Fort Walton Beach — 2014- 7 - Holding Pond — reading text

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