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HomeMy WebLinkAboutAmendment No 1 to OEA - CSO 22 Control Valve Proj No. 123-032 – Commonwealth Engineers ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA MICOU 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS December 12, 2023 Mr. Brian M. Desharnais, PH.D., P.E. Commonwealth Engineers, Inc. 100 E. Wayne St., Suite 315 South Bend, IN 46601 bdesharnais@contactcei.com RE: Amendment No. 1 to Owner-Engineer Agreement Dear Mr. Desharnais: At its December 12, 2023 meeting, the Board of Public Works approved the above referenced amendment to provide a geotechnical report and helical pier design services due to soil conditions for the CSO 22 Control Valve Replacement, Project No. 123-032 in the amount of $3,800 with a new adjusted total: $149,265. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Members of the Board of Public Works Michael Schmidt, Assistant City Attorney Public Works Theresa Heffner, Clerk of Board of Public Works FROM: Jacob M. Klosinski, P.E., Assistant City Engineer SUBJECT: 123-032 CSO 22 Control Valve Replacement Professional Services Agreement (PROJ00000433) – Amendment 1 DATE: December 4, 2023 The Division of Engineering recommends the Board of Public Works approval of a an Amendment to Professional Services Agreement with Commonwealth Engineers, Inc. that includes design and construction administration services for Project No. 123-032 CSO 22 Control Valve Replacement. Amendment No. 1 (Attached) Amendment No. 1 scope of work will include additional design services to provide subconsultant structural engineering services for helical pier design for the new CSO 22 Structure. The Geotechnical Report identified suspect soils in the layer of soil that would have carried the footing and floor slab of the new CSO 22 Diversion Chamber. As a result the foundation engineering scope of work has changed and requires helical pier design. The contract amounts will change as follows: Original agreement amount: $145,465.00 Net change for prior amendments: $ 0.00 This amendment amount: $ 3,800.00 Adjusted agreement amount: $149,265.00 This project is funded through Sewage Works, Wastewater Capital Account 642-06- 605-514-442005. For questions regarding the subject agenda request, contact Jacob M. Klosinski, P.E. (Ext. 9496) at the Division of Engineering. Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT K, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated June 13, 2023. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. 2023-01 1. Background Data a. Effective Date of Owner-Engineer Agreement: June 13, 2023 b. Owner: City of South Bend c. Engineer: Commonwealth Engineers, Inc. d. Project: City of South Bend—CSO 002 Structure Improvements Project (S23076) 2. Nature of Amendment: a. Additional Services to be performed by Engineer b. Modifications to services of Engineer c. Modifications to time(s) for rendering services d. Modifications to other terms and conditions of the Agreement 3. Description of Modifications: a. Attachment 1, “Modifications” b. Attachment, “Commonwealth Engineers, Inc., Standard Hourly Rates and Reimbursable Expenses Schedule, July 1, 2023 – June 30, 2024” 4. Agreement Summary: a. Original agreement amount: $ 145,465 b. Net change for prior amendments: $ N/A c. This amendment amount: $ 3,800 d. Adjusted agreement amount: $ 149,265 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C.         Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. OWNER: ENGINEER: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS COMMONWEALTH ENGINEERS, INC. By: By: Title: Elizabeth A. Maradik President Title: Brian M. Desharnais, Ph.D., P.E. Vice President By: Title: Joseph R. Molnar Vice President By: Title: Allie Dolz-Lane Member By: Title: Gary A. Gilot Member By: Title: Murray Miller Member Attest: Title: Theresa Heffner Clerk Date: Date:          December 12, 2023 Exhibit K – Amendment to Owner-Engineer Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 This is Attachment 1, consisting of 3 pages, to Amendment No. 2023-01, dated , . Modifications 1. Engineer shall perform the following Additional Services: a. Through the Engineer’s sub-consultant, provide structural design and construction document preparation, bidding phase services and construction administration phase services for foundation designs due to poor soil conditions resulting in a helical pier foundation system versus a mat foundation system. 2. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: a. Task 4 95% Design - $1,800 b. Task 5 Final Design - $800 c. Task 8 Bidding - $200 d. Task 9 Construction Engineering - $1,000 3. Other portions of the Agreement (including previous amendments, if any) are modified as follows: a. Article 8.04, “Engineer’s Certifications”, of the Agreement is hereby amended to include the following: “B. Pursuant to Indiana Code 22-5-1.7-11, the Engineer entering into this Agreement 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 Engineer hereby certifies to the Owner that the Engineer does not knowingly employ an unauthorized alien. The Engineer further affirms that, prior to entering into its Agreement with the Owner, the Engineer has enrolled in and agrees to verify the work eligibility status of all its newly hired employees through the E- Verify program. The Engineer shall provide to Owner a sworn affidavit on an annual basis or as requested by the Owner. C. Pursuant to Executive Order 13846, the Engineer hereby certifies to Owner that Engineer is not engaged in Investment Activities in Iran.”         COMMONWEALTH ENGINEERS, INC. STANDARD HOURLY RATES AND REIMBURSABLE EXPENSES SCHEDULE July 1, 2023 – June 30, 2024 Billing Class Rate Per Hour Billing Class Rate Per Hour Principal III $ 116.69 Environmental Compliance Manager $ 57.50 Principal II $ 107.06 Compliance Specialist $ 32.18 Principal I $ 97.86 Environmental Scientist $ 32.18 Project Manager IV $ 96.86 Construction Manager $ 61.06 Project Manager III $ 90.62 Project Manager II $ 73.90 Resident Project Representative IV $ 47.83 Project Manager I $ 66.53 Resident Project Representative III $ 40.38 Resident Project Representative II $ 36.44 Senior Electrical Engineer $ 90.62 Resident Project Representative I $ 32.50 Senior Process Engineer $ 79.85 Clerical III $ 40.01 Clerical II $ 30.39 Project Engineer IV $ 75.24 Clerical I $ 22.29 Project Engineer III $ 60.30 Project Engineer II $ 56.83 Reproduction Processor $ 27.86 Project Engineer I $ 52.70 Trainee $ 21.65 Engineering Intern III $ 46.84 Engineering Intern II $ 44.05 CADD Specialist IV $ 45.83 Engineering Intern I $ 39.73 CADD Specialist III $ 41.63 CADD Specialist II $ 35.60 CADD Specialist I $ 28.51 Designer IV $ 57.91 Designer III $ 53.41 Chief Technology Officer $ 66.88 Designer II $ 48.19 IT Tech $ 31.81 Designer I $ 38.90 Multimedia Coordinator $ 53.14 Survey Manager $ 62.40 Operations Specialist $ 47.11 Surveyor $ 49.14 Project Surveyor $ 43.78 Grants Manager $ 59.98 Field Technician $ 37.56 In order to arrive at the total billing rate, the above direct payroll rates shall be multiplied by factors of 46.4654% 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 3.3086 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, plus 15% profit. 2. Subsistence and Lodging: Actual Cost, plus 15% profit. 3. Express Charges and Postage, other than first class mail: Actual Cost, plus 15% profit. 4. Paper Prints: $0.75 per square foot, plus 15% profit. 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.         City of South Bend Department of Administration & Finance Change Order Request Form Multiple PO lines: Project POs: PO Number PO-0024395 (Commonwealth Engineers, V-00011888) Line Number Add Line Item 2, Amendment No. 1 Helical Piers Original Dollar Amount $145,465 Line 1 New Dollar Amount (For liquidation request, enter $0)$3,800 for Line Item 2; Total Project for Line 1 + Line 2 = $149,265.00 Reason Code (if changed)No change Financial Dimensions (fund-dept- division-subdivision-main account)642-06-605-514-442005 Project Code (if applicable)No change Description of change (include budget impact) Engineering services for Helical Pier foundation design. Required scope change due to geotechnical report and soil strata profile. Standard footing not sufficient. APPROVED BY PROJECT ACCOUNTING TEAM (if applicable)(PAT member's name and date to be completed by PAT member) PO Number Line Number Original Dollar Amount New Dollar Amount (For liquidation request, enter $0) Reason Code (if changed) Financial Dimensions (fund-dept- division-subdivision-main account) Project Code (if applicable) Description of change (include budget impact) APPROVED BY PROJECT ACCOUNTING TEAM (if applicable)(PAT member's name and date to be completed by PAT member) PO Number Line Number Original Dollar Amount Changing the line amount: You can only change a line amount if it has NOT been invoiced against. • If the line has NOT been invoiced – reduce the line amount to equal what it should be. • If the line has been invoiced – cancel the delivery remainder and finalize the individual line, then add a new line for the amount that should be remaining. If you have changes to more than one line on the same PO, fill out a separate section for each line affected by the change order. For change orders on project-related POs, this form must be approved by the Project Accounting Team as described in Supplement 508. Supplement 508 Form - Change Order Request Form - PROJ00000433 - PO-0024395 1 of 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 12-04-2023 Name: Jacob M. Klosinski Department of Public Works – Engineering Division BPW Date: 12-04-2023 Phone Extension: 9496 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney Attorney Name Michael Schmidt Purchasing Mickey Lovy / Ron O'Connor Check the Appropriate Item Type –Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name Commonwealth Engineers, Inc. (V-00011888) New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name CSO 22 Control Valve Replacement Project Number 123-032 (PROJ00000433 / PO-0024395) Funding Source Sewage Works, Wastewater Capital Account No. 642-06-605-514-442005 Amount Terms of Contract Lum Sum Fee (Task List included in Agreement & Amendment 1) Special Contract Provisions Purpose/Description The Division of Engineering requests the Board of Public Works approval of a an Amendment to a professional services agreement with Commonwealth Engineers, Inc. to provide helical pier design services due to soil conditions identified in the Geotechnical Report for the site. For Change Orders Only Amount of Increase Decrease $ 3,800.00 ($ ) Previous Amount $ 145,465.00 Current Percent of Change: Increase Decrease 2.6% (%) New Amount $ 149,265.00 Total Percent of Change: Increase Decrease 2.6% (%) Time Extension Amount: 0 Days New Completion Date: No Change