Murray Smith & Associates, Inc (MSA) ~ C160017 Citi-of'Tigard
CONTRACT CHANGE ORDER/ 13125 SVS'Hall Blvd.Tigard,Oregon 97223
AMENDMENT #1 SUMMARY FORM Phone- (503) 639-4171
Fax- (503) 684-7297
w w.ti and-or. ov
Project Tide:Analysis of Red Rock Creek Waterline Project Manager:Jeff Peck
Connections
Contractor: MurraySmith&Associates, Inc. SA Original Contract#: C160017
Effective Dates: 12/28/15 Chane Order/Amendment Amount: $0
Accounting String: 532-8000-56005-96043-130 Amendment Percentage Running Total: 00/'0
AMENDMENT DETAILS
For time only—requested for city to comment on the preliminary design report and mapping.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract Amount 25,000
Amendment 1 or time only) 0
TOTAL CONTRACT 25,000
REASONING FOR CHANGE ORDER/AMENDMENT
City is requesting time extension to the contract for 2 months until February 29, 2016.
REQUESTING PROJECT MANAGER APPROVING ITY STAFF
Signature
Si nature
- — 1 (_0 7'7= 2-6!(o
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
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
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed the project's FY budget. Date
V
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
ANALYSIS of RED ROCS CREEK WATERLINE CONNECTIONS C160017
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Murray Smith &Associates, Inc, hereinafter referred to as Contractor, entered into on the
14`h day of September,2015,is hereby amended as follows:
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 Deeernber 31, 204 5 Februan N), 91116,
whichever comes first. All work under this Agreement shall be completed prior to the expiration of
this Agreement.
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.
Criy OFF TIGARD MUR-RAY SMIT C S,INC
Signature Signa e
Printed Name Printed Name
i &
Date Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORM MUS TA CCOMPANY EVER Y CONTRACT
Contract Title: Analysis of Red Rock Crk Waterline Connections CIP #96046 Number
Contractor: Murray Smith&Associates. Inc. (AISA) Contract Total: $25,000
Contract Overview: MS_k is being hired to Perform an engineering study to determine the
h�draulic feasibility of termuiating the 12"loop line from Huiiziker Rd to
Hall Blvd. DESA is to determine estimated pipe sizing,route and other
improvements needed to provide adequate domestic and fire suppression
service to the properties affected b3 the existing 12" line
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps: Evaluated Risk.Matrix and discussed insurance requirements with Risk Department
prior to sending out contract to IMSA.
Risk Comments:
Risk Signature:
Contract Manager:Jeff Peck Ext: 2466 Department: PW/Engineering
Tape: ❑ Purchase ,agreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ® Other: Engineering Services Agreement
Start Date: September 14.2015 End Date: December 31,2015
Quotes/Bids/Proposal: FIRM AmouNT/SCORE
Murray Smith &associates. Inc. $25,000
Account String Fund-Division-Account Work Order--A tiviry:Tyke Amount
FY 15/16 532-8000-56005 96046-130 $25.000
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
Cite Manager Comments:
City Manager Signature: ' �IG�
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
G Contract Number
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
ANALYSIS OF PROPOSED RED ROCK CREEK WATERLINE RELOCATION CONNECTIONS
THIS AGREEMENT, made and entered into this 14th day of September, 2015, by and between
the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Murray Smith
& Associates, Inc., whose authorized representative is Brian Ginter, and having a principal being a
registered engineer of the State of Oregon,hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's 2015-2016 fiscal year budget provides for engineering services for the
Analysis of the proposed Red Rock Creek waterline relocation connections; 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 December 31, 2015,
whichever comes first. All work under this Agreement shall be completed prior to the
expiration of this Agreement.
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic 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 Basic Fee shall not exceed the amount of
Twenty Five Thousand and No/100 Dollars ($25,000.00) without prior written
authorization.
2) The parties hereto do expressly agree that the Basic 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
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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.
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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 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
jneeded 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 Ci certifies that sufficient funds are available and authorized for expenditure to
) City p
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.
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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 as well as storage device such as thumb drive or sd card 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.
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 to assignment of
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.
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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 doe's 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.
F. Engineer shall obtain, prior to the execution of any performance under this Agreement,
a City of Tigard Business License. The Tigard Business License is based on a calendar
year with a December 31st expiration date. New businesses operating in Tigard after
June 30th of the current year will pay a pro-rated fee though the end of the calendar year.
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 agrees and shall indemnify,
defend, save and hold harmless the City of Tigard, its officers, employees, agents, and
representatives from all claims, suits, or actions and all expenses incidental to the
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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 in performance of this contract at both trial and appeal
level, whether or not a trial or appeal ever takes place including any hearing before
federal or state administrative agencies.. 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 agrees and shall indemnify, defend, save and
hold harmless the City of Tigard, its officers, employees, agents, and representatives
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 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 in performance of this
contract. 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 in performance of
this contract.
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 risks arising directly or
indirectly out of Engineer's activities or work hereunder, including the operations 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 (CG 2010 1185 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
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Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
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 any actual or
alleged negligent act, error or omission in the rendering of or failure to render Professional
Services. Combined single limit per claim shall not be less than $2,000,000, or the
equivalent. Annual aggregate limit shall not be less than $3,000,000 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$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than$2,000,000.
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 shall include Employer's Liability Insurance with coverage
limits of not less than$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the City its officers, employees, agents and representatives 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
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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. All policies of insurance must be written by companies
having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right
to reject all or any insurance carrier(s) with an unacceptable financial rating.
H. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
I. 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 effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the address below prior to
coverage expiration.
J. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
K. 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.
L. 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.
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A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work.
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.
B. City, by written notice of default (including breach of contract) to Engineer, may
terminate the whole or any part of this Agreement:
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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&ASSOCIATES,INC.
Attn:Jeff Peck Attn: Brian Ginter
Address: 13125 SW Hall Blvd. Address: 121 SW Salmon,Suite 900
Tigard, Oregon 97223 Portland, Oregon 97204
Phone: (503) 718-2466 Phone: (503)225-9010
Fax: (503) 624-0752 Fax: (503)225-9022
Email: Teff @tigard-or.gov Email: Brian.Ginter@msa-ep.com
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.
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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-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled shall
within ten 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 statues, 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.
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.
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18. Extra (Changes) Work
Only the City's Project Manager 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. Complete Agreement
This Agreement,including the exhibits,is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibits, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
No 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.
CITY OFF TIGARD MURRAY SMITH&ASSOCIATES,INC.
By: Marty Wine, City Manager By. Authorized Contractor Representative
Date Date
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EXHIBIT A
SCOPE OF SERVICES
BACKGROUND
The City of Tigard is in the Design Phase of upsizing and relocating an existing 12-inch sewer trunk
line to improve maintenance access. The sewer reach is identified as D-120, and it is located within
the banks of a tributary to Red Rock Creek.
There is also a 12-inch cast iron waterline located in the tributary of Red Rock Creek. It provides a
looped connection from Hunziker Road to Hall Boulevard. The 12-inch line provides service and
fire protection for industrial properties located on the north and south side of the creek.
The waterline is inaccessible and requires relocation.
The preferred waterline alignment is down Wall Street with a future connection to Tech Center
Drive.
Alternative fire flow will have to be provide to industrial properties on the north side of the creek
affected by the termination of the existing line.
TASK 1
Perform an engineering study to determine the hydraulic feasibility of terminating the 12"loop from
Hunziker Road to Hall Blvd. Should the loop continue to be necessary, determine estimated piping
sizes,route, and other improvements need to provide adequate water supply for fire suppression to
the service area.
TASK 2
Determine estimated piping sizes,route, and other improvements needed to provide fire protection
to commercial properties in the Hunziker Core Area, currently served by the 12"waterline located in
the creek.
TASK 3
Prepare a technical memorandum documenting the findings of the hydraulic analysis,possible
alternatives to maintain adequate domestic and fire suppression service, and engineering estimate of
probable design and construction costs based on the preferred alternative.
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EXHIBIT B
ENGINEER'S PROPOSAL
- 2015 SCHEDULE OF CHARGES
Personnel:
Labor will be invoiced by staff classification at the following hourly rates,which are valid from
January 1, 2015 to December 31, 2015. After this period, the rates are subject to adjustment.
Administrative $72.00-88.00
Technicians $82.00-125.00
Engineering Designers $103.00-130.00
Professional Engineers $122.00-170.00
Principal Engineers $178.00-218.00
Project Expenses:
Expenses incurred in-house that are directly attributable to the project will be invoiced at actual cost.
These expenses include the following:
CADD Hardware/Software $18.00/hour
Modeling and GIS Hardware/Software $10.00/hour
Mileage Current IRS Rate
Postage and Delivery Services At Cost
Printing and Reproduction At Cost
Travel,Lodging and Subsistence At Cost
Outside Services:
1 Outside technical, professional and other services will be invoiced at actual cost plus 10 percent to
cover administration and overhead.
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