ATC Associates - 0595-1 CITY OF TIGARD, OREGON
AGREEMENT FOR SERVICES RELATED TO
HILLVIEW STREET/102ND AVENUE SANITARY SEWER REIMBURSEMENT DISTRICT N0.39
FILE No.0595
THIS AGREEMENT made and entered into this 5th of July, 2006 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 Hillview Street Sanitary Sewer Reimbursement
District No. 39 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 August 31, 2006. All services shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Consultant an amount not exceeding five thousand one hundred ten and 00/100
dollars ($5,110) 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—ATC Associates,Inc.
Hilllview Street Sanitary Sewer Reimbursement District No.39 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. ASSIGNMENU/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: Marco Cabanillas,P.E.;Project Engineer Attn: Kelly Kline,R.G.
13125 SW Hall Blvd.,Tigard,Oregon 97223 Address: 11825 SW Greenburg Rd Suite 2B 97223
Phone: 503-718-2469 Phone: 503-684-0525
Fax: 503-624-0752 Fax: 503-624-0415
Email Address: marco@tigard-or.gov Email Address:
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 31 st of
August, 2006 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—ATC Associates,Inc.
Hilllview Street Sanitary Sewer Reimbursement District No.39 Page 2 of 6
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—ATC Associates,Inc.
Hilllview Street Sanitary Sewer Reimbursement District No.39 Page 3 of 6
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
carrier(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—ATC Associates,Inc.
Hilllview Street Sanitary Sewer Reimbursement District No.39 Page 4 of 6
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. 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.
CITY OF TIGARD
7 i�dG
By: Tom Coffee,Direc of Community Development Date
CONSULTANT—ATC Associates,Inc.
'4� L,5�' k 0-V 0?sa AnoAA W-�,r
Print e&Title of Authorized Representative
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Sign Name Date
General Services Agreement—ATC Associates,Inc.
Hilllview Street Sanitary Sewer Reimbursement District No.39 Page 5 of 6
EXHIBIT A
SCOPE OF SERVICES
Scope of Services shall be as described in the attached proposal from ATC Associates, Inc. dated June 30,
2006, referencing Sanitary Sewer Reimbursement District No. 39.
General Services Agreement—ATC Associates,Inc.
Hilllview Street Sanitary Sewer Reimbursement District No.39 Page 6 of 6
HILL VIEW STREET & 102ND AVE
SANITARY SEWER REIMBURSEMENT DISTRICT NO. 39
BORING LOCATION MAP
EXHIBIT A Boring
location
--- - 10315 SW HILL VIEW 5T _._ 10295 SW HILL VIEW ST-- -_ 10255 EN HILL VIEW Si
�1.I - ---
� BASEMENT ELEV-283 BAENT ELEv-258 BASEMENT ELEv-280 n o. 3
N e r ®m
HILL VIEW ST
tBorir,
SD SD I SD D
Gy G W G G W G
\ 13985 SW 102ND AVE
BASEMENT ELEV-268
g location Boring location w
w n o. 1 no. 2 , >1 I
I
Boring no. 1 — bore Z
_ to a depth of 8 feet, p
Boring no. 2 — bore location
a tion
to a depth of 16 feet, no. 4 I
Boring no. 3 — bore 4
to a depth of 19 feet.
�o
Boring no. 4 — bore Borin g `m
to a depth of 12 feet. location
no. 5
Boring no. 5 — bore
to a depth of 9 feet.
SCALE: 1 "=60' I '
11825 SW Crreenburg Road, Suite 2B
(:VYJ%TC Tigard, Oregon 97223
www.atc-enviro.com
ASSOC IATES INC . 503.684.0525
fax 503.624.0415
June 30,2006
Mr.Marco Cabanillas
City of Tigard Engineering Department
13125 SW Hall Boulevard
Tigard,Oregon 97223
RE: Proposal for Borings
Sanitary Sewer Reimbursement Districts No.39
Tigard,Oregon
Proposal No.38060608
Dear Mr.Cabanillas:
ATC Associates, Inc. (ATC) is pleased to submit this proposal to perform borings for the City of Tigard
Citywide Sewer Extension Program. The information gathered during the boring activities will be used by
the City of Tigard to design a sewer extension in District No. 39. This proposal outlines our understanding
of the project and presents the proposed scope of services and associated fees.
PROPOSED SCOPE OF SERVICES
ATC proposes to core pavement and drill a total of five soil test borings in the locations identified on the
site map provided by The City of Tigard. The test borings will be advanced to a maximum depth of 19
feet below grade as specified by the City of Tigard. ATC 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 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.
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 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)
DELIVERABLES
ATC will prepare boring logs based upon the visual classification of the soil encountered during boring
activities. A total of seven boring logs will be submitted to the City of Tigard.
FEE ESTIMATE AND COMPENSATION
Based on the scope of services described above, ATC estimates our fees for the field exploration and the
preparation of boring logs to be $ 5,110. This estimate is considered a time and materials 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
SCHEDULE
ATC expects the coring and drilling to take approximately two days to complete at the site. The boring logs
will be provided to the City of Tigard within three weeks of the start date. The start date is dependent upon
drill availability.
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.
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.
Kelly A. me,R.G.. Robert Bums
Senior Project Manager Senior Project Manager
Attachments: Table 1 Project Cost Estimate
Client Service Agreement
TABLE 1
PROJECT COST ESTIMATE
City Wide Sewer Extension Project District No.39
Tigard,Oregon
TASK 1 -Soil Boring Activities
staff units quantity rate total subtotal
Senior Engineer/Geologist hours 2.00 $95 $190
Project Geologist/Engineer hours 10.00 $65 $650
expenses
Drill Rig Lump Sum 1.00 $3,140 $3,140
Field Truck day 1.00 $75.00 $75
D&H Flagging day 1.00 $525.00 $525
Field Supplies each 1.00 $100 $100
Task Total. $4,680
TASK 2 -Boring Log Preparation
staff units quantity rate total subtotal
Senior Engineer/Geologist hours 1.00 $95 $95
Project Geologist/Engineer hours 4.00 $65 $260
Admin/Contract Mgmt hours 1.00 $45 $45
expenses
Reproduction/Supplies each 1.00 $30.00 $30
Task Total. $430
PROJECT TOTAL $5,110
City of Tigard Cost Proposal District 39 June 06 Borings Page 1 of 1
C
_ CITY OF TIGARD
CONTRACT SUMMARY FORM
HIS MUST ACCOMPANY-EACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BE ACQUIRED) la4q
Title of Contract:Hillview St/102^d San Sew Reimbursement Dist 39 Contract#: 0595-1
Contractor: ATC Associates, Inc. Total: $5,110.00
Brief Overview: To perform boring services for Sanitary Sewer Reimbursement District#39
Changes Made To None
Boilerplate Contract:
Type of Contract: ❑ Purchase-A' :eementjr _ Peisonal Service :,„r"':=:p❑=Construction Ll Other
Start Date:ASAP :?-: ;End`Date'. CRB.Avvard Date: N/A
Contract Manager.Vannie Nguyeni., 14Extens6n`:'%2460 . :`":-" `_3De"ar_+tment: Community Development
Quotes/Bids/Proposals: '- :"-'i pCOMPANY„ _ AMOUNT / SCORE
Or
73
7774771
Department Comments: D rect'hire les's,tfian$1'0,000=:
Department Signature Date:
Purchasing Comments:
Purchasing Si e:. Date: f�
Administration: Date: 7V/ -d v
-Certificate of Insurance Received? 0 Yes ❑ No ❑ Self-Insured orin Receiyed
Business Tax Current? ❑Yes ❑No Contractor License_ Current? ❑Yes ❑ No
Federal TIN/1099#: - Bonds Required: ❑ Yes ❑.No
Accounting String: Fund Division Account Total
500 . 6200 751001 $5,110.00