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HomeMy WebLinkAbout1999 05 24 Consent Item B COMMISSION AGENDA ITEM B CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR May 24, 1999 Meeting MGR~fr Authorization REQUEST: Public Works/Stormwater Division Requesting Authorization to Enter into an Agreement with St. Johns River Water Management District for the Stormwater Management Cost Sharing Program PURPOSE: The purpose of this Board item is to request authorization to enter into an agreement with the St. Johns River Water Management District for a $30,000 Grant from the Stormwater Cost Sharing Program towards the Construction of a Trash Removal Device at the Wade Street Outfall. CONSIDERATIONS: This agreement is needed to receive a $30,000 Grant from the SJRWMD Stormwater Cost Sharing Program towards the Construction of a Trash Removal Device at the Wade Street Outfall. The project will provide a water quality retrofit for a 25 acre basin, which is generally the Meadowlark subdivision. This development was built prior to the requirements for stormwater quality and quantity treatment. The trash removal device will trap sediments and trash prior to the stormwater being discharged to the Cross Creek tributary to Gee Creek. This project will be proposed in the FY 1999/2000 budget and is estimated to cost approximately $75,000 of which $30,000 will be reimbursed by grant. The engineering is currently underway at a cost of $9,000. The agreement requires the project be completed within one year of the agreement. Contingent upon budget approval, the bids for this project will be let in about November of 1999 with a 60 or 90 completion time. May 24, 1999 Consent Agenda Item B Page 2 FUNDING: No funding authorization is being requested at this time. The funding for this project will be proposed from the Stormwater Utility capital improvements line code in FY 199912000. RECOMMENDATION: It is recommended that authorization be given to enter into an agreement with the St. Johns River Water Management District for a $30,000 Grant from the Stormwater Cost Sharing Program towards the Construction of a Trash Removal Device at the Wade Street Outfall. IMPLEMENTATION SCHEDULE: The design will be completed this fiscal year. The bid letting is tentatively scheduled for November 1999. The grant funds will be reimbursed to the City after project completion. ATTACHMENTS: 1. Agreement between SJRWMD and City of Winter Springs for Stormwater Management Cost Sharing Program COMMISSION ACTION: A TT ACHMENT NO. Contract No. 99H262 AGREEMENT BETWEEN THE ST. JOHNS RNER WATER MANAGEMENT DISTRICT AND THE CITY OF WINTER SPRINGS FOR STORMW ATER MANAGEMENT COST-SHARING PROGRAM THIS AGREEMENT is made and entered into this _ day of 1999, by and between the ST. JOHNS RNER WATER MANAGEMENT DISTRICT, "DISTRICT", whose address is Post Office Box 1429, Palatka, FL 32178-1429, and the CITY OF WINTER SPRINGS, "ENTITY" whose address is 1126 East S.R. 434 , Winter Springs, FL 32708. WITNESSETH WHEREAS, the waters of the State of Florida are among its basic resources and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water; WHEREAS, pursuant to Chapter 373, Florida Statutes, the DISTRICT is responsible for the management of water resources within its geographical area; WHEREAS, proper management of stormwater is necessary to protect the public health, safety and welfare and to extend the life of surface and ground water resources; WHEREAS, the Governing Board of the DISTRICT has established the Stormwater Management Projects Cooperative Cost-Share Program to support stormwater management efforts which promote flood control, demonstrate Best Management Practices (BMPs), and implement stormwater utilities or other water quality management projects; WHEREAS, the ENTITY has applied for and is qualified to participate in the Stormwater Management Projects Cooperative Cost-Share Program; and WHEREAS, the ENTITY and the DISTRICT desire and intend to implement and cost-share the stormwater management project defined herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. The subject stormwater.project, entitled Cross Street water quality improvement, Wade Street Outfall, is described as follows: The project consists of providing a water quality retrofit to an existing developed 25-acre basin. The goal of the project is to provide suspended solids removal. for trash and debris via the installat,ion of a CDS Stormwater Trash Removal Device at the Wade Street Outfall. The benefits of the project will be to provide a greater level of environmental protection to the area via providing removal of suspended solids from otherwise untreated urban stormwater runoff. 2. 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. (1997). Contract No. 99H262 3. The DISTRICT shall: A. Provide the professional and technical support necessary to properly address all aspects of the Agreement. B. Obligate moneys to fund a portion of the stormwater management project in an amount not to exceed $30,000. C. Reimburse the ENTITY for satisfactory completion of the water quality retrofit project as outlined in the ENTITY's Program Application, Exhibit A, attached hereto and by reference made a part hereof, within 30 days of receipt, inspection, and approval by DISTRICT's Project Manager of any deliverables stated in Exhibit A, and approved invoice. 4. The ENTITY shall: A. Implement the Stormwater Management Projects Cooperative Cost-Share Program as defined in the ENTITY's Program Application, Exhibit A. B. Obligate moneys to fund any and all costs of the project above the portion to be funded by the District as outlined in Paragraph 3.B. above. C. Invoice DISTRICT upon completion of the project, as outlined in Exhibit A, in the not to exceed amount stated in paragraph 3.B. above. The invoice shall be accompanied by detailed paid invoices to substantiate completion of the obligation and total cost. The invoice shall reference the Contract Number provided on the first page of this AGREEMENT and shall be submitted to Director, Office of Financial Management, P. O. Box 1429, Palatka, Florida, 32178-1429. 5. This Agreement consists of the following items: Agreement; and Exhibit A. 6. ENTITY shall maintain its books and records in such a manner that the receipts and expenditures of the grant funds will be shown separately from other expenditures in an easily checked form. ENTITY shall keep the records of receipts and expenditures of grant funds, copies of all reports submitted to DISTRICf and copies of all support documentation for at least three (3) years after expiration of the grant period. In accordance with generally accepted governmental auditing standards, DISTRICf shall have access to and the right to examine any directly pertinent books, documents, papers, and records involving transactions related to this grant. 7. This Agreement shall commence upon execution and shall terminate upon satisfactory completion of the stormwater management project and subsequent cost reimbursement to ENTITY: or one year from the date of execution, whichever comes first. Work eligible for reimbursement must have started after February 10, 1999. . 8. If ENTITY fails to satisfactorily implement the stormwater management project or defaults in initiating same, ENTITY shall not be eligible for reimbursement. 9. Either party may terminate this Agreement at any time by giving the other party thirty (30) days written notice prior to the date of termination. Upon termination by either party, DISTRICT shall:.reimburse ENTITY for all allowable costs incurred to the date of termination. 2 Contract No. 99H262 10. The ENTITY agrees that the DISTRICT or its duly authorized representative shall, until the expiration of three (3) years after expenditure of funds under this Agreement have access to and the right to examine any directly pertinent books, documents, papers, and records of the EN1ITY involving transactions related to this Agreement. The ENfITY 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 under this Agreement. The DISTRICT reserves the right to cancel this Agreement for refusal by the ENTITY to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S. 11. Pursuant to Section 216.347, Fla. Stat., the ENTITY agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 12. This Agreement shall be construed according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorney's fees and costs. This AGREEMENT upon execution by ENTITY 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. ENTITY agrees that no representations have been made by DISTRICT to induce ENTITY to enter into this AGREEMENT other than as expressly stated by this AGREEMENT. This AGREEMEl\TT 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 Governing Board; and the CITY OF WINTER SPRINGS has caused this contract to be executed in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached, all on the day and year first above written. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT CITY OF WINTER SPRINGS By: By: J. Daniel Roach, Chairman Typed Name and Title Attest Attest: Otis A. Mason, Secretary Typed Name and Title (SEAL) ., APPROVED BY THE OFFICE OF GENERAL COUNSEL John W. Williams, Deputy General Counsel St Johns River Water Management District 3 Exihibit A contract no. 99H262 STORMWATER MANAGEMENT PROJEcrS COST-SHARE PROGRAM FY 1998-1999 APPLICATION FORM Please answer all the questions in this form. Applicants are encouraged to supply the information requested by using only the space provided on the application forms (page B-1 through B-7 only). Supporting documents are not necessary. Please type or print clearly answers to the following questions in the spaces provided. 1. Are You Located in the Indian River Lagoon Area? (check one) 2. Name of Applicant _CITY OF WINTER SPRINGS Yes 0 NoD 3. Name, Address, & Phone Numbers of Project Manager Name CHRISfOPHER W. MURPHY Mailing Address 1126 EAST S.R. 434 City WINTER SPRINGS_ ZIP _32707 Phone 407 327 1800 #330 FAX 407 327 0942 4. Project Name CROSS CREEK WATER QUALITY IMPROVEMENTS 5. Is This New or Continuing Project? (check one) New X Continuing 0 -If this is a continuing project, has the project received any grants or funds from the District and when and how much? 6. Matching Funds Request Amount of money requested $30,000 Total project cost! $_68,000 Percentage of total project cost to be covered by the District %_44% 7. Project Summary The project consists of providing a water quality retrofit to an existing developed 25 acre basin. The goal of the proposed project will be to provide suspended solids removal for trash and debris via the installation of a CDS Stormceptor Trash Removal. device. The benefits of the project will be to provide a: greater level of environmental protection to the area via providing removal of suspended solids from otherwise untreated urban stormwaater runoff. An additional benefits of the project will be to provide an opportunity for public education and awareness I If it is a multi-phase project, please include only the total cost for the phase(s) that request for District grant. 4 -- -.. .. . - ...- Contract no. 99H262 8. DetaHed project description 1). Please provide a description of the proposed project. Include address, section, township, range. Identify the basin or watershed in which the project will take place (A separate map attachment is acceptable and 3 copies are required). Does the project promote flood protection, demonstrate Best. Management Practices (BMPs), or implement stormwater utilities. Is this a proposal for stormwater design studies, stormwater master planning, or construction or implementation projects which include innovative enhancements or technology. Is the project already underway or still in planning stage? - 10 points The location of the project will be in the City of Winter Springs at the approximate headwaters of Cross creek. The actual site is approximately midway between S.R. 419 and S.R. 434 on Wade Street, Winter Springs. The Section Range and Township that this are encompasses are as follows; 34 30E 20S The drainage basin that this project will enhance is the Gee Creek drainage basin and the watershed it is located in is an integral part of Lake Jesup. Presently, trash leaving this area is very likely to wind up in Lake Jesup or in the Lake Jesup ecosystem due to the absence of a stormwater treatment facility for associated drainage sub-basin. The proposed project and the associated grant monies requested will be for construction. ~ 2). How well does the project correspond to the mission, goals, priorities and strategies as specified in the District's Water Management Plan, Local Government Water Resource Atlas and SWIM Plans, or other District project goals?(i.e. NEP, Upper St. Johns River Basin, Lake Jesup, PLRGs, etc.)-15 ~~ ~ The project corresponds very well with the mission, goals, and priorities of the Water management district plan and helps to address District goals regarding Lake Jesup water quality improvements. Lake Jesup is also considered a SWIM candidate. P-"""".<rIt' " ''"'" ,'." ";;t, . . ".'. """. ~!r","~''''';,'';''..'\-~.' ';'t:':;.;"~ I '.r',;... '. .' . ., c'. .11 .Blp,v, ; j,R, ~V.l,', b,~.w.-,-.:e.f.i,r<j.~,. '~Iffi,'.,'ti.'.'.a,;l.,;~;,~[.:.'.",; i1';SG99.c:,'f, .... "i _ '1~"';f.~iiJ:... o,!"~.,. Item (2) -15 ' I 0 .~'''~~";'., .-- - , . - - - .~. <.,",,,~. ..,,"'..',', "" o. ,~,;.....<",",~!j ,., '.-, ,," '., , .," , ." . ,. " ::rl~'jti"j. contract no. 99H262 3). If the project is for the purpose of flood protection, is flooding causing property damage? Is there flooding above finished floors, nuisance flooding, or major damage to properties? If the .project mainly addresses water quality concerns, will the project improve water quality and by how much? Does data show a trend in declining water quality of the receiving water body?-lO points The proposed project addresses water quality concerns. The anticipated effectiveness of the project will be to remove 95 % of all suspended non organic material from the runoff of the sub-basinfor the first l-inch of runoff. Data available for the Receiving water body, Lake Jesup, has historically shown a degradation of this lake(Ref SJ92-SP16). This degradation is attributed to both modification made to the mouth of the lake near the turn of the century and the ensuing urbanization of the drainage basins which act as the watershed for Lake Jesup. rz~~~~~~~ -, r .... .. . p , " '~-. ,":;.' , ._-,no _, t......., 4) What is the impact of the pro em to be addressed by the proposed project on the surface water ecosystem? What is the classification of the receiving water body? Does harm to the receiving water body occur on a frequent basis? -15 points The impact to the surface water ecosystem that this project will address is the deposition of pollution into Lake Jesup. The specific pollution to be addresses is Suspended solids and the method of deposition prevention will be the removal of Suspended solids from the Storm Sewer via the CDS structure. The receiving water body is classified as class ill and is included on the State of FloIjda's SWIM list. Harm to the receiving water body occurs on a regular and frequent basis. Only now are major efforts being considered to restore the water body. While modem development regulations provide for pre- treatment of urban runoff, older areas do not provide for any water quality treatment. The result is that reversal of the damage caused to Lake Jesup will not only require major public works projectS'such as reestablishing the flow through in the Lake, but it will also require smaller, incremental water quality improvements on a community by community basis for those areas which discharge to the lake but provide no water quality treatment. '(s';'.qW')R~~i~W:@%'1~1ffiftifif .~- "-,,,m~'j . "_""~' " '_. "41'.'""'';'';''''~'''t''''''''''';;~''''''rf'll..~ ~1.~''-9 9.i\;:"::{f'!f;~""-'i~:" ,.::-~"' tt.~..~;if;i:;~:~tEJ :~l:l~ <:. ~t;H1"~iI~~t-;e,"I:m':)i':;{j("l4:\i':;7:':ilr:.:':,;.:.':> I I, q' ~,.~;t{..:\;~ J~.{.....P""""~ ~JL~~~~~t,;.;:"". _ 6 .. .~ t r "_' contract no. 99H262 5). Is this project approved by referendum, approved by the county/city commission, or strongly supported by the Public? -5 Points This project, due to the fact that it helps improve water quality discharges into Lake Jesup is supported by the Public and associated Lake Jesup groups. In the past groups involved in the improvement of Lake Jesup by administrative decision, Legislative action~ or simply agency participation by providing staff for meetings such as the Friends of Lake Jesup, have included the following SJRWMD Florida Legislature Florida Department of Environmental Regulation Army Corp of Engineers City of Winter Springs Seminole County Does the project offer cost-s ring and how much? Is the project a cooperative effort with more' than one entity? Have the project or some tasks/phases of the projects received the District funding in the last three years? If there are other entities participating cost-share, evidence of commitments from them should be provided - 10 points "3 Yes, the project offers cost sharing with $30,000 available for actual construction and an additional $8,000 available for Survey, Design, and Permitting. Although there is no formal cooperative agreement existing between Winter Springs and other agencies, the intent of the project is to construct a Stormwater Quality improvement project that will enhance public awareness of stormwater and the roles of the various agencies involved in managing ~tormwater in the State of Florida. ~~fi~X1Y!~ft);~R~y.~~b~~j~:ifill.~f!l:;~r . "~'~'""'''''''W''''<::'~3''2'' ....,.". '.'1-' ". . r~;W?,22f~i;;;*,~.~t;.f1:f,::; 'j ':'{ ',\ ..It~!!l:.(6) .-10 g. 7 contract ~O. 99H262 7). Please state the financial need of the applicant. What is the applicant's per capita income based on 1990 census? Would the project be completed without funding assistance? -10 points The financial need of the applicant derives from a small tax base of primarily single family residential units. The area which the project will be constructed in is a generally lower income residential area which has neither stormwater attenuation or water quality treatment facilities due to the time period during which the area was developed. Completion of the project in FY98/99 without the requested funding is unlikely due to the anticipated final Construction cost. ~~~l I Has the applicant establishe stable, dedicated funding source suc.h as MSJU, MSBU for the proposed project? Are funding mechanisms in place or planned? The applicant needs to provide evidence of project funding. - 5 points Yes, the applicant has a stable, dedicated funding source for the project. The source of the funding is the Stormwater utility which the applicant established in 1992. The applicant currently has $30,000 budgeted under Capital improvements for construction of a project of this tYPe. Attached please find a copy of page 50 from the City of Winter Springs Finaly Budget for FY 1998- 1999. The funding for this project is available from the Stormwater Utility Fund and is described as Stormwater Debris Removal Structure Construction. In addition, page 37 is also inc1,,!ded. Funding for Surveying or Engineering is available from Account Number 53180 Consultant Services. 8 ", , . . \... . . . contract 99H262 ~m(0{Mrk)R~Y:!:~*~~;[illl~~t&'r1%i}"':' lib 9) Will the proposed project require permits from the District and/ or other govemm~nt agencies? If yes, explain the type of permit needed and the estimated time frame to secure the required permit. What is the estimated time that is required to complete the entire project or the portion of the project that requires cost-share? (If this project has more than one tasks, the District would not cost-share those that are already underway) -10 points The applicant will coordinate a meeting with District staff to discuss permitting. If a permit is needed, the type of permit is anticipated to be a Noticed General and the time frame for permit completion, submittal, and approval is estimated to be two months. The estimated time to complete actual construction is estimated to be no more than three months. If fu~ding is provided, it is estimated that the project would be completed within six months after receiving funding approval. I, Ji;!'1i. '. '.H:;.....;,;""..":'~.....t<~....~...-.....i":-::<i.. ".:'Nh'if.'. '>iftf,,,,.,,,,, i:fo.~....r:'>"'4~.!\'''~?1'~~. .....,l i)'''r'~;;'''{''J , 'SJRWlVrrJ'REhiiewe"t')s;,rru.fiat~':;;".." , ." ~ . .' r ",':";' . ," _<J, '__ ,L.~ '" ...~4:'''o.i;,...''< 1 ~_" ,'. :,',:,.;:,i~:.'., .).:':":o~:~i.::;~;J,;,.:.:',;i::;,;,<;..~(,:;';t~~(ll L~2~t4~:;,~~.:..Lj~~~~;;~ . !:"C~'9""'~'f11'lU"7 ;::\~~ .1.~?1''2.~::;~~~. ~ . ~" ,: I " \"'~'ligi~(~Ji;:i'~" "-..' I c, 10). Please provide a brief work plan including major tasks to be accomplished, milestones and deliverables. A detailed project budget by tasks, their associated cost, and funding obligation of the proposed funding entity is also required. The applicant shall identify whether the proposed work is done in-house or contractual work and how the grant money will be spent and whether the applicant's share is cash or in-kind services. (An example of a project budget is provided in EXHIBIT-A on Page B-8 as a guideline) -10 points PROJECT TASKS FUNDING SOURCE SJRWMD Total $30,000 cash $30,000 ,I.....N" "r.-"""",,,,,,,,,.,, ~l;R_w,).~m,j;g~Y;l~~~~ rlts~~~'};";\t':\i'Il":"',?" ,~.~:~; il"'~'~'4~/' ..,.;, /? ,.~:vi!~~~~"':'j\i'v_,'-"'.~j~"''{ I $68,000 ~~)~~! . .y / ;\, ..:; I / I' <1 9 ,1"'1 contract no. 99H262 CITY OF WINTER SPRINGS FISCAL YEAR 1998-1999 - FINAL BUDGET. STORMWATER MANAGEMENT UTILITY -130 SEPTEMBER 28,1998 \ "" Adopted Approved 1997 FY 97/98 FY 98-99 DESCRIPTION OF REVENUES Actual Budget Budget -i Fees Collected $318,480 $310,000 $325,000 \i Reimbursement for Town Center Study $0 $0 $35,000 Interest Earned $2,197 $2,500 $2,000 TOTAL STORMWATER REVENUES $320.677 $312,500 $362,000 APPROPRIATIONS FROM FUND BALANCE $0 $43,643 $0 TOTAL REVENUES AND APPROPRIATED . FUND BALANCE $320,677 $356,143 $362,000 Adopted Approved ACCOUNT 1997 FY 97/98 FY 98-99 NUMBER Description of Expenditure Actual Budget Budget 51210 Regular Salaries $77,238 $96,440 $104,010 52110 F.I.CA. Taxes-City Portion $5,963 $7,378 $8,226 52310 Health/Life Insurance $5,114 $7,942 $7,956 52320 Workers' Comp. Insurance $2,646 $3,395 $3,537 52330 Pension Expense $2,760 $6,451 $7,781 53140 Physical Exams $125 $522 $300 53180 Consultant Services $27,974 $17,500 $26,000 53197 Consulting Services-Orange Ave. $0 $0 $0 53210 Administration Fees-General Fund $0 $3,500 $3,500 53211 Administration Fees-Utility Fund $0 $1,000 $1,000 54010 Travel & Per Diem $0 $0 $425 54210 Postage $0 $35 $35 54410 Equipment Rental $0 $965 $750 54623 Maintenance Costs $13,740 $18,410 $19,330 54630 Repair & Mainl - Equipment $213 $1,000. $1,122 54650 Repair & Malnl- Vehicles $226 $800 $500 54682 Repair & Malnl - Grounds $18,658 $18,836 $17,500 54693 Repair & Maint - Stonnwater Ponds $39,246 $41,972 $45,000 54810 Employee Relations $0 $100 $100 54920 Legal Advertising $120 $0 $120 55110 Office Supplies $0 $275 $275 ., 55210 Fuel & Oil $0 $750 $500 55220 Tires & Filters $0 $200 $2,200 55230 Operating Supplies $679 $600 $811 55240 Uniforms $0 $582 $600 55270 Small Tools & Equipment $1 ,042 $2,380 $2,380 55281 Herbicides $1 ,088 $1 ,500 $1,250 55290 Protective Clothing $130 $200 $280 55410 Subscriptions $0 $50 $50 55411 Dues & Registration $0 $650 $1.200 55430 Employee Development $489 $1 .100 $1 . 1 00 Continued to next page 9/21198 10 FY 98/99 Capital Outlay CAPITAL IMPROVEMENTS General Fund: Public Works Traffic Calming Devices 434 Median Beautification Total Public Works $75,000 $70,000 Total General Fund Capital Improvements Other Governmental Funds: Transportation Improvement Fund Resurfacing Wagner's Curve Relocation Underdrains Fuel Piping Containment - City Hall Total Transportation Improvement Fund $90,000 $30,000 $20,000 $15,000 Stormwater Utility Fund Stormwater Debris Removal Structure construction Underdrains Total Stormwater Utility Fund $30,000 $20,000 Transportation Impact Fees Panama Road Paving Hayes Road Stacking Lane Total Transportation Impact Fees $800,000 $165,000 1997 Series Bond Construction Fund City Hall Remodeling Total 1997 Series Bond Construction Fund $25,000 Total Other Governmental Funds Capital Improvements .' 11 $145,000 $155,000 $50,000 $965,000 $25,000 ::.yu,n L! deL nl.); ~:; Hi 6 j_:_ "'~1'''' . . .- .' . . . ;~ontract .~f9H262:: . $145,000 $1,195,OO( ". .\ i;. " -\-. 1l.....- ~.., \1\ (. l. "'I ~ v ~ 9/21/98 ~ l -\--e. ----- ~~ . -- '"rOo<r 'if! N orf.h :'00 0 ~ :co~ , ~~ 600 ~ SC){.( IN F"((l i I Sh~t 13 of 27 City of Winter Springs ., Wade Street Outfall Water Quality Improvement Project (Cross Creek WQ improvements) 1998 Project Location Map: .. . -:-:-:-:---:--'. . //.! --- ---- ~ ~ ----... ".0 \ \ ~v-v- L-oCYv P .-e.,c.....-+ -ro~ -.-~ ------+--... - -=-- !fr.-NY t f:S[fJ.[NT :u.o ____ I I . t ~~.. -..... SIR({ r --~ ~J2-- \ \ J, EB 2i.0 \ \ I , \ ~ \ , \ 20 -- /S'\ ~ ~2_0 .\ 1\ ~ .. 9- ~ r," Contract No. 99H262 AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CITY OF WINTER SPRINGS FOR STORMW ATER MANAGEMENT COST-SHARING PROGRAM THIS AGREEMENT is made and entered into this g,.,.. day of ~ 1999, by and between the ST. JOHNS RNER WATER MANAGEMENT DISTRICT, "DISTRICT",~dress is Post Office Box 1429, Pal atka, FL 32178-1429, and the CITY OF WINTER SPRINGS, "ENTITY" whose address is 1126 East S.R. 434 , Winter Springs, FL 32708. WITNESSETH WHEREAS, the waters of the State of Florida are among its basic resources and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water; WHEREAS, pursuant to Chapter 373, Florida Statutes, the DISTRICT IS responsible for the management of water resources within its geographical area; WHEREAS, proper management of stormwater is necessary to protect the public health, safety and welfare and to extend the life of surface and ground water resources; WHEREAS, the Governing Board of the DISTRICT has established the Stormwater Management Projects Cooperative Cost-Share Program to support stormwater management efforts which promote flood control, demonstrate Best Management Practices (BMPs), and implement stormwater utilities or other water quality management projects; WHEREAS, the ENTITY has applied for and is qualified to participate in the Stormwater Management Projects Cooperative Cost-Share Program; and WHEREAS, the ENTITY and the DISTRICT desire and intend to implement and cost-share the stormwater management project defined herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. The subject stormwater project, entitled Cross Street water quality improvement, Wade Street Outfall, is described as follows: The project consists of providing a water quality retrofit to an existing developed 25-acre basin. The goal of the project is to provide suspended solids removal for trash and debris via the installation of a CDS Stormwater Trash Removal Device at the Wade Street Outfall. The benefits of the project will be to provide a greater level of environmental protection to the area via providing removal of suspended solids from otherwise untreated urban stormwater runoff. 2. 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. (1997). 1 . ... Contract No. 99H262 '. 3, The DISTRIcr shall: A. Provide the professional and technical support necessary to properly address all aspects of the Agreement. B. Obligate moneys to fund a portion of the stormwater management project in an amount not to exceed $30,000. C. Reimburse the ENTITY for satisfactory completion of the water quality retrofit project as outlined in the ENTITY's Program Application, Exhibit A, attached hereto and by reference made a part hereof, within 30 days of receipt, inspection, and approval by DISTRICT's Project Manager of any deliverables stated in Exhibit A, and approved invoice. 4. The ENTITY shall: A. Implement the Stormwater Management Projects Cooperative Cost-Share Program as defined in the ENTITY's Program Application, Exhibit A. B. Obligate moneys to fund any and all costs of the project above the portion to be funded by the District as outlined in Paragraph 3.B, above. C. Invoice DISTRICT upon completion of the project, as outlined in Exhibit A, in the not to exceed amount stated in paragraph 3.B. above. The invoice shall be accompanied by detailed paid invoices to substantiate completion of the obligation and total cost. The invoice shall reference the Contract Number provided on the first page of this AGREEMENT and shall be submitted to Director, Office of Financial Management, P. O. Box 1429, Palatka, Florida, 32178-1429. 5. This Agreement consists of the following items: Agreement; and Exhibit A. 6. ENTITY shall maintain its books and records in such a manner that the receipts and expe!lditures of the grant funds will be shown separately from other expenditures in an easily checked form. ENTITY shaJ.1,keep the records of receipts and expenditures of grant funds, copies of all reports submitted to DISTRICT and copies of all support documentation for at least three (3) years after expiration of the grant period. In accordance with generally accepted governmental auditing standards, DISTRICT shall have access to and the right to examine any directly pertinent books, documents; papers, and records involving transactions related to this grant. 7. This Agreement shall commence upon execution and shall terminate upon satisfactory completion of the stormwater management project and subsequent cost reimbursement to ENTITY; or one year from the date of execution, whichever comes first. Work eligible for reimbursement must have started after 'February 10, 1999. 8. If ENTITY fails to satisfactorily implement the stormwater management project or defaults in initiating same, ENTITY shall not be eligible for reimbursement. 9. Either party may terminate this Agreement at any time by giving the other party thirty (30) days written notice prior to the date of termination. Upon termination by either party, DISTRICT shall reimburse ENTITY for all allowable costs incurred to the date of termination, 2 ." Contract No. 99H262 10. The ENTITY agrees that the DISTRICf or its duly authorized representative shall, until the expiration of three (3) years after expenditure of funds under this Agreement have access to and the right to examine any directly pertinent books, documents, papers, and records of the ENTITY involving transactions related to this Agreement. The ENTITY agrees that payment(s) made wider this Agreement shall be subject to reduction for amounts charged which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The DISTRICf reserves the right to cancel this Agreement for refusal by the ENTITY to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S. 11. Pursuant to Section 216.347, Fla. Stat., the ENTITY agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 12. This Agreement shall be construed according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorney's fees and costs. ' This AGREEMENT upon execution by ENTITY 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. ENTITY agrees that no representations have been made by DISTRICT to induce ENTITY 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 Governing Board; and the CITY OF WINTER SPRINGS has caused this contract to be executed in its name by its duly authorized representatives, and, if appropriate, has caused'the seal of the corporation to be attached, all on the day and year first above written. ST. JOHNS RIVER WATER MANAGE DISTRICf CITY OF WINTER SPRINGS By: By: /~M~,/ L Attest: ~C- , Oti. Mason, Secretary Ronald W. McLemore-City Manager Typed Name and Title , ' ". . /' 1 .~ u?,..,) ... ,? .Attest:...".>,c.1/", /,......';.) ,.:;.> '...-->--" Andrp.R Lorp.nzo-Luacp.s, Interim City Cle.rk Typed Name and Title (SEAL) 3 )' Exihibit A '. , . - . contract no. 99H262 .~ . . STORMWATER MANAGEMENT PROJECTS COST-SHARE PROGRAM FY 1998-1999 APPLICATION FORM Please answer all the questions in this form. Applicants are encouraged to supply the information . requested by using only the space provided on the application forms (page B-1 through B-7 only). Supporting documents are not necessary. Please type or print clearly answers to the following questions in the spaces provided. 1. Are You Located in the IndiancRiver Lagoon Area? (check one) 'Yes D No [] 2. Name of Applicant _CITY OF WINTER SPRINGS 3. Name, Address, & Phone Numbers of Project Manager Name CHRISTOPHER W. MURPHY . Mailing Address 1126 EAST S:R. 434 City WINTER SPRINGS_ ZIP _32707 Phone 407 327 1800 #330 FAX 407 327 0942 4. Project Name CROSS CREEK WATER QUALITY IMPROVEMENTS 5. Is This New or Continuing Project? (check one) New X Continuing, D -If this is a continuing project, has the project received any grants or funds from the District and when and how much? 6. Matching Funds Request Amount of money requested $30,000 Total project cost1 $_68,000 Percentage of total project cost to be covered by the District %_44% .7. Project SUl1}mary . The project consists of providing a water quality retrofit to an existing developed 25 acre basin. The goal of the proposed project will be to provide suspended solids removal for trash and .debris via the installation of a CDS Stoimceptor Trash Removal. device. The benefits of the project will be to provide a greater level of environmental protection to the area via providing removal of suspended solids from.otherwise untreated urban stormwaater runoff. An additional benefits of the project will be to provide an opportunity for public education and awareness I If it is a multi-phase project, please include only the total cost for the phase(s) that requesHor District grant. 4 contract no. 99H262 8. DetalIed project description 1). Please provide a description of the proposed project. Include address, section, township, range. Identify the basin or watershed in which the project will take place (A separate map attachment is acceptable and 3 copies are required). Does the project promote flood protection, demonstrate Best. Management Practices (BMPs), or implement stormwater utilities. Is this a proposal for stormwater design studies, stormwater master planning, or construction or implementation projects which include innovative enhancements or technology. Is the project already underway or still in planning stage? -:"10 points The location of the project will be in the City of Winter Springs at the approximate headwaters of Cross creek. The actual site is approximately midway between S.R. 419 and S.R. 434 on Wade Street, Winter Springs. The Section Range and Township that this are encompasses are as follows; 34 30E 20S The drainage basin that this project will enhance is the Gee Creek drainage basin and the watershed it is located in is an integral part of Lake Jesup. Presently, trash leaving this area is very likely to wind up in Lake Jesup or in the Lake Jesup ecosystem due to the absence of a stormwater treatment facility for associated drainage sub-basin. The proposed project and the associated grant monies requested will be for construction. 2). How well does the project correspond to the mission, goals, priorities and strategies as specified in the District's Water Management Plan, Local Government Water Resource Atlas and SWIM Plans, or other District project goals?(i.e. NEP, Upper St. Johns River Basin, Lake Jesup, PLRGs, etc.)-15 points,. The project corresponds very well with the mission, goals, and priorities of the Water management district plan and helps to address District goals regarding Lake Jesup water quality improvements. Lake Jesup is also considered a SWIM candidate. 10 .5 . " . ... contract no. 99H262 3). If the project is for the purpose of flood protection, is flooding causing property damage? Is there flooding above finished floors, nuisance flooding, or major damage to properties? If the .project mainly addresses water quality concerns, will the project improve water quality and by how much? Does data show a trend in declining water quality of the receiving water body?-10 points The proposed project addresses water quality concerns. The anticipated effectiveness of the project will be to remove 95% of all suspended non organic material from the runoff of the sub-basin for the first 1-inch of runoff. Data available for the Receiving water body, Lake Jesup, has historically shown a degradation of this lake(Ref SJ92-SP16). This degradation is attributed to both modification made to the mouth of the lake near the turn of the century and the ensuing urbanization of the drainage basins which act as the watershed for Lake Jesup. ,...r:1~~,.-".J "> -";-:':t':O:',1;;o)'"" ~''''~.'f!-,;~~-';'' I What is the impact of the pro em to be addressed by the proposed project on the surface water ecosystem? What is the classification of the receiving water body? Does harm to the receiving water body occur on a frequent basis? -15 points . The impact to the surface water ecosystem that this project will address is the deposition of pollution into Lake Jesup. The specific pollution to be addresses is Suspended solids and the method of deposition prevention will be the removal of Suspended solids from the Storm Sewer via the CDS structure. The receiving water body is classified as class ill and is included on the State of Florida's SWIM list. Harm to the receiving water body occurs on a regular and frequent basis. Only now are major efforts being considered to restore the water body. While modem development regulations provide for pre- treatment of urban runoff, older areas do not provide for any water quality treatment. The result is that reversal of the damage caused to Lake Jesup will not only require major public works projectS'such as . reestablishing the flow through in the Lake, but it will also require smaller, incremental water quality improvements on a community by community basis for those areas which discharge to the lake but provide no water quality treatment. 6 . .' concract no. ~~HZ6Z 5). Is this project approved by referendum., approved by the county/city commission, or strongly supported by the Public? -5 Points This project, due to the fact that it helps improve water quality discharges into Lake Jesup is supported by the Public and associated Lake Jesup groups. In the past groups involved in the improvement of Lake Jesup by administrative decision, Legislative action~ or simply agency participation by providing staff for meetings such as the Friends of Lake Jesup, have included the following SJRWMD Florida Legislature Florida Department of Environmental Regulation Army Corp of Engineers City of Winter Springs Seminole County Does the project offer cost~s ing and how much? Is the project a cooperativeeffott with more' than one entity? Have the project or some tasks/phases of the projetts received the District funding in the last three years? If there are other entities participating cost-share, evidence of commitments from them should be provided -10 points "3 Yes, the project offers cost sharing with $30,000 available for actual construction and an additional $8,000 available for Survey, Design, and Permitting. Although there is no formal cooperative agreement existing between Winter Springs and other agencies, the intent of the project is to construct a Stormwater Quality improvement project that will enhance public awareness of stormwater and the roles of the various agencies involved in managing~tormwater in the State of Florida. ft 7 contract no. 99H262 7). Please state the financial need of the applicant. What is the applicant's per capita income based on 1990 census? Would the project be completed without funding assistance? -10 points The financial need of the applicant derives from a small tax base of primarily single family residential units. The area which the project will be constructed in is a generally lower income residential area which has neither stormwater attenuation or water quality treatment facilities due to the time period during which the area was devel~ped. . Completion of the project in FY98/99 without the requested funding is unlikely due to the anticipated final Construction cost. Has the applicant establishe stable, dedicated funding source such as MSJU, MSBU for the proposed project? Are funding mechanisms in place or planned? The applicant needs to provide evidence of project funding. - 5 points Yes, the applicant has a stable, dedicated funding source for the project. The source of the funding is the Stormwaterutility which the applicant established in 1992. The applicant currently has $30,000 budgeted under Capital improvements for construction of a project of this type. Attached please find a copy of page 50 from the City of Winter Springs Finaly Budget for FY 1998- 1999. The funding for this project is available from the Stormwater Utility Fund and is described as Stormwater Debris Removal Structure Construction. In addition, page 37 is also inclpded. Funding for Surveying or Engineering is available from Account Number 53180 Consultant Services. 8 , " 7 . ~UllLracc ~~tlLbL !b 9) Will the proposed project require permits from the District and/ or other govemm~nt agencies? If yes, explain the type of permit needed and the estimated time frame to secure the required permit. What is the estimated time that is required to complete the entire project or the portion of the project that requires cost-share? (If this project has more than one tasks, the District would not cost-share those that are already underway) - 10 points The applicant will coordinate a meeting with District staff to discuss permitting. If a permit is needed, the type of permit is anticipated to be a Noticed General and the time frame for permit completion, submittal, and approval is estimated to be two months. The estimated time to complete actual construction is estimated to be no more than three months. If fup.ding is provided, it is estimated that the project would be completed within six months after receiving funding approval. Cf 10). Please provide a brief work plan including major tasks to be accomplished, milestones and deliverables. A detailed project budget by tasks, their associated cost, and funding obligation of the proposed funding entity is also required. The applicant shall identify whether the proposed work is done in-house or contractual work and how the grant money will be spent and whether the applicant's share is cash or in-kind services. (An example of a project budget is provided in EXHIBIT-A on Page B-8 as a guideline) -10 points PROJECf TASKS FUNDING SOURCE SJRWMD Total $30,000 cash $30,000 $68,000 ~':)'L; I /;!~., /' q 9 contract no. 99H262 CITY OF WINTER SPRINGS FISCAL YEAR 1998-1999 - FINAL BUDGET. STORMWATER MANAGEMENT UTILITY -130 \ SEPTEMBER 28, 1998 -\ Adopted Approved 1997 FY 97/98 FY 98-99 DESCRIPTION OF REVENUES Actual Budget BUdget -\ Fees Collected $318,480 $310,000 $325,000 \i Reimbursement for Town Center Study $0 $0 $35.000 Interest Earned $2,197 $2,500 $2,000 TOTALSTORMWATERREVENUES $320,677 $312,500 $362,000 APPROPRIATIONS FROM FUND BALANCE $0 $43,643 $0 TOTAL REVENUES AND APPROPRIATED . FUND BALANCE $320,677 $356,143 $362,000 Adopted Approved ACCOUNT 1997 FY 97/98 FY 98-99 NUMBER Description of Expenditure Actual Budget Budget 51210 Regular Salaries $77.238 $96,440 $104,010 52110 F.I.CA Taxes-City Portion $5.963 $7,378 $8,226 52310 Health/Life Insurance $5,114 $7,942 $7,956 52320 Workers' Comp. Insurance $2,646 $3.395 $3,537 52330 Pension Expense $2,760 $6,451 $7,781 53140 Physical Exams $125 $522 $300 53180 Consultant Services $27.974 $17 ,500 $26,000 53197 Consulting Services-Orange Ave. $0 $0 $0 . 53210 Administration Fees-General Fund $0 $3,500 $3,500 53211 Administration Fees-Utility Fund $0 $1,000 $1,000 54010 Travel & Per Diem $0 $0 $425 54210 Postage $0 $35 $35 54410 Equipment Rental $0 $965 $750 54623 Maintenance Costs $13,740 $18,410 $19,330 54630 Repair & Mainl - Equipment $213 $1,000' $1,122 54650 Repair & Maint. - Vehicles $226 $800 $500 54682 Repair & Mainl - Grounds $18.658 $18,836 $17 ,500 54693 Repair & Mainl - Stormwater Ponds $39,246 $41,972 $45,000 54810 Employee Relations $0 $100 $100 54920 Legal Advertising $120 $0 $120 55110 Office Supplies $0 $275 $275 .. 55210 Fuel & Oil $0 $750 $500 55220 Tires & Filters $0 $200 $2,200 55230 Operating Supplies $679 $600 $811 55240 Uniforms $0 $582 $600 55270 Small Tools & Equipment $1,042 $2,380 $2.380 55281 Herbicides $1.088 $1,500 $1,250 55290 Protective Clothing $130 $200 $280 55410 Subscriptions $0 $50 $50 55411 Dues & Registration $0 $650 $1 ,200 55430 Employee Development $489 $1 .100 $1,100 Continued to next page 9/21/98 10 FY 98/99 Capital Outlay CAPITAL IMPROVEMENTS General Fund: Public Works Traffic Calming Devices 434 Median Beautification Total Public Works Total General Fund Capltallmprovoments Other Governmental Funds: Transportation Improvement Fund Resurfacing Wagner's Curve Relocation Underdrains Fuel Piping Containment - City Hall Total Transportation Improvement Fund Stonnwater Utility Fund Stonnwater Debris Removal Structure construction Underdrains Total Stormwater Utility Fund Transportation Impact Fees Panama Road Paving Hayes Road Stacking Lane Total Transportation Impact Fees . 1997 Series Bond Construction Fund City Hall Remodeling Total 1997 Series Bond Construction Fund Total Other Governmental Funds Capital Improvements ,','. 11 ..~ont:ract~~Hl()Z' $75,000 $70,000 $145,000 $145,000 $90,000 $30,000 $20,000 $15,000 $155,000 $30,000 $20,000 $50,000 $800,000 $165,000 $965,000 $25,000 $25,000 $1,195.001 " ~ ~. \}\ ~ -C 9/21/98 IJ , " . . 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