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HomeMy WebLinkAbout2000-308Contract #SD624AA 6 V ._3 U �? 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 Page I of 19 Contract #SD624AA 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. Page 2 of 19 LJ 40 Ell Contract #SD624AA 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. Page 3 of 19 Contract #SD624AA 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 Page 4 of 19 D Contract #SD624AA 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 Page 5 of 19 40 400 4b Contract #SD'u24AA 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 Page 6 of 19 i 410 4b 0 Contract #SD624AA 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 Page 7 of 19 171 Contract #SD624AA 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 Page 8 of 19 Ic Contract #SD624AA 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 Page 9 of 19 40 4b Contract #SD624AA 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. i 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, Page 10 of 19 40 Contract #SD624AA 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 Page 11 of 19 s w 40 Contract #SD624AA 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: Page 12 of 19 Contract #SD624AA 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. Page 13 of 19 I In 40 ®► Contract #SD624AA 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 I 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. Page 14 of 19 L 40 40 40 Contract #SD624AA 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 Page 15 of 19 M 0 40 Contract #SD624AA 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. Page 16 of 19 ('W') 40 Q.: � 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 Page 17 of 19 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 Page 17 of 19 Ii Contract #SD624AA 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 Page 18 of 19 do • i 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. Page 19 of 19 • 40 0 J 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 • tJ v ® James W. Davis, P.E. 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 • J 40 James W. Davis, P.E. August 25, 2000 0 Page 3 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. O • O 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