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

and settle all outstanding liabilities and claims. 15. Disclosure: Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gifi, or other consideration contingent upon or resulting from the award or making of this Contract. VoPubhe Services Dept Bid does'Contrace 3. 18 PS Gator Dredge doe 16. Miscellaneous: 16.1 Governing Law The parties intend that this Contract and the relationship of the parties shall be governed by the laws of the State of Florida. 16.2 Severability If any section, subsection, term or provision of this Contract or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Contract or the application of same to parties or circumstances other than those to which it was held invalid or unenforceable, shall not be affected thereby and each remaining section, subsection, term or provision of this Contract shall be valid or enforceable to the fullest extent permitted by law. 16.3. Sovereign Immunity Nothing in this Agreement is intended to nor shall be construed to waive the CITY’s rights and immunities under the Florida Constitution, Common law, or Florida Statutes §768.28, as amended from time to time.. 16.4 Construction ‘The Parties have participated jointly in the negotiation and drafting of this Contract. In the event an ambiguity or question of intent or interpretation arises, this Contract shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provision of this contract. 16.5 Attorney's Fees In any dispute relating to this contract each party shall be responsible for its respective attorney's fees and costs. 16.6 Notices All notices under the Contract shall be in writing and shall be effective when mailed by certified mail, retum receipt requested, or when delivered personally, as provided hereafter, or to such other addresses as may be designated by notice: V Pabhe Servives Depn Bul docs\Conteact'13 15 PS Gatur Dredge doe Asto the City: Maryann Ustick, City Manager City of Destin 4200 Indian Bayou Trail Destin, Florida 32541 IN WITNESS WHEREOF, the City hereunto gaused Contractor has affixed their name and seal, this the er Bh 4 2S j ATTEST: Le '° Rey Bailey City Clerk APPROVED AS TO LEGAL FORM: J. Jerome Miller City Attomey Witness ¥ Pebhe $e As to the Contractor: William J. Coughlin, If Gator Dredging 8440 43rd Strect N. Pinellas Park, FL 33781 ee presents to A y and the day of 20 13. CITY OF DESTIN Maryann City Manaj SEAL CONTRACTOR: By: Managing Member sees Dept Bid dees Contract 13.18 PS Gator Drude des rn BH OT 9) g 2 DESTIN. FLORIDA >» DESTIN, FLORIDA NORTH qi PLANNING Survey Report — £13-019 Norriego Point and Destin Harbor Entrance Channel Topographic and Hydrographic Survey SURVEYING Surveyor’s Report Hydrographic & Topographic Survey Survey No. £13-019 Pre and Post Construction Survey Norriego Point and Destin Harbor Entrance Channel Report of Survey: David Ham — CH, CSTIII Location: Project is located in Destin, Fl. Date: Pre Construction Survey was performed 05 March 2013. Post Construction Survey was performed 22, 23 May 2013 Access: There were no access issues for the duration of this project. Personnel: Hydrographic Data Collection: Boat Captain - David Ham; System Operator — Jeremy Fye. Topographic Data Collection: Party Chief - Todd Knight; Instrument Man — Brandon Gambill. Datum: Horizontal coordinates are based on the state plane coordinate system for the North zone of Florida (SPC-FL-N), and referenced to the North American Datum of 1983, realization of 2007 (NAD83(2007)). Elevations are referenced to the North American Vertical Datum of 1988 (NAVD88). Instruments: The following instruments were used for data collection: GCT Hydro 1 Data Collection Software HYPACK 2011 Sounder Dual Frequency Echo Sounder operating at 200 kHz Trimble R7 Receiver / Pacific Crest ADL Radio (Base) Positioning Trimble R8 Receiver (Rover) TOPOGRAPHIC EQUIPMENT Trimble R7 Receiver / Pacific Crest ADL Radio (Base) Positioning Trimble R8 Receiver (Rover) Field Procedures: This survey was performed utilizing Real-Time Kinematic (RTK) GPS with a base receiver established at a previously located survey monument, referenced as point number “128”, for all data collection. Static GPS Data was logged at the base station during the entire course of survey activities, and the resulting data files sent to OPUS for positional verification. Tidal reductions were obtained utilizing RTK and referenced to NAVD88. RTK tides were verified against a temporary bench mark “X” set in the retaining wall in the south east area of the project. Bar checks were performed prior to survey operations to verify draft and sound velocity corrections. Gustin, Cothern & Tucker, Inc. 121 Hart Street, Niceville, FL 32578 Page? PLANNING. ‘BURVEYING Survey Report — £13-019 Norriego Point and Destin Harbor Entrance Channel Topographic and Hydrographic Survey Special Notes: Tidal Bench Mark Station “872 9511 C TIDAL’ was located and base station vertical values adjusted to coincide with the published NAVD 88 values prior to data collection. See Appendix A for additional station information. RTK Ties: Monument Given X GivenY | GivenZ Found X Found Y_| Found Z Notes ge ie 1333639 513087 29.48 | 1333639.037 | 513047.353 | 29.48 Tidal Bench Mark 126 1336976291 | 509914.396 | 7.975 | 1336876.228 | so9914.430 | 7.834 Four Concrete Monument set "x" 1335320100 | 11272.196 | 6.338 | 1335320100 | 511272196 | 6.338 Dees 8s taro ae Hydro Check in - out Data Processing: Hydrographic data was processed and soundings spikes were removed immediately upon completion of the survey. A Tin model of each survey surface was created and a Tin vs. Tin volume calculated to produce final volumes. Field Conditions: Sea conditions were calm, 1-2 feet. Gustin, Cothern & Tucker, Inc. 121 Hart Street, Niceville, FL 32578 Page 2 Survey Report — £13-019 Norriego Point and Destin Harbor Entrance Channel Topographic and Hydrographic Survey SURVEYING VOLUME CALCULATIONS: VOLUME CALCULATIONS WERE PERFORMED USING THE HYPACK TIN VS TIN METHOD. THE FINAL FILL VOLUME IN THE DMMA AREA IS 10,801.51 CUBIC YARDS. THE TABLE BELOW SHOWS THE VOLUME REPORT FROM HYPACK, File Version 11.0.0.5 TIN File: C:\ HYPACK 201 1\Projects\Norriego Point\Sort\Disposal_Post_5-24-13.xyz Additional File: C\AHYPACK 201 1\Projects\Norriego Point\Sort\Disposal Pre.xyz Mode: Elevation Aligned to LNW: No Remove Narrow Triangle: No Max Leg: 200,00 X Maximum: 1335173.36 X Minimum: 1334695.03 Y Maximum: 511591.41 Y Minimum: 511137.51 Z Maximum: 8.79 Z Minimum: 2.19 Number of Points: 126 Number of Triangles: 250 Volume unit: Cubic Yard TIN vs TIN Volume Totals TIN1 File: CAHYPACK 201 1\Projects\Norriego Point\Sort\Disposal_Post_S-24-13.xyz TIN2 File: C:\AHYPACK 201 1\Projects\Norricgo Point\Sort\Disposal Pre.xyz Volume Tin] Above Tin2 = 10818.69 Area Tin] Above Tin2 = 138498.30 Volume Tin] Below Tin2 = 17.18 Area Tin] Below Tin2 = 2241.08 Gustin, Cothern & Tucker, Inc. 121 Hart Street, Niceville, FL 32578 Page 3 PLANNING SURVEYING. APPENDIX A Survey Report — £13-019 Norriego Point and Destin Harbor Entrance Channel Topographic and Hydrographic Survey TIDAL BENCH MARK 8729511 C TIDAL The NGS Data Sheet See file dsdata.txt for more information about the datasheet. PROGRAM = datasheet95, VERSION = 8.1 1 National Geodetic Survey, Retrieval Date = JUNE 14, 2013 BG3660 PRHAR AOR R AERA AERA ASE RARAE ERASERS EAMES ADHERE EEE ERR ER ESAS EEE AREER RE ERD BG3660 TIDAL BM - This is a Tidal Bench Mark. BG3660 DESIGNATION - 872 9511 C TIDAL BG3660 PID - BG3660 BG3660 STATE/COUNTY- FL/OKALOOSA BG3660 COUNTRY - Us BG3660 USGS QUAD - FORT WALTON BEACH (1994) BG3660 BG3660 *CURRENT SURVEY CONTROL BG3660 BG3660* NAD 83(1986) POSITION- 30 23 43.2 (N) 086 30 49.6 (Ww) HD_HELD2 BG3660* NAVD 88 ORTHO HEIGHT - 8.984 (meters) 29.48 (feet) ADJUSTED BG3660 BG3660 GEOID HEIGHT = -27.41 (meters) GEOID12A BG3660 DYNAMIC HEIGHT - 8.972 (meters) 29.44 (feet) COMP BG3660 MODELED GRAVITY - 979,351.4 (mgal) NAVD 88 BG3660 BG3660 VERT ORDER - SECOND CLASS I BG3660 BG3660.The horizontal coordinates were established by autonomous hand held GPS BG3660.observations and have an estimated accuracy of +/- 10 meters. BG3660. BG3660.The orthometric height was determined by differential leveling and BG3660.adjusted by the NATIONAL GEODETIC SURVEY BG3660.in June 1991. BG3660 BG3660.This Tidal Bench Mark is designated as VM 10146 BG3660.by the CENTER FOR OPERATIONAL OCEANOGRAPHIC PRODUCTS AND SERVICES. BG3660 BG3660.The dynamic height is computed by dividing the NAVD 88 BG3660.geopotential number by the normal gravity value computed on the BG3660.Geodetic Reference System of 1980 (GRS 80) ellipsoid at 45 BG3660.degrees latitude (g = 980.6199 gals.). BG3660 BG3660.The modeled gravity was interpolated from observed gravity values. BG3660 BG3660; North East Units Estimated Accuracy BG3660;SPC FL N a 156,379. 406,491. MT (+/- 10 meters HH2 GPS) BG3660 BG3660 SUPERSEDED SURVEY CONTROL BG3660 BG3660.No superseded survey control is available for this station. Gustin, Cothern & Tucker, Inc. 121 Hart Street, Niceville, FL 32578 Page 4 Survey Report — £13-019 Norriego Point and Destin Harbor Entrance Channel Topographic and Hydrographic Survey SURVEYING BG3660 BG3660_U.S. NATIONAL GRID SPATIAL ADDRESS: 16REU4670862693(NAD 83) BG3660 BG3660 MARKER: DJ = TIDAL STATION DISK BG3660_ SETTING: 31 = SET IN A PAVEMENT SUCH AS STREET, SIDEWALK, CURB, ETC. BG3660_SP_SET: BRIDGE RAIL BG3660 STAMPING: 9511 C 1978 BG3660_MARK LOGO: NOS BG3660_STABILITY: D = MARK OF QUESTIONABLE OR UNKNOWN STABILITY BG3660 SATELLITE: THE SITE LOCATION WAS REPORTED AS SUITABLE FOR BG3660+SATELLITE: SATELLITE OBSERVATIONS - September 22, 2010 BG3660 BG3660 HISTORY - Date Condition Report By BG3660 HISTORY - 1978 MONUMENTED Nos BG3660 HISTORY - 1984 GOOD FLDNR BG3660 HISTORY - 1989 GOOD USPSQD BG3660 HISTORY - 20030428 GOOD USPSQD BG3660 HISTORY - 20050303 GOOD USPSQD BG3660 HISTORY - 20060318 GOOD USPSQD BG3660 HISTORY - 20100922 GOOD GEOCAC BG3660 BG3660 STATION DESCRIPTION BG3660 BG3660'DESCRIBED BY FL DEPT OF NAT RES 1984 BG3660'IN DESTIN. BG3660'IN DESTIN, THE MARK IS SET IN THE TOP OF THE BRIDGE RAIL AT THE BG3660'NORTHEAST END OF THE WESTBOUND U.S. HIGHWAY 98 BRIDGE OVER DESTIN BG3660'PASS, 15 FEET SOUTHEAST OF THE CENTERLINE OF THE HIGHWAY. BG3660'THE MARK IS 3 FT ABOVE HIGHWAY. BG3660 BG3660 STATION RECOVERY (2003) BG3660 BG3660'RECOVERY NOTE BY US POWER SQUADRON 2003 (REG) BG3660'RECOVERED IN GOOD CONDITION. BG3660 BG3660 STATION RECOVERY (2005) BG3660 BG3660'RECOVERY NOTE BY US POWER SQUADRON 2005 (REG) BG3660'RECOVERED AS DESCRIBED BG3660 BG3660 STATION RECOVERY (2006) BG3660 BG3660'RECOVERY NOTE BY US POWER SQUADRON 2006 (REG) BG3660'RECOVERED IN GOOD CONDITION. BG3660 BG3660 STATION RECOVERY (2010) BG3660 BG3660'RECOVERY NOTE BY GEOCACHING 2010 (DEB) BG3660'RECOVERED IN GOOD CONDITION. *** retrieval complete. Elapsed Time = 00:00:05 Gustin, Cothern & Tucker, Inc. 121 Hart Street, Niceville, FL 32578 Page 5 Survey Report — £13-019 Norriego Point and Destin Harbor Entrance Channel Topographic and Hydrographic Survey SURVEYING TIDAL DATUM CORRELATION INFORMAION Tidal Elevation ELEVATION INFORMATION PID BG3660 VM. 10146 STATION ID 8729511 EPOCH: 1983-2001 DATE Friday, ane 14, 2013 9:35:31 AM EST MHHW = = O61 feet