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Home My WebLink About2005-192 -17 F� Contract SF611AA { Amendment #2 SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR THE SEDIMENT, FLOW REDUCTION, AND OTHER WATER QUALITY IMPROVEMENTS WITHIN THE INDIAN RIVER FARMS WATER CONTROL DISTRICT THIS AMENDMENT is entered into this Zf day of - 16zj , 2005 , by and between the GOVERNING BOARD of the ST . JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District") , whose mailing address is 4049 Reid Street, Palatka, Florida 32177 and INDIAN RIVER COUNTY ("County"), whose address is 1840 25th Street, Suite N- 158 , Vero Beach, Florida 32960-3365 . WHEREAS , the District and County entered into Agreement SF611AA on Januaiy 15 , 2002 , for advancement of a Master Stormwater Plan to reduce sediment and nutrient flows to the Indian River Lagoon and amended the Agreement on February 18 , 2003 (Amendment # 1 ) . WHEREAS , the District and County desire to modify the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration , the District and County hereby agree to the following amendments : 1 . ARTICLE I — TERM : delete this paragraph and replace it with the following paragraph: "The term of this MOU shall commence on the effective date , January 15 , 2002 , and shall terminate `err• on January 15 , 2007 . " 2 . ARTICLE II — PROJECT IDENTIFICATIONAMPLEMENTATION: delete this paragraph and replace it with the following paragraph : "A listing of projects for implementation by County is identified in Exhibit "A-3 , " attached hereto and by reference made a part hereof. From and after the effective date of this Amendment, Exhibit "A-2" shall have no further force and effect. As further projects become agreed upon by County , Indian River Farms , and the District, this MOU may be amended to include same . " 3. ARTICLE III — .COUNTY ' S RESPONSIBILITIES : Paragraph #5 shall be deleted and replaced with the following paragraph : "5 . County and/or its consultant team shall be responsible for project construction and shall invoice the District upon completion of each task identified in the Master St rmwater Plan , including proper documentation, for reimbursement from the $4 . 33 million approved by the Legislature in its fiscal year 2000-2001 and the $ 1 . 5 million in Florida Forever funding appropriated for this work in 2003 and added by this Amendment ( for an aggregate appropriation of $5 . 83 million) . Invoices shall reference the MOU and shall be submitted to Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177 . Invoices for work performed utilizing the $ 1 . 5 million Florida Forever appropriation shall be billed separately from the original $4 . 33 million Legislative appropriation . Each invoice shall be submitted in detail sufficient for a proper pre-audit and post-audit review arid shall comply with the document requirements described in the Comptroller Memorandum, d ited October 7 , 1997 , attached to Amendment # 1 as Exhibit ` B . " Page 1 of 9 I� Contract SF611AA Amendment #2 4. ARTICLE IV — DISTRICT ' S RESPONSIBILITIES : Paragraph #2 shall be deleted and replaced with the following paragraph : "2 . For satisfactory performance of the Work outlined in the MOU, the District agrees to reimburse County an aggregate sum in an amount not to exceed $5 . 83 million Payments due under this MOU are subject to the availability of funds from the Florida Legislature and the Florida Forever Trust Fund . " 5. ARTICLE VI — GENERAL : Paragraph #3 shall be deleted and replaced with the following paragraph: "3 . This MOU may be terminated at any time for cause or convenience upon thi y (30) calendar days prior written notice to the other party . In the event that this MOU is terminated , the District shall compensate County for all authorized and accepted work thro gh the date of termination and the remainder of the unspent funds from the $4 . 33 million Legislative appropriation and the $ 1 . 5 million Florida Forever appropriation will be held in reserve by the District to be used in a subsequent MOU between the District and County , consistent with the provisions of the appropriation or Legislative action . " The District and County agree that all other terms and conditions of the original Agreement are hereby ratified and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set forth above . ST. JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT I`^ By . f By : Y Kirby B . GreenIlf, Executi e Director Thomas S . Lowther . Chairman Typed Name and Title Date : L/z y�S" Date : December 13 , 2005 APPROVED BY THE OFFICE OF GENERAL COUNSEL Attest. St nley J . Niego, s ner stant G 1 Counsel ed Name and Title PPROVED : Attachment : Exhibit A-3 � C unty Ackninistrator APP Al)) AS fQ FORM LE FFICI N Y Y Page 2 of 9 I F L ASSISTANT COUNTY ATTORNEY c Contract S17611 Amendment #2 EXHIBIT A = 3 Note : All costs and timeframes listed below are preliminary estimates and are therefore, subject to change . The County will bid all projects and provide construction manage ent services . Project Description/ Estimated Timeframes Project Name Location Tasks Cost Start I Complete A . PART A — PROJECTS WITHIN THE MAIN AND SOUTH RELIEF CANAL BASINS Project No. A - 1 : Modify the Main Relief Canal east of 43rd The existing radial arm gate existing radial arm gate Avenue structure consists of three discrete structure at the Main Relief radial arm gates . The middle radial Canal arm gate is set approximately one - foot below the other two gates and 3 serves as an overflow weir. When �� the radial arm gates are opened , $ '" settled solids immediately upstream , of the gate are re-suspended and 1,„ +a discharged into the Indian River 44444 Lagoon . This project will replace one of the radial arm gates with a ' . .. raw, tilting-type weir gate . Purpose: ( 1 ) to provide more accurate water `° ' level control, (2) to allow more water to be retained upstream of the structure , and (3 ) to minimize ' release of settled solids when the water level is lowered . Design and Permitting $ 169271 5/ 15/2003 complete Land Acquisition ( 1 ) N/A N/A Construction 1 8 10/ 10 0 ', �, � ons ruc io . ,IqA 7777 101 N11 Page 3 of 9 Contract SF611AA Amendment #2 Project Description/ Estimated Timeframes Project Name Location Tasks Cost Start Complete Project No. A -2 : Modify the South Relief Canal east of 27th The existing radial arm gate `''E existing radial arm gate Avenue structure consists of three discrete ' ` structure at the South Reliefs radial arm gates . The middle radial Canal arm gate is set approximately one- foot below the other two gates and therefore , also serves as an overflow weir. When the radial arm gates are opened , settled solids immediately upstream of the gate are re-suspended and discharged into the Indian River Lagoon . This project will replace one of the radial arm gates with a tilting-type weir gate . Purpose : ( 1 ) to provide more accurate water level control , (2) to allow more water to be retained upstream of the structure , and ( 3 ) to �;,, , minimize release of settled solids E when the water level is lowered . Design and Permitting $ 165271 5/ 15/2003 complete Land Acquisition ( 1 ) N/A N/A k K o 3 ,010/2003 y C Construction $ 17 64 78 10/2005 Page 4 of 9 Contract S17611A Amendment #2 Project Description/ Estimated Timeframes Project Name Location Tasks Cost Start Com lete Project No. A -3 : Modify the Lateral "C" Canal The existing radial arm gate existingradial arm ate g structure consists of three discrete structure at the Lateral "C" radial arm gates . The middle radial Canal arm gate is set approximately one- foot below the other two gates and therefore , also serves as an overflow weir. When the radial , arm gates are opened , settled solids immediately upstream of the gate are re-suspended and discharged into the Indian River Lagoon . This project will replace one of the radial arm gates with a tilting-type weir gate . Purpose : ( 1 ) to provide more accurate water level control , (2) to E : allow more water to be retained upstream of the structure , and ( 3 ) to ., minimize release of settled solids 4y' when the water level is lowered . � , ��k ` ��`�a ug iw r�if Design and Permitting $ 16 ,271 5/ 15/2003 complete Land Acquisition ( 1 ) N/A N/A Construction $ 1739064 . 78 1 10/2005 . a ,^ P ,¢ • �i s ,f' O S .. �u ` Projec Floating t debris booms in Immediately upstream of the Install floating debrisacross� � l4 A- 4 • booms ,qL A . the proposed Main Relief Canal the canal to trap floating solids . n Main Relief Canal (Project vortex treatment system The collected solids will be will be designed and � g continuously removed using ;. constructed concurrently with mechanical equipment . Vortex -type treatment system Design and Permitting 5 See times for Pro ' ect in the Main Relief Canal ) A-6 Land Acquisition ( 1 ) N/A N/A Construction (5 ) See times for Project A -6 Page 5 of 9 Contract SF61 lAA Amendment #2 Project Description/ Estimated Timeframes Project Name Location Tasks Cost Start Com lete J Immediately upstream of the Install floating debris booms a Pro ' ect No. A-5 : across Floating debris booms in proposed South Relief Canal the canal to trap floating solids . South Relief Canal (This vortex treatment system) The collected solids will bek project will be designed and continuously removed using nl . . ' constructed concurrently with mechanical equipment . the Vortex-type treatment Design and Permitting (5 ) See times for Project system in the South Relief A-7 Canal) Land Acquisition ( 1 ) N/A I N/A Construction ( 5 ) See times for Project Project No. A-6 : Vortex-type Main Relief Canal . � � The County Construct a treatment facility treatment system in the Main will locate this structure as far ( vortex units and traveling bar ,, , . •_ ' Relief Canal downstream as practical . (A screens) to remove floating solids potential location is in the diverted into the facility by the ;m vicinity of the existing spillway floating debris boom and to remover structure , north of the County sediments in medium to small Administration Building and flows . south of the Vero Beach Design and Permitting $ 1659000 complete by 12/2005 Municipal Airport . ) Land Acquisition ( 1 ) N/A I N/A Construction $ 39500,000 nine months = 1 u 11 Pro outh Relief Canal . The C ° Construct a treatment facility ° J yp S ect No. A -7 : Vortex-t e t treatment system in the South County will locate this structure (vortex units and traveling bar " , Relief Canal as far downstream as practical . screens) to remove floating solids ' ' " '°�`"� : diverted into the facility by the E "k floating debris boom and to remove .r medium to small flows . UN u> ° z• Design and Permitting $ 165 ,000 complete by 12/2005 Land Acquisition ( 1 ) N/A I N/A Construction $2, 7509000 nine months Page 6 of 9 Contract SF611 A Amendment #2 Project Description/ Estimated Timeframes Project Name Location Tasks Cost Start Com Tete E ( 5 . e . , t Y. :.4 'ten"r�h n . . � M1b in' x;'[ ✓ yr y q. Project No. A- 8 : Southeast corner of 4th Street Construct a treatment/storage Egret Marsh Regional and 74th Avenue facility . If a proposed power plant r? Stormwater Park (formerly is constructed , it will use some of r . known as the Southwest the stored water from the Industrial Stormwater Reuse stormwater park for process cooling Node) — Phase I (35 acre water. In addition to meeting the reservoir system) needs of the stormwater treatment system, the reservoir will be sized .. for the built-out power plant :: .a, cooling water requirements . (First phase of a multiphase project) Design and Permitting $220,000 4/2004 12/2005 Land Acquisition (Phase I) ( 2) N/A N/A Construction Phase I $29200,000 2/2006 8/2006 Phase II $50000 4/2006 10/2006 r t •.hd. . V R s E fl" "W3F.d 33 3 e i 'Yx t r e , a 7I1 T R 'd re Page 7 of 9 Contract SF611AA Amendment #2 B . PART B — CONSTRUCTION WITHIN THE NORTH RELIEF CANAL BASIN Project No. B- 1 : Modify the North Relief Canal near 58th The existing radial arm gate existing radial arm gate Avenue structure consists of three discrete structure at the North Relief radial arm gates . The middle radial r" , Canal arm gate is set approximately one- foot below the other two gates and `" Mk serves as an overflow weir. When the radial arm gates are opened, settled solids immediately upstream of the gate are re -suspended and discharged into the Indian River Lagoon . This project will replace one of the radial arm gates with a tilting-type weir gate . Purpose : ( 1 ) to provide more accurate water level control , ( 2) to allow more h u water to be retained upstream of the structure, and ( 3 ) to minimizew ; release of settled solids when the water level is lowered . g g $ 16271 5/ 15/200 '3 Design Permitting , n 3 complete Land Acquisition ( 1 ) N/A N/A Construction $ 173 ,064 . 78 10/2003 10/2005 B � . I • .. •€F. ,.' r . ':., r � .. . . ".,.. ; . . '3. «. . ... a. r sew.' ',�'` ' .`3 ..' Project No. mmediately upstream of the Install floating debris booms across A Floating debris booms in the proposed North Relief Canal the canal to trap floating solids . " North Relief Canal (This vortex treatment system) Periodically clean using mechanical ro ect will be designed andequipment . J g project constructed concurrently withthe Veftex type treatment Design and Permitting (5 ) See times for Project B - 3 system in the North Relief Land Acquisition ( 1 ) N/A N/A Canal) Construction (5 ) See times for Project B - K e "<" a r Me 141q MIP JW1 Page 8 of 9 Contract SF611(A Amendment #2 Project No. B -3 : Vortex -type North Relief Canal . The Construct a treatment facility r treatment system in the North County will locate this structure ( vortex units and traveling bar Relief Canal as far downstream as practical . screens ) to remove floating solids diverted into the facility by the floating debris boom and to remove sediments and nutrients from medium to small flows . TI Design and Permitting $ 1659000 complete by 12/2005 Land Acquisition ( 1 ) ( 1 ) N/A �.� s Construction $2, 750,000 nine months N k;. r " W ITT d . q " irq to °#' TOTALS $13,172,343. 12 , , X1;1` � . ( 1 ) All land used for these projects is owned by Indian River County or Indian River Farms Water Control District . The cumulative value of that land is estimated to be $480 ,000 . Any land subsequently purchased by SJRWMD will be incorporated into the pertinent project at that time . (2) Indian River County owns approximately 35 acres at this location , which will serve as the first phase of this multiphase project. Therefore , land acquisition costs are not applicable for Phase 1. (5 ) Costs for this project are included in the costs for the appropriate Vortex-type treatment system. Page 9 of 9