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1st Amendment 01/18/2017County of Monroe The Florida Keys 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) 292 -4441 — Phone (305) 292 -4544 - Fax MEMORANDUM BOARD OF CO UNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District 1 Sylvia J. Murphy, District 5 TO: Pam Hancock — Executive Assistant FROM: Lindsey Ballard, Aide to County Administrator DATE: January 26, 2017 SUBJECT: Small Contracts approved at 1/18/2017 BOCC Meeting. Item M14 Ratification of one small contract with GHD Services, Inc. signed by the County Administrator. This small contract is for your records only. Enclosures: GHD Services, Inc. — 1 Copy Thank you, Lindsey 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 located 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 12/13/16 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, 1 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. h!tp:Hdepedms. dep. state .fl.us /Oculus /servlet/login ?action =login 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. 2 17. Authori1y. The Contractor warrants that it has been granted all necessary authority by the Department to enter into this issio d to bind the Department to the representations contained in this Permission. Signature of Monroe County epresentative Signature of Witness kkomAr COQJ'yr a- l - lb Print Name Date L-1 , 11APY r -f— / 0 ' �U Kb Print Name Date I 1 JI'YVlbs7CDV) i r–W, PL' D qI,t Glyd. L- 1ytG1 !✓ty(OfYtoh/Del�Durrt�- Mailing Address Email Address Telephone or Cell Phone Number Accepted by Contractor on behalf of the State of Florida Department of Environmental Protection: rniv� 6 1ti' �� salsa IF , Wgnature of Contractor — mate: Print name: Jenna Martin, PE Title: Project Engineer GHD Services Inc. 4019 East Fowler Avenue Tampa, FL 33617 MO 75ffi TTORNEY'S OFFICE STO FORM PA TRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: 177 ® DATE (MNWDIYYYY) aR� CERTIFICATE OF LIABILITY INSURANCE 1 #2712017 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 BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, 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). PROD ER CONTACT Rosalind Jaffe Wells Fargo Insurance Services USA, Inc. 10 S. Wacker, 17th floor Chicago, IL 60606 INSURED Ricondo & Associates, Inc. 20 North Clark St. #1500 N E. Pf1 H HH ,EBB 312- 658 -4182 FAX N ; 312 -658 -4110 E oaEss. Rosalind Jaffe a@weilsfargo com Travelers Indemnity Company 25658 Charter Oak Fire Insurance Co. 25615 Travelers Indemnity Co. of Connecticut 25682 Phoenix Insurance Company 25623 Travelers Property Casualty Co of America 25674 Chicago IL 60602 1 INSURER F: I COVERAGES CERTIFICATE NUMBER: 11369735 REVISION NUMBER: See below Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I 3491 South Roosevelt B ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRES TIVE The ACORD name and logo are registered marks of ACORD 0 1988 -2015 ACORD CORPORATION. All rights served, ACORD 25 (2016103) 113=71 e.0 — l rVEMI r... POLICY NUMBER: 0310 -4497 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- formed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily inju- ry' or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 ir w-.iii► Sy ill. . `1• 1.'r r , j.' /•4 4.1°. . •: Legend ter.. ` ` ,�♦ 4' kt .: �� ' ,. &iv ' . :t1ir t*iCL%‘‘ 41 f „ i H / -- sok , 10,11.-:$ ‘4,,...1/4- . , ,' . irlis.,. t , li. .. ts\ ' .4* ..,..14.. it 4.**."4... . . *' •' • 4r • N\". .. • °I. 4* 10 .1 •V ••‘" • Iti 4.: ' ..\• • • . '` gle A Y , .+ • .11 GOA r . lt,,,, ,,, 'ht. . - s. i ..., , ...:., , . ... %• ^ VV-5 k.245 5 Tavernier Si t3 '! - n Air •• \\,..., . r • 411111atpL Al ` ♦ 44' 1 f 4 . . • IS lik ;' N 11'1'4 ' .r • .... \4'0'. a • « ‘ f•1` • Iti 111 --Wit. " ' ,; e ► •f .� Eoogle ea rt', �``� ,r • �, 1 '.r� , . • a".• TRAFFIC BEARING MANHOLE k• LOCKING EXPANSION CAP t• " SLOPE TO ORAIN-\ .E.7FILNLOT EXISTING GRADE IL \c3 3c2 4- NCRETE SKIRT 1-","'"- 2. ' CO -..--PORTLAND CEMENT GROUT -.- 6* BOREHOLE 2" SCH. 40 PVC CASING .5 BLS A-.--30/65 FINE SAND SEAL - & 1' BLS .4,.0 ( ....:................... .r.......: :•:::::: Z.'i ::::•:: 5..:.:." .5:i:. .:77. •XE 2' BLS :•::::::: ::::::-.0.-- FILTER PACK 20/30 SILICA SAND ---,:tly.--,,:•:,: NOTES: .............. .....-.... .....-.... .... .... ..... .... .....-.._ .... _.... ....._.... 1. WELL DEPTH TO BE DETERMINED IN THE FIELD •-• ••••..... .... .....-... BASED ON SUBSURFACE CONDITIONS. f.i.::i:ig-::..... 2. SCH. 40, 0.01° SLOTTED, PVC SCREEN 2. FLUSH MANWAYS TO BE COMPLETED AT ,..... .... ..... ..... EXISTING GRADE AT ALL LOCATIONS WITHIN ......-.-....-..• ....._....--- .„_..„._.„ RIGHT-OF-WAY. .%:•:•:-:=•:•:•.7 --••••....._... .... .... 12' BLS 2::1113 Lch‘be i. .. NOT TO SCALE ,ii r MONITOR WELL DETAIL 02350441 R•rrni elm*rs