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2009-21 Bland & Associates, Inc. Archaeological and Historic Preservation Consultants GA Charleston, SC Jacksonville, FL Atlanta , 2 September 2009 Barbara Hollerand, Planner James Hitt, Planning Director Darren Gray, Assistant City manager City of Clermont Planning Department 685 West Montrose Street Clermont, Florida 34711 Ph. 352-394-4083 RE: The Inland Groves Parcel Phase I Survey, Lake County, Florida Proposal /Contract - BAIJ09010257.01 Dear Ms. Hollerand, Mr. Hilts, and Mr. Gray: Bland & Associates Inc., (BAI) is pleased to have the opportunity to provide you with our credentials for performing the requested services. BAI has the professional qualifications and capabilities at both the individual and corporate levels to conduct this work on your behalf. Our staff is intimately familiar with the current municipal, county, state, and federal statutes pertaining to the management of cultural resources. We have a high degree of understanding of the types of individual tasks and challenges that may arise, and we strive to ensure that each delivery order is completed on-time, and within budget. Our past experience throughout the Southeast clearly demonstrates our ability to undertake contracts of this magnitude and complete them in the most responsive, creative, and efficient manner possible. The tasks outlined in your request are typical of those handled by the BAI cultural resource team on a frequent basis. During their careers, the principal members of the BAI cultural resources assessment team have performed over 780 archaeological projects of many types over a period spanning approximately 20 years. Mr. Myles Bland, Principal Investigator, has extensive experience locating and excavating a variety archaeological site types in many different settings. He is a museum professional as well as an archaeologist, and he has dealt with public visitation issues and the preparation of brochures and teaching materials, as well as other related tasks. Other staff members have also participated in archaeology projects throughout the Southeast. Mr. Sidney Johnston serves as BAI historian, and he has recorded and documented 30,000 historic resources since 1988. Phone: I-$00-60~-4478 "I~elecopier: I-877-73~-7402 Website: www.blai~d.cc E-mail: mbland(c~bland.ec 4104 St Augustine Road 3210 Post Woods Drive. Suite K (525 Fairway Drive Jacksonville, FL 32207-6609 Atlanta, GA 30339-3423 Charleston, SC 29412-2635 The Inland Groves Parcel Phase I Survey, Lake County, Florida Proposal /Contract - BAIJ09010257.01 Page 2 The types of projects conducted by BAI staff members have included cultural resource reconnaissance surveys, Phase I surveys, Phase II test excavations, complete data recoveries as part of Phase III mitigations, archaeological monitoring, cemetery mapping and documentation, the identification and evaluation of historic structures according to HABS-HAER (federal) standards, and the preparation of 145 NRHP nominations. Overall, we have the extensive experience your project requires, and we can perform all of the tasks specified in your request. We consider our strengths as consultants to be: 1. we conduct archaeological and historic preservation consulting only, and as a result we avoid the high costs associated with the extended overhead structure required of amulti-faceted consulting firm; 2. a strong emphasis on responsiveness and adaptation to changing situations; 3. our home office in Jacksonville, where all of our senior personnel reside; 4. archaeologists and historians with extensive Florida experience and education; 5. we are a Florida corporation in good standing that has been previously awarded archaeological contracts by the Florida Department of Environmental Protection; 6. experience completing all required forms and reports in accordance with Chapter 1A-46; 7. a proven track record of cooperating with governmental agencies, especially Florida's Division of Historic Resources; 8. An ability to provide an extensive range of specifically requested services, handled by skilled, experienced personnel; 9. an ability to perform multiple tasks in a timely manner; 10. an emphasis upon always getting the job done right, the first time; 11. a reliance upon personal and corporate, technical proficiency. In conclusion, thank you for calling upon BAI to provide this information. If we can be of additional service or can answer any questions regarding the enclosed technical or cost proposals, please do not hesitate to contact us at any time (1-800-605-4478; www.bland.cc). We look forward to working with you now, and in the future. Most Respectfully, BLAND & ASSOCIATES, INC. Myles Bland Myles C. P. Bland (mbland@bland.cc) Registered Professional Archaeologist No. 10650 Phone: I-800-605-4478 Telecopier: 1-877-735-7.303 Website: www.bland.cc E-mail: mbland~a~.bland.cc 1104 St. Augustine Road 3210 Post Woods Drive. Suite K 1525 Fairway Drive Jacksonville, F'(_. 32207-6609 Atlanta, GA 30339-3423 Charleston, SC 294 1 2-263 5 The Inland Groves Parcel Phase I Survey, Lake County, Florida Proposal /Contract - BAIJ09010257.01 Page 3 TECHNICAL PROPOSAL & PRICE QUOTATION FOR A PHASE I SURVEY (GRAS) For a phase I survey, which is also sometimes referred to as a cultural resource assessment survey (GRAS), the goal is locate, delineate, identify, and evaluate all cultural resources within the project tract. Cultural resources typically of consist of historical resources such as archaeological sites and historic structures, as well as other objects associated with human activity. Any cultural resources within the project tract will be evaluated for eligibility for listing in the National Register of Historic Places (NRHP) in accordance with National Register Criteria (36 CFR 60.4), and in consultation with the Florida State Historic Preservation Officer (SHPO). This project will be conducted in compliance with the requirements for a cultural resource assessment survey (DHR 1990), Florida Administrative Code (FAG) Chapter 1 A-46, and local ordinances. All required forms, such as the FMSF logsheet, will also be filed with the Division of Historic Resources (DHR). Prior to the initiation of fieldwork, extensive background research will be conducted. This research will consist of: a review of the American Battlefield Protection Program (ABPP) database to check whether the project tract encompasses any historical battlefields; a review of the Scenic America Organization (SAO) and the Alliance of National Heritage Areas (ANNA) holdings to determine the presence of historic corridors; an examination of United States Department of Agriculture, Soil Conservation Service (USDA-SCS) soil maps for the site; perusal of aerial photographs to identify anomalies, waterways, vegetation patterns, and greatly disturbed areas; the attainment of familiarity with the USGS topographic quadrangle maps of the area so that elevation data could be utilized to pinpoint possible site locations; an investigation of previous archaeological research pertaining to the region; title research and historic documentation of land use; and interviews with local inhabitants. We have extensive experience working within parks in the state of Florida. We will specifically develop extensive historic documentation of the project tract so that interpretive signage, outdoor exhibits, or place-names might be abstracted from the report text whenever the need arises. The results of other cultural resource assessment surveys conducted in this region of Florida, combined with the specific topographic and soil characteristics of the project area, as well as the historic development pattern of the site, suggest where archaeological deposits might be encountered. Shovel testing will focus upon these likely areas, as well as the more elevated and somewhat better drained landforms. In addition, close attention will be paid to vegetational patterns; vegetational patterns can often indicate what might lie below the surface. All of this data will be synthesized into an appropriate research design and testing strategy that adequately examines the project tract. Field methods to be used during the proposed investigation will consist of subsurface testing and surface inspection in areas of exposed ground surface. Shovel testing will be performed at Phone: I-80U-605-4478 ~I'elecopier: 1-877-735-7=103 Website: www.bland.cc E-maiL• mbland~z~bland.cc 4104 St. Augustine Road 3210 Post Woods Drive, Suite K 1525 Fairway Drive Jacksonville, F'I. 3220?-6609 Atlanta, GA 30339-3433 Charleston. SC 29412-2635 The Inland Groves Parcel Phase I Survey, Lake County, Florida Proposal /Contract - BAIJ09010257.01 Page 4 systematic 30, 60 and 90 -meter (m) intervals in areas judged most likely to contain archaeological sites. As recommended by the office of the Florida SHPO, all shovel tests will be approximately 50-cm square and dug either to a depth of one meter or until the spodic horizon or water table was encountered. Soils will be screened through '/a" mesh. Surface inspections will be made of all clearings and disturbed areas, such as dirt roadways, animal burrows, clearings, ditch berms, and tree falls in search of cultural remains. Relevant field information will be recorded in project field books. For each shovel test, this information will include its number and location, soil conditions, stratigraphic description, degree of disturbance, and environmental setting. At BAI, we know that accurate data is essential for the production of high quality reports. All levels of our work are subject to rigorous QA practices. These practices ensure continual monitoring of a project's progress, and they constitute an ongoing management plan. Our method of maintaining schedules involves routine progress reports, and the use of scheduling software so that schedules and workloads are maintained. BAI projects follow awell-supervised path from initiation to completion to ensure that projects remain on schedule. Once a specific project has been approved by the client, individual team members are assigned to specific job tasks, and specific dates for project milestones are established. The project status is reviewed by the Principal Investigator, who confers with the project team members in advance of each milestone date to review the progress of each project. This proactive approach provides our staff with the necessary information to identify and alleviate any potential problems before they materialize. While unforeseen circumstances such as weather can sometimes hinder a project, we always maintain our schedule. In addition, we can also accelerate any timeline if it is desired by the client. Overall, we can assure you that this project will be assigned a top position in our tasking order. Following the completion of fieldwork, a final project report that will meets all applicable state and federal requirements regarding content and quality will be promptly prepared. BAI consistently produces a high quality product by utilizing a standardized report production process that produces results relevant to the project at hand. Our staff members have consistently combined the theoretical background of cultural resource evaluation field techniques, clients' needs, and current regulations. Our final report will include site evaluations, site file forms, and appropriate graphics, tables and references. Report production, FMSF form completion and agency submittal will be conducted in Accordance With: The Historic Preservation Compliance Review Program of the Florida Department of State, Division of Historical Resources (DHR 1990) and Florida Administrative Code (FAC) Chapter 1A-46; Section 106 of the National Historic Preservation Act of 1966 (PL 89-665, as amended); implementing regulations of the Code of Federal Regulations (CFR), Title 36, Chapter VIII, Part 800 (36 CFR 800, as amended, 1999). Following submittal, BAI staff will communicate with agency staff during the review process, in order to complete any necessary negotiations on behalf of the client to achieve successful conclusion of the project. We look forward to completing the above-mentioned Phone: I-800-605-4478 "1`elecopier: I-877-735-7402 Website: www.bland.ec E-mail: mbland~cr~bland.ec 1104 St. Augustine Road 3210 Post Woods Drive, Suite K ] 525 Fain~ay Drive Jacksonville, FL 32207-6609 Atlanta, GA 30339-3423 Charleston, SC 29412-2635 The Inland Groves Parcel Phase I Survey, Lake County, Florida Proposal /Contract - BAIJ09010257.01 Page 5 services on your behalf. The following price quotation is between Bland & Associates, Inc., (BAI) and you (the client). CONTRACT FOR SERVICES The following Contract for Services is an agreement between Bland & Associates, Inc., (BAI) and you (the Client), in accordance with the terms specified herein. The Client agrees to compensate BAI for the services described herein. Please note that under our Terms section at the end of the proposal, you as the client assure BAI that we have permission to access the project tract, and that payment for the services described herein is due upon completion of BAI services, regardless of whether or not the project proposed by the client is realized. Please approve the proposal by signing the enclosed document and returning it to me by mail, a-mail (mbland@bland.cc), or toll-free fax (1-877-735-7402). A city purchase order (PO), Notice to Proceed (NTP), work invoice, or other instrument is also quite sufficient; we have worked with the City of Clermont before, and we have no concerns regarding bill payment. Please contact us at any time with any questions you might have. We look forward to working with you now, and in the future. SCOPE OF SERVICES FIXED FEE Task 1. Terrestrial Cultural Resource Assessment Survey of the Entire $12,384.00 Subject Property, in Accordance With: The Historic Preservation Compliance Review Program of the Florida Department of State, Division of Historical Resources (DHR 1990) and Florida Administrative Code (FAC) Chapter 1 A-46; Section 106 of the National Historic Preservation Act of 1966 (PL 89-665, as amended); implementing regulations of the Code of Federal Regulations (CFR), Title 36, Chapter VIII, Part 800 (36 CFR 800, as amended, 1999). Report preparation and submittal to: the Division of Historical Resources (DHR), Florida Department of State, and the client. Parcel (s) defined as the 217+/- acre, Inland Groves Parcel in Lake County, Florida. Task 2. Additional requested services outside the scope of the tasks Time & outlined above, such as on-site or off-site meetings, public Materials hearings, management plans, phase II /phase III /monitoring work, etc., will be completed on a time and materials basis, upon approval. Phone: 1-800-605-4478 Teleconier: 1-877-735-7402 Website: www.bland.cc E-mail: mbland(r~bland.ec 1104 St. Aubustine Road 3210 Post Woocis Drive. Suite K 1525 Fairway Drive Jacksonville, FI_. 32207-6609 Atlanta, GA 30339-3423 Charleston. SC 294E-2635 The Inland Groves Parcel Phase I Survey, Lake County, Florida Proposal /Contract - BAIJ09010257.01 Page 6 TERMS: * Bland & Associates, Inc. (BAI), will complete the work described in the scope of work listed above in a professional, competent, and timely manner unless delayed by unavoidable factors beyond its control including, without limitation, Acts of God, weather, war, the specific request of the Client, or a lack of information. No delay due to such factors shall be deemed a default on the part of BAI. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any alteration or deviation from the above specifications involving extra cost will only be executed upon the Client's written orders for same, and will be charged to the Client at BAI's then effective rates. It is expressly understood that this undertaking is not a joint venture or partnership. This contract shall terminate automatically upon completion by BAI of the services specified in this agreement. This contract shall be deemed null and void if not signed by the Client within forty-five days of being signed by BAI. BAI rates are subject to change from time to time. The Client will provide BAI with all necessary information (maps, documents, etc.) and proper procedures (i.e., keys, combination codes, contact personnel information, etc.) for entering the project tract. The Client assures BAI that it is legally authorized to enter and work upon the project tract.BAI will maintain insurance policies of at least $1,000,000 professional liability coverage, and other insurance deemed necessary for the life the project. BAI will be provided with any specialized billing formats, programs, invoices, or any other considerations with the signed contract, prior to the first BAI billing cycle of that project. BAI fees exclude any permit application fees, which are the responsibility of the applicant. BAI invoices every 30 days. The Client agrees that full payment for the invoice is due immediately upon receipt of the invoice. After 30 days from the date of the invoice, the Client agrees to pay a monthly accruing 1.5 percent, processing fee on the unpaid balance, as well as the unpaid balance itself. Final payment for the services described herein is due upon completion of BAI services, regardless of whether or not the project proposed by the Client is realized. Invoices unpaid after 60 days from the date of the original invoice will be considered by BAI to be a material breach of contract. BAI may immediately suspend field and office tasks associated with the contract, and may withhold all work product, without penalty from the Client. To the extent that the Client asserts a claim against BAI for breach of this agreement or professional negligence in connection with the services provided by this agreement, the Client agrees that BAI's liability pursuant to such claim shall not exceed the total amount of compensation paid to BAI pursuant to this agreement. !~/h Terms of Note Specific to this Project: This contract incorporates the addendum issued by the f/ V City of Clermont. Phone: I-800-605-4478 Tele~:opier: I-877-735-7402 Website: www.bland.ce E-mail: mbland~bland.cc 410=1 St. Augustine Road 3210 Post Woods Drive, Suite K 1525 Fairway Drive Jacksonville, FI. 32207-(1609 Atlanta. GA 30339-342; Charleston, SC 29412-2635 The Inland Groves Parcel Phase I Survey, Lake County, Florida Proposal /Contract - BAIJ09010257.01 Page 7 TERMS ACCEPTED BY CLIENT: BLAND & ASSOCIATES, INC. ature: - r r" _ $ /~/~ -- Signature: Name ~p~~t>: ~C~t[~'C~ ~ ~ Ss ~~ ~ V i ~ ~r-_ Name: Myles C. P. Bland, RPA License # 10650 r Firm ~~ 5 ~ _ ~N ~~rti, c a, Title: ~~ q ~ ~~ ~- F r,~~;~ i D /~C' , Purchase Order No.- Client's Tracking No.- *********IMPORTANT********** Firm: Bland & Associates, Inc. (BAI) Title: President Date: 2 September 2009 Project Name As Specified y Client J If different from above, please specify billing address/contact information. Contact Information: Phone Number: FAX Number: Mobile/Cell: E-Mail: Website: Phone: I-800-605-4x78 ~Telecopier: I-877-735-7402 Website: www.bland.cc F-mail: mbland~a~bland.cc 4104 St. Augustine Road ;210 Post Woods Drive, Suite K 1525 Fairway Drive Jacksonville. FL 32207-6609 Atlanta. GA 30339-3423 C1larleston. SC 29412-635 The Inland Groves Parcel Phase I Survey, Lake County, Florida Proposal /Contract - BAIJ09010257.01 BAI-Providing the Best Solutions to Your Archaeological and Historic Preservation Questions Page 8 General Archaeological Services Specialized Archaeological Services Site File Search Mechanized Archaeology Phase 1 a/ Reconnaissance Survey/ CRA Underwater Archaeology Phase U Intensive Survey/ Testing Battlefield Archaeology Phase I Cell Tower, Pipeline, and ROW Surveys Cemetery Studies Physical Anthropology Phase IU Site Testing/ Evaluation Preparation of Regulatory Compliance Documents Phase III/ Mitigation/ Data Recovery Preparation of Cultural Materials for Curation On-Site Archaeological Monitoring Traditional Cultural Properties (TCP) Studies of Public Lands Tribal Consultation Technical Sub-Specialties Historic Preservation Services Paleoethnobotanical Analysis Historic Structure Documentation (HABS/ HAER) Zooarchaeological Analysis Public Interpretation Conservation Services Public Participation and Coordination Radio-Carbon Dating National Register (NRHP) Nominations Petroglyphs/Rock Art Management Plans Neutron Activation Analysis Community and Corporate Landscape Histories Geographic Information Systems (GIS) Community Preservation Planning Global Positioning Satellites (GPS) Heritage Tourism Georectification Resource Sensitivity Modeling Georarchaeology Alternatives Analyses Impact Studies Expert Witness Deed Search E?hone: i-800-605-478 Telecopier: 1-877-73>-7-103 Website: www.bland.cc E-mail: mhland~h)bland.cc ~#10=1 St. Augustine Road 3210 Post Woocis Drive. Suite K 1525 Fairway Drive Jacksonville, FL 32207-6609 Atlanta, GA 30339-3433 Charleston, SC 29412-635 ADDENDUM TO CITY OF CLERMONT AND BLAND & ASSOCIATES, INC. AGREEMENT FOR ARCHAEOLOGICAL ASSESSMENT AND HISTORICAL PRESERVATION SERVICES FOR INLAND GROVES PROPERTY This Addendum is to that certain agreement executed contemporaneously herewith regarding the project described as "The Inland Groves Parcel Phase I Survey, Lake County, Florida BAI Proposal /Contract - BAIJ09010257.01" (the Agreement) between the CITY OF CLERMONT, FLORIDA, hereinafter referred to as "CITY" and BLAND & ASSOCIATES, INC., hereinafter referred to as "BAI". The parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as follows: 1. This addendum expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Addendum shall prevail. 2. The Terms of the Agreement are hereby amended to provide as follows: a) Any claim, dispute or disagreement between the parties shall be resolved in accordance with the laws of the state of Florida. In the event of litigation, neither party shall be entitled to recover attorney fees. Venue for any such litigation shall be exclusively in Lake County, Florida. b) Indemnification and Hold Harmless To the extent permitted by laws and regulations, each party hereto, ,shall indemnify and hold harmless the other party, its officers, directors, agents, guests, invitees, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to attorney fees and court costs) either actual or threatened, arising out of or resulting from any acts of commission, omission or negligence by the indemnifying party. Provided that no provision herein shall be construed, be deemed or act as a waiver of any sovereign immunity that CITY may enjoy. 3. The following additional terms and conditions are added to the Agreement: a) Term. This Agreement shall take effect when executed by both parties and shall continue, unless terminated in the manner provided in this Agreement, until the services contemplated and authorized in the Scope of Services have been completed, whereupon, it will automatically expire. b) Independent Contractor. The parties agree that at all times and for all purposes within the scope of this Agreement, the relationship of CITY and BAI is that of an independent contractor. Therefore, BAI shall not have the authority to bind, contract for or obligate CITY in any manner related to the services contemplated in the Agreement 1 c) BAI represents and warrants that the services contemplated in the Agreement shall conform to all requirements of this Agreement; shall be consistent with recognized and sound professional practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the services rendered. d) BAI represents that the personnel furnishing such services shall be qualified and competent to perform the services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 4. All other terms and conditions set forth in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties. 'IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum for the purposes herein expressed on the dates set forth below. CITY OF CL T BLAND & ASSOCIATES, INC. By ~ Ju ~ v ~ t~ Myles Bland, President Title ~ c C_Y' Date: ~ L~ ~ Date: 2