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2nd Amendment 03/23/2017County of Monroe ne Florida 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 TO: Pamela Hancock — Executive Assistant BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District 1 Sylvia I Murphy, District 5 FROM: Lindsey Ballard, Aide to County Administrator \5V DATE: March 24, 2017 SUBJECT: Small Contract for your records Second amendment to contract to add two additional monitoring wells. This small contract is for your records only. Enclosures: GHD Services, Inc. — 1 Copy Thank you, Lindsey Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000 Contract with: GHD Services, Inc. Contract # Effective Date: Expiration Date: Contract Purpose/Description: 2nd amendment to contract to add 2 additional monitoring wells. Contract Manager: Doug Sposito Project Management (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ N/A Current Year Portion: $ N/A Budgeted? Yes❑ No ❑ Account Codes: - - - - Grant: $ N/A County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVI W Changes Date Out Pall In Needed Reviewer Department Head ll- Yes❑ NoF�r S �► �- Risk Management ,3&- i ) Yeso NoW df- ( 7 O.M.B./Purchasing Tl Yes❑ No[�J- 3 as fI County Attorney 3 !� Yes❑ NoV /2/) 7 I Comments: .twin rorm Kevisea z1z //u i muF i71 March 15, 2017 Mr. Doug Sposito Director of Project Management Monroe County Engineering 1100 Simonton Street, 2-216 Key West, FL 33040 Dear Mr. Sposito: Re: Jobber Inc 255 Tavernier Street Key Largo, Florida Facility ID No. 448626406 FDEP PO AF12C1 Reference No. 11122167 Attached please find four signed original hard copies of the access agreement for 151 Marine Avenue in Tavernier, Florida. Sincerely, GHD oel';�� 66,ta'VeC4, Jenna Martin, P.E. Project Manager JM/SS/2 Encl. GHD Services Inc. 4019 East Fowler Avenue Tampa Florida 33617 USA T813 971 3882 F813 971 1862 W www.ghd.com IW D1063I RMINVEGW 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 locations of the monitoring wells is attached hereto as Exhibit A. A graphic depicting a cross-section of the monitor well detail is attached hereto as Exhibit B. 2. The Property. Owner owns the certain parcel(s) RE numbers 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. In addition to the well previously installed by the Contractor and identified as MW-5 on Exhibit A, the Department's Contractor may install two additional groundwater wells identified on Exhibit A as MW-7 and MW-8 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 March 28, 2017 and shall terminate on March 28, 2016. 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 Immunit applicable law y. The Department acknowledges and accepts its responsibility under (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. http://depedms dep state fl us/Oculus/servIeUlogin?actionHtg in 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 2 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. 17. Authority. The Contractor warrants that it has been granted all necessary authority by the Department to enter into this Permission and to bind the Department to the representations cont in is P ission. Signature of Monroe County representative R•ol'm w C-10fw i a3 I3 Print Name Date I too w O kii-b h d' rc e t, sa.i to arz-,�S "14 M If f, Fl y, 40 Mailing Address Signature of Witness Print Name Date Olu i a. k- U ndfeg @ moo*cf6mt1j-f1.00 ✓ Email Address Accepted on behalf of the State of Florida Department of Environmental Protection: lk6LtA A. 3�1y/ I-7 'gnature of Contractor Date Print name: Jenna Martin, PE Title: Project Engineer GHD Services Inc. 4019 East Fowler Ave. Tampa, Fl. 33617 LEGEND u•� 0 MONITORING WELL • SOIL BORING POgO OMB A^M/r Cwwwsbni,udL uwL MICROGRAMS Pot LITER VOCs VOLATILE ORGANC COMPOUNDS PA114 POLYCYCUC AAOWTIC NYOROCARBONS U I GWATES TWIT THE COMPNo WAS ANALYZED of FOR BUT HOT DETECTED AS WE THE METHOD DETECTION LIMIT ("X) I THE REPORTED VALUE IS BETWEEN THE LABORATORY CWTIO METTIOD DETECTION lIL9T AND THE LABORATORY PRACM.IIL 01 ATIDN LIMIT OCTL DROIMDWATEA CLEANUP TARGET LEVELS SPECIFED IN TABLE 1 OF CHAPTER s2.77T, iAC RAW NATURAL ATTENW1TA011 DEfA1At sOLRTCE CONCENTUTIOH9 SPECIRED N TABLE V OF CHAPTER B7-,. FAC. BOLD VALUE EXCEEDS CCTL BOLD ITALIC VALUE EXCEEDS NADC AB PROVIDED IN CHAMR s2-660. FAC AREA EXCEEDS LEAD GCTL AREA EXCEEDS TRPH ANOOOR PAH OCTLs A� am NAOe T•r• m 4a- 400 rrrlg4,.r�aq aa- m0 MrMi'I V/I,IerIM1sE1 20 200 Yw,IAA..,.,ry PMWun wpocranrR�I; s.000 70.a00 pry ,� 140 2M�A♦.,AOI..r.Usary 2A 2l0 WsI ,s- ,As ExHisir A = AAIV•J 1fl 1 a Dlsu E 0Ia U 111163 1 1T ?- T 0.40U e 0IDU X IlU E a2s U `w a MTBE 024 U T O.41U TRPH m % 11U N a1:U A/TBE 024 U , I.. O.IS U TAP" lym 2-IA a1BU N olau L SSU 1.M 0.IOU 2-M o.ls u L 22 U • a Mb� B D.NU E O-3s U T a40U X 11U UM 024 U TRP" FMO N Alm 14A Iff 24A "o L SAU htu,8MW4 III e DIAU E 0.7s u T DAV U X I I U MTBE 024 U TRPH rloo N alau 1L alou 24,A &IOU L SS U w- v U4-A U 9U U 4 U2 5u E axU T 0.40U x llu / A x a2A U A . TRPH 7Ta0 N amu 1 N 92 2.LA m%OU r. L gal 1 , • ...� r.r.rr s..� �.+.IA,r.r! .wP�✓W, IwMr�A �.� •...� Or++Pran,,..r.c a,r ly JOBBER INC. - FDEP FACILRY #448626406 .."1eTm D 4an M TAVERNIER STREET. KEY LARGO, FLORIDA I F.b 14 2017 INTERIM ASSESSMENT REPORT GROUNDWATER ANALYTICAL RESULTS FIGURE 5 8"r TRAFFIC WEARING MAWOLE LOCKING EXPANSI N CAP SLOPE To ORAWDO � NOT s, as 1' lu 2W CONCRETE SKIRT -PORIUM CEMENT GROUT a• WOREHOLE SCH. 40 PVC CA.SM FINE Sqm SEPAL a FILTER PACK 20/30 SR[CA SANG I- VaL OEPTH TO BE OETQpIiM IN THE FEW BASED DN WMWAM COND 10 gMp!=---2* SCH. 40, 0.01" SLOTTED. PVC SCREEN Z RIMYANWAYS tU BE COItPLF1ED A7 EXISTING GRADE AT ALL LOCATIONS YMINW RIGHT-OFTur NOT TO SCALE IWO MONITOR WELL DETAIL GHD0000-01 PHILLIP/ A` oRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/30/2016 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 endorsementlsl_ PRODUCER cgME:NTAcT Willis Towers Watson Certificate Center Willis of Massachusetts, Inc. c/o 26 Cantur Blvd PHONE ryy (ac, No, EMI: (877) 945-7378 FAX No)•(888) 467-2378 P.O. Box 305191 no RIEss• certificates@Wllhs.com Nashville, TN 37230-5191 INSURED GHD Services Inc. 2055 Niagara Falls Blvd., Suite 3 Niagara Falls, NY 14304 F: +�aimoCR: 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. YSR .19 TYPE OF INSURANCE ADDL SUER POLICY EFF ! POLICY EXP POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LUU31LnY 1,000 O - CO CLAIMS -MADE X OCCUR JACH $ + X 0310-4497 12/01/2016 12/O1/2017 1,000,0' GEN'L AGGREGATE LIMIT APPLIES PER: I POLICY LA %(?T LOC OTHER: AUTOMOBILE LIABILITY X ANY AUTO BAP 3757423-01 OWNED SCHEDULED 07/01/2016 07/01/2017 —� AUTOS ONLY AUTOS X AUTOS ONLYX AUTOS ONED X Coll Dad: $500 X Comp Dad: $250 UMBRELLA LIAR OCCUR EXCESS LIAR ~_. CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N WC 0380936-01 07/01/2016 07/01/2017 gFFICEandatR/ory in NMEMgH EXCLUDED? N N/A (M If yat, describe under Phys ION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, me be attached If more space Is required) Iect no.: 11122167, Access Agreement, 151 Marine Avenue, Tavernier, Flori3a. County Commissioners of Monroe County is included as an Additional Insured as respects to General Liability where required by contract or it. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners of Monroe County AUTHORIZED REPRESENTATIVE Monroe County Engineering 1100 Simonton Street, 2-216 9UL" avr_ _ ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD