Okaloosa County BOCC — November 16, 2013 — City of Destin Final Payment Package — reading text

CONTRACT CLOSE-OUT CHECKLIST (To Be Prepared by the Purchasing Services Coordinator) DATE: 8/2op3 TO: Contracts & Grants Manager, Finance Department Contracts & Grants Office SUBJECT: ContractNo. 2/3 -2032-7 DC MANAGING DEPARTMENT: _7 DD CONTRACTOR'S NAME: , dah PROJECT TITLE: Leia Her hor Platt Paance. Ladin Piyjed The attached has met the final payment contract requirement in subject contract. Yes No 1. Final Invoice a Oo 2. Completed Contract/Lease Payment Approval Form a oO a Close-Out Documents Yes No N/A a. Signed Release of Lien O Oo a b. Proof of Completion Advertisement O O l- c. Certificate of Insurance O O fy d. Consent of Surety to Final Payment oO oO ne e. Proof of Performance/Payment Bond oO oO id— Continuation 12 Months Following Final Payment Yes No O 4, Agenda Request 4 poe 5. Remarks EIA asing Services Coordinator DATE BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 3, 2013 TO: Honorable Chairman and Members of the Board FROM: Daniel O'Byrne SUBJECT: Final Payment to City of Destin for Emergency Dredging of Destin Harbor/East Pass DEPARTMENT: Tourist Development Department BCC DISTRICT: ALL STATEMENT OF ISSUE: Pursuant to interlocal agreement C13-2032-TDC this is a request for final payment to the City of Destin for the emergency dredging of the entrance to Destin Harbor in the amount of $157,838.00. The project has been successfully completed. BACKGROUND: Continued erosion of Norriego Point has produced large sand shoals immediately offshore of the northwest tip of the Point. Wave and tidal forces have transported a portion of these shoals further to the north into the Destin Harbor (Old Pass Lagoon) entrance channel. Furthermore, the entrance channel appears to experience additional shoaling due to (southerly) sand transport directed underneath the Destin Bridge. This shoaling has greatly reduced the navigable water depths and channel width, causing ship groundings and impassable conditions during low tide, as reported by numerous Destin fishing fleet captains. These hazardous navigation conditions have prompted the City of Destin (City) and Okaloosa County (County) to pursue emergency maintenance dredging to provide safe navigation and reduce the impact to the local fishing and recreational boating economy. (Matt Trammell, Coastal Engineer, Taylor Engineering, February, 2013) On March 19, 2013 the Board of County Commissioners approved the use of up to $180,000.00 in Tourist Development Tax funds for the emergency dredging of the entrance to Destin Harbor. The County provided pre-construction services through Taylor Engineering for this project in the amount of $22,162.00 which was considered a contribution towards the County's share. The City of Destin contributed $20,000 to this project leaving a County financial obligation of $157,838.00. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve the final payment to the City of Destin in the amount of $157,838.00 for the emergency dredging of the entrance to Destin Harbor. RECOMMENDED By: APPROVED BY: Ernie Padgett, County Administrator TOURIST DEVELOPMENT DEPARTMENT CONTRACT APPROVAL FORM CONTRACTOR NAME: PURPOSE: TERM: AMOUNT: INTERLOCAL AGREEMENT FOR DESTIN HARBOR MAINTENANCE DREDGING PROJECT To promote tourism through the enhancement of fishing and boating in the Destin Harbor and enhancement and restoration of Norriego Point and similar beach areas. Expires on April 1, 2014, absent a written extension. Amount Approved: $180,000.00 Previously Paid Invoice(s): $0 Amount Requested: $157,838.00 Amount Remaining: $22,162.00 I have reviewed the above-referenced Contract and find it to be in compliance with the Tourist Development Department Operations & Procedures Manual, the Okaloosa County Purchasing Manual and applicable local, state and federal laws, rules and regulations. (Initial applicable authorization) This approval authorizes the contract to be entered into by the County and executed by the Chairman. ] MK This approval authorizes the payment under the Contract to be processed for payment. APPROVED AS TO FORM AND LEGALITY: ig eee TDD A¥TORNEY Lyin Oo SHInAEA PRINT NAME ahs li> T y DATE EXHIBIT B FORM OF DISBURSEMENT REQUEST Requisition Number #1 and Final TO: — Clerk of Circuit Court ex officio Clerk of the Board of County Commissioners of Okaloosa County, Florida RE: Reimbursement for Emergency Permitting and Dredging of Old East Pass Lagoon Channel, Contract #C13-2032-TDC You are hereby requested to pay the sum of $157,838 to the City of Destin for Destin Harbor Maintenance Dredging per the attached invoices and documentation. Such amount is justly due and owing as a proper expense in connection with the Interlocal Agreement for Destin Harbor Maintenance Dredging Project, Contract #C13-2032-TDC. Such expense has not been the subject of another requisition which has been paid. August 12, 2013 Date Mx, dt 2 é Mary: stick City Mahager City of Destin Office of the Mayor 4200 Indian Bayou Trail | Destin, Fl. 32541 | Phone: 850-837-4242 | Fax: 850-650-9250 | www.cityofdestin.com March 13, 2013 James D. Curry, County Administrator Okaloosa County Board of Commissioners Suite 100 1804 Lewis Turner Boulevard Fort Walton Beach, FL 32547 Dear Mr, Curry: At their regularly scheduled meeting on March 4, 2013, the Destin City Council directed staff to work with Okaloosa County to seek financial assistance from Tourist Development Council funds for the emergency permitting and dredging of the Old Pass Lagoon Channel in an amount not to exceed $180,000. The northwest area of Norriego Point has been slowly migrating into the Old Pass Lagoon Channel since the last dredging operation was conducted by the City in 2012. Asa result of winter and tropical storms, sand from the aforementioned erosion of Norriego Point, as well as from other sources, has moved into adjacent water areas to the north and northeast. This has created significant shoaling of the Old Pass Lagoon Channel adjacent to the Destin Bridge, thereby impairing navigability of that waterway by any large vessels. This channel is heavily used by recreational boaters and commercial fishermen. It has now reached the point where emergency dredging is required to maintain the navigability of the channel and preserve continued safe use of the Destin Harbor. Because it is critical that this channel remain open, staff is requesting Council declare this an emergency. A copy of the draft Resolution is attached. City staff is also requesting Council authorize a financial contribution of $20,000 and have staff handle the construction bidding and construction administration associated with the dredging operation. Please see the attached agenda item for the March 18, 2013 City Council Meeting. The City recognizes and sincerely appreciates the County’s foresight in understanding that the navigability of this waterway is vital to our local economy. I thank you in advance for your assistance in this matter. Sincerely, Maryann Ustick ¥ City Manager CONTRACT # C13-2032-TDC CITY OF DESTIN DESTIN HARBOR MAINTENANCE DREDGING EXPIRES: 04/01/2014 INTERLOCAL AGREEMENT FOR DESTIN HARBOR MAINTENANCE DREDGING PROJECT THIS AGREEMENT is made and entered into on the effective date below, by and between OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafier referred to as “the County”) and THE CITY OF DESTIN, a municipality of the State of Florida (hereinafter referred to as “the City”). WHEREAS, sand shoaling at the Old Pass Lagoon Channel adjacent to Destin Bridge has reduced the navigable water depths and channel width of the entrance channel to Destin Harbor, causing ship groundings and impassable conditions during low tide; and WHEREAS, these hazardous navigation conditions have prompted the City and the County to pursue maintenance dredging to provide safe navigation and reduce the impact to the local fishing and recreational boating economy (hereinafter referred to as the “Dredge Project” or “Project”); and WHEREAS, the Dredge Project will promote tourism through the enhancement of fishing and boating in the Destin Harbor and will assist in the enhancement and restoration of Norriego Point and similar beach areas; and WHEREAS, all necessary permits for the Dredge Project will be applied for solely by the City, and the County has agreed to enter into this Interlocal Agreement authorized pursuant to Section 163.01(4), Florida Statutes, to provide for (1) the effective completion of the Dredge Project, and (2) to establish the funding of the Project including design, permitting, construction, and management; and WHEREAS, the Board of County Commissioners have authorized the participation of the County in the Dredge Project. NOW, THEREFORE, acting pursuant to their statutory authority and in consideration of the mutual covenants and agreements of the parties, the County and the City agree as follows: SECTION I. AUTHORITY 1.1 This Interlocal Agreement is entered into pursuant to the provisions of Chapter 163.01, Florida Statutes, (hereinafter referred to as the “Act”) and other applicable provisions of law. SECTION I. PARTIES 2.1 The parties to this Interlocal Agreement are the County and the City. Page 1 of 9 SECTION DI. FINDINGS 3.1 The recitals set forth above are hereby approved and incorporated herein. SECTION IV. CITY TO ASSUME PROJECT RESPONSIBILITY 4.1 The parties agree that the City will have the responsibility to obtain all State and Federal permits required by law for the Dredge Project, and will serve as the sole permit applicant. _ Subject to the funding provisions in Section V herein below, the City will be responsible for all fees associated with obtaining the required permits. 42 In performing its primary role, the parties agree that the City will include the Coastal Management Coordinator of the Okaloosa County Tourist Development Department, and their designated consultants (the “County Representatives”), if any, in all project management meetings, as well as in all substantive project management decisions. Substantive management decisions include, but are not limited to; project design and regulatory decisions, initiating and conducting Project related bid or RFP processes; negotiating, executing and managing professional service contracts, construction contracts, insurance contracts and supply contracts; preparation and approval of requests for payment to the County and payment of Project contractors and professionals. 4.3 The parties agree that, upon issuance of any required permit approval, the City will, subject to the participation requirements provided above, have full authority and responsibility to undertake the Project and accomplish all activities relating thereto including contracting for necessary Project services for such things as design, permitting, construction, monitoring and management, and any other related and necessary services for the Project. 4.4 The City shall acquire or obtain all necessary easements, permits, property interests and titles as are required for the completion of the Project. 4.5 Other than this Interlocal Agreement, the County will not be a party to any agreements relating to the Project including those agreements to design, permit, construct, monitor, or manage the Project nor in any way be considered to be in privity with the Project contractors and consultants. SECTION V. FUNDING FOR PROJECT 5.1 The County agrees to the following funding commitments in order to enable the City to enter into, without limitation, agreements for design, permitting, construction, monitoring, and management of the Project between the City and the contractor or service providers of the City’s choice: Page 2 of 9 A. The County will contribute legally available funds up to a maximum of one-hundred eighty thousand dollars ($180,000.00), for actual costs related to the Project Permit, the Dredge