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HomeMy WebLinkAbout2013-210 le pa / asb o IC91 A4v /`3 aid DEP AGREEMENT NO . G0353 AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 80' day of January, 2013 between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and INDIAN RIVER COUNTY (hereinafter referred to as the "Grantee") is hereby amended. WHEREAS, the Grantee was awarded funding under the State Total Maximum Daily Load (TMDL) Grant Program to offset project costs ; and, WHEREAS, the Grantee has requested, and the Department has agreed, to amend the Agreement to revise the Grant Work Plan ; and, WHEREAS , other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows : 1 . Paragraph 3A and 31 are hereby deleted and replaced with the following: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $2 ,226,900. 00 (an increase of $ 1 ,376,900 . 00) towards the total estimated cost for the PC South Algal Nutrient Removal Facility Project of $9 , 551 ,568 .40 . The parties hereto understand and agree that the funding under this Agreement is comprised of EPA Section 319 (319) funding in the amount of $850,000 . 00 and State TMDL funding in the amount of $ 19376,900 .00 . i . The parties hereto understand and agree that the 319 funding under this Agreement requires a 63 % match ($ 1 ,440 , 853 .40). ii. TMDL funding under this Agreement requires a 75% match on the part of the Grantee . Therefore, the Grantee is responsible for providing $4,049,947 .00 through cash or third party in-kind, towards the work funded under this Agreement. iii. All match shall meet the federal requirements established in 40 CFR Part 30, 40 CFR Part 31 and OMB Circulars A-87 (2 CFR 225 ), A422 (2 CFR 230) and A-21 (2 CFR 220), as applicable . iv. It is understood that any additional funds necessary for the completion of this project is the responsibility of the Grantee. The Grantee will report those expenditures to the Department in the Final Report as required under Task 6 in Attachment A- 1 . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No . G0353 , Amendment No . 1 , Page 1 of 4 I . The table below identifies the funding supporting this Agreement and EPA Grants and TMDL funds : Federal Funding Source CFDA Program Title FundingAmount C9-99451512-0 66 .460 Nonpoint Source $8509000 . 00 Implementation Grants State Funding CSFA Funding Source Funding Amount Line Item Appropriation Water Quality Assurance 37 .039 Statewide Surface Water $376,900. 00 Trust Fund, Line Item Restoration and Wastewater 1662, SFY 2012-2013 Projects Water Quality Assurance 37 .039 Statewide Surface Water $ 170005000 .00 Trust Fund, Line Item Restoration and Wastewater 16201 SFY 2013 -2014 Projects Total Funding: $252265900.00 2 . Paragraph 30 is hereby deleted and replaced with the following: 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 3 . The following language is hereby added as paragraph 32 : 32 . No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten ( 10) days of being notified of the unsatisfactory deliverable . If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1 ) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPS must be able to be implemented and performed in no more than sixty (60) days . A. A CAP shall be submitted within ten ( 10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval . Within ten ( 10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten ( 10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department ' s termination of this Agreement for cause as authorized in this Agreement. Be Upon the Department' s notice of acceptance of a proposed CAP, the Grantee shall have ten ( 10) calendar days to commence implementation of the accepted plan . Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require DEP Agreement No. G0353 , Amendment No . 1 , Page 2 of 4 additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance . The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C . Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 4 . Attachment A. Grant Work Plan is hereby deleted in its entirety and replaced with Attachment A-1 , Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-1 , Revised Grant Work Plan. 5 . Attachment F, Special Audit Requirements, Page 5 of 5 is hereby deleted in its entirety and replaced with Attachment F, Special Audit Requirements, Page 5 (Revised) of 5 , attached hereto and made a part of the Agreement. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No . G0353 , Amendment No . 1 , Page 3 of 4 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. INDIAN RIVER COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By: 441, °, ., , By0000000 : 7emosswe J h E . Flescher, Ma irman ,. vGpONIISS/pti1j., Secretary or Designee .S�1 . . Fps Date : October 22 , 2013 ;.� . ee> Date : I I I S 1 mv : Approved by BCC 10- 22 - 13= k : ' `" ePi _ e a mw ATTEST: Diq ` d °r'' c' Amanda Peck DEP Grant Manager Jeffrey R. Smith, Clerk of Court and Cdre $tp f p� 1 ` 441141144 „ 1, 11 , �1l///'//�/�1�\\�y�f_ (/� \ �f C By. D �� v�/ /e �� Connie Becker, DEP Grant Manager APPROVED: rpproAe DEP Contracts Administrator vunty A mistrator ed as to Form and Legal Sufficiency Approved as to form and legality : William K. DeBraal, Deputy County Attorney DEP knorney * For Agreements with governmental boards/commissions : If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify ype Letter/Number Description (include number of pages) Attachment A4 Revised Grant Work Plan ( 14 Pages) Attachment F Special Audit Requirements, Page 5 (Revised) of 5 ( 1 Page) DEP Agreement No. G0353 , Amendment No . 1 , Page 4 of 4 ATTACHMENT A- 1 REVISED GRANT WORK PLAN PROJECT NAME : PC South Algal Nutrient Removal Facility PROJECT FUNDING : $ 850,000 from 31912 ; $ 1 ,376,900 from TMDL grant = $2 ,226,900 REQUIRED MATCH : $ 1 ,440, 853 .40 for 31912 ; $4 ,049,947 for TMDL grant = $ 5 ,490, 800 .40 OTHER ADDITIONAL EXPENDITURES/NOT REQUIRED MATCH : $ 1 , 833 , 868 TOTAL PROJECT COST : $915519568 .40 LEAD ORGANIZATION : Indian River County COOPERATING PARTNERS : State of Florida — DEP Agreement No . LP31010 ($250 ,000 for pilot study & pilot construction, not identified in project costs in this Agreement), SJRWMD Cost-share agreement No . 27199 ($55 ,795 for initial design, not identified in project costs in this Agreement) PROJECT LOCATION AND WATERSHED CHARACTERISTICS : Geographic Location : Vero Beach ; Indian River County Impacted Watershed Name : Indian River Farms Water Control District South Relief Canal Drainage Basin Size of Project Impact : The Algal Nutrient Removal Facility ( ANRF) will be approximately 4 . 5 acres with associated peripheral facilities requiring approximately another six (6) acres . The developed site will be approximately ten ( 10 ) acres . The total site property is approximately 12 . 81 acres . Size of Drainage Area : 17 , 163 acres Latitude : 27 . 592522 Longitude : 80 . 398530 Hydrologic Unit Code : 03080203 Impaired waterbody affected : Indian River Lagoon ( IRL Central B Project Zone), WBID : 5003B , TMDL adopted for Nutrients (TN and TP) Impairment : The health of the Indian River Lagoon ' s seagrass is the benchmark for measuring the progress of the TMDL process . Healthy seagrass and increasing seagrass coverage is indicative of a health Lagoon. The project will dramatically reduce the amount of dissolved nutrients (nitrogen and phosphorus) entering the Indian River Lagoon ( IRL) through the Indian River Farms Water Control District ' s ( IRFWCD) South Relief Canal . Therefore , the project will dramatically reduce the potential for harmful algal blooms, including macroalgae such as Gracilaria SP. , in the IRL that can be detrimental to seagrass and marine life . The project will also significantly reduce the amount of suspended solids and sediment that enter the IRL and it may also reduce to a lesser degree the color of the water. It will also increase the water' s overall dissolved oxygen levels . Management of these parameters will benefit the IRL ' s seagrasses by reducing muck deposits, reducing settlement of sediment on seagrass leaves, improving oxygen availability , and increasing the penetration of light through the water column . BMAP Status : Indian River Lagoon BMAP under development Land Ownership Status : Land necessary for the construction of treatment infrastructure has been acquired in 2012 , approximately 12 . 81 acres for $750 ,000 . Title is held by Indian River County . Land Uses within the watershed : (from GIS information — wetlands and forested areas extrapolated) Land Use Acres % Residential 89067 47 Industrial/Commercial 721 4.2 Agricultural 39948 23 Forested 446 2. 6 Wetlands 463 2. 7 Right of Way 29746 16 Institutional 772 4.5 Land Use Totals Acrea a and % 179163 100 REMAINDER OF PAGE LEFT BLANK INTENTIONALLY DEP Agreement No . G0353 , Attachment A- I , Page 1 of 14 PROJECT OVERVIEW : This facility will be the second full-scale facility of its kind in Indian River County and the nation . Through engineered design and flow control, high levels of biomass productivity can be maintained. Predictable nitrogen and phosphorus removal results from the routine recovery of excess productivity . Several Best Management Practice ( BMP)s are used for this project : primary screening using self-cleaning trash rakes ; grit/sediment removal ; biological nutrient removal using the algal nutrient removal facility ; additional suspended solids removal using micro-screening or other highly efficient screens ; final effluent polishing using high quality wetland systems ; and disinfection of effluent used for irrigation reuse . Additionally, the harvested algal biomass is a useful byproduct . Recovered biomass is processed into marketable end products including high grade compost or livestock feed . An AGNRF system will remove dissolved nutrients from up to 10 million gallons per day of stormwater and canal water and from up to 1 . 5 million gallons per day of reverse osmosis reject water from the South County Reverse Osmosis ( RO) Treatment Plant. The RO reject water (currently discharged into the South Relief Canal untreated) will be blended with the canal water and the ANRF will remove dissolved nitrogen and phosphorus from the blended water. Hydrogen sulfide present in the RO reject water will be dissipated into the atmosphere as the mixture flows over the ANRF surface . The treated water will be returned to the South Relief Canal where it will continue its journey to the IRL . The ANRF uses a patented water treatment technology developed specifically to enhance water quality of polluted waters through the active cultivation of attached algae upon an engineered surface . By cultivation is meant the production and periodic harvesting of the attached algae (epiphytic and periphytic) and the community of organisms that become established on and around the algae . This living community of plants and organisms is known as algal turf and includes not only the algal biomass, but also associated invertebrates , bacteria, fungi, organic residues, and inorganic precipitants . Through the community ' s biological and chemical dynamics , nutrient pollutants are removed from the water column, dissolved oxygen is increased, and oxidation of reduced substances is facilitated. The result is a treated effluent reduced in nutrients, high in dissolved oxygen, and relieved of many potentially biologically deleterious and toxic substances . One or more final polishing filters, similar to wastewater treatment type filters, will be included in the treatment train downstream of the ANRF to remove all remaining solid particles from the treated water and a linear wetland system will provide final polishing. The Algal Nutrient Removal Facility offers the advantage of high areal removal rates for both nitrogen and phosphorus, which result in reduced land area requirements and treatment costs . ' Effluent from the ANRF process is highly oxygenated, often exceeding saturation during the daytime, and typically well above 5 mg/I dissolved oxygen ( DO) during the nighttime . ANRF units have relatively short hydraulic detention, and thereby avoid accumulation of heavy sediment loads . As algae rely heavily upon dissolved bicarbonate, carbon dioxide and carbonate as a carbon source, pH levels within the ANRF effluent can increase during the daytime as alkalinity shifts towards hydroxyl alkalinity . This change in water chemistry allows engineered ANRF systems to be optimized for the precipitation and recovery of pollutants including phosphorus . ANRF units have also been shown to be effective at removing ammonia and nitrate + nitrite nitrogen ; and recovering trace metals and select organic compounds . The ANRF technology was specifically developed to offer low cost treatment even under low nitrogen and phosphorus conditions . PC South will greatly improve the IRL ' s health by significantly removing suspended solids and dissolved nitrogen and phosphorus from the waters of the IRFWCD South Relief Canal before the waters enter the IRL , while increasing oxygen levels . This will benefit and protect seagrasses and associated fauna, providing them with an environment suitable for their growth and reproduction . As seagrasses are preserved and proliferate, fish and wildlife populations will increase . The potential for dangerous IRL algal blooms, including macroalgae such as Gracilaria sp. , caused by high nutrient loadings will also be greatly reduced . A secondary (future) benefit will be the creation of a significant source of treated water for irrigation purposes for commercial , industrial, and residential users, thus lowering their consumption of water from the surficial and Floridian aquifiers, thereby promoting water conservation and preserving groundwater. This will also benefit the IRL by reducing the quantity of freshwater discharged into it on a daily basis . Another benefit is the creation of very high quality 1 For example, STA systems may achieve phosphorus removal rates of 1 -4 g- P/m2-yr or less than 0 . 10 lb- P/acre-day ; WH STM units at high nutrient concentrations may achieve as high as 25 g- P/m2-yr removal or about 0 . 62 lb- P/acre-day ; ANRF systems at comparatively low nutrient concentrations have been documented as achieving well over 50 g- P/m2-yr or 1 .24 Ib- P/acre-day . The implication is that an ANRF unit may provide treatment in 1 acre equivalent to 50 acres of STA or treatment wetlands . DEP Agreement No . G0353 , Attachment A- 1 , Page 2 of 14 , , In leee ISO t PFF wr AIn do w �NeIn � In IN le In I Inn, . j n e% r�� �M ISO !1 IMP AIR : 1 INS IF mm . 1 In MelwwF t . 1 ' If . d � nk, AueIn I rr Yin iv ESTIMATED POLLUTANT LOAD REDUCTION MODEL USED . For estimating watershed loading, exclusive of the RO Concentrate addition, the Spreadsheet Tool for Estimating Pollutant Loads (STEPL) was initially applied, with the land use breakdown as previously noted . In developing these loads, grass swales and dry detention were noted as the existing BMP elements . Event Mean Concentrations used were those applied to Florida conditions2 shown in Table 1 of the Pollutant Load Calculations Attachment, which are similar to the default values within the STEPL model . Load projections for the entire watershed are noted in Table 2 of the Pollutant Load Calculations Attachment. There is available long term USGS flow data for the PC -South Relief Canal which represents the composite influence of the runoff and base flow associated with the majority of the watershed . Data from 1956 to 19824 reveals an annual average flow of 37 . 7 cfs or 24 .4 MGD, with a standard deviation of 13 . 7 cfs ( 8 . 9 MGD) ; a minimum annual average of 15 .2 cfs (9 . 8 MGD) and a maximum annual average of 61 . 6 cfs (39 . 8 MGD) . Using the average flow rates and the STEPL post BMP loading values, the average annual concentrations within the canal can be estimated, as noted in Table 3 of the Pollutant Load Calculations Attachment . Included in this table is the actual concentrations as monitored in the South Canal, using data from USGS from 1972 - 1977 , from Indian River Farms Water Control District from 2000, and from the ongoing PC-South ATSTM Pilot System . BMPs Installed TSS TP TN BMP #1 ATS lbs/yr lbs/yr lbs/yr Pre- Project 339851 79400 36,834 Post- 16,925 49998 279229 Project y Load 169926 21402 99607 Reduction p; % 50% 32. 5% 26. 1 % Reduction BMP #2 TSS TP TN (wetlandpond) lbs/yr lbs/yr lbs/yr Pre- Project 169925 41998 27,229 a Project 89463 41953 27,004 Load 8463 45 225 Reduction p; % 50 % 0. 9% 0. 8 % Reduction TOTAL TSS TP TN lbs/yr lbs/yr lbs/yr Pre- Project 339851 79400 369834 Project 89462 49953 279004 Load 259389 29447 99830 Reduction cam. % F75. 0 % 33 . 1 % 26. 7 % Reduction ESTIMATED RESIDENCE TIME OF ANY PONDS, SWALES, ETC . : This Section is not applicable . The pollutant reduction occurs on the algal turf scrubber flow-way . z CDM, " Little Wekiva Basin Watershed Management Plan" 2005 Orange County, Florida. 3 USGS Station 02253500 Lat 27 ° 36 ' 11 " ; Long 80 ° 23 ' 24" 4 In 1982 RO Concentrate discharge to the canal was initiated and flows reflect this addition after 1982 . DEP Agreement No . G0353 , Attachment A- 1 , Page 4 of 14 TASKS and DELIVERABLES : TASK NUMBER 1 TASK NAME : Land Acquisition TASK DESCRIPTION : This process involved the land purchase for construction of the ATS facility . Closing for the sale and contract was executed on August 24, 2012 for a total cost of $ 754, 528 . 00 . This cost was expended as other required expenditures, not required match . ALLOWABLE COSTS : $754 , 528 for acquiring 12 . 81 acres of land; not required match so additional documentation not needed other than description of how funds were expended in the final project report. DELIVERABLES : 12 . 81 acres acquired, closing on August 24 , 2012 TASK NUMBER 2 TASK NAME : Design and Permitting, Bidding TASK DESCRIPTION : This task involves the surveying, sub- surface exploration, preparation of design drawings and specifications and application of construction permits . Design services were provided by several engineering consultants who comprised an engineering team to facilitate an accelerated schedule . The Grantee shall design the system as described in Tasks 3 , 3A, 313 , and 3C (BMP Construction) and obtain all necessary permits . Permits should be obtained from the U . S . Army Corps of Engineers, Florida Department of Environmental Protection (FDEP), St. Johns River Water Management District, Indian River Farms Water Control District, and Indian River County Specifically , these permits will include : FDEP Industrial Wastewater (ww) and environmental resource permit (erp), five (5 ) separate Indian River Farms Water Control District ( IRFWCD) permits, a St. Johns River Water Management District (SJRWMD) consumptive use permit and Indian River County ( IRC) site plan permit. The Grantee shall prepare and solicit bids utilizing a bid package in accordance with state and federal laws and this Agreement. The work will be bid under two (2 ) separate projects : 1 ) The PC Sourth Algal Nutrient Facility, including a large pump station located on the IRFWCD South Relief Canal , and 2) A large diameter force main from the South Relief Canal Pump Station to the PC South Algal Nutrient Removal Facility Site . ALLOWABLE COSTS : All costs in this task are additional expenditures to be made by the Grantee, not required match. The design for site plan, electrical structural , pump station and pipe routing projects have resulted in a total cost of $778 , 315 in consulting fees . The permit application fees estimate a total cost of $7 ,025 . 00 in contractual review fees ; the estimated contractual cost of bidding services is $20,000 . 00 this task includes the permit application DELIVERABLES : Submission of copy of final design ; copy of all required permits . Submission of a copy of bid package and selection of contractor documents . PERFORMANCE STANDARD : Approval of final design is contingent upon approved permits . The Department Grant Manager will review the bid package and copy of subcontract to ensure compliance with state and federal laws specific to this Agreement. TASK NUMBER 3 TASK NAME : BMP Construction TASK DESCRIPTION : The Grantee shall develop approximately ten ( 10) acres within a 12 . 81 acre parcel for the purpose of creating an Algal Nutrient Removal Facility as depicted in Figures 1 and 2 , attached and incorporated herein . The entire PC South Algal Nutrient Removal Facility and connecting systems will be composed of the following components, which will be broken out into subtasks to utilize both 319 and TMDL funding: 1 . Influent flow delivery system , which will be a low head, high flow pumping system (e .g. submersible pumps), to be constructed under Task 3A 2 . Intermittent release control device or flow surger, designed to pulse flows in a manner emulative of oscillatory waves . This device is an automatic siphon mechanism placed on a surger box . The intermittent surging of water helps disrupt the algal cell wall boundary which enhances the rate of diffusion of nutrients, particularly at low concentrations, to be constructed under Task 3 B . 3 . An influent distribution system designed to distribute water equitably along the width of the ANRF floway, with flow introduced from the flow surger, to be constructed under Task 313 4 . A sloped ANRF floway that includes an impervious concrete surface as an attachment matrix for the algae . Floway length is determined by treatment requirements and influent characteristics , to be constructed under Task 313 5 . An effluent and harvest flume that runs the full width of the ANRF floway . Typically this flume is triangular in cross section, with a variable cross sectional area, increasing as flows accumulate . The slope is designed to ensure at least 1 . 5 fps velocity throughout the flume, which ensures conveyance of the harvested material . The flume serves both as a means to move effluent, and, during harvest, to transport harvested algae to an automated self cleaning bar DEP Agreement No . G0353 , Attachment A- 1 , Page 5 of 14 screen (FlexRake), to be constructed under Task 313 6 . An automatic FlexRake, typically as manufactured by Duperon Corporation of Saginaw Michigan. The FlexRake facilitates capture and removal of harvested algae filaments, as well as continuous removal of sloughed algae and incidental solids5 , to be constructed under Task 313 7 . Stormwater/Brine Pipeline, a large diameter force main from the South Relief Canal Pump Station to the PC South Algal Nutrient Removal Facility Site, to be constructed under Task 3C . This pipeline will carry canal water to the ARNF . Another pipeline will carry brine from the South County RO Water Treatment Plant to the ARNF where it will mix with the canal water before flowing onto the ARNF . TASK NUMBER 3A TASK NAME : BMP Construction — South Relief Canal Pump Station TASK DESCRIPTION : 319 grant funding will be utilized in part for construction of the South Relief Canal Pump Station . ALLOWABLE COSTS : The estimated contractual construction costs for the pump station and related components is $ 1 , 126 , 000 , of which $563 , 000 maximum will be expended from 319 grant funds and $ 563 ,000 minimum is required match expenditure for the 319 grant funds . DELIVERABLES : 1 ) Dated color photographs of the site prior to and during construction and immediately following completion of the project; 2) complete installation of the entire pump station ; 3 ) As-built certification for the pump station ; 4) electronic files of the as-built drawings completed by a professional land surveyor; and 5 ) signed statement from Grantee ' s project certified engineer indicating construction has been completed in accordance with approved design . PERFORMANCE STANDARD : The Department Grant Manager will review the photographs and certification of completion for all components by the Grantee ' s project certified engineer to verify that construction has been completed for all components in accordance with the approved plans . TASK NUMBER 3B TASK NAME : BMP Construction — PC South Algal Nutrient Removal Facility TASK DESCRIPTION : TMDL grant funding will be utilized in part for construction of the PC South Algal Nutrient Removal Facility and its associated appurtenances and hardware . ALLOWABLE COSTS : The estimated contractual construction costs for the Algal Nutrient Removal Facility and related components is $ 5 ,426, 847 , of which $ 1 , 376,900 maximum will be expended from TMDL grant funds and $4,049,947 minimum is required match expenditure for the TMDL grant funds . DELIVERABLES : 1 ) Dated color photographs of the site prior to and during construction and immediately following completion of the project ; 2) complete installation of the entire Algal Nutrient Removal Facility system per the project description; 3 ) As-built certification for the stormwater management system ; 4 ) electronic files of the as-built drawings completed by a professional land surveyor; and 5 ) signed statement from Grantee ' s project certified engineer indicating construction has been completed in accordance with approved design . PERFORMANCE STANDARD : The Department Grant Manager will review the photographs and certification of completion for all components by the Grantee ' s project certified engineer to verify that construction has been completed for all components in accordance with the approved plans . TASK NUMBER 3C TASK NAME : BMP Construction — Stormwater/Brine Pipeline TASK DESCRIPTION : TMDL grant funding will be utilized in part for construction of the Stormwater/Brine Pipeline and their associated appurtenances and hardware . ALLOWABLE COSTS : The estimated contractual construction costs for these components is $ 1 , 164 , 853 .40, of which $287 ,000 maximum will be expended from 319 grant funds and $ 877 , 853 .40 minimum is required match expenditure for the 319 grant funds . DELIVERABLES : 1 ) Dated color photographs of the site prior to and during construction and immediately following completion of the project; 2) complete installation of the entire Algal Nutrient Removal Facility system per the project description; 3 ) As-built certification for the stormwater management system ; 4 ) electronic files of the as-built drawings completed by a professional land surveyor; and 5 ) signed statement from Grantee ' s project certified engineer indicating construction has been completed in accordance with approved design . 5 In some cases in which high levels of suspended solids reduction is required, additional processes such as wedge wire screens, hydroscreens, or sand filters may be included to further polish the effluent after coarse screening through the Flex Rake . DEP Agreement No . G0353 , Attachment A- 1 , Page 6 of 14 PERFORMANCE STANDARD : The Department Grant Manager will review the photographs and certification of completion for all components by the Grantee ' s project certified engineer to verify that construction has been completed for all components in accordance with the approved plans . TASK NUMBER : 4 TASK NAME : Public Education TASK DESCRIPTION : This task includes public presentations and construction of a nature trail with informational signs explaining the environmental benefits of the ATS system and methods for reducing nutrient loading into the receiving waters of the state . There is a video currently available for viewing at the dedicated stormwater educational website (www . irestormwater. com) that describes nutrient removal projects the county has implemented to date, as well as an introduction to the PC South project. Walking trails and signage will be constructed, civic forums will be ongoing . An updated water quality improvement informational video will be produced to include the ATS Facility, to be broadcast on the IRC county public television station and couty ' s stormwater educational website . ALLOWABLE COSTS : Estimated cost of $54,000 . 00 for walking trail , signs and informational/educational video . All costs in this task are additional expenditures to be made by the Grantee, not required match . DELIVERABLES : Text and final draft video in electronic format for the website will be submitted to the DEP Grant Manager for prior approval before airing and distribution. Submission of CD ' s with the final Public Services Announcements released to the public with information on when they were aired. Link to the Indian River County website with information on updates made for the project. Dated photographs of the installed walking trails and signage, dates/sign4n sheets for when the civic forums are held. PERFORMANCE STANDARD : The DEP Grant Manager will review the draft and final deliverables to verify compliance with the Agreement ' s terms and conditions, the TMDL grant requirements and the Department ' s policies on public education, and will review evidence of the number of contacts made with the public through each component of the outreach task . TASK NUMBER: 5 TASK NAME : Monitoring TASK DESCRIPTION : The Grantee must complete and submit to the Department a Quality Assurance Project Plan (QAPP) for monitoring prior to commencement of any monitoring. The monitoring plan will specify the sampling locations, sampling instruments, and parameters to be sampled. The parameters shall include, but are not limited to : TN ( lbs/yr), TP (lbs/yr), TSS ( lbs/yr), Cd, Cr, Cu, Zn, NO2/NO3 , TKN , NH3 , Orthophosphate, Fecal coliform, rainfall and flow. Because the flow through the system is continuous, discrete sampling during rainfall events is meaningless . The flow will be monitored on a timed composite sampling basis during the one-year monitoring period. Monitoring is to be performed at inflow and outflow locations of each BMPs installed and in accordance with the approved QAPP . Sampling locations shall be recorded and verified using a GPS device . Project-specific details must be added during QAPP development . Harvested material shall be weighed wet with each harvest, either directly or by determining wet density and volume . Three (3 ) composite samples shall be analyzed for percent moisture , and these composited on a monthly basis for analysis for phosphorus, nitrogen, carbon, and ash . ALLOWABLE COSTS : The estimated contractual costs for the collection and lab analysis of monitoring events results is $200,000 . All costs in this task are additional expenditures to be made by the Grantee, not required match. DELIVERABLES : Department approved QAPP and submission of monitoring results . Discussion of analysis of monitoring results and the pollutant load reductions from each applicable BMP either as a stand-alone Final Efficiency Evaluation Monitoring Report or as part of the Final Project Report . PERFORMANCE STANDARD : The Department Grant Manager will review the QAPP for compliance with this Agreement and DEP Standard Operating Procedures for monitoring ; submission of approved QAPP ; and submission of monitoring results . Review of Final Efficiency Evaluation Monitoring Report (or equivalent description in the Final Project Report) to verify that monitoring was completed in accordance with the approved QAPP and the results were analyzed and discussed regarding removal efficiency . TASK NUMBER: 6 TASK NAME : Draft and Final Report TASK DESCRIPTION : The Grantee must complete and submit to the Department a Final Report . The Final Report is intended to capture the outcome and results of the selected project, including all tasks included in this project. It shall include, at least, the following : a summary of monitoring results and an explanation of any unexpected monitoring results or unexpected occurrences . This shall include, where applicable, why a BMP did not obtain or exceeded the expected removal efficiency ; any problems encountered and how those problems were overcome ; an explanation of any project delays ; a brief DEP Agreement No . G0353 , Attachment A- 1 , Page 7 of 14 summary of any additional phases yet to be completed; and any additional information which explains the results of the project. The Final Report template , available from the Department ' s Grant Manager, should be followed as much as possible . The Grantee shall submit the final report as a draft prior to submitting the final report for project closeout. The Grantee will also provide quarterly updates on the project progression for informational purposes . ALLOWABLE COSTS : Contractual costs estimated at $20,000 for preparation of the draft and final project report including discussion of monitoring results . All costs in this task are additional expenditures to be made by the Grantee, not required match . DELIVERABLES : Draft final report; approved final report that meets all of the requirements identified in the task description . The Grantee shall provide one paper copy and one electronic copy of the approved final report to the Department. PERFORMANCE STANDARD : The Department Grant Manager will review the draft final report and provide comments to the Grantee and review the Final Report for compliance with this Agreement. TIMELINE : Task Task Description Start Complete Number 1 Land Acquisition Month 0 Month 6 2 Design and Permitting, Bidding Month 0 Month 9 3 BMP Construction Month 9 Month 24 3A BMP Construction — South Relief Month 9 Month 24 Canal Pump Station 3B BMP Construction — PC South Algal Month 9 Month 24 Nutrient Removal Facility 3C BMP Construction — Month 9 Month 24 Stormwater/Brine Pipeline 4 Public Education Month 14 Month 42 5 Monitoring Month 24 Month 42 6 Draft and Final Report I Month 42 Month 48 REMAINDER OF PAGE LEFT BLANK INTENTIONALLY DEP Agreement No. G0353 , Attachment A- 1 , Page 8 of 14 i 1 i • 1 All � . g, � � A At � 4. iy q q et T `t ' .'rt at TS +y 1 *„x ,4 � .'� e ' M ids : tc v " `�# n x, x ° '. a . . . . A w . � � • ®1 1 . 1 1 : 1 1 tl •FAA 'Al Al 1 All At Isj 1 1� 1 . , AA YW .. 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Ivr aw , ' • 1 • • POLLUTANT LOAD CALCULATIONS ATTACHMENT EMCS USED IN MODEL : Table 1 : Event Mean Concentrations PC-South Relief Canal Watershed Total P Total N TSS BOD Land Use EMC mg/L EMC mg/L EMC mg/L EMC mg/L Agricultural 0 . 14 2 . 02 70 13 Commercial 0 .29 1 . 34 88 12 Residential 1 . 05 2 . 61 39 8 Industrial 0 . 31 2 . 06 94 10 Forest/Open 0 . 05 1 .44 11 15 Institutional 0 . 31 2 . 07 39 8 Wetlands 0 . 05 1 . 14 5 1 . 5 Table 2 : STEPL Load Projections for PC- South Relief Canal lb/ ear lb/year lb/year t/ ear PC -South 145 , 960 19 , 464 666 , 393 11994 Total 145 , 960 19 ,464 666 , 393 1 , 994 Urban 341489 61109 120 ,671 278 Cropland 24 , 800 11971 231 , 858 217 Pastureland 29 , 067 27243 93 , 306 45 Forest 11220 43 929 1 Feedlots 0 0 0 0 User Defined 31333 11332 91418 7 Septic 322 126 11316 0 NEMESES Gully 0 0 0 0 Streambank 0 0 0 0 Groundwater 0 0 0 0 Total 93 , 232 11 , 825 457 ,4971 547 Table 3 : Comparison of Average Concentrations PC -South Relief Canal Source TP mg/L TN mg/L TSS mg/L BOD mg/L Average Average Average Average Calculated from STEPL and USGS Flow 0 . 159 1 . 25 15 6 Data Field Data USGS , IRFWCD, IRC 0 . 240 1 . 05 11 <2 DEP Agreement No. G0353 , Attachment A- 1 , Page 10 of 14 These values are reasonably similar. The field data will be used in the following analysis regarding design loads and projected reductions. To complete this review, the flows and water quality associated with the RO Concentrate , which is to be blended at an average ratio of 10 : 1 with flows from the South Relief Canal , needs to be included . The RO Concentrate is a highly mineralized, low suspended solids flow with a near neutral pH, and water temperatures consistently at about 26 ° C . The flow rate is presently about 1 MGD . Based upon data collected during the ongoing pilot investigation, the design water quality for the RO Concentrate is as noted in Table 4 . Table 4 • Design Concentrations Ro Concentrate, South Relief Canal and 10 : 1 Blend Units RO Concentrate Canal Value 10 : 1 Design Value Average Blend Annual Average Value Average Total P m /L 0 .033 0 .240 0 . 221 Total N m /L 1 . 57 1 . 05 1910 Ammonia-N m /L 0 . 94 0 . 09 0 . 17 TSS m L <2 11 10 Alkalinity mg/L as 723 178 228 CaCO3 Conductivity micros/cm 69135 19941 29322 Color pcu 11 39 36 * Value is typically directly related to concentration in feed water * * Typically directly related to water temperature Accordingly, based upon flows of 10 MGD from the canal and 1 MGD as RO Concentrate, the annual design loads to the Algal Turf Scrubber® (ATSTM) treatment unit shall be as noted in Table 5 . To determine the reduction associated with these loads through the Algal Turf Scrubber®, a first order model —ATSDEM—which is based upon the Monod relationship . ATSDEM was developed by HydroMentia, Inc . of Ocala, Florida 6, and will be applied to the water quality and flow conditions . The model is based upon projections of specific growth rates and community productivity for the Algal Turf Community , which has been shown to be a function of total phosphorus levels ; hydraulic loading rate ; temperature ; tissue nutrient levels and average standing crop . Critical input parameters are noted in Table 6 . Table 5 : Design Pollutant Loads from 11 MGD Design Flow Blend Units 10 : 1 Design Design Pollutant Loads Blend Annual Value Total P lb/year 7 ,400 Total N lb/year 36 , 834 TSS lb/year 334, 851 Table 6 : Critical Input Parameters ATSDEM 6 This model was developed as part of the Contact C - 13933 between HydroMentia, Inc and the South Florida Water Management District. " S- 154 Pilot Single Stage Algal Turf Scrubber® Final Report" Submitted to the South Florida Water Management District. March 2005 . DEP Agreement No . G0353 , Attachment A- 1 , Page 11 of 14 Parameter Units Value Range Maximum Specific Growth Rate I /hr 0 . 02 -0 . 04 Because Optimal Growing Temperature °C 28 -31 there is wide Tissue Phosphorus Level * % of dry weight 0 . 35 - 1 . 0 variability in ATSTM Tissue Nitrogen Level * % of dry weight 2 . 00-3 . 50 Average Standing Crop * * D - m 250420 Want Hoff-Arrhenius Coefficient Q dimensionless 1 . 054 . 10 Half rate concentrationTP K µ L 60- 100 Half Rate Value Linear hydraulic Loading Gpm/ft 9- 15 Rate Kh Initial Standing Crop Dry- m 10-20 performance based upon water temperature, it is reasonable to model the system on a monthly basis . Water Quality input data for an average month, taken from the historical data base is noted in Table 7 . The algal turf information is interpolated from data collected from both the ongoing PC - South ATSTM pilot and the operational Egret Marsh Stormwater Park ATSTM facility 7 8 , presently under operation . Table 7 : ATSDEM Water Quality and Algal Turf Input Data Average Average Average TP mg/L Average TN mg/L Water T °C Standing Crop m Month 10 : 1 Blend 10 : 1 Blend 10 : 1 Blend January 0 . 136 0 . 75 19 . 7 50 February 0 . 112 0 . 72 2044 55 March 0 . 333 0 . 84 2209 70 Aril 0 . 171 1 . 06 24 .4 90 May 0 . 326 1 . 37 27 .4 100 June 0 . 267 1 . 63 28 . 1 110 July 0 . 148 1 . 14 28 . 9 110 August 0 . 325 1 . 54 28 . 8 100 September 0 . 267 1 . 02 27 . 8 90 October 0 .227 1 . 10 25 . 8 70 November 0 . 167 1 . 12 23 . 7 60 December 0 . 172 0 . 72 19 . 5 50 Alkalinity 228 mg/L as CaCO3 pH = 7 . 81 Tissue P = 0 . 60% Tissue N = 2 .40% Initial Standing Crop 10 m2 The ATSDEM projections are presented in Table 8 . These are reasonable conservative projections, when compared to actual pilot performance from January through April 2011 , as shown in Table 9 . These projections are conservative, but congruent with the data collected to date associated with the ATSTM PC -South pilot study, as shown in Table 10 , with the actual performance notably higher than the ATSDEM projections . " Egret Marsh 10 MGD Algal Turf Scrubber® Final Basis of Design Report" July, 2005 . Prepared for Indian River County by HydroMentia, Inc . a Contract G0143 319(h) grant to Indian River County . " Egret Marsh Stormwater Park Algal Turf Scrubber® 319 (h) Grant Quarterly Performance Report Quarter 1 " Prepared for Indian River County for submittal to FDEP by HydroMentia, Inc . January 2011 DEP Agreement No. G0353 , Attachment A- 1 , Page 12 of 14 Suspended solids removal through the ATSTM has been typically been about 50% when influent TSS are less than 15 mg/L . Quite often laboratory data is reflected as <5 mg/L which is reported as the limit of detection . 50% reduction is a reasonable projection. Table 8 : ATSDEM Performance Projections PmaX (11hr) 0.032 Ks (Ng/L) 50 Kah (gPm/If) 11 Topt *C 30 Q 1 .09 TP Areal TN Areal TP Removal TN Removal Algal Turf Net Influent Effluent removed Rate Influent Effluent removed Rate Productivity Effluent TP pg/1 TP pg/I Ib g/m2-yr TN mg/1 TN mg/I Ib g/m2-yr g/m2=day pH January 136 110 75 16 0 . 75 0.64 1 301 65 7. 50 8. 02 February 112 86 74 16 0 . 72 0 .62 295 63 7 . 35 8. 01 March 333 265 193 42 0. 84 0 . 57 774 166 19.26 8 . 34 April 171 108 178 38 1 . 06 0 . 81 714 154 17. 77 8. 30 May 326 213 321 69 1 . 37 0. 92 1 ,284 276 31 . 96 8. 68 June 267 148 337 73 1 . 63 1 . 16 11350 290 33 . 61 8 . 73 July 148 65 235 50 1 . 14 0 . 81 939 202 23. 38 8.45 Au ust 325 193 374 81 1 . 54 1 .01 11498 322 37 . 30 8. 83 Se tember 267 178 253 54 1 . 02 0.66 11013 218 25 . 21 8 . 50 October 227 168 168 36 1 . 10 0 . 86 674 145 16 . 78 8 . 27 November 167 127 113 24 1 . 12 0 . 96 452 97 11 .26 8. 12 December 172 144 78 17 0. 72 0.61 314 67 7 . 81 8. 02 Averages 225 151 45 1 . 12 0.82 182 21 .04 8. 39 Totals 2,402 1 9 ,607 Table 9 : Comparison ATSDEM Performance Projections to Pilot Results January through April 2011 Areal Removal Rate Productivity g/m2" pH Influent mg/L Effluent mg/L m2_ r da Pilot Pilot Pilot Pilot Pilot ATSDEM Data ATSDEM Data ATSDEM Data ATSDEM Data ATSDEM Data t13 82 110 57 16 22 Jan 0 .64 0 . 64 0 .49 65 170 7 . 50 6 . 03 8 . 02 8 . 37 80 86 45 16 28 Feb 0 . 66 0 .62 0 .42 65 2087 . 35 14 . 32 8 . 01 8 . 54 257 265 45 42 165Mar 1 . 28 0 . 57 0 . 56 166 58919 .26 20 . 98 8 . 34 8 . 35 99 108 30 38 54 Apr 1 . 13 0 . 81 0 . 66 154 369 17 . 77 23 . 28 8 . 30 8 .21 In addition to the ATSTM, the proposed facility will include about 1 acre of polishing wetlands, intended to permit settling of periodically sloughed algae and some buffering of pH and water temperature, as well as providing wildlife habitat. The removal rates in terms of nutrients and solids through such a wetland/pond system is comparatively modest. At the Egret Marsh Stormwater Park, the ATSTM is followed by a wetland\pond system , which over nine months has provided an average removal rate of 5 g/m2 -yr for TP and 25 g/m2-yr for TN . These removals are reflected in the loading and load reduction table included as part of this application. DEP Agreement No. G0353 , Attachment A- 1 , Page 13 of 14 Figure 2 . General System Layout of Proposed A • Components forConstruction LEGEND GreenommmmPiping � Configuration Blue � ATS Site Location � • • y � � �. 1 ,4 t ^;. �S y t Proposed ., � Canal � � Pump - • ' ! • I C Lateral J Canal Proposed 24" Force Main Segment ( retained 6 , 200 r� New . . . • street tributary canal ' ,� EXISTING ` SOU H � _ WATER TREATENT ® ' 24 11 Proposed 1 FACILITY 12" Force Main • - 1 Connectors ProposedGeneral System Layout ir I South Relief Facility Proposed Proposed acre ' Agreement No . 1 Page 14 of 14 1 EXHIBIT — I FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING : Federal Resources Awarded to the Reci fent Pursuant to this Agreement Consist of the Followin : Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category Original U. S . Environmental 66 .460 Nonpoint Source Implementation Grants $ 850 ,000 . 00 140076 Agreement Protection Agency State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams : Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97 F.S. : State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Amendment Water Quality Assurance 2012-2013 37 .039 Statewide Surface Water Restoration $376,900 . 00 140076 No . 1 Trust Fund, Line 1662 and Wastewater Projects Amendment Water Quality Assurance 2013 =2014 37 .039 Statewide Surface Water Restoration $ 11000 ,000 . 00 140076 No . 1 Trust Fund, Line Item 1620 and Wastewater Projects Total Award I $2 ,226 ,900 . 00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http :// 12 .46 .245 . 173 /cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https ://apps. fldfs.com/fsaa/sea rchCatalog. aspxl . The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP 55 -215 (03/09) DEP Agreement No. G0353, Attachment F, Page 5 (Revised) of 5