HomeMy WebLinkAboutHWC Engineering Redevelopment Contract for Charlestown Pike City of Jeffersonville
Government Contract Coversheet
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HWC ENGINEERING
135 N. Pennsylvania Street, Suite 2800
Indianapolis, IN 46204
(317) 347-3663
AGREEMENT TO PROVIDE SERVICES
This AGREEMENT TO PROVIDE SERVICES("Agreement") is recognized as being established the
day of February, 2024 (the "Effective Date"), by and between HWC Engineering, Inc., of Indianapolis,
Indiana (hereinafter referred to as "HWC") and Redevelopment Commission for the City of
Jeffersonville, Indiana (hereinafter referred to as "CLIENT"), concerning the following:
The Project name, location and address:
On-Call Construction Inspection Services
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Jeffersonville, IN
The CLIENT's name and address:
City of Jeffersonville Redevelopment Commission
500 Quartermaster Court, Suite 257
Jeffersonville, IN 47130
The Project's designated CLIENT representative and his/her contact information (including title,
address, phone number,fax number and email address):
Rob Waiz
Redevelopment Director
City of Jeffersonville
500 Quartermaster Court, Suite 257
Jeffersonville, IN 47130
812-280-3801
Rwaiz@cityofjeff.net
The Project's designated HWC representative and his/her contact information (including title,address,
phone number,fax number and email address):
Troy Swan
VP: Transportation and Construction Inspection Services
HWC Engineering
135 N. Pennsylvania Street, Suite 2800
Indianapolis, IN 46204
812-524-8698 mobile
812-514-5006 direct
tswan@hwcengineering.com
The applicable HWC Project number: 2024-060
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Page 1 of 9
WITNESSETH
WHEREAS, the CLIENT desires to contract for certain professional services in connection with
the following project (hereinafter the "Project"):
On-Call Construction Inspection Services -
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
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 Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
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
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Page 3 of 9
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
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.
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Page 4 of 9
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
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
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Page 5 of 9
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
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.
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Page 6 of 9
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.
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.Supplements
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.
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Page 7 of 9
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
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.Complete 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 Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
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 �C �'` �� , 2024.
r
"CLIENT" "HWC"
Redevelopment Commission HWC Engineering
City of Jeffersonville, Indiana
By: 7(___,c. /__(___e____c_:z
By:
Printed: c\�_lL-,--,-' Printed: Terry M. Baker
Title: ' , s Title: President
Date: ,,r/2 .` -- Date: February 13, 2024
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Page 9 of 9
APPENDIX "A"
On-Call Engineering Agreement for
Resident Representative (Construction Inspection)Services
City of Jeffersonville, IN
February 2024
SCOPE OF SERVICES
HWC shall provide resident representative (construction inspection) services to the CLIENT related to
infrastructure projects, private development projects and utility projects on an "as needed" basis as
directed by the CLIENT. Basic services include time and expenses including travel. The fee for these
basic services shall be billed on an hourly basis based on the agreed upon hourly rate. If requested,
HWC shall serve as CLIENT's professional representative on an "as needed" and "as requested"
basis and as defined and agreed to for work (based on time and billable rates shown in Exhibit "B")
on an hourly basis per month.
HWC shall track the time of services provided to the CLIENT under the following general tasks to
document the work completed. A description of the work associated with each Task is as follows:
On-Call Resident Representative (Construction Inspection)Services
HWC shall perform professional services as requested, including onsite resident representative
services. Services provided shall be identified and billed under various sub-tasks for tracking and
accounting purposes as directed by the CLIENT. Sub-tasks proposed under this agreement shall
include services provided as described below.
A. Description of Services
Resident Project Representative
1. HWC shall furnish a Construction Inspector, Resident Project Representative (RPR), to assist
HWC/CLIENT in observing progress and quality of the Work. The Construction Inspector will
provide observation/representation during all construction activities involving work
associated with the previously described project.
2. Through such additional observations of Contractor's work in progress and field checks of
materials and equipment by the RPR, HWC shall endeavor to provide further protection for
CLIENT against defects and deficiencies in the Work. However, HWC shall not, during such
visits or as a result of such observations of Contractor's work in progress, supervise, direct,
or have control over the Contractor's Work nor shall HWC have authority over or responsibility
for the means, methods, techniques, sequences, or procedures selected by Contractor, for
safety precautions and programs incident to the Contractor's work in progress, for any failure
of Contractor to comply with Laws and Regulations applicable to Contractor's performing and
furnishing the Work, or responsibility of construction for Contractor's failure to furnish and
perform the Work in accordance with the Contract Documents.
3. The duties and responsibilities of the RPR are limited to those of HWC in the Agreement with
the CLIENT and in the Contract Documents, are further limited and described as follows:
A. General: RPR is HWC's agent at the Site, will act as directed by and under the
supervision of HWC, and will confer with HWC regarding RPR's actions. RPR's
dealings in matters pertaining to the Contractor's work in progress shall in general be
with HWC and Contractor, keeping CLIENT advised as necessary. RPR's dealings with
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Appendix"A"
Page 1 of 5
subcontractors shall only be through or with the full knowledge and approval of
Contractor. RPR shall generally communicate with CLIENT with the knowledge of and
under the direction of HWC.
B. Schedules: Review the progress schedule, schedule of Shop Drawing and
Sample submittals, and schedule of values prepared by Contractor and consult with
HWC concerning acceptability.
C. Conferences and Meetings: Attend meetings with Contractor, such as
preconstruction conferences, progress meetings, job conferences and other project-
related meetings, and prepare and circulate copies of minutes thereof.
D. Liaison:
i. Serve as HWC's liaison with Contractor, working principally through
Contractor's superintendent and assist in understanding the intent of the
Contract Documents.
ii. Assist HWC in serving as CLIENT's liaison with Contractor when
Contractor's operations affect CLIENT's On-Site operations.
iii. Assist in obtaining from CLIENT additional details or information, when
required for proper execution of the Work.
E. Interpretation of Contract Documents: Report to HWC when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued by HWC.
F. Shop Drawings and Samples:
i. Record date of receipt of Samples and approved Shop Drawings.
ii. Receive Samples which are furnished at the Site by Contractor and notify
HWC of availability of Samples for examination.
iii. Advise HWC 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 HWC.
G. Modifications: Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and report with RPR's recommendations to HWC.
Transmit to Contractor in writing decisions as issued by HWC.
H. Review of Work and Rejection of Defective Work:
i. Conduct on-Site observations of Contractor's work in progress to assist
HWC in determining if the Work is in general proceeding in accordance
with the Contract Documents.
ii. Report to HWC 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 prejudice 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 HWC of that part of work in progress that RPR believes should
be corrected or rejected or should be uncovered for observation, or
required special testing, inspection or approval.
I. Inspections, Tests, and System Startup:
i. Consult with HWC in advance of scheduled major inspections, tests, and
systems startups of important phases of the Work.
ii. Verify that tests, equipment, and systems start-ups and operating and
maintenance training are conducted in the presence of appropriate
CLIENT's personnel, and that Contractor maintains adequate records
thereof.
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Appendix"A"
Page 2 of 5
iii. Observe, record, and report to HWC appropriate details relative to the test
procedures and systems startups.
iv. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these
inspections, and report to HWC.
J. Records:
i. 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 Contract,
HWC'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.
ii. 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 HWC.
iii. Record names, addresses and telephone numbers of all Contractors,
subcontractors, and major suppliers of materials and equipment.
iv. Maintain records for use in preparing Project documentation.
v. Upon completion of the Work, furnish original set of all RPR Project
documentation to HWC.
K. Reports:
i. Furnish to HWC 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.
ii. Draft and recommend to HWC proposed Change Orders, Work Change
Directives, and Field Orders. Obtain backup material from Contractor.
iii. Furnish to HWC and CLIENT copies of all inspection, test, and system
startup reports.
iv. Report immediately to HWC the occurrence of any Site accidents, any
Hazardous Environmental Conditions, emergencies, or acts of God
endangering the Work, and property damaged by fire or other causes.
L. Payment Requests: Review Applications for Payment with Contractor for compliance
with the established procedure for their submission and forward with
recommendations to HWC, 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.
M. 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 Specifications 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
HWC for review and forwarding to CLIENT prior to payment for that part of the Work.
N. Completion:
i. Before HWC issues a Certificate of Substantial Completion, submit to
Contractor a list of observed items requiring completion or correction.
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Appendix"A"
Page 3 of 5
ii. Observe whether Contractor has arranged for inspections required by
Laws and Regulations, including but not limited to those to be performed
by public agencies having jurisdiction over the Work.
iii. Participate in a final inspection in the company of HWC, CLIENT, and
Contractor and prepare a final list of items to be completed or corrected.
iv. Observe whether all items on final list have been completed or corrected
and make recommendations to HWC concerning acceptance and
issuance of the Notice of Acceptability of the Work.
0. Resident Project Representative shall not:
i. Authorize any deviation from the Contract Documents or substitution of
materials or equipment(including"or-equal" items).
ii. Exceed limitations of HWC's authority as set forth in the Agreement or the
Contract Documents.
iii. Undertake any of the responsibilities of Contractor, subcontractors,
suppliers,or Contractor's superintendent.
iv. Advise on, issue directions relative to or assume control over any aspect
of the means, methods, techniques, sequences, or procedures of
Contractor's work unless such advice or directions are specifically
required by the Contract Documents.
v. Advise on, issue directions regarding, or assume control over safety
precautions and programs in connection with the activities or operations
of CLIENT or Contractor.
vi. Participate in specialized field or laboratory tests or inspections
conducted off-site by others except as specifically authorized by HWC.
vii. Accept Shop Drawing or Sample submittals from anyone other than
Contractor.
viii. Authorize CLIENT to occupy the Project in whole or in part.
Notations, Exceptions and Assumptions
This proposal is based on several critical assumptions, including:
1. Construction Staking is not included.
2. Construction Testing shall be provided by the contractor.
3. Material testing is not included in the services but can be provided at the CLIENT's
request.
4. Record Drawing preparation has not been included but can be provide at the CLIENT's
request.
5. Survey work, easement descriptions, subdividing/platting, trees surveys, ALTA/NSPS
survey, and as-Builts are not included in this scope of services.
6. Environmental study, wetland investigation, determination, and/or mitigation are not
included in this scope of services.
7. Construction cost estimates are not included in this scope of services.
8. Geotechnical engineering services are not included. Contractor will be required to
coordinate and provide any necessary geotechnical inspections during construction.
9. The coordination, preparation, negotiation, acquisition and staking of needed
easements shall be by others.
10.Legal services and/or representation at legal proceedings, including but not limited to
property re-zoning, plan commission submittals, etc. are not included.
11.Fees are based on all project phases bidding within a reasonably close timeframe and
all construction activities occurring for phases to proceed following the proceeding
phase.
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Appendix"A"
Page 4 of 5
12.Services within this Agreement are defined based on the general improvements outlined
within the Agreement.
13.Services resulting from additional requests by the CLIENT, changes of scope or
magnitude of the project as described above, changes made after the drawings are
substantially complete, and corrections or revisions required because of errors or
omissions in construction by the contractor are not included in this scope of services.
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Appendix"A"
Page 5 of 5
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 Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Appendix"B"
Page 1 of 1
APPENDIX "C"
NOTICE TO PROCEED AND SCHEDULE
All work by HWC under this Contract shall be completed and delivered to the City for review and
approval within the approximate time periods shown in the following submission schedule:
Activity Schedule
Contract Executed and Notice to Proceed March 2024
Preconstruction Meeting March 2024
Construction Inspection April 2024 - December 2025
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
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
Construction Inspection $1,083,000.00 Hourly, Not to Exceed
•
TOTAL $1,083,000.00 Hourly, Not to Exceed
Lump Sum Compensation: Lump Sum payment shall include all labor and expenses (for the scope of
work as defined in the agreement) incurred by HWC and shall not exceed the fixed payment amount
without prior authorization of the CLIENT. HWC shall submit monthly invoices to the CLIENT for the
estimated portion of the total services actually completed at the time of the billing. The value of the
lump sum services work completed is determined by multiplying the percentage of work completed by
the total fee established.
If additional engineering or other services, not listed within "Appendix "A" Services by HWC" related
section of this agreement,are requested in writing by the CLIENT, HWC shall receive payment for such
extra work, either by a lump sum fee determined and agreed to by the CLIENT and HWC prior to the
commencement of such work and in writing, or on an hourly basis plus reasonable expenses as
specified on the "Hourly Rates and Reimbursable Expenses Schedule" included herein.
The "Hourly Rates and Reimbursable Expenses Schedule" identified in this Agreement are subject to
change each December 31st without notification or modification to this Agreement.
City of Jeffersonville Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Appendix"D"
Page 1 of 2
HWC Engineering
2024 Hourly Billing Rates
Position Hourly Rate($)
Principal 250.00
Sr.Team Lead 230.00
Sr. Project Manager 210.00
Project Manager 180.00
Sr. Project Engineer 175.00
Project Engineer I 145.00
Project Engineer II 125.00
Sr. Designer/Technician 135.00
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 I 140.00
Project Surveyor II 120.00
Survey Crew Lead I 125.00
Survey Crew Lead II 100.00
Survey Member I 90.00
Survey Member II 75.00
Clerical Support 80.00
Inspection Manager 185.00
Sr. Inspector 140.00
Construction Inspector I 120.00
Construction Inspector II 110.00
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 Redevelopment Commission
Utica-Sellersburg and Charlestown-Jeffersonville Pike Reconstructions
Appendix"D"
Page 2 of 2