percent owned and controlled by minority group members. (A minority group member is an individual who is a citizen of the United States and one of the following: [i] Black American; [ii] Hispanic American [with origins from Puerto Rico, Mexico, Cuba, or South or Central America]; [iii] Native American [American Indian, Eskimo, Aleut, or native Hawaiian]; or [iv] Asian-Pacific American [with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan, or the Indian Subcontinent].) 1.1.16. Notice to Proceed - The written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform its obligations under the Contract Documents. 1.I.I7. Owner - The local government (municipality, county, district, or authority; or any agency thereof; or a combination of two or more of the foregoing acting jointly) with which the Florida Department of Environmental Protection may execute, or has executed, a State revolving fund loan agreement and for which the Work is to be provided. FDEP-5 Revision 4 September 1999 [ [ ( l l l I l l I l I ... I I I I I I I 1.1.18. Project - The total construction or facilities described in a State revolving fund loan agreement between the Florida Department of Environmental Protection and the Owner, of which the Work to be provided under the Contract Documents may be the whole or a part. I.I.19. Subcontract - A direct contract between a subcontractor and the Contractor, or any other subcontractor at any tier, for the furnishing of goods (material and equipment) or the performance of services (including construction) necessary to complete the Work. 1.1.20. Subcontractor - A person, firm, or corporation having a direct contract with the Contractor, or any other subcontractor at any tier, for the furnishing of goods (material and equipment) or the performance of services (including construction) necessary to complete the Work. ." 1.1.21. Successful Bidder - The lowest responsive, responsible bidder to whom or which the Owner intends to award the Agreement/Contract. I.I.22. Women's Business Enterprise (WBE) - A business that is (a) certified as a WBE by a state or Federal,agency or (b) an independent business concern which is at least 51-percent owned and controlled/operated by women. (Determination of whether a business is at least 51-percent owned by women shall be made without regard to community property laws [e.g., an otherwise qualified WBE that is 51-percent owned by a married woman in a community property state will not be disqualified because the married woman's husband has a 50-percent interest in the married woman's share of the business; similarly, a business that is 5 I-percent owned by a married man and 49-percent owned by women will not become a qualified WBE by virtue of the married man's wife having a 50-percent interest in the married man's share of the business].) 1.1.23 . Work - The entire completed construction or the various separately identifiable parts thereof required to be performed and furnished under the Contract Documents; Work is the result of performing services, furnishing labor, furnishing material and equipment, and incorporating material and equipment into the construction as required by the Contract Documents. ARTICLE 2 - PRIVITY OF AGREEMENT/CONTRACT 2.1. The Owner expects to finance this Agreement/Contract with assistance from the Florida Department of Environmental Protection, which administers a State revolving fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency. Neither the State of Florida nor the United States (nor any of their departments, agencies, or employees) will be a party to this Agreement/Contract or any lower-tier subcontract. ARTICLE 3 - PROCUREMENT REOUIREMENTS 3.1. This Agreement/Contract and the Owner's solicitation and award of this Agreement/Contract are subject to requirements contained in Chapter 62-503 (Revolving Loan Program), Florida Administrative Code. FDEP-6 Revision 4 September 1999 I I I I I I I I I . I I I I I I I I I Submission of Bids: 6.2. Bidders shall submit their bids at the place and.by the deadline indicated elsewhere in the Bidding Documents. Opening of Bids: 6.3. Bids are to be opened and read aloud publicly at the time and place indicated elsewhere in the Bidding Documents. ARTICLE 7 - BONDS AND INSURANCE Bid Guarantees: 7.1. Each bidder's bid is to be accompanied by a bid guarantee made payable to the Owner in an amount at least equal to five percent of the bidder's maximum bid price and in the form of a certified check or bid bond. Performance and Payment Bond(s): 7.2. The Contractor shall furnish a combined performance and payment bond in an amount at least equal to 100 percent of the Contract Price (or, if required elsewhere in the Contract Documents, the Contractor shall furnish separate performance and payment bonds, each in an amount at least equal to 100 percent of the Contract Price) as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. This(these) bond(s) are to be delivered to the Owner by the Contractor along with the executed Agreement/Contract. The Owner shall forward a copy ofthis(these) bond(s) to the Florida Department of Environmental Protection. Insurance: 7.3. The Owner and/or the Contractor (as required elsewhere in the Contract Documents) shall purchase and maintain, during the period of construction, such liability insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims that may arise out of, or result from, the Contractor's performance and furnishing of the Work (whether the Work is to be performed or furnished by the Contractor or any subcontractor at the Work site) and the Contractor's other obligations under the Contract Documents. This insurance is to include workers' compensation insurance, comprehensive general liability insurance, comprehensive automobile liability insurance, and contractual liability insurance applicable to the Contractor's indemnification obligations and is to be written for not less than the limits of liability and coverages determined by the Owner or required by law, whichever is greater. 7.4. The Owner and/or the Contractor (as required elsewhere in the Contract Documents) shall purchase and maintain, during the period of construction, property insurance upon the Work at the Work site in an amount equal to the full replacement cost of the Work or the full insurable value of the Work. This insurance is to include the interests of the Owner, the Contractor, and all subcontractors at the Work site (all of whom are to be listed as insureds or additional insured parties); is to insure against the perils offire FDEP-8 Revision 4 September 1999 I r r I- I I I 1-" 1- I 1-' I I- I I I I I I and extended coverage; and is to include "all-risk" insurance for physical loss or damage due to theft,vandalism and malicious mischief, collapse, water damage, and/or all other risks against which coverage is obtainable. 7.5. Before any Work at the Work site is started, the Contractor shall deliver to the Owner certificates of insurance that the Contractor is required to purchase and maintain in accordance with Paragraphs 7.3 and 7.4 of this Article and other provisions of the Contract Documents, and the Owner shall deliver to the Contractor certificates of insurance that the Owner is required to purchase and maintain in accordance with Paragraphs 7.3 and 7.4 of this Article and other provisions of the Contract Documents. ARTICLE 8 - A WARD OF AGREEMENT/CONTRACT 8.1. If this Agreement/Contract is awarded, it is to be awarded to the lowest r~sponsive, responsible bidder. A fixed-price (lump-sum or unit-price or both) agreement/contract is to be used. A clear explanation of the method of evaluating bids and the basis for awarding this Agreement/Contract are included elsewhere in the Bidding Documents. All bids may be rejected when in the best interest of the Owner. ARTICLE 9 - CONTRACT TIME AND NOTICE TO PROCEED Contract Time: 9.1. The number of days within which, or the date by which, the Work is to be completed and ready for final payment (the Contract Time) is set forth elsewhere in the Contract Doc~ents. Notice to Proceed: 9.2. The Owner shall give the Contractor a notice to proceed fixing the date on which the Contract Time will commence to run. The Owner shall forward a copy of this notice to proceed to the Florida Department of Environmental Protection. ARTICLE 10 - ITEMIZED CONSTRUCTION COST BREAKDOWN; CONSTRUCTION AND PA~TSCHEDULES 10.1. The Contractor shall submit to the Owner, within ten calendar days after the Effective Date of this Agreement/Contract, an itemized construction cost breakdown and construction and payment schedules. 10.1.1. The itemized construction cost breakdown, or schedule of values, is to include quantities and prices of items aggregating the Contract Price and is to subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices are to include an appropriate amount of overhead and profit applicable to each item of Wark. 10.1.2. The construction, or progress, schedule is to indicate the Contractor's estimated starting and completion dates for the various stages of the Work and is to show both the projected cost of Work completed and the projected percentage of Work completed versus Contract Time. FDEP-9 Revision 4 September 1999 r' r r r r r r r- ...- I~ r' 'r' r' I I I I I I 10.1.3. The payment schedule is to show the Contractor's projected progress and fmal payments cumulatively by month. ARTICLE II - AVAILABILITY OF LANDS II.I. The Owner shall furnish all lands and shall obtain all rights-of-ways and easements upon which the Work is to be performed and furnished. ARTICLE 12 - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONSTRUCTION PERMIT(S) 12.1. The Owner shall obtain the appropriate Florida Department of Environmental Protection construction permit(s) required for the Work. ." ARTICLE 13 - ENGINEER 13.1. The Owner shall employ a professional engineer registered in the State of Florida to oversee the Work. ARTICLE 14 - APPLICATIONS FOR PAYMENT 14.1. The Contractor's applications for payment are to be accompanied by such certificates or documents as may be reasonably required. The Owner shall forward a copy of such certificates or documents as may be reasonably required to the Florida Department of Environmental Protection. ARTICLE 15 - ACCESS TO RECORDS 15.1. Authorized representatives of the Owner, the Florida Department of Environmental Protection, and the United States Environmental Protection Agency shall have access to, for the purpose of inspection, any books, documents, papers, and records of the Contractor that are pertinent to this Agreement/Contract. The Contractor shall retain all books, documents, papers, and records pertinent to this Agreement/Contract for a period of three years after receiving and accepting final payment under this Agreement/Contract. ARTICLE 16 - ACCESS TO WORK SITE(S) 16.1. Authorized representatives of the Owner, the Florida Department of Environmental Protection (FDEP), and the United States Environmental Protection Agency (USEP A) shall have access to the Work site(s) at any reasonable time. The Contractor shall cooperate (including making available working copies of documents and supplementary materials) during Work site inspections conducted by the Owner, the FDEP, or the USEPA. FDEP-IO Revision 4 September 1999 [. r [' r r I 1- r I I" 1-- J I I I I I I I NOTE: Articles 17, 18 and 19 apply only to projects of $7,500,000 or greater. ARTICLE 17 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES 17.1. A goal of * percent of the Contract Price is established for Minority Business Enterprise (MBE) participation in the Work, and a goal of * percent of the Contract Price is established for Women's Business Enterprise (WBE) participation in the Work. If bidders or prospective contrators (including the Contractor) intend to let any lower-tier goods or services (including construction) subcontracts for any portion of the Work, they shall physically include these percentage goals for MBE and WBE participation in all solicitations for subcontracts and shall take affirmative steps to assure that MBEs and WBEs are utilized, when possible, as sources of goods and services. Affirmative steps are to include the following: (a) including small, minority, and women's businesses on solicitation lists; (b) assuring that small, minority, and women's businesses are solicited wh.enever they are potential sources; (c) dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small, minority, and women's businesses; (d) establishing delivery schedules, when requirements permit, that will encourage participation by small, minority, and women's businesses; and (e) using the services of the Small Business Administrative and the Office of Minority Business Enterprise of the United States Department of Commerce as appropriate. *The percentage goals for MBE and WBE participation are to be inserted by the Owner and are to be based upon the percentage goals that have been, or will be, stipulated in the State revolving fund loan agreement for the Owner's FDEP-assisted Project. 17.2. Within ten calendar days after being notified of being the apparent Successful Bidder, the apparent Successful Bidder shall submit to the Owner documentation of the affirmative steps it has taken to utilize Minority and Women's Business Enterprises (MBEs and WBEs) in the Work and documentation of its intended use of MBEs and WBEs in the Work. The Owner shall keep this documentation on file and shall forward to the Florida Department of Environmental Protection a copy of the apparent Successful Bidder's documentation concerning its intended use ofMBEs and WBEs in the Work. 17.3. Minority and Women's Business Enterprise (MBE and WBE) participation in the Work is to be considered in the award of this Agreement/Contract. The Owner shall not execute this Agreement/Contract until the Florida Department of Environmental Protection has approved the extent of MBE and WBE participation in the Work. ARTICLE 18 - VIOLATING FACILITIES (SECTION 306 OF THE CLEAN AIR ACT. SECTION 508 OF THE CLEAN WATER ACT. AND EXECUTIVE ORDER 11738) 18.1. The Contractor, and all subcontractors at any tier, shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 V.S.C. I 857[h]), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans), and 40 CFR Part 15, which prohibit the use, under nonexempt Federal contracts, grants, or loans, of facilities included on the United States Environmental Protection Agency's List of Violating Facilities. FDEP-ll Revision 4 September 1999 r.o r r r r r r~' I~ . I' r I I I I I , I I 18.2. In accordance with 40 CFR Part 15, if the price of this Agreement/Contract exceeds $100,000 and/or if this Agreement/Contract is otherwise nonexempt from 40 CFR Part 15, the Contractor agrees to the following: 18.2.1. the Contractor will not use any facility on the United States Environmental Protection Agency's List of Violating Facilities in the performance of this Agreement/Contract for the duration of time that the facility remains on the List; 18.2.2. the Contractor will notify the Florida Department of Environmental ProtectionlUnited States Environmental Protection Agency (USEP A) if a facility it intends to use in the performance of this Agreement/Contract is on the USEP A's List of Violating Facilities or if it knows that a facility it intends to use in the performance of this Agreement/Contract has been recommended to be placed on the USEPA's List of Violating Facilities; and 18.2.3. in the performance of this Agreement/Contract, the Contractor will comply with all requirements of the Clean Air Act and the Clean Water Act, including the requirements of Section 114 of the Clean Air Act and Section 308 of the Clean Water Act, and all applicable clean air standards and clean water standards. 18.3. If the Contractor, or any subcontractor at any tier, awards any lower-tier goods or services (including construction) subcontracts for any portion of the Work, it shall physically include in all such subcontracts the following provision: 18.3.1. The Subcontractor shall comply with all applicable standards, orders, or requirements issued under Section 306 'of the Clean Air Act (42 U.S.C. 1857[h]), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans), and 40 CFR Part 15, which prohibit the use, under nonexempt Federal contracts, grants, or loans, of facilities included on the United States Environmental Protection Agency's (USEPA's) List of Violating Facilities. In accordance with 40 CFR Part 15, if the price of this Subcontract exceeds $100,000 and/or if this Subcontract is otherwise nonexempt from 40 CFR Part 15, the Subcontractor agrees to the following: (a) the Subcontractor will not use any facility on the USEPA's List of Violating Facilities in the performance of this Subcontract for the duration of time that the facility remains on the List; (b) the Subcontractor will notify the Florida Department of Environmental ProtectionlUSEP A if a facility it intends to use in the performance of this Subcontract is on the USEPA's List of Violating Facilities or ifit knows that a facility it intends to use in the performance of this Subcontract has been recommended to be placed on the USEPA's List of Violating Facilities; and (c) in the performance of this Subcontract, the Subcontractor will comply with all requirements of the Clean Air Act and the Clean Water Act, including the requirements of Section 114 of the Clean Air Act and Section 308 of the Clean Water Act, and all applicable clean air standards and clean water standards. In addition, if the Subcontractor awards any lower-tier goods or services (including construction) subcontracts under this Subcontract, the Subcontractor shall physically include this provision in all such subcontracts. FDEP-12 Revision 4 September 1999 r r' r r .... ~ r r' r ~ I' I' ~ I I , I I I I 20.2.4. the "Notice to Be Posted", which has been extracted from 4l CFR 60-1.42(a) and included as Appendix E to these Supplementary Conditions; 20.2.5. the "Standard Federal Equal Employnient Opportunity Construction Contract Specifications (Executive Order 11246)", which have been extracted from 41 CFR 60-4.3(a) and included as Appendix F to these Supplementary Conditions; 20.2.6. the "Certification of Compliance with 41 CFR 60-1.7: Reports and Other Required Information", which is required by 41 CFR 60-1.7(b) and is included as Appendix G to these Supplementary Conditions; and 20.2.7. the "Certification of Nonsegregated Facilities", which is required by 41 CFR 60-1.8(b) and is included as Appendix H to these Supplementary Conditions. ,., 20.3. If bidders or prospective contractors (including the' Contractor), or any prospective construction subcontractors at any tier, intend to let any lower-tier construction subcontracts for any portion of the Work, they shall physically include in all lower-tier construction subcontracts with a price exceeding $10,000 and in all solicitations for such subcontracts the "Notice of Requirement for Affirmative, Action to Ensure Equal Employment Opportunity (Executive Order 11246)", the "Goals and Timetables for Minorities and Females", the "Equal Opportunity Clause", the "Notice to Be Posted", the "Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)", the "Certification of Compliance with 41 CFR 60-1.7: Reports and Other Required Information", and the Certification of Nonsegregated Facilities", which are included as Appendices B through H to these Supplementary Conditions. 20.4. If the price of this Agreement/Contract exceeds $10,000, all bidders shall complete and submit to the Owner, with their bids, the "Certification of Compliance with 41 CFR 60-1.7: Reports and Other Required Information", which is included as Appendix G to these Supplementary Conditions. In addition, if bidders (including the Contractor), or any prospective construction subcontractors at any tier, intend to let any lower-tier construction subcontracts for any portion of the Work, they shall obtain the "Certification of Compliance with 41 CFR 60-1.7: Reports and Other Required Information" from each prospective construction subcontractor that may be awarded a lower-tier construction subcontract with a price exceeding $10,000 and shall do so at the time bids or offers for each such subcontract are received or at the outset of negotiations for each such subcontract. 20.5. If the price of this Agreement/Contract exceeds $10,000, the apparent Successful Bidder shall complete and submit to the Owner, within ten calendar days after being notified of being the apparent Successful Bidder, the "Certification of Nonsegregated Facilities", which is included as Appendix H to these Supplementary Conditions. In addition, if the Contractor, or any construction subcontractor at any tier, intends to let any lower-tier construction subcontracts for any portion of the Work, it shall obtain the "Certification of Nonsegregated Facilities" from each prospective construction subcontractor that will be awarded a lower-tier construction subcontract with a price exceeding $10,000 and shall do so before awarding each such subcontract. 20.6. If the price of this Agreement/Contract exceeds $10,000, the Owner shall give written notice to the Director of the Office of Federal Contract Compliance Programs within ten working days of award FDEP-14 Revision 4 September 1999 r r r [ r [ r r , r r ,. r I f I , I I of this Agreement/Contract. The notice is to include the name, address, and telephone nwnber of the Contractor; the employer identification number of the Contractor; the dollar amount of this Agreement/Contract; the estimated starting and completion dates of this Agreement/Contract; the number of this Agreement/Contract; and the geographical area in which the Work is to be performed. lfthe price of this Agreement/Contract equals or exceeds $50,000 and if the Contractor has 50 or more employees, the Contractor shall file with the Florida Department of Environmental Protection (FDEP)lUnited States Environmental Protection Agency (USEP A), within 30 calendar days after the award of this Agreement/Contract, a report on Standard Form 100 (EEO-I), which has been promulgated jointly by the Office of Federal Contract Compliance Programs, the Equal Employment Opportunity Commission, and Plans for Progress, unless the Contractor has submitted such a report within 12 months preceeding the date of award of this Agreement/Contract. In addition, the Contractor shall ensure that each construction subcontractor having 50 or more employees:.and a lower-tier construction subcontract with a price equaling or exceeding $50,000 also files with the FDEPIUSEP A, within 30 calendar days after the award to it of the lower-tier construction subcontract, a report on Standard Form 100 (EEO-l) unless the construction subcontractor has submitted such a report within 12 months preceding the date of award of the lower-tier construction subcontract. (SuEsequent reports are to be submitted annually in accordance with 41 CFR 60-1.7(a) or at such other intervals as the Director of the Office of Federal Contract Compliance Programs may require.) FDEP-15 Revision 4 September 1999 r' r~ r I I [ r r- , I' I' I' r , , I I I I NOTE: TillS APPENDIX APPLIES ONLY TO PROJECTS OF $7,500,000 OR GREATER APPENDIX A TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS [Note: This certification/clause has been extracted from Appendix B to 40 CFR Part 32 and is applicable to all FDEP-assisted goods and services (including construction) contracts and subcontracts with a price equaling or exceeding $25,000; this certification/clause is to be included in all FDEP-assisted goods and services (including construction) contracts and subcontracts with a price equaling or exceeding $25,000 and in all solicitations for such contracts"and subcontracts.] Instructions for Certification I. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4 The terms "covered transaction" "debarred" "suspended" "ineliaible" "lower tier covered . '" 0 , transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. FDEP-16 Revision 4 September 1999 (. r r I ( ( ( f ( 1 I I I I" f I"" IP I~ r 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with.'a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (I) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (3) The prospective lower-tier participant also certifies that it and its principals: (a) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (3)(a) of this certification; and ( c) Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective lower-tier participant is unable to certify to any of the above, such prospective participant shall attach an explanation to this proposal. FDEP-17 Revision 4 September 1999 [ ( [ I I I I I , I I I I I I I I I I APPENDIX B TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) [Note: This notice has been extracted from 41 CFR 60-4.2( d) and is applicable to all FDEP-assisted construction contracts and subcontracts with a price exceeding $l 0,000; this notice is to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. . . 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade Goals for female participation in each trade Insert goals for each year. Insert goals for each year. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. FDEP-18 Revision 4 September 1999 r r r r r I r r f r r r r I' I" I I I r 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any) FDEP-19 Revision 4 September 1999 I I [ I I I I I .. I ( I I I I I I I I APPENDIX C TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS GOALS AND TIMETABLES FOR MINORITIES AND FEMALES [Note: These goals and timetables are the goals and timetables referred to in Paragraph 2 of the ''Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order lI246)"; these goals and timetables are to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] Appendix A The following goals and timetables for female utilization shall be included in all Federal and federally assisted construction contracts and subcontracts in excess of$IO,OOO. The goals are applicable to the contractor's aggregate on-site construction workforce whether or not part of that workforce is performing work on a Federal or federally-assisted construction contract or subcontract. - Area covered: Goals for Women apply nationwide. Goals and Timetables Timetable Goals (percent) Indefinite 6.9 Appendix B-80 Until further notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix B-80. FDEP-20 Revision 4 September 1999 r " r [' I I Economic Areas State Goal (percent) Florida l!i1' 041 Jacksonville, FL: SMSA Counties: 2 900 Gainesville, FL------------------------------------________________-------------- 20.6 FL - Alachua ,: 3 600 Jacksonville, FL------------------------------------------____________----------- 21. 8 FL - Baker, Clay, Duval, Nassau, St. Johns Non -S MSA C ounties-------------------------------------_____________-------------------- 22.2 FL - Bradford, Columbia, Dixie, Gilchri~t, Hamilton, Lafayette, Levy, Marion, Putnam, Suwannee, Union; GA - Brantley, Camden, Charlton, Glynn, Pierce, Ware I [ r (' r r r' r r 1'-- 1-. 1"- I'.' 042 Orlando - Melbourne - Daytona Beach, FL: SMSA Counties: 2020 Daytona Beach, FL--------------------------------------______________--------15. 7 FL - Volusia 4900 Melbourne - Titusville - Cocoa, FL-----------------------------------------I 0.7 FL - Brevard 5960 Orlando, FL-----------------------------------__________________-----------------15.5 FL - Orange, Osceola, Seminole Non -S MSA Counties-----------------------------___________________----------------------14. 9 FL - Flagler, Lake, Sumter 043 Miami - Fort Lauderdale, FL: SMSA Counties: 2680 Fort Lauderdale - Hollywood, FL--------------------------------------------15.5 FL - Broward 5000 Miami, FL--------------------------------____________________-------------------- 39.5 FL - Dade 8960 West Palm Beach - Boca Raton, FL-----------------------------------------22.4 FL - Palm Beach Non -S MSA Co un ties-----------------------------______________________------------------ 30.4 FL - Glades, Hendry, Indian River, Martin, Monroe, Okeechobee, St. Lucie FDEP-21 Revision 4 September 1999 [ ( [ ( ( I I r r Economic Areas State Goal (percent) Florida - continued I r- 044 Tampa - St. Petersburg, FL: SMSA Counties: 1140 Bradenton, FL----------------------------_________________________--------------15.9 FL - Manatee ,/ 2700 Fort Myers, FL------------------------------..,--______________________-----------15.3 FL - Lee 3980 Lakeland - Winter Haven, FL-------------------------------------------------18.0 FL _ Polk 7 51 0 Sarasota, FL----------------------------~----------_______________--------------.., 10.5 FL - Sarasota 8280 Tampa - St. Petersburg, FL---------------------------------------------------17.9 FL _ Hillsborough, Pasco, Pinellas N on-SMSA Counties--------------------------------________________----------------------17.1 FL - Charlotte, Citrus, Collier, DeSoto, Hardee, Hernando, Highlands ". 045 Tallahassee, FL: SMSA Counties: 82 40 Tallahassee, FL--------------------------------_____________________-----------_ 24.3 FL - Leon, Wakulla Non -S MSA Coun ties----------------------------________________________--------------___ 29.5 FL - Calhoun, Franklin, Gadsden, Jackson, Jefferson, Liberty, Madison, Taylor r' 1-' r" I I I I 046 Pensacola - Panama City, FL: SMSA Counties: 6015 Panama City, FL----------------------------_________________________----------14.1 FL - Bay 6080 Pensaco la, FL-------------------------------______________________-------------18.3 FL - Escambia, Santa Rosa N on-SMSA Counties---------------------------_____________________--------------------15.4 FL - Gulf, Holmes, Okaloosa, Walton, Washington FDEP-22 Revision 4 September 1999 [.. r r r I' I r r j r r r r r r I~' I~ I" I' APPENDIX D TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS EQUAL OPPORTUNITY CLAUSE [Note: This clause has been extracted from 41 CFR 60-1.4(b) and is applicable to all FDEP-assisted construction contracts and subcontracts with a price exceeding $l 0,000; this clause is to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $l 0,000 and in all solicitations for such contracts and subcontracts.] During the performance of this contract, the contractor agrees as follows: . (I) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment adverti~ing; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. FDEP-23 Revision 4 September 1999 L L L L L L L L L L l L I 1 1 I I I (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. FDEP-24 Revision 4 September 1999 l" [ L L l , l l 1 I I . I I I I I I I APPENDIX E TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS NOTICE TO BE POSTED [Note: This notice has been extracted from 41 CFR 60-1.42(a) and is the notice referred to in Paragraphs (1) and (3) of the "Equal Opportunity Clause"; this notice is to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW - DISCRIMlNA TION IS PROHIBITED BY THE CIVIL RIGHTS ACT OF 1964 AND BY EXECUTIVE ORDER NO. 11246 Title VI of the Civil Rights Act of 1964 - Administered by: ." THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 75 or more employees, by Labor Organizations with a hiring hall of 75 or more members, by Employment Agencies, and by Joint Labor-Management Committees for Apprenticeship or Training. After July 1, 1967, employers and labor_ organizations with 50 or more employees or members will be covered; after July 1, 1968, those with 25 or more will be covered. ANY PERSON Who believes he or she has been discriminated against SHOULD CONTACT THE EQUAL EMPLOYMENT OPPORTUNITY CO.MNfISSION 2401 E Street NW, Washington, D.C. 20506 Executive Order No. 11246 - Administered by: THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin,'and requires affirmative action to ensure equality of opportunity in all aspects of employment. By all Federal Government Contractors and Subcontractors, and by Contractors Performing Work Under a Federally Assisted Construction Contract, regardless of the number of employees in either case. ANY PERSON Who believes he or she has been discriminated against SHOULD CONTACT THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS U.S. Department of Labor, Washington, D.C. 20210 FDEP-25 Revision 4 September 1999 r I ( [ ( [ I r , I r r r' I' I' I I I I APPENDIX F TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEl\1ENT ARY CONDITIONS STANDARDFEDERALEQUALE~LOYMENTOPPOR~TYCONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) [Note: These specifications have been extracted from 41 CFR 60-4.3(a) and are applicable to all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000; these specifications are to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] I. As used in these specifications: " a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in FDEP-26 Revision 4 September 1999 [ I I I I I I I I I I I I I I I I I r accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individualLy required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. FDEP-27 Revision 4 September 1999 I I ( I I I I I I I I I I'" I I I I I I b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. I . e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. FDEP-28 Revision 4 September 1999 r ~. f I [ [ [ r .. r r r' r- r I' I- I' I I I . , i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities, m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling anyone or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. FDEP-29 Revision 4 September 1999 I" I I I I I I I I I I j I I I I I I I 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female,. and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. II. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. :' 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order I 1246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligation under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). FDEP-30 Revision 4 September 1999 r~ I I I I I I I I .. I I I I I I I I I , . I APPENDIX G TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION OF COMPLIANCE WITH 41 CFR 60-1.7: REPORTS AND OTHER REQUIRED INFORMATION [Note: This certification is required by 41 CFR 60-1.7(b) and is applicable to all FDEP-assisted construction contracts and subcontracts with a price exceeding $l 0,000; this certification is to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] This certification relates to a construction contract proposed by , which (insert the name of'the Owner) expects to finance the proposed construction contract with assistance from the Florida Department of Environmental Protection (which administers a State revolving fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency). I am the undersigned prospective construction contractor or subcontractor. I certify that:_ (1) I _ have / _ have not participated in a previous contract or subcontract subject to the Equal Opportunity Clause and (2) in have participated in a previous contract or subcontract subject to the Equal Opportunity Clause, I _ have / _ have not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I understand that, if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause and have failed to file all reports due under the applicable filing requirements, I am not eligible, and will not be eligible, to have my bid or offer considered, or to enter into the proposed contract or subcontract, unless and until I make an arrangement regarding such reports that is satisfactory to the office where the reports are required to be filed. I agree that I will obtain identical certifications from prospective lower-tier construction subcontractors when I receive bids or offers or initiate negotiations for any lower-tier construction subcontracts with a price exceeding $10,000. I also agree that I will retain such certifications in my files. (Signature of Authorized Official) (Date) (Name and Title of Authorized Official (print or Type]) (Name of Prospective Construction Contractor or Subcontractor [Print or Type]) FDEP-31 Revision 4 September 1999 . -. . Key Largo Wastewater Treatment System EXECUTIVE SUMMARY OF THE OPERATION AND MAINTENANCE AGREEMENT The Florida Keys Aqueduct Authority & Ogden Water Systems of Key Largo, Inc. 1 \\Ftl-nt1\LIBRARY\250 - FKAA\250-06 (Wastewater Contract)\Key Largo Contracts\Operations & Maintenance\Executive Summary . doc ~. -. . I. Intent of Agreement The intent of this Agreement is to provide a workable framework to govern the twenty year relationship between FKAA and Ogden for the operation, maintenance and repair of the Key Largo wastewater treatment system. This Agreement has been structured to ensure Ogden's prompt performance of its obligations, and that its work and services performed under this Agreement will be performed to the satisfaction of FKAA. II. Compensation and Term. This Agreement is a 20 year, operation and maintenance contract for the entire Key Largo wastewater system. (Article 5). Ogden will be paid an annual base fee of $2,250,000.00 (~ 6.1), increased yearly by the Gross Domestic Product Implicit Price Deflector Index. (Appendix B). With the possible exception of additional work ordered by FKAA, and additional work necessitated by a change in law or uncontrollable circumstance, the base fee is Ogden's complete compensation for the operation, maintenance, and repair of the facilities throughout the entire term of this agreement. (~~ 3.7 & 6.1). III. Ogden's Responsibility. The Key Largo wastewater system will operate 24 hours a day, 7 days a week (~ 3.2), and shall be operated so that it complies with all applicable laws and regulations, and the performance requirements set forth in Appendix A. (~3 .1). A failure to meet these performance requirements will only be excused when the failure is determined to have been caused by an uncontrollable circumstance. (~3 .2.1). Ogden will assist FKAA in the implementation of an industrial pretreatment program, and Ogden will be responsible for monitoring influent for compliance with that program. (~3.3). Ogden will develop and implement a preventive maintenance program, and will be responsible for the performance, and payment, for any and all maintenance, repairs, and replacements necessary to maintain the facilities throughout the entire term of this Agreement. (~~ 3.5 - 3.7). Should FKAA determine that Ogden has failed to perform necessary maintenance, or any necessary repair, it will provide Ogden with notice of Ogden's failure and Ogden will have 5 business days to begin performance. (~3.8). Should Ogden fail to so respond, FKAA may perform the maintenance or repair itself and withhold the costs incurred from Ogden's next monthly payment. A persistent failure to perform maintenance or repairs can be grounds for default. (~ 15.1.1) Ogden will maintain a telephone hotline to receive customer complaints in a timely and efficient manner, and FKAA will promptly forward any complaints it mat receive to Ogden. (~ 3.12). FKAA has the authority to respond to customer complaints should Ogden fail to comply with this obligation, and may charge its costs against Ogden's next monthly payment. (~3.12). At no additional cost to FKAA, Ogden shall dispose of process residues at a pre- determined landfill in Dade County, Florida. (~3.19). 2 \ \Ftl-ntl \LIBRARY\250 - FKAA \250-06 (Wastewater Contract)\Key Largo Contracts\Operations & Maintenance\Executive Summary.doc . FKAA shall have the right to access the facilities at any time, 24 hours a day, 7 days a week, provided that Ogden is given reasonable notice. (~3.20). Ogden will provide necessary security at the treatment plant and at each vacuum station (3.21), and Ogden will operate the entire facilities, including the treatment plant and vacuum stations, so that odor and noise are effectively controlled. (~3.23). FKAA has the authority to perform work to aliviate noise or odor complaints and charge the expenses incurred against Ogden's next monthly payments. (~3.23). Ogden is also required to maintain the appearance and cleanliness of all of the facilities. (~3.27). IV. Claims, Disputes, and Dispute Resolution. FKAA has reserved the right to make changes to the facilities as may be necessary (~ 8.1), and FKAA and Ogden will attempt to negotiate a price for any such change. (~8.2). All changes to the base fee, or any additional compensation must be accomplished by means of a written change order from FKAA. (~10.1). Should FKAA and Ogden be unable to reach a mutually agreeable resolution of these issues, FKAA may issue a unilateral change order (~ 11.5), and Ogden must proceed with the work. In such an event, FKAA will compensate Ogden for the changed work by paying Ogden's direct costs, plus applicable markups. (~8.3). . Ogden may also request additional compensation when it deems that it has had to perform work that was not clearly covered by the Contract, or caused by an uncontrollable circumstance or a change in law. (~9.1). Ogden is required to provide FKAA with prompt notice of a claim causing event, and must provide FKAA with back-up documentation within 30 calendar days. (~~ 9.1 & 9.3). If FKAA agrees that Ogden is entitled to additional time or compensation, those issues will be negotiated as set forth in Article 8. Should Ogden disagree with the written decision of FKAA on any issue, claim, or other dispute it may avail itself of the dispute resolution procedures contained in Article 12. Within 30 days of receipt of FKAA's written decision, Ogden may request to negotiate the dispute with executives of both FKAA and Ogden who have not previously been involved in the subject dispute. FKAA will issue a written decision regarding the dispute at the end of the negotiations, or 30 calendar days, whichever is less. That decision will be binding unless Ogden requests to mediate the issue within 10 days of FKAA's written decision. (~12.3). Should Ogden request mediation, FKAA will appoint a neutral mediator who will conduct a mediation of the issues in dispute. In the event the parties are unable to reach an amicable resolution of the dispute in mediation, the written decision of FKAA will be fmal. (~12.4). The Circuit Court of Monroe County, sitting in Key West is the agreed to venue for any legal action between the parites. (~12.5). V. Bonds, Indemnity, and Insurance. Ogden is required to provide a performance bond in the amount of ten million dollars securing Ogden's performance under this Contract. The form for this bond is attached to the . 3 \\Ftl-nt1\LIBRARY\250 - FKAA\250-06 (Wastewater Contract)\Key Largo Contracts\Operations & Maintenance\Executive Summary.doc . .. " Agreement. (Appendix C). Ogden has also agreed to provide FKAA with a performance guaranty from its parent corporation, Ogden Energy Group, Inc. (Appendix C). Ogden has the obligation to defend, indemnify, and hold FKAA harmless from suits for personal injury or property damage, unless it is determined that the injury or damage was caused by the sole negligence, or willful misconduct, of FKAA. (~13.I). Ogden will defend and indemnify FKAA for all claims for payment made by any of its subcontractors, laborers, materialmen, and suppliers. (~13.4). Ogden will also defend, indemnify, and hold FKAA harmless for all fmes or civil penalties that may be imposed by a regulatory body as a result of Ogden's, or its subcontractor's, acts, actions, neglect, or omission, unless the fme or penalty is proven to be the result of and uncontrollable circumstance or a change in law. (~13.5). VI. Termination. FKAA has the right to declare Ogden in default of this Contract for a number of broad, yet clearly defmed circumstances. (~15.1). These include, a failure to perform the required services, performing defective work, discontinuing the operation and maintenance of the facilities, and persistently failing or refusing to make necessary repairs. (~15.1.1). In the event that FKAA makes such a determination, Ogden will have 10 days to cure the deficiency or the Agreement shall be terminated from the project. (~15.2). FKAA may also terminate the Agreement if an uncontrollable circumstance (ie. act of God, illegal act by a third party) or a change in law should occur that interferes with a material obligation of either party for a period of at least 60 calendar days. (~15. 7). In such an event, FKAA must only compensate Ogden for the work performed and expenses incurred prior to the occurrenc~ of the event. (~15.7). FKAA may also terminate this Agreement should it lose its funding source for the project through no fault on the part of FKAA. (~15.9). Ogden may stop work, or terminate this Agreement, should FKAA not make an agreed to payment within 60 days of its due date, or fail to review an Ogden pay application within 45 days of receipt. (Article 16). FKAA has a fifteen business day cure period if FKAA has failed to make an agreed payment or failed to review an Ogden pay application. (~16.2). 4 \ \Ftl-ntl \LIBRARY\250 - FKAA \250-06 (Wastewater Contract)\Key Largo Contracts\Operations & Maintenance\Executive Sununary . doc ~ .- L L L L L L u. L ' - - l l 1 I I I I I I I Key Largo Wastewater Treatment System OPERATION & MAINTENANCE AGREEMENT The Florida Keys Aqueduct Authority & Ogden Water Systems of Key Largo, Inc. Dated , 2000 ( (' r Table of Contents r ARTICLE 1 r Definitions 4 ARTICLE 2 General Understandings 9 [ ARTICLE 3 Scope of Services - Ogden 10 ARTICLE 4 r Scope of Services - FKAA 14 ARTICLE 5 Term 15 I ARTICLE 6 Compensation 15 AATICLE 7 r Manner of Performance 16 ARTICLE 8 Changes in the Scope of Services 17 r ARTICLE 9 Claims 18 r ARTICLE 10 Change Orders 19 ARTICLE 11 r Defective Work 20 ARTICLE 12 Dispute Resolution 20 r ARTICLE 13 Indemnity, Liability, and Insurance 22 ARTICLE 14 r Re-use 24 ARTICLE 15 Termination - FKAA 25 I ARTICLE 16 Termination - OGDEN 27 ARTICLE 17 I Emergencies & Hurricane Precautions 27 ARTICLE 18 I Miscellaneous Agreement Provisions 28 I I Key Largo Wastewater Treatment System 2 of 33 I Operation & Maintenance Agreement [ [ [ [ L L [ [ [ APPENDICES A. . Facilities Characteristics and Operating Requirements B. Base Fee Adjustment Formula C. Insurance Coverage, Performance Bond and Guaranty D. OGDEN's Drug-Free Workplace Policy E. Wastewater Management Facilities F. Memorandum of Service Commencement Date G. Change Order H. Unilateral Change Order 1. Invoice THIS AGREEMENT is made and entered into on this day of 2000 (hereinafter "Effective Date"), by and between the Florida Keys Aqueduct Authority (hereinafter "FKAA "), and Ogden Water Systems of Key Largo, Inc. (hereinafter "OGDEN"). r WITNESSETH [ [ I r I I" I I I WHEREAS, Monroe County, Florida ("Monroe County"), through the Monroe County Office of Budget and Management and the Board of Commissioners, authorized the issuance and publication of a request for proposals dated September 8, 1999, for the design, construction, operation and Maintenance of a wastewater collection system and treatment Facilities for Key Largo, Florida; WHEREAS a technical evaluation panel was established by Monroe County and composed of representatives from the United States Environmental Protection Agency (" EP A"), the Florida Department of Environmental Protection, and other agencies; WHEREAS, FKAA has the authority to enter into contracts for the design, construction, improvement, enlargement, operation, and maintenance of Facilities such as the Facilities in accordance with its bylaws and organizational documents; WHEREAS, Monroe County authorized FKAA to design, build, own, and operate the Facilities; WHEREAS, Monroe County, through its Board of Commissioners, requested FKAA to enter into contract negotiations with Ogden Water Systems, Inc. for the design, construction, operation, and Maintenance of the Facilities by its Resolution No. 093-2000, dated February 17,2000; Key Largo Wastewater Treatment System Operation & Maintenance Agreement 3 of 33 r [ [ [ [ [ [ [ r [ [ r f" r r r' r r r WHEREAS, the Facilities will be owned by FKAA and located on land and within rights-of-way and easements acquired by FKAA and made available to OGDEN by FKAA; WHEREAS, FKAA and Ogden Water Systems, Inc. have, consistent with Monroe County's request to FKAA, negotiated the terms and conditions pursuant to which Ogden Water Systems, Inc.'s subsidiary, Ogden Water Systems of Key Largo, Inc. ("OGDEN"), will provide the design, engineering, construction, equipment, start-up, testing, operation, and maintenance of the Facilities; WHEREAS, OGDEN will design, construct, equip, start up, test, operate, and maintain the Facilities pursuant to this Agreement and a design/build contract ("Design/Build Contract") to be executed contemporaneously herewith; WHEREAS, FKAA desires to receive, and OGDEN desires to provide, operation and maintenance services under the terms of this Agreement; , NOW, THEREFORE, in consideration of the mutual terms, conditions, covenants, and r 01;>4gations contained herein, and other good and valuable consideration, the receipt -and sufficiency of which is hereby acknowledged, FKAA and OGDEN agree as follows: ARTICLE 1 DefInitions The following terms, when used in this Agreement have the meaning described herein: 1.1 Affiliate means any person, corporation, or other entity directly or indirectly controlling or controlled by another person, corporation or other entity or under direct or indirect common control with such person, corporation, or other entity. 1.2 Agreement means this the entire and integrated contract between FKAA and OGDEN, for the operation and maintenance of the Facilities, which supersedes all prior negotiations, representations, or contracts concerning the Services, either written or oral. 1.3 Applicable Law means each and every law, rule, regulation, requirement, order, permit, judgment, decree, or ordinance of every kind whatsoever issued by any government entity, as in effect during the term of this Agreement, applicable to or affecting the Facilities, this Agreement, and all persons engaged in the work or Services to be performed under this Agreement. 1.4 Base Fee means the fee paid by FKAA to OGDEN in accordance with Article 6, as adjusted from time to time in accordance with this Agreement. 1.5 Bioloi!ically Toxic Substances means any substance or combination of substances contained in the treatment plant influent in sufficiently high concentrations so as to interfere with the biological processes necessary for the removal of the organic and chemical constituents of the wastewater required to meet the discharge requirements of the Applicable Key Largo Wastewater Treatment System Operation & Maintenance Agreement 4 of 33 r [ [ [ [ [ [ r r I r r- r r r I"" r' 1-- r. Law. Biologically toxic substances include but are not limited to, heavy metals, phenols, cyanides, pesticides, herbicides, and priority, pollutants as listed by EPA at any time, or any substance that would violate the state, local or 'EPA industrial standards or any applicable sewer use ordinance. 1.6 Business Day means any day that is neither a Saturday, a Sunday, nor a legal holiday as designated by the State Legislature or Cabinet as holidays, which include, but are not limited to, New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. 1.7 midnight. Calendar Day means every day shown on the calendar, ending and beginning at 1.8 Change in Law means any of the following events or conditions having, or which may reasonably be expected to have, an effect on the performance by the parties of their resp~ctive obligations under this Agreement: (1) The enactment, adoption, promulgation, modification, or repeal, after the Effective Date, of any federal, state, or local law, ordinance, code, rule, regulation, or other similar legislation or the change in interpretation, after the Effective Date, of any federal, state, or local law, ordinance, code, rule, regulation, official permit, license, or approval by any regulatory entity having jurisdiction with respect to the operation or Maintenance of the Facilities; or (2) The imposition, after the Effective Date, of any material conditions on the issuance, modification, or renewal of any official permit, license, or other approval necessary for the operation or Maintenance of the Facilities, which necessitates or make advisable a capital Project, modifies OGDEN's guarantees of the Facilities' performance, or establishes requirements with respect to the design, operation, or Maintenance of the Facilities which are more burdensome than the most stringent requirements: (a) in effect on the Effective Date, or (b) agreed to by FKAA in any applications for official permits, licenses, or approvals for the Facilities, other than any requirements set forth in said applications to comply with future laws, ordinances, codes, rules, regulations, or similar legislation. For purposes of part (I) of this defmition, no enactment, adoption, promulgation, or modification of laws, ordinances, codes, rules, regulations, or similar requirement or enforcement policy with respect to any such requirement shall be considered a Change in Law if, as of the Effective Date, such laws, ordinances, codes, rules, regulations, or similar requirement would have directly affected the continued operation and Maintenance of the Facilities by FKAA during and after the Interim Operations Period in the absence of this Agreement and either such law, ordinance, code, rule, regulation, or similar requirement was either officially proposed by the responsible agency and published in fmal form in the Federal Register or equivalent federal, state, or local publication and thereafter becomes effective without further action, or enacted into law, promulgated or issued as a draft for comments by the appropriate state or local body before the Effective Date. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 5 of 33 r r r r r r r r r r r r r r I" I" I I I 1. 9 Change Order means a written document issued by FKAA under Article 10 ordering a change in the scope or cost of the Services rendered by OGDEN under this Agreement. 1.10 Collection System means all components of the sewer collection system from the point of connection at the wastewater Treatment Plant Site boundary including gravity lines, vacuum pits, vacuum lines, vacuum stations, force mains, and manholes. 1.11 Cost means the total of all costs determined on an accrual basis in accordance with generally accepted accounting principles, including but not limited to direct labor, labor overhead, chemicals, Materials, supplies, utilities, equipment, Maintenance, Repair, and outside services. 1.12 Effective Date means the date this Agreement was executed as set forth on page four of this Agreement. 1.13 Facilities shall mean all of the property and rights, both tangible and intangible, . ~ the FKAA owns or uses or subsequently acquires or uses in conjunction with the operation and Maintenance of the Key Largo Wastewater Treatment System as constructed under the Design/Build Contract, including by way of example and not limitation, the following: 1.13.1 All real property and interests, rights, or uses of real property whether recorded in the public records or not. 1.13.2 All wastewater Facilities, including reuse and reclaimed water, treatment plants, wells, collection, transmission, distribution, pumping, effluent, vacuum, and disposal systems of every kind and description, including by way of example and not limitation, all lift stations, pumps, generators, controls, tanks, sewers rehabilitated under the Design/Build Contract, distribution, collection or transmission Facilities, valves, meters, service connections, and all other physical Facilities and subsequent installations used in the operation of the wastewater treatment system. 1. 13.3 All equipment, tools, Machinery, parts, inventory, laboratory equipment, and other personal property used in connection with the operation of the wastewater treatment system. 1.13.4 All easements and licenses in favor of, or otherwise lawfully available to, FKAA. 1.13.5 All surveys and water and wastewater drawings, plans, engineering designs, blueprints, plans and specifications, Maintenance and operating manuals, engineering reports, calculations, non-proprietary computer models, business records and all other information controlled by or in the possession of FKAA or OGDEN (both in original and electronic formats) that relates to the description and operation of the wastewater treatment system. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 6 of 33 [ [ [ [ [ [ [ r 1.13.6 All necessary regulatory approvals subject to all conditions, limitations, restrictions contained therein; all permits and other governmental authorizations and approvals of any kind necessary to construct, operate, expand, use and maintain the wastewater treatment system. 1.14 FDEP means the State of Florida, Department of Environmental Protection. 1.15 PDOT means the State of Florida, Department of Transportation. 1.16 FKAA means the Florida Keys Aqueduct Authority, or its authorized representative, whose address is: 1100 Kennedy Drive, Key West, Florida 33040 1.17 Interim O{Jerations means operation of the less than entire Facilities prior to substantial completion of the entire Project under the Design/Build Contract. 1.18 Machinery means any and all complex devices, tools, facilities, or other apparatuses, together with the necessary supplies for upkeep and Maintenance thereof, that are tQ be incorporated into the Facilities and that are or will become the property of FKAA. I [ r r r r r r r' r r"' 1.19 Maintenance means those routine and/or repetitive activities required or recommended by the equipment manufacturer or OGDEN, or which are otherwise necessary to maximize the service life of the equipment, sewer, parts, and Facilities. Maintenance also includes Repairs made necessary as a result of improper, or lack, of Maintenance. 1. 20 Material means any substance to be incorporated into, or consumed by, the operation of the Facilities that are, or will, become the property of PKAA under this Agreement or the Design/Build Contract. 1.21 Memorandum of Service Commencement Date means the executed document, a form of which is attached as Appendix P. 1.22 Notice as used in the Agreement or any Applicable Law shall signify a written communication delivered in person, via facsimile, or by certified or registered mail to be addressed to the last business address known to the person or entity giving notice, and addressed to the following individuals: FKAA OGDEN Executive Director Executive Vice President Deputy Director General Counsel Director of Environmental Services Project Manager 1.23 OGDEN means Ogden Water Systems of Key Largo, Inc., or its authorized representative, whose address is: 40 Lane Road, Fairfield, NJ 07007. All references to OGDEN shall include any and all third parties under contract or control of OGDEN, and all Key Largo Wastewater Treatment System Operation & Maintenance Agreement 7 of 33 [ [ L I l [ ( [' [' l [ [ [.. I- r' I- I I I references to any such third party shall also be deemed to be a reference to OGDEN. OGDEN shall include a design professional engineering and a design/build firm as set forth in Section 287.005, Florida Statutes. 1.24 OGDEN's Proposal means the transmittal letter, technical proposal and cost proposal to design, build, and operate a wastewater collection and treatment system to serve the Key. Largo area of Monroe County, Florida, submitted to Monroe County in response to the Request for Proposals, together with any addenda thereto and any clarifications and explanations provided by OGDEN. 1.25 Process Residue has the meaning given in Section 3.19. 1.26 Proiect means the design and construction of a wastewater treatment plant and collection system(s) to serve the island of Key Largo, Florida, under the Design/Build Contract, between Mile Markers 91 and 106, including all existing or permitted Equivalent D~~lling Units within that area as of October 31, 1999; FKAA Project No. 4004-00. , 1.27 Repair means the non-routine/non-repetitive restoration of, or the replacement of a part or the putting back together of FKAA equipment, Machinery, or piping, which is inoperable or broken as required for operational continuity, safety, and performance generally resulting from failure, or to avert a failure, of the Facilities. 1.28 Request for Proposals ("RFP") means the documents issued by Monroe County seeking competitive proposals for the design, construction, and operation of the Project, including any addenda thereto. 1.29 Service Commencement Date means the date on which OGDEN attains substantial completion on the entire Facilities as identified in the Design/Build Contract, and as certified in the Memorandum of Service Commencement Date. 1.30 Services means everything required to be furnished and done for and relating to the Facilities by OGDEN pursuant to this Agreement commencing on the date that OGDEN attains the Service Commencement Date. Services shall include the employment and furnishing of all labor, Materials, equipment, supplies, tools, storage, transfer, transportation, insurance, delivery, and other things and services of every kind whatsoever necessary for the full performance and completion of OGDEN's operation, Maintenance, Repair, processing, and related obligations under this Agreement and all of OGDEN's administrative, accounting, record keeping, notification, and similar responsibilities of every kind whatsoever under this Agreement pertaining to such obligations. 1.31 Surety means the corporate body that is bound by the performance bond required under Appendix C with and for OGDEN and that is responsible for the performance of the Agreement and the payment of all legal debts pertaining thereto, subject to the terms, conditions and limits of the performance bond. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 8 of 33 r [ ( l l l l I ( 1.32 Treatment Plant Site: The real property located at Mile Marker 100.5 as officially selected by the Board of County Commissioners for Monroe County, Florida. 1.33 Uncontrollable Circumstance means an event or condition, whether affecting the Facilities, the Project, FKAA or OGDEN, that materially and adversely affects the ability of either party to perform any obligation under this Agreement if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as justification for not performing an obligation or complying with any condition of this Agreement. Such acts or events may include, but shall not be limited to, the following, if they meet the requirements of the foregoing sentence: 1.33.1 an act of God, including a hurricane, landslide, lightning, earthquake, > flood, drought, sabotage, or similar disturbance; 1.33.2 the failure of any Federal, State, public or private utility having jurisdiction in the area in which the Facilities are located to provide and maintain utilities, services, water or power transmission lines to the Facilities, which are required for the construction, start-up, testing, operation, or Maintenance of the Facilities; 1.33.3 governmental preemption of materials or services in connection with a public emergency; l [ I- r 1'- I I I I I 1.33.4 any injunctions, court orders, or other governmental action that precludes the actual performance of the services under this agreement; and 1.33.5 any illegal activity by a third party that materially interferes with the operation or Maintenance of the Facilities. 1.34 Wastewater Treatment System(s) includes, but not be limited to, the land, easements, rights-of-way, Machinery, Materials equipment, structures, buildings, tanks, chemical feed systems, odor control processes, instrumentation, access roads, buffer provisions, safety and security provisions, fire protection, emergency and stand-by power generation, disposal, and sewer collection systems, including but not limited to land, easements, rights-of-way, buffer provisions, piping, pumps, vacuum equipment (including valves, pits and tanks) and appurtenances, structures, buildings, instrumentation, access roads, and power supply. ARTICLE 2 General Understandings 2.1 All grounds, Facilities, Materials, and Machinery owned by FKAA, or acquired by FKAA, shall remain the property of FKAA. 2.2 This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 9 of 33 1 1 , 1 1 1 l ....., I r r r r r r r r 2.3 This Agreement shall be binding upon the successors and assigns of each of the parties, but neither party will assign this Agreement without the prior written consent of the other party. Consent shall not be unreasonably wIthheld or delayed under the circumstances. 2.4 This Agreement, including Appendices, is the entire agreement of the parties, and supersedes all prior negotiations, representations, or agreements, either written or oral concerning the Services. Wherever used, the terms "OGDEN" and "FKAA" shall include the respective officers, agents, directors, elected or appointed officials, and employees. ARTICLE 3 Scope of Services - OGDEN 3.1 Within the design capacity and capability of the Project, OGbEN shall manage, operate, and maintain the Facilities so that effluent from the treatment plant meets the requirements specified in Appendix A and any Applicable Laws. OGDEN may alter the proc..ess and/or Facilities to achieve the objectives of this Agreement, or an expanded service aI'~a, with prior written approval of FKAA. 3.2 OGDEN shall operate the Facilities twenty four (24) hours per day, seven (7) days per week, or as designated for the specific facility to meet demands. The Facilities shall be operated and maintained to give the best practical treatment for the existing conditions and meet the minimum specified quality levels, or the levels required by the Applicable Laws, whichever is more stringent. The means and methods to meet or exceed these performance requirements shall be at OGDEN's discretion, and OGDEN shall be wholly responsible for meeting or exceeding the general performance requirements. 3.2.1 OGDEN's failure to meet or exceed the applicable performance requirements will only be excused in those instances where the failure was caused entirely by an Uncontrollable Circumstance. In the event an Uncontrollable Circumstance prohibits OGDEN from meeting the applicable performance requirements, OGDEN shall immediately take all reasonable steps to stop the discharge of non-compliant effluent and to bring the Facilities into compliance with the performance requirements. 3.3 OGDEN shall assist FKAA by providing administrative, technical, and analytical services including testing, monitoring, recordkeeping, and reporting in connection with FKAA's implementation of an industrial pretreatment program. OGDEN shall also assist FKAA in reviewing any industrial pretreatment applications submitted by new and existing businesses. The reasonable costs of administrative, technical, review, and analytical services in connection with FKAA's industrial pretreatment program shall be included in OGDEN's Base Fee. OGDEN shall cooperate with FKAA's enforcement program, but FKAA shall be responsible for any enforcement, litigation, or permit related activities relating to such industrial pretreatment program. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 10 of 33 1 1 1 1 1 1 1 1 1 l ....'L .... r - r r r r r 3.4 OGDEN shall maintain, pay, and perform any sampling and laboratory analysis required by any permitting authority at no additional cost to FKAA. Results of such sampling or analysis shall be reported to FKAA in a prompt and timely manner. 3.5 OGDEN shall develop and implement a preventive Maintenance program, a copy of which shall be delivered to FKAA for review and comment a minimum of thirty (30) days prior to commencing operation of the treatment plant. Any such program shall include all lubrications, adjustments, inspections, monitoring, and Repair as necessary to maintain the Facilities throughout the term of this Agreement. 3.6 OGDEN shall provide and document all corrective, and predictive Maintenance, and all necessary Repairs for the Facilities in accordance with the procedures outlined in OGDEN's preventive Maintenance program. FKAA shall have the right to inspect these records during normal business hours. "_ 3.7 OGDEN shall promptly pay, or assume, all costs associated with any and all Repairs (minor and/or majov for the Facilities throughout the entire term of this Agreement. qGDEN shall supply FKAA with a monthly accounting of Repairs made to the Facilities. In the event of loss, damage, or destruction of any portion of the Facilities, proceeds from property insurance maintained by FKAA in accordance with this Agreement shall be applied to the cost of any required Repair, provided that (i) the loss is covered by the FKAA policy, and (ii) in the event the loss, damage, or destruction was caused by OGDEN, OGDEN shall be required to pay the applicable deductibles the fIrst two times each calendar year that OGDEN makes a claim under the FKAA policies. 3.8 If in the sole and reasonable opinion of FKAA' s Director of Environmental Services, Maintenance or Repairs have been unreasonably delayed, FKAA shall so inform OGDEN in writing and give the specifIc details of the Maintenance or Repairs, and OGDEN shall respond within fIve (5) business days explaining in detail all reasons for the delay. If FKAA determines that the delay is within the control of OGDEN, OGDEN shall be so notifIed, and shall commence the necessary work within ten (10) business days from the date of receipt of FKAA's determination. If OGDEN fails to commence, or timely complete, the subject work, FKAA may take steps to perform the specific items of work with its own forces or through the use of a third party. The cost of completing this work shall be deducted from the monthly payment of the Base Fee to OGDEN. 3.9 OGDEN shall not use the Facilities for any purpose other than as contemplated herein, or as approved by FKAA in writing. OGDEN shall have the right to propose changes in the Services; provided, however, that no such change shall impair the ability of OGDEN to meet its performance requirements or comply with any other obligation under this Agreement or the Design/Build Contract; and provided further that all such changes shall be treated as if constituting a proposed Change Order under Article 10 hereof, and shall not be effective until there has been compliance with the analogous procedures specified therein. OGDEN shall, at its cost, have the right, with the consent of FKAA, which shall not be unreasonably withheld or delayed, to make modifications to the Facilities which do not adversely affect the ability of Key Largo Wastewater Treatment System Operation & Maintenance Agreement 11 of 33 1 1 1 1 1 1 1 1 l - - ..., r r r r r r OGDEN to satisfy its obligations hereunder and OGDEN shall promptly notify FKAA of its intent to implement any such modifications. 3.10 OGDEN will install and maintain an inventory control system for spare parts, Materials, and Machinery, and provide FKAA with a monthly inventory of all such spare parts, Materials, and Machinery that are being stored at the Facilities. 3.11 OGDEN shall provide and maintain computer-based records at the Facilities for all Maintenance, Repairs, process control, and laboratory management for the Facilities, including without limitation, Daily Wastewater Treatment Process Control & Optimization Reports, Project Manager's Weekly Reports, Monthly DMR Reports, Monthly Operations Reports, Annual Reports, As-built Records, Standard Operating & Proce~ures Manuals, and Operations & Maintenance Manuals. FKAA shall retain title to and have the right to inspect and copy these and any other applicable records during normal business hours. 'c_ 3.12 OGDEN shall maintain a system for receiving and responding to customer calls twenty four (24) hours a day, seven (7) days a week. OGDEN shall respond to Se~vice c9rnplaints, system breaks and stoppages in a timely and efficient manner. If in the sole and reasonable opinion of FKAA's Director of Environmental Services, OGDEN has unnecessarily delayed in responding to a customer complaint, system breaks or stoppages, FKAA shall so inform OGDEN in writing, and OGDEN shall respond within five (5) business days explaining in detail all reasons for the delay. If FKAA determines that the delay is within the control of OGDEN, OGDEN shall be so notified, and shall commence the necessary work within ten (10) business days from the date of receipt of the FKAA's determination. If OGDEN fails to commence, or timely complete, the subject work, FKAA may take steps to perform the specific items of work with its o~n forces, or through the use of a third party. The cost of completing this work shall be deducted from the monthly payment of the Base Fee to OGDEN. 3.13 OGDEN shall, as soon as reasonably practicable under the circumstances, but no later than either eight (8) hours or any period prescribed by the Applicable Laws, whichever is earlier, notify and provide FKAA with any and all information as the same becomes available relative to any activity, problem, event or circumstance that threatens or may threaten the public health, safety or welfare of the residents of Key Largo. 3.14 OGDEN shall provide training for its personnel in areas of operation, Maintenance, Repair, safety, supervisory skills, laboratory, industrial pretreatment, and energy management. This training will include both plant-specific and wastewater field material. At the request of FKAA, OGDEN shall also provide emergency operation, Maintenance, and Repair training to FKAA personnel. The direct travel costs reasonably incurred by OGDEN to provide personnel for the training of FKAA personnel shall be paid by FKAA. 3.15 OGDEN shall establish, have in effect and implement an effective quality assurance and quality control ("QA/QC program") program relative to the Facilities. Such program shall be designed to assure accuracy and precision of wastewater treatment. A copy of such QA/QC program shall be forwarded to FKAA prior to the date of commencement of treatment plant operations. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 12 of 33 J J J J J J J i ..... ...., L L L l L L 1 l 3.16 OGDEN will develop and implement an organized in-house safety program. That will include regularly scheduled safety training sessions for all plant personnel; standard operating procedures for chemical handling, confined space entry, and emergency response; and the care and use of the proper safety equipment to perform these procedures. 3.17 OGD EN shall staff the Facilities with employees who have met the applicable certification requirements of the State of Florida and the federal government. 3.18 OGDEN shall prepare all required permit reports and submit these to FKAA for transmittal to appropriate agencies within the time allowed by the applicable agency. OGDEN shall pay for all required permit renewal fees, annual inspection fees and laboratory certification fees. 3.19 OGDEN shall dispose of screenings, grit, and sludge/wastewater biosolids ("Process Residue") at the site(s) designated by FKAA. The costs incurred by OGDEN in the disppsal of such Process Reside shall be included in the Base Fee paid to OGDEN under Article 6. As between OGDEN and FKAA, title and ownership of influent, effluent, and ~rocess Residue shall remain with FKAA notwithstanding disposal services rendered by OGDEN. The planned disposal site for such Process Residue is the [to be provided] landfill, Dade County, Florida. If planned methods or disposal sites, or costs of disposal at such sites, are changed due to a Change in Law or an Uncontrollable Circumstance, each such event may constitute a change in the scope of Services and may entitle OGDEN to an adjustment in the Base Fee for all such disposals as provided in Article 6.4. 3.20 OGDEN shall provide twenty-four (24) hour per day access to the Facilities for FKAA's personnel, provided that FKAA must give OGDEN reasonable notice of its intent to enter any of the Facilities. OGDEN shall provide master keys for the Facilities to FKAA. All visitors to the Facilities shall comply with OGDEN's operating and safety procedures. 3.21 OGDEN shall maintain security at all treatment plant and vacuum station Facilities on a twenty four (24) hour, seven (7) days per week basis. Security shall include perimeter fencing, signage, and automated alarm monitoring, where applicable. 3.22 OGDEN agrees to enforce Materials, equipment, and Machinery warranties and guarantees, and shall maintain any such warranty or guarantee on any and all Materials, equipment, and Machinery purchased by or on behalf of FKAA. 3.23 OGDEN shall operate the entire Facilities at no additional cost to the FKAA so that odor and noise shall be effectively controlled and that no unreasonable disturbance or disruption to adjacent neighborhoods shall result. If FKAA's Director of Environmental Services determines, in its sole and reasonable discretion, that OGDEN has failed to perform under this Section, FKAA shall so inform OGDEN in writing, and OGDEN shall respond within five (5) business days explaining in detail reasons for the failure. If FKAA determines that the failure is within the control of OGDEN, OGDEN shall be so notified, and shall commence the necessary work within ten (10) business days from the date of receipt of the FKAA's determination. If OGDEN fails to commence, or timely complete, the subject work, Key Largo Wastewater Treatment System Operation & Maintenance Agreement 13 of 33 I 1 1 J J J J J I ~ L L L L L [ [ [ FKAA may take steps to perform the specific items of work with its own forces, or through the use of a third party. FKAA shall deduct its direct cost for completing this work from the monthly payment of the Base Fee to OGDEN. 3.24 OGDEN agrees to comply with all Applicable Laws in the performance of this Agreement, including but not limited to, supplying reports concerning effluent quality, monitoring, and process control procedures. 3.25 OGDEN shall pay for all telephone services and other utilities used or consumed in or at the Facilities, provided however, that FKAA shall maintain electric service for the Facilities in the name of FKAA and shall make payment thereon as due, deducting that amount from the monthly payment of the Base Fee to OGDEN. FKAA will lJlake any electrical invoice for the Facilities available for OGDEN's review and copying upon reasonable notice. 3.26 OGDEN agrees to comply with, and be bound by, the terms of OGDEN's "Drug Free Work Place" policy as set forth in Appendix E. , - 3.27 OGDEN shall maintain the appearance and cleanliness of all Facilities in a neat and orderly condition and provide those custodial services normally associated with the Maintenance of a business office or plant, as applicable. This shall include regularly watering, mowing, fertilizing, pruning, removing weeds, and otherwise maintaining the landscaping of all buildings and plants. ARTICLE 4 Scope of Services - FKAA 4.1 FKAA shall maintain all interests in real property constituting the Facilities, including all existing Project easements and licenses that have been granted to FKAA, and FKAA shall obtain any and all additional interests in real property that parties mutually agree to be necessary and appropriate for OGDEN to perform the Services. 4.2 FKAA shall pay all property, franchise, or other taxes associated with the Facilities, if any, but specifically excluding any and all payroll and sales taxes associated with OGDEN's Service under this Agreement. 4.3 FKAA shall be responsible for providing all billing and collection services to the customers of the Key Largo wastewater treatment system. 4.4 FKAA shall implement and enforce an industrial pretreatment program with assistance from OGDEN as provided in Article 3.3. 4.5 FKAA shall make payment to OGDEN as provided in Article 6. 4.6 FKAA shall obtain, maintain, and renew the insurance coverages set forth in Appendix C. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 14 of 33 J ] J J J J J J i - l L L L L L [ (' [' 4.7 FKAA shall promptly notify OGDEN of complaints received by FKAA from the wastewater system customers. ARTICLE 5 Term The Initial Term of this Agreement shall be twenty (20) years commencing on the Service Commencement Date, unless terminated as provided herein or in the Design/Build Contract. ARTICLE 6 Compensation 6.1 Beginning on the thirtieth (30) day of the month following the Service Commencement Date, FKAA shall pay to OGDEN as compensation for Services performed uncl~r this Agreement, an annual Base Fee of two million two hundred and fifty thousand do!lars ($2,250,000.00), which shall be payable as follows: 6.1.1 One-twelfth (1/12) of the Base Fee shall be due and payable on the thirtieth (30) day of each month after the Service Commencement Date has been certified. 6.1.2 OGDEN shall submit an invoice to FKAA for each preceding billing month no later than the tenth (lOth) day of each month. 6.1.3 FKAA shall pay OGDEN the Base Fee reflected in said invoice, less any disputed amounts between the parties and amounts paid by FKAA for electrical service, on the thirtieth (30th) day of that month. 6.2 Adjustments to the annual Base Fee shall be determined in accordance with Appendix B. 6.3 Any other compensation payable to OGDEN is due within thirty (30) calendar days of FKAA's receipt and approval of OGDEN's invoice, or as specified in a Change Order. 6.4 In the event that a material change in the scope of Services provided by OGDEN occurs, FKAA and OGDEN will negotiate a commensurate adjustment in Base Fee if OGDEN can reasonably demonstrate such need, and such need is supported by documentation reasonably satisfactory to FKAA. 6.5 FKAA may, and reserves the right to, withhold all or part of any payment for the failure of OGDEN to fulfill any material obligation, or a repeated and persistent failure to fulfill any obligation, found in this Agreement. If the Executive Director of FKAA determines that OGDEN has failed to fulfill any material obligation, or OGDEN has repeatedly and persistently failed to fulfill any obligation, FKAA will provide OGDEN with written notice of its intent to withhold all or part of any payment. OGDEN shall have ten (10) calendar days Key Largo Wastewater Treatment System Operation & Maintenance Agreement 15 of 33 1 1 1 I ] J J J J l [ r [ [ [ [ r f from its receipt of the notice from FKAA to commence the remedy of its failure, and shall not receive payment until OGDEN has promptly performed the obligation. In addition, FKAA reserves the right to withhold from any payment"any disputed amounts between OGDEN and FKAA. FKAA will pay all other amounts due as provided herein. 6.6 FKAA shall pay simple interest at an annual rate of six (6%) percent on undisputed payments not paid to OGDEN within sixty (60) calendar days of the payment due date, such interest accruing from the due date of the payment. No interest shall accrue on payments made to OGDEN within thirty (30) calendar days of the payment due date. ARTICLE 7 Manner of Performance 7.1 OGDEN is, and shall be, in the performance of this Agreement, an independent contractor, and not an employee or agent of FKAA. All persons engaged in the performance or . provisions of Services under this Agreement, either as an employee of OGDEN or subcontractor, shall at all times, and in all places, be subject to OGDEN's sole direction, s~pervision, and control. Except as otherwise expressly provided herein, this Contract and the provisions hereof are for the exclusive benefit of the parties hereto and is not for the benefit of any third party. OGDEN shall exercise control over the means and manner in which its employees and subcontractors perform or provide the Services under this Agreement. 7.2 OGDEN represents that it has, or will, secure at its own expense, all necessary personnel required to perform the Services under this Agreement. Personnel of OGDEN shall not be employees of or have any contractual relationship with FKAA, nor shall such personnel or employee of OGDEN be entitled to any benefits from FKAA, including but not limited to, pensions and health and worker's compensation benefits. 7.3 OGDEN shall provide to FKAA, within thirty (30) calendar days of the commencement of operation of the treatment plant, a staffmg plan clearly designating the number of OGDEN, or OGDEN Affiliate, employees and titles of each person, OGDEN or its Affiliates will employ to provide the required Services under this Agreement. Any such plan shall include the name, responsibility, authority, and qualifications of each such employee. OGDEN shall amend the staffmg plan as necessary throughout the term of this Agreement to insure that it accurately reflects the composition of OGDEN's personnel. 7.4 OGDEN represents that any employee permanently assigned to the Key Largo Wastewater Treatment System as detailed in the staffing plan set forth in Section 7.3, shall be solely assigned to that system, shall have no other responsibilities, and will perform no other work for OGDEN or any of its Affiliates outside of that system without the prior written consent of FKAA. 7.4.1 Whenever FKAA determines that any person identified in Section 7.3 is incompetent, intemperate, disorderly, or insubordinate, FKAA will provide OGDEN with written notice of FKAA's determination. OGDEN shall have ten (10) calendar days to investigate such matter and deliver a report to the Executive Director of FKAA Key Largo Wastewater Treatment System Operation & Maintenance Agreement 16 of 33 1 1 1 l l 1 J ", I r r r r r [' f- r- r- with its findings and recommendations. Should the Executive Director of FKAA req:uest OGDEN to remove the subject employee from the Project, OGDEN shall immediately remove that person unless it timely invokes the dispute resolution procedures of Article 12, in which case OGDEN may choose to delay the removal, if necessary, until the conclusion of mediation. OGDEN will not employ on any part of the Project any person removed in accordance with this Section 7.4 without the written consent of FKAA. If OGDEN fails to remove such person or persons, pursuant to the conclusion of the mediation that such person be removed, FKAA may withhold all payments that are or may become due, or suspend the Work until OGDEN complies with such orders. 7.5 OGDEN shall at all times comply with the provisions of the Public Records Law, Chapter 119, Florida Statutes. 7.6 OGDEN shall, with the assistance of FKAA, continuously maintain all permits, licenses, and approvals required under the Applicable Law to provide the required Services under this Agreement. Proof of all such permits, licenses, and approvals shall be submitted to FUA at least annually and upon request. 7.7 OGDEN shall comply with all Applicable Laws for the safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. Further, any additions or Repairs to the Facilities shall be subject to such safety regulations and shall be fabricated, furnished, and installed in compliance with those requirements. OGDEN and manufacturers of materials and Machinery shall be held responsible for compliance with any and all Applicable Laws. ARTICLE 8 Changes in the Scope of Services 8.1 Without invalidating this Agreement and without notice to any Surety, FKAA reserves the right to make such changes from time to time in the Facilities as may be considered necessary as a result of a Change in Law, Uncontrollable Circumstance, FKAA fault or at the discretion of FKAA. Any such change must be accomplished by means of appropriate written Change Orders subject to Article 10. 8.2 If the change in the Facilities gives rise to any extra or additional work or Services not originally contemplated by this agreement, FKAA and OGDEN will negotiate a price for that work and Services. Where the costs are negotiated, OGDEN will submit an estimate to FKAA in terms of labor, Materials, equipment, overhead, and other expenses incurred solely as a result of the extra or additional work. 8.2.1 The portion of the cost for equipment shall be based on the Blue Book Rental Rate for Construction Equipment, published by the Machinery Information Division of K-II Directory Corporation (version current at the time of the work) in accordance with the following: Key Largo Wastewater Treatment System Operation & Maintenance Agreement 17 of 33 1 1 1 1 I I 1 -1 , I I l _ r r r r r r r r r 8.2.1.ICosts shall be provided on an hourly basis. Hourly rates for equipment being operated or on standby shall be established by dividing the Blue Book rates by 176. The itemizing rates in the columns labeled "Weekly", "Daily", or "Hourly", shall not be used. 8.2.1.2 Rates shall be adjusted using regional adjustments and rate adjustment tables according to the instructions in the Blue Book. 8.2.1.3Equipment required to be idled and on standby shall be at 50% of the Blue Book Ownership cost only. No more than eight (8) hours of standby time each day will be considered for payment. 8.2.IANo additional overhead on equipment costs will be allowed. 8.3 Where a price cannot be negotiated for such extra or additional work or sery~ces, FKAA will pay in accordance with the following criteria: 8.3.1 Labor - Payment will be based upon the actual -costs of the labor extended on the extra or additional work plus a markup of twenty percent (20 % ). 8.3.2 Material and Machinery - Payment will be based upon the actual costs directly related to the extra or additional work plus a markup of fifteen percent (15%). 8.3.3 Equipment - Payment for OGDEN owned Equipment will be paid as described in Section 8.2, plus a markup of seven and one half percent (7.5%). Payment for rented equipment shall be based upon the invoice cost, plus a markup of seven and one half percent (7.5%). 8.304 Subcontractor Markup - FKAA will allow a markup of ten percent (10%) on the first $50,000 and a markup of five percent (5%) on any amount over $50,000 on any subcontract work directly related to the extra or additional work. 8.3.5 General Liability & Bond - FKAA will allow a markup of one and one half percent (1.5 %) on the overall total cost of the extra or additional work for insurance and bond. 8 A The referenced markups in 8.3.1 through 8.3.5 include all indirect costs such as increased home office and jobsite overhead, labor burden, and profit. No other compensation for these indirect costs will be allowed. ARTICLE 9 Claims 9.1 When OGDEN deems that extra compensation is due for Services, work, Materials, or Machinery not clearly covered in this Agreement, caused by an Uncontrollable Circumstance, a Change in Law, FKAA fault, or ordered by FKAA, OGDEN shall notify FKAA in writing of its intention to make a claim for extra compensation; before beginning the Key Largo Wastewater Treatment System Operation & Maintenance Agreement 18 of 33 J 1 ] J J J J 1 I ---' L f [ r [ [ [ fOO f" f' claimed work. If OGDEN does not give such notification and does not afford FKAA proper opportunity for keeping strict account of the actual costs, then OGDEN waives its claim for such extra compensation. OGDEN's notice and FKAA's account of the costs does not establish the validity of the claim or the method for computing any compensation of such claim. If FKAA determines that the claim is valid, payment will be made as provided in Article 8. 9.2 The Base Fee may only be changed by a written Change Order from FKAA. 9.3 Notice of the extent of the claim with supporting data shall be delivered within thirty (30) calendar days after such occurrence (unless FKAA allows, in writing, an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by OGDEN's written statement and explanation of the claim together with a statement that the adjustment claimed is the entire adjustment to which OGDEN has reason to believe it is entitled as a result of the occurrence of said event. 9.4 FKAA shall determine in writing all claims for adjustment of the Base Fee, or fqr additional compensation in accordance with this Article. No claim will be valid if not submitted in strict accordance with the requirements of this Article. 9.5 Additional work, Services, Materials or Machinery caused by an Uncontrollable Circumstance, a Change in Law, FKAA fault, or ordered by FKAA, beyond the control of OGDEN or its Subcontractors, material persons, suppliers, or vendors, shall be compensable under this Agreement. Any additional compensation and/or adjustment to the Base Fee must be granted through a written Change Order issued by FKAA in accordance with the terms and conditions of this Agreement, but only upon documentation and substantiation of such amounts by OGDEN. ARTICLE 10 Change Orders 10.1 Changes to the Base Fee, the scope of Services, and the performance of additional or extra work, shall be authorized only by written Change Orders approved and issued by FKAA. 10.2 OGDEN shall not undertake any additional or extra work, or Services, until a Change Order setting forth the adjustments, compensation, and other applicable terms is approved in writing by FKAA. FKAA may request quotations from OGDEN for any such work; however, FKAA ' s request for quotations shall not be considered authorization to proceed with the work prior to the issuance of a formal Change Order. Quotations from OGDEN shall include substantiating documentation with an itemized breakdown of OGDEN and subcontractor costs, including labor, Material, Machinery, equipment, rentals, approved Services, overhead and profit, in accordance with Article 8. FKAA may require detailed cost data in order to substantiate the reasonableness of the proposed costs. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 19 of 33 J J J J J i .....J I L L L [ [ [ [ [ [ r f" 10.3 Any compensation paid in conjunction with the terms of a negotiated Change Order shall comprise total compensation due OGDEN for the work or alteration defmed in the Change Order. By signing the Change Order; OGDEN acknowledges that the stipulated compensation includes payment for the interruption of schedules, extended overhead, delay, disruption, inefficiency, and any other impact claim or ripple effect, and by such signing OGDEN specifically waives any reservation or claim for additional compensation in respect to the subject Change Order. 10.4 On approval of any Change Order increasing the Base Fee, OGDEN shall ensure that the performance bond and guaranty is each increased accordingly. 10.5 In the event that FKAA and OGDEN are unable to agree upon a particular Change Order, FKAA may issue the Change Order unilaterally, and OGDEN shall proceed with the work as set forth therein. The issuance of a unilateral Change Order by FKAA shall in no way prejudice OGDEN's rights under Article 12. ARTICLE 11 Defective Work 11.1 FKAA shall have the authority to reject or disapprove any item of Maintenance, Repair, or additional work performed by OGDEN or any of its subcontractors that FKAA fmds to be defective. If required by FKAA in accordance with Section 3.8, OGDEN shall, as directed, promptly correct all defective work or remove it from the Facilities and replace it with non-defective work. OGDEN shall bear all direct costs to correct such defective work or remove it from the Facilities and replace it with non-defective work. 11.2 Should OGDEN fail or refuse to remove or correct any such defective work or to make any necessary Repairs in an acceptable manner and in accordance with the requirements of this Agreement within the time indicated in writing in accordance with Section 3.8, FKAA shall have the authority to cause the unacceptable or defective work to be removed or corrected, or make such Repairs as may be necessary to be made at OGDEN's expense. Any expense incurred by FKAA in making these removals, corrections or Repairs, which OGDEN has failed or refused to make shall be paid for out of any monies due or which may become due to OGDEN, or may be charged against the bond or guaranty. Any special or additional work performed, as described herein, shall not relieve OGDEN in any way from its responsibility for the work performed by it. 11.3 Failure by FKAA to reject any defective work or Material shall not in any way prevent a subsequent rejection when such defect is discovered. ARTICLE 12 Dispute Resolution 12.1 OGDEN recognizes it is imperative that the operation, Maintenance, and Repair of the Facilities proceed uninterrupted and without delay. OGDEN shall carryon the required Services during the resolution of all claims, disputes, and disagreements with FKAA. No Key Largo Wastewater Treatment System Operation & Maintenance Agreement 20 of 33 J J J J J , ..J -.J I l.... L L L [ L [ ( [ I r Services shall be delayed or postponed pending resolution of any such claim, dispute, or disagreement except as FKAA and OGDEN may otherwise agree in writing. 12.2 FKAA shall issue a written determination on any claim, dispute, or disagreement that may arise during the course of this Agreement. FKAA' s determination shall be fmal and binding upon the parties unless OGDEN requests, in writing, to negotiate the claim, dispute, or disagreement pursuant to Section 12.3 within ten (10) calendar days of the written determination of FKAA. 12.3 Within thirty (30) calendar days of receipt of a written request to negotiate a claim, dispute, or disagreement, executives of both FKAA and OGDEN, at levels at least one step above the Project personnel who were involved in the claim, dispute, or disagreement, shall meet at a mutually acceptable time and place. The meeting of the executives is intended to afford the parties the opportunity to exchange relevant information and to attempt to negotiate a resolution of the claim, dispute, or disagreement. At the conclusion of the negotiation process, or the expiration of thirty (30) calendar days from the date of OGDEN's written request to negotiate, whichever is sooner, the participating FKAA executive will issue a_written summary of the negotiations, together with FKAA's decision on the claim, dispute, or disagreement. That written decision shall be final and binding upon the parties unless OGDEN requests mediation in accordance with Section 12.4 within ten (10) calendar days of the written decision. The implementation of the executive negotiation procedure under this Section shall be a condition precedent to OGDEN's commencement of litigation under this Agreement. 12.4 Upon receipt of a written request from OGDEN to initiate mediation, FKAA shall appoint an independent mediator who shall be qualified by education and/or experience on the subject matter of the claim, dispute, or disagreement at issue. OGDEN may object to FKAA's appointment, provided that the objection is both reasonable and based on a demonstration of good cause. Within twenty (20) calendar days of the appointment of the independent mediator, or within such other times as the parties may mutually agree in writing, the independent mediator shall conduct a mediation session in an attempt to reach an amicable resolution of the claim, dispute, or disagreement. In the event that the parties are unable to reach an amicable resolution within thirty (30) calendar days of the appointment of the independent mediator, the written decision of FKAA under Article 12.3 shall become final and binding upon the parties. OGDEN may, however, challenge that decision de novo by filing and serving a complaint in the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County, sitting in Key West, Florida, within sixty (60) calendar days from the date of FKAA's decision, or the conclusion of mediation under this Section, whichever is later. 12.4.1 Each party shall be responsible for the prompt payment of one-half of the fess and expenses of the independent mediator incurred pursuant to this Section. 12.4.2 To the extent permitted by law, all negotiations, statements, and positions made or taken during mediation shall be confidential and shall be treated as Key Largo Wastewater Treatment System Operation & Maintenance Agreement 21 of 33 1 1 l l j -, r r r r r r r r r r r I~' compromise and settlement negotiations for purposes of the Federal and Florida Rules of Evidence. 12.5 If no legal action is filed and served upon FKAA within sixty (60) calendar days from the date of FKAA's decision, or the conclusion of mediation under this Article, whichever is later, OGDEN waives and relinquishes all right to present a challenge to such decision. Neither the dispute resolution procedures provided under this Article, nor the filing and serving of a complaint upon FKAA within the ninety (90) calendar days shall relieve OGDEN of the requirement to promptly comply with the initial determination of FKAA and to perform any and all associated work. ARTICLE 13 Indemnity, Liability, and Insurance 13.1 In consideration of one thousand dollars ($1000.00), and other valuable consideration, separately acknowledged by OGDEN, OGDEN shall defend, indemnify, and hold harmless FKAA, its officers, directors, agents, and employees, from all claims, demands, fi,nes, damages, and expenses for bodily injury, including death, and property damage which arise out of, in connection with, or by reason of, the negligence, errors, omissions, or willful misconduct of OGDEN or any of its Subcontractors, materialmen, or suppliers, in the performance of the work or Services under this Agreement. OGDEN shall have no liability or obligation to indemnify FKAA under this Article for damages arising out of personal injury or injury to property if it is ultimately determined by an impartial tribunal, so constituted as to make such determination, that the injury or damage to person or property was caused by the sole negligence or willful misconduct of FKAA, its officers, directors, agents, and employees. Further, for good and valuable consideration, FKAA shall defend and hold harmless OGDEN, its officers, directors, agents, employees from liability to third persons, excluding any and all Subcontractors, materialmen, and suppliers, that arises out of, in connection with or by reason of (i) a challenge to the legality of the Project, or (ii) where there is no formal allegation, at anytime by any person during the course of any legal proceeding, that Ogden has improperly designed, constructed, or operated the Project, acted negligently, or otherwise failed to perform any of its obligations under this Agreement, or the Design/Build Contract. 13.2 In the event that either party seeks indemnity and/or a defense, such party shall provide notice in writing to the other party promptly upon the occurrence or happening of the event, condition or circumstance giving rise thereto, specifying in detail the event, condition or circumstance that has given rise to the indemnity claim. The party seeking indemnity and/or a defense shall provide copies of all documents in its possession relating to the claim to the other party and thereafter cooperate with and assist the other party and its insurer in the defense and resolution of the claim. 13.3 A party's obligation to indemnify, defend, and pay for the defense or at the other party's option, to participate and associate with the other party in the defense and trial of any damage claim or suit, and any related settlement negotiations, arises within seven (7) calendar days of the party's receipt of the other party's notice of claim for indemnification. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 22 of 33 '- L l- OGDEN's obligation to defend and indemnify FKAA within seven (7) calendar days of receipt of such nqtice is not excused because of OGDEN's inability to evaluate liability, or because OGDEN denies liability or deems FKAA to be solely or willfully negligent. Only a final adjudication or judgment finding FKAA solely or willfully negligent excuses OGDEN from the performance of this obligation. If a judgment finding FKAA solely or willfully negligent is appealed and the fmding of sole willful negligence is reversed, then OGDEN is obligated to indemnify FKAA for the cost of the appeal(s). L I I L 13.4 OGDEN shall not permit any laborer's, materialmen's, mechanic's or other similar liens to be filed or otherwise imposed on any part of the Facilities or the property on which the work and Services are performed as a result of OGDEN's failure to pay Subcontractor's or other persons performing portions of work or Services.in accordance with the relevant subcontract or agreement. If any such lien or claim is filed, OGDEN agrees to indemnify, save harmless and, at FKAA's option, defend FKAA, its officers, agents and employees, from and against any claims, losses, demands, causes of actions, liability or suits of whatever nature arising out of or based upon the liens or claims. If OGDEN does not cause s~cb lien or claim to be released or discharged (by payment, bonding or otherwise-and as promptly as possible), FKAA shall have the right, after notice to OGDEN, to pay all sums reasonably necessary to obtain such release or discharge and deduct all amounts so paid from the Base Fee and any monies due to OGDEN. L L L L L L L L L L L L L L 13.5 OGDEN shall defend against and be liable for all fmes or civil penalties that may be imposed by a regulatory body for any violations that are a result of OGDEN's, or any of its Subcontractors', negligence, errors, or omissions under this Agreement. In the event that such fines or civil penalties are caused entirely by an Uncontrollable Circumstance or a Change in Law, OGDEN will be relieved of its obligation and liability under this Section 13.5, provided that OGDEN has given FKAA prompt notice of the threatened imposition or assessment of any such fme or civil penalty and thereafter provides all documents, information, and assistance reasonably requested by FKAA to defend against such threatened fines or civil penalties. FKAA shall defend against and be liable for all fines or civil penalties that may be imposed by a regulatory body for any violations that are the result of (i) the occurrence of an Uncontrollable Circumstance, or (ii) a Change in Law. 13.6 In carrying out any of the provisions of this Agreement, or in exercising any authority granted by the Agreement, there will be no personal liability upon any public official of FKAA, employee, agent or representative. 13.7 The indemnification provided above shall obligate the indemnifying party to defend at its own expense to and through the appellate, supplemental or bankruptcy proceeding, or, at the indemnified party's option, to provide for such defense of any and all claims of liability and all suits and actions of every name and description that may be brought against the indemnified party under the circumstances, but subject to the limitations, provided above in this Article. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 23 of 33 l L L L L L L L L L L L L l l l l l l 13.8 Each party shall obtain and maintain insurance coverage and performance bonds of a type and in the amounts described in Appendix C. Each party shall name the other party as an additional insured on all insurance policies covering the Facilities and shall provide the other party with satisfactory proof of insurance. 13.9 Each party hereby waives, and shall require all its subcontractors to waive, all rights of recovery against the other, its Affiliates, officers, directors, agents, and employees, which rights of recovery such party may have or may acquire pursuant to deductible clauses in, or inadequacy of limits of, any policies of insurance that are in any way related to the Work and that are secured by such party. 13.10 OGDEN shall furnish a performance guarantee from Ogden Energy Group in the form set forth in Appendix C. ARTICLE 14 Re-use 14.1 The parties expressly recognize the desirability of implementing a reclaimed water re-use system on this Project. Therefore, OGDEN agrees that it will operate and maintain the Facilities in such a manner that will both facilitate the addition of a re-use system in the future and minimize the expense associated with the implementation of such a system. 14.2 Should FKAA implement a re-use system during the term of this Agreement, OGDEN shall perform all work related to the design, construction, operation, and Maintenance of the re-use system in accordance with the terms and conditions of this Agreement. FKAA and OGDEN shall negotiate compensation and the completion time in accordance with the provisions of Articles 8 and 9, and FKAA shall issue written Change Orders as are necessary. Similarly, FKAA and OGDEN shall negotiate compensation for operation, Maintenance, and Repair of the reuse system in accordance with the provisions of Article 10. 14.3 The approved uses, application sites, quantities, assurances of long-term re-use of reclaimed water, conditions under which re-use may take place, and recipients of re-use water shall be determined by FKAA, consistent with FDEP requirements, based upon are-use feasibility study to be completed by OGDEN under the Design/Build Contract. FKAA and OGDEN will mutually establish delivery procedures and payment provisions that will govern the operation, Maintenance, and Repair of any re-use system by OGDEN throughout the entire term of this Agreement. Such delivery procedures shall address the reclaimed water quality, disinfection, storage, distribution, monitoring, and application rates as well as the handling of reject water. If re-use is to implemented by mutual agreement of OGDEN and FKAA, the construction and operation of the re-use system would be incorporated into the Facilities without precluding OGDEN from maintaining operation and Maintenance schedules and associated requirements. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 24 of 33 ARTICLE 15 Termination.- FKAA 15.1 The following shall give FKAA the right to terminate this Agreement with OGDEN: , L_ 15.1.1 Should OGDEN (a) persistently fail to perform the Services required under this Agreement, (b) materially and repeatedly cause the work to be rejected as defective, (c) cause any material portion of the Facilities to be rejected by any governmental entity, (d) discontinue its operation and Maintenance of the Facilities, or (e) persistently fail or refuse to promptly make any or all necessary repairs, including repairing work found to be defective; L, I I L.. I L 15.1.2 Should OGDEN become insolvent, be declared bankrupt, make an assignment for the benefit of creditors, or fail to pay subcontractors or suppliers promptly in accordance with the terms of its subcontracts; or L L I 15.1.3 Should OGDEN fail to pay required taxes (unless being disputed pursuant to Applicable Laws), or fail to maintain required insurance, bond, or guarantee, or otherwise fail to pay any of its material obligations under this Agreement, or otherwise repudiates the terms of this Agreement. L L L L L L L L L 15.2 If the Executive Director of FKAA reasonably determines in his sole discretion that OGDEN has met any of the criteria ,specified in section 15.1, FKAA may give notice in writing to OGDEN and its Surety of such delay, neglect or default, specifying the same. Should OGDEN, within a period of (10) business days after such notice, not proceed in accordance therewith, or fail to cure the default or defect or otherwise commence the cure thereof and diligently pursue the same to completion, then the Executive Director of FKAA may terminate the Services of OGDEN, exclude OGDEN from the Sites and take the operation and Maintenance of the Facilities out of the hands of OGDEN, and appropriate or use any or all Materials, equipment, and Machinery at the Facilities as may be suitable and acceptable. 15.3 In the event of a termination under Section 15.2 above, OGDEN shall not be entitled to receive any further payment from FKAA. 15.4 In the event of a termination under Section 15.2 above, FKAA may enter into a separate contract for the performance of the Services according to the terms and provisions of this Agreement or use such other methods as in its opinion shall be required for the performance of the Services in an acceptable manner. The parties expressly agree that the prohibition against the claim for or recovery of consequential damages under Section 18.20 does not bar the recovery of the additional direct costs necessarily incurred by FKAA in hiring a replacement contractor or additional costs of future operations of the Facilities in the event of an OGDEN default. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 25 of 33 L L L L L L L L L L l L l l L L L L L 15.5 In the event of a termination under Section 15.2 above, all damages, costs and charges incurred by FKAA shall be deducted from any monies due or which may become due to OGDEN. Actions will be instituted to recover on the posted bonds and guaranty. 15.6 Should OGDEN contest a termination under Section 15.2 above, and it is determined that OGDEN was not in default, OGDEN shall be entitled to receive payment from FKAA for the work satisfactorily completed and expenses incurred to the point of termination; reasonable resolution of subcontractor, supplier and vendor commitments that had become due prior to the date of termination; demobilization of OGDEN's equipment, materials, and personnel; and the relocation of OGDEN's employees if necessary. FKAA's liability under this Section shall specifically exclude all claims for lost profits and consequential, special, or other damages not otherwise specifically set forth herein. This Section sh~ll not apply if it is determined by a court of competent jurisdiction that FKAA acted in bad faith in terminating OGDEN under Section 15.2. 15.7 If either an Uncontrollable Circumstance, or Change in Law, shall occur relative to a material obligation of OGDEN under this Agreement, or if an Uncontrollable Circumstance or Change in Law shall occur relative to the obligations or the ability of FKAA to continue performance under this Agreement, and such circumstance or event, or the effect thereof, shall continue for a period of sixty (60) calendar days, FKAA, upon notice to OGDEN, may terminate this Agreement forthwith, and neither party shall incur any further liability or obligation other than to pay for the Work satisfactorily completed and expenses incurred to the date of notification of the termination. No claim for loss of anticipated profits will be considered. 15.8 Should FKAA lose funding for the Facilities, or if a grant of funding is reduced or terminated, through no fault of FKAA, then FKAA may terminate the Agreement upon seven (7) calendar days written notice to OGDEN (delivered by certified mail, return receipt requested), with no further liability or obligation to OGDEN other than to pay for the Work satisfactorily completed up to the date of notification of termination. If, however, the grant of funding is reduced or terminated due to some fault or negligence on the part of FKAA, OGDEN shall be entitled to receive compensation as set forth in Section 15.6. 15.9 In the event FKAA exercises its rights under this Article, OGDEN will be entitled to no other compensation, including without limitation, no other payment for lost profits and indirect, consequential, special, or other damages. Payment by FKAA under the Article, and acceptance of those amounts by OGDEN, shall constitute a waiver of all claims by OGDEN and shall release FKAA from all claims and all liability to OGDEN for all things done or furnished in connection with the Services and for every act of FKAA and others relating to or arising out of the Facilities. Unless otherwise agreed to in writing by FKAA, no other than a default payment shall operate to release OGDEN or its Sureties from obligations under this Agreement, the guaranty, warranties, and the performance bond. 15.10 Upon receipt of notice of termination, OGDEN shall promptly discontinue all Services unless the notice of termination directs otherwise and deliver or otherwise make Key Largo Wastewater Treatment System Operation & Maintenance Agreement 26 of 33 ( [ [ L [ L L L L L L [ ( I I I I I I available to the FKAA all data, drawings (including as built drawings), specifications, reports, estimates, summaries and such other information as may have been required by this Agreement whether completed or in process. ARTICLE 16 OGDEN's Right to Stop Work or Terminate Agreement 16.1 OGDEN shall have the right, upon fifteen (15) business days written notice to FKAA, to stop Work or terminate this Agreement and immediately commence an action against FKAA upon the occurrence of any of the following: 16.1.1 Should FKAA fail to review and approve, or state in writing its reasons for its non-approval of, any application for payment within forty-five (45) calendar days after it is presented to FKAA by OGDEN for payment. 16.1.2 Should FKAA fail to make payment to OGDEN of amounts over which there is no bonafide dispute within sixty (60) calendar days after the time provided in Article 6 for such payments to be made. 16.2 FKAA shall have the right to make any required payment, or state in writing the reasons for non-approval of any application for payment, within the fifteen (15) business day period, which shall preclude OGDEN's right to terminate this Agreement. It is further agreed that OGDEN may not stop the Work, or terminate this Agreement, if there exists a bonafide dispute over whether any such payment is actually due. 16.3 In the event of OGDEN's termination of this Agreement under this Article 16, FKAA shall pay to OGDEN the amounts specified in Section 15.6. ARTICLE 17 Emergencies & Hurricane Precautions 17.1 During such periods of time as are designated by the United States Weather Service as being a hurricane watch or warning, or in the event of another emergency affecting the safety or protection of persons, the Facilities, or property adjacent thereto, or to avoid imminent environmental contamination, OGDEN, at no cost to the FKAA and without special instruction or authorization from FKAA, shall take all precautions necessary to respond to all threatened events, to prevent or minimize such threatened damage, injury or loss. 17.2 Compliance with any hurricane watch or warning precautions specific to the Florida Keys will not constitute additional work. 17.3 In the event of any emergency condition involving the Facilities which is found by the FKAA to present a significant, immediate danger to public health, whether the cause of OGDEN or otherwise, and OGDEN is either unable or unwilling to correct such condition, FKAA may replace OGDEN without notice during the emergency condition, provided that at the conclusion of any such condition, OGDEN shall be reinstated by FKAA. Provided further, however, that FKAA shall not be obligated to reinstate OGDEN at the conclusion of the Key Largo Wastewater Treatment System Operation & Maintenance Agreement 27 of 33 L L L L L L L L L L L L L L L l L L L emergency condition and may terminate this Agreement if OGDEN's inability or unwillingness to correct _ such condition itself constitutes grounds for termination of this Agreement as provided under Section 15.1. OGDEN shall not be entitled to any compensation for the time in which it was removed. 17.3.1 If the emergency condition is found to have been caused by the fault, or negligence, of OGDEN, OGDEN shall be liable for the costs incurred by FKAA in replacing OGDEN, remedying the emergency condition, and Repairing any damage caused thereby, or making compensation to FKAA or other governmental entity, the Facilities, or any effected third party. ARTICLE 18 Miscellaneous Agreement Provisions 18.1 ROYALTIES AND PATENTS: All fees, royalties, and claims for any invention, or invention, or patent of any article, material, arrangement, appliance or method that may be used upon or in any manner be connected with the construction of this Project or appurtenances, are hereby included in the prices stipulated in this Agreement for said Project. 18.2 DATUM: All elevations are referred to as National Geodetic Vertical Datum (N.G.V.D.) of 1929, or such datum identified in the Design-Build Criteria Package. 18.3 OWNERSHIP OF DOCUMENTS: Drawings, specifications, designs, models, photographs, computer electronic discs, reports, surveys, and other data provided in connection with this Agreement are and shall become and remain the property of FKAA, but subject to any conditions or limitations upon use thereof to the extent the intellectual property rights therein are owned by third parties whether the Project for which they are made is executed or not. Prior to the conclusion of the term of this Agreement, there shall be established a record set of as built plans and specifications, both electronically and on full size Mylar drawings, which shall bear the approval of OGDEN. In the event of termination of this Agreement, any reports, photographs surveys, and other data and documents prepared by OGDEN, whether fmished or unfinished, shall become the property of FKAA and shall be delivered by OGDEN to FKAA within fourteen (14) calendar days of OGDEN's receipt of notice of the termination. If applicable, FKAA may withhold any payments then due to OGDEN until OGDEN complies with the provisions of this section. 18.4 RECORDS: OGDEN shall keep such records and accounts and require any and all architects, consultants and Subcontractors to keep records and accounts as may be necessary in order to record the operation, Maintenance, and Repair of the Facilities during the term of this Agreement. Such records and accounts will be available at reasonable times for examination and audit by FKAA and for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit fmdings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit fmdings. If the Florida Public Records Act is Key Largo Wastewater Treatment System Operation & Maintenance Agreement 28 of 33 L [ [ l L L L [ [ L [ [ [ l [ ( l l l determined by OGDEN to be applicable to OGDEN's records, OGDEN shall comply with all requirements thereof; however, OGDEN and FKAA shall violate no confidentiality or non- disclosure requirement of either federal or state law. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for FKAA' s disallowance and recovery of any payment upon such entry. 18.5 NO CONTINGENT FEE: OGDEN warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for OGDEN to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working solely for OGDEN, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, FKAA shall have the right to terminate this Agreement without liability at its discretion, to deduct from the Base Fee, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 18.6 REPRESENTATIVE OF FKAA AND OGDEN: -Jt is recognized that questions in the day-to-day conduct of the Services will arise. FKAA shall designate and shall advise OGDEN in writing of one (1) or more representatives to whom all communications pertaining to day-to-day conduct shall be addressed. OGDEN shall likewise inform FKAA in writing of the representative of OGDEN to whom matters involving the day-to-day conduct shall be addressed. The parties shall provide notice of their respective representatives designated under this Section 37.6 within five (5) days after the Limited Notice to Proceed. 18.7 ALL PRIOR AGREEMENTS SUPERSEDED: This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 18.8 OCCUPATIONAL SAFETY REQUIREMENTS: OGDEN shall take all precautions necessary for the protection of life, health, and general occupational welfare of all persons, including employees of both OGDEN and FKAA. OGDEN shall at all times comply with applicable Federal, State, and local laws, provisions, and policies governing safety and health, including 29 CFR 1926, including all subsequent revisions and updates. 18.9 TRUTH-IN-NEGOTIATION: Signature of this Agreement by OGDEN shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original Base Fee and any additions thereto shall be adjusted to exclude any significant sums, by which FKAA determines the Base Fee, or any subsequent Change Order, Key Largo Wastewater Treatment System Operation & Maintenance Agreement 29 of 33 r r r r r r r r r r r r r r r r r f- r was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such Agreement adjustments shall be made within one (1) year following the end of this Agreement. 18.10 INTERPRETATION: The parties hereto acknowledge and agree that the language used in this Agreement expresses their mutual intent, and no rule of strict construction shall apply to either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to the particular sentence, paragraph or Section where they, appear, unless the context requires otherwise. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections and subparagraphs of such Section or Article, unless the reference is expressly made to a particular subsection or subparagraph of such Section or Article. 18.11 CONDITION PRECEDENT TO AGREEMENT: It is understood by the parties to this Agreement that all duties and obligations as set forth herein for the design and construction phases of the Project (with accompanying Support Facilities if applicable), including the issuance of any notice to proceed, are contingent upon and shall not be binding upon FKAA until such time as OGDEN has obtained all necessary permits, authorizations, and approvals of whatever nature from the appropriate governmental entities or regulatory bodies that may be required for the commencement of the construction of the Project. The parties hereto acknowledge that as of the date of execution of this Agreement certain necessary governmental approvals, including, but not limited to, those matters set forth above, may not have been obtained by OGDEN in order to lawfully commence the Project. FKAA shall not be responsible or liable for any damages of any nature whatsoever, including but not limited to, direct, indirect, consequential, impact or other costs and expenses, which may arise as a result of, or connected to, the failure of any governmental entity, refusing to grant any necessary approval, permit, variance or any other required consent which may be necessary to commence construction of the Project, - or which may arise as a result of any delay in the granting of any such approval, permit, variance or other required consent. 18.12 PUBLIC ENTITY CRIME STATEMENT: OGDEN represents that the execution of this Agreement will not violate Section 287. 133(2)(a), F.S., ("Public Entity Crimes Act") which provides, in part, that a person or Affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or Services to FKAA, may not submit a bid on a contract with FKAA for the construction or Repair of a public building or public Work, may not submit bids on leases of real property to FKAA, may not be awarded or perform Work as a contractor, supplier, Subcontractor, or consultant under a contract with FKAA, and may not transact business with FKAA in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by OGDEN shall result in termination of Key Largo Wastewater Treatment System Operation & Maintenance Agreement 30 of 33 r [ [ [ [ [ [ (" [ [ I r r I I" r I" r' I this Agreement by FKAA without penalty. In addition to the foregoing, OGDEN further represents that there has been no determination, based on an audit, that it committed an act defmed by Section 287.133 Florida Statutes, as lipublic entity crime" and that it has not been formally charged with committing an act defmed as a "public entity crime" regardless of the amount of money involved or whether OGDEN has been placed on the convicted vendor list. 18.13 JOINT PREPARATION: The preparation of this Agreement has been a joint effort of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other by virtue of the fact that it may have been physically prepared by one party or its attorneys. 18.14 SEVERANCE: In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remainillg provisions shall continue to be effective unless it effects material obligations of FKAA or OGDEN, or if FKAA elects to terminate this Agreement or renegotiate its terms. The election to terminate this Agreement based upon this provision shall be made within seven (7) business days after the fmding by the court becomes fmal. 18.15 WAIVER: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 18.19 CONFLICTS: Neither OGDEN nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with OGDEN's loyal and conscientious exercise of judgment related to its performance under this Agreement. OGDEN agrees that none of its employees shall, during the term of this Agreement, serve as an adverse or hostile expert witness against FKAA in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her opinion, which is adverse or prejudicial to the interests of FKAA in any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding regarding this Agreement. In the event OGDEN is permitted to utilize Subcontractors to perform any Services required by this Agreement, OGDEN agrees to prohibit such Subcontractors, by written contract, from having any conflicts as within the meaning of this section. 18.20 CONSEQUENTIAL DAMAGES: Neither party shall be liable to the other for special, incidental, consequential, or punitive damages. For the purposes of this Contract the parties expressly agree that the additional costs incurred by FKAA in hiring a replacement contractor or additional costs of future operations of the Facilities in the event of an OGDEN default are direct damages and are not considered special, incidental, consequential, or punitive damages. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 31 of 33 ( ( [ I I I I I . I I I I' I- I 1"- I I I 18.21 OGDEN expressly guarantees that for the term of this Agreement, subject to the terms, conditions, and limitations of liability stated therein, the Facilities as operated and maintained by OGDEN will meet or exceed the performance standards set forth in this Agreement and the Applicable Laws. The parties agree that, other than expressly provided in this Contract, there are no implied warranties, including without limitation, any implied warranty of fitness for a particular purpose or implied warranty of merchantability . 18.22 The maximum aggregate amount of damages that may be recovered by FKAA against OGDEN and Ogden Energy Group, Inc. in the event of a default by OGDEN under this Agreement, or a default by Ogden Energy Group, Inc. under the guaranty, shall be ten million ($10,000,000,00) dollars. 18.23 SUCCESSORS AND ASSIGNS: The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Both parties indicate their approval of this Agreem~nt by their signatures below. Key Largo Wastewater Treatment System Operation & Maintenance Agreement 32 of 33 I ( [ ( I I ( I I I I I I I' I" -- I' I' I' IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in counterparts each of which shall, without proof or accounting for the other counterpart be deemed an original Agreement. WITNESSES: OGDEN WATER SYSTEMS OF KEY LARGO, INC.: 9ffJ~~v )/1 iAJ ~c/r, I~ , ( - ..7)- /7 (~JJ & ~1- d ~{J !l@ By Title Ei--e w-h v t \f I ce.. .po- 51 d evd- Date J'u '0e- \ 4-, d-oO 0 Florida Keys Aqueduct Authority By ATTEST: Title Date Clerk Key Largo Wastewater Treatment System Operation & Maintenance Agreement 33 of 33 I~"- ( I" I I I I f I I ," I I I I I I I , APPENDIX A Facilities Characteristics and Qoeratin2 Reauirements A.l OGDEN will operate Facilities so that effluent will meet the requirement of all applicable permits. A.2 The treatment means and methods shall meet, or exceed, permitted effluent standards. OGDEN shall provide treatment unit processes to treat influent wastewater in order to comply with all Advanced Wastewater Treatment (A WT) effluent permitted effluent standards, and operate and maintain unit processes and equipment designed and constructed by OGDEN to assure that A WT effluent permitted effluent standards are met. '" A.3 OGDEN shall be responsible for assuring that odor control equipment, machinery and other processes are maintained and operated throughout the entire Facilities, insluding the treatment plant and vacuum stations to minimize odor complaints. A.4 OGDEN shall be responsible for stabilizing and dewatering class A sludge in compliance with all state and federal regulations and permits. Notice of Claims A.5 OGDEN shall notify the FKAA in writing of all incidents, events, or injuries arising out of OGDEN's performance under this Agreement which may involve or create liability for FKAA, or which may result in a claim, penalty, or fine against OGDEN of twenty thousand dollars ($20,000.00) or more, including but not limited to, claims, penalties, or fines relating to violations of the Applicable Laws, pollution at, on, or near the Facilities, workplace injuries, and injuries to third parties. All notices to FKAA under this section shall be provided promptly, and in no event shall such notice be provided after forty eight (48) hours of OGDEN learning of the same. ~w v r r r r r r r r- r r' r r-- r- " I I r' I I APPENDIX B BASE FEE ADJUSTMENT FORMULA The base fee set forth in Section 6.1 of the Agreement shall be subject to an automatic adjustment under the following methodology on an annual basis as follows: An amount derived by the percentage change in the Gross Domestic Product Implicit Price Deflector Index as published by the United States Department of Commerce annually, and authorized by the Florida Public Service Commission. . . . ~~ f ["- (- [" (' r" (" (' I r- r- 1-- I-- I' I I I I I APPENDIX C INSURANCE COVERAGE OGDEN shall obtain and maintain the following types of insurance coverages, in the following amounts: 1. Statutory workers' compensation as defined by Chapter 440, Florida Statutes, encompassing all operations contemplated by this Agreement for all of employees, owners, and officers of OGDEN. The Employers Liability policy shall have a minimum limit of $5,000,000.00 per accident. 2. Comprehensive general liability insurance, with coverage;. to apply to the premises and/or operations, products and/or completed operations, indep~ndent contractors, contractual liability, and broad form property damage exposures with minimum limits of Five Milljsm Dollars ($5,000,000.00). :' _ 3. Comprehensive automobile liability insurance, with coverage to apply to owned vehicles and/or hire and non-owned vehicles and employee non-ownership use with minimal limits of $1,000,000.00 CSL (combined single limit). 4. Umbrella/Excess liability insurance with minimum limits of $30,000,000.00. 5. A performance bond in an amount of Ten Million Dollars ($10,000,000.00), guaranteeing the performance of each and every matter and thing to be performed, kept, and done by OGDEN under this Agreement in the form attached to this Appendix C. 6. A performance guarantee from Ogden Energy Group, Inc. in the form attached to this Appendix C. FKAA shall maintain: 1. Property damage insurance for all property owned by FKAA and operated by OGDEN under this Agreement, with any property including equipment not properly or fully insured being the financial responsibility of FKAA, 2. Liability insurance for all equipment owned by FKAA and operated by OGDEN under this Agreement. ~ r r' r [ [ [ L [ 1 L [ [ [- [ l [ l [ l l PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, That: Ogden Water Services Key Largo, Inc. 40 Lane Road, Fairfield, NJ 07007 (hereinafter called the Principal) .' ' as Principal, and Federal Insurance Company, of 15 Mountain View Road, P.O. Box 1515, Warren, New Jersey, 07037-1515, a corporation organized under the laws of the State of New Jersey (hereinafter called the Surety), as Surety, are held and firmly bound unto Florida Keys Aq~duct Authority (hereinafter Obligee), in the sum of ($ '_) for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of ,20_ WHEREAS, the Principal entered into a certain Contract with Obligee dated 20 , for the operation, maintenance, and repair of the wastewater treatment and collection system for Key Largo, Florida, in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done, and performed, at the times and in the manner in said Contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal. then this obligation shall be null and void, otherwise it shall remain in full force and effect subject, however, to the following conditions: 1. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. lof2 L L L L l l l l 2. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein, or the heirs, executors, administrators, or successors 'of the Obligee. , j,. L L l l l l 1 1 1 1 Ogden Water Services Key Largo, Inc. By: Its: Federal Insurance Company By: Its: 20f2 [ L L L L L L l l l l l l L L L L L L GUARANTY OF OGDEN ENERGY GROUP, INC. This GUARANTY is dated as of ,2000 (this "Guaranty") and is made by Ogden Energy Group, Inc., a corporation (the "Guarantor") to the Florida Keys Aqueduct Authority ("FKAA"). As a condition precedent to the obligations of FKAA under a certain DesignfBuild Contract (lnd Operations & Maintenance Agreement, dated as of even date herewith between Ogde!l Water Services of Key Largo, Inc. (the "Company") and FKAA (collectively referred to .~:.,the "Contracts"), FKAA has requested the Guarantor to guarantee the obligations of the Compail)' under the Contracts. In consideration of the foregping, and for other good and valuable consideration received, the Guarantor agrees with FKAA as follows: Section 1. Definitions. All capitalized terms not defined in this Guaranty shall have th~:'roeaning given to those terms in the Contracts. Section 2. Guarantee. . The Guarantor hereby absolutely and unconditionally guarantees to FKAA, for its benefit and that of its permitted successors and assigns under the Contracts, the full and prompt performance of all obligations of the Company under the Contracts in accordance with the terms and conditions therein except as released or excused thereunder. The parties agree that upon performance by the Guarantor hereunder, the Guarantor shall be subrogated to the rights of the Company under the Contracts. Section 3. Absolute and Unconditional Guarantee: Survival of OblilZations. The obligations of the Guarantor to guarantee performance of the obligations of the Company under the Contracts, as it may be amended by Change Orders, renewed or extended from time to time in accordance with itsh'.rms and conditions, shall be absolute, unconditional, present and continuing guarantee of performance including payment of liquidated damages owed by the Company to FKAA for delay, subject to the limit thereof set forth in the Contracts, and is not a guarantee of payment or collectability except as payment or collectability may be a performance requirement under the Contracts, and shall remain in full force and effect so long as any obligations of the Company under the Contracts are unfulfilled. Section 4. Notice Requirements. Guarantor's obligations shall be subject to FKAA providing Guarantor written notice of any default of the Company in performing any obligation for which FKAA is seeking Guarantor's performance. Guarantor shall cure such default within five (5) business days after receipt by Guarantor of written notice thereof specifying the nature of such default; provided that should a default occur that reasonably requires more than five (5) business days to cure (an "Extended Default"), Guarantor shall commence to cure such Extended Default and diligently prosecute such cure to completion, subject to the cure periods specified in the Contracts therefor as if, for this purpose, Guarantor is the Company under the Contracts. Subject to the following sentence, any such cure period of Guarantor hereunder for an Extended Default shall be of equal duration to the cure period of the Company under the Contracts for such default, commencing upon receipt by Guarantor of notice as provided above. In no event shall 1 of 5 L L L L L L L L L L L L L L L l L L L the obligations of Guarantor hereunder exceed the obligations Guarantor would have had if it were itself a party to the Contracts, and Guarantor shall have all rights and defenses, set-offs, counter claims, reductions, diminutions or limitations of Company under the tenns of the Contracts, other than any such rights and defenses, set-offs, counter claims, reductions, diminutions or limitations arising from or based upon Company's status (including, without limitation, bankruptcy or insolvency proceedings affecting Company, any defect in Company's power, authorization, execution, delivery or any other corporate fonnality with respect to the Contracts, or Company's lack of good standing, tax status or like matter). Section 5. b-ctions. The obligations hereunder are joint and several, and independent of the obligations of the Company or its Surety, and a separate action or actions may be brought and prosecuted against t~le Guarantor, whether action is brought against tq.e Company or its Surety or whether the Company or its Surety may be joined in any such action or actions. The Guarantor waives any right to require FKAA to (a) proceed against the Company or its Surety; (b) proceed against or exhaust any security held from the Company; or (c) pursue any other rein~dy in FKAA' s power whatsoever. Section 6. Waiver. No delay on the part of FKAA in the exercise of any right, power or privilege under the documentation with the Company or under this Guaranty shall operate as a waiver of any such right, power or privilege. No waiver, amendment, release or modification of this Guaranty will be established by conduct, custom or course of dealing, but solely by an instrument in writing duly executed by the party against whom that waiver, amendment, release or modification is sought to be enforced. Section 7. Representations and Warranties. The Guarantor represents and warrants on the date of execution hereof that: CA) Qrganization and Powers. The Guarantor is a corporation, organized and existing under the laws of the State of Delaware and has all requisite power and authority to perfonn all of its obligations under this Guaranty. (B) Authorization. The execution, delivery and perfonnance by the Guarantor of this Guaranty has been duly authorized by all necessary action and this Guaranty constitutes a legal, valid and binding obligation of the Guarantor enforceable in accordance with its terms, subject to bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application relating to the enforcement of creditors ' rights and general principles of equity. (C) Comoliance with Laws and Contracts. The execution, delivery and perfonnance by the Guarantor of this Guaranty does not and will not: (i) violate any provision of any law, rule, regulation, order, writ, judgment, injunction, decree, detennination or award as currently in effect to which the Guarantor is subject; or (ii) result in a breach of or constitute a default under the provisions of any indenture, loan or credit agreement or any other agreement, lease or instrument, to which the Guarantor is subject or by which it, or its property, is bound. 20f5 [ [' [' L L l L L L L L [ I I I I I I I (D) Governmental Approvals. The Guarantor has obtained all authorizations, consents, approvals, licenses, exemptions of or filings or registrations, with all commissions, boards, bureaus, agencies and instrumentalities, domestic or foreign, available as of the date hereof, necessary for the due execution, delivery and performance by the Guarantor of this Guaranty. (E) Litigation. There are no actions, suits or proceedings pending (except for actions, suits or proceedings which may have been filed but for which no notice has been received by, or process served upon, the Guarantor) or, to the knowledge of the Guarantor, threat~:ned against the Guarantor or any of its property, before any court, arbitrator or governmental department, commission, board, bl;1reau, agency or instrumentality which, if determined adversely to the Guarantor, would singly or in the aggregate, have a material adverse effect on the ability of the Guarantor to perform its obligations under this Guaranty that have not been disclosed in writing to FKAA. Section 8. Modification of this Guaranty. No amendment, modification or waiver of ani'provision of this Guaranty shall be effective unless the same shall be in writing and signed by FKAA Section 9. Events of Default. Guarantor shall be in default of this Guaranty upon the occurrence of the following events: (i) the default of the Company with respect to any of its obligations guaranteed hereunder and the failure or refusal of the Guarantor to perform or cause the performance of such 0bligations in accordance with Section 4 hereof, (ii) the Guarantor shall become insolvent or make an assignment for the benefit of creditors, (iii) if a petition in bankruptcy or for corporate reorganization or for an arrangement be filed by or against the Guarantor, (iv) the apP('liltment of a receiver for the Guarantor or its properties, and (v) a judgment is obtained or 'varrant of attachment issued against the Guarantor that the Guarantor does not appeal or conk st in. good faith. Upon the occurrence of an event of default all or any part of any of the obhgations and liabilities of the Guarantor to FKAA, whether direct or contingent, and of every kind and description, shall, without notice or demand, at the option of FKAA, become immediately due. Section 10. Severability. In case anyone or more of the provisions of this Guaranty shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired hereby. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. Section 11. Governing Law. This Guaranty shall be governed by the applicable laws ofthe ,State of Florida. 30f5 [ [ [- [' l L l 1 1 1 I I I I I I I I I Section 12. Dispute Resolution. (A) Trial Court Venue. Any litigation which may arise by and between FKAA and the Guarantor shall be commenced and/or maintained in the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County, Florida, sitting in Key West, Florida, or other appropriate state court in and for Monroe County, Florida, and Monroe County, Florida, shall be the exclusive venue for any such original action, subject to the rights of the parties to seek appellate review in the appropriate court. (B) Attornev's Fees. The Guarantor agrees to pay reasonable attorneys' fees and all other expenses which may be incurred or expended by FKAA in the enforcement of the Company's or its Surety's obligations and/or of this Guaranty, whether suit ,be brought or not, and in the event suit is brought, then for all services in trial and appellate courts. Section 13. Notices. Any notices or communications required or permitted hereunder shalLbe in writing and shall be sufficiently given if telexed or cabled, delivered in person, or sent by certified or registered mail, return receipt requested, postage prepaid, as follows: If to the Guarantor: Ogden Energy Group, Inc. 40 Lane Road, CN 2615 Fairfield, New Jersey 07007-2615 Attention: President with a copy to the Senior Vice President and General Counsel If to FKAA: The Florida Keys Aqueduct Authority 1100 Kennedy Drive, Post Office Box 1239, Key West, Florida 33041-1239. Attention: Executive Director with a copy to: Deputy Director and General Counsel Any party may make changes in the respective addresses to which such notices may be directed from time to time by written notice to the other party. All other notices shall be deemed to have been given upon receipt. 40f5 [ [ [- [' [ ( [ [ l ,- t (- (- (-' I.' r r r I I Section 14. Headings. The captions in this Guaranty are for convenience of reference only and shall not define or limit the provisions hereof. IN WITNESS WHEREOF, the Guarantor has duly authorized the execution and delivery of this Guaranty as of the date first above written. OGDEN ENERGY GROUP By: Title: 50f5 L L L L L L L( L L L L L L L I I I-- I , Appendix 0 OGDEN WATER TREATMENT SUPPORT SERVICE INC. POLICY ON SUBSTANCE ABUSE NOTICE TO EMPLOYEES Ogden Water Treatment Support Services Inc., is concerned about the health and safety of its employees and customers. An employee under the influence of illegal drugs or alcohol poses serious risks not only to themselves but also to fellow employees. The possession, use or sale of an illegal drug or alcohol in the workplace is dangerous to our employees and contrary to our business interest. In keeping with the spirit and intent of the Federal Drug- Free Workplace Act of 1988, the Company has established the following substance abuse policy and will administer it with fairness and respect to each employee. ,,: The provisions of this policy apply to all current and prospective Ogden Water Treatment Suppp.rt Services Inc. employees, subject to applicable federal, state and local laws. 1..' .' The Company prohibits the use, sale, possession, distribution, transfer, dispensation or manufacture of illegal drugs on Company or customer premises and/or working under their influence. The Company also prohibits the consumption of alcohol on Company or customer premises and/or working under its influence. Because the use of illegal drugs is against the law and can impair an employee's ability to perform hislher job or affect the Company's reputation or that of its customers, employees are expected to refrain from the sale, use, possession, distribution, transfer, dispensation or manufacture of illegal drugs during non-working hours. All employees are required to report to their jobs in appropriate mental and physical condition, ready to work. Employees who may be impaired because of taking medication prescribed by a physician are required to notify their supervisor before commencing work that day. 2. Violation of this substance abuse policy will subject an employee to disciplinary action, which may include discharge, at the sole discretion of the Company. 3. The Company has implemented a drug testing progr<3;ID to detect the presence of certain controlled substances, including, but not limited to: 1. Amphet!lmines 2. Barbiturates 3. Opiates 4. Marijuana 5. Cocaine Cd~ r r r [< ( I r' r' I I 1-' r r I I I I I , This program is applicable to all employees in Ogden Water Treatment Support Services Inc. · Pre-employment - all applicants for employment are required to provide a urine sample to determine the presence of illegal drugs to the body. · Post-accident - employees may be subject to testing for illegal substances and! or alcohol as part of the investigation following an accident. . Reasonable Suspicion - employees must submit to drug and!(i)r alcohol testing when there is reasonable suspicion that he/she has violated the prohibitions contained in this policy. A reasonable suspicion determination must be based ,- on specific, contemporaneous articulable observations concerning the appearance, behavior, speech or body odor of the employee. The observations may include inaications of the chronic and withdrawal effects of drugs. Applicants who test positive for illegal substances are not eligible for employment. Applicants who refuse to take the drug test will be considered ineligible for employment. Employees who test positive for illegal substances or being under the influence of alcohol are subject to disciplinary action, which may mclude discharge, at the sole discretion of the Company. Employees who refuse testing are subject to disciplinary action, which may include discharge, at the sole discretion of the Company. In certain instances, a second drug test may be conducted to confirm the results of the first test. Management reserves the right to change this policy in accordance with legal requirements and Company policy. November 11, 1996 I I I I I I I a I I I I I I I I I I I OGDEN WATER TREATMENT SUPPORT SERVICES INC. DRUG SCREENING AUTHORIZATION CURRENTE~~LOYEEFO~~ PLEASE READ CAREFULLY I, , a current employee of Ogden Water Treatment Support Services Inc. (hereinafter referred to as "the Company"), understand that as a condition of continued employment, I must voluntarily agree to abide by the Company's policy on substance abuse, a copy of which has been provided to me. I ooderstand that the policy on substance abuse provides for urine screening tests ooder certain circumstances and I understand that positive test for drugs will render me ine\igible for continued employment. I certify. that I bave read this form, or it bas been read to me, that I fully understand its contents and that I ani voltintarily consenting to provide a urine sample for the above mentioned drug test. I aclmowledge tha'i!""y withdraw this consent at any time but I aclmowledge that withdrawing the consent will render me meligible for continued employment. I certify that I bave read the Company's policy on substance abuse, or it bas been read to me, and that I fully understand the policy and the rights of the Company concerning its enforcement. In consideration of my continued employment with the Company and my personal desire for a safe work environment, I hereby volootarily give my consent to the Company to collect urine specimens from me testing for controlled substances, in accordance with the terms and conditions in the Company's policy on substance abuse. I hereby release Ogden Water Treatment Support Services Inc. and the medical examiner(s) from all legal responsibility and liability arising out of the screening tests or the information obtained through the screening tests. Further, I give my consent for the release of the test results to the appropriate Company official for whatever use the Company deems appropriate. This agreement will remain in effect for the duration of my employment with Ogden Water Treatment Support Services Inc. Dated this day of .20 Witness Employee's Signature --------------------------------------------------------- I hereby refuse to take a drug screen test. Dated this day of ,20 Witness Employee's Signature I I I I I I I I I I I I I I I I I I I OGDEN WATER TREATMENT SUPPORT SERVICES INC. DRUG SCREENING AUTHORIZATION PRE_ElVlPLOYMENT FOR~'l I, understand that as a condition of employment with Ogden Water Treatment Support Services Inc. (hereinafter referred to as "the Company"), I must voluntarily consent to and satisfactorily complete the Company's pre-employment drug test to determine the presence of certain illegal substances in the body. As a candidate for employment, I understand that the presence of one or more of certain substances will disqualify me from further consideration of employment. I certify that I have read this fonn, or it has been read to me, that I fully understand its contents and that I am voluntarily consenting to provide a urine sample for the above mentioned drug Jest. I aclmowledge that I may withdraw this consent at any time, but aclmowledge that in withdrawing the consent, I am vol~ntarily withdrawing my application for employment and that I will not be employed by the Company. I certifY that I have received and read a copy of the Company's policy on substance abuse, or it has been r~d to me, that I fully understand its contents and agree to abide by the terms and conditions of that policY-if! am hired. I further acknowledge that if I am hired, I agree that this authorization will remain in effect for the duration of my employment with the Company, and that I am again required to submit to a drug test as set forth by the Company's policy on substance abuse. I understand that refusal to take the drug test, or a positive drug test result, will render me ineligible for continued employment. I agree to release the infonnation obtained through any drug tests by medical examiners to the appropriate Company official. I authorize the Company to conduct, through its designated medical examiner(s), drug screening tests as outlined in the Company policy, and I hereby release Ogden Water Treatment Support Services Inc. and the medical exarniner(s) from all legal responsibility and liability arising out of the screening tests or the infonnation obtained through the screening tests. Dated this day of .20 Witness Applicant's Signature --------------------------------------------------------- I hereby refuse to take a drug screen test. Dated this day of ,20 Witness Applicant'S Signature L l L L l I I I I I I I I I I I I I I APPENDIX E W ASTEW A TER MANAGEMENT FACILITIES 1. Consistent with Monroe County growth management policies, Project facilities shall be designed to accommodate the wastewater treatment plant flows listed in the tabulation given below. The treatment plant shall meet Class I reliability criteria. Standby power, odor control, and protection for Flood Zone V shall be provided. Flow on an Annual Basis Parameter C~?onaceous Biochemical Oxygen Demand (CBOD5) Annual A vera e Total Suspended Solids Annual Avera e Total Nitrogen, expressed as N Annual A vera e Total Phosphorus, expressed as P Annual A vera e Microbiolo ical o erational Criteria 5 milligrams per litre er litre 3 milliO"rams er litre 2. The collection/transmission system shall provide for transmISSIon of both minimum scouring flow and peak hourly flow to the treatment plant consistent with sound engineering practice. Traffic bearing lids shall be provided for vacuum pits. Standby power, odor control, negative buoyancy for vacuum pits, and vacuum station and pumping station protection for Flood Zone V shall be provided. The selection of the size or capacity rating of collection/transmission components shall be limited as follows: Facilities shall be provided and appropriately sized to serve existing developed properties throughout the entire Project service area; additional capacity to accommodate service allowed under the County's growth management policies shall be provided; manufacturers' recommendations shall be followed; and sound engineering practice shall be used. Compliance with all local, state, and federal environmental protection policies, ordinances, rules, regulations, and statutes shall be required. 3. The deep injection well disposal system shall be provided in accordance with Class I well construction specifications as established in Department of Environmental Protection rules. The well system shall include redundancy such that the entire permitted flow can be injected while any part of the system is not being used. ~ [ L L L L L L L l L L L 1 I I I 1 I I APPENDIX F :MEMORANDUM OF SERVICE, COMMENCEl\1ENT DATE As provided by the terms of the Operations and Maintenance Agreement between the undersigned parties, it is hereby understood, agreed, and established that (i) the Service Commencement Date is: ,20 -' and (ii) the term of the Operations and Maintenance Agreement shall run from: , 20 through ,20 n,'_" 'WITNESSES: OGDEN WATER SERVICES KEY LARGO, INC.: By Title Date Florida Key Aqueduct Authority By Title Date ***************** lAM [" [ [' L " L L l l 1 L l 1 I I I I I I I APPENDIX G CHANGE ORDER AGREEMENT Florida Keys Aqueduct Authority Contract No.: Operation and lVIaintenance of the Wastewater Change Order No.: Treatment System Servicing Key Largo, Florida Ogden Water Systems Key Largo, Inc. Design/Builder , , , The following changes to the Base Fee are hereby made part of the Agreement: I. ORIGINAL BASE FEE $ Increase from all previous Change Orders $ Increase of this Change Order $ The Current Base Fee including this Change Order $ II. ADDITIONAL COMPENSATION Due OGDEN under this Change Order $ III. ADDITIONAL WORK OR SERVICES AUTHORIZED BY THIS CHANGE ORDER All requirements of the original Agreement shall remain in full force and effect except as modified herein. Work or services affected by this Change Order are subject to all provisions of the original Agreement not specifically changed by this Change Order. FKAA and OGDEN agree that the sum agreed to in this Change Order constitutes a full and complete settlement of the issues set forth in this Change Order. OGDEN accepts the terms of this Change Order as full compensation for all costs of equipment, manpower. materials, overhead, profit, and delay damages, and for all its costs, whether direct or indirect, or whether incurred now or in the future, related to the issues set froth in this Change Order. ACCEPTED BY DESIGN/BUILDER: APPROVED BY FKAA: Title: Date: Title: Date: CNJj f I [ [ ( [ ( [ I I r- I- I' f- r r APPENDIX H UNILATERAL CHANGE ORDER Florida Keys Aqueduct Authority Contract No.: Operation and Maintenance of the Wastewater Change Order No.: Treatment System Servicing Key Largo, Florida Ogden Water Systems Key Largo, Inc. Design/Builder The following changes to the Base Fee are hereby made part of the Agreement: 1. ORIGINAL BASE FEE $ Increase from all previous Change Orders $ Increase of this Change Order $ The Current Base Fee including this Change Order $ II. ADDITIONAL COMPENSATION Due OGDEN under this Change Order $ III. ADDITIONAL WORK OR SERVICES AUTHORIZED BY THIS CHANGE ORDER All requirements of the original Contract Documents shall remain in full force and effect except as modified herein. Work affected by this Change Order is subject to all provisions of the original Contract Documents not specifically changed by this Change Order. By acceptance of this change order OGDEN does not waive any rights it may have under the Contract Documents. APPROVED BY FKAA: Title: Date: CftI [ r [ ( ( I I I I I I I I I I I I I , Appendix I Ogden Water Systems of Key Largo, Inc. Operations and Maintenance Invoice Key Largo Central Wastewater System Florida Keys Aqueduct Authority 1100 Kennedy Drive Key West, Florida 33040 Invoice No. Date Ref: Contract 4004-00 Terms: net thirty (30) days .' For operations and maintenance of Key Largo Wastewater Facility for the month of Contracted monthly amount for operations and maintenance $ Adjustments: Electrical service Othe~-adjustments + (-) Amount due for current month 1 I $ Information certified by OWSKL: Recommended for payment by FKAA: Assistant Director of Environmental Services Operations Manager Date Date Approved for payment by FKAA: Deputy Executive Director Date y{h/ Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Jeb Bush Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED ... 07Z1OQ Mr. Roger Braun, Executive Director Florida Keys Aqueduct Authority P.O. Box 1239 1100 Kennedy Drive Key West, FL 33041 Re: CS 12060206P - Florida Keys Aqueduct Authority State Revolving Fund Preconstruction Loan Dear Mr. Braun: David B. Struhs Secretary I am very pleased to provide a State Revolving Fund loan for the Key Largo wastewater management system. Enclosed is one fully executed original of the loan agreement. You and all of the Monroe County Commissioners are congratulated on your exemplary efforts to eliminate the numerous inadequate on-site treatment and disposal systems in Key Largo. I am impressed with the initiative and leadership that you all have shown in dealing with a very difficult problem. Sincerely, ~~.~~ ~ Kir y B Green, '" Deputy ecretary KBG/rws Enclosure r cc: Senator Bob Graham Senator Connie Mack Governor Jeb Bush Mayor Shirley Freeman Mayor Pro Tem George Neugent Commissioner Wilhelmina Harvey Commissioner Mary Kay Reich Commissioner Nora Williams EPA Regional Administrator John Hankinson "More Protection, Less Process" Printed on recycled paper. EXECUTIVE OFFICE RECEIVED - - WI I. .211 ..,.",~r" ."......... ... ""~"--.;:;. .-\ \ ". .~ STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND FLORIDA KEYS AQUEDUCT AUTHORITY, FLORIDA CLEAN WATER STATE REVOLVING FUND 'LOAN AGREEMENT CS12060206P Florida Department of Environmental Protection Bureau of Water Facilities Funding Twin Towers Office Building 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 -. .. i I . , . .. CLEAN WATER STA TE REVOLVING FUND LOAN AGREEMENT CONTENTS PAGE ARTICLE I - DEFINITIONS 1.01. WORDS AND TERMS. 1.02. CORRELATIVE WORDS. 1 3 ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. 2.02. LEGAL AUTHORIZATION. 3 5 ARTICLE III - LOAN REPAYMENT ACCOUNTS 3.01. LOAN DEBT SERVICE ACCOUNT. 6 3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS. 6 3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS. 6 3.04. LOAN REPAYMENT RESERVE ACCOUNT. (RESERVED) 6 3.05. LOAN REPAYMENT RESERVE WITHDRAWALS. (RESERVED) 6 3.06. RESTORATION OF LOAN REPAYMENT RESERVE ACCOUNT. (RESERVED) 6 3.07. INVESTMENT OF LOAN REPAYMENT RESERVE MONEYS. (RESERVED) 6 3.08. ASSETS HELD IN TRUST. 6 ARTICLE IV - PROGRAM INFORMATION 4.01. PROJECT CHANGES. 4.02. TITLE TO PROJECT SITE. 4.03. PERMITS AND APPROVALS. (RESERVED) 4.04. ENGINEERING SERVICES. (RESERVED) 4.05. PROHIBITION AGAINST ENCUMBRANCES. (RESERVED) 4.06. COMPLETION MONEYS. 4.07. CLOSE-OUT. 4.08. LOAN DISBURSEMENTS. 7 7 7 7 7 7 8 8 ARTICLE V - RATES AND USE OF THE SEWER SYSTEM (RESERVED) 5.01. RATE COVERAGE. (RESERVED) 5.02. NO FREE SERVICE. (RESERVED) 5.03. MANDATORY CONNECTIONS. (RESERVED) 5.05. MAINTENANCE OF THE SEWER SYSTEMS. (RESERVED) 5.04. NO COMPETING SERVICE. (RESERVED) 5.06. ADDITIONS AND MODIFICATIONS. (RESERVED) 5.07. COLLECTION OF REVENUES. (RESERVED) 9 9 9 9 9 9 10 . " I . , .. i CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT CONTENTS PAGE ARTICLE VI - DEFAULTS AND REMEDIES 6.01. EVENTS OF DEFAULT. 6.02. REMEDIES. 6.03. DELAY AND WAIVER. 10 10 11 ARTICLE VII - THE PLEDGED REVENUES 7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. 7.02. ADDITIONAL DEBT OBLIGATIONS. (RESERVED) ARTICLE VIII - GENERAL PROVISIONS 8.01. DISCHARGE OF OBLIGATIONS. 8.02. RECORDS AND STATEMENTS. 8.03. ACCESS TO PROJECT SITE. 8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. 8.05. AMENDMENT OF AGREEMENT. 8.06. ANNULMENT OF AGREEMENT. 8.07. SEVERABILITY CLAUSE. 11 11 12 12 12 12 12 13 13 ARTICLE IX - CONSTRUCTION CONTRACTS AND INSURANCE (RESERVED) 9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS. (RESERVED) 13 9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS. (RESERVED) 13 9.03. INSURANCE REQUIRED. (RESERVED) 13 ARTICLE X - DETAILS OF FINANCING 10.01. PRINCIPAL AMOUNT OF LOAN. 10.02. LOAN SERVICE FEE. 10.03. INTEREST AND GRANT ALLOCATION ASSESSMENT RATES. 10.04. LOAN TERM. 10.05. REPAYMENT SCHEDULE. 10.06. PROJECT RELATED COSTS. 10.07. SCHEDULE OF ACTIVITIES. 10.08. SPECIAL CONDITIONS. 13 13 14 14 14 15 15 17 ARTICLE XI - EXECUTION OF AGREEMENT ~I, t , . " CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT CS12060206P THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the Florida Keys Aqueduct Authority (Local Government) existing as a local governmental agency under the laws of the State of Florida. WITNESSETH: WHEREAS, pursuant to Section 403.1835, Florida Statutes, the Department is authorized to make loans to local government agencies to finance the planning, design, and construction of wastewater pollution control facilities; and WHEREAS, the Local Government has made application for the financing of Preconstruction Activities, and the Department has determined that all requirements for a loan have been met. NOW, THEREFORE, in consideration of the Department loaning money to the Local Government, in the principal amount and pursuant to the covenants hereinafter set forth, it is agreed as follows: ARTICLE I - DEFINITIONS 1.01. WORDS AND TERMS. Words and terms used herein shall have the meanings set forth below: (I) "Agreement" or "Loan Agreement" shall mean this agreement. (2) "Authorized Representative" shall mean the official of the Local Government authorized by ordinance or resolution to sign documents associated with the Loan. (3) "Capitalized Interest" shall mean the indebtedness accruing on the Loan before the 20 year repayment period begins and it is financed as part of the Loan principal. (4) "Construction Related Costs" shall mean costs for construction, equipment, materials, demolition, contingency, legal and technical service costs incurred after construction bid opening, and the incremental portion of the Loan repayment reserve disbursement and Capitalized Interest associated with the foregoing costs. (5) "Depository" shall mean a bank or trust company, having a combined capital and unimpaired surplus of not less than $50 million, authorized to transact commercial banking or savings and loan business in the State of Florida and insured by the Federal Deposit Insurance Corporation. 1 , . , I (6) "Grant Allocation Assessment" shall mean an assessment, expressed as a percent per annum, accruing on the unpaid balance of the Loan. It is computed similarly to the way interest charged on the Loan is computed and is included in the Semiannual Loan Payment. The Department will use Grant Allocation Assessment moneys for making grants to financially disadvantaged small communities pursuant to Section 403.1835 of the Florida Statutes. (7) "Gross Revenues" shall mean all grant funds, income or earnings received by the Local Government from activities related to potential ownership of Sewer Systems, including investment income, all as calculated in accordance with generally accepted accounting principles. (8) "Loan" shall mean the amount of money to be loaned pursuant to this Agreement and subsequent amendments. (9) "Loan Application" shall mean the completed form which provides all information required to support obtaining loan financial assistance from the Department. (10) "Loan Debt Service Account" shall mean an account, or a separately identified component of a pooled cash or liquid account, with a Depository established by the Local Government for the purpose of receiving and accumulating Pledged Revenues and making Semiannual Loan Payments. (11) "Loan Repayment Reserve Account" (RESERVED) (12) "Loan Service Fee" shall mean an origination fee which shall be paid to the Department by the Local Government. (13) "Monthly Loan Deposit" (RESERVED) (14) "Operation and Maintenance Expense" (RESERVED) (15) "Pledged Revenues" shall mean the specific revenues pledged as security for repayment of the Loan and shall be the proceeds of the borrowing undertaken by the wastewater enterprise account from the surplus reserve of the water system account otherwise described as Preliminary Costs Borrowing. At the Local Government's option, such other funds as may be available from grants or other revenue sources may be used to fulfill its obligations under this Loan Agreement. The pledge is junior and subordinate to the repayment obligation of the Preliminary Costs Borrowing to the water system as required by Resolution 00-06 of the Local Government. (16) "Preconstruction Activities" shall mean the planning, administrative, and engineering work necessary for the Local Government to qualify for a Clean Water State Revolving Fund loan to finance construction of wastewater transmission, collection, reuse, and treatment facilities. The nature of the preconstruction work is generally described in the schedule presented in Section 10.07. 2 , I . " , (17) "Project" shall mean the construction of facilities planned and designed through the Preconstruction Activities and financed by an amendment to this Agreement. The Project consists of a wastewater collection system and transmission system, an advanced wastewater treatment facility, and treated effluent disposal system. The Project shall be defined more specifically when the Agreement is amended. The Project is not an Equivalency Project for Title II Requirements of the Federal Clean Water Act; however, it is an Equivalency Project as defined in Chapter 62-503, Florida Administrative Code, for certain Federal requirements identified in the Loan Application and commonly referred to as "cross-cutters". However, there is no requirement to comply with Federal Davis-Bacon wage rates. (18) "Semiannual Loan Payment" shall mean the payment due from the Local Government to the Department at six-month intervals, and it is comprised of principal, interest, and Grant Allocation Assessment. In addition, the Loan Service Fee and all of the associated interest are deducted from the first two payments. (19) "Sewer System" shall mean all facilities to be located in Key Largo that will be owned by the Local Government for collection, transmission, treatment and disposal of wastewater and its residuals. 1.02. CORRELATIVE WORDS. Words of the masculine gender shall be understood to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural and the word "person" shall include corporations and associations, including public bodies, as well as natural persons. ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. The Local Government warrants, represents and covenants that: (1) The Local Government has full power and authority to enter into this Agreement and to comply with the provisions hereof. (2) The Local Government currently is not the subject of bankruptcy, insolvency, or reorganization proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative regulation, judgment, decree, note, resolution, charter or ordinance which would currently restrain or enjoin it from entering into, or complying with, this Agreement. (3) There is no material action, suit, proceeding, inquiry or investigation, at law or in equity, before any court or public body, pending or, to the best of the Local Government's knowledge, threatened, which seeks to restrain or enjoin the Local Government from entering into or complying with this Agreement. 3 c . , . . , . - (4) The Local Government knows of no reason why any future required permits or approvals associated with the Project are not obtainable. (5) The Local Government shall undertake Preconstruction Activities and the Project on its own responsibility, to the extent permitted by law. (6) To the extent permitted by law, the Local Government shall release and hold harmless the State, its officers, members, and employees from any claim arising in connection with the Local Government's actions or omissions in its planning, engineering, administrative, and construction activities financed by this Loan or in its operation of Project facilities. (7) All Local Government representations to the Department, pursuant to the Loan Application and Agreement, were true and accurate as of the date such representations were made. The financial information delivered by the Local Government to the Department was current and correct as of the date such information was delivered. The Local Government shall comply with Chapter 62-503, Florida Administrative Code, and all applicable State and Federal laws, rules, and regulations which are identified in the Loan Application or Agreement, including Items (0) through (t) and (v) under Part III(2) of the Loan Application. To the extent that any assurance, representation, or covenant requires a future action, the Local Government shall take such action as is necessary for compliance. (8) The Local Government shall maintain records using Generally Accepted Governmental Accounting Principles established by the Governmental Accounting Standards Board. As part of its bookkeeping system, the Local Government shall keep accounts of the Sewer System separate from all other accounts and it shall keep accurate records of all revenues, expenses, and expenditures relating to the Sewer System and of the Pledged Revenues and Loan Debt Service Account. (9) In the event the anticipated Pledged Revenues are shown by the Local Government's annual budget to be insufficient to make the Semiannual Loan Payments for such Fiscal Year when due, the Local Government shall include in such budget other legally available funds which will be sufficient, together with the Pledged Revenues, to make the Semiannual Loan Payments. Such other legally available funds shall be budgeted in the regular annual governmental budget and designated for the purpose provided by this Subsection, and the Local Government shall collect such funds for application as provided herein. The Local Government shall notify the Department immediately in writing of any such budgeting of other legally available funds. Nothing in this covenant shall be construed as creating a pledge, lien, or charge upon any such other legally available funds, or requiring the Local Government to levy or appropriate ad valorem tax revenues, or preventing the Local Government from pledging to the payment of any bonds or other obligations all or any part of such other legally available funds. (10) Beginning with the Fiscal Year in which the Loan Agreement is executed and continuing for each year thereafter until the Loan is retired, the Local Government shall submit annual audit reports to the Department. The audits shall be conducted under the Office of Management and Budget Circular A-133 if applicable based on the expenditure amount of Loan proceeds. If an audit under Circular A-133 is not applicable, the audit shall be conducted under 4 '. I :" Section 11.45, Florida Statutes. Regardless of which type of audit is conducted, such audits shall address at a minimum the Local Government's financial condition, accounts of the Water and Sewer Systems or other sources generating the Pledged Revenues, Loan disbursements received and Project expenditures (if any), and compliance with the Loan Agreement covenants. Beginning with the Fiscal Year of the first Semiannual Loan Payment, the scope of audits shall encompass the Loan Debt Service Account and Loan Repayment Reserve Account. The Local Government shall cause its auditor to notify the Department immediately if anything comes to the auditor's attention during the annual examination of the Local Government's records that would constitute a default under the Loan Agreement. (11) Within 12 months of the amendment establishing final project costs, the Local Government shall submit to the Department a separate audit report, by an independent certified public accountant, of the Loan related revenues and expenditures. The audit shall be conducted in accordance with Government Auditing Standards issued by the Comptroller General of the United States. The audit shall address whether the Local Government complied with requirements set forth in the Loan Agreement, including applicable State and Federal laws and regulations referenced in Subsection (7) above. The audit findings shall set aside or question any costs that are unallowable under Chapter 62-503, Florida Administrative Code. A final determination of the allowability of such costs shall be made by the Department. (12) Each year, beginning three months before the first Semiannual Loan Payment and ending with the year during which the final Loan repayment is made, the Local Government's Authorized Representative or its chief financial officer shall submit, no later than the date established in Section 10.07, a certification that: (a) Loan Debt Service Account contains the funds required; and (b) insurance, including that issued through the National Flood Insurance Program authorized under 42 D.S.C. secs. 4001-4128 when applicable, is in effect for the facilities generating the Pledged Revenues, and adequately covers the customary risks to the extent that such insurance is available. (13) Pursuant to Section 216.349 of the Florida Statutes, the Local Government shall not use the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a State agency. (14) The Local Government agrees to complete the Preconstruction Activities in accordance with the schedule set forth in Section 10.07. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable control of the Local Government are excepted. However, there shall be no resulting diminution or delay in the Semiannual Loan Payment. (15) The Local Government agrees to complete the Project according to project schedules and other conditions relating to repayment of borrowed moneys to be added to this Agreement by amendments. (16) The Local Government covenants that this Agreement is entered into for the purpose of completing planning, engineering, and administrative activities in order to construct facilities, which will, in all events, serve a public purpose. 5 f. . " . 2.02. LEGAL AUTHORIZATION. Upon signing this Agreement, the Local Government's legal counsel covenants that: (I) This Agreement has been duly authorized by the Local Government and shall constitute a valid and legal obligation of the Local Government in accordance with its terms upon execution by both parties; and (2) This Agreement specifies the revenues pledged for repayment of the Loan, and the pledge is valid and enforceable. ARTICLE ill - LOAN REPAYMENT ACCOUNTS 3.01. LOAN DEBT SERVICE ACCOUNT. The Local Government shall establish a Loan Debt Service Account with a Depository and, no later than the date set forth in Section 10.07 unless the date is tevised by amendment of this Agreement, deposit sufficient moneys to ensure payment of all Semiannual Loan Payments. 3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNJ' MONEYS. Moneys on deposit in the Loan Debt Service Account shall be invested pursuant to the laws of the State of Florida. Such moneys may be pooled for investment purposes. The maturity or redemption date of investments shall be not later than the date upon which such moneys may be needed to make Semiannual Loan Payments. 3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS. The withdrawal of moneys from the Loan Debt Service Account shall be for the purpose of making the Semiannual Loan Payment or for discharging the Local Government's obligations pursuant to Section 8.01. However, investment earnings may be withdrawn for any lawful purpose provided that the Loan Debt Service Account retains sufficient Pledged Revenues to ensure payment of all Semiannual Loan Payments. 3.04. LOAN REPAYMENT RESERVE ACCOUNT. (RESERVED) 3.05. LOAN REPAYMENT RESERVE WITHDRAWALS. (RESERVED) 3.06. RESTORATION OF LOAN REPAYMENT RESERVE ACCOUNT. (RESERVED) 3.07. INVESTMENT OF LOAN REPAYMENT RESERVE MONEYS. (RESERVED) 3.08. ASSETS HELD IN TRUST. The assets in each of the accounts created under this Loan Agreement shall be held in trust for the purposes provided herein and used only for the purposes and in the manner 6 . . prescribed in this Agreement; and, pending such use, said assets shall be subject to a lien and charge in favor of the Department. ARTICLE IV - PROGRAM INFORMATION 4.01. PROJECT CHANGES. After the Department's environmental review has been completed, the Local Government shall promptly notify the Department, in writing, of any Project change that would require a modification to the environmental information document. 4.02. TITLE TO PROJECT SITE. No later than the dates established by Section 10.07, the Local Government shall have an interest in real property sufficient for the construction and location of any facility planned and designed through Preconstruction Activities free and clear ofliens and encumbrances which would impair the usefulness of such sites for the intended use. If a limited site title certification is accepted at that date, the Department shall establish a date for submittal of a clear site title certification by amendment. 4.03. PERMITS AND APPROVALS. (RESERVED) 4.04. ENGINEERING SERVICES. (RESERVED) 4.05. PROHIBITION AGAINST ENCUMBRANCES. (RESERVED) 4.06. COMPLETION MONEYS. The Department covenants that loan funds to finance Construction Related Costs will be made available to the Local Government at no greater than the combined rate of interest and Grant Allocation Assessment set forth in Section 10.03 provided the Local Government complies with the schedule in Section 10.07, requests and obtains a ranking of the Construction Related Costs on the fundable portion of the Department's construction loan priority list, and submits a complete Loan Application. The combined rate of interest and the Grant Allocation Assessment for the first Loan Agreement amendment to finance Construction Related Costs shall be at the rate set forth in Section 10.03. If the Department cannot accept the completed plans and specifications as meeting SRF program requirements and issue an authorization to incur Construction Related Costs by the date specified in Section 10.07 due to any failing of the Local Government, then the commitment to fund Construction Related Costs at no greater than the combined rate of interest and Grant Allocation Assessment specified in Section 10.03 shall be terminated. This will be a segmented project the funding of which would be subject to the 25% limitation of the funds allocated each year by the Department described in Rule 62- .503.600(I)(b), of the Florida Administrative Code. The Special Conditions under Section 10.08 further address the funding of potential amendments to this Loan Agreement. Full funding for 7 . .. this segmented project would be expected to be accomplished over three or more consecutive fiscal years. The combined rate of interest and the Grant Allocation Assessment for the Loan Agreement amendments after the first shall be based on the then current market rate as set forth in Rule 62-503.430 ofthe Florida Administrative Code. The tentative estimated total cumulative amount for the construction loan amendments would be for the following: Component Construction Collection/transmission Wastewater treatment Treated effluent disposal (excludes reuse) Construction management $ 1,777,000 Reclaimed water reuse contingency $ 3,350,000 Demolition contingency $ 2,400,000 Unforeseen conditions contingency $ 1,482,000 Design (included in construction) allowance $ 0 Administrative allowance (incremental) $ 410.000 Subtotal Cost $59,257,000 Capitalized Interest Loan Repayment Reserve $68,676,000 $ 5,652,000 $ 2.060.000 Total SRF Loan Loan Service Fee (includes cap. int.) $76,388,000 $ 1,462,000 In addition to the proceeds of this or subsequent Loans, the Local Government covenants that it has obtained, or will obtain, sufficient moneys from other sources to complete the Preconstruction Activities. At the time of an amendment to this Agreement for Construction Related Costs, the Local Government shall covenant that it has obtained, or will obtain, sufficient moneys from other sources, as necessary, to complete the Project. 4.07. CLOSE-OUT. The Department shall conduct a final inspection of the Project records, or the Preconstruction Activities records if this Agreement is not amended to fund Construction Related Costs. Following the inspection, deadlines for submitting additional disbursement requests, if any, shall be established, along with deadlines for uncompleted Loan requirements, if any. Deadlines shall be incorporated into the Loan Agreement by amendment. After the Department establishes the final costs to be financed by the Loan, the itemized costs will be adjusted by amendment. The Loan principal shall be reduced by any excess over the amount required to pay all approved costs. As a result of such adjustment, the Semiannual Loan Payment shall be reduced accordingly, as addressed in Section 10.05. 4.08. LOAN DISBURSEMENTS. Disbursements shall be made only by the State Comptroller and only when the requests for such disbursements are accompanied by a Department certification that such withdrawals are 8 " , ~ . . ,I proper expenditures. Disbursements shall be made directly to the Local Government for planning, engineering, and administration allowances. Requests by the Local Government for disbursements of the preconstruction funds shall be made using the Department's disbursement request form but shall not require documentation of actual costs incurred. The administrative and planning allowances and one-half of the engineering allowance shall be disbursed on request of the Local Government after the design for the U.S. Highway 1 Transmission system has been completed and after the Department has completed the environmental review. The remaining one-half of the engineering allowance shall be disbursed on request of the Local Government on a pro rata basis after the completed plans and specifications for the individual project components have been accepted by the Department. Disbursements for Construction Related Costs shall occur only as a result of an amendment to this Agreement. The following allowance amounts will be disbursed in accordance with Subsection 10.08(3) unless the allowances are reduced pursuant to Section 10.06: Milestone Event Loan Agreement executed Department completion of environmental review Department acceptance of plans and specifications Collection System U.S. Highway 1 Transmission System $ Vacuum Basins 1-3 $ Vacuum Basins 4-6 $ Vacuum Basins 7-9 $ Vacuum Basins 10-12 $ Vacuum Basins 13-15 $ Treatment Plant $ Injection Well System $ Total $ Amount 66,639 4,353 4,353 4,353 4,353 4,353 5,442 2,474 96,320 ARTICLE V - RATES AND USE OF THE SEWER SYSTEM 5.01. RATE COVERAGE. (RESERVED) 5.02. NO FREE SERVICE. (RESERVED) 5.03. MANDATORY CONNECTIONS. (RESERVED) 5.04. NO COMPETING SERVICE. (RESERVED) 9 .".'- ,',.' 5.05. MAINTENANCE OF THE SEWER SYSTEMS. (RESERVED) 5.06. ADDITIONS AND MODIFICATIONS. (RESERVED) 5.07. COLLECTION OF REVENUES. (RESERVED) ARTICLE VI - DEFAULTS AND REMEDIES 6.01. EVENTS OF DEFAULT. Each of the following events is hereby declared an event of default: (1) Failure to fully fund the Loan Debt Service Account as required or to make any installment of the Semiannual Loan Payment when it is due and such failure shall continue for a period of30 days. (2) Except as provided in Subsections 6.01(1) and (7), failure to comply with the provisions of this Agreement or failure in the performance or observance of any of the covenants or actions required by this Agreement and such failure shall continue for a period of 60 days after written notice thereof to the Local Government by the Department. (3) Any warranty, representation or other statement by, or on behalf of, the Local Government contained in this Agreement or in any information furnished in compliance with, or in reference to, this Agreement, which is false or misleading. (4) (RESERVED) (5) Any proceeding instituted, with the acquiescence of the Local Government, for the purpose of effecting a composition between the Local Government and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are payable from Gross Revenues. (6) Any bankruptcy, insolvency or other similar proceeding instituted by, or against, the Local Government under federal or state bankruptcy or insolvency law now or hereafter in effect and, if instituted against the Local Government, is not dismissed within 60 days after filing. (7) Failure of the Local Government to give immediate written notice of default to the Department and such failure shall continue for a period of 30 days. 6.02. REMEDIES. Upon an event of default and subject to the rights of others having prior liens on the Pledged Revenues, the Department may enforce its rights by any of the following remedies: (1) By mandamus or other proceeding at law or in equity to require the LocalnGovernment to fulfill this Agreement. 10 . .. II. , t ~ (2) By action or suit in equity, require the Local Government to account for all moneys received from the Department or from the potential ownership of Sewer Systems and to account for the receipt, use, application, or disposition of the Pledged Revenues. (3) By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the Department. (4) (RESERVED) (5) By notifying financial market credit rating agencies and potential creditors. (6) By suing for payment of amounts due, or becoming due, with interest on overdue payments together with all costs of collection, including attorneys' fees. (7) By accelerating the repayment schedule or increasing the interest rate, exclusive of the Grant Allocation Assessment, on the unpaid principal of the Loan to as much as 3.333 times the Loan interest rate for a default under Subsection 6.01(1). (8) By imposing six percent penalty interest accruing on any amount due and payable on the 30th day following the repayment due date in addition to charging the cost to handle and process the debt. 6.03. DELAY AND WAIVER. No delay or omission by the Department to exercise any right or power accruing upon an event of default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised as often as may be deemed expedient. No waiver or any default under this Agreement shall extend to or affect any subsequent event of default, whether of the same or different provision of this Agreement, or shall impair consequent rights or remedies. ARTICLE VII - TIlE PLEDGED REVENUES 7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT. From and after the effective date of this Agreement, the Department shall have a lien on the Pledged Revenues prior and superior to any other lien, pledge or assignment with the following exception. Any of the Pledged Revenues may be released from the lien in favor of the Department on such Pledged Revenues if the Department makes a determination, based upon facts deemed sufficient by the Department, that the remaining Pledged Revenues will equal or exceed the debt service coming due under the terms of this Agreement. 11 , . . " , , } . 7.02. ADDITIONAL DEBT OBLIGATIONS. (RESERVED) ARTICLE VIII - GENERAL PROVISIONS 8.01. DISCHARGE OF OBLIGA nONS. All payments required to be made under this Agreement shall be cumulative and any deficiencies in any Fiscal Year shall be added to the payments due in the succeeding year and all years thereafter until fully paid. Payments shall continue to be secured by this Agreement until all of the payments required shall be fully paid to the Department. If, at any time, the Local Government shall have paid, or shall have made provision for the timely payment of, the entire principal amount of the Loan, interest, and Grant Allocation Assessment, the pledge of, and lien on, the Pledged Revenues to the Department shall be no longer in effect. Deposit of sufficient cash, securities, or investments, authorized by law, from time to time, may be made to effect defeasance of this Loan. However, the deposit shall be made in irrevocable trust with a banking institution or trust company for the sole benefit of the Department. There shall be no penalty imposed by the Department for early retirement of this Loan. 8.02. RECORDS AND STATEMENTS. Books, records, reports, engineering documents, contract documents, and papers shall be available to the authorized representatives of the Department and the U.S. Environmental Protection Agency's Inspector General for inspection at any reasonable time after the Local Government has received a disbursement and before three years have elapsed after the Department's final disbursement to the Local Government. 8.03. ACCESS TO PROJECT SITE. The Local Government shall provide access to offices and other sites where Preconstruction Activities or Project work is ongoing, or has been performed, to authorized representatives of the Department at any reasonable time. The Local Government shall cause its engineers and contractors to provide copies of relevant records and statements for inspection. 8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. The Department may assign any part of its rights under this Agreement after notification to the Local Government. The Local Government shall not assign rights created by this Agreement without the written consent of the Department. 8.05. AMENDMENT OF AGREEMENT. This Agreement may be amended, except that no amendment shall be permitted which is inconsistent with statutes, rules, regulations, executive orders, or written agreements between the Department and the U.S. Environmental Protection Agency. A final amendment establishing the final Project costs shall be completed after the Department's final inspection of the Project records. 12 . , . ' l.. J. . 8.06. ANNULMENT OF AGREEMENT. The Department may unilaterally annul this Agreement if the Local Government has not drawn any of the Loan proceeds within eighteen months after the effective date of this Agreement. If the Department unilaterally annuls this Agreement, the Department will provide written notification to the Local Government. 8.07. SEVERABILITY CLAUSE. If any provision of this Agreement shall be held invalid or unenforceable, the remaining provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. ARTICLE IX - CONSTRUCTION CONTRACTS AND INSURANCE 9.01. AUTHORIZATION TO A WARD CONSTRUCTION CONTRACTS. (RESERVED) 9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS. (RESERVED) 9.03. INSURANCE REQUIRED. (RESERVED) ARTICLE X - DETAILS OF FINANCING 10.01. PRINCIPAL AMOUNT OF LOAN. The principal amount of the Loan is $100,000, which includes $96,320 to be disbursed to the Local Government and $3,680 of Capitalized Interest as detailed in Section 10.06. Capitalized Interest is not disbursed to the Local Government, but is amortized via periodic Loan repayments to the Department as if it were actually disbursed. Capitalized Interest is computed at the combined rate of interest and Grant Allocation Assessment, or rates, set for the Loan. It accrues and is compounded annually from the time when disbursements are made until six months before the first Semiannual Loan Payment is due. Capitalized Interest is estimated prior to establishment of the schedule of actual disbursements. 10.02. LOAN SERVICE FEE. The Loan Service Fee is $1,926 for the Loan amount authorized to date. The fee represents two percent of the Loan amount excluding the Loan Repayment Reserve and Capitalized Interest amounts; that is, two percent of $96,320 as detailed in Section 10.06. An additional Loan Service Fee amount will be assessed for any additional funding provided by amendment to the Agreement. The fee shall be adjusted downward if adjustment of Project costs results in a Loan decrease, provided that the decrease amendment is executed before the first Semiannual Loan Payment due date. 13 ,- .., .' ~ Interest shall accrue on the Loan Service Fee at the combined rate of interest and Grant Allocation Assessment, or rates, set for the Loan until the fee is paid. Loan Service Fee interest shall be compounded annually from the effective date of the Loan until six months before the first Semiannual Loan Payment is due at which time it is capitalized. The estimated Loan Service Fee capitalized interest is $214. 10.03. INTEREST AND GRANT ALLOCATION ASSESSMENT RATES. The combined rate of interest and Grant Allocation Assessment on the unpaid principal of the Loan amount specified in Section 10.01 is 3.57 percent per annum. Individually, the interest rate is 1.785 percent per annum and the Grant Allocation Assessment rate is 1.785 percent per annum. However, ifthis Agreement is not executed by the Local Government and returned to the Department before July 1,2000, the interest and Grant Allocation Assessment rates may be adjusted. New interest and Grant Allocation Assessment rates may be established for any funds provided by amendment to this Agreement. 10.04. LOAN TERM. Unless the Loan term is extended by an amendment to this Agreement for the purpose of incorporating construction and related costs, the Loan shall be repaid in 20 Semiannual Loan Payments. 10.05. REPAYMENT SCHEDULE. The Semiannual Loan Payment shall be computed based upon the principal amount of the Loan plus the Loan Service Fee and capitalized Loan Service Fee interest and the principle of level debt service. The Department will deduct the Loan Service Fee and all of the associated interest from the first two payments. Subsequent amendments to the Agreement may adjust the Semiannual Loan Payment based on the timing of actual disbursements, taking into consideration any previous payments. Actual costs for this Loan shall be established after the Department's close-out and incorporated into the final amendment to the Loan Agreement. Until the principal amount of the Loan is amended, the Semiannual Loan Payment shall be in the amount of $6, 118. The interest and Grant Allocation Assessment portions of each Semiannual Loan Payment shall be computed on the unpaid balance of the principal amount of the Loan, which principal amount includes Capitalized Interest. Interest (at the combined rate of Loan interest and Grant Allocation Assessment) shall also be computed on the unpaid balance of the Loan Service Fee and capitalized Loan Service Fee interest. The interest and Grant Allocation Assessment on the unpaid balance shall be computed as of the due date of each Semiannual Loan Payment. Unless repayment is deferred by amendment to this Agreement funding construction and associated costs, Semiannual Loan Payments shall be received by the Department beginning on December 15, 2003, and semiannually thereafter on June 15 and December 15 of each year until all amounts due have been fully paid. Funds transfer shall be made by electronic means. 14 . . The Semiannual Loan Payment amount is based on the total amount owed of$102,140, which consists of the Loan principal plus the Loan Service Fee with its capitalized interest. 10.06. PROJECT RELATED COSTS. The Local Government and the Department acknowledge that actual Project costs or Preconstruction Activities allowances have not been determined as of the effective date of this Agreement. An adjustment to Preconstruction Activities allowances may be made due to a reduction in the scope of work proposed for Loan funding as a result of the facilities planning process. Failure to achieve Department acceptance of plans and specifications for all facilities proposed for Loan funding prior to the date specified for authorization to incur Construction Related Costs may cause adjustment of the Preconstruction Activities Allowances. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. The final Project costs and all allowances shall be established in the final amendment. Changes in Project costs or Preconstruction Activities allowances may also occur as a result of the Local Government's audit or the Department's audit. The Local Government acknowledges that the following estimates of Preconstruct ion Activities allowances and related costs are below those authorized under Rule 62-503.420 of the Florida Administrative Code and agrees to the following estimates for the allowances: Administrative Allowance Planning Allowance Engineering Allowance Subtotal (Disbursable Amount) CapitaIized Interest TOTAL (Loan Principal Amount) $ $ $ $ $ $ 6,000 27,000 63,320 96,320 M&l 100,000 The listed allowances are the maximum allowable amounts unless this Agreement is amended to provide financing for Construction Related Costs. 10.07. SCHEDULE OF ACTIVITIES. The Preconstruction Activities shall be completed no later than the dates set forth below to preserve the Department's commitment to provide funding for Construction Related Costs at no greater than the combined rate of interest and Grant Allocation Assessment specified in Section 10.03. Preconstruction Activities shall be completed in time to enable the Department to take the actions scheduled in Subsections (4), (5), and (8) below. (1) Adoption of the facilities plan by the Local Government, including public hearings, capital financing plan, draft user charge system and draft enforceable user charge policy no later than September 15, 2000. (2) Completion of feasibility study for reuse of reclaimed water no later than October 15, 2000. 15 ..... I. .. ~ I (3) Completion of geotechnical studies relating to deep injection well disposal of effluent no later than November 15, 2000. (4) Publication by the Department of the environmental information document, addressing all facilities proposed for loan funding and all project sites, no later than February 15, 2001. (5) Approval of the documents related to facilities planning by the Department no later than March 15,2001. (6) Design of all Project facilities proposed for loan funding no later than the dates indicated below: (A) Collection and Transmission Systems U.S. Highway I Transmission System by May 15,2001. Vacuum System Basins 1-3 by July 15,2001. Vacuum System Basins 4-6 by December 15,2001. Vacuum System Basins 6-9 by June 15,2002. Vacuum System Basins 10-12 by October 15,2002. Vacuum System Basins 13-15 by April 15, 2003. (B) Treatment Plant by July 15,2001. (C) Effluent Disposal Injection Well System by October 15, 2001. (D) Reclaimed Water Reuse Facilities, if appropriate, by July 15,2001. (7t Certification of availability of all sites for facilities proposed for loan funding no later than the dates indicated below: (A) Collection and Transmission Systems U.S. Highway 1 Transmission System by May 15,2001. Vacuum System Basins 1-3 by July 15,2001. Vacuum System Basins 4-6 by December 15, 2001. Vacuum System Basins 6-9 by June 15,2002. Vacuum System Basins 10-12 by October 15,2002. 16 ~.., I. hJi ".,.. ~. Vacuum System Basins 13-15 by April 15, 2003. (B) Treatment Plant, including injection well disposal, by December 15, 2000. (C) Reclaimed Water Reuse Facilities, including reclaimed water application sites, by May 15,2001 (if appropriate). (8) Authorization to incur Construction Related Costs for all Project facilities proposed for loan funding no later than June 15,2003. (9) Establish and fully fund the Loan Debt Service Account no later than December 15, 2000. (10) Provide certifications under Subsection 2.01(12) beginning September 15,2003, and annually thereafter at the time the annual audit report is submitted under Subsection 2.01(10). 10.08. SPECIAL CONDITIONS. (1) Because of the magnitude of the project costs, the funding for the contemplated multiple construction loan amendments would come from Fiscal Year 2000 and subsequent years' funds allocated each year by Department. Fiscal Year 2000 funds allocated by the Department may include anticipated loan repayments to be received by the Department from other loan recipients during Fiscal Years 2000 and 2001. Funds allocated by the Department for Fiscal Year 2001 may include anticipated loan repayments to be received by the Department from other loan recipients during Fiscal Years 2001 and 2002. Funds allocated by the Department for Fiscal Year 2002 may include anticipated loan repayments to be received by the Department from other loan recipients during Fiscal Years 2002 and 2003. . (2) Completion of preconstruct ion work described in Section 4.08, acquisition of appropriate sites, issuance of appropriate evidence ofpermittabiIity, and listing on the fundable portion of the project priority list shall be prerequisites for amendment of this Loan Agreement to enable construction funding. (3) The Local Government acknowledges the allowance amounts and disbursement schedules authorized under Rule 62-503.420 of the Florida Administrative Code and elects to request disbursements in accordance with Section 4.08. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 17 . . l!' ~i '.. ,J. ~ ARTICLE XI - EXECUTION OF AGREEMENT This Loan Agreement CS12060206P shall be executed in three or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this Agreement to be executed on its behalf by the Secretary of the Department and the Local Government has caused this Agreement to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this Agreement shall be as set forth below by the Secretary of the Department. for FJOrid.~:~ / E cutive Director Attest I attest to the covenants of Section 2.02, entitled Legal Authorization, and as to form and legal suffici cy. ~/..... 7~'A~ :,.A"" ~""-- -. //" t/ SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION \l..:.~ ~. ~L. ~ Secretary MAY, 3 0 2000 Date 18 Key Largo Wastewater District Overview for package plant customers Attached for review is an alphabetical summary listing of existing package plant customers which includes the calculation of estimated equivalent dwelling units (EDUs), estimated system development fees and estimated average monthly cost (with and without 100% financing of system development fee). This data is based on information in our water billing system, plant wastewater flows reported to the Florida Department of Environmental Protection (FDEP) and physical review of numerous facilities. Prior to formal rate setting policy and procedure public hearings, which will incorporate' a formal review process, the Authority will continue to develop the most accurate calculation data per individual property in conjunction with the individual property owners. Method of calculation of EDUs . based on actual maximum month average daily flow from the package plant . assumed average daily flow per EDU is 167 gallons per day . EDU is calculated as average daily flow divided by 167 gallons Rate structure calculation/components . designed to recover costs of constructing and operating the central wastewater system . system development fee recovers capital costs of construction . monthly base charge and volume charge recovers cost of operating and maintaining the system and the cost of decommissioning. . system development fee and monthly base charge are calculated using the number of EDUs determined by wastewater flow Examples of some of the benefits you get for connecting to the central wastewater system . physical decommissioning of existing package plant and associated wells in compliance with DEP requirements . potential reclamation of existing plant site for future other use by owner . elimination of existing testing and operations responsibilities/costs . removal of potential environmental liability . transfer of maintenance responsibilities/costs of existing lift stations and collection systems (up to point of outfall) to the Authority . financial relief from compliance with upgrade in wastewater treatment requirements that must be implemented by 2010 (a number of individual plants cannot be retrofitted to meet Advanced Secondary Treatment with Nutrient Reduction-will require separate additional plant site and then abandonment of old plant. 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This data is based on information in our water billing system, plant wastewater flows reported to the Florida Department of Environmental Protection (FDEP) and physical review of numerous facilities. Prior to formal rate setting policy and procedure public hearings, which will incorporate" a formal review process, the Authority will continue to develop the most accurate calculation data per individual property in conjunction with the individual property owners. Method of calculation of ED Us · based on actual maximum month average daily flow from the package plant · assumed average daily flow per EDD is 167 gallons per day · EDD is calculated as average daily flow divided by 167 gallons Rate structure calculation/components · designed to recover costs of constructing and operating the central wastewater system · system development fee recovers capital costs of construction · monthly base charge and volume charge recovers cost of operating and maintaining the system and the cost of decommissioning. · system development fee and monthly base charge are calculated using the number of EDDs determined by wastewater flow Examples of some of the benefits you get for connecting to the central wastewater system · physical decommissioning of existing package plant and associated wells in compliance with DEP requirements · potential reclamation of existing plant site for future other use by owner · elimination of existing testing and operations responsibilities/costs · removal of potential environmental liability · transfer of maintenance responsibilities/costs of existing lift stations and collection systems (up to point of outfall) to the Authority · financial relief from compliance with upgrade in wastewater treatment requirements that must be implemented by 2010 (a number of individual plants cannot be retrofitted to meet Advanced Secondary Treatment with Nutrient Reduction-will require separate additional plant site and then abandonment of old plant. 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This data is based on information in our water billing system and physical review of numerous facilities. Prior to formal rate setting policy and procedure public hearings, which will incorporate a formal review process, the Authority will continue to develop the most accurate calculation data per individual property in conjunction with the individual property owners. Method of calculation of equivalent dwelling units (EDUs) . Single family residence is calculated as I EDU . Commercial EDUs are based on average daily water flow (1997-99) o assumed average daily flow is 167 gallons per day o EDUs are calculated as average daily water flow divided by 167 gallons Rate structure calculation/components . designed to recover costs of constructing and operating the central wastewater system . system development fee recovers capital costs of construction . monthly base charge and volume charge recovers cost of operating and maintaining the system and the cost of decommissioning. . system development fee and monthly base charge are calculated using the number of EDUs determined by wastewater flow Examples of some of the benefits you get for connecting to the central wastewater system . physical decommissioning of existing septic system in compliance with Department of Health requirements . reclamation of required drain field area per new standards for future other use by owner . financial relief from compliance with installation of an engineered wastewater treatment system to meet new Advanced Secondary Treatment with Nutrient Reduction standards. . financial relief from increased operation and maintenance costs and annual licensing fees necessary to comply with new Advanced Secondary Treatment with Nutrient Reduction standards . commercial facilities, especially restaurants, will need additional physical expansion and costs for treatment of high industrial waste components of their operations. 88g~ "!."'t"N N"'N -........ :l S :; e a. ~ .. .. ... c .= ~s: ~ r~ a. == ~ ~ ~i ;. 1!~ at !~ 1: ';a; .. ...... e w.. ! l~ !:u"ii c! a ~ oj! ~='5~ i~" = ~ U)CI).a> ~~~~ b c o . 5 e- " ... c o "ii . 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W :J ~iL W> Z 0: ZO: WW >- >- :z: U W ~~ 0. 0: 8~ ~~ 0. 0. :z:~ ~ zo.fE a:I-0a::o~0600 i~~~~~zo lil~~~~Q:~ <<w:t:z ~~ffi~~~~~ ~millt;t;t;~~ z ., W :Ii ~ffi~ ~~~~ ~<lMo -j:rfi~ wwww zmCDm wooo lXa:a::o:: W ~m <~ ~8 :E:Ii '" :z: z ~~~ ~u:~ '" :J W 0: ..J 0: :Ii 0 0 .. ~ o u~~~~~~~~~~~"'~~8~~~~~~~~~~~i~~8~~~~~~i~~~m~~"~"~~~~8~S~~~~~! ~~~8~~~~~~~~O~-~g~g~~~~~g~~8~~~g~~~~~~~~~;i~~~;=~~~~ss~~~~ Date: June 16, 2000 To: Danny Kohlage Clerk of the City Courts Fax # 305295-3615 Subj: Key Largo Waste Water Issue Ref: June 28th Meeting Please read the following into the minutes of the referenced meeting. Subject: Key Largo Waste Water Issue The Ogden proposal looks great to me and the cost appears reasonable. The technology has been tested and should be ideal for installation in the Keys. Ogden is a fmancially stable corporation and this effort will be guaranteed by a 100% payment and a performance bond, so a defauh will cost us nothing. They will build and operate the system so any inherent problems will be theirs. They've agreed to complete the project in 36 months or pay $15,000 per day for every day they are late. Closing on the contract now, will probably stimulate additional funding from the State and Federal Governments and help reduce the costs even further. If in you judgement there is no reason to deal with this today, I would recommend taking a closer look at our inshore waters and reefs. Fishing has deteriorated, quantities of bait fish have dropped off dramatically, and the turtle grass looks sick in many areas. There is green algae growing in close to shore and parts ofthe bay are dying. Water clarity is not nearly as good as it used to be, and our canals and beaches are testing positive for coliform and infectious viruses. Scary stuff and clearly not the positive image required for an area that relies heavily on water sports and tourism. I don't think we can afford 10 more years of inaction. We need to start taking better care of our environment today and a central sewer system seems like a logical first step. Alternative solutions are much more costly and not nearly as effective. We have a good proposal on the table, let's not let the opportunity slip away. gJif2 Bill Papenhausen Tavernier 1aannp lL. ~olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF TIlE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 lEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 lEL. (305) 852-7145 FAX (305) 852-7146 June 21,2000 To Whom It May Concern: The Monroe County Board of County Commissioner's at their meeting on May 17,2000, requested the Clerk to the Board discontinue the reading aloud ofletters received concerning agenda items. However, the Clerk was directed to forward any correspondence received to each Commissioner and to put them into the official record of the meeting. Accordingly, your letter dated June 16, 2000 has been sent via facsimile to each Monroe County Commissioner and will be placed on record with the corresponding agenda for said meeting. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners of Monroe County, Florida By:~~C. ,&.;~ Isabel C. DeSantis ' Deputy Clerk reading.ltr Jun 26 00 09:11a e6/23/2~66 16:46 Commissioner Williams (305) 289-6306 p.2 61135182449 DANa) ENTERPRISES PAGE 62 JUN 2 5 2~~{J With reference to the Key Largo sever project, I would like to know vhy so-'Iilany supposably intelligent people are against a central sewer system. You don't have to be a rocket scientist to know that the system, the Og4en Company has put together for key Largo, is a good one. The time has come for all of us to be concerned with the quality of our vater and our ialand. Lets quit finding reasons why this system vill no~ work. To thoBe of you who are concerned about the roads looking like railroad tracks, and those who may have to move a bush or a tree, 1 Bay GET REAL. There are times in our lives that we must have a little inconvenience. As for the cost - I have never seen the price of a project go down over the years. So the longer ve wait to do this, the higher the cost will be. The State of Florida, ViII make us go to central sewers, 80 Why wait until the cost is double or triple. If every business and every home ovner has to put in their own new sewer system, vhich the state could make us do, then you ViII know vhat coat and inconvenience will be. So I say, get otf your duff and support Nora Williams and the others and lets vote YES On the central sever cY3tcm novo Mrs. Robert A. Zynn, Sr. Tavernier, Fl. Thursday, June 15, 2000 To: Clerk of County Courts Today we read in the Free Press that some people are proposing to spend $250,000 for more studies. We were led to believe that the sewer project was a mandated project by the State of Florida. Therefore, it doesn't seem to be an option-so why spend more money on studies? A central sewer system is used throughout the United States-why isn't it good enough for the Keys? The longer this project is put off the more costly it will become. We all realize that prices do not go down-they only go UP. Please consider our opinion and we hope that on June 28th you will vote in favor of Ogden getting started as soon as possible. Sincerely Catherine & Sherry Carr Slc786352722.com o 'J:r-o ~.~.~ '~~:;2': 00--< rn-r- :X). o(")~ qc::.o c.;;.-r- z-'::s: -4 0 J> :<0<:,> ." c:: rn _. ':;tl . -' .. g ~ r- c::- ~ ~ 0 t"O ~ c".J ::0 :8 ~ ~ .0 ... ';G o fl. c:..; RECEIVED & ~ g- - 0 c) Mayor Shirley Freeman To: My Fellow Commissioners From: Nora Williams j ( l.L:L I Although the prices proposed in the Key Largo plan are already less than previously approved as "acceptable", I know that there have been concerns raised fortho~e who may truly have R need for additional help. The truth is that we can put together a grant program to help them today or at least before their hook ups are due. What follows is one such proposal and the amount that would be req uirr;d to fund it. If such grant funding is also a concern for you, let's talk about it at the meeting and let's address this concern up front. With the addition of the funds outlined- which we can comfortably afford thanks to the extension of the infrastructure sales tax - we have crossed the finish line of providing affordable wastewater treatment. Here's how we can bring it home. The attached pages include: 1) A proposal for" guaranteed" grant funding for the Key Largo Wastewater Treatment System, with funding designed to help those who NEED help most. While the numbers follow in a chart, the thinking behind the proposal is outlined below. 2) Suggestions for seven mechanisms and grant sources for reducing the costs for residents to hook up. The Proposal for "Guaranteed" Grant Fundiug: The Board of Monroe County Conuni:ssioners has already iuwcitlt::d it willingness to continue to pursue grant funding to help offset the costs of hooking up to the proposed Key Largo Wastewater Treatment System. Many locals would feel better if they could have some certainty that there will be additional funds awilable. I am proposing that we "guarantee" a grant program that addresses lower valued property and local business issues. Under this proposal, · The 80 Key Largo families that qualifY for special FKAA rates under their senior program will receive a grant for at least 50% of the capital cost of their hook-up. · Homeowners with homesteaded property valued at less than $100,000 will receive 35% of their capital cost. · Homeowners with non-homesteaded property valued at less than $100,000 that is used as ~g-term litl'ordable rental housing will receive a grant of,,1o of their capital cost> ---~- · Homeowners with homesteaded property valued at between $100,000-$200,000 ",ill receive a grant of 15% of their capital cost. · All commercial EDUs will receive 20% of their capital cost. - I This grant program is designed specifically to provide grant funds to those most in need, to maintain "affordable housing." It will not offer grant assistance to second or vacation homes, or homes valued at more than $200,000, or to non-homesteaded properties valued between $100,000 and $200,000. . I . d SOES-SS2 rSOEl swe~IT~M ~aUOtsslWWOJ dSto:SO 00 l.2 unr The numbers provided as estimates of expected cost are worst-case scenario numbers. The expected cost of the grant program is $9,412,705, after allocating the $1,000,000 set aside from the Infrastructure Sales Tax in last year's budget for a wastewater treatment facility, and the SHIP funds due in October of 2000. You will recall that I had proposed that we move forward when we approved the wastewater treatment facility with a $10,000,000 land acquisition program for the island of Key Largo. I now believe those furlds would be better sPent to guarantee the grants. Where those g!.-ants replace these funds, these monies can still be used for land acquisition. There are also other options for land acquisition funding that we will also discuss Wednesday night should we opt to approve the FKAA resolution. We can afford to put this grant program in place, and we can make the commitment now ic/J ~ q 411 \\'" \ J--} fI ) 9P6 ~ e", pO ~. y .}1~/ ~~i \\rV"' ~rj~1 O~ Page #2 2"d 90E9-SB2 rSOEl swe~IItM ~aUOtsstWwo~ dS.p:SO 00 L2 un(" ~~ EDU (non HIl. affordable .. of onslte rental EDU (HS) houslna t..Rt DBck.a. alant EDU ,. of (non HSl packaae affordable plant lona.term EDU IHS) rental $ amount to fund arant for cateaorv: Proposed funding grant for each CC1tegory below: 35% ~% 35% 35% Properties 'IIalued at less than $100,000 1884 1276 395 22.. SEE FOOTNOTE $6,600,685 A BELOW .~''',.~"._''~~ ***..........................'fiI1t.....".....".. ................llI'***..........**...***..**..........*................................................**.** Proposed funding grant for each category below: 15% 15% seE Properties valued at between FOOTNOTE $100.000 and $200,000 1015 682 $1,118,820 B BELOW Note that the two categories of funding mentioned above mirror our onsite system replacement grant funding. .......................**..................Illl'.......**................ ....."'**..H.......... ..................................... It._ ..**. .*. Proposed funding grant for each category below: 50%* SEE Qualifying families for special FKAA FOOTNOTE rates: BO $216,000.00 C BELOW *Note that the 50% mentioned is in addition to grants above that they may have quallfled for. ' Somo of theso folk will have 85% of their capital 008t& covered, if they eba have e homesteaded home valued alless than $100,000, ..."..*.......**.......................................**...tt...**.......**..**.....**.****.**.**................****....'1......*....**..t******" Commercial EDUs Package Onsite prant 1136 2404 $2.621,200 .*....It****.."**'."""'...***"******lIl***..*****.*...... ...............**........****.....**.*........*..****......***......,*.*_._..." TOTAL FUNDS NEEDED FOR PROPOSED GRANT FUNDING Funds already in place: Set aside from current Infrastructure Sales" SHIP funds (due in October) Funds to be guaranteed by coming extension of Infrastructure Sales Tax (Grants will be sought) .......1I1Il.......,....,**............'t..........""1r.***.....**...**.....**.......**..*..*..........***.*...*...........****.......11'...**...*** *..****...t $10,556,705.00 ($1,OOO,OOO) ($144.000) $9.412,705 "This million dollars was set aside during last year's budget for wastewater treatment facility use. See following schedule of funding resources for diSCUSSion of SHIP funds. FOOTNOTE A: Each EOU subsidy at 35% for each onslte system (capital cost $5400) Is $1890. Each EDU subsidy at 35% for each package plant hook-Up (capital cost $2900) Is $1015.00 FOOTNOTE B: Each EOU sub'sidy at 15% for each onsite system (capital cost $5400) is $810. Each EDU SUbsidy at 15% for each package plant hook-up (capital cost $2900) is $435. FOOTNOTE C: Each EDU subsidy at 20% for each onsite commercial system (capItal cost $5400) Is $1080. Each EDU subsidy at 20% for each package plant commercial system (capital cost $2900) is $580. E"d 9DES-SB2 rSOEl swetII~M ~auotss~wwo~ dOS:SO DO L2 unr Additional Notes: The numbers above are estimates, prepared with the help of the FKAA, the County's Growth Management Division, and the Office of the County Property Appraiser. Where exact figures were impossible to obtain, the most conservative estimate possible was used. Note that the entire amount that will serve as the HOCC's guarantee is roughly the equivalent of a single year of Monroe County's portion of the Infrastructure Sales Tax, a tax that will extend for~n years. How the numbers were derived: · Commercial EDDs and FKAA qualified families were provided by the FKAA Homesteaded onsite system properties are precisely as reported by the Property Appraiser, with the addition of 343 to reflect multiple family housing with onsite systems. · Homesteaded package plant properties are arrived at by using the same percentages from the Property Appraiser's assessment of single family homes. This estimate is conservative as fewer condos/ trailer park lots are expected to be homesteaded than single family homes. · Total numbers for single family properties falling within the price criteria were provided by the Office of the Property Appraiser. · The number of non-homesteaded properties valued at less than $100,000 used for long-term affordable housing rental is based upon the highest number deemed possible by the Monroe County Growth Management Division. FOOTNOTE A: Each EDU subsidy at 35% for each onsite system (capital cost $5400) is $1890. Each EDU subsidy at 35% for each package plan hook-up (capital cost $2900) is 1,015.00. v.d 9DE9-SB2 rSOEl swe~IT~M ~aUO~SSlWWO~ dDS:SO DO/..2 un[' Methods for Seeking and Procuring Grants for the Key Largo Wastewater Treatment Plant: The truth is that the system as it is proposed is more reasonably priced than we'd have dared hope for, and that it is, in fact, cheaper, than the costs the Commission had earlier deemed "acceptable" for hook-up. That said, It ts also clear that we shuuld seek additional grant monies wherever we can to help lessen the impacts of this project on the community, particularly for those with greater needs, and I wanted to deliver a quick report of some options. 1) South Florida Water Management District: Alligator Alley Tollltlonies As your liaison to the South Florida Water Management District, I will meet with the Executive Director prior to our meeting on the 28th to make formal request of the District for funds for the Key Largo Project from the toll funds generated on Alligator Alley. There are many excellent reasons for the District's support for financial commitments. One of the strongest for me is this: Monroe County is generating Cl.Yer five million dollars ___i!1_pro'p~ tax payments to the District per year. Next year, that number is expected to top six million. While those funds are utilized for a host of projects that are worthwhile, few of those projects have been located within Monroe County. I expect that that fact will be recognized and I am very hopeful that we can gain support. Our proposal will be presented at the_SFWMD budget nteeting on the morning of the 28th. I will work with the County Administrator, the County Attorney, Growth Management and the FKAA on the language of this particular request since action must be taken prior to our meeting, 'but the grant request will be faxed to your office prior to our meeting. 2) Water Advisory Panel: Legislative Grants Last year, all project applicants from Monroe County received funding, with one exception: ~incorPoiite(rMohroe's Big COi>Pitf project. This year, project applications ~e due this sumtner, and two diiiigs'riiiiSthapperi to get the Key Largo project funded: - ( Representative Sorenson must be persuaded to give the Key Largo project the kind of ~pport he lent the Key West proposal for funding last year. I have no doubt that he will step up to the plate to do that for Key Largo. Additionally, Key West ran a very active -- caJll~aign to get citizens to call Water Advisory Panel rnember~ ask for their support. We should ask the same of our Key Largo constituents and I would suggest a mailing to both Key Largo Chamber members and to recipients of an FKAA monthly water bill with both a list of those members with contact addresses, phone numbers, fax numbers and email addresses, as well as a suggested fonn letter. This effort can be coordinated with the Aqueduct Authority and should take place well before the legislative season begins in 2001. Jim Harvey, who is working with the Ogden group, has pledged to put together this year's application - he had great success with his efforts last year before this Panel. rll keep you posted on our progress on this front as well, should this contract move forward. J S.d SOES-SB2 rSOEl SW~tIItM ~aUOtSs~WWOJ dOS:SO 00 /..2 unr 3) The Federal Government: House Bill 673/Senate Bill 2711 The Key Largo facility falls within the purview of this legislation, and may, in fact, have a distinct advantage in being first through the door. We do need to be careful that the proce!l~ of application and limding that is implemented doesn't ~tray from the intent of the legislation - and the intent of the legislation is NOT to e~ude Key Largo. 1 have that from both Senators and the Congressman from whom the bill originated. 4) SHIP funds These funds are an annual appropriation to the Housing Authority that we utilized to help fund cesspool and older onsite systems with replacement systems in our past efforts. While utilizing those funds for hook-up fees for a centralized system would require a vote of this commission, such a use is already allowed by the funding agencies. $144,000 will be received by the Monroe County Housing Authority in October of 2000 to replenish this fund for the coming year. With our support, these funds would be used to cover some of the costs for low and very-low income homeowners as a GRANT (i.e" without requirement for payment). 5) DCAlDEP funds: our existing and on-going grant system for onsite replacement Our existing and on-going grant program for onsite system replacement allows for those same ftmds to be utilized in the same manner for systems replaced by centralized system hook-up. Our growth management division is working right now with the state on the funds we will receive for continuing that program in the recently approved state budget year. It is expected that we will continue to receive that funding in com.ing years. This has limited applicability for the island of Key Largo, as there is only one cold spot area scheduled for inclusion, but it would be a benefit to some impacted constituents. Note that, while the funding agencies allow for this expenditure, we would need to change our Memorandum of Understanding with the Department of Health to reflect our decision to allow such expenditure. 6) Local, State and Federal Hook-ups: Bring government EDUs on line Every EDD makes the cost burden of every other EDU smaller, i.e. the more EDDs you can spread the cost over, the lower the cost for individual BDUs. There are 47 state EDUs, largely park associated facilities, 12 federal EDUs, and 81 EDUs associated with County government facilities (including the Monroe County School Board). These facilities were not counted in determining the number of EDUs which would bear the cost. Therefore, including those EDUs will lower the costs for every remaining EDD within the system. With the help of the Aqueduct Authority (particularly Kerry Shelby), I have already met with state representatives and will meet with federal representatives and representatives of the local bodies to ensure their support and cost-sharing in this project. The bulk of the state EDUs, for example, are associated with the Department of Environmental Protection and "it is their policy to hook-up to such a system." (, Sod 90~9-SB2 rSOE:l swe~tI~~ ~aUOtssJWWO~ d2S:S0 00 L2 unr ? ~ 7) The Infrastructure Sales Tax: The Infrastructure Sales Tax was extended with the express purpose of providing for stonnwater, wastewater and land acquisition and management costs. This coming source of funds could be used as a "guarantee" for the amount we feel should be provided as additional grant funding to this project. Such a proposed "guarantee" is suggested in the attached pages. END 1 l.od SOE:S-SB2 rSOE:l swe~[T~M ~aUOtsslWWDJ d2S=SO 00 lo2 unr CITY OF MARATHON JOHN BARTUS. VICE MAYOR P.O. Box 500430 · MARATHON. FL 33050 P.O. Box 2523. MARATHON SHORES. FL 33052 (305) 743-4248 · CITY: (305) 743-0033 . FAX: (305) 743-8365 E-MAIL: JEBARTUS@BELLSOUTH.NET WASTEWATER COMMITTEE John Bartus, Chairman · David Byers · Scott Chambers · David Evans · Taras Lyssenko Terry Pollard · Dr. David Rice · Chris Schraeder · George Upperman June 27,2000 Monroe County Board of County Commissioners Mayor Shirley Freeman Mayor Emeritus Wilhelmina Harvey Mayor Pro Tem George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams County Administrator James Roberts (via facsimile) Dear Commissioners, Today, June 28th, you have a major decision to make-a decision which will potentially chart the course for all Monroe County, incorporated areas included. The OgdenlFKAA decision won't be easy; it may, however, be the most important decision you'll face this year. It's understood that there are real concerns among Key Largo businesses and residents about many aspects of the Ogden plan (including, among other things, how to pay for it). There are also many parts of the plan that make a great deal of sense. It may indeed be the best and most cost-effective way for the area to meet the 2010 state-mandated standards. Something else to consider is that your decision on Ogden/FKAA has ramifications far beyond Key Largo. The Keys as a whole-and most certainly the city of Marathon as well-need Federal and state assistance in order to meet the 2010 standards. A "no" vote on this issue would send the wrong signals to Tallahassee and Washington and potentially jeopardize essential funding. It would also be perceived by many as another Monroe County failure to deal with the wastewater issue. The City of Marathon's Wastewater Committee has considered this issue, and we recommend a vote in support of the FKAA and the Ogden plan. John Bartus Vice Mayor, City of Marathon Chairman, City of Marathon Wastewater Committee U.s. Environmental Protection Agency - Region 4 Statement to the ~Ionroe Count)r Board of County Commissionen at the June 28. 2000 Meeting of the Commis's.ion - Key Largo, Florida As directed by the Florida Keys National Marine Sanctuary and Protection Act of 1990, !:he U.S. :Environmental Protection Agency (EPA) worked with many federai, state, and local government agencies and the citizens of Momoe County and South Florida to develop a Water QuaIity Protection Program for the Florida Keys National Marine Sa."lctuary. This collaborative effort by an t.~e stakeholders resulted in a Water Quality Protection Program Document and Action Plan L'1at was highly praised and unanimously approved by the Water Quality Protection Program Steering Committee. EPA expended about $1,200.000 offedera! funds to develop the Water Quality Protection Program Document and Action Plan. The basic concept of collaborative decision-making remains in effect while the partnership among federal~ state. and local government agencies conti.nues as we strive to implement the numerous rec01J'l.mendations in the Water Quality Protection Progr.un Document. EP A has pltlVided over $7,500,000 to fund a comprehensive monitoring program to determine the status aud trends of the natural resour....~es of the coral reef ecosystem a.lld special stUdies projects to document the effects ofpolliJtants, including \\'aStewaternutrients, on the environment of the Fiorida Keys. EP A also continues to work with Monroe County and the State partners to implement the n1JIDetous corrective actions recommended in the Wa~er Qualit'f Protection Program Document. including the exper..sive upgrade oithe existing inadequate wastewater infrastructure. In addition to technical assistance, EPA has provided over $500,000 for the innovative onsite wastewater treatment system demonstration project on Big Pine Key and a construction grant in the amount \')f$4,326.000 for an a1vanced wastewater coll~tion and tn'Attment system on Marathon Key. Monroe County is moving fOI"\vard to implement certain components of the County's Waste\\'arer Master Plan and upgrade the existing inadequate wastewater infrastructure, including the replacement of illegal cesspits and malfunctioning septic systems. These efforts. such as the County's Request for Proposals to Design/Build or Design/Build/Operate a waste~'3ter management system(s) to serve Key Largo '\N11! help to restore and protect the confined and nearshore waters of the Florida Keys. EP A applauds the initiative of the County Commission and its willingness to take action to address the complex environmental problems of the Florida Keys. He-wever, as the COWlty moves fotv.'ard to implement the recommendations in the Water Quality Protection Program document and the various components oftbe County's Wastewater Master Plan. population growth mUSt not be abandoned as a primary consideration. Gro'\N1h over and above that which is authorized and consistent with the Monroe County Comprehensive Plan and Rate of Growth Ordinance (ROGO) may result in unintended adverse environmental consequences. 2 The issue of population growth that could result from th~ con~uuction of centralized wastewater lilanagement systems h~l been discussed by the \Vater Quality Prot~tion Program ~,:t~eling Committ.ee at a meeting of the COIl"..lnitte~ on March 30, 2000 and during a foHow-up conference call on April 28, 2000. Since the contractor for the proposed Key Largo wastewater management system had not moved forward to engage a consultant to make recomrnendation~ as was indicated at the March 30 meeting. EP A funds were utilized to enter into a contract with a consulbnt to develop reconunendations for comprehensive plall amendments, ordinances. and contract language that wOtlld help to ensure that the proposed centralized wastewater management system for Key Largo ....yould not lead to increased grov.1h beyond that which is authorized and contemplated under Monroe C')UXlt}-'S Rate ofC'rrowth Ordinance. 1 he consultant prepared a preliminary report ~ith draft recommendations. The preliminary rt.-port included the following: 1) a discussion of existing Monroe County polic:es and regulations in affect that control growJ1 and development in the Key Largo area,. the most important of which is ROGO; 2) a discussion of Monroe County's initiation of community planning processes kno\....n as the "Livable CommuniKeys Program" and the associated Community Master Plan for Key Largo; 3) a discussion of Iega! constraints that limit the ability to ensure that the wastewater treatment facility can never serve to promote growth; 4) the principal that the proposed Key Largo ....vastewa!er treatment facility is intended to provide better wastewater treatment for existing development and future development only as authorized under ROGO can be set out in associated contracts and regulatory documents; 5) specific processes Or regulatory devices that might be established; and 6) draft language for a new objective and J:ew policies tbat could be inCQrporared into the Monroe COlmty Comprehensive Plan to clearly state the intent of the Key Largo wastev;ater treatment tacility and to ensure that the CommuniKeys Plan and the land acquisition programs are C(lmpleted and implemented. TIle consultant's prelun.inary report wa..<; submitted to each member of the Water Quality Protection Program Steering Committee, including a member of the Monroe County Board of COWlty Conunissioners. The consultant requested that the members of the Steering Committee submit questions and comments concerning the preliminary report. It should be noted that EPA entered into the contract \vith the consultant \vith the full kr.owledge of the Steering Committee and with the understanding that the "recommendations" frOIr( the consultant were to be utilized by the Board ofCowlty Commissioners as it deemed most appropriate. We hope that the County will carefully consider the recommendations in the consuIta'1t's preliminary report as the County goes forward with actions to improve wastewater infrastructure in the Florida Keys. EPA considers our role in this activity as one of facilitator. EP A looks forward to continuing its working relationship -with the agencies Tepresented on the Water Quality Protection Program Steering Committee as we strive to fully implement the reconunendations in the Water Quality Protec+.ion Program Document and Action Plan. Our common goal is the restOI'atlCn and protection of the precious environmental resources of the Florida Keys ~ ..eta. :to.:':o:.t 6105 Ocean Avenue Sweetbriar and the Beach Wildwood Crest, NJ 08260 (609) 522-0123 Monroe County Board of Commissioners Key Largo) Florida. June 20) 2000 Dear Board) Since we cannot be there to speak at your meeting) we are writing this letter to inform interested parties about the commercial and residential financial concerns involving the proposed sewer treatment system. The information we are sharing is based on our experience. We have been in business in New Jersey) in an extremely environmentally sensitive area) for the past 30 years. In the middle 1980's there became the need to address the clean water issue and the costs involved were a large concern. Commercially speaking) being in the hotel and tourist industry) we had to pass some of the costs on to the consumer. We also live in Cape May County and had to pay individually too. Enclosed you will find the sewerage bills for our businesses and private homes from Cape May County. We have found that we were able to meet the financial needs over the past 16 years and are still able to survive the continued demands of the MUA (Municipal Utilities Authority). The MUA is the Authority set in place to deal with the waste and sewer treatment systems. We believe we only survived because the treatment plant keeps our water clean and our environment safe. Basically, we understand the company Key Largo is proposing to use to build the treatment facility is the same company we are presently using in Cape May County. The plant that is being proposed is similar in size to the smallest of the Cape May County plants located at Cape May Point. The proposed plant in Key Largo is a closed vacuum system and the Cape May County plant is a gravity system. According to the information from Cape May Point, the plant is functioning extremely well. 2 The costs were considered and the benefits weighed and the benefits far out-weighed the costs. The benefits being Clean Water and a future for this environmentally sensitive area. There is much that can be debated about the needs and solutions for this environmentally dangerous problem. One outstanding fact remains> if we did not have the clean water we now have> there would be little or no tourism and most of us would not want to live at the shore here in Cape May County. We can attribute the excellent water quality that we now enjoy to the foresight of those responsible for attacking the sewer treatment needs, of the 1980's, in Cape May County; and solving the problem the best way available. The necessary steps you face in building this greatly needed treatment system must be taken. The proposed plans for a closed vacuum system and a category five building, with out-fall lines down below to the water soaking limestone level; resulting in a high tertiary treated water> show thoughtful caring plans to preserve Key Largo> with all its natural beauty for generations to follow. Keep up the good work in dealing with the environment because the environment is our future. As homeowners in Key Largo we feel your attempts to solve this major pollution problem should be applauded. We approve the proposed sewer treatment facility to protect our property in Key Largo now and for our children to enjoy in the future. We hope that hearing from an area with similar environmental problems will be of some assistance. Please feel free to contact us if we can be of more assistance. // s;:~ ~ c;t q Mar~ The Accardi Family 625 Island Drive> Key Largo, Florida 224 E. Charleston Ave. Wildwood Crest, NJ 08260 609-522-2910 CUSTOMER COpy KEEP FOR YOUR RECORDS SEND COLORED REMITTANCE COpy WITH QUARTERLY PAYMENT 1 ST QUARTER Due April 1 G~I ~/Otl r!lp-/~~ 2ND QUARTER Due June 1 3RD QUARTER ..J ..J 4TH QUARTER - m w C) <( a: w ;: w (/) Due Sept. 1 o CD I-~ ..Wo OW'" I-a:Z w07if ...JeGl mOOl") ~O'C~ cf::g~ e~N (1).J3:!1n ~--.... O::3:g: w LL ai!2. :I:O~...J O::t:GlW CI) >~ w"<C ~::)~ <(0::: ~a:g OQ. m.... o .... CD ) .--9- bIJ. w IS! ISl ....~ ISl If) c( . . "0 U"'J N ~ 1'') N If) o;t'lf)O' .:J :5 I- O~en Ngi!: ISlCCZ .0 o ~ ~ ~::l0> t,') -, 0: ~u.iw Oz:C ..J ::l I- If)-'O lSl...oceo: lS!~cccc IS! ww N >->- en en ::l::l :;.::00 ceu>> cc 0 W W W..Jo:o: >-COQ.Q. - u W . :E' ::> ~~ ([ . - c. 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VJ ~ --..} ~ <'") ~ r{ rf'\, . l ' t' ~ ~ St. ~ ~ { ~ 4 ti III :g. ~ ::Jg -II) - . -- c'" i~ .~ 0> .cO ~E 1 III::J 't:c ",c ::J'" c:r.. .!!. ~ =1: f) 0_ "J:: " ,! i;'-g - ii '1:1", ~ ::0 00 ...... -II) III": ~ .c... -0 \ J >-- -- .aQ. ~'j '1:I::J ~ 'iE Q.::J c c ~ ::J C a", c.. \. ' 't E!. .~ ..~ '= .~ ~... ~- " ~ 0 "'"5 "'" \3 ~~ 'S ~ III .. .. .. -- "'-.J ~.s ~ 4(- .. .. ~ 1-- 1Il- we a:lII w- ~~ (j ~ ~ ~ 1 ST QUARTER 2ND QUARTER 34,04 04/03/(R) CliRR SbJR T!lT~::'i Due April 1 1 1 3 246 46:4. 3~3 d::et:;;;i . 7~:! Due June 1 3RD QUARTER ..J ..J 4TH QUARTER - In W ~ <( a: w 3: w en Due Sept. 1 e CD ....~ ..me Ow., ~ a:Z wU1if -.Joe mOUM ~O'tl:; ~==g~ O~N CI) ..J !! II) ~--..... u==:=g w lL ai'e J: 0 g.... CJ:::t:CIIW CI) >1- wO<C ~ :J.2 <0= --=a:~ ..::; 0 Q. m... e ... CD (. --Q- .:,j <I- :::>rJ) O:::>rJ) C!)J: ....:::>1- < Z ,-,,0 :::i:E :::> Ol 'a: ~ w. W o Z J: .... :::> I- -=t;'? lSlSa:a: lSl"<< lSl-=twW NM>->- rJ)rJ) :::>:::> .. 0 0 a:~>> i1ig~~ >-1IlQ.Q. t-= a.. w (J) w :;:) ....0 ~ o I- ~ o :::E N ... ...M w 1 ~-=t '1/') ~CD o-=t ...J a: a.. < w ~ o ~I/') a: 1 cr-. 5.... ....lI:t ~o- ~.... c W M:> I<J: lI:t I/')Z CD<J: -=tw U CJ I/') lSl .... ..0 MS 1 . -=t I/') OJ -=t Due Dec. 1 ...i c = en a: ~ >- =- .... a: a.. lSl ..0 N (X) 0- lSl 1-4 J: en 0:: W Z I- 0:: lJ <J: Z 0- ... ZWI- w:>en C!J<J:W 0:: lJZU <J: zwo uo "'00 <J: 3 ~I/')Q UlSl~ W....1-4 0..03 ~9~o-6Zl-609. Sl:l3J.NIl:ld l:l30"'31 , - (' LAST STAND P.O. Box 146, Key W . t, FI 33041 (305) 296-3335 "Protectmg the Keys" The Honorable Nora Williams Monroe County Board of Commissioners Marathon Government Annex 490 63rd Street, Ocean #110 Marathon, Florida 33050 ....._;....:::~_.. June 27, 2000 "Re: Centralized Wastewater Treatment in Key Largo Dear Commissioner Williams: On behalf of Last Stand, I wish to take this occasion to express our appreciation to the Board of Commissioners of Monroe County for the opportunity to address the Board at its May 18, 2000 meeting and express our support for centralized wastewater treatment in Key Largo. During the course of my remarks, I mentioned that Last Stand had submitted letters to Senator Bob Graham and Senator Connie Mack voicing our support for the Florida Keys Water Quality Improvements Act of2000 sponsored by Congressman Peter Deutsch and approved by the U.S. House of Representatives. In our letter, we also urged Senators Graham and Mack to sponsor companion legislation in the United States Senate. Copies of our letters to Senators Graham and Mack are enclosed for your review and consideration. I am pleased to report that Senator Mack responded to our letter and indicated that he would sponsor a companion bill. Notwithstanding these positive developments, favorable action on the Water Quality Improvements Act in the United States Senate is not a foregone conclusion. As we noted in our remarks to the Commission on May 18, 2000, it is our considered opinion that the Success of the bill depends, in part, upon a demonstration by the citizens of Monroe County that we are willing to commit a portion of our own resources to address water quality problems in the Florida Keys. In our letter to Senators Graham and Mack, we acknowledged the local commitment to water quality improvements but also emphasized that, due to the sparse population of Monroe County, such improvements could not be achieved without federal assistance. We also underscored our position that the Florida Keys constitute a resource of local, state and national significance justifying a corresponding commitment from each level of government. It would be tragic if state and federal funding for needed water quality improvement were jeopardized by an unwillingness to implement the commitments made by Monroe County. It would likewise be a disservice to those who would benefit most from improved water quality- the persons who live and work in Monroe County. On May 18,2000, Last Stand noted that the proposal by Ogden Water Systems had received a favorable review by the Water Quality Steering Committee of the Florida Keys National Marine Sanctuary. At that time, we reiterated our view (shared by the Steering Committee) that the capacity for centralized wastewater treatment in Key Largo be designed in such a manner as to avoid secondary growth impacts. Finally, we expressed our concern that certain outstanding operational and equity issues be addressed by the Commission, the Florida Keys Aqueduct Authority and Ogden Water Systems prior to consideration of the Ogden proposal by the Board of County Commissioners at its June 28, 2000 meeting. To the extent that such issues have been satisfactorily resolved, we respectfully urge the Board to favorably consider the proposal for centralized wastewater treatment for Key Largo on June 28,2000. If any additional information regarding the position of Last Stand on this issue would be of assistance, please do not hesitate to contact me. Thank you again for your time and consideration of our views. 2 LAST STAND P.O. Box 146, Key W t, FI33041 (305) 296-3335 "Protectmg the Keys" The Honorable Connie Mack United States Senate VVashington,D.C.20510 May 16, 2000 Dear Senator Mack: On behalf of the Board of Directors of Protect Key West, Incorporated d/b/a Last Stand, I wish to take this opportunity to express our support for the Florida Keys Water Quality Improvements Act of 2000 (H.R. 673) sponsored by Congressman Peter Deutsch and recently approved by the U.S. House of Representatives. We respectfully request that you introduce a companion bill in the United States Senate to further the prospects that H.R. 673 will become law. Last Stand is a not-for-profit organization located in Key West, Florida that, for the past thirteen years, has worked tirelessly to preserve, protect and improve the environment and quality of life of the Florida Keys. Through our efforts and the commitment of countless other individuals, organizations and governmental entities, substantial progress has been made to improve water quality in Monroe County. In particular, the citizens of Key West approved a bond issue this past November that will enable the city to substantially upgrade its sewage collection and treatment facilities. Likewise, Monroe County has embarked upon an ambitious effort to develop a wastewater management plan for the unincorporated areas of the Florida Keys. The cities of Islamorada and Marathon are in the process of undertaking similar commitments. As you are aware, however, the environmental integrity of the Florida Keys is not merely of local concern. The Florida Keys clearly possess attributes that are of national significance. The region is home to the only living coral barrier reef in the continental waters of the United States, the National Key Deer Wildlife Refuge, the Florida Keys National Marine Sanctuary, the Great White Heron National Wildlife Refuge and Dry Tortugas National Park. While the citizens of Monroe County and their elected representatives have made substantial financial commitments to improve water quality, there are serious limitations to the resources available locally. The entire population of Monroe County is approximately 85,000 residents. Our sparse population virtually assures that the necessary improvements to our wastewater and stormwater management systems cannot be adequately funded exclusively through local revenues. The protection of a national treasure requires the involvement of the national government. The Florida Keys Water Quality Improvements Act of 2000 provides this essential national component. The 75-25 percent matching grant program will assure a coordinated approach to the improvement of water quality in a region of national importance. The margin of approval of this legislation in the House of Representatives (411-7) demonstrates that it is viewed as a model of federal-state cooperation. It would indeed be tragic if we fail to seize this historic opportunity. We therefore respectfully urge you to introduce companion legislation to H.R. 673 in the United States Senate in order to enable the Florida Keys Aqueduct Authority, our county government and the incorporated municipalities in Monroe County to implement measures to improve the water quality of the Florida Keys. Thank you for your dedicated leadership in the United States Senate and your kind attention to this matter. Very truly yours, George Halloran, President 2 LAST STAND P.O. Box 146. Key W t. F133041 (305) 296-3335 "Protectmg the Keys" The Honorable Bob Graham United States Senate VVashington,D.C.20510 May 16, 2000 Dear Senator Graham: On behalf of the Board of Directors of Protect Key West, Incorporated d/b/a Last Stand, I wish to take this opportunity to express our support for the Florida Keys Water Quality Improvements Act of 2000 (H.R. 673) sponsored by Congressman Peter Deutsch and recently approved by the U.S. House of Representatives. We respectfully request that you introduce a companion bill in the United States Senate to further the prospects that H.R. 673 will become law. Last Stand is a not-for-profit organization located in Key West, Florida that, for the past thirteen years, has worked tirelessly to preserve, protect and improve the environment and quality of life of the Florida Keys. Through our efforts and the commitment of countless other individuals, organizations and governmental entities, substantial progress has been made to improve water quality in Monroe County. In particular, the citizens of Key West approved a bond issue this past November that will enable the city to substantially upgrade its sewage collection and treatment facilities. Likewise, Monroe County has embarked upon an ambitious effort to develop a wastewater management plan for the unincorporated areas of the Florida Keys. The cities of Islamorada and Marathon are in the process of undertaking similar commitments. As you are aware, however, the environmental integrity of the Florida Keys is not merely of local concern. The Florida Keys clearly possess attributes that are of national significance. The region is home to the only living coral barrier reef in the continental waters of the United States, the National Key Deer Wildlife Refuge, the Florida Keys National Marine Sanctuary, the Great White Heron National Wildlife Refuge and Dry Tortugas National Park. While the citizens of Monroe County and their elected representatives have made substantial financial commitments to improve water quality, there are serious limitations to the resources available locally. The entire population of Monroe County is approximately 85,000 residents. Our sparse population virtually assures that the necessary improvements to our wastewater and stormwater management systems cannot be adequately funded exclusively through local revenues. The protection of a national treasure requires the involvement of the national government. The Florida Keys Water Quality Improvements Act of2000 provides this essential national component. The 75-25 percent matching grant program will assure a coordinated approach to the improvement of water quality in a region of national importance. The margin of approval of this legislation in the House of Representatives (411-7) demonstrates that it is viewed as a model of federal-state cooperation. It would indeed be tragic if we fail to seize this historic opportunity. We therefore respectfully urge you to introduce companion legislation to H.R. 673 in the United States Senate in order to enable the Florida Keys Aqueduct Authority, our county government and the incorporated municipalities in Monroe County to implement measures to improve the water quality of the Florida Keys. Thank you for your dedicated leadership in the United States Senate and your kind attention to this matter. Very truly yours, George Halloran, President 2 CONNIE MACK FLORIDA llnitro ~tattS ~tnatt WASHINGTON, DC 2051<H>904 May 24, 2000 George Halloran Last Stand P.O. Box 146 Key West, FL 33041 Dear Mr. Halloran: Thank you for contacting me regarding H.R. 673, the Florida Keys Water Quality Improvements Act of2000. It was good to hear from you. As you know, this bill was introduced by Representative Peter Deutsch (D-FL) to make grants available for the purpose of improving water quality throughout the marine ecosystem ofthe Florida Keys. Specifically, this legislation authorizes $213 million over five years for waste and storm water treatment projects in the Florida Keys. H.R. 673 mandates the non-Federal share of project costs to be at least 25 percent. This bill passed the House of Representatives on May 4, 2000 by a vote of 411-7, and is currently pending before the Senate Committee on Environment and Public Works. I have been encouraged by the progress made by the Florida Keys to develop and implement a wastewater treatmen~ plan. Be assured I will continue to work along with Senator Bob Graham to assess the Senate Environment and Public Works Committee's interest and support for developing similar legislation in the Senate. Again, thank you for contacting me regarding this important legislation. I appreciate the opportunity to learn of your concerns. a:~ Connie Mack United States Senator CM/cas -: LAST STAND P.O. Box 146, Key W ,t, FI33041 (305) 296-3335 "Protectlng the Keys" The Honorable Mary Kay Reich Monroe County Board of Commissioners Government Center Tavernier, Florida 33070 June 27, 2000 Re: Centralized Wastewater Treatment in Key Largo Dear Commissioner Reich: On behalf of Last Stand, I wish to take this occasion to express our appreciation to the Board of Commissioners of Monroe County for the opportunity to address the Board at its May 18, 2000 meeting and express our support for centralized wastewater treatment in Key Largo. During the course of my remarks, I mentioned that Last Stand had submitted letters to Senator Bob Graham and Senator Connie Mack voicing our support for the Florida Keys Water Quality Improvements Act of 2000 sponsored by Congressman Peter Deutsch and approved by the U.S. House of Representatives. In our letter, we also urged Senators Graham and Mack to sponsor companion legislation in the United States Senate. Copies of our letters to Senators Graham and Mack are enclosed for your review and consideration. I am pleased to report that Senator Mack responded to our letter and indicated that he would sponsor a companion bill. Notwithstanding these positive developments, favorable action on the Water Quality Improvements Act in the United States Senate is not a foregone conclusion. As we noted in our remarks to the Commission on May 18, 2000, it is our considered opinion that the success of the bill depends, in part, upon a demonstration by the citizens of Monroe County that we are willing to commit a portion of our own resources to address water quality problems in the Florida Keys. In our letter to Senators Graham and Mack, we acknowledged the local commitment to water quality improvements but also emphasized that, due to the sparse population of Monroe County, such improvements could not be achieved without federal assistance. We also underscored our position that the Florida Keys constitute a resource of local, state and national significance justifying a corresponding commitment from each level of government. It would be tragic if state and federal funding for needed water quality improvement were jeopardized by an unwillingness to implement the commitments made by Monroe County. It would likewise be a disservice to those who would benefit most from improved water quality- the persons who live and work in Monroe County. On May 18,2000, Last Stand noted that the proposal by Ogden Water Systems had received a favorable review by the Water Quality Steering Committee of the Florida Keys National Marine Sanctuary. At that time, we reiterated our view (shared by the Steering Committee) that the capacity for centralized wastewater treatment in Key Largo be designed in such a manner as to avoid secondary growth impacts. Finally, we expressed our concern that certain outstanding operational and equity issues be addressed by the Commission, the Florida Keys Aqueduct Authority and Ogden Water Systems prior to consideration of the Ogden proposal by the Board of County Commissioners at its June 28, 2000 meeting. To the extent that such issues have been satisfactorily resolved, we respectfully urge the Board to favorably consider the proposal for centralized wastewater treatment for Key Largo on June 28, 2000. If any additional information regarding the position of Last Stand on this issue would be of assistance, please do not hesitate to contact me. Thank you again for your time and consideration of our views. Very truly yours, ( ~?~~~~\~cry() \ ~seph X. DiNovo '.... Executive Director 2 LAST STAND P.O. Box 146. Key W t. FI33041 (305) 296-3335 "Protectmg the Keys" The Honorable Bob Graham United States Senate Washington, D.C. 20510 May 16, 2000 Dear Senator Graham: On behalf of the Board of Directors of Protect Key West, Incorporated d/b/a Last Stand, I wish to take this opportunity to express our support for the Florida Keys Water Quality Improvements Act of 2000 (H.R. 673) sponsored by Congressman Peter Deutsch and recently approved by the U.S. House of Representatives. We respectfully request that you introduce a companion bill in the United States Senate to further the prospects that H.R. 673 will become law. Last Stand is a not-for-profit organization located in Key West, Florida that, for the past thirteen years, has worked tirelessly to preserve, protect and improve the environment and quality of life of the Florida Keys. Through our efforts and the commitment of countless other individuals, organizations and governmental entities, substantial progress has been made to improve water quality in Monroe County. In particular, the citizens of Key West approved a bond issue this past November that will enable the city to substantially upgrade its sewage collection and treatment facilities. Likewise, Monroe County has embarked upon an ambitious effort to develop a wastewater management plan for the unincorporated areas of the Florida Keys. The cities of Islamorada and Marathon are in the process of undertaking similar commitments. As you are aware, however, the environmental integrity of the Florida Keys is not merely of local concern. The Florida Keys clearly possess attributes that are of national significance. The region is home to the only living coral barrier reef in the continental waters of the United States, the National Key Deer Wildlife Refuge, the Florida Keys National Marine Sanctuary, the Great White Heron National Wildlife Refuge and Dry Tortugas National Park. While the citizens of Monroe County and their elected representatives have made substantial financial commitments to improve water quality, there are serious limitations to the resources available locally. The entire population of Monroe County is approximately 85,000 residents. Our sparse population virtually assures that the necessary improvements to our wastewater and stormwater management systems cannot be adequately funded exclusively through local revenues. The protection of a national treasure requires the involvement of the national government. The Florida Keys Water Quality Improvements Act of 2000 provides this essential national component. The 75-25 percent matching grant program will assure a coordinated approach to the improvement of water quality in a region of national importance. The margin of approval of this legislation in the House of Representatives (411-7) demonstrates that it is viewed as a model of federal-state cooperation. It would indeed be tragic if we fail to seize this historic opportunity. We therefore respectfully urge you to introduce companion legislation to H.R. 673 in the United States Senate in order to enable the Florida Keys Aqueduct Authority, our county government and the incorporated municipalities in Monroe County to implement measures to improve the water quality of the Florida Keys. Thank you for your dedicated leadership in the United States Senate and your kind attention to this matter. Very truly yours, George Halloran, President 2 LAST STAND P.O. Box 146, Key W t, FI 33041 (305) 296-3335 "Protectmg the Keys" The Honorable Connie Mack United States Senate VVashington,D.C.20510 May 16, 2000 Dear Senator Mack: On behalf of the Board of Directors of Protect Key West, Incorporated d/b/a Last Stand, I wish to take this opportunity to express our support for the Florida Keys Water Quality Improvements Act of2000 (H.R. 673) sponsored by Congressman Peter Deutsch and recently approved by the U.S. House of Representatives. We respectfully request that you introduce a companion bill in the United States Senate to further the prospects that H.R. 673 will become law. Last Stand is a not-for-profit organization located in Key West, Florida that, for the past thirteen years, has worked tirelessly to preserve, protect and improve the environment and quality oflife of the Florida Keys. Through our efforts and the commitment of countless other individuals, organizations and governmental entities, substantial progress has been made to improve water quality in Monroe County. In particular, the citizens of Key West approved a bond issue this past November that will enable the city to substantially upgrade its sewage collection and treatment facilities. Likewise, Monroe County has embarked upon an ambitious effort to develop a wastewater management plan for the unincorporated areas of the Florida Keys. The cities ofIslamorada and Marathon are in the process of undertaking similar commitments. As you are aware, however, the environmental integrity of the Florida Keys is not merely of local concern. The Florida Keys clearly possess attributes that are of national significance. The region is home to the only living coral barrier reef in the continental waters of the United States, the National Key Deer Wildlife Refuge, the Florida Keys National Marine Sanctuary, the Great White Heron National Wildlife Refuge and Dry Tortugas National Park. While the citizens of Monroe County and their elected representatives have made substantial financial commitments to improve water quality, there are serious limitations to the resources available locally. The entire population of Monroe County is approximately 85,000 residents. Our sparse population virtually assures that the necessary improvements to our wastewater and stormwater management systems cannot be adequately funded exclusively through local revenues. The protection of a national treasure requires the involvement of the national government. The Florida Keys Water Quality Improvements Act of2000 provides this essential national component. The 75-25 percent matching grant program will assure a coordinated approach to the improvement of water quality in a region of national importance. The margin of approval of this legislation in the House of Representatives (411-7) demonstrates that it is viewed as a model of federal-state cooperation. It would indeed be tragic if we fail to seize this historic opportunity. We therefore respectfully urge you to introduce companion legislation to H.R. 673 in the United States Senate in order to enable the Florida Keys Aqueduct Authority, our county government and the incorporated municipalities in Monroe County to implement measures to improve the water quality of the Florida Keys. Thank you for your dedicated leadership in the United States Senate and your kind attention to this matter. Very truly yours, George Halloran, President 2 CONNIE MACK FLORIDA tinittd ~tattS ~tnatt WASHINGTON, DC 20510-0904 May 24, 2000 George Halloran Last Stand P.O. Box 146 Key West, FL 33041 Dear Mr. Halloran: Thank you for contacting me regarding H.R. 673, the Florida Keys Water Quality Improvements Act of 2000. It was good to hear from you. As you know, this bill was introduced by Representative Peter Deutsch (D-FL) to make grants available for the purpose of improving water quality throughout the marine ecosystem of the Florida Keys. Specifically, this legislation authorizes $213 million over five years for waste and storm water treatment projects in the Florida Keys. H.R. 673 mandates the non-Federal share of project costs to be at least 25 percent. This bill passed the House of Representatives on May 4, 2000 by a vote of 411-7, and is currently pending before the Senate Committee on Environment and Public Works. I have been encouraged by the progress made by the Florida Keys to develop and implement a wastewater treatment plan. Be assured I will continue to work along with Senator Bob Graham to assess the Senate Environment and Public Works Committee's interest and support for developing similar legislation in the Senate. Again, thank you for contacting me regarding this important legislation. I appreciate the opportunity to learn of your concerns. cz:~ Connie Mack United States Senator CM/cas .. LAST STAND P.O. Box 146, Key W . t, FI 33041 (305) 296-3335 "Protectmg the Keys" The Honorable Shirley Freeman Monroe County Board of Commissioners 310 Fleming Street Key West, Florida 33040 June 27, 2000 Re: Centralized Wastewater Treatment in Key Largo Dear Mayor Freeman: On behalf of Last Stand, I wish to take this occasion to express our appreciation to the Board of Commissioners of Monroe County for the opportunity to address the Board at its May 18, 2000 meeting and express our support for centralized wastewater treatment in Key Largo. During the course of my remarks, I mentioned that Last Stand had submitted letters to Senator Bob Graham and Senator Connie Mack voicing our support for the Florida Keys Water Quality Improvements Act of 2000 sponsored by Congressman Peter Deutsch and approved by the U.S. House of Representatives. In our letter, we also urged Senators Graham and Mack to sponsor companion legislation in the United States Senate. Copies of our letters to Senators Graham and Mack are enclosed for your review and consideration. I am pleased to report that Senator Mack responded to our letter and indicated that he would sponsor a companion bill. Notwithstanding these positive developments, favorable action on the Water Quality Improvements Act in the United States Senate is not a foregone conclusion. As we noted in our remarks to the Commission on May 18, 2000, it is our considered opinion that the success of the bill depends, in part, upon a demonstration by the citizens of Monroe County that we are willing to commit a portion of our own resources to address water quality problems in the Florida Keys. In our letter to Senators Graham and Mack, we acknowledged the local commitment to water quality improvements but also emphasized that, due to the sparse population of Monroe County, such improvements could not be achieved without federal assistance. We also underscored our position that the Florida Keys constitute a resource of local, state and national significance justifying a corresponding commitment from each level of government. It would be tragic if state and federal funding for needed water quality improvement were jeopardized by an unwillingness to implement the commitments made by Monroe County. It would likewise be a disservice to those who would benefit most from improved water quality- the persons who live and work in Monroe County. On May 18,2000, Last Stand noted that the proposal by Ogden Water Systems had received a favorable review by the Water Quality Steering Committee of the Florida Keys National Marine Sanctuary. At that time, we reiterated our view (shared by the Steering Committee) that the capacity for centralized wastewater treatment in Key Largo be designed in such a manner as to avoid secondary growth impacts. Finally, we expressed our concern that certain outstanding operational and equity issues be addressed by the Commission, the Florida Keys Aqueduct Authority and Ogden Water Systems prior to consideration of the Ogden proposal by the Board of County Commissioners at its June 28, 2000 meeting. To the extent that such issues have been satisfactorily resolved, we respectfully urge the Board to favorably consider the proposal for centralized wastewater treatment for Key Largo on June 28, 2000. If any additional information regarding the position of Last Stand on this issue would be of assistance, please do not hesitate to contact me. Thank you again for your time and consideration of our views. ( ! V7;::YIZ~S, )^,-CYVO \ ~ ~seph X. DiNovo \..~ Executive Director 2 LAST STAND P.O. Box 146, Key W ,t, FI33041 (305) 296-3335 "Protectmg the Keys" The Honorable Connie Mack United States Senate VVashington,D.C.20510 May 16, 2000 Dear Senator Mack: On behalf of the Board of Directors of Protect Key West, Incorporated d/b/a Last Stand, I wish to take this opportunity to express our support for the Florida Keys Water Quality Improvements Act of2000 (H.R. 673) sponsored by Congressman Peter Deutsch and recently approved by the U.S. House of Representatives. We respectfully request that you introduce a companion bill in the United States Senate to further the prospects that H.R. 673 will become law. Last Stand is a not-for-profit organization located in Key West, Florida that, for the past thirteen years, has worked tirelessly to preserve, protect and improve the environment and quality of life of the Florida Keys. Through our efforts and the commitment of countless other individuals, organizations and governmental entities, substantial progress has been made to improve water quality in Monroe County. In particular, the citizens of Key West approved a bond issue this past November that will enable the city to substantially upgrade its sewage collection and treatment facilities. Likewise, Monroe County has embarked upon an ambitious effort to develop a wastewater management plan for the unincorporated areas of the Florida Keys. The cities of Islamorada and Marathon are in the process of undertaking similar commitments. As you are aware, however, the environmental integrity of the Florida Keys is not merely of local concern. The Florida Keys clearly possess attributes that are of national significance. The region is home to the only living coral barrier reef in the continental waters of the United States, the National Key Deer Wildlife Refuge, the Florida Keys National Marine Sanctuary, the Great White Heron National Wildlife Refuge and Dry Tortugas National Park. While the citizens of Monroe County and their elected representatives have made substantial financial commitments to improve water quality, there are serious limitations to the resources available locally. The entire population of Monroe County is approximately 85,000 residents. Our sparse population virtually assures that the necessary improvements to our wastewater and stormwater management systems cannot be adequately funded exclusively through local revenues. The protection of a national treasure requires the involvement of the national government. The Florida Keys Water Quality Improvements Act of 2000 provides this essential national component. The 75-25 percent matching grant program will assure a coordinated approach to the improvement of water quality in a region of national importance. The margin of approval of this legislation in the House of Representatives (41 I -7) demonstrates that it is viewed as a model of federal-state cooperation. It would indeed be tragic if we fail to seize this historic opportunity. We therefore respectfully urge you to introduce companion legislation to H.R. 673 in the United States Senate in order to enable the Florida Keys Aqueduct Authority, our county government and the incorporated municipalities in Monroe County to implement measures to improve the water quality of the Florida Keys. Thank you for your dedicated leadership in the United States Senate and your kind attention to this matter. Very truly yours, George Halloran, President 2 LAST STAND P.O. Box 146, Key W t, FI33041 (305) 296-3335 "Protectlng the Keys" The Honorable Bob Graham United States Senate Washington, D.C. 20510 May 16, 2000 Dear Senator Graham: On behalf of the Board of Directors of Protect Key West, Incorporated d/b/a Last Stand, I wish to take this opportunity to express our support for the Florida Keys Water Quality Improvements Act of 2000 (H.R. 673) sponsored by Congressman Peter Deutsch and recently approved by the U.S. House of Representatives. We respectfully request that you introduce a companion bill in the United States Senate to further the prospects that H.R. 673 will become law. Last Stand is a not-for-profit organization located in Key West, Florida that, for the past thirteen years, has worked tirelessly to preserve, protect and improve the environment and quality of life of the Florida Keys. Through our efforts and the commitment of countless other individuaJs, organizations and governmental entities, substantial progress has been made to improve water quality in Monroe County. In particular, the citizens of Key West approved a bond issue this past November that will enable the city to substantially upgrade its sewage collection and treatment facilities. Likewise, Monroe County has embarked upon an ambitious effort to develop a wastewater management plan for the unincorporated areas of the Florida Keys. The cities of Islamorada and Marathon are in the process of undertaking similar commitments. As you are aware, however, the environmental integrity of the Florida Keys is not merely of local concern. The Florida Keys clearly possess attributes that are of national significance. The region is home to the only living coral barrier reef in the continental waters of the United States, the National Key Deer Wildlife Refuge, the Florida Keys National Marine Sanctuary, the Great White Heron National Wildlife Refuge and Dry Tortugas National Park. While the citizens of Monroe County and their elected representatives have made substantial financial commitments to improve water quality, there are serious limitations to the resources available locally. The entire population of Monroe County is approximately 85,000 residents. Our sparse population virtually assures that the necessary improvements to our wastewater and stormwater management systems cannot be adequately funded exclusively through local revenues. The protection of a national treasure requires the involvement of the national government. The Florida Keys Water Quality Improvements Act of 2000 provides this essential national component. The 75-25 percent matching grant program will assure a coordinated approach to the improvement of water quality in a region of national importance. The margin of approval of this legislation in the House of Representatives (411-7) demonstrates that it is viewed as a model of federal-state cooperation. It would indeed be tragic if we fail to seize this historic opportunity. We therefore respectfully urge you to introduce companion legislation to H.R. 673 in the United States Senate in order to enable the Florida Keys Aqueduct Authority, our county government and the incorporated municipalities in Monroe County to implement measures to improve the water quality of the Florida Keys. Thank you for your dedicated leadership in the United States Senate and your kind attention to this matter. Very truly yours, George Halloran, President 2 CONNIE MACK FLORIDA tinittd ~tatt5 ~tnatt WASHINGTON, DC 2051lHl904 May 24, 2000 George Halloran Last Stand P.O. Box 146 Key West, FL 33041 Dear Mr. Halloran: Thank you for contacting me regarding H.R. 673, the Florida Keys Water Quality Improvements Act of 2000. It was good to hear from you. As you know, this bill was introduced by Representative Peter Deutsch (D-FL) to make grants available for the purpose of improving water quality throughout the marine ecosystem of the Florida Keys. Specifically, this legislation authorizes $213 million over five years for waste and storm water treatment projects in the Florida Keys. H.R. 673 mandates the non-Federal share of project costs to be at least 25 percent. This bill passed the House of Representatives on May 4, 2000 by a vote of 411-7, and is currently pending before the Senate Committee on Environment and Public Works. I have been encouraged by the progress made by the Florida Keys to develop and implement a wastewater treatment. plan. Be assured I will continue to work along with Senator Bob Graham to assess the Senate Environment and Public Works Committee's interest and support for developing similar legislation in the Senate. Again, thank you for contacting me regarding this important legislation. I appreciate the opportunity to learn of your concerns. a:~ Connie Mack United States Senator CM/cas LAST STAND P.O. Box 146, Key W ,t, FI33041 (305) 296-3335 "Protectmg the Keys" The Honorable Wilhemina Harvey Monroe County Board of Commissioners 310 Fleming Street Key West, Florida 33040 June 27, 2000 Re: Centralized Wastewater Treatment in Key Largo Dear Commissioner Harvey: On behalf of Last Stand, I wish to take this occasion to express our appreciation to the Board of Commissioners of Monroe County for the opportunity to address the Board at its May 18, 2000 meeting and express our support for centralized wastewater treatment in Key Largo. During the course of my remarks, I mentioned that Last Stand had submitted letters to Senator Bob Graham and Senator Connie Mack voicing our support for the Florida Keys Water Quality Improvements Act of 2000 sponsored by Congressman Peter Deutsch and approved by the U.S. House of Representatives. In our letter, we also urged Senators Graham and Mack to sponsor companion legislation in the United States Senate. Copies of our letters to Senators Graham and Mack are enclosed for your review and consideration. I am pleased to report that Senator Mack responded to our letter and indicated that he would sponsor a companion bill. Notwithstanding these positive developments, favorable action on the Water Quality Improvements Act in the United States Senate is not a foregone conclusion. As we noted in our remarks to the Commission on May 18, 2000, it is our considered opinion that the success of the bill depends, in part, upon a demonstration by the citizens of Monroe County that we are willing to commit a portion of our own resources to address water quality problems in the Florida Keys. In our letter to Senators Graham and Mack, we acknowledged the local commitment to water quality improvements but also emphasized that, due to the sparse population of Monroe County, such improvements could not be achieved without federal assistance. We also underscored our position that the Florida Keys constitute a resource of local, state and national significance justifying a corresponding commitment from each level of government. It would be tragic if state and federal funding for needed water quality improvement were jeopardized by an unwillingness to implement the commitments made by Monroe County. It would likewise be a disservice to those who would benefit most from improved water quality- the persons who live and work in Monroe County. On May 18,2000, Last Stand noted that the proposal by Ogden Water Systems had received a favorable review by the Water Quality Steering Committee of the Florida Keys National Marine Sanctuary. At that time, we reiterated our view (shared by the Steering Committee) that the capacity for centralized wastewater treatment in Key Largo be designed in such a manner as to avoid secondary growth impacts. Finally, we expressed our concern that certain outstanding operational and equity issues be addressed by the Commission, the Florida Keys Aqueduct Authority and Ogden Water Systems prior to consideration of the Ogden proposal by the Board of County Commissioners at its June 28, 2000 meeting. To the extent that such issues have been satisfactorily resolved, we respectfully urge the Board to favorably consider the proposal for centralized wastewater treatment for Key Largo on June 28,2000. If any additional information regarding the position of Last Stand on this issue would be of assistance, please do not hesitate to contact me. Thank you again for your time and consideration of our views. /--~--- Very truly yours, ( ~ t---.. ~ ~, ~ cn-k> .... '\ ~seph X. DiNovo - Executive Director 2 LAST STAND P.O. Box 146, Key W ,t, FI33041 (305) 296-3335 "Protectmg the Keys" The Honorable Bob Graham United States Senate Washington, D.C. 20510 May 16, 2000 Dear Senator Graham: On behalf of the Board of Directors of Protect Key West, Incorporated d/b/a Last Stand, I wish to take this opportunity to express our support for the Florida Keys Water Quality Improvements Act of 2000 (H.R. 673) sponsored by Congressman Peter Deutsch and recently approved by the U.S. House of Representatives. We respectfully request that you introduce a companion bill in the United States Senate to further the prospects that H.R. 673 will become law. Last Stand is a not-for-profit organization located in Key West, Florida that, for the past thirteen years, has worked tirelessly to preserve, protect and improve the environment and quality oflife of the Florida Keys. Through our efforts and the commitment of countless other individuals, organizations and governmental entities, substantial progress has been made to improve water quality in Monroe County. In particular, the citizens of Key West approved a bond issue this past November that will enable the city to substantially upgrade its sewage collection and treatment facilities. Likewise, Monroe County has embarked upon an ambitious effort to develop a wastewater management plan for the unincorporated areas of the Florida Keys. The cities of Islamorada and Marathon are in the process of undertaking similar commitments. As you are aware, however, the environmental integrity of the Florida Keys is not merely of local concern. The Florida Keys clearly possess attributes that are of national significance. The region is home to the only living coral barrier reef in the continental waters of the United States, the National Key Deer Wildlife Refuge, the Florida Keys National Marine Sanctuary, the Great White Heron National Wildlife Refuge and Dry Tortugas National Park. While the citizens of Monroe County and their elected representatives have made substantial financial commitments to improve water quality, there are serious limitations to the resources available locally. The entire population of Monroe County is approximately 85,000 residents. Our sparse population virtually assures that the necessary improvements to our wastewater and stormwater management systems cannot be adequately funded exclusively through local revenues. The protection of a national treasure requires the involvement of the national government. The Florida Keys Water Quality Improvements Act of2000 provides this essential national component. The 75-25 percent matching grant program will assure a coordinated approach to the improvement of water quality in a region of national importance. The margin of approval of this legislation in the House of Representatives (411-7) demonstrates that it is viewed as a model of federal-state cooperation. It would indeed be tragic if we fail to seize this historic opportunity. We therefore respectfully urge you to introduce companion legislation to H.R. 673 in the United States Senate in order to enable the Florida Keys Aqueduct Authority, our county government and the incorporated municipalities in Monroe County to implement measures to improve the water quality of the Florida Keys. Thank you for your dedicated leadership in the United States Senate and your kind attention to this matter. Very truly yours, George Halloran, President 2 LAST STAND P.O. Box 146, Key W t, FI 33041 (305) 296-3335 "Protecting the Keys" The Honorable Connie Mack United States Senate VVashington,D.C.20510 May 16, 2000 Dear Senator Mack: On behalf of the Board of Directors of Protect Key West, Incorporated d/b/a Last Stand, I wish to take this opportunity to express our support for the Florida Keys Water Quality Improvements Act of2000 (H.R. 673) sponsored by Congressman Peter Deutsch and recently approved by the U.S. House of Representatives. We respectfully request that you introduce a companion bill in the United States Senate to further the prospects that H.R. 673 will become law. Last Stand is a not-for-profit organization located in Key West, Florida that, for the past thirteen years, has worked tirelessly to preserve, protect and improve the environment and quality of life of the Florida Keys. Through our efforts and the commitment of countless other individuals, organizations and governmental entities, substantial progress has been made to improve water quality in Monroe County. In particular, the citizens of Key West approved a bond issue this past November that will enable the city to substantially upgrade its sewage collection and treatment facilities. Likewise, Monroe County has embarked upon an ambitious effort to develop a wastewater management plan for the unincorporated areas of the Florida Keys. The cities ofIslamorada and Marathon are in the process of undertaking similar commitments. As you are aware, however, the environmental integrity of the Florida Keys is not merely of local concern. The Florida Keys clearly possess attributes that are of national significance. The region is home to the only living coral barrier reef in the continental waters of the United States, the National Key Deer Wildlife Refuge, the Florida Keys National Marine Sanctuary, the Great White Heron National Wildlife Refuge and Dry Tortugas National Park. While the citizens of Monroe County and their elected representatives have made substantial financial commitments to improve water quality, there are serious limitations to the resources available locally. The entire population of Monroe County is approximately 85,000 residents. Our sparse population virtually assures that the necessary improvements to our wastewater and stormwater management systems cannot be adequately funded exclusively through local revenues. The protection of a national treasure requires the involvement of the national government. The Florida Keys Water Quality Improvements Act of 2000 provides this essential national component. The 75-25 percent matching grant program will assure a coordinated approach to the improvement of water quality in a region of national importance. The margin of approval of this legislation in the House of Representatives (411-7) demonstrates that it is viewed as a model of federal-state cooperation. It would indeed be tragic if we fail to seize this historic opportunity. We therefore respectfully urge you to introduce companion legislation to H.R. 673 in the United States Senate in order to enable the Florida Keys Aqueduct Authority, our county government and the incorporated municipalities in Monroe County to implement measures to improve the water quality of the Florida Keys. Thank you for your dedicated leadership in the United States Senate and your kind attention to this matter. Very truly yours, George Halloran, President 2 CONNIE MACK FLORIDA tinitro ~tatcs ~cnatc WASHINGTON. DC 20510-0904 May 24, 2000 George Halloran Last Stand P.O. Box 146 Key West, FL 33041 Dear Mr. Halloran: Thank you for contacting me regarding H.R. 673, the Florida Keys Water Quality Improvements Act of 2000. It was good to hear from you. As you know, this bill was introduced by Representative Peter Deutsch (D-FL) to make grants available for the purpose of improving water quality throughout the marine ecosystem of the Florida Keys. Specifically, this legislation authorizes $213 million over five years for waste and storm water treatment projects in the Florida Keys. H.R. 673 mandates the non-Federal share of project costs to be at least 25 percent. This bill passed the House of Representatives on May 4, 2000 by a vote of 411-7, and is currently pending before the Senate Committee on Environment and Public Works. I have been encouraged by the progress made by the Florida Keys to develop and implement a wastewater treatment. plan. Be assured I will continue to work along with Senator Bob Graham to assess the Senate Environment and Public Works Committee's interest and support for developing similar legislation in the Senate. Again, thank you for contacting me regarding this important legislation. I appreciate the opportunity to learn of your concerns. ?L~ Connie Mack United States Senator CM/cas .~ LAST STAND P.O. Box 146, Key W .t, FI33041 (305) 296-3335 "Protectmg the Keys" The Honorable George Neugent Monroe County Board of Commissioners 25 Ships Way Big Pine Key, Florida 33043 June 27, 2000 Re: Centralized Wastewater Treatment in Key Largo Dear Commissioner Neugent: On behalf of Last Stand, I wish to take this occasion to express our appreciation to the Board of Commissioners of Monroe County for the opportunity to address the Board at its May 18, 2000 meeting and express our support for centralized wastewater treatment in Key Largo. During the course of my remarks, I mentioned that Last Stand had submitted letters to Senator Bob Graham and Senator Connie Mack voicing our support for the Florida Keys Water Quality Improvements Act of 2000 sponsored by Congressman Peter Deutsch and approved by the U.S. House of Representatives. In our letter, we also urged Senators Graham and Mack to sponsor companion legislation in the United States Senate. Copies of our letters to Senators Graham and Mack are enclosed for your review and consideration. I am pleased to report that Senator Mack responded to our letter and indicated that he would sponsor a companion bill. Notwithstanding these positive developments, favorable action on the Water Quality Improvements Act in the United States Senate is not a foregone conclusion. As we noted in our remarks to the Commission on May 18, 2000, it is our considered opinion that the success of the bill depends, in part, upon a demonstration by the citizens of Monroe County that we are willing to commit a portion of our own resources to address water quality problems in the Florida Keys. In our letter to Senators Graham and Mack, we acknowledged the local commitment to water quality improvements but also emphasized that, due to the sparse population of Monroe County, such improvements could not be achieved without federal assistance. We also underscored our position that the Florida Keys constitute a resource oflocal, state and national significance justifying a corresponding commitment from each level of government. It would be tragic if state and federal funding for needed water quality improvement were jeopardized by an unwillingness to implement the commitments made by Monroe County. It would likewise be a disservice to those who would benefit most from improved water quality- the persons who live and work in Monroe County. On May 18,2000, Last Stand noted that the proposal by Ogden Water Systems had received a favorable review by the Water Quality Steering Committee of the Florida Keys National Marine Sanctuary. At that time, we reiterated our view (shared by the Steering Committee) that the capacity for centralized wastewater treatment in Key Largo be designed in such a manner as to avoid secondary growth impacts. Finally, we expressed our concern that certain outstanding operational and equity issues be addressed by the Commission, the Florida Keys Aqueduct Authority and Ogden Water Systems prior to consideration of the Ogden proposal by the Board of County Commissioners at its June 28, 2000 meeting. To the extent that such issues have been satisfactorily resolved, we respectfully urge the Board to favorably consider the proposal for centralized wastewater treatment for Key Largo on June 28, 2000. If any additional information regarding the position of Last Stand on this issue would be of assistance, please do not hesitate to contact me. Thank you again for your time and consideration of our views. ( Very truly yours, ". is..:) ~ 0~, AC/\-/Q "" .f6seph X. DiNovo . Executive Director 2 LAST STAND P.O. Box 146. Key W t. FI33041 (305) 296-3335 "Protecting the Keys" The Honorable Bob Graham United States Senate Washington, D.C. 20510 May 16, 2000 Dear Senator Graham: On behalf of the Board of Directors of Protect Key West, Incorporated d/b/a Last Stand, I wish to take this opportunity to express our support for the Florida Keys Water Quality Improvements Act of 2000 (H.R. 673) sponsored by Congressman Peter Deutsch and recently approved by the U.S. House of Representatives. We respectfully request that you introduce a companion bill in the United States Senate to further the prospects that H.R. 673 will become law. Last Stand is a not-for-profit organization located in Key West, Florida that, for the past thirteen years, has worked tirelessly to preserve, protect and improve the environment and quality of life of the Florida Keys. Through our efforts and the commitment of countless other individuals, organizations and governmental entities, substantial progress has been made to improve water quality in Monroe County. In particular, the citizens of Key West approved a bond issue this past November that will enable the city to substantially upgrade its sewage collection and treatment facilities. Likewise, Monroe County has embarked upon an ambitious effort to develop a wastewater management plan for the unincorporated areas of the Florida Keys. The cities of Islamorada and Marathon are in the process of undertaking similar commitments. As you are aware, however, the environmental integrity of the Florida Keys is not merely of local concern. The Florida Keys clearly possess attributes that are of national significance. The region is home to the only living coral barrier reef in the continental waters of the United States, the National Key Deer Wildlife Refuge, the Florida Keys National Marine Sanctuary, the Great White Heron National Wildlife Refuge and Dry Tortugas National Park. While the citizens of Monroe County and their elected representatives have made substantial financial commitments to improve water quality, there are serious limitations to the resources available locally. The entire population of Monroe County is approximately 85,000 residents. Our sparse population virtually assures that the necessary improvements to our wastewater and stormwater management systems cannot be adequately funded exclusively through local revenues. The protection of a national treasure requires the involvement of the national government. The Florida Keys Water Quality Improvements Act of2000 provides this essential national component. The 75-25 percent matching grant program will assure a coordinated approach to the improvement of water quality in a region of national importance. The margin of approval of this legislation in the House of Representatives (411-7) demonstrates that it is viewed as a model offederal-state cooperation. It would indeed be tragic if we fail to seize this historic opportunity. We therefore respectfully urge you to introduce companion legislation to H.R. 673 in the United States Senate in order to enable the Florida Keys Aqueduct Authority, our county government and the incorporated municipalities in Monroe County to implement measures to improve the water quality of the Florida Keys. Thank you for your dedicated leadership in the United States Senate and your kind attention to this matter. Very truly yours, George Halloran, President 2 LAST STAND P.O. Box 146, Key W ,t, FJ 33041 (305) 296-3335 "Protectmg the Keys" The Honorable Connie Mack United States Senate VVashington, D.C. 20510 May 16, 2000 Dear Senator Mack: On behalf of the Board of Directors of Protect Key West, Incorporated d/b/a Last Stand, I wish to take this opportunity to express our support for the Florida Keys Water Quality Improvements Act of2000 (H.R. 673) sponsored by Congressman Peter Deutsch and recently approved by the U.S. House of Representatives. We respectfully request that you introduce a companion bill in the United States Senate to further the prospects that H.R. 673 will become law. Last Stand is a not-for-profit organization located in Key West, Florida that, for the past thirteen years, has worked tirelessly to preserve, protect and improve the environment and quality of life of the Florida Keys. Through our efforts and the commitment of countless other individuals, organizations and governmental entities, substantial progress has been made to improve water quality in Monroe County. In particular, the citizens of Key West approved a bond issue this past November that will enable the city to substantially upgrade its sewage collection and treatment facilities. Likewise, Monroe County has embarked upon an ambitious effort to develop a wastewater management plan for the unincorporated areas of the Florida Keys. The cities ofIslamorada and Marathon are in the process of undertaking similar commitments. As you are aware, however, the environmental integrity of the Florida Keys is not merely of local concern. The Florida Keys clearly possess attributes that are of national significance. The region is home to the only living coral barrier reef in the continental waters of the United States, the National Key Deer Wildlife Refuge, the Florida Keys National Marine Sanctuary, the Great White Heron National Wildlife Refuge and Dry Tortugas National Park. While the citizens of Monroe County and their elected representatives have made substantial financial commitments to improve water quality, there are serious limitations to the resources available locally. The entire population of Monroe County is approximately 85,000 residents. Our sparse population virtually assures that the necessary improvements to our wastewater and stormwater management systems cannot be adequately funded exclusively through local revenues. The protection of a national treasure requires the involvement of the national government. The Florida Keys Water Quality Improvements Act of 2000 provides this essential national component. The 75-25 percent matching grant program will assure a coordinated approach to the improvement of water quality in a region of national importance. The margin of approval of this legislation in the House of Representatives (411-7) demonstrates that it is viewed as a model of federal-state cooperation. It would indeed be tragic if we fail to seize this historic opportunity. We therefore respectfully urge you to introduce companion legislation to H.R. 673 in the United States Senate in order to enable the Florida Keys Aqueduct Authority, our county government and the incorporated municipalities in Monroe County to implement measures to improve the water quality of the Florida Keys. Thank you for your dedicated leadership in the United States Senate and your kind attention to this matter. Very truly yours, George Halloran, President 2 CONNIE MACK FLORIDA tinittd ~tattS ~tnatt WASHINGTON. DC 20510-0904 May 24, 2000 George Halloran Last Stand P.O. Box 146 Key West, FL 33041 Dear Mr. Halloran: Thank you for contacting me regarding H.R. 673, the Florida Keys Water Quality Improvements Act of2000. It was good to hear from you. As you know, this bill was introduced by Representative Peter Deutsch (D-FL) to make grants available for the purpose of improving water quality throughout the marine ecosystem of the Florida Keys. Specifically, this legislation authorizes $213 million over five years for waste and storm water treatment projects in the Florida Keys. H.R. 673 mandates the non-Federal share of project costs to be at least 25 percent. This bill passed the House of Representatives on May 4, 2000 by a vote of 411-7, and is currently pending before the Senate Committee on Environment and Public Works. I have been encouraged by the progress made by the Florida Keys to develop and implement a wastewater treatmen~ plan. Be assured I will continue to work along with Senator Bob Graham to assess the Senate Environment and Public Works Committee's interest and support for developing similar legislation in the Senate. Again, thank you for contacting me regarding this important legislation. I appreciate the opportunity to learn of your concerns. a:~ Connie Mack United States Senator CM/cas Jun 24 00 09:33a Joan R. Mower:::! (305) 451-6449 p. 1 \ ~ SEWER $ $ $ $ $ . I ' DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largo/Tavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART - START SMALL /I 1l1tV<{((f tA o d '?;-I-ON' (; d!J~ M.lfrtc~~ Address .+, "J'W#J~ E GeoL-I- L.-9 I~ <--1/ I ; Name 4:...-<Ld~ lose f0 ~;u Name fJ.o De-trA-jLI t1-1? ~r u,ec~ Address 'J .5 rJJft; -L:!. Address 1(<) L4<J- ~ Name '- ~ \/ _ i3~)4.~<<" 'Z"..J O?) r<, Name '~~. /::f4-.io '--P c. ~ vl I Name' /~ SLdv,(cI ~ ~ Address / \\ 0)) ,cLo- ~J (4 Address ~ 4~ Z)c:eccV\. 1J "'1 l<~ 1-670 Address tiS- ~/.J f:- . ~L.#ji 2J Address I ~~\ortd~~~~~ 506~/'()... '~~ Address To Donate or Volunteer -- call 852-4-9-l-&- ~\C) ?: ~. r.J- v l... C () '7]' m ' > 5 "0 -./ e 1< 5 :J 5 ;;L - I '-I {,. '1 \ Jun 24 00 09:33a Joan R. Mower~ s { '-1'1 (305) 451-6449 p. 1 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largo/Tavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART - START SMALL 110 ~'ie f7~ Address ~ 1 ~ 6c~ D- ~<>-<-ycJ Address . 17, Z~~ f)/J<, 4!~ 4.7, R~e; ()i1. I ~ ~ //D r] ~r---- Ura'/ !~-2 L ~ '5'07f?' Address '--) ? (j 5 11 OC<:"~~-'1,'vL{ ~ 2l~ Ad6~ ~.JJ t Address z:r; j 0 3 7 Oc~J)(. ~~'1' Address J ffl.-/N 7 Na '?/--10,-.i C Donate or Volunteer -- call 852-~ ~\~ -r; l!r.J-vl.- CO-?il7l'S;5;o,.,;e/15 g5;L~!'-I&7' Jun 24 00 09:33a Joan R. Mower~ \ (305) 451-6449 p. 1 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largorravernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL .- Y /// f / c: S {'-I'I /1:,,"~7 /U/c c.Jlj(1S 1;// &- /I/~{D. fl'-IN 7 Name ~." ,--~f' / c:: {,........ ..=:~~ \;. o;:::J-ItIM.1:.S' SC {( uLr ~ ~me ...------. j ') , ',;/ 1--/.'." '^ - (. G---- N e I({c I/J.;:. Gt t\J f! Ii ~ 0 a~4_ ~ Name ~;:;- /,/~J hLJL ~/,4?J;V ( . Name ~L-))()Mk~ Ate Name ';::' I /";'0"", C -LCj'q 6-~/5UIC /J;'L( (t:2-5;:{f/ Address I (to ff;f'(//_S Icq illJ(fJ 1'S2 )i.'/ '1 Address . 1S:9 KU/ s, j Ii -rA If ~.{2 9i.J4 () Address .co r?614oYlM~~ I~Lj2 (A.ddress II Address tjl ~~~~J~~_~ g , Address . ./ i/ .~/ -, .,1:" ~, r .~,"'.f - .-' 1 k-5t/-,1-w~ ~r_ LL Address .. 7~1~.~.h~, kl I Address To Donate or Volunteer -- call 852-~ ~\C) -r;; ~. 4- "" l- C a '7Un . > :; "0"/ t!: .... 5 g S ;). - I ~ tv '1 Jun 24 00 09:33a Joan R. Mower~ (305) 451-6449 p.1 \ SEWER $ $$ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: Wet the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART - START SMALL Sl<rl~~ ~ /'''-,0 Name -:; f7 ~ C/4n--' l~ ame '?/~ON' l; ?7~~fr~~ Address /' ' . . 'Jo Oc~ j)R-. k; Lr ' Address ~ S ~ 6LA-cr--vJ -k't=v L t.. J ~, \. . Address Name Address , Name Address Name Address Name Address Name Address To Donate or Volunteer -- call 852-~ ~\~ -r; e4-vl.. CD'r!'/'n'~5"o,.,;e-"5 gS;).~I'-I(P '1 ~ROM : (2\OO0~OO000000€10000 PHONE NO. : 1 786 331 9094 PloIONe NO. : 000 Jun. 25 2000 05:12PM P2 FRor" A I her to Oed gada JUN. 25 2000 ~3:1GPM Pl COMMISSIONERS FINAL VOTE ON SEWERSr DO YOU WANT TO HAVE YOUR VOICE HEARD ON THE SEW AGE SITUATION? .H.elp us avoid watton without ~tat.ion. Read the 1>etitioo and send your plea to our County Commissioners The County CommissIon will meet this Wec1neada)l at J ,30 pm in the Key LlIIgo Library Communityfloozn, Traciowincb PIua, Wo .re told lJw the impQrtBm MWaae vote will not corne up until 5:00 pm. Please como i&& wly as you ~aI1. work permitting. to show your disapproval anel to reSister If you want to voice your opinion.. Let's make democrac)' wGrk in Key L....o Please read the petition 9tatement then either .ign ad fax or email to ALL the Commj~jo~$. (If there are 2 signatures please send separately) It i>> importem to show up at the Comminion meeting Plee.se be taere in person. Wedne6day June 28, 2000 5:00pm aharp! Koy Largo Library at Tra4ewinda Plaza. near (<.Mart, THIS I.S OUR LAST CHANCE TO BE HEARD Fax E-mail Commissioner Shirley Freeman 3052923577 hp(<~~@mlittstate.f1 us COlM1llsioMf Wilhelmina ~y 305 292 3466 No e-mail CommissIoner C',eorge Neugent l05 372 9J95 ~_1)~~mi!i t. ~at~ 11. \U Commissioner Mary Kay Reich 3058527162 reieh~il state f1.IU Local County office telephone number t~t can COMect you to the Commia$ioners 305852 1469 t,ETJ1IQN N QUI WJJN'tY COMMISSIONERS We, the people ofKe)' Lu&olJ'avemier,u.rge YOLl to first pl.ftue a. small, mostly State- Fecieralftmded sewer project. Vote NO to the S83,OOO,OOO Olden ccntrlIl sewer COlMlct \ Name: ";t;~;,If &. /j~~~~ f Street: 6290 )j, LV . L 09 ~~ / J./i~i'r-I' 3:3 f 7J' l"own' StalO: ~ Signle-maJl ~I v") ~ ~ .104~' JO~r .$,j"".!!-OO3t!J ~~ l!a<<.wJ ~~~~.~ . FROM Alberto Delgado PHONE NO. 1 786 331 9094 1:l~/~~i L~t:I., ....::..~ ~1!:J':le::J"t1l.1..:lt:J '''U~'', I\l.;,I.,' 1'.1."""''' I J,.In. 25 20013 06: 12PM Pi I f'lII'UL UJ. COMMISSIONERS FINAL VOTE ON SEWERS1 DO YOU WANT TO HA VB YOUR VOICE HEARD ON THE SEWAGE SITUATION? Help UI avoid taxation widlout teplCICOtatiOD. Read the petitiou and tend your pt. to our Coumy Commissiooera Tbe County Commission wiU meet this Wtdneaday at 3.)0 pm. in 1M Key Larso Librvy Community Room, Tldtwind, Plua, Wo Ire wid that tho important sewap vote will not come up un1i1 $:00 pm. Plea. oom. II early as you can. work permitti~ to show YOut diRPproval end 10 feliMer if)'OU want to voice your opinion.. Let'. make demOCl"lley work ia Kq UJ'lo Plealll! read tile petition statahcnt the eilhIf sign and ru OJ' __t to ALL the Col'lltDi.siOftets. (Iftbere IrO 2 ~ pleue &end. MParawly) It is important to show up at the Com:miaion meeUq. Please be there jnpenlOB. wednesday JUM 28. 2000 5:00pm shArp! Key L&rso Library It Tradewiad& Plua near KMMart. lHIS IS OUR LAST CHANCE TO BE HEARD fIX E-1Dai1 Comm.tssioner Shirley freeman. 305 ZC)2 ~ S77 bPccfree@ma.il.Slate.fl.us COn:lmissioner Wilhelmid& HaJvey 305 292 3466 No o-uWl Commie.donel' ~ N4IUpClt 305872 9195 ~~ullentlfm.H.state.t1 .us Commi4&ioncr Mary KAY Rc1c:b 3058527162 re~ch@mail stat~.t1 us Local County office telqthoDc wmber thlt gag ~ you to the Commi..io... 305 8'2 1469 gTlhtlN TO QUlU~oJ1NTY CO~loNr.P5 We. the pclOple of :Key Lar;ofI'lVemi~, urae )'OU to first pursue .. &mall. moltly State- Federal furJ.dce lOWer project. Vote NO to tbe S83,OOO~ Os- ~tral NWef' eontract Name: .4t~~~7V Jelq~<J 0 C';;Pl> 1\1. W. 'D9 .4Vc5".. -Ii- L Str;ct; 11 Town: f/!;;"1i '7="1. 3 'B I?e Stalo: -rt- SlplcHuail . .' OS/25/2000 13:35 3193682965 DUBALL ELECTRIC PHOt1E HO. : 000 PAGE 131 ~R~1 : (0000~0~aa0 JUN. 2S 2309 03:14PM Pi COMMISSIONERS FINAL VOTE ON SEWERS! 00 YOU \TV ANT TO HA VB YOUR VOICE HEARD ON THE SEW AGE SrnJATION? Help us avoid t~ation without r~r.sentatio". Read.the pe-tition and send your plea to our COllnty CommiS5iorJef'S The County Commini.on will me~.ttbis Wednesday at 3.30 pm in tbe Key Largo Library Community Room, Tl'adewinds Plaza, We are told that the important sew. vote will not ClOfne up until 5;00 pm. Plt'aae CORle all qrty 8$ you can, work permittio& to I'Jhow your disapproval and to regi!iter If you want to voic~ your opinion.. Let's make delD~ra(y work ht Key Largo Please read the petition statement then either si~Jl IUld fax or email to ALL the CommissionerS. (Ifthere lire 2 signatures pleue se.nd 5ep&l'ateJy) It is important to show up at the. Comrnissionmeetini.Pleue be ther~ in per'SOn. Wed~sday June 28, AlOOO 5:00pm sharp! Key Largo Library lit Trad~winds PI<1Zi nqr KMart. TIllS IS OUR LAST (~HANCE 1'0 BE HEARD Fax E..nwl Coauni uionc;r Shirley fr"man :;0; 292 3577 ~i~@!!IQ; i state fl.lI~ Commissioner Wilbelrnlnil HaJVey 305292346(; NO e-mail Commissioner C'reorge Neugent 305872 9t95 gn9U~enl(ril.mai I. st~Jtllj C.onunissioner M.ryKav Reich 3058527 t62 rt:j~hCs'i).majJ l~le. tl.y." Local COUDty office telephone nlolmber that can connect you to the Commissioners 30S 8~2 '1469 PETIT10N TO OII,A. COliN1'\' CnMMI8~lnNr.RS We. tbe people of Key Lari;orra.vtroier, Ufat you to tlrst plJrS14e a small. mostly State- Feeleral fund.t!t8Wer proj~t Vote NO to the 583,000,000 Ogden central sewer CQntra~ Name: ...j €~tc:. '-( l:)u ~A~~ ~ Q. k-€J Street: 97{P5';). ov~~St;4S t.(rl/JiI-.dA '1 ~ 3S Town: K'tV( UfLf." St.t~: rLtPelP~ Signle-mail ~ ~rkAi ~ .,jOS-. S~.3-00.;?t:J ~~ ~~ h #/ ~:-",~ 05/25/2000 20:45 3052340185 C SCOTT WAL TOti PAGE 02 FROM : (000eOO000~ F'i-O'E NO. ; 0~1Zl JLN. 25 2000 03: 44PM Pl COMMISSIONERS FINAL VOTE ON SEWERS! DO YOU WANT TO HA VE YOUR VOICE HEARD ON THE SEWAGE SITUATION? Help us avoid taXation withoUt representation. Read tM ~itloo and send your ploa to our County Corruni..iollera The COW\ty Commission will "*,l this Wednesd.y at 3.30 pm in lh. Key LafjO library Community !Wont. Tradewinds Piau. We ar" told that the important MWIV~ vu!" will not come up until 5:00 pm. Please come as early as you can. work permitting, to l4how your di.sappToval and to relJis1eT if you Wi,nt to voice your opinion, Let'. IIUIke democracy work iD Key Largo Plel5e read the petitiol1 S1atement then either ~ and fax or email to ALL the ('..ommis~oners. (lftlwre are 2 .inatll'e, pm" send .eparatd,,) It is import.lD1 to sIKlw up.t the Commissioo meetil'l@. Pleue be thrre in person. Wednesday June 281 2000 SOOpm sharp! Key Larso Library at TrAdewind, pwa neat K-Mart. THIS IS OUR I.AST CHANCE TO BE HEARD p,~ E~ma\l Commi>>ionef Shirle)' Freeman 30S 292 3S17 ~QS_~ft~.~f&.t11Jj1m.;.tllJI1i Commissioner Wilhelmina Harvey 305292 :l45<1 No e~mail Commissioner George N<<Jgent 30~ 872 919~ _~lutu@mail.litattJL.!i Commhsioner Mary Kl\}1 fteieh 3M 3S2 "162 ~ich((D.rrHlil. ~tllteJ1J,l} Local County office telephone number tbat can connect you to the Commissioners 305 852 1469 PETfTlON TO OUR CO~1Y COMMlS"liitON1:RS We, the pcop~ of Key LargolTavemjer, urge you te first purw~ il ml.ll, mo~ly Stat~ Federal funded sewer project. Vote NO to the 583,000,000 Ogdel'l central WlW8r oom~ /, ~ Name: ('. ~drr {,./,e,LrtJlJ t! ~ ~ ~ Street: qgo -; ~~5 l t>G' '"'De town: k'e::y t A!2'fo Stlte: FL '3 ~ (J 1r7 Sigllle-mail ~<" ..4 k Z ..!t?$-. j.s-3-003~ ,<;,~ ~~ A'.. ~ 7b~ ~ ~~-..- OS/25/200B 20:45 3052340185 C SCOTT v.JAL TON PAGE 01 F1IU'l : (~ P;.f;JrE NO. : IZl0e JI,N. ~ 2llIi!lliJ 03: 44Prl Pl COMMISSIONERS fINAL VOTE ON SEWERSl DO YOU WANT TO HAVE YOUR VOICE HEARD ON THE SEWAGE SITUATION? ~ UI avoid CIUlion without Nlpl'ettntation. RIId tM pctit;OI1 and tend your "'" to our County COrumi..io.... The COUIIt)' Conunillion will lMIt thi. W,dM.dIY at 3030 pan ill .... ~ Llrao Ubrary Communit)' Room. Tradewindt PIua, W. .retold tbat the imponut tIWIp ....ue. wiJI not eo"'. up urttil 5~OO J)m. PI.. come at early u you can. work permittina, to lIhuw your di.Mpprov.l and to r.._ if you want t(l v~ice your opinion.. Le.',.. ".ocracy wor~ '- Kef Larlo "ea.. red tbe ptritioft st_ _ titMt _ and fax or ,_1\0 ALL tbt (',onunipioMl"$. (Jfther. are 2 _,lUlNres pIaN lond separately) It is iJnllOl1lDl to tbow up It die Commi"lon meech'll ".. be there in penon. Wednnday June 2'~ 2000 S:OO~D\ lha"" K.y Larao Librlry.. TrId.wincls PIau.r K.Mart. THIS IS OUR 1.AST CHANCE TO BE HEARD ,&~ E-mail Comminioner Shirley Freem&n :JOS '.92 )S17 p.~free@maj' .srlle. fl.lD Commi.lioner Wilhelmina.Harvey 305 292 3466 No ...-1 CoauniniOIW Geol',. Neuaem ~mmi,,;olUl' Mary Kay Reich JOS In 919' pllWJ\ltil)m.l.ll.ltal~ 30~ 8S2 1162 r.J;cllC(lmai I. stale. 11 JU Loc.1 COlDY Om" telephone ~l'I1b~t that QI\ QOnoect you to the Commi.lioDel'l 305 852 1469 PtTmoN TO OUR COUNtY COMMlSSJONtRS We. the people of Key LargolTlvent1tr. ur~ you to fir. pursue a smllI. lTlostly State- Federal t"nct.d "~'r project. Vote NO to the 583,000,000 oJdtn cnrel MWer contlUt Name: J,., 4..L. J I'nJ T: w A,t.. T'C IV f Street: 98fJ ~ ~"5" r:>G 012. ToWll', I<ey J..~~ St.I/I.e: FL '3 '3 037 Sip'e-mail ~ .Au.ll::- Z J...r. U-,3-ac.3& ~ ~ e-.- A..... R;",.A, IItt' ..,., DECORCAL INC 5167521009 P.01 FROt1 (000000000~~)OO(lIZlOO000 PHONE NO. 000 JUN. 2~ ~~Q 03:UbPM P2 COMMISSIONERS FINAL VOTE ON SEWERS! DO YOU WANT TO HAVE YOUR VOICE HEARD ON THE SEWAGE SITUATION? Help us &void taxation without representation Read the petition and send your plea tQ our County Commissioners The County Commission will me<< this Wednesday It 3.30 pm in the Key Largo Library Conln'\\lnity R.oom, Tradewi11d1 Plaza, We e.re told that the irllportant sewage vote will not come up until S:OO pIn. Please come as early as you can, work pennittini,. to show your disapproval and to register if you want to voice your opini()n.. Let.s make democracy work in Key Largo Please read the petition statement then either sign and fax or email to ALL the Commissioners. (If there are 2 signatures please send ~eparately) It is important to sho\\. up at the Comrni.siot\ meeting. Please be there in person. Wednesday June 28, 2000 5:00pm sharpl Key Largo Library at Ttadewinds Plaz.a near K-Mart. THIS IS OUR LAST CHANCE TO BE HEARD Fax F.-mail Commissioner ShirteyFreeman 305 292 3517 boccfi'~~(iI).mai 1. state, fl. us Commissioner Wilhelmina Harvey 305 292 3466 No e-mail Commissioner Creorge Neugent 305872 Q195 g1'\eugerlHipmail. state.fl.ll& Commissioner Mary Kay Reich 30$ 852 7162 r~ist!@1:na.iJ.~tal~ f1I.l$ Local Couuty oftice telephone number that can connect you to tile Commissioners 305 852 1469 ~n.'{ION TO OUR co tINT)' COMMJSSIONER~ We. the people of Key Largolravemier. urge you to first pursue a small. mostly State- Federal funded sewer project. Vote NO to the $83,000,000 Ogden central sewer contract Name: i41 T-r I t, AlA,U'/I.eer Ii /t/€ tf ;...r Street '76S"'.:l CJy~",~ ~X ~eJcl('.' ;/AA.~~.te <:,-"6 Town: /t'ey.,{,t;,e;;tJ State: ,C'L-. Signl...mail DFQ',,'CA~ .1..@"'oL ~ ~ /I. .1 /. -r. :7/).~, g.('""'~-,..,/\~A ~~ ~-/O ;J'a."..YJ ...j..'..........."".....'.'.,'.\.~J' 06/26/2000 16:23 61396241656 WILLIAMS APPLIANCE S JLN. 2S 2aila /a3: ;31PM f=l1 PAGE 131 FRoM : (~ Pt-OE'..:t'A : ooe /,.- COMMISSIONERS FI~.~L VOTE ON SEWERS! 00 YOU WANT TO HAVE YOUR VOICE H.EARD ON THE SEWAGE SITUATION? Help us avoid ta'KltiPawitbout r -4'f,..awion. Read the petition and send yOQfplca to our C.ounty Commissioners The CQunty Commission will meet tb1$ Wednesday at 3.30 pm in the Key Largo Libu.ry Community Room. Tradewinds Pl.- W~ ... told that the impulUnt sewage volO will not come up until ~;OO pm. Plase co.". as early &$ you can.. work permittins. to show your di..pproval and tc> t~$1cr it' you w.nt tQ voice your opinion" Let's make 4emecraey work in Key L....o Pl... reed the petition statetnem then eitlw sign and fax. or emaiJ to ALL the CommiSf;onen. (lfthe.-e arc 2 JigftAturos please MOO Mpaantely) It it important to show up at tbe Commiasian mectinlJ' Pleuo be th<<e ill person. Wodnetday June 28, 2000 s;OOpm .bIrp! Key Largo Librwy It Tre,dewblcb PIua oear t(.Mart THIS IS OUR LAST CHANCE TO BE HEARD Pa~ E-matJ Commissioner Shirley FreemaD 30S t$2 3577 oocc1i'eet~majl,.~~4n~, fLuj commiuioner Wilhelmina Hwvey 305 m 3466 No..mail Commil5io~ Qeorg~ Neulent 305 8729195 iIleu~entl'fflmaiL ~tate. f1 u~ Com.missiouer Mary Kay .Reich ~~q)rnail.sllle t1 US ')OS 852 1162 Lo<:aJ County offi~e telepbcne nu~ that can conn<<:t you to tbe Couum55ionen ~OS 8'21469 PETITlO~ '10 OVJ~ coymv CO~IS.,.O~BS We. tM people of Kty 1.argQ{ravemier. .,.rtJll! YQ\,l to first pursue a ~mall, mostly State- Federal fUocled sewe,. project. Voh.. NO ~ the $83,000,000 Ogden ~ntr.1 Mwer ~ I ~ C~'. . ... &/'Ylt!L.1A..~ . Name: V::-}~n(:.; G/fciMVI$ (PD ~2-~~o( ~ ~ Slreet: q f 3 tf LL-ewo.-rd f:11/!- I c.'VfU- ~d ~.J.- jJG>LI~ I Town: ~ J..uf7f" r:i d 33 D 3 -: ' Sll1e: h9- 0 y,J,-/f:J Sianle-mai,~,,"/~--LL 2.udL-L~ ,~_ ~ ~ Z JPs-., .i.j7j"CX:>3~.<),f1~ ~~ A, ,.. H;,~.4J ~ J2".4r"'.~ . . 06/27/00 11:03 1t305 7528160 L GUTIERREZ FR01 : C~~~~ R-OE I'IJ. ,,: l!I0B ~001 JlK 25 2eee lB:~ Pi COMMrSSIONERS FINAL VOTE ON SEWERS! , DO YOU WANT TO HA~VE YOUR VOICE HEARD V!~ J,nc ""J:-W'~UC ,:)11 U^IJ.VJ"'! Help us avoid t::aadon witIIout l~ ~ .tCiOD. I ReId tbo pedtioD ucl &end ycNri plea to our CoQDty CommiaionerJ The Coumy CommjssioD will meet &his w:~ at 3.30 pm in _ Key Larao Library CornmtlftiCy ~ Tradewinds PIua. ~e are told tUt the impw1am ..... vote will DOt OOIIIC up umiI 5;00 pm. Please come as .-Jy IS you can. ~ permitti.... to show your disap'PfOvaJ lad tt) reaistet if you want to voice your opinion.. Let'1 lUke d....uc:raq work ia Ke,r 1"0 ! PIeue NId die peddon W.--_ m. eiUa sip ad ~ or emaiI to ALL the ~.ll&tWlimra?;"Wt_~~V~!l('~ 5:00pm sbap! Key Lat&o LihraIy It Tl'IdewiDdsPfaa nmr K-Mart. I TIDS IS OUR LAST {~ANCE TO BE HEARD Fax i E-mail Commissioucr Shirley Freeman 30S 292 35n boccfra:@maiJ.AiJItA tl\lS Com--~ WiIbelmiM Harvey 305 7;92 3~ No e.l...iI Commissioner Ocorsc Neupm 305 sin 9195 ~cnt@nuUJ Slate:fl uS ~iMio.... Mary Kay Raich 305 1.527162 rci~..te.flus Loeal Coordy of6ce telephone no_Moo tbat am ~ you to the CornmiNioacrs 305 8~2 1469 "I!i~ I.I~ TO Opll COUNTY COMMlS.iClftNF.M We, the people of Key I.arao/Tavemi... vip you to first pursue a SII'18l~ mostly State- Federal fimded ... project. Vc* NO 1:0 tba 583,000,000 0adeG ceatraltew.. CODtract Name: Lvi'?... (2. GIJ-'I~~ - S1I'eet: q7~51- 0\1~'2..S ~ h ~'1-- ; Po pJt~ ~ ~ N. , Town: K~1 (,Afl-l1o - Fl.. 3~o~? State: .... ~:,.~., . ~\pe-ma\\ nJ. I. J ~u.J 1i> I .J~S' - 1s-'.3 -(X:J3~ ,ACJI MM!,. I~ ,,1M 1f"r,. _A6.t~ 06/27/00 11:01 '!S'305 7528160 L GUTIERREZ I RDI:: I~_.. : eee IlJOOl J1.t.I. 25:29l2121 19: 52A'1 Pi FR01: C~ COMMTSSIONERS FINAL VOTE ON SeWERS! I I I DO YOU WANT TO HAVE YOUR VOICE HEARD ON THE SBW)~GE SnuATION? Help us avoid taxado~ witIIout I ~u _ .JWioD, I Rad the petition IDd ICDd your plea to Out COUIIIy Conunissioncn The CWIJty CormniAioD will D18et this Wclduesday lit 330 pm in 1M x..., LIIJIo Library Com~ Room, Tradewinds PIua. W,!: SR told 1hII the importam I8WIIp vote will DOt OC)IB up wd 5:00 pm. PJeue come ,IS eiy as JOU call, 'It'OIir pernCtiaa. 10 sbDw your disIpprcwal aad to teliSter if you want to voice your opWolL. Let's IIIIIke . I "oaKY work 18 Kc,- Lup I PI-- gad the peQtiolllta.... dum siIh~ sip. aDd fax or emei1 to ALL tbe Q)mm;~ (lftblre aN 2 .........1...18Ild .perately) It is ~t:W 10 show up It the C-oth,",1$icm mcatinl- 'PJeaa be tbere ill perIOD.. WedMlday JUde 2&, 2000 5:00pm sbIrp' K8J Largo Libnay at TradeWiads Pfaa liar X-Mart. I nos IS OUR LAST C~ANCE TO BE HEARD CoauniIsiorJer' Shirley Freeman Fax ; i I 305 2'-)2 3577 E-mail bOCCfn=c(c})l'IIai1.11atA ,fl.~ Commissioaer Wilhelmina Haney 305 t'n 3-t66 No e-mail Commlaioner George Neupnl COllUb~ Mary Kay Reich 30S Sp 9195 3058:527162. ~@mail..e.:fl uS tci.ch@mail cmte.f] ul Local COUDIy of6ce telephoae tIWDber thIJ; 'em c.."Mkd you 10 the CommiNioacrs 30S 8~2 1469 p.J!: lJ.nON TO Opll COUNTY COMM~-vQN~II~ I W, tile people oflCey LatpTawmi..~ .. you lO ftnt pursue . small,. mostly S~ FecleraI1bDdecI seww pt'Oject. Vote NO 10 the 5839_.,000 Ogdco OIIDtrIlsewG' COIdIBct Neme: Lv ic." (2. Gill' ~?; - I Streit: q7~5 2.. o~Ul.5 ~ Jot w '1.. :Po I ~c.; ~4 p,/-. I Town; v( ~ 1 L.+4 Q..() 0 ... Ft... 3:3 ol.t Stale: h., 330,) 7 . ~\iW- IJ/. ... JAJ 10 :.j()S-- 1.s-3-~3~ ~~ ~~ ~ 'If"'.... _AlA~ -p ~ o , ~ , /It . tJ ....., ! r ~ 0-' fl ,~ r f) ~ ~f~~l ,,; · t ~ () 'll V, ~ , z <>p ~ ~ "" I & ~ i i ~ ,7\ ,:1 ,: 10d WdS0:ct 000c Lc'unf 1) ? > -.j :l r] 1 ~ ~ ") en { n ~. ~ ~ - j r ~ g ~ Jl G "l ~ i" LLZ 1 9Zt' Z09 : 'oN 3NOHd i ...0 ....j ("'"- U( ~ --- _J-- ~ j- -- z ~ a ~ y ? J o c ~ 1/ J vi I) :P vl ]) /f; }l 8 '"r1 ~ $taft R[g [8 s.l 3 ~ ~ ~ "" (l) 'tJ '< .... ~ ,9. ~ a~ . ;:, ~ ~. ~i. O'~ s~ rot. :3"~ o S ~ ~s i! .. ~ ~! o ~a (R) g~ n ~ Ii (IJ VJ ~ ~ Q ~ ~ ~ ~ S o ~ ,., n o ~ z ~ ~ ~ ~ i ~ ~ ~3),bWU:1 : Wo..l.:! JUN-27-2000 11:14 S ITE SERIJ ICES 603 773 7288 P.01/01 (I) ~ en Z 8l~ ~ _. i. CJQ S>> } ~ ~ a .P ~ S ~ . . . . a x. ..D " ~ - i e. ~ II \"t) -I - ~ 6' ~ >-- ~ ~ ~ ~ ~ ~ 0 &It 0 ct ~ 0 c, " ~ r;."~ ~ ~ c ~ . " '-"l i ~ U' '< ~ ~ '-J a ~ .!,.,~ a/' ~ '.... , ~ 2 (J~ t 1- ~ r+ e.. . ~ C> ; ~ ~ -.c. t ~ ~. q * ~ 2: 0' o~ o~ """,. ::s""< (') 0 fA~ ooS ~:::h ... ii! <;I:, ='2 ~ =~ ~ 8: n ~ ~3 D-e. 9 .:- t) g g ~ i!.~ Cl't VJ ~ ..... ~ ~ ~ TOTAL P.01 06/27/00 TUE 13:01 FAX 517 332 4731 An-: L) N D4 ~Q< ~ ~ ~t:,.c KINKO'S E. LANSING II ~002 ~E~(/~ \. ,;...' ~. .. ,,,' '"" . . . j ~ .. PEmlON TO OUR COUNTY COMMISSIONERS Sign/e-mBiI ~~~ We, the people of Key LargoITa-..mier. urge you to first PlJl$ue a small. mostly State-Federal funded S8'Ner project. NO t~IOOO,OOO 09N' oenya}'~ contract _0~)'\-.c ~ -r: '1 Street: 't C7~::J <I~ ~-.v-r - T",""~ ~ s.ae: F L ~ j 0 37 ~ Vote F K <<E (IVE-r.. ~ AaL p CqrJ1 SlIn",Ju..21._ AI01Ol'I..Onlln,:lIIIltlner ".oe: , -.;...,....., v n ......", .> R.~ w -~I _ PEl1110N TO OUR COUNlY COMMISSIONERS We. the people of Key Larg<:llTawmier. urge you to first pUl'&ue a small, mostly State-Federal funded S8'Ner project. Vote NO to the $83,000,000 Ogden central sewer contract Name' "1\ II ... . ..velJl')e", l.e lot'r _ Street: q?r,S::l O~<<~ j--c:r T~~ s-~L ~31~7 Sign/e-m.il ~ & A<1z.,.Cd,." \\\\)' '>) I \ \ 19"n/T\ll.. ~. I \i~'l1Jr\ ""'4IV. J~Il.It, _ An1ot11l1 Dftlltlr.llill""tl{ .....l , DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MHILL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! COMMENT: ----- r(~Ht?R ~ /I Address: I/Ji Telephone: J.Jd-- - {f f / Nam{;H\ Signature: 'CDo M ( fuf #>L OtWek f41/J ~ ' FAX TillS TO: Wilhelmina Harvey: fax: 305-292-3466 Nora Williams: fax: 305-289-6306 Mary Kay Reich: fax: 852-7162 George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RETURN TillS TO: The Book Nook Waldorf Plaza (mm 100) Key Largo RESPONSES NEED TO BE RECEIVED NO LATER THAN MAY 16TH DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. OVER $600 PER YEAR; OVER $13,000 IN ALL. THAT YOU HAVE TO PAY. DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MmLL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! Name: ~jJJ! . h) (y/vf Signature: /~J?tJ v Address: ~i. Mllc7Z ) !:2.! (Vrj./n L ~){ /-( I f Telephone: {J,-:J.. ~ ~-fll C;..~ COMMENT: 4U- ,r rk. CLf.Ll#uj ~k t~ i ,~~fM'~ k /J1t{1d It ('nlakA fi,df; fftUf A/t(jlfL<L. FAX TillS TO: Wilhelmina Harvey: fax: 305-292-3466 Nora Williams: fax: 305-289-6306 Mary Kay Reich: fax: 852-7162 George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RETURN TillS TO: The Book Nook Waldorf Plaza (mm 100) Key Largo .~ RESPONSES NEED TO BE RECEIVED NO LATER THAN MAY 16TH DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. OVER $600 PER YEAR; OVER $13,000 IN ALL. THAT YOU HAVE TO PAY. SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ~o~ (dQ~~~.~ Name L~L&AA<~ Name Nc;:,~~ ~fP /306 //1R/(eK Name ..Joe. dA.JD TE~ }1.. L, I Address CJCj~~ \ \.)j'~<"S ('..a < ~\N'J k- L, , Add ress it?O all (? ..{, L I Address /;J.. ~a&{Ck. I~ · L . Address /28 #J/1~ IN;;} /1tJ e Address Name Address Name Address Name Address To Donate or Volunteer -- call 852-4918 IO'd I I ~ , ~ I I . f"'t" :r I t1l I '2 I I "C 1 ..- r t1l ~ I .~~~I : ...., ~ I I ~ ~ ;,J~~ .., ~ I 1 .g ~;c o. t:" ~~ ~. ~ 'en , ~ ("l . . 0 I~ !":"N :::s , X ...:j te \~ ~ ~ Mi(~ ~~ < I~ , r- ~ .... ('l) =:r ~ 0 . . I ('l) I C;;' Z :0:- ~. : OZ:3..., ~ . ~ =:.. _. \JWI ;;;l ~ ~ s. : 0 ~ tTJ lro lC']o' '::S- f.I) 9 ~. .: s:: tnl~ I-<~~: : g.~ 3: ~ gag': : ('l) (ll >Ittl I~ g- ><: : ~~ ~ g ~=.o-. . 00 0 ~l-: pS:::Q?;> > ~s: I d r'1 ~ ;1 ~ g: 0 S Ie to --- < ...., ..., 0 Ul .... ::r:l" ~ ('D ('l) 5=>:> ~ ,(') w. Q :J fJ:l (I) 0'" ~ 0 1 ~ ~ ~- ~ ~ c ~ ~ I' C ~~.. ~~ O"'Q -i::s II ~ Q ~ ~ 0 c Vl~ I~~~ ~~~~ ~ (') :.g ~ ~~ r:. g ('l) '~o 'ulas. QJ t~~g.il: g ~ ~,rC'/), -o.~ q;;;l en I"'~~' a~ o' _. @ 1iI . . .::S I ~ ~ ~~. ~ g' .a 5?~~' ~ l",I) .. I NO. ...., =- I ~ ~ . << , -.-- ~~f' 8 r;n ~ ~ :;:, E1 I I ~ ~' . q ~ I : f':i~i I . Cl I I !' - I , it? ~ ::s I I C) ft" ~ I I I Lto;::: I I Sto SO:i2 s........c: 5~ ~ ~ t o'=-~ <~ ~<<"; tD...... . ~~ 8,2 "'c~ ae. = = q S>> H=' """ ~ .. ~....... ;;:'";. ~ =- \,I)lI'!jO s:u~ n~c ~< OnflO En = 0 ::r .,,~ <<" c:rfl) r>>. ~ ~ n e. ~ _.~ ~~ nfl)ft! n>>c- fI) ~. ~. 0 ~o~ III 0 """ = ~ _. fI} """n>>fI) o~ =r'"'!.o =c n l'Il e. Q" fJ} ~~'< ;9 ne:""" i:5.c:; ~e.~ 00 tD== =l1li\ a CIQ 0 ~<< o C'~ ~ g ~~'8 ;a. 5. ~ fI) = n>> _. ~ =-~ ..... n::t ~ ....... ~=o s~s>>g ~ 1::'= nl ~ ~ ~ s 00 "fig fD \w a n ~ c.. c.. ;. 5~:: -.tD_ -...--0" = c.. \If _ ..' 0 t/)::J..., a oOf;;' r>>SO. ='" ~ ~~ qg. tl1 0 ~ :r='''''' C e:= 0 ('l) ~ ~ e. Q 5' Q. r- (1) n _. ~.." ~~....o ~o... ~;'CI1 = ~~~. (J)c8C;- ~~n ~e..=s>> (b~_ .....,,~ n ttl _. S>> o:.~S:""" ~o~ . :::1 c:; .... = ~ tt'~ ="'0 ('l) . . ~ s:u ~ ~~. Ii! f ~1 r. . n>>S>>~ ~~~ N...<: ...,_"'~ OjoW~' o"~ Q' Co == r-"l ^aS~I~~-^~~~H'id~O ::x: ro ~ _. CI.l ~ PJ ~~ g~ M- ttl ~ ~ 'i~ c en <:~ t1> _. l1li\ ~ lCIQ ~ ~ ....... nO'"~ o g .. a:: tI.l ~::r ~~ ~ ~~ o~ ""0 [~ C ~g. ~ Q;I ~ l'I) f""t ~ = Fji' t1>c:r ~~. 0 ....::s ...... 0-8 ....., ~~ (t) M- i:a.~ ~~ ~ n (i; n>Q. =f""t ~o ;g- - -. (I}- n>~ ~ ~ .~ i& ~oo ~ ~ ~ Wd 00=90 OO-Sl-Nnr Jun 19 00 09:30a Joan R, Mower::! (3051 451-6449 p.2 DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. 00 NOT APPROVE THE OGDEN CONfRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MHILL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! Name: Address: Telephone: AL;erq- ,44;4-111,4;) /) C/l;!/lfL/)R 4f1-55cJ3 Signablre~ ~~ ~ COMMENT~_.~ a/U ~C)(7tJ~~ ~ ~~ ~ 3'Q/~~' 7J~~~~ ~~~*/~p~~~.'f . ~, IifG1 0'4 ~t; D:tl.-"~.' ~~~~-7hr~~d~/ FAX THIS TO: RETURN THIS TO: hr ~tfJti./ Wilhelmina HaIvey: fax: 305-292-3466 The Book Nook / Nora Williams: fax: 305-289-6306 Waldorf Plaza (mm 100) Mary Kay Reich: fax: 852-7162 Key Largo George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 ~~ RESPONSES NEED TO BE RECEIVED NO LATER THAN ~ DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. OVER $600 PEli YEAR; OVER $13,000 IN ALL. THAT YOU HAVE TO PAY. JUN-20-'OO TUE 12:57 ID:CORAL REEF STATE PK TEL NO:305-451-1202 ~639 POl ", z ~ . ( I, ~. . J:l r t I"l\ < II ;: ~~ .,: I c]. J t:I it i f ~. ~i I SiJ P! , ~ b{ . . ..f -' ~.g . ,,~ Lr (/t '2 : e. ... C!) tD' 'i ~ 0 I.N . <rill.: 'f~ I~ 5 ll~ ~: f' ~I~ Ig,l fil . I r tIJ. I .- ~ f ~ '1..... I !IJ ~l~ s. gt ;P.. rIJ ~~[ I:.. r I. ~. ~. iE,'" ",..' . Co ,.,. r' ,<., : I ~ eI r. l' r f..': ~ ~ 5 (..... ~ .. :So '. . ~ VJ W ., ~, , . . '. . 06/08/00 08:51 F~X 14101 SEWER. $..$$5$ Don't let anyone mortgage your and your children ~ future. The County Commission has fromiSedUS for rears that if central sewers ever did come, they would be large- ly funded from other sources, Commissioner Williams now has a different plan -'~ Federal monies for Key Largo! Bon'tbeliev~ ,anypr()lllises about funding from the $213 million. Deutsch biH,Even if it were tor ass inthe Senate - and it's not even introduced at this point - it's still tar from reality. Let's firstgetguaranteedState.-FeUetal;funding before considering any sewerp....ojects. Send this . message to your County Commissioners: ~j. p-------------__liiilii___.. I BE SMART -START SMALL I We, the people of Key Largoffavemier, urge you I I to first pursue a small, mostly S~ate-Federal fundedl I.sewer project. Vote NO on the $83,000,000 Ogden I I central sewer contract. I !~i~ ~\~ez 9J21~~ ~tq~~l . ~ ~ I N ame Addres~.,:,-, _,...I I, ~ '~~lC \.J.. A.vt;z.).Jv\t ~ ~~- ~~ i. ;::.'->\ ~ I ' .' .Na.A I ill!gll . ..."1.....1.1'...' ,,:.:.,.. . ',,:':: ,; ; _ -.:''-:" - \,:':,'", -' :{'".;-! ",- , ,"-- - " -. ,'. .., - - ,--' ,..,:. '_ -. ':'_____--_, 0,'-..' :". " '.- ..' - ;-- ~ - - - - '.:" ,'". . ;,'- ',- ,-,< - ',: - ...-..". .".' ,.'. "': ------ "" .:.. "- ',-'- - - ,.-- "(',' ,:,,' :"-:':"".,.. -.,-' ." _. .'-' - ' .- ,. ... " - '-' . '.- ',-.-. - .., " ., -"-'.' - - .-" - . - -, '-" -.. . . - . . .. . ,. - - ,," '- -". I MaUte: P.O. Sox 660, Tavernier; , ',' (Waldorf PIa73), or I, I or . .' : ,Package Depot .', ,:. I E-mail to: (TradeWinds Plaza) I dordall@terranova.net Help needed: Your time or $$$ - I I call 852-4819. .-----------------....-. FROM : TRA Engineering Page 1.6 ' The Reporter PHO~~ NO. : 305 852 7220 , Jun. 09 2000 08:31AM Pi L_Aj(, Ct l f L-L, r . "J SEWER $$$$$ D(m't let anyone mortgage your and your children s future. The County Commission has promised us for years that if central sewers ever did come, they would be large- ,ly funded from other sources. Comlnissioner Williams now has a different plan - NO Federal nlonies for Key Largo! Don't believe any promises about funding from the $213 million Deutsch bill. Even if it were to pass in the Senate - and it's not even introduced at this point - it's still far from reality. ' Let's first get guaranteed State-Federal funding before considering any sewer projects. Send this message to your County Commissioners: p-------------------~ I BE SMART - STAl{f SMALL I I We., the people of Key Largorravernier, urge you I I to first pursue a small, mostly State-Federal fundedl I sewer project. Vote NO on the $83,000,000 Ogden I I :Mentr 1 sewer contract. I I ' I e..LL",""o ~u...He'J. p.l- 3,.( !--A~C : I N anle Addr~ss I :60 yo! <)" I(l ~ u..r kI,., e ~) KJ-J- (5,,01 L"-,, ~ />( ( ';)..... 4 I Name Address ' I I Fax to: 852-3242; or Drop off 'at: The Book Nook I ,I Mail to: P.O. Box 660, Tavernier; (Waldorf Plaza); or I 1 or . Package Depot I I E-mail to: (Tradewinds Plaza) I dordall@terranova.net Help needed: Your time or $iS - I call 852-4819. I ~-------------------~ r-'- . ,'~'--'.'~ . - - I JUN-14-00 08:30 AM DONALD~MANTICI '0;'. ..'......... .0'. ','.,./ ,I" - - - _ _. . - , ~~ ~ . I e Sf". I ~bi I I :~! -2. I I ~ ~ ~ ~ I I ~,~ ~ ~ ~i'Q ~ I · :~: : ~G! I I 8t ! ~,~ 'ft. i I en I ~~~~ ~ oa I a . ::i~' ~ ~ ii1 Q. 1~1I~~~~< I ~ ,llf~ :t"o~, t=' I I ~ I r; ~~,. s ~ t211 a ~ ~ ~. - e tn. .. i P i\" ': 9- ii!i ~ 'il'r r'~ :' ~I ~ 'a a~: : CO ~ ~. 8 ,~ il~ 6: ~ .~ = I ~ .o! ii' ~ ~ ~ g Cl)1 !; ,i,21 ~ ~ ~ r 2: ~ " ~ ~~ "0 ~ ::s l~fH~~i~ ~tfj. ~ 0. &: : =- ~ f e :f, '1 ~~R: f!!. ,~ : ~ g I I I. I ~ ~~ i e · ~ ~ :~ L~ ,~a r!l} I S ~:~Qa ,- : : 8~ I . a ~a ~ I ~<C~ ~ I I :l'P':!j'1 I j~fl ; ~ ~ I r ~ I a. I I f ..------ w ~ I i iL r ~ OQ i ~ nl ~ en _. I ~ I ... "'0 ~. ~ . ~ ~ ~ ~- r!) ~ w~ - ;"'0 ! ~a ~ Fl Q.~ :::.'!. en. Q 8S ....~ ~= g~ 5'~ ct~ &.9 [ft ~~ _t-.J, f~ "851 5'~ ....= ~2 fA~ ~~ if~ . ~C!' s~ ... = at=;; _. .... ~~ ~ ;;: s E ~ 255+7682 , ~ .. .... ~ 0 ~ 0 c z l~ ~ ~e hi r ~. ~-i 2:~, =f'= 0 ~~ ~ ~a s: ~:I' 0 ",!;c. ~ ~~ ~ ~ it~~ ~ ~a~ o~ ~ ~,~ ~. g. c:: ~O~ ~ --=- ~ i~i e i~[ ~ t!~ c: o n> ~ ii ~~ e:S: :;iQ. ~8 z aJ tI3 ~fl Q. . c:r ~ P.01 tf) tT1 ~. ~ ~ -EA -EA -EA -EA -EA I FROM : BEYER FUNERAL HOME FAX NO. : 305-451-1445 Jun. 13 2000 02:01PM P3 Page 1.6 · The Reporter LocczllzelVS SEWER $$$$$ Don't let anyone mortgage your and your childre!l''s future. The CountY Commission has promised us for years that if central sewers ever did corne, they would be large-' Iv funded from other sources. Commissioner Williams ri'ow has a different plan - NO Federal monies for Key Largo! Don't believe any promises about funding from the $213 million Deutsch bill. Even if it were, to pass in the . Senate - and ifs not even introduced at this point - it's still far from reality. Let's first get guaranteed State-Federal funding before considering ~ sewer projects. Send tbi~ message to your County Commissioners: .--------~----------~ I BE SMART - START S1tIALL I I We, the people of Key LargofTavernier, urge you J I to first pursue a small" mostly State-Federal fundedJ '.sewer p~oject. Vote N.Q on the' $83,000,000 Ogden I : central sewer contract. - -=_ SJ Tit r/",D" 3tlSj" >>..,: I f3reJ:t :Beyer-. .. Kty Lftr.t~ I I Name _ ,Address U ~ I I ,I /1 t/) , , -..>3 7 qrr-tl'l 6q.5/? Vri I J:t.O /(Y SI.1. el" e f' . /f"'e v L~:J .. ! Name Address I : I Fax to: 852-3242; or Drop off at: The Book Nook I I Mail to: P.O. Sox 660. Tavernier; (Waldorf Pfaza); or I I or . Package Depot J I E-mafJ to. (Tradewinds Plaza) J dordaJI@terranova.net Help needed: Your time or SSS __ J call 852..4819.' I ~---------~--~------~ FROM : BEYER FUNERAL HOME FAX NO. : 305-451-1445 Jun. 13 2000 02:01PM P2 P~ge l.S . The Reporter LoeClZ ne1tvs r SEWER $$$$$ Don't let anyone mortgage your and your childre!l-'s future. The CountY Commission has promised us for years that if central sewers ever did come, they would be large-' ly funded from other sources. Commissioner Williams now has a different plan - NO Federal monies for Key Largo! Don't believe any promises about funding from the $213 million Deutsch bill. Even if it were to pass in the , Senate - and ifs not even introduced at this point - it's still far from reality. ' Let's frrst get guaranteed State-Federal funding before considering ill1Y sewer projects. Send thi~ message to your County Commissioners: r-------____________~ I BE SMART - START SMALL I I We, the people of Key LargofTavernier, urge you I I to frrst pursue a small~ mostly State-Federal fundedl I.sewer P!oject Vote NQ on the. $83,000,000 Ogden I I central sewer contract. '~ I I " --:::- ' I I 17 C(ron J3eyf~r- , 3 j6o/] d;j -f #e I I Name .' ,Address ., .; I : )(d)~. cC ell", "" ke 1/ in/" to I !Name / Address I . J : I Fax to: 852-3242; or Drop off at: The Book Nook I I Mail to: P.O. Box 660, Tavernier; (WaldCrf Plaza); or I J o~ . , Package Depot j I EmaIl to. (Tradewinds Plaza) I dordaJl@terranova.net, Help needed: Your time or SSS _ j .' call 852..4819. I --~----~------------ FROM : BEYER FUNERAL HOME FAX NO. : 305-451-1445 Jun. 13 2000 02:00PM P1 Page 16 . The Reporter LoeLll neVvs SEWER $$$$..i Don't let anyon~ mortgage your and your childrerz-'s future. The County Commission has promised us for years that if central sew'ers ever did come, they would be large-' ly funded from other sources. Commissioner Williams now has a different plan - r!Q Federal monies for Key Largo! Don't believe any promises about funding from the $213 million Deutsch bill. Even if it were, to pass in the , Senate - and it's not even introduced at this point - it's still far from reality.' , Let's first get guaranteed State-Federal funding before considering anx sewer projects. Send this message to your County Commissioners: .--------~----------~ I BE SMART - START Sll1ALL I I We, the people of Key Largoffavernier, urge you' I to frrst pursue a small" mostly State-Federal fundedl I.sewer P!oject. Vote N~ on the' $83,000,000 Ogdenl I central sewer contract. -.:::... 'I ' - i)) I ' . - ' I .C>t{ff 0>(Ver-9~~SJ4{if r. I I Name - / Address " I 04n7(;JJSGVl'r l(e,/inrrro I I Name 7 ctddss U : I Fax to: 852-3242; or Drop off at: The Book Nook I ! Mail to: P.O. Box 660, Tavernier; (Waldorf Pfaza); Or I I or _ Package Depot J I E-maIl to: (Tradewinds Plaza) J dordaJl@terranova.net Help needed: Your time or SSS _ i . call 852-4819.' I ~-------------------~ Page 16 · The Reporter Local tzews SEWER. $$$U. Don't let anyone mortgage your and your children's future, The County Commission has promised us for years tharif central sewers ever did come, they would be large-' Iy funded from other Sources. Commissioner Williams . now has a different plan - ~ Federal monies for Key Largo! Don~t bdieve any prOlnises about funding from the $213 minion Del,ltsch bill. Even if it were to pass 'in the ' Senate - and it's not even introduced at'this point _ it's still far from reality. Let's first get guaranteed State-Federal funding before considering IDlY sewer projects. Send this message to your County Commissioners: .--------~----------~ I BE SMiUlT .. START SMALL I I We, the people of Key Largo/Tavemier, urge you I , I to first pursue a small, mostly ~tate.;,Federal funded' ',sewer project. Vote N~ on the $83,000,000 Ogden' , central sewer contract. -::::. , . , i ',,', ,',~. "I .--..irLc ~fr~, 'SnrF,f*,- 3~q M ~~~ftlL'\"DfL'l I Name ~ , Address ,I~ L~ 0 _ I 'liar; ~f,. (5wer . . f(, r-S/,qW lJ r ,4-f'b, (_~: ~Name/ . / . Address . 0, ! , .' ., ; Fax to: 852~3242; or Drop off at: The Book Nook I 5 Mail to: P.O. Sox 660, Tavernier; (WaldOrf Plaza); or i I or , Package Depot ,I E-mail to: . " (Tradewlnds Plaza) I I dordall@terranova.net Help needed: Your time or $$$ _ I I ' call 852~4819. ~------------------_. - Check out The Reporterts website at www.upperkeysreporter.com ld ~S:0l 000G 80 'unr SPPl-lSP-S0[ : 'ON X~~ 3WOH l~~n~ d3A38 : WOd~ H3-d - T""'J- -, '~ ~ , , """ ::r- 1 o "'0 I o o ~I o n> , . K\~ ~ 1 ~6'~~!~~ : o " 0 r"" "':l 00 - . Q) ~~.. I'::! I('J} ..... 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'<, en a ~ a (1) et ~ g- e. fA CD ~ .., "0 .., ~. n' ~~ <$0' 06/09/2000 17:38 FAX 305+853+1608 MARINERS LAB i "'i" r '.' ; , .. " ,~ 'I"'-:............./;..~~.../. ,I ,.- - - -I ~ ~ I g. , ~ "0 I :. ,.8 I fAn ~ 0 I .,,: ~~ I ~. . ...~ Si's~ &~~ I 0..' ," 0 ii '0 co: . --- ~~~ ~~~ I ~ ..- :L 0 ,=' ~:z f~ ~ I ~ ~'a.~ : z Q I l'Il ["If _ - 02,0" a ~8!? : B ~ t'J11 ~ o ;01':-0 - 's:: tn, l;I'.l .. - 0: : e-.. 3: ~ Igi;"~: n~>I~' ;ag.~. . .(A ~ ~ I 8.Q\:: oo~~, 0 ,il~~~~c I ~ ~ &: W Q.. Q. ~ S Cf)' s::: l:a~ ~ ~ (i $5' ~'~. ;; -""otlll'll'8:J 0 ,0 .... en l'Il ...4 ~ ~" .~.. ~ ,c- q!l. .0: : 0 "Q iooof ::s I 0.. s:::: .~ ~~ ~ ~ ~~;1 C/}~ ~ ~io i= ~ ~UI ~ ~ aO QI:l' ..~ = CII s:: Dol l: ~ g. ~ ~'- ~ a ~ ~" ~ t e- ~ ~~ ~ ~ 5' ~f ~ ~~ ~a 8 .,,~ ~ ~'~ ~ ~ E~: ;"....~ -~:_~8rJ'J ~ :~'= Et ~i~ a~ . . . n :. Q. : ('1) :. t-olI :: et ~ ~ a .. I zz sa n~ r~ .1 I' . I ..--- - ,,1 'I --- ---. rJ'J S ~ I ~ g. ... e;. S? ::I C. '~. ~ ~ fi 8 =:s fA -, ~ n ... ci ~ tIl ~ "SI ,g. ~ --"~, ~ ~ l'Il" ~ ril .... ~ ~ g ~ 0'" ~ =- ~ [J)S>> ~~ ~"O ~8 ~ ~, Q.'{II) .....PJ '":CI'" cno ::s s:::: ~" n~ <= nQ. =s- -.Qq ::s q~ &.a ~g. ftn ~v. "N e-~ ~~ '8 . -'0 ao .0 -'n ~c {II) ~~' Ci'::r l::r" ere: ~~ an ...::s ~=;; ...... ~ ~~ n tit S "a ~ l'Il l'Il g. ~ ;i ~ n g -0 ~~ ('1)n ~o ~~ :::s e;;' ~fA n _, Cao ~::s O::r a ~ tIJ o~ Era ~ 8 tz (I) tn- 10'0 ~ ,,"s::~ n'"" p..RS:::: ~{II)cn .... ~ etn~ ao,< o~~ ::s .... n '{II) '< ~" , l'Il 2l, ::r ~o 0 PJ ="""" .., ('1), =:;; ~ ~ hJ ' ~ e= ~-i! ....~- ~o a (Il (1)('1) .- ::s $1 0('1) ~{;l ::r ('1)- ~~ ~..., ~e: ~p.. ('1)8 ~!3 =('1) """" . '2.9- ~~ I~ o s::: 6: 0'" n o o z ~ t""'f ~ ~ z ['21, ~' o ~ ~ r11 ,~ ~ ~ to( 8 :::a @ - ~ o ,~ ~ - tn '~ c 2 ~ . !lI01 U) tl1 ~ ~ ~ ~ ~ ~ ~ ~ 1 ...... ......... 06/14/2000 21:57 3058527635 PAGE 01 ~ . "'; Jl , i t ,. I' , C t .. i '. 1 . d ,/ r--__ , f ,- ~~ - - - ~ - - -;,~;; : '1"~'1 , ~ -..;..:-..',. 'I -i. I."'" ; :' i \..L II'!, ,il: , S I ,.1)" : ~ ,I' ~~ I I -t:..,. : s '~' : j~ J~:l~: : s:l 1*'.': I: I os ir;.. ~; :., ~ 1~ltJ. ". , i 15 ~:) .; : i ta: 1'" i"~ ': I .. c;;( 0 ,r::!.. . , ~ I- .,:, ~ ~ : i &5 tti ,,:~ :,~ '{ : ~J I I ,. ; : U;:j : , ~ " I ..... ' '!~l / , 1-, i I ,r: ' utI 1!1~ f f' /: J. : : I I...tii: , 'I _. a , i : ~ I : " ~ l , ~, ~ , : ' d! , l--' a , , ~ , , So I , 2 , .'~, ~I 5 ' ::I I .'.f ~ I I ~ ' D' C") i .. I ~ ~_ , & '~ .il II .:'! f 1 f~D,',''f ,,":t ... ~I , CI~ , " '15 IN ~ ,I :: I I ~ lj'I iIiir ' (9) all i i; : JI ~ ~'.,} Ii :: s a: : .It l:if a"l e I , '---___ "';;...1 ! - ---------, --..." L2to-1-1Sto-lSOEl huedwo~ ~~ed jaa~ le~o~ / I I I I ! ess:SO 00 Sl unr UO/UO/UU U~:l~ tfu\ JU5~5~Ul~~ J.W:. lU:.I'U!\U::.!\ ~v" : SEWER ssm Don't let anyone mortgage your and your children's future. The County Commission has promised us for years that if central sewers ever did come, they would be large- ly funded from other sources. Commissioner Williams now has a different plan - NO Federal monies for Key Largo! Don't believe any promises about funding from the $213 million Deutsch bill. Even if it were to pass in the Senate - and it's not even introduced at this point - it's still far from reality, Let's fIrst get cuaranteed State-Federal funding before considering any sewer projects, Send this message to your County Commissioners: r-------------------. I BE SMART - START SM.~LL I I We, the people of Key Largoffavernier, urge you I I to fIrst pursue a small, mostly State-Federal funded I I sewer project. Vote NO on the $83,000,000 Ogden I I centra ewer contract. I I I I I I ~ii~ I I I Name Address I I I I Fax to: 852-3242; or , Drop off at: The Book Nook I I Mail to: P.O. Box 660, Tavernier; (Waldorf Plaza); or I I or Package Depot I I E-mail to:dordall@terranova.net (Tradewinds Plaza) I I Help needed: Your time or $$I - call 852-4819, I ._------------------~ DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MmLL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! Address: Telephone: ~ -- 3~ ~ /3e RJ FL :3 307D ~s;2-/6~ , COMMENT: ~~, .A/z, ~ ~ Lh_.P' ~ ~ .-/~~ 1;;, ~ ~ ~ ~ P"'/ .-h- ~ . ~(/ FAX TillS TO: RETURN TillS TO: Wilhelmina Harvey: fax: 305-292-3466 The Book Nook Nora Williams: fax: 305-289-6306 Waldorf Plaza (mm 100) Mary Kay Reich: fax: 852-7162 Key Largo George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RESPONSES NEED TO BE RECEIVED NO LATER THAN MAY 16TH DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. OVER $600 PER YEAR; OVER $13,000 IN ALL. THAT YOU HAVE TO PAY. DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MHILL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! Name: Address: Telephone: L( S-) - I (p :z 9 VI mb~rl'€M t+LAVI t 47 Jew+;<:)n ~'f. f:)L ~ -r ), Signature: . ~/YMb",jl.ff LfJuMJI COMMENT: FAX TillS TO: Wilhelmina Harvey: fax: 305-292-3466 Nora Williams: fax: 305-289-6306 Mary Kay Reich: fax: 852-7162 George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RETURN TIllS TO: The Book Nook Waldorf Plaza (mm 100) Key Largo RESPONSES NEED TO BE RECEIVED NO LATER THAN MAY 16TH DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. OVER $600 PER YEAR; OVER $13,000 IN ALL. THAT YOU HAVE TO PAY. DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MHILL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! Name: Address: Telephone: ~ ~J4.....L.:;., ;30 E &d f2d,/fX..AIl~tJL gS~,O'r;-;<,s- Signature: C ())~ >\10 (j ~e .J.t~~~! JkJ- ~ ?t~ COMMENT: . '~ FAX TillS TO: Wilhelmina Harvey: fax: 305-292-3466 Nora Williams: fax: 305-289-6306 Mary Kay Reich: fax: 852-7162 George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RETURN TillS TO: The Book Nook Waldorf Plaza (mm 100) Key Largo RESPONSES NEED TO BE RECEIVED NO LATER lHAN MAY 16TH DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. OVER $600 PER YEAR; OVER $13,000 IN ALL. THAT YOU HAVE TO PAY. DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MmLL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! Name: Address: Telephone: tv' ~ 1D-4-~ 11", ",.., J1 c... -3 0 t:= fJ.u.-cP.. P- J r;- S-;J" - ~.s- .;:l.S Signature: 0.s.~ --u< Y1~~ ~-r I.?'<'-- Y\..(=f .ss-:~ r~"_/ COMMENT: FAX TillS TO: Wilhelmina Harvey: fax: 305-292-3466 Nora Williams: fax: 305-289-6306 Mary Kay Reich: fax: 852-7162 George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RETURN TillS TO: The Book Nook Waldorf Plaza (mm 100) Key Largo RESPONSES NEED TO BE RECEIVED NO LATER THAN MAY 16TH DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. OVER $600 PER YEAR; OVER $13,000 IN ALL. THAT YOU HAVE TO PAY. DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MmLL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA~ONEY! Name: fO)W'~ IvQLL L,:JIU<.JtJbryUAddress: "3 ~ 6. ~(l) Cd (Av Telephone: SJSd-JroJ:0 Signature~'J' ~ v.::.lQRt~ COMMENT:' ~ ~JL \)~ C>vL\... V\.~.Q.,W~L'r"1 ~~ ~~~ ~ .... U ~~~ ,-".~ ,~~~~ ~ y~' 'N tl \l 01=((, J \JJ',\1:-<A "'~ ~6 ~ OJ,)OvL~ FAX TillS TO: Wilhelmina Harvey: fax: 305-292-3466 Nora Williams: fax: 305-289-6306 Mary Kay Reich: fax: 852-7162 George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RETURN TillS TO: The Book Nook Waldorf Plaza (mm 100) Key Largo RESPONSES NEED TO BE RECEIVED NO LATER THAN MAY 16TH DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. OVER $600 PER YEAR; OVER $13,000 IN ALL. THAT YOU HAVE TO PAY. = ... = ~ ~ . c> = . ..: ~ c> ~ e~ ~ c ~i .... ~ c>.= ~ ~ -.c = c> 1.... .= c> u lir.l C . c>~ .,~ u ~ . .c ~"~ t: · 00 8. r.. ":z; ~ ' '1. ~ lir.l,! ~a ~' E-'=~ -~~ u~. iQ e'E r;.il ~ 8 Z"Oc ==:=c> r;.il-=~ U c> . '.... u :z; lir.l;: o=- 'C UJu lir.l.... ~ c> c> 5 ~ r.. ~< ~ om · c =:a . c ;~ c>.. ~ ..... 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Z <:I '; r3 W} = o = ~~ S ;; - ~ - . ~ :; - W} = . ~.= - ~ ;r-l ~~ Cl.,0'I 00'1 - ...-I OO~ I ~, ""- ' ~ ~ 7:' ,,~ ~.~ I ~< I), I..\II'\ /) ~'~ ~i ,,, 1\ ,~ . ' ~ ",,!<l -' '~!~, ~ ~ 1 \ ~ ~Dj:"1 ,v~ ~lt.~ 'I~rl~ \:~,~ '~ ,~ ~ I "l::: L.~ '"" ' 'C.:::t... (J' I~ r~ .......:- '-... ~ ~ ~C '-"'I-',!~. 'l'r\'\~'" k""~ ::s; ",.c.. )~ , "'" <.'\., "" \ " . Ij' . "'_ ~ ~ ~ ,,); . , ")', ~. '!I.. (' , "- 'h.~ "'" \!II!!I s ,~: ~ l' l~ '('JYN I~ ,~~ ~\~~rf~f~~';'J\~~~I~~ ~~~ ~" ~ ~ "-.; rfl" I ~ ~ ( l~\ I ,...., ..~ ....)1;: ''-../ \" \ J ~ rs" ~. ~ ~, ~ I '- ,'" Ita" ~ ~ ~, "" . -=, ,::t' ''Q I~ ~ ~'~_ ~ ~f\~ ~~ ~ ~:: -~~ ~ "- '1~ 2,.~~~~~ ~.~ ~~ C~ ~ (01~~V~ ~ 10 \fi .>-~, ~ ~~bi- . ~ ~~ ~ ~~~ ~ '*1"5 ~.j ..... j. ~ Q \0 ~ ~f~~E D~ ~~~q~ t-~~'0~ '~~ ~ ~~ ~ '? ;i ~ ~~ ~-)~~~~ S ~l... ~~ q : -.. ~ ~ ~ 'j; ~f\':C ~:J ~ ,,~~ L , -.. ~ ~ '" ~ ~ <;.\<.~ ~ ~~0~ ~ I~ "~~~ ~ ~ 'j '0- r0~~lrO \~ ;~\11.li \)c~. ~ ~ ~I~~ II';" rr. ~ ~" '" _ ,~ '" ~I'~ ~~ U~~~~~~,~~~~ ~ ) - , ".~. U 0\ f'; q: -'l 's '" ,.",1>-.. '! ~~if~J~\~PI~~~~~;~~~r~ ~~ -;~ ~ ~ '9r::::i '" '~I~;} rt<:i:I'~~, ji ,,;;, ~I~;:..!: t t\: l\t )- I-( .r ,..:; V- J " ~ '- ~~~ 'S~ :lll~ J ;~ 'tJ :-:~, ~ ~ ~~0 ~ (~2'1 ~ <L =-<:JY "" .>Q · "" <I' .to <::. ~ I ':l ~ J~~~~b I~ ~ \- -.. 01~ ~. - - = ~ fI'j = . e e = . ...fI'j~ .. e ~ e~ ~ ~ = 8:; - e. ~ e.c ~ ~ ';.Cl "0 e ~- '5 e fI'j = . e~ ~ u ~ .~ .Cl - = ~ .- '2 . . 1:: 00. e ~ Z Q.," ~ IlP.l ~ :: = N =..c: i-l ._ ~ E--.c~ i-l~~ UN Q== ~Ut ~ ~U "0 = = e ~~U U e- - . Zfl'j~ O Q., .- e .. U.cU fl'je. ~ e .. . e ~ ~ .. ~< ~ OIl . = = ,- "0 . = cLe .g ~ -"0 ..- ._ IlP.l - - e = OIle ~e. Z e - IlP.l . ~ IlP.l = e = Q.,~ .~ ~ ~ . ..= ~ . ~~ ~; ~.c - ~ ;1iIil ~. l'r) Q.,Q'I eQ'l - .... rn~ ~ ~ ~ ~ -....-- l~ ~ \/ V We the undersigned strongly oppose an~ postponement of the May 18 BOCC review and vote on the Ogden ~astewater Treatment Plant ContraCt with ~A_ . . ..:,\~ .~% 1Jt{ s;,. Name Address Phone '# ~~~tP /~~ ;;Z~;~ .-. ~J?-O<J/'f' .... ... ... ))..)/lY '/1 r1/ l' . '~.<-O-- (U~L'fY'- . <'ic;..'f~~j!i.h 4,~. '1::-0 8/ ,-\i";' O~yd. /4.1..1 (!/E /J (('.if 7S;;)!.!p/~C!,,?V:~ ~ Lj:J 3 --- L(3 7 1......, ,___,.__hJ~~~.~, ." JC~I~-~~Tu----._--_-.-..lL ~~.-~ , . ,,----,,_._--,--- __ /.z.~/?l cL 1ktEF. ______. qtJ~Y1lascJt ~ ,!lI14~.a Old > 7 75 3 ~ . ____,_$J.~_--~u!laff.,---------,:-2L-~ ~()J (~:~L______. 1:>!- j/ ~ ____ ~_fiL6.b__/,jgp..fll)-L/...-----n-l::J~-~.X1X2 ~ ~_#-d 45 1- D 2-82-.._ ___~/ ') i/V I) RO ~~~=~!'1tU:L__.___}9_j __._)j0.C'!.c ,__ ,~!~__.______ ,_.-__ 4- s I - 36 a / ----4# C__ .Ltt'~~!J'IEF __3'3_Y_IJ1~ fI:e:jfh'J'l-~r-L---- " n- 6 ~ 'f :s __. . & .... ~~:l====._~_~~#~~~~. " {/ .-- \ . "". "t.- ,"'.--------.--.- ~f~E/_~~~___L~/ 4D ~5L-:232:_,__.._ ,<3(pt{,~l4_~--~~ 3<<~)~~7 , ;'0 oZ_~),~_,i2-r-...__ /~~1D -7~3 ~ D~__ h0J~~~~1L~~57 " ,,--- u,~.--"---?J--- , C{1--Q~------~. hi ~_ L:flvW ~stP3~ s:.3_S~___!5?5~~~_L~~fJ... fl- S:~d3~___ .-- l ~ D9r~t2 '" .----L 2 ~----L >.~_ c: T K E Y._t'fi /? ?~~ J_~_~L_ _fa'f2X-'5_L~~LJJ1:jf t ..(1511-2<6.1-- ?~' n ~ 6 ~ L CIS 3' \ '1:::J ' e " - ,- -=- ," . c.. L . n"2<~",-:.n-.,S-f"--..~~~O _uc-,""~---.-u~,.,2J,' ~....__. ~ . P:v;v} ( ia\lrtuMf 1f)/6{( t' C; SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL /0 t-Pf//iz ~trl)l2e ()II/lr (7'J:;;;;) l<eCJ t-t+eq~ F/7">"037 ~ Addr~ss ~ ~/Ce~/'e p~_ ~~d7.D /-Z3:M.37 , Addres ") , IOt.f:/P({ r ~ kL33037 Addres J / <i? 7YC/! Over5C c<---&' ~ y S' ~7, I Address ?-~dd~S~ Kt/~11-, ItJ IJJJ ()VUSeASt/-ldy Address di jQw P ~. I%, J"(p Address S/~~ ffl.-,N 7 ameM,iIt~/;=; ~~ CVqde:'" ~~-~f1;~ ame Y'VfVf(. , ( , eN Name ~;j-< t Name ! ~ clJ~~ f(Ja e" Clvy (J Name ~,' ,) " (fLp b" io et"1 C<7}-.~, s. \, Address j ,:50 }- J"Z.~)"- lV'J1'') c. c/ To Donate or Volunteer -- call 852-~ L\=&\~ ?: ~,r-l-f.,l- CC -ni?1'>S /OAl€',<S' !J'S;).r 1'-1 (,. Ci DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MHILL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! Name: Address: Telephone: AL~aq- ;14~tfI/;t;j /~C/I;t/;!L/J;f 451-55tJ3 Signature~ ~~ ^ ~ COMMENT: ~ a--u ~?DIO?XJ~~ ~( ~~ ~ ::f()/OCO~I' 2'~~~~ ~~~ ~ I~fr'--th~~~" f /t;d~!' ~'G~ 0'0 ~~'Ii ~~.' , '7 -~ ~ ~ ~ - --;Ju-, 6Jl-<<thd cf~ ,( FAX TIllS TO: RETURN TIllS TO: ~ ~tfJt:i., I Wilhelmina Harvey: fax: 305-292-3466 The Book Nook / t Nora Williams: fax: 305-289-6306 Waldorf Plaza (mm 100) Mary Kay Reich: fax: 852-7162 Key Largo George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RESPONSES NEED TO BE RECEIVED NO LATER THAN ~ DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. OVER $600 PER YEAR; OVER $13,000 IN ALL. THAT YOU HAVE TO PAY. \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ?I'~c..'r.i ? ff/../N7 MM1(}.jn A~ RDDen Name [G fJ.l1r4 Name 5 ())R1rIPJRI1f'lf b~-K.L- Address S,'-N '-Ir! OL.6SIWA( LN. J<L Address /CJ<:t ~ n.d 1.~(J Address /(2l, tF~5 ~ Address 4/~Jt~ Name Ak ' ' / I ( /','~a~ ,? v&iL , L-- Name ~?~ la,N-P Lfl-;l\LE . Address 7~/?g[~ p;d?( AP'tdrrp Address t:Uu~ a~jt~-~ Name. ~ '/~// --- ~ ame J % J 00/JU'-f j ;;{ ~ ,f(, ~ Address ~lJ'b~o~. ~~, - Address To Donate or Volunteer -- ca1l852-~ ~\~ -r-; lr.J-'-'l- C/)"'U11'>$/o..;e/lr !S;;L'I<-!(.,Cj ~~ \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL t7 ?/'fG<' N ? /!'~f r~ZJ /83 V~~. ~- Address \\\'\J ~,~\}Q J- I q~~yu Address 0.53..-31~ / #2'2 3~~ ~4Z3 Address y~ )-7 3 if,? ~~ ~ uv*h~ ~ d 2- 3y..\. A.~VL t<L~ L'f'-r- F! 3J d) Name , rI L 6')Cf~SS- S d-/ '1 ~J->~~~~~~~ Name Address ../~?2 6'l~A#fi? Address ~06 - ~S3 ~-3~S')I I Address d ?;t,rjdl ;)n~--e '1B-3(P~f Address To Donate or Volunteer -- ca1l852-~ ~\~ J-; ~_r.J.v,- C/),,"m'>s/o../c'~$ !f5;;L~/<f(., 't 86~~ \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL S,~ EX. J: lI/wfdL 1t 1t/7(8: ~ Na er ~ Name !/J-{ p~ /t?( ~ ~ 1~~ r/'1(.,\d r3" /0' ;/Itltq 15"/-5(;// ,/~ Address / / g' ;:r ft;t~t- f i1- So II Address 55c;/--fl/1/~~ Address A,ddress Q:L080 O/S ~~ ?Sd ~ S4tf7 TIkJ} <I---f Address IOJ-~rl/ GIs liNt /FA- "b51: - 9J--o '1 14t 0jOj Ii Address '-/01( !3w h L!SI937/ Address 219 La('~~ Sf ~2-)lLtY Addre~ I To Donate or Volunteer -- ca1l852-~ ~\~ r; ~_r.J.."'l- CC/11i?1'~s/o;../e/l$ !!S;;L-/<-!t" 9 ... ~~ \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL S/' ~ Nk~ ~ 8U,5q e/' s Name ~_ .pflel..)it(. ~~ Nan . ~~ Qlul'Q6MJ::1- Name .4/n '-110.-..... ~ ,"" L{ofh(~v ?/'1('''/'''; ? D -tt-f) ~ '-(S;-I -:::; Jo~ llyro~Ur\'u~ Address cR:5tJ, ~ '~e>i'~ Address It{ )- e"YU /L14 Address [(')~O ~ {"". Address 960 *0;0;'-'-- ( LtA. ~ Address \O~jCAO G~gtl/) HVvl Address J o~1 <6! O(0-!b~ . Address \)' !3~ ~ sHd/l j}/2. Address To Donate or Volunteer -- call 852-49-l--&- ~\~ -r-; lr-J.t--l- Ca'?1m's:s~o,Je/1.r !/S;;l'I'-Ir.. tt s~ ~ ~ \ s (~;V P'l..-III/ 7 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL Qa-hM;'" tJ--- Name PA'-(Rtc..t A LAcoS-re. ~~C /L~ L. Name /l1 At1/1i .4, -:!3PI'<..rc.e" L . 1ft .c-u~' 'A-} , r-L~~ Name A1 Jf;f /~.-U /Y). If / /?,sl/ ~~/).D~~J.I N~e . &) \,tt ~,-~- { , Name ~ ,'". ','J J .L c:/v~ 0 riJ.1--!.-'tcU;,{;LJ.A' Name ~ )Z)()cll '-I . Name ~ ffQ;C k .~ ~ 'P How G 53 ' 8a-AIJ br<. *( lARGo 'b5d'a~~3 Address S06lJo/lf/Tf> LAA~ (CG I LAI<Go J~-co7..3 Address ~I'I'P VL^!/!4.t4-v ;LA" r4 k..0>tt' {:I: Address ~~ Jfq '1.!::r.J-t.a-. '/5/-35d~ Addr ss d~/f'~r!':) {j~JU--J riJ}/ II L . Address i ~1/( ,tL/ Ii lit 13 f/c"t[ (i ~Jj ,'AU'fjI' Address ./,j b o( _1:.) J .'tf'J) \') \ ~ J(-L. Address ~OG ~~L~' K~ Address To Donate or Volunteer -- call 852-~ ~\~ ,]; f.. 4. L-i- c!..0/'71r111 Ss/~,./en.5 e5:;-/~~ 9 Ph-- /1r~ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ?r1(..~"',,; ?' S/<-N ~~ '1tJlP~~ f-/~J-3J{21 f"'N 1 Name. ~ Address thhtl/C JOI%5fIJ{ . 11 Mtf5Wv IJ/ H53- 3S5S- Name Address VClN 1v ~,L, IV ~ 2 ;n rJ 1...0 CljJ J-k.- J ..t;;;ro Name Address ~\A)~ \\~s;J~~.~. ,*.s-1-~~4 Name Addr~ Name Address Name Address Name' Address Name Address To Donate or Volunteer -- ca1l852-~ ~\~ (-; l r-J,.'-'l- CtJ /11""" S;.s /o..;e/~r 3S;;l ~ 1'-1 (., 9 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largo/Tavernier, urge you to'first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ~,..L.v ~#,c~- Name 1 ~ ~~~>L ~2~~ Address Y;7~ d// Name 1fl~J~ U~ NM ' cJ/(~ Name 'fen (), fey 4-~!)( I/} Name ?/O ~~ d p:?, Address I S-ti IS+-Cous-t Address ~3/() S6~ O./t . Address v L I . "'eLf l--fl'1 ~ . F f.JlR 3 C-ab(l1q 6-{- Address ,~y ~AI'./77S/~ Name {51? (je-~/UI Address cJ I /Y. e #'4:IV )<Ie / LJ..e.. Address / ~ }u- cJt~ Jo'l Address . 8Jf/,4)1./ kMC;<e~ :TZJ L Name vi.( / '7 To Donate or Volunteer -- call 852-~8 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to'first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ~/P~ / Name ~ ' 10vutCL hloJvwL0 N me ~X IYcU>>J Name ~~~-~~ 1lv~IA~~~ Name 76~~/J tI..verJ'e4'J //H/Y /' Add ress ~7 Sb~~ ;b~, Address 'J/(2~ ~~Q Jf'.. Address ~ "'l /0 v /T j;.: 5/- Address e~o !O<(3.ro 9cf#>-yy' (J-Y{){, Add ress . ./ Name Address To Donate or Volunteer -- call 852-4918 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to'first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL vi ~h )tuA~Y0?- I /J.Jam~ '13 CUuA _ Name ;~ w~t'N ~ _ ,/ ~.k Name t 5'9 UL.5o,u '~;V6 Address /$-3 G-uml3o L/m&J OR. Address (0 q ,s\ hv Sf'-' ~ 1\>( Address c,:0' rJJso,,,) 6fl ~ Lf'f!o Address Name Address Name Address Name Address Name Address To Donate or Volunteer -- call 852-~j yn~ 2 9 SEWER J CA/n.A. 3: 30 - $$$$$ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largo/Tavernier, urge you to'first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL u Name Name (]Kt~ Name ~A-r he~ l Lop e z- Name . ~ tzu~cA.J Name Name 10 I~ DOJ~!Cd. I(~I Lo.l"{)O l Address . ~ I 500 CMllbe{t-/VN O-/l.h.J-G ~ I Address /c2/)~~~ 7Y~u--.. Wif cY~" 'tr~ '1U--Ve/!A/~. /71 cVC,D?OIVV) L?*~ &..v..o , Address 50 Oe..,CL~ ev..-.l'- SlA~~~~-'LL~~~ Address S-~2 ($('ht+t(j) TA.-1.r"(~{~A t:1?:YCJ7V' Address ~~ iJ . t3Ay fI,A'A:Mk:.. j)i;! i /<:.t.. 33037 Address Address 'f IX' (7 To Donate or Volunteer -- call 852-4918 ' SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to'first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL J3~tJer/v JlJh/Jl~{)n / Name a ~ 06'"9 e. ...J<j h nSdJ1 Name <:J0-rn ~_ j JO IvuSd /lJ Name ~ .~J}j-b' /-I~ wet r cI Na e ::? d.l-i- / b ISCUS L 11 1fr::1.1 ~{) Address .J ~~ 1f/lolS'(AJ.S J.-n k~y UU:qCJ Address /?Uc/&x 6"b7 ;te7~J Address ( ;? '] ItLbl Sf tIS L A-L"t".l{ L~vrJJ Address J _ t: 0. ~ >c- :5 / ( A~V~ClJ , / Address S~~ CPf) J;;2QL€- Address pCJX ,Igg r,!-" Address // i}; <:7/ T" / To Donate or Volunteer -- call 852-4918 tU~ Ild~ Name .2/ 4blSCUS !~(. ~-11acr Address Po 5cJ/<- 0 b7 KEY: Z ( Iff lC:/S:C(jr;. [^I, LA ((Go Address DA'vf([) ~0. ~ ol,fAJ>O'L/ Name --3Q~.thnc.tL- S-7 ~~ Name Address 08Ji(J, ~~ ~ /J.~/l 0-1-. Name Address -:j.Affi;t(' (0 --tJ LLt7lk ) f!1J.f;6)( 1'6 lfJ' /fftt I ~ Name Address ~rO) ~ Eo 6oy- IR4.5 J0J-'-I~'QA\ Na Address ~C0L ~ - ~ \~ PO. ~6X /elr~ ~ ~ Address ' /1I.If!1J~ uJ/I/;~~.6Js. /cJl!/ (<&j ~a Name Address a~ 4 CA>.2z ~me ~/~~~ Name Cllv6~ ~~" Name 6oY:3 7/ )r~ _~.,..~( Add ress 39' ~:6/t9G~~S"' Ln Add ress t:'~~~ C/U Address V)Yz//ler tVf~r//(r~ Name .fJ !/ -;:J lTX 111 s- / .-f P- 'XL:!/' co Address / '1r / I To Donate or Volunteer -- call 852-49+8 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to'first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL N~9/J~ W~ ~/rf!I~ Name <<i~ ~, Name , ~~ Name~ ~,/ fJ t9 &~f. 13",,?~ . ~ !l- 1/ /Jr:jtJLuJ fr Address LM.f'~ WP \ 4- .35a3~. f () - ~J( l, 71 Al+tpu WC37 Address f?6,6ox 677 ify..~:33d:J7 Address ,,/p lf~ /!(P;< -1/ tJ,iJ1SYUS t9r Address I3c;,(3 ~ lie (~L. Address !'k-/ ~ / P C/ /87 u'-6 I { ~ Address . t'/ IV I {JCL3O;</S'6 {" f!~~re~s o'i I Or t;/;~)fl ,LCf'-,J ptS:J ()70 Add ress To Donate or Volunteer -- call 852-4t~ ,) vv/JJ/g - Name " w H LV tt L } 19- -- I Name Name --;;r r~(l~ WfLO r Name 7!2~ 1~ Name -1/~ 7CdfLuL Name ?OJJ :L57; !( ~ ~ 331137 Address ;ffa /<;-7 / ~ 'J~ Address Name Address Name Address Name Address Name Address Name Address Name Address Name Address Name Address Name Address Name Address To Donate or Volunteer -- call 852_Jti"1 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to'first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL UlctJ ~ +J~'J Name . \, ~.. I ,to-U./U-Unv (!, <J-:v!t~/)..J . Name .s~ ~ ~ f-J~.~ CA' We. Address b5 A.I /bcr.!<A/~ Jwe_ Address kL ( 5kf~' I"J /Jii} Name '17 N. /J1~(/~ ~. Address Name Address Name Address Name Address Name Address Name Address , 'ri ! {" 'I'll To Donate or Volunteer -- call 852-4~t8 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largo/Tavernier, urge you to'first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL tJ-+t fY\~ W~e.-- Name -1 ~ ~Yj} l'fi.m\ 0 Name jf//~.e ~ - fxw " S Name '~6fo/tJE SuE (;kJff~}-L Name Ii1 If!! &Il~ rln- A Goe,fo Name 2.22 ZNl:d?o ~~ Address PD . ~O)( <130 (~ l M- SO. fL Address ~~$I.') q 6~~tU Cin.u~ Address [Ii \ar1eGt:1~/ (e. A dress lOll Gbrufirr- Rr h~WYD-R. Address c2( C'~~/Iu ~~ Address fa ~a{ l52-1 /0/&;:10 if) ( ~wtty 'Ke'i lM;.)1J Address v:II ~ /6 b )(19)/ h' /)-r. '7;,/J€RRtJ(€'1'( Address , , t/ l .<., i " I / To Donate or Volunteer -- call 852-4918 (-e -fff; 01'1 I1clJe$/ /k,Bp/91' Name n -flu e&a~ po #-(;o?? Add ress e67KM L SS; I O~ / e ('s, 4;y~?/ 3303? , Name Add ress Name Address Name Address Name Address Name Address Name Address Name Address Name Add ress Name Address Name Address Name Address i./()I! To Donate or Volunteer -- call 852-49+8 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largo/Tavernier, urge you to'first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ~ Cd1~~ &/~P ~./ ~ Name ~~- ~mJ.~ me ~ C74x ~ rt RTf ~~ Address (:::: /03'> ~n h.y4Ji!1of. Address U fU), /)06066 J. 'Je/o..jFifJ- 33036 Address 12 ~tJLJ/d~ a1~. K. L Address ( 0.3 2,L'e::> U '> , Address (( L , F L- ( NwQcl S~ N~ ?bJdp~~ Name ~ >25'; .5;,J 1/ c c/ /1., k; u.4ft, Address S? 7;" fo,,) ~... y - '[, ./ Address 7CP-<r j2-0C( Qk fl?d k;L. Address i('!/,! To Donate or Volunteer -- call 852-4~t8 fe .tl i; 0 I'i ])o-~ +I-or- Name ~-flu e&u;;/;{ ~/vU ss: llYN I ,e{'.s. I~ 1/fJ.n1r ~O i/-CVVlmcc.k.. 0. ~/~)'FL Address 3 3'()3~' ~I)m~.~ Nam ~) Oo.-c,s ~ '&-L\ \...o..(L~ ~ 33<J~t- Address Name Address Name Address Name Add ress Name Address Name Address Name Address Name Address Name Address Name Address Name Address '/' (j I f i L ;) 1 ;' To Donate or Volunteer -- call 852-49+8 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key La rgolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL 6Z7 ,~O~ Name / ~, S.&-r-,Se..d- ~~/~Y~l1et-1~ Add ress d~-,J~ ~~?- Name /)"'7 .5:-'SL--d a-z2~>~ J;;:;~e~J~ /' Add ress ~ c:l~~;{C2JC0 (?/)~ (lAddress L 1~3..oIJ ~~ I~ Afhr'}d Address \ .,) ~. ",) 1'-Ult-J{J t?7}~1 xd ~r ~~ ~u-~ Name Name Address Add ress Name Name Address Name Address To Donate or Volunteer -- call 852-4918 fe f/-!; {) 1'1 fc, -flu. e&ui/tj t"&YK M l SS' I N.J I e {',!; i(~ Na e {Y~~ Name X~fJ~ Name t.~E~ Name Red ~ Name J~ ?J1cPj Na~e , ~nt~~ Na e Name Name Address 5~ J~er fl::- Address 9c73~~4?4- ~ Address L (2 L aJ.n. L- Address JS2.I-JO'/:I4..::v~h// ~o!- Address /( If L1'9 () ~ ill ' Add ress 50'1 ~ ~ \()" Address ,/_ -1..L.- 1.-/ / ~(,oo 6 o? v.-<t ( V"..-. '-, Address qJS2~' 1'1 O/s ~ I(~ -JJ>DS) Address 4sr-.?<i I/- o/s ~ t( L 3.36 J 7 Add ress Add ress Add ress .; (, I 1.1 L .~~ j ! To Donate or Volunteer -- call 852-49-1-8 \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL S,'-N Gf'€--!j ~. Irq r-~ e~ ~~c-~ 0 S \- <t: J L 'b t.-^"J A-' \ Name fn.../N1 ~~~uc L J!JF!- ff} CJ./1tPM'/ Name fh/1-ib~cL Name ~A tt4 Name Jf:::~ N~ t\~ a-N~ ~ Name ?rlc,...r.; ? "5~ 1(.. '~tP p!J. fJ p;( ~;)~ fr eV l-qf;fjo Ft. Address .\()~'-\~o ol~ ~~. ~~. LNUr~ Address 02&0 --ritv 4>{< ~t<-IIIL- 1(1 ~ fL Address ?fir L lYdv€- !u; ~ r-P . Address ~~ 7 J.'II BJ1I<lwoul) lJ, ~~ FL _ Address 3'52J3Z 9/fjl/ c;/ /I/I( fYJr;~ ~ f0070 Address ~_ tt::::'c - ~s ~3 (&.Jj:J. ~ D~ Address /~q C! cJlGffL/lL ~~q/J10raJO-- Address '33'65'& To Donate or Volunteer -- call 852-~ L\6\C, -r; ~.avl- C(;/71/?1'>5;OAle'~5 %5~'1'-I(., 9 fJ- \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL I S, 'tV " L i~ c4 'Trz,u,~ q ff/"N 7 Name ?/'H'N ? LjSJ- '1t2JF po,/b;J;n/lf<tft Address Name ~ Iff) (rf ~~,,~~+/ ~ }/(~uJo/ft S}O'f- Address I 7& ~naf&. ~iuvua~ rl Address ~ o!;;- ~. t~ '~3n~'( Addre s !;)J{ T-q-v €fl\. Or",. )t9~ evil. ;4-, FL 33010 Address ~06:-f'I) Ff/.I' ,.d. Address t e.MkZP J: IrtJEet~1 / P h crl- t , #IY 1'7 G 1/ I?. Ie ~(,.. ~? P Address 10/71./ J of f/w If J(01111~)-fD F- L Addr~ss 1 orJ Na e l~ Name To Donate or Volunteer -- ca1l852-~ ~\~ (; ~,4-v'- C()/1'''71'f;>/o,/e,~s !s::>--/'-Il-<; A J \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. MART- START SMALL f'i;!,C? NM ~ 1:J..:r ~ ft;.' ~ I r1? Address' / 5 , '-1'1 fl/.-/N7 Name II j ,/, It, //////!:=- A../ [,/ t t i. i.. Name ~ b-~oL ~ ~~ ,Name, ~/ -. r- ~, 1/: 0c '-,f) Na d A N J-l. 1\1 GnJ '1 E r--J ~4.. ~,~j Name' icuuL -f.tJ~ Na · (~C6 A-lvY\AY Sf K'c:Y L8.tW4-- Address ' / / cJ I~ '\C<. /lJ.v L A--mrWiYflf Address t:;f. 06 . 5 <}(i / 300 ~ t-~" fc'1L~ Address _ . ~?oJ7 ~ DS ? I "^ J I en Cu. L /S! - s(s, SC) Address l I ~jr-J 6~-eL/ JI{~~ Address ' , qq 0 10 O/.i I-h.JLf, (Jos1 LIS-I - '31 oS- Address /.jS-I- 3 o?-'f 1?J;julau-e.-,a/, ~ ~ ~~37 Address To Donate or Volunteer -- ca1l852-~ ~\~ '(; ~_r-J.vl- CO/11t?1'>SIO./t3'/lS 8'5;)'14(., '1 u I \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL .==~~-~--,S\ 3 ~ S \ k:)< O~ u.\ -nb . ~ ~~ ~ \<tf, Lf\\lc;o ~ 113 7--6", Lm60 ~". ~? LarClo Pc 33u ~7 Name !3.:Jbby€- ~ "1 Addr'e(ss ~c:> "-=> \'-"' f\ -bo::Jc:, ~ ~ Name Q~ )';)/AS {A, ~ Name /1_._/1 O-~ C~. , A- R DC A ~ C ,'A rJc:./Ot..o Name CAD Lc,- PQ \O".....~ \2..J lC"L ~3a37- Address IOfCj AAMs 02- ~ -:SC3; Address I '-( .1-\ ( 1-1 i' .' ~ 1\ /, ,~--; l : I A ",-R., ^-1 S; 11'\ 6/\ S Name iViS~~~ Name. . ~ v$r; III 1? hR;() )14 Natne Address to"" 350 O.Jei?x'c;~ l-\-~~~ LfOl Address f:xd:) Pa(1Vl '8r\u-L~W3D Address !JM 'I d I?J. &yJvJAfU 3'>0">7 Address To Donate or Volunteer -- call 852-~ ~\c::, " ) SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ,) J5".5u~~. J.z-yhn.so Address !?-o,&~ ~b7) "II ~.1HJ Address IIfZ G~~jff' rf)A ~. Address h~;hi'~ < N;~~ ~rrnJ- Nam ~/;4~' j)~ Name rY( Af /3pIJ /(/J 4r ~ . A~es /J_.. / tl ~ - 100 g' os/l Address /oOJ'5V BSff Address 3'0 -r~ f r ~ ,;.L. f/~ Address .9 j I 4/1Y"~ Address To Donate or Volunteer -- ca1l852-~ ~\~ ~'-I &~ ~ ~ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL _~~ ~i ll)~ k i Name ~~~ bQ_ I(.L. Address b~~ B:...l~oO Name '3' E I~T~r Kl Address GettAl-D L · ~kJV501\1 Name I C\ HA':%t, l sr l< L. Address L"~A, C-- W /)L70W Name .... , (JJitL~)y !ifldj Nae ~ I ~ ~ ...j (J f\J ~/~ Name ~ ()~~ Name 1.. r~\l\t~~0~~ Name t'- IJAV:s'"C. st: ~ ,L., Address /OISSI Ojilwv ;(L. Address (00 bft1LD&nJ 9-1c)) . Address )~(o / au-V( 0 P-J 't.~o Address J \CXl C~2f ~ . ~E'~ \ \>\'~ Addr ss To Donate or Volunteer -- call 852-~ ~\~ (.,~Q Ou Q .l.A"vnJ..N ~O""'" 01. i ~ ---~- - 0- /f ! \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ~J,~ ~ (J V'- Nam / () J.( (,..e. ocS €- ~t Address /C)~G-edJ r9P s;C , Address Name J 02. 66"OR6E. 51:" Address ~ ~t2~ ~cyj ~/L:;i:;-. Na e ~/J~~ Na ( ~~ 1P~ -Jh,j;JJ R-Au1 ICJ3 My LAK.6o Address ( 300 ~/~ Q Addr s J17lr/to! ~i. Address Name ~ (1.0 ~hL (> ~ f.. t.. Ad ss 401 jJ J1 PI. c<- k. L ' Address To Donate or Volunteer -- ca1l852-~ ~\~ ~~~~ ~ 2 \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolT avernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL dY~~ Name //7 / \ ) 0.:J-...4.:L-/ OV(;-/' SC-<(S J-/v<-v ~~. Address 'SJ<>; 7 ;)s~ An k~ j}, Address ;4fO L4 jJAGcJ(,0{p4f Address l5Dc) C:c'ect() ~LI \\r: Address ~ \o4-G:,c5 oA ~ Address , \ Q.. )="\',s+ ""\er\. Address ~3~~~~. . , A dress .' g S;-J-- "+ ' rn 6l/l.A4 tl\"- / q 1 S Lu1 n ~ i)r- . I 7~-r To Donate or Volunteer -- call 852-~ ~\C, ~ -. -7 <BL1 8~ " ~ ~ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL --r'~' !' ;' t'" ,I rei, ,.. ; ( t" " I \..i \ /;. , . /{' , ' ~,l,' I, If! ,'"-. Name ~ t'l L' ( C c:; (/( (... Name / " ( r\) . ~ J , , ... ' C) \ l\ /i ,Iw,~" :,\ I ;/ ( Address tll ('(~.t..) /~t /).// ... J" If Ie] .' I !. I ' .. ,/ / r \.,.., c"~ \ ./' . , /!// ,--1'''/' ':", -""', f'.ll.,.. ~, .- _ l . / ," "L ,~. {(' .-~.~r L9U-<4 J 0--' Address ! 5 3~ S 7 Z f' ;2 tJ 3 H (J M P -/1 iJ U M f Iy /J1e.. Address M~ c1it1 /1/ ac:L~k~~ . . Address ~ · ::JCJ ~ E' P J4 G (} If> ~ 'IJ..- Name 1<v6eitd: ~~ Name L--- 4 r;; ~ J3/f/j /1) NB JJOt1 /"(IJ Address Ss~ S2..~-z....- S~ IM.J-\;;~ vk ll.L- ~'!.DJ1 Address qqaJ,,'i I)). / ~11-Af~v t(. Address ~3b?:J/ \3 2ew\=\~ R ~e 'leJk!ee2 8. Address 3303+ Name Ua ~X\b\\~ Name To Donate or Volunteer -- call 852-~ ~\~ 6y - ~e~ jU SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largorravernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ~e f GAY'w) '7( ('l\lt:t>d\7U/r<i N - Address , fit{ ~t.'ff&)fk ~3't~ __ ..~ddress ).. e-f5t;~oJij, :I' #1) ~ ~cttOl S~ . , 1) Address j To Donate or Volunteer -- call 852-~ ~\c:, " (2Y-{ G,~ R.c-~{~~ I( SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL 'mY' /, '",; ,/17 /~ , Name 1/ , / ~J If;; (&tf" Name 180)"A,~ IUJI<j-- /(L, Address 1'1/0'5 c7oee-~ dh1~ Address ZJ Cot&; L A L~ h--yo me Address , / \fwt;LJb ~JI~ 3l 1-/-1 hJS!(' IJS LfJn::G Name Address J~/-fbJP'11~ / jJ() 7 61f N e Address U r fOfj(Jxc27~/ ~~ Address I~ /"") .,/ f~' .(). !:?c/j( J 7Lfu f-7L1-/lL.<) Address Ie; Z ~-~/ /!-- Address / p I ~CFlI ?M'-.- . ./ To Donate or Volunteer -- ca1l852-~ ~\~ "! j~1 ( {~;> o ,lL), J!oK If oL I C~Vi " V\\~ ~ L 5'-5D 7 v 1).--- n \- L,../ ",) l I) I) 1\ / V:";".(jY\..."'~'^-_A_ \,c'---<"'r~"(,"'-~, J vnJ r~ J1/CG!l//7 y / P ? CJ c- cf)/ -/ Lv /J7 c?" ,A't;'- ;\<e,y 6 ~/t'yC: flA /Jdlk-4 3Zl 3dtd 1ft L~ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL )/7 ;'J /7Jft~'j '~/J!;)/ v Address ,~ ) I ;'J I d &- t, /p(/ (1 Z S. Address ~ Na~,~ ~ ..4~ 11dh$~Nk Name ~ _~cw\~ D~ wi,~ Name {'5bo ()~~~^ ~~ ' Address ~ (-5 6 ;SCV1.J- piC( c"-f Address ~ 1 f3 M/fM If ltutt t<.ty UI~(C Address J--OF CA-1Lt'hbe~ )4-, Pvd~ Address " ~ 7rJi~,0/Lc(~ Ad res ~ 0 'YSOX- 3~ ~ q \ .lLI:i...12oJ7 Address To Donate or Volunteer -- call 852-~ ~\~ S l1 n v () . ", JQA "-".1' , " \ ,J-<.J '-"','" ".-'--^--- J ~-''4.. (j 13 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. :l BE SMART- START SMALL ~4~pL~ Ie /I/Jc Ilve. e Address 0r~fl4I~ ~OS 701?PiltL Lt. ~/7$tb Na /l Address ~, I(JJt . IOIJD ~ Address NCK~iD HOU d?3 ~~ ~b-~ ,-- ~ q~~ ~M+MCl\ Qd . Name Address ~cS \QQ\ ~. Address /'/ ~ ?~~<-' .~~,-e ~.;;;> Name r / G9---.; ()u.D-r,,~ I~ t Address , .~ / 6"7 (!:'i'J rY~//&. '.t-' I ~ . , Address L/ To Donate or Volunteer -- call 852-~ 4&\~ f3 l{ ~Y\/v~ ~~--t~--1 1"( SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL /onh&Z? 0-5/~~/ ,7/4'/~ Address VoJ"'S63 t> /K....,'-A',.,,~ ~,., ~~ L~~ Address _/ ~[3 U AJU.lt tal L~CtJ ~ -', v11. ~ j110-,xJ1 " Address -<1< ~ ~ f{dUsl'fiM/ t?-70 ~7~~kL N~ "- . Address ~(~ :2~,~.QR/ 6{)/:&J~,jt ct(j€. k2';f~~rr Name Address 1/ Siy 1ft I(J- PL 0_ E~~'. ?f,Z /rt;V.~3J03jJ I Address RltiTh\ ~~' 11f-{<'Ljo~ o(f..1/wi KL'~ Name Address -\-~~\~~~%f. ~t,L l~~ 06 \.\-D-r lQ .~ Name Address I fF~?bV 4'~~ ~e ./ To Donate or Volunteer -- call 852-~ ~\O:> ~;<1 l30yvn~ ~~1 ,r-" I) \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ?1"1(.,"~'/ ?" S ,,-d I) C;"/.t J'ci fl/"N 7 Name /). t) (t I v-/L 21 f) (1 VL; 1~ !+ OJ- L/.)//~! ~ gj Address A" 'v7~ ~?1~ Name (-.J &w /vJ ()l~} Name . \. ,"\ \ y \j\y,t.~ \\ \ Q · c~ Name' 3(/'08 C:;:v, t' IJ 1", Address (; l (/ fLJ '! D Dc 7 :x),f -'It) . /'5.55'- Address _. 3 cS - 'I 5~ L ) Cj .~) ~ L01h Address ,'~~ LCeb ;At!€. ~~- 0703 Address Jtl, 'I ~ tZ. W"- Ip."J i/2fj Address' (J7J;?l ~ &h ddress c8, 5 2- r- ::t-' 7-!--< "7/8 ~ylQ/4 ~7.J-7e J77t-{e ~ Address To Donate or Volunteer -- call 852-~ ~\c, 7: ~,r.J..(...-l- Cc /17/'l1' >.s 'o";c,~r 8'5;;L - /<-1 (., 7' I~ \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largo/Tavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL S , '-tV fll.-'N7 S."h((')eA pr Name Pox ?1'1f-''-'? ~O{){) Ave. keyL~. -~ress l"t L~5L~. ~~ Address ~ ~ - --1~ t-~ 6L. ~- ~~.~ Address ~9t:;76 C\~(~><"> Ny Address pO.~ ~tj/:;; A~s ~ ~D t4<;-Z- ~vtelk1 ~V'66 Address ~1d-9t)SW 3 c:r f!~k Address J~3/7 f10.~ NIl/'~. / _ '.3761, Address ~ To Donate or Volunteer -- call 852-4918. 4&\~ '(; tr-J.t..-l- C()/11t71'>s"owe'~r J!S;;1'I'I(p <i 11 \ 5,,-1'1 fll.-IN7 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largo/Tavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL 1iJ~ kGtftrlAY Name ?1"1()N' ? 3' f g I7W ,--'1;1 ~ L:. ~)2...-7',1'b; ~dd~~L ,\ L0/~ C~/-J-/Fn ~r. Address Ctkwf'de 6: 4.1W Address JJ1lW~ T11\\ ~ ~ Address f/t} p t9'y If) 7/ 352.... S>Y<fC( . Address 2 (0 (cfcq (?j,lA-Gt K Address ~g( 6 S- (jje/~ J ~y f/'~d4 ^'<)- Address /0 Ikon (Jf-, /fw V fI-1I Kef La 10 Address To Donate or Volunteer -- ca1l852-~ ~\~ -r; ~. r-J.t--l- CIJ/11I71'S:.s /o,/e,-1S !S;l'I'Ir.. Cf ( ~ \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largo/Tavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL -liD. ~ O~ ~.3.$o3? Address lJ&Jed.*4 Ja,~7 Address () - -'" /pfj'-ftJ a A <lAft/ Address t1 ~ .~(./l~ ~~~51;2J9(J Address 0 Ci -~. :s CO,~/:;t/~/{;l},,;P/ ~ ~/... ,7';;'~, - _-LJJ '. ~ 6.t- Address To Donate or Volunteer -- ca1l852-~ ~\~ s , &:111 1>/2../1\/7 . /fJ ~71 N~e' ~,,/J,Y" ,'I / ,(" a e ?/"1(,"lr./ ~ 1-3 ~#-~(~ ~~h~. A dress )2N?tf 7 2 . /r.-<'{ jJ(f~"" Address sa~ ?/ld 25h IC L Address j35!J7 SQIO(? ?; ~,r-l- "'l- (! C /11r11' > 5 "0"/ e " $ !!.:)- ;L - I <f (., <t lq SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key Largo/Tavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL tI\oY\ \ CC &c\ ~ (0 Name \~ (' ~\ ~)\ \~\ Name" ') ~ Qive<tl. Na ' ~f\l\l ') ~'-!"::{\a rO Name f ~ / f3aJJ€A Name 6:n1 tuiftv vl. · \:boo_ (S~O K.L ' Address \Q) C~~~';~~ ,~ , K ~ . \sea O(OeQj'1 ~ ~~( * 58 Address 14- /-Irhl5cu5 Dr, K/L1 Address 41 r LnD.dtk f)(' _ Address c2/f ck// .JidU/ k Address W~th~~ r;,~ Name ~I 1530 o~^" BAy lJ~ 1<T201 Address To Donate or Volunteer -- call 852-4918 JO r f} t-ti ;L D#Al If'- L POW~ s.. Name be La Fe. Name :-, 5 t+ ()J tl-TT5 Name affbJ~ ame ,~~V~~~ Name ;- E(Vlcg ~ Name i];~A,J c9 (6v(t~ Name .);f{ el10J2- " h LA Name ~Aw-A <;~e-oG,!Q I us Name ~~lG y tu)~rrE:Y Nam~ _j Jl 8n~'/ Name 7/( S t~L7 .2?c k.L, Address ) 33 )1ttrj At).. Avef\ve Address tL l' -;7 &/H51? ~Rf1 s;- . Address KL . 6/J'A~~ )I ''"~)tS ~ ~c6~;L a- /~C Address d--C), y ;)'\.1 r2~ K L , ' Address !tJlf&/~dyP9~ f2-/l. Address (5~ fu'i 'b-- ~ve ti Address I~~ VCLlv/~ BLu'P, ~~C:;6 Address I 50 k 61 JhSH 71U2 . K~ L ~s G(, '(I ), la-~i:>r:. ~ Address ;;>e y L 0-'):) I H. \4'\~fJ~II~~ Address . To Donate or Volunteer -- call 852-4918 JI \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL S"N ~(~'E ~ Name 1fL./1\I 7 N r /-0-- f tA ~ame ? ~ 9n +----- Name ~ tJ l J i/fbJlo ,,~ lk ~5/Tg N;~ ~cI~ Name ~ Name' ~ 1 ;. i.;yIY/~ v Name r/",'IC",..i? JrJom3 CV~~ HWX kL Address <jr{~/t~J~ ~s/-~~r'7S- Address ~o LJvt2, f<'-",~Lzr~ Address 10<' ~,t~ I ~ ~ Address I (J/ <(l.) O/s rk-'-/ Address / ~O(q.3 II J> /:z:;,d ~ ~e (C;der"c er Address I f,...... C , ~'(-{Y7h 33 ~ ffij)q; Itrf ~ Address lfsl- 25tY2_ )/)I/ 6~{)ec;e ,~T Address ' To Donate or Volunteer -- ca1l852-~ ~\~ 7-; l r-S-"'l- Co /11m' > 5 'oucfir !f,S:;;", 1'-1 (., 1/ ;; ;)- \ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. /? /~~SMART-STA;:/,S:;L ~~ ~ "'VV' . 1(<,' /~ . 'fu,.. \ f~'Tl7r21A~~tf 2 Addressd-U~. Naj11e '=(-LL- Address , ___-7 Lu\C1.-ArJ <- f-,> ~\tl'.> C) s~ 11) ~J c; ,- :,D Name Address (JJl ~ Name -=K; thhCJ&-/' , Nam,e., . d ,/ /;/- / / --:7) N s , '-tV .~ jj..{s( 19L{-~ rl'1 (,"t ,...i ? td L-- -kyo ;broo~,Af ~ Address y~ B6~ /39 Lf-J/-37~ Address --) ~ 0 '-r J I'{- ~~ Address " To Donate or Volunteer -- ca1l852-~ ~\~ -;; lr-l-vl- (!O/17rl1'f;s,lo,./e/1,S !S;;L~I<-I(., <1 .-- ,,/ t:i-- ~ o \J ... i c Q) -0 en o o o o 0" o o ~.. CO (,I) Q) -.e c o o :z: Q) - o >- 'ti Q)' .... '0 ....a. ~I "'=8 ....c Q::~ ~j "'~ IV\ ....~ I Q:: ~ : ~_.. c I ~ 1 ..... a I -. Q) : ~ [ I 'E 1 4:: I S I ,. ------, ~Ci'o-I ~~CC;I ~ i!:i: ""i 1 a",NI i!:i: -g ~ 1 't: 'i= I OQ)al :E -0 \J a a I 1 3:": I ':;;'::'(,1)1 00(,1)1 o Q.(,I) :z: Q) ... 1 Co I ~Q)Q)I o en E co~; 1 Q) \J ... 1 .=cf S 1 .. >-1 c -cl == .,gl o Q) I g- ~ I C -5!- · Q)' ::1:1 . 1 . I I 1 1 1 . I . 1 I 1 1 1 I 1 1 1 1 . 1 I 1 I I I I . ... 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Z(/.) ~ ~~ U (/.)0- ~-~ ~H~(/.) ~~~ >CjOczi ~ti~~ ~~~~ ~~~~ o ~O Z8~o~ ><~~o~ ......."---~NZ >-'(/.)SO ~~~~~ 00 :-< -c:I)~('1');E ..~~dg~ ~H ~N~ ~~ :2~~ OOr-aNO~ -Cj~~~,~ (/.)r-a........U(/.):::> (/.)Z~Sg3~ ~~~S~~ o rT' (/.) (/.) ~ ~ Uti)~~(/.)O ~ ;$~~~ .. ~ t) >< S ~ ~ -'~ ot;~o~O Z ... o o ...... o C"') C"') ,- ...Q) Q)e 'c d ...> Q)o > e r ~e ... 0 ... o ...0 .!! N...o@) ~)(- N 0- C"')CIQC I -0 N .... LnOO .-0 ClOQ..O ..0.... 0__ ;='c cCE :z: l.&.. =e Q) ------------------ ll) ~ o ...r::l 0- ll) ~ \~ J" ~ , 0i ~ ~ ~ " \~: \~ '0 "'-;; .j ~ ell ell l . - ~ ~ ~ ~ '~ .~ ~ ;j "-> ::::N ~ ~ ~ ,..} ~ ~ i ~ 61 K:' . ... \ (/.) \ I .~ ~ I o U J I d~ Jun 19 00 09:27a Joan R. Mower~ (30~;1 451-6449 p.2 DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXI IAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MHILL MASTER PL/u"J AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE 1 IOTSPOT 'NITH FEMA 1\10NEY' Name: Address: Telephone: Ifl~~ /J(~ ;VI A ,V /) Q1/t?1L ! 1(__~)7 -.55 {J:3 /-, ,I . ;7 "". . /',/ // SIgnature ~/ {/~f l;, ~ / /' '. /CL/' ~---- L "'--'- . '. ./../'" .. ._,-~- I COivf.\lFNT' J~/"c.f C~~-€ ~~L-Yp/C?'!J<Jt~r::-e~ -d..~ ( __ ,i~~~:r}/r:..Cf ~ ae?-ot:A..::r J(J,.. Om /ZCr}?U2-4. .t~ar~7dJ,"-</-Q..b~ I ' '/ ;-11' ',- - +-:- /;;/ ,., /::z::f' ':;":-r~/(..;;:Q~r' /<,vO ~. ;;b~~ ,:.fz7t-'-Z:.n.e:/~~~-~ (.) ,,/ f ,.~,~~f(j~ tJ'()_~6U~d14 ~_~.' .>-.-{~1~-- / }~e<-r C/?,-b'?. 61 t...Q,~ - ;:tL.-.~ ~u!-1td {ra... ,'" ( " l/. I, J<....;;.A':(./, ,-' '4 <' "/ '/ ...A!?., :1- ,If . ~ 1J ; / f:,c\ \ q.1Is'r'() R E"I'l TP' 1 '1" ,0 T'r' :g..; ........~ / /('i,7 " ", 'J ., 1 .. " 1.:'.1' > d " 1 \,. .I .. t Wiltll'{;nir;d Har\i::Y' fax 305-292,.3466 1 he Book:-~ook ~/ Nora Wil!lams LiX' ;05 :2~q-(d'<) vVaIdorf Plaza (mm 100) \ [lll \ i~. j\ Reich fax 852..7162 Key Largo George 1\tug';~lF fax, 3J5-872JJ195 ';;;-!irl~\ F r(>~>m:F~ fax 305-:7 "1: , , " \ \-v'}\JL- ).,,~ R~5F'~1>\SE''\,TEED Tfl IlF RECEI\'ED ~O LATER TH,\N j,i~H -....-.--..---..---- ",- -..-- DO Y()tJ KN()\\, ]'HF: NF:W' KEY I...;APGO S~=\\/ER WILIJ CCS'l' ~jl()l:. ()VER $50 PER MON'TH. ()'VTER $600 PFJ{ \;~~AR; () \'ER $ 'J 3~OOO l~ .4! Jl.Js 'l~IHAT YOU' HA\TE T() fJi\Y. ~~_.. I." _ ....... .''''~'\I~_IOaJ ,W_"..'n.Ol..'..,~..-~...,~CI<._.....,.,... SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL v~~~ Name ~. tt.~ me ~~~ Name (7 /1 \_i ~1-~~)> J-+-t)~ Name Name Ie A-+l""\:IL j,L'l <l lC~ Lt..Jo Address 1f.c; Qt,Cc'PtJC I~ Address t:e II (~re~ r, : Y ~'<x5?7 I 63 z.J~_~r~~n:- A . Address -.:rr l't~ ~ Address 7? ~~ ~ Address 4C' .Jell !/{, ~i , Address ~r1c9 {JdWY'tq 04 ,If U Add ress Address To Donate or Volunteer -- call 852-49+8-40\'1 SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL ~J~:. ~_ Name - in o-A, L\JJk Name _ ~ F /{e.-, 4 {0/ iu 1 Na - r0;:y / /,- C 1~'(D\ C~:~~, a~ Address I e> Lj]oo ()lIf vi' eo..5 NAY _y, Address ( S'dO .k -1"~D ' Address ( / / If '[, (' .rU,(t1\ ,i~<(0/<<- /~ I ;"ft(l Address 3~~ ~1i~~Jfr7JI1(~/'-:Kt~ )~ Address ~. 911 () 3 k-J8 Ib {; 'J>r.,. f<;gu Lfi4l- {I Address {!' / / ,p'cf /3>,r..f / (j f) - kl/~ t(1!73 ,// L/ Address r~ O/:> ",;:1 flu- v IJJ -31 !tit J.-" Address / I To Donate or Volunteer -- call 852-4-9-ffi -cC\~\C) SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL Yk4J ~ Name Name I5cavdP/~ ~'OJ~ ~~ b Name j<JH ~ Name 26::J.so 15tl, ~ k1; Address ~/ '& ~+ ~f~t\ Cc.c.yJ. Address , / 0 /~ ;Sov/UootJ if) ree Address dCJ7 5>f:~VJ ~. Address ~97.~~~~ 4. Address ~;l9~ )GL Address IaJf 6J6w.- U Address ~~7 J/-~ !k/lJ.A,.5 k L Add ress To Donate or Volunteer -- call 852-49t8-Lt'bV/ 0AlaJN'^~~AA l Name ~~M(}^^, Name C~l~O~"~ A~ ~CV~ Name c:l ?71<6 6JJ~\a A \J'~--, Address \0 A-\ la0-i-; L \s>\v ~ - Address Jos (Y flw.. - Address r~Mvr{ r\W, (~7 Address ~b [Nt:. ~ K:.#L. Address Yo. ~~lC ~d\k ;<E~ LAR.c;o Address l (? 0, B "'f "3 d- \:;t.. \.- --fJ - . /" Address 12.. POlrhl/L ~~ c)) 9,(:)6. r~l ~yc&<-&() Address C[;:JOd- OLe, /J (~,,>.? k L Fe- 330~ '7 Addr ss C /fJ I' j() ?P'), !li7 -;"03 r Address 2.2- {2o~T q 3>303{ Address ,((.e)'? Z I q ?_Vl A ~ ')] () ) '7 Address To Donate or Volunteer -- call 852-49-1--8 ~\~ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 Ogden central sewer contract. BE SMART- START SMALL To Donate or Volunteer -- call 852-49t&- ~ ,l Name 'fV\CLv*~~ (Ju ~/ I? r>--- 1-1~()3 of '+0 ' iJ ~ · Addr ss 0 -CG-~ C~'~r / t ,; U~0L) Addr ss (5 7<J;~.u aVE, ky j~ Address SfJ015~~1~FL Address 'i ~~/r. k I!~ kgo Address <1l2CoO at,') I+u/~/ Address JJI E~fi1-)/ ::;1. ;{'1 ).Vv~ Ad ress j}t . '. ~k~~~ Name r,Au L :; M 0 "'-..l [ c: tL- Name ~lJ~ Name w~ Name c)j~'V~~\~~AJ~CJ~ Name t ( {(ob~+- ~A- k~ ~ Address (9 M.I.~ f-1E L !?ei LA1>~ Address r 0 I G (J7J 0 if ~ fxfw~jFC5J Address l ot & ()l) 0 If ~ W-W':JffC S-3 Address 1o~ ]JR-- 11112~t- nil- A ress rye:> oceGVV\ ~~vv\j P+2- \ VL. ~<::'i LCA..~ 1 C1 Address . / >[0 Dd",f--( C4 tf' (;;;ve/21V-t~ I Address ~ -;:r 3S- J{~~t:)K~, Address -- ' qJfJ().or[J~-I~-.S !~- I ~ ~~ss fl h AJ1LL 0- !4rhtb,ZJ Ad ress C)tJO Shew Dr ~ rCYJO Address J..tJ1_~-ft"~r '/?-to ddress OV' To Donate or Volunteer -- call 852-49t8~~\C) ~~ .~"'_~'M'",!, .~~....,.; ..~. ,'r- .. ". '.~." ..,....o;"JI<...~JV....:,... -:.... "" "'->- .- ~"...' W'~.;.'~'.; __, ..;....~_.. .;";'.'.. _ _ .....-'..... ;..!'......:-..'"......_J._.. .;" ~"'';' ',.....,.,. "--,,,:'~""".....,'-", "". ,'--".'.,'_._-...",'~,.,",'. ws'-P;'-. We wi' have cent;aI Ie" onKt)'1.Irgo. No mcnsleeplnfl. YOUwillSOOll wake up to an island ripped apart by heall)' macItinery and to a huge sewerbll. Now is tile time to contact your County CommissIoner 8IId telltIIem we. want to be smart and stall small. EvtIJOIII OIIt1tis island who doesn't want this to happen ..., attend tile IOCC mseting 011 June .28, at 5 pm at Key'LaIgo1ibraly. Doomsday is here! .-------------~----------------------------~ I I I I I I I I I ! Dear Commissioner: Stop sewer negotiations. Do not approve the Ogden contract. Exhaust all avenues of outside funding first. Have workshops to understand CH2MHILL Master Plan and options available. Stick to State statutes for 2003 and 2010 deadlines. Stick to workplan and do one hotspot with FE1vlA money! , Name ---c: ". f 7On't?L f)O b I, ~ Address -p 0, ?; K 7!? 7 f;L ~o F4 Telephone 30.0 _ 0/- 6 / ~ :; I. n'J Comment: ~ fJI'e about 80. tXJ() li'U,;/eI(~~' IIHNIJ, lir aitJat I I -~ Jq tW MMU-, [)dM 4'f!".re .fU-1i1ac?- upect ~ to ftll j.. tie , ~~~ 3, OO~ 000 t(J<<JI'I:rt~ QI(I(<<o.l".I,I,I? Tk,~ /fIt t7f/.I" ~tr-t~ dH.. a,(J~ ga<< ~I Ld ~ir /XlIi FAX THIS TO: RETURN THIS TO: Wilhelmina Harvey: fax: 305-292-3466 The Book Nook Nora Williams: fax 305-289-6306 Waldorf Plaza (mmlOO) MaryKay Reich: fax: 305-852-7162 Key Largo George Neugent: fax: 305-872-9195 Shirley Freeman: fax 305-292-3577 -----------_._-------- RESPONSES MUST BE IN NO LA TER THAN JUNE 28th!! DO YOU KNOW THE NEW KEY LAllGO SEWER WILL COST YOU OVER $5tJ PER MON7'H. · OVER_ PER YEAR; OVER$13,QtlD IN ALL THAT YOU HAVE TO PAY r- - - - - - -I I ~ I Z Z ~, I~. 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Q.Q. s:wn (D=- 0.0 tIl 0 """"Vl o (D = = O"'tIl ~ = Vl 0 2.:s o 0 == ""'I ~~ ~ 0 '""I = ~ 53 == ~ ~ s:w~ PJ ~ = 3 = 0 (i)~l""t- C/l l-i. ~ --(D(D g.~ l""t- -.. l""t- ~==- o 0 _. :::Sl""t-tIl mo~ 9:=0 8" _. s:w ~ = -. ~"'O &..00 ~, e n' ~ (D (i)~_ (i) Q.~ ~ol""t- ~ = (D (i) ~ ~~~ > "'0 =- ;:;;.. 0 -. PJ~Vl ~ <:< """. ~ (D tIl ~~~ o o ::r: (i) ~ (i) -, C/l ~ PJ n l""'t- ~ 0 =9- f""t (t) "'"t ~ ~ C/l .....PJ 'fr.l ~ ~ (t) ~ C/l <;~ ~ -. "'"t :::s 1(jQ ~~ ~ no... o s:: a;:: r;n ~::r' ~ (t) ~ = (') '< 3 0 f""t '"0 =- PJ ,..... ~~ ~ =-9- ~ ~ PJ ~ fr.l l""'t- -. = C/l ~O" <~. 0 ~:::s ::1 "'"tC1Cl 0-(') =0", """.:::s \.., ;~~ ~ n (i) ~o.. a8" "'"to" ~ s:: ..... -. fr.l- ~o.. ~ ~ ~~ ~oo ~ b 8 b 8 \ ~tP'k ~ol)~ SEWER $ $ $ $ $ DON'T LET ANYONE MORTGAGE YOUR AND YOUR CHILDREN'S FUTURE Petition to your County Commissioners: We, the people of Key LargolTavernier, urge you to first pursue a small, mostly State-Federal funded sewer project. Vote NO on the $83,000,000 69~ sew-er--eontract. BE SMART- START SMALL J 0ge /l {j-rf'LB!Cd Narhe 10Zf,n (;(J~'errGL Name 3-:;;~ fJ1ajk;{1,^</ oJt<J Ja(q() Address / (J ~~ l/~I ~r.t1/'~1' 6&cu:.dC'J Name ~{O- ~'/d ~~/Z ~ IS IuD Y ,pl, k, laYJ'O Address 'Z2 5h~S(i)E</ ,4101-1- fY ! _Qt J 0 Adaress <~aS L~-tlr~~J<71 Address - - OCJ ~ J <'/IJ ~ (r,! /11'1 (. '!Y d fZ--.,. Addr ss I ? (:rver fL ~J' uytcc Addre s 7/ )-t.,/?'J fc. /&:/Cy t'/1"I<Cc AddresS / J 9;r)~k7~ Address ? v MJ(. ::lGNA! {3p((.{c-; Name Svf 13~0l1<: v / Name &triiliLf( () ,t/lrOUlf Name To Donate or Volunteer -- ca1l852-~ ~\~ ,..---- I I ZZ ~ ~ I 3 3 (b (b .. .. I .. I , I " I '"Tl : ~ : I 0 _ . o~: I "O~. 001: . ::::i5 t;-J : I III t,.l: : r: N . ~~ : I ::t ::r!';J : tTllllo: It'"" t:l:l.... . '"1j 0 s: : Z8..lll: ItTlr-=: tTlZ_. og~: . IgJ::o;-:-o: .. ---- 0 . -<:<,. . , 10 ~ t:l:l : c::s;o: . l;:z:lo><: """'t Q"l. . ~.....,O\ > > I g: ~.o 0.. 0.. tTl N ~ 0.. 0.. 10~ < "'"I "'"I ;:z:l.. 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P"o ~::3 o::r' 6 ~ 0'"0 g."'"l ('I) 0 ~ 6 Iz tI.l -, o 0 ~ "'TjS:::p" ('I) M s::: p,,('I)tI.l ('I) tI.l ~. ~ a(')Q g3~ ::36~ ('I) _,tI.l ~tI.lf""l' tI.l ga, ::r' ~o~ "'"l ::3 _. ~~;:; ('I) :E ('I) ~ _.::3 t'""'4E?::t $:lJ $:lJ $:lJ ~6- ~tI.l~ ,- ::3 ~ o ('I) ~ ~ ~~ tI.l ~ $:lJp" p" -. -. p" ~n ('I) 0 (ti 6 ::3 ('I) f""I'~ "2.g. $:lJ ('I) ::3~ I ~ o s::: - p" 0'" ('I) t:j o z ... ~ ~ t'11 ~ .> z ~ o Z t'11 s: o ~ o > o t'11 ~ o c ~ > z t:j c5 c ~ n :J:: ~ ~ t:j ~ t'11 Z ... U'J "'Tj C ~ C ~ r.n m ~ ~ ~ ~ ~ ~ ~ ~ i Dear Commissioner: : Stop sewer negotiations. Do not approve the Ogden I contract Exhaust all. avenues of outside funding first I Have workshops to understand CH2MHILL Master r Plan and options available. Stick to State statutes for r 2003 and 2010 deadlines. Stick to workplan and do one I hotspot with FEMA money!' I : Name </ I'-(~ :.(Z::;-. /~ ~~' I l ! Address ,;4 /. 0 C.iL4_~ ~-;:y ,J],' _ I Telephone ')t j-/ .- s ? 'Z. cY _ I 1 Comment: ~tJ/'e_tlJ()JmI'eofKkrtr~ ~1fI.f_t I Jo,tW_IJIIe.f~~<<jtUtu.ftu~f",.tk I, ~of ~ ~ ()()() ttJ~/:rt.f Q~~<<Q'''///? I ~f.e~t_~tJ/'etl~.fflAr;'1 /etl4r~ : FAX THIS TO: RETURN THIS TO: : Wilhelmina Harvey: fax: 305-292-3466 The Book Nook I Nora Williams: fax 305-289-6306 Waldorf Plaza (mrnI00) I Mary Kay Reich: fax: 305-852-7162 Key Largo I I George Neugent: fax: 305-872-9195 : Shirley Freeman: fax 305-292-3577 L_____________________ --------.----------------------.. DO YOU KNOW 'HIt NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. '. $600 PER YEAR; O. $13,000 IN AU THAT YOU HAVE TO PAY Thanks for saying "I saw it in the Independent" It's gOlllla happen. We will have central sewens on Key Largo. No more sleeping. You will soon wake up to an island ripped apart by heavy machinery and to, a huge sewer bill. Now is the tine to contact lUll' CcuIIy Commissioner and tell them we want to be SIfJBI't and start small. EW!I)'One CIII this island who doesn't want". to happen must attend the BOCC meeting CIII.IvIe 28, at 5"" at Key LaIgo Libraty. Doomsday is bete! ~------------------------------------------~ I I I , I I I I I I I , I I I I , , I I I I I "'7/""\~' -t ""--:i: ~"Z' ./f' c::- , Telephone v....-v - 70"J - "";--r<::.1 I : Comment: fk.e - ak.tlJ() W 1"&fKbt.r"~, t'';''/,f~ l,fabd<<t I .1 1 tr I Jo,W-e.r. !)oe.r~~~fl.f'tQ~lVl'-tk I ~uf J, ~ 000 t(J~/d-t.f Q~~~QI"///? I 7k,,1'e~Qt_~_t(~.ffllr4'/let_~ : FAX THIS TO: RETURN THIS TO: I Wilhelmina Harvey: fax: 305-292-3466 The Book Nook : Nora Williams: fax 305-289-6306 Waldorf Plaza (mml00) : Mary Kay Reich: fax: 305-852-7162 Key Largo I I George Neugent: fax: 305-872-9195 : Shirley Freeman: fax 305-292-3577 L_____________________ Dear Commissioner: Stop sewer negotiations, 00 not approve the Ogden contract. Exhaust all avenues of outside funding first. Have workshops to understand CH2MHILL Master Plan and options available. Stick to State statutes for 2003 and 2010 deadlines. Stick to workplan and do one hotspot with FEMA money! Name (Jp'T ~C- 'It:) 1-1 WO" J</..E:.: Address 2..10 W. ! ;3 r:.. Or: DO YOU KNOW ". NEW KEY LARGo SEWER WIll COST YOU OVER $50 PER MONTH. OVER $600 PER YEAR; OVER $13,000 IN AU JJlAT YOU HAVE TO PAY Thanks for saying "I saw it in the Independent" -.?', ~ It's gonna happen. We will have central sewers on Key Largo. No more sleeping. , You will soon wake up to an island ripped apatf by heavy machinery anti to a huge sewer bill. Now is tile tine to contact your CcuIty Commissioner and tell tIIem we want to be smart and start smaIL Evetyone, on fllis island who doesn't want this to happen must attend tile IOCC meeting on June 28, at 5 pm at Key Largo Library. Doomsday is here! ~------------------------------------------~ I D' C .. I ear ommlSSloner: I Stop sewer negotiations. Do not approve the Ogden . I contract. Exhaust all avenues of outside funding first. I ,Have workshops to understand CH2MHILL Master . Plan and options available. Stick to State statutes for 2003 and 2010 deadlines. Stick to workplan and do one hotspot with FEMA money! Name JOSIE rrJi. H. ~/'}vCJL d Address J~3S-1/.#L"€>>C-/iJL U. Telephone 3o.s-- 'I S-I- ~ J s- 6 Comment: ~ tJH abou.t 80 lW ~/f/eI(t.r ~ tv-litOlIIr aboat J J " J~ tt\? kol1fu. (}ou tJKF/(e .feI"1Da.f(, e.tI~t fJJf to ;al, ~ tk ~~of ~ OO~ 000 to(U6,/;,t.r al(l(<<al".~~/? TJe,~ /(ot tkJ/" ~t~ tJH t/(/(e~ S'QI1f ~I Let kniK ;aI-I FAX THIS TO: RETURN THIS TO: Wilhelmina Harvey: fax: 305-292-3466 The Book Nook Nora Williams: fax 305-289-6306 Waldorf Plaza (mm100) Mary Kay Reich: fax: 305-852-7162 Key Largo George Neugent: fax: 305-872-9195 Shirley Freeman: fax 305-292-3577 ---------...------------- RESPONSES MUST BE IN NO LA TER THAN JUNE 28th!! I. I I I I I I I DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. 'OVER $6OD PER YEAR; OVEII $13,000 IN ALL THAT YOU HAVE TO PAY: Thanks for saying "I saw it in the Independent" ~.. -' , ,t's gonna happen., We will have central sewers on Key Largo. No more sleeping. .f. will soon wake up to an island ripped apart by lllaVV machinery and to a huge sewer bill. "'is'the time to contact your County Commissioner Ind , tell them we want to be smart and start small. ..,...... tIis island who doesn't want this to happen must attend lie 'ICJCC meeting on June 28, at 5 pm at Key Largo Library. Doomsday is here! -------------------------------------------~ . . I ..Dear Commissioner: I I Stop sewer negotiations. Do not approve the Ogden I '1 I I "contract, Exhaust all avenues of outside funding first. I , , Have workshops to understand CH2MHILL Master I ,Plan and options available. Stick to State statutes for I I 2003 and 2010 deadlines. Stick to workplan and do one I I,hot~pot with FEMA money! I I .NaDle . ':G hnt.- L l).; rn ~ : . I. Address Jv?J l /Jv~~ la71a.-- I 1 Telephone tfr;-I- 32.J51 ! I I I ComDlent: ~ an about lJO/XJO l'eCir/urtr ~ !nHirj lir about I 1 ~(XJ()~. (}oe.fMjDII"~~tuKto~p,.tb 1 I .~". 31000,000 tQ~/~tc (J./(I(<<allf// I? I ! Titt;"'1(It IIfJI> ~ an tf,d" tll/lr~! Let kittr jJO!! 1 IFAX.nns TO: RETURN THIS TO: I 1.1 Wilhelmina Harvey: fax: 305-292-3466 The Book Nook I .1~NQraWilliams: fax 305-289-6306 Waldorf Plaza (mm100) I I Jifal'yI<ay Reich: fax: 305-852-7162 Key Largo I J" ''": ." ',' ' 'fGeorgeNeugent: fax: 305-872-9195 I Shirley Freeman: fax 305-292-3577 - ~--~~----------------- RESPONSES MUST BE IN NO LA TER THAN JUNE 28th!! . DO YOU KNOW 1JIl_1IY LARGO SEWER W'LL COST YOU OVER $50 PER MONTH. .'.JtEII YEAR; OVER $13,000 IN ALL THAT YOU HAVE TO PAY Thanks for saying "I saw it in the Independenr' '~" c1,T' ~ ;-.....'... - Ifs sonna happen. We will have centlal sewers on Key Largo. No more sleeping. You will soon wake up to an island ripped apart by heavy machinery and to a huge sewer bill. Now is the time to contact your County Commissioner and tell them we want to be smart anti start small. Everyone on this islandwllo doesn't want this to happen must attend the IOCC meeting on June 28, at 5 pm at Key Largo Ubrary. Doomsday is here! ~------------------------------------------~ Dear Commissioner: Stop sewer negotiations. Do not approve the Ogden contract. Exhaust all avenues of outside funding first. Have workshops to understand CH2MHILL Master Plan and options available. Stick to State statutes for 2003 and 2010 deadlines. Stick to workplan and do one hotspot w}th, FEMf foney! . _ "\ Name 1 ~'/lJC. /79 ,u Addre K'Sj c/lctJ be; ;t:ct 4?tf 0 Telephone L3 d S) -rS I-s If C, 7 ./ , Comment: T~ ore aboat 8~ ~ fl,C1;/urtf ~ tiJ.lir! lit abtJat J~ ~ M/I(~. ()tJeAf ~I(e .f~/OaJ'(, ~;eet aJ' to;al /01" tk .fW~ of 3, 000, 000 t()<<JI'I:r~ al(l(<<al",~~/? Tkj~ I(ot (JafI' ~~~kj ore <<I(ete gQ/l( ~I Let!HiIt ;aI-I FAX THIS TO: RETURN THIS TO: Wilhelmina Harvey: fax: 305-292-3466 The Book Nook Nora Williams: fax 305-289-6306 Waldorf Plaza (mm100) Mary Kay Reich: fax: 305-852-7162 Key Largo George Neugent: fax: 305-872-9195 Shirley Freeman: fax 305-292-3577 RESPONSES MUST BE IN NO LA TER THAN JUNE 28th!! --------------------- DO YOU KNOW THE NEW KEY LARGO SEWER WILL COST YOU OVER $50 PER MONTH. OVER $600 PER YEAR; OVER $13,000 IN ALL THAT YOUHA VE TO PAY I ----- -, ~ z z ~ I ~ ~ 3 3 9- I (b (b (b ~. ~ I ~~ g I ~ f<..~' : 0 'E.. ~~ tIl (b ~~ ~ ~ I ~~: ~ ~ I ~. . ~ (b o - ~ :~ 1-1 ~ I ....0 0:. :.. 0_ .. ~. ""'-. L . I ~~:;:.~ ~ ~ I en ~ t;'J tz"I""', r-t' ~ (b I $ll t;.l . ..: (\ 0 I::: ~~~. \~, &~ I p. l::c =-!';J : ~ l""'t ~ l::.. m~O."::l <: .... It'"' o:l....., .~ (b (b _. '"Oo:;;.or ~ >-71-1 I tIl Z 0 .$.,.: : ~::: ~ !::! I gj ~ ~ ~ : ~~. m I ~ o g Sl:: ~ ". I ~ "":'T': : ::: s:: r.J:J I ~ .. --- o. . l::.. 1-1 ~ ,...... 0<: ~. . . .... t)Q \,I~ lo~o:l: : (b(b I (b ~ g: ~: . -{iA.~ ~ S '~::4,Q\: . ~ 0 '""'31 ~ ~'"Og>> ~ s:: I 0 1m ~~ p. ~ 0 S r^' s:: o $ll PJ" p. t:f' 0 ...1.1 1-1 I~~ (iJ (ti (b ~O::n ~ I ("') ~oa tIl tIl o~ "" 0 I~ ::; (D' ~ ~ 0 l""'t' ~ I E -{,j9.~:':l: : o~ 'A .... l' ~ Q: : 0 ~ r.J:J1 ~ ~~ ~ .~ ~ t)Q tIl 3: ("') I~ 0 ~ " ~ ~ s:: >- I 0 oo.g :::.:' ~ ::: (b ~ 3 I~ ~ 8 :{.. ~ n ~ t""" I 3 1'iJ,-.,.". ~ '" tIl _. J:,. ~ 0.. :" : I '" !::! tIl I 00 $ll Q :1' :::t.. g ~ I~. ,- 0.. 0...: . 1-1 - 0 I~~~: ;...,.~.p I::: _. @ ~. .'3 (b :;:, - tJ ~ tIl 3 1-1 I ~ ~ :R, p ~ ~ I ~ I ~ g ~.:~ ~ ~ I ""<:'.,,^ ~ -:::'$ll:}-' n I b~'~oen I . ~ :i\~ g ~ I r"':' ~ (b I . n I I :~ r-t' ~ I .... p. I : ~ ~ I I : ~ ~ : It ~ I . ? I ~ 2. I I \N 2.. I I ~ I ~-- I I I I I I I .. t""" (b l""'t tIl~ ::n 1-1 tIl l""'t ~ l""'t Q s:: ~ ~ ~ ::: l""'t (b (b p. en S l""'t (b I ~ P. (b ~ ~ ~ ~ ::: p. _. ~ 0'" (b ~ 1-1 (b n o ::: tIl _. P. (b 1-1 _. ::: t)Q I~ tIl (b ~ (b 1-1 ~ 1-1 o --.. (b n l""'t tIl t:l o ::: ~ 0'" (b ~ _. (b <: (b ~ en::: (b~ ::s~ ~ 1-1 l""'to ~ S _. ~ tIl ::: (b p., tIl _.~ ~O'" tIl 0 ::: s:: o l""'t l""'t? ~ ::: (be: ::: ::: _. t)Q ::s l""'t~ 1-1 0 8.3 S::l""'t n::r' 2..(b ~-{iA. l""'tN l""'t ~ ::r't.N _. tIl 3 ~:::.: o=:: -'0 g::: '0 -'(b ~s:: tIll""'t tIl tIl l""'tn :::':::r' ~O'" ~:::.: 1-1:-' ~m 3 ;:g ~ ::: (b _. ~"""":l ~_. -'l""'t ~~ (b ~ (b l""'t o ~ ~ tIl tIl l""'t ::r' (b ""1 ::r' (b ("') o s:: 6J::: c1a~ (b("') ~o 3 ~3 ::: _. p.tIl ~ ~. P.o ~::: O::r' 3 ~ o~ l::..~ .... 0 ~ 3 /z tIl -. o 0 ~ ~E;p. (b n s:: p.(btll (b tIl ~. ':'I':l ~("')Q @S~ ::S3~ (b _.tIl ~tIll""'t tIl ~.::r' ~g~ 1-1 (b _. ~1-1"""":l (b ~ @ ~ _.::: t"""Sq ~ ~ ~ cia 3;" o tIl (b .- ::: ~ o (b ~ ~ ::r'~ ~ --... tIl (b 1-1 ~p. P. _. _. p. :;Sn (b 0 (ti 3 ::: (b l""'t ~ 'E..9- ~ (b :::~ I ~ o s:: ~ P. 0'" ~ o o z .. ~ ~ ~ > ~ Z m s:: o ~ ~ CJ m (j e ~ > Z o (j e ~ n :c 1-04 ~ o ~ m Z .. r.J:J ~ e ~ e ~ tr:1 tJ) m ~ ~ ~ ~ ~ ~ ~ ~ -------------------------------------------~ I D r I ear Commissioner: I . I Stop sewer negotiations. Do not approve the Ogden : I contract. Exhaust all avenues of outside funding first. : : Have workshops to understand CH2MHILL Master : : Plan and options available. Stick to State statutes for I I 2003 and 2010 deadlines. Stick to workplan and do one I I hotspot with FEMA money! I ~ Name .~ f'>.-\u /~ "'. \ <: I I Address 1..1 50 \<,UVVI to: LI'-, "-, ,=-_ v", '( L/'..t<c,,, I I Telephone LI y \ - 0 7 0 ':1 I I Comment: ~fl/'e.akat30JXt)~tr~ IN.tirf1irakat ; So, tW kre.r. ()1Ie.J' ~~~t (I,f t41'1f./rJ,. tie : ~i ~ ~ ()()() tl~/:rt.r QI(I(RQ'I".I//? I ~f.e~t -~fI/'e. tf~S'4fr k/ Let kw fHJ?/ ~ FAXTHIS TO: RETURN THIS TO: ~ Wilhelmina Harvey: fax: 305-292-3466 The Book Nook : Nora Williams: fax 305-289-6306 Waldorf Plaza (mmlOO) : Mary Kay Reich: fax: 305-852-7162 Key Largo I I George Neugent: fax: 305-872-9195 : Shirley Freeman: fax 305-292-3577 L_____________________ DO YOU KNOW THE NEW KEY LARGo SEWER WIll COST YOU OVER $50 PSI MONTH. OVER $600 PSI YEAR; OVER $13,000 IN AU THAT YOU HAVE TO PAY Thanks for saying "I saw it in the Independent" - - - - -~.~- .,_.~,~- - - - - - - - - .. I JlE SMART -.START SMALL . J We, the people of Key LargolTavernier, urge you. I to first pursue a small, mostly State-Federal fundedl I sewer project. Vote NO on the $83,000,000 Ogden I I central sewer contract. I : Ih~"3swsr /u36!;o ~1fW&t:cy411<.ao, : . Name Address I . I I I I . Name Address . I Fax to: 852-3242; or Drop off at: The Book Nook I I Mail to: P.O. Box 660, Tavernier; (Waldorf Plaza); or I I or Package Depot I E-mail to: (Tradewinds Plaza) '. dordall@terranova.net Help needed: Your time or $$$ _ . I call 852-4819. I ~------------------_. . - - - - - - - '-_"''fIIII'_ _ _ _ _ _ _ _ _ , , BE SMART - START SMALL I , We, the people of Key Largoffavernier, urge you' 'to first pursue a small, mostly State-Federal funded' 'sewer project. Vote NO on the $83,000,000 Ogden' , central sewer contract. I , ..--( () ~ I I~t-J 2)eu~ l~" LCfJb l(t='(. Ko , I Name Address , 'f{~lif"Sl?iJ~ l~(, lotJG \<:\:?i-''i2D ' , I I Name Address , I Fax to: 852-3242; or Drop off at: The Book Nook , , Mail to: P.O. Box 660, Tavernier; (Waldorf Plaza); or , , or Package Depot , E-mail to: (Tradewinds Plaza) I dordall@terranova.net Help needed: Your time or $$$ _ , , call 852-4819. , ._------------------~ 1 ~-----------------------___________________~ : Dear Commissioner: : : Stop sewer negotiations. Do not approve the Ogden : I contract. Exhaust all avenues of outside funding first. I I Have workshops to understand CH2MHILL Master : r Plan and options available. Stick to State statutes for r 2003 and 2010 deadlines. Stick to workplan and do one I hotspot with FEMA money! ! Name I2d/fkA/J de /t"/'1/4. ('OLe: I r Address .-QC; ,)e/JSi~e-IJI/i.r, /0- y LA-~o I . / ( r Telephone :30.5~-:"Ys/3 -S-Y~? I ; Comment: T~tJ/4'eaboat8~()()()l"eClturtf~ tiHirj/irabtJat I r J~ ()()() M/I(~. f)fIe.f ~I(e 1f~/;'aJ'(, ~~t aJ' to ;allol" tk I ~uf ~ ~ ()O() (OQ/4't.r II(I(<<II'I///? : Tkrtf.e.I(Q( 6flI< ~_ <<1rO~ S'aw ~/ Let k.8r/H'f./ : FAX THIS TO: RETURN THIS TO: : Wilhelmina Harvey: fax: 305-292-3466 The Book Nook : Nora Williams: fax 305-289-6306 Waldorf Plaza (mmlOO) : Mary Kay Reich: fax: 305-852-7162 Key Largo I I George Neugent: fax: 305-872-9195 I . ., Shirley Freeman: fax 305-292-3577 L_____________________ RESPONSES MUST BE IN NO LA TER THAN JUNE 28th!! I \CD~C 3 c.)( , c =-_ -. ... 0 '=0.. \ 0 .." CD 'CL.o~ '0 0 . ... 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V",/ COMMENT: Address: IZ--rAi1<f PL, Telephone: i-fr3 ~ ()~cJ3 FAX TIllS TO: Wilhelmina Harvey: fax: 305-292-3466 Nora Williams: fax: 305-289-6306 Mary Kay Reich: fax: 852-7162 George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RETURN TIllS TO: The Book Nook Waldorf Plaza (mm 100) Key Largo RESPONSES NEED TO BE RECEIVED NO LATER 1HAN MAY 16TH DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MHILL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! Name: y\\\\ \~'-lY\~ \ Si~~_ COMMENT: Address: l~ ~E- ~ ~ Telephone: .~ FAX THIS TO: Wilhelmina Harvey: fax: 305-292-3466 Nora Williams: fax: 305-289-6306 Mary Kay Reich: fax: 852-7162 George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RETURN THIS TO: The Book Nook Waldorf Plaza (mm 100) Key Largo RESPONSES NEED TO BE RECEIVED NO LATER 1HAN MAY 16TH DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MHlLL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! Name: Address: Telephone: ~~6>,vc!/r:;kl!A:; h::7 8u~>>/..Ncs>P IIv'- key L4f~ Signature~ ~ IlL- COMMENT: FAX TIllS TO: Wilhelmina Harvey: fax: 305-292-3466 Nora Williams: fax: 305-289-6306 Mary Kay Reich: fax: 852-7162 George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RETURN TIllS TO: The Book Nook Waldorf Plaza (mm 100) Key Largo RESPONSES NEED TO BE RECEIVED NO LATER THAN MAY 16TH DEAR COMMISSIONER: STOP SEWER NEGOTIATIONS. DO NOT APPROVE THE OGDEN CONTRACT. EXHAUST ALL AVENUES OF OUTSIDE FUNDING FIRST. HAVE WORKSHOPS TO UNDERSTAND CH2MHILL MASTER PLAN AND OPTIONS AVAILABLE. STICK TO STATE STATUES FOR 2003 AND 2010 DEADLINES. STICK TO WORKPLAN AND DO ONE HOTSPOT WITH FEMA MONEY! Address: Telephone: COMMENT: FAX TIllS TO: Wilhelmina Harvey: fax: 305-292-3466 Nora Williams: fax: 305-289-6306 Mary Kay Reich: fax: 852-7162 George Neugent: fax: 305-872-9195 Shirley Freeman: fax: 305-292-3577 RETURN TIllS TO: The Book Nook Waldorf Plaza (mm 100) Key Largo RESPONSES NEED TO BE RECEIVED NO LATER TIIAN MAY 16TH :;J ~ ~ a- ""i ~ S. CC) ;:;,. s. s (D so' i i ~ cs- ~e: .g~ ~~ 1::1 ~. ~~~ ~~ o ....; <:00' o I";" e-z:-O =89 N~tt1 '< ~ ~ ge!.O\ '"'8'g f?~~ ~~~ o ~ ti ~eg ~~. ~. ~~~., I ~ "rJ> (');;pwQ.. e!.(')~Q.. -I";"-...I~ e:~ $? ~ NCPO .i:.. t:1.'"' ~'8 ~ \O_~ _1::1 '"'i:::': ill 0' !"8' S'~ ~- ::g@ !I o ~ ~ "t:::I a ~. o (") ...... ~~ o " ............ o 0-" ~i 008 :::s - ......0 " 0-"0 ,.....,o""'+) , ~ ~ , 00....'It "w~ ~ g f: ~~ ,,0 cia ~ ~ g~ (", ~. 0 ~ iIOIII/ }.,'.t o~ wv r' ~ OQ ~ ~ ,,~, )" ~ 9 rIJ ,\ :::s _. ~ . (I) 01 ("> .., , g ~ > q cia ::c e?.o~ en '< t!!J 00- ~ t::: IN ~o' . (") ::n g;;jrIJ .......- ;;.J 1:; ..., (") t::: > r'1";;j t::: ::c o ..., :rIJ s ~ e!.> ,,- S ~ o ~ C"IJ t!!J - ~::c en Et fb I ~ ft ;J "'- ~ R- Q.. ~ ~ ~ ""f CZl g Q. ~ '" e o '" , "'I ~' 0' I 51 ,<' 0' Eil (): gi q-I 1 ()I ~i s;'1 ~.I 0' =, 0' ~' " I I I I I I , I I I , I 1 1 1 I 1 I 1 , 1 1 1 1 1 I 1 I I 1 1 1 I I I 1 1 , 1 1 1 1 1 , 1 1 1 1 1 1 1 I 1 I I I 1 1 1 , 1 , 1 1 1 1 1 1 I 1 I 1 , 1 1 1 I 1 I I I I I I I IT'S YOUR MONEY Here is what others are saying about the company that is being considered to build an $83, '.II sewer- a company that has never built a central sewer: They [Ogden] have said choose us now or you may not get this good price later. 've to make a rushed decision based on fear and anxiety, not on infonnation and p -James lohnsonEditorial, Free Press, May Unfortunately, though, there was only token opposition to the original contract [( Lake County, FL commissioner's] warning had been heeded, taxpayers could ha" ons. But his colleagues at the time were more interested in making friends with ( - The L~e Sentinel, June, 2000 ,--------------------------------------------------------------------------------------------------------------------~-- s message to your County Commissioners: - BE SMARTER -- START SMALLER We, the people of Key Largo/Tavernier, urge you to first pursue a small, mostly State-Federal funde9""sl :~ Vote Ml on e $83,000,000 Ogden central sewer contract. ' I: 834/vAI<KI'/{JAA/ 5e-jr -LIV')j. Address. A i:.3J ~A'~LL _&, K~ ddrtfss " ,3 36> t Fax to 852-3242; or, Mail to P.O. Box 660, Tavernier; F 33070; or, E-mail to dordall@terranova.net . Drop off at The Book Nook (Waldorf Plaza); or, Package Depot (Tradewinds Plaza) Volunteer your time or US - call 852-4819 Thanks for saying "I saw it in th, -, 0- I ~ I zz ~ I ~ ~ I S S 9- I r? r? (b I ~~ ~ I I ~ ~~o I . :~f.. "'0 '~tIl- I . . ~~\ (b g I : :~ $3 l-T:l I ........ 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