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Item M2BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 f T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2 t� ) ��` �� �' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting November 22, 2016 Agenda Item Number: M2 Agenda Item Summary #2253 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805 No AGENDA ITEM WORDING: Selection of a firm to provide a Detailed Feasibility Study for a Mooring Field at Boca Chica Basin, and approval to negotiate a contract. ITEM BACKGROUND: In 2013 the Marine Resources Office contracted with Coastal Systems International (CSI) to provide a Monroe County Mooring Field Feasibility Study (Study) to evaluate the potential for managed mooring fields at three historically used anchorages in the Keys including Jewfish Creek, Buttonwood Sound and Boca Chica Basin. At the March 19, 2014 Board of County Commissioners (BOCC) meeting CSI presented the findings of the draft Study and recommended mooring field development at Buttonwood Sound. CSI also discussed the high priority for vessel management at Boca Chica Basin, but described the shallow nature of the anchorage and presence of resources which are likely to present permitting challenges for mooring field development. The Study recommended detailed bathymetric and benthic studies be performed at the Boca Chica Basin site in order to further determine the potential for mooring field permitting. Based on the Study findings and recommendations, the BOCC directed staff to pursue a mooring field at Buttonwood Sound. The final Study was completed in April, 2014. At the August 20, 2014, BOCC meeting, staff provided a report to the BOCC on the status of the Buttonwood Sound mooring field project, noting strong objections by the public and the Key Largo Federation of Homeowner Associations. Based on overwhelming opposition to the project, the BOCC decided to no longer pursue a mooring field at the Buttonwood Sound site and directed staff to continue to look into the potential for a mooring field at Boca Chica Basin. Marine Resources staff has performed several site visits at Boca Chica Basin in the past year, monitoring vessel numbers and boating impacts. Staff has also continued to evaluate the site for potential mooring field development; focusing on water depths, benthic coverage, vessel ingress /egress, as well as suitable dinghy routes to Gulf Seafood (which is under consideration by the County as a potential shoreside facility to a mooring field) and possible locations for dinghy dockage at that facility. Other shoreside facility locations may also be considered. In August 2016, staff drafted a Scope of Work for a Detailed Feasibility Study for a Mooring Field at Boca Chica Basin (Attachment 1) with the primary objectives of providing detailed benthic and bathymetric surveys, and solicited several consulting firms for proposals and pricing. Two proposals were received including Atkins at $46,309 (Attachment 2) and CSI at $46,400 (Attachment 3). Staff has reviewed the proposals and determined that the CSI proposal provides greater detail, and provides for additional tasks to be performed including mapping debris piles for possible restoration areas and a biological survey in the potential dinghy dockage area. Due to the greater detail provided and additional tasks proposed in the CSI proposal, as well as the company's strong familiarity and experience with the Boca Chica site, staff is recommending CSI to conduct the Detailed Feasibility Study. Staff is requesting the BOCC to waive Purchasing Policy to select the higher priced firm (i.e. $91 higher) and provide direction to negotiate. Staff does not anticipate negotiating to involve pricing, but rather to have the proposal provide a signatory page, a timeline for tasks, and several minor revisions for clarification purposes. PREVIOUS RELEVANT BOCC ACTION: March 2014- Direction to pursue a mooring field at Buttonwood Sound August 2014- Direction to no longer pursue a mooring field at Buttonwood Sound, and continue to look into the potential for a mooring field at Boca Chica Basin CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Selection of CSI and direction to negotiate DOCUMENTATION: Attachment 1- Scope of Work for Detailed Feasibility Study for Boca Chica Basin Attachment 2- Atkins Proposal at $46,309 Attachment 3- CSI Proposal at $46,400 FINANCIAL IMPACT: Effective Date: upon signature of County Administrator Expiration Date: n/a Total Dollar Value of Contract: $46,400 (anticipated) Total Cost to County: $46,400 (anticipated) Current Year Portion: $46,400 (anticipated) Budgeted: Yes Source of Funds: Fund 157, Cost Center 62520, Acct 560630 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: No County Match: N/A Insurance Required: Yes Additional Details: funding is dedicated in 560630 for feasibility study 11/22/16 157 -62520 - BOATING IMPROVEMENT For surveys and planning $46,400.00 REVIEWED BY: Mayte Santamaria Completed Assistant County Administrator Christine Hurley 11/02/2016 4:02 PM Peter Morris Completed Jaclyn Carnago Skipped Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 10/25/2016 12:43 PM Completed 11/03/2016 5:22 PM 11/03/2016 5:31 PM 11/04/2016 8:01 AM 11/04/2016 8:27 AM 11/04/2016 9:46 AM 11/22/2016 9:00 AM Scope of Work For Detailed Feasibility Study for a Mooring Field At Boca Chica Basin 7/25/2016 General Proiect Description: The purpose of the Detailed Feasibility Study (Study) is to determine the potential for mooring field development at Boca Chica Basin by collecting and evaluating relevant site data. Background: The Study for development of a public mooring field at Boca Chica basin will continue with, and build upon, the research performed and data compiled for the Monroe County Mooring Field Feasibility Study (Preliminary Study) produced by Coastal Systems International (May 2014). That Preliminary Study looked at multiple unmanaged anchorages in the Florida Keys (including Jewfish Creek, Buttonwood Sound and Boca Chica basin) and recommended that the County pursue mooring field development at Buttonwood Sound on the bayside of Key Largo at mm 99. The Study recognized the need for a mooring field at Boca Chica basin, due to various boating impacts in that anchorage, but cited multiple issues (i.e. insufficient water depths, dense seagrass and the lack of an identifiable shoreside facility) which may make permit issuance difficult or unlikely. In August of 2015 the Board of County Commissioners (BOCC) abandoned consideration of a mooring field at Buttonwood Sound, and directed staff to continue to look into the potential for a mooring field at Boca Chica basin. At this time, Boca Chica basin is considered one of the highest priority problem anchorages in the Keys in need of boating management. Primary Proiect Obiectives: • Acquire necessary biological and physical site data for potential future permit application submission for a mooring field • Evaluate mooring field permitting feasibility based on site data acquired Scope of Work: a) Acquire necessary biological and physical site data required for permit application submission. All surveys produced shall meet the requirements for applicable local /state /federal permit application submission. The contractor should be familiar with existing State and Federal criteria for mooring fields and design the survey methodology accordingly. • Perform detailed bathymetric survey • Perform detailed benthic survey b) Generate conceptual mooring field map (based on site data and consideration of regulatory criteria) including mooring field boundaries, mooring field ingress /egress, mooring circles and number of moorings. c) Consider the practicality and potential of the Gulf Seafood property as a shoreside facility to serve the potential mooring field. 1 d) e) • Evaluate the feasibility of Gulf Seafood as a shoreside facility based on proximity to the potential mooring field and available dinghy routes /access • Indicate capacity needs for shoreside facility based on potential number of moorings (as indicated on conceptual mooring field map) • Provide recommendations for (minimal) shoreside facility amenities, as may be required by the applicable permitting agencies. Estimate mitigation costs /requirements, based on findings of the benthic and bathymetric studies, as associated with potential environmental impacts of mooring field development and use. Provide report to include all surveys and maps, evaluation of data acquired, shoreside facility considerations, mitigation considerations, regulatory considerations, and a summary describing the potential for mooring field permitting. The contractor will submit four hard copies and an electronic copy of all data (including GIS files) and final report, and present the report and findings to the Board of County Commissioners. Site Map of Anchorage and Potential Mooring Field 2 V'f Proposal fora z Y Detailed Feasibility Study fora � Mooring Field at Boca Chica Basin C Monroe County, FL Plan Design Enable Contents Background 2 Task 1 - Project Kick-Off 3 Task 2 - Data Collection 3 Task 3 - Regulatory Agency Coordination 4 Task 4 -Feasibility Study Results and Recommendations 4 Staffing 5 Budget Estimate 7 Page 1 tA z Y G Background The Monroe County Board of County Commissioners (BOCC) has directed the Marine Resources Office to investigate the potential for a new mooring field at Boca Chica Basin in the Florida Keys, subsequent to the abandonment of a proposed mooring field which would have been located in Buttonwood Sound (Key Largo). The Boca Chica Basin had previously been assessed, as part of a feasibility study conducted by Coastal Systems International (May 2014), as one of three proposed locations studied to determine the most optimal area for a new mooring field in the Keys. In the initial feasibility study, the Boca Chica Basin was not recommend for future permitting due to several identified issues, including; insufficient water depths, dense seagrass, and the lack of an identifiable shoreside facility), which was determined would have a negative impact on the permitability of the site. However, the Boca Chica Basin remains one of the highest priority problem anchorages in the Keys in need of boating management. This study will be conducted to acquire the necessary biological and physical site data of the proposed mooring field location, and evaluate the site for the potential of acquiring regulatory permits from the regulatory agencies for the development of a mooring field. Page 2 Anchored vessels at risk of becoming derelict are an inherent problem in Boca Chica Basin. Task 1 — Project Kick-Off 1.1 Kick-Off Meeting Atkins will conduct a meeting with Monroe County Marine Resources staff to gather additional background information, site specific information, and review the goals and objectives of the feasibility study. Task 2 - Data Collection 2.1 Regulatory Requirements and Management Considerations Atkins will review the literature regarding regulatory requirements. This includes current anchoring regulations to determine restrictions on anchoring around the perimeter of the permitted mooring field, Atkins will gather information relative to the County's intentions to regulate anchoring in the Boca Chica Basin area. 2.2 Bathymetric Survey Atkins will conduct a bathymetric survey to determine the suitability of vessels, vessel navigability to and from the site and associated upland facility areas. The bathymetry survey will be conducted using a single beam survey spaced at 100 foot intervals in the proposed mooring field area and adjacent channels to the proposed upland facility. An analysis of the water depth and the identification of submerged objects will be used for determining mooring locations and vessel type /size in the conceptual phase of mooring field design. Page 3 2.3 Benthic Survey tA Z Y G Submerged resource assessments will be conducted using transects spaced to capture sufficient detail, combined with predetermined drop points to sample seagrass occurrence, composition, and density. Atkins has a current Florida Keys National Marine Sanctuary (FKNMS) permit to conduct benthic resource assessments in sanctuary management areas. The objective of the submerged resource survey is to produce a detailed map capable of estimating resource acreage (i.e. the extent of seagrass distribution), and to estimate the density of seagrass within the proposed mooring area. Data collection will also include the position and condition of all currently anchored vessels within the project area. Atkins' scientist conducting submerged resources survey. 2.4 Upland Assessments In conjunction with the surveys, Atkins will review the potential shoreside facility (identified as Gulf Seafood) and it's suitability to serve as the mooring field access point, fuel and pumpout location, shoreside facilities for residents, and management office. Task 3 - Regulatory Agency Coordination 3.1 Agency Meetings Atkins will meet with staff from the Florida Department of Environmental Protection (FDEP), the Florida Keys National Marine Sanctuary (FKNMS), the US Army Corps of Engineers (USACE), and the U.S. Coast Guard, to seek their input on the proposed mooring field, the environmental benefits versus risks and identify the necessary steps to achieve regulatory approval, if possible. Task 4 - Feasibility Study Results and Recommendations Task 4.1 — Mooring Field Concepts A conceptual drawing will be developed of the proposed mooring field site, the capacity of moorings, and type of mooring system. The design will be based on data gathered during site assessments. The concept will provide a design that will allow the greatest vessel capacity, least environmental impact, and ability to manage /restrict anchoring of unmoored vessels. Page 4 kA z Y G The concept design will also: • address accessibility and navigability, • access to dinghy and related facilities (requirements such as dock size and location), • other facility needs such as restrooms, showers, laundry, etc., and • determine additional vehicle parking requirements. Task 4.2 - Shoreside Facility Evalutation Atkins will assess the potential use of the Gulf Seafood facility as a suitable shoreside facility for mooring field patrons. Consideration of the facility will include dingy access, capacity, and amenities. Task 4.3 - Feasibility Study Results and Recommendations Atkins will develop a recommendation for proceeding with the permitting phase of the Boca Chica Basin mooring field site based on an evaluation of data obtained, navigability of the mooring field and access routes, the assessment of upland facility location, resource impacts and mitigation considerations, regulatory considerations, and a summary describing the potential to obtain all necessary permits to develop the mooring field in the Boca Chica Basin. Staffing Kenneth Good, P.E. Kenneth Good has 18 years of experience in the engineering consulting field serving local, state, federal, and private entities. His background is varied, covering projects and services in coastal engineering, civil engineering, transportation, construction management, stormwater, water /wastewater, building department management, bridge inspection and asset management, site development, dredging, and redevelopment beautification. His roles in these projects and services included, engineer of record, project manager, and technical lead, as well as broader responsibility in division management. Mr. Good understands the importance of relationships in the successful completion of our endeavors. He consistently strives to exceed the expectations of his clients by maintaining a close relationship and developing a full understanding of their individual needs. 1 04 Page 5 kA z Y G Janet Luce Janet Luce, a senior technical coordinator with 23 years of experience, is currently providing project management services within our port and coastal engineering practice. Her experience includes waterway management, coastal flood studies, disaster response operations, beach renourishment, derelict and at -risk vessels, waterway markers, vessel traffic studies, regulatory permitting, public outreach, and environmental impact analyses. She is proficient in geographic information systems (GIs) and developing mobile -GIS applications for field collection of geospatial data. Ms. Luce is also member of the Atkins Scientific Dive Team. Mark Henry W. Mark Henry is a senior environmental scientist with Atkins and has 20 years of experience in environmental fieldwork. This experience involves ecological sciences and hazardous waste work performed for federal, state, and local governmental agencies as well as private sector clients. His experience includes seagrass surveys, seagrass and coral mitigation monitoring, remedial investigations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), monitoring well /soil boring installations, soil and groundwater sampling, wetland and upland evaluations, Phase I and Phase II environmental site assessments (ESA), contamination assessments and initial remedial actions, and construction oversight. Leslie Manzello Leslie Manzello has 10 years of experience in environmental sciences. She has worked on a wide variety of projects and her areas of expertise include marine benthic habitat assessments (seagrass and hardbottom communities), environmental permitting, desktop environmental assessments, and technical writing. Ms. Manzello also has considerable experience in GIs and water quality monitoring. Ms. Manzello has participated in several feasibility studies for coastal projects in Florida involving benthic habitat mapping which has included characterization and analysis of those habitats both qualitatively and quantitatively. Steven Trbovich Stephen Trbovich has 6 years of environmental science experience involving hardbottom, seagrass, mangrove, and freshwater wetlands communities as well as threatened and endangered species, GIs mapping, permit compliance, soil and groundwater contamination, and wetland delineation. Mr. Trbovich came to Atkins with an established track record as a "go -to" person for subtidal research projects, having conducted dive work with five universities (University of Miami, California State University Long Beach, University of Southern California, University of California Santa Barbara, and University of California Santa Cruz) and three federal agencies (National Park Service, United States Geological Survey, and United States Fish and Wildlife Service). At Atkins Mr. Trbovich serves as a diver, field researcher, GIS technician, data analyst, and technical writer. Steven Pophal Steve Pophal has 42 years of experience in planning and designing private, municipal, and state -run water - related facilities. His work has included public waterfronts, boat launch ramps and docking, marinas, ferry and cruise terminals with work products including port design guidelines, permit and grant applications, vessel traffic studies, and financial planning and market analysis. Steven Pophal serves as a senior project manager within Atkins' ports and coastal engineering division. His corporate responsibilities include ensuring that projects are assigned to the appropriate staff, production Page 6 kA z Y G schedules are met, and corporate quality standards are met. His expertise includes the planning and preparation of plans for the acquisition of permits for National Pollutant Discharge Elimination System, best management practices, and sediment and erosion control. Lizbeth Childs, P.E. Lizbeth Childs has 10 years of coastal engineering permitting, design, and construction expertise and has supported a variety of projects including inlet dredging, beach restoration, shoreline protection structures, marinas, and fishing piers. She has been the lead Atkins coastal team member responsible for acquiring state and federal permits for projects such as Navarre Beach Fishing Pier, Port of Pensacola Ferry Terminal, Dog Island Ferry Terminal, St. Lucie Inlet Maintenance Dredging, and the Navarre Beach Boat Ramp dredging project. kA z Y G Budget Estimate The total estimated budget is provided on a lump sum basis and includes labor and expenses necessary to perform the tasks outlined above. Task Description Estimated Budget Task 1 - Project Kick -Off $2,069 Task 2 - Data Collection $24,251 Task 3 - Regulatory Agency Coordination $4,274 Task 4 - Study Results & Recommendations $15,715 Total $46,309 Page 7 tA z Y G Plan Design Enable O ', L COASTAL, SYSTEMS INTERNATIONAL, INC. 464 South Dixie Highway • Coral Gables, Florida 33146 Tel: 305- 661 -3655 •Fax: 305- 661 -1914 www.coastalsystemsint.com �' s T 1 ?YI &d9M edlatieW m:i 320000-A3 September 19, 2016 Mr. Rich Jones MONROE COUNTY Monroe County Marine Resource Office 2798 Overseas Hwy. Suite 420 Marathon, FL 33050 RE: CONSULTING SERVICES RELATIVE TO A DETAILED FEASIBILITY STUDY FOR A PUBLIC MOORING FIELD IN BOCA CHICA BASIN, MONROE COUNTY, FLORIDA Dear Mr. Jones: Coastal Systems International, Inc. (Coastal Systems) is pleased to submit this Proposal for professional environmental and consulting engineering services in support of Monroe County's Public Mooring Field Project (Project) in the Florida Keys. Coastal Systems has prepared this proposal in response to the Scope of Services dated July 25, 2016. We understand Monroe County (County) requires a Detailed Feasibility Study (Boca Chica Study) to determine the potential for mooring field development at Boca Chica Basin by collecting and evaluating relevant site data. The Study for development of a public mooring Held at Boca Chica basin will continue with, and build upon, our Monroe County Mooring Field Feasibility Study (Preliminary Study) produced in May 2014. The following work tasks outline the scope of services to be provided by Coastal Systems to the County: PART 7 — BACKGROUND DATA REViEw Coastal Systems will coordinate with the Client to collect and review available background data /documents for the Project site. Coastal Systems will review background data including existing studies, new regulations and guidance, and permitting and ownership information, in order to ensure a clear understanding of established objectives, previous Staff and Board of County Commissioner (BOCC) recommendations and prioritizations, the use of Gulf Seafood as an shoreside support facility and development of the Boca Chica basin as a managed mooring field. PART 8 — FIELD INVESTIGATIONS Coastal Systems will perform a site investigation at the existing anchorages at Boca Chica basin to evaluate it as a potential managed mooring field. Bathymetric and marine resource data will be collected to evaluate the site's physical access and marine resource /regulatory permitting feasibility conditions. Additionally, an assessment of Gulf Seafood located at 6021 Peninsula www. co a s talsys temsin t. c om 320000 Mr. Rich Jones September 19, 2016 Page 2 Avenue in Stock Island will be completed during the site visit. Fees include equipment rental. Additional detail is provided below. a. Bathymetric Survey: Coastal Systems will mobilize a survey team to collect bathymetric data within the portion of the Managed Anchoring Zone outlined in white in the below aerial snapshot to document water depths at the potential mooring field site and in possible ingress / egress access routes. The survey will be conducted by a Coastal Systems team operating from a custom survey vessel, equipped with survey -grade sounding and computer equipment and HYPACK navigation software. Horizontal positioning will be based on differential GPS with accuracies suitable for a study of this nature. Line spacing will be on 100 ft intervals in areas of suitable depth for data collection; areas occupied by moored vessels will not be surveyed. Contours will be shown on 1 foot intervals; the zero contour will not be shown. No existing structures (docks, pilings, derelict vessels, etc.) will be mapped. Depth soundings will also be taken in the Gulf Seafood basin to gain a general understanding of the water depths. b. Marine Resources Survey: Coastal Systems will conduct a detailed in -water biological survey to document the marine resources present within the portion of the Managed Anchoring Zone outlined in white in the above aerial snapshot to confirm the extent, species, and general density of seagrass, hardbottom, macroalgae, and other ecologically important marine /estuarine resources pursuant to the methodologies listed below. Biologists will also document the presence /absence and general distribution of any observed threatened and endangered species. Particular emphasis will be placed on areas with sufficient depth for mooring boats and within the possible ingess / egress routes. Any debris encountered that may be potential seagrass restoration areas will be documented. A preliminary resource assessment in the Gulf Seafood basin (not to the level of detail in the Managed Anchoring Zone) will be performed on the basin bottom u wz c oastalsy stemsint.cum 320000 Mr. Rich Jones September 19, 2016 Page 3 and the bulkhead wall. A Field Observation Report will be prepared documenting methodology and observations and will include relevant photographs. Prior to conducting field work in the Florida Keys National Marine Sanctuary ( FKNMS), Coastal Systems will apply for a permit with the FKNMS to authorize the field work. Note that if the survey work is performed outside of the April 1 — September 30 window, an additional survey may be required by the regulatory agencies during permitting. • National Marine Fisheries Service (NMFS), Southeast Region Habitat Conservation Division's Best Management Practices For Surveying Seagrass for Coastal Construction Planning in Florida • Protocol for Benthic Surveys of Coral Resources in FKNMS c. Base Map: The survey data collected in the field will be reduced to the horizontal coordinate system and vertical datum established for the Project. Marine resource information and bathymetric information collected under this Part will be reflected on the base map. The data will be compiled with currently available aerial photography for the site. d. Shoreside Facility Assessment: Coastal Systems will visit the Gulf Seafood property by land and by sea to determine its suitability as a mooring field shoreside support facility. During this assessment, consideration will be given to the type of amenities and accessory docks that may be needed, services currently available (if any), as well as ease of ingress /egress, capacity needs, and permitting feasibility. Preparation of plans for amenities or accessory docks is not included. Results of this assessment and recommendations will be documented in the Feasibility Report under Part 11 below. PART 9 — CONCEPTUAL MOORING FIELD MAP Coastal Systems will combine the information obtained in Parts 7 and 8 above to develop a map of the conceptual mooring field in Boca Chica basin that optimizes the configuration while minimizing impacts to resources. The optimized mooring field conceptual design will include the proposed mooring field boundaries, ingress /egress routes, mooring circles and the number of moorings. The conceptual design will be dictated by physical and ecological conditions, bathymetry, and available upland amenities. Swing circles will be designed based on existing water depths and anticipated vessel types, lengths, and drafts. The mooring field will be designed to avoid impacts to mapped marine resources to the greatest extent practicable. The mooring field will be designed in accordance with current industry standards. The mooring field configuration will be prepared on Ilxl7 -inch sheets at an appropriate scale, overlaid onto available aerial photography. PART 10 —IMPACT/ MITIGATION ASSESSMENT Coastal Systems will determine the estimated impact areas associated with the conceptual mooring field design and will review appropriate minimization and mitigation strategies to offset those impacts to marine resources. This scope includes (1) review of regional, state and federal wW-W.coastalsystemsint.con) 320000 Mr. Rich Jones September 19, 2016 Page 4 restoration goals and priorities, (2) Impact assessment — preparation of preliminary impact forms pursuant to the FDEP's Uniform Mitigation Assessment Method (UMAM) for up to 2 Assessment Areas (ie. the mooring area and the dinghy access route), (3) Mitigation assessment — an estimate of the costs associated with up to 2 mitigation options including preparation of UMAM mitigation forms, and (4) may include discussions with the appropriate permitting agencies. Formal pre - application meeting are not included. Results of this assessment and recommendations will be documented in the Feasibility Report under Part I I below. PART 11 — FEASIBILITY REPORT & PRESENTATION OF FINDINGS a. Boca Chica Mooring Field Feasibility Study: Coastal Systems will prepare a Feasibility Report incorporating all work products prepared herein. Coastal Systems will discuss the implications of the current Florida Department of Environmental Protection (DEP) and U.S. Army Corps of Engineers (COE) regulations on the proposed project. Coastal Systems will also evaluate the potential influence and /or level of participation of sister commenting agencies, including the Florida Fish and Wildlife Conservation Commission, U.S. Fish and Wildlife Service, and National Marine Fisheries Service. Specific issues to be evaluated include direct, indirect, and cumulative biological resource impacts (e.g. seagrass hardbottom, macroalgae); effects to federally and State listed threatened and endangered species and their critical habitat; navigational requirements (e.g. water depths, setbacks); water quality criteria compliance issues; and submerged lands use authorization. A description of the existing conditions, proposed design, shoreside support facility, impact /mitigation assessment and the environmental permitting process, as well as potential challenges and strategies specific to the proposed Boca Chica Mooring Field will be summarized. The Report will not constitute a legal opinion, nor will it provide a guarantee of ultimate success for a particular Project design or permitting approach; however, it will be based upon Coastal Systems extensive experience conducting similar feasibility studies, as well as the experience of former federal, state, and local regulators. A list of likely exhibits accompanying the Report can be found below. • Vicinity Map • Aerials of Mooring Field, Access Routes & Gulf Seafood • Existing Conditions — Bathymetry (Mooring Field) • Existing Conditions — Bathymetry (Access Routes) • Existing Conditions — Marine Resources (Mooring Field) • Existing Conditions — Marine Resources (Access Routes) • Existing Conditions — Gulf Seafood • Conceptual Mooring Field • Impact Map (if applicable) • Mitigation Areas (if applicable) b. Presentation of Findings: Coastal Systems will prepare for and conduct one (1) presentation to the Monroe County Board of County Commissioners. The County will provide any advertisement and public notices for the meeting. This scope includes wW-W.coastalsystemsint.con) 320000 Mr. Rich Jones September 19, 2016 Page 5 preparation of a presentation summarizing the results of the investigations completed under this Proposal, as well as the conceptual mooring field design, impact and mitigation assessment, and permitting considerations. PART 12 — MEETINGS / ADDITIONAL SERVICES At the Client's request /authorization, additional meetings or services may be required to address items related to the proposed mooring field or shoreside support facility but outside of the scope included above. GENERAL This proposal is valid to be approved for 90 days and is subject to the attached General Agreement Terms and Conditions. Coastal Systems will invoice the Client each month on a percent complete basis for lump sum tasks. Invoices are to be paid within thirty (30) days of receipt of the invoice by the Client. We look forward to working with you through the successful implementation of this Project. If you wish for us to provide these services, please issue a Purchase Order, which will serve as our Authorization to Proceed. Should you have any questions or require additional information, please do not hesitate to contact me at (904) 537 -5013 or via email at dirwin (&,,coastal system sint.com Sincerely, COASTAL SYSTEMS INTERNATIONAL, INC. Danielle H. Irwin Director DHI: cab Enclosure File, DHI, AC, UP, CAB, NR, AP, C.ntrad B..15 Accounting F_A Project A320000AP.po,,I \(16- 09 -19) PRO R J.— Maonng Field Feas bda, Ch—&—1 ld. Y wW-W.coastal Sys temsint.con) 320000 Mr. Rich Jones September 19, 2016 Page 6 TABLE 1 SUMMARY OF COSTS FOR CONSULTING SERVICES Boca Chica Basin Mooring Field Feasibility Study DESCRIPTION TYPE FEES Part 7. Background Data Review Lump Sum $2,800 Subtotal: $2,800 Part 8. Field Investigations a. Bathymetric Survey b. Marine Resources Survey c. Base Map d. Shoreside Facility Assessment Lump Sum Lump Sum Lump Sum Lump Sum $4,800 $11,900 $2,900 $2,000 Subtotal: $21,600 Part 9. Conceptual Mooring Field Map Lump Sum $4,300 Subtotal: $4,300 Part 10. Impact/Mitigation Assessment Lump Sum $6,700 Subtotal: $6,700 Part 11. Feasibility Report & Presentation of Findings a. Feasibility Report Lump Sum b. Presentation of Findings Lump Sum $8,100 $2,900 Subtotal: $11,000 Part 12. Meetings /Additional Services Hourly $0 Subtotal: $0 GRAND TOTAL: $46,400 wW-W. coastal spstemsint.con) 320000 Mr. Rich Jones September 19, 2016 Page 7 General Agreement Terms and Conditions Fees /Expenses: Unless explicitly stated in the Scope of Services (Scope), fees reflect Coastal Systems' estimate based on available information. In many cases, all tasks necessary to complete the project are not known initially. Discoveries made during the project, a modified scope of services, or changing regulations and /or legal interpretations may require amendments to the Scope, which could affect final project costs. If such discoveries and /or amendments to the Scope are necessary, Coastal Systems will request authorization for the additional Scope from the Client. Expenses will be invoiced pursuant to the attached Rate Schedule. Payment Procedures: Invoices shall be submitted either upon completion of tasks or on a monthly basis. Invoices are due and payable within 30 days of receipt. Retainers /deposits shall be credited to the final invoice(s). Late Payments: Accounts unpaid thirty days after the invoice date will be subject to a monthly service charge of one and one -half percent per month (eighteen percent per annum) on the unpaid balance. If invoices are not paid within sixty days, Coastal Systems may, without waiving any claim or right against the Client and without liability whatsoever to the Client, terminate the performance of the services. In the event any portion or all of an account remains unpaid ninety days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. By executing this Agreement, the Client represents that he has the legal rights and authority to engage Coastal Systems to perform the requested services and agrees that these services are covered under F.S. 713.03. Non - payment of invoices for services may result in a lien being placed on the subject property. Limit of Liability: To the fullest extent permitted by law, the total liability, in the aggregate, of Design Professional and Design Professional's officers, directors, employees, agents, and consultants to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to Design Professional's services, the Project or this Agreement, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of contract or breach of warranty shall not exceed the total compensation received by Design Professional under this Agreement, or the total amount of $50,000, whichever is greater . Indemnification: The Client shall indemnify and hold harmless Coastal Systems and all of its personnel and sub - consultants from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss or expense is caused in whole or in part by the negligent act, omission, and /or strict liability of the Client, anyone directly or indirectly employed by the Client (except Coastal Systems), or anyone whose acts may be liable. Consequential Damages: Neither the Client nor Coastal Systems shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of, or connected in any way to the Project or this Agreement. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, loss of reputation, unrealized savings or diminution of property value and shall apply to any cause of action including negligence, strict liability, breach of contract and breach of warranty. Termination of Services /Assignment: Either party may at any time, upon seven (7) days written notice to the other party, terminate this Agreement. in the event of any termination, the Client will pay Coastal Systems for all services rendered and costs incurred through the effective date of termination, plus reasonable costs for administration of the termination. Neither party shall assign its rights, interests, or obligations under this Agreement without the written consent of the other party. Standard of Care /Certifications: The standard of care for all professional consulting services performed or furnished by Coastal Svstems under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Coastal Systems makes no warranties, express or implied, under this Agreement or otheiwise, in connection with the services provided. Coastal Systems shall not be required to sign any documents, no matter by whom requested, that would result in Coastal System's having to certify, guaranty, or warrant the existence of conditions that Coastal Systems cannot ascertain. Coastal Systems shall not, in connection with any such assignment by the Client, be required to execute any documents that in any way might, in the sole judgment of Coastal Systems, increase Coastal System's contractual or legal obligations or risks, or the availability or costs of its professional or general liability insurance. Issuance of Permits: Coastal Systems may provide services to process applications for various permits for the project. Coastal Systems does not guarantee a permit will be issued. The Standard of Care referenced above will be applied to permit processing. Once a permit is issued, Coastal Systems will provide the Client with the original permit. The Client is responsible for tracking permit expiration dates relative to the overall project schedule. Ownership of Documents: All documents produced by Coastal Systems under this Agreement shall be made available to the Client upon receipt of full payment for services rendered. Coastal Systems shall retain ownership of all notes and project files used to produce the work products and may make copies of all work products. The Client agrees to waive any and all claims against Coastal Systems and to defend, indemnify and hold Coastal Systems harmless from and against any and all claims, losses, liabilities and damages arising out of or resulting from the unauthorized use, reuse or alteration of Coastal Systems work product, including notes and project files." Controlling Law: This Agreement is to be governed by and interpreted according to the laws of the State of Florida. In the event legal action is taken to enforce ally provision of this Agreement, the venue will be a court of competent jurisdiction in Miami -Dade County, Florida. wW-W.coastalsystemsint.con)