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CLIFF STEPHENS PARK STORMWATER RETROFITTING INTERGOVERNMENTAL AGREEMENT BETWEEN THE TAMPA BAY ESTUARY PROGRAM AND CITY OF CLEARWATER FOR CLIFF STEPHENS PARK STORMW ATER RETROFITTING D.E.P. MAR 20 2001 ~~ Southwest DiS\{\C\ ~~ TillS AGREEMENT is entered into this JL day of 11/l-R..cl-f ,2001 by and between the TAMPA BAY ESTUARY PROGRAM (TBEP) and the CITY OF CLEARWATER hereinafter referred to as "the City". WIT N E SSE T H: WHEREAS, Tampa Bay was named to the National Estuary Program (NEP) on April 30, 1990, to improve and protect the environmental integrity of the Bay through the development of a Comprehensive Conservation and Management Plan (CCMP); and WHEREAS, the primary mission of the Tampa Bay NEP was completed in March 1997 upon the approval of Charting the Course, the CCMP for Tampa Bay, by Florida Governor Lawton Chiles and USEP A Administrator Carol Browner; and WHEREAS, in February 1998 local government and agency partners in the NEP entered into an Interlocal Agreement pursuant to ~ 163.01, Florida Statutes establishing a new legal entity known as the Tampa Bay Estuary Program for the purpose of implementing the CCMP; and WHEREAS, under the authority of the TBEP Interlocal Agreement, the TBEP is empowered to enter into this intergovernmental agreement; and NOW, THEREFORE, in consideration of the mutual terms, covenants, representations, and conditions herein contained, the parties agree as follows: 1. Covenant for Services. The TBEP does hereby retain the City to perform the "consultant and professional services" as defined herein, and the City does hereby agree to perform such services hereinafter referred to as the "PROJECT", for the TBEP upon the terms and conditions set forth in this agreement. This agreement is subject to regulations contained in 40 CFR Part 31.36. in effect on the date first written above. 2. Definition. Scope. and ~uality of Services. The scope of work to be performed by the City with respect to the PROJECT is attached hereto and incorporated herein as Exhibit "A". -1- /--1'\ 3. Consideration for Services. a) The TBEP will make available to the City a sum not to exceed $37,500 Dollars ofFY 96 Overmatch funding for completion of the Cliff Stephens Park Stormwater Retrofitting Project. b) The City shall submit completed invoices to TBEP with certification that the invoices are accurate and in accordance with the terms ofthis agreement and the approved budget. Invoices for both services and expenses shall be submitted on the forms as provided in Exhibit "B". The TBEP shall remit to the City within 30 days the entire invoice amount up to the total amount allocated for each task and upon certification by the TBEP Project Manager that it is consistent with the project budget and otherwise in accordance with the terms of this agreement. c) The City shall submit the final invoice for payment to TBEP no more than ninety (90) days after the agreement ends or is so terminated; if the City fails to do so, all right to payment is forfeited, and TBEP will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this agreement may be withheld until all work products due from the City, and necessary adjustments thereto, have been approved by the TBEP. d) Invoices requesting payment must be sent to the contract administrator at the following address: Misty Cladas, Office Administrator Tampa Bay Estuary Program Mail Station I-l/NEP 100 8th Avenue SE S1. Petersburg, Florida 33701 It is understood by the parties that the City is responsible for the appropriate expenditure ofthe funds provided to it by the TBEP and shall only expend such funds pursuant to the terms and conditions of this agreement and shall not utilize such funds for any other purpose. 4. Federal Laws and Regulations. a) If this agreement contains federal funding in excess of$100,000.00 the City shall, prior to agreement execution, complete the Certificate Regarding Lobbying Form, ATTACHMENT 1. Ifa Disclosure of Lobbying Activities Form, Standard Form LLL, is required, it may be obtained from the project manager. All disclosure forms as required by the Certification Regarding Lobbying Form must be completed and returned to the TBEP Project Manager. b) Ifthis agreement contains federal funding in excess of$1 00,000.00 the City shall, comply with all applicable standards, orders or requirements issued under Section 306 ofthe Clean Air Act (42 U.S.C., 1857(h), Section 508 ofthe Clean Water Act (33 D.S.C., 1368), Executive Order 11738 and E.P.A. regulations (40 CFR, Part 15). The City, when applicable, shall: -2- a) Comply with all applicable provisions of 40 CFR, Chapter I, Subchapter B, including but not limited to Parts 30 - 34 and other applicable regulations; b) Comply with the Americans with Disabilities Act of1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public accommodations. c) Comply with EP A quality assurance requirements pursuant to 40 CFR 31.45 prior to commencement of work. d) Ensure that any sub agreements contain the required provisions contained in 40 CFR 31.36(e) and (1). e) Prior to agreement execution certify that it has not been Debarred or Suspended pursuant to 40 CFR Part 32, Subparts A through D, ATTACHMENT 2. f) Comply with all provisions of 40 CFR 31.30 for all Budget and Programmatic changes. g) Comply with all Federal statutes relating to nondiscrimination. These include but are not limi ted to: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (3) Section 504 ofthe Rehabilitation Act of1973, as amended (29 U.S.c. 794), which prohibits discrimination on the basis of handicaps; (4) The Age Discrimination Act of 1975, as amended (42 US.c. 6101-6107), which prohibits discrimination on the basis of age; (5) Title VIII of the Civil Rights Act of 1968 (42 US.C. 3601 et. seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (6) The Americans with Disabilities Act of 1990, (42 U.S.C. 12101, et seq.), which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment public services, and public accommodations; (7) The requirements of any other nondiscrimination statute(s) which may apply to this agreement. h) Ensure the use of recycled paper for all documents and data including draft, interim, and final reports developed, created and written by the City pursuant to EP A Order 1000.25 and shall include on the bottom of the first page, "This document is printed on recycled paper". I) Comply with all requirements of all other F ederallaws, executive orders, regulations and policies governing this program. j) Ensure that all contractors, subcontractors, sub grantees, or others with whom it arranges to provide services will comply with the above laws and regulations. 5. Requirements of Section 287.058. Florida Statutes. -3- The City agrees: a) To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. b) Where applicable, to submit bills for any travel expenses in accordance with Section 112.061, Florida Statutes. c) To provide units of deliverables, including reports, findings, and drafts as specified in this agreement and the scope of work, to be received and accepted by the project manager prior to payment. d) To allow public access to all documents, papers, letters, or other materials subject to the provisions of the Federal Freedom of Information Act, 5 U.S.C. 552 and Chapter 119, Florida Statutes, and made or received by the City in conjunction with this agreement. e) That any products or materials which are the subject of, or are required to carry out this agreement shall be procured in accordance with the provisions of EP A Regulations 40 CFR 31.36 and Section 403.7065, Florida Statutes. 6. Audits and Records. The City agrees: a) To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the TBEP under this agreement. b) To assure that these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by TBEP personnel and other personnel duly authorized by the TBEP, as well as by federal personnel. c) To maintain and file with the TBEP such progress, fiscal and other reports as the TBEP may.require within the period of this agreement. Such reporting requirements must be reasonable given the scope and purpose ofthis agreement. d) To provide a financial and compliance audit to the TBEP as specified in OMB Circular A-128 and to ensure that all related party transactions are disclosed to the auditor. e) To include these aforementioned audit and record keeping requirements in all approved subcontracts. 7. Reimbursement for Authorized Expenses. If provided for by the terms of this agreement, the City shall be reimbursed for approved -4- .. expenses incurred under and pursuant to performance ofthis agreement. Approved expenses shall mean those expenses specifically authorized by this agreement, or those expenses for which the City has sought and obtained, prior to the expenses being incurred, written authorization and approval, on a specific item basis from the TBEP. All invoices and requests for reimbursement shall be submitted and records maintained in compliance with applicable State and Federal laws, rules, regulations, and guidelines, and policies of the TBEP. 8. Period of Agreement. This agreement shall begin upon execution and end within 12 months of execution date, inclusive. 9. Indemnification. The TBEP and the City agree to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence to the extent permitted by 9768.23, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by either the TBEP or the City. Nothing herein shall be construed as consent by the TBEP or the City to be sued by third parties in any manner arising out ofthis agreement. 10. Availability of Funds. The performance by either party under this agreement shall be subj ect to and contingent upon the availability of moneys lawfully appropriated and applicable for the purposes ofthis agreement. 11. Termination. a) This agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) ofintent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. . b) This agreement may be terminated in whole or part in writing by the TBEP or the City for its convenience, provided that the other party to this agreement is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. c) If termination for default is effected by the TBEP, or if termination for convenience is effected by City, the City shall be compensated for the work it has satisfactorily completed. If termination for default is effected by the City, or if the termination for convenience is effected by TBEP, the City shall be compensated for the work it has satisfactorily completed and for costs -5- reasonably incurred by the City relating to commitments which had become firm prior to the termination. d) Upon receipt of a termination notice under paragraphs a) or b) above, the City shall: (1) promptly discontinue all effected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the TBEP all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the City in performing this agreement, whether completed or in process. 12. Suspension. a) Reasonable Cause The TBEP may, for reasonable cause, temporarily suspend the use of funds by the City pending corrective action, or pending a decision to terminate the agreement. Reasonable cause is such cause as would compel a reasonable person to suspend the use of funds pursuant to this agreement; it includes, but is not limited to, the City's failure to permit inspection of records, or to provide reports, or to rectify deficiencies noted by the TBEP within the time specified by the TBEP, or to utilize funds as agreed in this agreement, or such other cause as might constitute breach of any of the terms of this agreement. b) The TBEP may prohibit the City from receiving further payments and may prohibit the City from incurring additional obligations of funds. The suspension may apply to any part, or to all of the City obligations. c) To suspend operations ofthe City, the TBEP will notify the City in writing 10 days prior to a suspension by Certified Mail of: the action taken, the reason(s) for such action; and the conditions of the suspension. The notification shall also indicate what corrective actions are necessary to remove the suspension. 13. Retention of Records. The City agrees: a) To retain all records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this agreement for a period of three (3) years after termination of this agreement, or if an audit has been initiated and audit findings have not been resolved at the end of three (3) years, the records shall be retained until resolution of the audit findings as provided in Chapter 119, Florida Statutes. b) EPA, the Comptroller General of the United States, the U.S. Department of Labor, and the TBEP shall have full access to and the right to examine any of said records and documents during said retention period. 14. Modification of Agreement. -6- This agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions ofthis agreement shall only be valid when they have been reduced to writing, duly signed by each ofthe parties hereto, and attached to the original of this agreement. 15. Proiect Managers. The City and the TBEP shall each designate a Project Manager to act as primary contact for all matters relevant to this agreement. The Proj ect Manager for TBEP shall be Richard M. Eckenrod, Mail Station I -l/NEP, 100 8th Avenue SE, St. Petersburg, Florida 33701. The Project Manager for the City shall be Terry Finch, City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758-4749. 16. Notices. All notices and other communications received or permitted to be given under the agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand or mailed certified mail, return receipt requested, postage prepaid on the date posted and addressed to the appropriate party at the following address or such other address as may be given to the parties: a) Mike Quillen, City Engineer City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 b) Richard Eckenrod, Executive Director Tampa Bay Estuary Program Mail Station I-1/NEP 100 8th Avenue SE St. Petersburg, Florida 33701 17. Members Liability. No covenant, stipulation, obligation, or agreement contained herein shall be deemed to be a covenant, stipulation, obligation, or agreement of any present or future memoer of the governing body or agent or employee ofTBEP or the Policy Board, nor any official executing this agreement shall be liable personally or be subject to any accountability for reasons of execution by the TBEP or the City of this agreement or any act pertaining thereto. 18. Assignment. This agreement may not be assigned by either party without the expressed written consent of the other. The parties each bind itself, its successors, assigns, and legal representatives to the other party hereto and to the successors, assigns, and legal representatives of such other party with respect to all covenants, agreements, and obligations contained herein. -7- 19. Payment Limitations. Project costs incurred prior to the effective date ofthis agreement are not fundable under this agreement. 20. Patents and Copyrights. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this agreement, or in any wise connected herewith, the City shall refer the discovery or invention to the TBEP to determine whether patent protection will be sought in the name of the United States of America and the State of Florida. Any and all patent rights accruing under or in connection with the performance of this agreement are hereby reserved to the United States of America and the State of Florida. In the event that any books, manuals, films or other copyrightable material are produced, the City shall notify the TBEP and all copyrights accruing under or in connection with the performance under this agreement are hereby reserved to the United States of America and the State of Florida. 21. Governing Laws. Nothing in this agreement shall be effective if contrary to Federal or Statutory authority. This agreement and the rights and obligations of the parties hereto shall be governed and construed according to the laws of the State of Florida. It is further acknowledged by the parties that this agreement is for services which are partially funded by the Federal Environmental Protection Agency and that the appropriate clauses of 40 CFR 31.36 ( e) and (I) supersede any conflicting provisions of this agreement. -8- IN WITNESS WHEREOF, the parties have caused these presents to be duly executed by their undersigned officials as duly authorized as of the day and year first abovementioned. BY: ~_bof!..LL '\ A. ~+z (Printed Name and Title) ATTEST:~~.A<--- k ~07'~----- Federal Employer I.D. Number: 59-3'50195Y Countersigned: t~I-/l-~ BriarfJ. Aungst ' " Mayor-CommissIOner Approved as to form: ~~ e C. Hayman r Assistant City Attorney Federal Employer I.D. Number: 59-6000289 F:\CONTRAC1\clw319h.iga ~i' l CITY OF CLEARWATER, FLORIDA By: ~~-:Jf William B Home, II Interim City Manager Attest: -9- CLlFF STEPHENS PARK STORMWA TER RETROFITTING LEAD ORGANIZATION: City of Clearwater CONTACT PERSONS: Terry Finch, Environmental Programs Coordinator Public Works Administration City of Clearwater P.O. Box 4748 Clearwater, Florida 33758-4749 (727) 562-4742 (727) 562-4755 (Fax) tfi nch .@clearwater-fl.us Janie Hagberg, P.E. Southwest Florida Water Management District, SWIM 7601 U. S. Highway 310 N. Tampa, Florida 33637 (813) 985-7481 (X2212) (813) 987-6747 (FAX) janie.hagberg@swfwmd.state.fI.us 1. City of Clearwater 2. Pinellas County 3. City of Safety Harbor (funded study phase - not a participant in construction phase) 4. Tampa Bay Estuary Program 5. Southwest Florida Water Management District, SWIM PROJECT LOCATION The project is located in the City of Clearwater in Cliff Stephens Park, and drains to Alligator Lake which is approximately three miles to the east and discharges to Old Tampa Bay (Section 7, Township 29S, Range 16E). Old Tampa Bay is part of Tampa Bay (Hydrologic Unit Code: 03100206 Tampa Bay Basin) and is an estuary of national significance included in the National Estuary Program and is the District SWIM Program's number one priority waterbody for protection, preservation and restoration. Figure 1 is a location map, which shows Cliff Stephens Park in relation to Alligator Lake and Tampa Bay. Cliff Stephens Park is within a city park with the majority of the property under public ownership. The park is located about one half mile east of US 19, a major connector in one of the most urbanized counties of Florida. A CSX railroad is located one-quarter mile to the north and residential developments surround the park. WATERSHED RESTORATION ACTION STRATEGY This project is anticipated to reduce nitrogen loading to the receiving water bodies. The proposed improvements will result in the following: · Reduce the quantity of sediments currently being transported downstream to Alligator Lake and finally, Tampa Bay. · Provide reduction of other non-point source pollutants that adsorb to suspended solids such as metals. · Enhance the habitat and, improve recreational benefits. · Provide public education and outreach. This project is specifically recommended in the Alligator Watershed Management Plan (Parsons ES 1997) which was funded by all of the cooperating agencies. It also supports the recommended actions for pollutant load reduction and protection of water quality and habitat found in the following plans: Tampa Bay NEP CCMP ID J 18 J CO Tampa Bay SWIM Plan SWFWMD's Tampa Bay/Anclote River Comprehensive Watershed Management Plan ESTIMATED POLLUTANT LOAD REDUCTION Sampling stations were installed upstream and downstream of the project site. Samples for metals and certain in organics were collected using the ISCO sequential sampling devices triggered by electronic data loggers. During the water quality sampling events, the highest levels of pollutants were recorded in Cliff Stephens Park, which has been subjected to a substantial increase in sedimentation in the last few years. Elevated levels of trace metals, specifically cadmium, lead, and zinc, were found in the sediments of the lakes in the watershed. Background levels of zinc are typically 1011g/L, but the levels in the sediments of wetlands in the Alligator Creek watershed averaged 10111g/L. This high average level is due to a reading of 63211g/L in Cliff Stephens Park. It is anticipated that the proposed improvements will reduce the annual total nitrogen (TN) load to Tampa Bay by 5,300 kg (11,600 Ibs). In addition to the annual reduction in TN, it is estimated the project will be capable of reducing the total phosphorus loadings by 3,800 kg/yr (8,400 lbs/yr), BOD loadings by 16,000 kg/yr (35,000 lbs/yr), and total suspended solids loadings by 220,000 kg/yr (485,000 lbs/yr). Since the project will be very effective in reducing suspended solids loadings, the project will be an integral component of the TBEP's Action Plan to address toxic contamination in Old Tampa Bay. PROJECT OBJECTIVES The Objective of the project is to reduce nonpoint source pollution loadings to Old Tampa Bay with' emphasis being placed on the removal of total nitrogen and total suspended solids (and those pollutants that adsorb to suspended solids). The Tampa Bay Estuary Program (TBEP) has established total nitrogen reduction goals for Tampa Bay which have been adopted by the FDEP as a TMDL for Tampa Bay. The project will significantly reduce both total nitrogen and suspended solids loadings Tampa Bay through natural methods, thereby buffeting the remaining existing habitat and benefiting wildlife. PROJECT DESCRIPTION Backaround The Alligator Creek Watershed, the second largest and most urbanized watershed within the city of Clearwater, drains 5,691 acres in central Pinellas County. Of this total acreage, 3,374 acres (60 percent) are within the Clearwater city limits. The remaining 40 percent of the basin are located within the city of Safety Harbor (312 acres) and unincorporated Pinellas County (2,005 acres). Alligator Creek has two main headwaters. The first is located in a high (elevation 65 feet above mean sea level [MSL]) area west of Keene Road, and the second is located north of Lake Chautauqua (elevation 90 fe~t MSL). Flow from the watershed travels a distance of approximately five miles before discharging to Alligator Lake, and ultimately to Old Tampa Bay. Land uses within the basin are predominantly low-density residential with an urban mix, including medium-density residential, commercial, industrial, open space, and preservation. Approximately 80 percent of the watershed have been developed, and many of the developments are developed prior to the requirement for stormwater treatment. Historical and Current Conditions within Cliff Steohens Park Land use changes within the Alligator Creek Watershed over the last 70 years have been significant. A cursory history of the changes within the basin can be determined from a review of historic aerial photography. In 1926, aerial photography shows a relatively intact floodplain and associated wetlands, with adjacent land uses predominantly agricultural or undeveloped. The railroad that runs parallel to the creek had already been constructed. By 1943 channelization of the creek had occurred east of McMullen Booth Road and agricultural activities were encroaching into the floodplain. US 19 had not yet been constructed and the area of the existing Cliff Stephens Park was predominantly intact wetlands. Alligator Lake was a shallow estuarine system, heavily vegetated with a narrow channel traversing heavy vegetation. By 1957, US 19 had been constructed, bisecting a large fresh water marsh that existed in this area, channelization had occurred east of US 19 to the west boundary of what is now the Friendly Village of Kapok Mobile Home Park. The remaining stream channel east of this point to McMullen Booth Road appeared to be intact, despite agricultural encroachments. An earthen berm had been constructed across the eastem end of Alligator Creek, creating Alligator Lake. Some dredging may have occurred, and the estuarine character of the system was completely altered. Areas that had been tidally inundated were now under at least 5 feet of fresh water. Within eight years, Alligator Creek was almost completely channelized, and the majority of the wetlands were filled. During the next 30 years, the majority of the remaining undeveloped parcels in the watershed were converted to residential, commercial, and industrial land uses. Although the construction of Cliff Stephens Park and the stormwater treatment facility at Old Coachman Road have had beneficial impacts on the watershed, the majority of the changes within the watershed have been detrimental to water quality, flood protection, and wildlife habitat. Alligator Creek is deeply incised as it traverses Cliff Stephens Park and conveys pollutant loads from surrounding residential and industrial land uses. Collaboration with Other Aaencies The City of Clearwater, the City of Safety Harbor, Southwest Florida Water Management District (SWFWMD) , and Pinellas County combined their efforts and funding to produce the Alligator Creek Watershed Management Plan. Public involvement is a very important component of this plan; watershed improvements cannot be realized without the willingness and cooperation of residents within the watershed boundaries. The residents within the watershed have had an active role in the shaping of the watershed plan. The basic purpose of the management plan is to identify the causes and sources of problems such as water quality degradation, flooding, and habitat loss and recommend solutions. Recommendations included restoration of habitat, reduction of impervious surfaces, altemative land uses, pollution reduction programs, capital improvement projects such as stormwater retrofitting programs, and public involvement and awareness. This management plan will be used as a tool in the planning, regulation, and management of natural resources and future development, and as a basis for determining and prioritizing capital improvements by the cooperating entities. The Alligator Creek Watershed Management Plan is the product of over 18 months of analysis and planning by staff from each of these govemment agencies and their consultant. Proiect Aooroach The project for which 319(h) funds are being requested includes the dredging and disposal of approximately 8,000 CY of sediments containing elevated levels of trace metals, specifically cadmium, lead, and zinc. In addition, the a sediment sump will be construction to trap and properly dispose of sediments prior to their discharge to Old Tampa Bay. The project is part of an existing lake system within a public park that is designed to treat discharges from a highly urbanized upstream basin using sedimentation, biological assimilation, biological decomposition, and adsorption. Cliff Stephens Park is one of the few remaining expanses of land that could benefit water quality, flood protection, recreation, and wildlife habitat within this urbanized watershed. Alligator Creek traverses Cliff Stephens Park and sustains the existing lake. As it travels, the creek deposits large amounts of sediment that over the years have created shoals within Cliff Stephens Park lake. Biological communities protect and maintain the soil. When the vegetation is disturbed by human activities, the rates of soil erosion increase rapidly, decreasing the value of the land for human activities such as recreation. Damage to the soil limits the ability of the plant life to recover following disturbances, and can render the soil completely unsuitable for plant growth. In addition, the soil particles suspended in water from runoff can kill freshwater animals, coral reef organisms, and marine life in coastal estuaries. Increased soil erosion can lead to premature filling of lakes, sedimentation of wetlands, diversion of streams and rivers, and flooding problems due to the reduced capacity of stormwater retention areas. Implementation of Best Management Practices to rectify past detrimental land disturbances within the Alligator Creek watershed is essential to overall water quality. The proposed improvements have been designed as part of the Alligator Watershed Management Plan and water quality and sediment samples have been collected upstream and downstream of the project site to set baseline data. The tasks that are needed to implement the proposed improvements include the following: Obtain construction pennits Finalize construction plans Bid and Award the designed construction plans Remove sediment and exotic vegetation Construct the stonnwater treatment features Plant the project area with desirable wetland vegetation Collect post-construction sediment and water quality samples Conduct Public Awareness Program Benefits of this Proiect Compared to flocculation technologies, traditional stormwater BMPs such as restoring the natural assimilative capacity of a lake, offer an ecologically comprehensive solution to non point source load reduction. Reduction of non-point source pollutants will include nutrients, metals, organics, suspended solids, and oil and grease. Improvements to aquatic and wildlife habitat will be realized through the removal of the sediments deposited in the park during the last few years. In addition, the trash and exotic vegetation will be removed to encourage the regeneration of native species. Long-tenn behavioral changes in the park visitors is the overall target for the proposed Public Awareness Program, which will achieve pollutant reduction for a larger area as this and similar programs reach the general population. And, since the site is within a public park, recreational use will be enhanced. PROJECT WATERSHED CHARACTERISTICS Cliff Stephens Park receives direct stonnwater runoff and baseflows from a highly urbanized watershed which was developed prior to the adoption of the 1982 stonnwater discharge regulations. Watershed Size (acres): 4297 acres Land Uses within the Watershed: . Residential (1795 acres) 42% · Commercial (535 acres) 12% . Industrial (323 acres) 8% . Open Land (737 acres) 17% . Open Water (251 acres) 6% . Roads (656 acres) 15% PROJECT TASKS: The proposed project improvements for Cliff Stephens Park have been designeq and are ready for construction pennits. The project was ranked as a priority project during the prioritization process held between the cooperating entities. TASK 1. CONSTRUCTION PERMITS The City has obtained the necessary construction pennits from the Southwest Florida Water Management District for the project. TASK 2. PROGRESS REPORTS The City will provide a monthly Progress Report discussing the status and progress of the project per task. Critical milestones will be referenced and deliverables will be provided to TBEP. TASK 3. PUBLIC INVOLVEMENT PROGRAM An essential component of this project is a public education and outreach program. There are numerous educational materials available from information brochures to curriculum. Outreach will include providing information regarding practices that can be implemented by the homeowner for the benefit of the local environment. Most residents, when educated regarding their impact on the environment, begin to act more responsibly. This behavioral change is what will make a difference to the enjoyment of the natural environment and produce long-term water quality benefits. The City of Clearwater Parks & Recreation Department has ongoing environmental educational programs based out of Moccasin Lake Park, which is located immediately to the northeast of Cliff Stephens Park. Parks and Recreation is proposing to expand existing educational programs to include Cliff Stephens Park and Kapok Wetland and Floodplain Restoration projects once construction is complete. The following describes details of the proposed program: A. Wetland Orientation! Overview Program: Each session once a month - open to the public and groups. 1. Wetland: Watershed Project 2. Wetland: Ecology 3. Wetland: Water Quality & Filtration Processes 4. Wetland: Freshwater Nursery B. Wetland Walks: Detailed Observations: Each session once or twice a month - open to the public and groups. 1. Wetland: General Orientation and Overview Walk 2. Wetland: Aquatic and Wading Bird Walk 3. Wetland: Plant Walk; Aquatic, Littoral Shelf Herbaceous, and Forest Species 4. Wetland: Reptile, Amphibian and Mammal Walk 5. Wetland: Insect and Spider Walk 6. Wetland: Early Morning Bird Walk 7. Wetland: Twilight Evening Exploration Walk C. Wetland Interactive Programs For General Public: Each program once a month -open to the public and groups. 1. Aquatic Wildlife Sampling, Terrestrial Insect Sweep, Exploration and Investigation Program. Indoor! Outdoor 2. Tracking Techniques and Animal Track Molds Program. (Birds, Reptiles and Mammals) Indoor! Outdoor 3. Kayak & Canoe Instructional Classes 4. Kayak & Canoe Interpretive Outing 5. Freshwater Fishing Program ( Both Children and Family Classes) D. Wetland Programs Instructed By Contract Agency Summer & Spring Camps Minimum of Once a Week 1. Aquatic Wildlife Sampling, Terrestrial Insect Sweep, Exploration and Investigation Program.T 2. Tracking Techniques and Animal Track Molds Program 3. Multiple variations of many of the above mentioned general public programs E. Wetland Programs Instructed By Pinellas County Environmental Resource Teacher at M.L.N.P. Once to twice a week. (1 Fourth Grade Class visits each day, Mon. through Fri. to the park. Water Ecology I Conservation is present theme.) 1. Aquatic Wildlife Sampling, Terrestrial Insect Sweep, Exploration and Investigation Program 2. Multiple variations of many of the above mentioned general public programs F. Static displays and self-guided tours will be provided to the public when other programs are not available. Self-guided tour information can be obtained at Moccasin Lake Park. G. Integrated Pest Management will be promoted through the use of existing educational and informational materials describing: . The use of natural predators, parasites, and other biological controls. . The use of pest resistant varieties of turf grass and landscape plants. Native plant species are frequently more resistant to pests and pathogens. . The modifications of environmental conditions so as to reduce the optimality of the pest habitat. This would entail not planting monocultures of specific plants. . Careful monitoring of pest abundance, and using pest-specific, less toxic pesticides such as Bacillus thuringensis. . The use of pesticides only when they are required as a specific component of the IPM. . The proper amount of fertilizer. . The proper type of fertilizer that contain nutrients in water-insoluble or controlled release form. . Where to purchase and how to apply fertilizers. H. Curriculum Materials: . Landscaping Guide for the Florida Yards and Neighborhoods Program · Naturescape Urban Wildlife Enhancement Program . Information on Xeriscaping . Curriculum is available for a variety of reading levels on a variety of subjects. Existing material containing water resources, non-point source pollution, and watershed management will be collected and/or duplicated and distributed to park visitors, neighboring schools, resource centers such as libraries, and other municipal facilities. . Project Summary Sheets - A brief summary of the project with funding sources and benefits to the public will be produced for distribution to the general public, local government officials, and park visitors. In addition a summary of the water quality and sediment sampling analysis will be produced in a form that is understandable to the general public and distributed to park visitors. I. Storm Drain Stenciling The City of Clearwater Public Service Department has an ongoing storm drain marking program which includes catch basins in the Alligator Creek watershed. The City is currently using metal plates with the message "NO DUMPING, DRAINS TO CREEK" and "NO DUMPING, DRAINS TO LAKE" for this program; as catch basins are cleaned on a scheduled basis the metal plates are attached or replaced as needed. This program enlightens citizens about the potential adverse effects of stormwater runoff entering surface water bodies. Many people allow paint, petroleum products and yard wastes to wash into gutters and into storm drains without consideration of the effects on surface waters these substances may have. This is a relatively inexpensive method to educate and involve citizens on the issue of non-point source pollution. TASK 4. FINAL DESIGN PLANS Final design plans of the project improvements will be prepared. The final design will include the preparation and review of the 100 percent design drawings, technical specifications, estimated costs, and constructability evaluation. These plans will include the areas of sediment removal, grading plan, survey information, detailed planting plan, details of the diversion structure and overflow weir, construction of the sediment basin, and erosion control. TASK 5. BID AND AWARD SERVICES The City will advertise the project for construction and provide services for bidding (pre-bid conference, bid documents, review of bids, etc.) and award. TASK 6. BMP IMPLEMENTATION A. Construction Administration The City will provide administrative services necessary to properly track and adhere to all appropriate laws and regulations concerning the execution of the contract document. B. Construction Management The City will provide services during construction (full or limited inspection, change order review, etc.), and project completion services (record drawing preparation, etc.) to ensure the construction of the project is in compliance with regulatory requirements. C. Construction The City will hire a contractor to perform the construction according to the approved construction plans. TASK 7. SLIDE LOG A visual log will be produced in slide form to document the progress of construction. This will be provided at the completion of the project. TASK 8. POST-CONSTRUCTION MONITORING To compare the results of water and sediment quality after construction of the project improvements with the baseline data obtained previously (not part of this project), the following subtasks will be performed: A. Quality Assurance/Quality Control Plan for Water and Sediment Sampling and Analysis B. Sediment samples will be collected at the same upstream and downstream stations as in the pre-construction sampling program. The same sampling methods will be used and procedures will be documented. Two samples at each of the two stations will be collected and analyzed for the same parameters as in the pre-construction sampling program. C. Water quality samples will be collected at the same upstream and downstream stations as in the pre-construction sampling program. The same sampling methods will t:ie used and procedures will be documented. Two storm event samples at each of the two stations will be collected and analyzed for the same parameters as in the pre-construction sampling program. D. At the end of the water quality sampling collection effort, the City will monitor the establishment and survivorship of the planted vegetation to assess success. TASK 9. DRAFT REPORT The City will develop a Draft Report of the project documenting the design criteria, construction, pre- and post-construction sampling, and public involvement. The Draft Report will be submitted to TBEP for review and comment. TASK 10. FINAL REPORT The City will provide two copies of a comprehensive Final Project Report documenting all of the project tasks with the slide log that presents the progression of the constructed improvements, discussion of BMPs with emphasis on the particulars of the project features, and the watershed management plan. Sampling results will be included as well as a comparison of pre- and post-construction analysis to evaluate the effectiveness of the project by estimating pollutant load reductions. Revisions according to the comments from TBEP on the Draft Report will be incorporated. The Public Involvement Program will be evaluated based upon number of requests for infonnation, number of materials distributed, and visitor comments recorded by the park staff. Funding for the project will be presented with information on the funding organizations. Problems and recommendations for future projects will be noted. A set of final design plans will be included. SPECIFIC OUTPUTS/DELlVERABLES: DELlVERABLEI BENEFITS ACTIVITY Water Quality Habitat Wildlife Construction permits Removal of shoals ..J Grading ..J " Diversion structure " ..J Planting " ..J " " Monitoring " ..J ..J " ..J Progress reports Final design plans Draft Report Final Report ..J Slide log of progress " Project summary " Distribution of data " Adopt-a-Creek " ..J " .J " Stormdrain stenciling ..J ..J ..J " " Distribution of brochures " ..J " " Distribution of educational " ..J " " " materials Visitor surveys " PROJECT MILESTONES: TASK/ACTIVITY START COMPLETE Task 1. Construction Pennits Task Completed Task Completed Task 2. Progress Reports Monthly Monthly Task 3. Public Involvement Program Ongoing Ongoing Task 4. Final Design Plans Task Completed Task Completed Task 5. Bid And Award Services Task Completed Task Completed Task 6. BMP Implementation January 2001 October 2001 . Construction Administration . Construction Management . Construction Task 7. Slide Log December 2000 December 2001 Task 8. Post-Construction Monitoring . Sediment Samples December 2001 February 2002 . Water Quality Samples December 2001 February 2002 . Plant Monitoring July 2001 September 2002 Task 9. Draft Report September 2002 October 2002 Task 10. Final Report November 2002 December 2002 PROJECT BUDGET: Estimated Project Costs by Activity The Project Team (City of Clearwater, Pinellas County & SWFWMD) has spent $50,000 to develop construction plans for the project. The funding requested is for the project implementation only. DELIVERABLE/ACTIVITY PROJECT Tampa Clearwater SWFWMD Pinellas FDEP COST Bay County (319h) Estuary Program Staff $105,000 $105,000 Equipment/supplies $ 5,000 $5,000 Contractual $ 7,000 $7,000 BMP Construction $637,041 $37,500 $203,321 $110,000 $44,220 $242,000 Public Education $ 10,000 $10,000 Monitoring $ 15,000 $15,000 Total $779,041 $37,500 $345,321 $110,000 $44,220 $242,000 BUDGET BY TASK~ TASK COST Task 1. Construction Pennits $ 2,000 Task 2. Progress Reports $ 6,000 Task 3. Public Involvement Program $10,000 Task 4. Final Design Plans Done Task 5. Bid And Award Services $ 4,000 Task 6. BMP Implementation . Construction Administration $ 5,000 . Construction Management $100,000 . Construction $637,041 Task 7. Slide Log $ 2,000 Task 8. Post-Construction Monitoring $ 15,000 . Sediment Samples . Water Quality Samples . Plant Monitorino Task 9. Draft Report $ 4,000 Task 10. Final Report $ 4,000 Total $779,041 TAMPA BAY NATIONAL ESTUARY PROGRAM APPROVED INVOICE FORMAT PROJECT SUMMARY PROJECT NAME: PROJECT NUMBER: CONTRACTOR: INVOICE NUMBER: FOR THE PERIOD Current Invoice Salaries Fringes (if not included in salaries) Materials/Supplies Indirect overhead Travel Subcontractors Other costs TOTAL COST EXHIBIT B TO Cumulative Total Billed I hereby certify that costs requested for reimbursement are directly related to performance under the contract, are allowable, allocable, properly documented, and in accordance with the approved project budget, and this invoice covers percent of work completed under this agreement. Date Page 1 of 3 . TAMPA BAY NATIONAL ESTUARY PROGRAM APPROVED INVOICE FORMAT SALARIES PROJECT NAME: I PROJECT NUMBER: CONTRACTOR: INVOICE NUMBER: FOR THE PERIOD TO Number of Hours I I Name & Staff Category Billing Task Task Task Task Task Task Task Total Rate 1 2 3 4 5 6 7 Cost Page 2 of 3 TAMPA BAY NATIONAL ESTUARY PROGRAM APPROVED INVOICE FORMAT: EXPENSES PROJECT NAME: PROJECT NUMBER: CONTRACTOR: INVOICE NUMBER: FOR THE PERIOD TO FRINGES Salary Base x Rate = Costs MATERIALS AND SUPPLIES COSTS Total Materials and Supplies this period INDIRECT OVERHEAD Base Cost x Rate = Total Indirect SUBCONTRACTS (Attach copy of invoice) Sub-contractor name Total Subcontractor Cost TRAVEL (attach copies of reimbursement vouchers) OTHER COSTS (Itemize) Cost TOTAL EXPENSES Page 3 of 3