555-Ardaman Groundwater thru 05Ardaman & Associates, Inc.
PROPOSAL/PROJECT ACCEPTANCE AND AGREEMENT
PROJECT INFORMATION:
Client Name City of Sanford
Project Name Mayfair Golf Course and Site 10 Reclaimed Water Reuse Systems
Project Location Seminole County, Florida
Proposal Number and Date 03-023 November 4, 2004
Description of Services Groundwater Consulting Services throuqh September 30, 2005
Estimated Fee $23,798.00
PAYMENT RESPONSIBILITY:
Invoices to be paid by City of Sanford
Address P.O. Box 1788
City/State Sanford, FL
Attention Paul R. Moore, P.E.
Zip Code 32772-1788 Phone 407-330-5640
Title Utility 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
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PROPERTY OWNER IDENTIFICATION: (If other than above)
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SPECIAL INSTRUCTIONS:
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:
By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and
Ardaman & Associates, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein
by reference. In the event this Proposal Acceptance was received by facsimile, Client hereby confirms that the
above described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and
Ardaman & Associates, Inc.'s General Conditions have been made available and are incorporated in this agreement.
Accepted this '~-'~, day of (~-~,~.X~,~c~e-~'
(Print or type~r~idual, fir~fl~or c~rate body name)
(Signature of aut~zed repre~entative~ -~ '
, 2004.
(Print or type name of authorized representative and title) Revision 7-2004
GENERAL CONDITIONS
Parties And Scope Of Work: Ardaman & Associates. Inc. (hereinafter referred to as "Ag.A") shal[include said company, its individual professionals, division, subsidiary or affiliate
performing the Work. "Work" means the specific services to be pedormed by A&A as set forth in A&A's proposal, the Client's acceptance thereof, beth incorporated herein by
this reference, andtbaseGeneralConditions. "Client~referstothepersonorbusinessentityorderiegtheWorktobedonebyA&A. fitheclientisordedngtheWorkonbehalf
of another, the Client represents and warrants that the Cliont is the duly authedzed agent of said party for the purpose of ordering and directing said Work. Further. Client shall
disclose any such agency relationship to A&A in wdfing before the commencement of A&A's Work hereunder, Client agrees that A&A's professional duties are specifically limited
to the Work as set forth in A&A's proposal The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is
adequate and sufficient for the Client's intended purpose. Client shall communicate these General Conditions to each and every third pady to whom the Client transmits any
part of A&A's Work. A&A's Work is for the exclusive use of Client. and its propedy disclosed principal. In no event shall A&A have any duty or obligation to any third party. The
ordeqng of Work from A&A shall constitute acceptance of the terms of A&A'S proposal and these General Conditions.
Payment - Payment shall be due within 30 days after date of invoice, interest at the rate of 18% per annum (or the highest rate allowable by law) from 30 days after date of
invoice to dali payment is received will be added to all amounts not paid wghin 30 days after date of invoice. All attorney fees and expenses associated with coliocfion of past
due invoices will be paid by Client.
Right. of-Entry - Unioss otherwise agreed, Client wilt furnish right-of-entry on the property for A&A to make the ptsnned bedngs, surveys, and/or explorations..A&,A wil~ 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 property to its former condition. A&A will accomptish 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 authorized representative th disclose the presence and accurate location of all
hidden or obscure man-made objects relative to field tests, sampling, or boring locations. When cautioned, advised or given data in wntlog that reveal the presence or potential
presence of underground or overground obstructions, such as ufilifies. A&A will give special los~uctions to its field personnel. As evidenced by your acceptance of this proposal.
Client agrees to defend, indemnity and save harmtsss A&A from all claims, suits, losses, personal injuries, death and property liability resulting from subsurface conditions or
damages to subsurface structures or man made objects, owned by Client or third parties, occurring in the performance of the proposed work. whose presence a nd exact locafio~s
were not revealed to A&A in whtmg, whether such claims or damages are caused in whole or in pad by A&A. and agree to reimburse A&.A for expenses in connection wgh any
such ctaims or suits. [ncludin9 reasonable attomey's fees. Client's obligation to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable
commercial relationship to the Work underfaken by A&A. Client further agrees that these general conditions are a pad of the Work's specifications or bid documents, if any.
Warranty and Limitation of Liability - A&A shall perform 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 Iccality as the project, th the event any portion of the services fails to comply with this warranty
obligafion and A&A is promptly notified in writing prior to one year after 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
thtended by the proposal for consulting services, by tomishing 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, incidental, or consequential loss or delay or time-related 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 arising out of. connected with or resulting
from the services provided pursuant to this Agreement sha~l nct exceed the total fees paid by Client or $50.000.00. whichever is greater. Ciient may. upon wfiffen request received
wghlo five days of Client's acceptance hereof, increase the limit of A&A's liability by agreeing th pay A&A an additional sum as agreed in writing pdor to the commencement of
A&A'S services. This charge is not to be construed as being a charge for insurance of any type. but is increased considerafion for the greater liability involved.
For services involving or relating to pollution, it is further agreed that the Client shall indemnify and hold harmless A&A and their consultants, agents and employees from and
against ali claims, damages, losses and expenses, direct and indirect or consequential damages, including but not limited to fees and charges of attome~ and court and
arbitration costs, arising out of or resulting from the performance of the work by A&A, or claims against A&A arising from the work of others. This indemnification provision extends
to claims against A&A which arise out of. are related to. or are based upon. the disposat, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic chemicals,
tiquids, gases or any other matabal, irritant, contaminant or pollutant in or into the atmosphere or on. onto. upon. in or into the surface or subsurface, Client's obtigation to
indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable commemial relationship to the Work undedaken by A&A. Client further agrees that
these general conditions are a par[ of the Work's specifications or bid documents, if any.
Sampling or Testing Location - Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs asscciated with professional land surveying
of the site or the accurate barizontsl and vertical locations of testa. Field tests or poring locations described in our report or shown on our sketches are based on specific
information furnished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations untess
otherwise stated in the report.
Sample Handling and Retention - Generally test samples or specimens are consumed and/or substsnba[ly altered during the conduct of testa and A&A. at its sole 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 other'.vise handle the
samples. (a) NON HAZARDOUS SAMPLES: At Client's written request. A&A will maintain preservable test samples and specimens or the residue therefrom for thirty (30) days
after submission of A&A's report to Client free of storage charges. After the initial 30 days and upon wdffen request. A&A will retain test specimens or samples for a mutually
acceptable storage charge and period of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain substances or constituents
hazardous or detrimental th human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances ('Hazardous Substances" and
"Hazardous Constituents". respactively), 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 seleclid by Client for final disposal. Client agrees to pay all costs associated with the storage, transpod, and
disposal of such samples. 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 malidals or cer[ain typos of hazardous materials may exist at a site where there ts no reason to believe they
could or should be presenl~ A&Aand C[ient ag~e that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegofiafion of the scope
of work or termination of services. A&A and Client also agree that the discoveryof unanticipated hazardous materials may make it necessary for A&A to take immediate measures
to protect heafih and safety. A&A agrees to not[fy Client as soon as practicable sbauld unanticipated hazardous materials or suspected hazardous materials be encountered.
Client encourages A&A to take any and all measures that, in A&A's professional opinion, are justified to preserve and protect the heafih and safety of A&A's personnel and the
public. Client agrees to compensate A&A for the additional cost of working to protect employees' and the poblic's health and safety. In addition, Client waives any claim against
A&A, and agrees to defend, indemnify and save A&A harmless from any claim or liability for injury or loss adsing from A&A*S discovery of unanticipated hazardous materials
or suspected hazardous materials. Client also agrees to compensate A&A for any time spent and expenses incurred by A&A in defense of any such claim, with such
compensation to be based upon A&A's prevailing fee schedute and expense reimbursement pcticy relative to recovery of direct project costs,
Joint and Several Liability - The concept of joint and several Itsbility is basicafly this: When two or more parties 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 possible that the
concept of joint and several liability could be construed to make A&A partly or wholly responsible for damages created directly or indirectly by the hazardous materials. Client
agrees that it would be unfair 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. ,~;cordingly,
Client waives a ny claim against A&A. and agrees to defend, indemnify and save A&A harmless from any claim or liability for injury or loss adsing from applicafion 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 permitting one to exist. Client also agrees to
compensate A&A for any time spent and expenses incurred by A&A in defense of any such claim, with such compensation to be based upon A&A's prevailing fee 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 sball only be brought in a court of competent judsd/cfion located in
Oda ndo, Orange County, Flodda. All causes of action adsing out of A&A's Work shall be deemed to have accrued and the applicable statutes of limitation sha~l commence to
run not later than either the date of substantial completion of the Work for acts or failures to act occurring pdor to substantial cemplition, or the date of issuance of final payment
for acts or failures to act occurring after substantial completion of the Work.
Force Majeure - A&A shall not be held responsible for any delay or failure in performance of a ny part of this Agreement to the extent such delay or failure is caused by fire. flood.
explosion, wa r. sthke, embargo, government requirement, civil or military a uthodty, acts of God, act or omission of subconlraclirs, carriers, client or other similar causes beyond
its control.
Gan Conditions Revision 7-2004
Ardaman & Associates, Inc.
Geotechnical, Environmental and
Materials Consultants
November 4, 2004
File Number 03-023
City of Sanford
Department of Utilities
P.O. Box 1788
Sanford, FL 32772-1788
Attention:
Mr. Paul R. Moore, P.E.
Utility Director
Su~e~:
Proposal for Groundwater Consulting Services through September 30, 2005 for City
of Sanford Mayfair Golf Course and Site 10 Reclaimed Water Reuse Systems, and
Miscellaneous Hydrogeology Evaluations at Select City Wells, City of Sanford,
Seminole County, Florida.
Gentlemen:
As requested by you, Ardaman & Associates, Inc. presents this proposal for 2005 groundwater
consulting services through fiscal year ending September 30, 2005 pertaining to the following work
elements: (1) provide four quarterly groundwater monitoring reports for the Mayfair and Site 10
reuse sites; and (2) perform miscellaneous hydrogeology evaluations at select City production
well(s) as requested by the City.
In FY 2005, Ardaman will prepare four Florida Department of Environmental Protection (FDEP)
quarterly reports for groundwater monitoring at 4 wells at Mayfair Golf Course and at 13 wells at
Site 10 under FDEP Permit Number FL0020141-01. It is our understanding that the City will be
responsible for the sampling and laboratory analysis program. Ardaman will provide field and office
consultations and prepare the quarterly reports for each reuse site.
The quarterly sampling will be for analysis of total dissolved solids, chloride, nitrate, and fecal
coliform. Specific conductivity, pH, turbidity and water level are monitored at the time of sampling.
The City should perform the sampling in November, February, May and August. The results from
each quarter will be submitted by Ardaman to the FDEP through the City on FDEP report forms and
signed by a professional engineer in Florida experienced in groundwater. If FDEP requests
additional information at these reuse sites, this effort will be beyond the scope of this proposal.
At select production wells chosen by the City, Ardaman will perform miscellaneous
hydrogeology/groundwater evaluations in the field and/or office to assist the City improve hydraulic
efficiency at subject wells. Data will be collected and analyzed. Field and office evaluations will
be performed and reports prepared to summarize results, develop conclusions and make
recommendations.
8008 S Orange Avenue (32809), Pos[ Office Box 593003, Orlando, Florida 32859 3003 Phone (407) 855 3860 FAX (407) 859 8121
Offices in ~3artow Cocoa Foal Lauderdale Fort Myers. Miami, Orlando Pod Charlotte, Pod St Lucie. Sarasota Tallahassee Tampa, W Palm Beach
City of Sanford 2005 Groundwater Services
File Number 03-023 -2o
Estimated Costs
The monthly invoices will be based on time expended, materials/equipment used and units
performed in accordance with the existing contract fee schedule. The maximum budget not to be
exceeded without further written authorization is $23,798.00.
If the proposal meets with your approval, please have the appropriate person sign the enclosed
proposal acceptance forms and return one for our records. Please do not hesitate to contact the
undersigned should you have questions or if you need additional information.
Very truly yours,
ARDAMAN & ASSOCIATES, INC.
Director, Water Resources
Enclosures
HGS:hgs
City of Sanford 2005 Groundwater Services
File Number 03-023 -3-
Table 1
ESTIMATED COSTS
MAYFAIR AND SITE 10 QUARTERLY REPORTS
Four Quarterly Reports - Mayfair
1 hrs @ $120 per hr
10 hrs @ $102 per hr
12 hrs @ $34 perhr
$120.00
$1,020.00
$408.00
Total Quarterly Reports - Mayfair
$1,548.00
Four Quarterly Reports - Site 10
1 hrs @ $120 per hr
20 hrs @ $102 per hr
16 hfs @ $34 per hr
$120.00
$2,040.00
$544.00
Total Quarterly Reports - Site 10
$2,704.00
Subtotal Quarterly Reports
MISCELLANEOUS PRODUCTION WELL EVALUATIONS
Accumulate and Analyze Database for Wells
3 hfs @ $120 perhr
30 hfs @ $102 per hr
24 hrs @ $54 per hr
10 hrs @ $34 per hr
Mileage Cost Estimate
$360.00
$3,060.00
$1,296.00
$340.00
$40.00
Total Accumulate/Analyze Database $5,096.00
Perform Evaluations
40 hrs @ $102 per hr
40 hrs@ $54 per hr
Mileage Cost Estimate
$4,080.00
$2,160.00
$80.00
Total Perform Evaluations
$6,320.00
Prepare Report(s)
4 hrs @ $120 perhr
40 hrs @ $102 per hr
40 hrs @ $54 per hr
40 hrs @ $34 per hr
Miscellaneous Expenses - $50
$480.00
$4,080.00
$2,160.00
$1,360.00
$50.00
Total Prepare Report
$8,130.00
Subtotal Miscellanous Evaluations
TOTAL ESTIMATED COSTS
$4,252.00
$19,546.00
$23,798.00