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Item D7 D.7 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting June 19, 2019 Agenda Item Number: D.7 Agenda Item Summary #5686 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Ratify Amendment No. 2 to a contract with Adventure Environmental, Inc., for removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe County, City of Marathon and Village of Islamorada; to reduce the hydraulic removal rates for Big Pine Key; as signed by the County Administrator. ITEM BACKGROUND: This item allows the rates for hydraulic removal to be lowered from $450 to $150 per cubic yard for up to 5 canals approved by NRCS for sediment removal on Big Pine Key. The contractor advised that either method could be used to remove the sediment. Because the $150/cy rate for mechanical removal is less than the $450/cy for hydraulic removal, the contractor has agreed to perform their preferred hydraulic removal method at the same rate. PREVIOUS RELEVANT BOCC ACTION: 05/16/18: Discussion and direction and retroactive approval to submit a Request for Proposals (RFP) for marine debris removal and related services, which will be used to perform work funded by a grant in the amount of $45.8 million from the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS), Emergency Watershed Protection (EWP) program, if awarded, to cover removal of marine debris created by Hurricane Irma from canals and nearshore waters in unincorporated Monroe County, City of Marathon and Village of Islamorada, with a 25% County match. 07/18/18: Approval to enter into a contract with the 41 ranked vendor, Adventure Environmental, Inc., in an amount not to exceed $35 Million, for removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe County, City of Marathon and Village of Islamorada; also, authority to negotiate and enter into a contract with the next highest vendor(s), in rank order, if necessary. 08/15/18: Approval to enter into a Amendment No. 1 to a contract with Adventure Environmental, Inc., for removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe County, City of Marathon and Village of Islamorada; to modify the amount of the bond; and Packet Pg. 909 D.7 approval for the County Administrator to execute the Amendment and future documents. CONTRACT/AGREEMENT CHANGES: Lowers Hydraulic Dredging Rates for Big PIne Key canals STAFF RECOMMENDATION: Approval DOCUMENTATION: 1st Amendment 08/15/2018 FULLY EXECUTED STAMPED Amendment No. 2 AEI(2) 6 1119 Adventure Environmental NRCS contract wo attachments Attachment B- Rates AEI Second Amendment FINANCIAL IMPACT: Effective Date: Retroactive to June 10, 2019 Expiration Date: N/A Total Value of Amendment: $0 Total Dollar Value of Original Contract: Not to exceed $35,000,000 Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: No Indirect Costs: Staff Time to manage the work Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: No Additional Details: N/A REVIEWED BY: Rhonda Haag Completed 06/04/2019 4:49 PM Cynthia Hall Completed 06/04/2019 4:56 PM Budget and Finance Completed 06/05/2019 8:09 AM Maria Slavik Completed 06/05/2019 8:14 AM Kathy Peters Completed 06/05/2019 8:53 AM Board of County Commissioners Pending 06/19/2019 9:00 AM Packet Pg. 910 D.7.a MEMORANDUM OFFICE OF THE COUNTY ATTORNEY 1111 12"'Street, Suite 408, Rey West, FL 33040 Phone (305) 292-3470/Fax (305) 292-3516 VE TO: Gabi West Executive Administrator FROM: Abra Campo ;_ Executive Administrator 0 DATE: August 21, 2018 SUBJECT: Adventure Environmental Amendment 1 (8/15/18; Item T4/4604) r- 0 a� Enclosed for execution by the County Administrator, one (1) original Amendment No. 1 to a contract with Adventure Environmental, Inc., for removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe County, City of Marathon and Village of Islamorada. > Upon execution please scan me a copy and forward original to Pam Hancock at the Clerk's Office. 00 Thank you for handling. LO Ir- 00 U) Packet Pg. 911 D.7.a r BOARD OF COUNTY COMMISSIONERS County ®f Monroe Mayor David Rice,District 4 The Florida Keys Mayor Pro Tern Syl-6a J.Murphy,District 5 _ Danny L.Kolhage,District I George Neugent,District 2 Heather Caruthers,District 3 Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West,FL 33040 (305)2924441 —Phone (305)2924544-Fax 0 MEMORANDUM r- 0 a� To: Pam Hancock Deputy Clerk From: Gabi West Executive Administrator Date: August 22, 2018 Subject: Adventure Environmental Amendment 1 (08/15/18; Item T4/4604). LO Ir- 00 Enclosed for execution, one(1)original Amendment No. 1 to a contract with Adventure Environmental, Inc., for removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe County, City of Marathon, and Village of Islamorada. U) Thank you. Packet Pg. 912 D.7.a AMENDMENT NO. 1 TO THE AGREEMENT FOR MARINE DEBRIS REMOVAL AS A RESULT OF HURRICANE IRMA This Amendment NO. 1 to that Agreement ("Agreement") made and entered into on August 15, 2018 by and between Monroe County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and Adventure Environmental, Inc. , its successors and assigns, hereinafter referred to as "CONTRACTOR", 0 WITNESSETH: WHEREAS, CONTRACTOR has agreed to provide marine debris removal and related services, and/or dredging and/or trucking services, which services shall collectively be referred to as the"Project' ; and WHEREAS, the parties agree to modify the amount of the bond to be provided by the CONTRACTOR to more realistically reflect the amount of bonding coverage needed for active Task Orders; > NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: LO 1. The bond limits in Paragraph 7.1 of the Agreement, Contract Sum, are revised from $25 00 Million to $17 Million. As a result, Paragraph 7.1 is revised in its entirety and replaced to read as follows: ARTICLE VII COMPENSATION U) 7.1 CONTRACT SUM The Contract Sum shall not exceed Thirty Five Million Dollars ($35,000,000.00) unless amended by formal approval of the Monroe County BOCC. Monroe County does not guarantee any minimum quantities in this contract. Monroe County reserves the right to cancel this contract at any time when the County feels it is in the best interest to so for the County. No charges shall be incurred by the County other than products or services that were ordered,provided and agreed upon by the COUNTY. The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in the Pricing Schedule in Attachment B. 17, Packet Pg. 913 D.7.a The cumulative sum of active Task Orders issued by the County at no time shall exceed the $ i7 1VI�i�L1'ioi bond limits of the CONTRACTOR. As Task Orders are successfully completed, new Task Orders may be issued, as long as the cumulative total of active Task Orders does not exceed the I 17 Miililion bond�in 2. Paragraph 10.2 in the Agreement, Payment and Performance Bonds, and sub- paragraphs 10.2.1 and 10.2.2, are revised in its entirety and replaced with the following: 10.2 PAYMENT AND PERFORMANCE BOND: The Contractor shall furnish a payment and performance bond in the amount of$17 million prior to issuance of the contract. The bond must be issued by an A rated surety company doing business in the State of Florida. The bond shall serve as a guarantee for the faithful performance of the contract (including guarantee and maintenance provisions) and the payment of all obligations thereunder. The contract is subject to the provisions of F.S. 255.05, which are incorporated by reference herein. r- 3. In all other respects, the provisions of the Agreement remain unchanged and in full 0 force and effect. 2 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year indicated. (SEAL) MONROE COUNTY Attest: Kevin Madok, Clerk 00 By: By: LO Deputy Clerk Roman Gastesi, County Administrator 00 Date: ADVENTURE ENVIRO NTAL INC., U) By: TNESS QPrintne: C to her Colarusso Print n title. rVn ol m VP By: �p -� WITNESS Print name: Paul Lawry 2 Packet Pg. 914 D.7.b AMENDMENT NO.2 TO THE AGREEMENT FOR MARINE DEBRIS REMOVAL AS A RESULT OF HURRICANE IRMA o This Amendment No. 2 is entered into on June 19, 2019 to that Agreement ("Agreement") made and entered into on July 18, 2018 and amended August 15, 2018 by and between Monroe County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and Adventure Environmental,Inc., its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: WHEREAS, CONTRACTOR has agreed to provide marine debris removal and related services, and dredging and trucking services, which services shall collectively be referred to as the "Project"; and 0 WHEREAS,NRCS approved additional canals for sediment removal on Big Pine Key, which are included herein; and WHEREAS,the sediment could be removed by either mechanical or hydraulic removal; and WHEREAS,the CONTRACTOR prefers the hydraulic removal method; and WHEREAS, the parties agree to reduce the rates of the hydraulic dredging for the 5 canals on Big Pine Key only to match the mechanical removal rate. o NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements E stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 1. This Amendment No. 2 is retroactive to June 10, 2019. 2. The List of Canals approved for sediment removal on Big Pine Key are 282, 293, 297, 299 and 300. The vendor will perform hydraulic removal in up to 5 of these canals as directed by the a County through Task Order. �s 3. Paragraph 7.1 of the Agreement, Contract Sum, refers to rates as shown in the Pricing Schedule in Attachment B. For the purposes of canals 282, 293, 297, 299 and 300 only, the rates for hydraulic removal shown in Attachment B, part 2 (Canal Sediment, Silt and Sand Removal), incorporated by reference in in Paragraph 7.1 of the Agreement, shall be as follows: p Packet Pg. 915 D.7.b w � 4 Hydraulic removal and dewatering of accumulated Cubic Yard 1- 10 OQQ.............................$150.00 silt/sediment/sand that was deposited as a result of CY hurricane.Transport to TDN A as directed by County. over $150.00 e County to provide permit. 10,000 CY ....................... ........:........................ 4. In all other respects,the provisions of the Agreement remain unchanged and in full force and effect. r- IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year indicated. (SEAL) MONROE COUNTY Attest: Kevin Madok, Clerk < By: By: r- Deputy Clerk c �n ounAdministrator� � Date: ♦♦��ti�tiu i�i�r,, \ NN••H4 I r O y��2 ADVENTURE ENVIRONMII EAL m?n a • B , ♦ 6 By 6a6 �ii�40R1DP♦��l Print name: Print nd title: By. E WITNESS Print name: -0, ii W �s APPROVAL AS TO FORM: MONROE COUNTY ATTORNEYS OFFICE 4i Digitally signed by Cynthia L.Hall ON:cndCyntNa L.Hall, o® onroe County BOCC,ou, • emall®hall- cyntia rnonroecounty® .goat, C=US Date.2019.06.11 10e42 36. °00° Packet Pg. 916 Exhibit B - Rate Schedule Project: Monroe County Marine Debris, Rernoval and Related Services Location: ALL DSR Locations 1. CANAL AND NEARSHORE MARINE DEBRIS CLEARING RATES Adventun ITEM NO. DESCRIPTION UNIT QUANTITY TIER Environmen Inc Mobilization and Demobilization(intermeditate moves between 1 project areas shall be iniclusive within the marine debris removal Lump Surn rates) $6,000.00 Small Deck barge capable of holding 5,000 lbs and work/push boat 2 Day U) suitable for easy travel from canal to canal $2,500.00 2 Medium Deck barge minimum of 40 feet long and work/push boat 3 with a mounted knucHe boom craine or secured heavy equipment Day suitable for easy travel from carnal to canail 0 $4,000.00 2 Large Deck Ibarge minimum of 60 feet long and work/push boat 4 with mounted knuckle boom crane or secured heavy equipment Day E suiitable for easy travel from canal to canal r- $6,000.00 a0 5 Side scan sonar boat trailer able, boat equipped with side scan Day W sonar capable of surveying canals throughout the County $1,800.00 6 ISelf loading dump truck with knuckle boom crane Day $2,600.00 7 FCommercial dive team OSHA compliant dive team (as needed) Day < $3,600.00 . Floating Turbidity Barriers to be installed and relocated as needed C4 8 Price per 1-1CiO LF < at mouth, of canals to revent impacts to inearsh:ore waters Linear Foot $301.00 U) Vegetation 1-10,000 CY $26.00 W 9 Marine debris removal from canals and/or nearshore transported Cubic Yard over 101,000 CY $20.00 to approved TDMA (not seaweed or sand/sediment) CAD Cubic 1-10,0010 CY $26.00 Yard over 10,000 CY $20.00 E 10 Hazardous materiail removal and transport to,approved TDMA Each 1-100 Units $200.00 Above 100 Units $100.00 11 Mangrove Trimming along canals as directed by County and Price per 1-10,000 LF $26.00 transported to TDMA Linear Foot over 10,000 LF $23.0o cc Seaweed removal hurricane related seaweed accumulation on the 1-10,000 CY $150.00 E 12 Cubic Yard - surface,and bottom of the canals as directed by County and over 10,000 CY $100.00 2. CANAL SEDIMENT,SILT AND SAND REMOVAL RATES Adventure ITEM NO. DESCRIPTION UNIT QUANTITY TIER Environment; Inc �Mlobilization and Demobilization (intermeditate moves between 1 project areas shall be inclusive within the dredging and clewatering Lump Sum .rates) $30,000.00 Proposal Form Packet Pg. 917 Exhibit B - Rate Schedule Staging area set up, management and complete restoration. The 2 set up and management shall include the equipment and Day person!nei for separation and reduction of sand sediment, $2,000.00 3 Floating Turbidity Barriers to be installed and relocated as needed Price per 1-100 LF at mouth of canals to, prevent impacts to nearshore waters, Linear Foot $100.00 Hydraulic removal and clewatering of accumulated silt/sediment l- 10,000 CY $4001.00 ,4 sand that was deposited as a result of hurricane. Transport to Cubic Yard over 10,000 CY TDMA as directed by County. County to provide permit. $350.00 Non Hydraulic Removal of silt/sediment/sand that was 1- 10,000 Cy $150.00 deposited as a result of hurricane. Transport to TDMA or other 5 storage or reuse area as directed by County. County to provide Cubic Yard �permit, Sand shall not be retained or reused by vendor. Specify over 10,000 CY type of dredging proposed: $130.00 0 3. OPERATION AND MANAGEMENT OF TDMA RATES E Adventure a ITEM NO. DESCRIPTION UNIT QUANTITY TIER Environment -0> Inc w TWA set up, management and complete restoration of I TDMA site to FDEP best management practices. The set up and .2 1 management shall include the equipment and personnel for Day > separation and reduction of marine debris according to the FDEP UQM5 Quidelines. $1,600.00 C1.4 U) 2 4.TRANSPORTATION FROM TDMA TO FINAL APPROVED DISPOSAL LOCATION(S) M RATES Adventure ITEM NO. DESCRIPTIONMEASURE OF UNIT Environment DISTANCE Inc E I - 50 miles $35.00 1 Whiite Goods and Appliances Each 51- 100,miles $45.00 101-150 Miles $55.00 1- 50 miles $20.00 E 2 Vegetation Cubic Yard 51- 100 miles $30.00 101-15,0 Miles $35.00 1 - 50 miles $20.00 3 C&D Cubic Yard 51- 100 miles $30.00, 101-150 Miles, $35.00 1 - 50 Miles $25.00 51-100 Miles $35.00 4 Silt/Sediment Sand No Arsenic or Other Exceeclances Cubic Yard 101 - 150 Miles $45.00 Proposal Form Packet Pg. 918 Exhibit B - Rate Schedule Silt/Sediment/Sand with Arsenic or other Exceeclances and 1 - 50 Miles $30-00 5 transport to Class 1 Landfilli Cubic Yard 51 - 100 Miles $�40.00 101 -1510 Miles $50.00 1- 50 miles $25.00 6 Seaweed and Seagrass Cubic Yard 51- 100 miles $35.00 101-150 Mliles $45.00 5. DERELICT VESSEL REMOVAL RATES u)AdventurE ITEM NO. DESCRIPTION LINIT QUANTITY TIER Environment W Inc 'a 1-19 feet $2,50.010 0 Price, per 20-29 feet $350.00 — 1 Vessel Removal from waterway and transport to TDMA Linear Foot 30 feet $4501.00 r- 0 E over 40 feet $1,600.00 r- 0 W Note: These quantifies are estimates based on limited data, o,btalined through aerial maps and representative site visits. 1. All equipment shall include operators and all necessary items for marine debris removal operations. Equipmeni 5 listed does not represent all items contractor may need, contractor will be responsible for ail] other necessary equipment to perform work. C14 2� AIII equipment shall operate only upon the written approval of the project manager. No quantities,are < guaranteed by the County. The County reserves the right to choose what equipment is required and where to seir 0U) said equipment,The County reserves the right to award to one or multiple contractor for the whole project aind/c m each of the five areas. CIO 3.Tipping fees at landfill will be reimbursed at direct cost with receipts that must be provided and agreed: upon b, the County. E 4. All power vessels must be outboard power and shallow draft enough to freely navigate the waters of Monroe County without impacting the benthic resources. 5, If Contractor decides to provide cost for miscellaneous line item a detailed explanation shall accompany so Couinty can sufficiently review the details. E Proposal Form Packet Pg. 919 D.7.e AMENDMENT NO. 2 TO THE AGREEMENT FOR MARINE DEBRIS REMOVAL AS A RESULT OF HURRICANE IRMA This Amendment No. 2 is entered into on June 19, 2019 to that Agreement ("Agreement") made and entered into on July 18, 2018 and amended August 15, 2018 by and between Monroe County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and Adventure Environmental, Inc., its successors and assigns, hereinafter referred to as "CONTRACTOR", 0 WITNESSETH: WHEREAS, CONTRACTOR has agreed to provide marine debris removal and related services, and dredging and trucking services, which services shall collectively be referred to as the r- "Project"; and r- WHEREAS, NRCS approved additional canals for sediment removal on Big Pine Key, 2 which are included herein; and a� WHEREAS, the sediment could be removed by either mechanical or hydraulic removal; and WHEREAS, the CONTRACTOR prefers the hydraulic removal method; and WHEREAS, the parties agree to reduce the rates of the hydraulic dredging for the 5 canals on Big Pine Key only to match the mechanical removal rate. E NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby 0 acknowledged, COUNTY and CONTRACTOR agree as follows: w 1. This Amendment No. 2 is retroactive to June 10, 2019. 2. The List of Canals approved for sediment removal on Big Pine Key are 282, 293, 297, 299 and 300. The vendor will perform hydraulic removal in up to 5 of these canals as directed by the County through Task Order. 3. Paragraph 7.1 of the Agreement, Contract Sum, refers to rates as shown in the Pricing Schedule in Attachment B. For the purposes of canals 282, 293, 297, 299 and 300 only, the rates for hydraulic removal shown in Attachment B, part 2 (Canal Sediment, Silt and Sand Removal), incorporated by reference in in Paragraph 7.1 of the Agreement, shall be as follows: 1 Packet Pg. 920 D.7.e 4 Hydraulic removal and dewatering of accumulated Cubic Yard 1- 10,000 $150.00 silt/sediment/sand that was deposited as a result of CY hurricane. Transport to TDMA as directed by County. over $150.00 County to provide permit. 10,000 CY 4. In all other respects, the provisions of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year indicated. 0 (SEAL) MONROE COUNTY Attest: Kevin Madok, Clerk r- By: By: 0 Deputy Clerk 2 Date: ADVENTURE ENVIRONMENTAL INC., C14 By: By: WITNESS E Print name: Print name and title: 0 By. WITNESS w Print name: 2 Packet Pg. 921