HomeMy Public PortalAboutAddendum No, 1 - Contract No. 126-2015 - Commonweath Engineers - CSO WO5 & WO6 SepartationADDENDUM NO. 1 ORIGINAL
to CONTRACT NO. 126-2015
THIS ADDENDUM, Addendum No. 1 to Contract No. 126-2015, is made and entered into
this C- day of December, 2017, by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Sanitary Commissioners of the Richmond Sanitary
District and its Board of Storm Water Management, with its office at 50 North 51h Street, Richmond,
Indiana, 47374 (hereinafter referred to as "City"), and Commonwealth Engineers, Inc. 7256
Company Drive, Indianapolis, Indiana 46237 (hereinafter referred to as "Contractor").
WHEREAS, City and Contractor entered into Contract No. 126-2015 on November 25, 2015, in
which the Contractor was to complete evaluation and engineering design related to
CSO 005 and 006 Basins Sewer Separation Evaluation and Design Project; and
WHEREAS, Contractor has provided City with evaluation and engineering design related to one of
the two aspects of the CSO 005 006 Basins Sewer Separation Evaluation and Design
Project, with the one aspect of the Project already designed and bid. An amendment
to Contract 126-2015 is needed to assist City with additional permits, bidding
assistance and construction engineering assistance for the CSO 005 and 006 Basins
Sewer Separation Evaluation and Design Project. The request for additional permits
accounts for unforeseen effort associated with dividing this Project into two aspects.
The second aspect of the Project, an inline wet weather storage facility, is in final
design. As design progressed and a final solution was chosen, a final engineering
services scope has been able to be determined for the second aspect of the Project, as
set forth in a letter dated October 18, 2017, from Brain Desharnais, PhD, P.E. of
Contractor, with said letter attached hereto and incorporated herein by reference as
Exhibit "A". An amendment to the original contract is required to add the additional
final scope and fee to the contract; and
WHEREAS, City and Contractor agree to amend Contract No. 126-2015 to clarify that Contractor
will be adding final engineering services of scope and design to the second aspect of
the Project related to the CSO 005 and 006 Basins Sewer Separation Evaluation and
Design Project in an amount not to exceed Sixty -Three Thousand Two Hundred
Fifty -Four Dollars and No Cents ($, 63,254.00), but with all other terms and
covenants of Contract No. 126-2015 remaining intact and unchanged.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
including the above stated recitals, City and Contractor agree as follows:
Addendum No. 1 to Contract No. 126-2015
The City and Contractor executed and entered into Contract No. 126-2015, on
November 25, 2015, Pursuant to Contract No. 126-2015, Section XI
(Miscellaneous), Contract No. 126-2015 may be altered or amended in whole or in
part at any time by filing with the Agreement a written instrument setting forth such
changes and signed by both parties.
Section I. STATEMENT AND SUBJECT OF WORK shall be amended with the
following language:
Contract 126-2015 provides that Contractor shall provide professional engineering
services with regard to City's CSO 005 and 006 basins sewer separation evaluation
and design project. Further, Contractor shall abide by the terms and conditions set
forth in a Proposal of Contractor dated October 30, 2015, which was attached to
Contract 126-2015 and incorporated by reference therein as Exhibit "A".
Contractor has provided City with evaluation and engineering design related to one of
the two aspects of the CSO 005 006 Basins Sewer Separation Evaluation and Design
Project, with the one aspect of the Project already designed and bid. City and
Contractor now agree that an amendment to Contract 126-2015 is needed to assist
City with additional permits, bidding assistance and construction engineering
assistance for the CSO 005 and 006 Basins Sewer Separation Evaluation and Design
Project. The request for additional permits accounts for unforeseen effort associated
with dividing this Project into two aspects. The second aspect of the Project, an
inline wet weather storage facility, is in final design. As design progressed and a
final solution was chosen, a final engineering services scope has been able to be
determined for the second aspect of the Project, as set forth in a letter dated October
18, 2017, from Brain Desharnais, PhD, P.E. of Contractor, with said letter attached
hereto and incorporated herein by reference as Exhibit "A".
Should any provisions, terms, or conditions contained in any of the documents
attached hereto as Exhibits, or in any of the documents incorporated by reference
herein, conflict with any of the provisions, terms, or conditions of this Agreement,
this Agreement shall be controlling.
Contractor shall furnish all labor, material, equipment, and services necessary for the
proper completion of all work specified.
Section III. Compensation, is deleted in its entirety and amended to read in full as
follows:
City shall pay Contractor fees as set forth in Exhibit "A" in an additional amount of
Sixty -Three Thousand Two Hundred Fifty -Four Dollars ($63,254.00) through this
Amendment No. I to Contract No.126-2015 , resulting in a total amount of Two
Hundred Eighty -Eight Thousand Four Hundred Twenty -One Dollars ($288,421) paid
to Contractor pursuant to Contract 126-2015 and Amendment No. I to Contract No.
126-2015.
4. Both City and Contractor acknowledge and agree that, other than what is set forth
above in paragraphs 2 & 3 above, the remainder of the terms, conditions and
covenants in Contract No. 126-2015 shall remain intact and unchanged and shall
continue to be in full force and effect.
5. Both parties agree that any person executing this Addendum No. 1 to Contract No.
126-2015 in a representative capacity warrants that he or she has been duly
authorized by his or her principal to execute this Addendum No. 1 to Contract 126-
2015.
IN WITNESS WHEREOF, this Addendum No. I to Contract No. 126-2015 is executed and
approved by the undersigned representatives of the City and Contractor this day of December,
2017.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of S to Commissioners
By:
ue Miller, President
Baks Ice President
e4GAregins, Member
Dated:
The City of Richmond, Indiana, by and through its
Storm Water Management Board
s, President
JUC 1V1111cl, w1G111UO1
Dated:
APPROVED:
avi Snow,
Dated: Z O 6_
"CONTRACTOR"
COMMONWEALTH ENGINEERS, INC.
By: t11s1 nu^
Printed: Brian Desharnais
Title: Vice -President
Dated: 12 %
COMMOIWEALTH"
ENGINEERS, INC.
A wealth of resources to master a common goal.
October 18, 2017
Mr. Elijah W. Welch, P.E.
District Engineer
Richmond Sanitary District
City of Richmond
2380 Liberty Avenue
Richmond, Indiana 47374
RE: Amendment #1 to Contract Number 126-2015
Additional Permits, Bidding Assistance, and Construction Engineering Assistance
CSO 005 & 006 Basins Sewer Separation Evaluation and Design Project
Dear Mr. Welch:
For your consideration, Commonwealth Engineers, Inc. requests an amendment of $63,254 to assist the
District with additional permits, bidding assistance, and construction engineering assistance for the CSO 005
& 006 Basins Sewer Separation Evaluation and Design Project. The request for additional permits accounts
for unforeseen effort associated with dividing this project into two (2) deliverables. The following is a
breakdown of costs.
o Professional Service Agreement 126-2015 dated1l/25/15
Field Work, Preliminary Engineering,
Final Design, Permits & Geotechnical Services $ 225,167
o Amendment #1 to Contract 53-2015
Additional Permits (Rule 5 and IDEM Permits) $ 9,160
Bidding Assistance $ 26,996
Construction Engineering Assistance $ 27,098
Total Project Costs Including this Amendment $ 288,421
The scope associated with Amendment #1 is described in Appendix A to this letter. For purposes of this
Amendment, it is assumed that the Contractor will proceed on a standard hourly, reimbursable expense, and
sub -consultant +15% administrative basis in accordance with Contract Number 126-2015. Except to the
extent modified herein, all terms and conditions of the Professional Services Agreement shall continue in full
force and effect.
Thank you for your consideration.
Sincerely,
COMMONWEALTH ENGINEERS, INC.
hQja-la"
Brian Desharnais, Ph.D., P.E.
Enclosure: Appendix A
7256 Company Drive
Indianapolis, Indiana 46237
(317)888-1177
FAX (317) 887-8641
EXHIBITS- Page 1 of 2
Appendix A
Additional Permits
1) Prepare and submit additional Rule 5 and IDEM permits due to dividing project into two (2)
deliverables.
Bidding Assistance
1) Assist the OWNER Staff in responding to Contractors' questions.
2) Prepare and certify addendums.
3) Prepare and lead a pre -bid meeting and prepare minutes of the meeting.
4) Assist the OWNER Staff in reviewing the bids as well as evaluate and certify the bid tabulation for
the Project.
Construction Engineering Assistance
The ENGINEER shall assist the OWNER during the construction of this Project. It is assumed that
the OWNER (a) will provide on -site resident project representatives (RPR) services, (b) will take lead
on reviewing most record drawings and requests for information, and (c) will review and recommend
the Contractor's quantities and pay requests. The ENGINEER shall perform the following activities
on an OWNER defined as -needed basis:
1) Prepare for and attend the pre -construction meeting.
2) Assist OWNER with reviewing select shop drawings, select request for information, and select
change orders. Answer engineering related questions as they pertain to the plan and
specifications throughout the construction of the Project.
3) Attend up to two (2) on -site meetings.
EXHIBIT'B' - Page 2 of 2