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HomeMy Public PortalAbout196-2022 - Sanitation - Commonwealth Engineers - Roundbarn Road AGREEMENT THIS AGREEMENT made and entered into this 141 day of b /►1 w ,2022,and referred to as Contract No. 196-2022 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners(referred to as the"City"), and Commonwealth Engineers, Inc., 7256 Company Drive, Indianapolis, IN 46237 (hereinafter referred to as the"Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for the work described on Exhibit "A" attached hereto, which is Contractor's proposal to the work described herein,with such work generally being related to the Round Barn Interceptor Improvements, which includes the component entitled"Project B"shown in Figure 1 of Exhibit "A". These services shall consist of professional engineering services associated with the scope of services set forth within Exhibit "A"; however, shall exclude construction engineering services. Contractor shall serve as City's professional representative for the Project,and provide professional engineering consultation and advice,furnish civil engineering services and other customary services incidental thereto. Should any provisions,terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or conditions of this Agreement,this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. Contractor shall submit statements or bills monthly. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with I.C. § 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide,at its own expense,competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor at the rates indicated in Exhibit "A". Specifically, City shall not be required to exceed paying the sum of Seven Hundred Ninety Thousand Eight Hundred Seventy- Four Dollars and 00/100($790,874;4499.00)for the total project cost. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part,for cause, at any time by giving at least thirty(30)days written notice specifying the effective date and the reasons for termination which shall include but are not be limited to the following: 1 I Page a. failure,for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report,other work product,or advice,whether oral or written,by the Contractor to the City that is incorrect, incomplete,or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination,the portion to be terminated. This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty(30) days written notice to the other party. In the event of termination of this Agreement, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City,its officers, agents,or employees. Contractor shall as a prerequisite to this Agreement,purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation& Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability ---------------- --- - ------------------------2 I Page Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors &Omissions Insurance $1,000,000 each occurrence $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property,the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section,then pursuant to IC 22-5- 1.7-13 (c)the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event Board determines during the course of this Agreement that this certification is no longer valid,Board shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor,the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board determines during the course of this 3 I Page Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,the Board reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety(90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire,tenure,terms,conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1,the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub-contractor, shall not discriminate by reason of race,religion,color,sex,national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or any sub-contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race,religion, color,sex,national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire - — 4 I Page Agreement between the parties, although it 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 signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement,Contractor is estopped from bringing suit or any other action in any alternative forum,venue,or in front of any other tribunal,court,or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises,this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. [Remainder of this Page Intentionally Left Blank. Signatures to Follow on Page Six] -- -- 5 I Page "CITY" "CONTRACTOR" The City of Richmond, Indiana, by and Commonwealth Engineers, Inc. through its Board of Sanitary Commissio s By. [lr� e filler, President (Printed):BR i AN In. bh'31-ili/2 NAV Dated: ��- Title: v 1(e- 7' E I bEN7 Aman Bakshi, Vice President Dated: ja /►� o�o�d2 Dated: G g Ste' , Member Dated: /,2 - i Y / �' APPROVED: • . Sno Dated: Z ►S ZoZ2 — --- ----------- 6 I Page I' �__i, COMMONWEALTH' E/0!Wm Limon NC. A wealth!re sources to master a goal. August 1, 2022 Mr. Elijah D.Welch, P.E. District Engineer Richmond Sanitary District City of Richmond 2380 Liberty Avenue Richmond, Indiana 47374 RE: Round Barn Interceptor Improvements Project Final Design, Field Work, Permitting,Bidding,and Construction Engineering Services Dear Mr.Welch: Based on our attached anticipated scope of services, Commonwealth Engineers (CEI) has prepared a fee estimate for your review and use for the Round Barn Interceptor Improvements Project. The proposed scope of services and fee estimate have been assembled assuming CEI provides final design, field work, permitting, bidding, and construction engineering services for the project with the assistance of the specialized sub-consultant, SME for geotechnical engineering services. Commonwealth has a successful, long-standing partnership with SME. The Project involves approximately 3,200-LF of 48-inch gravity sewer to increase the capacity of the downstream portion of the Round Barn Interceptor to remain compliant with the Richmond Sanitary District's Combined Sewer Overflow (CSO) Long Term Control Plan (LTCP). A significant portion of the sewer will be very deep requiring specialized geotechnical design, whereby it is anticipated that approximately% of the sewer construction will be trenchless tunneling and%will be open cut. CEI has estimated a total project cost of$900,508 based upon our man-hour projections and anticipated project costs. The following is a breakdown of the estimated fees for your consideration. Final Design $560,951 (Lump Sum) Field Work& Easement Descriptions $ 153,313 (Hourly) Permits $ 13,044 (Lump Sum) Bidding& Negotiating $43,566 (Hourly) Construction Engineering $ 109,634 (Hourly) Owner Authorized Allowance $ 20,000 (Hourly) Total Project Cost $900,508 To provide assurance that the proposed fees align with industry standards in the field of water and wastewater engineering, below are several checks. • Typical engineering design fees (excluding permits, field work, bidding, construction engineering, and inspection) range from 6 to 10% of the construction cost estimate. Below is a summary of the construction cost estimates followed by the calculation for the design fee percentage. o Construction Cost Estimate=$8,708,300 o Design Fee Percentage=(100)($560,951)/($8,708,300)=6.44% EXHIBIT'A'PAGE 1 of 16 • Typical construction engineering design fees range from 1 to 5% of the construction cost estimate depending on the complexity of the project and amount of work that the Owner is willing to take on during construction. Similar to past projects, it is assumed that the District (a) will provide on-site resident project representatives (RPR) services, (b) will take lead on reviewing less complex submittals and requests for information, and (c) will review and recommend the Contractor's quantities and pay requests. Below is a summary of the construction cost estimate followed by the calculation for the construction engineering fee percentage. o Construction Cost Estimate $8,708,300 o Construction Engineering Fee Percent=(100)($109,634)/($8,708,300)=1.26% • Geotechnical field work,surveying filed work, and permits vary based on the nature of each project. Thank you for giving us this opportunity to continue our professional relationship with the Richmond Sanitary District. Should you have any questions, please do not hesitate to call me at(260)494-3223. Sincerely, COMMONWEALTH ENGINEERS,INC. Brian Desharnais, Ph.D., P.E. bdesharnais@contactcei.com Enclosures: Project Description, Scope of Services, Schedule, Fee Summary/Clarifications, and Itemized Fee Breakdown EXHIBIT'A'PAGE 2 of 16 PART 1 Project Description, Scope of Services, and Schedule Round Barn Interceptor Improvements Project Richmond Sanitary District GENERAL: Commonwealth Engineers, Inc. (ENGINEER) shall provide the Richmond Sanitary District (OWNER) with professional engineering services to which this scope of services applies. These services include serving as the District's professional representative for the Project, providing professional engineering consultation and advice, furnishing civil engineering services, and other customary services incidental thereto. PROJECT DESCRIPTION: The following scope of services has been assembled assuming ENGINEER provides final design, field work, easement descriptions, permits, bidding / negotiating, and construction engineering for the Round Barn Interceptor Improvements, which includes the component entitled "Project B" shown in Figure 1. The project consists of approximately 3,200-LF of 48-inch gravity sewer to increase the capacity of the downstream portion of the Round Barn Interceptor to remain compliant with the Richmond Sanitary District's CSO LTCP. A significant portion of the sewer will be very deep requiring specialized geotechnical design, whereby it is anticipated that approximately % of the sewer construction will be trenchless tunneling and %will be open cut. SCOPE OF SERVICES: 1.0 Meetings, Project Management and Quality Assurance/Quality Control 1.1 Kickoff Meeting: Prepare for and hold kickoff meeting with the OWNER to confirm scope, work plan, lines of communication, and schedule. The kickoff meeting will be held during the data collection phase of the project. Prepare and distribute meeting notes. 1.2 50% Design Meeting: Prepare for and conduct the 50% Design Meeting with the OWNER. Prepare and distribute meeting notes. Perform a field verification review after the 50% submittal to make sure field items are properly shown on the drawings or included in the specifications. 1.3 95% Design Meeting: Prepare for and conduct the 95% Design Meeting with the OWNER. Prepare and distribute meeting notes. Perform a field verification review after the 95% submittal to make sure field items are properly shown on the drawings or included in the specifications. 1.4 Virtual Meetings: Prepare for and conduct up to four (4) Virtual Meetings with the OWNER. Prepare and distribute meeting notes. 1.5 Protect Management: Project management including general correspondence, general coordination with the design / field work / subconsultant team, invoicing, scheduling, and budget maintenance. 1.6 50% Submittal QA/QC: Perform QA/QC on 50% submittal. 8/1/2022 Commonwealth Engineers Inc. EXHIBIT'A'PAGE 3 of 16 1.7 90% Submittal QA/QC: Perform QA/QC on 90% submittal. 1.8 Final Submittal QA/QC: Perform QA/QC on Final submittal. 2.0 50% Design 2.1 Basis of Design Technical Memorandum: Assemble a basis of design for the collection system improvements. Perform design-level hydraulic, structural, geotechnical, and other design computations required for new pipes, trenchless design, and structure modifications. Confirm route and ensure that future collection system improvements are compatible from a connectivity / constructability standpoint. Perform analyses and recommendations on sewer materials. 2.2 50% Drawings: Prepare 50% design drawings. The Drawings will generally include (estimated): Sheets Title Sheet 1 Drawing Index 1 General Location Map 1 General Abbreviations, Symbols, Legends, and Notes 1 General Location Plan and Survey Control 3 Existing and New Structure Data Tables 1 Demolition and Restoration Plan 10 Utility Plan & Profile 12 Structure Details 6 Access Drive Plan 5 Access Drive Cross Section 5 Erosion Control Plan 6 Geotechnical Design 10 Miscellaneous Details 8 TOTAL 70 2.3 50% Contract Book: Prepare 50% contract book, which includes technical specifications. Standards and material-type specifications used by the OWNER will be incorporated in the technical specifications. 2.4 50% Bid Form and Cost Estimate: Prepare a bid form and 50% design cost estimate. 2.5 50% Submittal Assembly: Submit the following to OWNER: • Geotechnical Report (PDF and 4 hard copies) • Basis of Design Technical Memorandum (PDF and 4 hard copies) • 50% Full-Size 22"x34" and Half Size 11"x17" Drawings (PDF and 1 full-size and 4 half-size hard copies) • 50% Contract Book (PDF and 4 hard copies) • 50% Bid Form and Cost Estimate (PDF and 4 hard copies) 3.0 90% Design 8/1/2022 Commonwealth Engineers Inc. EXHIBIT'A'PAGE 4 of 16 3.1 90% Drawings: Prepare 90% design drawings. 3.2 90% Contract Book: Prepare 90% contract book, which includes technical specifications. 3.3 90% Bid Form and Cost Estimate: Prepare a bid form and 90% design cost estimate. 3.4 90% Submittal Assembly: Submit the following to OWNER: • 90% Full-Size 22"x34" and Half Size 11"x17" Drawings (PDF and 1 full-size and 4 half-size hard copies) • 90% Contract Book (PDF and 4 hard copies) • 90% Bid Form and Cost Estimate (PDF and 4 hard copies) 4.0 Final Design 4.1 Final Drawings: Prepare Final design drawings. 4.2 Final Contract Book: Prepare Final contract book, which includes technical specifications. 4.3 Final Bid Form and Cost Estimate: Prepare a bid form and Final design cost estimate. 4.4 Final Submittal Assembly: Finalize the drawings for bidding. The final bidding documents will be signed and sealed by the registered Professional Engineer in the State of Indiana. Final deliverable includes the following: • Final Certified Full-Size.22"x34"and Half Size 11"x17" Drawings (PDF and 1 full-size and 4 half-size hard copies) • Final Certified Contract Book (PDF and 4 hard copies) 5.0 Field Work& Easement Descriptions 5.1 Geotechnical Field Work: Perform geotechnical investigation and assemble report for the collection system improvements. It is anticipated that up to 10 bores will be performed ranging in depth from 15 to 75 feet. 5.2 Field Surveying: Supplement existing field survey data as required to define topography and surface features: including baselines, horizontal and vertical locations of underground utilities as provided by the utility companies, apparent property and lot lines based on the Richmond Geographic Information System. Tie the proposed Project layout into existing coordinate systems and vertical monuments. Finalize files for CAD designers. 5.3 Easement Descriptions: Prepare up to 10 easement descriptions (permanent or temporary). 6.0 Permits 6.1 IDEM Construction Permit: Prepare and submit IDEM Construction Permit. 8/1/2022 Commonwealth Engineers Inc. EXHIBIT'A'PAGE 5 of 16 6.2 SWPP & Indiana General Erosion Control Permit: Prepare and submit Erosion Control Permit and Stormwater Pollution Prevention Plan (SWPP). 7.0 Bidding & Negotiating 7.1 Pre-Bid Meeting: Prepare and lead a pre-bid meeting and prepare meeting notes. 7.2 Contractor Questions and Addendums: Respond to Contractors' questions and prepare and certify addendums. 7.3 Certified Bid Tabulation: Review and evaluate the bids and certify the bid tabulation. 8.0 Construction Engineering 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 simpler submittals 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: 8.1 Pre-Construction Meeting: Prepare for and attend the pre-construction meeting. 8.2 Construction Engineering Assistance: Assist OWNER with reviewing select record drawings, request for information, and change orders. Answer engineering related questions as they pertain to the plan and specifications throughout the construction of the Project. Site visits as needed. 9.0 Owner Authorized Allowance 9.1 Owner Authorized Allowance: For additional work authorized by the OWNER and beyond the above scope of work, such as the optional additional services listed below. OPTIONAL ADDITIONAL SERVICES (Not included in proposed fee): Upon separate written authorization by OWNER and after approval of negotiated fees, ENGINEER can provide additional service such as those listed below. • Issue the project in multiple phases. • Additional permitting beyond the scoped permits. • Additional bidding and construction engineering beyond the hourly budget. • Contaminated soil testing and /or groundwater monitoring. • Subsurface utility engineering. • Wetland delineation and tree inventory survey. • Wetland mitigation and/or restoration plans. 8/1/2022 Commonwealth Engineers Inc. EXHIBIT'A'PAGE 6 of 16 • Phase I environmental assessment. • Additional workshops, meetings, or site visits. • Conformed to contract drawings. • Record drawings. • Resident project representative inspection. • Post construction monitoring. • Green/sustainable infrastructure design. • Regulatory coordination beyond the scope, such as CSO LTCP updates and coordination with IDEM. • Wage monitoring of contractor during construction. • Archaeological investigation and monitoring. 8/1/2022 Commonwealth Engineers Inc. EXHIBIT'A'PAGE 7 of 16 ESTIMATED SCHEDULE: The Project will be completed under the tentative milestones shown below. This tentative schedule is based on receiving a Notice to Proceed in September 2022 and receiving prompt review and approvals from the OWNER. ITEM TENTATIVE DATE Kickoff Workshop September 2022 Surveying and Geotechnical Field Work September— December 2022 50% Design Services September— February 2023 50% Review Workshop March 2023 95% Design Services & Easement Descriptions March—July 2023 95% Design Review Workshop August 2023 Final Detailed Design Services and Permitting August—December 2023 Bidding Phase January—February 2024 Contract Award March 2024 Construction Engineering Phase April 2024—March 2025 8/1/2022 Commonwealth Engineers Inc. EXHIBIT'A PAGE 8 of 16 PART 2 Fee Summary and Clarifications Round Barn Interceptor Improvements Richmond Sanitary District FEE SUMMARY: TASK FEE Final Design (Tasks 1 —4) $ 560,951 (Lump Sum) Field Work& Easement Descriptions (Task 5) $ 153,313 (Hourly) Permits (Task 6) $ 13,044 (Lump Sum) Bidding & Negotiating(Task 7) $ 43,566 (Hourly) Construction Engineering (Task 8) $ 109,634 (Hourly) Owner Authorized Allowance (Task 9) $ 20,000 (Hourly) Grand Total $ 900,508 FEE CLARIFICATIONS: The following clarifications pertain to the fee structure (i.e. lump sum or hourly) for scope items described above in Part 1. 1.0 Lump Sum - Clarifications 1.1 ENGINEER may alter the distribution of compensation between individual tasks noted herein to be consistent with services actually rendered but shall not exceed the total Lump Sum amount unless approved in writing by the OWNER. 1.2 The Lump Sum includes compensation for ENGINEER's services and services of ENGINEER's Sub-Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 1.3 The portion of the Lump Sum amount billed for ENGINEER's services will be based upon ENGINEER's estimate of the percentage of the total services actually completed during the billing period. 2.0 Standard Hourly Rates -Clarifications 2.1 ENGINEER may alter the distribution of compensation between individual tasks of the work noted herein to be consistent with services actually rendered but shall not exceed the total estimated compensation amount unless approved in writing by OWNER. 2.2 The total estimated compensation for ENGINEER's services included in the breakdown by tasks incorporates all labor, overhead, profit, Reimbursable Expenses and ENGINEER's Sub-Consultants' charges. 2.3 The amounts billed for ENGINEER's services will be based on the cumulative hours charged to the Project during the billing period by each class of ENGINEER's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable 8/1/2022 Commonwealth Engineers Inc. EXHIBIT'A PAGE 9 of 16 Expenses and ENGINEER's Sub-Consultants' charges. Standard Hourly Rates are subject to change on July 1 of each year. 3.0 Additional Services -Clarifications 3.1 Additional service provided by ENGINEER can be provided based on the Standard Hourly Rates listed in Part 2, 4.0. Standard Hourly Rates are subject to change on July 1 of each year. 8/1/2022 Commonwealth Engineers Inc. EXHIBIT'A'PAGE 10 of 16 4.0 Employee Billing Rate Schedule COMMONWEALTH ENGINEERS, INC. STANDARD HOURLY RATES AND REIMBURSABLE EXPENSES SCHEDULE July 1,2022-June 30,2023 Billing Class Rate Per Hour Billing Class Rate Per Hour Principal III $ 112.20 Environmental Compliance Manager $ 55.29 Principal II $ 102.94 Compliance Specialist $ 30.94 Principal I $ 94.10 Environmental Scientist $ 30.94 Project Manager IV $ 93.13 Construction Manager $ 57.70 Project Manager III $ .87.13 Project Manager II $ 71.06 Resident Project Representative IV $ 45.99 Project Manager I $ 63.97 Resident Project Representative III $ 38.83 Resident Project Representative II $ 35.04 Senior Electrical Engineer $ 87.13 Resident Project Representative I $ 31.25 Senior Process Engineer S. 76.46 Clerical III $ 37.88 Clerical II $ 29.22 Project Engineer IV $ 72.35 Clerical I $ 21.43 Project Engineer III $ 57.98 Project Engineer II $ 54.64 Reproduction Processor $ 26.79 Project Engineer I $ 50.67 Trainee $ 20.82 Engineering Intern III $ 45.04 Engineering Intern II $ 42.36 CADD Specialist IV $ 44.07 Engineering Intern I $ 38.20 CADD Specialist III $ 40.03 CADD Specialist II $ 34.23 CADD Specialist I $ 27.41 Designer IV $. 55.39 Designer Ill $ 50.83 Chief Technology Officer $ 63.38 Designer II . $ 46.34 IT Tech $ 30.59 Designer I $ 37.40 Multimedia Coordinator .$ 50.40 Survey Manager $ 60.00 Operations Specialist $ 45.30 Surveyor $ 47.25 Project Surveyor $ 42.10 Grants Manager $ 57.67 Field Technician $ 36.12 In order to arrive at the total billing rate, the above direct payroll rates shall be multiplied by factors of 44.3119%and 96.4286%to account for payroll and general overhead costs respectively. In addition,a 15% profit level is then added to arrive at total labor costs. This is a total multiplier factor of 3.2599 times direct payroll rates. Reimbursable Expenses 1. Travel: Starts at the office and shall be at the then approved rate by the U.S. Internal Revenue Service. 2. Subsistence and Lodging: Actual Cost 3. Express Charges and Postage,other than first class mail: Actual Cost. 4. Paper Prints: $0.75 per square foot 5. Special Tests and Services of Special Consultants (not used without specific written consent of Owner): Actual Costs,plus 15%profit. It is agreed that the Owner will make payment of each invoice presented by Commonwealth within thirty(30) days from the date of the invoice. Payments received after this time shall be subject to an interest charge of 1%per month: 8/1/2022 Commonwealth Engineers Inc. EXHIBIT'A'PAGE 11 of 16 , 7 77,4. 10, e )--,: n.r_P ., -A i. - - ; • ,...,. ,,.. 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