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1466 Ardaman & Associates Groundwater Consultingmi -i 1 PURCHASING DEPARTMENT TRANSMITTAL V� To: r /City Clerk MEMORANDUM RE: Ardaman & Associates PO 32713 and Work Order needs executed signatures The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution Once completed, please: ® Return originals to Purchasing ❑ Return copies Special Instructions: ❑ Mayor's signature ❑ Recordin l Safe keeping (Vault) ❑ Payment Bond ® City Manager Signature ® City Clerk Attest/Signature l ' ' WE - ,Gt11�0 U)S CM." , Marisol Ordon r )Ak From la wrl Date TADept_ forms \City Clerk Transmittal Memo - 2009.doe DATE: 12/08/11 PURCHASE ORDER CITY OF SANFORD P.O. BOX 1788 PURCHASING OFFICE: 407.688.5030 (300 NORTH PARK AVENUE) ACCOUNTS PAYABLE: 407.668.5020 SANFORD, FLORIDA 32772 FACSIMILE: 407.688.5021 FLORIDA TAX EXEMPT NO.: 858012621681 C -8 VENDOR NO.: 1317 TO: ARDAMAN & ASSOCIATES, INC. P.O. BOX 593003 8008 S. ORANGE AVENUE ORLANDO, FL 32809 PO NUMBER 032713 SUBMIT INVOICES TO: ACCOUNTS PAYABLE FINANCE DEPT. P.O. BOX 1788 SANFORD, FL 32772 SHIP TO: CITY OF SANFORD 300 N. PARK AVENUE SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/12 NET /30 62995 ACCOUNT NO.: 451-4S20-536.31-00 PROJECT NO.: NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST 1 FOR GROUNDWATER CONSULTING 36612.00 NA 1.00 36612.00 SERVICES SUB TOTAL 36612.00 TOTAL 36612.00 APPROVED BY: APPROVED BY: PURCH&llkd G NT CITY MAN ER ALL PACKAGES AND I DICES ASSOCIATED TH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF TH STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP: /N1/WW.SANFORDFL.GOV /DEPARTMENTS /PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING 'r i° EXHIBIT A WORK ORDER FORM Work Order Number CITY OF SANFORD FLORIDA Master Agreement/Contract Number: 574 Dated: 10/11/11 Contract/Project Title Site 10 and Mayfair Golf Course Reuse Monitoring Re ortin & H dro eolo ical Evaluations Solicitation No: ISanford Project No. I Purchase Order No. Consultant/Contractor: Ardaman & Associates, Inc. Consultant/Contractor's Business Address, Phone Number, Fax Number and E -mail Address P.O. Box 593003, 8008 S. Orange Avenue, Orlando, FI 32809 Ph: 407 - 855 -3860 Fax: 407 - 859 -8121 ATTACHMENTS TO THIS WORK ORDER METHOD OF COMPENSATION DRAWINGS /PLANS /SPECIFICATIONS FIXED FEE BASIS SCOPE OF SERVICES X TIME BASIS -NOT TO EXCEED AMOUNT SPECIAL CONDITIONS TIME BASIS - LIMITATION OF FUNDS PRICING IINFORMATION UNIT PRICE BASIS -NOT TO EXCEED AMOUNT WO TERMS AND CONDITIONS TIME FOR COMPLETION: 350 Days of the effective date of this Work Order Effective date- this Work Order: 10/11/2011 Time for completion: The services to be provided by the Consultant/Contractor shall commence upon execution of this Work Order by the parties and shall be completed within the time frame indicated above. Failure to meet the stated completion requirement may be grounds for termination for default. Work Order Amount: Dollars Expressed in Numbers: $ 36,612 Dollar Amount Written Out: Thirty six Thousand Six Hundred twelve Dollars ---------------------------------------------------------- 00 /xx In Witness Where of, the parties hereto have made and executed this Work Wer Qr the respective dates under each signature: The City through its City Commission taking action on 9/;2/11 and the Consultant/Contractor by and through its duly authorized corporate officer having the full and complete authority to execute same. CONSULTANT /CONTRACTOR ATTEST: EXECUTION: Signature, Corporate Officer Signature, Corporate President David A. DeLoach 11/21/11 Nadim F. Fuleihan 11/21/11 Corporate Officer Printed Name, Title and Date Corporate President, P int d Name and Date CITY OF SANFORD a Si r T rchasing Manager 77 Purchasing Manager, Printed Name and Date t � Signature, Co Clerk Wnatur! Manager City Clerk, Printed Name and Date City Manager, Printed Name and Date Revised: 1 -6 -2011 WORK ORDER TERMS AND CONDITIONS 1. By accepting this Work Order (WO) the Contractor/Vendor /Contractor accepts all of the Terms and Conditions included herein. The Buyer is the City of Sanford, Florida, hereinafter referred to as the "City ". The term "City" is used in a broad sense to include its employees, directors, officers, agents, volunteers, etc. 2. All information referenced is hereby incorporated into the WO. These Terms and Conditions may be varied only by written amendment signed by the parties. All modifications in performance, including but not limited to, extensions of time, renewal, or substitution are void absent dually signed amendment by the parties. Time is of the essence of the lawful performance of the duties and obligations contained in the Work Order. The Vendor /Contractor agrees that Vendor /Contractor shall diligently and expeditiously pursue Vendor /Contractor's obligations. 3. Cancellation rights reserved by the City. The City may cancel this WO in whole or in part at any time for default by written notice to the Vendor /Contractor. The City shall have no liability to the Vendor /Contractor beyond payment of any balance owing for Material purchased hereunder and delivered to and accepted by the City prior to the Vendor /Contractor's receipt of the notice of termination. 4. Terms of shipping are F.O.B. the City's delivery location unless otherwise noted within the terms of this WO. Regardless of the indicated F.O.B. point, the City does not accept title until the delivery is acknowledged by an authorized City representative" 5. Prices stated on this WO are firm, all inclusive and consistent with applicable negotiations, bid(s) and /or quotations. The City is exempt from the Florida Sales and Use Tax and will furnish the Vendor /Contractor with proof of tax exemption upon request. Extra charges for any purpose will not be allowed unless explicitly indicated on the WO. This order is hereby cancelled, if pricing is omitted. 6. The Vendor /Contractor warrants that any material or equipment supplied hereunder is new, unused condition and free from defects in title, workmanship, defects in design and in full compliance with the specifications defined by the City in the order. The goods or services furnished under this WO are covered by commercial warranties for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City. A copy of these warranties and all applicable manufacturer's warranties shall be furnished at the time of delivery. 7. The City reserves the right to conduct any inspection or investigation to verify compliance of the goods and /or services with the requirements of this Work order and to reject any delivery not in compliance If any deficiency is not visible at the time of delivery the City reserves the right to take and /or require appropriate corrective action upon the discovery of any deficiency, non - compliance, or defect 8. All tools or property furnished to the Vendor /Contractor by the City shall remain the property of the City, be subject to removal upon the City's demand, be used only on behalf of the City, be maintained in good order, and be clearly identified as property of the City. The Vendor /Contractor assumes any and all liability of whatsoever type or nature for loss or damage to such property. 9. The Vendor /Contractor agrees to comply with all Federal, State of Florida, Seminole County, City laws, ordinances, regulations, authority and codes and authority having jurisdiction over the purchase. 10. To the fullest extent permitted by law, the Vendor /Contractor shall indemnify, hold harmless and defend the City, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or agents. Additionally, the Vendor /Contractor accepts responsibility for all damages resulting in any way related to the procurement and delivery of goods or services contemplated in this Work order. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. 11. The Vendor /Contractor shall not assign this WO, any rights under this WO or any monies due or to become due hereunder nor delegate or subcontract any obligations or work hereunder without the prior written consent of the City. WORK ORDER TERMS AND CONDITIONS -Page 2 12. The Vendor /Contractor shall not disclose the existence of this WO without prior written consent of the City except as may be required to perform this WO. 13. All Material purchased hereunder must be packaged to ensure its security and delivery in accordance with the City's shipping and packaging specification and good commercial practice. Each package shall be labeled indicating the addressee of each package or shipment and the applicable WO number. All shipments shall comply with HAZMAT requirements including, but not limited to, (DOT) regulations published in 49CFR 1399, OSHA regulations 29 CFR 4999. 14. The Vendor /Contractor shall perform the obligations of this WO as an independent contractor and under no circumstances shall it be considered as agent or employee of the City. 15. The Vendor /Contractor ensures that its personnel shall comply with reasonable conduct guidelines and City policies and procedures. 16. After each delivery, the Vendor /Contractor shall provide to the "bill to address" an original, "proper invoice" (single copy) which includes: a) Vendor /Contractor's name(dba), telephone number, mailing address; b) City's P.O. Number; c) Date of invoice; d) Shipping date; e) Delivery date; f) Payment terms; g) Description of goods /services; h) quantity; i) Unit price; j) Extended price; k) Total. The City has the right to reconcile invoice with the WO and adjust payment accordingly to comply with the WO. Payment will be made only to the Vendor /Contractor identified on the WO and for received and accepted goods /services. The City shall have right at any time to set -off any amounts due to the Vendor /Contractor against any amounts owed to the City by the Vendor /Contractor and shall in the case of Vendor /Contractor default retain the right to further adjust payments as consistent with the best interests of the City. 17. Payment of invoices will be in compliance with Chapter 218, Part VII of Florida Statutes, City Ordinance No. 3029, Purchasing Policy of the City and the stipulations, terms and conditions of this WO. Any cash discount period will date from receipt of invoice, receipt of actual delivery or date of invoice, which ever is later. 18. If this WO involves the Vendor /Contractor's performance on the City's premises or at any place where the City conducts operations, the Vendor /Contractor shall request information from the Purchasing Manager regarding insurance coverage requirements. In circumstances where insurance is required, Vendor /Contractor shall provide proofs of insurance required by the City, or City reserves the right to cancel this Work Order, immediately suspend performance by the Vendor /Contractor at Vendor /Contractor's expense and prohibit access to City premises until such proofs of insurance is verified Noncompliance with this item shall place the Vendor /Contractor in default and subject to disbarment from the City's Vendor /Contractor List. 19. The failure of the city to enforce any provision of this WO, exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 20. The Vendor /Contractor shall notify the Purchasing Manager of any inherent hazard and applicable precautions, protective measures and provide any additional relevant information, including MSDS, related to the Material being purchased herein. 21. The City shall have the right at no additional charge to use all or portions of material found in the Vendor /Contractor's applicable literature relevant to the purchase. The Vendor /Contractor agrees to advise the City of any updated information relative to the foregoing literature and documentation with timely written notice. 22. A person or affiliate who has been removed from the City's Vendor /Contractor List may not submit a bid or transact business with the City in excess of Category Two for a period of thirty -six (36) months from the date of being removed from the City's Vendor /Contractor List. 23. In compliance with 8 U.S.C. Section1324a(e) [Section 274A(e) of the Immigration and Nationality Act (INA)], the City will not intentionally make an award or upon discovery of a violation will unilaterally cancel this WO with any contractor who knowingly employs unauthorized alien workers. WORK ORDER TERMS AND CONDITIONS -Page 3 24. This WO shall be governed by and interpreted in accordance with the laws of the State of Florida. In any action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be of the Eighteenth Judicial Circuit in and for Seminole County, Florida Work Order (page 2) WORK ORDER TERMS AND CONDITIONS Execution of this Work Order by the CITY and the issuance of a notice to proceed, shall serve as authori- zation for the CONSULTANT /CONTRACTOR to provide goods and /or services for the above project as set out in the Scope of Services which is attached as Exhibit "A," as well as all other exhibits attached to that certain Agreement cited on the face of this Work Order all of which are incorporated herein by reference as if they had been set out in its entirety and as further delineated in the specifications, conditions and requirements stated in the listed documents which are attached hereto and made a part hereof. The CONSULTANT /CONTRACTOR shall provide said goods and /or services pursuant to this Work Order, its attachments and the above - referenced Agreement and its exhibits. If this Work Order conflicts with said Agreement or exhibits, the Agreement and exhibits shall prevail provided, however, that the CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the CITY TERM: This Work Order shall take effect on the date of its execution by the CITY and expires upon final delivery, inspection, acceptance and payment unless terminated earlier in accordance with the Termination provisions herein provided, however, that the CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the CITY METHOD OF COMPENSATION: (i) FIXED FEE BASIS. If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the Fixed Fee Amount indicated as the Work Order Amount. The fixed feel is an all- inclusive Firm Fixed Price binding the CONSULTANT /CONTRACTOR to complete the work for the Fixed Fee Amount regardless of the costs of performance. In no event shall the CONSULTANT /CONTRACTOR be paid more than the Fixed Fee Amount. (ii) TIME BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Time Basis Method" with a Not -to- Exceed Amount, then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for a sum not exceeding the amount indicated as the Work Order Amount. In no event is the CONSULTANT /CONTRACTOR authorized to incur expenses exceeding the Not -To- Exceed Amount without the express written consent of the CITY. Such consent will normally be in the form of an amendment to this Work Order. The CONSULTANT /CONTRACTOR'S compensation shall be based on the actual work required by this Work Order and the Labor Hour Rates established in the Master Agreement. (iii) TIME BASIS WITH A LIMITATION OF FUNDS AMOUNT. If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the amount identified as the Work Order Amount becomes the Limitation of Funds amount which shall not be exceeded without prior written approval of the CITY. Such approval, if given by the CITY, will indicate a new Limitation of Funds amount. The CONSULTANT /CONTRACTOR shall advise the CITY whenever the CONSULTANT /CONTRACTOR has incurred expenses on this Work Order that equals or exceeds eighty percent (80 %) of the Limitation of Funds amount. The CONSULTANT /CONTRACTOR'S compensation shall be based on the actual work required by this Work Order and the Labor Hour Rates established in the Master Agreement. (iv) UNIT PRICE BASIS WITH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Unit Price Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the amount resulting from computing the quantity(ies) of defined units and agreed upon unit pricing to establish amount of CONTRACTOR'S compensation. All adjustments to quantities shall be approved by the Project Manager. Prior written approval by the City is required to adjust the not to exceed amount. The CITY shall make payment to the CONSULTANT /CONTRACTOR in strict accordance with the payment terms of the above - referenced Agreement. It is expressly understood by the CONSULTANT /CONTRACTOR that this Work Order, until executed by the CITY, does not authorize the performance of any services by the CONSULTANT /CONTRACTOR and that the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONSULTANT /CONTRACTOR to perform the services called for under this Work Order if it is determined that to do so is in the best interest of the CITY. The CONSULTANT /CONTRACTOR shall execute this Work Order first and the CITY second. This Work Order becomes effective and binding upon execution by the CITY and not until then. A copy of this executed Work Order along with a Purchase Order will be forwarded to the CONSULTANT /CONTRACTOR at the completion of that action. It is noted that the Purchase Order Number must be indicated on all invoices germane to the Work Order. 7W, WS RM ��� Item No. q0 = 1877 = �4S 53b 3 ( CITY COMMISSION MEMORANDUM 'I I -'I 69.B SEPTEMBER 26, 220 1 1 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY Paul Moore, Utility Director - SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Groundwater Consulting Services — Ardaman & Associates SYNOPSIS: PP Approval of the groundwater consulting services proposal from Ardaman &Associates is requested. FISCAL/STAFFING STATEMENT: The cost for these consulting services for FY 2012 is $36,612. Funds are available in the utilities departments budget. BACKGROUND: The operating permit from the Florida Department of Environmental Protection for the City's water reclamation facilities requires the monitoring of groundwater at Site 10 and the Mayfair Golf Course. Ardaman & Associates has been performing these monitoring and reporting requirements for the City since the inception of Site 10 and the application of reclaimed water at the golf course. Ardaman & Associates also helps the City staff in areas of potable well evaluations. Attached is the proposal from Ardaman & Associates outlining the scope of work. LEGAL REVIEW: N/A RECOMMENDATION: It is staff's recommendation that the proposal from Ardaman & Associates be approved for an annual cost of $36,612. SUGGESTED MOTION: "I move to approve the proposal from Ardaman & Associates for groundwater consulting services at an annual cost of $36,612." t Attachments ACO ® DATE(MWDDNYYY) �..� CERTIFICATE OF LIABILITY INSURANCE 10/01/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Ri Insurance Services West, Inc. NAME. Los An el es CA Office (AIC Ext): (866) 283 -7122 A/C. No.: (847) 953 -5390 707 Wilshire Boulevard E-MAIL Suite 2600 ADDRESS: Los Angeles CA 90017 -0460 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED Ardaman & Associates, Inc. 8008 South orange Avenue Orlando FL 32809 USA INSURER A: National Union Fire Ins Co Of Pittsburgh 19445 INSURERS; Insurance Company of the State of PA 19429 INSURER C: Chartis Specialty Insurance Company 26883 INSURER D: Lexington Insurance Company 19437 INSURER E: POLICY EXP MMIDD INSURER F: A nnvGRer_FC CFRTIFICATF NtIMRFR- R70043991R17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSR SUBR WVD POLICY NUMBER MMIDD POLICY EXP MMIDD LIMITS A GENERAL LIABILITY GL 1010112012 EACH OCCURRENCE $1, 000,000 PREMISES Ea occurrence $1, 000,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $10 ,000 CLAIMS -MADE X❑ OCCUR X X,C,U Cove PERSONAL & ADV INJURY S1, 000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000, POLICY X PRO- X JECT LOC A AUTOMOBILE LIABILITY CA 170 73 788 10 01 2011 10 01 2012 COMBINED SINGLE LIMIT (Ea accident) $2 ,000,000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE X HIRED AUTOS X NON -OWNED Per accident AUTOS D TH1100027 10/01/2011 10/01/2012 EACH OCCURRENCE $5,000,000 X UMBRELLA LIAB X OCCUR AGGREGATE s5 EXCESS LIAR CLAIMS -MADE DED RETENTION B WORKERS COMPENSATION AND wc20635697 10 01 2011-1010112012 X WC STATU- oTH- TORY LIMITS B EMPLOYERS'LIABILITY YIN wc20635698 10101120111010112012 E.L. EACH ACCIDENT $1, 000,000 ANY PROPRIETOR / PARTNER/ EXECUTIVE wc20635699 10/01/2011 10/01/2012 B OFF ICER/MEMBEREXCLUDED? (Mandatory In NH) NIA E.L. DISEASE -EA EMPLOYEE $1, 000,000 H yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S1, 000,600 c Contractor Prof CoPS1952583 10/01/2011 1010112012 Each Clain $5,000,000 Prof /Poll Liab Agggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) City of Sanford is included as additional insured with respect to General Liability, Auto Liability and Umbrella Liability policies where required by written contract. Stop Gap coverage for the following states: OH, WA, WY. `m r c m m 'O 0 n m m Or n O Z m it m V v CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Sanford AUTHORIZED REPRESENTATIVE Attn: Bilal Iftikhar P.O. Box 1788 Sanford FL 32772 USA mss ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD