Murray, Smith and Associates, Inc ~ C140024 City of Tigard
CONTRACT CHANGE ORDER/ 13125 SW}-call Blvd.
■ I AMENDMENT #1 SUMMARYTigard,Oregcm 97223
1 i Phone- (503) 639-4171
R FIELD CHANGE ORDER FORM Fax-(503) 684-7297
\4 t4' '.. 1 r'Y. tJf. •u�'
Project Title: Planning Design and Construction Project Manager: Rob Murchison
Management Services—Water System Improvements
ASR#3
Contractor:Murray,Smith&Associations Original Contract#: C140024
Effective Dates: 9/10/13 Chane Order/Amendment Amount: $0
Accounting String-.532-8000-56005-96010-130 Amendment Percentage Running Total: 0%
AMENDMENT DETAILS
Change in termination date only. Extend contract to 6/30/16.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Amendment#1 chane in date only
REASONING FOR CHANGE ORDER/AMENDMENT
ASR#2 will restart in FY2016
REQUESTING PROJECT MANAGER APPSTVg
Signature ___ Si ,at re _ -
�� 5
Date Dat
Contractor is hereby authorized by the City of Tigard to perform CONTRACTO
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all /
applicable rules, regulations, and laws that may be in effect for Signature
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to .7 Z4
LIS-
the encumbrances arc met. Remember—the cumulative total
of Amendments cannot exceed the project's FY budget. Date
CITY OF TIGARD,OREGON
CONTRACT SUMMARY FORM
(FORMMUST ACCOMPANY EACH CONTRACT FOR AUTHORIZATION)
Contract Tide: Planning, Design,and Construction Management Number: C,
Services—Water System Improvements ASR#3
Contractor: Murray, Smith&Assoc., Inc. i/bpb57�( Contract Total: $4$5-
rs4S:6b SqB. 0%
Contract Overview: Consultant will perform engineering services which have been split into two phases
Phase 1 includes permitting,preliminaa design and final design. Phase 2 includes
bidding, construction and operations support.
Type: ❑ Purchase Agreement Start Date: 9/16/13 End Date. 6/30/15
❑ Personal Service
❑ Public Improvement LCRB Award: 9/10/13 Department: PW/Engineering
❑ IGA
® Other: Eng. Sys. Agree. Contract Manager: Rob Murchison
Quotes/Bids/Proposal: FIRM AMOUNT/ CORE
Murray Smith&Associates
l
g n bn<
Account String: Fund-Division-Account Project-Fund-Phase Amoun
532-8000-56005 96010-110 .0
Approvals
Department Comments: Murray, Smith&Associates was the only bid received
Department Signature:
Purchasing Comments: ALA55-V- - OnA01INfl Tom- a ern 6e c.-A�+
S 3 co-
Purchasing Signature:
City Manager Comments:
City Manager Signature: -
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract#
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
PLANNING,DESIGN,AND CONSTRUCTION MANAGEMENT SERVICES-
WATER SYSTEM IMPROVEMENTS
THIS AGREEMENT, made and entered into this 16`' day of September, 2013, by and between
the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Murray, Smith
and Associates, Inc, whose authorized representative is Jim Helton, and having a principal being a
registered engineer of the State of Oregon,hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's Fiscal Year 2013-2014 budget provides for the design and construction of
Aquifer Storage and Recovery Well#3 - 96010;and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary
and essential to the public works improvement program of the City;and
WHEREAS,the City desires to engage the Engineer to render professional engineering services for
the project described in this Agreement, and the Engineer is willing and qualified to perform such
services;
THEREFORE, in consideration of the promises and covenants contained herein, the parties
hereby agree as follows:
1. Engineer's Scope of Services
The Engineer shall perform professional engineering services relevant to the Project in
accordance with the terms and conditions set forth herein, and as provided in Exhibit 1,
which is attached hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution and shall expire, unless
otherwise terminated or extended,upon completion of the work or June 30,2015,whichever
comes first. All work under this Agreement shall be completed prior to the expiration of
this Agreement.
3. Engineer's Fee
A. Base Fee and Optional Tasks
1) As compensation for Base Services as described in Exhibit 1 of this
Agreement, and for services required in the fulfillment of Paragraph 1, the
Engineer shall be paid on an hourly rate based upon the "Schedule of Rates"
in Exhibit 1 of this 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 Base Fee shall not exceed an amount of Four Hundred Eighty Five
Thousand Five Hundred Forty Eight and No/100 Dollars ($485,548.00)
without prior written authorization. If the City determines there is a need for
the optional tasks detailed in Exhibit 1, the City shall pay the Engineer an
additional not to exceed amount of One Hundred Twelve Thousand Five
Hundred Thirty Three and No/100 Dollars ($112,533.00). The total amount
paid by the City to the Engineer for all tasks, base services and optional
services, shall not exceed Five Hundred Ninety Eight Thousand Eighty One
and No/100 Dollars ($598,081.00).
2) The parties hereto do expressly agree that the Base Fee is based upon the
Scope of Services to be provided by the Engineer and is not necessarily
related to the estimated construction cost of the Project. In the event that
the actual construction cost differs from the estimated construction cost, the
Engineer's compensation will not be adjusted unless the Scope of Services to
be provided by the Engineer changes and is authorized and accepted by the
City.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed.
Billings shall be submitted by the Engineer periodically,but not more frequently than
monthly. Payment by the City shall release the City from any further obligation for
payment to the Engineer for service or services performed or expenses incurred as
of the date of the statement of services. Payment shall be made only for work
actually completed as of the date of invoice. Payment shall not be considered
acceptance or approval of any work or waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the City, the Engineer shall furnish or acquire for
the City the professional and technical services based on the hourly rate schedule as
described in Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Engineer shall furnish certified cost records for all billings pertaining to other
than lump sum fees to substantiate all charges. For such purposes, the books of
account of the Engineer shall be subject to audit by the City. The Engineer shall
complete work and cost records for all billings on such forms and in such manner as
will be satisfactory to the City.
E. Contract Identification
The Engineer shall furnish to the City its employer identification number, as
designated by the Internal Revenue Service, or social security number, as the City
deems applicable.
F. Payment—General
1) Engineer shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) Engineer shall pay employees at least time and a half pay for all overtime
worked in excess of 40 hours in any one week except for individuals under
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the contract who are excluded under ORS 653.010 to 653.261 or under 29
USC sections 201 to 209 from receiving overtime.
3) Engineer shall promptly, as due, make payment to any person, co-
partnership, association or corporation, furnishing medical, surgical and
hospital care or other needed care and attention incident to sickness or injury
to the employees of Engineer or all sums which Engineer agrees to pay for
such services and all moneys and sums which Engineer 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.
4) The City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
5) Engineer shall make payments promptly, as due, to all persons supplying
services or materials for work covered under this contract. Engineer shall
not permit any lien or claim to be filed or prosecuted against the City on any
account of any service or materials furnished.
6) If Engineer fails, neglects or refuses to make prompt payment of any claim
for labor, materials, or services furnished to Engineer, sub-consultant or
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 to the Engineer. The payment of the claim in this manner shall not
relieve Engineer or their surety from obligation with respect to any unpaid
claims.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as
instruments of service, are and shall remain, the property of the Engineer; however,
the City shall be furnished, at no additional cost, one set of previously approved
reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in
"DWG" or "DXF" format, of the original drawings of the work. The City shall
have unlimited authority to use the materials received from the Engineer in any way
the City deems necessary.
B. The City shall make copies, for the use of and without cost to the Engineer, of all of
its maps, records, laboratory tests, or other data pertinent to the work to be
performed by the Engineer pursuant to this Agreement, and also make available any
other maps, records, or other materials available to the City from any other public
agency or body.
C. The Engineer shall furnish to the City, copies of all maps, records, field notes, and
soil tests which were developed in the course of work for the City and for which
compensation has been received by the Engineer at no additional expense to the City
except as provided elsewhere in this Agreement.
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5. Assignment/Delegation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
whatsoever unless and until the other party has so consented. If City agrees assignment of
� to assz
tasks to a subcontract, Engineer shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them, and neither the approval by City of any
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
6. Engineer is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Engineer's work product is satisfactory and consistent with this agreement, but
Engineer is not subject to the direction and control of the City. Engineer shall be an
independent contractor for all purposes and shall be entitled to no compensation
other than the compensation provided for under Section 3 of this Agreement.
B. Engineer is an independent contractor and not an employee of City. Engineer
acknowledges Engineer's status as an independent contractor and acknowledges that
Engineer is not an employee of the City for purposes of workers compensation law,
public employee benefits law, or any other law. All persons retained by Engineer to
provide services under this contract are employees of Engineer and not of City.
Engineer acknowledges that it is not entitled to benefits of any kind to which a City
employee is entitled and that it shall be solely responsible for workers compensation
coverage for its employees and all other payments and taxes required by law.
Furthermore, in the event that Engineer is found by a court of law or an
administrative agency to be an employee of the City for any purpose, City shall be
entitled to offset compensation due, or to demand repayment of any amounts paid
to Engineer under the terms of the agreement, to the full extent of any benefits or
other remuneration Engineer receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to
Engineer or to a third party) as a result of said finding.
C. The undersigned Engineer hereby represents that no employee of the City or any
partnership or corporation in which a City employee has an interest, has or will
receive any remuneration of any description from the Engineer, either directly or
indirectly,in connection with the letting or performance of this Agreement,except as
specifically declared in writing.
D. If this payment is to be charged against Federal funds, Engineer certifies that he/she
is not currently employed by the Federal Government and the amount charged does
not exceed his/her normal charge for the type of service provided.
E. Engineer and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or
more in the calendar year by any public employer participating in the Retirement
System.
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F. Engineer certifies that it currently has a City business tax receipt or will obtain one
prior to delivering services under this Agreement.
G. Engineer is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
7. Indemnity
A. The City has relied upon the professional ability and training of the Engineer as a
material inducement to enter into this Agreement. Engineer represents to the City
that the work under this contract will be performed in accordance with the
professional standards of skill and care ordinarily exercised by members of the
engineering profession under similar conditions and circumstances as well as the
requirements of applicable federal, state and local laws, it being understood that
acceptance of an Engineer's work by the City shall not operate as a waiver or release.
Acceptance of documents by City does not relieve Engineer of any responsibility for
design deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Engineer shall defend, save and hold
harmless the City of Tigard, its officers, agents, and employees from all claims, suits,
or actions and all expenses incidental to the investigation and defense thereof, of
whatsoever nature, including intentional acts resulting from or arising out of the
activities of Engineer or its subcontractors, sub-consultants, agents or employees
under this contract. If any aspect of this indemnity shall be found to be illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
C. Claims for Professional Liability. Engineer shall defend, save and hold harmless the
City of Tigard, its officers, agents, and employees from all claims, suits, or actions
and all expenses incidental to the investigation and defense thereof,arising out of the
professional negligent acts, errors or omissions of Engineer or its subcontractors,
sub-consultants, agents or employees in performance of professional services under
this agreement. Any design work by Engineer that results in a design of a facility
that is not readily accessible to and usable by individuals with disabilities shall be
considered a professionally negligent act,error or omission.
D. As used in subsections B and C of this section,a claim for professional responsibility
is a claim made against the City in which the City's alleged liability results directly or
indirectly, in whole or in part, from the quality of the professional services provided
by Engineer, regardless of the type of claim made against the City. A claim for other
than professional responsibility is a claim made against the City in which the City's
alleged liability results from an act or omission by Engineer unrelated to the quality
of professional services provided by Engineer.
8. Insurance
Engineer and its subcontractors 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 Engineer's activities or work hereunder,including the operations
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of its subcontractors of any tier. Such insurance shall include provisions that such insurance
is primary insurance with respect to the interests of City and that any other insurance
maintained by City is excess and not contributory insurance with the insurance required
hereunder.
The policy or policies of insurance maintained by the Engineer and its subcontractors shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance
Engineer shall obtain, at Engineer'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 $3,000,000
Products-Completed Operations Aggregate 2,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence '2,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 5,000
B. Professional Liability
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of
this contract, Professional Liability Insurance covering any damages caused by an
error, omission or any negligent acts. Combined single limit per claim shall not be
less than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than
$2,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Engineer shall also obtain,at Engineer's expense, and keep in effect during the term
of the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile
Liability coverage on an "occurrence" form including coverage for all owned, hired,
and non-owned vehicles. The Combined Single Limit per occurrence shall not be
less than$1,000,000.
D. Workers' Compensation Insurance
The Engineer, its subcontractors, if any, and all employers providing work, labor or
materials under this Contract are 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. 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. Engineers who perform work
without the assistance or labor of any employee need not obtain such coverage. This
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shall include Employer's Liability Insurance with coverage limits of not less than
$100,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Professional Liability, shall include the City
its officers, directors, and employees as additional insureds with respect to this
contract. Coverage will be endorsed to provide a per project aggregate.
F. Extended Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims made" basis,
Extended Reporting coverage will be required at the completion of this contract to a
duration of 24 months or the maximum time period the Engineer's insurer will
provide such if less than 24 months. Engineer will be responsible for furnishing
certification of Extended Reporting coverage as described or continuous "claims
made" liability coverage for 24 months following contract completion. Continuous
"claims made" coverage will be acceptable in lieu of Extended Reporting coverage,
provided its retroactive date is on or before the effective date of this contract.
Coverage will be endorsed to provide a per project aggregate.
G. Insurance Carrier Rating
Coverage provided by the Engineer 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.
H. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Engineer 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 certificate
will specify and document all provisions within this contract. A renewal certificate
will be sent to the address below ten days prior to coverage expiration.
I. Primary Coverage Clarification
The parties agree that Engineer's coverage shall be primary to the extent permitted
by law. The parties further agree that other insurance maintained by the City is
excess and not contributory insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability and commercial automobile policies required by this contract.
The City reserves the right to request a copy of each insurance policy, certified as a true copy
by an authorized representative of the issuing insurance company, or at the discretion of
City,in lieu thereof,a certificate in form satisfactory to City certifying to the issuance of such
insurance. If the City requests such copies they shall be forwarded to:
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City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard,Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. Thirty
days cancellation notice shall be provided City by certified mail to the name at the address
listed above in event of cancellation or non-renewal of the insurance.
The procuring of such required insurance shall not be construed to limit Engineer's liability
hereunder. Notwithstanding said insurance, Engineer shall be obligated for the total amount
of any damage,injury, or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Engineer. If City terminates the contract pursuant to this
paragraph,it shall pay Engineer for services rendered to the date of termination.
10. Termination With Cause
A. City may terminate this Agreement effective upon delivery of written notice to
Engineer, or at such later date as may be established by City, under any of the
following conditions:
1) If City funding from federal, state,local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated
quantity of services. This Agreement may be modified to accommodate a
reduction in funds.
2) If federal or state regulations or guidelines are modified, changed, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this Agreement.
3) If any license or certificate required by law or regulation to be held by
Engineer, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied, revoked, or not
renewed.
4) If Engineer becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Engineer,if a receiver or trustee is appointed
for Engineer, or if there is an assignment for the benefit of creditors of
Engineer.
Any such termination of this agreement under paragraph (A) shall be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
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B. City, by written notice of default (including breach of contract) to Engineer, may
terminate the whole or any part of this Agreement:
1) If Engineer fails to provide services called for by this agreement within the
time specified herein or any extension thereof,or
2) If Engineer fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this agreement
in accordance with its terms, and after receipt of written notice from City,
fails to correct such failures within ten days or such other period as City may
authorize.
3) If Engineer fails to eliminate a conflict as described in Section 14 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Engineer shall not be exclusive and are in addition to
any other rights and remedies provided by law or under this Agreement. If City
terminates this Agreement under paragraph (B), Engineer shall be entitled to receive
as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as
the services satisfactorily rendered by Engineer bear to the total services otherwise
required to be performed for such total fee; provided, that there shall be deducted
from such amount the amount of damages,if any, sustained by City due to breach of
contract by Engineer. Damages for breach of contract shall be those allowed by
Oregon law, reasonable and necessary attorney fees, and other costs of litigation at
trial and upon appeal.
11. Non-Waiver
The failure of City to insist upon or enforce strict performance by Engineer of any of the
terms of this Agreement or to exercise any rights hereunder, should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
12. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery,
mail, or by 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 TIGARD MURRAY,SMITH AND ASSOCIATES
Atm: Rob Murchison, Sr. Project Engineer Attn: Jim Helton
Address: 13125 SW Hall Boulevard Address: 121 SW Salmon,Suite 900
Tigard, Oregon 97223 Portland,Oregon 97204
Phone: (503) 718-2699 Phone: (503) 225-9010
Fax: (503) 684-7297 Fax: (503) 225-9022
Email: robm&ti�ard-or.gov Email: jim.helton(aamsa-ep.
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and when so addressed, shall be deemed given upon deposit in the United States mail,postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices, bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to whom notices, bills and payments are to
be given by giving written notice pursuant to this paragraph.
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made in
writing and signed by both parties.
14. Professional Services
The City requires that services provided pursuant to this agreement shall be provided to the
City by an Engineer, which does not represent clients on matters contrary to City interests.
Further, Engineer shall not engage services of an engineer and/or other professional who
individually, or through members of his/her same firm, represents clients on matters contrary
to City interests.
Should the Engineer represent clients on matters contrary to City interests or engage the
services of an engineer and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Engineer shall
consult with the appropriate City representative regarding the conflict.
After such consultation, the Engineer shall have seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 10 (B-3) of this agreement.
15. Force Majeure
Neither City nor Engineer 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, an act of
God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine
restriction, area-gide 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 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.
16. Non-Discrimination
Engineer agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statutes, rules, and regulations. Engineer also shall comply with the Americans
with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules
established pursuant to those laws.
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17. Errors
Engineer shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
18. Extra (Changes) Work
Only the City's project engineer, Rob Murchison may authorize extra (and/or change) work.
Failure of Engineer to secure authorization for extra work shall constitute a waiver of all right
to adjustment in the contract price or contract time due to such unauthorized extra work and
Engineer thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
Engineer shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279A,279B,and 279C.
21. 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 said terms of said
proposal conflicting herewith.
22. Access to Records
City shall have access to such books, documents, papers and records of Engineer as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
23. Audit
Engineer shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract
period. Engineer agrees to permit City, the State of Oregon, the federal government, or their
duly authorized representatives to audit all records pertaining to this Agreement to assure the
accurate expenditure of funds.
24. 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.
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25. Industrial Accident Fund Payment
Engineer shall pay any and all contributions or amount due the Industrial Accident Fund form
that Engineer or subcontractors incur during the performance of this Agreement.
26. Complete Agreement
This Agreement and attached exhibit(s) constitutes the entire Agreement between the 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. Engineer, by the signature of its authorized representative, hereby
acknowledges that he/she 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 Engineer has executed this Agreement on the date hereinabove first written.
Approved by Tigard's Local Contract Review Board: September 10,2013.
CITY OF IGARD MURRAY,SMITH&AS OC TES,INC
By: Marth Wine, City Manager y: Authorized Contractor Representative
013
Date Date
12 1 Fage
EXHIBIT 1
PROJECT WORK PLAN AND SCOPE OF WORK
PHASE 1-PERMITTING,PRELIMINARY DESIGN&FINAL DESIGN
Task A. Project Management
Engineer's project management team will work closely with the City's project manager to ensure
effective communication throughout the project. Lines of communication and the best means of
communication (in-person, phone, e-mail, etc.) will be established at the project kick-off meeting.
The project schedule will be regularly updated with input from the City as part of Engineer's
implementation of the Project Management Plan. Various alternatives to accomplish the meeting of
key milestones will be assessed and reviewed with the City early on in the project.
Work activities under this task include the follQmLng.
• Administer the contract and prepare for, coordinate and conduct phone meetings with the
City during alternatives evaluation and as necessary during final design and construction.
• Manage subconsultants.
• Maintain control over the project schedule and budget and report monthly to the City on
project progress.
• Conduct three meetings with the City at key milestones: project kick-off; review of the
preliminary design report; and review of the 90 percent design submittal. Prepare the agenda
and circulate minutes for each meeting.
Task B. Permitting Activities
Based on Engineer's current understanding and prior experience with the land use permitting, the
land use approval for the new ASR 3 facility at the 550-foot Reservoir No. 2 site will be a simplified
process allowed under the Development Code for a Minor Modification. Close coordination
between the City and the Engineer's design team will expedite land use approvals for the facility.
Work activities under this task include the following:
• Engineer shall assist with obtaining the building permit by completing the building permit
applications when final design is complete so the building permit review process can proceed
during the bid period.
• Project approvals are needed from the Oregon Health Authority—Drinking Water Program
(OHA-DWP). The Engineer design team will coordinate as necessary with GSI to apply for
and obtain OHA-DWP approval for the project.
• Coordination will be required for the City's ASR Limited License, administered by the
Oregon Water Resources Department. Engineer will work closely with GSI to obtain the
ASR Limited License approval for this facility.
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Task C. Preliminary Design
Under this task,Engineer will prepare a Preliminary Design Report that addresses the following:
• Key recommendations and strategies to design and construct a fully operational ASR 3
facility that will integrate seamlessly into the City's existing water system.
• Recommendations and strategies for architectural and landscaping treatments that will
integrate the facility with the surrounding residential and public structures and the theme of
the Elizabeth Price Park.
• Key recommendations and strategies to make equipment and operational improvements
necessary to maintain the existing ASR 2 facility in a fully operational condition. This will
include resolving issues the City has encountered with the existing VFD and accommodating
anticipated interference between ASR 2 and ASR 3.
• Key recommendations and strategies to design and construct hydraulic, structural and
operational improvements to Reservoir No. 4.
• Surveying for both the ASR 3 site and the Reservoir No. 4 site will be conducted during
preliminary engineering.
• Geotechnical investigations for both the ASR 3 site and the Reservoir No. 4 site will be
conducted during preliminary engineering.
• Relevant aspects of the analysis,recommendations and findings for ASR 2 and ASR 3 will be
developed and reviewed in coordination with GSI during preparation of the draft
Preliminary Design Report.
• The Preliminary Design Report will include an analysis of the pros and cons of including
public restrooms — either now or as an option for the future, and either attached to the new
ASR 3 facility or located elsewhere on the site.
• The Preliminary Design Report will include discussion, analysis and a recommendation for
disinfection at ASR 3 facility.
• Preliminary electrical design will determine whether backup power is required and feasible at
the ASR 3 site and where a backup generator may be located.
• Preliminary design will also address the design of security features for the ASR 3 facility
given the facility's location in a public park and the City's expressed desire for architectural
treatments that aesthetically integrate the facility with the park.
• Preliminary electrical design for the ASR 2 facility will investigate options for resolving the
problem of excessive VFD tripping.
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• Preliminary design for Reservoir No. 4 will include a hydraulic analysis to determine whether
the water supplied to the reservoir from the 550G service level should flow through a new
PRV vault or through the existing altitude valve vault, with appropriate modifications and
repairs. The report will also provide recommendations for field instruments — if any — on
the new flow control valves. The existing SCADA panel at the facility will be replaced. The
Preliminary Design Report will provide a recommendation on whether the new SCADA
panel should be located in the structure where the existing panel is located or in a new
location closer to any new field instruments.
• Preliminary design for Reservoir No. 4 will include structural evaluation and analysis. The
Preliminary Design Report will include a summary of the options and recommendations for
improvements with estimated costs and schematic details as necessary.
• Work under this task will also include a determination of the availability of sustainability
grant funding from the Energy Trust of Oregon (ETO), including exploration of the
possibility of installing a hydroelectric turbine as part of the new ASR facility to generate
electricity for use or sale by the City.
Task D. Final Design
The Engineer's team will prepare designs and start the process of construction permitting by the
filling out the construction permit application forms for the three projects: the new ASR 3 facilities,
the modifications to the existing ASR 2 facilities and the modifications to the existing Reservoir No.
4 facilities.
• Design submittals will be provided for City review and comment at 60 percent and 90
percent completion. Prior to preparation of the final bid documents, a 100 percent Check
Set will be submitted for final review and comment. Any changes to the 100 percent Check
Set submittal will be incorporated into the final, stamped plans and specifications that will
comprise the bid documents.
• For all design review submittals, Engineer will provide the City with three (3) hardcopy sets
of 11" x 17" plans and 8-1/2" x 11" specifications plus electronic versions of the drawings
and specifications in Portable Document Format (pd�.
• For final bid documents, the City will organize and pay for the printing of the plans and
specifications. Engineer will provide the stamped, signed full-size plans for scanning to a
printing company designated by the City. The printing company shall scan the plans and
make full-size and half-size prints as required by the City. Engineer will provide complete,
ready-to-print pdfs of the 8-1/2"x 11"contract documents and specifications for printing by
the printing company designated by the City. Engineer will also provide the final, as-bid
drawings electronically in both pdf and AutoCAD format.
ASK 3 Facilities
The ASR well project consists of installation of a pump and construction of a well house structure
and related facilities. The facilities will include the structure that houses the well, the pump and
motor, piping and valves for directing water into and from the well, disinfection equipment, and
electrical and control equipment. The project will include the following:
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• Well house structure - The architectural style and building configuration of the new well
house structure will be determined during the preliminary design phase,with input from City
staff. The building and landscape shall be designed to enhance the park and reflect the
surrounding neighborhood character. The building may contain future public restrooms if
this is found to be desirable and feasible at the preliminary design stage. The facility will
include appropriate building systems including lighting, heating and ventilation, fire and life
safety and a separate interior room for disinfection equipment.
• Pumping system - The project will include furnishing and installing the well pump, which
will be a line shaft vertical turbine type pump. Piping and valving — including injection
piping, isolation and control valves — will be installed. The well house piping will be
connected to the existing distribution system.
• Electrical power system and instrumentation and control system - Power supply to the
station will be from the existing primary voltage electrical system located along SW Bull
Mountain Road. Coordination with PGE (utility provider) will be provided and any work
required by PGE will be incorporated into the bid documents. A pad mount transformer
will be installed on the site to provide 480-volt 3-phase service to the structure. A motor
control center and associated electrical work will be installed inside the structure.
Instrumentation and control systems will be installed and will be incorporated into the City's
existing telemetry system. Electrical design will provide power system designs and telemetry
system interconnect drawings for all new equipment. The existing power, control and
telemetry systems at the Price Reservoir will be incorporated into the new electrical SCADA
facilities. The City's system integrator,PEI,will provide instrumentation and control system
services as noted in the assumptions above.
• Disinfection system - On-site disinfection facilities will be installed in the well house. The
decision to disinfect with free available chlorine (FAC), chloramines or FAC initially with the
capacity to install ammoniation facilities at a later date will be made during preliminary
design.
• Site improvements - Site improvements will be provided including architectural and
landscape site treatment as determined above,recognizing that the site is currently developed
as a neighborhood park. Other site improvements will include extending the access road to
SW Bull Mountain Road and incorporating a small parking area/hammerhead for vehicle
turnaround and parking of City vehicles when staff are working at the ASR 3 facility. The
design team assumes that construction access will be from SW Bull Mountain Road, across
the existing sidewalk, with the sidewalk being restored in conjunction with a new driveway
paved from the existing gate to Bull Mountain Road.
Existing ASK 2 FacilityLWrovementr
The ASR 2 facility improvements consist of upgrades and modifications to the well pump setting to
mitigate for potential well interference between ASR 2 and ASR 3 and to address problems with the
existing VFD identified by City staff. The project includes the following:
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• Pump Setting Modifications — In order to mitigate for anticipated well interference and
drawdown associated with combined pumping of ASR 2 and ASR 3, GSI recommended in
2009 that the City consider lowering the setting of the ASR 2 pump by approximately 25
feet. An update of this interference analysis and a review of desired pumping capacities will
be completed, in coordination with GSI, to determine the full extent of expected
interference and recommended new pump setting. Pump setting modifications will require
additional pump discharge column, pump line shaft modifications, and modifications to the
downhole control valve control system.
• Pump and Motor Capacity—Based on the extent of additional drawdown and the desired
pumping rates, the existing ASR 2 well pump,motor and VFD may lack adequate capacity to
meet the new pumping conditions. At a minimum, additional pump stages, added to the
existing pump, may be required to accommodate the additional pumping head. Motor
capacity may also be a limitation,requiring replacement of the existing motor and VFD.
• SCADA Integration —Engineer's electrical designer will coordinate with PEI by providing
PEI with the required SCADA interconnect data for the new VFD and other equipment.
PEI will be responsible for providing the required system programming to support
operation and control of the VFD from the City's SCADA system.
• Optional Electrical Modifications (Task I) — It is understood that a high priority
improvement is modification or replacement, as necessary, of the existing VFD which has
experienced several issues and become increasingly difficult to maintain. Analysis during
preliminary design will determine if the VFD needs to be replaced or modified. If motor
size requirements increase as a result of ASR well interference, a new VFD will be designed
to coordinate VFD capacity with the pump and motor capacity. If increased motor capacity
is needed, then upstream electrical systems including the electrical service and standby
generator capacity will be analyzed and improvements identified. If the motor size does not
increase, preliminary design analysis will determine if the existing VFD requires minimal
modifications, major modifications or complete replacement to address the problems
identified previously by City staff. Once preliminary design is complete, Engineer will
request that the City approve a change in scope to accommodate the required electrical
analysis and design work.
• Optional Structural Modifications (Task J) —If the existing CMU well building requires
modifications to interior partition walls to accommodate the electrical or mechanical
modifications necessary to repair the VFD and mitigate interference between ASR 2 and
ASR 3, Engineer will request that the City approve a change in scope to include structural
analysis and design of the required modifications. The design team assumes that any
structural modifications will be accommodated within the existing building footprint.
Engineer shall work with the structural designer and the electrical designer to coordinate
structural modifications,if required.
Connecting 550G Service Level to 410 Service Level through Reservoir Na 4
Improvements at the City's Reservoir No. 4 site include rehabilitation and retrofit of elements of the
buried concrete reservoir serving the 410-foot service level, and the design and construction of a
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new regulated connection between the 550G service level and the 410-foot service level. The
project includes the following:
• Reservoir Improvements — Recommended improvements to the reservoir structure,
documented in a draft report prepared by Engineer - Reservoir No. 4 Minor Rehabilitation,
dated April 4,2012,include:
➢ Repair of joint sealant
➢ Vent screen replacement
➢ Beam pocket repairs
➢ Roof slab coating
➢ Seismic evaluation and upgrade
➢ Interior reservoir piping upgrades
➢ Reservoir hatch replacement
➢ SCADA RTU replacement
Based on the era in which the reservoir was constructed and upon the available construction
documents, the Engineer design team assumes that many elements of the existing reservoir will not
meet current code requirements. Engineer anticipates that the roof, column and wall stresses will
require design of upgrades and that many of the connection elements will also require design of
upgrades.
• Regulated 550G to 410 Service Level Connection —As recommended in the City's 2010
Water System Master Plan, a new connection between these two service levels will be
designed and constructed. The new connection will facilitate increased turnover of
Reservoir No. 16 serving the 550G service level and will improve turnover in Reservoir No.
4. It is anticipated that this connection will directly feed the inlet of Reservoir No. 4
allowing the City to utilize the additional reservoir volume above the 410-foot hydraulic
grade of the service level. The connection will be regulated either be through a new PRV or
through the existing altitude valve, with rehabilitation and modification of the altitude valve
as necessary to accommodate the anticipated flows and supply pressure. Field instruments
will be installed for relaying flow rates and the status of the regulating valve to the SCADA
system. The existing valve vault will be modified to improve access.
• Ancillary Improvements — Other site civil, mechanical and electrical improvements
required for continued maintenance and operation of facilities at the existing site.
Task E. Cost Estimates
Under this task, cost estimates will be developed with the Preliminary Design Report and each
design submittal, documenting the engineer's estimate of probable construction cost for each of the
three project elements. Cost estimates will be prepared to the level of detail appropriate for the
design stage and in conformance with the principles of the Association for Advancement of Cost
Engineering (AACE International).
Task F. Scheduling
At project initiation, an initial critical path method (CPM) project schedule will be developed using
Microsoft Project scheduling software to monitor engineering disciplines, key deliverables, and
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overall progress of the project. The project schedule will be a comprehensive plan with an
appropriate level of detail and establishing the sequence of tasks and activities necessary to complete
the project. Float shall be used to monitor the critical path, key deliverables for design, and
preliminary construction phase start and end dates.
Task G. Engineering Services during Bidding, Construction and Start-Up
Task G1 —Services duringBidding idding and Basic Services during Construction
GLA - Services during Bidding
Work under this task includes providing technical assistance as needed to respond to questions and
inquiries from prospective contractors and interested parties during the bidding process. Assistance
will be provided to City staff throughout the bidding process and in the evaluation of bid proposals.
Specific bid phase work activities include:
• Prepare bid documents and assist the City in providing reproduction of these documents
and assist in distribution as needed.
• Respond to contractor questions and clarifications during the bidding period.
• Prepare addenda that may be necessary as a result of responses to questions and
clarifications during the bid period.
• Prepare conformed contractor documents that incorporate all addenda into a set of contract
documents.
G 1.B—Basic Senices during Construction
Basic construction phase services for the project include the following work activities:
• Prepare permit applications and assist contractor in obtaining required building and other
construction permits.
• Review, comment and approve construction submittals (45 submittals assumed).
• Respond to requests for information (RFI) and clarifications that may result from contractor
questions during construction (15 RFIs assumed).
• Perform on site inspections as required by code at key times during construction.
• Provide personnel to accommodate the testing, startup and commissioning.
• Participate in the development of punch lists to be provided for construction contractor's
action or correction prerequisite to phased testing, start-up, commissioning, and
construction close-out activities.
• Participate in the final walk through inspection
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G2—Additional, Qblional Senices during Construction
The majority of the basic construction services noted above do not require a significant amount of
time at the site nor direct coordination with the construction contractor. In the event that City staff
is occupied with managing the design and construction of other projects that may occur
simultaneous with the construction phase of this project, Engineer is available to provide the.
following additional construction phase services for the project:
• Provide up to 360 hours of on-site construction observation by a staff engineer supported
by the Project Engineer. Assuming a nine month construction contract with a six month
period of maximum activity in the field, this amounts to having Engineer provide on-site
construction observation for approximately 38 percent of the six month period of maximum
field activity.
• Prepare change order scope documents, review the construction contractor's proposed
pricing and contract time changes, and provide recommendations to the City (10 change
orders assumed).
• Review construction contractor's monthly progress payment requests (9 payment requests
assumed).
• Attend and administer pre-construction meeting and bi-weekly construction progress
meetings, including documenting all meeting decisions and impending action items (16
meetings assumed, which provides for the pre-construction meeting plus bi-weekly
construction progress meetings over the course of seven and a half months).
• Perform periodic site inspections,not required by code, by the Project Engineer at key times
during construction (15 site inspections assumed, which provides for bi-weekly visits over
the course of seven and a half months on weeks alternating with the bi-weekly construction
progress meetings).
• Provide a reasonable degree of day-to-day and periodic communication and associated
coordination with City staff to keep staff appraised of construction progress and of any
issues that may impact project cost or schedule.
Task H. Operations Support
Engineer will prepare record drawings for all three completed projects.
• Record drawings shall be provided on full-size, 4-mil Mylar. Record drawings shall also be
provided electronically,per City standards,in both pdf and AutoCAD formats.
• For the ASR 3 facility, Engineer will compile and develop appropriate operations and
preventative maintenance (O&M) information, including descriptions and procedures to a
level of detail that enables the City to effectively and efficiently operate the facilities.
Engineer will prepare an O&M Manual for the overall ASR 3 facility that includes a
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description of the operation of the major equipment, a control narrative, documentation of
relevant field tests conducting during startup, and record drawings produced at half size (11"
x 17"). Engineer will review the O&M information provided by the construction contractor
for individual pieces of major equipment to ensure that the vendor's original equipment
manuals provide the required O&M information.
• For the ASR 2 facility, Engineer will update the O&M Manual as necessary to incorporate
the modifications completed under this project.
PROJECT PHASE/TASK _ � — TOTAL
PHASE 1-PERMITTING,PRELIMINARY DESIGN&FINAL DESIGN
Task A -Project Management
Task A Subtotal $25,058
Task B -Permitting for ASR 3
Task B Subtotal $11,110
Task C - Preliminary Design
Task C Subtotal $108,876
Task D - Final Design
Task D Subtotal $220,322
Task E - Cost Estimates -included in Preliminary&Final design
Task E Subtotal $
Task F—Scheduling-Develop,Manage d� Update Project Schedule- included in
Proyect Management
Task F Subtotal $
PHASE 1 SUBTOTAL $365,366
PHASE 2-BIDDING,CONSTRUCTION&OPERATIONS SUPPORT
Task G1 -Bidding, Construction&Start-Up Base Services
Task G1 Subtotal $85,125
Task G2 - Optional Additional Services during Construction
Task G2 Subtotal $87,948
Task G Subtotal $173,073
Task H - Operations Support
Task H Subtotal $35,056
PHASE 2 SUBTOTAL BASE SERVICES $120,182
PHASE 2 SUBTOTAL WITH OPTIONAL SERVICES $208,129
Task I- Optional Electrical Services for ASR 2 Modifications
Design—included in Task C&Task D if approved by Pr jectManager
Task I Subtotal $10,384
Task J - Optional Structural Services for ASR 2 Modifications
Design-included in Task C&Task D if approved by Project Manager $10,484
Bidding& Construction - include in Tasks C&D if approved by Pr ject Manager $3,718
Task J Subtotal $14,202
Optional Tasks Subtotal $24,586
TOTAL-ALL PHASES EXCLUDING OPTIONAL TASKS $485,548
TOTAL-ALL PHASES INCLUDING OPTIONAL TASKS $598,081
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