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Contract 2023-067AINTERLOCAL FUNDING AGREEMENT [Soil & Groundwater Testing --- AK #14383731 THIS INTERLOCAL AGREEMENT is made by and between Lake County, Florida, a political subdivision of the State of Florida (the "COUNTY'), and the City of Clermont, a municipal corporation organized under the laws of the State of Florida (the "CITY"). WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, provides that local governments may enter into agreements to make the most efficient use of their powers by enabling them to cooperate with other -localities-on -a- basis -of niutual-advantage and WHEREAS, the CITY owns certain undeveloped real property located off of Max Hooks Road, more particularly identified Alternate Key #1438373 (hereinafter the "Property"); and WHEREAS, the Property was historically utilized as a landfill and dumpsite for municipal waste for an unknown period of time between 1958 and 1983; and WHEREAS, the CITY is interested in potentially conveying the Property to a provider of affordable housing, but prior to doing so, it is necessary to have a licensed professional conduct soil and groundwater sampling to determine if the Property is contaminated; and WHEREAS, the COUNTY is interested in encouraging and promoting affordable housing projects within the geographic boundaries of Lake County; and WHEREAS, the CITY has requested that the COUNTY fund one-half the cost of the soil and groundwater sampling; and WHEREAS, the parties have determined that entering into this agreement will be in the best interests of the public health, safety, and welfare of the residents of Lake County, Florida. NOW, THEREFORE, the parties hereby agree as follows: I. Leeal fludines of F. The foregoing recitals are hereby adopted as legislative findings by the parties and are ratified and confirmed as being true and correct and are hereby made a specific part of this agreement upon adoption hereof 2. Purpose. The purpose of this Agreement is to memorialize the collaboration and support of the CITY and the COUNTY for encouraging the development of affordable housing projects within the geographic boundaries of Lake County. 3. City Obligations. A. The parties acknowledge that the CITY has solicited and retained the services HALFF and Andreyev Engineering, Inc. (hereinafter the "Consultants") to assist the CITY with evaluating the Property for soil and groundwater contamination by preparing a Phase I Environmental Site Assessment (ESA). The services, as identified in Exhibit A, attached hereto, and incorporated herein by reference, to be provided by the Consultants will benefit both the CITY and the COUNTY. B. The CITY, or the Consultants at the CITY' S request, will provide monthly work task schedules to the COUNTY outlining the proposed work. Nothing by way of execution of this Agreement is intended to make Consultants, their employees, or agents to be contractors, agents, or employees of the COUNTY or obligate the COUNTY to make payments directly to the Consultants. C. The CITY shall ensure that the Consultants will comply with Section 119.0701, Florida Statutes. 4. County Obligations. The parties agree and acknowledge that the budget for the PROJECT contract is estimated not to exceed $62.101.00. The County will remit one-half of the actual cost of the project not to exceed the amount stated herein within thirty (30) days of receipt of an invoice and a copy of the completed .Phase I ESA, Payments will be made in accordance with the Florida Prompt Payment Act, Chapter 218, Part VII, Florida Statutes. 5. Term. The term of this Agreement will be for a period of six (6) months beginning on the Effective Date, with the option of the parties to extend one (1) additional six (6) month period. 6. Termination. A. Either party may terminate this Agreement upon ten (10) days written notice to the other party so long as the Consultants have not commenced work. Nothing in this Agreement will preclude the non -terminating party from seeking additional support for the PROJECT. B. In the event the CITY assigns or terminates the contract with the CONSULTANT, the CITY shall provide written notice to the COUNTY, hi the event the CITY assigns the contract with the CONSULTANT to another vendor or sub -consultant, the COUNTY may terminate this Agreement if the COUNTY determines that the vendor or sub -consultant is not acceptable or not in the best interest of the COUNTY. 2 C:\Users�sdavidofi\AppData\l.ocaAMicrosof(\Windows\INetCachc\Content.outlook\AFE39JQR1tu»ding Interlocal_1.25.23.doex 7. Modifications. Unless otherwise specified in this Agreement, no modification, amendment, or alteration of the terms or conditions contained in this Agreement will be effective unless contained in a written document executed by the parties to this Agreement, with the same formality and of equal dignity with this Agreement. 8. Notices. A. All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party to the other, will be deemed to have been fully given or made or sent when in writing and addressed as follows: COUNTY CITY County Manager City of Clermont Lake County Administration Building City Manager P.O. Box 7800 685 West Montrose Street Tavares, Florida 32778 Clermont, Florida 34711 B. All notices required, or which may be given under this Agreement, will be considered properly given if: (1) personally delivered, (2) sent by certified United States mail, return receipt requested, or (3) sent by Federal Express or other equivalent overnight letter delivery company. C,. The effective date of such notices will be the date personally delivered, or if sent by certified mail, the date the notice was signed for, or if sent by overnight letter delivery company, the date the notice was delivered by the overnight letter delivery company. D. The parties may designate other parties or addresses to which notice will be sent by notifying, in writing, the other party in a manner designated for the filing of notice under this Agreement. 9 Entire .Agreement. This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided in this Agreement. 10. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, it will be considered deleted from this Agreement, and will not invalidate the remaining provisions. 11. Effective Elate., This Agreement will become effective on the date the last party executes this Agreement ("effective date"). 3 C:\Users\sdavidofl\AppI)ata\I..ocalNicrosoft\Windows\INetCache\Content,0utlook\AFE39JQR\Funding Interlocal_1.25.23.doex 12. Assimment. No party to this Agreement may assign the rights and obligations under this Agreement without the prior consent of the other party. 13. Counterparts. This Agreement may be executed in counterparts, each executed counterpart to be deemed an original and all of which will constitute but one and the same instrument. This Agreement may be executed by electronic signatures and electronic signatures will constitute originals for all purposes. CITY ATTEST: CITY OF CLERMONT, FLORIDA City Clerk Print Name: _�Lr_;c� �^►Lt�, This & of �e� 2023. Appro as to orm and legality: City`Afforney Approved as to form and legality: Melanie Marsh, County Attorney COUNTY LAKE COUNTY, FLORIDA c nnifer B rker, County Manager 4 This JL of __pri G , 2023. 4 C: ,Users'sdavidofP•AppData' L IU I' Microsoti+.WindowsUNetCache' Content. Out look' AFE39JQR`,Funding Interlocal_1.25.23.doex EXHIBIT A :A: HALFF VIA EMAIL sdavidoff(a)clermontfl.org January 17, 2023 Scott Davidoff, CPRP Deputy City Manager City of Clermont 685 W. Montrose Street Clermont, FL 34711 RE: AGREEMENT/PROPOSAL FOR +(- 45.1 ACRE UNDEVELOPED PROPERTY, CLERMONT, FLORIDA, LAKE COUNTY, ALTERNATE KEY #1438373 (HALFF AVO 043826.294) Dear Mr. Davidoff: Scope of Services — Halff Associates, Inc. Introduction Halff Associates, Inc. is pleased to present this Scope of Services to the City of Clermont for services related to the above project. Services will include the following Phases. PHASE 100 CONDUCT SOIL AND GROUNDWATER SAMPLING ACTIVITIES See attached proposal prepared by Andreyev Engineering, Inc., dated January 13, 2023, for full scope of services. FEE: $60,601.00 PHASE 200 CONTRACT MANAGEMENT (HALFF) Halff is contracting with Andreyev Engineering, Inc., for the requested services to assist the City of Clermont with soil and groundwater sampling activities and will be performing contract management services. FEE: $1,500.00 5 C:\Users;davidofl\AppData\Local\Microsofi\Windows\1NetCache\Content.OutlookWFE39JQR\Funding Interlocal_1.25.23.docx Standard Hourly Rate Schedule Enalneers Prinu|paKD0^wr—Professional Engineer $250.00 Senior Professional Engineer $220.00 Professional Engineer $175.00 Pn4aut Manager $130.00 Engineer Intern $100.00 Technicians Senior Technician *125.00 Design Technician $86.00 GIS Principal Officer — Senior Spatial Analyst $185.00 Senior Spatial Analyst $135.00 Spatial Analyst $100.00 G|SGpeokd|st *00.00 LandscmDeAmNtects Principal/Officer Professional Landscape Architect *200,00 Senior Professional Landscape Architect *150.00 Project Manager Landscape Architect $130.00 Professional Landscape Architect $110.00 Senior Landscape Designer $110.00 Landscape Designer *8O.O0 Elanriers, —LandPlaono $225.00 Senior Planner p150J0 Professional Planner $110.00 Project Planner $85,00 Environmental Scientists Senior Environmental Scientist $200.$0 |na000Uonand Plans Review Licensed Plans Examiner, Residential and/or $85.00 Cnmmom}m| Inspection Services Residential and/or Commercial $45.V0 Survey Survey Department Manager —P.8.M. $176.00 Professional Surveyor —P.S.M. $150.00 2Man Field Crew $135.00 3 Man Field Crew $160.00 4Man Field Crew $190.00 Senior Survey Technician $105.00 Survey Technician *85.00 Administration Administrative Assistant *76.00 9JVR\Ftindingmterlocal_.2523doex Reimbursable Expenses Reimbursable expenses include, but are not limited to: Courier Service Government Permitting Fees Maps/GIS Data Prints, Copies, Plots, Plans Mileage, Parking, Tolls Subconsultant Fees Postage and Overnight Mail Travel (lodging, rental car, per diem) Miscellaneous services C:\Users\sdavidoff\AppDataUe,il\Mierosoft\Windows\[NetCache\Conteiit.Outlook\AFE39JQR\Futiding hnterlocal_1,25,23.doex P Andreyev Engineering, Inc. • Groundwater • Environmental • Geotechnical • Construction Materials Testing ST. PETERSBURG OFFICE 3740 "th Avenue North St Petersburg, Florida 33714 727-527.5735 August 12, 2022 Revised January 13, 2023 AEI Proposal No.: P5032.Pro TO CLIENT: Halff Associates, Inc. 902 North Sinclair Avenue Tavares, Florida 32778 Attention: Mr. Duane Booth, P.E. SUBJECT: Proposal to Conduct Soil and Groundwater Sampling +45.1 Acre Vacant Undeveloped Property, Lake County Alt Key 1438373 Max Hooks Road, Clermont, Lake County, Florida Dear Mr. Booth: In accordance with your request, Andreyev Engineering, Inc. (AEI) is providing this letter which outlines our scope of services and costs to conduct Soil and Groundwater Sampling activities for the above referenced site. Based on the preliminary results of the July 15, 2022, Phase I ESA prepared by AEI, one Recognized Environmental Condition (REC) was identified for the subject property, as listed below: REC #1 The subject site was historically utilized as a landfill and dumpsite for the City of Clermont's municipality waste service for an unknown period between 1958 to 1983. Unknown types and quantities of waste have been buried at the site in pits, many of which were reported to contain standing water. There is a potential for contamination to the soil and groundwater at the site due to the landfilling activities. Additionally, during the Phase 1 ESA review process soil and groundwater contamination was previously identified and documented in a Phase II Site Inspection Report by the US Environmental Protection Agency dated March 1993. This document was included in Appendix F of the Phase I ESA report prepared by AEI however, it does not appear that a full site assessment was performed at the time. The primary purpose of this assessment will be to determine if the contamination previously documented at the subject site is still present and in what state contaminates of concern are present at and by extension of the sampling activities estimate the existing debris field. The Villages 352-757-2478 Clermont 352-241-0508 Sanford 407-330-7763 8 C:\Users\sdavidof \AppData\Loca]\Microsoft\Windows\lNetCache\Content.OutlookWFE391QR\Funding Interlocal_1.25.23.docx Proposal, conduct Soil and Groundwater Sampling g46.1 Acre Vacant Undeveloped Property, take County Alt Key 1438373 Max Hooks Road, Clermont, take County, Florida Page 2 The scope of services that we will provide for this assessment will include the following activities: 1, Conduct ten (10) auger borings across the subject site. During the advancement of the soil borings, soil samples will be collected for field screenings on 1-foot Intervals using a calibrated organic vapor analyzer (OVA). Collected soil samples will also be visually Inspected for chernical/petroleum staining. Ten (10) soil samples will be collected from the subject site for laboratory analysis of petroleum products using EPA Methods 8260 (Full List), 8270 (PAHs), Total Petroleum Hydrocarbons (TPH) using the FL -Pro method, Metals; RCRA 8 and Aluminum, Cadmium, Copper, Iron, Manganese, Nickel, Potassium, Sodium, and Zinc, Cyanide, PCBs, Nitrates and Nitrites, Chlorophenoxy Acid Herbicides, and Organochlorine and Organophosphorus Pesticides. '. Install-ten-(10)-temporary- groundwater_ monitoring wells to estimated_ depths of 20 feet. The reported depth to groundwater at the subject site Is estimated to be 3 to 8 feet however based on the site topography could vary significantly. The wells will be installed at the locations of the soil borings described above. Collect groundwater samples from each of the temporary monitoring wells for laboratory analysis of petroleum products using EPA Methods 8260 (Full), 8270 (PAHs), TPHs using the FL -Pro method, Metals; RCRA 8 and Aluminum, Cadmium, Copper, Iron, Manganese, Nickel, Potassium, Sodium, and Zinc, Cyanide, PCBs, Ethylene Dibromide (EDB) and Dibromo Chioropropane (DBCP) Nitrates and Nitrites, Chlorophenoxy Acid Herbicides, and Organochlorine and Organophosphorus Pesticides. 3. Abandonment of the temporary monitoring wells may be completed after groundwater sampling results are obtained. Abandonment will Involve removal of PVC monitoring well material and plugging the boreholes with bentonite and drill cuttings. 4. Prepare a report summarizing our assessment work and the analytical results. Included In our report will be evaluations and conclusions regarding the environmental condition of the subject site. C:\Userslsdavidofl\AppAata\Local\Microsoft\Windows\INctCache\Content.0utlook\AFE39JQR\Funding htterlocal_1,25,23.docx Proposal, Conduct Sell and Groundwater Sampling ±46.1 Acre Vacant Undeveloped Property, take County Alt Key 1430373 Max Hooks Road, Clermont, Lake County, Florida Page 3 Cost and Authorization The cost to perform the above services for this Phase 11 ESA and provide a formal report to you is $60,601.00, An Itemized breakdown of the scope and cost is included on Attachment A. This Is a not -to -exceed cast. Should extensive unforeseen conditions be encountered which would require additional evaluation, you will be contacted for authorization prior to proceeding. Time wise, it appears that drilling can commence in mid to late October 2022. We will complete the field work and provide you with a final report within 4 to 6 weeks of your authorization and start of drilling. To authorize AEI to proceed with this project, please execute and return to us a signed copy of this proposal. Please note that the Conditions of Acceptance above the signature block are part of this contract and are controlling unless expressly waived prior to commencement nf-work Sincerely, ANDREYEV ENGINEERING, INC. Shawn E. Carswell, P.G. Senior Project Geologist Attachments: Attachment A - Estimated Scope of Work and Cost Conditions of Acceptance: The above proposal Is acceptable. The proposal constitutes a binding contract between AEI and the Client, it is agreed by the Client and AEI that there are no additional terms, conditions, or agreements with respect to the project, other than the items referenced In this proposal and identified here In these Conditions of Acceptance. Payment shall be due within 30 days after the date of each Invoice. For past due invoices, Interest shall accrue at 18% per annum (or the highest rate allowable by law). All attorneys' fees and expenses associated with AEI's collection of past due invoices shall be paid by Client, The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought In a court of competentjurisdiction located in Orlando, Orange County, Florida. Whether this proposal is executed or not, the ordering of, acceptance of, or reliance on services performed by AEI constitutes acceptance of these Conditions of Acceptance. ACCEPTED BY: Name: Signature: TITLE: DATE: BILLING ADDRESS: PHONE: CELL: FAX: EMAIL ADDRESS: 10 C:\Users\sdavidotT\AppData\Local\Microsoft\Windows\fNetCache\Content.Outlook\AFE39JQR\Funding Interlocal_125.23.doex ATTACHMENT A ESTIMATED SCOPE OF WORK AND COST CONDUCT SOIL AND GROUNDWATER SAMPLING +461 Acre Vacant Undeveloped Property, LaWo County Alt Key 143837, Max Hooks Road, Clermont, Lake County, Florida FIELD INVESTIGATION 1. Mobilization of Drilling Equipment (DPT Rig Daily Rate)* 5 Days @ $2,667.50/Day ....................... ................ .................................................... $12,837.50 2. Mobilization of Equipment and Crew ................................................................ .......................... $1,236,00 3. Per Diem for Drilling Grew* 5 Days @ $585.00/Day .............................................. ....... ............................... ................ $2,925.00 4. Decontamination of Drilling Equipment NAHours @ $200,00/Hour ......................... ............... ............. ................. ..................... Induced 5. Installation of Temporary Groundwater Monitoring Wells to 20 feet- 200 Lineal Feet @ $26,00/1-F— ...... .................................................................................... $5,200.00 6. Environmental Technician (Oversee Well Installation, Well Development, Groundwater Sampling, Lab Delivery)*. OSHA HAZWOPER Certified 5 Days @ $750.00/Day ............................................. ........................................................ .$3,060.00 7. Sampling Supplies (Lump Sum) ..................................... ........... ...................................................... K000.00 8, Land Clearing, 2 Man Crew 2 Days @ $1,430.00/Hour ............................ ............................................... ......... ........ $2,860.00 9. Heavy Duty Land Clearing, Equipment 1 @ $3,217.60 (Lump Sum) ......................... .............................................. ....................... $3,217.60 10. Landfill Gas Monitoring Equipment* 5 Days @ $300.00/Day .................................................................................. ............ $1,600.00 LABORATORY TESTING AND ANALYSES 1, Analytical Soil Samples for EPA Method 8260 (Full), 8270 (PAHS), FL -Pro, Metals, Cyanide, PCBS, Nitrates/Nitrites, Chlorophenoxy Acid Herbicides, and Organcohlorine and Organophosphorus pesticides. 10 Samples @ V,033,601!Ea ........................ ........... .................................................. $10,335.00 2. Analytical Groundwater Samples for EPA Method 8260 (Full), 6270 (PAHs), FL -Pro, Metals, Cyanide, PCBs, EDB, DBGR Nitrates/Nitrites, Chlorophenoxy Acid Herbicides, and Organochlorine and Organophosphorus pesticides. 10 Samples @ $1,020.60/Ea ............ . ........................... ......................... - ...... ................. $10,205.00 3. Environmental Impact Fee (Lump Sum) ... ......................................................... -- .................. 1-11..' 1$16.00 4. Miscellaneous/Other Lab Fees (Not to exceed Lump Sum) ......................... ........................................ $600.00 ENGINEERING AND TECHNICAL SERVICES 1. Principal Engineer (Project Oversight) 6 Hours @ $220.0011-Ir ............................................................... __ ......................... ............ $1,320.00 2, Senior Project Engineer/Geologist (Project Coordination, Report Preparation) 21 Hours @ $1 80,00/Hr ................. .......................................... .......................................... $3,7BO.00 3. Drafting Services 6 Hour @ $80.00/Hr . ............................................................ ................................................. $480.00 4. Secretarial Services 2 Hour @ $66.00/Hr . ............................. .................. .............................................................. t130'00 TOTALESTIMATED COST: ................ ........................................................................................................ $60,601.00 *Note: Days to perform work has been estimated. Additional days will be charged at the listed unit rates. "Note: Depth to groundwater has been estimated. Additional well depths will be Installed at the listed unit rates. Please Notellf Should conditions be encountered which require Level C (encountering of hazardous materials) or greater Personal Protective Equipment (PPE) Preferred Drilling Solutions, Inc. (PDS) will demob and a re- evaluation of project scope will be required. 11 C:\tJsers\sdavidofl\AppData\Loca[\Microsoft\Windows\fNctCache\Coiitent.Outlook\AFE39JQR\Funding biterlocal-1.25.23.doex INTERLOCAL FUNDING AGREEMENT {Soil & Groundwater Testing — AK #14383731 THIS INTERLOCAL AGREEMENT is made by and between Lake County, Florida, a political subdivision of the State of Florida (the "COUNTY"), and the City of Clermont, a municipal corporation organized under the laws of the State of Florida (the "CITY"). WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, provides that local governments may enter into agreements to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the CITY owns certain undeveloped real property located off of Max Hooks Road, more particularly identified Alternate Key #1438373 (hereinafter the "Property"); and WHEREAS, the Property was historically utilized as a landfill and dumpsite for municipal waste for an unknown period of time between 1958 and 1983; and WHEREAS, the CITY is interested in potentially conveying the Property to a provider of affordable housing, but prior to doing so, it is necessary to have a licensed professional conduct soil and groundwater sampling to determine if the Property is contaminated; and WHEREAS, the COUNTY is interested in encouraging and promoting affordable housing projects within the geographic boundaries of Lake County; and WHEREAS, the CITY has requested that the COUNTY fund one-half the cost of the soil and groundwater sampling; and WHEREAS, the parties have determined that entering into this agreement will be in the best interests of the public health, safety, and welfare of the residents of Lake County, Florida. NOW, THEREFORE, the parties hereby agree as follows: 1. Le2al Findings of Fact. The foregoing recitals are hereby adopted as legislative findings by the parties and are ratified and confirmed as being true and correct and are hereby made a specific part of this agreement upon adoption hereof. 2. Purpose. The purpose of this Agreement is to memorialize the collaboration and support of the CITY and the COUNTY for encouraging the development of affordable housing projects within the geographic boundaries of Lake County. 3. City Obligations. A. The parties acknowledge that the CITY has solicited and retained the services HALFF and Andreyev Engineering, Inc. (hereinafter the "Consultants") to assist the CITY with evaluating the Property for soil and groundwater contamination by preparing a Phase I Environmental Site Assessment (ESA). The services, as identified in Exhibit A, attached hereto, and incorporated herein by reference, to be provided by the Consultants will benefit both the CITY and the COUNTY. B. The CITY, or the Consultants at the CITY'S request, will provide monthly work task schedules to the COUNTY outlining the proposed work. Nothing by way of execution of this Agreement is intended to make Consultants, their employees, or agents to be contractors, agents, or employees of the COUNTY or obligate the COUNTY to make payments directly to the Consultants. C. The CITY shall ensure that the Consultants will comply with Section 119.0701, Florida Statutes. 4. County Obli at>w ions. The parties agree and acknowledge that the budget for the PROJECT contract is estimated not to exceed $62.101.00. The County will remit one-half of the actual cost of the project not to exceed the amount stated herein within thirty (30) days of receipt of an invoice and a copy of the completed Phase I ESA. Payments will be made in accordance with the Florida Prompt Payment Act, Chapter 218, Part VII, Florida Statutes. 5. Term. The term of this Agreement will be for a period of six (6) months beginning on the Effective Date, with the option of the parties to extend one (1) additional six (6) month period. 6. Termination. A. Either party may terminate this Agreement upon ten (10) days written notice to the other party so long as the Consultants have not commenced work. Nothing in this Agreement will preclude the non -terminating party from seeking additional support for the PROJECT. B. In the event the CITY assigns or terminates the contract with the CONSULTANT, the CITY shall provide written notice to the COUNTY. In the event the CITY assigns the contract with the CONSULTANT to another vendor or sub -consultant, the COUNTY may terminate this Agreement if the COUNTY determines that the vendor or sub -consultant is not acceptable or not in the best interest of the COUNTY. 2 C:\Users\sdavidof \AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AFE39JQR\Funding Interlocal_1.25.23.docx 7. Modifications. Unless otherwise specified in this Agreement, no modification, amendment, or alteration of the terms or conditions contained in this Agreement will be effective unless contained in a written document executed by the parties to this Agreement, with the same formality and of equal dignity with this Agreement. 8. Notices. A. All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party to the other, will be deemed to have been fully given or made or sent when in writing and addressed as follows: COUNTY CITY County Manager City of Clermont Lake County Administration Building City Manager P.O. Box 7800 685 West Montrose Street Tavares, Florida 32778 Clermont, Florida 34711 B. All notices required, or which may be given under this Agreement, will be considered properly given if. (1) personally delivered, (2) sent by certified United States mail, return receipt requested, or (3) sent by Federal Express or other equivalent overnight letter delivery company. C. The effective date of such notices will be the date personally delivered, or if sent by certified mail, the date the notice was signed for, or if sent by overnight letter delivery company, the date the notice was delivered by the overnight letter delivery company. D. The parties may designate other parties or addresses to which notice will be sent by notifying, in writing, the other party in a manner designated for the filing of notice under this Agreement. 9 Entire Agreement. This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided in this Agreement. 10. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, it will be considered deleted from this Agreement, and will not invalidate the remaining provisions. 11. Effective Date. This Agreement will become effective on the date the last party executes this Agreement ("effective date") 3 C:\Users\sdavidoffAppDataTLocalNicrosoft\WindowsUNetCache\Content. Out look\AFE391QR\Funding Interlocal 1.25.23.docx 12. Assignment. No party to this Agreement may assign the rights and obligations under this Agreement without the prior consent of the other party. 13. Counterparts. This Agreement may be executed in counterparts, each executed counterpart to be deemed an original and all of which will constitute but one and the same instrument. This Agreement may be executed by electronic signatures and electronic signatures will constitute originals for all purposes. ATTEST: City Clerk Approved as to form and legality: City Attorney Approved as to form and legality: Melanie Marsh, County Attorney CITY CITY OF CLERMONT, FLORIDA �� Print Name: Ir.A Vk"' K4 This &714 of COUNTY LAKE COUNTY, FLORIDA 2023. Jennifer Barker, County Manager This of 52023. 4 C:\User\sdavidoft\AppData\1.ocaiNicrosofi\Windows\INetCache\Content.Outlook\AFE39JQR\Funding Interlocal_1.25.23.docx EXHIBIT A :: HALFF VIA EMAIL sdavidoff(cklermontfl.orq January 17, 2023 Scott Davidoff, CPRP Deputy City Manager City of Clermont 685 W. Montrose Street Clermont, FL 34711 RE: AGREEMENT/PROPOSAL FOR +/_ 45.1 ACRE UNDEVELOPED PROPERTY, CLERMONT, FLORIDA, LAKE COUNTY, ALTERNATE KEY #1438373 (HALFF AVO 043826.294) Dear Mr. Davidoff: Scope of Services — Halff Associates, Inc. Introduction Halff Associates, Inc. is pleased to present this Scope of Services to the City of Clermont for services related to the above project. Services will include the following Phases. PHASE 100 CONDUCT SOIL AND GROUNDWATER SAMPLING ACTIVITIES See attached proposal prepared by Andreyev Engineering, Inc., dated January 13, 2023, for full scope of services. FEE: $60,601.00 PHASE 200 CONTRACT MANAGEMENT (HALFF) Halff is contracting with Andreyev Engineering, Inc., for the requested services to assist the City of Clermont with soil and groundwater sampling activities and will be performing contract management services. FEE: $1,500.00 5 C:\Users\sdavidofi\AppData\Local\Microsoft\Windows\1NetCache\Content.Outlook\AFE39JQR\Funding Interlocal 1.25.23.docx Standard Hourly Rate Schedule Engineers Principal/Officer - Professional Engineer $250.00 Senior Professional Engineer $220.00 Professional Engineer $175.00 Project Manager $130.00 Engineer Intern $100.00 Technicians Senior Technician $125.00 Design Technician $85.00 GIS Principal Officer - Senior Spatial Analyst $165.00 Senior Spatial Analyst $135.00 Spatial Analyst $100.00 GIS Specialist $60.00 Landscape Architects Principal/Officer - Professional Landscape Architect $200.00 Senior Professional Landscape Architect $150.00 Project Manager Landscape Architect $130.00 Professional Landscape Architect $110.00 Senior Landscape Designer $110.00 Landscape Designer $80.00 Planners Principal/Officer - Land Planner $225.00 Senior Planner $150.00 Professional Planner $110.00 Project Planner $85.00 Environmental Scientists Senior Environmental Scientist $200.00 Inspection and Plans Review Licensed Plans Examiner, Residential and/or $85.00 Commercial Inspection Services Residential and/or Commercial $85.00 Survey Survey Department Manager - P.S.M. $175.00 Professional Surveyor - P.S.M. $150.00 2 Man Field Crew $135.00 3 Man Field Crew $160.00 4 Man Field Crew $190.00 Senior Survey Technician $105.00 Survey Technician $85.00 Administration Administrative Assistant $75.00 C:\Users\sdavidoff\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AFE39JQR\Funding Interlocal_1.25.23.docx Reimbursable Expenses Reimbursable expenses include, but are not limited to: Courier Service Government Permitting Fees Maps/GIS Data Prints, Copies, Plots, Plans Mileage, Parking, Tolls Subconsultant Fees Postage and Overnight Mail Travel (lodging, rental car, per diem) Miscellaneous Services C:\Users\sdavidofY\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\AFE39JQR\Funding Interlocal_1.25.23.dou And reyev ST. PETERSBURG OFFICE Engineering St. P ters Avenue richNor3 ' St. Petersburg, Florida 33714 - Inc. 727-527-5735 V Groundwater V Environmental v Geotechnical V Construction Materials Testing August 12, 2022 Revised January 13, 2023 AEI Proposal No.: P5032.Pro TO CLIENT: Halff Associates, Inc. 902 North Sinclair Avenue Tavares, Florida 32778 Attention: Mr. Duane Booth, P.E. SUBJECT: Proposal to Conduct Soil and Groundwater Sampling +45.1 Acre Vacant Undeveloped Property, Lake County Alt Key 1438373 Max Hooks Road, Clermont, Lake County, Florida Dear Mr. Booth: In accordance with your request, Andreyev Engineering, Inc. (AEI) is providing this letter which outlines our scope of services and costs to conduct Soil and Groundwater Sampling activities for the above referenced site. Based on the preliminary results of the July 15, 2022, Phase I ESA prepared by AEI, one Recognized Environmental Condition (REC) was identified for the subject property, as listed below: REC #1 The subject site was historically utilized as a landfill and dumpsite for the City of Clermont's municipality waste service for an unknown period between 1958 to 1983. Unknown types and quantities of waste have been buried at the site in pits, many of which were reported to contain standing water. There is a potential for contamination to the soil and groundwater at the site due to the landfilling activities. Additionally, during the Phase 1 ESA review process soil and groundwater contamination was previously identified and documented in a Phase II Site Inspection Report by the US Environmental Protection Agency dated March 1993. This document was included in Appendix F of the Phase I ESA report prepared by AEI however, it does not appear that a full site assessment was performed at the time. The primary purpose of this assessment will be to determine if the contamination previously documented at the subject site is still present and in what state contaminates of concern are present at and by extension of the sampling activities estimate the existing debris field. The Villages 352-I51 2478 Clermont 352-241-0508 Sanford 407-330-7763 C:\Users\sdavidof\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AFE39JQR\Funding Interlocal 1.25.23.docx Proposal, Conduct Soil and Groundwater Sampling ±45.1 Acre Vacant Undeveloped Property, Lake County Alt Key 1438373 Max Hooks Road, Clermont, Lake County, Florida Page 2 The scope of services that we will provide for this assessment will include the following activities: Conduct ten (10) auger borings across the subject site. During the advancement of the soil borings, soil samples will be collected for field screenings on 1-foot intervals using a calibrated organic vapor analyzer (OVA). Collected soil samples will also be visually inspected for chemical/petroleum staining. Ten (10) soil samples will be collected from the subject site for laboratory analysis of petroleum products using EPA Methods 8260 (Full List), 8270 (PAHs), Total Petroleum Hydrocarbons (TPH) using the FL -Pro method, Metals; RCRA 8 and Aluminum, Cadmium, Copper, Iron, Manganese, Nickel, Potassium, Sodium, and Zinc, Cyanide, PCBs, Nitrates and Nitrites, Chlorophenoxy Acid Herbicides, and Organochlorine and Organophosphorus Pesticides. 2. Install ten (10) temporary groundwater monitoring wells to estimated depths of 20 feet. The reported depth to groundwater at the subject site is estimated to be 3 to 8 feet however based on the site topography could vary significantly. The wells will be installed at the locations of the soil borings described above. Collect groundwater samples from each of the temporary monitoring wells for laboratory analysis of petroleum products using EPA Methods 8260 (Full), 8270 (PAHs), TPHs using the FL -Pro method, Metals; RCRA 8 and Aluminum, Cadmium, Copper, Iron, Manganese, Nickel, Potassium, Sodium, and Zinc, Cyanide, PCBs, Ethylene Dibromide (EDB) and Dibromo Chloropropane (DBCP) Nitrates and Nitrites, Chlorophenoxy Acid Herbicides, and Organochlorine and Organophosphorus Pesticides. 3. Abandonment of the temporary monitoring wells may be completed after groundwater sampling results are obtained. Abandonment will involve removal of PVC monitoring well material and plugging the boreholes with bentonite and drill cuttings. 4. Prepare a report summarizing our assessment work and the analytical results. Included in our report will be evaluations and conclusions regarding the environmental condition of the subject site. C:\Users\sdavidof \AppData\Local\Microsoft\Windows\fNetCache\Content.Outlook\AFE39JQR\Funding Interlocal_1.25.23.docx Proposal, Conduct Soil and Groundwater Sampling +45.1 Acre Vacant Undeveloped Property, Lake County All Key 1438373 Max Hooks Road, Clermont, Lake County, Florida Page 3 Cost and Authorization The cost to perform the above services for this Phase 11 ESA and provide a formal report to you is $60,601.00. An itemized breakdown of the scope and cost is included on Attachment A. This is a not -to -exceed cost. Should extensive unforeseen conditions be encountered which would require additional evaluation, you will be contacted for authorization prior to proceeding. Time wise, it appears that drilling can commence in mid to late October 2022. We will complete the field work and provide you with a final report within 4 to 6 weeks of your authorization and start of drilling. To authorize AEI to proceed with this project, please execute and return to us a signed copy of this proposal. Please note that the Conditions of Acceptance above the signature block are part of this contract and are controlling unless expressly waived prior to commencement of work. Sincerely, ANDREYEV ENGINEERING, INC. Shawn E. Carswell, P.G. Senior Project Geologist Attachments: Attachment A - Estimated Scope of Work and Cost Conditions of Acceptance: The above proposal is acceptable. The proposal constitutes a binding contract between AEI and the Client. It is agreed by the Client and AEI that there are no additional terms, conditions, or agreements with respect to the project, other than the Items referenced in this proposal and identified here In these Conditions of Acceptance. Payment shall be due within 30 days after the date of each invoice. For past due invoices, interest shall accrue at 18% per annum (or the highest rate allowable by law). All attorneys' fees and expenses associated with AEI's collection of past due invoices shall be paid by Client. The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction located in Orlando, Orange County, Florida. Whether this proposal is executed or not, the ordering of, acceptance of, or reliance on services performed by AEI constitutes acceptance of these Conditions of Acceptance. ACCEPTED BY: Name: Signature: TITLE: DATE: BILLING ADDRESS: PHONE: CELL: FAX: EMAIL ADDRESS: 10 C:\Useis\sdavidofflAppData\Local\Microsoft\Windows\tNetCache\Content.Outlook\AFE39JQR\Funding Interlocal_1.25.23.docx ATTACHMENT A ESTIMATED SCOPE OF WORK AND COST CONDUCT SOIL AND GROUNDWATER SAMPLING +45.1 Acre Vacant Undeveloped Property, Lake County Alt Key 143837, Max Hooks Road, Clermont, Lake County, Florida FIELD INVESTIGATION 1. Mobilization of Drilling Equipment (DPT Rig Daily Rate)' 5 Days @ $2,567.50/Day..................................................................................................$12,837.50 2. Mobilization of Equipment and Crew.................................................................................................$1,235.00 3. Per Diem for Drilling Crew* 5 Days @ $585.00/Day....................................................................................................... $2,925.00 4. Decontamination of Drilling Equipment NAHours @ $200.00/Hour.................................................................................................... Included 5. Installation of Temporary Groundwater Monitoring Wells to 20 feet- 200 Lineal Feet @$26.00/LF.............................................................................................. $5,200.00 6 Environmental Technician (Oversee Well Installation, Well Development, Groundwater Sampling, Lab Delivery)'. OSHA HAZWOPER Certified 5 Days @ $750.00/Day....................................................................................................... $3,060.00 7. Sampling Supplies (Lump Sum)........................................................................................................ $1,000.00 8. Land Clearing, 2 Man Crew 2 Days @ $1,430.00/Hour...................................................................................................$2,860.00 9. Heavy Duty Land Clearing, Equipment 1 @ $3,217.50 (Lump Sum)................................................................................................$3,217.50 10. Landfill Gas Monitoring Equipment" 5 Days @ $300.00/Day....................................................................................................... $1,500.00 LABORATORY TESTING AND ANALYSES Analytical Soil Samples for EPA Method 8260 (Full), 8270 (PAHs), FL -Pro, Metals, Cyanide, PCBs, Nitrates/Nitrites, Chlorophenoxy Acid Herbicides, and Organochlorine and Organophosphorus pesticides. 10 Samples @$1,033.50/Ea............................................................................................$10,335.00 Analytical Groundwater Samples for EPA Method 8260 (Full), 8270 (PAHs), FL -Pro, Metals, Cyanide, PCBs, EDB, DBCP, Nitrates/Nitrites, Chlorophenoxy Acid Herbicides, and Organochlorine and Organophosphorus pesticides. 10 Samples @$1,020.50/Ea.............................................................................................$10,205.00 Environmental Impact Fee (Lump Sum).................................................................................................$16.00 Miscellaneous/Other Lab Fees (Not to exceed Lump Sum)..................................................................$500.00 ENGINEERING AND TECHNICAL SERVICES 1. Principal Engineer (Project Oversight) 6 Hours @$220.00/Hr.........................................................................................................$1,320.00 2. Senior Project Engineer/Geologist (Project Coordination, Report Preparation) 21 Hours @$180.00/Hr.......................................................................................................$3,780.00 3. Drafting Services 6 Hour @$80.00/Hr............................................................................................................... $480.00 4. Secretarial Services 2 Hour @$65.00/Hr............................................................................................................... $130.00 TOTALESTIMATED COST: ......................................................................................................................... $60,601.00 *Note: Days to perform work has been estimated. Additional days will be charged at the listed unit rates. "Note: Depth to groundwater has been estimated. Additional well depths will be Installed at the listed unit rates. Please Notelll Should conditions be encountered which require Level C (encountering of hazardous materials) or greater Personal Protective Equipment (PPE) Preferred Drilling Solutions, Inc. (PDS) will demob and a re- evaluation of project scope will be required. 11 C:\Users\sdavidot7\AppData\Loca)\Microsoft\Windows\fNetCache\Content.Outlook\AFE39JQR\Funding Interlocal_1.25.23.docx