HomeMy WebLinkAboutHWC Engineering City of Jeffersonville
Government Contract Coversheet
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within 48 hrs of execution.
Date Submitted to Clerk:, 412-q Th
Department: dexte.( OrvveV k.+'
Vendor Name: ‘Alik,
Sign Date: " I /Z
Ending Date:
Amount of Original Contract: V 1
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to original contract? Yes or No
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Purpose: AAAR,Y1+I n 'D J,p�k
For Clerk's Office to fill out Date uploaded to Gateway: 67/f93
HWC ENGINEERING
135 N. Pennsylvania Street, Suite 2800
Indianapolis, IN 46204
(317) 347-3663
AGREEMENT TO PROVIDE SERVICES
This AGREE ENT.TO PROVIDE SERVICES ("Agreement") is recognized as being established the 2(,n
day of , 2023 (the "Effective Date"), by and between HWC Engineering, Inc., of
Indianapolis, I diana (hereinafter referred to as "HWC")and City of Jeffersonville, Indiana (hereinafter
referred to as "CLIENT"), concerning the following:
The Project name, location and address:
Utica Pike Sidewalk
Jeffersonville, IN
The CLIENT's name and address:
City of Jeffersonville
500 Quartermaster Court
Jeffersonville, IN 47113
The Project's designated CLIENT representative and his/her contact information (including title,
address, phone number and email address):
Andy Crouch
City Engineer
City of Jeffersonville
500 Quartermaster Court
Jeffersonville, IN 47113
The Project's designated HWC representative and his/her contact information (including title,address,
phone number and email address):
D. Paul Lincks, P.E.
Roadway Dept Manager
HWC Engineering
303 Scribner Drive, Suite 201
New Albany, IN 47150
Direct: 812-675-4139
Mobile: 812-225-1445
plincks@hwcengineering.com
The applicable HWC Project number: 2023-137-S
City of Jeffersonville
Utica Pike Sidewalk
Page 1 of 9
WITN ESSETH
WHEREAS, the CLIENT desires to contract for certain professional services in connection with
the following project(hereinafter the "Project"):
Utica Pike Sidewalk
WHEREAS, HWC has expressed a willingness to provide the professional services for the
Project; and
WHEREAS, the parties hereto agree that HWC shall provide the services and documents
hereinbefore and hereinafter described in relation to the Project;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
SECTION I: SERVICES BY HWC
The services to be performed by HWC under this Agreement are set out in Appendix "A",
attached to this Agreement, and made an integral part hereof(hereinafter the "Services").
SECTION II: INFORMATION AND SERVICES TO BE FURNISHED BY THE CLIENT
The information and services to be furnished by the CLIENT are set out in Appendix "B",
attached to this Agreement and made an integral part hereof.
SECTION III: NOTICE TO PROCEED AND SCHEDULE
HWC shall begin the work to be performed under this Agreement upon receipt of the written
notice to proceed from the CLIENT, and shall deliver the work to the CLIENT in accordance with the
schedule contained in Appendix "C", attached to this Agreement, and made an integral part hereof.
HWC shall not begin work prior to the date provided in the written notice to proceed.
HWC acknowledges the importance to the CLIENT of the project schedule and agrees to put
forth reasonable efforts in performing the services with due diligence under this Agreement in a
manner consistent with that schedule attached. The CLIENT understands, however, that HWC's
performance must be governed by sound professional practices.
If in this Agreement, specific periods of time for rendering services are set forth or specific
dates by which services are to be completed are provided, and if such periods of time or dates are
changed through no fault of HWC,for reasons including, but not limited to, delay of state or municipal
agencies in approvals or other governmental decisions, or delay in site or land acquisition, the rates
and amounts of compensation provided herein shall be subject to equitable adjustment.
SECTION IV: COMPENSATION
HWC shall receive payment for the work performed under this Agreement as set forth in
Appendix"D", attached to this Agreement, and made an integral part hereof.
City of Jeffersonville
Utica Pike Sidewalk
Page 2 of 9
SECTION V: GENERAL PROVISIONS
1. Consultants and Subcontracting
HWC shall, in its sole discretion and without approval of the CLIENT, have the right to employ
such subconsultants and consultants (collectively hereinafter "Subconsultants") as HWC
deems necessary to assist in the performance of furnishing of the Services. HWC shall not be
required to employ any Subconsultants unacceptable to HWC.
2. Use and Ownership
All reports, tables, figures, drawings, specifications, boring logs, field data, field notes,
laboratory test data, calculations, estimates and other documents (hereinafter "Documents")
prepared by HWC as instruments of service shall remain the property of HWC.The CLIENT shall
be entitled to copies or reproducible sets of any of the Documents for information and
reference in connection with use on the Project by CLIENT.
HWC will retain all pertinent records relating to the services performed for a period of five (5)
years following performance of work, during which period the records will be made available
to the CLIENT at all reasonable times for inspection or copying.
HWC agrees that the CLIENT is not required to use any plan, report, drawing, specifications,
advice, map, document or study prepared by HWC and HWC waives all right of redress against
the CLIENT if the CLIENT does not utilize same. Such Documents are not intended or
represented to be suitable for reuse by CLIENT or others on extensions of the Project or any
other project. Any such reuse or modification without written verification or adaptation by HWC,
as appropriate for the specific purpose intended, shall be at CLIENT's sole risk and without
liability or legal exposure to HWC. CLIENT shall indemnify and hold harmless HWC from all
claims, damages, losses and expenses, including attorney's fees arising out of or resulting
there from.
CLIENT hereby acknowledges that due to the status of the Documents as instruments of
professional service and the value associated therewith such designation,that HWC is entitled
to enforce the prohibition against misuse of the Documents by CLIENT by obtaining an
injunction to enjoin and restrain the unauthorized use of the Documents. Additionally, the
improper utilization of the Documents hereunder shall be considered to be a breach of this
Agreement and entitle HWC to all rights and remedies provided herein.
3. Compliance with State and Other Laws
HWC specifically agrees that in performance of the services herein enumerated by HWC or by
Subconsultants or anyone acting on behalf of either, that each will comply with all state,
federal, and local statutes, ordinances and regulations in effect as of the effective date of this
Agreement (the "Laws and Regulations"). Changes to these laws and regulations after the
effective date of this Agreement may be the basis for modifications to CLIENT's responsibilities
as provided in Appendix B or to HWC's Services (as provided in Appendix A), times of
performance (as provided in Appendix C), or compensation (as provided in Appendix D).
4. Professional Responsibility
HWC will exercise reasonable skill, care, and diligence in the performance of services and will
carry out all responsibilities in accordance with customarily accepted professional engineering
City of Jeffersonville
Utica Pike Sidewalk
Page 3 of 9
practices. Failure by the CLIENT to report any defect or suspected defect to HWC within one
(1) year from the completion of HWC's services for the Project shall relieve HWC of the
obligation to cure the defect or suspected defect or any costs associated with the efforts to
cure the defect or suspected defect.
Neither the professional activities of HWC, nor the presence of HWC or its employees and sub-
consultants at a construction/project site, shall relieve the construction professional or
company contracted (hereinafter "CONTRACTOR") with the CLIENT to provide construction
services of its obligations,duties and responsibilities, including, but not limited to,construction
means, methods, sequence, techniques or procedures necessary for performing,
superintending and coordinating the work in accordance with the contract documents and any
health or safety precautions required by any regulatory agencies. HWC and its personnel have
no authority to exercise any control over the CONTRACTOR or its employees in connection with
their work or any health and safety programs or procedures. The CLIENT agrees that the
CONTRACTOR shall be solely responsible for job site safety and warrants that this intent shall
be carried out in the CLIENT's contract with the CONTRACTOR.The CLIENT also agrees that the
CLIENT, HWC and HWC's sub-consultants shall be indemnified by the CONTRACTOR and shall
be made additional insureds under the CONTRACTOR's policies of general liability insurance.
HWC shall not be required to sign any documents, no matter by whom requested, that would
result in HWC having to certify, guarantee or warrant the existence of conditions whose
existence HWC cannot ascertain.The CLIENT also agrees not to make resolution of any dispute
with HWC or payment of any amount due to HWC in any way contingent upon HWC's signing
any such certification.
HWC shall not be responsible for errors, omissions or deficiencies in the designs, drawings,
specifications, reports or other services of the CLIENT or other consultants, including, without
limitation, surveyors and geotechnical engineers, who have been retained separately by
CLIENT. HWC shall have no liability for errors or deficiencies in its designs, drawings,
specifications and other services that were caused, or contributed to, by errors or deficiencies
(unless such errors,omissions or deficiencies were known or should have been known by HWC)
in the designs, drawings, specifications and other services furnished by the CLIENT, or other
consultants retained by the CLIENT. Additionally, HWC shall not be responsible for the use of
the Documents by CLIENT, or consultants retained by the CLIENT,for any purposes other than
in conjunction with the Project.
HWC's opinions of probable construction costs provided under this Agreement are to be made
on the basis of HWC's experience and qualifications and represent HWC's best judgment as
an experienced and qualified professional within the industry. However, since HWC has no
control over the cost of labor (including but not limited to wage scales for public works
projects), materials (or changes in materials requested by CLIENT), equipment or services
furnished by others, changes in applicable laws (including, but not limited to, building codes,
flood plain designation,etc.)or over the CONTRACTOR's methods of determining prices or over
competitive bidding or market conditions,HWC cannot and does not guarantee that proposals,
bids or actual construction cost will not vary from opinions of probable construction costs
prepared by HWC.
5. Status of Claims
HWC shall be responsible for keeping the CLIENT currently advised as to the status of any
known claims made for damages against HWC resulting from services performed under this
City of Jeffersonville
Utica Pike Sidewalk
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Agreement. HWC shall send notice of claims related to work under this Agreement to the
CLIENT.
6. Insurance
HWC shall at its own expense maintain in effect during the term of this contract the following
insurance with limits as shown or greater:
• General Liability (including automobile) with a combined single limit of
$1,000,000.00. The CLIENT shall be named as an Additional Insured. HWC's
insurance shall be written on a "primary" basis and the CLIENT's insurance
program shall be in excess of all of HWC's available coverage.
• Worker's Compensation at single limit of $1,000,000.00. Worker's
Compensation shall include a Waiver of Subrogation endorsement in favor of
CLIENT.
• Professional Liability for protection against claims arising out of performance
of professional services caused by negligent error, omission, or act in the
amount of $2,000,000.00
• HWC shall provide to CLIENT Certificates of Insurance indicating the aforesaid
coverage upon request of the CLIENT.
• HWC shall name CLIENT as additional insured on General Liability and Auto
Liability policy.
HWC will require its Subconsultants to maintain Commercial General Liability, Auto Liability,
Workers Compensation and Professional Liability coverages equal to or greater than
maintained by HWC. Subconsultants shall also name HWC and CLIENT as additional insureds
on General Liability and Auto Liability policy.
CLIENT shall procure and maintain insurance as follows:
• Commercial General Liability Insurance,with a per occurrence limit of not less than
$2,000,000.00
CLIENT and HWC shall each deliver to the other certificates of insurance evidencing the
coverage indicated in this Agreement. Such certificates shall be furnished prior to
commencement of HWC's services and at renewals thereafter during the life of the Agreement.
7. Changes in Work
In the event that either the CLIENT or HWC determine that a material change in scope,
character or complexity of the work is needed after the work has progressed as directed by the
CLIENT, both parties in the exercise of their reasonable and professional judgment shall
negotiate the changes and HWC shall not commence the additional work or the change of the
scope of the work until a supplemental agreement is executed and HWC is authorized in writing
by the CLIENT to proceed.
8. Delays and Extensions
HWC agrees that no charges or claim for damages shall be made by it for any minor delays
from any cause whatsoever during the progress of any portion of the services specified in this
Agreement. Any such delays shall be compensated for by an extension of time for such period
as may be reasonably determined by the CLIENT,subject to HWC's approval. However, it being
understood, that the permitting of HWC to proceed to complete any services, or any part of
City of Jeffersonville
Utica Pike Sidewalk
Page 5 of 9
them after the date to which the time of completion may have been extended, shall in no way
operate as a waiver on the part of the CLIENT of any of its rights herein.
9. Abandonment
Services may be terminated by the CLIENT and HWC by thirty(30) days' notice in the event of
substantial failure to perform in accordance with the terms hereof by the other party through
no fault of the terminating party so long as such nonperformance has not been caused by
delays outside of the control of HWC. If so abandoned, HWC shall deliver to the CLIENT copies
of all data, reports, drawings, specifications and estimates completed or partially completed
along with a summary of the progress of the work completed within twenty (20) days of the
abandonment. In the event of the failure by HWC to make such delivery upon demand, then
and in that event HWC shall pay to the CLIENT any damages sustained by reason thereof. The
earned value of the work performed shall be based upon an estimate of the portions of the
total services as have been rendered by HWC to the date of the abandonment for all services
to be paid for on a lump sum basis. HWC shall be compensated for services properly rendered
prior to the effective date of abandonment on all services to be paid on a cost basis or a cost
plus fixed fee basis. The payment as made to HWC shall be paid as the final payment in
CLIENT's full settlement and release for the services hereunder unless otherwise provided
hereunder.
10.Non-Discrimination
Pursuant to Indiana and federal law, HWC and HWC's Subconsultants, if any, shall not
discriminate against any employee or applicant for employment, to be employed in the
performance of work under 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, color, religion, sex, disability, national origin or ancestry. Breach of this covenant may be
regarded as a material breach of the Agreement.
11.Employment Eligibility Verification
HWC affirms under the penalties of perjury that it does not knowingly employ an unauthorized
alien.
HWC shall enroll in and verify the work eligibility status of all its newly hired employees through
the E-Verify program as defined in I.C. 22-5-1.7-3. HWC is not required to participate should
the E-Verify program cease to exist.
HWC shall require its Subconsultants, who perform work under this Contract,to certify to HWC
that the Subconsultant does not knowingly employ or contract with an unauthorized alien and
that the Subconsultant has enrolled and is participating in the E-Verify program. HWC agrees
to maintain this certification throughout the duration of the term of a contract with a
Subconsultant.
The CLIENT may terminate for default if HWC fails to cure a breach of this provision no later
than thirty(30) days after being notified by the CLIENT.
City of Jeffersonville
Utica Pike Sidewalk
Page 6 of 9
12.Successor and Assigns
The CLIENT and HWC each binds themselves and successors, executors, administrators and
assigns to the other party of this Agreement and to the successors, executors, administrators
and assigns of such other party, in respect to all covenants of this Agreement;except as above,
neither the CLIENT and HWC shall assign, sublet or transfer their interest in the Agreement
without the written consent of the other.
13.Suoplements
This Agreement may only be amended, supplemented or modified by a written document
executed in the same manner as this Agreement.
14.Governing Laws
This Agreement and all the terms and provisions shall be interpreted and construed according
to the laws of the State of Indiana, notwithstanding any state's choice of law rules to the
contrary. Should any clause, paragraph, or other part of this Agreement be held or declared
to be void or illegal,for any reason, by any court having competent jurisdiction,all other causes,
paragraphs or part of this Agreement, shall nevertheless remain in full force and effect. Any
and all actions to be litigated under this matter shall be initiated in Marion County, Indiana.
This Agreement contains the entire understanding between the parties and no modification or
alteration of this Agreement shall be binding unless endorsed in writing by the parties thereto.
This Agreement shall not be binding until executed by all parties.
15.No Partnership
This Agreement will not constitute, create, give rise to or otherwise recognize a joint venture,
partnership or formal business organization of any kind between the parties, and the rights
and obligations of the parties shall be only those expressly stated under this Agreement.
Neither party shall represent itself as an employee or subcontractor of the other, nor is this
Agreement or any related documents intended to be construed so as to make either party an
employee or subcontractor of the other. Except as otherwise provided in this Agreement,
neither party shall have the ability to bind the other to any agreement for payment of goods or
services, nor shall it represent to any person that it has such ability. All expenses incurred by
the parties hereto are their respective sole responsibility, unless otherwise provided for in this
Agreement.
16.Rights and Benefits
HWC's services will be performed solely for the benefit of the CLIENT and not for the benefit of
any other persons or entities.
17.Disputes
All claims or disputes of HWC and the CLIENT arising out of or relating to the Agreement,or the
breach thereof after notice and a reasonable opportunity to cure, shall be first submitted to
non-binding mediation. If a claim or dispute is not resolved by mediation,the party making the
City of Jeffersonville
Utica Pike Sidewalk
Page 7 of 9
claim or alleging a dispute shall have the right to institute any legal or equitable proceedings
in a court located in Marion County, Indiana.
18.Indemnities
HWC and the CLIENT each agree to indemnify and hold the other harmless, and their
respective officers, employees, agents, and representatives from and against liability for all
claims, losses,damages,and expenses, including reasonable attorney fees,to the extent such
claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts,
errors, or omissions.
In addition to the indemnity of this Agreement, and to the fullest extent permitted by law,
CLIENT shall indemnify and hold harmless HWC, HWC's Subconsultants and the officers,
directors, partners, employees of HWC, from and against all costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other dispute resolution costs) caused by, arising
out of or resulting from the presence of asbestos,toxic materials,or any other hazardous,toxic
or dangerous environmental condition,on or about the Project site(the "Site"),whether known
or unknown to CLIENT, provided that nothing in this Article shall obligate CLIENT to indemnify
any individual or entity from and against the consequences of that individual's or entity's own
negligence or willful misconduct.
The CLIENT agrees to extend any and all liability limitations and indemnifications for
performance of services under this Agreement to, in and including, but not limited to HWC's
officers and employees, their heirs and assigns, and HWC's Subconsultant's their heirs and
assigns.
19.Comolete Agreement
This Agreement, and all other referenced exhibits which form a part of this Agreement,
constitutes the entire agreement between the parties with respect to the subject matter hereof
and shall be deemed to supersede all prior and contemporaneous agreements,
representations, and understandings, whether written or oral, and the same shall be deemed
to have been merged into this Agreement
20.Notice
Any notice contemplated herein or required or permitted to be given hereunder shall be in
writing and shall be deemed to be given when delivered personally or sent by registered or
certified mail, postage prepaid, return receipt requested to the parties at the addresses set
forth in the preamble of this Agreement,or to such other address as either party may have last
specified by written notice to the other.
City of Jeffersonville
Utica Pike Sidewalk
Page 8 of 9
IN WITNESS WHEREOF,the CLIENT and HWC have signed this Agreement in duplicate.One counterpart
each has been delivered to the CLIENT and HWC.
This Agreement will be effective on , 2023.
"CLIENT" "HWC"
City of Jeffersonville, IN HWC Engineering
By: By: Th ._
Printed: M4 e eere ,ChS Prin ec�. �i d-Bowers, PE
Title: Mayor Pitcok 'RD& Title: Partner/Vice President
Date: Date: April 25, 2023
City of Jeffersonville
Utica Pike Sidewalk
Page 9 of 9
APPENDIX "A"
SERVICES BY HWC
It's our understanding that the City would ultimately like to provide an 8' sidewalk with grass buffer
along the north side of Utica Pike from Allison Lane to 6 Mile Lane (6,250'). We understand that the
City prefers the north side of the road but that they are not averse to exploring the south side when
faced with challenges on the north side. We understand that with the nature of the project and with
the sidewalk serving a multi-use purpose that the crossing of Utica Pike would need to be limited.
We will use drone imagery which is in survey coordinates so that the work done as part of this phase
can be used for the next phase. As discussed in this letter,the Due Diligence phase will provide us
with a route and location for the sidewalk while full survey is being performed.
Our understanding of required services for the Survey and Due Diligence Phase are as follows:
Survey Services
Obtain needed survey of project limits. This task includes the following elements:
1. Provide drone imagery.
2. Provide a topographical survey of the existing site conditions, as necessary for development
of design plans. Elements to be identified will be the existing utilities, pavements, ground
contours, and drainage conditions.
3. Identify affected property owners along the limits of the project and obtain copies of last
deed of record.
4. Establish existing Rights-of-Ways and property ownership map based upon obtainable public
records.
5. Prepare and send out Survey Notice Letters (to be approved by City Engineer).
6. Establish a baseline from which the project will be developed.
7. Establish a temporary benchmark system.
Due Diligence
1. Identify design criteria for project. Utica Pike is an urban minor arterial with a posted speed
limit of 40 mph. It can be further subclassified as "Intermediate" given the context of the
environment. Sidewalks and shared-use paths have different criteria. Our understanding is
that this will be an 8' concrete sidewalk project. This means that while the City allows the
sidewalk to be used for multi-use, the sidewalk will not be geometrically designed for
bicycles. Because Utica Pike is uncurbed, a 10' grass buffer would be desirable. If there are
areas that the 10' buffer can't be achieved, we would view that as a level two design criteria
issue. We will document the reasons the 10' buffer can't be achieved and ask for City
approval.
2. Develop title sheet.
3. Develop typical sections based on chosen design criteria.
4. Do initial contact with utilities to obtain plans or electronic files. Indiana 811 identifies 11
possible utilities in the area.
5. Setup 20 scale aerial images from drone flight survey.
City of Jeffersonville
Utica Pike Sidewalk
Appendix"A"
Page 1of3
6. Do a preliminary layout of the sidewalk. Show utility locations using information gathered
from utility owners. Show existing right of way, property lines and property owners from GIS.
Show a preliminary proposed right of way line.
7. Walk site to review proposed sidewalk location.
8. Note all issues that are challenges with potential solutions to the challenges (i.e. retaining
wall with railing at back of walk to avoid pond).
9. Note utility conflicts or concerns on plans.
10. Develop a list of property owners with right of way takings.
11. Meet with City to review preliminary layout. Make any required revisions.
12.Send preliminary plan layout to environmental subconsultant asking for review/input and
development of fee for services as part of Phase 2 of this project. With local dollars being
used, most environmental studies will likely be avoided. We'd ask them to evaluate for any
required permits. We assume a construction in floodway permit would be required. We also
expect more than an acre of land disturbance and therefore a CSGP (Construction
Stormwater General Permit) would be required. As part of Due Diligence, we will document
the environmental concerns and the environmental services and fees required for the next
phase of the project. Through viewing IDEM's Interactive Map for the project area, we
confirmed no brownfield sites, no hazardous waste corrective action, no leaking UST's, no
site investigations, sites of special interest or state cleanups. No superfunds, voluntary
remediation programs, dry cleaner laundry sites or restricted sites. We also viewed the
Indiana Historic Buildings, Bridges and Cemeteries map. The following was discovered:
a. 3011 Utica Pike; Northeast corner of Utica Pike and Allison Lane; Survey No. 019-
305-58001; Rated as "Notable"
b. 3209 Utica Pike; 250' northeast of Rockingham Way; Survey No. 019-305-55015;
Rated as "Notable"
c. 3818 Utica Pike; 540' south of Catalpa Drive on the south side of the road; Survey
No. 019-305-45002; Rated as "Outstanding"
d. 4002 Utica Pike; 250' north of Catalpa Drive on the south side of the road; Survey
No. 019-305-45002; Rated as "Outstanding"
We will engage the environmental subconsultant about any of the properties for which we
would plan to impact with sidewalk.
13.Send preliminary plan layout to geotechnical subconsultant asking for review/input and
development of fee of services as part of Phase 2 of this project. We'd ask them to evaluate
soils from available mapping information and note any geotechnical concerns. There may be
locations where retaining walls may be needed along the back of walk and depending on wall
height may require geotechnical investigations/recommendations. We are aware that the
soil in this area is sandy, and we will discuss with the geotechnical subconsultant the need
for a subgrade recommendation for the sidewalk. There may be a need for slope stability
analysis with recommendation for any embankment slopes off the back of walk. As part of
Due Diligence, we will document the geotechnical concerns and the geotechnical services
and fees required for the next phase of the project.
14.Send preliminary plan layout to right of way subconsultant asking for review/input and
development of fee of services as part of Phase 2 of this project. HWC would develop a list
of expected property owners that will be impacted by the project. We will develop areas of
taking based upon the preliminary layout discussed above. Based on this information the
right of way subconsultant will be able to provide fees and services for right of way
engineering and acquisition as well as an estimate of land cost and damages. They will also
be able to give us an estimate of the time required to complete their services.
15. Develop preliminary construction quantities.
16. Develop a preliminary construction cost estimate. This will be a high-level estimate with
some items lumped together and percentages of construction assigned to develop cost.
City of Jeffersonville
Utica Pike Sidewalk
Appendix"A"
Page 2 of 3
17. Develop a project schedule.
18. Deliverables will include an 11"x17" plan set containing a title sheet,typical section sheet,
and preliminary aerial plan sheets showing the sidewalk location. Everything else discussed
above will be presented in a written engineering assessment report. Separately we will
provide a fee proposal for Phase 2 services.
19. Meet with City to review deliverable package.
City of Jeffersonville
Utica Pike Sidewalk
Appendix"A"
Page 3 of 3
APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY THE CLIENT
If requested by HWC, the CLIENT shall, within a reasonable time, so as not to delay the services of
HWC:
1. Provide full information as to HWC's requirements for the Project.
2. Assist HWC by placing at HWC's disposal all available information pertinent to the assignment
including previous reports and any other data relative thereto.
3. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by HWC, obtain advice of an attorney, insurance counselor, and other
Engineers as CLIENT deems appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time or as provided in an agreed schedule so as not to
delay the services of HWC.
4. Give prompt written notice to HWC whenever CLIENT observes or otherwise becomes aware of
any defect in the Project.
5. Furnish all existing approvals or permits from all governmental authorities having jurisdiction
over the Project. HWC will assist the CLIENT in identifying and procuring any additional permits
associated with this Project or as identified in this Agreement or "Services by the HWC/the
Engineer".
6. Arrange for access to and make all provisions for HWC to enter upon public and private
property as required for HWC to perform services under this Agreement.
7. Obtain necessary easements and right-of-way for construction of the Project, including
easement and right-of-way descriptions, property surveys and boundary surveys.
8. Furnish to HWC, as requested by HWC or as required by the Contract Documents, data
prepared by or services of others, including exploration and tests of subsurface conditions at
or contiguous to the site, drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the site.
City of Jeffersonville
Utica Pike Sidewalk
Appendix`B"
Page 1 of 1
APPENDIX "C"
NOTICE TO PROCEED AND SCHEDULE
HWC acknowledges the importance to the CLIENT of the project schedule and agrees to put forth
reasonable efforts in performing the services with due diligence under this Agreement in a manner
consistent with the schedule below:
Activity Schedule
Topographic Survey 90 Days from NTP
Due Diligence Deliverables 70 Days from NTP
City of Jeffersonville
Utica Pike Sidewalk
Appendix"C"
Page 1 of 1
APPENDIX `D"
COMPENSATION
HWC shall receive payment from CLIENT for the work performed under this Agreement,as listed below:
Activity Fee Compensation Type
Topographic Survey $62,000 Lump Sum
Due Diligence Deliverables $34,000 Lump Sum
TOTAL $96,000 Lump Sum
Lump Sum Compensation: Lump Sum payment shall include all labor and expenses (for the scope of
work as defined in the agreement) incurred by HWC and shall not exceed the fixed payment amount
without prior authorization of the CLIENT. HWC shall submit monthly invoices to the CLIENT for the
estimated portion of the total services actually completed at the time of the billing. The value of the
lump sum services work completed is determined by multiplying the percentage of work completed by
the total fee established.
If additional engineering or other services, not listed within "Appendix "A" Services by HWC' related
section of this agreement,are requested in writing by the CLIENT, HWC shall receive payment for such
extra work, either by a lump sum fee determined and agreed to by the CLIENT and HWC prior to the
commencement of such work and in writing, or on an hourly basis plus reasonable expenses as
specified on the "Hourly Rates and Reimbursable Expenses Schedule" included herein.
The "Hourly Rates and Reimbursable Expenses Schedule" identified in this Agreement are subject to
change each December 31st without notification or modification to this Agreement.
City of Jeffersonville
Utica Pike Sidewalk
Appendix"D"
Page 1of2
HWC Engineering
2023 Hourly Billing Rates
POSITION HOURLY RATE
Principal $ 230.00
Division Manager $ 220.00
Sr Project Manager $ 210.00
Project Manager $ 175.00
Senior Project Engineer $ 175.00
Project Engineer I $ 145.00
Project Engineer II $ 120.00
Sr Designer/Technician $ 130.00
Designer/Technician $ 110.00
Project Coordinator $ 100.00
Landscape Architect I $ 135.00
Landscape Architect II $ 110.00
Planner I $ 135.00
Planner II $ 110.00
Project Surveyor $ 130.00
Survey Crew Lead I $ 120.00
Survey Crew Lead II $ 100.00
Survey Crew Member I $ 85.00
Survey Crew Member II $ 70.00
Clerical Support $ 80.00
Inspection Manager $ 140.00
Sr Inspector $ 130.00
Construction Inspector I $ 120.00
Construction Inspector II $ 105.00
Intern $ 60.00
REIMBURSABLE EXPENSES
• Direct Travel Expense - including mileage (the current rate allowed by the IRS), air fare, car
rental, lodging, meals, large blueprint and copying runs, etc.
• Large format black and white prints at $.40 per square foot.
• Plots at $2.00 per square foot.
• Black and white copies at$.10 per sheet.
• Color copies at $.50 per sheet.
• USBs at $25.00 each.
• Actual cost of photographs, postage and other expenses.
• Expenses will be billed at cost plus a 10%administrative fee.
• Hours worked in excess of 8 hours per day or 40 hours per week will be billed at an overtime
rate of 1.5 times the rates listed for non-exempt employees.
City of Jeffersonville
Utica Pike Sidewalk
Appendix"D"
Page 2 of 2