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HomeMy WebLinkAbout2007-004 Contract #SF611AA Amendment 43 THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE ST, JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR SEDIMENT, FLOW REDUCTION, AND OTHER WATER QUALITY IMPROVEMENTS WITHIN THE INDIAN RIVER FARMS WATER CONTROL DISTRICT THIS AMENDMENT is entered into 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 and is effective on the date the last party has executed same . 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 ) and December 28, 2005 (Amendment #2). 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 Memorandum of Understanding (MOU) shall commence on the effective date, January 15, 2002, and shall terminate on January 15 , 2008." 2 . ARTICLE H - PROJECT IDENTIFICATION/IMPLEMENTATION: Delete this paragraph and replace it with the following paragraph: "From and after the effective date of this Amendment, Exhibit "A-3" is amended in its entirety by replacing it with Exhibit "A4" attached hereto. From and after the effective date of this Amendment, Exhibit "A-3 " shall have no further force and effect." 3 . ARTICLE IH — COUNTY' S RESPONSIBILITIES: Delete Paragraph 5 and replace it with the following paragraphs: "5. County and/or its consultant team shall be responsible for project construction and shall invoice 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 , the $ 1 .5 million in Florida Forever funding added by Amendment 42, and the $241 ,600 in Indian River Lagoon License Plate funding added by this Amendment (for an aggregate appropriation of $6,071 ,600). All invoices shall be submitted either by mail to the St. Johns River Water Management District, Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177 or by email to acctpay@sjrwmd.com. County shall transmit invoices using only one of the above two methods, but not both. County shall submit itemized invoices based upon the actual portion of the Work performed and shall bill as per Exhibit A-4, Project List, attached hereto and by reference made a part hereof. Invoices for work performed utilizing the $241 ,600 license plate funding, the $ 1 .5 million Florida Forever funding, and the $4.33 million Legislative appropriation shall each be billed separately. Page 1 of 6 Contract 9SF61 IAA Amendment 43 All payment requests submitted by the County shall include the following information: 1 . Contract number SF61 I AA 2 . County' s name and address (include remit address if necessary) 3 . Name of District' s Project Manager 4 . Name of County' s Project Manager 5 . Cost data (utilize the appropriate method for payment request per the contract) (a) Supporting documentation and copies of invoices if cost reimbursable; and/or (b) Project completion documentation 6 . Progress Report (as per contract requirements) 7 . Diversity Report (The report shall include company names for all Women and Minority Business Enterprises (W/MBEs) and amounts spent with each at all levels. The report will also denote if there were no W/MBE expenditures.) The above information and reports shall be submitted by the County and approved by the District as a condition precedent to payment. Payment requests that do not correspond to the Project List or other requirements of this paragraph will be returned to the County without action within twenty (20) business days of receipt and shall state the basis for rejection of the invoice. 4. ARTICLE IV — DISTRICT'S RESPONSIBILITIES: Delete Paragraph 2 and replace it with the following paragraph: "2 . For satisfactory performance of the Work outlined in the MOU, District agrees to reimburse County an aggregate sum in an amount not to exceed the $6,071 ,600. Payments due under this MOU are subject to the availability of funds from the Florida Legislature, Florida Forever Trust Fund, and IRL License Plate fund." 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 below. ST. JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT By: By: w— Kirby B . Greet ree III, Execiltive Director, or Designee Gary Wheeler , Chairman Typed Name and Title Date: IZ � /� � Date: January 9 2n07 APPROVED BY THE OFFICE OF GENERAL CO SEL Attest: /�/lJ9•l.Ot it - f �( 2 . 4i /'®/' JX* DART©m CLERK CIRCUIT 41 . Stan ey J. Niego, Sr. Assistant General Counsel Ty ped Name and Title APPROVED AS TO FORM AND aALSUFFICIENCY PROVED : B ARIAN E . ELL untyA ministrator SISTANTCOUNTY ATTORNEY Page 2 of 6 Contract #SF611 AA Amendment #3 EXHIBIT A-4 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 management services. The original Project Numbers have been revised as follows: Project No. A- I = Project No. 1 Project No. A-2 — Project No. 2 Project No. A-3 = Project No. 3 Project No. A-4 = Incorporated into Project No. 5 Project No. A-5 = Deleted (never began) Project No. A-6 = Deleted (never began) Project No. A-7 = Deleted (never began) Project No. A-8 = Project No. 6 Project No. B- 1 = Project No. 4 Project No. B-2 = Deleted (never began) Project No. B-3 = Deleted (never began) Project Description/ Estimated Timeframes Project Name Location Tasks Cost Start Complete Project No. 1 : Modify the Main Relief Canal east of Replaced the middle radial arm titE1tlP,° t dii B h aR existing radial arm gate 43 rd Avenue gate with a tilting weir gate. 4F4p � structure at the Main Relief Purpose : ( 1 ) to provide more Canal accurate water level control, (2) to allow greater retention ; upstream of the structure, (3 ) to t�rY minimize release of settled solids 7�1i` ° N r when water levels are lowered. „ F, * �! yY' M�tIJ4F „,,VF wlp " , °� � ,, r 1 ' Y C, � " Design and Permitting- $ 15,740.31 5/ 15/2003 Complete Land Acquisition 1 ) N/A N/A Construction $ 1739064.76 10/2003 Complete 10/2005 IipV�G�ii � � n110117 77 7 -77, i Y m tnw• w i w. C x kr ,wy . Page 3 of 6 Contract #SF611 AA Amendment #3 Project Description/ Estimated Timeframes Project Name Location Tasks Cost Start Com tete Project No. 2 : Modify the South Relief Canal east of Replaced the middle radial arm existing radial arm gate 27 h Avenue gate with a tilting weir gate. structure at the South Relief Purpose : ( 1 ) to provide more Canal accurate water level controlO to allow 2 greater retention g , , upstream of the structure, (3) t0 ,,RON— ", �. @jydf r)"i I �I+rI�iPd�{ so �1�i°��, , , opt tlid" minimize release of settled solidsI when water levels are lowered. PI Design and Permitting $ 15,740.31 5/15/2003 Com tete Land Acquisition ( 1 ) N/A N/A Construction $ 173 ,064. 78 10/2003 Complete 10/2005 t �N i xt �1� v r vltl : II �, M+�� � �, $$�' 'i�e�-�� ��y"�a�Px I� . . '� �rl�lw �a��� i��^u „ � ! �,• p���dl �� � q- � 'Yllllxi . 4A M�'a� 'a#. k ip Vill3", u „ lo u t Project No. 3 : Modify the Lateral C Canal Replaced the middle radial arm '` existing radial arm gate gate with a tilting weir gate . Purpose: ( 1 )structure at the Lateral C to provide more �g W " Canal accurate water level control, (2) g � P to allow greater retention F upstream of the structure, (3) to minimize release of settled solids �t ^ R V r4 pdSS� Ipp � when water levels are lowered . a IIB " +' s Design and Permitting $ 15,740.31 5/ 15/2003 Com tete Land Acquisition 1 ) N/A N/A Construction $ 1739064 . 78 10/2003HIM 1 Complete pp 10/2005 :.' „ u+„ F.a~ 's ,.,. ._,•'t �..* nl+� „ ml �tllu 11 1" 111III 1 SLI " .."d" VII�II�i" IIII V �I° fa dee tII ` �I „ ! t "vl Y �,url li �ila + . r IIULIuu X1111 . tel„ In PoIrq III a„ IIL I „.„ r, LIIhIIM 41u"",: Page 4 of 6 Contract #SF611 AA Amendment #3 Project Description/ Estimated Timeframes Project Name Location Tasks Cost Start Com tete Project No. 4: Modify the North Relief Canal near 58" Replaced the middle radial arm t' a t : j fY p � existing radial arm gate Avenue gate with a tilting weir gate. °iu Illl� i Lit structure at the North Relief Purpose : 1 to provide more sd r yar mP ( ) P xl " " s F)�3a Canal accurate water level control, (2) k� ti to allow greater retention nilip 7 � k upstream of the structure 3 topy"Bi ll 1 ��� 1 " " P ( ) „ q 2daun �� �, , p��p k yry , : o: li��tiht ,ltl n" ` r i Xdti r Mrd q ^ minimize release of settled solids i , 'I, When Water levels are lowered.. w.aXfXAW Design and Permitting $ 155740.31 5/ 15/2003 Complete Land Acquisition N/A N/A N/A Construction $ 1731'064 . 78 10/2003 Complete 10/2005 . o r ' , z i o 9 IXII , ,�:.x. lu„ ° . ..rw,. . '� ., y .5n .k• r. �., y .. . . '„ ,nix. ... .. ,—.:.. utvi" un r.=X ,G,�3 ,3IiXIIM1lmli '�� 1i41� '. � # " : t9, S )t di I 5 t N Project : Immediately upstream of the Install a floating debris boom, a J Y tIt P i�' P t i s � 4i�ii4�9i � �xR 6iIX �i�Plly ' � �� II • �' tl9� G 9i,4i: Main Relief Canal Pollution existing spillway structure in sediment removal system (sump) diM, i Control System the Main Relief Canal and a debris/trash screening system constructed in series to remove solid particles, aquatic plants, trash krR'a d ; F r and debris carried by the Main 9 Relief Canal. The material collected by the trash screening system will be continuously removed usingX y mechanical equipment and the �'Xi ""Xnr ^�y " "Xi+ip a t „ collected sediment will be removed periodically by a pumping system. HH Design and Permitting $831l955 Estimated completion date is December, 2006 Land Acquisition 1 N/A N/A Page 5 of 6 Contract #SF61 I AA Amendment 43 Project Description/ Estimated Timeframes Project Name Location Tasks Cost Start Complete Construction $41,0231600 March December 2007 2007 Y H VII .s: .. rz y !D ph v a r Y$ t dfiV@ n ° • �N u � .r. .� ptli° Project No. 6: Southeast corner of 4th Construct a treatment/storage Egret Marsh Regional Street and 74th Avenue facility using existing borrow pits Stormwater Park together with an algal turf scrubber xIAg y ° R system to remove dissolveddipie 1p . nutrients from the IRFWCD s Lateral "D" Canal system. ('The approximate watershed size is 95000LXwI x ° " 3 acres. w i G % c° � ° F F P u ¢ y �r°Y . 4 .t.l Design and Permitting $2271,471 4/2004 1 /2007 Land Acquisition (Phase 1) (2) N/A N/A Construction Phase I $4, 840,000 March 2007 December 2007 .7,� " rY paiV 11 ,..• — . dg rfP r 7 " x .. VI . 't -'gadd"•. c IWI sl r, . , d . uf� .>"r 11 TOTALS $9,9309246 r `'ryil l ` ( I ) The land used for this project is owned by Indian River Farms Water Control District. The cumulative value of that land is estimated to be $240,000. (2) Indian River County owns approximately 35 acres at this location. Therefore, land acquisition costs are not applicable for Phase I . Page 6 of 6