HomeMy WebLinkAboutHannum, Wagle & ClineCONTRACT FO~K ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this~t~y of _/Q~,~ , 2002, by and between the
City of Jeffersonville, through its Board of Publ/c Works and Safety, (herein called the "oWNER") and
Hannum, Wagle & Cline Engineering, 1000 South 14th Street, Term Haute, Indiana 47807 (hereJ~a called
the "CONSULTANT").
WITNESSED:
WHEREAS, the OWNER desires to construct a new building for the jeffersonville Fire
Departmenr, and hereinafter described as "the Proiect", and,
WHEREAS, the OX,VNER desires to retain professional engineering, plarming and ~cb_itecrural
serwces required to properly plan, design and construct "the Project", and
WHEREAS, the oWNER will designate a building committee to assist both OWNER and
CONSULTANT with the Proiecr, and,
WHEREAS, the CONSULTANT is qualified and prepared to perform the sermces required by
the OX~VNER, 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 h~s billable
services,
WHEREAS, the OWNER is authorized to enter into a contracr,
IT IS, THEREFORE, MUTUALLY AGREED that the O*VNER 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 !: Feasibility. Study
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 corm'mtree to determine
desired building size, layout and function.
2. Prepare a preliminary bui.ldLng floor plan for the fire station based on schematic
draxvings prepared by the fire department. Present ~r to the building comrrdtree for
review and comment. Revise the plan to incorporate comments made by the
building committee and re-submit for final approval.
3. Prepare two options for exterior building elevations for the buildJ-ng. Present it to
the building committee for review and comment. Revise one plan as selected by the
building committee to incorporate their comments and re-submit.
4. Perform a site analysis for one site, as selected by the City, up to one acre in size, to
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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 by the OWNER, or shall be
performed in a later phase of the Prniect.
5. For the selected site, prepare t~vo options for proposed site layout plans. Present the
prelLminary site plans to the building committee for review and comment. Revise
one plan as selected by the building committee to incoq~orate their corn_merits and
re-submit for final approval.
6. Coordinate a geotechnical investigation at the selected site. This service will be
contracted clkectly between the City and a geotechnical engineering finn.
7. Prepare a proiect budget including an estimated conswaction cost of the facilities and
estimates of non-construction expendituxes. A budget shall be prepared for both a
Design/Build/Lease-Back approach and for a convenuonal architect/general
contractor bid method.
8. Prepare an 11,,x17,, perspective color rendering of the facility f°r the elevati°n
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 t~.e
building committee. Additional copies shall constitute extra services.
B) P_hase II: Conswacfion Documents & Observanoa
If after consideranon' of the findings presented in Item A, the OWNER elects to pursue the
conventional architect/general contractor bid method to complete the proiect,
...... 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
· for the construction of the project
specifications setting forth in detail the requ.~rements preliminary estimates of
and shall advise the oWNER of any adiustments to previous
construcnon cost.
· The CONSULTANT shall assist the OWNER in connection ,vith the o\VNER's
responsibility' for frling documents required for the approval of governmental authormes
having jurisdiction over the project.
· The CONSULTANT, following the OWNER's approval of the constrUCtion
documents and o{ the latest prelLminary esdmate of consrmction cost, sba!2 assist the
OX,VNER in obtaining bids and assist in awarding and preparing contracts for
· 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 uP°n C°nm~esfii~env~'sfitt~,e,
project. It i~anticipated by both parties that this will require a semi-mon y
the CONSULTANT followed by a construction progress meeting with the OWNER.
If additional observation, and or construction progress meeting are required they will be
considered adclldonal services applicable under Section II B) of this agreement.
to the OWNER_
s to pursue theLease the Project
C) Phase III: Design, Bttild, and
If after consideration of the findings presented m Item A, the oWNER elec
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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 t3 (Construction Documents and
Observation) will be provided to the OWNER by the CONSULTANT as part of the basic
seo~Sces in the Item C lease cost.
SECTION II. The obligation of the OWNER under this contract shall be:
A) To pay the CONSULTANT as compensation for such professional services under Section I,
Items A, t3, and C as follows:
Item A - Will be performed on an hourly rate basis not-to-exceed twenty-five thousand
dollars ($25,000.00), Hourly Rate Schedule Attached.
Item I3 - 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 by the OWNER for the
basic scope of services performed under Item A shall be deducted from the
amount due to the Consultant for Item ]3 services.
Item C - As presented and agreed to by the OWNER upon selection of the Design
Build/Lease 13ack alternative.
B) To pay the CONSULTANT for any additional services as directed in writing by the OWNER at
a fee based upon actual hours and expenses incurred per the attached Hourly Rate Schedule.
'S~ECTION III. IT IS FURTHER MUTUALLY AG1LEED BY THE OWNER AND THE
CONSULTANT:
A) That if any xvork covered by this contract is suspended, abandoned, or terminated by the
OWNER, the OWNER shall pay the CONSULTANT for the services rendered on account
of k, minus any fees akeady paid to CONSULTANT under Item A, above. The payment
shall 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 salary
cost), plus profit (15%) and incurred reimbursable expenses.
B) That no assignment of this contract or of any interest therein shall be binding upon either patty
hereto without the written consent of the other party.
C) That the CONSULTANT shall endorse all plans, studies, specifications, estimate and
engineering data furnished by him.
D) Services will be invoiced monthly during the process of the xvork. Such invoices shall represent
the value of the completed work based on the proportion that 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.
E) If OWNER fails to make any payment due CONSULTANT within sLxty (60) days of
OWNER'S receipt of invoice, and funds are available for the proiect, then the CONSULTANT
shall be entitled to a service charge of 1-1/2% per month from the date of the invoice. This is
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J)
an annual rate of 18%.
EXTENSION OF PROTECTION - The OWNER agrees to extend any and all liability
limitations and indemnification provided by the OV~NER 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 CONSULTANT's officers and employees and their
heirs and assigns, as well as the CONSULTANT's subconsultants and thek 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 ~afety in, on, or about the iob 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 CONSUI~TANT'S
judgment as to the continued adequacy of this Agreement m light of occurrences or discovemes
that were not originally contemplated by or know to the CONSULTANT. Should the
CONSULTANT call for Agreement renegotiadon, the CONSULTANT shall idendfy the
changed conditions necessitating renegudafion 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 DOCUMENTS - All documents including Draxvings 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 O~rNER 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
exposure to CONSULTANT, or to CONSULTANT's independent professional associates or
consultants and OX,VNER 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 entide CONSULTANT to further compensation at rotes to be
agreed upon by Ox,VNER and CONSULTANT.
OPINIONS OF PROBABLE COST - Since CONSULTANT has no control over the cost of
labor, materials, equipment or services furnished by others, or over the Contractor(s) method
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 judgm.ent
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
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CONSULTANT. If, prior to the Bidding or NegoUating Phase, OWNER wishes greater
assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost
estimator. CONSULTANT's services to moclif7 the Contract Documents to bring the
Construction Cost within any limitation establ/shed 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
ter~rdnated by either party upon thirty days written notice. In the even of any tern~aation,
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 day and
year first above mentioned.
CONSULTANT:
HANNUM, WAGLE & CLINE, ENGINEERING
BY: ./~alph E. J~agle, P.E., Vice President
OWNER:
CITY OF JEFFERSONVILLE
Thomas R. Galiigan,
' Date:.
ATTEST:
ATTEST:
Peggy Wilder, Clerk-Treasurer
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Principal
Senior Project Manager
Project Manager
Project Engineer
Architect
Registered Land Surveyor
Designer/Technician
Draftsman
Planner
Clerical/Support
Construction Inspector I
' C'0ri~tmcdon Inspector II
Survey Crew Leader
Survey Crew Member I
Survey Crew Member II
2-Man Survey Crecy
3-Man Survey Crew
2002 HOURLY RATE SCHEDULE
$135.00/Hr.
$125.00/Hr.
$95.00/Hr.
$80.00/Hr.
$82;00/Hr.
$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.
gl 10.00/Hr.
$140.00/Hr.
REIMBURSABLE EXPENSES.
· Direct Travel Expense - incluc[~ng mileage, $.365/rrfile (or the current rate allowed 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.
· Blueline prints at $.375 per square foot.
· Plots at $2.00 per square foot.
· Copies at $.10 per sheet.
· B_cma[ cost of long distance telephone calls, expense charges, photographs and postage.
· Actual cost of survey stakes, flaggixtg, etc.
' · Expenses will be billed at cost plus a 10% admkfistrative 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-exempi employees.
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