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574-Ardaman-Art Lane groundwateArdaman & Associates, inc. PROPOSAUPROJECT ACCEPTANCE PROJECT INFORMATION: Client Name Sanford Public Works Deoartment Project Name Art Lane Landfill Project Location Sanford, Florida Proposal Number and Date 02-199 January 10, 2003 Description of Services 2003 Groundwater and Gas Monitorinq Services Estimated Fee $26,989.00 PAYMENT RESPONSIBILITY: Invoices to be paid by Sanford Public Works Department Address P.O. Box 1788 City/State Sanford, FL Attention Robert G. Herman Zip Code 32772-1778 Phone 407-330-5681 Title Assistant Director APPROVAL OF CHARGES: If the invoices are to be approved by a party other than the party responsible for payment above, please fill in the space below. Firm Address City/State Zip Code Phone Attention Title PROPERTY OWNER IDENTIFICATION: (If other than above) Name Address City/State Zip Code Phone Attention Title SPECIALINSTRUCTIONS: PAYMENT TERMS: Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest charges, 1%% per month following the due date. PROPOSAL ACCEPTANCE: The Terms and Conditions of this Proposal, including the Terms on this page and the General Conditions on the reverse are: Accepted this ~it7 of Sanford ~. _ (Prin~r~_ indi~) (Sig~tture of authorized-~presentat~ve) Brady Lessard, Mayor (Pdnt or type name of authorized representative and title) GENERAL CONDITIONS Payment - Payment shall be due within 30 days after date of invoice. Interest at the rate of 18% per annum from 30 days after date of invoice to date payrrmnt is received will be added to all amounts not paid within 30 days after date of invoice. In the event that any law limiting the amount of interest or other charges permitted to pa collected is interpreted so that this charge violates such law for any reason, the interest charge is hereby reduced to the extent necessary to eliminate such violation. All attomey fees and expenses associated with cctlection of past due invoices will be paid by Client. Insurance - Ardaman & Associates, Inc. (A&A) maintains Workers' Compensation and Employer's Liability Insurance in conformance with state law th addition, we maintain Comprehensive General Liability Insurance and Automobile Liability Insurance with bodily injum/ limits of $1.000,000.00 and propady damage limits of $1,000,C00.00. A ce~tificato of insurance can he supplied evidencing such coverage which contains a clause providing that fifteen days wdtten notice be given poor to cancellation. Right-of-Entry - Unless otherwise agreed, Client will tomish dght-of..ent~ on the property for Ag, P, to make the planned borings, surveys, and/or explorations. A&A will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount. If Client desires to restore the proper~ to its former condition. A&A will accomplish this and add the cost to its fee. Damage to Existing Man-made Objects - it shall be the responsibility of the Owner or his duly authedzed representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to field tests, sampling, or boring Iccedons. When cautioned, advised or given data in wdting that reveal the presemc~ or potential presence of underground or overground obstructions, such as utirilJes. A&A will give special instructions to its field personnel. As evidenced by your acceptance of this proposal. Client agrees to indemnity and save harmless A&A from all claims1 suits, losses, personal injudes, death and property liability resulting from unusual subsurface conditions or damages to subsurface structures, owned by Client or third parties, occurring in the performance of the proposed work, whose presence and exact iocagons were not revealed to A&A in wdtthg, and to reimburse A&A for expenses in connection with any such claims or suits, including reasonable attorney's fees. Warranty and LImftatton of Liability - A&A shall pedorm services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and A&A is promptly notified in witting prior to one year afier completion of such portion of the services. A&A will re-perform such portion of the services, or if re-performance is impracticable, A&A will refund the amount of compensation paid to A&.A for such portion of the services. This warranty is in lieu of all other warranties. No other warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by fumishing an oral response of the findings made or by any representations made regarding the services included in this agreement, In no event shall A&A be liable for any special, indirect, iocidental or consequential loss or damages. The remedies set forth herein are exclusive and the total liability of consultant whether in contract, tort (including negligence whether sole or concurrent), or otherwise aheing out of, connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. At additional cost, Client may obtain a higher limit pitor to commencement of services, For ser,,ices involviog or relating to pollution, it is further agreed that the Client shall indemnity and held harmless A&A and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect or consequential damages, including but not limited to fees end charges of attomeys and court and arbitration costs, arising out of or resulting from the pedormance of the work by A&A, or claims against A&A adsing from the work of others. This indemnification provision extends to claims against A&A which adse out of. are related lo. or are based upon, the disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkatis, toxic chemicata, liquids, gases or any other material, irritant, contaminant or paliotant in or into the atmosphere or on. onto, upon, in or into the surface or subsurface. Sampling or Testing Location - Unless sbeclfically stated to the contrai¥, the unit fees included in this proposal do not include costa associated with professional land surve~ng of the site or the accurate hodzontst and vertical locations of testa. Field testa or beedg locations described in our report or shown on our sketches are based on specific information furnished to us by others or estimates made io the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. Sample Handling and Retsntlon - Generally test samples or specimens are consumed and/or substantialty altered dedng the conduct of tests and A&A, at its sota discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, A&A will maintain preservable test samptas and spacimans or the residue therefrom for thirty (30) days after submission of A&A's report to Client free of storage charges. After the thitial 30 days and upon wdften request. A&A will retain test specimens or samples for a mutually acceptable storage charge and peedd of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain substances or constituents hazardous or dstdmental to human health, safety or the environment as defined by federal, state or local statues, regulations, or ordinances ("Hazardous Substances" and "Hazardous Constituents", respectively). A&A will, after completion of testing and at Client's expense: (i) return such samples to Client; (ii) using a manifest signed by Client as generator, will have such samples transported to a location selected by Client for final disposer. Cliest agrees to pay all costs associated with the storage, transport, and disposal of such samptes. Client recognizes and agrees that A&A is acting as a bailee and at no time does A&A assume title of said waste. Discovery of Unanticipated Hazardous Materials - Hazardous matedals or certain typas of hazardous materials may exist at a site where thero is no reason to believe they coutd or should be present. A&A and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegegedon of the scope of work or termination of services. A&A and Client also agree that the discovery of unanticipated hazardous matehebi may make it necessary for A&A to take immediate rm~asures to protest health and safety. A&A agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages A&A to take any and aJI measures that, in A&A*S professional opinion, are justified to preserve and protect the haaith and safety of A&A's personnel and the pubtic, Client agrees to compensate A&A for the additional cost of working to protect employees' and toe public's health and safety. In addition, Client waives any claim against A&A. and agrees to detendl indemnity and save A&A harmless from any claim or liability for thjur/ or loss arising fTom A&A's discoveiy of unanticipated hazardous matedals or suspected hazardous materials. Client also agrees to compensate A&A for any time spent and expanses incurred by A&A in defense of any such claim, with such compansation to be based upon A&A'S prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costa. Joint and Several Lteblgty - The concept of joint and several liability is basically this: When two or more berries are considered responsible for causing injury or damage, any one of the parties may be made to provide compensation for as much as 100% of the damages assessed. When applied to hazardous materials projects, It is passible that the concept of joint and several liability could be construed to make A&A partly or wholly responsible for damages created directly or indimcgy by the hazan:lous matehals. Client agrees that it would be unfatr for A&A to be exposed to such an action, because A&A had nothing whatsoever to do with the creation of the hazardous condition. Accordingly, Client waives any claim against A&A, and agrees to defend, indemnify and save A&A harrnless from any claim or liability for injury or loss adsing from application of a joint and several liability concept that would, in any manner, hold or seek to hold A&A responsible for creating a hazardous condition or parmithng one to exist. Client also agrees to cempansate A&A for any time spent and expanses incurred by A&A in defense of any such claim, with such compensation to be based upon A&A'S prevailing f~e schedule and expense reimbursement policy relative to recovery of direct project costs Legal Jurisdiction - The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction Iccatad in OMando, Orange County, Florida. Force Majeure - A&A shall not he held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, stdke, embargo, government requirement, civil or miliary authority, acts of God. act or omission of subcontractors, cardem, client or other similar causes beyond its control. Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consultar~ts January 10, 2003 File Number 02-199 Sanford Public Works Department P.O. Box 1788 Sanford, Florida 32772-1788 Attention: Mr. Robert G. Herman, Assistant Director Subject: Proposal for 2003 Groundwater and Gas Monitoring Services In Accordance with Florida Department of Environmental Protection Permit for Art Lane Landfill, Sanford, Florida Gentlemen: As requested, Ardaman & Associates, Inc. (Ardaman) appreciates the opportunity to present this proposal for performing the 2003 groundwater monitoring program as stated in the Flodda Department of Environmental Protection (FDEP) Permit Conditions for the subject landfill. This proposal provides the following services from a network of 8 monitoring wells, 4 gas monitoring probes and one surface water site: Biennial monitoring report Two semiannual FDEP format monitoring reports Two water table elevation maps Computer disk for FDEP with each semiannual monitoring report Four quarterly gas probe monitoring events reports The existing monitoring network includes 8 wells (MW-3 through MW-10) and one surface water site (SW-1). Figure 1 shows the approximate monitoring network locations. We recommend that the City install three bollards around each well and gas monitoring probe similar to what the City has installed at MW-3. Several of the monitoring wells and/or gas monitoring probes do not have these protective bollards. Biennial Monitoring Report The biennial report should be completed before the two 2003 semi-annual water quality and water level data are all available. The last biennial report was prepared in December 1999 using historic data through 1999. This document was prepared as part of the closure application documents. Closure construction was completed in 2001. This biennial report will summarize and interpret the water quality data and water level measurements collected during the past four years (1999 through 2002); and will contain: 8008 S Orange Avenue (32809), Post Office Box 593003 Orlando, Florida 32859-3003 Phone (407) 855-3860 FAX (407) 859-8121 Art Lane Yard Trash Landfill File Number 02-199 -2- Tabular and graphical displays of any data which shows that a monitoring parameter has been detected, including hydrographs, for all monitoring wells. A comparison of water quality results between the shallow, middle and deep zone wells. · A comparison of water quality results between upgradient and downgradient wells. · Trend analyses of any monitoring parameters detected. Correlations between related parameters such as total dissolved solids and specific conductance. · Discussion of erratic and/or poorly correlated data. An interpretation of the ground water contour maps, including an evaluation of ground water flow rates. An evaluation of the adequacy of the water quality monitoring frequency and sampling locations based upon site conditions. For each well, a comparison of 2003 measured total depth with that in well completion records. Semiannual Monitoring Reporting Two semiannual ground water sampling events will be performed, subcontracting with an analytical chemistry laboratory to perform the required chemical analyses for the two events. In addition, two semiannual reports will be prepared with these field and laboratory data for the City to submit to FDEP. The semiannual reporting includes tabular groundwater quality results using FDEP format, water levels in all wells in a table, a groundwater contour map and a computer disk with water quality reporting tables. In accordance with the monitoring plan implementation schedule, semiannual samples from the ground water monitoring wells will be collected and analyzed as follows: pH (field), specific conductance (field), turbidity (field), dissolved oxygen (field), temperature (field), total ammonia as N, chlorides, nitrate, total dissolved solids and the EPA 40 CFR, Part 258, Appendix I parameters including iron, memury and sodium. These Appendix I parameters include 18 metals and 47 organic constituents. In accordance with the permit monitoring plan implementation schedule, the semiannual surface water samples will be collected and analyzed as follows: pH (field), specific conductance (field), turbidity (field), dissolved oxygen (field), temperature (field), unionized ammonia as N, total hardness as CaCO3, total organic carbon, total dissolved solids, total suspended solids, biochemical oxygen demand (5 day), chemical oxygen demand, total nitrogen as N, total phosphates as P, chlorophyll A, iron, mercury and the EPA 40 CFR, Part 258, Appendix I parameters. Art Lane Yard Trash Landfill File Number 02-199 -3- In addition, ground water levels in all wells and at the surface water site will be measured to the nearest 0.01 foot and reported in a table as well as on the water quality analyses form. A ground water contour map for the monitored aquifer zone will also be provided semiannually. Gas Monitoring Program Four gas monitoring probes are installed in accordance with the closure specification plans. These flush mounted probes are located near MW-5, MW-6, MW-8 and MW-9. Four quarterly gas probe monitoring and reporting events are proposed this year. The cost estimate for the 2003 monitoring work is provided in Table 1. The monthly invoices will be based on work expended and units performed in accordance with the contract fee schedule. The maximum amount not to be exceeded without further written authorization is $26,989.00. If the proposal meets with your approval, please have the appropriate person sign the enclosed proposal acceptance forms and return one for our records. The work will be in accordance with existing contract 98-99-27. Please do not hesitate to contact us should you have questions or need additional information. We appreciate the opportunity to submit this proposal for these ground water related services. Very truly yours, sH~ rn?~rr twG; t eS~a~eg isaonudr 'i~i~ e er Rodney D. Ghioto, P.E. Director, Water Resources HGS:hgs Enclosures Art Lane Yard Trash Landfill File Number 02-199 -4- Table 1 ESTIMATED COSTS Biennial Ground Water Monitoring Report 4 hrs @ $120 per hr 40 hrs @ $102 per hr 80 hrs @ $54 per hr 40 hfs @ $34 per hr Copying - 75 x 10 x $.10 each Miscellaneous Expenses - $50 Subtotal Biennial Report Semiannual Ground Water Monitoring Program Water Quality Sampling 40 hrs @ $54.00 per hr Materials & Supplies Meter Usage Mileage Cost Estimate Analytical Laboratory Program Groundwater Parameters (16 @ $450.00 each) Surface Water Parameters (2 @ $550.00 each) Groundwater Contour Maps and Reporting 12 hrs @ $102.00 per hr 18 hrs @ $54.00 per hr 18 hrs @ $34.00 per hr Miscellaneous Expenses Subtotal Semiannual Monitoring Program Gas Monitoring Program 8 hrs @ $102.00 per hr 24 hrs @ $54.00 per hr 6 hrs @ $34.00 per hr Meter Usage Mileage Cost Estimate Subtotal Gas Monitoring Program $480.00 $4,O80.0O $4,320.00 $1,360.00 $75.00 $5o.oo $2,160.00 $200.00 $400.00 $50.00 $7,200.00 SI,100.00 $1,224.00 $972.00 $612.00 $50.00 $816.00 $1,296.00 $204.0O $240.0O $100.00 $10,365.00 $13,968.00 $2,656.00 TOTAL ESTIMATED COSTS $26,989.00