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Backup Documents 06/14-15/2011 Item #10D MEMORANDUM 10 D Date: July 15,2011 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Contract #10-5572 "Wiggins Pass Permitting, Modeling & Inlet Management Plan" Contractor: Coastal Planning & Engineering Attached is one (1) original contract, referenced above (Item #10D) approved by the Board of County Commissioners on June 14-15,2011. The original has been kept by the Minutes and Records Department to be kept as part of the Boards Official Records. If you should have any questions please contact me at 252-8411. Thank you. Colter County ---- - Admlnlsltalive Servtces ()vjSlOn PurchaSing Purchasing Department 3327 Tamlami Trail East Naples, Florida 34112 Telephone: (239) 252-2667 FAX (239) 252-6593 Emall: LynWood(a)collierqovnet www.collierqov . neUpurchasinq 10 D . . Memorandum Subject: Solicitation # 10-5572 "Wiggins Pass Permitting, Modeling & Inlet Management Plan" Date: June 15, 2011 If( From: Lyn M. Wood, CPM, Contract Specialist To: Ray Carter, Risk Manager This Contract was approved by the BCC on June 15, 2011 Agenda Item 10.0 The County is in the process of executing this contract with Coastal Planning & Engineering. Please review the Insurance Certificate(s) for the referenced Contract. . If the insurance is not in order please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. . If the insurance is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have an questions, please contact me at the above referenced information. Risk Management Signature !fJ C Gary McAlpin, CZM Mf! BmID JUN 1 6 2011 RISK MAtWiEHENT (Please route to County Attorney via attached Request for Legal Services) ~~ ~\~~ G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewoflnsurance4/15/2Q 1 0/16/09 10 D Contract #10-5572 Wiggins Pass Channel Straightening - Design and Permitting PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this I sP'day of <..)U.Vl"i... 2011 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Coastal Planning & Engineering, Inc., authorized to do business in the State of Florida, whose business address is 2481 NW Boca Raton Boulevard, Boca Raton, Florida 33431 (hereinafter referred to as the "CONSUL TANT"). WITNESSETH WHEREAS, the OWNER desires to obtain the professional Coastal Zone Management Consulting services of the CONSULTANT concerning Wiggins Pass Channel Straightening - Design and Permitting (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 10D 1.1. CONSULTANT shall provide to OWNER professional Coastal Zone Management Consulting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5 CONSULTANT designates Stephen Keehn,P.E., a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and perforrned under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating 2 10 D to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 3 10 D .~ 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have 4 .. "' -'~'--'">---'~-'-'--~-""-'-'"'-"-"""-~'--"""_"_"-_'______~______'~_'_~'__'U.M__""~"" 10 D common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement _ EOP, etc) , and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 5 10 D 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 6 "" "-',---,<,~"~_""""____"",,,_._,,c._____._~.__..__._.._~ ". .. "_""_~"_'_____"_'~_.____'___"_ 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance In consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; 7 ,~,. "~'C_~'~___"_"__~'~_"'''_^'_ .. 10 D I~ I (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or 8 10 Di" lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of one hundred eighty (180) calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be 9 lOll deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 10 ARTICLE SEVEN MAINTENANCE OF RECORDS 10 D .j 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. II _.... ......_~"M_..'.~...'_~.~__.,,_" "..."_.. ,.~..,,_'~_,~____,,_"'" 10D 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. 11 10 D ~ ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. 1\ LO D I ~tr~' Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other 14 10 D ~ codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 15 - -"-'---"'-~'~~~--''''''~----''''' ".._-,.~-,._~~"-,",,-"'_._-_.__..._.'- 10 D 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. 16 10 D ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-in-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. 17 .- _."...-_.~--------_..,._..---._--.""""'"'-~--~,~'.~---~._--~~_...--.-.....--.------ 10 D , ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL 34112 Attention: Stephen Y. Carnell, Purchasing/General Services Director Telephone: 239-252-8371 Facsimile: 239-252-6584 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Boulevard Boca Raton, FL 33431 Attention: Thomas Campbell, President Telephone: 561-391-8102 Facsimile: 561-391-9116 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. 18 10 D ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 19 '_"~"'~__"""'~"'_~'.'..~~n"_..._.____,___ 10 D 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent 20 10 D .;;I~" upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-in-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resoive disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation 21 . ""~'~-_."~'""-""-. .-.'-"'..-,,-.-.....-- 10 D shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 22 ."'--~'"^''''."----'-'--~'--''..''"---''~----'-_._---''._-'''-~'---' 10 D IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Wiggings Pass Channel Straightening - DEtS.ign and Permitting the day and year first written above. ,',' , , AITES.T: . " , :3COTT R. TEACH Print Name w~ Sl'fPl-terJ (8QcN Print Name ~J) Witness S\'Q..~, 0\nd,o,\ Print Name BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: Fred W. '~w~ Coyle ,Chairman Coastal Pla"-ni_n~ & EnQineerin~ Inc. (,.' "/<~--~.<" - .// . <// ~... ./.,/.. //- By: ~~;''c/'e:( /~ <C . /' \ .... / -,/ --..--.- "\ \..,;; yy, "" '" C C\ "" ,) 'a....\, \ _ '~r -lL ::, \ cl-'l. Y\1 ' Typed Name and Title . liS;" # -...---.... \01) . 0,!;'!1r!a Cd IY 1<;"1'1 LeaB l';:te 1J \ <:;)'1 ~~~L\ Depul:! CierK 23 "-._~ -----~~..~~'-.-.--,......._____<....._,._..",~_,_........_,_._"____~.c..."_. SCHEDULE A SCOPE OF SERVICES 10D 1'04 SCOPE OF WORK for PREPARATION OF INLET MANAGEMENT PLAN, COUNTY ENVIRONMENTAL IMPACT STATEMENT AND GEOTECHNICAL INVESTIGATION FOR DESIGN AND PERMITTING OF WIGGINS PASS IMPROVEMENTS FOR CONTRCT 10-5572 May 2011 The enclosed scope of work describes additional tasks necessary to complete the permitting process for a new 10 year permit for Wiggins Pass. These tasks were not included in the initial Engineering and Permitting scope of work for Wiggins Pass, since they were identified following its approval. This work will be based on the 1995 Inlet Management Plan prepared for Collier County (County), the recently completed Joint Coastal Permit /\pplication (February 2010), and the Wiggins Pass Modeling Report (January 2009) for Navigation Improvements and Erosion Reduction Project for Wiggins Pass, Florida. These tasks will be incorporated into the new report and ETS, and will be the basis for responding to March 2010 RAT from the Corps and FDEP. This is a revised scope of work and fee proposal to support additional work on Wiggins Pass based on the letter dated May 13,201 I and the May 20, 2011 telephone conference from FDEP. The tasks include: Task I. Preparation for and Attendance at Meetings Task 2. Prepare Inlet Management Study Task 3. Prepare County Environmental Impact Statement Task 4. Modeling of Additional Alternatives Task 5. Additional Geotechnical Field Investigation Contingency I. PREPARATION FOR AND ATTENDANCE AT MEETINGS There is a need to attend meetings with FDEP and meet with agency representatives including NMFS to kick off the next phase of the project and for periodic in progress review. The number of meeting will be I in Tallahassee, 2 in Collier County with the agencies, and/or one at an agency office. Meeting includes some preparation time. II. PREPARE INLET MANAGEMENT STUDY The Florida Department of Environmental Protection (FDEP) is requiring the preparation of a new inlet management study as part of the permitting process as described below trom Chapter 62B-4l Rules and Procedures for Application of Coastal Permits: 10 D (m) Demonstration of consistency with adopted statewide strategic management plan, an inlet management plan or a proposed drafi inlet management plan in accordance with Rule 628-41.005(16). If not included in the inlet management plan the applicant will provide thefol/owing: 1. A description of the physical characteristics of the inlet: 2. A sediment budget filr the inlet: 3. An analysis of the stability and hydraulic characteristics of the inlet including current velocities, tidal prism and current patterns of the flood and ebb tides: 4. A description of the wind and wave climate in the area of inlet influence: 5. A description of the sediment characteristics of the inlet and its related shoals, 6. The influence of existing manmade structures: 7. The current and historic shoreline erosion and accretion trends: 8. A statement of perfiJrmance objectives and an analysis of the expected effect of proposed coastal construction on the coastal .\ystem and marine turtles within the inlet area of influence: 9. An analysis of available alternatives to the proposed coastal construction, including the no action alternative. on meeting the stated perfiJrmance objective and any related effects on the coastal system or marine turtles; and 10. A demonstration of the anticipated public benefits of the coastal construction. The inlet management plan will consider the intent in the new legislation that modifies how sediments are managed at navigation inlets, which may be directive in nature as it pertains to Wiggins Pass. Specific guidance from FDEP will be provided during the report preparation process. The new legislation changes Section 161.142 and 161.143 F.S. The completed inlet modeling report. Joint Coastal Pennit (JCP) application and field data collection for Wiggins Pass improvements will provide the basis for addressing the 10 requirements listed above, and will be incorporated in the final plan. The plan will also address comments received from FDEP during their site visit on March 10,2010, their initial request for additional infonnation (RAI) and the May 13, 2011 letter. A committee appointed by the County will review progress of the plan preparation and their decisions will be incorporated into the plan. The initial draft plan will be submitted to the County and FDEP for their comments. The FDEP's adopted plan may differ from the County's based on the State's procedures. The goals for the Wiggins Pass navigation improvement study as developed by Collier County and the Wiggins Pass Modeling Evaluation Work Group are: I. To provide a safe channel for boating; 2. To address erosion at Barefoot Beach; 3. To lengthen the dredge cycle and accomplish it with the least effect on the environment; and 4. To provide a solution that is economically effective. 2 lOll The tasks incorporating the above are A-E below: TASK II-A. COASTAL ENGINEERING ANAL YSIS 1. Data Collection & Review. This task was largely completed with the initial permit and modeling work, but a comprehensive search will be conducted to locate recent literature and data to supplement the previously developed history of recent natural and manmade modifications to the inlet and adjacent areas. Recent topographic and bathymetric data of the navigation channel and ebb and t100d shoals will also be compiled. Potential data sources include FDEP and County beach and inlet pro tile surveys, high density LiDAR data, or other local entities including previous data collection and compilation by other local consultants. Available aerial photography may be utilized to provide supplemental shoreline position information. 2. Shoreline Position Manning & Change Analvsis. The analysis of shoreline positions will provide the basis for assessing short-term and long-term shoreline change. The consultant will consider episodic sediment transport trends resulting from hurricanes, inlet moditications and beach nourishment. We will analyze and document inlet activities that have occurred since dredging began in 1984 and evaluate if those activities may have had impacts to the inlet shoreline or adjacent areas. The consultant will use a geographic information system (GIS) approach to compile and analyze the temporal shoreline position changc analyses. The GIS analysis will enable temporal and spatial comparison of FDEP historical shorelines and historical aerial photography. For time periods where survey data are not available, shoreline changes will be estimated from the interpretation of aerial photographs. An effort will be made to collect photos in digital format. If only hard copies are available, they will be scanned and geo-rectitied using GIS so that shorelines can be mapped. Special considerations will be given to short-term changes so natural and man-made responses are not minimized by averaging data. Inlet ebb and flood shoal configurations, channel orientation and dimensions will be illustrated with available aerial photography sets. The inlet change data will be compared to beach shoreline changes to identify correlations and shoal configurations. 3. Volumetric Changes and Sediment Budget Undate. A post-dredge sediment budget analysis will be used to describe the sediment transport pathways in the vicinity of Wiggins Pass and adjacent beaches. It will be compared to the sediment budget from the 1995 study. The sediment budget will be expanded beyond the I-mi monitoring area north and south of the inlet. Available wind, wave, and tidal data will be reviewed. The wave climate will be assessed in the vicinity of the project to determine the representative range of incident wave angles, wave heights, and wave periods. The intent is simply to help contirm the 3 laD influences of storms and of changes in inlet and nearshore morphology on the sediment transport patterns. The inlet area of influence will be defined and inlet impacts and solutions will be determined based on these zones. An odd-even analysis will be based on this defined regIOn. 4. Development of Inlet Management Alternatives. The consultant will identify and describe various non-structural alternatives to improve sediment management within Wiggins Pass. No structural alternative will bc considered. The alternatives will address methods to control inlet channel migration, channel modifications, dredge management options for the navigation channel entrance. and sand distribution and bypassing to re- establish near-historic levels of sediment transport. Quantity and costs will be developed for the selected alternative that is shown to be viable. The performance of viable management options will be evaluated in Task B. Alternatives will consist of various channel dimensions, orientations, and on-and- otTshore disposal plans compared to the existing conditions. TASK II-B. INCORPORATE WAVE & CURRENT MEASUREMENTS, MODELING AND STABILTY CURVE The consultant has previously deployed two acoustic Doppler current profilers (ADCPs) in the study area tor a period of one month. The tide height, current and wave information collected from this deployment was used to calibrate the Delft-3D model determining effects such as wave damping and wave transformation as waves approach the nearshore. The results of field data collection and modeling will be described and illustrated in the plan per items I and 4 above. The measured wave, current and water level data will also be delivered in raw and processed (time series) formats on a CD-ROM. Survey data was collected during the wave measurement programs, and will be used to develop an updated stability curve tor the inlet which will be compared to the historic curve developed in the 1995 plan. The results of the modeling will be summarized and illustrated in the modeling section. TASK II-C. IMP COORDINATION AND MEETING I. Proiect Administration. The consultant will attend meetings with FDEP, the Coastal Advisory Committee (CAC) and its Sub-committee on Wiggins Pass, and assist with formulating a plan acceptable to a broad range of local and state interests. Coordination with FDEP Bureau of Beaches and Coastal Systems (BBCS) will be maintained throughout the process in order to solicit their comments if they do not attend the meetings. It is asswned that the consultant will attend up to three (3) Committee and Sub-committee meetings of the CAC, to be held in Naples. The consultant will prepare meeting exhibits and other project documentation. The consultant will attend the meetings and assist the 4 10 D County with communications with key stakeholders and development of the County's plan. TASK I-D. ENVIRONMENTAL EFFECTS OF PROPOSED CONSTRUCTION I. Environmental Section. Previously obtained information will be incorporated into an environmental section describing the effects of the proposed construction on the coastal system and sea turtles. 2. Natural Resources Map. A map of natural resources in the project area compared to the project layout will be updated for inclusion in the report. TASK II-E. PREP ARA TION OF UPDATED INLET MANAGEMENT DOCUMENT I. Preparation of Draft Report. The consultant will prepare a draft IMP based on the coastal engineering analysis, updated sediment budget and numerical modeling results of management alternatives. The report will summarize the construction quantities and estimated costs as well as the impact on adjacent beaches, channel shoaling and maintenance requirements. The consultant will also summarize potential environmental issues that may affect the permitting of inlet modifications. Based on the results of the investigations, the consultant will recommend a modified inlet and beach sediment management approach. Drawings will be prepared for the selected alternative. The draft of the IMP will be submitted to the County and the FDEP for review and comment. 2. Preparation of Final Report. Based on County, State, Federal and public comments, a final updated Inlet Management Plan will be prepared. Five (5) printed copies and digital CD-ROM copies of the final report will be provided to the County and FDEP. Pertinent comments provided during the permit process will be integrated into the plan. III. PREPARE COUNTY ENVIRONMENTAL IMPACT STATEMENT According to Collier County Land Development Code (LDC) 10.02.02A, an Environmental Impact Statement (EIS) must be prepared in support of a Special Treatment Permit approval. Special Treatment (ST) Overlays (LDC 02.03.07) are areas within the County which, "because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historic or archcological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations." Such areas include mangrove and freshwater swamps, barrier islands, hardwood hammocks, and coastal beaches, all of which fall within the Wiggins Pass project vicinity. The purpose of the ST is to assure the preservation and maintenance of these resources. An EIS provides a method to objectively evaluate the impact of a proposed project upon these resources and environmental quality of the project area. An EIS will be prepared for this project according to the requirements listed in LDC 10.02.02A. The EIS will require the preparation of special maps, ecological analysis and engineering calculations to supplement information already prepared for the JCP permit application. The EIS will incorporate the new and existing information into the County 5 lOD EIS format the consultant will attend up to two (2) meetings to discuss and present the result of the EIS. As part of the EIS process, CPE's marine biologist and project manager will research and incorporate tacts and concerns discovered since submittal of the State and Federal permit application in Feb 2010 into the EIS and permit process, specifically FDEP decisions described in the May 13, 20 II letter. These will be incorporated into the RAI process the County's EIS, and will be fully coordinated with the Federal agencies. Including the meetings in I above. IV. MODELING OF ADDITIONAL ALTERANTIVES Based on FDEP's letter data May 13,2011 and a telephone conference on May 20, 2011, no additional modeling will be required if the County's straightened channel design leaves in place most of the marine peat, rock and clay substrate that stabilizes the inlet location. The inlet management study will present a plan to restore the ebb shoal and beach, the major purpose of the new modeling. V. ADDITIONAL GEOTECHNICAL FIELD INVESTIGATION The purpose of this investigation is to collect data within the Wiggins Pass flood and ebb shoals as a basis for addressing substrate concerns raised by the Bureau of Beaches and Coastal Systems, Department of Environmental Protection (BBCS) in the March 2010 Request for Additional Information (RA!) and their May 13 2011 letter. The investigation plan discussed in this scope of work and sho,^,TI on Figure I was developed in coordination with Coastal Planning and Engineering, FOEP BBCS and Collier County during May 20 II. The investigations will include geophysical and geotechnical surveys, data processing and interpretation, and production of a Field Geotechnical Report needed to respond to the March 20 I 0 RAI and provide a basis for updating the channel alignment and design. Investigation results incorporated into the RAI will include a series of fence post diagrams and a plan view map depicting elevation contours of key seismic reflectors. Within flood shoal and the inlet throat the contours of the known rock and clay layers previously identified within the investigation area will be mapped from the sub-bottom survey. Probes and cores across this area will be used to ground truth these features. Although the seismic will be limited by depth within the interior channel, any sub-bottom data collected along with the historic cores and those collect during this investigation will be utilized to develop the contour elevations of the interior organic surface A one (1) day seismic reflection profiling survey will be conducted over the investigation area. Following the geophysical survey, sixteen (16) vibracores will be collected. It will take 3 days to obtain the 16 vibracores due to the shallow nature of the work area and the dangerous conditions working in the strong currents within the inlet and hazardous wave conditions on the shoals and inlet throat. Both investigation need to be conducted during period of higher tide levels. 6 10 D TASK V-A: Proiect Manal!.ement This task includes the management of the project. TASK V-B: GEOPHYSICAL SURVEY The geophysical investigation will be comprised of a one (1) day joint seismic and bathymetric survey. The geophysical survey includes subbottom profiling using the EdgeTech X-Star SB-5l2i/216s "chirp sonar system". The minimum area to be surveyed is provide in Figure I, and will be limited by depth. Time permitting; the survey will extend outside this region to define the extent of the substrate. Tides will be considered in selecting the time of the survey to maximize coverage. The shallowest region will be scheduled for high tide. The survey control and accuracy standards will be consistent with FDEP specifications, a report from the surveyor will be submitted certifYing that the survey meets Bureau of Beaches and Coastal Systems (BBCS) Technical Standards established in Part II.A of section 01200 in the BBCS Monitoring Standards/or Beach Erosion Control Projects, March 2004 and minimum technical standards of Chapter 61 G 17 -6, Florida Administrative Code. Geophysical Survey Equipment Navigation System A Trimble Real Time Kinematic Global Positioning (RTK GPS) system with dual frequency receivers will be used on board the survey vessel to provide high- precision navigation and instantaneous tide corrections. In order to maintain the vessel navigation along the profile lines the Hypack Inc.'s hydrographic system Hypack 2010@ will be used. This software merges RTK GPS vertical and horizontal positioning with the sounding data, allowing real time review of the profile data in plan view or cross section format. It also provides navigation to the helm to control the deviation from the online azimuth. Seismic Reflection Profile Surveys An EdgeTech X-STAR 512i or 216s seismic sub-bottom system will be used to conduct the seismic retlection profile surveys. The X-STAR SB-512i/2l6s Full Spectrum Sonar is a versatile wideband FM sub-bottom profiler that collects digital normal incidence retlection data over many frequency ranges. This instrumentation generates cross-sectional images of the seabed (to a depth of up to 50 ft). The X-STAR SB-5l2i/216s transmits an FM pulse that is linearly swept over a full spectrum frequency range (also called a "chirp pulse"). The tapered waveform spectrum results in images that have virtually constant resolution with depth. 7 _'_>"~'M',__=__~,__~,._,,_.._ 10 D Throughout the offshore seismic retlection survey, selection of the chirp pulse will be modified in real time to obtain the best possible resolution of geological features and the sequence stratigraphy (i. e. vertical sequence and lateral distribution of sediment bodies comprised by ditTerent grain sizes and sediment composition) that in turn optimizes data quality and enhances subsequent interpretation. High trequency and/or short duration pulses are, for example, used to obtain highest resolution (clearest reflector image) in near surface situations; low frequency or longer duration pulses are used where deeper penetration is required. Bathymetric Survey Bathymetric data will be obtained along the seismic track lines and at each vibracore site. This investigation will not be sufticient to develop a complete bathymetric map of the interior channels. The 2009 bathymetric survey will be utilized for permit and preliminary design in the f100d shoal, and the latest annual survey will be used for the ebb shoal where appropriate. The Odom Hydrographic Systems, Inc.'s Hydrotrac, a single trequency portable hydrographic echo sounder, will be used to perform the bathymetric survey. The Hydrotrac operates a trequency of 210 kHz and is a digital, survey-grade sounder. The sounder will be calibrated using an Odom Hydrographic Systems, Inc.'s Digital Pro@ speed- of-sound velocity meter. Speed of sound through water and other selected parameters will be adjusted to accurately reflect physical water conditions in the survey area. Geophysical Data Analysis The EdgeTech Discover data acquisition system collects and stores geophysical survey data in a digital format. EdgeTech' s Discover is a modular acquisition and processing software package that is compatible with all of EdgeTech's systems. It serves as the digital image processing, display, storage, and surface control station for the EdgeTech 512i/216s sub-bottom pro filer (chirp sonar system). This data acquisition system digitizes, stores, and processes seismic signals and combines the seismic imagery with navigational inputs to georeference data in real-time. Hardcopy records will be produced during data acquisition. All seismic ref1ection data will be processed using the SonarWiz.MAP software package developed by Chesapeake Technologies Inc. This software package allows for advanced processing, interpretation, and digital mosaic output and can produce georeferenced HTML-s viewable in generic web-browser software programs. SonarWiz.MAP also produces digital geographic information for the sub-bottom data that are exportable tor incorporation into a GIS database. All sub-bottom profile data will be processed and interpreted by CPE personnel.n 8 100 TASK V-C: GEOTECHNICAL SURVEY A geotechnical survey plan (Figure I) was developed in coordination with the Florida Department of Environmental Protections Bureau of Beaches and Coastal Systems (BBCS). Sixteen (16) vibracores will be collected during this investigation. The coring depths will extend at least 2 feet below the proposed channel depth plus overdredge or refusal at the hard substrate. Geotechnical Survey Equipment A Rossfelder P3 Vibracore, or equivalent, configured to collect undisturbed sediment cores up to 20 teet in length, will be used for this project. This self~contained, freestanding electronic vibracore unit contains a vibratory hammer assembly, an aluminum beam which acts as the vertical beam upright on the seat1oor, an aluminum coring pipe, and a cutting edge. Geotechnical Data Analysis Sediment Sample Analysis Upon completion of field operations, all vibracores will be transported to CPE's office in Boca Raton, FL. There, the vibracores will be logged by describing sedimentary properties by layer in terms of layer thickness, color, texture (grain size), composition and presence of clay, silt, gravel, or any other identifying features. The vibracores will be photographed in 2.0 ft intervals. Sediment samples will be extracted from the vibracores at irregular intervals based on distinct stratigraphic layers in the sediment sequence. The vibracores will then be wrapped and archived. Cores will be stored for a period of up to one (1) year. After this time, cores will either be relinquished to the client or stored for an additional annual cost of $25 per core. Mechanical Sieve Analysis The sediment samples will be analyzed to determine color and grain size distribution. During sieve analysis, any obvious uncharacteristically large fragments will be removed and the description (weight and size) of the material will be noted. The wet, dry and washed Munsell colors will be noted. Sieve analysis of the sediment samples will be performed in accordance with the American Society for Testing and Materials (ASTM) Standard Methods Designation D 422-63 for particle size analysis of soils. This method covers the quantitative determination of the distribution of sand size particles. For sediment finer than the No. 230 sieve (4.0 phi) the ASTM Standard Test Method, Designation D 1140-00 will be followed. The sieve stack used tor mechanical analysis will conform to the BBCS guidelines provided in Table I. Weights retained on each sieve will be recorded cumulatively. Grain size results will be entered into the gINTcw software program, which computes the mean and 9 100 median grain size, sorting, silt/clay percentages for each sample using the moment method. 10 10 D Table I. Mesh sizes to be usedfor granularmetric analysis. Sieve No. 3/4 5/8 7/16 5/16 3 y, 4 5 7 10 14 18 25 35 45 60 80 120 170 200 230 Size (phi) -4.25 -4.0 -3.5 -3.0 -2.5 -2.25 -2.0 -1.5 -1.0 -0.5 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 3.75 40 Size (mm) 19.00 16.00 11.20 8.00 5.60 4.75 4.00 2.80 2.00 1.40 1.00 0.71 0.50 0.36 0.25 0.18 0.13 0.09 0.08 0.06 TASK V-D: FIELD REPORT DEVELOPMENT AND RAI RESPONSE A final Field Report summarizing the results of the geotechnical investigation will be prepared and submitted to Collier County and the FOEP as a response to the March 2010 RAI and as an appendix to the inlet management study. This report will include project results, sub-bottom (seismic) survey profiles, vibracores logs, vibracores photographs, granularmetric reports and grain size distribution curves. From the vi brae ores, as discussed above we will be described for sedimentary properties by layer in terms of layer thickness. color, texture (grain size), composition and presence of clay, silt, gravel, or any other identifying features. We will use this information to develop a dredge cut protocol similar to the 2007 Lee county "Sediment Quality Assurance/ Quality Control Plan" tor Blind Pass. The protocol will be in accordance with FAC 62B-41.007(k) which calls tor "Material with up to 10% tines by weight, as defined by passing the #230 sieve, shall be plased directly on the beach. Material with more than 10% but less than 20% fines by weight will be placed in the nearshore region of the placement area. Material with clay or excessive tine content shall be disposed in an upland site. Table 2 shows the specifications for the placement areas. Placement of material in the meander will be subject to negotiation with FOEP, although beach compatible sand should clearly qualify for use in tilling the old channel location. . II 100 Table2. Placement Specification D < 10% by Weight Passing Silt Content Beach 230 Sieve D < 5% by Weight Retained Fine Gravel on 4 Sieve 20% < D < 10% by Weight Silt Content Nearshore Passing 230 Sieve D < 5% by Weight Retained Fine Gravel on 4 Sieve D > 20% by Weight Passing Silt Content 230 Sieve D> 5% by Weight Retained Fine Gravel on 4 Sieve -- D > 3/4" Wood, Rock, Debris or Upland Other Foreign Material Material resulting in Clay, Excessive Silt or Fines, Cementation on the beach Wood, Rock, Debris or Other Foreign Material CPE will provide all geotechnical information to the FDEP in an electronic format suitable for input to the FDEP Reconnaissance OfJshore Sand Search (ROSS) database. The data will be submitted in Access or glNT files. The submission will include shapefiles (with the associated FGDe compliant metadata) of vibracore locations and seismic tracklines. Seismic data will be provided in HTML format. Seismic timestamps and shot points are not recorded as HTML formatting embeds all navigation data, making timestamps and shot points obsolete. ePE will use the data collected from these investigations to respond to the Request for Additional information issued by BBeS on March 24th 2010 and develop the new channel alignment in Task I above. CAVEATS ePE proposes to perform the Wiggins Pass Improvements Investigation to the industry standard of care and will coordinate the investigations with governmental agencies as required. ePE will attempt to avoid potential problems and restrictions, but there may be adverse circumstances that cannot be avoided or mitigated. Investigation outcomes are beyond the control of ePE and may result in the need for additional services. The client herein recognizes the above referenced risks and agrees to work with ePE to complete the work. ePE is working exclusively on your behalf and will attempt to limit the risks as described above to the greatest extent practicable. No new field investigations other than those described above are anticipated or included in this scope of work. 12 A small amount has been set aside for contingencies or future RAls, to be used by approval of the County. VI. CONSTRUCTION SERVICES: To be determined: Plans, specification, construction observations, surveys, post- construction report and certification. 13 10 D 10 U SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 of: All monthly status reports and invoices shall be mailed to the attention Gary McAlpin, Director Coastal Zone Management 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM PHASE NOT TO EXCEED AMOUNT: I Preparation for and Attendance at Meetinas I.A Meeting preparation and attendance $ 3,605.00 with permit aqencies in Tallahassee I.B Meeting preparation and attendance in $ 4,665.00 Collier County II Prepare Inlet Management Studv II.A Coastal Enqineering Analysis $ 6,748.00 II.B Wave current and modeling description $14,380.00 and stability curvE? II.C IMP coordination and meetings $10,750.00 11.0 Environmental effects of construction $ 4,620.00 II.E Preparation of Inlet Manaqement Plan II.E.i ' Draft $12,236.00 B-1 II.E.ii Final $ 4,640.00 III Prepare County Environmental Impact Statement III.A MappinQ, Clraphics and administration $ 8,303.00 III.B Project description, SLR analysis and $ 3,410.00 drainage flow III.C Native vegetation, growth & water $ 6,460.00 manaClement and archaeoloQY 111.0 Prepare for and attend committee $ 4,380.00 meetings III.E Incorporate new issues into agency $ 1,980.00 coordination and RAls IV Additional Geotechnical Field Investiqation 112 vc) I , IV.A Proiect Management $1,212.00 IV.B Geophysical Survev $ 3,000.00 IV.B.i Mobilization/Demobilization . $ 2,760.00 IV.8.ii Geophysical Data Analvsis $ 3,760.00 IV.C , Geotechnical Survev IV.Ci I Mobilization/Demobilization $ 680.00 IV.Cii Geotechnical Data Analysis $20,660.00 i IV.D Field Report Development & RAI $10,935.00 Response V Reimbursables - Not to Exceed $38,30500 VI Allowance - For Additional RAUS) $10,000.00 , TOTAL ' $177,489.00 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B-2 100 B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly B.3.3 Notwithstanding anything herein to the contrary, In no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B-3 10D B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B,3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. END OF SCHEDULE B B-4 Attachment I 10 D Contract # 10-5572 Wiggins Pass Permitting, Modeling and Inlet Management Standard Hourly Rate Schedule for all disciplines Personnel Category Principal Senior Project Manager Project Manager Senior Engineer Standard Hourly Rate Inspector $195 $165 $148 $155 $119 $85 $85 $65 $140 $110 $110 $75 $115 $100 $115 $145 $100 $60 $60 $85 $130 $160 $180 Engineer Senior Inspector Junior Engineer Senior Planner Planner Modeler Junior Modeler Senior Designer Geologist / Designer Em,;ronmental Specialist Senior GIS Specialist CADD / GIS Specialist Intern Clerical CADD Technician SUMlY Crew - 2 man SUMlY Crew - 3 man SUMlY Crew - 4 man This list is not intended to be all-inclusi\e, Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and Firm on a project by project basis as needed Please note: These rates apply to other Coastal Planning & Engineering, Inc, companies A) Coastal Planning & Engineering of North Carolina, Inc, B) Coastal Planning & Engineering of New York, PC C) Coastal Consultoria Ambiental Ltda. B.5 .. .-.,...,.._-_..,--.-._........._-,,-".~.._...,_....-_._._-"..~'_...~_._~..^",,_._.--",.._~---_._.... -,".' -. ,-....-., .._"._-~,-,._----<"....,---,._-,-,-"_.---~"~.><~..__.'-_.-.._'--"_.."~.,.,-_.~-_.._._- SCHEDULE C PROJECT MILESTONE SCHEDULE 10 D PREPARATION OF INLET MANAGEMENT PLAN, COUNTY ENVIRONMENTAL IMPACT STATEMENT, MODELING & GEOTECHNICAL INVESTIGATION FOR DESIGN, AND PERMITTING OF WIGGINS PASS IMPROVEMENTS Contract Day Task Completed by Contract Day o Notice to Proceed 45 Coordination and Consultation Meetings: FDEP, NMFS, FWS & County 90 Submit following to County: Draft Inlet Management Plan Draft County Environmental Impact Statement Draft Modeling Results Geotechnical Field Investigation and Draft Report - Vibracores 120 Submit Response to RAI #1 with Reports to Agencies 150 Receive RAI #2 180 Attend Local Consultation and Coordination Meetings. 195 Respond to Second RAI Finalize Inlet Management Plan, County Environmental Impact Statement & Modeling Report based on Comments from permit Agencies and County 225 Receive 3rd Request for Additional Information C-t SCHEDULE D INSURANCE COVERAGE 10 D (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein D-I shall relieve CONSULTANT of this requirement to provide notice. In the event otOdf}tion in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. D-l laD (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee x -- $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. [).3 10 D (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes _ No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage D-4 $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 100 _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable Not Applicable D-5 AUTOMOBILE LIABILITY INSURANCE 10 D Required by this Agreement? _X_ Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate D-6 _ $1 ,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate _X_ $5,000,000 each claim and in the aggregate 10 D (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. D-? PROJECT PROFESSIONAL LIABILITY 10 D (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D D-8 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE 10 D In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Coastal Planning & Engineering, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Wiggins Pass Channel St:rai'!Jhtening .. Design and 'PenIlittillg are accurate, complete and current as of the time of contracting. Coastal PI~ni/p-.;Engineering, ~. ( /~ / BY: ~:( ;//~' ~< "--- , . TITLE: \l ^.<<.S'd~n-t DATE: G~I 10-1 100 SCHEDULE F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS PREPARATION OF INLET MANAGEMENT PLAN, COUNTY ENVIRONMENTAL IMPACT STATEMENT, MODELING & GEOTECHNICAL INVESTIGATION FOR DESIGN, AND PERMITTING OF WIGGINS PASS IMPROVEMENTS Name Thomas Campbell Stephen Keehn, PE Nicole Sharp Tom Pierro Lindino Benedet Chris Day Lucas Silveira Jessica Craft Stacy Prekel Melany Larenas, PG Beth Forest Major Contributors during first 90 days Position Principals in Charge Project Manager/Senior Coastal Engineer Junior Coastal Engineer Coastal Engineer/Modeling Coordinator Modeler Modeler Junior Modeler Environmental Specialist/Marine Biologist Environmental Specialist/Marine Biologist Professional Geologist Geologist 1'-1 Percentage of Time 2% 30% 35% 5% 15% 10% 35% 25% 15% 15% 25% ACORD," CERTiFicATE OF LIABILITY INSURANCE! TE (MMIDDIYYVY) 12/09/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lithe certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to. the certificate holder in lieu af such endorsement(s). PRODUCER ISU Suncoast Insurance Assoc P.O. Box 22668 Tampa, FL 33622-2668 813 289-5200 : NAME: rl1gN~o. Ext):_~13 289-5200 E-MAIL -------------- ADDRESS: PRODUCt:R - ~l,!~TO~~12!1~ F,ifc, Not..ll13-289-45~1_ Coastal Planning & Engineering Inc 2481 NW Boca Raton Blvd Boca Raton, FL 33431 INSURER(S) AFFORDING COVERAGE !'ISURER. , XL Specialty Insurance Company NAle# 37885 INSURED [INSURER B : INSURER C : ,!r-I~UR~R 0 : ____ ! INSURER E : I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~R TYPE OF INSURANCE ~~~l ;l!~R POLICY NUMBER Ir3~:8~~\ P3~'8~~\ LIMITS GENERAL LIABILITY 1 EACH OCCURRENCE $ - l,l~~-'~l!~~ 0 RENTED ""--. -----~-- COMMERCIAL GENERAL LIABILITY ~!3.I:;.M!9E;~_J!:~_ 9C_~l,Jrrer\c~J $ 1- -l CLAIMS-MADE L~:1 OCCUR _ - ~~.Q__~~I"J.~~_~n_e pers~nL_ $ ,- --- ------- --------- .. PERSONAL & ADV INJURY $ ~ I GENERAL AGGREGATE $ I ~'L AGGREn LIMIT AY~lS [PER: ! , ~'pUCTS ~_~qMPIOP AG_G_ L_ ---------.------- POLICY ~~RT LOC , $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - (Eaaccident) - ANY AUTO $ , BODILY INJURY (Per person) ALL OWNED AUTOS , --- I BODilY INJURY (Per accident) $ SCHEDULED AUTOS ----------- ------------ -.- PROPERTY DAMAGE $ HIRED AUTOS (Per accident) ------------ - --------- ------ __ n_ NON.OWNED AUTOS $ , , $ UMBRELLA lIAB ri OCCUR EACH OCCURRENCE $ -- i CLAIMS.MADE i . ------_._----~---~-------- ____n______ HO'''_'''___ ~XCES=-~I~.~... ~0ATE $ ___~ DEDUCTIBLE I $ - - ---- ! I RETENTION ~ . $ WORKERS COMPENSATION , I "!'IC STATU- I _m".: AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORlPARTNERlEXECUTIVED EL EACH ACCIDENT .. $ OFFICER/MEMBER EXCLUDED? NI' (Mandatoryln NH) i EL DISEASE. EA EMPLOYEE $ II yes, describe under ! DESCRIPTION OF OPERATIONS below I EL DISEASE - POLICY LIMIT $ A Professional DPR9690485 112/15/2010 1211512011 $2,000,000 per claim 1 Liabilitv i $4,000,000 annl aaar. DESCRIPTION OF OPERATIONS I lOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Professional Liability coverage is written on a claims-made and reported basis. RE: Contract # 10-5572 Wiggins Pass Permitting, Modeling & Inlet Management Plan CERTIFICATE HOLDER CANCELLATION Collier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Administrative Services Division THE EXPIRATION DATE THEREOf, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Alln: Lyn M. Wood, C.P.M. 3327 Tamiami Trial East AUTHORIZED REPRESENTATIVE Naples, FL 34112-4901 oL9..:P "., M-Ol~.a I - ACORD 25 (2009/09) 1 of 1 #S287624/M287599 @1988-2009ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KEB -~ ACORD ~ CERTIFICA TE OF LIABILITY INSURANCE 1 OPID:R3 (MMfDDlYYYY) 02/16/11 THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ""LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED JRESENTAT1VE OR PRODUCER, AND THE CERT1FICA TE HOLDER IMPORTANT; If the certificate holder is an ADDiTIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAJVED, subject to the terms and conditions of the policy, certain pOlicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). P1'l:ODUCER 954~776.2222 i ~2Z~ACT Brown & Brown of Florida, Inc. 954 776-44461!'HOr~-~---- :1201 W Cypress Creek Rd # 130 . i :A'C,No., Extj P.O. Box 5727 ~6'tA~~SS Ft. LaUderdale., FL 33310-5727 PRODUCER .....OAST 2 Colin Lowe. CIC CUSTC",EJj.iD~, l.. _ I I --1 INSURED Coastal Planning & Engineering Inc 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 iNS UR!,:R1Si,",I'"~OR C'.INgCOVERAG1: ".~SURER':" Hartford Casualty Ins, CO ,"'SURER 8 Sentinel Insurance Co L TO NSURERC Hartford Fire Insurance CO, ,NSURE.R D Allianz Global Risks US InsCo 'NSlJRER E Great American insurance Co. NAIC ~ 29424 11000 19682 35300 16691 'NSURER F REVISION NUMBER: COVERAGES CERTIFICATE NUMBER: 'HIS IS TO CERTiFY TH,;"T THE:;;CLiCES OF INSUR;>,NCE LiSTEe SdCV) HA/t. JEEN iSSUt:i) ie' 'Ht ~;SUF:::D NA'.1t:C A80\i~ =-SR THE coCo:..!::v PEK:OD ;NDICATED NOTWITHSTANDING "C.,NY REQU;RE.~,iENT n::RM OR CONT;!'f10N ];::~N'y CCNTR.4.CT C)f:': c,n--'E~: DC:L;t,,:~YT "i!T,~ RESPEC'-;-C:; /,',,:C:I THiS CERTiFiCATE MAY BE iSSUED OR !\1.u.Y Pi':RT,:1,'N -HE iNSUR.ANCE.l,FF-ORC=:C; BV '~HE POliCiES OESCRiBEu '+~ty, ,S S".8.cC"" "1';):..:..-,- '7c..:E: T::~t,<l-S EXCLUSIONS AND CCNDIT!ON,s ()F SUCf-' P,,-::'UC.:ES UM:(.5 SHCV/N \lAY "if,'..-::: BEEN ~t:lJL;Cc:::' 8Y p,:.m CLAil-..,IS lNSR-- ADDLSVBR POLlCY"-",, POLiCY E.X? LTR TYPE Of' INSURANCE 'NSR IfI'iP POL;C"..;'IUMS"R :MMiODiyvYY1 ~'AM,"DiYvyy\ A X CDMME"":i,~i \~ENE"."" ;':'-:<'!', x 21 UENK07686 02/151'11 02i15/12 :..:>,tns GENERAL LIABILITY 1.000.00~ 300.0001 10,00Dj 1.000,OO~ 2000,OODj 2,000.0001 C:"i',lS ',\.\[f X ;:-';,,, --~,'" ';i<fG;" . 'SENt 'o',GGREGATt: "jr.,\:' ";'i2'l';::~ ,:>i''' P(XiCV AUTOMOBILE LlABIUTY B X ;'NY.IL. T~ 21 UENK07686 02/15j11 02/15/12 ,,- 1.000,000! . Cccc ;:)'i.NEC ,-\i.;T~:S SO'-ifC";i;=;; ~,' X 'oIREC! "u,CjS X '-iCJN..:).VNF,"':. ;;J~C:-;S X UM8RELA LiA8 EXCESS LiAB X 5,OOQ,OOOj 5,00Q,QOci , A ~ ':~ \.\:,[' ,- 21XHUK09175 02/15/11 02.115/12 C[["ijC,:i:U;: X C:E7::"IP,:'N 10.000 WORKERS COMPENSATION ,'NO EMPLOYERS' LiABILITY C .~."IY '~''<CF'''I['':;,~'''~'''-'',E'''E! !H",'~E~ ::-'::-. _~ -- IM'mdalorym NH) x -~ N .f. 21WEN08779 " ,'-,Ii- L~ o Equipment Floater E Hull & P&I ~------ MX193oif7"36 - OMH7645S9S:J ---------0211511-1 02/15111 02!151-'-2~n~i' E 02/15112 P&: 1000,00q 1000,0001 1000.ood - 250.00c1 _",.__..__'OOO,OD~ 02/15111 02115/12 ('ie~, ;BSC,C-;; ,-,,",;.,.' CE~;CRivr'ON C. ../h:"', ''-is;', DESCRIPT'ON OF OPERAT10NS, :,CCATIONS VEHICLES \AIl~cI1 ACOI1C 101 ~'J,1;li[]n~i RemM"s S(""-dl1i,,. Jr more spKe JS re'lwrnm RE: Contract #1 0.5572 "Wiggins Pass Permitting, Modeling & Inlet Management Plan" Collier County and Collier County Board of Cout)ty Commi!?sioners are additional insureds with respect to General Llablh If reqLllred by wntten contract. Cancellation clause er form JL 00 17 11 8 attached, CERTIFlCATE HOLDER ___ CANCELLATION COLLIER Collier County Administration Services Division Purchasing 3327 Tamiami Trail East Naples, FL 34112-4901 Si-'OUl.D ANY Of THE ABOVE DESCRIBED POliCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE Will BE ':JELlVERED iN ACCORDANCE WITH THE POLlCY PROV1SfONS ACORD 25 (2009109) j ...lilHORIZED REPRESENTATiVE i -:M u:,j .,2.~'J-/ @ 1988-2009 ACORD CORPORA TlON. All rights reserved. The ACORD name and loqa are feQistered marks of ACORD Named Insured: Policy No.: Coastal Planning & Engineering, Inc 2lUENK07686 z 10 D COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a, 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3, We will mail or deliver our notice to the first Named Insured's last mailing address known to us, 4. Notice of cancellation will state the effective date of cancellation. Th e policy period will end on that date. 5, If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata, The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy, C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections, We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards, 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators, IL00171198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured, 10 D If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Our President and Secretary have signed this policy. Where required by law, the Declarations page has also been countersigned by our duly authorized representative. !)JfeJ~ / ~, President Donald C. Hunt, Secretary Page 2 of 2 ILOO 171198 CoIotty Contract #: 10-5Sn Project #: 121 Contract Change Request Mod#: 1 Original ContractlWork Order Amount Current BCC Approved Amount Current ContracllWork Order Amount Dollar Amount of this Change Revised New ContractlWork Order Total Cumulative Cha es 100 ~ ~f ( ~\~ ~~ "'R Purchasing Deparlnll Change Modification FOI o Work Order Modification POlWork Order #: NJA Depertment: Coastal Zone Man ement " $ $ $ $ 177,_,00, 171,48&.00 171.4eO!Oil $0.00 177,489.00 0- .' IIWt1.: 100 Original BCC Approval Date; Agenda Item # Last BCC Approval Date; Agenda Item # 0.00%1 Change from Current BCC Approved Amount 0.00% Completion Dele, DeecrIptlon of the Task(s) Change, and ~Ionale for the Chanve 1 Original notice to proceed date: i NJA I Number of days added (if I extension, must attach current insurance certificate(s) from SAP or obtain from vendor: Add new task(s) Last approved date: NJA Revised date (includes this change): N/A Explain why additional days are needed (detailed/specific): NJA Change task(s) I 0 Delete task(s) I Other (specify): ! , 1. Provide a detailed and specific explanation of the requested change(s) to the task(s): The Agreement inadvertently had a $5,000,000 Professional Liability limit, Risk Mgmt has approved the revised $2,000,000 Professional Liability Limit 2. Provide detailed rationaie for the requested change: Consultant carries $2 million in Professional Liability and requested decrease as additional $3 million in Professional Liability would cost Consultant $12,000 per year. 3. Provide explanation why change wu not anticipated in original scope of work: This change is to the Consultant's professional liability insurance requirement and does not change the scope of work. 4. Describe the Impect if this change is not processed: Insurance Limits for Professional Liability and associated remium cost would exceed the Risk Ex sure for this ro'ect. 1. Planned I Elective 4. Correction of error s Type of Chanve I Modification 2. Unforeseen conditions/circumstance 5. Value added 3. Quanti or rice ad'ustment 6, Schedule ad'ustment Change Requested By Usin De artment Other s c' Ves No Approved by (Name and Title): ^ Date: Date: Revised: 1/1212011 1 10 D EXHmlT A-I Contract Amendment #1 "1&-5572 - Wigins hg Channel Stralghtenlng- Design and Permitting" This amendment, dated , J..... 'i -7 , 20 II to the referenced agreement shall be by and between the parties to the original greement. Coastal Planning & Engineering, Inc. (to be referred to as "Consultant") and Collier County, Florida. (to be referred to as "Owner"). Statement of Understanding RE: Contract # 10-5572 - "Wiggins Pass Channel Straightening - Design and Permitting" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as follows: Change Professional Liability Insurance Limits from $5,000.000 to $2,000,000 as indicated below: (I) Professional Liability Insurance sball be maintained by the CONSULT ANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 eacb claim and in the aggregate _ $1,000,000 each claim and in the aggregate -"_ $2,000,000 each claim and in the aggregate _ _ $5,000,000 each claim and in the aggregate Words that have been deleted are erasses eat, words underlined have been added. 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G) m Z C ):. ~ m 3: ~ r- m ~ ,\, "", " C') "" o """. , '" J "'- ~ '('1; \(~ a " . tD ) 3: tD tD !:!. :I u:l ;J 'a tD - 3: m m ;:I Z G) C ~ m ~ u:l c Dr ""I en 'a tD n iii' - :e o ""I ~ en ::T o 'a m c Q. u:l tD .... ~ -a r- m )> en m -a ;:a '\..~ .... ,~ "'2 ~~ In r- m )> ;:a !( ~ )> \Q tD :J Q. m .... ,... tD 3 *I: -' o ~Mimi S, Wolok, PA [WlAlIomeyat Law laD mwolok@earthlink.net ,A,genda Item # 10D Meeting Date . ~ Presented by: 'J) 0 (j G FE ~ Offices at: 14 June 2011 124~ Frank Whiteman Blvd. I Naples, FL 341 03 I Phone 239/403-9992 Ffcsimile 239/403-6733 i I PO. Box 594 stelnhatchee, FL 32359 Phone 352/496-5660 F csimile 239/403-8733 i I I Admitted to Practice In Florida and New MeXICO VIA eMAIL Collier County Board of County Commissioners Re: Agenda Item IOD: Wiggins Pass Inlet Straightening Dear Honorable Commissioners: I i This law firm represents Wiggins Pass Conservancy, Inc., regarding the above-referenO,ed 4genda Item coming up for a vote on Wednesday, June 15, 2011. We apologize for this late letter, put the item was placed on the agenda just Thursday. i i The are~ to, be dredged is c.onsidered "land~' according to the County'~ zoning map ~, T J~erlay boundanes, as the boundarIes between agncultural ST and conservatIon ST are drawn I m the waterway itself. Furthermore, the project clearly falls within the definition of a "detelo ment" pursuant to LDC 4.02.14. Therefore, both the Plannin Commission and Environment I A viso Committee must review an ro osed roO ect to strai hten the "S" curve in the Wi in' P inlet. LDC 4.02.14 E and F .2. One purpose of the ST overlay district is to ensure that the BCC makes decisions about deve,lopments that are acceptable in the district "after public hearing.", [E~haSiS added.] Furthermore, the northwestern-most parcel, managed by Barefoot Beach State Pres rve, is zoned "Conservation" with an ST overlay. All development proposals within the Conse ation District must undergo "rigorous review" to ensure that the impacts of the development do not estroy or unacceptably degrade the inherent conservation values of the parcel. ! i Wiggins Pass Conservancy opposes approval of a contract authorizing CP & E to continue thel design and permitting process, for several reasons, summarized below: i I I First, the permitting phase of this project is unlawfully premature. Thusfar, the County has su mitted a permit application to FDEP prior to a) conducting a full environmental and financial evalu tion of the costs and benefits of the project, b) presenting preliminary and final results of the evalu tion to the public, and c) giving the public an opportunity to comment, as required by the Towth Management Plan (especially Goal 10 and Objectives and Policies 10.3 and 10.5 ofthe cons ation and Coastal Management Element), the Land Development Code 4.01.14 and E1S LDC'lO. 2.01A, 1 D state and federal laws. Even more egregious, the County has solicited a prelimin~ fa orable response from the State for a conceptual plan behind closed doors without so much as ~ so id plan that has been analyzed or presented to the public. It would be a mistake to rely on that ~os recent response, which on its face violates several of FOEP's own mandates. The State h~s a roved nothing, and it cannot approve any proposed plan until it undergoes its own mandated re~iew rocess in consultation with other state and federal agencies. . Going forward with the action recommended by staff violates local, state and federal l~w. he US Supreme Court has concluded that the process of completing an environmental impact ~tate ent is designed to ensure that agency decision-making on issues of financial and entiro mental significance is informed, that the agency has not already committed funds or r~sou ces to implementing a project prior to a full evaluation of its potential impacts, and that the p~bIi has an opportunity to comment on the proposed project early in the decision-making process. ~obe tson v. Methow Valley Citizens Council, 490 US 332, 349 (1989). Already, the County is atkem ting to bypass this process. It has committed funds, sought permit approval from FDEP and! is a out to spend significantly more money, all without reviewing any proposal, being able to ~val ate the adverse unavoidable impacts, cumulative and long-term impacts, a cost-benefit analysis,ialte atives to the action to be proposed or bringing a proposal before the public. Second, it is immediately apparent that straightening and deepening the inlet as crnc tuaIly envisioned violates various laws. Depositing dredged materials along the Barefoot Bea~h s reline would "alter" mangrove trees in violation of LOC 4.02.14. The dredging itself as !well as the potential increase in turbidity conjures up Endangered Species Act violations, as seagdss b ds and manatees inhabit the immediate area of impact. We know conclusively that seagr$s b ds are negatively affected by increased turbidity. The potential erosive impacts to the se~gras beds, mangroves and shorelines have not been evaluated whatsoever. Apparently, the US Arrby rps of Engineers has yet to be consulted regarding dredging, filling, destruction of aquatic ve$etat on and impacts to endangered species. Third, the Inlet Management Plan mentions nothing about dredging and straightening tjhe iggins Pass Inlet. It would be foolish to commit further funds to a project before the Inlet Mana$em nt Plan amendment process is completed (let alone started). Gary McAlpin estimated that this ptoce salone will cost another $ 250,000.00 (see letter dated February 17, 2010, attached). The Stat~ has said in writing that it will not approve the straightening project until the amendment process ~s co plete. Yet the County is moving forward aggressively, assuming it is a bygone conclusion t~at t e Inlet Management Plan will be amended. Why has this project even been submitted for pe$itti g with FDEP when the project design has yetto be started? When the short- and long-term imp~cts ve not been assessed? When the Inlet Management Plan does not allow the County to move torw d? Fourth, an important deed restriction on the property immediately to the South of the 'lS" Delnor Wiggins State Park must be evaluated prior to commitment of funds to proce~d 'th this project. A copy of the deed restriction is attached as it is found in the 2007 lease agreem~nt ( -2- 1 parts are attached) between the Florida Division of Parks and Recreation and the Trus~ees f the Internal Improvement Trust Fund. A full and public evaluation must include an asses~me t of the likelihood that the project would cause long-term erosion to this property in violation of t e deed restriction. Concluding that the dredging itself would not cause erosion to the shoreIirte is yopic and conflicts with the GMP and LDC provisions cited above. The FDEP's Request fot Ad itional Information dated March 24,2010, voices this concern. The State cannot conclude that tIte re triction would not be violated when it has not even seen an analysis of potential long-term erpsio to the shoreline. In sum, why is the County about to spend hundreds of thousands of dollars before it ha~ det nnined that the project is feasible and before the Planning Commission and EAC have det~i ed it is consistent with the Growth Management Plan and Land Development Code? My client ~rop ses that this project be fully evaluated in public view and subject to public comment prior to Ico itting funds to move forward with permitting. While the Wiggins Pass Conservancy does not op ose the design phase of the project as one aspect of this full evaluation, it does oppose cOI-rlmit ent of additional funds to continue the permitting process at this time. Sincerely,../ L.. .. ~L----' C./.. ,. '. .."'., -..~:.:---- " ". Mimi S. Wolok ( -3- -"-~.- ._.~_. - .-.- lIon Co~w County. .....---... -- - - -- Public Eervices Division Coastal2:one Management CAC Mar~ 11. 010 VII.5-a N,w Bu 'ness 2 of 35 ; February 17,2010 Mr. Paden Woodruff Environmental Administrator Bureau of Beaches and Coastal Systems Mail Station 300 3900 Commonwealth Blvd, Tallahassee, FL 32399-3000 (0coP~ Re: Wiggins Pass, Collier County, Flurida Inlet Management Planning Dear Mr. Paden Woodruff This is a request for funding support Jor the preparation and implementation of an let management plan for Wiggins Pass. As part of securing a new la-year maim:nance dredging permit for the pass, the Coupty as undertaken numerical modeling to improv ~ the pass's performance. During the modeli~ an a complementary coastal process analysis, it was discover that the severe erosion on ~arefi ot Beach was caused by the natural nonhwm d migration of the flood channel and an imbalance in sand bypassing of the inlet. A plan was de vel oped to improve navigation in the inlet an~ red ce impact to the adjacent beaches. This plan was developed by a committee with a broad ~ou ty representation, to include representatives from the State Park system. During the pro!cess of qeveloping the engineering plan and pennit application, a member of the BBCS staff iqfo ed the County that a new Inlet Management Plan would be required, based in part by conceIiJ,s fr m the State Park System. The engineering report (Attachment 33a) ham the permit updates many of the required t~sk er paragraph 62B-41.008(i)(m)FAC within the frame work of the 1995 Wiggins Pa~s In et Management Plan. This report provides aechnical summary of pertinent coastal processFs u to design the new maintenance dredging p an in addition to identifying the cause and ma~it e of the erosion at Bare.0ot Beach. Based on comments from BBCS staff and the Stafe P rk system, considerable ad~' nal effort is -equired to arrive at a new Inlet Management PI suitable " ing Wig ins Pass and mitigating the erosion problems. We believe that e prepptation, public c rdin ion and approval of an Inlet Management Plan will dost ad~ional $250,000. ,/,/' " "'........--.--- ~/-. (j) CollierCounlyCoastal Zone Management. W. Harmon Turner Buildmg, Suite 103' 3301 EastTamiami Trail' Naples, Florida 34112.239-252-2966 FAX 39-252-29 iO www colliergoy. lellcoastalzonemanagement 100 w; CAC M~rch 1 .2010 VII-5-a New B siness 30135 i Mr. Paden Woodruff February 17,2010 Page 2 of2 We would like to meet with you to di;;cuss this matter and the potential of fundin~ fro the State. By a separate letter to the bureau, we have requested that Barefoot Beach be d~sig ate a Critical Erosion Area, so that it can be hi :tter supported by your team. ! Thanks, ~ MC-~ Gary McAlpin, P.E., CZM Director cc Michael Barnett, PE Steve Keehn, ePE lOD Development: The carrying out of any building activity or mining operation, the maki~g of ny material change in the use or appearance of any structure or land, or the dividing of land into ~ or ore parcels. The following activities or uses: hall be taken for the purposes of this Code to involVQ "development": c. d. e. f. g. a. A reconstruction, alter. Ition of the size, or material change in the external appear nee of 8 structure on land. : b. A change in the intens ty of use at land, such as an increase in the number bf dw lIing units in a structure or (n land or a material increase in the number of busin~sses. manufacturing establis lments, offices, or dwelling units in a structure or on land. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or can~l. in any "coastal constructi m" as defined in 9 161.021, F.S. ' Commencement of dril ing, except to obtain soil samples, mining, or excava~ion 0 a parcel of land. ' Demolition of a structur e. Clearing of land as an i Idjunct of construction. Deposit of refuse. solid or liquid waste, or fill on a parcel of land. ,// / to-vtit: \\ \ \ l:xhibit "A" vii ggins Pas s No. 2514 Management Project No. 41 The follow'ing deseribE'd land, situate, lying and being in thie County of Collier, State of lP:.orida, to-wit: All that part of Sect:.on 20 and that part of Section 17 lying South of Wiggin:, Pas s in Township 48 South, Range 25 East, including a:~:. riparian rights appurtenant there- to whether by accret:L(ln or reliction, lying westerly of an agreed boundary l:Llle, as set forth in a certain agree- ~ent between Beverly :nvestment Company, Curlew Corporation and Scepter Corporat:Lon, dated July 14, 1960, recorded July 25, 1960 in J.R. Book 68 at page 235; deed between Forrest 'falker, et al to Beverly Investment Company, an :::l1inois corporation, dated March 23, 1961 and recorded April 7, 1961, in O.R Book 82, page 74; deed between John A. Pulling, et a:., to Beverly Investment Company, an Illinois corporation, dated Jun.e 6, 1961, and recorded on July 5. 1961, in J.R. Book 87, page 439; deed between Collier Developme:J.t Corporation, a Florida corporation, to Beverly Invest:llen'~ Company, an Illinois corporation, dated June 6, 1961, alld record~ci July 5, 1961, in O.R. , Book: 87 at page 395, 'Jxcept for' a 30 foot strip for road ~ right-of-way in Sect 11m 20, Township 4-8 South, Range 25 East, in Collier COUl1';y, Florida, the said right-of-way being described as fo _lows: Beginning at a point In the South line of the said Section 20, distance 2905 fee'; West of the Southeast corner there- c:'; run ,.,rest on the "Lid South line 36.23 feet; thence Ncrth at right angles a distance of 30 feet; thence East, parallel with the sail South line, a distance of 200 feet, ~ore or less, to that certain boundary line between Beverly Investment C:J~pany and Scepter Corporation accord- ing to an agreement itted July 14, 1960, and recorded July 25, 1960, in O.B._ Book 68 at pages 235 to 250, in- clusive, of the Publi~ Records of Collier County, Florida, thence Southeasterly ~long the aforesaid agreed boundary, a distance of 31 feet more or less to the South line of said Section 20; the~~e West of said South line 190 feet more or less to the P)int of Beginning. To be used as a County Road right-or-way and only as a County Road right-of-way. Contai11ng 166 acres, more or less. Tt,is conveyance is maie subject to the following restrictiorj-s, ?his conveyance is sueject to the CONDITION and RESTRIC- TIONS that a strip of land 200 feet in width running across ~ntire width of t~e above described land, from the Gulf shore East to the side Westerly of the agreed boundary line hereinabove referred to, lying immediately South of ~iggins Pass alo~g the North side of the land above described and forming part of said land, shall not, nor shall any part of saU 200 feet in width 1:e built upon . by any buildings or cbstructions whatever, nor shall sa~d strip of land 200 feet in width, or any part thereof, be Page 1 of 2 lOD No, 2514 used in any way what'="rer which shall be a nuisance to the owners or interfere '..rLth the use and enjoyment by the mmers of the land ly Lng North of Wiggins Pass, These restrictive conditio~l shall be perpetual, and at all times construed as C::llenants running with the land and shall bind the respe:;ive heirs, legal representatives and assigns of the r=>pective parties hereto. " ~ Page 2 of 2 laD Transcript relating to Wiggins Pass Agenda item Page 1 of 1 From: feegroup <feegroup@aol.com> To: georgiahiller <georgiahiller@colliergov.net>; DonnaFiala <DonnaFiala@colliergov.net>; fredcoyle <fredcoyle@colliergov.net>; jimcoletta <jimcoletta@colliergov.net>; TomHenning <TomHenning@colliergov.net> Cc: garymcalpin <garymcalpin@colliergov.net>; leoochs <Ieoochs@colliergov.net> Subject: Transcript relating to Wiggins Pass Agenda item Date: Wed, Jun 15, 2011 1 :22 am 100 Commissioners --- http://apPs.coll ierclerk.com/BM R/PDF Iqaid pe45kc3pks55uod mpOvn/20/BCC%20Minutes%2011221994 %20 R. pdf The Future is Here as it relates to Wiggins Pass, and our fears confirmed, Above, I am sending to you a direct link to the "BCC Minutes, Dated 11/22/1994" from the Clerk Of Courts Website. I realize it is 15 pages of transcript, but I encourage you to read this transcript as it will give you a tremendous insight on the concerns of the Wiggins Pass Inlet Management Plan history, and prior BCC Board. The Agenda item back in 1994, had to do with the Marina Permit being issued by DEP for Pelican Isle Yacht Club. The concern of the Board of County Commissioners back in 1994 was that if the Permit being issued from DEP allowed Pelican Isle to have 5' Draft boats at this marina, then eventually in the future these slip owners would come back to the county yelling that they can't get their boats out. This Agenda item (or transcript) clearly shows that the Developer on the record agreed to a "Legal Slip Agreement" which would be a DEP condition to issuing the Permit. I have a copy of the exact slip agreement that was approved to be used. With tomorrow's Wiggins Pass Agenda item, I expect that many of the speakers in support the new construction plans, will state that they are residents of Pelican Isle or a Slip Owner of Pelican Isle. The question that needs to be asked of each of these speakers is whether they were made aware of the 3' Draft limitation in the approved Wiggins Pas Inlet Management Plan, and whether they were made to sign the "Annual Slip Agreement" which is a requirement of the DEP Permit. I suspect none have. Thank You Doug Fee http://mai1.ao1.com/33867-1111aol-6/en-us/mail/PrintMessage.aspx 6/15/2011 laD fines in excess of $60,000 which was from a failure by an area developer to complete the amenities required by Collier County. The efforts of the Code Enforcement Board have resulted in a removal of substantial number of violations and have provided an efficient method to assist a commission in providing a quality community in which to live and work. I'd like to add that the commission chairman, Mr. Constantine, previously served as the chairman of the Code Enforcement Board. He left us a great example to follow, If you have any questions, myself and Mr. Clark would be glad to answer them. CHAIRMAN CONSTANTINE: Questions on the service of the Code Enforcement Board? MR. DORRILL: Mr. Chairman, the commission and you specifically asked as a result of the recent presentation by the Parks and Recreation Board, the board expressed a desire and a willingness to receive periodic reports and substantial work activity of all of your advisory boards. So from time to time, we will be allowing the chairman of one of your advisory boards just to tell you what it is they're doing and what current event topics are important from their perspective and to allow you to ask questions that you may be interested in. It's otherwise an information line, CHAIRMAN CONSTANTINE: I want to compliment both the Code Enforcement Board and the Code Enforcement staff, They make it possible. They are the bite in our ordinances. Prior to this, it was awful difficult to enforce a lot of things. I think one of the glaring examples this past year, one of the great examples making something happen was the Embassy Woods situation. You had homeowners over there who had a pile of rubble out front instead of a clubhouse, and through the Code Enforcement Department and through the actions of the board, they now have a full clubhouse built and can use that, and I understand the restaurant portion of that is opening December 1, So thank you guys for a job well done. MR. ALLEN: Thank you, Commissioners. Item #10C COUNTY ATTORNEY TO DRAFT LETTER TO DEPARTMENT OF ENVIRONMENTAL PROTECTION THAT NOTICE AND LEGAL REQUIREMENTS BE REQUIRED FOR ISSUANCE OF A PERMIT AND HAT NO FURTHER REQUESTS BE MADE TO PETITION AN EXTENSION OF THE SUBMERGED LAN LEASE IN THE WIGGINS PASS BASIN AND THE COCOHATCHEE RIVER CHAIRMAN CONSTANTINE: Item 10C, resolution. This is Commissioner Matthews' item. DEP permit, Wiggins Pass. COMMISSIONER MATTHEWS: Yes. I added this to the agenda today because the permit coming from the DEP seems to be at this point imminent. I became involved in this about a week ago in the interim between the commissioner leaving for district two and the commissioner coming to district two, so I've kind of had to pick it up and run with it, but I'll fill you in on a little bit of background of what is going on. There are seawalls and slips that were permitted and built in '79 and '80. There is a current permit application before the DEP to keep the same 190 wet slips but to reconfigure them, some laD say to allow wider boats, some say to allow longer boats, I understand that the current piers, finger piers, are very short and that the permit application will allow those permit piers to be extended to a greater length, They will also allow mooring pilings near the extent of the submerged land lease which will permit the mooring of the stern of a boat. That's roughly 45 feet from the docking area. So it is totally possible now that we're looking at 45-foot boats on a regular basis. The thing that bothered me the most though about the proposed permit is the five-foot design draft for the docking area. And for the benefit of the two new county commissioners -- thank God we're old now. CHAIRMAN CONSTANTINE: We were labeled that for two years so get used to it. They'll just continue to call you that. COMMISSIONER MAC'KIE: No problem. COMMISSIONER MATTHEWS: Collier County recently adopted a manatee protection plan which has some pretty significant requirements for new marinas. The original design of this area is pretty much a dock that was designed for the private use of the condo owners in the original design, What's being proposed now is that these docks would be leased to other than the condo owners and will be eventually sold, but that's neither here nor there, The problem, in my mind, is the five-foot design draft. Our inlet management plan which we have not yet adopted -- It's coming to us in January. We've worked on it for more than five years. We have a couple hundred thousand dollars invested in it -- calls for a three-foot design draft. And I'm, frankly, concerned that we'll have a situation here in this board room in three or four years of the condo owners and the lease holders for the slips being in this board, similar to the Lely Barefoot problem today, demanding that we amend our inlet management plan for design draft of five feet which is going to be considerably more expensive than what we're talking about doing, and it is the taxpayers of Collier County who will bear that burden. CHAIRMAN CONSTANTINE: Commissioner Matthews, have you seen the permit application that's gone to DEP? COMMISSIONER MATTHEWS: No. I have not seen the permit application itself, I've talked with Mr. Kraft at the DEP on three different occasions now, and he has told me what the permit application will permit, Their thought process according to him for allowing or for issuing the permit is to get some sort of draft limitation at all, and it's my consideration that the inlet management plan will limit that draft. The very configuration of the basin and the channels in the pass itself call for a design limitation of three feet, Now, that doesn't mean a five-foot draft boat or four-foot draft boat isn't going to be able to access the pass. What it means is that on a clear day when there's no swells, that ordinarily a three-foot draft boat will be able to access the pass and the channels. Most of the time there's six feet of water anyway. And my concern is that in three or four years this board, whoever is sitting here, is going to be asked to redesign the whole thing for a design draft of five feet which is going to be very expensive. The resolution that I've put together goes through a lot of whereases, including our manatee protection plan and the Army Corp 10D of -- Army Corp of Engineers sanctioning of a three-foot draft plus or minus, in the early '80s, the impending inlet management plan, the boater safety issues that we will be required to address if we -- if we have a design draft that's greater than the inlet management plan allows, the -- the resolution says that we are opposed to any design draft greater than three feet and that -- that at the end if the Department of Environmental Protection is compelled to issue this permit, that we have a noticing of the petitioner on its heirs, assigns, and survivors, that, quote, "No grounding or other mishap of a boat which draws over three to three and a half feet will be any cause for the county to consider dredging Wiggins Pass, any of its channels, or amending its inlet management plan to allow for a design draft of greater than three feet plus or minus." In addition to that, I'm asking that as a further condition of the permit, that the ability of the petitioner, its heirs, assigns, or survivors to file a petition for an extension of their submerged land lease not be allowed to any greater extent than currently exists as of this day. CHAIRMAN CONSTANTINE: I understand your concerns, and the reason I asked the question if you'd seen the permit application is I haven't seen it either. I'm not familiar with it. Frankly, this is the first I've heard of the item. It is an add-on item, The first I've heard in any detail on the item. I'm not comfortable passing a resolution on something that I'm not educated on at all. I would prefer to be able to have more background, have some understanding, and I'm not sure I'm going to be comfortable passing a resolution, and I'm not sure that it's our place without a better education -- I know -- I'm not going to go so far as to say it's not our place to make suggestions to state agencies. Goodness knows, we certainly take that opportunity from time to time. But without knowing more about it, I'm not going to be able to support a resolution. I would, however, with the comments you have made, particularly there at the end, be willing to support a letter, not in a resolution form, but a letter asking for -- that wording be put in any documents dealing with these so that there would be some clearness to anyone buying in there. COMMISSIONER MATTHEWS: The problem, Mr. Chairman, of not having ample information on this is a result of the Sunshine We're not allowed to discuss these issues prior to the coming to board for open discussion. Other than that, I certainly would made the board fully informed of all that was going on, CHAIRMAN CONSTANTINE: That was not intended as a criticism of you by any means. COMMISSIONER MATTHEWS: I realize that. And there are many times where emergency items where we have to get a quick education and become relatively a, quote, unquote, "quick study," And I've been working with this issue also for just over ten days, and I've gotten deeply involved in it, And I'm very, very concerned that the DEP is going to issue this permit for a design draft of five feet, and that if we don't have some constraints placed on this permit, that we will have another Lely Barefoot Beach every six-month petition to do something within three years. CHAIRMAN CONSTANTINE: Commissioner Hancock. COMMISSIONER HANCOCK: This is an item that over the last six months I've dealt with and had a considerable amount of your law. this have 100 information offered to me from the Wiggins Pass Conservancy, the residents of Vanderbilt Beach, and I have always seen the inlet management plan as our greatest tool of setting the design depth based on technical information and environmental data. And I have said throughout the last few months that that plan will govern again based on those two things, the technical data and the environmental impact of what the dredging and maintenance dredging can and will do. And a lot of people worked a tremendous number of hours to get us to this point, and at that point I've been wrestling a little bit with the same question you have. And that is, if the state says you're allowed a five-foot draft and our inlet management plan says three, is the taxpayer going to lose out in a few years when a five-foot draft boat breaches in the channel. And from what I have seen -- Is there anyone here from Westinghouse Communities today? Okay. From what I've seen in the papers recently and so forth, they understand what our inlet management plan is and what it's intended to do, and we may have at that time the option to send correspondence to Westinghouse Communities advising them exactly of what we feel that relationship is, and the county should not be held responsible and will not be held responsible for marketing actions that go in the face of what the inlet management plan is. I see that as a valid concern. I'm a little concerned that we're putting the cart before the horse here because I haven't even seen the inlet management plan. This says that it says three foot, but I haven't seen the technical backup and the data to give me that information, that assurance that -- In essence, I feel like I'm adopting the plan before I've seen it, and it's a procedural concern and not one of intent. And I guess I'm -- I, likewise, and maybe for a different reason uncomfortable. I'm more than willing to make the step to the Vanderbilt Beach property owners and to Wiggins Pass that I agree with what -- the technical/environmental data that I have heard. I agree with that, but I just haven't seen it. And without being able to review it, I have a little difficulty there. COMMISSIONER MATTHEWS: I have not seen the inlet management plan either. I've seen a few pages of it pertaining to the design draft of three feet plus or minus. My concern is this. In my discussion with Mr. Kraft at the DEP, when I explained to him that the inlet management plan that was coming to us, I believe, in January calls for a design draft of three feet plus or minus, I was told quite abruptly that that's not in effect right now; and, therefore, we don't have to obey it. CHAIRMAN CONSTANTINE: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Just a question for the attorney. What is the legal effect of not -- of adopting the inlet management plan after DEP has issued a permit that allows a greater depth, and is it possible to impose some kind of notice of its impending adoption so that maybe we could avoid these the problems that Commissioner Matthews is concerned about? MR. CUYLER: I think with regard to your latter point of publishing or putting people on notice of the plan, certainly from the marketing point of view anybody that goes in and understands that document is on the way and markets to bring people in that are going to have vessels at a greater depth than the inlet management plan, 100 ~ obviously they're at their own risk, With regard to the legal significance of the document precluding marketers and developers from being able to do that, I'd want to take a look at that, but I don't believe you would be able to say the inlet management plan says three foot, you can't sell a slip that's going to allow a four foot or a five foot. COMMISSIONER MAC'KIE: So that even after we've adopted the inlet management plan, there's nothing that could -- nothing that we could do to prevent a developer from marketing a five-foot draft boat. Is that what you're saying? MR. CUYLER: After their permits have already been issued? COMMISSIONER MAC'KIE: That's my question, yes, MR. CUYLER: I think you would have a problem. I think the inlet management plan gives you the ability to enter any permitting process and say this is the plan. We don't -- and to give you a good position to argue either to a state agency or whatever, you know, this is what we have agreed on as a community, this is what we've studied, this is really the best with regard to the environment, and the other community considerations don't allow anything beyond inlet management plan once they have issued permits. And, again, I'd like to take a closer look at this, I haven't gotten into this at all. CHAIRMAN CONSTANTINE: Mr, Cuyler, realistically though we don't have the ability to limit what they market, whether it's before permits or after permits, do we? MR. CUYLER: You have the ability to get into the permit process and have conditions placed on the permit, but, no, not really with regard to marketing unless it is a condition of the permit. COMMISSIONER MAC'KIE: And would it be appropriate -- I seem to recall a lot of cases that when there is a pending zoning change that you can't rely on the existing zoning, that perhaps it would be appropriate for us to send a notice to DEP that there is, in fact, this change pending so that that is somehow incorporated into their decision. MR. CUYLER: You could certainly do that, yes. CHAIRMAN CONSTANTINE: Commissioner Norris. COMMISSIONER NORRIS: I understand what Commissioner Matthews is trying to accomplish, and I'm certainly sympathetic to reaching the same goal that she is, I'm not sure the resolution is the proper way to do it though. Mr, Cuyler, could we have some mechanism whereby we can be certain that any property owner -- or excuse me -- any prospective buyer of the property in the particular complex would be notified that the inlet management plan says whatever it's going to say as we don't have it yet. Do we have a method of notification? MR. CUYLER: There's basically two ways that you normally would accomplish that. One is to either require it through the land use approvals, and I'm not sure whether all of the land use approvals are over with regard to that area. But the second way would be you could always put it into the official records, and then as part of title examination and conditions on an area, it would at least get picked up, and there would at least be notice of it. COMMISSIONER NORRIS: By the title companies? 10L MR, CUYLER: Correct, COMMISSIONER NORRIS: Okay, And if we included in there a notice to the developer that the inlet management plan after we -- after we approved the inlet management plan that the inlet management plan says such and such, whatever it may be, three feet or whatever it may be, and we could send the developer a notice of that and put that notice in the public record. Is that what you're saying, something to that effect? MR. CUYLER: Correct. And I think that you can always put the developer on notice. I know Commissioner Matthews' concern with regard to the Lely Barefoot Beach situation where every six months you hear the same thing over and over again. But to protect yourself as best you can, yes, send it to the developer and say what we understand, your intent is inconsistent with what we've determined to be the appropriate depths. Please -- you know, please comply. But with regard to a hammer, you don't really have a hammer. COMMISSIONER NORRIS: At this point, I'm like the other board members. I don't know if the inlet management plan is going to say three feet, five feet, ten feet, or 200 feet so -- COMMISSIONER HANCOCK: I think 200 feet is fairly -- COMMISSIONER NORRIS: Probably not going to say 200, But I would rather wait and see on that, but I think we should abide by the inlet management plan, assuming that the board passes the inlet management plan, CHAIRMAN CONSTANTINE: We have three public speakers. MR. DORRILL: Yes, sir, we do. The first will be Mr, Harvey, Paul Harvey, followed by Ms. Maggio, if I could have you stand by, please. CHAIRMAN CONSTANTINE: Good morning. MR. HARVEY: Good morning, Commissioners. My name is Paul Harvey. I was on the advisory council for the inlet management plan. I'm on the board of directors of the Wiggins Pass Conservancy, I'm a fishing guide and have been for 16 years in the Wiggins Pass area, and I also run a marina business in that area. The scope of the project that you're being asked or that they're looking at now to change from the three-foot draft to a five-foot depth limit around the docks kind of -- it leaves it open to if you give them a permit that says you can have an eight-foot draft in the pass and you now give them a permit that says you can have five foot of depth at the moorings, it's kind of obvious that eventually you're going to ask to have the channel from the project to the pass be dredged to allow boats with five-foot drafts to move in and out. At this point they can't. They're constrained by nature, If they stick with the original permitting that has the docks in place -- and, by the way, this was never a marina. I think the original permitting was done to facilitate docks for condominiums. CHAIRMAN CONSTANTINE: Excuse me just a minute. Mr. Dorrill. MR, DORRILL: He's a better man than I am. COMMISSIONER HANCOCK: That's what I call response. MR. HARVEY: But it just seems like a natural progression. We've got the pass at a certain depth. Now you're going to have a certain depth at these docks. People are naturally going to believe that if they bought a big boat that draws five feet of water laD and they can keep it at Pelican Isle Yacht Club, then naturally they should be able to traverse from Pelican Isle Yacht Club through Wiggins Pass which is dredged at eight feet with no problems. There's a number of problems, Number one, the water is not deep enough. Number two, there's also a situation called the choke point which is a mangrove island that is halfway between the project and the pass. This is a very narrow area. It's about 100 feet wide, but with water depth it's about 35 feet wide. I have three 40-foot boats, and we have the largest fishing business in north Naples. Some of my boats hold 70 passengers, We designed each boat to operate in water with a draft of less than three feet because of these constraints. We go to the Wiggins Bay Club a lot and deliver people, and we run a daily sightseeing tour up through this whole area all the way as far back as Lely Barefoot Beach. But there's just no way that you're going to get -- I also run some big yachts, There's no way that you're going to get those in there without taking out oyster bars, without taking out mangroves, and it's going to become a boater's safety issue which I think the pass was also, and that's why it was dredged. If you have two boats corning in and they collide in a certain area, they're going to be going back to DEP saying, Wait a minute, This isn't wide enough. It's not deep enough, but you gave us these two other permits; therefore, we should have the permit for the middle. At that point in time, what's going to happen is, is Collier County, the residents, myself included because I live on the water there, are going to be paying more in taxes to dredge this whole system out regardless of the environmental problems it's going to create, and now we're going to have the burden of the $300,000 a year which I think comes out of TDC now for the dredging, but we're also going to have this other dredging that's going to have to take place to maintain this big channel for big boats. And on top of that, you've got a park that the county just built and completed that is kind of being hidden by their landscaping right now that looked to me like about 100-something boats and trailers of small boats probably 20 to 25 foot are going to use on a daily basis that park. The boat ramp has been full since the day it was opened. You've got Wiggins Pass Marina next door which, I believe, houses 500 boats and their barns which are all fairly small boats, and you have all the boats corning from Bonita and Vanderbilt trying to traverse this very narrow waterway with a lot of very large boats, more than 190 because there's more slips at Marina Bay Club across the way that I think they're held up in permitting right now. But as soon as this comes through, then I believe that they'll be going after their permits to dredge out their little area so they can get bigger boats in. I understand it's a matter of economics. The bigger the boat, the more money you're going to make, but this area is just too small, This is like putting Sabal Bay in Naples. This is almost the same in the sense that this is a very large project going into a very small estuarine bay situation. That's all I've got to say. Thank you. CHAIRMAN CONSTANTINE: Thank you. 100 ! MR, DORRILL: Mr, Chairman, there are a couple of additional speakers, but we'll have Ms. Nichols-Lucy following Ms. Maggio. MS, MAGGIO: For the record, Emily Maggio. I live in Little Hickory Shores, have lived there for 25 years, and I must tell you I'm a non-republic, and I assure all of you I will never stop hammering. Sorry. COMMISSIONER MAC'KIE: Took a minute but I got it. MS. MAGGIO: You got it. Okay. I'm here today in support of the resolution or at least the spirit of the resolution if it doesn't happen to end up as a resolution. Water is more than a medium in which to float a boat, and our estuaries and waterways and passes belong to everyone, They are natural resources. They do not belong exclusively to boaters or to shore-front property owners who really have no more rights to these resources than the rest of us. I was opposed to the dredging of Wiggins Pass when it was proposed because -- and I hate to say I told you so -- you dredged the pass. That leads to other dredging. It leads to more demands because people want more, more, more. You're going to end up not just dredging Wiggins Pass and to Pelican Isle or the marina. You're going to end up between my home in Little Hickory Shores and Wiggins Pass. There are some places that are 18 inches of water. You get these people in with big boats. Don't you think there are a few in my neighborhood that are going to want it too, and then what have you opened up? I looked and I tried to find the page from the growth management coastal management element of the growth management plan. I couldn't lay my hand on it, but I can almost quote it. It said in there that the boat-owning population of Collier County is 10 percent of the total population. It has been that historically. And it says in this paragraph of the growth management plan, they expect it to remain at 10 percent through the year 2010, something like that. So 10 percent of the entire county population. A percent less than that we are talking about here using Wiggins Pass to go to Pelican Isle, Island Marina, the few that are there. So what you're going to end up with is 99 44/100 percent of the taxpayers paying for something that's going to benefit two, maybe three developers and a veritable handful of people who want to put a big boat where a big boat doesn't belong. Every time you dredge the pass and if you're going to have to dredge it deeper and deeper for bigger boats, you erode the beaches. That is a given, Engineer will tell you, You dredge a pass. You erode the beach, You nourish the beach, You fill a pass. That's proximal. That's the way it works. Every time you dredge the pass, more of the beach falls in. The pass gets wider and wider. The velocity of the water is slowed down, and it is a self-perpetuating project. It just -- It's never ending. So we've got $15 million now in beach renourishment we don't know how we're going to pay for. Will someone please tell me what is the justification for adding to that, for destroying public property? These resources, the estuaries, the waterways are public property, What is the overwhelming need to do that? And I ask you to please consider doing something with the draft limit because this is only the tip of the iceberg. More will follow. Thank you very much. IOD CHAIRMAN CONSTANTINE: Thank you. MR. DORRILL: Ms. Nichols-Lucy, and following her is Mr. Stallings. MS. NICHOLS-LUCY: Good morning. My name is Susan Nichols-Lucy, and I'm speaking on behalf of the Conservancy, and I'd like to urge you to consider this resolution. Our primary concern at the Conservancy is the potential for dredging which may result as a result of this permit. We understand very clearly that the request for the permit by Eco Group does not directly request dredging of the Wiggins Pass inlet; however, we're very concerned that in sometime in the future boaters may demand Collier County a dredging schedule which includes a deeper control depth in order to accommodate the larger boats in and around Conklin Point, These requests could be based upon public safety concerns. Since there's a potential for these boaters to claim ignorance of any navigational problems in the inlet or near the choke point, we suggest in some manner that Eco Group be required to make notification of the three-foot navigation control depth in any sales, leases, or covenants regarding the operation of boat slips at that marina. We would very much prefer to see slip depths restricted to the three-feet depths as stipulated in the original DEP intent to issue. This would ensure that the three-foot control depth as recommended in the Wiggins Pass inlet management plan as recommended by the Corp of Engineers and as proposed by the Wiggins Pass OFW nomination be maintained. We encourage the Board of County Commissioners to support and adhere to the recommended three-foot control depth in the Wiggins Pass area in the interest of maintaining ecological balance, hydrological balance, and for the benefit of the current residents of the region. Thank you. CHAIRMAN CONSTANTINE: Thank you. MR. DORRILL: Mr. Stallings and then Mr. Weber. MR. STALLINGS: My name is Stallings, Florida Wildlife Federation. As we all know, a net ban or I should say a partial net ban was just approved in the form of a constitutional amendment as approved by a large overwhelming majority of voters. The reason for it is that we are seeing a very, very serious decline in our marine resources, The estuaries and bays which were formerly full of fish aren't anymore. We've had some real serious problems there, and I think that was a very public recognition of it and a public recognition of government's failure to do something about it. The reason we're so concerned with the situation here is that we want to see the productivity maintained in this place. We have a tremendously large number of recreational boaters, commercial fishermen, and others who depend upon these fish and these marine creatures. To allow the permitting of a marina that will lead to dredging at public expense that will at the same time trash the estuary, greatly reduce its marine productivity is something that we just don't feel should happen. We would very strongly urge you to stick with the three-foot draft limitation which is recommended in the forthcoming inlet management plan and to convey your ideas to . t . 100 Tallahassee. Now, Commissioner Constantine, you expressed some concern about the lack of knowledge as to the permitting process and where it stands and so forth, and I understand and appreciate your concern. And along those lines, I called FDEP, asked them to send a representative. Their representative is here today, and at the pleasure of the board, if you would so choose, I think she could address any questions you might have about the status of the permit, what is and is not allowed and whatever. Ilene Barnett is here if you should choose to hear her, Thank you, MR. DORRILL: Mr, Weber will be your final speaker, Mr. Chairman. MR. WEBER: Thank you. Bryan Weber with Eco Group, general partner of the development of Pelican Isle, There are many issues involved as you've all pointed out, and I commend you all to try to understand them better. We'd be happy to meet with any of the new and existing commissioners and/or the public at large to step you through what truly are our plans, The important thing to state today is we have 190 slips now. We're trying to reconfigure our slips into a new arrangement. This reconfiguration is based on the existing system and the dredging of the pass that's currently approved and permitted and going forward, The new inlet management plan as I attended a hearing -- I guess it was last Monday -- the design draft parameters of the new dredging of the pass are equal and consistent with what's in place now, and that's what our reconfiguration is based on. So there's no new surprises and no changes that even the state has considered in the process. Our current permit as planned includes the notification, or as we've discussed with the state, includes the notification you've all discussed being attached to each lease and/or ultimate sale of the slip in the records for public scrutiny that says I Joe Smith or Jane Smith is renting a boat here recognize and acknowledge the configuration and the dredge parameters of the system and of the pass, and makes that perfectly clear so that your fear is -- if your fear is something like whatever Lely Beach has evolved into five years from now, Joe or Jane Smith comes in front of you and says this pass doesn't work, there's a piece of paper everybody can pullout that says you were notified of the system, you're notified about the county's intent of how we're dredging the system and how it's maintained and please go away. And I think we've worked carefully with the state on that notification and even had some discussions with some county people where I think that could work to protect you from that happening and making sure that everybody clearly on the public record is notified of that, and I'll state it one more time again here on the public record, that that condition is a condition of our permit. We've agreed to that. We've agreed to attach all those conditions and notifications to the leases. It's not a question. It's not in dispute from the development side of the party. COMMISSIONER MAC'KIE: Could you restate the condition? I just want to be sure I have it clearly. MR. WEBER: Well, basically we attach the design dredge parameters and criteria called for under the existing plan and I guess laD ultimately under the revised inlet management plan for Wiggins Pass itself. COMMISSIONER MAC'KIE: So each person who buys or rents a slip will sign something saying I acknowledge that Collier County has an inlet management plan and that its depths are -- MR. WEBER: It's dredged to a three -- it's dredged to a three-foot design draft. COMMISSIONER HANCOCK: So there is the numerical three-foot in that? MR. WEBER: In the existing permit and in the reconfigured inlet management plan. So nothing's changing there, and our reconfiguration is based on that very existing parameter. COMMISSIONER MAC'KIE: Is that something you would have presented and put into the record for today, that -- MR. WEBER: I don't have it today in the record. You know, we've bantered about language, but, I mean, if you want to draft the language and send it to us, we'll certainly consider it. I mean, if you want to draft something that you think is appropriate to protect you from that instance or a document you think keeps Joe or Jane Smith from appearing in front of you and objecting to something that he's already acknowledged, that would be fine. CHAIRMAN CONSTANTINE: And you have agreed to that with a state agency as well? MR. WEBER: All of our discussions with the state going on. CHAIRMAN CONSTANTINE: This is not the first time you've addressed that? MR. WEBER: That's correct. COMMISSIONER MATTHEWS: I just wanted to comment on that. When I talked with Mr. Kraft about the noticing to occur, as early as Thursday, just past Thursday, the comment that he gave me was that, yes, we have talked about noticing, but we have not discussed nor agreed upon the method that that noticing is going to take, And I explained to him that I would prefer to see the noticing and all the legal documents, leases, deeds, and so forth so that the purchasers or lessors would not be able to come to the BCC at some future date. He said that was a good idea but it had not been agreed upon and that is MR. WEBER: It's agreed upon -- It's agreed upon now. COMMISSIONER MATTHEWS: As of yesterday morning at 11 o'clock when I talked with Mr. Kraft, it had still not been agreed upon. MR. WEBER: Well, that's probably because we haven't heard from Mr. Kraft in four or five days either so I couldn't tell you what he's thinking right now. But I'm telling you we'll -- whatever the document you think is that needs to be in place that says what we've -- you know, that talks about the dredge parameters of Wiggins Pass, we will incorporate that. CHAIRMAN CONSTANTINE: You've just indicated that as Commissioner Matthews said her idea -- and I think it's probably a good one -- that it would appear on -- even if we have multiple documents, it may appear on those. You said you were willing to agree to that as well? MR. WEBER: Right. And it all goes back to the lOD reconfiguration of the slips that we've got based on that very design parameter and the system as it exists now, There's nothing hidden or new that we're trying to do at all, except sit down, CHAIRMAN CONSTANTINE: Cut you right off, COMMISSIONER NORRIS: That's the lie detector, CHAIRMAN CONSTANTINE: Mr. Harvey made some comments, I don't necessarily agree with the premise of his comments anyway; however, assuming that the scenario plays out as you've laid it, because someone asks for something, because -- and if the scenario plays out as you've outlined, that people will come back and ask us to dredge to five feet or to dredge again and again, because they ask doesn't mean it will happen, and the example Commissioner Matthews has used is Lely Barefoot Beach. And while that has been an irritant I think to the board that it returns, the bottom line is the end result is we still kept that open to the public and, as a matter of fact, we've -- are in the process of making it more open to the public than it has been for the past several years. So people can come back and ask, but that doesn't mean what they ask for will be the result, and Lely Barefoot Beach is the best example of that. A couple of the people commented as far as all of us will be paying for that dredge, Again, I don't buy into the premises that we'll necessarily end up in that scenario. I don't know whom -- whomever the board is at that time would agree to dredging anymore, But assuming again -- I'm taking two leaps beyond what I think will happen. But assuming again that that happens, that's not general fund paying for that. The tourist tax pays for beach and pass maintenance. So that would be -- If that happened -- and, again, I don't believe it would -- the tourist tax. What bothers me the most about the request for this resolution is I keep hearing phrases that say potential that may result or concerned the boaters may request or request could be based. Everything is hypothetical. Everything is projected. There is nothing there factual that will definitely happen, And, as I say, they can make a request. Anyone is welcome to make a request. If this was not granted, they can still come back and make that request, but I think you've got to give credit to whatever the makeup of the Board of Commissioners is when that time comes, and I have faith that if that time comes, that the board at that time will make every good as a decision as I think we did with Lely Barefoot Beach. COMMISSIONER MATTHEWS: We have an entirely different situation now, and it's called boater safety, and I don't think that there's going to be any commission that's going to in the future deny a deeper or wider dredging when they have boats going aground and possibility of people being injured, and I admit that's only a possibility, but it's very real. And in addition to that, the flotilla that's at the Cocohatchee River Park right now already is helping marooned boaters in a three-foot design. MR. WEBER: There are boaters of all shapes and sizes, and a lot of them aren't familiar with the system, and they can get stuck in the system. COMMISSIONER MATTHEWS: Exactly. The fact that we have a three-foot design draft does not prohibit a person with a five-foot draft or a six-foot draft from using that pass or from using the channels or the basin. The fact of the matter is that if he goes into laD that pass knowing it's a three-foot design draft, if he's got a five-foot draft, he better be cautious, And I'm concerned about the DEP issuing a permit that has a design draft at the dock of five feet and the expectations of people who don't know the Wiggins Pass basin system bringing a boat in that's got a five-foot draft and not knowing that they're going to have to be very careful. MR. WEBER: Two more clarifications for the record And, again, it's a complicated issue I know and there's lots of issues to be studied and I'm sure we'll all study them, The first is this keeps getting referred to as a five-foot plan. In our 190 slips, there are 20 slips that are up four-and-a-half to five-foot category, That's to accommodate predominantly sailboaters that we've had on the island for awhile, So to call it a five-foot plan I think is fairly unfair. There are 75 percent of them are slips less than four feet of draft. So it isn't even a two-foot difference. It's a one-foot difference from the plan, You needed to understand that. But -- The second point tied to that, and now I forgot it because I got all -- I got all caught up in my five-foot plan. But, in essence, as a matter of fact -- And, again, it's out in public because it's been discussed with us, If that's -- If five foot scares everybody, we're willing to move off that and have told the state we'd move off that, and whatever permit they issue, it was to accommodate some sailboats. If that doesn't appeal to anybody which sometimes seem to be more environmentally friendly, we won't use them. We won't want them, The second point I was going to make is this new permit that's issued is the first permit in our immediate area west of Vanderbilt Drive of all those marinas in the system that does start imposing draft restrictions. The state recognizes that as a very important precedent for this area to get at what's the constraints of the system, and I think they'll be the first to tell you this sets a precedent for anybody else that now appears in front of them. And you can bet, like everybody else in this room, we'll be watching the next whatever permits come down the line to make sure that that same precedent is being established because we've agreed to it. CHAIRMAN CONSTANTINE: Commissioner Hancock. COMMISSIONER HANCOCK: One thing after spending eight years in the coast guard reserve and pulling people out of Wiggins Pass, out of other areas in Fort Myers, we can put a neon sign out there that says, "If you have more than three feet, don't come in here," and we're still going to have people run aground. COMMISSIONER MATTHEWS: They're still going to come in. COMMISSIONER HANCOCK: The truth is, the knowledgeable skipper is not going to run aground on that pass, and I don't know that we can keep that from ever happening. Someone who lives in Vanderbilt Beach can go buy a boat with a four-and-a-half-foot draft and dock it behind their house today. We have a lot of residents back there. There's nothing prohibiting them from doing that. COMMISSIONER MATTHEWS: I realize that. MR. WEBER: And they do at our facility now as they do at the facilities next to us, and we're trying to protect that right but in a way that makes sense for everybody in the system. IOD COMMISSIONER HANCOCK: I see the inlet management plan being the controlling, and the fact that we have the opportunity with this particular development to tag something on to each deed or each rental or each lease that says you have to sign this thing you understand the inlet management plan is an opportunity we didn't have with the pre-existing development. I think it's a step in the right direction for safety for that particular development. CHAIRMAN CONSTANTINE: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Just a bit of an observation. I know this job was supposed to be hard, but it's impossible to make decisions without more information than I have today. I feel like I'm being asked to judge something that should be a scientific decision and I have no science. So all I can see myself supporting as I come down to it is this business of notification about the inlet management plan. It's out there, Let's get some notification. Let's take them up on their offer that we'll incorporate it into documents, and our county attorney will work with your attorney to come up with some language that's acceptable. COMMISSIONER NORRIS: If that's a motion, I'll second it. COMMISSIONER MAC'KIE: CHAIRMAN CONSTANTINE: and that motion -- COMMISSIONER MATTHEWS: On the motion, what kind of notice are we talking about? COMMISSIONER MAC'KIE: I think notice in all of the legal documents. Please tell me what you think would be appropriate, COMMISSIONER MATTHEWS: I'd like to send either a resolution or a strong letter to the DEP requiring as a condition of the permit that this noticing be done. COMMISSIONER MAC'KIE: That notice in the legal documents -- MR. WEBER: Yeah. COMMISSIONER MATTHEWS: Uh-huh. COMMISSIONER MAC'KIE: I could accept that. MR. WEBER: We've agreed to that with the state already. COMMISSIONER MATTHEWS: Well, that's fine. That's fine. I just want to make sure the DEP knows that we want it as a condition of the permit. CHAIRMAN CONSTANTINE: putting that in letter form COMMISSIONER MATTHEWS: That's a motion. We've got a motion and a second it, Do you have any objection to for clarity sake? Whatever way the DEP will accept CHAIRMAN CONSTANTINE: Do you want to amend your motion MR. WEBER: There were the resolution that -- CHAIRMAN CONSTANTINE: MR. WEBER: Yeah, CHAIRMAN CONSTANTINE: to that? COMMISSIONER MAC'KIE: CHAIRMAN CONSTANTINE: two stipulations at the end of Hang on just a minute, please. Do you want to amend your motion To include the letter to DEP. Second will amend? IOD COMMISSIONER NORRIS: Second will amend. COMMISSIONER MATTHEWS: I have one more, one more, one more because it's also a part of the resolution, and I understand Eco Group is willing to accept this, that they also not make any further requests to petition an extension of the submerged land lease MR. WEBER: That's correct. COMMISSIONER MATTHEWS: Which would allow longer boats than currently allowed. MR. WEBER: Correct. COMMISSIONER MATTHEWS: And if we could ask the DEP to make that a condition of the permit as well. CHAIRMAN CONSTANTINE: Just for the record, Mr. Weber, you will agree to -- you'll agree to each of those? MR. WEBER: Yes. Those are the as were -- as you worded them in the resolution I read just quickly? COMMISSIONER MATTHEWS: Uh-huh. MR. WEBER: It's those two at the end? That's fine. COMMISSIONER MATTHEWS: Yeah. CHAIRMAN CONSTANTINE: The motion then is, Mr. Cuyler, you'll draft a letter, and perhaps you'll work with Mr, Weber to make sure it's clear to him as well. But he'll draft a letter for my signature to go out to the DEP as quickly as we can. MR. CUYLER: Yes, sir. And I'll put in there that the developer has agreed to those items as well. MR. WEBER: That's correct. CHAIRMAN CONSTANTINE: All those in favor of the motion state aye. Anyone opposed? Motion carries 5-0, 1~ 100 t ..., ..., Q eu ~ eu ~ a:: en r1 en " (/)z " ~s II( :J 1-::) :J W m (/)0 m (/)0 % ~u \' ~u C) e. COll. a: ,J e. COll. a:: z 0 coo loot '", 0 ceo .... 00 go .... w .c .c II( (I) -' 0:: ' ~ ~' (I) m JI:: ...J<(I- ~ "~ JI:: -,0::.....= ::c l- I. -'oZ I. -'<(z U 0 \.~ <(cow ~ <(ow w u ~ I-CO~ w ~w~ % '~ (j :c .., ,\- :c:ca::: t- '.- <(~o:: ?- m > ',~ FI-<( :;:) - r ~ 1-1-<( ~ U) ra (/)(9fu .oJ (/)(.90- 'u \ ~ wzo Z wzw Z w eu "-. O::I-t 0 0::1-t0 0 % e. 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