Fort Walton Beach — 2014- 7 - Holding Pond

RESOLUTION 2014 - 7 A RESOLUTION OF THE CITY OF FT. WALTON BEACH, FLORIDA SUPPORTING A MEMORANDUM OF UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND SKANSKA USA CIVIL SOUTHEAST, INC. FOR THE JOINT USE OF THE CITY' S NORTH HOLDING POND AS A STORMWATER DETENTION FACILITY; AUTHORIZING THE MAYOR TO SIGN THE MOU; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ( hereinafter referred to as the Department "), is widening a portion of SR 83 ( US 33 1) over Choctawhatchee Bay in Walton County, hereinafter referred to as the " Project "); and WHEREAS, should the Department construct the Project, the Department, City of Ft. Walton Beach ( hereinafter referred to as " City") and Skanska USA Civil Southeast, Inc. ( hereinafter referred to as Contractor ") desire to expand an existing City stormwater pond ( hereinafter referred to as " City' s North Holding Pond ") which may be used jointly by the City and the Department for stormwater runoff and retention; and WHEREAS, the Parties agree that expansion and joint use of the City' s North Holding Pond would be mutually beneficial to the Department, City and the Contractor; and WHEREAS, in the event said Project is constructed, the Parties wish to enter into an Agreement FPID # 220664- 2- 52 -01) setting forth the Parties' rights and obligations concerning the expansion and joint use of the City' s North Holding Pond. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. That the City Council finds the above stated recitals to be true and correct and incorporates them herein by reference. SECTION 2. That the City Council hereby supports the proposed Project to incorporate expansion and joint use of the City' s North Holding Pond. SECTION 3. That the City Council hereby instructs its staff to coordinate and cooperate with the Department in developing, managing, and inspecting this Project. SECTION 4. That the City Council hereby authorizes the Mayor to execute the Agreement, pending legal review and approval, between the Department, the City and the Contractor. SECTION 5. That this Resolution shall take effect immediately upon adoption by the City Council.  RESOLUTION 2014 - 7 t ADOPTED this day of 2014. Mike Anderson, Mayor Attest: Approved for form, legal sufficiency Helen Spencer, Cit Clerk ayN a - y es, Jr., City me  Minutes 8, 2014 UNANIMOUS] MOVER: Mike Holmes, eat 4 SECONDER: John Mead, Co eat 3 AYES: eggs, Mead, Jamieson, Rigdon, Rynearson ABS Joyce gossom Resolution 2014 -7 Approving an MOU with FDOT for the North Holding Pond Improvements A RESOLUTION OF THE CITY OF FT. WALTON BEACH, FLORIDA SUPPORTING A MEMORANDUM OF UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND SKANSKA USA CIVIL SOUTHEAST, INC. FOR THE JOINT USE OF THE CITY' S NORTH HOLDING POND AS A STORMWATER DETENTION FACILITY; AUTHORIZING THE MAYOR TO SIGN THE MOU; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: ( Engineering and Utilities Services Director) Accepts a Memorandum of Understanding with FDOT to expand the North Holding Pond in the Gap Creek Drainage Basin to improve the water quality in the Lovejoy Road and Hill Avenue area. ATTACHMENTS: 2014. 03. 24 %IOU North Holding Pond FPID # 220664- 2 -52 -01 ( DOCS) HDR Gap Creek Water Quality Report - November 2008 ( PDF) FDEP - North Holding Pond ( PDF) The Mayor read Res. 2014 -7 by title. Daniel Payne, City Engineer, informed the City' s North Holding Pond at the intersection of Lovejoy Road NW and Hill Avenue NW does not function in the treatment of stormwater to improve water quality due to the lack of a control structure at the pond outfall. Currently, an estimated 151 acres drain from the City' s Commerce & technology Park into the North Holding Pond, and ultimately out to Choctawhatchee Bay via Gap Creek and Cinco Bayou. Mr. Payne continued that as part of the construction of the new US Highway 331 Bridge in Walton County, the Florida Department of Transportation ( FDOT) approached the City about designing and constructing the identified improvements by retrofitting the North Holding Pond and improving the water quality entering Choctawhatchee Bay. - A Memorandum of Understandi ( tween the FDOT, the City, and Skanska USA Civil Southeast has been prepared to al to proceed, and there is no budget or financial impact to the City from the MOU. Res. 2014 -7 supports the MOU. Mr. Rigdon moved to adopt Res. 2014 - 7. Ms. Jamieson seconded motion and it carried unanimously. City Council of Fort Walton Beach Page 5 Printed 411012014 Regular Meeting Minutes April 8, 2014 RESULT: ADOPTED [ UNANIMOUS] MOVER: Bull Rigdon, Council Seat 6 SECONDER: Amy Jamieson, Council Seat 5 AYES: Holmes, Griggs, Mead, Jamieson, Rigdon, Rynearson ABSENT: joyce gossom CES -FIRST READING 1894 estment Policy AN INANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR INVESTMENT POLICY OF SURPLUS FUNDS; AND PROVIDING AN EFFECT DATE Synopsis: ( Fin e Director) Recommends appro of a minor revision to the City' s Investment Policy as proposed by the City' s Investment Adv' ors. ATTACHMENTS: 04. 08. 14 FWB Investment licy ( DOC\) The City Attorney read Ord. 94 on first reading. Brandy Ferris, Finance Director, ex wined the ordinance modifies the City' s existing investment policy in relation to the Minimum Raflug Requirement for Corporate Notes. Ms. Ferris advised a representative from Morgan Stanley wbkpresent if Council had any questions. Ms. Jamieson moved to adopt Ord. 1894 on first reading. Mr. Rigdon seconded motion and it carried unanimously. RESULT: FIRST READING [ UNANIMO ] Next: 4/ 22/ 2014 6: 00 PM MOVER: Amy Jamieson, Council Seat 5 SECONDER: Bull Rigdon, Council Seat 6 AYES: Holmes, Griggs, Mead, Jamieson, Rigdon, ABSENT: joyce gossom ORDINANCES -SECOND READING None. APPOINTMENTS The Mayor received the approval from Council to designate Dr. gossom, as Mayor Pr Tem, as the backup to the Mayor for the OCLOC and Chamber Board meetings if he is unable to ttend. ACTION - DIRECTION - DISCUSSION None. City Council of Fort Walton Beach Page 6 Printed 411012014  FPID 9220664- 2 -52 -01 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF FT. WALTON BEACH AND SKANSKA USA CIVIL SOUTHEAST INC. CONCERNING JOINT USE OF THAT CERTAIN CITY OF FT. WALTON BEACH POND REFERRED TO AS THE CITY' S NORTH HOLDING POND; AND THE RESPONSIBILITIES OF THE PARTIES RELATING TO MODIFICATIONS, OWNERSHIP, STORAGE, MAINTENANCE, AND VARIOUS OTHER MATTERS RELATING TO JOINT USE OF THE POND AS A STORMWATER DETENTION FACILITY FOR THE CITY OF FT. WALTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. This Agreement is between the State of Florida, Department of Transportation, hereinafter called DEPARTMENT, the City of Ft. Walton Beach, hereinafter called CITY and Skanska USA Civil Southeast Inc., hereinafter called CONTRACTOR. WITNESSETH WHEREAS, the DEPARTMENT has entered into a Design - Build Contract, designated as Contract No. E3L23 (" Bridge Contract ") with CONTRACTOR, dated July 17, 2013, for the reconstruction and improvement of a portion of SR 83 ( US 331) over the Choctawhatchee Bay in Walton County, Florida Bridge Work ") as referenced below; and WHEREAS, contingent upon the DEPARTMENT actually going forward with said reconstruction and improvements, the terms of this Agreement shall take effect and become binding upon the parties hereto; and WHEREAS, the DEPARTMENT and the CONTRACTOR desire to expand an existing City of Ft. Walton Beach stormwater pond ( " City' s North Holding Pond ") for the purpose of making the City' s North Holding Pond a " joint -use" pond which shall be used by the CITY and the DEPARTMENT for stormwater runoff and storage, all of which shall hereafter be referred to as the Project; and, WHEREAS, the parties agree that a joint -use pond would be mutually beneficial to the DEPARTMENT and the CITY, and that it would be appropriate to establish an agreement to be executed between the DEPARTMENT, the CITY and the CONTRACTOR that describes each party' s right and obligations concerning the joint use pond; and WHEREAS, the C TY by a v of the City Council of the City of Ft. Walton Beach ( " CITY COUNCIL ") on i t, 2014 has authorized the CITY to enter into this DISPOSITION Agreement ( see attach 8d copy of CITY Council Meeting Minutes); and, Nwoe 1 WHEREAS, the parties are authorized to enter into this Agreement under law, specifically but not limited to, the provisions of Chapter 334 Florida Statutes; NOW THEREFORE, in consideration of the mutual benefits to be derived, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. In connection with the Bridge Contract, the CONTRACTOR has submitted drainage plans and documentation with supporting calculations to the DEPARTMENT, which have been reviewed and approved by the DEPARTMENT and FDEP. 3. The CONTRACTOR, in connection with the Bridge Work, will construct the improvements to the City' s North Holding Pond (" Pond Improvements ") as described in the authorization to use the general permit granted by the Florida ar%,, nt pff Environmental Protection ( " FDEP "), i ( " dated / L40 N 3 , Ob Environmental Resource Permit # , Permit "), 2014. The Pond Improvements will be constructed on the property of the CITY, i. e. City' s North Holding Pond. The amount of treatment to be provided under the Permit by the expansion of the City' s North Holding Pond is approximately 2. 23 acre -feet, a compensatory volume of more than one point two ( 1. 2) times that required for the impervious area associated with the Bridge Work. Construction of the Pond Improvements will be in accordance with the drainage plans approved by the FDEP and DEPARTMENT. 4. The CONTRACTOR shall construct the Pond Improvements as described in the Construction Drawings, attached hereto as EXHIBIT A, at no cost to the CITY. The CONTRACTOR shall certify to the FDOT and FDEP within 30 days after completion of the Pond Improvements that the pond has been constructed in accordance with the Bridge Contract and Permit requirements and provide as- built plans showing pond elevations and cross sections, and the elevations of all modified drainage and control structures. The CITY, at its own cost and expense, shall be responsible for securing all land rights necessary for prosecution and completion of the PROJECT. The CITY shall provide the CONTRACTOR with all access to the City' s North Holding Pond property as necessary to construct the PROJECT. The CONTRACTOR shall secure all necessary permits in order to construct the PROJECT, except for those required solely by the CITY, which the CITY shall provide at no additional cost to CONTRACTOR. The CONTRACTOR shall install all plants for the PROJECT per FDOT Standard Specification 580 and in accordance with the Permit. The CONTRACTOR shall assume responsibility for the proper maintenance, survival and condition of all landscape items for a period of one year after the final acceptance of all work under the Bridge Contract in accordance with FDOT Standard Specification 5 - 11. The CONTRACTOR will establish a Warranty/ Maintenance Bond with the  DEPARTMENT in the amount of the total sum bid for all landscape items for the PROJECT as evidence of warranty during the plant establishment period. After the warranty period, the CITY will be responsible for the maintenance, survival and condition of all plants installed for the PROJECT. 9. The CITY agrees that after the warranty period to be solely responsible for future maintenance of the City' s North Holding Pond. 10. In the event hazardous or contaminated material is encountered during construction of the PROJECT the CONTRACTOR, DEPARTMENT and CITY will cooperate in minimizing any disturbance of the hazardous or contaminated material. Undisturbed hazardous or contaminated The CONTRACTOR and the materials shall remain the responsibility of the CITY. DEPARTMENT will be responsible for following the requirements of Section 120 -1 of the DEPARTMENT' s Standard Specifications for Road And Bridge Construction 2013 when encountering or exposing any abnormal condition indicating the presence of contaminated materials that need to be removed in order to accomplish the improvements to the City' s North Holding Pond in accordance with approved permit requirements. Responsibility for all costs associated with the handling and disposal of any known hazardous or contaminated material that requires removal in order to comply with applicable laws, rules or regulations or meet the permit requirements will be controlled by Contract requirements of the DEPARTMENT applicable to the Choctawhatchee Bay Bridge Project FPID 4220664- 2 -52 -01 and the incorporated specifications. 11. The DEPARTMENT shall be responsible for all costs of the PROJECT and shall compensate the CONTRACTOR in accordance with Bridge Contract No. E31, 23 between the CONTRACTOR and the DEPARTMENT. This Agreement does not modify or amend Bridge Contract No. E31, 23 between the CONTRACTOR and the DEPARTMENT. 12. The DEPARTMENT shall reserve and retain a perpetual easement for the transfer, treatment and storage in the City' s North Holding Pond of 2.23 acre- feet of stormwater drainage as required by the DEPARTMENT' s criteria and for permit conditions committed to by the DEPARTMENT for this PROJECT. 13. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise the DEPARTMENT. However, encumbered by the CITY without the prior written consent of this AGREEMENT shall run to the DEPARTMENT and its successors. 14. To the extent allowed by the Laws of Florida, and without waiving its sovereign immunity, the CITY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT and the CONTRACTOR from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional or negligent act or occurrence, omission, or commission of the CITY, its agents, or employees and for any hazardous or contaminated materials or conditions discovered at the PROJECT location. It is specifically understood and agreed that this 3  indemnification clause does not cover or indemnify either the DEPARTMENT or the CONTRACTOR for its own negligence. 15. The AGREEMENT is governed by and construed in accordance with the Laws of the State of Florida 16. This document and the Bridge Contract incorporate and include all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this AGREEMENT that are not contained in this document or the Bridge Contract. Accordingly, it is agreed that no deviation from the terms hereof or the Bridge Contract shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modifications, amendment, or alteration in the terms and conditions herein shall be effective except by written agreement executed with the same formalities as this AGREEMENT. 17. The effective date of this AGREEMENT shall be the latest date on which a party executes their AGREEMENT. This Agreement may be executed in two or more counterparts, each of which shall be an original but all of which shall be deemed to be but one Agreement. IN WITNESS WHEREOF, the CITY has caused this Agreement to be executed in its behalf thisGH•' day o " 2014, by this its , being authorized to enter q and execute same by acthe CITY Council meeting ip regular session on the Jyk day o , nof 2014 ( a copy of and the DEPAR NT has executed this the CITY Council Meeting Minutes is attached hereto); Agreement through its District Secretary for District III, Florida Department of Transportation on the date set forth below. ATTEST: Helen Spencer CITY COUNCIL, CITY OF FT WALTON BEACH, FLORIDA City Clerk Name & 4k Ak-Title 7 i He en Spencer.,(/ i City Clerk Date Executed W grl av/ APPROVED AS TO FORM: Jr . , ty Attb) afey f / 4 STATE OF FLORIDA ATTEST: DEPARTMENT OF TRANSPORATION 1 <!-- BY: 1/ 0. 1 e- - ( wvi-, ES T. BARFIE 6 E. EXECUTIVE SEC ARY ( SEAL) ISTRICT SE ARY P. O. Box 607, wy 90E Chipley, FL 32428 Date: Z q LEGAL REVIEW OFFICE'-OV ERAL COUNSEL SKANSKA USA CIVIL SOUTHEAST INC. ATTEST: Name V446a i X Name T tle ae duly a rized Date: l  11. 2.c RICK S('() I I FLORIDA DEPARTMENT OF iOVI { RNUR cf ENVIRONMENTAL PROTECTION CARLOS LOPI / ( AN I LRA 1, 1. ( r() VI. RNOR 160 W. GOVERNMENT SIREET. SUITE 308 y PENSACOLA, FLORIDA 32502 - 5740 III. RS(] 1121, I. VIN1 ARD. W. SII(' RF I' AR)' Permittee /Authorized Entity, : Daniel J. Payne Ft. Walton Beach City Engineer 203 Hollywood Boulevard NW Ft. Walton Beach, Florida, 32548 dppayne a fwb.org Co- Applicant: Joy Swanson Y FDOT Permit Coordinator t 1074 Hwy 90 East Chipley, Florida 32428 0 Joy Swanson u.dot. state. fl. us Project Name: Offsite Lovejoy Pond Environmental Resource Permit State -owned Submerged Lands Authorization — Not Applicable U. S. Army Corps of Engineers Authorization — Separate Corps Authorization Required County: Okaloosa Offsite treatment associated with Walton County Permit 66- 0274274- 01 0- El) Permit No.: 66- 0274274- 011 - El Permit Issuance Date: March 3, 2014 Permit Construction Phase Expiration Date: March 3, 2019 Packet Pg. 267