HomeMy Public PortalAboutAmendment No. 3 to Contract No. 7-2012 with Commonwealth EngineAMENDMENT 93 TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT is made and entered into this day of
eJ�74( , 2013, by and bemeen the City of Richmond, Indiana, a municipal
corporation acting through its Board of Sanitary Commissioners and its Storm Water
Management Board, (hereinafter referred to as the "City"), and Commonwealth
Engineers, Inc., (hereinafter referred to as the "Contractor")
WHEREAS, City and Contractor entered into Contract Number 7-2012, on or
about January 10, 2012 to provide certain professional engineering services in
connection with City's East Side Interceptor Replacement Phase III Project; and
WHEREAS, City and Contractor amended Contract Number 7-2012 on or about April
10, 2012, to revise the scope of services and alter the compensation payable, pursuant to its terns;
and
V41IIEREAS, City and Contractor further amended Contract Number 7-2012 on or
about January 29, 2013, pursuant to its terms, to further revise the scope of services and alter the
compensation payable, pursuant to its terns; and
WHEREAS, City and Contractor now desire to further amend Contract Number
7-2012, pursuant to its terms, to further revise the scope of services to be provided by
Contractor under this Agreement, and to further alter the compensation payable to
Contractor for such revised services.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, including the above stated recitals; City and Contractor hereby agree as
folio«Ts:
Amendment #3 to Contract No. 7-2012
1. SECTION 1. STATEMENT AND SUBJECT OF -WORK of Contract 7-2012
will be revised as follows:
Contractor agrees to provide those additional services described in its
proposal dated May 28, 2013, attached as Exhibit "D" hereto. consisting
of six (6) pages, which is hereby incorporated by reference and made a
part of this Agreement, supplementing Exhibits "A," "B," and "C"
previously attached to Contract Number 7-2012 and its amendments.
2. SECTION ill. COMPENSATION of Contract 7-2012 will be revised as
follows:
City shall pay Contractor at hourly rates contained in Exhibit "D" for
Resident Project Representative categories (subject to change July 1,
2013) plus reimbursable expenses; an additional sum not to exceed Fifty -
Eight Thousand Dollars and Zero Cents ($58,000.00), for performing all
work described in Amendment # 3 to Contract Number 7-201.2 in a
satisfactory and proper manner.
3. City and Contractor expressly agree that all other terms,
conditions and covenants contained in Contract Number 7-2012 shall be
applicable to the work performed pursuant to this Amendment, unless such
tenn, condition or covenant conflicts with this Amendment, in which case
this Amendment shall be controlling.
( rest of page left intentionally blank)
r1 T WITNESS WHEREOF, the parties execute this Agreement effective the day and year
first above written, although signatures may be affixed at different times.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its Board of
Sanitary Cominissioners
By:
Sue Miller, President
b
Date: I r - (3
THE CITY OF RICHMOND,
INDIANA by and through its
Storm Water Management Board
By:
Stephanie Hays-Mussoni, President
Sue Miller, Vice President
Gilbert Klose, Member
Date: b ` t
13-
APPROVEL .
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
COMMONWEALTH ENGINEERS,
INC.
By:r
Printed: Mark D. Downe P.E. L.S/"'
Title: CEO
Date:
Attest:
By:
Printed: /Net.�/T 5 • Nr�htf
Title.
COMMOW-,u
EP 1101 I
e common goat.
May 28, 2013
Mr. Elijah W. Welch, P.E.
District Engineer
Richmond Sanitary District
City of Richmond
2380 Liberty Avenue
Richmond, Indiana 47374
RE: Additional Resident Project Representative (RPR) Services for
East Side Interceptor Phase lil - Construction Prase
Dear Mr. Welch:
Commonwealth Engineers, Inc. ("Engineer") is committed to assisting the Richmond Sanitary District
("Owner") with on -site Resident Project Representative (RPR) inspection services on an on -call basis, as
decided by the Richmond Sanitary District, during the construction phase of the East Side Interceptor
Phase III Project.
Duties, Responsibilities, and Limitations of Authority of the RPR inspection services are contained in
Attachment No. 1 _ Commonwealth Engineers will provide a separate invoice for these additional services
which will include (a) reimbursable expenses, which is typically mileage and (b) the daily time the RPR is
on site in accordance with Commonwealth Engineers' Standard Hourly Rate and Reimbursable Expense
Schedule (See Attachment No. 2). Standard Hourly Rates are subject to change on July 1 of each year.
Please contact me if you have any questions. Thank you for your consideration.
Sincerely,
COMMONWEALTH ENGINEERS, INC.
Brian Desharnais, Ph.D., P-E.
7266 Company bribe
Indianapolis, Indiana 46237
(317) 388-1177
FAX (317) 887-8G41
I EXHIBIT PAGE L QF �._.
ATTACHMENT No. 1
Duties, Responsibilities, and Limitations of Authority of Resident Project Representative
Resident Project Representative
A. Commonwealth Engineers, Inc. ("Engineer") shall furnish an on -site Resident Project
Representative ("RPR") to assist the Richmond Sanitary District ("Owner'') in observing progress
and quality of the Work during the construction phase of the East Side Interceptor Phase III Project
on an on -call basis, as decided by the Richmond Sanitary District.
B_ Through RPR's observations of Contractor's work in progress and field checks of materials and
equipment, Engineer shall endeavor to provide further protection for Owner against defects and
deficiencies in the Work. However, Engineer shall not, during such RPR field checks or as a result
of such RPR observations of Contractors work in progress, supervise, direct, or have control over
Contractor's Work, nor shall Engineer (including the RPR) have authority over or responsibility for
the means, methods, techniques, sequences, or procedures of construction selected or used by
any contractor, for security or safety at the Site, for safety precautions and programs incident to
any contractor's work in progress, or for any failure of a contractor to comply with Laws and
Regulations applicable to such contractor's performing and furnishing of its work. The Engineer
(including RPR) neither guarantee the performances of any contractor nor assumes responsibility
for Contractor's failure to furnish and perform the Work in accordance with the Contract
Documents.
C. The duties and responsibilities of the RPR are as follows:
1. General: RPR is Owner's representative at the Site, will act as directed by and under the
supervision of Owner, and will confer with Owner regarding RPR's actions, RPR's dealings
in matters pertaining to the Contractor's work in progress shall in general be with Owner
and Contractor. RPR's dealings with Subcontractors shall only be through or with the full
knowledge and approval of Contractor_
2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample
submittals, and schedule of values prepared by Contractor and consult with Owner and
Engineer concerning acceptability.
3. Conferences and Meetings: Attend meetings with Contractor and Owner on an as needed
basis, such as progress meetings, job conferences and other project -related meetings, and
prepare and circulate copies of minutes thereof.
4. Liaison:
a. Serve as Owner's liaison with Contractor. Working principally through Contractor's
authorized representative or designee, assist in providing information regarding the
intent of the Contract Documents.
b. Serving as Owner's liaison with Contractor when Contractor's operations affect
Owner's on -Site operations.
c. Assist in obtaining from Owner additional details or information, when required for
proper execution of the Work.
Commonwealth Engineers Inc.
5. interpretation of Contract Documents: Report to Owner and Engineer when clarifications
and interpretations of the Contract Documents are needed and transmit to Contractor
clarifiications and interpretations as issued by Owner and Engineer.
6, Shop Drawings and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and notify Owner and
Engineer of availability of Samples for examination.
c. Advise Owner, Engineer, and Contractor of the commencement of any portion of the
Work requiring a Shop Drawing or Sample submittal for which RPR believes that the
submittal has not been approved by Engineer.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and report such suggestions, together with RPR's
recommendations, to Owner and Engineer. Transmit to Contractor in writing decisions as
issued by Owner and Engineer.
8, Review of Work and Rejection of Defective Work.
a. Conduct on -Site observations of Contractor's work in progress to assist Owner in
determining if the Work is in general proceeding in accordance with the Contract
Documents.
b. Report to Owner and Engineer whenever RPR believes that any part of Contractor's
work in progress will not produce a completed Project that conforms generally to the
Contract Documents or will imperil the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents, or has been
damaged, or does not meet the requirements of any inspection, test or approval
required to be made; and advise Owner and Engineer of that part of work in progress
that RPR believes should be corrected or rejected or should be uncovered for
observation, or requires special testing, inspection, or approval.
9. Inspections, Tests, and System Start-ups:
a. Consult with Owner and Engineer in advance of scheduled inspections, tests, and
systems start-ups.
b, Verify that tests, equipment, and systems start-ups and operating and maintenance
training are conducted in the presence of appropriate Owner's personnel, and that
Contractor maintains adequate records thereof.
c. Observe, record, and report to Owner and Engineer appropriate details relative to the
test procedures and systems start-ups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections, and report to Owner.
�y Commonwealth Engineers Inc.
10. Records:
a. Maintain at the Site orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents including all change orders, field orders,
work change directives, addenda, additional Drawings issued subsequent to the
execution of the Construction Contract, Engineer's clarifications and interpretations of
the Contract Documents, progress reports, Shop Drawing and Sample submittals
received from and delivered to Contractor, and other Project -related documents.
b_ Prepare a daily report or keep a diary or log book, recording Contractor's hours on the
Site, weather conditions, data relative to questions of change orders, field orders, work
change directives, or changed conditions, Site visitors, daily activities, decisions,
observations in general, and specific observations in more detail as in the case of
observing test procedures; and send copies to Owner.
c. Record names, addresses, fax numbers, e-mail addresses, web site locations, and
telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials
and equipment.
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of all RPR Project documentation to
Owner.
11, Reports:
a. Furnish to Owner periodic reports as required of progress of the Work and of
Contractor's compliance with the progress schedule and schedule of Shop Drawing
and Sample submittals.
b. Draft and recommend to Owner proposed change orders, work change directives, and
field orders. Obtain backup material from Contractor.
c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up
reports.
d. Immediately notify Owner of the occurrence of any Site accidents, emergencies, acts of
God endangering the Work, damage to property by fire or other causes, or the
discovery of any Constituent of Concern.
12. Payment Requests: Review applications for payment with Contractor for compliance with
the established procedure for their submission and forward with recommendations to
Owner, noting particularly the relationship of the payment requested to the schedule of
values, Work completed, and materials and equipment delivered at the Site but not
incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify
that materials and equipment certificates, operation and maintenance manuals and other
data required by the Contract Documents to be assembled and furnished by Contractor are
applicable to the items actually installed and in accordance with the Contract Documents,
and have these documents delivered to Owner prior to payment for that part of the Work.
Commonwealth Engineers Inc.
D. Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or substitution of materials or
equipment (including "or -equal" items).
2. Exceed limitations of Engineer and Owner's authority as set forth in this Agreement.
3. Undertake any of the responsibilities of Contractor, Subcontractors or Suppliers.
4. Advise on, issue directions relative to, or assume control over any aspect of the means,
methods, techniques, sequences or procedures of Contractor's work.
5. Advise on, issue directions regarding, or assume control over security or safety practices,
precautions, and programs in connection with the activities or operations of Owner or
Contractor.
6, Participate in specialized field or laboratory tests or inspections conducted off site by others
except as specifically authorized by Owner.
7, Accept shop drawing or sample submittals from anyone other than Contractor.
S. Authorize Owner to occupy the Project in whole or in part.
_ Commonwealth Engineers Inc.
EXHIBIT 1) PAGE OF L
ATTACHMENT No. 2
COMMONWEALTH ENGINEERS,
INC.
STANDARD HOURLY RATES AND REIMBURSABLE
EXPENSES SCHEDULE
July 1, 2012 -June 30, 2013
Billing Class
Rate Per Hour
Billing Class
Rate Per Hoar
Principal Ili
$
78.20
Environmental Compliance Manager
$
30.69
Principal 11
$
71.76
Principal 1
$
60.73
Resident Project Representative IV
$
30.67
Resident Project Representative III
$
27.06
Project Manager IV
$
64.90
Resident Project Representative II
$
24.43
Project Manager III
$
60.73
Resident Project Representative l
$
21.79
Project Manager 11
$
49.52
Project Manager 1
$
44.58
Clerical III
$
23.82
Clerical 11
$
18.98
Project Engineer IV
$
49.76
Clerical 1
$
14.94
Project Engineer III
$
40.06
Project Engineer If
$
37.58
Reproduction Processor
$
18.65
Project Engineer 1
$
34.71
Trainee
$
12.50
Engineering Intern III
$
30.81
Engineering Intern 11
$
27.26
CADD Tech III
$
29A9
Engineering Intern 1
$
23.56
CADD Tech II
$
23.85
CARD Tech 1
$
16.16
Designer III
$
38A5
Designer li
$
30,05
IT Manager
$
39.24
Designer 1
$
25.05
IT Tech
$
23.97
Grants Manager
$
37.33
Surveyor
$
27.12
In order to arrive at the total billing rate, the above direct payroll rates shall be multiplied by factors of 40%
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 3.1625 times direct payroll rates.
Reimbursable Expenses
1. Travel from the office shall be at the then currently approved rate by the U.S. Internal Revenue
Service plus 15% profit
2. Actual cost, plus 15% profit, of subsistence and lodging.
3. Actual cost, plus 15% profit, of long distance telephone calls, telegrams, express charges, and
postage, other than first class mail.
4. raper prints at $0.75 per square foot, plus 15% profit.
5. Actual costs, plus 15% profit, of special tests and services of special consultants (not used without
specific written consent of Owner).
It is agreed that the Owner will mare 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.
Commonwealth Engineers Inc.
EXHIBIT 'D PAGE (o OF to
CERTIFICATE OF NO INVESTMENT ACTIVITIES IN IRAN
(IC 5-22-16.5-13)
Indiana Code. Reference is hereby made to Indiana Code 5-22-16.5 (the "Code"),
specifically to Section 5-22-16.5-13 of the Code. Terms used herein, not otherwise
defined herein, shall have the meanings ascribed to them in the Code.
2. Contract. Reference is hereby made to that certain Agreement between Owner and
Engineer for Professional Services (Stipulated Price), by and between Commonwealth
Engineers, Inc., ("Engineer") and City of Richmond Indiana a Governmental Body
("Owner") respecting that certain project known as East Side Interceptor Replacement
Phase III Project (the "Project").
3. Certification. Pursuant to Section 5-22-16.5-13(b) of the Code, Engineer hereby certifies
to Owner that Engineer is not engaged in Investment Activities in Iran.
4, Contract File. Pursuant to Section 5-22-16.5-13(c) of the Code, this Certificate shall be
placed in the Contract File for the Project.
In Witness Whereof, Engineer has executed this Certificate as of June 4, 2013.
COMMONWEALTH ENGINEERS, INC. _
STATE OF INDIANA
COUNTY OF MARION
By:
Prini
Title: Vtv
SS:
Subscribed and sworn to before me this 4th day of June, 2013.
My commission expires: 8/3/19
Residing in Johnson County
State of Indiana
.IMFORM,
Printed Name: Sherrie E. Hamilton
SHERRIE E. HAMILTON
Notary Public, State of Indiana
:N°^nr••
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Johnson County
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Comml3sion M 028440
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E-Verify Affidavit
Pursuant to Indiana Code 22-5-1.7-11, the Engineer entering into a contract with the Owner is
required to enroll in and verify the work eligibility status of all its newly hired employees through
the E-Verify program. The Engineer is not required to verify the work eligibility status of all its
newly hired employees through the E-Verify program if the E-Verify program no longer exists.
The undersigned, on behalf of the Engineer, being first duly sworn, deposes and states that the
Engineer does not knowingly employ an unauthorized alien. The undersigned further affirms
that, prior to entering into its contract with the Owner, the undersigned Engineer has enrolled in
and agrees to verify the work eligibility status of all its newly hired employees through the E-
Verify program.
Engineer: Commo
By (Written Signature):
rs. I
Printed Name: Mark D. Downey, P.E.
Title: CEO
Important - Notary Signature and Seal Required in the Space Below
STATE OF INDIANA
SS:
COUNTY OF MARION
Subscribed and sworn to before me this 4th day of June, 2013.
My commission expires: 813119
Residing in Johnson County
State of Indiana
(SigneclL�
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Printed Name: Sherrie E. Hamilton
SHERRIE E. HAMILTON
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�� 5 • °"��� Notary Public, state of Indiana
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Commission a 628440
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