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HomeMy WebLinkAboutHWC Engineering City of Jeffersonville Government Contract Coversheet Please note: All information MUST be completely filled out and submitted to Clerk's Office 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 Is this an amendment or change order to original contract? Yes or No Amended Contract Amount: 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 Page 4 of 9 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