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Home My WebLink About2005-405 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 _ day of _4" Age , 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 January 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 on January 15 , 2007 . " 2 , ARTICLE II — PROJECT IDENTIFICATION/IMPLEMENTATION: 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 Stormwater 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 and shall comply with the document requirements described in the Comptroller Memorandum, dated October 7, 1997, attached to Amendment # 1 as Exhibit ` B ." Page 1 of 9 Contract SF611 AA 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 thirty (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 through 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 terns 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 By .e zBy: Dt6�E Kirby B . Green , Execu a Director Thomas S . Lowther ChairMan Typed Name and Tide Date: Date: December 13 , 2005 APPROVED BY THE OFFICE OF GENERAL COUNSEL Attest: VEOO S ley J . Niego, s stant GJnerkI Counsel Name and Tide PPROVED : Attachment: Exhibit A-3 C unty Ackministrator AFS' 1fE� AS TO FORM LE FFICi Y Y Page 2 of 9 ASSISTANT COUNTY ATTORNEY it 1 1 � 1 1 1 1 1n/ Timeframes Project 11 1 1 iTasksi 1 1 ' 1 SOUTH ( BASINS ' Relief " 1 1Modify • 1 � radialgate existingradialgate Avenue structure consistsofthreediscrete structure at the Main Relief radialgates. 1 • e radiaCanal arm ' �I alt 1 . one- foot below the other • gates and 1, eCy . f x serves as an overflow weir. When settledthe radial arm gates are opened, solidsimmediately1 S , ' + } of the • ate are re-suspended and discharged intothe Indian Lagoon . This project will replace one of radial tilting-type weir gate. Purpose: 5j to provide m •level control , to allow • water to be retained upstream of the 1 • x £ b yk of t.' 'tIT . release of 1 solids water level is $£2 lowered , 54 . Design1 Permitting � � • 1 AcquisitionTV • • 1 i ' .,.[ . -e . x - a. .° e . . - ., . .".L• 5` r ` . - ., . • v ,` A,.. 4 n ' £'-._' _ S :} s�., ..� y : s:34 T' v+ r,, . c'".x L"S >.. r. q. ' Y :g . ,. .. r, 3� .;.n, t y33 y;: r,£Wi c.=,�. r.e..-,d" '�`.r.y^.:: ..•a i ' ' a ; u fi � Aa.:i , .. _ m xx • .,.: i .x .. . ,�; s, ,,?p } f":'� / ' rr;v.>. . a : . ,y> c F., ` � 'ruR.F• r ::, £ .n , :�'. w, s7•," '¢'i a .. .. . .z, +.v. . ;.tjY , : L*F �!.r •�5: .r " ?r s` :. .a x " r N fa .. iR. _ ' k ,. 'a�. , .a,,._., ` ...x. '1._ �...a , n.E��` •. �n.: osa?.. .�sl *.' '.. �: , r �i. . �C._s�r z,t : kA ,a` a5 `*:'�^� 1 ' i 1 i 1Timeframes Project Name Tasks 1 1 ModifySouthRelief Canal east of 27th The existing rarmadialgate �`k ar•b� a"r ,, ,� 4 x � . existing radial gate Avenue structure consists of three discrete r T structure at the South Relief : radial arm gates. The middleradial �arm Canal f gate is set approximatelyone. y i f foot below other • gates and # r s therefore, • serves as an overflowarm gates are opened, 1 solidsr �'� � �• x immediately 1 of dischargedare re-suspended and ` rt. into the Indian River Lagoon , This Droiect will reAarm • • 1 � y { A sx, gates with a tilting.type gate. Purpose: ( 1 ) to provide more accurate water level control , to allow • to be retained 4i u9stream of the structure , VA4VJMV . . minimize release of settled solids when the water level is 5 lowered . � • 1r," 1411IJ_ �� 11 • 1 . • M. Construction 1 1 11 , 1 11 1 11 ` n ybb' ' t'� 1r a9x ' ty � ' nF 'f' f`k • 2 • .,' • ° 3 • -y � } i , •a',.xi I 1 Project Descriop 1 1 I : 1Tirneframes Tasks1 ♦ 1 1 roject No. A=30 Modify the Lateral "C" Canal The existing radial arm gate > • existing radial gate structure • threediscrete •structure at the Lateral 'V" ial arm gates . The middleradial Canal arm gate is set approximatelyone- footf Y �3 therefore, • serves as an immediatelyoverflow weir. When the radial arm gates are opened, settled solids 1 of the gate Y are re-suspended and discharged into the Indian River Lagoon. This liect will arm gates with a tilting-type weir , gate. Purpose: ( 1 ) to provide more accurate water level control, to r + e allow • to be retained 1 • 1 • minimize release of settled solids } when the water level is lowered, Lan \ 9 1 Acquisition ® ® nhI [ Y p: ps_ p .Construction � • 1 11 1 11 - £ � r. a Project ; No. / 1 upstream of the Install floating debris booms acrossz+. Floating debris booms in the proposed Main Relief Canal the canal to trap floating solids. Main Relief Canal (Project vortex treatment system The collected solids will be will 1 " designed 1 continuously removed using 7 " constructed concurrently with i mechanical equipment. �. £ v r a� n.• Vortex-type treatment system Design and Permitting See times for Project in the Main Relief Canal) • I Construction See times for Project / Pro ject 1 111 , ■ 1 1 1Tasks1 1 11 NWIX A 1 �. Yd.nk] 65rt' 3 9 4 > IV F i#' r �"t..•,0 , 1� L' a: x.'4``x yk_Sd.S✓n fes .. : r floatingProject No. A�5e Immediately upstream of the Install floating debris booms across Floating debris booms in proposed South Relief Canal the canal to trap South Reliefvortexsystem) • - 1 solidswill 1 2 project ill 1 ' designedand continuously • 1 usingthe constructed concurrently with hanical equipment. Vortex-type treatment Design - • 1 • • See times • • • 4 Southject system in the Canal) A-7 1 1 • ® ® Construction for Project f k , � .� St 1k (vortexProject No. Aw6e Vortex-type Main Relief Canal . The County Construct a treatment facility treatment system in the Main will locate this structure as far • • Relief1 • practical. • • floating• 1 1 1 ' potential location is in the diverted into the facility by the north of Countysedimentsmedium • tC•/... . ll southand flows. • .Administration Building• Design1 Permitti • 111 • / I Illy, 11 Municipal Airport. ) Land Acquisition Construction 11 111nine months Project 1 • 1 " • ReliefConstruct treatment system in the South / • (vortex • • bar Relief � r d < 1 • practical . to • floating • 1 m � � r diverted . the facility . E ip floating debris boom and to remove ,k medium to small flows. and nutrients from sediments y�R'b` b 4t` s i n � g' t'z •� .pp .�.� Design 1Permitting 111 • 1 • 11 Land Acquisition ®® Construction 1 LITITIN nine months I • 1 1 Ai itl..&gx,N"...>.3.?n.Y, :n ., - 4 . t�...«kia .q . . y;' 3u .xr�i8',"„,r>, -'.5 fs..,{,s+e. wre t .zs,€,�i_iFnx't#eiq . _ °_^L ,<• ,'y,.:..t xc s i . ri` d<€t'.a.'> ...es.t�:Se''iha Ltl'fs$$ag'�' i33',.+i+':,.S' .y' e.r,_. . . . ._u� tisr=S.e�':r i 'vaybe",..s�..�' _ . s' € i,ws°emi .z4 - I 5 > r ri, * ..Y h 5.5 ' � P _ } z 'J 1 ' • 1 1 • 1 • 1 1 • 1 _ - • � • 1 1 1 • r ' a • • 1 : 1 • vY + ' > � e r . : tt it i 11 ' 11 • • s + +� 1 • 1 " 1 • • 1 r _ 1 • 1 1 • - I 1.7 1 + s , • I ' ' • • • • � � • • ` s 4` x i A7t'�e +> > ; + F v F t p z t t, tt a E A 'F s � t rt i 2"a4 k 44 t. a ?s: k a ..$-a ._Ls.! �u 'R;.:. . 4 . Yks. t �,.x 1 CONSTRUCTION WITH1 IE NORTH RELIEF Pri 1 1 1 • 1 North Relief • • radial • ate existingIt radialgate Avenue structure consists of three discrete Northstructure at the Relief radialgates . 11radialCanal arm - t ' gate is set approximately • • • below the other • gates and a'J serves as an overflow weir. When radialthe gates are opened, 0 settled solids1 1 " ' 1 the • re-suspended and - discharged • the Indian Lagoon. project replace F one of the radial gates tilting-type gate . ' 1 • _ to provide mi level control, to allow • 1 to minimize release i . of settled solids water level is lowered . 1 ' , I . 1 Ma Land Acquisition • DI 01141 , 11 1 11 1 11 � � i �P • L {�` f '- >:"ice• y4t t . '-. rt :`Y dy . F eY { i SS 4 Project 1Immediately1 of floating debris 1 LF 1 • • • ,,} a Floating 1 / booms in theproposed • Relieff v • • • 1 • \ solids. e • : North Relief vortexPeriodically projectillbe designed and equipment,Design and Permitting J r�'.. w 3 'mlr � '. Y 4 yam '': .. '1' .� • k . ..e erALi 4 • ■ Northsystem in the 1Acquisition ® ® See times for oJect B - y, ,�'Sa oaf` yY"';.' x`# x , r .. r yr ,"r'.,r.a "#., '' '1 €. ,•rP'm ';z. ' Am r.�;n'r 'S ' � sK Y 1" -n ^S as p, 's5 x .n k , ✓ , 0 4N ':: gs. S -, } re .?'.z s ,. 4 ,v r r 8 P k' .[ 3 ,. , • ,ra> t � g k f:'-.' F ;� 7 sY$' 1.,;y ,c ,.�+ ,� i . .P£Y`< d .4R t. 81* r % .s.. rsF,+ t u4,Va '� e s:, o . S.ka- a. ` 'P,� gZ RF+z`"e*.el ° s i Sin ,; � R q ur..:,,.v %. 'yea +SC. $ ,. -,, x3 �f '3fi } }i"� 5 � S ` Crt4 .wY� as'� IF' `9u 'k + / f t Contract SF611 AA Amendment #2 Project No. B-3 : Vortex-type North Relief Canal . The Construct a treatment facility treatment system in the North County will locate this structure (vortex units and traveling bar � ' R 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. Design and Permitting $ 165 ,000 complete by 12/2005 Land Acquisition ( 1 ) ( 1 N/A Construction $297509000 nine months TOTALS $13,172,343.12 t at that time. land is estimated to be $480,000. Any land subsequently purchased by SJRWMD will be incorporated into the pertinent projec( 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 (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 I. (5 ) Costs for this project are included in the costs for the appropriate Vortex-type treatment system. F I i I I i i Page 9 of 9