5th Amendment 07/19/2006ClerkdUe
Circuit Court Danny L. Kolhage
Phone: 296-3130 Fax: 295-3663
J I ,
To: Mayra Tezanos,
Executive Assistant
From: Isabel C. DeSantis,
Deputy Clerk
Date: Monday, August 14, 2006
At the BOCC meeting of July 19, 2006 the Board approved the following:
Amendment to Agreement for Services for Disaster Response and Recovery
Services between Monroe County and DRC Emergency Services, LLC, concerning minor
corrections to contract to complete removal of lobster traps, canal debris, and abandoned
vessels (marine debris) resulting from Hurricane Wilma and other storms during the 2005
Hurricane season.
Enclosed please find two (2) duplicate originals of this document for your
handling. Should you have any questions, please do not hesitate to contact me.
Cc: County Attorney
Finance
File
AMENDMENT TO AGREEMENT FOR SERVICES FOR
DISASTER RESPONSE AND RECOVERY SERVICES
THIS AGREEMENT AMENDMENT is entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is The Historic Gato Building, 1100 Simonton
Street, Key West, Florida 33040, hereafter the COUNTY, and DRC Emergency Services LLC,
740 Museum Drive, Mobile, Alabama, 36608, hereafter DRC.
WHEREAS, the parties entered into an agreement for disaster recovery services on February
13, 2002; and
WHEREAS, that agreement has previously been amended on September 17, 2003,
November 16, 2005, and March 15, 2005; and
WHEREAS, DRC has been selected through a Request for Bids process to provide disaster
recovery services specifically for marine debris; now therefore,
IN CONSIDERATION of the mutual promises and conditions contained herein, the
parties agree as follows:
Section 1. SCOPE. The Agreement between the COUNTY and DRC is hereby
amended to include the attached additional Scope of Work and shall be appended to the
existing Agreement Scope of Work found in Exhibit A of the existing Agreement. This
additional Exhibit shall be identified as Exhibit Al. There are three components to Exhibit
Al, trap debris, canal debris, and vessel and other offshore debris removal. The County will
provide a notice to proceed based on discussions with FEMA and specific determinations of
eligibility.
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Section 2. PAYMENT. The Agreement between the COUNTY and the DRC is
hereby amended to include the additional attached Fee Schedule and shall be appended to the
existing Agreement Fee Schedule found in Exhibit B of the existing Agreement. This
additional Exhibit shall be identified as Exhibit B1. Payment for task undertaken as provided
in Exhibit Al shall be made in accordance with the unit costs established in Exhibit B1.
Section 3. FUTURE AMENDMENT. Modifications to the existing Agreement and
this Amendment to the Agreement shall be in accordance with Article 20 of the Agreement.
It is anticipated that fees will change and may be modified through amendment based on
changing real costs.
Section 4. ALL OTHER TERMS OF THE AGREEMENT. In all other respects,
the Agreement remains in full force and effect.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its
duly autho
KOLHAGE, CLERK
Deputy Clerk D -7 - / 9 -O Go
/QF AT 1
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
DRC EMERQEWY SERVICES, LLC
MONR COUNTY ATTO"Y
OVED AS Tq
NATILEENE W. CASSEL
SSISTANT qO NTY ATTORNEY
Dat 7/i1%6
Appendix F.
6/28/2006 4:46:00 PM
EXHIBIT Al
SCOPE OF WORK FOR MARINE DEBRIS
Lobster traps, Marine Debris, and Abandoned Vessels
Lobster Trap Removal
DRC will be responsible for managing the removal and disposal of lobster traps destroyed or
substantially damaged as the result of the 2005 and subsequent hurricane seasons within the life
of the Agreement; to include the identification of locations in the water of where significant trap
debris exists, working with the Monroe County Commercial Fisherman (MCCF) or other entities
as appropriate to locate, remove, and dispose or traps, and oversight of field monitoring, and
billing for the project.
Detailed Responsibilities:
• DRC will be responsible for locating appropriate Temporary Debris Sites and Reduction
Sites
• DRC will provide management and oversight for County designated temporary debris
sites to manage trap line, funnels, and buoys prior to appropriate disposal. Sites can be at
fish houses or commercial fishing related facilities. Disposal sites for wood and concrete
portions of traps will be as follows — various County designated offshore sites in the Gulf
and Atlantic Ocean.
Site ID
Estimated Depth Feet
Latitude
Longitude
01
40
24.51244
-82.14985
02
33
24.49513
-81.96367
03
31
2451528
-81.82093
04
28
24.54376
-81.62800
05
40
24.56686
-81.44104
06
43
24.60182
-81.28612
07
39
24.64480
-81.13454
08
27
24.77655
-80.78988
09
14
24.89500
-80.58864
10
23
25.02491
-80.41809
11
26
25.14859
-80.28529
12
34
25.28558
-80.18986
13
20
24.96675
-81.34483
Appendix E
6/28/2006 4:46:00 FM
• Determine locations of significant lobster trap debris in an area from Key West to Key
Largo and the Monroe County portion of the "Eighteen Mile Stretch," to include
municipalities. No effort should be made to assess the area within the bounds of
Everglades National Park. Assessment of debris locations should not extend beyond
mile further toward the ocean or gulf from the islands connected by U.S. highway 1,
unless there are known shallow water flat areas which may harbor trap debris. In
addition, a less detailed assessment of the existence of lobster trap debris should be
completed for the area ten miles (plus or minus) west of Key West.
• Traps to be removed will include only those that have washed up on shallow water "flats"
in the Keys or which otherwise exist in the near shore environment of the Keys and are
tangled with other trap material (trap lines particularly); such that these traps cannot be
construed as being active or functional for "fishing."
• DRC will provide supervision and project oversight as required by FEMA, the State of
Florida, and the County in conjunction with County staff and/or a monitoring firm
employed by the County. Monitoring will include determination of actual trap removal
counts of complete or partial traps and coordination with FEMA, the State of Florida, or
Monroe County for verification of such counts.
Appendix E
6/28/2006 4:46:00 PM
• Monroe County will maintain an independent monitoring team representing the County as
the project applicant.
• DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA, the State of Florida, and the County
• DRC through separate sub-contract(s) will accept the assistance of any other valid,
qualified contractor as needed to assist in this project. DRC reserves the right to solely
determine if the sub -contractor in question is qualified to participate in this project.
Canal and Near Shore Debris Clean-up
DRC will be responsible for managing the removal and disposal of marine debris in manmade
canals which has resulted from the impacts of the 2005 and subsequent hurricane seasons within
the life of the Agreement. Efforts are to include the identification of locations in the water of
where significant marine debris exists, contracting with local marine contractors to, locate,
remove, and dispose or marine debris, and oversight of field operations for the project.
Detailed Responsibilities:
• DRC will be responsible for locating appropriate Temporary Debris Sites and Reduction
Sites
• Management and oversight of County designated temporary debris sites for storage of
marine debris prior to appropriate final disposal.
• Determine locations of marine debris in manmade canals within an area to include Key
West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to
include the municipalities. The definition of manmade canal shall be that found in the
Monroe County Code of Ordinances as follows:
Man-made water body means a water body that was created by excavation by mechanical means
under human control and shall include a canal, cut basin, or channel where its edges or margins
have subsequently been modified by natural forces (See Definitions, Chapter 9.5-4 (M-4).
(1) For the purposes of this chapter, such water bodies may have natural components, for
instance a channel or canal may have been dredged such that the dredge material was used to
create land on one side, but not the other, thus leaving a relatively natural shoreline on the
opposite side.
(2) Also for the purposes of this chapter, the man-made water body must have 'Buildings, " as
defined in Chapter 9.5-4 (13-9), along its shoreline to be applicable. If buildings are not present
on a given shoreline on the date of adoption of this ordinance, but such buildings are constructed
at a later date, then this ordinance becomes effective at that time.
• Assess total potential volume or appropriate metric (linear feet of canal, tons, etc.) for the
amount of marine debris likely to be removed and disposed of. Marine debris should
include such material that is visible on or just under the waters surface and that would
Appendix E
6/28/2006 4:46:00 FM
cause a hazard to safe navigation or be a potential risk to human health if not removed.
Such marine debris should not be debris attached to personal property unless permission
is provided to remove such debris. An effort should be made to contact a property owner
to obtain permission to remove material that is obviously debris, but which may be tied or
otherwise affixed to land for reasons of maintaining clear navigation.
• Complete Contracts for Service with local marine contractors to remove debris from
manmade canals located in the project work area.
• DRC will provide supervision for project oversight efforts as required by FEMA or the
Natural Resources Conservation Service (NRCS) (U.S. Department of Agriculture), the
State of Florida, and the County in coordination with County staff and/or a monitoring
firm employed by the County.
• Monroe County will maintain an independent monitoring team representing the County as
the project applicant.
• DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA or NRCS, the State of Florida, and the
County
Abandoned Vessel Recovery and Disposal
DRC will be responsible for managing the removal from the water, impound and auction or
disposal, of abandoned vessels surrounding the Florida Keys which are largely, but not
exclusively, the result of impacts of the 2005 and subsequent hurricane seasons within the life of
the Agreement. Efforts are to include the detailed cost assessment for the removal of larger
vessels which are located in shallow waters and are hard aground. Work will also include
obtaining necessary salvage approvals through applicable state and federal agencies, including
the Florida Keys National Marine Sanctuary, the United States Coast Guard, the U.S. Fish and
Wildlife Service, and the Florida Fish and Wildlife Conservation Commission.
Detailed Responsibilities:
• DRC will be responsible for locating appropriate Temporary Debris Sites and Reduction
Sites
• Determine current locations of remaining abandoned vessels and determine the least
costly approach for salvage or disposal as appropriate. Maps provided show approximate
location of vessels after Hurricane Wilma. Additional information may be available
concerning their current disposition.
• In the event of future storms and similar impacts, staff will work with DRC to locate and
map vessels and other marine debris post each event. Such products will supplant the
maps provided herein.
Appendix E
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Appendix E
6/28/2006 4:46:00 PM
Appendix E
6/28/2006 4:46:00 PM
• Management and oversight of County designated temporary debris sites for storage of
marine debris prior to appropriate final disposal.
• Assess total potential value of the removal operation whether by means leading to
disposal or by means appropriate for salvage and sale for cost.
• Work with local, state, and federal agencies to approve salvage plans for vessels that are
located on sensitive marine or wetland resources, including shallow water seagrass areas
and mangrove communities.
• Prior to ultimate removal from the marine environment, reach agreement with local, state,
and federal agencies on which abandoned vessels will be "eligible" under FEMA's
eligibility guidelines.
• Prior to ultimate removal from the marine environment, reach agreement on which
vessels will be removed for disposal and which will be removed to a holding site for cost
recovery through sale to an original owner or auction.
• DRC will provide supervision for project oversight efforts as required by FEMA and the
County in conjunction with County staff and/or a monitoring firm employed by the
County.
• Monroe County will maintain an independent monitoring team representing the County as
the project applicant.
• DRC will be responsible for all project oversight where salvage plans have been applied
for and approved and necessary salvage criteria or constraints are imposed by approving
agencies.
• DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA and the County
Appendix E
6/28/2006 4:46:00 PM
EXHIBIT B
FEE SCHEDULE FOR MARINE DEBRIS
Appendix E
6/28/2006 4:46:00 FM
Trap Debris
FEESCHEDULE
Cost per Trap Removed
Shallow Water (0-2') Channels (2' plus)
$ 41.50 34.20
Assumptions:
1. Concrete and wood will be disposed of at designated sites on the water, thus per unit
cost is based on delivery of material to these sites and not to temporary land based sites
for transportation to a permanent disposal area.
2. Trap line, trap funnels, and buoys are to be disposed of at appropriate land -based
disposal sites.
3. Cost figures assume fuel costs of $250 per day and a trap retrieval rate of 50 traps per
day to obtain cost of $5 in fuel per trap, regardless of whether working on the flats or in
deeper channels and up to10 mile from land.
4. A modified fuel allowance may be required for the area west of Key West.
6. Assumes that 4 traps equate to 1 cubic yard of material
7. Assumes that partial traps will be billed at '/2 trap and at '/2 the cost noted above,
exclusive of fuels costs and tipping fees.
8. The successful respondent will work with local commercial fisherman and other
capable and interested parties as sub -contractors for this project.
9. Load and haul to TDSRS, any necessary separation and reduction cost, and haul out to
final resting place of trap line, floats, and funnels must be considered in any price quote
provided. Tipping fees from final disposal of all canal/waterway debris brought to land
will be a pass through cost to be determined upon designation of final disposal facilities.
Canal Debris
Costs for Canal Debris Removal
C & D debris removal from canals.
Vegetative debris removal from canals.
$ 19.58 per linear foot cleaned
$ 19.58 per linear foot cleaned
Suggest method for determining location of sunken debris between 0 and 8 feet of depth,
validating its existence and verifying its removal. The approach provided should
minimize the time spent in making such determinations (i.e , existing data and
photography). Cost to be considered as part of debris removal process.
* Assumptions:
Appendix E
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1. Load and haul to TDSRS, any necessary separation and reduction cost, and haul out to
final resting place of marine debris must be considered in any price quote provided.
Tipping fees from final disposal of all canal/waterway debris brought to land will be a
pass through cost to be determined upon designation of final disposal facilities.
2. Items of special concern (Hazmat materials, etc.) should be considered in the price
quote provided.
Vessel and Other Open Water Marine Debris
Labor and Cost of boat and vessel removal
Boats/Vessels retrieved from the land by means of various equipment. No water borne
equipment.
$ 150.00 per linear foot of vessel
Open Boats and Skiffs up to 18 feet in length retrieved from the water by means of
various equipment, including barges, cranes, boats, etc.
Non Salvageable: $_2500 per linear foot of vessel
Other Boats/Vessel up to 35 feet in length retrieved from the water by means of various
equipment, including barges, cranes, boats, etc.
Salvageable: $ 150.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Other Boats/Vessel in excess of 35 feet in length retrieved from the water by means of
various equipment, including barges, cranes, boats, etc.
Salvageable: $ 250.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Houseboats and larger vessels that may create some difficulty in removal because of
location (edge of islands or in the mangroves, hard aground etc. — Lady Luck / Legacy
excluded) retrieved from the water by means of various equipment, including barges,
cranes, boats, etc.
Salvageable: $ 400.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of
vessel
Per day fees for storage/dockage for salvaged boats/vessels.
$ 35.00 per unit/daily
Appendix E
6/28/2006 4:46:00 PM
Respondent responsible for providing storage / dockage site.
Water based marine debris found outside of canals including offshore collection and
transport to offloading site:
$ 50.00 per cubic yard collected
* Assumptions:
1. Load and haul to TDSRS, any necessary separation and reduction cost, and haul out to
final resting place of all marine debris must be considered in any price quote provided.
Tipping fees from final disposal of all canal/waterway debris brought to land will be a
pass through cost to be determined upon designation of final disposal facilities.
2. A quote for Vessels of special consideration - houseboats, larger vessels on islands, or
surrounded by trees should be provided above. The removal of these vessels may require
unexpected additional effort and further negotiation may be allowed on a case by case
basis.
3. Substantially intact vessels (Greater than 80 %) are not considered to be marine debris
and will be billed by the linear foot.
Appendix E
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