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Murray Smith and Associates ~ 9-1079 This project is funded with federal funds from the American Recovery and Investment Act through the Safe Drinking Water Revolving Loan Fund *CITY OF TIGARD, OREGON AMENDMENT TO CONTRACT#9-1079 17p! **PFCaVFPY.GOV ENGINEERING SERVICES T I GARD AMENDMENT #3 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Murray Smith & Associates, Inc. (MSA), hereinafter referred to as Contractor, entered into on the 28th day of August 2008,is hereby amended as follows: 3. ENGINEER'S FEE A. Basic Fee 1) As compensation for Basic Services as described in Exhibit 2 of the original Agreement and Amendments #1 and #2, and for services required in the fulfillment of Paragraph 1 of the original Agreement, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit 2 of the original agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The hourly rates are subject to adjustment after December 31, 2008, not to exceed 5%. The Basic Fee shall not exceed the amount of Six Seven Hundred Twenty Three Thousand Seven Hundred Six and No/100 Dollars ($723,7061 without prior written authorization. EXHIBIT 3— SCOPE OF SERVICES Exhibit 3 of the original contract shall be amended with the additional services listed in Attachment A to this Amendment. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD MURRAY SMITH&ASSOCIATE ,INC. h Signature r,,- NeIw7tU\v1 Signature Printed Name Printed Name /Gt-// I/7/V/Zen Date Date 4- E =e _ P Murray,Smith&Associates,Inc. Engineers/Planners 121 S.W.Salmon,Suite 900 Portland,Oregon 9720-2919 -. 0,1 k C 2' !'0 tq 503 225.9022 08-0985.302 v October 27, 2011 O '2. pCj Mr. Rob Murchison 0O' City of Tigard 13125 SW Hall Boulevard. Tigard, Oregon 97223 Re: City of Tigard— 10 MG Reservoir Improvements and Transfer Pump Station Contract Amendment Request for Construction Administration Services After Substantial Completion Date and for Steel Pipe Replacement, (Submittal 69.4) and Metal Roof Replacement (Submittal 96.3) Dear Rob: As we discussed, the project construction schedule has extended beyond the original anticipated completion date of May 1 and is still in the process of being completed. The work program for engineering services included construction administration services through May 1, 2011 and engineering budgets were estimated based on this schedule and subsequently have been expended due to the additional time required to complete the construction phase of the project. Based on previous discussions with the City of Tigard (City) and James W. Fowler Co. (Contractor), the additional time to complete construction is the result of the Contractor's schedule being extended to complete the project. To provide added construction administration from May 1 through August 31, 2011, we suggest an engineering budget of$50,000. Attachment A presents a summary of the labor and expenses associated with this work. This includes submittal reviews, punchlist development and review, payment application processing, start-up services, final walk through, O&M manual preparation and as-built drawing preparation. The hourly labor rates shown in the attached fee summary are based on Murray, Smith & Associates, Inc.'s (MSA) current 2011 labor rate schedule. In accordance with MSA's contract with the City, labor rates are allowed to be adjusted per MSA's current rate schedule. The project began in 2008 and rates have been adjusted annually from that time. In addition to the construction administration services summarized above, there are additional suggested services to address steel piping replacement in the pump station and other American Recovery and Reinvestment Act (ARRA) interests. As you know, the above reference project is an ARRA project and requires recipients to comply with all provisions of ARRA, including the Buy American provision described in Section 1605 of the ARRA. A Rob Murchison October 27, 2011 Page 2 letter was forwarded to the Contractor on June 22, 2011 documenting the steel pipe in the pump station appears to be non-compliant with ARRA based on the submitted paperwork and the requirements provided by the EPA. Documentation from the Contractor demonstrating the pipe is made of domestic steel was not provided; as such the steel pipe installed in the City's transfer pump station does not meet the ARRA requirements and the project specifications. The Contractor has indicated the steel pipe inside the pump station and the metal roof will be removed and replaced with products made from domestic steel. Throughout this work, the City and MSA will be involved to review paperwork and submittals associated with the pipe and roof relative to ARRA requirements and observe surface preparation prior to coating procedures, placement of pipe in the pump station, and sequencing and staging of the work. The engineering tasks include suggested procedures the Contractor shall follow in order to meet the original project plans and specifications and to properly replace the piping and roof. Variations to the suggested work tasks will be reviewed by the City and MSA and approved before the work commences. Labor rates included in the estimated costs presented below are based on MSA's current rate schedule. Miscellaneous expenses are not shown in the fee estimate for each task presented below but are included in the total for each task and are summarized below in the fee summary table. • Pipe and Roof Replacement Plan—The Contractor shall submit a pipe and roof replacement plan outlining sequencing of pipe and roof removal and replacement. The plan shall outline all aspects of the material replacement including staging, sequence of operations, and protection of pumps and other existing pump station equipment required to replace the steel pipe and metal roof. If retrofit anchors and/or a cabling system are installed under the first floor slab to move piping in and around the pump station, Peterson Structural Engineers (PSE), may need to review the pipe replacement plan relative to structural impacts to the building. All modifications to the existing structure must be performed in accordance with the project plans and specifications. When the pipe replacement plan has been submitted for review, it will be determined whether PSE is required to review the plan. An approximate budget required for MSA and PSE to review this plan is $3,500. o MSA • Engineer V $117/hr at 9 hrs • Principal Engineer $153/hr at 2.5 hrs o PSE • ' Approximately 12 hours: Total $2000 • Submittal Review—The Contractor shall provide material submittals in accordance with Specification No. 15000 —Piping, General, Specification No. 07400 —Metal Roofing, and Specification No. 07610—Flashing and Sheet Metal. MSA will review the submittals relative to the ARRA requirements, will review photos of the steel pipe -rad.msa-ep.com'Portland\PDX_Projectst08'0985'302-Document Review,Clarifications and Payment Requests'Letters\Murchison 10-25-1 l.doc Rob Murchison October 27, 2011 Page 3 and appurtenances with mill/heat markings on each pipe, visit the pipe fabricator's shop where the uncoated pipe is stored, and compare heat numbers associated with mill certificates to ensure the pipe materials meet the ARRA Buy American requirements and are directly linked to submitted paperwork. MSA will review shop drawings for the fabricated pipe segments. Submittals shall include exact dimension for each pipe segment. MSA will review up to two (2) submissions of each required submittal in accordance with project specifications. An approximate budget required for MSA to review submittals relative to project specifications and ARRA is $2,500. o MSA • Engineer V $117/hr at 16 hrs • Principal Engineer $153/hr at 4 hrs • Steel Pipe Surface Preparation and Coating—Per Specification No. 09800, MSA or a testing company such as Carlson Testing, Inc., will observe the surface preparation prior to coating of the steel pipe. The coating manufacturer's representative shall observe coating application procedures and provide inspection reports describing adequacy of work performed. Surface preparation and coating shall be in accordance with Specification No. 09800 — Protective Coatings. An approximate budget required for MSA to review this work is $2,000. o MSA • Engineer V $117/hr at 12 hrs • Principal Engineer $153/hr at 3.5 hrs • Meetings—Before the work commences, a meeting will be held to ensure the Contractor's proposed plan will be acceptable to the City, MSA, and PSE. Once the work begins, MSA will attend weekly construction meetings during the pipe and roof replacement work. An approximate budget for MSA to attend up to three (3) meetings is $3,000. o MSA • Engineer V $117/hr at 15 hrs • Principal Engineer $153/hr at 7.5 hrs • Final Installations—MSA will intermittently observe the removal of the existing steel pipe and metal roof and the installation of the replacement pipe and roof. It is assumed that the MSA project engineer will visit the project site up to four times and the MSA project manager will visit the project site up to two times. It is assumed a City representative will be on site full time during this work. If a City representative is not available, MSA may be available on an hourly basis to provide construction observation. An approximate budget required for MSA to complete this work is $4,000. o MSA • Engineer V $117/hr at 25 hrs • Principal Engineer $153/hr at 6.5 hrs •wd.msa-ep.comtPortland\PDX_Projects'.08'0985 302-Document Review.Clarifications and Payment Requests Letters'Murchison 10-25-11.doc Rob Murchison October 27, 2011 Page 4 • MSA will provide as-builts of piping installed in the pump station as certain aspects of the pipe may be modified to enable placement of the new pipe in the pump station. An approximate budget required for MSA to complete this work is $1,000 o MSA • Engineer V $117/hr at 5 hrs • Principal Engineer $153/hr at 2.5 hrs Based on the above described construction administration services, the approximate fees to cover construction administrative services after May 1, 2011 and for the steel pipe replacement, are summarized below: • Principal Engineer Total Engineer V Subconsultant Expenses ($153/hr.) ($117/hr.) Costs Murray, Smith & * * * * Associates, Inc. (General $50,000 Construction Admin) Murray, Smith& 26.5 82 $2000 $351.5 Associates, Inc. (ARRA steel pipe and roof $16,000 replacement) Total Requested Compensation $66,000 * See Attachment A Please review the above proposal and associated budget and let us know if you have any questions or comments in this regard. Thank you for your consideration. Sincerely, MURRAY, SMITH & ASSOCIATES, INC. ‘1/1Zu 1/46/ Matt L. Hickey, P.E. Principal Engineer MLH:dam ttad.msa-ep.comPortland'PDX_Projects,OS`0955`302-Document Review.Clarifications and Payment Requests\Letters`Murchison 10.25-11.doc M - ATTACHMENT 1lurrav Smith&Associates,Inc, Engineers/Planners 121 S.11`.Salmon,Suite()00 k Portland.Oregon 97204-2919 R PH0NE'103.226.9010 ■ FAX 503.225.9022 Mr. Rob Murchison, PE City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 Project 08-0985 10 MG Reservoir Site Improvements Pump Station and Reservoir Seismic Upgrade and Construction Fees for professional engineering services performed from May 1,2011 through August 31,2011 Task 301 Contractor Meetings and On-site Observation Labor Hours Rate Amount Senior Principal 1.00 18T00 187.00 Principal Eng./Associate 23.50 153.00 3,595.50 Engineer V 103.50 117.00 12,109.50 Total 128.00 15,892.00 Labor Subtotal 15,892.00 Consultant R&W Engineering, Inc. 8,098.76 Consultant Subtotal 8,098.76 8,098.76 Reimbursable Mileage 42.33 Reimbursable Subtotal 42.33 42.33 In-House Expenses Mileage 171.87 B&W Copies and Prints .30 In-house Expense Subtotal 172.17 172.17 Task Total $24,205.26 Task 302 Document Review,Clarifications and Payment Requests Labor Hours Rate Amount Principal Eng./Associate 51.50 153.00 7,879.50 Engineer V 88.00 117.00 10,296.00 Engineer IV 1.00 110.00 110.00 Engineer II .50 98.00 49.00 Clerical 1.50 64.00 96.00 Total 142.50 18,430.50 Labor Subtotal 18,430.50 In-House Expenses B&W Copies and Prints 44.24 In-house Expense Subtotal 44.24 44.24 Task Total $18,474.74 Project 08-0985 10 MG Reservoir Site Improvements Task 303 Status Reports and Progress Meetings Labor Hours Rate Amount Engineer V 4.50 117.00 526.50 Total 4.50 526.50 Labor Subtotal 526.50 Task Total $526.50 Task 305 Record Drawings and O&M Manuals Labor Hours Rate Amount Engineer V 9.50 117.00 1,111.50 Technician 4.50 91.00 409.50 Total 14.00 1,521.00 Labor Subtotal 1,521.00 In-House Expenses CADD Time 58.50 In-house Expense Subtotal 58.50 58.50 Task Total $1,579.50 Task 551 Manifold Repair Labor Hours Rate Amount Senior Principal 1.50 187.00 280.50 Principal Eng./Associate 9.50 153.00 1,453.50 Engineer V 6.50 117.00 760.50 Total 17.50 2,494.50 Labor Subtotal 2,494.50 Task Total $2,494.50 Task 561 Steel ARRA Paperwork Labor Hours Rate Amount Senior Principal 1.50 187.00 280.50 Principal Eng./Associate 6.00 153.00 918.00 Engineer V 13.00 117.00 1,521.00 Total 20.50 2,719.50 Labor Subtotal 2,719.50 Task Total $2,719.50 Grand Total $50,000.00 Page 2 SA Murray,Smith&Associates,lnc. Engineers/Planners 121 S.W.Salmon,Suite 900 ' Portland,Oregon 9720+2919 • PHONE 503225.9010 • FAX 503 225.9022 LETTER OF TRANSMITTAL To: City of Tigard Date: November 14, 2011 13125 SW Hall Boulevard Job No. 08-0985.*** Tigard, Oregon 97223 Re: 10 MG Reservoir Site Improvements Pump Station and Reservoir Seismic Attn.: Mr.Robert Murchison, P.E. Upgrade and Construction Project WE ARE SENDING YOU: Il Attached ❑ Under separate cover Copies Date Description 2 Nov-11 Amendment No. 3 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use 0 As requested 0 Sign and return one copy REMARKS: Please find the attached signed contract amendment for the above referenced project. We very much appreciate you processing this amendment for the additional work to complete the project. Please let me know if you have any questions or require additional information. Thank you. COPY TO: SIGNED: 7� �L Mr.Matthe . Hickey Principal Engineer G:.PDX_AdmimAgreements and Insurance\Prime Consultant\Clients∎Tigard,08-0985+hturchison 11-14-I1.docx This project is funded with federal funds from the American Recovery and Investment Act through the Safe Drinking Water Revolving Loan Fund CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT#9-1079 *'F �"**NECOVEflY CDV ENGINEERING SERVICES TIGARD AMENDMENT #2 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Murray Smith &Associates, Inc. (MSA), hereinafter referred to as Contractor, entered into on the 11th day of February,2010,is hereby amended as follows: 3. ENGINEER'S FEE A. Basic Fee 1) As compensation for Basic Services as described in Exhibit 2 of this the original Agreement, and for services required in the fulfillment of Paragraph 1 of the original Agreement, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit 2 of this the original agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The hourly rates are subject to adjustment after December 31, 2008, not to exceed 5%. The Basic Fee shall not exceed the amount of Five Hundred Forty - . -;. : -• -. . - ; •e -'= •:.- '• Six Hundred Fifty Seven Thousand Seven Hundred Six and No/100 Dollars ($657,706.00) without prior written authorization. EXHIBIT 3—SCOPE OF SERVICES Exhibit 3 of the original contract shall be amended with the additional services listed in Attachment A to this Amendment. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD MURRAY SMITH&ASSOCIATES,INC. Signature Signature Printed Name Printed Name Date Date VI SA Nlurras;Smith&Associates,Inc. Engineera/Planners 121 S,Si.Salmmt,Suite 900 Panland,Oregon 9'204.2919 PHO\E 503.725.9010 - FIX 50?25.902 2 08-0985.*** July 18, 2011 Mr. Rob Murchison City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97232 Re: City of Tigard— 10 MG Reservoir Improvements and Transfer Pump Station, Contract Amendment Request for Construction Administration Services Dear Rob: As we discussed, this letter requests additional budget to complete construction administration services for the above referenced project through May 1, 2011. The project includes the construction of a 40-foot deep pump station and valve vault and a specialized shoring system was required to safely support the excavation for the construction of the concrete structures,mechanical piping, pumps, and required valving. The contract documents required the Contractor to use a shoring system that limits vibration to the surrounding properties and the City of Tigard's (City) 10 MG reservoir. The shoring system originally considered to limit risks was a Slide Rail or soldier pile system. The Contractor proposed to use a soil nail wall shoring system. The selected shoring system has required an additional level of effort to ensure all of the original requirements for the system have been met. In addition to the work required for the shoring system construction administration, there are a number of other elements that have required additional time by the engineering team. The items requiring additional engineering time are summarized below: • Meetings—MSA attended additional meetings to discuss the selected shoring system as suggested by the Contractor. A preliminary meeting was held at MSA's office on April 21, 2010, with Scheffler NW, Inc., and JW Fowler. The preliminary design meeting discussed the challenges associated with the soil nail system and provided recommendations for design elements. The formal submittal was received and reviewed by MSA and the subconsultant team. A subsequent workshop was held between MSA, Peterson Structural Engineers (PSE), GRI, JW Fowler and their subconsultant team, and the City to further review the proposed shoring system. The purpose of this meeting was to discuss how to minimize risks to the existing reservoir and existing utilities. Construction methods were also discussed to ensure the external drainage system would be properly installed with the selected system. The additional Mr. Rob Murchison July 18, 2011 Page 2 budget requested for this work is $2,000 for MSA and $2,000 for PSE, for a total of $4,000. • Additional Submittal Review—The temporary shoring wall plans were originally submitted on May 17, 2010. The shoring plans were reviewed by MSA, PSE, and GRI. Each submittal has taken an additional level of effort beyond an anticipated submittal review. Currently, the fourth re-submittal for the temporary shoring wall plans was submitted on September 7, 2010. MSA, PSE, and GRI are currently reviewing this submittal for completeness. The requested engineering fees associated with the review of the shoring system are $2,000 for MSA and $2,000 for PSE, for a total of$4,000. • Coordination—One of the major components of the shoring system is the coordination of the inspection, oversight, and testing program as outlined in the temporary shoring wall plans. MSA and GRI will coordinate the inspection, oversight, testing program, and review the inspection schedule proposed by the Contractor's inspection services. The additional budget requested for MSA for this work is $1,590. • Report Review—MSA and GRI will review reports related to the shoring system. These reports include daily site visit reports by Carlson Testing Inc.,verification and proof nail testing results, shotcrete core strength tests, and grout test results. GRI has also reviewed email correspondence between Ground Support PLLC and Cascade NW Inc. to help interpret the daily reports generated by Carlson Testing. The additional budget requested for MSA for this work is $1,000. • Construction Oversight—MSA, PSE, and GRI will provide construction oversight of the shoring system installation. PSE and MSA will continue to review and provide construction oversight associated with impacts and potential modifications to the cast in place concrete wall systems for the pump station and vault. The additional budget requested for this work is $1,000 for MSA and $2,000 for PSE, for a budget of$3,000 GRI will be onsite to intermittently observe soil nail installation and testing. They will provide site visit reports to document observed activities. If necessary, they will provide advice and recommendations to respond to Contractor requests for changes in contract price related to the soil conditions and soil nail installation. The additional requested budget for GRI's services is $14,850. Please see the attached scope of work from GRI. • Additional Reservoir Repairs—While the Contractor was removing the damaged shotcrete on the reservoir walls, it was discovered that portions of the existing corewall and prestressed strands were also in need of repair. MSA and PSE attended additional site visits to diagnose the cause of the spalled corewall on the outside face of the reservoir. PSE generated details for the reservoir shear cans and vents to repair G.PDX Projects OF 0965 4,esers Murchison Contract Amendment 7.16-I1 dot Mr. Rob Murchison July 18, 2011 Page 3 the areas with the damaged, hollow core wall, and they also developed a drawing for the repair of the broken prestressed strand. The repair work was intermittently observed in the field by MSA and PSE. The additional budget requested for this work is $1,500 for MSA and $3,010 for PSE, fora budget of$4,510. • ARRA Submittal Review—Engineer services associated with submittal review relative to the American Recovery and Reinvestment Act (ARRA) funding program. MSA reviewed requirements and updates of Buy American documentation requirements provided by EPA, reviewed submittals relative to the ARRA, and processed invoices depending on whether proper ARRA documentation was received. Many of the submittals have been reviewed multiple times for compliance with ARRA and the reviews are currently ongoing. The additional budget requested for MSA for this work is $7,000. • 122nd Waterline Extension Plan - Ft. McCoy—MSA prepared a waterline extension plan during Construction at the request of the City. If implemented, the construction of this plan would supplement the City's 410-foot service zone with water from the Price Reservoir during the summer months. It would also allow the full storage volume in the City's 1MG Reservoir#4 (Ft. McCoy) to be utilized. The additional budget requested for MSA for this work is $3,000. Based on the above described construction administration services, the additional fees to cover construction administrative services through May 1, 2011, are below: GM $14,850 Murray Smith&Associates, Inc. $19,090 Peterson Structural Engineers $9,010 Total Requested Compensation $42,950 Please review the above and outlined request for additional budget and let us know if you have any questions or comments in this regard. Thank you for your consideration in this regard. Sincerely, MURRAY, SMITH &ASSOCIATES, INC. L-177e4Y/Z s/7/7 Matt L. Hickey, P.E. Principal Engineer MLH:dam G°PDX_Projects•08 0985•Lettas Murchison Contract Amendment 7-18-I I doe City of Tigard II lig FINANCE AND INFORMATION SERVICES TI \otice of Award September 20, 2011 Murray, Smith&Associates, Inc. Engineers/Planners Attn: Matt L. Hickey, P. E. 121 SW Salmon, Suite 900 Portland, Oregon 97204 Dear Mr. Hickey: Enclosed you will find two (2) copies of Amendment#2 between the City of Tigard and Murray, Smith& Associates, Inc. Engineers/Planners for the City of Tigard 10 MG Reservoir Improvements and Transfer Pump Station project. Please sign the two copies and return them to: Attention Joseph Barrett, 13125 SW Hall Blvd.,Tigard, OR 97223. We will return a fully executed copy of the contract to you for your files. The City is looking forward to this opportunity to continue working with your company. If you have any questions please feel free to contact me at either 503-718-2477 or at joseph@tigard-or.gov. Sincerely, /s/ Sandra Seifer for Joseph Barrett Senior Management Analyst Enclosures: (2) 10 MG Reservoir Improvements and Transfer Pump Station Amendment#2 This project is funded with federal funds from the American Recovery and Investment Act through the Safe Drinking Water Revolving Loan Fund II lot CITY OF TIGARD,OREGON * AMENDMENT TO CONTRACT# 9-1079 **y ENGINEERING SERVICES yTT�, AMENDMENT#1 The Agreement between the City of Tigard, a muni '_ .oration of the State of Oregon, hereinafter called City, and Murray Smith & s-soC t s SA), hereinafter called the Engineer, entered into on the eleventh day ,f :Felyz=ua&, 0,0 , is hereby amended as follows: 72847PE 3. ENGINEER'S FEE 4EGON .. A. Basic Fee ``, y r, 0p` 41) 1) As compensation for Basic Services as,-.4k, A. Exhibit 2 of the original Agreement, and for services uired u fillment of Paragraph 1 of the original Agreement, the En ifgl_sha 1 be .aid on an ourly rate based upon the "Schedule of Rates" in Exhibit 2 of the original agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The hourly rates are subject to adjustment after December 31, 2008, not to exceed 5%. The Basic Fee shall not exceed the amount of Six Hundred Fourteen Thousand Seven Hundred Fifty Six and 00/100 Dollars ($614,756.00) without prior written authorization. 27. DUNS AND CCR NUMBERS REQUIRED Upon City request the Engineer shall provide the City with their DUNS and CCR numbers. DUNS and CCR numbers shall also be provided to the City for all sub-contractors on this project. 28. CERTIFICATION REGARDING LOBBYING ACTIVITIES The Engineer shall complete the attached Attachment A, "Certification Regarding Lobbying Activities" and submit to the City along with this signed amendment. 29. WHISTLEBLOWER POSTING Engineer shall post notice of the rights and remedies provided by whistleblowers under Section 1553 off the American Recovery and Investment Act. A copy of the required posting is included to this Amendment as Attachment B to this Amendment and can also be found at http://www.recovery.pov/Contact/ReportFraud/Documents/Whistleblower+Poster.pdf 30. CONFLICT OF INTEREST Engineer shall comply with the Federal and State conflict of interest requirements for public contracts. 31. BUY AMERICAN REQUIREMENT The Engineer acknowledges to and for the benefit of the City of Tigard ("Purchaser") and the State of Oregon (the "State") that it understands the goods and services under this Agreement are being funded with monies made available by the federal American Recovery and Reinvestment Act of 2009 (ARRA) (or are being made available for a project being funded with monies made available by the federal ARRA) and such law contains provisions commonly known as "Buy American" that require all of the iron, steel, and manufactured goods used in the project be produced in the United States ("Buy American Requirements") including iron, steel, and manufactured goods provided by the Contactor pursuant to this Agreement. The Engineer hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Engineer has reviewed and understands the Buy American Requirements, (b) all of the iron, steel, and manufactured goods used in the project will be and/or have been produced in the United States in a manner that complies with the Buy American Requirements, unless a waiver of the requirements is approved, and (c) the Engineer will provide any further verified information, certification or assurance of compliance with this paragraph, or documentation of a waiver and information necessary to support a waiver of the Buy American Requirements, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Engineer shall permit the Purchaser or State to recover as damages against the Engineer any loss, expense or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or the Environmental Protection Agency, as the case may be, or any damages or indemnification owed to the State by the Purchaser). While the Engineer has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Engineer agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. EXHIBIT 3 - SCOPE OF SERVICES Exhibit 3 of the orginal contract shall be amended as follows: "see Attachment C". IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Firm has executed this Amendment upon signature and date listed below. CITY OF TIGA• 1 MURRAY SMITH AN13 ASSOCIATES , Signare Signature a a kth N-eu} � Or7Z. Printed Na e Printed a e Z U � D -f e Pe. Page 2 ATTACHMENT A s ; . CITY OF TIGARD iA ARRA FUNDED CONSTRUCTION PROJECT CERTIFICATION REGARDING LOBBYING ACTIVITIES Project: /0 N l l� RgsE2voli em PROV644E✓TS 4N0 TRANS P . PvM P Sr/I-n. ) Name of Submitting Firm: My rcl<14-Y1 5/it t 1.T HH-- g ASS otl*TTS, .ZNC. The undersigned certifies, to the best of his or her knowledge and belief,that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. C. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Officer's signature: Type or print officer's nam : C! t/ ---t '---> 9 Date: Gam-" / 1j / l_./ Page/ 3 --'' '1:-.1.-_.:.1 Mr:--1.--. • __ _ Kama);Smith&Associates,Inc. Engineels/Plannels 121 S.W.Salmon,Suite 900 Portland,OR 97201.2919 .•PHONE 503.225.9010 : FAX 503.225.9022 08-0985.*** Attachment C February 11, 2010 Mr. Rob Murchison City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97232 Re: City of Tigard- 10 MG Reservoir Improvements and Transfer Pump Station, Contract Amendment Request for Engineering Services Dear Rob: As we discussed,this letter requests additional engineering budget to complete design and bidding phase services for the above referenced project. There were a number of items added during the design phase that have required additional time by MSA and the subconsultant team to complete and there were additional tasks completed at the request of the City. These items are summarized below with the approximate costs for such work. ® Assistance with ARRA Funding-Engineer services associated with assistance relative to the American Recovery and Reinvestment Act (ARRA) funding program will include developing specifications to meet buy American and other requirements and assistance with providing required documentation to meet funding provisions. The additional budget requested for this work is $7,500. ® Temporary Pump Station at the Menlor Reservoir Site-The temporary pump station is needed to provide water supply to the City's 713 pressure zone following removal of the existing transfer pump station. Removal of the existing pump station during construction of the new station will significantly improve constructability of the new transfer pump station, simplify construction sequencing and improve overall project scheduling. Additional engineering associated with designs of the temporary pump station includes preparing plans, specifications and cost estimates for a package pump station housed in a prefabricated building, electrical designs for a new 3 phase service from SW Barrows road to the new temporary pump station site. It is anticipated that SCADA system design and integration will be completed by the City's system integrator, PEI. The requested engineering fees associated with design of the temporary pump station are$12,500. 0,-..i CELE R�TI�NG 2010 Mr. Rob Murchison February 11,2010 • Page 2 X POE Undergrounding in SW Bull Mountain Road-Asper the City's request, the existing overhead lines are to be undergrounded as part of the site improvements to the 10 MG reservoir site. Engineering to underground the existing facilities includes additional surveying on SW Bull Mountain Road east of SW Hazeltree Street and on SW 126th Avenue to include the additional areas where undergrounding will occur. Undergrounding designs will also include representing PGE designs on surveyed base mapping for the site and integration of the POE facilities with the facilities for the proposed pump station. The additional requested engineering fees associated with designs for undergrounding the POE facilities are approximately$11_,000. ® Reservoir Lining-As per the City's request the existing 10 MG reservoir will be relined to reduce water loss and extend the life of the structure. It is anticipated that • the lining will be a sprayed on liner that coats the floor and few feet up on the walls and columns. The anticipated engineering design fees associated with this task are approximately$7,500. I Reservoir Valve Vault Replacement--It was originally anticipated that piping connections between the proposed pump station and the existing the subsurface vault • north of the reservoir could be completed by excavating adjacent to the vault, coring • through the vault and completing piping connections. Once preliminary designs•were completed and the location of the proposed pump station was established,it was determined that the reservoir inlet and outlet piping needed to be modified to accommodate the piping connections and it was found that certain isolation valves in the vault were no longer functioning. To replace such valves andpiping would have • required removal of the top of the vault and large holes Out in the walls of the vault. Also,the City desired improved access to the vault._ Based these factors it was determined that it would be most cost efficient to replace the piping and the vault structure: The additional design work associated with vault improvements includes • structural designs,piping and Mechanical designs and access and vault layout designs. The additional costs associated with this design work are approximately$.17,000. ® Environmental Information Document-This report was prepared per the City's request and submitted to the Oregon Department ofI3uman Services for approval in support of the City's funding application through the Drinking Water State Revolving • Loan Fund progrann. The purpose of the report is to present the potential environmental impacts of constructing a new transfer.purnp station and reservoir improvements for the City. The project received a public notice for a categorical exclusion and was excluded from further environmental review, The notice was published in the Tigard Times and the Oregonian. The additional costs associated with this work are approximately$6;000. X Bidding Services-MSA responded daily to questions from bidders:,contractors, subcontractors, suppliers, and other vendors throughout the bidding phase. Due to the current economic conditions, the interest in the project was significantly higher than originally anticipated and higher than normal for this type of project,and the time PUX-FIt.EVrojecis•03•090 letters Murchison Cnotrnet AMcndmcni 241-IO.doc Mr. Rob Murchison February 11, 2010 Page 3 spent responding to phone calls and emails received during the bidding phase exceeded the original anticipated effort. MSA promptly responded to all questions and prepared addenda as required. Additional work also included review of a high number of requests for prequalification and time to respond to several bidders that were unusually aggressive regarding obtaining qualification due to the slow economy. Prequalifications were for specialty experience associated with deep excavations, vertical turbine pumps, and reservoir coating systems. During the bidding process, due to comments from some of the bidders, contractor qualification for shoring suppliers and installers was added and required to be submitted with the bids. The qualification process was included in the project bidding such that the City would only accept bids from contractors with the needed experience to successfully complete the improvements. The additional costs associated with this work are approximately $12,000. Based on the above described engineering services,the additional fees suggested to complete designs for the reservoir and pump station project are$73,500. Please review the above and outlined request for additional budget and let us know if you have any questions or comments in this regard. Thank you for your consideration in this regard. Sincerely, MURRAY, SMITH &ASSOCIATES, INC. e. Matt L. Hickey, P.E. Principal Engineer MLH:dam p)X-FILE 4rojects OS 0905 4nrrs Murcluson CaMran Amendnxni 2.11-10 dnc