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Home My WebLink About2004-295 Contract #99H235 f Amendment #3 vtl 2`� 5 THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR THE STORMWATER MANAGEMENT COST-SHARING PROGRAM THIS AMENDMENT is entered into this 23rd day of November , 2004 , 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, Vero Beach , Florida 32960-3365 . WHEREAS , the District and County entered into Agreement 99H235 on April 6, 1999 , to assist County in the implementation of two stormwater management projects (Gifford Area and Roseland Area Projects) and amended the Agreement on August 1 , 2000 (Amendment # 1 ) , September 18 , 2001 (Amendment #2) , and March 28 , 2003 (Change Order # 1 ) ; and 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 . Item 3. The District shall : Paragraph B shall be deleted and replaced with the following : "B . Obligate moneys to fund a portion of the stormwater management projects in an amount not to exceed $50,000, or 13 % of the total cost of the Gifford Project; and an amount not to exceed $210,000, or 33 % of the total cost of the East Roseland Project. If upon completion of all the tasks identified for reimbursement, the County ' s actual expenditure for the task(s) identified for reimbursement is less than originally projected in the Project Budget for the Gifford Project (Exhibit A, attached to original contract) and as projected in the Revised Project Budget for the East Roseland Project (Exhibit B4 , attached hereto) , the District' s obligation shall be reduced proportionately . " 2 . Item 4. The County shall : Paragraph B shall be deleted and replaced with the following : "B . Obligate moneys to fund these two stormwater management projects . County shall provide a minimum amount of 87 % of the funding for the Gifford Project ; and a minimum amount of 67 % of the funding for the Roseland Project, and agrees to provide funding for any other costs above the amount budgeted , if any , required to complete these projects . " 3 . Item 7. This paragraph shall be deleted and replaced with the following revised paragraph : "This Agreement shall commence upon execution and shall terminate upon satisfactory completion of the stormwater management projects and subsequent cost reimbursement to County ; or July 30, 2005 , whichever comes first. Work eligible for reimbursement must have started after March 1 , 1999 . " 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. Page 1 of 5 Contract #99H235 Amendment #3 IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set forth above . ST . JOHNS RIVER WATER INDIAN RIVER COUNTY MAN MENT DISTRICT B BY Kirby B . Green II , xecutiv Director Arthur R . IVe ger , Cha rma Typed Name and Title Date : Date : Novemh . r 23 , 2QQ4 APPROVED BY THE OFFICE F NERAL COUNSEL Attest : Jo K . Mori , w, i ,N B Stanley J . Niego, Sr. Assistant General Counsel Typed Na WW tTille Deputy Clerk PROVE CfqntyAd ' nistrator AP OVER AS TO FORM LE AL SUFFICIE Y RIAN E . ASSISTANT COUNTY ATTORNEY Page 2 of 5 Contract #99H235 Amendment #3 EXHIBIT ` 11 4" — REVISED STATEMENT OF WORK INDIAN RIVER COUNTY EAST ROSELAND AREA STORMWATER IMPROVEMENT PROJECT I. Introduction The project will construct a stormwater detention pond (control water surface area = 1 . 51 acres , more or less ) , install enlarged culverts , and construct stormwater conveyance swales to relieve flooding and reduce pollutant loading to the St . Sebastian River and the Indian River Lagoon (IRL) . The drainage improvements will also enhance the existing natural drainage system , which includes approximately 9 . 7 acres of wetlands . II. Objectives The East Roseland Area Stormwater Improvement Project will provide flood control and stormwater quality treatment for an 80 . 3 - acre watershed of Roseland lying east of the Florida East Coast Railroad , west of commercial development abutting the west right- of-way of U . S . Highway 1 , and between 81st Avenue and 79th Avenue , in Section 21 of the Fleming Grant in Indian River County . The project lies within the South Central IRL Drainage Basin , St . Johns River Water Management District Planning Unit 10E ( 16 & 17) . (Reference : SJRWMD Technical Publication SJ97 - 1 . ) This basin experiences frequent flooding due to filling of low areas and inadequate culvert capacity as a result of development over the past several years . When a large rain event occurs , a natural drainage slough fills with stormwater runoff, impeding upstream drainage and causing streets to flood . Nuisance flooding and road access problems due to flooding are common . The project includes the construction of a stormwater detention pond (control water surface area = 65 ,760 sf = 1 . 51 acres , more or less ) , installation of enlarged culverts , and construction of stormwater conveyance swales . III . Scope The project ' s goal is to relieve flooding and reduce pollutant loadings to the St . Sebastian River and the IRL . The IRL downstream of this project is exhibiting signs that water quality problems are developing . These signs include reductions in seagrass density and coverage , and increasing closures of shellfish harvesting areas or reclassification of shellfish . The creation of additional flood storage in the wet detention pond will improve the quality of discharge water into the St . Sebastian River via the approximately 1 , 100 foot long natural slough . This will result in improved water quality through reduced loadings of solids , sediments , organic matter, and nutrients into the St . Sebastian River and the IRL . Page 3 of 5 n Contract #99H235 Amendment #3 The project promotes flood protection and demonstrates Best Management Practices (BMPs ) by utilizing wet detention and erosion protection . The project is included as part of the Indian River County 2020 Comprehensive Plan and has been requested by the Roseland Property Owner ' s Association . The design phase is complete , the project has been bid , and Indian River County has awarded the construction contract . Indian River County owns the property on which the stormwater detention pond will be constructed . Estimated Pollutant Load Reduction : The estimated average annual TSS (total suspended solids) pollutant load reduction is +51 % . There will be no increase in peak discharge rates for either the mean annual or 25 - year/24 - hour storm events for the Roseland area . South Lake Drainage Basins No . 4C , 8 , 9 , 10 , 11 , 12 , and 14 areas = 80 . 3 acres Assume 80 % treatment based on 1 inch over drainage area . 80 . 3 acres x 1 inch x 1 foot/ 12 inches = 6 . 69 ac -ft Actual treatment Volume (between EL . 15 and 17 . 0) : ( [ (65 , 760 sf + 118 , 800 sf)/2] x I acre/43 , 560 sf) x 2 . 0 = 4 . 24 ac - ft Estimated Actual Treatment Efficiency : 80 % x 4 . 24/6 . 69 = 51 % IV . Task Identification , Timeframes and Deliverables Task 1 — Conceptual Design Complete Milestone : Completion of conceptual design Deliverable : Conceptual design plans Task 1 A — Wetlands Mapping Complete Milestone : Completion of wetland boundary surveys Deliverable : Aerial map with jurisdictional wetland boundaries Task 1 B — Final Design Complete Milestone : Completion of 100 % project design Deliverable : Final construction project design plans Task 2 — Land Acquisition Complete Milestone : Purchase of project detention area Deliverable : Deed of the property to the County Task 3 — Construction Dec . 2004 — April 2005 Milestone : Completion of project and final acceptance by County Deliverable : Completed and operational stormwater detention and treatment system . Task 4 — Monitoring May — July 2005 Milestone : Monitoring of influent stormwater and effluent exiting the detention pond Deliverable : Water quality data for a minimum of three (3 ) measurable rainfall events Page 4 of 5 Contract #99H235 Amendment #3 V. Project Budget PROJECT TASKS FUNDING SOURCE INDIAN RIVER SJRWMD TOTAL COUNTY Task 1 — Conceptual Design $20 ,000 0 $20 ,000 A . Task — Wetlands Mapping $ 18 , 000 0 $ 18 ,000 B . Task — Final Design $46 , 236 $ 1000 $ 56 , 236 Task 2 — Land Acquisition $ 135 ,000 0 $ 135 ,000 Task 3 — Construction $ 198 , 810 $ 185 ,000 $ 383 , 810 Task 4 — Monitoring 0 $ 15 ,000 $ 15 , 000 TOTAL PROJECT COST $418 ,046 $210 ,000 L $ 628,046 Page 5 of 5