supplemental agreement no. 1 for engineering/architectural...

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II-3b(1) Page 1 of 2 Rev. 6-27-12 Supplemental Agreement No. 1 for Engineering/Architectural Services 103 RD AND CONNELL FLOOD CONTROL PROJECT (SD-1281) City of Overland Park, Kansas This Supplemental Agreement No. 1 made this day of , 20 , by and between the City of Overland Park, Kansas, hereinafter called the "City", and HNTB Corporation, hereinafter called the "Consulting Engineer/Architect”. WHEREAS, the City and the Consulting Engineer/Architect have previously entered into an Agreement (the “Original Agreement”) , dated June 17, 2013, for design of 103 rd and Connell Flood Control Project- SD-1281 (the “Project”); and WHEREAS, Section II of said Original Agreement provides that the Consulting Engineer/Architect may provide to the City certain additional services outside the scope of the Original Agreement as requested and authorized in writing by the City; and WHEREAS, the City desires to receive and the Consulting Engineer/Architect desires to provide certain additional services related to the Project, to wit: the design of 103 rd and Connell Flood Control Project- SD-1281, as further outlined in Exhibit A, attached hereto and incorporated by reference herein (the “Additional Services”); and WHEREAS, this Supplemental Agreement No. 1 between the parties outlines the understanding of the parties regarding the provision of the Additional Services by the Consulting Engineer/Architect to the City; and WHEREAS, the City is authorized and empowered to contract with the Consulting Engineer/Architect for the necessary Additional Services for the Project, and necessary funds for the payment of said Additional Services are available. NOW THEREFORE, the parties hereby agree as follows: PART A - BASIC CONSULTING ENGINEERING/ARCHITECT SERVICES The Consulting Engineer/Architect will complete the Additional Services to the City’s full satisfaction and in accordance with Exhibit A of this Supplemental Agreement No. 1.

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II-3b(1) Page 1 of 2 Rev. 6-27-12

Supplemental Agreement No. 1 for

Engineering/Architectural Services

103RD AND CONNELL FLOOD CONTROL PROJECT (SD-1281)

City of Overland Park, Kansas

This Supplemental Agreement No. 1 made this day of , 20 , by and

between the City of Overland Park, Kansas, hereinafter called the "City", and HNTB Corporation,

hereinafter called the "Consulting Engineer/Architect”.

WHEREAS, the City and the Consulting Engineer/Architect have previously entered into an

Agreement (the “Original Agreement”) , dated June 17, 2013, for design of 103rd and Connell Flood

Control Project- SD-1281 (the “Project”); and

WHEREAS, Section II of said Original Agreement provides that the Consulting

Engineer/Architect may provide to the City certain additional services outside the scope of the Original

Agreement as requested and authorized in writing by the City; and

WHEREAS, the City desires to receive and the Consulting Engineer/Architect desires to provide

certain additional services related to the Project, to wit: the design of 103rd and Connell Flood Control

Project- SD-1281, as further outlined in Exhibit A, attached hereto and incorporated by reference herein

(the “Additional Services”); and

WHEREAS, this Supplemental Agreement No. 1 between the parties outlines the understanding

of the parties regarding the provision of the Additional Services by the Consulting Engineer/Architect to

the City; and

WHEREAS, the City is authorized and empowered to contract with the Consulting

Engineer/Architect for the necessary Additional Services for the Project, and necessary funds for the

payment of said Additional Services are available.

NOW THEREFORE, the parties hereby agree as follows: PART A - BASIC CONSULTING ENGINEERING/ARCHITECT SERVICES

The Consulting Engineer/Architect will complete the Additional Services to the City’s full

satisfaction and in accordance with Exhibit A of this Supplemental Agreement No. 1.

II-3b(1) Page 2 of 2 Rev. 6-27-12

PART B - SCHEDULE The Consulting Engineer/Architect will complete the Additional Services in the time frame set

forth below:

All work shown in Exhibit A of this Supplemental Agreement No. 1 shall be completed by

December 31, 2015.

PART C - PAYMENT TO THE CONSULTING ENGINEER/ARCHITECT FOR SERVICES RENDERED

The Additional Services will be provided at an amount not to exceed Three Hundred Sixty Nine

Thousand Three Hundred Fifteen and no/100 Dollars ($369,315.00) including reimbursables in

accordance with Exhibit B, attached hereto and incorporated by reference herein.

This Supplemental Agreement No. 1 raises the maximum fee to Five Hundred Fourteen

Thousand Nine Hundred Thirty and no/100 Dollars ($514,930.00) for the Project. This is the total of

the fee from the Original Agreement of One Hundred Forty Five Thousand Five Hundred Sixteen and

no/100 Dollars ($145,615.00) plus Three Hundred Sixty Nine Thousand Three Hundred Fifteen and

no/100 Dollars ($369,315.00) for this Supplemental Agreement No. 1.

IN ALL OTHER RESPECTS, the terms and conditions of the Original Agreement shall remain in

full force and effect, except as specifically modified by this Supplemental Agreement No. 1, including

all policies of insurance which shall cover the work authorized by this Supplemental Agreement No. 1.

IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement No. 1

to be executed as of the day and year first above written.

HNTB Corporation CITY OF OVERLAND PARK, KANSAS Michael R. Hess, P.E. Carl Gerlach, Mayor Vice President APPROVED AS TO FORM: ATTEST: Tammy M. Owens Marian Cook Deputy City Attorney City Clerk

Project Scope of Services Exhibit A

103rd and Connell – Flood Control Project: This project is being administered by the City of Overland Park and is funded jointly by the City and the Johnson County Stormwater Management Program. The project is on Indian Creek Tributary 5 and work will mostly be confined to the channel from approximately 600 feet upstream (north) of 103rd Street and 1100 feet downstream (south and east) of 103rd Street. There are additional flooding problems upstream of the project area that will be addressed with a future SMAC project. HNTB has completed a concept study on the project area to identify the preferred solution alternative to meet the project goals of: (1) eliminating 100 year flooding of the habitable structures in the project area; (2) eliminate 100 year overtopping of 103rd Street. All improvements are designed to meet the project specific design criteria established by the City and HNTB. Waivers from criteria are necessary, and are documented in the final concept study design memo. These waivers have been discussed and agreed upon between the City and HNTB. HNTB's scope of services is outlined in Exhibit B and generally includes:

Project Meetings and Public Involvement Preliminary and Final Design

o Final Hydraulic Modeling and Development of a 3D Model of Channel Improvements o Storm Sewer Improvements o Sanitary Sewer Relocation o Manufactured Golf Cart / Pedestrian Bridge o 80’ – 3 Span RCHS Bridge at 103rd Street o Natural Rock Gravity Retaining Wall across Brookridge o Cast-in-Place Retaining Wall System North of 103rd Street

Plan Production (includes 3 milestone submittals; “Preliminary Plans”, “Office Check Plans”, and “Final Plans”)

Utility Coordination Permitting Assisting City in Preparing Project Specification Manual Bidding Services Engineering Services During Construction

Kaw Valley Engineering, Inc. completed a full topographic survey and geotechnical investigation during the concept study phase. Final design services includes:

Survey - easement documents, miscellaneous pickup surveys, and post construction as-built surveys as outlined in their proposal for Final Design Survey Services included with Exhibit B.

Geotechnical – 8 additional borings and preparation of the final geotechnical engineering report CE Golf Design has been added to the team to assist the team with the project in the area affecting Brookridge Golf and Fitness. Their scope of services is outlined in their proposal included with Exhibit B and generally includes:

Design Coordination Meetings Coordination Meetings with Brookridge Assisting HNTB in irrigation design Plan Review Site Visits During Construction

Project Scope of Services Exhibit A

Scope Assumptions: The following assumptions apply to the detailed scope of services outlined in Exhibit B. These assumptions have been reviewed and agreed upon between City staff and HNTB. Changes to the project that occur and result in one or more assumptions no longer being valid could result in additional work to be addressed with a supplemental agreement as outlined in the contract language.

1. HNTB shall prepare exhibits for two (2) public meetings and have 3 attendees during the design phase.

City shall lead meetings and compile all comments from residents and make recommendations on what to address in the design based on these meetings.

2. City to coordinate with homeowners to discuss easement needs. 3. Assumes HNTB to be involved in one coordination meeting with Brookridge during the final design

phase of the project. 4. Assumes USACE Nationwide Permit 5. Assumes no DWR Floodplain Fill Permit Needed 6. Does not include permit submittal fees. Assumes City will cut checks and submit permit application

packages provided by HNTB 7. The bridge crossing will consist of a single bridge that will be approximately 80' wide (not two separate

structures) 8. A knee wall will not be used on the 103rd Street Bridge. Full height rail or fence will be used on the

outside of the sidewalks. No aesthetic treatments to be used on barrier rails or barrier transitions. 9. No rating effort will be required for the cart bridge (to be provided by the manufacturer) 10. Contractor/Fabricator will design the cart bridge. Abutments will be designed by HNTB based on loads

provided by a fabricator. 11. City to provide specifications and special provisions to be included in the plans for the golf cart /

pedestrian bridge structure. 12. City to assemble project specification manual, including technical specifications. HNTB will provide

KDOT standard specifications and project special provisions (rock excavation and toe retaining structures), and will review and compile final specification manual for reproduction as a part of the bid package.

13. Assumes one bid addendum letter will be issued during the bidding process. No revised plans will be issued as part of this addendum.

14. Construction Meetings, RFI, and Plan Revision assumptions are included in the task lines outlined in Exhibit B.

15. Post-Construction FEMA LOMR to be submitted with no hydraulic updates necessary (i.e. certified “as-built” matching the CLOMR).

16. The scope of services is based on an assumed full closure of 103rd Street during construction.

Exhibit B

103rd & Connell - Flood Control Project

Sr. Project

ManagerSenior

EngineerProject

Engineer EngineerSenior

Technician Total

225.00$ 180.00$ 160.00$ 100.00$ 115.00$

Preliminary Design and Plan Production

Design Kick-Off Meeting at City Hall 2 2 6 10Progress Meetings at City Hall (assumes 1) 3 3 6Coordination Meeting with Brookridge (assumes 1) 4 4 8

Post Field Check Public Meeting (Preparation and Documentation of Comment Log) 4 4 6 8 22

Subconsultant Management, Coordination, and QA/QC (Kaw Valley and CE Golf Design) 12 4 24 40Final Hydraulic Modeling (Includes Floodway Model) 2 8 20 30Final Roadway Geometric Layout 0.5 12 24 36.5Final Storm Sewer Design 0.5 8 16 24.5Sanitary Sewer Relocation Design 2 12 24 38Set Channel Baseline and Develop 3D Model 4 16 32 52Proposed Easement Layout 0.5 2 4 6.5

Title Sheet and General Notes 0.5 4 8 4 16.5Survey Reference Sheet 0.5 2 4 4 10.5Alignment Detail Sheet 0.5 4 8 4 16.5Typical Section Sheets 1 2 4 4 11Channel Plan and Profile Sheets 2 8 16 24 50Roadway Plan and Profile Sheet 1 3 6 8 18Pipe Profile Sheets 1 2 8 16 27Drainage Area Map and Pipe Calcs for Local Drainage 1 2 12 6 21Sanitary Sewer Relocation Title and Plan/Profile Sheets 4 8 16 32 60Retaining Wall Plan/Profile Sheets 2 12 24 24 62Cross Sections 2 12 24 4 42Provide Plans to City and County (assumes 4 half-size sets) 1 2 4 7

Site visit and collection of project information 2 4 6Establish bridge and retaining wall design criteria 4 8 12Coordinate design information with Kaw Valley and other design disciplines 6 6 12103rd Street Bridge Construction Layout and Typical Section 8 16 8 32103rd Street Bridge Geometry and Clearance calculations 4 8 12Structural support for development of toe treatments and geology profiles 2 4 6Coordinate with prefab bridge suppliers 4 8 12Golf Cart and Pedestrian Bridge Construction Layout and Typical Section 6 8 12 26

Provide Concept Plan to all Utility Companies and Contact Impacted Utility Companies to Discuss Impacts 2 12 24 12 50

Utility Coordination Meeting at HNTB (includes preparation and meeting minutes) 4 4 8 8 8 32Work with individual utility companies to identify relocation plans 40 40Prepare concept utility relocation plans 2 8 8 16 34

Senior Technical Review 12 12Milestone Plan Review 12 12 24

Subtotal 66 74 229 354 202 925

Meetings/Public Involvement

Design

General Plan Production

Structural Design and Plan Production

Utility Coordination

QA/QC

Exhibit B

Sr. Project

ManagerSenior

EngineerProject

Engineer EngineerSenior

Technician Total

225.00$ 180.00$ 160.00$ 100.00$ 115.00$

Final Design and Plan Production

Progress Meetings at City Hall (assumes 1) 2 2 3 7Post Office Check Public Meeting 4 4 6 8 22

Final Easement Layout 1 2 4 7Prepare Color Tract Maps (assumes 14) 8 16 24 48QA/QC Complete Easement Package 1 4 5

Update Field Check Plans based on City Review Comments 2 24 40 40 106Erosion and Sediment Control Plans 1 4 16 16 37Construction Sequencing Plans 2 8 8 16 34Detour Signing Plans (Assumes 103rd Street Closure at Bridge) 1 4 8 16 29Assemble City Standard Detail Sheets 3 8 16 27

Provide Plans to City and County (assumes 4 half-size sets) 1 2 4 7

Quantity Summary / Index 2 4 4 10General Notes 4 6 6 16Finalize Construction Layout 4 4 8 16Engineering Geology / Footing Layout 4 10 10 24Abutment design and details. 8 12 16 36Abutment Aggregate Drain 4 4 8 16Pier design and details 16 40 24 80Deck Slab Design (Check with analysis program) 6 24 30Slab Plan 6 16 16 38Superstructure Details 4 8 16 28Barrier rail (assume no knee wall) 8 8 20 36Develop Barrier transition details (one transition length) 2 8 8 18Handrail details 4 6 6 16Slab Elevations 2 4 8 14Bill of Reinforcing 2 16 8 26Quantity Calculations and Final Cost Estimate 8 16 16 40Document Ratings (Assume std. KDOT Ratings will be used) 4 4

Structural design of toe treatments (KV will be designing anchorage into rock) 8 16 24

Evaluate wall profiles to determine geometry 4 4Prepare Typical Section and common wall details. 2 16 16 34Prepare General Notes, quantities, and estimates 4 16 16 36Quantity Calculations and Final Cost Estimate 2 4 6

Prepare Typical Section and common wall details. 2 8 8 18Prepare General Notes, quantities, and estimates 4 8 8 20

Evaluate wall profiles developed by others to determine geometry 4 4Quantity Calculations and Final Cost Estimate 2 4 6

Coordinate with suppliers 1 2 3

Coordinate with golf course to accommodate sprinkler lines/utilities 1 2 3

Develop loads and design criteria 1 3 4Design and detail abutments 8 16 16 40Quantity Calculations and Final Cost Estimate 2 4 6Develop general notes and quantity summary 2 2 3 7

General Plan Production

103rd Street Bridge (80' - 3 span RCHS Bridge)

Golf Cart and Pedestrian Bridge

Natural Rock Walls South of Bridge (2)

Meetings/Public Involvement

Toe Treatment Retaining Structures

Easement Documents

Exhibit B

Sr. Project

ManagerSenior

EngineerProject

Engineer EngineerSenior

Technician Total

225.00$ 180.00$ 160.00$ 100.00$ 115.00$

Assemble KDOT Technical Specifications 2 8 16 26Prepare Special Provisions (Rock Excavation, Toe Retaining Structure - assumes City to provide Special Provision for Ped Bridge). 2 4 4 16 26

Senior Technical Design Review 6 16 22Milestone Plan Review 6 16 22

Prepare bid addendum letter (assumes one) 6 6Provide plans to plan rooms 1 4 4 9Provide plans to Contractors as requested and maintain planholders list 4 8 12Prepare bid tabulation and recommendation for selection to City 4 8 4 16

Subtotal 34 165 98 441 393 1131

DESIGN SUBTOTAL 100 239 327 795 595 2056

TOTAL LABOR DOLLARS 265,765$ HNTB EXPENSES (MILEAGE, PRINTING, PUBLIC MTG EXHIBITS, AND MISC) 2,200$ KAW VALLEY ENGINEERING - SURVEY SERVICES (SEE ATTACHED) 5,465$ KAW VALLEY ENGINEERING - GEOTECHNICAL SERVICES (SEE ATTACHED) 9,695$ CE GOLF DESIGN 5,000$

TOTAL DESIGN FEE 288,125$

Permitting

Field Meeting to Review Project with USACE Representative 4 4 8Prepare Permit Application (Form 4345) 2 4 12 18Prepare KSMG Forms - Estimate Mitigation Costs 16 4 20Prepare Supporting Exhibits, Assemble, and Submit to Corps 1 4 8 8 21

Prepare MT-2 Forms 1 3 6 10Prepare Certified Topo Map and Annotated FIRM Maps 1 4 16 16 37Prepare Design Memo (Minor Modifications from Concept Study Memo) 2 6 12 20Assemble and Submit to City and FEMA 2 8 8 18Prepare Addendum and Coordinate with FEMA 2 8 10 4 24

Prepare 2-100 Permit Application 1 8 16 25Prepare Supporting Exhibits, Assemble, and Submit to DWR 2 4 16 22

Prepare Application 1 4 8 13Prepare and Seal No-Rise Certificate 1 2 2 5Prepare Supporting Documentation, Assemble, and Submit to City 1 2 8 11

Prepare Application 1 4 8 13Prepare SWPPP 2 12 32 8 54Prepare Supporting Exhibits, Assemble, and Submit to KDHE 1 2 8 11

PERMITTING SUBTOTAL 19 16 77 174 44 330

TOTAL PERMITTING FEE 41,935$

TOTAL DESIGN FEE + PERMITTING 330,060$

DWR Permit (Assumes Stream Obstruction and Channel Change)

NPDES NOI Application

City Floodplain Development Permit

Project Specifications

QA/QC

USACE 404 Permit (Assumes Nationwide 43 Permit)

FEMA CLOMR Submittal

Bidding Services

Exhibit B

Sr. Project

ManagerSenior

EngineerProject

Engineer EngineerSenior

Technician Total

225.00$ 180.00$ 160.00$ 100.00$ 115.00$

Engineering Services During Construction

Attend Pre-Construction Meeting (City to Lead) 4 4Attend Meet the Contractor Public Meeting (City and Contractor to lead) 4 4Construction Progress Meetings (assume monthly meetings in which Engineer will attend, 8 meetings) 16 16Respond to RFI's and assist with general questions during construction (assumes up to 4 RFIs - avg 5 hrs each) 4 4 12 20Prepare plan revisions (assumes 1) 2 2 8 4 16Prepare and Submit As-Built Plans (PDFs and TIFFs) 2 4 8 24 24 62

Storm Sewer Shop Drawing Review (assumes up to 10 structures) 8 16 24Sanitary Sewer Shop Drawing Review (assumes up to 8 structures) 6 12 18Irrigation Shop Drawing Review 2 4 6Review RCSH falsework plans for approval 4 8 12Review fabricator's shop drawings for bridge handrails. 2 8 10

Submit LOMR (FEMA Forms, assumes no hydraulic or map updates) 4 8 24 36Submit LOMA (FEMA Forms, Location Map, Flood Elevation Table). 4 8 24 4 40

Subtotal 10 16 70 140 32 268

FINAL DESIGN SUBTOTAL 10 16 70 140 32 268

TOTAL LABOR DOLLARS 34,010$ KAW VALLEY ENGINEERING - SURVEY SERVICES 5,245$

ENGINEERING SERVICES DURING CONSTRUCTION SUBTOTAL 39,255$

DESIGN SUBTOTAL 288,125$ PERMITTING SUBTOTAL 41,935$ ENGINEERING SERVICES DURING CONSTRUCTION SUBTOTAL 39,255$

TOTAL FEE 369,315$

Post Construction FEMA Submittals

Meetings, RFIs, and Plan Revisions

Contractor Submittals

Position Hourly

Classification Billing Rate

Senior Project Manager 225.00$

Senior Technical Advisor 195.00$

Sr. Project Engineer/Sr. Squad Leader 180.00$

Project Engineer 160.00$

Engineer III 110.00$

Engineer II 100.00$

Engineer I 90.00$

Engineer 85.00$

Senior Technician 115.00$

* Technician II 85.00$

* Technician I 65.00$

Office Business Manager 145.00$

Project Analyst 95.00$

* For any nonexempt personnel in positions marked with an astresk (*),overtime will be billed at 1.5 times the hourly labor billing rates shown

Rates are effective for services from January 1, 2014 through December 31, 2014

Exhibit BHNTB SCHEDULE OF HOURLY CHARGES

EXHIBIT B

EXHIBIT B

2013 Lenexa Standard Hourly Rate Schedule.docx

2319 North Jackson, PO Box 1304 Junction City, Kansas 66441 Tel: 785-762-5040 Fax: 785-762-7744 8040 North Oak Trafficway Kansas City, Missouri 64118 Tel: 816-468-5858 Fax: 816-468-6651

14700 West 114th Terrace Lenexa, Kansas 66215 Tel: 913-894-5150 Fax: 913-894-5977 1331 Armory Road Salina, Kansas 67401 Tel: 785-823-3400 Fax: 785-823-3411

KAW VALLEY ENGINEERING Consulting Engineers

2013 Standard Hourly Rate Schedule Lenexa, Kansas Office

Design Services

Principal ........................................................................................................ 175.00 Project Manager ............................................................................................ 130.00 Senior Design Engineer ................................................................................ 120.00 Project Design Engineer ............................................................................... 100.00 Staff Engineer ............................................................................................... 85.00 Geotechnical Engineer.................................................................................. 125.00 Materials Engineer ........................................................................................ 125.00 Registered Geologist .................................................................................... 90.00 Senior Design Technician ............................................................................. 75.00 Senior Drafting Technician ........................................................................... 70.00 Drafting Technician II .................................................................................... 65.00 Drafting Technician I ..................................................................................... 60.00 Administrative Assistant II ............................................................................. 45.00 Administrative Assistant I .............................................................................. 40.00

Field Services - Surveying Manager of Field Services ............................................................................ 90.00 Professional Land Surveyor .......................................................................... 95.00 Survey Crew Leader (Research and Computations) .................................... 70.00 1-Person Survey Crew with Equipment ........................................................ 110.00 2-Person Survey Crew with Equipment ........................................................ 135.00 3-Person Survey Crew with Equipment ........................................................ 160.00

Field Services – Construction Materials Supervisor Construction Materials ................................................................ 85.00 Senior Engineer Technician .......................................................................... 70.00 Engineer, Technician II ................................................................................. 65.00 Engineer, Technician I .................................................................................. 60.00 AWS Technician ........................................................................................... 95.00

In addition to the above, reimbursement shall be made for expenses incurred in connection with the project such as filing fees, print, research materials, equipment rental, mileage, per diem, postage and handling, and any other related expenses will be billed at their direct cost. Subcontracted labor, technical photography, and other direct job costs will be billed at their direct cost. PRINTING

Miscellaneous Expenses .............................................................................. At direct cost Mylar (24” x 36”) ............................................................................................ $ 20.00 Mylar (30” x 42”) ............................................................................................ 30.00 Vellum (24” x 36”) ......................................................................................... 4.00 Vellum (30” x 42”) ......................................................................................... 5.00 Bond (24” x 36”) ............................................................................................ 3.50 Bond (30” x 42”) ............................................................................................ 4.25 8½” x11” / 11”x17” Copies ............................................................................ 0.20/page

EQUIPMENT Vehicle Mileage (Truck or Auto) ................................................................... $ 0.50/mile

This rate schedule is updated once each year in January, and the current rates in effect at the

time of service shall apply.

Golf Course Design & Project Management

3250 Brinkerhoff Rd. ● Kansas City, Kansas 66115 ● Tel: 913*621*5214 ● Fax: 913*621*0760

December 6, 2013

Mr. Timothy Morgan HNTB Corporation 7400 W. 129th St., Suite 100 Overland Park, Kansas 66213

RE: Brookridge Golf & Fitness

Dear Mr. Morgan:

On behalf of CE Golf Design a Division of Clark Enterprises DKC LLC, I am excited to have this opportunity to work with the HNTB and the City of Overland Park on creek improvements for Brookridge Golf & Fitness. We understand that proposed improvements will impact the sixth hole on the west course. We will consultant with the project team to ensure that playability, maintenance and irrigation issues are reviewed for this project.

BASIC SERVICES

The following scope of services has been developed which includes Design Development, Plan Review and Construction Administration. Listed below is our scope of services and design fee:

PHASE 1 � DESIGN DEVELOPMENT

Initial Meeting: Initial meeting is to review the project and provide professional input as it relates to playability and maintenance issues with the golf course. (Estimated hours 2)

Owner Meeting: Attend the Owner meeting as a member of the design team with HNTB and City of Overland Park representatives. (Estimated hours 2)

Design Review Meetings: Attend design review meetings with HNTB and City of Overland Park during the design phase. (Estimated hours 6)

Coordination Meetings: Participate in coordination meetings with Owner, HNTB and City of Overland Park representatives. (Estimated hours 4)

Irrigation Design: Provide input for the irrigation system that may be impacted with construction activities. This may include product data and general specifications for these improvements as it relates to sprinklers and bridge crossing. (Estimated hours 8)

PHASE 2 – PLAN REVIEW

Plan Review: CE Golf Design will consultant and review plans with HNTB during the construction documents phase. CE Golf Design is not responsible for producing construction documents for this scope of work. (Estimated hours 6)

PHASE 3 � CONSTRUCTION ADMINISTRATION

Site Visits: CE Golf Design will make 2=3 construction site visits throughout the duration of

EXHIBIT B

Page 2

construction activities. The purposes of theses visits are to observe the contractors work for compliance with plans and specifications as it relates to the golf course. (Estimated hours 8) FEES

CE Golf Design will provide the services described in the Basic Services section of this proposal at the hour rates listed below with a maximum amount for each phase, plus reimbursable expenses, per the following schedule: Phase 1 – Design Development (22 hours maximum) .........................$ 2,970.00 Phase 2 – Plan Review (6 hours maximum) ........................................$ 810.00 Phase 4 – Construction Administration (8 hours maximum).............$ 1,080.00

Total Design Fees..................................................................................$ 4,860.00 Billing will occur monthly based on the percentage of work completed to date. All invoices will be due within 30 days. Reimbursable expenses will be billed for plan reproduction, deliveries, incidentals, etc. No mileage will be charged since the club is local to our office.

HOURLY RATES

We will work at an hour rate for this project which includes our time and expenses for travel. Our current hourly rates are as follows:

Todd Clark / Project Architect ..................................................... $135.00 per hour Brent Hugo / Design Associate .................................................... $ 90.00 per hour

CONSTRUCTION DOCUMENTS AND BIDDING

Preparation of construction documents and bidding for implementation of these improvements is not included in this proposal.

CONTRACT

If you agree to the items set forth in this document, this proposal may serve as our contract agreement. Your signature below will authorize CE Golf Design to proceed.

TERMINATION Either party of this agreement can terminate this same agreement in writing with ten (10) working days notice. Payment for all work completed up to the date of the termination will become due immediately. Owner will receive all work complete to date.

INSURANCE & LIABILITY Liability for work by CE Golf Design on this project will be limited to the dollar value of their professional liability insurance which meets the City of Overland Park requirements. Attached is a copy of our certificate of insurance for your review. We will send an official copy once the contract has been executed. Payment of any invoice by the HNTB Corporation to CE Golf Design shall be taken to mean that HNTB and City of Overland Park is satisfied with the services provided and is not aware of any deficiencies in those services.