Contract SP236CONTRACTOR
Okeechobee County Board of
County Commissioners
304 Northwest Second Avenue
Okeechobee, Florida 34972
FEID No. 59- 6000 -768
DER CONTRACT NO. SP236
FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION
AGREEMENT FOR
OKEECHOBEE COUNTY UTILITY SYSTEM STUDY
RETURN THIS COPY
The Florida Department of Environmental Regulation (DER) hereby retains the
CONTRACTOR to conduct feasibility and preliminary engineering studies for the
purpose of providing sewer and potable water services to certain areas of
Okeechobee County. The study shall determine the areas to be served, the type
of service to be provided, the method of providing wastewater treatment and
disposal, the source of potable water and estimated costs. The study of the
sewer facilities shall meet the requirements of 201 facilities planning as
outlined in EPA Publication "Construction Grants 1985" (C.G. -85).
CONTRACTOR RESPONSIBILITIES
1. The CONTRACTOR is responsible for the professional quality, technical
accuracy, timely completion and coordination of all designs, drawings,
specifications, reports and other services furnished by the CONTRACTOR
under this contract. The CONTRACTOR shall, without additional
compensation, correct or revise any errors, omissions or other deficiencies
in its designs, drawings, specifications, reports and other services.
2. The CONTRACTOR shall issue a solicitation for the procurement of
engineering services in accordance with the requirements contained in
Chapter 287.055, Florida Statutes. The CONTRACTOR shall submit all
solicitation documents to the DER for review and consent prior to
commencement of the solicitation process.
REPORTS
The CONTRACTOR shall submit monthly progress reports commencing 30 days
after contract execution. A substantially complete draft final report shall be
submitted by the ,CONTRACTOR no later than September 1, 1991. A final
comprehensive report, together with two copies of the final study documents,
shall be submitted to the DER no later than December 10, 1991.
The CONTRACTOR agrees to provide a copy of any draft report and /or final
report to the DER before making, or allowing to be made, a press release or
other public announcement of the project findings.
DER Contract
No. SP236
Page 2
In an effort to conserve and recycle natural resources, the CONTRACTOR
shall submit all reports generated under this contract on recycled paper.
TERM OF AGREEMENT
This contract is effective on the date of execution and shall remain in
effect until December 10, 1991, by which date all requirements of this contract
shall have been completed.
SUBLETTING
The CONTRACTOR shall not sublet, assign, or transfer any work under this
contract without the prior written consent of the DER.
COMPENSATION
For satisfactory performance, the DER agrees to compensate the CONTRACTOR
on a cost reimbursement basis. Maximum compensation under this contract shall
not exceed $100,000.
The State of Florida's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature or
continuation of other funding presently anticipated.
PAYMENTS
The CONTRACTOR shall submit monthly invoices to coincide with the reports
required herein. A final invoice must be submitted no later than December 15,
1991 to assure funding is available for payment.
The DER reserves the right to retain 10%s of the total contract amount
pending submission of the draft final report. The CONTRACTOR shall invoice the
DER for the retainage upon DER's acceptance of the final report.
The DER shall, pay all satisfactory invoices in accordance with Section
215.422, Florida Statutes. Four copies of each invoice, including appropriate
backup documentation, shall be submitted to:
Department of Environmental Regulation
Bureau of Local Government Wastewater Financial Assistance
Attn: Mr. Don Berryhill
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
The State Comptroller requires detailed supporting documentation of all
costs under a cost reimbursement contract necessary for preaudit and postaudit
DER Contract
No. SP236
Page 3
review. Invoices shall be accompanied by supporting documentation and other
requirements as follows:
1. Salaries /Wages List personnel involved, salary rates and hours /time spent
on project.
2. Travel Travel expenses and per diem must be documented by a State of
Florida Travel Voucher with appropriate receipts. Reimbursement will be
made in accordance with Chapter 112.061, Florida Statutes.
3. Contractual (Subcontractors) Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup
documentation identical to that required from the prime contractor.
4. Equipment (Capital outlay over $500 in value) Reimbursement for the
purchase of equipment is subject to specific approval of the DER. Normally
such equipment remains the property of the DER and must be returned upon
contract completion.
5. Rental /Lease of Equipment Include copies of invoices, receipts, etc. to
document charges.
6. Other Expenses e.g., Materials, supplies, phone, reproduction, mailing,
etc. must be documented by itemizing and including copies of receipts or
invoices.
MANAGEMENT
The DER's Project Manager is Mr. Michael D. LeRoy, Phone (904)488 -8163.
The CONTRACTOR's Project Manager is Mr. M. Dale Milita, Phone (813)763 -6441.
All matters shall be directed to the project managers for appropriate action or
disposition.
The CONTRACTOR agrees to the following terms:
1. The DER may terminate this contract for its convenience. In this event,
the CONTRACTOR shall be compensated for work satisfactorily completed and
irrevocable commitments made.
2. All services shall'be performed by the CONTRACTOR to the satisfaction of
the Secretary or his designated representative.
3. If the CONTRACTOR fails to perform in a timely and proper manner, in the
judgment of the DER, the DER may terminate this contract by written notice,
specifying the effective time /date. In this event, the CONTRACTOR shall be
compensated for any work satisfactorily completed.
DER Contract
No. SP236
Page 4
4. The DER may at any time, by written order designated to be a change order,
make any change in the work within the general scope of the contract (e.g.,
specifications, time, method or manner of performance, requirements,
additional laboratory analyses, etc.). Any change order which causes an
increase or decrease in the CONTRACTOR'S cost or time shall require an
appropriate adjustment and modification (amendment) to this contract.
5. The CONTRACTOR shall maintain books, records and documents directly
pertinent to performance under this contract in accordance with generally
accepted accounting principles consistently applied. The DER, the State,
or their authorized representatives shall have access to such records for
audit purposes during the term of the contract and for three years
following contract completion.
6. The CONTRACTOR covenants that it presently has no interest and shall not
acquire any interest which would conflict in any manner or degree with the
performance of services required.
7.' The CONTRACTOR warrants that he has no employed or retained any company or
person, other than a bona fide employee working solely for the CONTRACTOR
to solicit or secure this agreement and that he has not paid or agreed to
pay an person, company, corporation, individual, or firm, other than a bona
fide employee working solely for the CONTRACTOR any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from
the award or making of this agreement. For the breach or violation of this
provision, the DER shall have the right to terminate this agreement without
liability and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
8. The DER reserves the right to unilaterally cancel this contract for refusal
by the CONTRACTOR to allow public access to all documents, papers, letters,
or other .material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the CONTRACTOR in conjunction with this
contract.
SEVERABILITY
In the event one or more provisions of this contract are declared invalid,
the balance of this contract shall remain in full force and effect.
ENTIRE AGREEMENT
It is hereby understood and agreed that this contract states the entire
DER Contract
No. SP236
Page 5
agreement and that the parties are not bound by any stipulations,
representations, agreements, or promises, oral or otherwise, not printed in this
contract.
OKEECHOBEE BOARD OF COUNTY FLORID: PARTMENT OF
COMMISSIONERS ENVI:• NTAL LATION
Date:
Attest:
Date:
Oct. 25, 1990
Deputy Clerk
Oct 25, 1990
Date:
A
Secret ry
REF: Contract No. SP236
M. Dale Milita, County Manager
February 8, 1991
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
304 N.W. 2nd St. Rm 106
Okeechobee, n 34972
MONTHLY REPORT
3 G r fs, C §0'2>t: C—C• r
January 1991
The AE proposal and contractual agreement is attached for your
review.
•—•7".7:
January 16, 1991
Mr. Dale Milita, County Manager
OKEECHOBEE COUNTY
Board of County Commissioners
304 N.W. 2nd Street, Room 106
Okeechobee, Florida 34972
RE: OKEECHOBEE COUNTY UTILITY SYSTEM STUDY
Florida Dept. of Environmental Regulation
DER Contract No. SP236
Project No. 90 -1349
Dear Mr. Milita:
CRAIG A. SMITH ASSOCIATES
CONSULTING ENGINEERS PLANNERS SURVEYORS
We propose to render professional engineering services in accordance with our
"Continuing Contract" in connection with the Okeechobee County Utility System
Study for the purpose of providing feasibility and preliminary engineering studies to
determine certain areas to be served by potable water of wastewater systems. The
potable water study will be very brief and will provide a general review of water
supply options.
Our services will consist of conducting a feasibility study and preliminary engineering
studies as set forth in the Scope of Services, Exhibit "A which is attached to this
letter. We will also furnish such additional services as you may request.
Based upon a meeting and subsequent telephone conference with Van Hoofnagle,
this study will result in a base facility plan sufficient to meet technical requirements
through the public hearing on the plan. Subsequent studies for determination of
rates, fees and charges, and preparation of all ordinances as required for the
subsequent dedicated revenue hearing are not included in this study. Additionally,
site specific studies and infiltration /inflow analysis of existing gravity collection
systems are not included in this study.
It is our understanding that The Board of County Commissioners has acquired a
grant of some amount to cover these services. Craig A. Smith Associates agrees
to work within guidelines, restrictions and restraints contained within contracts that
may cover funding for this project.
Corporate OtKee: 1000 West McNab Road, 'omnencr Bondi, MOM* emcee. (1'n ?tt .Uoott, t41i1 (c 40101 *0101101111
Mr. Dale Milita, County Manager
Okeechobee County
Board of County Commissioners
Page No. 2 of 3
Re: OKEECHOBEE COUNTY UTILITY SYSTEM STUDY
Florida Dept. of Environmental Regulation
DER Contract No. SP236
Project No. 90 -1349
Our basic services lump sum fee for this work shall be $100,000.00. Additional
authorized services will be charged on the basis of direct labor costs times a factor
of 2.5. Reimbursable expenses incurred in connection with all additional services
will be charged on the basis of actual cost. We will bill you monthly for services
and reimbursable expenses; payment is due within thirty (30) days of invoice. The
above financial arrangements are on the basis of prompt payment of our bills and
the orderly and continuous progress of the Project.
We would expect to start our services promptly after receipt of your acceptance of
this proposal and to complete our services within the time period specified in FDER
Contract No. SP236, as follows:
Draft Report September 1, 1991
Final Report December 10, 1991
Original drawings and computer design files and master drawings and original
reports shall be retained and owned by the Engineer subject to the right of the
County to retain a successor Engineer pursuant to Chapter 471 F.S. Reproducible
copies of the completed drawings, computer design files, and reports will be
provided to the County.
This Agreement may be terminated by either party upon receipt of thirty (30) days
notice in writing to the other party. Engineer shall finish all task items in progress
for which he has been authorized to work. The Engineer shall be paid at the
agreed upon rates for all work accomplished prior to the date of notice of
termination and such work as he may perform thereafter in accordance with prior
authorization and any additional work by mutual Agreement. Copies of the work
product completed to date shall be submitted to the County. The Agreement shall
be binding upon the successors and assigns of the respective parties hereto.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida, with venue in Okeechobee County, Florida.
If any disputes regarding this Agreement are litigated, the prevailing party shall be
entitled to attorneys fees and costs including collection expenses. The invalidity of
any one or more of the provisions contained in this Agreement shall not affect the
enforceability of the remaining portions of this Agreement.
Mr. Dale Milita, County Manager
Okeechobee County
Board of County Commissioners
Page No: 3 of 3
Re: OKEECHOBEE COUNTY UTILITY SYSTEM STUDY
Florida Dept. of Environmental Regulation
DER Contract No. SP236
Project No. 90 -1349
Sincerely,
CRAIG A. SMITH ASSOCIATES
Craig A. Spnith, P.E.
President
CAS:vm
Accepted this 24day of
By:
Title:
90.1349
UTIL-SYS.AGR
Any and all notices shall be in writing and be deemed given if delivered by hand or
certified mail.
The waiver of either party of a breach or violation of any term or provision of this
Agreement by the other party shall not operate nor be construed as a waiver of any
subsequent breach or violation of any provision of this Agreement nor any other
right or remedy.
This proposal, consisting of three (3) pages, and Exhibit "A" which consists of seven
(7) pages, represent the entire understanding between the Board and us in respect
of the Project and may only be modified in writing signed by both of us. If it
satisfactorily sets forth your understanding of our agreement, we would appreciate
your signing the enclosed copy of this letter in the space provided below and
returning it to us.
1927
OKEECHOBEE COUNTY BOARD OF COUNTY COMMISSIONERS
R sswsd For Lei
09 91
aearmrr
EXHIBIT "A"
PURPOSE AND NEED
Define the purpose of the study which outlines the need for a feasibility and
preliminary engineering study for the purpose of providing wastewater and briefly
review potable water services to certain areas of Okeechobee County. The study
will include a copy of regulatory directives (e.g., NPDES permit requirements, court
or enforcement orders, etc.) in the case of existing treatment facilities; or be subject
to stricter State WLA or legislative mandates; or substantiating that the proposed
project will reduce pollution and result in surface or groundwater use restoration or
public health improvement.
PART 1 POTABLE WATER
POTABLE WATER OPTIONS:
A brief review of the potential for water treatment and distribution will be included as
follows:
Review of existing water treatment and distribution systems.
Review the option of connecting into existing systems to purchase wholesale
water and provide distribution.
Review the potential for constructing a water treatment plant based on
surface water supply and /or ground water supply.
Note: A detailed study of the water treatment and distribution needs are not
included in this study.
PART II WASTEWATER FACILITIES PLAN (20 YEAR
PLANNING PERIOD)
WASTEWATER SYSTEM EFFLUENT LIMITATIONS:
Review and evaluate Effluent Limitations, which includes:
Review of effluent limitations for secondary treatment, or for treatment
deemed equivalent to secondary treatment, established for each surface water
discharge alternative
1
Review of treatment which may be more stringent than secondary treatment
based on water quality standards or State legislative mandates or laws.
Review of possible projects which use groundwater recharge, identify present
and future groundwater uses, apply applicable requirements of State or
National Primary Drinking Water Regulations, and propose a monitoring
program.
EXISTING CONDITIONS:
Existing Environment:
Review and evaluate Existing Environment, which includes:
Brief review of existing data and available information regarding surface and
groundwater hydrology (quantity, quality, and uses).
Topography, geology, and soils.
Population (both historical and present) and socioeconomic conditions.
Land use and development, including zoning and relationship between all
governmental agencies involved in the planning, financing, construction, and
operation of POTWs.
Organizational context of all governmental agencies involved in the planning,
financing, construction, and operation of POTWs.
Documented cases of septic system failures or public health problems, fish
kills, or well contamination directly related to water pollution.
Other existing environmental conditions are: wetlands, flood plains, coastal
zones, wild and scenic rivers and OFW, important farm lands, historic and
archaeological sites, national and natural landmarks, and plant and animal
communities and habitats which may be affected, especially those on the
threatened or endangered species list.
Existing Wastewater Flows and Treatment System Performance:
Review and evaluate Existing Wastewater Flows and Treatment System
Performance, which includes:
Inventory and location of all treatment plants, sludge management and
pretreatment facilities, pumping stations, and collection systems.
2
Design capacity, existing flows, characteristics of wastes, and overloaded
conditions.
Location and description of major industrial discharges.
Significantly developed areas served by on -site systems.
An analysis of average, peak, seasonal and wet weather flows.
Treatment plant performance compared with the NPDES permit.
Operation and maintenance program (compare with operating reports
submitted to the State).
Potential or documented problems relating to I /1.
Documentation of problems with onsite systems.
Infiltration and inflow:
Review and evaluate Infiltration and Inflow, which includes:
Conduct a field review of existing systems to identify potential 1/1 problems.
Based on the criteria of 120 gpcd for domestic base flow plus infiltration,
and/or no chronic operation problems caused by inflow, it could be concluded
that:
a. Excessive I/1 does not exist, in which case no further study is required;
or
b. Excessive 1/1 may exist, in which case either of the following may
apply:
Conduct further study, beyond the scope of this study, including
a cost effectiveness analysis, to more accurately determine the
existence of excessive I /I, and propose a sewer rehabilitation
program where appropriate; or
Propose that the treatment works be designed to accommodate
domestic base flow plus infiltration which is not significantly more
than 120 gpcd, in which case the allowable project cost may be
limited to the cost of a project with a capacity of 120 gpcd.
3
FUTURE CONDITIONS:
Planning Period:
Projected future conditions and needs for a 20 -year planning period.
Evaluate alternatives based on their cost effectiveness over the 20 -year
planning period even though some alternatives may have a design life shorter
than 20 years.
For staged facilities, develope a schedule and financing plan for the
construction of all subsequent stages, to provide adequate capacity for
wastewater treatment needs during the 20 -year planning period.
Assign reasonable, useful lives to major components of each alternative, and
consider their salvage value at the end of the planning period.
Consider replacement costs of process equipment over the 20 -year planning
period.
Land Use Projections:
Identification and protection of environmentally sensitive areas.
Utilization of land use projections in estimating future development wastewater
flows.
Population Forecast:
Projection for the 20 -year planning period.
Consistency with The City of Okeechobee 201 Facilities Plan and the
Okeechobee County Comprehensive Plan.
Forecast of Flow and Waste Load:
Review and Evaluate residential future flows based on an analysis of water
supply or wastewater flow records.
Residential wastewater strength approximates 200 mg /1 BOD and SS or is
otherwise justified.
Flow projections for commercial and institutional facilities to be reasonable
and supported by documentation where appropriate.
4
Future flow projections to consider limitations imposed by land use plans,
other regulatory constraints (e.g., air quality implementation plans), and results
of existing or future Ill studies.
Future Environment Without The Project:
Review and evaluate surface and groundwater hydrology (quantity, quality,
and uses).
Documented cases of septic system failures or public health problems, fish
kills, or well contamination directly related to water pollution.
Other existing environmental conditions are: wetlands, flood plains, coastal
zones, wild and scenic rivers, important farm lands, historic and
archaeological site, and national and natural landmarks.
DEVELOPMENT OF ALTERNATIVES:
Performance of Existing Facilities:
Review and evaluate the optimum performance level possible with the existing
City system and capabilities of serving the county areas.
Review and evaluate the feasibility of continuing the operation and
maintenance of the existing package treatment plants.
Unsewered Areas:
Inventory and mapping of existing unsewered areas.
General review of the unsewered areas using the Collection System Study
Checklist as a general guideline for the review. A more detailed analysis not
included in this study may be needed for each unsewered area that more
closely follows the CSS.
Review and evaluate the potential for sewering these unsewered areas.
Develop alternatives for sewering these areas if feasible.
Conventional Sewers:
Inventory and mapping of existing sewered areas.
5
4
General review of the sewered areas using the CSS as general guideline for
the review. A more detailed review not included in this study may be
required for each area that more closely follows the CSS if needed.
Alternative Conveyance Systems:
Investigate potential forcemain networks to transmit sewage from the existing
sewered areas and existing package treatment plants to proposed treatment
plant sites.
Evaluate master pump station applications were feasible.
Interceptor Sewers:
Inventory and mapping of all existing interceptor sewers.
Review sizes of the existing sewers with respect to existing flows, future
flows, and peak factors.
Evaluate potential interceptor sewers to serve future treatment plants.
Regionalization:
Review regionalization alternatives to ensure that the final selected alternative
is the most cost effective. Regionalization shall be evaluated to take into
consideration economies of scale and more efficient operation.
Conventional Treatment:
Determine the appropriate effluent limitations for the proposed method of
effluent disposal.
Evaluation of conventional treatment processes that meet the level of
treatment as required by the effluent limitations.
Evaluate treatment processes that are consistent with the size and location of
the proposed facility and community.
Innovative /Alternative Technologies:
Review of I/A Technology for collection, treatment, and disposal alternatives.
Review of low pressure sewer systems, for example, in unsewered areas.
6
Land Application Systems:
Site Selection Identify potential areas for sites and describe Categorical
elimination of land treatment because of lack of suitable sites is generally
unacceptable, unless well documented. Review the potential for acquisition or
existing ownership of potential areas.
Loading Rates and Land Area Preliminary design values which correspond
to EPA's process design manual.
Estimating Costs Preliminary costs for land treatment as compared with
referenced literature (EPA).
Environmental Effects The benefits of land treatment, including resource
conservation and higher levels of treatment.
Sludge Disposal:
Review and consider sludge treatment and disposal by evaluating several
alternatives appropriate to size and location of the project.
Consideration to be given to sludge treatment and disposal methods which
recycle or reclaim sludge (alternative technologies) such as compositing
methane recover, self- sustaining incineration, and land application.
Proposed sludge treatment and disposal methods to comply with regulatory
requirements of other applicable Federal laws (e.g., Clean Air Act, Resource
Conservation and Recovery Act).
Select alternatives to meet requirements of 40 CFR Park 257 and FAC 17-
640.
Identification of Principal Alternatives:
Select reasonable number of alternatives in light of the unique demographic,
topographic, hydrologic, and institutional characteristics of the area.
Use a logical, systematic methodology which considers costs, environmental
impacts, engineering, feasibility, public involvement, and implementability.
List sound reasons for rejected alternatives not considered worthy of further
analysis.
7
EVALUATION OF PRINCIPAL ALTERNATIVES:
Monetary Evaluation:
Sunk Costs
Present Worth (Capital, OM &R, Salvage)
Useful Life
Escalation (Land)
Staging of Construction
Engineering Evaluation:
Reliability and Flexibility
Revenue Generating Applications
Process Complexity
Implementabllity
Environmental imp acts
Public involvement (Public Meeting and Hearing)
Plan Selection:
Evaluate a reasonable number of varied wastewater management techniques.
Evaluate by using a logical, systematic methodology which considers costs,
environmental impacts, engineering feasibility, public involvement, and
implementability.
List of sound reasons for selecting the proposed project and rejecting other
principal alternatives.
8
SELECTED PLAN DESCRIPTION:
Description and outline of all major components of the system
Probable Cost of Construction Estimates
Provide Design parameters and effluent limitations
Capital Financing Plan:
identify alternate sources of financing.
Estimate annual wastewater facility costs.
Identify alternate sources of funding (rates, fees, and charges).
90 -1349
JTILSYS.AGR