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HomeMy WebLinkAbout08-26-2002MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE, INDIANA AUGUST 26, 2002 Mayor Galligan called the meeting to order at 9:35 a.m. and on call of the roll those members present were: Councilperson Waiz and City Engineer Miller. Also present were: Safety Director Rodden, Wastewater Treatment Director Crawford, Administrator Rich Davis, Fire Chief Smith, Building Commissioner Gavin, City Attorney Galligan, Vehicle Maintenance Director Drury, Mayor Assistant White, Street Commissioner Grant, Planning and Zoning Director Padgett, Animal Shelter Office Manager Gartelman, Youth Coordinator Knight, Personnel Director Ellis~ Police Chief Pavey, Animal Shelter Director Wilder, Parks Director Elliott, Engineering Coordinator Dixon, and Deputy Clerk Lynne Mayfield. Mayor Galligan asked if there was anyone on the payroll that he or Personnel Director Ellis are not aware of. None being, Engineer Miller made the motion to approve the payroll as presented, seconded by Councilperson Waiz and carried unanimously. Engineer Miller made the motion to approve the minutes of 7-29-02 and 8-5-02 as presented, pending the City Attorney's approval of the Fire Truck contract, seconded by Councilperson Waiz and carried unanimously. OLD BUSINESS Councilperson Waiz told the Board that using the insurance rates given to the Board by Pepper Cooper last week for retired city employees he discovered that changing from a two tier plan to a four tier plan will cost the City more money. Councilperson Waiz said if Mr. Cooper could come in next week it could be discussed further. Mayor Galligan agreed. FROSTY TREATS Roger Pool appeared before the Board to request a peddler/vendor permit to sell ice cream from his truck. He has his Health Department permit. ChiefPavey said the only problem he has is with one of the drivers. Mr. Pool said he would replace the driver. Engineer Miller made the motion to approve the $25.00 peddler/vendor permit, seconded by Councilperson Waiz and carried unanimously. STREET CLOSURE Youth Coordinator Bev Knight asked the Board to approve closing the street between Court Avenue and Wall Street on Saturday, September 14, 2002 from 6 a.m. to 4 p.m. for a Three on Three Basketball Tournament. Councilperson Waiz made the motion to approve the street closure, seconded by Engineer Miller and carried unanimously. CHILDPLACE SIGN Councilperson Waiz made the motion to approve putting a Child place directional sign at Tenth Street at the end of the 265 ramp for Northside Church of Christ seconded by Engineer Miller and carried unanimously. COURT AVENUE AGREEMENT WITH 1NDOT City Attorney Galligan received the agreement with Indot and recommended that the Board approve it.. It is for construction and project management. It reflects our match to be approximately $228,000.00. We agree to oversee the construction and regulate the utilities and will comply with all Federal laws. Councilperson Waiz asked if the agreement states when the City has to come up with the funds. City Attorney Galligan said it does not but basically states that the City has the funds. Councilperson Waiz asked if the agreement could be revised to say that no funds xvould be paid this year. City Attorney Galligan said it could not. She said she has reviewed the contract but it cannot be changed. Councilperson Waiz asked about the time frame on the bids and Engineer Miller said it is probably 30 days but will know more after he has met with Indot on Thursday after Engineer Miller talks to Indot.. Councilperson Waiz asked if this could be held off until next week to get more information. Attorney Galligan said approval could not ~vait. Councilperson Waiz questioned when the funds are expected to be paid after the contract is awarded. He wants to be sure that no funds are required until after the first of next year. Mayor Galligan said he doesn't know when the funds will have to be disbursed. Engineer Miller made the motion to approve the contract, seconded by Mayor Galligan. Councilperson Waiz opposed. FAST EDDIE'S Mayor Galligan asked the status on Fast Eddie's citation. Building Commissioner Gavin said the fence is being painted but he still has a lot of things to be cleaned up in the yard. Engineer Miller asked about the old car that sits there with flat tires and said it needs to be moved. 218 KEWANNA Planning and Zoning Director Padgett told the Board that there were some previous issues with parking on the grass. The property owner was cited and given six months to comply by paving the parking area and they have not. Somewhere along the line the process has broken down. Planning and Zoning Director Padgett has spoken with the City Attorney and she recommends starting the process over again to make sure everything is in place. CONTRACT FOR ENGINEERING SERVICES FOR NEW FIRE STATION #4 City Attorney Galligan presented the contract to the Board for approval. She said there are a couple of clerical changes to be made. Councilperson Waiz questioned City Attorney Galligan about a meeting he had requested on this. Attorney Galligan said she, the Mayor, Councilperson Waiz and the engineers met. Councilperson Waiz said he did not meet with them because he wasn't invited. He said he called the day of the meeting to inquire as to the time they could meet and City Attorney Galligan told him the Mayor was meeting with the engineers as they spoke. Councilperson Waiz said he would come on down and Attorney Galligan said not to come because the Mayor and the engineers would probably be talking about some other things as well. City Attorney Galligan said she didn't know what he was talking about. City Attorney Galligan said she had already gotten Councilperson Waiz's comments in writing. Councilperson Waiz said his comments and concerns weren't addressed and that he had many. Attorney Galligan said the contract reflects the agreement with the engineers requiring an initial feasibility study, which will not exceed $25,000.00. It includes design and location. If the City decides to do the fire station we will have the option of hawna Hannum, Wagle, and Cline Engineering act as the engineers by doing inspections and bi-weekly progress meetings. They will receive as a result of that a fee of 8.2% of the median construction bid minus anything the City has paid for the first phase. She said the City may elect to allow the engineering company to do a design build lease-back alternative where they actually do the financing and then the City leases it back from them with an option to purchase at the end. Councilperson Waiz said it's been a month or two since he's read the contract but he had a problem with what the City would get for $25,000.00. He said it's basically a book with no detailed plans in it. He said another architect couldn't use the plans. Mayor Galligan said architects couldn't use each other's plans, as it is a violation of copyright. Councilperson Waiz asked if this could be added to the contract. Councilperson Waiz said he has other questions as well and would be more than happy to go over them with them this week. He said the point is that he went over the contract, made a list of questions, and he feels they weren't addressed. Mayor Galligan asked Councilperson Walz what his problems with the contract are. Waiz said he would need to look over the contract again. The meeting was recessed for about 15 minutes to allow Councilperson Waiz to look over the contract. Engineer Miller said that the City needs to move on with this and explore options for the new firehouse. Engineer Miller made the motion to approve the contract, seconded by Mayor Galligan. Councilperson Waiz opposed. DUMPSTER Nellie Knowland asked when another dumpster would be brought to her neighborhood. Street Commissioner Grant said it would be this Friday. Marvin Stephenson asked Engineer Miller when a ditch behind Pope Street would be taken care o£ Engineer Miller said the awnings have to be gotten rid of. Mr. Stephenson said they are gone. Engineer Miller told Mr. Stephenson to give him time to do this. BRINLEY-HARDY AT INDUSTRIAL PARK Councilperson Waiz asked Engineer Miller and the Mayor if they had started on the cleaning out of the drainage ditches. Waiz presented pictures. Mayor Galligan said a crew is working in that area and will look into. Engineer Miller said he would look into it also. There being no further discussion to come before the Board the motion was made by Engineer Miller to adjourn at,k0:40 a.m., seconded b City Engineer Miller and carried unanimously. ATTEST: CLERK T~.LY~?S URER CONTRACT .FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this _dayof ,2002, byand between the CityofJeffersonville, throughits Board of Public Works andSafety,(heremcalledthe OWNER )an Hannum, Wagle &Cline Engineering, 1000 South 14~ Street, Terse Hame, Indiana 47807 (herein called the "CONSULTANT"). WITNESSED: WHEREAS, the OWNER desires to construct a new building for the Jeffersonville Fire Department, and hereinafter &scn~oed as "the Project", and, WHEREAS, the OWNER desires to retain professional engineering, planning and architectural services required to properly plan, &sign and construct "the Project", and WHEREAS, the OWNER will &signate a building committee to assist both OWNER and CONSULTANT with the Project, and, WHEREAS, the CONSULTANT is qualified and prepared to perform the services required by the OWNER, and they agree to perform such work under the terms and conditions herein set forth, and, WHERE AS, the OWNER has funds available to reimburse the CONSULTANT for his billable services~ WHEREAS, the OWNER is authorized to enter into a contract, IT IS, THEREFORE, MUX~ALLY AGREED that the OWNER does hereby employ the CONSULTANT to perform the professional services specified herein and agrees to pay for such services the amounts hereinafter specified; and the CONSULTANT agrees to perform such services as are herein enumerated, as follows: ( SECTION I. The obligation and scope of services of the CONSULTANT under this contract shall be: Phase I: Feasibili~ Prepare and present schematic plans and cost estimates for the Project. Specific services to be provided include the following: 1. Conduct up to four planning meetings with a building committee to determine desired building size, layout and function. 2. Prepare a preliminary building floor plan for the fire station based on schematic drawings prepared bythe fire department. Present k to the building committee for review and comment. Revise the plan to incorporate comments made bythe building committee and re-submit for final approval 3. Prepare two options for exterior building elevations fo.r the building. Present, !t to, the building committee for review and comment. Rewse one plan as selectect t~yme Page 1 of 7 building committee to incorporate their comments and re-submit. 4. Perform a ske analysis for one site, as selected bythe City, up to one acre in size, to determine the feasibility of utilizing the site for a fire station. The review shall include an analysis of utility availability, topography, wetlands, floodplain, zoning restrictions and traffic patterns. A topographical survey of the site is not included. This shall be furnished to the CONSULTANT bythe OWNER, or shall be performed in a later phase of the Project. 5. For the selected site, prepare two options for proposed site layout plans. Present the preliminary site plans to the building committee for review and comment. Revise one plan as selected bythe building committee to incorporate their comments and re-submit for final approval. 6. Coordinate a geotechnical investigation at the selected site. This service will be contracted directly between the City and a geotechnical engineering firm. 7. Prepare a project budget including an estimated construction cost of the facilities and estimates of non-construction expenditures. A budget shall be prepared for both a Design/Build/Lease-Back approach and for a conventional architect/general contractor bid method. 8. Prepare an 11'x17' perspective color rendering of the facility for the elevation option selected by the building committee. 9. Prepare a brief written report summarizing the results of the study. 10. Present four copies of the draft report and two copies of the final report to the building committee. Additional copies shall constitute exvaa services. Phase II: Construction Documents & Observation If after consideration of the findings presented in Item A, the OWNER elects to pu~ue the conventional architect/general contractor bid method to complete the project, CONSULTANT shall provide services as follows: · Based on the approved preliminary plans the CONSULTANT shall prepare, for approval by the OWNER, construction documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the project and shall advise the OWNER of any adjustments to previous preliminary estimates of construction cost. · The CONSULTANT shall assist the OWNER in connection with the OWNER's responsibility for rifling documents required for the approval of governmental authorities having jurisdiction over the project. · The CONSULTANT, following the OWNER's approval of the construction documents and of the latest preliminary estimate of construction cost, shall assist the OWNER in obtaining bids and assist in awarding and preparing contracts for construction. · The CONSULTANT shall provide a construction observer to observe construction periodically, as needed, and participate in regular construction progress meetings, commencing with the award of the contract and terminating upon completion of the project. It is anticipated byboth parties that this will require a semi-monthlysite visit by the CONSULTANT followed by a construction progress meeting with the OWNER. If additional observation, and or construction progress meeting are required theywill be considered additional services applicable under Section II B) of this agreement. Page 2 of 7 Phase III: Design, Build, and Lease the Project to the OWNER If after consideration of the findings presented in Item A, the OWNER elects to pursue the Design, Build and Lease-back method to complete the Project, the CONSULTANT shall design, build, coordinate financing and lease the project to the OWNER. Should OWNER select this alternative, services specified in Items B (Construction Documents and Obversation) will be provided to the OWNER bythe CONSULTANT as part of the basic services in the Item C lease cost. SECTION II. The obligation of the OWNER under this contract shall be: To pay the CONSULTANT as compensation for such professional services under Section I, Items A, B, and C as follows: Item A- Item B - Item C- Will be performed on an hourly rate basis not-to-exceed twenty-five thousand dollars ($25,000.00), Hourly Rate Schedule Attache& A fee equal to 8.2% of the median construction bid or in the event that bids are not received, the engineer's estimate. (Minus any fees already paid to CONSULTANT under Item A, above.) Fees paid for bythe OWNER for the basic scope of services performed under Item A shall be deducted from the amount due to the Consultant for Item B services. As presented and agreed to by the OWNER upon selection of the Design Build/Lease Back alternative. To pay the CONSULTANT for any additional services as directed in writing bythe OWNER at a fee based upon actual hours and expenses incun-ed per the attached Hourly Rate Schedule. SECTION III. IT IS FURTHER MUTUALLY AGREED BY THE OWNER AND THE CONSULTANT: A) That if any work covered by this contract is minus any fees already paid to CONSULTANT under Item A, above, suspended, abandoned, or terminated bythe OWNER, the OWNER shall paythe CONSULTANT for the services rendered on account of k; the payment to be based as far as possible on the fee established by this contract; or where the contract cannot be applied, then the basis shall be Salary Cost plus Overhead (140% times salarycost), plus profit (15%) and incurred reimbursable expenses. Page 3 of 7 B) That no assignment of this contract or of any interest therein shall be binding upon either party hereto without the written consent of the other party. That the CONSULTANT shall endorse all plans, studies, specifications, estimate and engineering data furnished by him. Services will be invoiced monthlyduring the process of the work Such invoices shall represent the value of the completed work based on the proportion which it's percentage of completion bears to the total costs of the fully completed work or the actual hours worked and expenses incurred. OWNER shall pay invoices within thirty (30) days. z) If OWNER fails to make any paymem due CONSULTANT within 60 days of services and expenses and funds are available for the project, then the CONSULTANT shall be entitled to a service charge of 1-1/2% per month from the date of the invoice. This is an annual rate of 18%. EXTENSION OF PROTECTION - The OWNER agrees to extend any and all liability limitations and indemnification provided by the OWNER to the CONSULTANT to those individuals and entities the CONSULTANT retains for performance of the services under this Agreement, inchding but not limited to the CONSULTA1NTs officers and employees and their hem and assigns, as well as the CONSULTANT's subconsultants and their officers, employees, heirs, and assigns. ALFIIfORITY AND RESPONSIBILITY- The CONSULTANT shall not guarantee the WOrk of any Contractor of Subcontractor, shall have no authority to stop work, shall have no supervision or control as to the work or persons doing the work shall not have charge of the work, shall not be responsible for safety in, on, or about the job ske or have any control of the safety or adequacy of any equipment, building component, scaffolding, supports, forms or other work aids, and shall have no duties or responsibilities imposed by the Structural Work Act. CHANGED CONDITIONS - The OWNER shall seekto concur with the CONSULTANT's judgement as to the continued adequacyof this Agreement in light of occurrences or discoveries that were not originally contemplated by or know to the CONSULTANT. Should the CONSULTANT call for Agreement renegotiadon, the CONSULTANT shall identify the change conditions necessitating renegotiation and the CONSULTANT and the OWNER shall prompdy and in good faith enter into renegotiation of this Agreement. If terms cannot be agreed to, the pardes agree that either partyhas the absolute right to terminate this Agreement. REUSE OF DOCUMENTS- All documents including Drawings and Specifications prepared or furnished by CONSULTANT (and CONSULTANTs independent professional associates and consultants) pursuant to this Agreement are insmm~ents of service in respect of the Project and CONSULTANT shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on any other project. Any reuse without written verification or adoption by CONSULTANT for the specific purpose intended will be at OWNER's sole risk and without liability or legal Page 4 of 7 exposure to CONSULTANT, or to CONSULTANTs independent professional associates or comultants and OWNER shall indemnify and hold harmless CONSULTANT and CONSULTANTs independent professional associates or comultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adoption will entitle CONSULTANT to further compensation at rotes to be agreed upon by OWNER and CONSULTANT. OPINIONS OF PROBABLE COST- Since CONSULTANT has no control over the cost of labor, materials, equipment or serqices furnished by others, or over the Contractor(s)' methods of deten2ining prices, or over competitive bidding or market conditions, CONSULTANT's opinions of probable Total Project Costs and Construction Cost are to be made on the basis of CONSULTANT's experience and qualifications and represent CONSULTANTs best judgement as an experienced and qmllfied professional CONSULTANT, familiar with the construction industry; but CONSULTANT cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by CONSULTANT. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator. CONSULTANT's services to modifythe Contract Documents to bring the Coustmction Cost within any limitation established by OWNER will be considered Additional Services and paid for as such by OWNER. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon thirty days written notice. In the even of any termination, CONSULTANT will be paid for all services rendered to the date of termination as set out in SECTION III. A), above. IN TESTIMONYWHEREOF, the parties hereto have executed this Agreement, the dayandyear first above mentioned. Page 5 of 7 CONSULTANT: HANNUM, WAGLE & CLINE, ENGINEERING OWNER: CITY OF JEFFERSONVILLE BY.' Ralph E. Wagle, P.E. Vice President Date: Date: ATTEST: ATTEST: BY.' Datek Date: Page 6 of 7 2002 HOURLY RATE SCHEDULE Principal Senior Project Manager Project Manager Project Engineer Architect Registered Land Surveyor Designer/Technician Draftsman Planner Clerical/Support Construction Inspector I Construction Inspector II Survey Crew Leader Survey Crew Member I Survey Crew Member II 2-Man Survey Crew 3-Man Survey Crew $135.00/Hr. $125.00/Hr. $95.00/Hr. $80.00/Hr. $82.00/Hr. $70.00/Hr. $60.00/Hr. S50.00/Hr. $70.00/~'. $35.00/Hr. $63.00/Hr. $48.00/Hr. $65.007Hr. $45.00/Hr. $30.00/Hr. $110.00/Hr. $140.00/Hr. REIMBURSABLE EXPENSES · Direct Travel Expeme - including mileage, $.365/mile (or the current rote all°wed bY the IRS)' air fare' car rental' lodging, meals, large blueprint and copying runs, etc. These rates are for services performed during the 2002 calendar year. · Bluellne prints at $.375 per square foot. · Plots at $2.00 per square foot. · Copies at $.10 per sheet. · Actual cost of long distance telephone calls, expen~se charges, photographs and postage. · Actual cost of survey stakes, flagging, etc. · Expemes will be billed at cost plus a 10% administrative fee. · Hours worked in excess of 8 hours per day or 40 hours per weekwill be billed at an °vertime rote °f 1'5 times the rates listed for non-exempt employees. Page 7 of 7 CONTRACT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this _day of ,2002, by and between the City of Jeffersonville, through its Board of Public Works and Safety, (herein called the "OWNER") and Hannum, Wagle & Cline Engineering, 1000 South 14~ Street, Terre Hame, Incli~na 47807 (herein called the "CONSULTANT'). WITNESSED: WHEREAS, the OWNER desires to construct a new building for the Jeffersonville Fire Department, and hereinafter described as "the Project", and, WHEREAS, the OWNER desires to retain professioml engineering, ptannkg and architectural services required to properlyplan, design and construct "the Project", and WHEREAS, the OWNER will designate a building committee to assist both OWNER and CONSULTANT with the Project, and, WHEREAS, the CONSULTANT is qualified and prepared t° perform the services required by the OWNER, and they agree to perform such work under the terms and conditions herein set forth, and, WHEREAS, the OWNER has funds available to reimburse the CONSULTANT for b_is billable sereices, WHEREAS, the OWNER is authorized to enter into a contract, IT IS, THEREFORE, MUTUALLY AGREED that the OWNER does hereby employ the CONSULTANT to perform the professional services specified herein and agrees to pay for such services the amounts hereinafter specified; and the CONSULTANT agrees to perform such services as are herein enumerated, as follows: d SECTION I. The obligation and scope of services of the CONSULTANT under this contract shall be: Phase I: Feasibili .tyStudy Prepare and present schematic plans and cost estimates for the Project. Specific services to be provided include the following: 1. Conduct up to four planning meetings with a building committee to determine desired building size, layout and function. 2. Prepare a preliminary building floor pkn for the fire station based on schematic drawings prepared bythe fire department. Present k to the building committee for review and comment. Revise the plan to incorporate comments made bythe building committee and re-submit for final approval Prepare two options for exterior building elevations for the building. Present k to the building committee for review and comment. Revise one plan as selected bythe Page 1 of 7 building committee to incorporate their comments and re-submit. 4. Perform a site analysis for one site, as selected bythe City, up to one acre in size, to &termine the feasibility of utilizing the site for a fire station. The review shall include an analysis of utility availability, topography, wetlands, floodplain, zoning restrictions and traffic patterns. A topographical survey of the ske is not included. This shall be furnished to the CONSULTANT bythe OWNER, or shall be performed in a later phase of the Project. 5. For the selected site, prepare two opdons for proposed site layout plans. Present the preliminary site plans to the building committee for review and comment. Revise one plan as selected bythe building committee to incorporate their comments and re-submit for final approval. 6. Coordinate a geotechnical investigation at the selected site. This service will be contracted directly between the City and a geotechnical engineering firm. 7. Prepare a project budget including an estimated construction cost of the facilities and estimates of non-construction expenditures. A budget shall be prepared for both a Design/Build/Lease-Back approach and for a conventional architect/general contractor bid method. 8. Prepare an 11"x17" perspective color rendering of the facility for the elevation option selected by the building committee. 9. Prepare a brief written report summarizing the results of the study. 10. Present four copies of the draft report and two copies of the final report to the building committee. Additional copies shall constitute extra services. Phase II: Constmction Documents & Observation If after consideration of the findings presented in Item A, the OWNER elects to pursue the conventional architect/general contractor bid method to complete the project, CONSULTANT shall provide services as follows: Based on the approved preliminary plans the CONSULTANT shall prepare, for approval by the OWNER, constmcdon documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the project and shall advise the OWNER of any adjustments to previous preliminary estimates of construction cost. · The CONSULTANT shall assist the OWNER in connection with the OWNER's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the project. · The CONSULTANT, following the OWNER's approval of the constmcdon documents and of the latest preliminary estimate of construction cost, shall assist the OWNER in obtaining bids and assist in awarding and preparing contracts for constmction. · The CONSULTANT shall provide a constmcdon observer to observe construction periodically, as needed, and participate in regular construction progress meetings, commencing with the award of the contract and t. ermina, ting upo. n comp, led.on o.f.t,he project. It is anticipated byboth parties that this will reqtttre a sen~-montmys~te v~s~t oy the CONSULTANT followed bya construction progress meeting with the OWNER. If additional observation, and or construction progress meeting are required theywill be considered additional services applicable un&r Section II B) of this agreement. . Page 2 of 7 phase III: Design. Build, and Lease the Project to the OWNER If~ter consideration of the findings presented in Item A, the OWNER elects to pursue the Design, Bttild and Lease-back method to complete the Project, the CONSULTANT shall design, build, coordinate financing and lease the project to the OWNER. Should OWNER select this alternative, services specified in Items B (Construction Documents and Obversation) will be provided to the OWNER bythe CONSULTANT as part of the basic services in the Item C lease cost. SECTION II. The obligation of the OWNER under this contract shall be: To pay the CONSULTANT as compensation for such professional services under Section I, Items A, B, and C as follows: Item A- Item B - Item C- W~tl be performed on an hourly rate basis not-to-exceed twenty-five thousand dollars ($25,000.00), HoudyRate Schedule Attache& A fee equal to 8.2% of the median construction bid or in the event that bids are not received, the engineer's estimate. (lVlinns any fees already paid to CONSULTANT under Item A, above.) Fees paid for bythe OWNER for the basic scope of services performed under Item A shall be deducted from the amount due to the Consultant for Item B services. As presented and agreed to by'the OWNER upon selection of the Design Build/Lease Back alternative. B) . To paythe CONSULTANT f°r anyadditi°nal services as directed in writing bythe OWNER at a fee based upon actual hours and expenses incurred per the attached Hourly Rate Schedule. SECTION III. IT IS FURTHER MUTUALLY AGREED BY THE OWNER AND THE CONSULTANT: A) That if any work covered by this contract is minus any fees already paid to CONSULTANT under Item A, above, suspended, abandoned, or terminated bythe OWNER, the OWNER shall pay the CONSULTANT for the services rendered on account of k; the payment to be based as far as possible on the fee established bythls contract; or where the contract cannot be applied, then the basis shall be SalaryCost plus Overhead (140% times salarycost), plus profit (15%) and incurred reimbursable expenses. Page 3 of 7 B) That no assignment of this contract or of anymterest therein shall be binding upon either party hereto without the written consent of the other party. That the CONSULTANT shall endorse all plans, studies, specifications, estimate and engineering data furnished by lfim. Services will be invoiced monthly during the process of the work Such invoices shall represent the value of the completed work based on the proportion which it's percentage of completion bears to the total costs of the fully completed work or the actual hours worked and expenses incurred. OWNER shall pay invoices within thirty 0©) days. If OWNER fails to make any payment due CONSULTANT within 60 days of services and expenses and funds are available for the project, then the CONSULTANT shall be entitled to a service charge of 1-1/2% per month from the date of the invoice. This is an annual rate of 18%. EXTENSION OF PROTECTION- The OWNER agrees to extend any and all liability limitations and indemnification provided by the OWNER to the CONSULTANT to those individuals and entities the CONSULTANT retains for performance of the services under this Agreement, including but not limited to the CONSULTANTs officers and employees and their heirs and assigns, as well as the CONSULTANT's subconsultants and their officers, employees, heirs, and assigns. AUTHORITY AND RESPONSIBILITY- The CONSULTANT shall not guarantee the work of any Contractor of Subcontractor, shall have no authority to stop work, shall have no supervision or control as to the work or persons doing the work, shall not have charge of the work, shall not be responsible for safety in, on, or about the job site or have any control of the safety or adequacy of any equipment, building component, scaffolding, supports, forms or other work aids, and shall have no duties or responsibilities imposed by the Structural Work Act. CHANGED CONDITIONS- The OWNER shall seek to concur with the CONSULTANT's judgement as to the continued adequacy of this Agreement m light of occurrences or discoveries that were not originally contemplated by or know to the CONSULTANT. Should the CONSULTANT call for Agreement renegntiation, the CONSULTANT shall identify the change conditions necessitating renegotiation and the CONSULTANT and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement. REUSE OF DOCUMEN~ - All documents including Drawings and Specifications prepared or furnished by CONSULTANT (and CONSULTANT's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project and CONSULTANT shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on any other project. Any reuse without written verification or adoption by CONSULTANT forv~;~: the specific purpose intended will be at OWNER's sole risk and without liability or legal Page 4 of 7 exposure to CONSULTANT, or to CONSULTANTs independent professional associates or consultants and OWNER shall indemnify and hold harmless CONSULTANT and CONSULTANTs independent professional associates or consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom Any such verification or adoption will entitle CONSULTANT to further compensation at rates to be agreed upon by OWNER and CONSULTANT. OPINIONS OF PROBABLE COST- Since CONSULTANT has no control overt_he cost of labor, materials, equipment or services furnished byothers, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, CONSULTANT's opinions of probable Total Project Costs and Construction Cost are to be made on the basis of CONSULTANT's experience and qualifications and represent CONSULTANT's best judgement as an experienced and qualified professional CONSULTANT, familiar with the construction industry; but CONSULTANT cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by CONSULTANT. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator. CONSULTANTs services to modifythe Contract Documents to bring the Construction Cost within any limitation established by OWNER will be considered Additional Services and paid for as such by OWNER. TERMINATION- The obligation to provide further services under this Agreement may be terminated by either party upon thirty days written notice. In the even of any termination, CONSULTANT will be paid for all services rendered to the date of termination as set out in SECTION III. A), above. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement, the dayand year first above mentioned. Page 5 of 7 HANNUM, WAGLE & CLINg, ENGINEERING OWNEt~ CITY OF JEFFERSONVILLE BY.' Ralph E. Wagle, P.E. Vice President Datec Date: ATTEST: ATI'EST: BY.' Date: Date: Page 6 of 7 2002 HOURLY RATE SCHEDULE Pfncipal Senior Project Manager Project Manager Project Engineer Architect $135.00/Hr. $125.00/Hr. $95.00/Hr. $80.00/Hr. $82.00/Hr. Registered Land Surveyor Designer/Technician Draftsman Phnner CJericaVSupport Construction Inspector I Construction Inspector II Survey Crew Leader Survey Crew Member I Survey Crew Member II 2-Man Survey Crew 3-Man Survey Crew $70.00/Hr. $60.00/Hr. $50.00/Hr. $70.00/Hr. $35.00/Hr. $63.00/Hr. $48.00/Hr. $65.00/Hr. $45.00/Hr. $30.00/Hr. $110.00/Hr. $140.00/Hr. REIMBURSABLE EXPENSES · Direct Travel Expense - including mileage, $365/mile (or the current rate all°wed bythe IRS)' air fare' car rentfl' lodging, meals, large blueprint and copying hms, etc. These rates are for services performed during the 2002 calendar year. · Blueline prints at $.375 per square foot. · Plots at $2.00 per square foot. · Copies at $.10 per sheet. · Actual cost of long distance telephone calls, expense charges, photographs and postage. · Actual cost of survey stakes, flagging, etc. · Expenses will be billed at cost plus a 10% administrative fee. · Hours worked in excess of 8 hours per day or 40 hours per weekwill be billed at an °vertime rate °f 1'5 tlmes the rates listed for non-exempt employees. Page 7 of 7