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Home My WebLink AboutHannum Wagle & Cline Engineering, Inc./ENG/$25,000/Main Street Water Main ReplacementCzTfshfzHsfdivlijobu4;11qn-Efd16-3133 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E Hannum Wagle & Cline Engineering, Inc. Utilities Department - 2022 Appropriation # 01-6310-08 Fund; P.O.#W10137 Contract Not To Exceed $25,000.00 SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 01-6310-08 funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City’s behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Twenty Five Thousand Dollars ($25,000.00) (the “Estimate”). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City’s receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City’s prior written consent. S:\\Contracts\\Departments\\Utilities\\2022\\Hannum Wagle & Cline Engineering, Inc. Professional Services.docx:11/29/2022 10:01 AM\] 2 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E Hannum Wagle & Cline Engineering, Inc. Utilities Department - 2022 Appropriation # 01-6310-08 Fund; P.O.#W10137 Contract Not To Exceed $25,000.00 SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2022, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days’ notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional’s receipt of City’s “Notice to Cease Services.” 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Utilities\\2022\\Hannum Wagle & Cline Engineering, Inc. Professional Services.docx:11/29/2022 10:01 AM\] 3 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E Hannum Wagle & Cline Engineering, Inc. Utilities Department - 2022 Appropriation # 01-6310-08 Fund; P.O.#W10137 Contract Not To Exceed $25,000.00 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2) Claims for damages because of bodily injury and personal injury, including death, and; 3) Claims for damages to property. Professional's insurance shall be not less than the amounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage to Rented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal and Advertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident C. Excess/Umbrella Liability $2,000,000 (each occurrence and aggregate) S:\\Contracts\\Departments\\Utilities\\2022\\Hannum Wagle & Cline Engineering, Inc. Professional Services.docx:11/29/2022 10:01 AM\] 4 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E Hannum Wagle & Cline Engineering, Inc. Utilities Department - 2022 Appropriation # 01-6310-08 Fund; P.O.#W10137 Contract Not To Exceed $25,000.00 D. Worker's Compensation & Disability Statutory E. Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit F. Professional Liability Insurance. The Professional shall carry and maintain during the continuance of this Agreement, professional liability insurance in the amount of 2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's policy of insurance shall contain prior acts coverage sufficient to cover all Services performed by the Professional for this Project. Upon City's request, Professional shall give prompt written notice to City of any and all claims made against this policy during the period in which this policy is required to be maintained pursuant to this Agreement. If the insurance is written on a claims-made basis and coverage is cancelled at any time, the Professional will obtain, at its cost, an extended reporting endorsement which provides continuing coverage for claims based upon alleged acts or omissions during the term of the Agreement until all applicable statute of limitation periods have expired. 7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an additional insured," showing such coverage then in force (but not less than the amount shown above) shall be filed with City prior to commencement of any work. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City. 7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for those specified if the total amount of required protection is not reduced. Professional shall be responsible for all deductibles. 7.5.4Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of Professional to the above enumerated amounts. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City’s property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional’s sole cost and expense. S:\\Contracts\\Departments\\Utilities\\2022\\Hannum Wagle & Cline Engineering, Inc. Professional Services.docx:11/29/2022 10:01 AM\] 5 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E Hannum Wagle & Cline Engineering, Inc. Utilities Department - 2022 Appropriation # 01-6310-08 Fund; P.O.#W10137 Contract Not To Exceed $25,000.00 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional’s warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional’s performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals’ required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Utilities\\2022\\Hannum Wagle & Cline Engineering, Inc. Professional Services.docx:11/29/2022 10:01 AM\] 6 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E Hannum Wagle & Cline Engineering, Inc. Utilities Department - 2022 Appropriation # 01-6310-08 Fund; P.O.#W10137 Contract Not To Exceed $25,000.00 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-Verify program, and ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit C. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City’s authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-Verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven 7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days (“Cure Period”). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel City of Carmel Utilities Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 S:\\Contracts\\Departments\\Utilities\\2022\\Hannum Wagle & Cline Engineering, Inc. Professional Services.docx:11/29/2022 10:01 AM\] 7 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E Hannum Wagle & Cline Engineering, Inc. Utilities Department - 2022 Appropriation # 01-6310-08 Fund; P.O.#W10137 Contract Not To Exceed $25,000.00 PROFESSIONAL: Hannum Wagle & Cline Engineering, Inc. 135 N Pennsylvania Street, Suite 2800 Indianapolis, Indiana 46204 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date (“Effective Date”) of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State ofIndiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non-Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City’s prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. S:\\Contracts\\Departments\\Utilities\\2022\\Hannum Wagle & Cline Engineering, Inc. Professional Services.docx:11/29/2022 10:01 AM\] 8 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E Hannum Wagle & Cline Engineering, Inc. Utilities Department - 2022 Appropriation # 01-6310-08 Fund; P.O.#W10137 Contract Not To Exceed $25,000.00 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional’s property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. S:\\Contracts\\Departments\\Utilities\\2022\\Hannum Wagle & Cline Engineering, Inc. Professional Services.docx:11/29/2022 10:01 AM\] 9 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E Hannum Wagle & Cline Engineering, Inc. Utilities Department - 2022 Appropriation # 01-6310-08 Fund; P.O.#W10137 Contract Not To Exceed $25,000.00 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City’s organization. 7.26 Debarment And Suspension 7.26.1 The Professional certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Professional. 7.26.2 The Professional certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Professional shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 7.27 Access to Public Records Act Professional understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. 7.28 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. S:\\Contracts\\Departments\\Utilities\\2022\\Hannum Wagle & Cline Engineering, Inc. Professional Services.docx:11/29/2022 10:01 AM\] 10 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E Not Present 12/21/2022 12/21/2022 12/21/2022 Exhibit A DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E APPENDIX "A" Scope of Services Main St. Water Main Relocation Project Carmel, Indiana November 2022 DESCRIPTION OF PROJECT The project consists of the needed survey as required, design, permitting and preparation of construction drawings and public bidding documents for the water main relocation necessary to support the development at the SE corner of Old Meridian and Main Streets. The water relocation required for the project consists of designing a new 12" water main tapped into the existing 18" high pressure water main located in the roundabout. The new main will be installed approximately 500' to the east in the Main Street pavement and tapped back into the existing 8" water main east of the new development. New services will be required for the development and the existing 8" water main will be abandoned in place. A. Survey HWC will utilize survey data available from the development. This information will be utilized by HWC and supplemented as required by field surveys completed by HWC of additional work areas required for the water main relocation. It is assumed additional field work may be required at the termination ends of the replacement. B. Design & Permitting This design work includes the following tasks. Schedule and conduct an onsite Project Scoping Meeting with HWC staff and designated CLIENT and developer representatives. Develop plan locations of all proposed water mains and appurtenances and develop preliminary quantities and layout all work described herein for review by the CLIENT. Prepare preliminary design plans and summary of all water utility improvements for review by CLIENT. Prepare final construction drawings based on approval of preliminary design including plan/layout of all new water main and all appurtenances and plans for abandonment of existing water mains. The CLIENT's construction details and bidding document template will be used to create the bidding manual. Prepare a final opinion of probable cost based on the final design of the project. Establish baselines for locating the work together with a suitable number of benchmarks adjacent to the work as shown in the contract documents. Submit a Notice of Intent to IDEM for the Water Main Relocation. No other permits are anticipated. Main St. Water Main Relocation Project Carmel, Indiana Appendix "A" Page 1 of 2 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E The drawings prepared by HWC under the provisions of this section shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. It is assumed that all work will be completed in existing right-of-way at this time. C. Bidding HWC will assist the CLIENT in the bidding process, including bid solicitation, bid opening and processing of required contractual documents. This scope and fee assumes a single bid process. If no bids are received, or the CLIENT desires to re -bid the project, a supplement will be required for this extra work. HWC work elements will consist of the following: 1. Distribute plan and bid documents to contractors and bid/plan agencies. 2. Solicit bids from contractors. Work includes bid packet and any necessary addendum distribution as well as coordination of all bid related documents with the CLIENT. 3. Conduct pre -bid meeting. 4. Assist the CLIENT in coordinating the opening of the project bids. Attendance is not included. 5. Provide a review and recommendation of the bids received. 6. Complete contract documents for issuance to the awarded contractor. The bidding phase services shall be considered complete upon issuance of the contract documents to the CLIENT. D. Construction Administration & Observation Construction Administration & Observation type services may be completed on an as requested basis and could include: 1. Facilitate one pre -construction conference. 2. Review the Contractor's applications for progress and final payments and, when approved, submit to the CLIENT for approval and payment. 3. Review Shop Drawings. 4. Review requests for change orders and issue as necessary. 5. Attendance at construction progress meetings through the course of construction as requested. One is assumed. 6. Complete a final inspection prior to review and approval of the final pay application. 7. Provide the CLIENT with one set of construction record (as -built) drawings. Drawings will be based upon construction records provided to HWC by the Contractor. No extensive field verification of as -built information is included. 8. HWC will provide part time construction observation of the project during construction as requested. 40 hours assumed. Notations, Exceptions and Assumptions This proposal is based on a number of critical assumptions, including: 1. The design of water utility features will be based on the assumption that new water lines will be constructed in the existing R/ W, as indicated in survey information provided. 2. Construction inspection/observation will be part time. Main St. Water Main Relocation Project Carmel, Indiana Appendix "A" Page 2 of 2 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E APPENDIX "D" Compensation & Fee Main St. Water Main Relocation Project Carmel, Indiana November 2022 Following is a schedule of the activities to be completed under this contract, the compensation amount for each activity, the form of the compensation, and the scheduled completion date for the activity. The activities listed below correspond to the work tasks identified and described in Appendix "A". Activity Survey Design Bidding Construction Phase Administration and Observation Compensation Compensation Type 2,500 Hourly Not -to -Exceed 15,500 Lump Sum 6,000 Lump Sum 12,500 , 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 multiplyingthe 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. Main St. Water Main Relocation Project Carmel, Indiana Appendix "D" Page 1 of 2 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E HWC Engineering 2022 Hourly Billing Rates POSITION HOURLY RATE Principal 225.00 Division Manager 210.00 Sr Project Manager 200.00 Project Manager 170.00 Project Engineer 1 145.00 Project Engineer li 115.00 Sr Design er/Tech n ica n 125.00 Design er/Tech n ica n 110.00 Project Coordinator 85.00 Landscape Architect 1 135.00 Landscape Architect 11 110.00 Planner 1 135.00 Planner II 100.00 Project Surveyor 130.00 Survey Crew Lead 1 120.00 Survey Crew Lead 11 100.00 Survey Crew Member 1 85.00 Survey Crew Member II 70.00 Clerical Support 80.00 Inspection Manager 140.00 Construction Inspector 1 115.00 Construction Inspector II 100.00 Intern 56.00 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. Main St. Water Main Relocation Project Carmel, Indiana Appendix "D" Page 2 of 2 DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E