HomeMy WebLinkAboutItem #01 Starke Lake Water Quality Improvement Grant
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AGENDA ITEM COVER SHEET
Meeting Date: January 30, 2007
Item # \
Contact Name:
Contact Number:
Stephen C. Krug
6002
Reviewed By:
Department Director:
City Manager:
Subject: Mayor To Execute DEP Agreement No. 50319, Starke lake Water Quality Improvement
Project Grant Assistance.
Background Summary:
Through the Department of Environmental Protection (DEP) and the Florida Watershed Restoration Act,
the City of Ocoee wishes to enter into a Grant Assistance Agreement for the Stark Lake Water Quality
Improvement Project. This project includes the construction of a regional stormwater pond to be located
on the north side of the City Hall Complex, improvements to the Lakeshore Drive drainage system and
shoreline plants on the west bank of Starke Lake.
It is requested that the Grant Assistance Agreement be executed before January 31, 2007 in order to
allow DEP to encumber the fixed capital outlay funding for this project.
Issue:
Mayor to execute DEP Agreement No, S0319, Starke Lake Water Quality Improvement Project Grant
Assistance.
Recommendations
Recommend approval for Mayor to execute DEP Agreement No, S0319, Starke Lake Water Quality
Improvement Project Grant Assistance.
Attachments:
. DEP Agreement No. S0319, Starke Lake Water Quality Improvement Project Grant Assistance.
. Attachment A, Grant Work Plan.
. Attachment B, Payment Request Summary Form.
. Attachment C, Special Audit Requirements.
. Attachment 0, Quality Assurance Rqmts For State Funded NPS BMP Monitoring Agreements.
Financial Impact:
Execution of Agreement No, S0319 will provide $1,400,000.00 in matching funds from the DEP for the
Starke Lake Water Quality Improvement project.
Type of Item: (please mark with an "x'J
Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deat Use:
Consent Agenda
Public Hearing
Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
2
Citv Manager
Robert Frank
Commissioners
Garv Hood. District 1
Scott Anderson, District 2
Rustv Johnson. District 3
Joel Keller, District 4
Mavor
S. Scott Vandergrift
STAFF REPORT
ocoee Public Works Te~
FROM:
Stephen C. Krug, Public Works Director
TO:
The Honorable Mayor and City Commissioners
DATE:
January 30, 2007
Improving a great community
RE: DEP Agreement No, S03l9, Starke Lake Water Quality Improvement Project Grant Assistance
ISSUE
Mayor to execute DEP Agreement No, S0319, Starke Lake Water Quality Improvement Project Grant
Assistance.
BACKGROUNDIDISCUSSION
Through the Department of Environmental Protection (DEP) and the Florida Watershed Restoration
Act, the City of Ocoee wishes to enter into a Grant Assistance Agreement for the Stark Lake Water
Quality Improvement Project. This project includes the construction of a regional stormwater pond to
be located on the north side of the City Hall Complex, improvements to the Lakeshore Drive drainage
system and shoreline plants on the west bank of Starke Lake.
It is requested that the Grant Assistance Agreement be executed before January 31, 2007 in order to
allow DEP to encumber the fixed capital outlay funding for this project.
1
DEP AGREEMENT NO. S0319
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1718 OF THE 2005-2006 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as
the "Department") and the CITY OF OCOEE, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter
referred to as "Grantee" or "Recipient"), a local government, to provide financial assistance for the Starke Lake Stormwater
Retrofitting Project.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as
follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement,
Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and
incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms
"Grantee", "Recipient" and "Contractor", are used interchangeably.
2. This Agreement shall begin upon execution by both parties and end no later than forty (40) months, inclusive. The
Grantee shall not be eligible for reimbursement for work performed prior to the execution date of this Agreement.
This Agreement may be amended to provide for additional services if additional funding is made available by the
Legislature.
3.
A.
As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department
shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $1,400,000. The parties
hereto agree that the Grantee is responsible for providing a minimum match of $1,400,000 (or 50% of the
total project cost, whichever is less) toward the project described in Attachment A. If the Grantee finds,
after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the
current estimated project cost, the parties hereto agree to modifY the Grant Work Plan described in
Attachment A to provide for the work that can be accomplished for the funding identified above.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and
acceptance of a properly completed Attachment B, Payment Request Summary Form. In addition to the
summary form, the Grantee must provide from its accounting system, a listing of expenditures made under
this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased,
date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of
travel expenses shall be in accordance with the travel requirements established in Section 112.061, Florida
Statutes.
C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will periodically
request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the
Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate.
This information, when requested, must be provided within 30 calendar days of such request. The Grantee
may also be required to submit a cost allocation plan to the Department in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State
guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for
State Expenditures at http://www.tldfs.comlaadir/reference%5Fguide.
DEP Agreement No. S0319, Page I of5
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future
appropriations.
5. The Grantee shall submit Attachment B, Payment Request Summary Form, in conjunction with quarterly progress
reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed
work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later
than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed
by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and
December 31. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by
the Grantee.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the
provisions of Section 768.28, Florida Statutes.
7.
A.
The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill
any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30)
calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult
with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30)
calendar days written notice.
8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all
documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement,
unless the records are exempt from Section 24(a) of Article 1 of the State Constitution and Section 119.07(1), Florida
Statutes.
9. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles consistently applied. The Department, the State, or their
authorized representatives shall have access to such records for audit purposes during the term of this Agreement and
for five years following Agreement completion. ln the event any work is subcontracted, the Grantee shall similarly
require each subcontractor to maintain and allow access to such records for audit purposes.
10.
A.
In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable
provisions contained in Attachment C, Special Audit Requirements, attached hereto and incorporated
herein by reference. Exhibit 1 to Attachment C summarizes the funding sources supporting the Agreement
for purposes of assisting the Grantee in complying with the requirements of Attachment C. A revised copy
of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or
decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the
Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated
information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further
apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of
financial assistance (federal and/or st~te) identified in Attachment C, Exhibit 1 when making its
determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB
Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a
subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for
Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that
can be found under the "Links/Forms" section appearing at the following website:
https://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
DEP Agreement No. S0319, Page 2 of 5
11.
A.
The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements
included in any subcontract and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any
subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be
solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and requests that
all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of
subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned
firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier
Diversity at (850) 487-0915.
12. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by
this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency.
13. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the
Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all
applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this
provision in all subcontracts issued as a result of this Agreement.
14. The Department's Grant Manager for this Agreement is identified below.
Eric Livin ston
Florida De artment of Environmental Protection
Bureau of Watershed Mana ement
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Tele hone No.: 850-245-8430
SunCom No.: 205-8430
Fax No.: 850-245-8434
E-mail Address: eric.livin ston
15. The Grantee's Grant Manager for this Agreement is identified below.
Stephen C. Krug, P .E.
Public Works Director
301 Maguire Road
Ocoee, Florida 34761
Telephone No.: 407-905-3170
Fax No.: 407-905-3176
E-mail Address: skrug@}ci.ocoee.fl.us
16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of
this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project
and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded
by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers'
Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of his employees not otherwise protected.
17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to
carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as
specifically provided in this Agreement.
DEP Agreement No. S03l9, Page 3 of 5
18. The Grantee 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.
] 9. The purchase of non-expendable personal property or equipment costing $] ,000 or more is not authorized under the
terms of this Agreement.
20. The Department may at any time, by written order designated to be a change order, make any change in the work
within the general scope of this Agreement (e.g., specifications, task time line within current authorized Agreement
period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement
of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or
time, shall require formal amendment to this Agreement.
21. If the Grantee's project involves environmentally related measurements or data generation, the Grantee shall develop
and implement quality assurance practices consisting of policies, procedures, specifications, standards, and
documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data
due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must
conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance
Requirements for Department Agreements, attached hereto and made part hereof as Attachment D, Quality
Assurance Requirements.
22.
A.
No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from
participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract
to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any public entity. The Florida Department
of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the
list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida
Department of Management Services, Office of Supplier Diversity, at 850/487-0915.
23. Land acquisition is not authorized under the terms of this Agreement.
24. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or
waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by
each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0319, Page 4 of 5
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written
below.
CITY OF OCOEE
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Title: *
By:
Secretary or designee
Date:
Date:
Eric Livingston, DEP Grant Manager
DEP Contracts Administrator
Approved as to form and legality:
DEP Attorney
FEID No.:59-60 19764
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number
Description (include number of pages)
Attachment
Attachment
Attachment
Attachment
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--12-
Grant Work Plan ( 6 Pages)
Payment Request Summary Form (2 Pages)
Special Audit Requirements (5 Pages)
Quality Assurance Requirements (8 Pages)
DEP Agreement No. S0319, Page 5 of 5
ATTACHMENT A
GRANT WORK PLAN
PROJECT:
Starke Lake Water Quality Improvement Project
PROJECT FUNDING:
$1,400,000 TMDL Grant
$1,400,000 Match
LEAD ORGANIZATION:
City ofOcoee - Department of Public Works
CONTACT PERSON:
Stephen C. Krug, P.E.
Public Works Director
301 Maguire Road
Ocoee, FL 34761
Phone: 407-905-3170
Fax: 407-905-3176
Email: skrug@ci.ocoee.fl.us
COOPERA TING ORGANIZATIONS: Not Applicable
PROJECT ABSTRACT: In an effort to improve the overall drainage of their City Hall municipal complex and surrounding
downtown area, the City of Ocoee plans to implement the Starke Lake Water Quality Improvement Project. This project will
be executed in two (2) distinct phases and will both improve the drainage of the surrounding area and enhance the water
quality of Starke Lake, which is currently identified as an impaired waterbody.
In an effort to better describe the water quality net benefit that this project will provide to Starke Lake, it was deemed
necessary to divide the 23 I-acre total drainage basin to be served by the proposed regional wet detention pond into two (2)
sub-basins. Sub-basin A, consisting of approximately I 55.7-acres, includes a large wetland system that runs from the south to
the north and separates the westem side of the basin from the eastern portion. In Sub-basin A, the western portion is
comprised of mostly urban residential land use, which flows toward the wetland system. PEC believes that the majority of
stormwater runoff from this area receives adequate pre-treatment by the wetland system before entering the ditch and flowing
east to Starke Lake. Sub-basin B, consisting of approximately 74.9-acres, is located east ofthe wetland system, and primarily
consists of urban residential and commercial land uses that receive no pre-treatment before entering Starke Lake through the
existing City Hall Ditch.
Sub-basin B, consisting of 74.9-acres of mostly developed land, is considered the "Treatment Area" for this project, as it will
receive a direct water quality benefit from the expansion of the City Hall ditch into the Starke Lake Regional Stormwater
Pond. In order to maximize the treatment volume for this project, PEC elected to design the regional stormwater pond based
on 2 feet of treatment storage instead of the standard eighteen (18) inches recommended when littoral zones are provided. It
is PEC's intention to select plant species that can tolerate the additional six (6) inches of inundation in the pond design.
Per approval granted by Ms. Cammie Dewey from the St. Johns River Water Management District during a meeting on
August 4,2006, PEC proposes to construct two stormwater ponds, namely Stormwater Pond "A" and Stormwater Pond "B",
which will be hydraulically connected by an overflow weir. In an effort to maximize the permanent pool volume and the
residence time in the proposed ponds, note that the proposed permanent pool depths associated with Stormwater Ponds A and
B consist of 19 feet and 17 feet, respectively.
Specifically, Stormwater Pond A will consist of a wet detention pond with a littoral zone, and a fountain for aeration and
aesthetic purposes. An overflow weir to be located under a pedestrian bridge will allow for stormwater from Pond A to stage
up and discharge into Pond B. Regarding Stormwater Pond B, it will consist of a wet detention pond with a littoral planting
shelf and a retaining wall to surround the entire perimeter of the pond, designed to maximize the permanent pool volume to
be provided within the pond.
DEP Agreement No. S03l9, Attachment A, Page 1 of 6
As part of Phase I, the City will convert the existing City Hall Drainage Ditch into the previously described two-pond
regional wet detention facility to serve a 75-acre urban drainage basin. The existing contributing basin area consists of the
City Hall building, Police and Fire Stations, Community Center, parking for the facilities, and various commercial and
industrial sites and roadways. The regional stormwater pond has been designed to intercept flows previously discharged
directly into Starke Lake with little or no treatment via the existing City Hall Drainage Ditch. The City of Ocoee has
purchased an adjacent residence in the amount of $130,000 in order to expand the size of the stormwater pond. The City is
currently purchasing a second adjacent property for $50,000 for additional expansion of the pond. This project also includes
improvements such as realignment of the City Hall driveway, curb and gutter, inlets, and storm sewer pipes in order to more
effectively capture stormwater runoff from the parking lot around the City Hall municipal complex. Educational signage will
be installed in kiosks constructed at regular intervals on the proposed walking path around the perimeter of the regional
stormwater pond. The educational signage to be posted will most likely encompass a series of signs developed by FDEP
describing stormwater processes and treatment, as well as the benefits of implementing stormwater treatment.
In Phase II of this project, the City will construct three (3) second generation baffle boxes to serve approximately 31-acres of
residential area just south of the City Hall municipal complex, west of Lakeshore Drive. Oakland Street, McKey Street,
Magnolia Street, and Lafayette Street are older brick streets with undersized storm sewer systems that provide no treatment
before discharging directly into Starke Lake. Therefore, in order to provide some level of treatment, second generation baffle
boxes will be installed in-line with the neighborhood drainage system. Furthermore, since this is a highly urban sub-basin, the
main pollutant contributed to Starke Lake is sediment. Second generation baffle boxes are able to intercept this sediment and
allow it to settle out, thereby discharging cleaner water into the lake. This phase of the project will provide a direct and
significant water quality net benefit to Starke Lake. In addition, the road base on Lakeshore Drive will be lifted and the brick
reconstructed with new curbing to improve the drainage flow to the second generation baffle boxes and to minimize sediment
transport to Starke Lake.
The urban flows for this area contribute a total pollutant load of over 19,000 kg/year to Starke Lake. The construction of the
proposed regional stormwater pond and three (3) second generation baffle boxes is predicted to reduce the total pollutant
loading to less than 6,000 kg/year and the landscaped stormwater pond area with park features will integrate with the City of
Ocoee downtown revitalization project. The City will also reconstruct the brick roadway and plant the shoreline with
vegetation along the west bank of the lake to further enhance the overall project. These improvements will beautify the
downtown area and along the same lines, attract more people to the area surrounding Starke Lake. Therefore, it makes sense
to concurrently retrofit the storm sewer system in this area in order to improve the water quality of Starke Lake, arguably the
areas most attractive feature.
PROJECT LOCATION AND WATERSHED CHARACTERISTICS: This project is located within Sections 17 and 18
of Township 22 South and Range 28 East within Orange County, Florida. More specifically, the contributing basin area is
located near the intersection of Franklin Street and Bluford Avenue and Lakeshore Drive (between Oakland and Lafayette
Streets), along the west shore of Starke Lake.
Watershed Name:
Latitude:
Longitude:
Hydrologic Unit Code(HUC):
Upper St. Johns (Middle St. Johns Basin)
28.57
81.54
03080101
Land Uses within the Watershed (acres and percentages of total):
Land Use Acres %
Agricultural 0.5 0.7
Highway 12.6 16.8
Single Family Residential 32.8 43.8
Low Intensity Commercial 1.9 2.5
High Intensity Commercial 18.5 24.7
Industrial 1.1 1.5
Recreation/Open Space 7.5 10.0
Wetlands 0.0 0.0
Open water/Lakes 0.0 0.0
Land Use Totals (Acrea2e and %) 74.9 100.0
DEP Agreement No. S03l9, Attachment A, Page 2 of 6
POLLUTION REDUCTION STRATEGY: This project is specifically identified by the Florida Department of
Environmental Protection (FDEP) Total Maximum Daily Load (TMDL) Program as a needed project for TMDL
Implementation projects in Group 2 (Middle St. Johns Basin). Starke Lake has been classified as impaired for nutrients (due
to TSI). The project will directly benefit this effort to improve the water quality of Starke Lake by decreasing nutrient loads
for 75-acres by 85% for Total Suspended Solids, 51% for Total Phosphorus and 41% for Total Nitrogen using a regional wet
detention pond (Phase I - Primary BMP). The project will also decrease nutrient loads for 31-acres by 70% for Total
Suspended Solids, 30% for Total Nitrogen and 25% for Total Phosphorus using three (3) second generation baffle boxes
(Phase II - Secondary BMPs).
PROJECT OBJECTIVE(S): As shown on page 5, the total pollutant loading from this basin into Starke Lake is
approximately 19,000 kg/year. The pollutant load consists of Total Suspended Solids (TSS), Total Phosphorus (TP), Total
Nitrogen (TN), Biochemical Oxygen Demand (BOD), Total Zinc (TZn), and Total Lead (TPb). The objective of this project
is to construct a regional stormwater pond that will capture untreated runoff from this basin, and treat it within the permanent
pool volume prior to discharging to Starke Lake. In addition to the proposed pond, three (3) second generation baffle boxes
will treat runoff associated with Lakeshore Drive.
PROJECT DESCRIPTION (PLEASE LIST ALL TASKS AND DELIVERABLES): The Starke Lake Water Quality
Improvement Project will consist of two (2) phases. Phase I includes converting the City Hall Drainage Ditch into a two-pond
regional wet detention facility controlled by a control structure located in the eastern portion of the ponds.
With these improvements in place, the stormwater runoff generated by approximately 75-acres of urban drainage basin will
be routed through the proposed City Hall regional storm water pond and treated by allowing suspended sediments to settle out
prior to discharging into Starke Lake. Landscape planting around the regional pond and educational signage is also part of
Phase I.
Phase II includes the construction of three (3) second generation baffle boxes for the drainage system associated with
Oakland Street, McKey Street, Magnolia Street, and Lafayette Street. The second generation baffle boxes will capture and
treat the runoff generated by the four (4) brick streets and approximately 3 I-acres of the downtown residential area. The
storm water will be treated and sediments will be allowed to settle out prior to being discharged into Starke Lake from the
area. Phase II also includes brick roadway reconstruction of Lakeshore Drive and shoreline planting on the west bank of
Starke Lake.
Task 1: Final Design and Permitting. Upon execution of the Agreement, the City of Ocoee will authorize the consultant to
begin the final design, prepare construction plans and submit permit applications. The plans and permit applications will be
prepared in phases to allow construction to begin as soon as possible. This task will also include public meetings to be held
prior to construction of each phase.
Deliverable(s): Copies of construction plans, drainage calculations, SJRWMD and FDEP permits, and meeting minutes.
Task 2: Construction of the two-pond regional wet detention facility. Stormwater ponds "A" and "B" will be constructed
along with the control structure as well as the landscape features. Construction will establish the full functionality of the two
stormwater ponds.
Deliverable(s): Construction of an approximately I-acre Regional Stormwater Treatment Ponds, As-built surveys and
drawings, and As-built certifications.
Task 3: Construction of the three (3) second generation baffle boxes, reconstruction of the brick roadway, and shoreline
planting on the west bank of Starke Lake. Construction will establish the full functionality of the second generation baffle
boxes and roads.
Deliverable(s): Installation of three (3) second generation baffle boxes, brick reconstruction, shoreline plants, As-built
surveys and drawings, and As-built certifications.
DEP Agreement No. S03l9, Attachment A, Page 3 of 6
Task 4: BMP Effectiveness monitoring plan. The monitoring plan will be based on DEP's generic stormwater BMP
monitoring guidance. A final monitoring plan will be developed and submitted to DEP for approval at least six months
before BMP construction is completed. Monitoring will focus on the wet detention pond, not the baffle boxes.
Deliverable(s): Monitoring plan for FDEP approval.
Task 5: Conduct BMP effectiveness monitoring. The monitoring will take place according to the plan approved by FDEP in
Task 4. The Grantee will subcontract with qualified staff to perform sample capture and analysis. The results of the
effectiveness monitoring will be presented in the final project report.
Deliverable(s): Monitoring report within final project report.
Task 6: Prepare and submit "draft" Final Report. The "draft" Final Report will be submitted to FDEP for a completeness
review.
Deliverable(s): Complete "draft" Final Project Report.
Task 7: Prepare and submit "Final" Report. Once comments on the "draft" Final Report are received, the Grantee will
finalize the document and submit it to FDEP.
Deliverable(s): "Final" Project Report with slides.
Task 8: Quarterly Progress Reports. Project progress reports will be submitted on a quarterly basis and will contain
information such as descriptions of completed tasks, descriptions of delays if encountered, project progress photographs and
a project chronology depicting the percent of the current phase and the entire project.
Deliverable(s): Quarterly Progress Reports.
Task 9: Public Education. Educational signage will be installed in kiosks constructed at regular intervals on the proposed
walking path around the perimeter of the regional wet detention facility. The educational signage will most likely consist ofa
series of signs developed by FDEP describing stormwater processes and treatment, as well as the benefits of implementing
storm water treatment. These kiosks, in addition to containing the educational signage, will provide citizens with website
addresses where they can learn more about stormwater treatment projects.
Deliverable(s): Educational Kiosks.
ESTIMATED POLLUTANT LOAD REDUCTION:
TWO-POND REGIONAL WET DETENTION FACILITY
BMP's Other Other
Installed TSS TP TN BOD k2/vr k2lvr
Two (2) kg/yr kg/yr kg/yr kg/yr
Wet Detention TZn TPb
Ponds
'" Pre-Project 13,322 75 506 2,333 27 32
"0
~ Post-
0 1,998 37 298 1,400 9 16
...:l Proj ect
.....
= Load
~ 11,323 39 207 933 18 16
.....
.E Reduction
'0 %
Q. 85 51 41 40 68 50
Reduction
Note: Refer to as Table 1
DEP Agreement No. 50319, Attachment A, Page 4 of 6
THREE (3) SECOND GENERATION BAFFLE BOXES
BMP's Other Other
Installed k2/yr k2/vr
Three (3) TSS TP TN BOD
Second kg/yr kglyr kg/yr kg/yr TZn TPb
Generation
Baffle Boxes
'" Pre-Project 2,520 21 159 571 5 5
"0
~ Post-
0 756 16 111 456 3 3
...;l Proiect
-
= Load
~ 1,764 5 48 114 2 2
-
-= Reduction
'0 %
Q.. 70 25 30 20 33 38
Reduction
Note: Refer to as Table 2
PROJECT MILESTONES:
Task Activity Start Complete
1 Final Design and Permitting Month 1 Month 12
2 Construction of Phase I (Stormwater Pond) Month 12 Month 21
3 Construction of Phase II (Three Second generation baffle Month 21 Month 30
boxes)
4 Prepare and submit monitoring plan Month 15 Month 21
5 Conduct BMP effectiveness monitoring Month 21 Month 36
6 Prepare and submit "draft" Final Report Month 36 Month 38
7 Prepare and submit "Final" Report Month 38 Month 40
8 Quarterly Progress Reports Month I Month 40
9 Public Education Month 15 Month 40
PROJECT BUDGET:
$0
Matching
Contribution
$180,000 Ci
Match Source *
Project Funding Activity
Land Ac uisition
Staff
Travel
E ui ment
Su lies
Contractual
BMP 1m lementation
Monitorin
Public Education
Grant Amount
Total:
Total Project Cost:
Percentage Match:
Note: Refer to as Table 3
$400,000 $400,000 Ci of Ocoee
$925,000 $670,000 Ci of Ocoee
$50,000 $100,000 Ci of Ocoee
$25,000 $50,000 Ci of Ocoee
$1,400,0 $1,400,000
$2,8
DEP Agreement No. S03l9, Attachment A, Page 5 of 6
*If a stormwater utility or other dedicated recurring fee is contributing, put that information in the following table.
MATCH SOURCE INFORMATION:
Match Source Name
Ci of Ocoee
BUDGET BY TASK:
Project Funding Activity Grant Amount Matching Match Source
Contribution
Land Acquisition (2 parcels) $0 $180,000 City of Ocoee
Design, Permitting, Public $25,000 $250,000 City of Ocoee
Involvement/Education
BMP Construction $1,275,000 $820,000 City of Ocoee
BMP Effectiveness Monitoring $50,000 $100,000 City of Ocoee
Project Administration and $50,000 $50,000 City of Ocoee
Reporting
Total: I $1,400,000 II $1,400,000 I
Total Project Cost: I $2,800,000 II I
Percentage Match: I 50% II I
OTHER FUNDING (Not Match - such as land acquisition or other federal grants):
Activit
Amount
Total: I
REFERENCES CITED:
1) "Stormwater Loading Rate Parameters for Central and South Florida," October 1994.
2) "Pollutant Removal Efficiencies for Typical Stormwater Management Systems in Florida,"
October 1995.
3) "Removal of Gross Pollutants from Stormwater Runoff Using Liquid/Solid Separation
Structures," Herr and Harper, 1999.
DEP Agreement No. S03l9, Attachment A, Page 6 of 6
ATTACHMENTB
PAYMENT REQUEST SUMMARY FORM
GRANTEE:
GRANTEE'S GRANT MANAGER:
DEP AGREEMENT NO.: S0319
DATE OF REQUEST:
PAYMENT REQUEST NO.:
PERFORMANCE
PERIOD:
PERCENT MATCHING
REQUIRED:
AMOUNT
REQUESTED:$
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End-of-Grant Period]
AMOUNT OF TOTAL MATCHING
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS
PAYMENTS
TOTAL
CUMULA TIVE
MATCHING
FUNDS
$N/A
$N/A
$N/A
Salaries $N/A $N/A $N/A
Fringe Benefits $N/A $N/A $N/A
Travel (if authorized) $N/A $N/A $N/A
Subcontracting:
Contractual $ $ $
BMP Implementation $ $ $
Monitoring $ $ $
Public Education $ $ $
Equipment Purchases $N/A $N/A $N/A
Supplies/Other Expenses $N/A $N/A $N/A
Land $N/A $N/A $
Indirect $N/A $N/A $N/A
TOTALS $ $ $
AGREEMENT AMOUNT $ $
Less Total Cumulative Payments of: $ $
TOTAL REMAINING IN GRANT $ $
GRANTEE CERTIFICATION
$
$
$
$
$N/A
$N/A
$
$N/A
$
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
DEP 55-223 (02/04)
DEP Agreement No. S0319, Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DA TE OF REQUEST: This is the date you are submitting the request.
AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS
REQUEST" column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period.
PERCENT MATCHING REQUIRED: Enter your match requirement here.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REOUEST" COLUMN: Enter the amount that was paid out during the invoice period. This must
be by budget category as in the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not
claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically
identified in the current Budget Narrative section of the current Grant Work Plan. Enter the column total on the "TOTALS"
line. Enter the budget amount on the "AGREEMENT AMOUNT' line. Enter the total cumulative amount of this request
and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN GRANT' line.
"TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been paid to date for
expenses by budget category. The final report should show the total of all payments, first through the final payment, etc.
Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the invoice period. This needs to be
shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the
"TOTALS" line for this column. Enter the match budget amount on the "AGREEMENT AMOUNT' line for this column.
Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE
PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the
"AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category. Put the total of all on the line titled "TOTALS." The final report should show the total of all
claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel
reimbursement form approved by the Department of Financial Services, Chief Financial Officer.
DEP 55-223 (02/04)
DEP Agreement No. S0319, Attachment B, Page 2 of 2
A TT ACHMENT C
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMS Circular A-I33, as revised, and/or other procedures. Sy
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local govemment or a non-profit organization as defined in OMS
Circular A-I33, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular
A-l33, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMS Circular A-I33, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMS Circular A-l33,
as revised, will meet the requirements of this part. .
2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-l33, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMS Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the intemet at httD://12.46.245.173/cfda/cfda.htmI.
DEP 55-215 (04/06)
DEP Agreement No. S0319, Attachment C, Page 1 of5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
I. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial
assistance awarded through the Department of Environmental Protection by 'this Agreement. In determining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
financial assistance, including State financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph I; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should
access the Florida Single Audit Act website located at httos://apps.fldfs.comlfsaaJ or the Govemor's Office
of Policy and Budget website located at htto://www.ebudget.state.fl.us/for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http://www.lel!.state.fl.us/Welcome/index.cfm, Governor's Website http://www.mvflorida.coml,
Department of Financial Services' Website htto://www.fldfs.comland the Auditor General's Website
htto:/ /www.state.fl.us/audgenloages/flsaa.htm.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (04/06)
DEP Agreement No. S0319, Attachment C, Page 2 of5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
120 I East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 40 I, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK
DEP 55-215 (04/06)
DEP Agreement No. 80319, Attachment C, Page 3 of5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (04/06)
DEP Agreement No. 80319, Attachment C, Page 4 of5
EXHIBIT - 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Al!reement Consist of the Following:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this A!!reement Consist of the Followinl! Matchin!! Resources for Federal Prol!rams:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recioient Pursuant to this Al!reement Consist of the Following Resources Subiect to Section 215.97, F.S.:
State CSF A Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Original Water Quality Assurance 2005-2006 37.039 Statewide Surface Water Restoration $1,400,000.00 088964
Agreement Trust Fund Line Item No. and Wastewater Projects
1718
Total Award I $1,400,000.00
-
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://12.46.245.173/cfda/cfda.html]and/ortheFloridaCatalogofStateFinanciaIAssistance(CSFA)[https://apps.tldfs.com/fsaa/searchCatalog.aspx]. The
services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
DEP 55-215 (04/06)
DEP Agreement No. 80319, Attachment C, Page 5 of5
A TT ACHMENT D
Quality Assurance Requirements
For State Funded NPS BMP Monitoring Agreements
1. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter
62-160, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work performed for
the Department of Environmental Protection under Contract" (DEP-QA-002/02), February 2002.
2. LABORATORIES
a. The CONTRACTOR shall ensure that all laboratory testing activities are performed by laboratories
certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH
ELCP) for all applicable matrix/method/analyte combinations to be measured.
b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall
apply for certification within one month of Contract execution between the laboratory and the
CONTRACTOR. Within six months of this Contract execution, the laboratory shall be fully certified for
all applicable matrix/method/analyte combinations to be performed. Regardless of when the laboratory
receives certification, the laboratory must implement all applicable standards of the National
Environmental Laboratory Accreditation Conference (NELAC) upon Contract execution.
c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract.
Should certification for an analyte or test method be lost, all affected tests shall be immediately sub-
contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte
combination(s). The CONTRACTOR shall notify the DEP contract manager in writing before any change
to a sub-contracted laboratory is made.
d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each
contracted or sub-contracted laboratory shall be provided to the DEP contract manager upon Contract
execution or upon receiving DoH certification (see items 2.a and 2.b above).
e. The CONTRACTOR shall ensure that an acceptable initial demonstration of capability (IDOC), as
described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that
performs any of the proposed matrix/method/analyte combination(s) must have the requisite IDOC
documentation and supporting laboratory records. IDOCs shall be performed before the test procedure is
used to generate data for this Contract. If requested by the Department, documentation that supports the
lOOC shall be made available for review.
f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall
obtain, analyze and evaluate performance test samples, standard reference materials (SRM) or other
extemally assayed quality control (QC) samples, hereinafter known collectively as quality control check
(QCC) samples.
(i) The laboratory shall ensure that the selected QCC samples(s) represent all matrix/method/analyte
combinations that are not subject to certification requirements.
(ii) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable
range established by the QCC sample provider.
g. Any non-standard laboratory procedures or methods that are proposed for use (Le., those not approved by
DEP for standard environmental analyses) shall be submitted for review and approval in accordance with
DEP-QA-OOl/Ol, "New and Alternative Analytical Laboratory Methods," February 1, 2004. These
procedures or methods shall be approved by the DEP contract manager before use under this Contract and
must be cited or described in the required planning document (see Section 6).
h. The CONTRACTOR shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits
(MDLs) required by the Contract are listed in the planning document (see Section 6).
L The CONTRACTOR shall ensure that the selected laboratory test methods listed in the planning document
can provide results that meet the Contract data quality objectives.
J. The CONTRACTOR shall ensure that all laboratory testing procedures follow the analytical methods as
approved in the planning document (see Section 6).
k. The CONTRACTOR shall ensure that the all laboratory quality control measures are consistent with
Chapter 5 of the NELAC standards.
1. In addition, the CONTRACTOR shall ensure that the quality control requirements specified in the attached
addenda are followed.
m. The CONTRACTOR shall ensure that all sample results are calculated according to the procedures
specified in the analytical methods approved in the planning document.
Revised 01/04/06
DEP Agreement No. 50319. Attachment D. Page 1 of 8
3. FIELD ACTIVITIES
a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract.
b. The CONTRACTOR shall ensure that all sample collection and field testing activities are performed in
accordance with the Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/01,
February 1,2004). The specific standard operating procedures (SOPs) to be used for this Contract shall be
cited in the planning document (see Section 6).
c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager
in accordance with section FA 2000 of DEP-SOP-OO 1/0 1. All non-standard procedures and methods must
be approved by the DEP contract manager before use under this Contract and must be cited or described in
the planning document.
d. Per the quality control measures outlined in the DEP SOPs (FQ 1000 and the calibration requirements of
the FT-series for field testing), the CONTRACTOR shall ensure that the following field quality controls
(and any additional quality control measures specified in the addenda) are incorporated into the project
design:
(i) Matrix-Related Quality Controls - The CONTRACTOR shall ensure that the laboratory is provided
with sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike
duplicates or laboratory duplicates as follows:
(1) The first time a sample from a sample collection matrix (see Table FA 1000-1) is collected;
(2) The last time samples are collected for the sample collection matrix.
(ii) Field-Generated Quality Control (QC) Blanks - Blanks associated with field activities as defined in FQ
1210 of the DEP SOPs shall be collected according to the requirements ofFQ 1230.
(1) If an analyte detected in the sample is also found in any field-generated QC blank that is
associated with the sample, the CONTRACTOR shall investigate and attempt to determine the
cause of the QC blank contamination. The outcome of this investigation shall be reported and
shall include a discussion of the corrective measures taken to minimize future occurrences of QC
blank contamination.
(2) If an analyte detected in the sample is also found in any field-generated QC blank that is
associated with the sample, the CONTRACTOR shall ensure that the analyte in the affected
sample is reported as estimated ("J" with a narrative explanation) unless the analyte concentration
in the affected sample is at least 10 times the reported QC blank value concentration.
4. REPORTING, DOCUMENTATION AND RECORDS RETENTION
a. The CONTRACTOR shall ensure that all laboratory and field records as outlined in Rules 62-160.240 and
.340, F.A.C. are retained for a minimum of five years after the project completion.
b. All field and laboratory records that are associated with work performed under this Contract shall be
organized so that any information can be quickly and easily retrieved for inspection, copying or
distribution.
c. The CONTRACTOR shall ensure that all laboratory reports are issued in accordance with NELAC
requirements. These reports shall be submitted to the DEP contract manager as part of Quarterly Progress
Reports and shall include the following information:
~ Laboratory sample identification (ID) and associated Field ID
~ Analytical/test method
~ Parameter/analyte name
~ Analytical result (including dilution factor)
~ Result unit
~ Applicable DEP Qualifiers per Table 1 of Chapter 62-160, F.A.C.
~ Result comment(s) to include corrective/preventive actions taken for any failed QC measure (e.g.,
QC sample, calibration failure, etc.) or other problem related to the analysis of the samples
~ Date and time of sample preparation (if applicable)
~ Date and time of sample analysis
~ Results oflaboratory verification of field preservation
~ Sample matrix
~ DoH ELCP certification number for each laboratory (must be associated with the test result(s)
generated by the laboratory)
~ MDL
~ PQL
~ Sample type (such as blank type, duplicate type, etc.)
~ Field and laboratory QC blank results:
Revised 01/04/06
DEP Agreement No. 503191 Attachment D, Page 2 of 8
· Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and
the planning document (see Section 6 below);
· Field quality control results including trip blanks, field blanks, equipment blanks, and
field duplicates (or replicates) as specified in the planning document (see Section 6)
~ Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable
~ Results of surrogate spike analyses (if performed)
~ Results of laboratory control samples (LCS)
~ Link between each reported quality control measure (e.g., QC blanks, matrix spikes, LCS,
duplicates, calibration failure, etc.) and the associated sample result(s)
~ Acceptance criteria used to evaluate each reported quality control measure
d. The CONTRACTOR shall ensure that the following field-related information is reported to the DEP
contract manager:
~ Site and/or stormwater BMP name
~ Field ID for each sample container and the associated analytes (test methods) for which the
container was collected
~ Date and time of sample collection
~ Sample collection depth, if applicable
~ Sample collection method identified by the DEP SOP number, where applicable
~ If performed, indicate samples that were filtered
~ Field test measurement results, if applicable:
· DEP SOP number (FT-series), where applicable
· Parameter name
. Result
. Result unit
· Applicable Data Qualifiers per Table I of Chapter 62-160, F.A.C.
~ Narrative comments discussing corrective/preventive actions taken for any failed QC measure
(e.g., blank contamination, meter calibration failure, split sample results, etc.), unacceptable field
measurement or other problems related to the sampling event.
e. The CONTRACTOR shall submit the lab and field data above electronically in either Excel or Access
format.
5. AUDITS
a. AUDITS BY THE DEPARTMENT - Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits
of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite
audits, the CONTRACTOR, upon request by the Department, must provide all field and laboratory records
pertinent to the contracted field and laboratory activities. If an audit by the Department results in a
determination that the reported data are not usable for the purpose(s) or do not meet the data quality
objectives specified by the Contract, the DEP contract manager shall pursue remedies available to the
Department, including those outlined in Section 8 below.
b. PLANNING REVIEW AUDITS -
(i) Initial: Within IS days of completing the first sampling and analysis event, the CONTRACTOR and
all associated subcontractors shall review the planning document (see Section 6 below) relative to the
completed field and laboratory activities to determine if the data quality objectives are being met,
identify any improvements to be made to the process, and refine the sampling and/or analytical design
or schedule. Within one month of the review, a summary of the review, including any corrective
action plans or amendments to the planning document, shall be sent to the DEP contract manager and a
copy shall be maintained with the permanent project records.
(ii) Ongoing: Planning reviews as described in item (i) above shall occur annually.
c. QUALITY SYSTEMS AUDITS - The CONTRACTOR and all subcontractors shall ensure that any required
laboratory and field quality system and management systems audits are performed according to the
respective Quality Manuals for each contracted and sub-contracted entity. These audits shall be
documented in the CONTRACTOR's and subcontractors' records.
d. STATEMENTS OF USABILITY - As a part of the audit process and the final report, the CONTRACTOR shall
provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality
Indicators specified in the planning document, this attachment and the addenda.
(i) The CONTRACTOR shall ensure that all acceptance and usability criteria required by this Contract
not specified above are listed in the planning document.
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DEP Agreement No. 50319. Attachment D, Page 3 of 8
(ii) The CONTRACTOR shall ensure that the results of all quality control measures described above are
evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning
document.
(iii) The CONTRACTOR shall ensure that all sample results are evaluated according to the additional
usability criteria specified in the planning document.
6. PLANNING DOCUMENT
a. The CONTRACTOR shall submit the planning document identified below to the DEP contract manager no
later than 120 days prior to the commencement of field and laboratory activities. Failure to submit the
planning document in this required timeframe shall result in a delay of approval to begin work until the
document has been submitted to the Department and approved by the DEP contract manager. The
document shall be submitted as a Samvling and Analvsis Plan or, if desired, as the final monitoring vlan
submitted to the DEP contract manager. In either case, the plan shall include/discuss the information
contained in the document "Requirements for Field and Analytical Work Performed for the Department of
Environmental Protection Under Contract", DEP-QA-002/02.
b. The CONTRACTOR and subcontractors may submit a version of the planning document to the Department
for approval no more than three times. If the CONTRACTOR fails to obtain approval for the planning
document after the third (final) submission to the Department, the DEP contract manager may suspend or
terminate the Contract.
c. The DEP Contract number shall appear on the title page of the submitted planning document. Within forty-
five (45) days of receipt of the properly identified planning document by the Department, the Department
shall review and either approve the planning document or provide comments to the CONTRACTOR and
affected subcontractors as to why the planning document is not approved. If further revisions are needed,
the CONTRACTOR shall then have fifteen (15) days from the receipt of review comments to respond. The
Department shall respond to all revisions to the planning document within thirty (30) days of receipt of any
revisions.
d. If the review of the planning document by the Department is delayed, through no fault of the
CONTRACTOR, beyond sixty (60) days after the planning document is received by the Department, the
CONTRACTOR shall have the option, after the planning document is approved, of requesting and
receiving an extension in the term of the Contract for a time period not to exceed the period of delayed
review and approval. This option must be exercised at least sixty (60) days prior to the current termination
date of the Contract.
e. Sampling and analysis for the Contract may not begin until the planning document has been approved.
f. Once approved, the CONTRACTOR shall follow the protocols specified in the approved planning
document including, but not limited to:
~ Ensuring that all stated quality control measures are collected, analyzed and evaluated for
acceptability;
~ Using only the protocols approved in the planning document; and
~ Using only the equipment approved in the planning document.
g. If any significant changes in procedures or test methods, changes in equipment, changes in subcontractor
organizations or changes in key personnel occur, the CONTRACTOR shall submit appropriate revisions of
the planning document to the DEP contract manager for review. The proposed revisions may not be
implemented until they have been approved by the DEP contract manager. If the CONTRACTOR fails to
submit the required revisions, the DEP contract manager may suspend or terminate the Contract.
h. When the approved planning document requires modification, the amendments shall be
(i) Provided in a new planning document, or
(ii) Provided as amended sections of the current planning document, or
(iii) Documented through written or electronic correspondence with the DEP contract manager and
incorporated into the approved planning document.
7. DELlVERABLES
a. The following lists the expected schedule for the deliverables that are associated with the Quality
Assurance requirements of this Contract:
(i) Copy of DoH ELCP Certificate( s) and the associated list( s) of specific fields of accreditation, per item
2.d above.
(ii) Non-standard laboratory or field procedures - The CONTRACTOR shall submit to the DEP contract
manager all required information necessary for review of non-standard procedures per items 2.h. and
3.b. above.
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DEP Agreement No. 50319. Attachment 0, Page 4 of 8
(iii) Reports of planning review audits as specified in item 5.b. above.
(iv) Statements of Usability as specified in item 5.d. above.
(v) Planning document per Section 6, above.
8. CONSEQUENCES
a. Failure to comply with any requirement of this attachment may result in:
(i) Immediate termination of the Contract.
(ii) Withheld payment for the affected activities.
(iii) Contract suspension until the requirement(s) has been met.
(iv) A request to refund already disbursed payments.
(v) A request to redo work affected by the non-compliant activity.
(vi) Other remedies available to the Department.
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DEP Agreement No. 50319. Attachment 0, Page 5 of 8
Addendum 1
Quality Control Requirements for Laboratories Performing Chemical Analysis
In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality
control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either
collected or analyzed under the terms of this Contract.
1. Matrix-Related Quality Control Samples - The CONTRACTOR shall ensure that samples associated with this
Contract are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates. The laboratory
shall analyze these samples:
a. The first time samples from a sample collection matrix (see Table FA 1000-1) are submitted to the
laboratory under this Contract for analysis. The laboratory shall select one or more of the received samples
for use in composition of the matrix spike and duplicates.
b. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall
select one or more of the received samples for use in composition of the matrix spike and duplicates.
c. Spike levels must be at the concentrations specified in item 3 below.
d. If the selected sample concentration is expected to be below the Contract-specified practical quantitation
limit (PQL) listed in the planning document, then matrix spike duplicates must be used.
2. Per NELAC Chapter 5 requirements, as least one Laboratory Control Sample (LCS; also known as Laboratory
Fortified Blank) shall be prepared, analyzed and evaluated with each batch of20 samples or less.
a. The acceptance criteria for the LCS shall be specified in the planning document.
b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If
the samples cannot be reprocessed, the data must be appropriately qualified.
3. For applicable analytes denoted in the planning document, a QC check sample, standard reference material
(SRM) or other quality control sample, hereinafter identified collectively as quality control check samples
(QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the
acceptance limits established for the QCCS.
a. Analysis ofa QCCS is required for but not limited to the following analyses:
(i) Chlorophyll - the assay for the QCCS or its original formulation shall have been determined by an
organization external to the laboratory ;
(ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) - the method-specified
glucose/glutamic acid check solution shall be used; and,
b. If the QCCS is unacceptable, the samples associated with the QCCS shall be reprocessed with a new
QCCS. If the samples cannot be reprocessed, the data must be appropriately qualified for all contracted
samples in the preparation batch.
4. Spiking/Fortification Requirements - All spike fortifications must take place prior to any required sample
preparation steps (e.g., sample extraction, sample digestion, pH adjustment, etc.). The final concentration of
any spike fortification shall be at the applicable level identified below.
a. If any of the samples in the preparation batch are non-detect (i.e., below the MDL specified in the planning
document), the spiking level must not be greater than 2 times the Contract-specified PQL.
b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted
sample in the preparation batch.
5. Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified by the
Contract and listed in the planning document or the data must be appropriately qualified.
a. If the failure is reported to be due to sample matrix interference, the laboratory shall document the process
by which this conclusion is determined.
6. Evaluation of Laboratory Duplicate/Replicate Samples - All replicate samples (sample duplicates, matrix spike
duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 %
RPD. This criterion shall be listed in the planning document.
a. In the event that laboratory replicate agreement is not observed, the laboratory must investigate the poor
precision and report the results with appropriate qualifiers and/or comments.
7. Instrument Calibration - In addition to calibration procedures specified in the analytical methods listed in the
planning document, the CONTRACTOR shall ensure that the following requirements are met:
a. All sample results shall be chronologically bracketed between acceptable calibration verifications.
b. Initial Calibration Requirements
(i) The minimum number of calibration standards required to calibrate each instrument used for the
contracted analyses shall conform to the analytical method approved in the planning document. If the
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DEP Agreement No. 50319. Attachment D, Page 6 of 8
minimum number of calibration standards is not specified in the method, the number must be specified
in the planning document and shall be consistent with the NELAC Chapter 5 standards.
(ii) Unless otherwise specified by the method, all sample results shall be based on the initial calibration
curve responses.
(iii) If linear regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all
regressIOns.
(iv) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified
using a second source. A second source may be a standard, a Standard Reference Material (SRM), or
other sample type with a verified concentration such as a QC Check Sample. Standards must have
been prepared from a different lot or vendor.
(v) The acceptance criteria for second-source verifications shall be specified in the planning document.
(vi) Sample analysis cannot proceed if an initial calibration is unacceptable.
c. Continuing Calibration Requirements:
(i) When an initial calibration is not performed on the day of analysis, a continuing calibration standard
shall be analyzed, evaluated and determined to be acceptable prior to analyzing samples.
(ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run.
(iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning
document.
(iv) For each analytical run, the analytical sensitivity must be evaluated using a continuing calibration
standard prepared at the Contract-specified PQL. The analyzed value of this standard must be within
70% - 130% of the expected value. If this PQL check fails, the blank and associated sample results
must be reported as "estimated" per Chapter 62-160, F.A.C. unless the affected results are at least 10
times the absolute value of the observed bias of the PQL check.
(v) If a continuing calibration verification fails, samples not chronologically bracketed by acceptable
calibration verifications must be reanalyzed or appropriately qualified.
d. Sample results below the Contract-specified PQL and above the highest calibration standard shall be
appropriately qualified.
8. Quality Control Blanks
a. If a Contracted analyte is detected in any analytical QC blank, the sample results that are associated with
the blank must be reported with the appropriate qualifier from Chapter 62-160, F.A.C., unless the affected
sample concentrations are at least 10 times higher than the calculated QC blank concentration.
b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC
blanks.
c. If a Contracted analyte is detected in the field blank, equipment blank or trip blank, the result must be
confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results associated with
the blank are at least 10 times the calculated blank concentration. The laboratory must investigate the
blank contamination to determine that positive blank results are not due to a laboratory error and report the
affected samples and field-generated blank results with appropriate qualifiers and/or comments.
9. If any quality control measure or calibration verification fails (including those specified above), samples that are
associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality
control measure or calibration must be appropriately qualified as specified in Chapter 62-160, F.A.C. An
explanatory comment must be attached to the final report for each result that has a qualifier code other than U, I,
or A. Any additional qualifier codes used but not explicitly listed in Chapter 62-160, F.A.C. must be identified
and defined in the report.
10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation
weights and volumes.
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DEP Agreement No. 503191 Attachment 0, Page 7 of 8
Addendum 2
Quality Control Requirements for Laboratories Performing Microbiological Testing
In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality
control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either
collected or analyzed under the terms of this Contract.
1. All microbiological analyses must conform to the requirements for facilities, personnel qualifications,
equipment specifications and quality control measures discussed in A WWA Standard Methods 20th edition,
section 9020.
2. Quality Control Blanks
a. If the membrane filter technique is used, the sample set(s) shall be associated with a beginning and ending
filtration blank.
b. The results of any blank must be < 1 CFU/1 00 mL or the associated sample results must be reported with
the appropriate qualifier from Chapter 62-160, F.A.C.
3. Laboratory Quality Control Duplicates
a. At least 10% of the samples (or one per test run) shall be duplicated.
b. All duplicate results shall be evaluated per method specifications using the precis on criterion. The range of
the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the
event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor
precision and report the results with appropriate qualifiers and/or comments.
c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the
laboratory established precision criterion) is not observed between results from field-generated replicate
samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to
a laboratory error and report the results with appropriate qualifiers and/or comments. The laboratory shall
use the analytical method specifications for precision control as a guide to evaluation of the field-generated
replicate results.
4. Colony Counts
a. In addition to the requirements listed below, all analytical results shall be calculated by the procedures
established in the microbiological methodes) approved for the Contract and listed in the planning document.
b. The laboratory shall make every attempt to ensure that colony counts are in the ideal range of 20 - 60
colonies per plate. Reported values from colony plate counts outside this range shall be qualified with a
"B" (unless the reported value is from a 100 mL sample and the count is less than 20).
c. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result
must be reported as "estimated".
d. The laboratory shall follow the reporting requirements specified in the method for other results that are
outside the ideal range (item 5.b. above)
e. If the sample result is "too numerous to count (TNTC)" the laboratory shall report the filtration volume
with the data qualifier "Z".
f. Colony counts from samples that have been verified shall be adjusted based on the verification results as
specified in the analytical method approved for this Contract and listed in the planning document.
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DEP Agreement No. 503191 Attachment D, Page 8 of 8