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Home My Public Portal AboutAddendum No. 1 to Contract No. 196-2010 - Stormwater - GAI ConsADDENDUM THIS ADDE UM, ( umber 1 to Contract No. 196-2010) is made and entered into this day of _, 2013, by and between Richmond, Indiana, a municipal corporation acting through its Board of Stormwater Management (hereinafter referred to as "City"), and GAI Consultants, Inc., 1502 Magnavox Way, Fort Wayne, Indiana, 46804 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 196-2010 on December 16, 2010; and WHEREAS, City wishes to continue to retain Contractor to provide professional engineering services for the Richmond Stormwater Department for the 2013 calendar year pursuant to Section IV (Term of Agreement) and in accordance with the scope of Contract No. 196-2010. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor hereby agree as follows: 1. The City and Contractor executed and entered into Contract No. 196-2010, on December 16, 2010. Pursuant to Contract No. 196-2010, Section IV Term of Agreement, the City has an option to renew the Agreement for the 2013 calendar year, which option is exercised pursuant to this Addendum. Contractor shall continue to provide professional engineering services as identified within Contract No. 196- 2010 for the 2013 calendar year. Such services shall be performed in a manner consistent with Contract No. 196-2010, which is hereby incorporated by reference and made a part hereof. 2. Contractor has provided its 2013 Corporate hourly rate schedule reflecting its fee increases to be effective for the above -described services in connection with Contract No. 196-2010. Said proposal is attached hereto as Exhibit B and incorporated by reference. Contractor agrees to abide by the same. 3. City and Contractor expressly agree that the City shall have an option to renew the Agreement for a final calendar year, as contained in Contract No. 196-2010, upon the same terms and conditions therein, for the calendar year 2014. 4. City and Contractor expressly agree that all other terms, conditions, and covenants contained in Contract No. 196-2010, shall be applicable to the work performed pursuant to this Addendum, unless such term, condition or covenant conflicts with this Addendum Number 1, in which case this Addendum Number 1 shall be controlling. Addendum No. 1 to Contract No. 196-2010 Page 1 of 3 5. Both parties agree that in accordance with Indiana Code 22-5-1.7-1 et seq., all service contracts entered into or renewed after June 30, 2011, must include the Indiana E- Verify Program Requirements, which requirements are set forth and incorporated into Contract Number 196-2010 as follows: SECTION IX. 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. 6. Both parties agree that in accordance with Indiana Code 5-22-I6.5-I et seq., contracts with municipal units entered into or renewed after June 30, 2012, must include the Iran Investment Activities certification, which certification is set forth and incorporated into Contract Number 196-2010 as follows: SECTION X. 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 City determines during the course of this Agreement that this certification is no longer valid, City 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 City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this 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 City reserves the right to consider ibe Contractor to be in Page 2 of 3 breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 7. Contractor agrees that no work shall commence until the City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5- 1.7-11(a)(2). 8. Both parties hereby agree that with the exception of the extension of the contract date of termination pursuant to the exercise of the option to renew the contract for the 2013 calendar year, the update of the corporate hourly rate schedule, and the addition of the E- Verify Program Requirements and the Iran Investment Activities Certification, Contract No.196-2010 shall remain intact and unchanged and in full force and effect. 9. Both parties agree that any person executing this Contract in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Addendum. IN WITNESS WHEREOF, this Addendum is executed and approved by the undersigned representatives of the City and Contractor this 91� , day of MA2 C- H , 2013 "CITY" THE CITY OF RICHMOND, INDIANA by and through its Storm Water Management Board By. A�y�CD�'IUl' tep anie frays- ussoni, President APPROVED. Sarah L. Hutton, Mayor Date: O��! "CONTRACTOR" GAI CONSULTANTS 1502 Magnavox Way Fort Wayne, IN 46804 By: u• Title: Date: T' Page 3 of 3 EXHIBIT PAGE OEZI Exhibit B gall consultants transforming ideas into reality;,, 2013 Corporate Hourly Rate Schedule - CV fj Category Contracts Any changes in hourly rates to reflect increases in cost of living, taxes, benefits, etc. will take effect on January 2, 2014. The use of "Engineer" in the titles in the Hourly Rate Schedule applies to professional engineers, geologists, and surveyors. For rate purposes only, the Category also includes other staff members educated and/or trained as engineers, geologists, surveyors, environmental specialists, archaeologists, economists, planners, and others. Category Descriptive Invoice Rate: E10 Principals, Senior Engineering Directors, Senior Directors, Senior Project Directors $ 215.00 E09 Engineering Directors, Directors, Project Directors $ 195.00 EQ8 Assistant Directors, Senior Managers, Senior Technical Managers, Senior Engineering Managers, $ 180.00 Senior Project Managers Engineering Managers, Engineering Technical Managers, Engineering Technical Leaders, EITIEI Leaders, Landscape Architect Managers, Project Managers, Design Managers, Utility Coordination E07 Managers, Senior CEI Managers, Senior Construction Managers, Senior Managers, Senior $ 160.00 Scientists, Senior Archaeology Managers, Senior Cultural Resources Managers, Senior Survey Managers, Senior Professional Land Surveyors Assistant Engineering Managers, Assistant Engineering Technical Managers, Assistant EITIEI Leaders, Assistant Technical Leaders, Assistant Landscape Architect Managers, CEI Managers, Construction Managers, Assistant Project Managers, Managers, Science Managerial Professionals, E06 Planning Managers, Geological Managers, Hydrogeological Managers, GIS Managers, GIS $ 145.00 Technical Leaders, Environmental Managers, Environmental Technical Leaders, Wetlands Technical Leaders, Archaeology Managers, Cultural Resources Managers, Cultural Resources Technical Leaders, CAD Managers, Professional Land Surveyors, Lab Managers Senior Project Engineers, Senior Project EITIEIs, Senior Project Technical Specialists, Senior Project Schedulers, Senior Project Landscape Architects, Senior Project Construction Specialists, Field Crew Supervisors, Assistant Survey Managers, Assistant Survey Project Managers, Assistant E05 Hydrogeological Managers, Assistant Technical Leaders (Scientists), Geological Technical Leaders, $ 135.00 Assistant Planning Managers, Assistant Planning Technical Leaders, Assistant GIS Managers, Assistant GIS Technical Leaders, Assistant Environmental Managers, Assistant Environmental Technical Leaders, Assistant Cultural Resources Managers, Assistant Cultural Resources Leaders Project Engineers, Project EITIEIs, Project Technical Specialists, Project Landscape Architects, E04 Project Schedulers, Project Construction Specialists, Senior Project Hydrogeologists, Senior Project $ 115.00 Geologists, Senior Project Materials Specialists, Senior Project GIS Specialists, Senior Project Environmental Specialists, Senior Project Cultural Resources Professionals Senior Engineers, Senior EITIEIs, Senior Technical Specialists, Senior Landscape Architects, Senior Schedulers, Senior Construction Support Specialists, Senior Utility Specialists, Senior Utility Rate & E03 Funding Specialists, Project Hydrogeologist, Project Materials Specialists, Project Planners, Project $ 100.00 GIS Specialists, Project Environmental Specialists, Project Cultural Resources Professionals, Lab Supervisors Engineers, EITIEIs, Technical Specialists, Landscape Architects, Utility & Funding Specialists, Utility E02 Specialists, Construction Support Specialists, Senior Geological Specialists, Senior Materials $ s5.aa Specialists, Senior Planners, Senior GIS Specialists, Senior Environmental Specialists, Senior Cultural Resources Specialists, Assistant Lab Supervisors E01 Geological Specialists, Materials Specialists, Land Specialists, Planners, GIS Specialists, $ 65.OQ Environmental Specialists, Archeologists, Architectural Historians, Cultural Resources Specialists Page t of 2 Exhibit B The Non-exempt personnel categories shown below are subject to overtime rate. Category Descriptive Invoice Rate: N06 Senior Lead Project Designers, Senior Lead Project CMTs, Senior Lead Business/Technical $ 110.00 Coordinators, Senior Lead Project Administrative Assistants, Senior Lead Office Coordinators CI-2 (CMS), TCIS-3 (CMS), TCM-1(CMS), TCM-2 (CMS), Senior Lead CMTs, Senior Survey Crew N05 Chiefs, Senior Lead Cultural Resources Technician, Senior Lead Designers, Senior Lead CAD $ 100.00 Operators, Lead Business & Technical Coordinators, Senior Lead Administrative Assistants, Lead Office Coordinators TCI-3 (CMS), TCIS-2 (CMS), Lead CMT, Senior Inspectors (FL Only), Senior Lead Construction N04 Technicians, Senior Lead Technicians, Survey Crew Chiefs, Senior Lead Cultural Resources $ 94'00 Technician, Lead Designers, Lead CAD Operators, Lead Administrative Assistants, Senior Office Coordinators TCl-2 (CMS), TCIS-1 (CMS), Senior CEI - CSS, Senior CMTs, Lead Construction Technicians, Lead NO3 Technicians, Lead Survey Technicians, Lead CR Technicians, Senior Designers, Senior CAD $ 70.00 Operators, Business & Administrative Coordinators, Senior Administrative Assistants, Office Coordinators El - CSS, TCI-1 (CMS), TCI-1(CMS), TA-1 (CMS), CMTs, Senior Construction Technicians, Senior NO2 Technicians, Senior Surrey Technicians, Senior Cultural Resources Technicians, CAD Operators, $ 60.00 Administrative Assistants, Senior Office Assistants N01 Construction Technicians, Technicians, Survey Technicians, Cultural Resources Technicians, Office $ 50.00 Assistants NIA Survey Crew - 4 Person (including Survey equipment and vehicle) $ 230.00 NIA Survey Crew - 3 Person (including Survey equipment and vehicle) $ 180.00 NIA Survey Crew - 2 Person (including Survey equipment and vehicle) $ 145,00 Corp 1-Rate-CV-Rev. 12012 Page 2 of 2