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2012-63 i A.SCOM AECOM 407 304 4400 tel 320 East South Street 407 304 4401 fax Orlando,Florida 32801 September 17, 2012 Ms Tamara Richardson Director of Utilities and Engineering City of Clermont 685 West Montrose Street Clermont, Florida 34711 Subject: Proposal to Perform Phase I Environmental Site Assessment of Approximately 0.51 Acres of Vacant Lakefront Property Parcel Number 23-22-25-040011700800 Lake Minneola Drive Clermont,Florida Dear Ms Richardson, AECOM Technical Services, Inc (AECOM) appreciates the opportunity to provide The City of Clermont with this proposal to perform a Phase I Environmental Site Assessment(ESA) of approximately 0.51 acres of vacant lakefront property located on Lake Minneola Drive in Clermont, Florida According to information provided by The City of Clermont representatives,the subject property consists of one parcel, identified with the Lake County Parcel Number 23-22-25-040011700800 Phase I ESA Scope of Work The Phase I ESA will be conducted in general accordance with the ASTM E-1527-05 standard AECOM's Phase I assessment will provide information as to the potential that a significant hazardous material or petroleum hydrocarbon release may have occurred on or affected the subject property The Phase I ESA will include the following tasks Site Reconnaissance and interview A visual reconnaissance will be conducted at the site, facilities, and environs AECOM will record observations of the presence or likely presence of conditions that indicate an existing release, a past release, or a material threat of a release of hazardous substances or petroleum products into structures on the subject property or into the ground, groundwater, or surface water of the site Where appropriate, AECOM will record the following observations during the walk through • Site and area vegetation for environmental stress and other ecological disturbances • Site and area for surface features that would indicate filling, impoundments, underground storage tanks, pipelines,wells or other surface penetrations. • The presence of filling or mounding, pits, ponds,or lagoons on the property To enhance and sustain the world's built,natural and social environments { L 1Prolects\Phase IstPROPOSALS1City of Clermont-Lakefront1City of Clermont Phase I proposal Vacant Lakefront Property dock' 7 AECOM 2 • Areas that are identified that use,treat, store,dispose of,or generate hazardous substances and petroleum products and a review of the status of past and current waste generation and management practices at the site • Site and area electrical equipment(e g.,transformers)and substations,and observe labeling that may indicate the owners polychlorinated biphenyls(PCBs)status, and observe leakage, if any. (Note: Fluorescent light ballasts will not be individually inspected for PCB-content, however, AECOM will note leakage, if any) • Potable water supply and/or on-site wells(including dry wells, irrigation wells, injection wells, and other wells) • Wastewater treatment source and/or on-site septic systems • General storm water discharge routes into a drain, ditch,or receiving body of water on or adjacent to the property • Floor drains and sumps on the property • Stained soil or pavement, including stains or corrosion on floors,walls,or ceilings,except for staining from water • Waste handling areas or practices, chemical/industrial processing areas,and general housekeeping practices AECOM assumes that a City of Clermont representative will be designated and made available to ensure proper coordination, answer questions,etc. during our site visit As part of the site reconnaissance activities, AECOM will make visual observations of immediately;adjacent neighboring facilities to the extent that such observations can be made without entering the premises of the neighboring facilities. Physical Setting Information AECOM will establish the physical setting of the subject property by reviewing a United States Geological Survey(USGS) 7.5 Minute Topographic Map showing the areas on which the subject property is located AECOM will review soil, groundwater,wetlands, and floodplain information to the extent it is provided by the environmental database search company(Environmental Data Resources). Site History AECOM will develop a thorough understanding of site history This may be accomplished through interviews with onsite personnel and others identified by The City of Clermont as being familiar with the site, a review of locally available land use records, historical photographs, and topographic maps, etc AECOM will make reasonable attempts to interview individuals with specific knowledge of or familiarity with the subject property, to the extent that such knowledgeable individuals are identified by The City of Clermont or identified during the course of other ESA activities, and that the information likely to be obtained is not duplicative of information obtained from other sources These individuals may be queried in person, by telephone, or in writing. AECOM will review documents concerning past land use, including available site plans, records concerning past industrial and waste disposal practices, and maps when provided by past and present facility owner(s)/occupant(s) Agency Records Review AECOM will order and review an environmental database report for the subject property, and review whether the subject property or neighboring properties(within a specified radius search distance from the To enhance and sustain the world's built,natural and social environments L 1Proiects\Phase Is\PROPOSALStCity of Clermont-Lakefront\City of Clermont Phase I proposal Vacant Lakefront Property dock { 4I E AECOM 3 subject property)are included on the ASTM-specified standard and additional(e g , local)environmental record sources(e.g., spills, landfills/dumps, leaking underground storage tanks) Where appropriate, AECOM will contact state and/or local governmental sources for relevant documents/file information concerning the site and adjoining properties. Freedom of Information Act(FOIA) requests will be made to the appropriate local and/or state agencies requesting information relative to the subject property Files available at local agencies at the time of the site visit will be reviewed, as time permits These inquiries may include the following types of governmental agencies: • Federal, State,Tribal, and local environmental solid and hazardous waste, wastewater sections,etc. • Local fire department • Local health/environmental department • Local agencies responsible for building and groundwater permits that document Activity and Use Limitations(AULs), also referred to as Institutional Controls(IC)and Engineering Controls (EC),for the site AECOM's record review will include those records that are readily available and reasonably ascertainable per the ASTM standard. Report Preparation AECOM will compile and prepare a written report for the site, documenting the scope of work activities and summarizing the results of the assessment. AECOM will provide you with a professional opinion as to the potential for there to be significant on-site contamination,'and recommendations for further work, if any The report will include a site location map, site plan, representative site photographs, and supporting documentation, as appropriate. Phase I Project Cost AECOM will perform the above-described scope of work for a lump sum basis estimated at$4,000 in general accordance with the terms and conditions of the Short Form Consulting Agreement provided as Attachment A. Phase I Schedule AECOM is prepared to begin this project immediately upon receiving your written authorization to proceed AECOM anticipates visiting the site during the week of September 24, 2012 AECOM will provide a verbal and/or email summary of our preliminary findings approximately two days after completing the site visit. One hard copy and one electronic copy(in Adobe®PDF format)of the draft Phase I ESA report will be mailed and emailed to you within two weeks of completing the site visit. The City of Clermont will provide AECOM one set of consolidated comments, of which revisions will be submitted electronically for final review to The City of Clermont no later than three business days following receipt of these comments Upon authorization, AECOM will submit two hard copies and one electronic copy of the final Phase I ESA Report. Please note that regulatory agencies often require a longer time than the above-proposed schedule allows to provide responses to requested information stated in the scope of work To enhance and sustain the world's built,natural and social environments L\ProiectslPhase IsIPROPOSALS\City of Clermont-LakefrontlCity of Clermont Phase I proposal Vacant Lakefront Property docx I , AECOM 4 Phase I Assumptions The cost and schedule for the Phase I ESA was prepared based on the following assumptions • The subject property is located within a single jurisdiction • AECOM will have unrestncted site access dunng normal business hours AECOM will be provided access to all areas of the property dunng normal business hours, and there are no delays in obtaining access A single mobilization to the subject property is included in the proposed costs. If a second mobilization is required, additional costs will be incurred As needed, a The City of Clermont representative or property owner/operator will be available to provide operational and site history data input in a timely manner • AECOM is provided Information relative to any property valuation reduction issues(e g , structural or environmental concerns that result in a price reduction),activity or land use restrictions,and environmental liens and specialized knowledge of the property and surrounding properties,of which the ESA report user may be aware • A site map or equivalent documentation defining the site boundaries will be available to AECOM upon authorization to proceed • AECOM will not conduct measurements or collect samples of any environmental media during the Phase I ESA • Any additional services beyond the scope of work specified in this proposal will be invoiced on a time and materials basis pursuant to the Short Form Consulting Agreement provided as Attachment A The City of Clermont will be notified prior to initiation of additional activities • AECOM's standard electronic invoicing format will be acceptable • AECOM's scope of work and report format is acceptable to The City of Clermont A draft letter report will be provided to The City of Clermont for review and one set of comments/edits will be received by AECOM and incorporated into the final letter report • An environmental lien search of the subject property will not be performed • A Title search is not included in the scope of work • "Non-scope considerations", as defined by ASTM E 1527-05,which are not included in the proposed scope of work,will not be addressed as part of the Phase I ESA A cost and/or schedule adjustment may be necessary if changes to these assumptions occur dunng the course of the project. Phase I Limitations The City of Clermont recognizes that in any project it is not always possible to locate or identify all hazardous materials, substances, or wastes within or surrounding the subject property The City of Clermont agrees that AECOM shall only be required to use reasonable efforts, consistent with the practice of other professionals engaged in similar activities, in the course of fulfilling AECOM's duties under this proposal. AECOM is not responsible for conditions or consequences arising from relevant facts that were concealed, withheld, or not fully disclosed at the time the project was performed To enhance and sustain the world's built.natural and social environments L 1Prolects\Phase Is\PROPOSALS1Cdy of Clermont•Lakefront\Cdy of Clermont Phase I proposal Vacant Lakefront Property docx { AECOM 5 Closing AECOM appreciates the opportunity to submit this proposal and look forward to working with you on this project We look forward to speaking with you soon regarding this proposal In the meantime, if you have any questions or comments, please contact us at(407)304-4447 Yours sincerely, blutrarAwArA4" Amy Tennant, LEP Kathy Fleck, PG Project Scientist Sr Project Manager amy.tennant@aecom corn kathy fleck @aecom.com f ' To enhance and sustain the world's built,natural and social environments L tProtects\Phase Is1PROPOSALS\Cdy of Clermont-Lakefront\City of Cj Clermont Phase I proposal Vacant Lakefront Property dock AECOM 6 ACCEPTANCE OF AECOM PROPOSAL DATED SEPTEMBER 17,2012 REGARDING Phase I Environmental Site Assessment Proposal The City of Clermont Approximately 0.51 Acres of Vacant Lakefront Property Lake Minneola Drive,Clermont, Florida ESTIMATED COST OF$4,000 Accepted by: :or Title: Matte"( Company' 0.._.‘44 CypClef r Y* Date Sep4e.nnber aS, In accordance with the attached proposal dated September 17,2012,and AECOM's General Conditions (Form 102) To enhance and sustain the world's built,natural and social environments L tProlects\Phase Is4PR0POSALS\City of Clermont-Lakefront\City of Clermont Phase I proposal Vacant Lakefront Property docx oM General Conditions 1.ACCESS Client grants or shall obtain for AECOM ("AECOM") and its subcontractors authority to enter the property upon which AECOM's Services are to be performed("Site"),at Client's expense 2. CLIENT INFORMATION Client understands that AECOM is relying upon the completeness and accuracy of information supplied to it by Client and others in connection with the Services without independent verification Client agrees to advise AECOM of the existence of any hazardous substances,wastes or conditions affecting the Site or the Services to be performed hereunder 3. STANDARD OF SERVICES AND WARRANTY AECOM agrees to perform its Services in accordance with generally accepted engineering and construction standards, and scientific practices in effect and utilized by environmental firms in the United States at the time the Services are rendered. The Services may involve the use of tests, calculations, analysis and procedures which are in a state of change and refinement Client recognizes that projects involving hazardous waste sites may not perform as anticipated even though the Services are performed in accordance with the required level of care Given the difficulty in predicting the environmental condition of a site based upon limited sampling and investigative activity, Client recognizes that any statements,opinions and conclusions contained in reports and other documents prepared and/or issued by AECOM are only meant to give approximations of the environmental condition of the Site limited to the particular contaminant(s) and/or environmental issues actually targeted by AECOM's investigation and the portions of the Site actually investigated, sampled or tested by AECOM AECOM shall, for the protection of Client, request from all vendors and subcontractors from which AECOM procures equipment, matenals or services, guarantees which will be made available to Client to the full extent of the terms thereof AECOM's responsibility with respect to such equipment, services and materials shall be limited to the assignment of such guarantees and rendering assistance,to Client in enforcing the same Subject to Section 13,AECOM warrants that, if any of its completed Services fail to conform to the above standard, AECOM will, at its expense and provided AECOM is notified of such defective Services within one°year of the completion of the Services, either perform corrective Services of the type originally performed as may be required to correct such defective Services or refund to Client the amount paid to AECOM for the defective Services. Except as provided in this Section, AECOM makes no other warranty, express or implied, and shall have no other liability to Client for defective Services, whether caused by error, omission,negligence or otherwise 4. CONFIDENTIALITY "Confidential Information" means all technical, economic, financial, pricing, marketing or other information that has not been published and/or is not otherwise available to members of the public and includes, without limitation,trade secrets,proprietary information, customer lists,scientific,technical and business studies,analyses, processes, methods, procedures, policies and information In the event that either party discloses Confidential Information to the other party in connection with this contract (excluding AECOM's Work Product that is delivered to Client or others hereunder), the party receiving such Confidential Information agrees to hold as confidential and to not disclose to others the Confidential Information for a penod of ten (10)years from the date of disclosure These restrictions shall not apply to information that(i) the parties had in their possession pnor to disclosure,(ii)becomes public knowledge through no fault of the receiving party,(iii) the receiving party lawfully acquires from a third party not under an obligation of confidentiality to the disclosing party, (iv) is independently developed by the receiving party, or(v) is required to be disclosed by law or court order. Client agrees that AECOM may use and publish Client's name and a general description of the Services provided to Client in descnbing AECOM's experience and qualifications to other clients and potential clients 5.WORK PRODUCT "Work Product" consists of all reports, notes, laboratory test data and other information prepared by AECOM for delivery to Client Client shall have the right to make and retain copies and use all Work Product, provided, however,such use shall be limited to the particular Site and project for which the Work Product is provided Client may release the Work Product to third parties at its sole risk and discretion, provided,however,AECOM shall not be liable for any claims or damages resulting from or connected with such release or any third party's use of the Work Product,and Client shall indemnify, defend and hold AECOM harmless from any and all such claims or damages 6. INSURANCE AECOM shall maintain Workers' Compensation and Employer's Liability insurance in accordance with requirements of the state in which the Services are being performed, Commercial General Liability insurance with a limit of $1,000,000 per occurrence and in the aggregate for bodily injury and property damage,Automobile Liability insurance including owned and hired vehicles with a limit of$1,000,000 per occurrence and in the aggregate for bodily injury and property damage, and Professional Liability(errors and omissions)insurance with a limit of$1,000,000 per claim and in the aggregate 7. INDEMNITY BY AECOM AECOM shall indemnify, defend and hold harmless Client, its officers, directors, agents employees and affiliated and parent companies against claims, demands and causes of action of third parties (including attorneys fees and costs of defense) for bodily injury, disease or death, and damage of property arising dunng the performance of Services to the extent caused by the negligence or willful misconduct of AECOM 8. PAYMENT & CHANGES Invoices will be issued monthly or twice per month at AECOM's discretion, itemizing the staff categories, hours worked, rates, and the Other Direct Costs Invoices may be sent electronically at AECOM's discretion Copies of supporting documentation will be provided upon Client's request and at Client's expense,to include associated labor and copying costs Original receipts will be available for review at AECOM's Westford, MA office, but will not be released.. Payments can be made by electronic funds transfers to the routing number listed on the invoice or manually to the address appearing on the invoice due within thirty(30)days of invoice date Notwithstanding any other provisions of the Agreement to the contrary, AECOM shall be entitled to additional compensation for work in the event that AECOM experiences any increases in costs due to changes in AECOM's scope of work from that included in AECOM's original proposal or for additional Form 102(01/09) AECOM t nvuonrent work requested by client or changes in the manner or method of performance of work or due to changes in schedule or circumstances not solely caused by AECOM AECOM shall be compensated for all such additional work either (1) as previously agreed in writing by the parties, or(2) on a time and materals basis in accordance with AECOM's then current standard commercial rates 9. REMEDIES Neither party, nor their parent, affiliated or subsidiary companies, nor the officers, directors, agents, employees or contractors of any of the foregoing, shall-be liable to the other in any action or claim for incidental, indirect, special, collateral, consequential, exemplary or punitive damages ansing out of or related to the Services, including without limitation, loss of profits, loss of opportunity, loss of production,or loss of use Any protection or limitation against liability for any losses or damages afforded any individual or entity by these General Conditions shall apply whether the action in which recovery of damages is sought is based upon contract, tort (including, to the greatest extent permitted by law, the sole, concurrent or other negligence, whether active or passive, and strict liability of any protected individual or entity), statute or otherwise To the extent permitted by law,any statutory remedies inconsistent with these terms are waived 10.ENVIRONMENTAL CONDITIONS Client shall provide(or cause the Site owner to provide)AECOM with the identity and location of all subsurface facilities and obstructions on the Site Client agrees to waive any claims against AECOM and to indemnify, defend and hold AECOM harmless from any claims, demands or causes of action for damages to subsurface facilities or obstructions that are not accurately identified or located by Client or others Client assumes responsibility for air, subsurface and/or ground pollution and environmental impairment from toxic substances or hazardous materials existing at the Site and shall indemnify and defend AECOM from any claims,demands and causes of action of third parties related thereto, except where such claims,demands and causes of action are caused by the sole negligence or willful misconduct of AECOM, it being the intention of the Client to assume any liability alleged to have resulted from AECOM's joint or concurrent negligence 11.INDEPENDENT CONTRACTOR AECOM's Services are performed as an independent contractor 12. FORCE MAJEURE AECOM shall have no liability for any failure to perform or delay in performance of the Services caused by circumstances beyond its reasonable control, including, but not limited to, stnkes, riots, wars, acts of terronsm, disease, floods, fires,explosion, acts of nature, acts of government, labor disturbances, delays in transportation or inability to obtain material or equipment 13. LIMITATIONS OF LIABILITY To the greatest extent allowed by law, Client agrees that AECOM's aggregate liability to Client and others for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind or character, arising out of or in any way related to this Agreement, the Services or the Site, shall be limited to the lesser of$50,000 or the total amount of compensation received by AECOM hereunder The parties agree that in any dispute over the terms of this Agreement or any issue ansing under this Agreement,they will make a good faith effort to resolve the matter without litigation Such efforts shall include,but not be limited to,a meeting(s)attended by each party's representative(s)empowered to resolve the dispute The parties agree that before either party commences an action against the other party,they will consider the use of alternate forms of dispute resolution, including mediation (or arbitration if both parties agree to arbitrate the dispute) Pending the outcome of such dispute resolution, both parties shall take immediate steps to mitigate any damages Until such time as the dispute is resolved, AECOM reserves the right to suspend its Services hereunder and shall so timely notify Company 14. OWNERSHIP OF WASTE "Pre-Existing Waste" is any hazardous or non-hazardous wastes, substances or materials existing on the Site prior to the date that the Services are initiated. Upon request, AECOM shall assist Client in the proper handling, storage,transportation and/or disposal of the Pre-Existing Waste in accordance with all applicable federal,state and local laws and regulations Client shall provide appropriate disposal identification numbers,select the disposal site(s)and sign all required manifests, disposal contracts and other documentation necessary to allow AECOM to complete the Services in a timely manner Client agrees to look solely to the disposal facility and/or transportation concern for any damages ansing from improper transportation or disposal of the Pre-Existing Waste In no event shall AECOM take title to or be liable for disposal or remediation costs associated with Pre-Existing Wastes 15. ENTIRE AGREEMENT The terms of this Agreement shall be deemed accepted by Client at the earlier of(1)AECOM's initiation of Services at the verbal or wntten direction of Client or(2)Client's written agreement to be bound by these terms This Agreement constitutes the entire understanding between the parties. Any waiver, modification or amendment of this contract shall be effective only if in writing and signed by an authorized representative of AECOM AECOM hereby objects to any terms contained in any prior or subsequent purchase orders, work orders, invoices, acknowledgement forms, manifests, requests for proposals or other documents received from the Client that would otherwise have the effect of modifying or abrogating these General Conditions in whole or in part If any portion of this contract is held invalid or unenforceable, any remaining portion shall continue in full force and effect. Nothing herein shall be construed to give any nghts or benefits hereunder to anyone other than Client or AECOM There shall be no assignment of the nghts or obligations contained in this contract by either party and any such assignment shall be null and void Either party may terminate this Agreement by giving the other party seven(7)days written notice. Termination of this Agreement or the Services for any reason shall not affect or minimize the respective rights, obligations and limitations of liability contained herein The construction, interpretation and performance of this Agreement and all transactions relating thereto shall be governed by the laws of the state in which the AECOM office that issued the proposal is located • AECOINI Efivvuiime.ot Form 102(01/09)