Murray Smith and Associates ~ 9-1079 This project is funded with federal funds from the
American Recovery and Investment_pct through the Safe
Drinking Water Revolving Loan Fund
CITY OF TIGARD, OREGON
AMENDMENT TO CONTRACT#9-1079
ff— SIP
ENGINEERING SERVICES
. . 11 AMENDMENT #3
(;r)
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Murray Smith & Associates, Inc. (MSA), hereinafter referred to as Contractor, entered into
on the 28"' day of August 2008,is hereby amended as follows:
3. ENGINEER'S FEE
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 2 of the original Agreement and
Amendments #1 and #2, and for services required in the fulfillment of Paragraph 1 of the
original Agreement, the Engineer shall be paid on an hourly rate based upon the "Schedule of
Rates" in Exhibit 2 of the original agreement, which shall constitute full and complete payment
for said services and all expenditures which may be made and expenses incurred, except as
otherwise expressly provided in this Agreement. The hourly rates are subject to adjustment after
December 31, 2008, not to exceed 5%. The Basic Fee shall not exceed the amount of Six
Hundred Fifty Seven Thousand Seven Hundr-ed Six and No/100 Deflars 9
706.00)
Seven Hundred Twenty Three Thousand Seven Hundred Six and No/100 Dollars
($723,706)without prior written authorization.
EXHIBIT 3– SCOPE OF SERVICES
Exhibit 3 of the original contract shall be amended with the additional services listed in Attachment A to
this Amendment.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD MURRAY SMITH&ASSOCIATE ,INC.
h
Signature Signature
z-,�-,hLW N
Printed Name Printed Name
Date Date
4
nr
L
Murray,Smith&Associates,Inc
Etloeers rmers 1215.x,salmon,Suite 900 Pordand,Oregon 97204-2919 -. 0 l� 503 225.9022
08-0985.302 v
October 27, 2011
pCj
Mr. Rob Murchison D '
City of Tigard
13125 SW Hall Boulevard.
Tigard, Oregon 97223
Re: City of Tigard— 10 MG Reservoir Improvements and Transfer Pump Station
Contract Amendment Request for Construction Administration Services After
Substantial Completion Date and for Steel Pipe Replacement, (Submittal 69.4) and
Metal Roof Replacement (Submittal 96.3)
Dear Rob:
As we discussed, the project construction schedule has extended beyond the original
anticipated completion date of May 1 and is still in the process of being completed. The
work program for engineering services included construction administration services through
May 1, 2011 and engineering budgets were estimated based on this schedule and
subsequently have been expended due to the additional time required to complete the
construction phase of the project. Based on previous discussions with the City of Tigard
(City) and James W. Fowler Co. (Contractor), the additional time to complete construction is
the result of the Contractor's schedule being extended to complete the project. To provide
added construction administration from May 1 through August 31, 2011, we suggest an
engineering budget of$50,000. Attachment A presents a summary of the labor and expenses
associated with this work. This includes submittal reviews, punchlist development and
review, payment application processing, start-up services, final walk through, O&M manual
preparation and as-built drawing preparation. The hourly labor rates shown in the attached
fee summary are based on Murray, Smith & Associates, Inc.'s (MSA) current 2011 labor rate
schedule. In accordance with MSA's contract with the City, labor rates are allowed to be
adjusted per MSA's current rate schedule. The project began in 2008 and rates have been
adjusted annually from that time.
In addition to the construction administration services summarized above, there are
additional suggested services to address steel piping replacement in the pump station and
other American Recovery and Reinvestment Act (ARRA) interests. As you know, the above
reference project is an ARRA project and requires recipients to comply with all provisions of
ARRA, including the Buy American provision described in Section 1605 of the ARRA. A
Rob Murchison
October 27, 2011
Page 2
letter was forwarded to the Contractor on June 22, 2011 documenting the steel pipe in the
pump station appears to be non-compliant with ARRA based on the submitted paperwork and
the requirements provided by the EPA. Documentation from the Contractor demonstrating
the pipe is made of domestic steel was not provided; as such the steel pipe installed in the
City's transfer pump station does not meet the ARRA requirements and the project
specifications.
The Contractor has indicated the steel pipe inside the pump station and the metal roof will be
removed and replaced with products made from domestic steel. Throughout this work, the
City and MSA will be involved to review paperwork and submittals associated with the pipe
and roof relative to ARRA requirements and observe surface preparation prior to coating
procedures, placement of pipe in the pump station, and sequencing and staging of the work.
The engineering tasks include suggested procedures the Contractor shall follow in order to
meet the original project plans and specifications and to properly replace the piping and roof.
Variations to the suggested work tasks will be reviewed by the City and MSA and approved
before the work commences. Labor rates included in the estimated costs presented below are
based on MSA's current rate schedule. Miscellaneous expenses are not shown in the fee
estimate for each task presented below but are included in the total for each task and are
summarized below in the fee summary table.
■ Pipe and Roof Replacement Plan—The Contractor shall submit a pipe and roof
replacement plan outlining sequencing of pipe and roof removal and replacement.
The plan shall outline all aspects of the material replacement including staging,
sequence of operations, and protection of pumps and other existing pump station
equipment required to replace the steel pipe and metal roof. If retrofit anchors and/or
a cabling system are installed under the first floor slab to move piping in and around
the pump station, Peterson Structural Engineers (PSE), may need to review the pipe
replacement plan relative to structural impacts to the building. All modifications to
the existing structure must be performed in accordance with the project plans and
specifications. When the pipe replacement plan has been submitted for review, it will
be determined whether PSE is required to review the plan. An approximate budget
required for MSA and PSE to review this plan is $3,500.
o MSA
■ Engineer V $117/hr at 9 hrs
■ Principal Engineer $153/hr at 2.5 hrs
o PSE
■ ' Approximately 12 hours: Total $2000
• Submittal Review—The Contractor shall provide material submittals in accordance
with Specification No. 15000 —Piping, General, Specification No. 07400 —Metal
Roofing, and Specification No. 07610—Flashing and Sheet Metal. MSA will review
the submittals relative to the ARRA requirements, will review photos of the steel pipe
'.ad.msa-ep.comtPortlandTDX_Projectst08,0985t302-Document Review,Clarifications and Payment Requests,LettersNurchison 10-25-1 Ldoc
Rob Murchison
October 27, 2011
Page 3
and appurtenances with mill/heat markings on each pipe, visit the pipe fabricator's
shop where the uncoated pipe is stored, and compare heat numbers associated with
mill certificates to ensure the pipe materials meet the ARRA Buy American .
requirements and are directly linked to submitted paperwork. MSA will review shop
drawings for the fabricated pipe segments. Submittals shall include exact dimension
for each pipe segment. MSA will review up to two (2) submissions of each required
submittal in accordance with project specifications. An approximate budget required
for MSA to review submittals relative to project specifications and ARRA is $2,500.
o MSA
■ Engineer V $117/hr at 16 hrs
■ Principal Engineer $153/hr at 4 hrs
• Steel Pipe Surface Preparation and Coating—Per Specification No. 09800, MSA or a
testing company such as Carlson Testing, Inc., will observe the surface preparation
prior to coating of the steel pipe. The coating manufacturer's representative shall
observe coating application procedures and provide inspection reports describing
adequacy of work performed. Surface preparation and coating shall be in accordance
with Specification No. 09800 — Protective Coatings. An approximate budget required
for MSA to review this work is $2,000.
o MSA
■ Engineer V $117/hr at 12 hrs
■ Principal Engineer $153/hr at 3.5 hrs
• Meetings—Before the work commences, a meeting will be held to ensure the
Contractor's proposed plan will be acceptable to the City, MSA, and PSE. Once the
work begins, MSA will attend weekly construction meetings during the pipe and roof
replacement work. An approximate budget for MSA to attend up to three (3)
meetings is $3,000.
o MSA
■ Engineer V $117/hr at 15 hrs
■ Principal Engineer $153/hr at 7.5 hrs
• Final Installations—MSA will intermittently observe the removal of the existing steel
pipe and metal roof and the installation of the replacement pipe and roof. It is
assumed that the MSA project engineer will visit the project site up to four times and
the MSA project manager will visit the project site up to two times. It is assumed a
City representative will be on site full time during this work. If a City representative
is not available, MSA may be available on an hourly basis to provide construction
observation. An approximate budget required for MSA to complete this work is
$4,000.
o MSA
■ Engineer V $117/hr at 25 hrs
■ Principal Engineer $153/hr at 6.5 hrs
Fwd.msa-ep.comtPortland\PDX_Projecis'080985'302-Document Review.Clarifications and Payment Requests LettersWurchison 10.25-1 Ldoc
Rob Murchison
October 27, 2011
Page 4
• MSA will provide as-builts of piping installed in the pump station as certain aspects of
the pipe may be modified to enable placement of the new pipe in the pump station. An
approximate budget required for MSA to complete this work is $1,000
o MSA
■ Engineer V $117/hr at 5 hrs
■ Principal Engineer $153/hr at 2.5 hrs
Based on the above described construction administration services, the approximate fees to
cover construction administrative services after May 1, 2011 and for the steel pipe
replacement, are summarized below:
Principal Engineer Total
Engineer V Subconsultant Expenses
($153/hr.) ($117/hr.) Costs
Murray, Smith &
Associates, Inc. (General $50,000
Construction Admin)
Murray, Smith& 26.5 82 $2000 $351.5
Associates, Inc. (ARRA
steel pipe and roof $16,000
replacement)
Total Requested
Compensation
$66,000
* See Attachment A
Please review the above proposal and associated budget and let us know if you have any
questions or comments in this regard. Thank you for your consideration.
Sincerely,
MURRAY, SMITH & ASSOCIATES, INC.
Matt L. Hickey, P.E.
Principal Engineer
MLH:dam
l,ad.msa-ep.com,Portland\PDX_Projectss08,0985,302-Document RevicA.Clarifications and Payment RequestsxLette7s`Murchison 10.25-1 Ldoc
SAATTACH M ENT A
Murray.Smith&Asco ges,fnc,
E#eerAflners 121 S.1t.:Salmon,Suite 10 Poduid Oregon 97 204 2919 R PA01F i0.225.9010 ■ KX 503.225.9022
Mr. Rob Murchison, PE
City of Tigard
13125 SW Hall Boulevard
Tigard,OR 97223
Project 08-0985 10 MG Reservoir Site Improvements Pump Station and Reservoir Seismic Upgrade and Construction
Fees for professional engineering services performed from May 1,2011 through August 31,2011
Task 301 Contractor Meetings and On-site Observation
Labor
Hours Rate Amount
Senior Principal 1.00 187:00 187.00
Principal Eng./Associate 23.50 153.00 3,595.50
Engineer V 103.50 117.00 12,109.50
Total 128.00 15,892.00
Labor Subtotal 15,892.00
Consultant
R&W Engineering, Inc. 8,098.76
Consultant Subtotal 8,098.76 8,098.76
Reimbursable
Mileage 42.33
Reimbursable Subtotal 42.33 42.33
In-House Expenses
Mileage 171.87
B&W Copies and Prints .30
In-house Expense Subtotal 172.17 172.17
Task Total $24,205.26
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Task
-Task 302 Document Review,Clarifications and Payment Requests
Labor
Hours Rate Amount
Principal Eng./Associate 51.50 153.00 7,879.50
Engineer V 88.00 117.00 10,296.00
Engineer IV 1.00 110.00 110.00
Engineer II .50 98.00 49.00
Clerical 1.50 64.00 96.00
Total 142.50 18,430.50
Labor Subtotal 18,430.50
In-House Expenses
B&W Copies and Prints 44.24
In-house Expense Subtotal 44.24 44.24
Task Total $18,474.74
Project 08-0985 10 MG Reservoir Site Improvements
Task 303 Status Reports and Progress Meetings
Labor
Hours Rate Amount
Engineer V 4.50 117.00 526.50
Total 4.50 526.50
Labor Subtotal 526.50
Task Total $526.50
Task 305 Record Drawings and O&M Manuals
Labor
Hours Rate Amount
Engineer V 9.50 117.00 1,111.50
Technician 4.50 91.00 409.50
Total 14.00 1,521.00
Labor Subtotal 1,521.00
In-House Expenses
CADD Time 58.50
In-house Expense Subtotal 58.50 58.50
Task Total $1,579.50
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Task 551 Manifold Repair
Labor
Hours Rate Amount
Senior Principal 1.50 187.00 280.50
Principal Eng./Associate 9.50 153.00 1,453.50
Engineer V 6.50 117.00 760.50
Total 17.50 2,494.50
Labor Subtotal 2,494.50
Task Total $2,494.50
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Task 561 Steel ARRA Paperwork
Labor
Hours Rate Amount
Senior Principal 1.50 187.00 280.50
Principal Eng./Associate 6.00 153.00 918.00
Engineer V 13.00 117.00 1,521.00
Total 20.50 2,719.50
Labor Subtotal 2,719.50
Task Total $2,719.50
Grand Total $50,000.00
Page 2
MSA
Murray,Smith&Associates,Inc
Enocer0lanners 121 S.W.Salmon,Suite 900 Portland,Oregon 97204-2919 PHONT 503.225.9010 " FAX503.225-90.22
LETTER OF TRANSMITTAL
To: City of Tigard Date: November 14, 2011
13125 SW Hall Boulevard Job No. 08-0985.***
Tigard, Oregon 97223 Re: 10 MG Reservoir Site Improvements
Pump Station and Reservoir Seismic
Attn.: Mr. Robert Murchison, P.E. Upgrade and Construction Project
WE ARE SENDING YOU: Z Attached ❑ Under separate cover
Copies Date Description
2 Nov-11 Amendment No. 3
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ For your use 0 As requested 21 Sign and return one copy
REMARKS:
Please find the attached signed contract amendment for the above referenced project. We very much
appreciate you processing this amendment for the additional work to complete the project. Please let
me know if you have any questions or require additional information.
Thank you.
COPY TO: SIGNED:
Mr. MattheyT. Hickey
Principal Engineer
G:,PDX_Admin.Agreementsand Insurance'-Prime Consultant'Clients,Tigard•08-0985�Ntm-chison II-14-1I.docs
This project is funded with federal funds from the
American Recovery and Investment Act through the Safe
Drinking Water Revolving Loan Fund
� CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT#9-1079
ENGINEERING SERVICES
AMENDMENT #2
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Murray Smith &Associates, Inc. (MSA), hereinafter referred to as Contractor, entered into
on the 11t' day of February,2010,is hereby amended as follows:
3. ENGINEER'S FEE
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 2 of this the original Agreement,
and for services required in the fulfillment of Paragraph 1 of the original Agreement, the
Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit 2 of tris
the original agreement, which shall constitute full and complete payment for said services and
all expenditures which may be made and expenses incurred, except as otherwise expressly
provided in this Agreement. The hourly rates are subject to adjustment after December 31,
2008, not to exceed 5%. The Basic Fee shall not exceed the amount of
One ;Fhettsafid T�va Hundi-ed Fifty Six and 00�!@@ Dollars ($541,256.0-0-) Six Hundred Fifty
Seven Thousand Seven Hundred Six and No/100 Dollars ($657,706.00) without prior
written authorization.
EXHIBIT 3—SCOPE OF SERVICES
Exhibit 3 of the original contract shall be amended with the additional services listed in Attachment A to
this Amendment.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD MURRAY SMITH&ASSOCIATES,INC.
Signature Signature
Printed Name Printed Name
Date Date
MQA
0A
Nlumy,Smith R Associates,lnc.
EngineearPlanners 121 SAV.Galmou.Suite 900 Podand,Ore;on 9"204.2919 , PHO\E 50.725.9010 FL\i0?2i.902 2
08-0985.***
July 18, 2011
Mr. Rob Murchison
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97232
Re: City of Tigard— 10 MG Reservoir Improvements and Transfer Pump Station,
Contract Amendment Request for Construction Administration Services
Dear Rob:
As we discussed, this letter requests additional budget to complete construction
administration services for the above referenced project through May 1, 2011.
The project includes the construction of a 40-foot deep pump station and valve vault and a
specialized shoring system was required to safely support the excavation for the construction
of the concrete structures,mechanical piping, pumps, and required valving. The contract
documents required the Contractor to use a shoring system that limits vibration to the
surrounding properties and the City of Tigard's (City) 10 MG reservoir. The shoring system
originally considered to limit risks was a Slide Rail or soldier pile system. The Contractor
proposed to use a soil nail wall shoring system. The selected shoring system has required an
additional level of effort to ensure all of the original requirements for the system have been
met. In addition to the work required for the shoring system construction administration,
there are a number of other elements that have required additional time by the engineering
team. The items requiring additional engineering time are summarized below:
• Meetings—MSA attended additional meetings to discuss the selected shoring system
as suggested by the Contractor. A preliminary meeting was held at MSA's office on
April 21, 2010, with Scheffler NW, Inc., and JW Fowler. The preliminary design
meeting discussed the challenges associated with the soil nail system and provided
recommendations for design elements. The formal submittal was received and
reviewed by MSA and the subconsultant team. A subsequent workshop was held
between MSA, Peterson Structural Engineers (PSE), GRI, JW Fowler and their
subconsultant team, and the City to further review the proposed shoring system. The
purpose of this meeting was to discuss how to minimize risks to the existing reservoir
and existing utilities. Construction methods were also discussed to ensure the external
drainage system would be properly installed with the selected system. The additional
Mr. Rob Murchison
July 18, 2011
Page 2
budget requested for this work is $2,000 for MSA and $2,000 for PSE, for a total of
$4,000.
• Additional Submittal Review—The temporary shoring wall plans were originally
submitted on May 17, 2010. The shoring plans were reviewed by MSA, PSE, and
GRI. Each submittal has taken an additional level of effort beyond an anticipated
submittal review. Currently, the fourth re-submittal for the temporary shoring wall
plans was submitted on September 7, 2010. MSA, PSE, and GRI are currently
reviewing this submittal for completeness. The requested engineering fees associated
with the review of the shoring system are $2,000 for MSA and $2,000 for PSE, for a
total of$4,000.
• Coordination—One of the major components of the shoring system is the
coordination of the inspection, oversight, and testing program as outlined in the
temporary shoring wall plans. MSA and GRI will coordinate the inspection,
oversight, testing program, and review the inspection schedule proposed by the
Contractor's inspection services. The additional budget requested for MSA for this
work is $1,590.
• Report Review—MSA and GRI will review reports related to the shoring system.
These reports include daily site visit reports by Carlson Testing Inc.,verification and
proof nail testing results, shotcrete core strength tests, and grout test results. GRI has
also reviewed email correspondence between Ground Support PLLC and Cascade
NW Inc. to help interpret the daily reports generated by Carlson Testing. The
additional budget requested for MSA for this work is $1,000.
• Construction Oversight—MSA, PSE, and GRI will provide construction oversight of
the shoring system installation. PSE and MSA will continue to review and provide
construction oversight associated with impacts and potential modifications to the cast
in place concrete wall systems for the pump station and vault. The additional budget
requested for this work is $1,000 for MSA and $2,000 for PSE, for a budget of$3,000
GRI will be onsite to intermittently observe soil nail installation and testing. They
will provide site visit reports to document observed activities. If necessary, they will
provide advice and recommendations to respond to Contractor requests for changes in
contract price related to the soil conditions and soil nail installation. The additional
requested budget for GRI's services is $14,850. Please see the attached scope of work
from GRI.
• Additional Reservoir Repairs—While the Contractor was removing the damaged
shotcrete on the reservoir walls, it was discovered that portions of the existing
corewall and prestressed strands were also in need of repair. MSA and PSE attended
additional site visits to diagnose the cause of the spalled corewall on the outside face
of the reservoir. PSE generated details for the reservoir shear cans and vents to repair
G.PDX Projects 09 0985�Letters Murchison Contract Amendment 7.18-I1 doc
Mr. Rob Murchison
July 18, 2011
Page 3
the areas with the damaged, hollow core wall, and they also developed a drawing for
the repair of the broken prestressed strand. The repair work was intermittently
observed in the field by MSA and PSE. The additional budget requested for this work
is $1,500 for MSA and $3,010 for PSE, for a budget of$4,510.
• ARRA Submittal Review—Engineer services associated with submittal review
relative to the American Recovery and Reinvestment Act (ARRA) funding program.
MSA reviewed requirements and updates of Buy American documentation
requirements provided by EPA, reviewed submittals relative to the ARRA, and
processed invoices depending on whether proper ARRA documentation was received.
Many of the submittals have been reviewed multiple times for compliance with
ARRA and the reviews are currently ongoing. The additional budget requested for
MSA for this work is $7,000.
• 122nd Waterline Extension Plan - Ft. McCoy—MSA prepared a waterline extension
plan during Construction at the request of the City. If implemented, the construction
of this plan would supplement the City's 410-foot service zone with water from the
Price Reservoir during the summer months. It would also allow the full storage
volume in the City's 1 MG Reservoir#4 (Ft. McCoy) to be utilized. The additional
budget requested for MSA for this work is $3,000.
Based on the above described construction administration services, the additional fees to
cover construction administrative services through May 1, 2011, are below:
GRI $14,850
MurraySmith&Associates, Inc. $19,090
Peterson Structural Engineers $9,010
Total Requested Compensation $42,950
Please review the above and outlined request for additional budget and let us know if you
have any questions or continents in this regard. Thank you for your consideration in this
regard.
Sincerely,
MURRAY, SMITH &ASSOCIATES, INC.
Matt L. Hickey, P.E.
7
Principal Engineer
MLH:dam
G-PDX_P%lcc1s•08 0985•G.im Murchison Cara race Amcndmcni i-18-11 dnc
City of Tigard
9 FINANCE AND INFORMATION SERVICES
Notice of Award
September 20, 2011
Murray, Smith&Associates, Inc. Engineers/Planners
Attn: Matt L. Hickey, P. E.
121 SW Salmon, Suite 900
Portland, Oregon 97204
Dear Mr. Hickey:
Enclosed you will find two (2) copies of Amendment#2 between the City of Tigard and Murray, Smith&
Associates, Inc. Engineers/Planners for the City of Tigard 10 MG Reservoir Improvements and Transfer
Pump Station project. Please sign the two copies and return them to: Attention Joseph Barrett, 13125 SW
Hall Blvd.,Tigard, OR 97223. We will return a fully executed copy of the contract to you for your files.
The City is looking forward to this opportunity to continue working with your company. If you have any
questions please feel free to contact me at either 503-718-2477 or at josephktigard-ongov.
Sincerely,
/s/ Sandra Seifer
for
Joseph Barrett
Senior Management Analyst
Enclosures: (2) 10 MG Reservoir Improvements and Transfer Pump Station Amendment #2
This project is funded with federal funds from
the American Recovery and Investment Act
through the Safe Drinking Water Revolving
Loan Fund
V CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT# 9-1079
ENGINEERING SERVICES
AMENDMENT#1
The Agreement between the City of Tigard, a muni ' oration of the State of Oregon,
hereinafter called City, and Murray Smith & s'sp `�s SA), hereinafter called the
Engineer, entered into on the eleventh day f' :Feb�i=uary is hereby amended as
follows: 72847PE r
3. ENGINEER'S FEE 4beaiud
A. Basic Fee 1) As compensation for Basic Services aExhibit 2 of the original
Agreement, and for services uired.. ment of Paragraph 1 of the
original Agreement, the En &'L sha an ourly rate based upon
the "Schedule of Rates" in Exhibit 2 of the original agreement, which shall
constitute full and complete payment for said services and all expenditures
which may be made and expenses incurred, except as otherwise expressly
provided in this Agreement. The hourly rates are subject to adjustment after
December 31, 2008, not to exceed 5%. The Basic Fee shall not exceed the
amount of Six Hundred Fourteen Thousand Seven Hundred Fifty Six and
00/100 Dollars ($614,756.00) without prior written authorization.
27. DUNS AND CCR NUMBERS REQUIRED
Upon City request the Engineer shall provide the City with their DUNS and CCR numbers.
DUNS and CCR numbers shall also be provided to the City for all sub-contractors on this
project.
28. CERTIFICATION REGARDING LOBBYING ACTIVITIES
The Engineer shall complete the attached Attachment A, "Certification Regarding Lobbying
Activities" and submit to the City along with this signed amendment.
29. WHISTLEBLOWER POSTING
Engineer shall post notice of the rights and remedies provided by whistleblowers under
Section 1553 off the American Recovery and Investment Act. A copy of the required posting
is included to this Amendment as Attachment B to this Amendment and can also be found at
http://www.recovery.gov/Contact/ReportFraud/Documents/Whistleblower+Poster.pdf
30. CONFLICT OF INTEREST
Engineer shall comply with the Federal and State conflict of interest requirements for public
contracts.
31. BUY AMERICAN REQUIREMENT
The Engineer acknowledges to and for the benefit of the City of Tigard ("Purchaser") and the
State of Oregon (the "State") that it understands the goods and services under this Agreement
are being funded with monies made available by the federal American Recovery and
Reinvestment Act of 2009 (ARRA) (or are being made available for a project being funded
with monies made available by the federal ARRA) and such law contains provisions
commonly known as "Buy American" that require all of the iron, steel, and manufactured
goods used in the project be produced in the United States ("Buy American Requirements")
including iron, steel, and manufactured goods provided by the Contactor pursuant to this
Agreement. The Engineer hereby represents and warrants to and for the benefit of the
Purchaser and the State that (a) the Engineer has reviewed and understands the Buy American
Requirements, (b) all of the iron, steel, and manufactured goods used in the project will be
and/or have been produced in the United States in a manner that complies with the Buy
American Requirements, unless a waiver of the requirements is approved, and (c) the Engineer
will provide any further verified information, certification or assurance of compliance with
this paragraph, or documentation of a waiver and information necessary to support a waiver
of the Buy American Requirements, as may be requested by the Purchaser or the State.
Notwithstanding any other provision of this Agreement, any failure to comply with this
paragraph by the Engineer shall permit the Purchaser or State to recover as damages against
the Engineer any loss, expense or cost (including without limitation attorney's fees) incurred
by the Purchaser or State resulting from any such failure (including without limitation any
impairment or loss of funding, whether in whole or in part, from the State or the
Environmental Protection Agency, as the case may be, or any damages or indemnification
owed to the State by the Purchaser). While the Engineer has no direct contractual privity
with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and
the Engineer agree that the State is a third-party beneficiary and neither this paragraph (nor
any other provision of this Agreement necessary to give this paragraph force or effect) shall be
amended or waived without the prior written consent of the State.
EXHIBIT 3 - SCOPE OF SERVICES
Exhibit 3 of the orginal contract shall be amended as follows: "see Attachment C".
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly
authorized undersigned officer and Firm has executed this Amendment upon signature and
date listed below.
CITY OF TIGARD MURRAY SMITH AND ASSOCIATES: �NG,
Signature Signature
Printed Nape Printed Na e
z d
�7a-f-G Dake.
Page 2
ATTACHMENT A
CITY OF TIGARD
ARRA FUNDED CONSTRUCTION PROJECT
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CERTIFICATION REGARDING LOBBYING ACTIVITIES
Project: /0 Alii 1. 66 Cf oiK !M PRovemEma AIVO `F94NS Fr--,2 PVM w SrATtun)
Name of Submitting Firm: MV R K aY 5A x T Pr �J A556 t JA-7S5 rVc.
The undersigned certifies, to the best of his or her knowledge and belief,that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal Contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form
LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
C. (3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for
�each�such failure.
Officer's signature: )
Type or print officer's nam
Date: Gam'` 1 /
Pagey 3
,%rra},Smith&Associates,Inc.
En&eerOlamm 121 S.W.Salmon,Suite 900 Portland,OR 91204.2919 PHONE 503.225.9010 FAX 503.225.9022
08-0985.** Attachment C
February 11, 2010
Mr. Rob Murchison
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97232
Re: City of Tigard— 10 MG Reservoir Improvements and Transfer Pump Station,
Contract Amendment Request for Engineering Services
Dear Rob:
As we discussed,this letter requests additional engineering budget to complete design and
bidding phase services for the above referenced project. There were a number of items added
during the design phase that have required additional time by MSA and the subconsultant
team to complete and there were additional tasks completed at the request of the City. These
items are summarized below with the approximate costs for such work.
N Assistance with ARRA Funding—Engineer services associated with assistance
relative to the American Recovery and Reinvestment Act (ARRA) funding program
will include developing specifications to meet buy American and other requirements
and assistance with providing required documentation to meet funding provisions.
The additional budget requested for this work is $7,500.
IN Temporary Pump Station at the Menlor Reservoir Site—The temporary pump station
is needed to provide water supply to the City's 713 pressure zone following removal
of the existing transfer pump station. Removal of the existing pump station during
construction of the new station will significantly improve constructability of the new
transfer pump station, simplify construction sequencing and improve overall project
scheduling. Additional engineering associated with designs of the temporary pump
station includes preparing plans, specifications and cost estimates for a package pump
station housed in a prefabricated building, electrical designs for a new 3 phase service
from SW Barrows road to the new temporary pump station site. It is anticipated that
SCADA system design and integration will be completed by the City's system
integrator, PEI. The requested engineering fees associated with design of the
temporary pump station are$12,500.
YE ,
VI AC%ICETING
ZQ1Q
Mr. Rob Murchison
February 11,2010
Page 2
N PGE Undergrounding in SW Bull Mountain Road—As per the City's request, the
existing overhead lines are to be undergrounded as part of the site improvements to
the 10 MG reservoir site. Engineering to underground the existing facilities includes
additional surveying on SW Bull Mountain]:toad east of SW Hazeltree Street and on
SW 126th Avenue to include the ad.,ditional areas where undergrounding will occur.
Undergrounding designs will also include representing PGE designs on surveyed base
mapping for the site and integration of the PGE facilities with the facilities for the
proposed pump station. The additional requested engineering fees associated with
designs for undergrounding the PGE facilities are approximately$11,000.
® Reservoir Lining—As per the City's request the existing 10 MG reservoir will be
relined to reduce water loss and extend the lite of the structure. It is anticipated that
the lining will be a sprayed on liner that coats the floor and few feet up on the walls
and columns. The anticipated engineering design fees associated with this task are
approximately$7,500.
N Reservoir Valve Vault Replacement--It was originally anticipated that piping
connections between the proposed pump station and the existing the subsurface vault
north of the reservoir could be completed by excavating adjacent to the vault, coring
through the vault and completing piping connections. Once preliminary designs were
completed and the location of the proposed pump station was established,it was
determined that the reservoir inlet and outlet piping needed to be modified.to
accommodate the piping connections and it was found that certain isolation valves in
the vault were no longer functioning. To replace such valves and piping would have
required removal of the top of the vault and large holes cut in the walls of the vault.
Also,the City desired improved access to the vault._ Based these factors it was
determined that it would be most cost efficient to replace the piping and the vault
structure. The additional design work associated with vault improvements includes
structural designs,piping and mechanical designs and access and vault layout designs.
The additional costs associated with this design work are approximately$.17,.000.
® Environmental Information Document-This report was prepared per the City's
request and submitted to the Oregon Department of Human Services for approval in
support of the City's funding application through the Drinking Water State Revolving
Loan Fund program. The purpose of the report is to present the potential
environmental impacts of constructing a new transfer.pump station and reservoir
improvements for the City. The project received a public notice for a categorical
exclusion and was excluded from further environmental review, The notice was
published in the Tigard Times and the Oregonian. The additional costs associated
with this work are approximately$6,000.
Bidding Services-MSA responded daily to questions from bidders:,contractors,
subcontractors, suppliers, and other vendors throughout the bidding phase. Due to the
current economic conditions, the interest in the project was significantly higher than
originally anticipated and higher than normal for this type of project,and the time
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Mr. Rob Murchison
February 11, 2010
Page 3
spent responding to phone calls and emails received during the bidding phase
exceeded the original anticipated effort. MSA promptly responded to all questions
and prepared addenda as required. Additional work also included review of a high
number of requests for prequalification and time to respond to several bidders that
were unusually aggressive regarding obtaining qualification due to the slow economy.
Prequalifications were for specialty experience associated with deep excavations,
vertical turbine pumps, and reservoir coating systems. During the bidding process,
due to comments from some of the bidders, contractor qualification for shoring
suppliers and installers was added and required to be submitted with the bids. The
qualification process was included in the project bidding such that the City would
only accept bids from contractors with the needed experience to successfully complete
the improvements. The additional costs associated with this work are approximately
$12,000.
Based on the above described engineering services,the additional fees suggested to complete
designs for the reservoir and pump station project are$73,500.
Please review the above and outlined request for additional budget and let us know if you
have any questions or comments in this regard. Thank you for your consideration in this
regard.
Sincerely,
MURRAY, SMITH &ASSOCIATES, INC.
.41;7r1i't Z `A
Matt L. Hickey, P.E.
Principal Engineer
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