HomeMy WebLinkAbout2000-308Contract #SD624AA
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AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY FOR THE DEVELOPMENT OF THE
EAST INDIAN RIVER COUNTY STORMWATER MANAGEMENT PLAN
THIS COST SHARE AGREEMENT is entered into by and between the GOVERNING
BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("DISTRICT"),
whose address is Post Office Box 1429, Palatka, FL 32178-1429, and INDIAN RIVER
COUNTY ("COUNTY"), whose address is 1840 25'h Street, Vero Beach, Florida 32968.
WITNESSETH THAT:
WHEREAS, DISTRICT is a special taxing district created by the Florida Legislature and
given those powers and responsibilities enumerated in Chapter 373, Fla. Stat., whose
geographical boundaries encompass Indian River Lagoon; and
WHEREAS, DISTRICT has determined that its needs will be best served by entering into
a COST SHARE AGREEMENT for services that can be provided by COUNTY.
NOW THEREFORE, in consideration of the payments here specified and which
DISTRICT agrees to make, COUNTY agrees to furnish and deliver all materials, to do and
perform all work and labor required to be furnished and delivered, done and performed for the
Development of the East Indian River County Stormwater Management Plan, Contract
#SD624AA. COUNTY agrees to complete the Work in conformity with the Contract
Documents and all attachments as defined herein and on file at the St. Johns River Water
Management District. The Contract Documents consist of the following items, including all
modifications thereof incorporated in the Documents before their execution: AGREEMENT;
EXHIBIT "A" - Scope of Work; and all attachments hereto. All attachments and Contract
documents are part of this AGREEMENT as fully and with the same effect as if they had been
set forth at length in the body of this AGREEMENT.
ARTICLE I - SCOPE OF WORK
All Work will be performed in accordance with EXHIBIT "A," SCOPE OF WORK,
entitled, "Development of the East Indian River County Stormwater Management Plan,"
attached hereto and by reference made a part of this AGREEMENT.
ARTICLE II - SCHEDULE OF WORK AND EFFECTIVE DATE
A. The effective date of this AGREEMENT shall be this 10th day of October 2000.
B. COUNTY will be required to commence work under the Contract within fifteen (15)
calendar days after the effective date of the AGREEMENT, to prosecute the Work
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diligently, and to complete the entire Work for use by not later than October 31, 2001,
unless the date is extended by mutual agreement of the parties hereto. Time is of the
essence.
ARTICLE III - TERM
This AGREEMENT shall expire at 12:00 midnight on the sixtieth day after the
completion of the Work in accordance with the date established under ARTICLE II above.
ARTICLE IV - LIABILITY AND INSURANCE
A. Each party to the AGREEMENT is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party and the officers,
employees and agents thereof. In addition, each party is subject to the provisions of
Section 768.28, Fla. Stat. (1999).
B. If COUNTY fails to comply with any of the terms, conditions, provisions, or stipulations
of this Contract, DISTRICT may avail itself of any or all remedies provided in the
Contract and shall have the right and power to proceed in accordance with its provisions.
C. Each party shall also acquire and maintain throughout the term of this AGREEMENT
such general liability, automobile insurance, and workers' compensation insurance as
required by their current rules and regulations.
D. COUNTY hereby certifies to DISTRICT that the Work to be performed pursuant to this
AGREEMENT does not and will not infringe on any patent rights.
ARTICLE V - RESPONSIBILITIES OF COUNTY
A. COUNTY's Project Manager shall be James Davis or his designee.
B. All work authorized may be stopped by DISTRICT's Project Manager at any point,
which shall not result in loss of payment to COUNTY for services performed up to the
time the Work has ceased in accordance with this Contract. If COUNTY fails to perform
under terms of this Contract, DISTRICT may elect to have COUNTY cease work until
corrections are made at no additional cost to DISTRICT and with no allowance for
extension of time or to terminate if COUNTY fails or refuses to comply with the terms of
this AGREEMENT. Any action outside the Scope of Work initiated by COUNTY
without prior written authorization of DISTRICT's Project Manager will be at
COUNTY's expense.
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C. COUNTY certifies it is an independent contractor and not DISTRICT's employee, nor
are any of COUNTY's employees performing work under this AGREEMENT,
DISTRICT employees.
D. COUNTY is responsible for providing all funding required to complete the work beyond
the amount to be provided by DISTRICT under ARTICLE VI, Paragraph E, below.
E. It is understood that COUNTY will enter into a third -party agreement for completion of
the work included under the Scope of Services. All subcontracting will be accomplished
in accordance with Article XI — Subcontracting.
F. COUNTY agrees to include two DISTRICT representatives on all consultant selection
committees.
G. Through this AGREEMENT, COUNTY agrees to provide in the amount not to exceed,
forty thousand and no/100 dollars ($40,000), as matching funds for the development of
the East Indian River County Stormwater Management Plan for the Watershed within the
Indian River Farms Water Control District.
ARTICLE VI - RESPONSIBILITIES OF DISTRICT
A. DISTRICT's Executive Director designates Troy Rice or his designee as Project Manager
for purposes of directing COUNTY and maintaining coordination and review of the
work. The Project Manager shall have sole and complete responsibility to transmit
instructions, receive information, approve invoices, interpret and communicate
DISTRICT policies and decisions with respect to all matters pertinent to COUNTY's
services. The Project Manager and, as appropriate, other DISTRICT employees shall
meet with COUNTY as necessary to provide decisions for the duration of the Work, as
well as to review and comment on interim reports. No actions outside the Scope of Work
shall be initiated by COUNTY without prior written authorization of the project manager;
however emergency situations requiring action within less than twenty-four (24) hours
may be granted verbally by the Project Manager and followed up in writing within
seventy-two (72) hours.
B. DISTRICT shall be available to COUNTY to respond to questions regarding the project.
C. As is further specified in this AGREEMENT, DISTRICT shall provide timely reviews of
any and all invoices and deliverables related to this AGREEMENT submitted by
COUNTY.
D. Upon the satisfactory completion of the Work, DISTRICT will provide a written
statement to COUNTY accepting all deliverables.
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E. Through this AGREEMENT, DISTRICT agrees to provide in the amount not to exceed,
one hundred twenty thousand and no/100 dollars ($120,000), as matching funds for
development of the East Indian River County Stormwater Management Plan.
ARTICLE VII - DELIVERABLES
A. Deliverables: COUNTY shall deliver all services, products, and deliverables as stated in
the Contract.
B. REPORTS: COUNTY shall submit monthly reports to DISTRICT's Project Manager in
a form approved by the Project Manager. In addition to hard copies, all written
deliverables (reports, papers, analyses, etc.) shall be submitted in machine readable form
in formats consistent with DISTRICT's standard software products. DISTRICT's
standard office automation products include the Microsoft® Office Suite (WORD,
EXCEL, ACCESS, and POWERPOINT). Other formats may be accepted, if mutually
agreed upon by DISTRICT's Project Manager and Chief Information Officer.
ARTICLE VIII - FUNDING
A. This AGREEMENT is subject to the availability of funds from an annual appropriation
by the Florida Legislature to the Water Management Lands Trust Fund (WMLTF), as
provided for in Section 373.59, Fla. Stat., and Chapter 62-402, Fla. Admin. Code, for the
payment hereof. Should the project not be approved for funding by the WMLTF, or if
approved should funds sufficient to cover the costs of this AGREEMENT not be placed
into the WMLTF and be made available to DISTRICT, then this AGREEMENT shall be
null and void and DISTRICT shall not be obligated to COUNTY in any sum.
B. If, after the effective date of the AGREEMENT is established, should funding by the
WMLTF terminate, DISTRICT may terminate this AGREEMENT upon thirty (30) days
written notice to COUNTY and shall be liable only for such costs as actually incurred by
COUNTY up to the date of termination.
ARTICLE IX - COMPENSATION
A. Amount of Funding: For satisfactory performance of the Work outlined in the Contract,
DISTRICT agrees to pay COUNTY a sum in the amount not to exceed one hundred
twenty thousand and no/100 dollars ($120,000).
B. Invoicing Procedure: All invoices shall reference the Contract Number provided on the
first page of this AGREEMENT and shall be submitted to Director, Division of Financial
Management, P. O. Box 1429, Palatka, Florida, 32178-1429. COUNTY shalt submit
itemized monthly invoices based upon the actual work performed and shall bill as per the
Project Budget included in EXHIBIT "A" on a cost reimbursable basis for the actual
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work performed. Each invoice shall be submitted in detail sufficient for a proper pre -
audit and post -audit review and shall comply with the documentation requirements
described in Comptroller Memorandum, dated October 7, 1997, attached hereto and made
a part hereof as Exhibit `B." Invoices which do not correspond to the Project Budget will
be returned to COUNTY without action.
C. Payments: DISTRICT shall pay COUNTY one hundred percent (100%) of each
approved invoice within thirty (30) days of presentation. Payments due and unpaid under
this AGREEMENT shall not bear interest.
D. Release: COUNTY agrees that acceptance of the payment, shall be considered as a
release in full of all claims against DISTRICT or any of its members, agents, and
employees, arising out of, or by reason of, the Work done and materials furnished under
this AGREEMENT. Prior to, or in conjunction with final payment, DISTRICT shall
review and determine that COUNTY has fully and satisfactorily completed the required
Work under this AGREEMENT. If DISTRICT determines that COUNTY has complied
with the terms and conditions of this AGREEMENT, then acceptance of final payment by
COUNTY shall be considered as a release in full of all claims by DISTRICT against
COUNTY, or any of its members, agents and employees, arising out of, or by any reason
of, the Work to be done and materials furnished under this AGREEMENT.
ARTICLE X - OWNERSHIP OF DOCUMENTS
A. Ownership and copyright to all reports and all accompanying data (in all formats)
produced pursuant to this AGREEMENT shall be vested in DISTRICT and COUNTY.
COUNTY shall include language in all subcontracts which clearly indicates that
Ownership and Copyright to all materials produced pursuant to this AGREEMENT shall
remain with DISTRICT and COUNTY.
B. Any source documents or any other documents or materials developed, secured or used in
the performance of this contract shall be considered property of DISTRICT and shall be
safeguarded by COUNTY. The original documents or materials, excluding proprietary
materials, shall be provided to DISTRICT upon the expiration or termination of the
contract, as outlined in the scope of work, or upon request of DISTRICT.
ARTICLE XI - SUBCONTRACTING
A. COUNTY shall not sublet, assign, or transfer any work under this AGREEMENT
without the written consent of DISTRICT. When applicable, and upon receipt of such
consent in writing, COUNTY shall cause the names of the firms responsible for such
portions of the work to appear on the work.
B. COUNTY agrees to notify DISTRICT of all subcontracts not less than ten (10) calendar
days prior to the effective date of the subcontracts for approval purposes. COUNTY
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agrees to provide DISTRICT with an executed copy of all subcontracts within ten (10)
calendar days after the effective date of the subcontract.
C. COUNTY agrees to be responsible for the fulfillment of all work elements included in
the subcontracts and agrees to be responsible for the payment of all monies due under any
subcontract and hold DISTRICT harmless from any liability or damages arising under or
from any subcontract to the extent allowed by law. Nothing in this AGREEMENT shall
create any contractual relationship between any subcontractor and DISTRICT.
ARTICLE XII - CHANGES IN SERVICE REQUIREMENTS
DISTRICT and COUNTY may at any time, by mutual written agreement in the form of
an amendment to this AGREEMENT, make changes within the general scope of this
AGREEMENT in the services or work to be provided. Neither party to this AGREEMENT shall
unreasonably withhold consent to any written amendment to this AGREEMENT.
ARTICLE XIII - INTEREST OF COUNTY
Unless otherwise declared in an addendum, COUNTY certifies that no officer, agent, or
employee of DISTRICT has any material interest (as defined in Chapter 112, Fla. Stat., as
amended) either directly or indirectly, in the business of COUNTY to be conducted here, and
that no such person shall have any such interest at any time during the term of this
AGREEMENT.
ARTICLE XIV - CANCELLATION
Each party to this AGREEMENT reserves the right to unilaterally cancel this
AGREEMENT for refusal by the other party to allow public access to all documents, papers,
letters, or other material related to this AGREEMENT and subject to the provisions of Chapter
119, Fla. Stat., as amended.
ARTICLE XV - AUDIT: ACCESS TO RECORDS
A. COUNTY agrees that DISTRICT or its duly authorized representatives shall, until the
expiration of three (3) years after expenditure of funds under this AGREEMENT, have
access to examine any of COUNTY's books, documents, papers, and records involving
transactions related to this AGREEMENT. COUNTY agrees that payment(s) made
under this AGREEMENT shall be subject to reduction for amounts charged which are
found on the basis of audit examination not to constitute allowable costs.
B. COUNTY shall refund by check, payable to DISTRICT, the amount of any reduction of
payments. All required records shall be maintained until an audit has been completed
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and all questions arising from it are resolved or until three (3) years after completion of
the Work and submission of a final invoice, whichever is sooner. COUNTY will provide
proper facilities for access to and inspection of all required records.
ARTICLE XVI - ASSIGNMENT
COUNTY shall not assign the Contract or sublet it as a whole without the written consent
of DISTRICT nor shall COUNTY assign any moneys due or to become due to it hereunder,
without the previous written consent of DISTRICT.
ARTICLE XVII - CIVIL RIGHTS
Pursuant to Chapter 760, Fla. Stat., COUNTY shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin,
age, handicap or marital status.
ARTICLE XVIII - CONFLICTING EMPLOYMENT
COUNTY agrees that at the time of execution of this Contract it has no retainer or
employment AGREEMENT, oral or written, with any third party relating to any matters which
adversely affect any interest or position of DISTRICT. COUNTY shall not accept during the
terms of this Contract any retainer or employment from a third party whose interests appear to be
conflicting or inconsistent with those of DISTRICT.
Notwithstanding the foregoing paragraph, COUNTY may accept retainers from or be
employed by third parties whose interests appear conflicting or inconsistent with those of
DISTRICT if, after full written disclosure of the facts to DISTRICT, DISTRICT determines that
the apparent conflict shall not interfere with the performance of the Work by COUNTY.
ARTICLE XIX - NON -LOBBYING
Pursuant to Section 216.347, Fla. Stat., COUNTY hereby agrees that monies received
from DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or
any other state agency.
ARTICLE XX - TERMINATIONS
A. Termination for Default: This AGREEMENT may be terminated in whole or in part in
writing by either party in the event of substantial failure by the other party to fulfill its
obligations under this AGREEMENT through no fault of the terminating party, provided
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that no termination may be effected unless the other party is given: (1) not less than ten
(10) calendar days written notice delivered by certified mail, return receipt requested, and
(2) an opportunity for consultation with the other party prior to termination.
B. Termination for Convenience: This AGREEMENT may be terminated in whole or in part
in writing by either party provided that the other party is given: (1) not less than thirty
(30) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate, and (2) an opportunity for consultation prior to termination.
C. If termination for COUNTY's default is effected by DISTRICT, an equitable adjustment
in the price provided for in this AGREEMENT shall be made, but (1) no amount shall be
allowed for unperformed services, and (2) any payment due to COUNTY at the time of
termination shall be adjusted to cover any additional costs to DISTRICT because of
COUNTY's default. If termination for DISTRICT's default is effected by COUNTY, or
if termination for convenience is effected by DISTRICT, the equitable adjustment shall
provide for payment of all services, materials, and costs, including prior commitment
incurred by COUNTY up to the termination date.
D. Upon receipt of a termination action under paragraphs "A" or "B" above, COUNTY
shall:
(1) Promptly discontinue all affected work (unless the notice directs otherwise), and
(2) deliver or otherwise make available all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as may have been
accumulated by COUNTY in performing this AGREEMENT, whether completed
orin process.
E. Upon termination under Paragraphs "A" or `B" above, DISTRICT may take over the
work or may award another party a contract to complete the work.
F. If, after termination for failure of COUNTY to fulfill contractual obligations, it is
determined that COUNTY had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of DISTRICT. In such event, the
adjustment of compensation shall be made as provided in Paragraph "C" of this section.
ARTICLE XXI - GOVERNING LAW
This AGREEMENT shall be construed and interpreted according to the laws of the State
of Florida.
ARTICLE XXII - CONSTRUCTION OF AGREEMENT
This AGREEMENT shall not be construed more strictly against one party than against
the other merely by virtue of the fact that it may have been prepared by counsel for one of the
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parties, it being recognized that both parties, DISTRICT and COUNTY, have contributed
substantially and materially to the preparation hereof.
ARTICLE XXIII - ENTIRE AGREEMENT
This AGREEMENT upon execution by COUNTY and DISTRICT, and the contract
documents constitute the entire Agreement of the parties. The parties are not bound by any
stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted
in this AGREEMENT. COUNTY agrees that no representations have been made by DISTRICT
to induce COUNTY to enter into this AGREEMENT other than as expressly stated by this
AGREEMENT. This AGREEMENT cannot be changed orally, nor by any means other than
written amendments referencing this AGREEMENT and signed by all parties.
IN WITNESS WHEREOF, the ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT has caused this contract to be executed in its name by its Executive Director and
INDIAN RIVER COUNTY has caused this contract to be executed in its name by its duly
authorized representatives, and, if appropriate, has caused its seal to be attached, all on the day
and year first above written.
ST. JOHNS RIVER WATER INDIAN RIVER COUNTY
MANAGEMENT DISTRICT
By: By:
Henry", Executive Director
Fran B. Adams, Chairman
Typed Name and Title
BCC Approved: October 10, 2000
Attest: J.K. BARTON eke �K
Typed N e d Title
APPROVED BY OFFICE OF GENERAL COUNSEL
John W. Williams, Deputy General Counsel
St. Johns River Water Management District
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EXHIBIT "A" — SCOPE OF WORK
DEVELOPMENT OF THE EAST INDIAN RIVER COUNTY
STORMWATER MANAGEMENT PLAN FOR THE WATERSHED
WITHIN THE INDIAN RIVER FARMS WATER CONTROL DISTRICT
I. PROJECT SUMMARY
This project will prepare a master stormwater management plan for the east Indian River
County -Indian River Lagoon (IRL) watershed located between the one mile Atlantic coastal
ridge and the 10 mile Atlantic coastal ridge (I-95) within the Indian River Farms Water Control
District (IRFWCD). This work accomplished under this agreement (and initial funding) will
focus on the 21,720 -acre watershed area of the Main Canal basin and 20,000 acre South Relief
Canal basin within the water control district.
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The purpose of this scope of services is to outline the major components required to develop a
stormwater master plan for the described project area. This master plan will include alternatives
for providing improvements to water quality and flood control within the watershed, natural and
recreational areas which may be incorporated into regional retention areas, water reuse, and
related public education and information needed for a National Pollutant Discharge Elimination
System (NPDES) compliance program.
This project will address the problems, which impact the quality of the IRL system. The highest
pollutant loadings in the South Central IRL segment occur in the IRFWCD sub -basins, due to the
characteristics of this urban built -out area which utilizes extensive ditching and canal systems
draining to the Lagoon. Excessive fresh water/untreated stormwater runoff is discharged from
the watershed into the surface water ecosystem. This excessive slug of freshwater reduces
salinity in the lagoon, causes siltation of seagrass beds, and pollutes the estuarine environment.
The classification of the receiving water body is Class III —Waters of the State near the Vero
Beach area and Florida Outstanding Waters.
Hydrologic and hydraulic design alternatives recommended for stormwater storage, flood
attenuation and treatment for water quality will strive to achieve, where feasible, a 50% or
greater reduction in pollutant loads to the IRL and a significant reduction of fresh water
discharges will be targeted.
II. GENERAL DESCRIPTION OF PROJECT
Between the one mile Atlantic coastal ridge and Interstate I-95 (Ten Mile Ridge) within Indian
River County lies the IRFWCD (Chapter 298, Fla. Stat., Drainage District) watershed area. This
approximate 50,000 acre watershed includes almost all of Township 33 South, Range 39 East;
Sections 4-9, 15-22, 27-35 in Township 32 South, Range 39 East; and Sections 1-5, 9-15, 22-27,
34-36, in Township 33 South, Range 38 East (see attached map labeled Exhibit "A" and "A-1").
IRFWCD's boundaries extend from CR 510 in Wabasso at its northern extent to 112'h Avenue in
Vero Beach at the western extent and 25`h Street SW, the boundary of St. Lucie County, at its
southern extent. The one -mile coastal ridge provides the eastern extent of IRFWCD's boundary.
The IRFWCD is a long established Chapter 298 drainage district in Indian River County,
incorporated in May 1919. IRFWCD's primary concerns are drainage, water conservation,
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irrigation, and flood protection. The Drainage District has jurisdiction of over 300 miles of
drainage canals. Three primary outfalls, the Main Relief Canal, the North Relief Canal and the
South Relief Canal, discharge approximately 100 million gallons of runoff over the watershed
area into the IRL during an average day.
Under the agreement, a Master Stormwater Management Plan will be developed, and will be
comprised of retention/detention ponds, wetland treatment systems or other effective systems, all
connected to the drainage area of the Main Relief Canal and/or South Relief Canal of the
IRFWCD canal system, which will reduce flooding and remove stormwater pollutants. In
addition, a NPDES compliance program will be provided. Subsequent master planning will
address the North Relief Canal.
The watersheds of the Main Relief Canal and the South Relief Canal are generally urbanized in
the eastern one-third of the watershed and primarily agricultural in the western portion of the
watershed. A large area in the central portion of the watersheds is designated 100 -year
floodplain on FEMA maps, as proposed by Gee and Jenson Engineers in the late 1980s. Various
lateral canals accept runoff from east -west sub -laterals spaced at one-half mile intervals. The
topography is of low relief.
The runoff is stored or attenuated within the 100 -year floodplain boundary prior to the outfalls
being able to discharge it. Flooding occurs within the 100 -year floodplain in localized areas.
Older developments within approximately 15% of the 50,000 acre watershed provide minimal or
no water quality treatment. The discharge of freshwater runoff degrades the quality of the
brackish estuarine environment, increases suspended solid loadings in seagrass areas, and
pollutes the IRL.
The project will be a cooperative effort between the St. Johns River Water Management District,
Indian River County, IRFWCD, and the City of Vero Beach. In addition, Environmental
Consulting & Technology, Inc. (ECT), will assist in the modeling effort. ECT is working under
the direction of Calpine Corporation, a proposed for profit provider of energy in Indian River
County.
III. PROJECT TASKS
Task No. 1— Data collection and preliminary modeling by ECT
I -A. Data Collection/InventotyofSystem
An investigation of existing field data, including known elevations of all necessary
control structures, canal cross-sections, canal profile, and physical attributes of the
primary IRFWCD outfall system shall be performed by COUNTY and Carter and
Associates. This data will be given to ECT and used in the computer model developed
by ECT in task 1-B outlined below. If needed, additional as -built data shall be obtained
by the Consultant and input into the model at a later date by DISTRICT. Topographic
information of the watershed shall be obtained from existing sources.
I -B ECT will convert the version 3 SWMM model, originally developed by Williams,
Hatfield, and Stoner, to the most current version of the SWMM model to be used by
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DISTRICT to model the IRFWCD. On December 31, 2000, the model will be complete
and delivered to DISTRICT for master planning development. Development of the plan
shall include maximum use of all available data, including previously completed and
ongoing stormwater studies within the project area.
I -C Preliminary development of alternatives:
A steering committee, consisting of COUNTY, IRFWCD, the City of Vero Beach and
DISTRICT, shall be formed to provide oversight of the master planning processes
described in this document. The committee shall meet when required to track progress of
the master plan and provide guidance in the stormwater improvement alternative plan
development. Upon request from the committee, the Consultant shall attend committee
meetings. The major task of the committee will be to discuss stormwater improvement
alternatives for the watershed. From these discussions, a list of possible properties
suitable for regional stormwater treatment facilities within the watershed area shall be
developed by the committee and documented by the Consultant.
I -D Agency Coordination (by Consultant)
Initial workshop liaison with the following agencies is required:
Indian River Fauns Water Control District
St. Johns River Water Management District
Florida Department of Environmental Protection
US Army Corps of Engineers
Indian River County Environmental Planning
Indian River County Utilities Dept.
Indian River County Public Works Dept.
Florida Game and Freshwater Fish Commission
US Fish and Wildlife Service
Indian River County Soil and Water Conservation District
USDA — Natural Resources Conservation Service (NRCS)
Indian River County Stormwater Working Group
City of Vero Beach Public Works
Indian River County Mosquito Control District
Indian River Lagoon National Estuary Program
Indian River County Parks & Recreation Committee
Pelican Island Audubon Society
Task No. 2, Compilation of the data:
The data required for the models developed by ECT and DISTRICT shall be compiled into a
report by the Consultant. Mapping and Inventories of the IRFWCD drainage system shall be
included in the report. Mapping and inventories developed will be compatible with COUNTY's
computer system AUTOCAD Release 15 or mapping and inventories shall be prepared utilizing
existing digital mapping and Geographic Information Systems (GIS-Arcinfo and ArcView) data
available from COUNTY and DISTRICT. Mapping for the basin shall be developed showing:
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o Basin and Sub -Basin Boundaries with Acreage's delineated
o Basin/Sub-Basin Identification Number
• Hydrography
• Channel cross sections within major flow ways
• Structure Location and Identification Number
Q Existing and Future Land Use
• USDA-NRCS Soil Type
• Wetland delineations (Based for Existing Available Land Use Land Cover Data)
® Corporate Boundaries
Inventory of drainage structures and basin network by the Consultant for detailed study reaches
shall include the following parameters:
• Structure Identification Number
Structure Type and Size
• Channel Flow Length to Next Structure
The existing stormwater management facilities, within each basin, including manmade facilities
(i.e., constructed retention and detention areas and conveyances) and natural facilities (i.e.,
wetlands, waterways, and lakes), will be inventoried from existing permit data by the Consultant
and included in the modeling by ECT and the St. Johns River Water Management District. The
size of the facility, the size of the contributing watershed and hydrological characteristics will
characterize the stotmwater management facilities.
Environmental assessment of existing wetland habitat conditions along the canal corridors shall
be studied and documented in detail. The potential for recreation, enhancement and preservation
or conservation of wetland habitat areas shall be included in the assessment. The created
wetland at COUNTY's Wastewater Treatment Facility may be studied as an example.
Indicate known presence of any rare, unique, threatened or endangered plant or animal species
and provide requirements and recommendations associated with proposed improvements for
protecting these species within the Master Plan Area.
The report, maps, and inventory shall be completed by the Consultant and submitted to the
steering committee by December 31, 2000.
Task No. 3 — Modeling of the drainage system for existing and future conditions:
3-A The conversion of the version 3 SWMM model to the most current version of the
SWMM model (Visual SWMM model) and all existing available data shall be evaluated
by DISTRICT to identify any problems with the model or missing data necessary to the
study. Additionally, conflicting data will be identified. Missing or conflicting data will
be evaluated to determine the appropriate method of obtaining the needed data or
resolving conflicts. Following completion of the model conversion by ECT, a
coordination meeting will be scheduled with COUNTY, IRFWCD, and DISTRICT to
discuss the model conversion and to obtain input from COUNTY and IRFWCD
concerning the modeling.
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3-13 Technical Analysis -Existing System — The information provided in Task 2 by the
- Consultant and the model developed by ECT will be utilized by DISTRICT in the
modeling of the IRFWCD drainage system. Existing conditions and future conditions
j (Year 2020) shall be modeled by DISTRICT. The models shall simulate actual existing
storage and runoff conditions using the SWMM model.
Calibration and verification of the runoff model shall be completed by comparing the
flows generated by the model with recorded data from historic storm events, results of
previous studies of the basin, results from studies or data from similar watershed in the
area, and recorded hydrologic data from the gauging program in progress in Indian River
County.
Flow rates and water -surface profiles for existing and one future land use scenario shall
be obtained using the SWMM model. The future scenario shall include the year 2020
Future Land use map from the comprehensive plan. The modeling will include the
following storm events:
• 2 -Year, 24 Hour
• 5 -Year, 24 Hour
• 10 -Year, 24 Hour
• 25 -Year, 24 Hour and
• 100 -Year, 24 Hour
Development of runoff hydrographs for future land use conditions shall estimate
attenuation of peak rates of runoff for new development required in accordance with
current regulations.
The water quality portion of the SWMM model shall include average annual pollutant
loadings to the IRL, pollutant loading rates for specific land uses, and pollutant removal
efficiencies for typical stormwater treatment systems.
DISTRICT modeling shall include a pollutant -loading model for at least the following
parameters:
• Total nitrogen
• Total phosphorus
j • Orthophosphorus
• Suspended solids
• TSS
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The model prepared by DISTRICT shall be updated as necessary to calculate average
annual pollutant loadings for future land use in the basin. Calculations by DISTRICT
shall take into account pollutant removal efficiencies of stormwater treatment facilities
for major developments permitted after 1980, which is the effective date of stormwater
treatment facilities requirements. Calculated results shall be compared with similar prior
studies and existing water quality data for consistency.
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For the NPDES Stormwater Compliance Report the Consultant shall model for the
following parameters:
• BOD
• Total lead
• Total zinc
• Total coliform
3-C Interim Report (by Consultant)— DISTRICT will submit the results of the existing
conditions SWMM modeling to the Consultant for preparation of a report. A technical
interim report, summarizing model calibration and verification procedures and existing
water quantity and water quality analysis shall be prepared and submitted to the Steering
committee for review. Water quantity and water quality conditions and levels of service
(LOS) under existing land use conditions shall be assessed. This assessment shall include
application of the LOS criteria to identify those areas where the existing system does not
include consideration of known drainage; flooding or water quality problems determined
through the investigations and reconnaissance of Task 1 and 2. The 100 -year floodplain,
based on existing use conditions, shall be delineated on the appropriate topographic maps
and included as an overlay as COUNTY'S computer mapping system. Ten (10) copies of
the report shall be submitted to COUNTY with additional copies provided to DISTRICT,
IRFWCD, and the City of Vero Beach. The Steering committee shall work with the
Consultant to prepare graphic displays identifying the basin, 100 -year floodplain, and
problem areas for the public information meeting. The steering committee shall work
with the Consultant to prepare a handout summarizing the results of the study.
Task 4 — Evaluation of alternatives:
4-A Results from the previously completed SWMM model, outlined in the interim report
from Task 3C, shall be used by the Steering committee to determine design alternatives
for the regional stormwater improvements. Based on recommendations from the steering
committee, DISTRICT will provide conceptual designs for the alternatives selected and
model the alternatives with the developed SWMM model. .
The Consultant shall provide supporting information and drafting assistance for the
conceptual design. The supporting information may include survey information required
for the conceptual design of the proposed alternatives. The SWIM modeling of the
alternatives shall analyze each alternative's affect on hydraulic parameters (flow rates
and flood stages) and water quality parameters. Expected reductions in pollutant
loadings shall be calculated for each of the proposed alternatives. The alternatives shall
also be modeled for future land use in the basin. Calculations shall take into account
pollutant removal efficiencies of stormwater treatment facilities required for new
developments under current stormwater treatment regulations.
Development of the alternatives will follow the following guidelines. Gravity flow is
first priority. However, pumping shall be utilized if pumping provides the most
economical and effective alternative. Regional stormwater treatment systems will be
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incorporated into a park setting, which includes passive recreational and educational
facilities. An emphasis will be placed on providing regional treatment systems, which
utilize a treatment train approach for stormwater treatment.
Water Supply Supplement Analysis — The selected stormwater improvement plans in
Task 4- shall be evaluated on a conceptual qualitative level in terms of providing an
alternative or supplemental freshwater supply source and enhancement of COUNTY's
wastewater reuse program. The evaluation will include consideration of the objectives of
the Indian River County Utilities Department, Wastewater Reuse Master Plan.
4-B Alternative Development — DISTRICT shall provide the Consultant with the results of
the SWMM modeling of the stormwater improvement alternatives. After public input,
and input from the Steering committee, the Consultant will proceed with a feasibility
study for selected alternatives. The steering committee shall determine which
alternatives are selected for further investigation and design by the Consultant. The
Consultant shall develop, based on the conceptual alternatives modeled by DISTRICT
and the alternatives selected by the steering committee, a feasibility study for each of the
alternatives. The Consultant's feasibility study shall include an analysis of benefits
provided by each alternative to flood relief, water quality improvement, and reductions in
freshwater discharges into the IRL, and a conceptual evaluation of alternative or
supplemental freshwater supply source and enhancement of COUNTY's wastewater
reuse program. The Consultant shall also analyze potential environmental permitting
issues for each of the alternatives. A cost analysis shall be provided by the Consultant for
each of the design alternatives. The cost analysis shall include the land acquisition cost,
permitting costs, cost of construction, and long term maintenance cost for each of the
alternatives. If lowering the groundwater elevation is proposed in an alternative, the
feasibility shall consider permitting complications and effect on surrounding properties.
Alternatives shall be ranked and preliminary cost estimates provided. The list of all
ranked alternatives will be provided by the Consultant to DISTRICT Land Acquisition
Department for further investigation regarding acquisition of properties.
4-C After completion of the alternative, feasibility study, a project kickoff meeting will be
held with COUNTY's staff, DISTRICT staff, IRFWCD staff, and interested parties.
Pubic workshops will be conducted to present the results of Tasks 1-3 and to receive
public input on the alternative development report by the Consultant.
4-D Detailed Design & Permitting — Under a future amendment to this scope of work, the
Consultant may be requested to prepare final design, construction specifications and final
construction cost estimates on selected alternatives.
Task No. 5 — Master Plan Report
5-A Comprehensive Master Basin Plan Report:
Prepare Draft Report and Review with COUNTY Staff and DISTRICT
A draft Comprehensive Master Basin Plan Report shall be prepared with ten (10) copies
submitted to COUNTY and copies provided to both DISTRICT and IRFWCD for staff
review and comments.
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Contract #SD624AA
Present Selected Alternatives at Public Information Meetine
Graphic displays and handout summary shall be prepared for a public information
meeting
Prepare Executive Summary to Present to Board of County Commissioners
An Executive Summary and graphic displays shall be prepared, for presentation to
COUNTY, Board of County Commissioners (BOCC) and the IRFWCD Board of
Supervisors.
Prepare and Submit Final Report (15 copies)
A final report addressing COUNTY, IRFWCD, and DISTRICT staff review comments
and comments from the public, IRFWCD Board of Supervisors and BOCC shall be
prepared. The final report will explain study methods and objectives, summarize the
findings for proposed water quality and flood control improvements with maps and
sketches to describe the recommended plan. The report shall be based on the following
general outline.
Basin Master Plan Example Report Outline
Section 1 Executive Summary
Section 2 Introduction
Technical Appendices
Appendix A Basin and Sub -Basin Inventory
Appendix B Hydrologic and hydraulic Modeling
Appendix C Water Quality Modeling
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2.1
Purpose
2.2
Authorization
2.3
Coordination with Federal, State & Local Agencies
Section 3
Background
3.1
Historic Flooding, water quality data, and system characteristics
3.2
Prior Studies
3.3
Previous Improvements
Section 4
Investigation Methods
4.1
Data Sources
4.2
Computer Modeling
Section 5
Master Plan Goals
5.1
Level of Service Objectives
5.1.1
Water Quantity Objectives
5.1.2
Water Quality Objectives
5.2.1
Water Quantity Deficiencies
5.2.2
Water Quality Deficiencies
Section 6
Alternative
Solutions to Upgrading Level of Service
6.1
Conceptual Alternatives Investigated
6.2
Alternatives Selected for Detailed Hydrologic and Hydraulic
Investigation
6.3
Recommended Alternative for Preliminary Design
Section 7
Conclusion
Technical Appendices
Appendix A Basin and Sub -Basin Inventory
Appendix B Hydrologic and hydraulic Modeling
Appendix C Water Quality Modeling
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Task 6 — NPDES Compliance Report
6-A Information collected during the master planning effort that satisfies NPDES Stormwater
permitting requirements will be compiled into a separate report. Initially the report will
address EPA's six required program elements. When implemented in concert, these six
control measures are expected to result in significant reductions of pollutants discharged
into receiving water bodies.
6-B Additionally, this NPDES Stormwater Compliance Report will identify the recommended
best management practices (BMPs) in the water control district and outline a plan for
annually evaluating the effectiveness of the implemented BMPs. Effectiveness is in
terms of reducing the discharge of pollutants from the stormwater system to the
"maximum extent practicable" and in terms of protecting water quality.
SIX MINIMUM CONTROL MEASURES
Public Education and Outreach
Distributing educational materials and performing outreach activities to inform
citizens about the impacts polluted storm water runoff discharges can have on
water quality.
Public Participation/Involvement
Providing opportunities for citizens to participate in program development and
implementation, including effectively publicizing public hearings and/or
encouraging citizen representatives on a storm water management panel.
Illicit Discharge Detection and Elimination
Developing and implementing a plan to detect and eliminate illicit discharges to
the storm sewer system (includes developing a system map and informing the
community about hazards associated with illegal discharges and improper
disposal of waste).
Construction Site Runoff Control
Developing, implementing and enforcing an erosion and sediment control
program for construction activities that disturb one or more acres of land (controls
could include for example, silt fences and temporary storm water detention
ponds).
Post -Construction Runoff Control
Developing, implementing and enforcing a program to address discharges of post -
construction stormwater runoff from new development and redevelopment areas.
Applicable controls could include preventative actions such as protecting
sensitive areas (e.g., wetlands) or the use of structural BMPs such as grassed
swales or porous pavement.
Pollution Prevention/Good Housekeeping
Developing and implementing a program with the goal of preventing or reducing
pollutant runoff from municipal operations. The program must include municipal
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Contract #SD624AA
staff training on pollution prevention measures and techniques (e.g., regular street
sweeping, and reduction in the use of pesticides or street salt or frequent catch
basin cleaning).
Task 7 — (Optional - Future) Expansion of Scope
COUNTY and/or City of Vero Beach may expand the study boundaries to include
additional watersheds within the County/City if so desired. Additional modeling,
alternative development and NPDES compliance may be necessary as an addendum to
this Scope.
III. PROJECT SCHEDULE
Task
Begin Date
End Date
Task 1— Data Collection and Preliminary Modeling
Oct 20, 2000......
Dec 31, 2000
Task 2 — Compilation of the Data
Oct 20, 2000......Dec
31, 2000
Task 3 — Modeling of the Drainage System for
$
1,000
Existing & Future Conditions
Jan 01, 2001......
Feb 28, 2001
Task 4 — Evaluation of Alternatives
Mar 31, 2001
..... Jun 30, 2001
Task 5 — Master Plan Report
JUI 01, 2001.......
Aug 31, 2001
Task 6 — NPDES Compliance Report
Jul O1, 2001.......Oct
31, 2001
Task 7 — Additional Modeling/Altemative Development
To Be Determined
IV. PROJECT BUDGET
PROJECT TASKS
FUNDING SOURCE
COUNTY
DISTRICT
TOTAL
Task 1 — Data Collection
$
1,000
$
9,000
$ 10,000
Task 2 — Compilation of Data
$
8,000
$
15,000
$ 23,000
Task 3 — Modeling Conditions
$
7,000
$
25,000
$ 32,000
Task 4 — Evaluation of Alternatives
;
3,000
$
52,000
$ 55,000
Task 5 — Master Plan Report
$
1,000
$
19,000
$ 20,000
Task 6 — NPDES Compliance Report
$
20,000
$
0
$ 20,000
Task 7 — Add'] Modeling/Altemative Devel.
TBD
TBD
TBD
TOTAL PROJECT COST
$
40,000
$
120,000
$ 160,000
TBD — To Be Determined.
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CALPTNE EASTERN
August 25, 2000
James W. Davis, P.E.
Public Works Director
Indian River County
1840 25th Street
Vero Beach, FL 32960
Subject: Hydrodynamic Computer Stormwater Model
Dear Mr. Davis:
'ER'II 1111BAN CENIRE
4fl411 N't:.ti'I' KENNEDY BIND.
til'I I E 61N1
I VNIPA. FLORIDA 3:1699
AUG 2 8 2000
PUBLIC to
DEPT
As we are aware, the Indian River County Master Stormwater Management Plan is currently
under development and will address the necessity and desirability to reduce the flow of fresh
water flow and pollutant loading from upland runoff into the Indian River Lagoon. This Master
Stormwater Plan covers the east Indian River County -Indian River Lagoon watershed located
between the one mile Atlantic Coastal Ridge and the ten mile Atlantic Coastal Ridge which
discharges 100 million gallons of water per day into the Indian River Lagoon.
Calpine Corporation (Calpine) is developing the 1080 MW Blue Heron Energy Center (Blue
Heron) in Indian River County. This electrical generating facility will require approximately six
to eight million gallons of water per day for cooling purposes, which is approximately 6% to 8%
of the total discharge from the aforementioned watershed. The Blue Heron water team,
including representatives of Indian River County (County), the City of Vero Beach (City), and
the Indian River Farms Water Control District (Water Control District), working in close
coordination with the St. Johns River Water Management District (SJRWMD), has developed the
water supply plan for Blue Heron. The water supply plan is based on the withdrawal of storm
water from the Water Control District canal system to be utilized at Blue Heron for cooling
purposes. The overall objectives of providing cooling water to Blue Heron Energy and reducing
the flow of fresh water into the Indian River lagoon align very well, both of which will be
addressed via the Blue Heron water plan.
Calpine is in the process of preparing the water budget for Blue Heron and performing the
computer aided hydrodynamic stormwater modeling. 'The scope of the Calpine modeling effort
will address the needs and concerns of Indian River County, Indian River Farms Water Control
District, the City of Vero Beach and the St. John's River Water Management District regarding a
reduction in the flow of fresh water into the lagoon, while focusing on the objectives of
providing cooling water to Calpine's Blue Heron Energy Center. The modeling effort will be
completed by December 31, 2000 to support the development of the Master Stormwater Plan in
accordance with the schedule established by the SJRWMD. A Modeling Working Group (MWG),
composed of representatives of CALPINE/Environmental Consulting & Technology, Inc. (ECT),
the CITY, COUNTY WATER CONTROL DISTRICT, and SIRWMD, will be assembled to
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August 25, 2000
Page 2
oversee the modeling effort, with each party providing specific input as delineated in the tasks
below.
Task 1. Data Collection and System Inventory.
CALPINE/(ECT) will collect existing data and inventory information relevant to updating the
storm water model, including:
o All input data used to prepare the Version 3 SWMM model;
o Hydrologic data;
o Water quality data;
o Meteorological data;
o Topographic data;
o Land use data;
o Hydraulic structures inventory; and
o Existing reports.
Task 2. Model Selection.
The Water Control District, through its consultants Carter Associates, Inc. (CAI)/Williams,
Hatfield, and Stoner, Inc., conducted a storm water management model in 1988, using SWMM
version 3 for the entire Water Control District watershed area. The original model input data is
available. CALPINE/ECT will construct a hydrodynamic model for the entire interconnected
canal system using the latest Version 4 SWMM model. This model is capable of both flood
routing and runoff quality simulations. Modeling the canal system in this fashion, in addition to
producing a better engineering analysis, will give the County, City, Water Control District,
Calpine and SJRWMD the broadest base from which future modeling efforts can be expanded.
The most current version of the SWMM model will be used in conjunction with a Windows
graphical interface, the Visual Hydro, which was developed by Robert Dickinson, the co-author
of the SWMM model.
Task 3. Model Setup and Testing.
Utilizing the existing SWMM data files from the 1988 CAI study, CALPINE/ECT will compile and
convert data files into the current version of Visual Hydro and test -run the model. Comparison
of results will give indication of potential differences between SWMM 3 and Visual Hydro
models. CALPINE/ECT will pay all software and licensing fees associated with this Task 3.
Task 4. Hydrologic/ Hydraulic Model Setup and Simulations.
Due to the hardware/software limitations in 1988 when CAI used the SWMM model, the canal
network was simplified and was represented by a limited number of equivalent channels. This
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James W. Davis, P.E.
August 25, 2000
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equivalent channel approach is not appropriate for the Blue Heron modeling or the County's
stormwater master plan modeling. CALPINE/ECT will refine the Visual Hydro model to include
detailed physical configurations (connecting culverts, actual reach sections, etc.) to replace the
previously simplified equivalent channels. CALPINE/ECT will update the land use for the Visual
Hydro Model to represent a higher level of resolution for the various usages. Such resolution
shall be consistent with the level of detail contained in the GIS and other land use and canal
configuration data provided by the CITY, COUNTY and WATER CONTROL DISTRICT. (The
required Water Control District data will be provided by Carter and Associates under separate
agreement with Calpine/ECT.) The CITY, COUNTY and WATER CONTROL DISTRICT shall
provide the required data within the schedule previously established by the MWG. In the event
such data has not been timely provided, CALPINE/ECT will proceed with the modeling efforts
based on the information available at the time. Calibration of the hydrologic/hydraulic model
will be conducted. The refined and calibrated model will then be ready for use by the County,
City, Water Control District and SJRWMD to model their respective proposed water
management scenarios.
Task S. Water Quality Modeling.
Similar to hydrologic modeling task, water quality modeling will be conducted. CALPINE/ECT
will use Event Mean Concentration (EMC) calculations to model water runoff quality. The EMC
calculations will include the following constituents: total nitrogen, total phosphorus,
orthophosphorous, BOD, suspended solids, total lead, total zinc, total coliform, and TDS. The
water quality transport will be implemented in the EXTRAN block to simulate water quality in
the canal system and at the outfalls. The water quality transport model will then be ready for
use by the County, City, Water Control District and SJRWMD to model their respective proposed
water management scenarios.
Task 6. Model Delivery
Upon completion of the modeling efforts, CALPINE/ECT will provide the following information
to the City, County and Water Control District:
o Database and inventory;
o Methodology;
o Model segmentation;
o Hydrologic and hydraulic calibration; and
o Water quality model setup.
A copy of the model inputs and database will be delivered by CALPINE/ECT to the County,
City, Water Control District and SJRWMD, for future use. CALPINE/ECT will provide a one -day
training workshop for the County, City, and Water Control District staff and/or County's selected
consultant on the operation of the developed model. The COUNTY, CITY, and WATER
CONTROL DISTRICT will be responsible for obtaining registered licenses and users' manuals
for their respective use of the Visual Hydro software.
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James W. Davis, P.E.
August 25, 2000
Page 4
Task 7. Project Coordination Meetings
It is intended that project coordination meetings will be held approximately every three weeks.
These meetings will include information exchange and updates to and between CALPINE/ECT,
the COUNTY, CITY, WATER CONTROL DISTRICT, and SJRWMD on project progress,
assumptions, changes, etc.
Relationship to IRC Scope of Work for Storm Water Management Plan
The Calpine/ECT scope of work listed herein includes portions of task items included in the
scope of work proposed for the IRC Stormwater Management Plan project (as revised).
Specifically, these include;
Phase I Task 1-A. Data Collection/ Inventory of System.
Task 2-C. Inventory of drainage structures and basin network.
Task 3-A. Hydrodynamic Computer Model.
Task 3-B. Calibration/Verification of Hydrodynamic Computer Model.
Task 3-D. Calculate Pollutant Loading.
Project Schedule
All tasks will be completed by December 31, 2000.
Calpine represents that it does not possess the power of eminent domain under state or federal
law and that, if it ever does possess such power, any right to exercise such power relative to
any part of the stormwater system operated by the County, City and/or Water Control District is
expressly waived and shall not be used or effective against the County, City or Water Control
District.
We at Calpine are very appreciative of the warm reception and spirit of cooperation we have
received from Indian River County, the City of Vero Beach and the Indian River Farms Water
Control District. This coordinated water plan is a wonderful example of the symbiotic
relationship developing between our organizations.
Very truly yours,
Timothy R. Eves
Director, Business Development