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Item M14County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting January 18, 2017 Agenda Item Number: M.14 Agenda Item Summary #2573 BULK ITEM: Yes DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard (305) 292 -4443 N/A AGENDA ITEM WORDING: Ratification of one small contract with GHD Services, Inc. Signed by the County Administrator. ITEM BACKGROUND: N/A PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Small Contract - GHD Services FINANCIAL IMPACT: Effective Date: 12/13/2016 Expiration Date: 12/13/2016 Total Dollar Value of Contract: $0 Total Cost to County: $0 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Christine Limbert Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed 01/03/2017 5:13 PM Completed 01/04/2017 8:40 AM Completed 01/04/2017 8:41 AM Completed 01/04/2017 8:58 AM Completed 01/18/2017 9:00 AM ffff��Mff-zwffw- "l-Farem - Contract Manager: (Vnef (Ex CONTRACT COSTS MCI n5frelT."P, I Changes Date Out at In Department Head Needed Yes El Noo Reviewer Risk Management Yes F] Noa O.M.B./Purchasing Yes — 1 No County Attorney 17-b-014 Yes F] No2 Comments: MCI n5frelT."P, I 1. The Parties The undersigned real property owner, Board of County Commissioners of Monroe County ( "Owner "), hereby give(s) permission to the State of Florida, Department of Environmental Protection ( "Department ") and GHD Services, Inc., its subcontractors, and vendors (collectively, "Contractor"), to enter the Owner's property specifically identified in paragraph #2 below. A graphic depicting the approximate location of the monitoring well is attached hereto as Exhibit A. A graphic depicting a cross - section of the monitor well detail is attached hereto as Exhibit B. The 2. The Property Owner owns the certain parcel(s) RE 00479100 - 000000 and 00478980- 000000 of real property located at 151 Marine Avenue, Tavernier, Florida 33070( "the Property "). 3. The Source There is a suspected source of petroleum contamination from the facility adjacent to the Property Iocated at 255 Tavernier Street, Key Largo, _parcel # 00478900 - 000000 and FDEP Facility/Project # 448626406. 4. Permissible Activities This Permission to Enter Property ( "Permission ") is limited to activities which may be performed by the Department or its Contractor pursuant to Chapter 62 -780 or 62 -730, Florida Administrative Code, without cost to the Owner, to locate contamination, determine contamination levels which may be performed by the Department and its Contractor. Specifically, the activities will consist of collection of soil, groundwater (including the installation of wells), surface water and sediment samples from the monitoring well. The Department's Contractor may install one groundwater well on the County's property for these purposes. 5. Duration and Work Performed during Business Hours. It is anticipated that installation activities will take 1 day to complete. The well installation activities shall commence on 12/13/16 and shall terminate on 12113116 The Contractor shall sample the well within 45 days of installation. The well will be properly abandoned and all materials and equipment used or the tests shall be removed from the Property and any right -of -way following completion of assessment activities, with approval from the Department. The well will be removed no later than one (1) year from the installation date, unless a prior extension is agreed to in writing by the Owner. The Department and Contractor may enter the Property during normal business hours and may also make arrangements to enter the Property at other times after agreement from the Owner. 6. No Admission The granting of this Permission by the Owner is not intended, nor should it be construed, as an admission of liability on the part of the Owner for any contamination discovered on the Property. 7. Activities Comply with Applicable Laws The Department and Contractor agree that any and all work performed on the Property and in association with this Permission shall be done in a good, safe, workmanlike manner, and in accordance with applicable federal and state statutes, rules and regulations. 8. Well Permits The Owner authorizes the Department and its Contractor to act as its agent in signing all required forms and documents necessary for obtaining applicable permits related to well construction, repair, maintenance, modification, and abandonment pursuant to Chapter 373, Florida Statutes, only after and subject to review and written approval and authorization provided by County Project Management. 9. Equipment Ownership The monitoring wells and remedial equipment installed pursuant to this agreement are the property of the Department. 10. Property Restoration The Department shall pay the reasonable costs of restoring the Property to equal to or better than the conditions which existed before activities associated with contamination assessment were taken. 11. Injury to Department The Owner shall not be liable for any injury, damage or loss on the Property suffered by the Department, Department employees or Contractors not caused by the negligence or intentional acts of the Owner's agents or employees. 12. Sovereign Immunity The Department acknowledges and accepts its responsibility under applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees while on the Property. Monroe County retains and does not waive any of its rights and immunities that it is entitled to pursuant to Section 768.28, Florida Statutes. 13. Public Records All documents created or received associated with the Permissible activities are a public record pursuant to Chapter 119, Florida Statutes. The Owner may retrieve any documents or other information related to the Permissible Activities online using the facility or project number referenced above in paragraph 4. htt :I/ epc s. .state. .us! cu us /sc let/Io_ ?acti2n ! gin 14. Additional work Depending on the results of the tests and sampling there may be a need for placement of monitoring wells monitoring efforts, and remediation work. All of which shall be subject to a separate agreement. 15. Insurance Monroe County shall be named as an "Additional Insured" on the Contractors Commercial General Liability policy. The contractor shall maintain the following types and amounts of insurance: Workers' Compensation: Statutory Employers Liability: $ 1,000,000/$1,000,000 /$1,000,000 Commercial General Liability: $1,000,000 Business Automobile Liability: $1,000,000 Type of Insurance County Forms 16. Hold Harmless and Indemnification The Contractor covenants and agrees to indemnify and hold harmless the Owner from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor occasioned by the negligence, errors, or other wrongful act of omission of the Contractor, its employees, or agents. N kom an naf trfi la le)-,�Vjb LinAi-eq BA-Uav la-ld-dDli Print Name Date Print Name Date i to ov%ronqq? f-trat, 60V Mailing Address Email Address *09),Iq-1 Telephone or Cell Phone Number Accepted by Contractor on behalf of the State of Florida Department of Environmental Protection: Signature o Contractor Date: Print name: Jenna Martin, PE Title: Project Engineer GHD Services Inc. 4019 East Fowler Avenue Tampa, FL 33617 PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: �il-' k9-00 GHD Services Inc. 2055 Niagara Falls Blvd., Suite 3 Niagara Fells, NY 14304 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 s I TYPE OF INSURANCE I ..Mn wrian POLICY NUMBER I eu- A;9'A° tV % I esiea `za' I LIMITS I COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X OCCUR EN'L AGGR GA' LIMIT APPLIES PER: POLICY X JE L OD 13 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AU U T � OS y� A S ONLY p X . AUTO O Coll Ded: $500 X Comp Ded: 5250 )(' 0310 -4497 12/01/2016 12/01/2017 07101/2016 07/0112017 UMBRELLA UAB OCCUR I EACH OCCURRENCE I S EXCESS LIAR CLAIMS -MADE AGGREGATE $ DED RETENTION S B ; WORKERS COMPENSATION x..1$ PER AT 41E, .L — , 1 E AND EMPLOYERS' LIABILTY ANY PROPRIETO A ECUTWE YIN WC 0380936 -01 07/01/2016 0710112017 E L. EACH ACCIDENT � 1,000,000 {Man kn NN) EXCLUDED7 N N A F I_ r1ISFASF. FA FRAPLOYF d s 1,000,000 ION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, ma be attached If more space Is ui ) ect no.: 11122167, Access Agreement, 151 Marine Avenue, Tavernier, Florida. County Commissioners of Monroe County is included as an Additional Insured as respects to General Liability where requ! red by contract or THE EXPIRATION D ATE THEREOF NO TICE ACC RE Board of County Commissioners of Monroe County AUTHORIZED Monroe County Engineering 11 00 Simonton Street / ,...... e - s 25 (2 0 16/03) C- 1988-2016 ACORD r The s'I• r name and logo are registered marks of ACORID 1 9014 MA 2 R1 1 JOKIM Lim F CG 20 10 10 01 I 1;v;T@I 14 1WM!j 14 =FAA =1 :1 =F--1 1111 OEM 401 lliiij�!!1�111111��!11!1 1111111! !!11 illillir: '111 , li:rii ��I ai 1 1 [*01 Name of Person or Organization: Where required by written contract (IT no entul appears OUT% inTormation reqFireo Yo corrpgffl��'I'llilgiiiiiiiiiiiii 1 1 111 1 It! I applicable to this endorsement.) 6 a 00 0 3ArfiEjfM04I74 VA LK-111141 01011gil1 irll - CG 21 10 10 1 1 @ ISO Properties, Inc., 2000 Page I of I a 8*0 TWAC B WMOLE LOCKING EXPANSION CAP 6 DO NOT FILL SLOPE TOO \ 0 2'x2' CONCRETE SKIRT R"- wum 14�w Lf - - � I - mm 1 . WELL 0EP7H TO BE DEMMINED IN THE FIELD BASED ON SUBSURFACE COND11IONS. 2 # :r MI , 31