ATC Associates ~ 0
CITY OF TIGARD, OREGON
AGREEMENT FOR SERVICES RELATED TO
ASH AVENUE SANITARY SEWER REIMBURSEMENT DISTRICT NO.35
THIS AGREEMENT made and entered into this 17th of June, 2005 by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called City, and ATC Associates, Inc., hereinafter
called Consultant.
RECITALS
WHEREAS, Consultant has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Consultant is in the business of providing specific services and is aware of the purposes for
which City requires the services; and
WHEREAS, City and Consultant wish to enter into a contract under which City shall purchase the
services described in Consultant's bid or proposal;
THEREFORE, The parties agree as follows:
1. SERVICES TO BE PROVIDED
Consultant agrees to provide services related to boring for the O'Mara Edgewood Santiary Sewer
District 31 as detailed in Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Consultant shall initiate services upon receipt of City's notice to proceed, together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire, unless otherwise terminated or extended, on July 30, 2005. All services shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Consultant an amount not exceeding four thousand five hundred and (00-99)/100
dollars ($4,500) for performance of those services described herein, which payment shall be based
upon the following applicable terms:
A. Payment will be made in installments based on Consultant's invoice, subject to the
approval by the City, and not more frequently than monthly. Payment shall be made only
for work actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Consultant,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
C. Consultant shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
D. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subconsultant by any person as such claim becomes
due, City may pay such claim and charge the amount of the payment against funds due or
General Services Agreement—Pacific Water Resources,Inc.
Ash Avenue San Sew Ext Reimbursement District No.35(File No.0564) Page 1 of 6
to become due the Consultant. The payment of the claim in this manner shall not relieve
Consultant or their surety from obligation with respect to any unpaid claims.
G. Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one work week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
H. Consultant shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical, hospital care or other needed care
and attention incident to sickness or injury to the employees of Consultant or all sums
which Consultant agrees to pay for such services and all moneys and sums which
Consultant collected or deducted from the wages of employees pursuant to any law,
contract or agreement for the purpose of providing or paying for such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
5. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices,bills,payments, and other information:
Contract Manager for City Contract Manager for Consultant
City of Tigard Company: ATC Associates,Inc.
Attn: Vannie T.Nguyen,P.E.,CIP Engineering Mgr Attn: Fritz Leonard, Senior Project Manager
13125 SW Hall Blvd.,Tigard,Oregon 97223 Address: 11825 SW Greenburg Road,Suite 2B
Phone: (503)639-4171 ext.2460 Phone: 503-684-0525
Fax: 503-624-0752 Fax: 503-624-0415
Email Address: vannie@ci.tigard.or.us Email Address: leonard38@atc-enviro.com,
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 30th of July,
2005 shall be accompanied by thirty (30) days written notice to the other party prior to the date
termination would take effect. There shall be no penalty for early termination. If City terminates
the contract pursuant to this paragraph, it shall pay Consultant for services rendered prorated to the
date of termination.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Consultant as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
9. FORCE MAJEURE
Neither City nor Consultant shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
unusually severe weather or delay of subConsultant or supplies due to such cause; provided that the
General Services Agreement-09-11-03 Rev.-09/17/03
parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other
party in writing of the cause of delay and its probable extent. Such notification shall not be the basis
for a claim for additional compensation. Each party shall, however, make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
10. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Consultant also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
11. INDEMNITY/HOLD HARMLESS
Consultant shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands,judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Consultant
or its subconsultants, agents, or employees under this contract, except, however, that the foregoing
shall not apply to liability that arises out of City's negligence.
12. INSURANCE
Consultant shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Consultant's
activities or work hereunder.
The policy or policies of insurance maintained by the Consultant shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal & Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense(any one person) 5,000
B. Business Automobile Liability Insurance
If Consultant will be delivering any goods or services which require the use of a vehicle,
Consultant shall provide City a certificate indicating that Consultant has business automobile
liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit
per occurrence shall not be less than $1,000,000. Said insurance shall name City as an
additional insured and shall require written notice to City thirty (30) days in advance of
General Services Agreement-09-11-03 Rev.-09/17/03
cancellation. If Consultant hires a carrier to make delivery, Consultant shall ensure that said
carrier complies with this paragraph.
C. Workers' Compensation Insurance
The Consultant and all employers providing work, labor or materials under this Contract
that are either subject employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017, which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers or employers that are
exempt under ORS 656.126. Out-of-state employers must provide Oregon workers'
compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Consultants who perform work without the
assistance or labor of any employee need not obtain such coverage. This shall include
Employer's Liability Insurance with coverage limits of not less than $500,000 each
accident.
D. Insurance Carrier Rating
All coverage provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carner(s) with an unacceptable financial rating.
E. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Consultant shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit Consultant's liability
hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount of any
damage, injury, or loss caused by negligence or neglect connected with this contract.
20. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert), attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and
subConsultants and income tax withholding contained in ORS Chapter 279, the provisions of
which are hereby made a part of this agreement.
22. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
General Services Agreement-09-11-03 Rev.-09/17/03
24. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. In the event of an inconsistency
between Exhibit A and Exhibit B, Exhibit A shall control. No modification of this Agreement shall
be effective unless and until it is made in writing and signed by both parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent,modification, or change if made, shall be effective only
in specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Consultant, by the
signature of its authorized representative, hereby acknowledges that Consultant has read this
Agreement, understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Consultant has executed this Agreement on the date hereinabove first written.
CONSULTANT
ATC Associates, Inc.
By: Company Name
P " Nam
t ee&Title of thorize Rep'resentatiNM
Sign Nat& Date
CITY OF TIGARD
U-A�4-"wqn�
By: Vannie T. 4g4yj1i, P.E. CIP Engineering Manager Date
Q...'jor� • -- off-.
By: A f P. Duenas,P.E, City Engineeri*g Date
General Services Agreement-09-11-03 Rev.-09/17/03
0 •
EXHIBIT A
SCOPE OF SERVICES
Scope of Services will be as outlined in the attached Proposal for Borings from ATC Associates, Inc.
dated June 10, 2005.
General Services Agreement-09-11-03 Rev.-09/17/03
EXHIBIT B
CONSULTANT'S PROPOSAL
General Services Agreement-09-11-03 Rev.-09/17/03
11825 SW Greenburg Road, Suite 2B
Tigard,Oregon 97223
(:VJ%TC www.atc-enviro.com
ASSOCIATES INC 503.684.0525
fax 503.624.0415
June 10,2005
Ms.Vannie Nguyen
City of Tigard Engineering Department
13125 SW Hall Boulevard
Tigard,Oregon 97223
RE: Proposal for Borings
O'Mara Edgewood Sanitary Sewer District#31
Tigard,Oregon
Dear Ms.Nguyen:
ATC Associates, Inc. (ATC) is pleased to submit this proposal to perform borings for the O'Mara
Edgewood Sanitary Sewer District#31. This proposal outlines our understanding of the project and
presents the proposed scope of services and associated fees.
PROJECT INFORMATION
We received verbal project information from you including a general description of the existing
roadway at the subject site. ATC understands that collected information concerning soil conditions
will be used in the design and construction bid phase of a sewer reimbursement project. The
proposal was prepared based the boring location map faxed on June 8, 2005.
PROPOSED SCOPE OF SERVICES
We propose to core pavement and drill a total of 3 soil test borings, located in the vicinity of the
proposed manhole locations identified on the site map provided by The City of Tigard on June 8,
2005. The test borings will be advanced to a maximum depth of 16 feet depending on the
proposed depth of the manhole vertical depths. We will perform our fieldwork with as minimum
an impact as possible on the sites and residents.
The borings will be advanced using hollow stem auger drilling equipment in accordance with
current American Society for Testing and Materials (ASTM) methods and specifications. Soil
samples will be collected using a two-inch diameter Standard Penetration Test(SPT) sampler. The
Proposal For Evaluation of Soil Conditions
O'Mara Edgewood Sanitary Sewer District#31
Tigard,Oregon
SPT sampler will be driven 18 inches into undisturbed soil using a 140-pound hammer free-falling
a distance of approximately 30 inches. Soil samples will be collected from the SPT sampler at 2.5-
foot centers to an approximate depth of 10 feet bgs, and at 5-foot centers thereafter to the boring
termination depth. Field personnel will monitor the drilling operations, log the test borings, and
record the penetration resistances of the sampler. Test boring depths may be adjusted based on the
actual soils encountered. After completion, the test borings will be backfilled with auger cuttings
and existing pavements will be patched with cold mix asphalt and compacted. At the completion
of the drilling operations, soil samples will be returned to our laboratory where our geotechnical
engineer will examine and select samples for laboratory testing.
Prior to the start of drilling activities, ATC will arrange for the marking of public utilities. In
addition,due to the fact that the proposed boring locations are entirely within City of Tigard right-of-
ways,ATC will arrange for traffic control services at each location to ensure public safety.
An ATC Geologist will observe the drilling procedures and classify site soils in accordance with the
Unified Soil Classification System (ASTM D-2488). The following geologic and hydrogeologic
information will be recorded on soil boring logs:
• Thickness of asphalt
• Thickness of road sub-base(base rock)
• Soil types by depth
• Depth that groundwater is encountered during drilling and at completion
• Blowcounts for each 6 inches of penetration into undisturbed soil
• Soil recovery(inches)
We anticipate the following laboratory testing services on this project. The testing will be performed
in general accordance with applicable ASTM standards.
• Soil classification that includes grain size analyses (sieves), Atterberg Limits (plasticity
indices and liquid limit), and moisture content. Four (4) soil classifications will be
performed for purposes of identification and characterization.
DELIVERABLES
ATC will use the information obtained from the field exploration and laboratory testing program to
evaluate the subgrade soils at the site. From these determinations,we will develop an opinion on the
condition of the moisture content and slope stability component of the subsurface soils. A written
report containing our findings will be prepared and sealed by a Geotechnical Professional Engineer
registered in the State of Oregon. The following information will be provided:
• A summary of the information provided to us;
• The results of the field explorations and laboratory testing conducted and a brief
summary of our test procedures;
The assessment of site environmental conditions or the presence of petroleum impact in the soil,rock,
and groundwater of the site is beyond the scope of this investigation. However, we will report our
observations in regard to the presence of solid waste and/or deleterious materials in the subsurface at
the soil test boring locations.
ATC Associates,Inc. 2 City of Tigard
June 10,2005
Proposal For Evaluation of Soil Conditions
O'Mara Edgewood Sanitary Sewer District#31
Tigard,Oregon
FEE ESTIMATE AND COMPENSATION
Based on the scope of services described above, ATC estimates our fees for the field exploration,
laboratory testing, and associated slope stability evaluation to be $ 4,500. This estimate is
considered a not-to-exceed amount; therefore, we will contact your office if additional costs
become necessary. Our fee breakdown is presented on the attached Fee Estimate and we invoice
projects on a monthly basis. Each month we will provide you with an invoice for our services
performed during the past month.
SCHEDULE
ATC expects the coring and drilling to take approximately one day to complete at the site
commencing on June 23rd. By June 28th,lab analysis will be complete and report issued by July 86'.
AUTHORIZATION
If this proposal is acceptable, please execute the enclosed proposal acceptance sheet and return it to
our office at your earliest convenience. This proposal is valid for 60 days from the proposal date
unless extended in writing. Any exceptions to this proposal or ATC's Terms and Conditions
including special requirements or other required changes should be listed.
ADDITIONAL SCOPE OF SERVICES
We understand the purpose of our scope of services presented above is to observe and document the
subsurface soil conditions.
If requested, we are available to provide assistance in discussing the soil conditions during the
bidding phase of the sewer construction project.
CLOSING
We appreciate your consideration of us for these services and are looking forward to working as your
geotechnical consultant on this project. Please contact us with any questions you may have regarding
this proposal.
Sincerely,
ATC Associates,Inc.
Bruce A.Wolle,M.S.E.,P.E. !FritUJzLnard
Senior Geotechnical Engineer Senior Project Manager
ATC Associates,Inc. 3 City of Tigard
June 10,2005
JUN-21-2005 TUE 09: 19 AM AT SSOC I RTES FAX NO. 51,;,6240415 P. 02
CERTIFICATE OF INSURANCEData:(MM/DD/YY)
5121/2005
LDckt4n G'OmpaniUS of HOII$t Ull
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
5847 San Felipe,Suite 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
H(3-260.Tx 77057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
HOG-260-1055(Fax) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
F:26-•502-1055(Fax)
INSURERS AFFORDING COVERAGE
INSURED: Insurer A: Commerce &Induslr AIG)
ATC Croup Sorvices Inc. InSUrer B: American Homo Assurance Co.
ATC Associates Inc.
11625 SW Greenburg Road,#2D Insurer C: American International Specially Lines Insurance Colnpany
Tigard,OR 97223Insurer d: -
COVERAGES
!rHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURFI) NAMED ABOVE FOR THE POLICY f'LRIOD IN)ICATEp.
NOIWITHSTANDING ANY REQUIRr-MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R17-SPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,T1 1E INSURANCE AFFORDED BY TI4E POLICIES DESCRIBED HEREIN IS SUBJECT'TO ALL TI IE TERMS,
EXCI-USIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY DE EXHAUSTED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE —4KA]IUN
GENERAL LIABILITY DATE LIMITS
EACH OCCURRFNCE s 1,000,000
_ A X CUMNICRGIAL GENERAL LIABILITY FIRE DAMAGE IaNr oNc FiRE>
- - � 500,000`
X OCCURxENCC -- --- 417-87-02 06/01/2005 06/01/2006 MED EXP rPER P(I.^
xru Iticwr)rn
$ T 10,000
PERSONA(.&ADV INJURY $ 1,000,000
ISOr6Ra1C0 00011001
-- GENERAL AGGRCGATE $ 2,000,()00
CENT AGGREGATC:LIMITAPPLICS FI=R PRODUGTSICOMP.Oh, $ 2,000,000
AGG
PROJECT
AUTOMOBILE LIABILITY
_X n;1YAUTD _ COMBINED SINGLE LIMIT $ 1,000,000
- - — ____ tEncH nGCILiENTj
A ALL OWNFO AUTOS 505-36-20(AOS) 06/01/2005 0E/01/200(
A SCI IFnULED AUTOS — r
_ -_ SOS-45-48 (FL, GA& NY) 06101!2005 06/01/2006
A_ -X I�iREI)nuTps. 505-45-49(MA) 06/01/2005 06/01/2006
A X NONOWNEDAUTOS 505-36-81 (TX) 00/01/2005 06/01/2006
EXCESS LIABILITYfUMBRELLA
t"ACH OCCURRENCE $ 5,000,000
—�- )( UCCI;F:RENCE EGU 7549087 06/01/2005 06/01/2006 AGGREGATE
CLAifdIS ADE ----" - — � $ 5,000,000
WORKERS'COMPENSATION
WORKERS'COMPENSA1ION STA'I"UTORY
B EMPLOY( RS LIABILITY WC-3288489 (A05) 06/01/2005 06/01/2006 EL EACIIACCIDENT
and _- $ 1,000,000
j — WC-3288490 (CA) 06/01/2005
06/01/2006 FL DISEASE-CA EMPLOYEE
$ -- -- $ 1,000,000
E!.DISEASE POLICY LIM17 $^ 1,000,000
ERL'MAR
OTHER Professional/Pollution 1956079 06/01/2005 06/01/2006 EACH CLAIM $ 1,000,000
Liability-Claims Made AGGREGATE
$ 1,000,000
I<S; DESCRIPTION OF FOPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS:
CHL-CI<
uOX � ANBLKFT WAIVkR OF SU13ROGATION IS GRANTED IN FAVOR OF CCXTIFICATE HOLDER ON ALL POLICIES WITH RFSPECT TO LIABILITY ARISING OUT OF OPERATION PERI''URMF.D DY
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CE14YII-KATE I ICLOGK IS NAML-O AS AN ADDITIONAL INSURED ON ALL POLICIES(CXCEPT FOR WOkK@RS'COMP7EL AND POLLUTION/PROFESSIONAL LIABILITY)WITH RESPCCT TO
I-IAnILITY ARISING our OF OPFRATIONS PFRFORMLD BY OR ON BEHALF OF NAMED JNSUkL'D WHERE ANO TO THE EXTENT REQUIR(LO BY WRIT'I EN CONTRACT,
UMkIRF(LA LIMIT ARF EXCESS OF GENERAL LIABILITY,AUTOMOBILE LIA131UTY AND FMPLOYLR'5 LIABILITY.
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CI_RTIFICATE HOLDER: CA IELLATION:
SHOULD ANY OF INC ABOVE DESCRIBED POLICIFS BE CANCELLED EFOHE T NC
EXPIRATION DATE TI"IElREOr,TI IG ISSUING INSURER W II L ENDEAVOR 1'0 MAIL 30'DAYS
WRITTFN NOTICE TO THC CERTIFICATE 1401 DER NAMED TO TFIC LFF'I'.BUT FAILURE TO OO
SO SHALL IMPOSE NO OOI.IGATION OR LIABILITY OF ANY KIND UPON 71 IC INE URER,ITS
Elly 01Tigard AGENTS OR REI''RCSFN'r.ATIVCS."EXCEPT 10 DAYS NOTICE FOR NONPAYMEN r,
13125 Southwest Hall Boulevard AUTHORIZED RCPRESENTATIVJ
Tigard, OR 97223