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Alexin Analytical Laboratories, Inc ~ C120002 a� June 24, 2015 City of Tigard Alexin Analytical Laboratories, Inc. Attn: Scott Dickman 13035 SW Pacific Hwy. Tigard, OR 97223 REF.: City of Tigard Water Quality Analysis Period:July 1,2015 through June 30,2016 CC�I�T CT NOTICE OF AW - �SEW Dear Mr. Dickman: The City of Tigard has determined that your company has performed in accordance with the .requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the.Agreement, desires to exercise its fourth (4th) and final extension to the Contract effective from July 1, 2015 through June 30, 2016. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may beep a copy for your records. The City looks forward to doing business with Alexin Analytical Laboratories,Inc. Sinc ly mie Greenberg Purchasing Assista 503-718-2492 jarnie@tigard-or.gov tigard-or.gov I/We,hereby acknowledge acceptance of this. Contract renewal, and agree to be bo by all requirements, terms, and conditions as set forth in the ab ced Contra Company: Signed -•`�- Date: V ` 6,r Printed.: 1.3125 SW Hall Blvd. Tigard, Oregon 97223 501639.4171 TTY Relay. 503.684.2772 9 www..tigard-or.gov 1� City of Tigard April 30, 2014 Alexin Analytical Laboratories, Inc. Attn: Scott Dickman 13035 SW Pacific Hwy. Tigard, OR 97223 REF.: City of Tigard Water Quality Analysis Period:June 1, 2014 through May 31, 2015 CONTRACT NOTICE OF AWARD - RENEWAL Dear NIr. Dickman: The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its third (3rd) one-year extension to the Contract effective from June 1, 2014 through May 31, 2015. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Alexin Analytical Laboratories, Inc. Sincerely, f tJyV--- Michelle Wright Business Manager 503-718-2445 NlichelleW@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by ll requirements, terms, and conditions as set forth in the abov nced Contr Company: Date: �` °� Printed: �G� t 'L4 4�_cv-r�_ 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov ■ April 30, 2013 City of Tigard Alexin Analytical Laboratories, Inc. Attn: Scott Dickman 13035 SW Pacific Hwy. Tigard, OR 97223 REF.: City of Tigard Water Quality Analysis Period:June 1, 2013 through May 31, 2014 CONTRACT NOTICE OF AWARD - RENEWAL Dear Mr. Dickman: The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its third (3rd) one-year extension to the Contract effective from June 1, 2013 through May 31, 2014. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within, ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Alexin Analytical Laboratories, Inc. Sincerely, aotd U)Ay?,- Nfichellc Wright Business Manager 503718-2445 NEchcllcW@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms, and conditions as set forth in the above referenced Contract. Company. AL4'Y:tvt 6v►v.UttCw1 La,65,Signed: Date: -S--°t! f 3 Printed: To k"t 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov Contract# CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO 6 i WATER QUALITY"NESTING AND ANALYSIS THIS AGREEMENT made and entered into this 1" day of July, 2011 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "Cite', and Alexin Analytical Laboratories, Inc.,hereinafter called"Contractor",collectively known as the "Parties." RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requites the services;and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,The Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to water quality testing and analysis as detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION Contractor 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 June 30, 2012. The Parties shall have the right to four (4) additional one-year mutual option years. The execution of any option year must occur in writing no later than sixty (60) days prior to the termination of any contract year and must be signed by both Parties. All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an annual amount not exceeding Forty Five Thousand and leo/100 dollars ($45,000.00) for performance of those services described herein. Payment shall be based upon the unit pricing incorporated into this Agreement and subject to the following applicable terms: A. Payment will be made in installments based on Contractor'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 Contractor, 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. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 (543) 639-4171 www.ti and-or. ov E. Contractor shall pay to the Departrnent of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor 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. Contractor 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 Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor 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. L The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the 2011-2012 fiscal year. Future appropriations shall be subject to the City's annual budget adoption by the City Council. 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: CITY OF'rIC.Aib ALEXIN ANALYTICAL LABORATORIES INC. Atte: ennifer oe,Water Conservation Coordinator Attn: Scott Dickman Address: 13125 SW Hall Blvd. Address: 13035 SW Pacific Hwy. Tigard,Oregon 97223 Tigard,OtS on 97223 Phone: 503-718-2599 Phone: 503-639-9311 Fax: 503-684-8840 Fax: 503-684-1588 Email Address: Jennifer ti ard-or. ov Email Address: Scott@alexinlabs.com 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before the 30day of June, 2012 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 Contractor for services rendered prorated to the date of termination. 2011 PSA-Fater Quality Testing and Analysis Services page 2 8. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 9. FORCE MMEURE Neither City nor Contractor 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 subcontractor or supplies due to such cause; provided that the 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 Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, OILS 659.425, and allregulations and administrative rules established pursuant to those laws. 11. INDEMNITYMOLD HARMLESS Contractor 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 Contractor or its subcontractors, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. 12. INSURANCE Contractor 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 Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liab&ty Insurance Contractor shall obtain, at contractor'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 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 1,000,000 2011 PSA-Water Quality Testing and Analysis Services Page 3 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 B. Business Automobile Liabft Insurance If Contractor will be delivering any goods or services which require the use of a vehicle, Contractor shall provide City a certificate indicating that Contractor 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 cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. C. Workers' Compensation Insurance The Contractor 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. Contractors 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 Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. E. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor 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 contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 13. 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. 14. COMPLIANCE WITH STATE AND FEDERAL LAWS RULES Contractor 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 subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. 2011 PSA-Water Quality Testing and Analysis Services Page 4 15. 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, thisinstrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 16. 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. 17. INDUSTRIAL ACCIDENT FUND PAYMENT Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 18. 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 exhibits, 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. Contractor, by the signature of its authori2ed representative,hereby acknowledges that Contractor 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 Contractor has executed this Agreement on the date hereinabove first written. The Agreement was awarded by Tigard's Local Contract Review Board at their June 2$,2011 business meeting. CITY OF TI ARD ALE 1 YTICAL ORATO ES,INC. By: Autho ed City Representative By: Authorized Contractor Representative D Date 2011 PSS -Water Quality Testing and Analysis Services Page 5 EXHIBIT A SCOPE OF SERVICES Contractor shall provide analytical services per the specifications in this Scope of Work. During the term of this contract, the Contractor shall maintain the necessary capability and capacity to provide the specified laboratory services within the appropriate or required turnaround times. The Contractor and all subcontractors shall provide for access by City to audit the lab to assure the accuracy and precision of laboratory results related to the work performed. Access shall be provided during normal business hours. Advanced notice of inspection is not required. The major tasks of this work shall be as follows; 1. ANALYSIS A. All analyses shall be performed by a laboratory certified by the State of Oregon Department of Human Services Health Division for drinking water. B. Laboratory shall provide all bottles, cooler, chain of custody and any other equipment, supplies, or paperwork necessary for the successful completion of the work. C. Laboratory shall provide the City with information regarding after hours sampling and include any additional cost associated with such sampling. 2. REPORTING A. An electronic and/or hard copy report detailing the results of total Coliform analysis shall be delivered to the City within ten (10) calendar days after the collection of samples. B. An electronic and/ot hard copy report detailing the result of analysis not pertaining to total Coliforms shall be delivered to the City within twenty (20) calendar days after the collection of samples. C. A copy of the appropriate and completed Chain of Custody shall accompany all reports. 3. SUBCONTRACTORS It is desired that all or most analyses be performed by a single Contractor. In any instance, all subcontract laboratories shall meet all specifications within this Scope of Work. Proof of subcontractors meeting the criteria must be provided to the City prior to award and usage. The City shall be notified whenever a subcontractor is used. Note: All analyses must be conducted by EPA methods in accordance with the analytical requirements set forth in 40 CFR 141. 2011 PSA-Water Quality Testing and Analysis Services Page 6 Contract# CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO 6 i WATER QUALITY"NESTING AND ANALYSIS THIS AGREEMENT made and entered into this 1" day of July, 2011 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "Cite', and Alexin Analytical Laboratories, Inc.,hereinafter called"Contractor",collectively known as the "Parties." RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requites the services;and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,The Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to water quality testing and analysis as detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION Contractor 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 June 30, 2012. The Parties shall have the right to four (4) additional one-year mutual option years. The execution of any option year must occur in writing no later than sixty (60) days prior to the termination of any contract year and must be signed by both Parties. All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an annual amount not exceeding Forty Five Thousand and leo/100 dollars ($45,000.00) for performance of those services described herein. Payment shall be based upon the unit pricing incorporated into this Agreement and subject to the following applicable terms: A. Payment will be made in installments based on Contractor'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 Contractor, 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. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 (543) 639-4171 www.ti and-or. ov E. Contractor shall pay to the Departrnent of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor 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. Contractor 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 Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor 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. L The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the 2011-2012 fiscal year. Future appropriations shall be subject to the City's annual budget adoption by the City Council. 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: CITY OF'rIC.Aib ALEXIN ANALYTICAL LABORATORIES INC. Atte: ennifer oe,Water Conservation Coordinator Attn: Scott Dickman Address: 13125 SW Hall Blvd. Address: 13035 SW Pacific Hwy. Tigard,Oregon 97223 Tigard,OtS on 97223 Phone: 503-718-2599 Phone: 503-639-9311 Fax: 503-684-8840 Fax: 503-684-1588 Email Address: Jennifer ti ard-or. ov Email Address: Scott@alexinlabs.com 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before the 30day of June, 2012 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 Contractor for services rendered prorated to the date of termination. 2011 PSA-Fater Quality Testing and Analysis Services page 2 8. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 9. FORCE MMEURE Neither City nor Contractor 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 subcontractor or supplies due to such cause; provided that the 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 Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, OILS 659.425, and allregulations and administrative rules established pursuant to those laws. 11. INDEMNITYMOLD HARMLESS Contractor 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 Contractor or its subcontractors, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. 12. INSURANCE Contractor 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 Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liab&ty Insurance Contractor shall obtain, at contractor'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 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 1,000,000 2011 PSA-Water Quality Testing and Analysis Services Page 3 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 B. Business Automobile Liabft Insurance If Contractor will be delivering any goods or services which require the use of a vehicle, Contractor shall provide City a certificate indicating that Contractor 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 cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. C. Workers' Compensation Insurance The Contractor 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. Contractors 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 Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. E. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor 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 contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 13. 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. 14. COMPLIANCE WITH STATE AND FEDERAL LAWS RULES Contractor 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 subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. 2011 PSA-Water Quality Testing and Analysis Services Page 4 15. 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, thisinstrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 16. 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. 17. INDUSTRIAL ACCIDENT FUND PAYMENT Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 18. 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 exhibits, 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. Contractor, by the signature of its authori2ed representative,hereby acknowledges that Contractor 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 Contractor has executed this Agreement on the date hereinabove first written. The Agreement was awarded by Tigard's Local Contract Review Board at their June 2$,2011 business meeting. CITY OF TI ARD ALE 1 YTICAL ORATO ES,INC. By: Autho ed City Representative By: Authorized Contractor Representative D Date 2011 PSS -Water Quality Testing and Analysis Services Page 5 EXHIBIT A SCOPE OF SERVICES Contractor shall provide analytical services per the specifications in this Scope of Work. During the term of this contract, the Contractor shall maintain the necessary capability and capacity to provide the specified laboratory services within the appropriate or required turnaround times. The Contractor and all subcontractors shall provide for access by City to audit the lab to assure the accuracy and precision of laboratory results related to the work performed. Access shall be provided during normal business hours. Advanced notice of inspection is not required. The major tasks of this work shall be as follows; 1. ANALYSIS A. All analyses shall be performed by a laboratory certified by the State of Oregon Department of Human Services Health Division for drinking water. B. Laboratory shall provide all bottles, cooler, chain of custody and any other equipment, supplies, or paperwork necessary for the successful completion of the work. C. Laboratory shall provide the City with information regarding after hours sampling and include any additional cost associated with such sampling. 2. REPORTING A. An electronic and/or hard copy report detailing the results of total Coliform analysis shall be delivered to the City within ten (10) calendar days after the collection of samples. B. An electronic and/ot hard copy report detailing the result of analysis not pertaining to total Coliforms shall be delivered to the City within twenty (20) calendar days after the collection of samples. C. A copy of the appropriate and completed Chain of Custody shall accompany all reports. 3. SUBCONTRACTORS It is desired that all or most analyses be performed by a single Contractor. In any instance, all subcontract laboratories shall meet all specifications within this Scope of Work. Proof of subcontractors meeting the criteria must be provided to the City prior to award and usage. The City shall be notified whenever a subcontractor is used. Note: All analyses must be conducted by EPA methods in accordance with the analytical requirements set forth in 40 CFR 141. 2011 PSA-Water Quality Testing and Analysis Services Page 6 EXHIBIT,if--R PRICING MATRIX WATER QUALITY TESTING AND ANALYSIS COST PER AftNIMUM COST PER PERFORMP:D BY: ANALYTE INDWMUAL QUANTITY FOR DISCOUNTED ANALYSIS DIscoUNT AlVALY8I6 PRIME sun Total Coliform(24 hour) Total Coliform(18 hour) (QU rl Total Coliform(Standard Plate Count) I Quanti-Tray/2000 Qiimd-Tray Microscopic Exam By-ProductsDisinfection Total Haloacetic Acids(HAA5) Total Trihalomethanes(TTHM) Bromate Chiotite IP 1 fi+ 5- 1 ' r• Radon eq RegulatedComplete Radiolgicals CYross alpha particles Beta/photon emitters 3 Combined radium 226/228 Uranium Complete Regulated Ino rga nic Analysis Arsenic Mercury Asbestos Nickel Barium Nitrate Beryllium Nitrate Nitrite Cadmium Nitrite ),75 Chromium Selenium Copper Sodium Cyanide Thallium(total) Fluoride Antimony(total) Lead Complete Unregulated Synthetic • R $utachlor Aidiearb Nfetolachlor Aldibarb 5ulfone Metribuzin Aldicatb Sulfoxide Aldrin Carbaryl Dieldrin 3-Hydtoxycarbofuran Propachlot Methomyl Dicamba Bromoxynil Dimethl hthaLte RFP—Water Quality Testing and Analysis Services Page Close—Tuesday,Aptil 26,2011 —2:00 p.m. Complete Regulated Synthetic Organic F Picloram 2,4-D r 2,4,5-TP(Silvex) e Benzoapyrene e Di 2-ethylhexyl adipate ne Di 2-ethyihexyl phthalate Carbofuran lor Vydate /Glyphosate tychlor Endothall Toxaphene Diquat PCBs Dioxin(2,3,7,8-TCDD) Dalapon Heptachlor epoxide Dinoseb Hexachlorobernzene Hexachlorocyclopentadiene Pentachlorophenol OrganicComplete Unregulate&Synthetic • [Butachlor Aldicarb Metolachlor Aldibarb Sulfone Metribuzin Aldicarb Sulfoxide vlC�+e Aldrin Carbaryl i Dieldrin 3-Hydsoxycarbofuran r� u� Propachlor Methomyl e-g Dicarnb2 Bromoxynil Soc— Dimethlyphthalate Organic 1,1-Dichloroethylene Ethylbenzene 1,1,1-Trichloroethane Monochlorobenzen 1,1,2-Trichloroethane e 1,2-Dichloroethane styrene 1,2-Dichioropropane Tetrachloroethylene 1,2,4-Trichlorobenzene Toluene 1,2-Dichlorobenzene Total Xylenes 1,4-Dichlorobenzene Trichloroethylene 1 Benzene Vinyl Chloride Carbon tetrachloride Dichloromethane cis-and trans-1,2-Dichloroeth leve CoMplete Unregulated Volitile Organic 1,1-D777oroethane dichlorodifluoromethane 1,1-Dichloropropene Chloroethane 1,1,1,2-Tetrachloroethane Chloromethane 1,1,2,2-Tetrachloroethane Fluorotrichloromethane 1,2,3-Trichloropropane Hexachlorobutadierne 1,3-Dichloropropane Isopropylbenzene ZLC1(AJj 1,3-Dichlaropropene p--Isopropyltoluene � 2,2-Dichlotopropane Napthalene �;} + � j 1,2,3-Trichlorobenzene sec-Butylbenzene �CyCpUIwolt 1,2,4-Trimethylbemene tent-Butylbenzene ® c- 1,3,5-Trimethylbenzene m-Dichlorobenzene Bromobenzene o-Chlototoluerne Bromomethatie p-Chlorotoluene Bromochloromethane Methyl-tert-butylether n-Bu ]benzene MTBE RFI'—Water Quality Testing and Analysis Services page it er Close—Tuesday,April 26,2011 —2:00 p.m. 0 COST PER MngIwM COST PER PERFORMEI]BY; ANALYTE L D=UAL QUANTITYPOR D SCOUNTEn ANAI;:YSI5 Di$coTIN T ANALYsis IPRnyzE 5vH Complete GeocliernicalAnalysis Bicarbonate T'otassium Calcium Silica Carbonate Sodium Chloride sulfate Hardness Total Alkalinity Magnesium Total Dissolved Solids Nitrate Total Organic Carbon Nitrate+Nitrite Total Suspended Solids Nitrite Color MBAs FuoriOdor Fluoride Fldee C anide rs tninurn Lead timony Manganese enic Mercury ium Nickel Beryllium Selenium Cadmium 5iiiivet Chtomium Thallium Copper Zinc Iron Miscellaneous Contaminant Analysis Aluminum Antimony 1 5 Atsenlc 157 Asbestos Barium //1 Betylliurn l D Bicarbonate30 Cadmium 1 Calcium ' Carbonate (3D Chloride r Chromium { Color l _ Coppet / 0 CorrosiVIty Cyanide 64� Hardness(as CaCO3) `--t ( 5- Fluoride �LQ RFT'--Water Quality Testing and Analysis Services Page Close—Tuesday,April 26,2011 —2:00 p.m. COST PER MINIMUM COST PER PERFORMED$Y: ANALYTE INDIVIDUAL QUANTITY FOR DiscoUNTED ANALYSIS DISCOUNT ANALYSIS PRIME SUB Foaming Agents Iron Al Lead 11 J MEAS Magnesium Manganese 1 /"� Mercury Nickel py Nitrate(as N) i Nitrite(as N) c} 6 Total Nitrate+Nitrite(as N) 3 Odor Iq P� Potassium J Selenium Silver 7 Silica f L Sodium -57 Sulfate 3o Thallium Total Alkalinity I Total Dissolved Solids J Total Organic Carbon © x Total Suspended Solids x Zinc to ADDITIONAL SERVICESA1lDITIONAL COST PER'AAIAIYSIS: PERFOR&F_D 24 hour turn-around 48-hour turn-around coy �a f 72-hour turn-around E---U`` SC) After Hours Total Coliform Analysis RFP—Water Quality Testing and Analysis Services Close—Tuesday,April 26,2011 —2:00 p.m. Paged EXHIBIT,if--R PRICING MATRIX WATER QUALITY TESTING AND ANALYSIS COST PER AftNIMUM COST PER PERFORMP:D BY: ANALYTE INDWMUAL QUANTITY FOR DISCOUNTED ANALYSIS DIscoUNT AlVALY8I6 PRIME sun Total Coliform(24 hour) Total Coliform(18 hour) (QU rl Total Coliform(Standard Plate Count) I Quanti-Tray/2000 Qiimd-Tray Microscopic Exam By-ProductsDisinfection Total Haloacetic Acids(HAA5) Total Trihalomethanes(TTHM) Bromate Chiotite IP 1 fi+ 5- 1 ' r• Radon eq RegulatedComplete Radiolgicals CYross alpha particles Beta/photon emitters 3 Combined radium 226/228 Uranium Complete Regulated Ino rga nic Analysis Arsenic Mercury Asbestos Nickel Barium Nitrate Beryllium Nitrate Nitrite Cadmium Nitrite ),75 Chromium Selenium Copper Sodium Cyanide Thallium(total) Fluoride Antimony(total) Lead Complete Unregulated Synthetic • R $utachlor Aidiearb Nfetolachlor Aldibarb 5ulfone Metribuzin Aldicatb Sulfoxide Aldrin Carbaryl Dieldrin 3-Hydtoxycarbofuran Propachlot Methomyl Dicamba Bromoxynil Dimethl hthaLte RFP—Water Quality Testing and Analysis Services Page Close—Tuesday,Aptil 26,2011 —2:00 p.m. Complete Regulated Synthetic Organic F Picloram 2,4-D r 2,4,5-TP(Silvex) e Benzoapyrene e Di 2-ethylhexyl adipate ne Di 2-ethyihexyl phthalate Carbofuran lor Vydate /Glyphosate tychlor Endothall Toxaphene Diquat PCBs Dioxin(2,3,7,8-TCDD) Dalapon Heptachlor epoxide Dinoseb Hexachlorobernzene Hexachlorocyclopentadiene Pentachlorophenol OrganicComplete Unregulate&Synthetic • [Butachlor Aldicarb Metolachlor Aldibarb Sulfone Metribuzin Aldicarb Sulfoxide vlC�+e Aldrin Carbaryl i Dieldrin 3-Hydsoxycarbofuran r� u� Propachlor Methomyl e-g Dicarnb2 Bromoxynil Soc— Dimethlyphthalate Organic 1,1-Dichloroethylene Ethylbenzene 1,1,1-Trichloroethane Monochlorobenzen 1,1,2-Trichloroethane e 1,2-Dichloroethane styrene 1,2-Dichioropropane Tetrachloroethylene 1,2,4-Trichlorobenzene Toluene 1,2-Dichlorobenzene Total Xylenes 1,4-Dichlorobenzene Trichloroethylene 1 Benzene Vinyl Chloride Carbon tetrachloride Dichloromethane cis-and trans-1,2-Dichloroeth leve CoMplete Unregulated Volitile Organic 1,1-D777oroethane dichlorodifluoromethane 1,1-Dichloropropene Chloroethane 1,1,1,2-Tetrachloroethane Chloromethane 1,1,2,2-Tetrachloroethane Fluorotrichloromethane 1,2,3-Trichloropropane Hexachlorobutadierne 1,3-Dichloropropane Isopropylbenzene ZLC1(AJj 1,3-Dichlaropropene p--Isopropyltoluene � 2,2-Dichlotopropane Napthalene �;} + � j 1,2,3-Trichlorobenzene sec-Butylbenzene �CyCpUIwolt 1,2,4-Trimethylbemene tent-Butylbenzene ® c- 1,3,5-Trimethylbenzene m-Dichlorobenzene Bromobenzene o-Chlototoluerne Bromomethatie p-Chlorotoluene Bromochloromethane Methyl-tert-butylether n-Bu ]benzene MTBE RFI'—Water Quality Testing and Analysis Services page it er Close—Tuesday,April 26,2011 —2:00 p.m. 0 COST PER MngIwM COST PER PERFORMEI]BY; ANALYTE L D=UAL QUANTITYPOR D SCOUNTEn ANAI;:YSI5 Di$coTIN T ANALYsis IPRnyzE 5vH Complete GeocliernicalAnalysis Bicarbonate T'otassium Calcium Silica Carbonate Sodium Chloride sulfate Hardness Total Alkalinity Magnesium Total Dissolved Solids Nitrate Total Organic Carbon Nitrate+Nitrite Total Suspended Solids Nitrite Color MBAs FuoriOdor Fluoride Fldee C anide rs tninurn Lead timony Manganese enic Mercury ium Nickel Beryllium Selenium Cadmium 5iiiivet Chtomium Thallium Copper Zinc Iron Miscellaneous Contaminant Analysis Aluminum Antimony 1 5 Atsenlc 157 Asbestos Barium //1 Betylliurn l D Bicarbonate30 Cadmium 1 Calcium ' Carbonate (3D Chloride r Chromium { Color l _ Coppet / 0 CorrosiVIty Cyanide 64� Hardness(as CaCO3) `--t ( 5- Fluoride �LQ RFT'--Water Quality Testing and Analysis Services Page Close—Tuesday,April 26,2011 —2:00 p.m. COST PER MINIMUM COST PER PERFORMED$Y: ANALYTE INDIVIDUAL QUANTITY FOR DiscoUNTED ANALYSIS DISCOUNT ANALYSIS PRIME SUB Foaming Agents Iron Al Lead 11 J MEAS Magnesium Manganese 1 /"� Mercury Nickel py Nitrate(as N) i Nitrite(as N) c} 6 Total Nitrate+Nitrite(as N) 3 Odor Iq P� Potassium J Selenium Silver 7 Silica f L Sodium -57 Sulfate 3o Thallium Total Alkalinity I Total Dissolved Solids J Total Organic Carbon © x Total Suspended Solids x Zinc to ADDITIONAL SERVICESA1lDITIONAL COST PER'AAIAIYSIS: PERFOR&F_D 24 hour turn-around 48-hour turn-around coy �a f 72-hour turn-around E---U`` SC) After Hours Total Coliform Analysis RFP—Water Quality Testing and Analysis Services Close—Tuesday,April 26,2011 —2:00 p.m. Paged