OFFICE OF THE PROSECUTING ATTORNEY CHRISTIAN COUNTY MISSOURI Ron Cleek - Prosecutor 110 W. Elm, Room 109 Christian County Courthouse Ozark, MO 65721 Phone: (417) 581-7915 · Fax: (417) 581-7918 February 9,2004 The Christian County Commissioners IIAND DELIVERED RE: Engineering Services Contract Gentlemen: As requested, I have reviewed the proposed contract between you and Harrington & Cortelyou, Inc. The contract seems to be in order as it concerns the County as it seems to be written in fair terms overall. However, there are a few comments that I want to make both good and bad involving the contract in the following: LArticle III paragraph 3 states that the County will "Guarantee" access to...private property as required for Consultant to perform his services .... My question is how will the County do this if the people do not want you on their private property? Article.III paragraph 5_lists several different things that the County will provide for the project. Amongst those items are legal, accounting, financial, and insurance services. What does this entail? Are these expenses that the Commission already has set money aside for or are these things that we need to be looking for ways to find? On the positive side, the contract seems easily terminated as stated in Article XII. However, there is nothing stating to whom the written notice of tennination is to be sent or how much time is to pass before termination. Along with this is Article XIII which gives the Commission the full decision power on acceptability of the work performed. Finally, in Article XVI, there is a hold harmless clause for the County on negligence on the part of Harrington & Cortelyou. At the same time, the hold harmless goes both ways 313 in that Harrington & Cortelyou will not be held responsible for the actions ofthe County or any entity the County may hire to do additional work. Bottom line, the contract is written down the middle with the concerns and exceptions stated above. However, why is Lloyd Todd instead of Landmark Survey, L.L.C, not doing the survey? Sincerely, /2- Ron Cleek - Christian County Prosecutor CHRISTIAN COUNTY KANSAS EXPRESSWAY ENGINEERING SERVICES CONTRACT THIS CONTRACT is between the Christian County Commissioners, Christian County, Missouri, hereinafter referred to as the "County",and Harrington & Cortelyou, Inc., 300 S. Jefferson, Springfield, Missouri 65806, hereinafter referred to as the "Consultant". This project entails a conceptual and preliminary design of Kansas Expressway from the south line of Greene County to State Highway 14 at State Highway M west of the City of Nixa. The extension of the four-lane expressway will be done in accordance with AASHTO and MoDOT recommended design practices. The typical roadway section will be comprised of four lanes of directional traffic, full width shoulders and a median. Traffic signalization will be investigated at State Highway AA, Tracker Road, Northview Road and State Highway 14. The Consultant will provide the County with professional services hereinafter described for engineering design, preparation of the construction drawings and other related services specified herein and the County will pay the Consultant as provided in this contract. It is mutually agreed as follows: ARTICLE 1 - BASIC SCOPE OF SERVICES: 1. Collect available data related to the project. This involves but is not limited to existing plats, plans. mapping, county records, highway information, traffic counts and any other information available to assist in developing conceptual ideas. 2. Meetings (2) with City of Nixa and Christian County officials to discuss future land use plans for the corridor area. Design criteria will also be developed. 3. Meetings (1 each) with MoDOT District 8 and Greene County Highway Department will be held to discuss future plans for the Route 14 intersection and the proposed Kansas Expressway Extension. Discussions will also be held with the Springfield Area Transportation Study Organization (MPO). 4. Acquire topographic survey information. This will include aerial photography at 2 foot contour intervals. Spot elevations will be confirmed by land surveying and other significant features captured for use in the corridor planning. Maps depicting property owner tracts and ties to section corners will be prepared to serve as overlays during the corridor study process. 5. An initial Cultural Resource study will be conducted for the corridor area. As the specific alignments are developed more detailed study will be done. This will aid in determining viable locations of roadway options. 6. Engage in the initial evaluation of a Phase 1 Environmental Study covering the anticipated area of the corridor. Detailed Phase 1 Studies will be performed as specific alignments are determined. Page 1 of 8 7. Develop up to three alignments for conceptual study and report. These will be developed from information collected as described above and information from a public hearing. The initial public hearing will focus on providing general information and obtaining comments from surrounding property owners. These comments and the general guidelines will be used to develop the concepts. 8. Based on the concept alignment, geotechnical information will be acquired. These include some borings for rock, preliminary soils identification and investigations related to sink holes in the area. 9. Preliminary profiles and construction limits will be determined. Major storm drainage areas will also be determined. A review of the possible intersections will be conducted. 10. A conceptual report showing up to three alignments will be submitted. Within this report a matrix will be developed to assist in evaluating each concept. Meetings (1 each) with Christian County and the City of Nixa will be conducted. 11. A second public hearing will be held to discuss the atternates with neighboring property owners and the general public. 12. Based on comments, preliminary plans will be developed from profiles. Cross sections will determine limits of construction for establishing right-of-way boundaries. Drainage will be designed to provide the County with a base to establish a guideline for future developers. Intersections will be designed based on future projections. Access management criteria will be provided as a policy to the corridor development. 13. A third public hearing will be held to present the final proposed alignment, boundaries and right- of-way requirements. 14. The consultant will be available for consultation meetings with the County and/or City of Nixa and developers as potential improvements are proposed. ARTICLE 11 - ADDITIONAL SERVICES: The County reserves the right to request additional work, or changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed for performance of the additional or changed work. Any change in compensation will be covered in the supplement. Additional services may include: 1. Obtain Services of others. Provide through subcontract the services or data other than those set forth in Article I. 2. Preparing to service or serving as a witness for County in any litigation or other proceedings involving the project. 3. Extra Services. Services not specifically defined heretofore that may be authorized by County. ARTICLE 111 - RESPONSIBILITIES OF THE COUNTY: County shall, within a reasonable time, so as not to delay the services of Consultant: 1. Provide full information as to the requirements for the Project. Page 2 of 8 2. Assist Consultant by placing at his disposal available information pertinent to the assignment including previous reports and any other data relative thereto. 3. Guarantee access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform his services under this Agreement. 4. Examine all studies, reports, sketches, estimates, drawings, proposals and other documents presented by Consultant and render in writing decisions pertaining thereto. 5. Provide such professional legal, accounting, financial and insurance counseling services as may be required for the Project. 6. Designate in writing a person to act as County's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define County's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 7. Give prompt written notice to Consultant whenever County observes or otherwise becomes aware of any defect in the Project. 8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 9. Furnish, or direct Consultant to provide, necessary Additional Services as stipulated in Article 11 of this Agreement or other services as required. ARTICLE IV - PERIOD OF SERVICE: 1. This Agreement will become effective upon the first written notice by County authorizing services hereunder. 2. This Agreement shall be applicable to all assignments authorized by County and accepted by Consultant subsequent to the date of its execution and shall be effective as to all assignments authorized prior to the completion date. All assignments authorized prior to the completion date, even if to be performed in whole or in part subsequent to the completion date, shall be governed by the terms and conditions of this Agreement. At the completion date, upon mutual agreement of the parties hereto, this Agreement may be extended, renegotiated, or terminated. Such extension, renegotiation, or termination shall not have any effect upon assignments authorized prior to the completion date. 3. Performance time for individual assignments shall be agreed upon at the time of authorization. Work shall be started within ten (10) days of authorization of individual assignments and prosecuted expeditiously. 4. Consultant shall complete the conceptual and preliminary design phase within seven months of the date of execution of this agreement provided that County has met its responsibilities as outlined in Article Ill. ARTICLE V - STANDARDS: Design criteria and project planning will be in accordance with the Policy on Geometric Design of Highways and Streets as promulgated by the American Association of State Highway and Transportation Officials (AASHTO), MoDOT Standard Plans and Specifications. Page 3 of 8 ARTICLE VI - COMPENSATION: For services provided under this contract, the County will compensate the Consultant as follows: 1. For design services, outlined in Article 1, Items 1 to 13, the County will pay the Consultant a not-to-exceed amount of $280,342, which shall be computed on the basis of actual productive salaries times a multiplier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. For meetings outlined in Article 1, Item 14, the County will pay the consultant on an hourly basis for each meeting and subsequent review computed on the basis of actual productive salaries times a multiplier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. 2. Salary Rates. Current salary rates for 2004 are shown on Table B. Invoices generated by the Consultant will reflect the actual wage paid to individual employees at the time of invoicing, which may vary from the rates shown on Table B to reflect minor related wage rates increases. The total estimated salary costs shown on Table A are based on the following work hour rptes used for estimating purposes only. They are based on the rates for the personnel anticipated to be performing the work. 2004 Principal $42.82/hour Project/Senior Engineer $32.76/hour Design Engineer $22.84/hour Technician $20.33/hour Should the contract extend beyond the year 2004 due to length of reviews or changes not - anticipated, the Consultant shall be entitled to an increase in the not to exceed amount, based on future rates and overhead. Future rates and overhead shall be based on the consultant's overhead and salary rates used on MoDOT projects for that year. These rates are audited by MoDOT. 3. Expense Schedule: Mileage $0.375 per mile (or as permitted by the IRS) Reduced Size Prints Direct Cost Subcontracted Services Direct Cost Printing & Reproduction Direct Cost Subsistence Direct Cost 4. Method of Payment: Partial payments for work completed will be made to the Consultant within 60 days of receipt of itemized invoices by the County. Invoices will be submitted no more frequently than one invoice per month. Page 4 of 8 ARTICLE VII - COVENANT AGAINST CONTINGENT FEES: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the County shall be have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VI11 - SUBLETTING, ASSIGNMENT OR TRANSFER: No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred without the written consent of the County. The subletting of the work shall in no way relieve the Consultant of his primary responsibility of the quality and performance of the work. It is the intention of the Consultant to engage subcontractors for performance of surveying, geotechnical investigations, and right-of-way and easement deed preparation. ARTICLE IX - PROFESSIONAL ENDORSEMENT: All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. ARTICLE X - RETENTION OF RECORDS: The Consultant shall maintain all records, survey notes, design documents, cost and accounting records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment. Said records shall be made available for inspection by authorized representatives of the County during regular working hours at the Consultant's place of business ARTICLE XI - OWNERSHIP OF DOCUMENTS: Plans, tracings, and maps prepared under this contract shall be delivered to, and become the property of the County upon termination or completion of work. The Consultant shall furnish the County with sealed reproducible mylars and copies of all computer generated files related to the project with drawings being compatible with AutoCad. The Consultant's logo and professional seal will be removed from the electronic files prior to delivery. Under the terms of this agreement, the County acknowledges and agrees to the stipulation that the official contract documents shall be comprised of the hard copy drawings and specifications bearing the seal and signature of the Consultant. Basic survey notes, design computations and other data prepared under this contract shall be made available to the County upon request. All such information produced under this contact shall be available for use by the County without restriction or limitation on its use. Should the County incorporate any portion of the work into a project other than that for which it was performed, the County shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION: The County may terminate the contract at any time by giving written notice. H the contract is terminated because the project is abandoned or postponed by the County, the Consultant will be paid for salaries and expenses incurred up to the date of termination. Page 5 of 8 If the contract is terminated due to the Consultant's services being unsatisfactory in the judgement of the County, or if the Consultant fails to prosecute the work with due diligence, the County may procure completion of the work in such manner as it deems to be in the best interest of the County. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the County may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT: The County will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The County's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS: County and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS: The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and nondiscrimination clause and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the County from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors, in the performance of the work under this contract. Unless directly attributable to negligent design practice on the part of the Consultant, the County agrees to save harmless the Consultant from atl claims and liability resulting from improper construction of any portion of the project. Consultant is not responsible for job site safety or means and methods of construction used by contractors on the job. The County agrees to save harmless the Consultant from all claims and liability resulting from deviations from the Consultant's construction documents by either the County or their Contractor during construction for which approval or consent of said deviations was not given in writing by the Consultant. ARTICLE XVII - NONDISCRIMINATION: The Consultant, with regard to the work performed by him after award and prior to completion of the contract work, will not discriminate on the grounds or race, color, or national original in the selection of or retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified of the Consultant's obligations under this contract and the regulations relative to nondiscrimination on the grounds of color, race or national origin. Page 6 of 8 ARTICLE XVI11 - TABLES: The following exhibits are attached hereto and are hereby made part of this contract: Table A Estimate of Total Project Cost Table B Salary Rates and Average Workhour Rates Executed this day of 2004. FOR: CHRISTIAN COUNTY f Attest: By: FOR: HARRINGTON & CORTELYOU, INC. Attest: By: E //4 , CERTIFICATION OF AUDITOR 1, , the duly appointed and acting Auditor for Christian County, Missouri, and in that capacity, do hereby certify on this day of 2004, that there is an unencumbered balance to the credit of the appropriation which is to be charged for the County's share of the costs described in this Engineering Services Contract sufficient to meet the County's obligations under this Engineering Services Contract and an unencumbered cash balance in the County Treasury to the credit of the fund from which the County's financial obligation described in this Engineering Services Contract shall be paid sufficient to meet the County's obligations under this Engineering Services Contract. Auditor Page 7 of 8 CHRISTIAN COUNTY KANSAS EXPRESSWAY Table A Estimated Engineering Fees Principal 26 hrs. @ $ 42.82 = $ 1,113 Project Engineer 612 hrs. @ $ 32.76 = 20,049 Design Engineer 684 hrs. @ $ 22.84 = 15,623 Technician 828 hrs. @ $ 20.33 = 16.833 Salaries Costs = $ 53,618 Engineering Fee Salary Costs x 2.90 = $ 155,492 Expenses: Travel and Subsistence $ 1,500 Printing and Reproduction 2,000 Computer Charges 350 Subtotal Expenses = $ 3,850 Subconsultants: Surveying Landmark Survey LLC $ 37,500 Geotechnical & Environmental Palmerton & Parrish 45,000 Cultural Resource Study Environmental Research Center of Missouri 2,500 Aerial Photography M. J. & Associates 36,000 Subtotal Subconsultants = $ 121,000 TOTAL ESTIMATED FEES = $ 280,342 Page 8 of 8 'I€ HARRINGTON & CORTELYOU, INC. Consulting Engineers 1 BILLING RATES January 2004 1 2004 Actual 2004 2004 Salary Rates Billable Rates Average Principals D. M. Waltemath 44.68 129.57 K. R. Eisenbeis 42.82 124.18 126.88 Project/Senior Engineers M. S. Huck 39.51 114.58 E. W Neprud 36.64 106.26 S. M. Warger 36.64 106.26 S. L. Bergmann 28.88 83.75 102.71 Design Engineers S. A. Pellegrino 33.76 97.90 S. D. Shafer 31.18 90.42 M. W. Carroll 31.03 89.99 9 M. J. Turner 30.75 89.18 K. S. Marx 24.71 71.66 D. J. Glastetter 23.85 69.17 L. L. Shadewald 23.13 67.08 S. D. Shank 22.84 66.24 - j P. N. Wuertz 21.98 63.74 t J. C. Tarbell 21.41 62.09 A. R. Bush 20.37 59.07 D. R. Schulte 19.89 57.68 J. M. Davis 19.89 57.68 11 72.45 Technicians/Drafters J. K. Green 28.88 83.75 J. L Kelly 27.73 80.42 T. L. Wells 26.58 77.08 B. T. Kearns 24.86 72.09 C. G. Bumey 23.42 67.92 M. T. Lynn 20.55 59.60 D. J. Moore 17.24 50.00 K. M. White 14.37 41.67 66.57 1 Special Consultants R. G. Crabtree 38.50 111.65 H. G. Jones 38.50 111.65 G. N. Pavlakis 37.00 107.30 B. Krey 27.00 78.30 '1 J 1 CITY OF 1. 715 W. Mt. Vernon Post Office Box 395 Nixa, Missouri 65714 Main Office Telephone (417) 725-3785 February 24,2004 Fax (417) 725-6394 Parks Department 017) 725-5486 Christian County Commission Police Department (417) 725-2510 100 W. Church Street, Rm#100 PIanning Department Ozark, MO 65721 . - (417) 725-5850 Utilities Department Re: Intergovernmental agreement between Christian County and City of Nixa (417) 725-3229 for Kansas Expressway Extension contract Dear Commissioners: Attached you will find the Mayor's signed intergovernmental agreement between Christian County and the City of Nixa. Please understand that the City of Nixa Board of Aldermen have approved $75,000 in their 2004 Budget for this project. Prior to acceptance of any more monies than that which has been approved, the City would need to approve any change orders or amendments to this contract. If I can be of any further assistance, please call me at 725.3785. Sincerely, BrimBingle, AICP - E ity kdministrator ID j -1 f $ I I .9../5 .. .r . I , Ill, a. y V te nt, ..<10. t. r: 4% ..1 .t"< 9 3 9 . ·9. 9£41. 40 1 '"· -- . 4 01 4, 9/ 1 ¥01 ). */ :·/ g-- f,/ 2 -'.1.:ck F JO .r ':' 1 2: 01.1 I. 4 · f r I ' ' .219 - JOHN GRUBAUGH c CHRISTIAN COUNTY Presiding Commissioner COMMISSION TOM CHUDOMELKA Eastern Commissioner 100 W. CHURCH ST., ROOM 100 BILL BARNETT OZARK, MO 65721 Western Commissioner Phone: 417-581-2112 • Fax: 417-581-5924 January 30,2004 Intergovernmental Agreement Between The Christian County Commission and The City of Nixa Whereas, the City of Nixa and the Christian County Commission have discusspd planning a -- --North - South traffic relief corridor th'at-will Join State Highway 14 and Kansas Expressway at-the Greene County line, and Whereas, representatives of Nixa and Christian County Commission have reviewed the Proposals from five engineering firms, and have agreed to hire Harrington and Cortelyou, Inc., Consulting Engineers Therefore, be it agreed that the Christian County Commission and the City of Nixa will divide· equally all expenses, after all monies from the Ozark Transportation Organization and Greene Counties STP funds have been exhausted, /LU-EM<%// D ¢M»1 MA#AM· < 9|hn 6706 resi Doug 103?rs Mayor, City of Nixa, Mo. \1 n t Bill Barnett, Western Commissioner , Tom Chudomelka, Eastern Commissioner * Printed On Recycled Paper 1 CHRISTIAN COUNTY KANSAS EXPRESSWAY ENGINEERING SERVICES CONTRACT THIS CONTRACT is between the Christian County Commissioners, Christian County, Missouri, hereinafter referred to as the "County-,and Harrington & Cortelyou, Inc., 300 S. Jefferson, Springfield, Missouri 65806, hereinafter referred to as the "Consultant". This project entails a conceptual and preliminary design of Kansas Expressway from the south line of Greene County to State Highway 14 at State Highway M west of the City of Nixa. The extension of the four-lane expressway will be done in accordance with AASHTO and MoDOT recommended design practices. The typical roadway section will be comprised of four lanes of directional traffic, full width shoulders and a median. Traffic signalization will be investigated at State Highway AA, Tracker Road, Northview Road and State Highway 14. The Consultant will provide the County with professional services hereinafter described for engineering design, preparation of the construction drawings and other related services specified herein and the County will pay the Consultant as provided in this contract. It is mutually agreed as follows: ARTICLE 1 - BASIC SCOPE OF SERVICES: 1. Collect available data related to the project. This involves but is not limited to existing plats, plans, mapping, county records, highway information, traffic counts and any other information available to assist in developing conceptual ideas. 2. Meetings (2) with City of Nixa and Christian County officials to discuss future land use plans for the corridor area. Design criteria will also be developed. 3. Meetings (1 each) with MoDOT District 8 and Greene County Highway Department will be held to discuss future plans for the Route 14 intersection and the proposed Kansas Expressway Extension. Discussions will also be held with the Springfield Area Transportation Study Organization {MPO). 4. Acquire topographic survey information. This will include aerial photography at 2 foot contour intervals. Spot elevations will be confirmed by land surveying and other significant features captured for use in the corridor planning. Maps depicting property owner tracts and ties to section corners will be prepared to serve as overlays during the corridor study process. 5. An initial Cultural Resource study will be conducted for the corridor area. As the specific alignments are developed more detailed study will be done. This will aid in determining viable locations of roadway options. 6. Engage in the initial evaluation of a Phase 1 Environmental Study covering the anticipated area of the corridor. Detailed Phase 1 Studies will be performed as specific alignments are determined. Page 1 of 8 7. Develop up to three alignments for conceptual study and report. These will be developed from information collected as described above and information from a public hearing. The initial public hearing will focus on providing general information and obtaining comments from surrounding property owners. These comments and the general guidelines will be used to develop the concepts. 8. Based on the concept alignment, geotechnical information will be acquired. These include some borings for rock, preliminary soils identification and investigations related to sink holes in the area. 9. Preliminary profiles and construction limits will be determined. Major storm drainage areas will also be determined. A review of the possible intersections will be conducted. 10. A conceptual report showing up to three alignments will be submitted. Within this report a matrix will be developed to assist in evaluating each concept. Meetings (1 each} with Christian County and the City of Nixa will be conducted. 11. A second public hearing will be held to discuss the alternates with neighboring property owners and the general public. 12. Based on comments, preliminary plans will be developed from profiles. Cross sections will determine limits of construction for establishing right-of-way boundaries. Drainage will be designed to provide the County with a base to establish a guideline for future developers. Intersections will be designed based on future projections. Access management criteria will be provided as a policy to the corridor development. 13. A third public hearing will be held to present the final proposed alignment, boundaries and right- of-way requirements. 14. The consultant will be available for consultation meetings with the County and/or City of Nixa and developers as potential improvements are proposed. ARTICLE 11 - ADDITIONAL SERVICES: The County reserves the right to request additional work, or changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed for performance of the additional or changed work. Any change in compensation will be covered in the supplement. Additional services may include: 1. Obtain Services of others. Provide through subcontract the services or data other than those set forth in Article 1. 2. Preparing to service or serving as a witness for County in any litigation or other proceedings involving the project. 3. Extra Services. Services not specifically defined heretofore that may be authorized by County. ARTICLE 111 - RESPONSIBILITIES OF THE COUNTY: County shall, within a reasonable time, so as not to delay the services of Consultant: 1. Provide full information as to the requirements for the Project. Page 2 of 8 2. Assist Consultant by placing at his disposal available information pertinent to the assignment including previous reports and any other data relative thereto. 3. Obtain access to and make all provisions for Consultant to enter upon public and private property as reasonably practical and as required for Consultant to perform his services underthis Agreement. 4. Examine all studies, reports, sketches, estimates, drawings, proposals and other documents presented by Consultant and render in writing decisions pertaining thereto. 5. Provide such professional legal, accounting, financial and insurance counseling services for the Project, if required. 6. Designate in writing a person to act as County's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define County's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 7. Give prompt written notice to Consultant whenever County observes or otherwise becomes aware of any defect in the Project. 8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 9. Furnish, or direct Consuttant to provide, necessary Additional Services as stipulated in Article 11 of this Agreement or other services as required. ARTICLE IV - PERIOD OF SERVICE: 1. This Agreement will become effective upon the first written notice by County authorizing services hereunder. 2. This Agreement shall be applicable to all assignments authorized by County and accepted by Consultant subsequent to the date of its execution and shall be effective as to all assignments authorized prior to the completion date. All assignments authorized prior to the completion date, even if to be performed in whole or in part subsequent to the completion date, shall be governed by the terms and conditions of this Agreement. At the completion date, upon mutual agreement of the parties hereto, this Agreement may be extended, renegotiated, or terminated. Such extension, renegotiation, or termination shall not have any effect upon assignments authorized prior to the completion date. 3. Performance time for individual assignments shall be agreed upon at the time of authorization. Work shall be started within ten (10} days of authorization of individual assignments and prosecuted expeditiously. 4. Consultant shall complete the conceptual and preliminary design phase within seven months of the date of execution of this agreement provided that County has met its responsibilities as outlined in Article 111. Page 3 of 8 ARTICLE V - STANDARDS: Design criteria and project planning will be in accordance with the Policy on Geometric Design of Highways and Streets as promulgated by the American Association of State Highway and Transportation Officials (AASHTO), MoDOT Standard Plans and Specifications. ARTICLE VI - COMPENSATION: For services provided under this contract, the County will compensate the Consultant as follows: 1. For design services, outlined in Article 1, Items 1 to 13, the County will pay the Consultant a not-to-exceed amount of $280,342, which shall be computed on the basis of actual productive .- salaries times a muitiptier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. For meetings outlined in Article 1, Item 14, the County will pay the consultant on an hourly basis for each meeting and subsequent review computed on the basis of actual productive salaries times a multiplier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. 2. Salary Rates. Current salary rates for 2004 are shown on Table B. Invoices generated by the Consultant will reflect the actual wage paid to individual employees at the time of invoicing, which may vary from the rates shown on Table B to reflect minor related wage rates increases. The total estimated salary costs shown on Table A are based on the following work hour rates used for estimating purposes only. They are based on the rates for the personnel anticipated to be performing the work. 2004 Principal $42.82/hour Project/Senior Engineer $32.76/hour Design Engineer $22.84/hour 3 Technician $20.33/hour Should the contract extend beyond the year 2004 due to length of reviews or changes not anticipated, the Consultant shall be entitled to an increase in the not to exceed amount, based on future rates and overhead. Future rates and overhead shall be based on the consultant's overhead and salary rates used on MoDOT projects for that year. These rates are audited by MoDOT. 3. Expense Schedule: Mileage : $0.375 per mile (or as permitted by the IRS) Reduced Size Prints : Direct Cost Subcontracted Services : Direct Cost --- Printing & Reproduction : Direct Cost Subsistence : Direct Cost Page 4 of 8 t 4. Method of Payment: Partial payments for work completed will be made to the Consultant within 60 days of receipt of itemized invoices by the County. Invoices will be submitted no more frequently than one invoice per month. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to,solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the County shall be have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VI11- SUBLETTING, ASSIGNMENT OR TRANSFER: No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred without the written consent of the County. The subletting of the work shall in no way relieve the Consultant of his primary responsibility of the quality and performance of the work. It is the intention of the Consultant to engage subcontractors for performance of surveying, geotechnical investigations, and right-of-way and easement deed preparation. ARTICLE IX - PROFESSIONAL ENDORSEMENT: All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. ARTICLE X - RETENTION OF RECORDS: The Consultant shall maintain all records, survey notes, design documents, cost and accounting records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment. Said records shall be made available for inspection by authorized representatives of the County during regular working hours at the Consultant's place of business ARTICLE XI - OWNERSHIP OF DOCUMENTS: Plans, tracings, and maps prepared under this contract shall be delivered to, and become the property of the County upon termination or completion of work. The Consultant shall furnish the County with sealed reproducible mytars and copies of all computer generated files related to the project with drawings being compatible with AutoCad. The Consultant's logo and professional seal will be removed from the electronic files prior to delivery. Under the terms of this agreement, the County acknowledges and agrees to the stipulation that the official contract documents shall be comprised of the hard copy drawings and specifications bearing the seal and signature of the Consultant. Basic survey notes, design computations and other data prepared under this contract shall be made available to the County upon request. All such information produced under this contact shall be available for use by the County without restriction or limitation on its use. Should the County incorporate any portion of the work into a project other than that for which it was performed, the County shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION: The County may terminate the contract at any time by giving written notice to the Consultant. If the contract is terminated because the project is abandoned or postponed by the County, the Consultant will be paid for salaries and expenses incurred up to the date of termination. Page 5 of 8 li e If the contract is terminated due to the Consultant's services being unsatisfactory in the judgement of the County, or if the Consultant fails to prosecute the work with due diligence, the County may procure completion of the work in such manner as it deems to be in the best interest of the County. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the County may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT: The County will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The County's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS: County and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS: The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title Vt of the Civil Rights Act of 1964 and nondiscrimination clause and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the County from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors, in the performance of the work under this contract. Unless directly attributable to negligent design practice on the part of the Consultant, the County agrees to save harmless the Consultant from all claims and liability resulting from improper construction of any portion of the project. Consultant is not responsible for job site safety or means and methods of construction used by contractors on the job. The County agrees to save harmless the Consultant from all claims and liability resulting from deviations -from the Consultant's construction documents by either the County or their Contractor during construction for which approval or consent of said deviations was not given in writing by the Consultant. ARTICLE XVII - NONDISCRIMINATION: The Consultant, with regard to the work performed by him after award and prior to completion of the contract work, will not discriminate on the grounds or race, color, or national original in the selection of or retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified of the Consultant's obligations under this contract and the regulations relative to nondiscrimination on the grounds of color, race or national origin. Page 6 of 8 ARTICLE XVIN -TABLES: The following exhibits are attached hereto and are hereby made part of this contract: Table A Estimate of Total Project Cost Table B Salary Rates and Average Workhour Rates Executed this .f day of /44, cA 2004. FOR: CHRISTIAN COUNTY Attest: Ut)31#¤ FOR: HARRINGTON & CORTELYOU, INC. Attest: 2_.1_ - By: U CERTIFICATION OF AUDITOR 4 803696. 'Smt %42,456£- , the duly appointed and acting Auditor for Christian County, Missouri, and in that capacity, do hereby certify on this 30< day of 130 6 2004, that there is an unencumbered balance to the credit of the appropriation which is to be charged for the County's share of the costs described in this Engineering Services Contract sufficient to meet the County's obligations under this Engineering Services Contract and an unencumbered cash balance in the County Treasury to the credit of the fund from which the County's financial obligation described in this Engineering Services Contract shail be paid sufficient to meet the County's obligations under this Engineering Services Contract. Auditor Page 7 of 8 CHRISTIAN COUNTY KANSAS EXPRESSWAY Table A Estimated Engineering Fees Principal 26 hrs. @ $ 42.82 = $ 1,113 Project Engineer 612 hrs. @ $ 32.76 = 20,049 Design Engineer 684 hrs. @ $ 22.84 = 15,623 Technician 828 hrs. @ $ 20.33 = 16,833 Salaries Costs = $ 53,618 Engineering Fee Salary Costs x 2.90 = $ 1 55.492 Expenses: Travel and Subsistence $ 1,500 Printing and Reproduction 2,000 Computer Charges 35Q Subtotal Expenses = $ 3,850 Subconsultants: Surveying Landmark Survey LLC $ 37,500 Geotechnical & Environmental Palmerton & Parrish 45,000 Cultural Resource Study Environmental Research Center of Missouri 2,500 Aerial Photography M. J. & Associates 36,00Q Subtotal Subconsultants = $ 121 ,000 TOTAL ESTIMATED FEES = $ 280,342 Page 8 of 8 f r 4 0 HARRINGTON & CORTELYOU, INC. Consulting Engineers BILLING RATES Table B January 2004 2004 Actual 2004 2004 Salary Rates Billable Rates _ Average Principals D. M. Waltemath 44.68 129.57 jr K. R. Eisenbeis 42.82 124.18 126.88 ProjecUSenior Engineers M. S. Huck 39.51 114.58 E. W Neprud 36.64 106.26 S. M. Warner 36.64 106.26 J S. L. Bergmann 28.88 83.75 102.71 Design Engineers S. A Pellegrino 33.76 97.90 S. D. Shafer 31.18 90.42 M. W. Carroll 31.03 89.99 M. J. Turner 30.75 89.18 K. S. Marx 24.71 71.66 D. J. Glastetter 23.85 69.17 L. L. Shadewald 23.13 67.08 S. D. Shank 22.84 66.24 1 P. N. Wuertz 21.98 63.74 J. C. Tarbell 21.41 62.09 A. R. Bush 20.37 59.07 D. R. Schulte 19.89 57.68 J. M. Davis 19.89 57.68 72.45 Technicians/Drafters J. K. Green 28.88 83.75 J. L. Kelly 27.73 80.42 T. L. Wells 26.58 77.08 B. T. Kearns 24.86 72.09 C. G. Burney 23.42 67.92 - M. T. Lynn 20.55 59.60 D. J. Moore 17.24 50.00 K. M. White 14.37 41.67 1 1 66.57 Special Consultants R. G. Crabtree 38.50 111.65 H. G. Jones 38.50 111.65 G. N. Pavlakis 37.00 107.30 B. Krey 27.00 78.30 CHRISTIAN COUNTY KANSAS EXPRESSWAY ENGINEERING SERVICES CONTRACT THIS CONTRACT is between the Christian County Commissioners, Christian County, Missouri, hereinafter referred to as the "County",and Harrington & Cortelyou, Inc., 300 S. Jefferson, Springfield, Missouri 65806, hereinafter referred to as the "Consultant". This project entails a conceptual and preliminary design of Kansas Expressway from the south line of Greene County to State Highway 14 at State Highway M west of the City of Nixa. The extension of the four-lane expressway will be done in accordance with AASHTO and MoDOT recommended design practices. The typical roadway section will be comprised of four lanes of directional traffic, full width shoulders and a median. Traffic signalization will be investigated at State Highway AA, Tracker Road, Northview Road and State Highway 14. The Consultant will provide the County with professional services hereinafter described for engineering design, preparation of the construction drawings and other related services specified herein and the County will pay the Consultant as provided in this contract. It is mutually agreed as follows: ARTICLE 1 - BASIC SCOPE OF SERVICES: 1. Collect available data related to the project. This involves but is not limited to existing plats, plans, mapping, county records, highway information, traffic counts and any other information available to assist in developing conceptual ideas. 2. Meetings (2) with City of Nixa and Christian County officials to discuss future land use plans for the corridor area. Design criteria will also be developed. 3. Meetings (1 each) with MoDOT District 8 and Greene County Highway Department will be held to discuss future plans for the Route 14 intersection and the proposed Kansas Expressway Extension. Discussions will also be held with the Springfield Area Transportation Study Organization (MPO). 4. Acquire topographic survey information. This will include aerial photography at 2 foot contour intervals. Spot elevations will be confirmed by land surveying and other significant features captured for use in the corridor planning. Maps depicting property owner tracts and ties to section corners will be prepared to serve as overlays during the corridor study process. 5. An initial Cultural Resource study will be conducted for the corridor area. As the specific alignments are developed more detailed study will be done. This will aid in determining viable locations of roadway options. 6. Engage in the initial evaluation of a Phase 1 Environmental Study covering the anticipated area of the corridor. Detailed Phase 1 Studies will be performed as specific alignments are determined. Page 1 of 8 F 7. Develop up to three alignments for conceptual study and report. These will be developed from information collected as described above and information from a public hearing. The initial public hearing will focus on providing general information and obtaining comments from surrounding property owners. These comments and the general guidelines will be used to develop the concepts. 8. Based on the concept alignment, geotechnical information will be acquired. These include some borings for rock, preliminary soils identification and investigations related to sink holes in the area. 9. Preliminary profiles and construction limits will be determined. Major storm drainage areas will also be determined. A review of the possible intersections will be conducted. 10. A conceptual report showing up to three alignments will be submitted. Within this report a matrix will be developed to assist in evaluating each concept. Meetings (1 each} with Christian County and the City of Nixa will be conducted. 11. A second public hearing will be held to discuss the alternates with neighboring property owners and the general public. 12. Based on comments, preliminary plans will be developed from profiles. Cross sections will determine limits of construction for establishing right-of-way boundaries. Drainage witl be designed to provide the County with a base to establish a guideline for future developers. Intersections will be designed based on future projections. Access management criteria will be provided as a policy to the corridor development. 13. A third public hearing will be held to present the final proposed alignment, boundaries and right- of-way requirements. 14. The consultant will be available for consultation meetings with the County and/or City of Nixa and developers as potential improvements are proposed. ARTICLE 11 - ADDITIONAL SERVICES: The County reserves the right to request additional work, or changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed for performance of the additional or changed work. Any change in compensation will be covered in the supplement. Additional services may include: 1. Obtain Services of others. Provide through subcontract the services or data other than those set forth in Article I. 2. Preparing to service or serving as a witness for County in any litigation or other proceedings involving the project. 3. Extra Services. Services not specifically defined heretofore that may be authorized by County. ARTICLE Ill - RESPONSIBILITIES OF THE COUNTY: County shall, within a reasonable time, so as not to delay the services of Consultant: 1. Provide full information as to the requirements for the Project. Page 2 of 8 T' l. i 2. Assist Consultant by placing at his disposal available information pertinent to the assignment including previous reports and any other data relative thereto. 3. Obtain access to and make att provisions for Consultant to enter upon public and private property as reasonably practical and as required for Consultant to perform his services under this Agreement. 4. Examine all studies, reports, sketches, estimates, drawings, proposals and other documents presented by Consultant and render in writing decisions pertaining thereto. 5. Provide such professional legal, accounting, financial and insurance counseling services for the Project, if required. 6. Designate in writing a person to act as County's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define County's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 7. Give prompt written notice to Consultant whenever County observes or otherwise becomes aware of any defect in the Project. 8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 9. Furnish, or direct Consultant to provide, necessary Additional Services as stipulated in Article 11 of this Agreement or other services as required. ARTICLE IV - PERIOD OF SERVICE: 1. This Agreement will become effective upon the first written notice by County authorizing services hereunder. 2. This Agreement shall be applicable to all assignments authorized by County and accepted by Consultant subsequent to the date of its execution and shall be effective as to all assignments authorized prior to the completion date. All assignments authorized prior to the completion date, even if to be performed in whole or in part subsequent to the completion date, shall be governed by the terms and conditions of this Agreement. At the completion date, upon mutual agreement of the parties hereto, this Agreement may be extended, renegotiated, or terminated. Such extension, renegotiation, or termination shall not have any effect upon assignments authorized prior to the completion date. 3. Performance time for individual assignments shall be agreed upon at the time of authorization. Work shall be started within ten (10) days of authorization of individual assignments and prosecuted expeditiously. 4. Consultant shall complete the conceptual and preliminary design phase within seven months of the date of execution of this agreement provided that County has met its responsibilities as outlined in Article 111. Page 3 of 8 ARTICLE V - STANDARDS: Design criteria and project planning will be in accordance with the Policy on Geometric Design of Highways and Streets as promulgated by the American Association of State Highway and Transportation Officials (AASHTO), MoDOT Standard Plans and Specifications. ARTICLE VI - COMPENSATION: For services provided under this contract, the County will compensate the Consultant as follows: 1. For design services, outlined in Article 1, Items 1 to 13, the County will pay the Consultant a not-to-exceed amount of $280,342, which shall be computed on the basis of actual productive salaries times a multiplier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. For meetings outlined in Article 1, Item 14, the County will pay the consultant on an hourly basis for each meeting and subsequent review computed on the basis of actual productive salaries times a multiplier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. 2. Salary Rates. Current salary rates for 2004 are shown on Table B. Invoices generated by the Consultant will reflect the actual wage paid to individual employees at the time of invoicing, which may vary from the rates shown on Table B to reflect minor related wage rates increases. The total estimated salary costs shown on Table A are based on the following work hour rates used for estimating purposes only. They are based on the rates for the personnel anticipated to be performing the work. 2004 Principal $42.82/hour Project/Senior Engineer $32.76/hour Design Engineer $22.84/hour Technician $20.33/hour Should the contract extend beyond the year 2004 due to length of reviews or changes not anticipated, the Consultant shall be entitled to an increase in the not to exceed amount, based on future rates and overhead. Future rates and overhead shall be based on the consultant's overhead and salary rates used on MoDOT projects for that year. These rates are audited by MoDOT. 3. Expense Schedule: Mileage : $0.375 per mile {or as permitted by the IRS) Reduced Size Prints : Direct Cost Subcontracted Services : Direct Cost Printing & Reproduction : Direct Cost Subsistence : Direct Cost Page 4 of 8 4. Method of Payment: Partial payments for work completed will be made to the Consultant within 60 days of receipt of itemized invoices by the County. Invoices will be submitted no more frequently than one invoice per month. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the County shall be have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VI11 - SUBLETTING, ASSIGNMENT OR TRANSFER: No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred without the written consent of the County. The subletting of the work shall in no way relieve the Consultant of his primary responsibility of the quality and performance of the work. It is the intention of the Consultant to engage subcontractors for performance of surveying, geotechnical investigations, and right-of-way and easement deed preparation. ARTICLE IX - PROFESSIONAL ENDORSEMENT: All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. ARTICLE X - RETENTION OF RECORDS: The Consultant shall maintain all records, survey notes, design documents, cost and accounting records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment. Said records shall be made available for inspection by authorized representatives of the County during regular working hours at the Consultant's place of business ARTICLE XI - OWNERSHIP OF DOCUMENTS: Plans, tracings, and maps prepared under this contract shall be delivered to, and become the property of the County upon termination or completion of work. The Consultant shall furnish the County with sealed reproducible mylars and copies of all computer generated files related to the project with drawings being compatible with AutoCad. The Consultant's logo and professional seal will be removed from the electronic files prior to delivery. Under the terms of this agreement, the County acknowledges and agrees to the stipulation that the official contract documents shall be comprised of the hard copy drawings and specifications bearing the seal and signature of the Consultant. Basic survey notes, design computations and other data prepared under this contract shall be made available to the County upon request. All such information produced under this contact shall be available for use by the County without restriction or limitation on its use. Should the County incorporate any portion of the work into a project other than that for which it was performed, the County shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION: The County may terminate the contract at any time by giving written notice to the Consultant. If the contract is terminated because the project is abandoned or postponed by the County, the Consultant will be paid for salaries and expenses incurred up to the date of termination. Page 5 of 8 lf the contract is terminated due to the Consultant's services being unsatisfactory in the judgement of the County, or if the Consultant fails to prosecute the work with due diligence, the County may procure completion of the work in such manner as it deems to be in the best interest of the County. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the County may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. ARTICLE XII] - DECISIONS UNDER THIS CONTRACT: The County will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The County's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS: County and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS: The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title Vl of the Civil Rights Act of 1964 and nondiscrimination clause and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the County from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors, in the performance of the work under this contract. Unless directly attributable to negligent design practice on the part of the Consultant, the County agrees to save harmless the Consultant from al! claims and liability resulting from improper construction of any portion of the project. Consultant is not responsible for job site safety or means and methods of construction used by contractors on the job. The County agrees to save harmless the Consultant from all claims and liability resulting from deviations from the Consultant's construction documents by either the County or their Contractor during construction for which approval or consent of said deviations was not given in writing by the Consultant. ARTICLE XVII - NONDISCRIMINATION: The Consultant, with regard to the work performed by him after award and prior to completion of the contract work, will not discriminate on the grounds or race, color, or national original in the selection of or retention of subcontractors. The Consultant will comply with Title VI off the Civil Rights Act of 1964, as amended. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified of the Consultant's obligations under this contract and the regulations relative to nondiscrimination on the grounds of color, race or national origin. Page 6 of 8 ARTICLE XVI11 - TABLES: The following exhibits are attached hereto and are hereby made part of this contract: Table A Estimate of Total Project Cost Table B Salary Rates and Average Workhour Rates Executed this -- day of Flave€ 2004. FOR: CHRISTIAN COUNTY Attest: toe- 8 /»0 0 61/ FOR: HARRINGTON & CORTELYOU. INC. Attest: AAL By: CERTIFICATION OF AUDITOR /,OSAJO *'4** \ALAJGLL 24-11!r day of Ju.32 2004, that there , the duly appointed and acting Auditor forgbristian County, Missouri, and in that capacity, do hereby certify on this is an unencumbered balance to the credit of the appropriation which is to be charged for the County's share of the costs described in this Engineering Services Contract sufficient to meet the County's obligations under this Engineering Services Contract and an unencumbered cash balance in the County Treasury to the credit of the fund from which the County's financial obligation described in this Engineering Services Contract shall be paid sufficient to meet the County's obligations under this Engineering Services Contract. 14 414 *Md/ Additor Page 7 of 8 CHRISTIAN COUNTY KANSAS EXPRESSWAY Table A Estimated Engineering Fees Principal 26 hrs. @ $ 42.82 = $ 1,113 Project Engineer 612 hrs. @ $ 32.76 = 20,049 Design Engineer 684 hrs. @ $ 22.84 = 15,623 Technician 828 hrs. @ $ 20.33 = 16,833 Salaries Costs = $ 53,618 Engineering Fee Salary Costs x 2.90 = $ 1 55,492 Expenses: Travel and Subsistence $ 1,500 Printing and Reproduction 2,000 Computer Charges 350 Subtotal Expenses = $ 3,850 Subconsultants Surveying Landmark Survey LLC $ 37,500 Geotechnical & Environmental Palmerton & Parrish 45,000 Cultural Resource Study Environmental Research Center of Missouri 2,500 Aerial Photography M. J. & Associates 36,000 Subtotal Subconsultants = $ 121,000 TOTAL ESTIMATED FEES = $ 280,342 Page 8 of 8 kl,4 , HARRINGTON & CORTELYOU, INC. Consulting Engineers BILLING RATES Table B January 2004 2004 Actual 2004 2004 Salary Rates Billable Rates _ Average Principals D. M. Waltemath 44.68 129.57 K. R. Eisenbeis 42.82 124.18 126.88_ Project/Senior Engineers M. S. Huck 39.51 114.58 E. W Neprud 36.64 106.26 S. M. Warner 36.64 106.26 S. L. Bergmann 28.88 83.75 102.71 Design Engineers _ S. A. Pellegrino 33.76 97.90 S. D. Shafer 31.18 90.42 M. W. Carroll 31.03 89.99 P M. J. Turner 30.75 89.18 K. S. Marx 24.71 71.66 D. J. Glastetter 23.85 69.17 L. L. Shadewald 23.13 67.08 S. D. Shank 22.84 66.24 P. N. Wuertz 21.98 63.74 J. C. Tarbell 21.41 62.09 - A. R. Bush 20.37 59.07 D. R. Schulte 19.89 57.68 J. M. Davis 19.89 57.68 72.45 Technicians/Drafters J. K. Green 28.88 83.75 1 J. L. Kelly 27.73 80.42 T. L. Wells 26.58 77.08 B. T. Kearns 24.86 72.09 - - il C. G. Bumey 23.42 67.92 - M. T. Lynn 20.55 59.60 D. J. Moore 17.24 50.00 K. M. White 14.37 41.67 66.57 Special Consultants R. G. Crabtree 38.50 111.65 H. G. Jones 38.50 111.65 G. N. Pavlakis 37.00 107.30 B. Krey 27.00 78.30 1 . 4 t OFFICE OFTHE PROSECUTING ATTORNEY CHRISTIAN COUNTY MISSOURI Ron Cleek - Prosecutor 110WElm,Room 109 Christian County Courthouse Ozark, MO 65721 Phone: (417) 581-7915 · Fax: (417) 581-7918 March 1, 2004 Christian County Commissioners HAND DELIVERED RE: Contract between the County and Harrington & Cortelyou, Inc. Gentlemen: I have reviewed the revised contiact as referenced above. There still remain the uncertainties that I pointed out to you in my earlier letter. However, there is more acceptable language in the contract. Before, Article III paragraph 3 stated that the County would "Guarantee" access to...private property as required for Consultant to perform his services .... That language has been changed. The new language states that the "County shall, within a reasonable time...Obtain access to and make all provisions for...." Although the wording is shall, it is not guarantee. I feel this gives the County a little more room and I feel much more comfortable with this wording. Article III paragraph 5 still gives me some concerns. It still lists several different things that the County will provide for the project. Amongst those items are legal, accounting, financial, and insurance services. I still do not know what all of this entail? I also still have the question of whether or not these expenses have already been accounted for and have the Commission set money aside for or are these things that we need to be looking for ways to find money for in the future? I do not think this is a huge problem. However I want you to be aware and not be surprised if something does arise at a later point in time during the process. As explained before, the rest ofthe contract seems fairly straightforward and written in f *. f such a way that is fair for both parties. Sincerely, //1- Ron Cleek Christian County Prosecutor *1*.Setaf*25*$$ M:': Christian: County TOOW. Church Rm 100 Ozork. MO. 65721 24868©fS ' ' L El :i : «92 To: A From Christian County Commission Date: L /29 log. 937-/331 JOHN GRUBAUGH Number of Pages: /8 Presiding Commissioner Phone: 417-581-2112 Fax: 417-581-5924 Tom Chudomelka Eastern Commissioner Bill Barnett Western Commissioner Ginny Witt Executive Assistant Remarks: |-_rm - 11[f) Ljdul e.*,244 aoLUL.* 81"s 1=]a Wis U £#LCLA-4-*. 0 -824*Vial; - J-Q- 24-· 4 . CHRISTIAN COUNTY KANSAS EXPRESSWAY ENGINEERING SERVICES CONTRACT THIS CONTRACT is between the Christian County Commissioners, Christian County, Missouri, hereinafter referred to as the "County", and Harrington & Cortelyou, Inc., 300 S. Jefferson, Springfield, Missouri 65806, hereinafter referred to as the "Consultant". This project entails a conceptual and preliminary design of Kansas Expressway from the south line of Greene County to State Highway 14 at State Highway M west of the City of Nixa. The extension of the four-lane expressway will be done in accordance with AASHTO and MoDOT recommended design practices. The typical roadway section will be comprised of four lanes of directional traffic, full width shoulders and a median. Traffic signalization will be investigated at State Highway AA, Tracker Road, Northview Road and State Highway 14. The Consultant will provide the County with professional services hereinafter described for engineering design, preparation of the construction drawings and other related services specified herein and the County will pay the Consultant as provided in this contract. It is mutually agreed as follows: ARTICLE 1 - BASIC SCOPE OF SERVICES: 1. Collect available data related to the project. This involves but is not limited to existing plats, plans, mapping, county records, highway information, traffic counts and any other information available to assist in developing conceptual ideas. 2. Meetings (2) with City of Nixa and Christian County officials to discuss future land use plans for the corridor area. Design criteria will also be developed. 3. Meetings (1 each) with MoDOT District 8 and Greene County Highway Department will be held to discuss future plans for the Route 14 intersection and the proposed Kansas Expressway Extension. Discussions will also be held with the Springfield Area Transportation Study Organization (MPO). 4. Acquire topographic survey information. This will include aerial photography at 2 foot contour intervals. Spot elevations will be confirmed by land surveying and other significant features captured for use in the corridor planning. Maps depicting property owner tracts and ties to section corners will be prepared to serve as overlays during the corridor study process. 5. An initial Cultural Resource study will be conducted for the corridor area. As the specific alignments are developed more detailed study will be done. This will aid in determining viable locations of roadway options. 6. Engage in the initial evaluation of a Phase 1 Environmental Study covering the anticipated area of the corridor. Detailed Phase 1 Studies will be performed as specific alignments are determined. 4% Page 1 of 8 7. Develop up to three alignments for conceptual study and report. These will be developed from information collected as described above and information from a public hearing. The initial public hearing will focus on providing general information and obtaining comments from surrounding property owners. These comments and the general guidelines will be used to develop the concepts. 8. Based on the concept alignment, geotechnical information will be acquired. These include some borings for rock, preliminary soils identification and investigations related to sink holes in the area. 9. Preliminary profiles and construction limits will be determined. Major storm drainage areas will also be determined. A review of the possible intersections will be conducted. 10. A conceptual report showing up to three alignments will be submitted. Within this report a matrix will be developed to assist in evaluating each concept. Meetings (1 each) with Christian County and the City of Nixa will be conducted. 11. A second public hearing will be held to discuss the alternates with neighboring property owners and the general public. 12. Based on comments, preliminary plans will be developed from profiles. Cross sections will determine limits of construction for establishing right-of-way boundaries. Drainage will be designed to provide the County with a base to establish a guideline for future developers. Intersections will be designed based on future projections. Access management criteria will be provided as a policy to the corridor development. 13. A third public hearing will be held to present the final proposed alignment, boundaries and right- of-way requirements. 14. The consultant will be available for consultation meetings with the County and/or City of Nixa and developers as potential improvements are proposed. ARTICLE 11 - ADDITIONAL SERVICES: The County reserves the right to request additional work, or changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed for performance of the additional or changed work. Any change in compensation will be covered in the supplement. Additional services may include: 1. Obtain Services of others. Provide through subcontract the services or data other than those set forth in Article I. 2. Preparing to service or serving as a witness for County in any litigation or other proceedings involving the project. 3. Extra Services. Services not specifically defined heretofore that may be authorized by County. ARTICLE Ill - RESPONSIBILITIES OF THE COUNTY: County shall, within a reasonable time, so as not to delay the services of Consultant: 1. Provide full information as to the requirements for the Project. Page 2 of 8 2. Assist Consultant by placing at his disposal available information pertinent to the assignment including previous reports and any other data relative thereto. 3. Guarantee access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform his services under this Agreement. 4. Examine all studies, reports, sketches, estimates, drawings, proposals and other documents presented by Consultant and render in writing decisions pertaining thereto. 5. Provide such professional legal, accounting, financial and insurance counseling services as may be required for the Project. 6. Designate in writing a person to act as County's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define County's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 7. Give prompt written notice to Consultant whenever County observes or otherwise becomes aware of any defect in the Project. 8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 9. Furnish, or direct Consultant to provide, necessary Additional Services as stipulated in Article It of this Agreement or other services as required. ARTICLE IV - PERIOD OF SERVICE: 1. This Agreement will become effective upon the first written notice by County authorizing services hereunder. 2. This Agreement shall be applicable to all assignments authorized by County and accepted by Consultant subsequent to the date of its execution and shall be effective as to all assignments authorized prior to the completion date. All assignments authorized prior to the completion date, even if to be performed in whole or in part subsequent to the completion date, shall be governed by the terms and conditions of this Agreement. At the completion date, upon mutual agreement of the parties hereto, this Agreement may be extended, renegotiated, or terminated. Such extension, renegotiation, or termination shall not have any effect upon assignments authorized prior to the completion date. 3. Performance time for individual assignments shall be agreed upon at the time of authorization. Work shall be started within ten (10) days of authorization of individual assignments and prosecuted expeditiously. 4. Consultant shall complete the conceptual and preliminary design phase within seven months of the date of execution of this agreement provided that County has met its responsibilities as outlined in Article 111. ARTICLE V - STANDARDS: Design criteria and project planning will be in accordance with the Policy on Geometric Design of Highways and Streets as promulgated by the American Association of State Highway and Transportation Officials (AASHTO), MoDOT Standard Plans and Specifications. Page 3 of 8 ARTICLE VI - COMPENSATION: For services provided under this contract, the County will compensate the Consultant as follows: 1. For design services, outlined in Article 1, Items 1 to 13, the County will pay the Consultant a not-to-exceed amount of $280,342, which shall be computed on the basis of actual productive salaries times a muitiplier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. For meetings outlined in Article 1, Item 14, the County will pay the consultant on an hourly basis for each meeting and subsequent review computed on the basis of actual productive salaries times a multiplier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. 2. Salary Rates. Current salary rates for 2004 are shown on Table B. Invoices generated by the Consultant will reflect the actual wage paid to individual employees at the time of invoicing, which may vary from the rates shown on Table B to reflect minor related wage rates increases. The total estimated salary costs shown on Table A are based on the following work hour rates used for estimating purposes only. They are based on the rates for the personnel anticipated to be performing the work. 2004 Principal $42.82/hour Project/Senior Engineer $32.76/hour Design Engineer $22.84/hour Technician $20.33/hour Should the contract extend beyond the year 2004 due to length of reviews or changes not anticipated, the Consultant shall be entitled to an increase in the not to exceed amount, based on future rates and overhead. Future rates and overhead shall be based on the consultant's overhead and salary rates used on MoDOT projects for that year. These rates are audited by MoDOT. 3. Expense Schedule: Mileage $0.375 per mile (or as permitted by the IRS) Reduced Size Prints Direct Cost Subcontracted Services Direct Cost Printing & Reproduction Direct Cost Subsistence Direct Cost 4. Method of Payment: Partial payments for work completed will be made to the Consultant within 60 days of receipt of itemized invoices by the County. Invoices will be submitted no more frequently than one invoice per month. Page 4 of 8 ARTICLE VII - COVENANT AGAINST CONTINGENT FEES: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the County shall be have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VII! - SUBLETTING, ASSIGNMENT OR TRANSFER: No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred without the written consent of the County. The subletting of the work shall in no way relieve the Consultant of his primary responsibility of the quality and performance of the work. It is the intention of the Consultant to engage subcontractors for performance of surveying, geotechnical investigations, and right-of-way and easement deed preparation. ARTICLE IX - PROFESSIONAL ENDORSEMENT: All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. ARTICLE X - RETENTION OF RECORDS: The Consultant shall maintain all records, survey notes, design documents, cost and accounting records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment. Said records shall be made available for inspection by authorized representatives of the County during regular working hours at the Consultant's place of business ARTICLE XI -OWNERSHIP OF DOCUMENTS: Plans, tracings, and maps prepared under this contract shall be delivered to, and become the property of the County upon termination or completion of work. The Consultant shall furnish the County with seated reproducible mylars and copies of all computer generated files related to the project with drawings being compatible with AutoCad. The Consultant's logo and professional seal will be removed from the electronic files prior to delivery. Under the terms of this agreement, the County acknowledges and agrees to the stipulation that the official contract documents shall be comprised of the hard copy drawings and specifications bearing the seal and signature of the Consultant. Basic survey notes, design computations and other data prepared under this contract shall be made availabte to the County upon request. All such information produced under this contact shall be available for use by the County without restriction or limitation on its use. Should the County incorporate any portion of the work into a project other than that for which it was performed, the County shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION: The County may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the County, the Consultant will be paid for salaries and expenses incurred up to the date of termination. Page 5 of 8 If the contract is terminated due to the Consultant's services being unsatisfactory in the judgement of the County, or if the Consultant fails to prosecute the work with due diligence, the County may procure completion of the work in such manner as it deems to be in the best interest of the County. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the County may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT: The County will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The County's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS: County and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS: The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and nondiscrimination clause and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the County from atl claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors, in the performance of the work under this contract. Unless directly attributable to negligent design practice on the part of the Consultant, the County agrees to save harmless the Consultant from all claims and liability resulting from improper construction of any portion of the project. Consultant is not responsible for job site safety or means and methods of construction used by contractors on the job. The County agrees to save harmless the Consultant from all claims and liability resulting from deviations from the Consultant's construction documents by either the County or their Contractor during construction for which approval or consent of said deviations was not given in writing by the Consultant. ARTICLE XVII - NONDISCRIMINATION: The Consultant, with regard to the work performed by him after award and prior to completion of the contract work, will not discriminate on the grounds or race, color, or national original in the selection of or retention of subcontractors. The Consultant will comply with Title Vt of the Civil Rights Act of 1964, as amended. in all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified of the Consultant's obligations under this contract and the regulations relative to nondiscrimination on the grounds of color, race or national origin. Page 6 of 8 ARTICLE XVI11 - TABLES: The following exhibits are attached hereto and are hereby made part of this contract: Table A Estimate of Total Project Cost Table B Salary Rates and Average Workhour Rates Executed this day of 2004. FOR: CHRISTIAN COUNTY Attest: By: FOR: HARRINGTON & CORTELYOU, INC. Attest: -025,4 By: 9,5- 5- CERTIFICATION OF AUDITOR 1, , the duly appointed and acting Auditor for Christian County, Missouri, and in that capacity, do hereby certify on this day of 2004, that there is an unencumbered balance to the credit of the appropriation which is to be charged for the County's share of the costs described in this Engineering Services Contract sufficient to meet the County's obligations under this Engineering Services Contract and an unencumbered cash balance in the County Treasury to the credit of the fund from which the County's financial obligation described in this Engineering Services Contract shall be paid sufficient to meet the County's obligations under this Engineering Services Contract. Auditor Page 7 of 8 CHRISTIAN COUNTY KANSAS EXPRESSWAY Table A Estimated Engineering Fees Principal 26 hrs. @ $ 42.82 = $ 1,113 Project Engineer 612 hrs. @ $ 32.76 = 20,049 Design Engineer 684 hrs. @ $ 22.84 = 15,623 Technician 828 hrs. @ $ 20.33 = 16,833 Salaries Costs = $ 53,618 Engineering Fee Salary Costs x 2.90 = $ 1 55,492 Expenses: Travel and Subsistence $ 1,500 Printing and Reproduction 2,000 Computer Charges 350 Subtotal Expenses = $ 3,850 Subconsultants: Surveying $ 37,500 Landmark Survey LLC Geotechnical & Environmental Palmerton & Parrish 45,000 Cultural Resource Study Environmental Research Center of Missouri 2,500 Aerial Photography M. J. & Associates 36,000 Subtotal Subconsultants = $ 121 ,000 TOTAL ESTIMATED FEES = $ 280,342 Page 8 of 8 1[€ HARRINGTON & CORTELYOU, INC. Consulting Engineers BILLING RATES January 2004 2004 Actual 2004 2004 Salary Rates Billable Rates AMerage _Principals D. M. Waltemath 44.68 129.57 K. R. Eisenbeis 42.82 124.18 126.88 Project/Senior Engineers M. S. Huck 39.51 114.58 E. W. Neprud 36.64 106.26 S. M. Warner 36.64 106.26 S. L. Bergmann 28.88 83.75 102.71 Design Engineers S. A. Pellegrino 33.76 97.90 S. D. Shafer 31.18 90.42 M. W. Carroll 31.03 89.99 M. J. Turner 30.75 89.18 K. S. Marx 24.71 71.66 D. J. Glastetter 23.85 69.17 L. L. Shadewald 23.13 67.08 S. D. Shank 22.84 66.24 P. N. Wuertz 21.98 63.74 J. C. Tarbell 21.41 62.09 A. R. Bush 20.37 59.07 D. R. Schulte 19.89 57.68 J. M. Davis 19.89 57.68 72.45 Technicians/Drafters J. K. Green 28.88 83.75 J. L. Kelly 27.73 80.42 T. L. Wells 26.58 77.08 1 B. T. Kearns 24.86 72.09 C. G. Bumey 23.42 67.92 M. T. Lynn 20.55 59.60 D. J. Moore 17.24 50.00 K. M. White 14.37 41.67 66.57 Special Consultants R. G. Crabtree 38.50 111.65 H. G. Jones 38.50 111.65 G. N. Pavlakis 37.00 107.30 B. Krey 27.00 78.30 1 , HARRINGTON & CORTELYOU, INC. Consulting Engineers BILLING RATES January 2004 2004 Actual 2004 2004 Salary Rates Billable Rates - Average Principals D. M. Waltemath 44.68 129.57 K. R. Eisenbeis 42.82 124.18 126.88 Project/Senior Engineers M. S. Huck 39.51 114.58 E. W. Neprud 36.64 106.26 S. M. Warner 36.64 106.26 S. L. Bergmann 28.88 83.75 102.71 Design Engineers S. A. Pellegrino 33.76 97.90 S. D. Shafer 31.18 90.42 M. W. Carroll 31.03 89.99 M. J. Turner 30.75 89.18 K. S. Marx 24.71 71.66 D. J. Glastetter 23.85 69.17 L. L. Shadewald 23.13 67.08 S. D. Shank 22.84 66.24 P. N. Wuertz 21.98 63.74 J. C. Tarbell 21.41 62.09 A. R. Bush 20.37 59.07 D. R. Schulte 19.89 57.68 J. M. Davis 19.89 57.68 72.45 Technicians/Drafters J. K. Green 28.88 83.75 J. L. Kelly 27.73 80.42 T. L. Wells 26.58 77.08 B. T. Kearns 24.86 72.09 C. G. Burney 23.42 67.92 M. T. Lynn 20.55 59.60 D. J. Moore 17.24 50.00 K. M. White 14.37 41.67 66.57 Special Consultants R. G. Crabtree 38.50 111.65 H. G. Jones 38.50 111.65 G. N. Pavlakis 37.00 107.30 B. Krey 27.00 78.30 9 CHRISTIAN COUNTY KANSAS EXPRESSWAY ENGINEERING SERVICES CONTRACT THIS CONTRACT is between the Christian County Commissioners, Christian County, Missouri, hereinafter referred to as the "County",and Harrington & Cortelyou, Inc., 300 S. Jefferson, Springfield, Missouri 65806, hereinafter referred to as the "Consultant". This project entails a conceptual and preliminary design of Kansas Expressway from the south line of Greene County to State Highway 14 at State Highway M west of the City of Nixa. The extension of the four-lane expressway will be done in accordance with AASHTO and MoDOT recommended design practices. The typical roadway section will be comprised of four lanes of directional traffic, full width shoulders and a median. Traffic signalization will be investigated at State Highway AA, Tracker Road, Northview Road and State Highway 14. The Consultant will provide the County with professional services hereinafter described for engineering design, preparation of the construction drawings and other related services specified herein and the County will pay the Consultant as provided in this contract. k is mutually agreed as follows: ARTICLE 1 - BASIC SCOPE OF SERVICES: 1. Collect available data related to the project. This involves but is not limited to existing plats, plans, mapping, county records, highway information, traffic counts and any other information available to assist in developing conceptual ideas. 2. Meetings (2) with City of Nixa and Christian County officials to discuss future land use plans for the corridor area. Design criteria will also be developed. 3. Meetings {1 each) with MoDOT District 8 and Greene County Highway Department will be held to discuss future plans for the Route 14 intersection and the proposed Kansas Expressway Extension. Discussions will also be held with the Springfield Area Transportation Study Organization (MPO). 4. Acquire topographic survey information. This will include aerial photography at 2 foot contour intervals. Spot elevations will be confirmed by land surveying and other significant features captured for use in the corridor planning. Maps depicting property owner tracts and ties to section corners will be prepared to serve as overlays during the corridor study process. 5. An initial Cultural Resource study will be conducted for the corridor area. As the specific alignments are developed more detailed study will be done. This will aid in determining viable locations of roadway options. 6. Engage in the initial evaluation of a Phase 1 Environmental Study covering the anticipated area of the corridor. Detailed Phase 1 Studies will be performed as specific alignments are determined. Page 1 of 8 7. Develop up to three alignments for conceptual study and report. These will be developed from information collected as described above and information from a public hearing. The initial public hearing will focus on providing general information and obtaining comments from surrounding property owners. These comments and the general guidelines will be used to develop the concepts. 8. Based on the concept alignment, geotechnical information will be acquired. These include some borings for rock, preliminary soils identification and investigations related to sink holes in the area. 9. Preliminary profiles and construction limits will be determined. Major storm drainage areas will also be determined. A review of the possible intersections will be conducted. 10. A conceptual report showing up to three alignments will be submitted. Within this report a matrix will be developed to assist in evaluating each concept. Meetings (1 each) with Christian County and the City of Nixa will be conducted. 11. A second public hearing will be held to discuss the alternates with neighboring property owners and the general public. 12. Based on comments, preliminary plans will be developed from profiles. Cross sections will determine limits of construction for establishing right-of-way boundaries. Drainage will be designed to provide the County with a base to establish a guideline for future developers. Intersections will be designed based on future projections. Access management criteria will be provided as a policy to the corridor development. 13. A third public hearing will be held to present the final proposed alignment, boundaries and right- of-way requirements. 14. The consultant will be available for consultation meetings with the County and/or City of Nixa and developers as potential improvements are proposed. ARTICLE 11 - ADDITIONAL SERVICES: The County reserves the right to request additional work, or changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed for performance of the additional or changed work. Any change in compensation will be covered in the supplement. Additional services may include: 1. Obtain Services of others. Provide through subcontract the services or data other than those set forth in Article I. 2. Preparing to service or serving as a witness for County in any litigation or other proceedings involving th& project. 3. Extra Services. Services not specifically defined heretofore that may be authorized by County. ARTICLE 111 - RESPONSIBILITIES OF THE COUNTY: County shall, within a reasonable time, so as not to delay the services of Consultant: 1. Provide full information as to the requirements for the Project. Page 2 of 8 2. Assist Consultant by placing at his disposal available information pertinent to the assignment including previous reports and any other data relative thereto. 3. Guarantee access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform his services under this Agreement. 4. Examine all studies, reports, sketches, estimates, drawings, proposals and other documents presented by Consultant and render in writing decisions pertaining thereto. 5. Provide such professional legal, accounting, financial and insurance counseling services as may be required for the Project. 6. Designate in writing a person to act as County's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define County's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 7. Give prompt written notice to Consultant whenever County observes or otherwise becomes aware of any defect in the Project. 8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 9. Furnish, or direct Consultant to provide, necessary Additional Services as stipulated in Article 11 of this Agreement or other services as required. ARTICLE IV - PERIOD OF SERVICE: 1. This Agreement will become effective upon the first written notice by County authorizing services hereunder. 2. This Agreement shall be applicable to all assignments authorized by County and accepted by Consultant subsequent to the date of its execution and shall be effective as to all assignments authorized prior to the completion date. All assignments authorized prior to the completion date, even if to be performed in whole or in part subsequent to the completion date, shall be governed by the terms and conditions of this Agreement. At the completion date, upon mutual agreement of the parties hereto, this Agreement may be extended, renegotiated, or terminated. Such extension, renegotiation, or termination shall not have any effect upon assignments authorized prior to the completion date. 3. Performance time for individual assignments shall be agreed upon at the time of authorization. Work shall be started within ten (10) days of authorization of individual assignments and prosecuted expeditiously. 4. Consultant shall complete the conceptual and preliminary design phase within seven months of the date of execution of this agreement provided that County has met its responsibilities as outlined in Article Ill. ARTICLE V - STANDARDS: Design criteria and project planning will be in accordance with the Policy on Geometric Design of Highways and Streets as promulgated by the American Association of State Highway and Transportation Officials (AASHTO), MoDOT Standard Plans and Specifications. Page 3 of 8 ARTICLE VI - COMPENSATION: For services provided under this contract, the County will compensate the Consultant as follows: 1. For design services, outlined in Article 1, Items 1 to 13, the County will pay the Consultant a not-to-exceed amount of $280,342, which shall be computed on the basis of actual productive salaries times a multiplier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. For meetings outlined in Article 1, Item 14, the County will pay the consultant on an hourly basis for each meeting and subsequent review computed on the basis of actual productive salaries times a multiplier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. 2. Salary Rates. Current salary rates for 2004 are shown on Table B. Invoices generated by the Consultant will reflect the actual wage paid to individual employees at the time of invoicing, which may vary from the rates shown on Table B to reflect minor related wage rates increases. The total estimated salary costs shown on Table A are based on the following work hour rates used for estimating purposes only. They are based on the rates for the personnel anticipated to be performing the work. 2004 Principal $42.82/hour Project/Senior Engineer $32.76/hour Design Engineer $22.84/hour Technician $20.33/hour Should the contract extend beyond the year 2004 due to length of reviews or changes not anticipated, the Consultant shall be entitled to an increase in the not to exceed amount, based on future rates and overhead. Future rates and overhead shall be based on the consultant's overhead and salary rates used on MoDOT projects for that year. These rates are audited by MoDOT. 3. Expense Schedule: Mileage $0.375 per mile (or as permitted by the IRS) Reduced Size Prints Direct Cost Subcontracted Services Direct Cost Printing & Reproduction Direct Cost Subsistence Direct Cost 4. Method of Payment: Panial payments for work completed will be made to the Consultant within 60 days of receipt of itemized invoices by the County. Invoices will be submitted no more frequently than one invoice per month. Page 4 of 8 ARTICLE VII - COVENANT AGAINST CONTINGENT FEES: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee. commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the County shall be have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VI11 - SUBLETTING, ASSIGNMENT OR TRANSFER: No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred without the written consent of the County. The subletting of the work shall in no way relieve the Consultant of his primary responsibility of the quality and performance of the work. It is the intention of the Consultant to engage subcontractors for performance of surveying, geotechnical investigations, and right-of-way and easement deed preparation. ARTICLE IX - PROFESSIONAL ENDORSEMENT: All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. ARTICLE X - RETENTION OF RECORDS: The Consultant shall maintain all records, survey notes, design documents, cost and accounting records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment. Said records shall be made available for inspection by authorized representatives of the County during regular working hours at the Consultant's place of business ARTICLE XI - OWNERSHIP OF DOCUMENTS: Plans, tracings, and maps prepared under this contract shall be delivered to, and become the property of the County upon termination or completion of work. The Consultant shall furnish the County with seated reproducible mylars and copies of all computer generated files related to the project with drawings being compatible with AutoCad. The Consultant's logo and professional seal will be removed from the electronic files prior to delivery. Under the terms of this agreement, the County acknowledges and agrees to the stipulation that the official contract documents shall be comprised of the hard copy drawings and specifications bearing the seal and signature of the Consultant. Basic survey notes, design computations and other data prepared under this contract shall be made available to the County upon request. All such information produced under this contact shall be available for use by the County without restriction or limitation on its use. Should the County incorporate any portion of the work into a project other than that for which it was performed, the County shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION: The County may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the County, the Consultant will be paid for salaries and expenses incurred up to the date of termination. Page 5 of 8 If the contract is terminated due to the Consultant's services being unsatisfactory in the judgement of the County, or if the Consultant fails to prosecute the work with due diligence, the County may procure completion of the work in such manner as it deems to be in the best interest of the County. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the County may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT: The County will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The County's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS: County and the Consultant agree that this contract and at! contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS: The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title Vt of the Civil Rights Act of 1964 and nondiscrimination clause and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the County from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors, in the performance of the work under this contract. Unless directly attributable to negligent design practice on the part of the Consultant, the County agrees to save harmless the Consultant from all claims and liability resulting from improper construction of any portion of the project. Consultant is not responsible for job site safety or means and methods of construction used by contractors on the job. The County agrees to save harmless the Consultant from all claims and liability resulting from deviations from the Consultant's construction documents by either the County or their Contractor during construction for which approval or consent of said deviations was not given in writing by the Consultant. ARTICLE XVII - NONDISCRIMINATION: The Consultant, with regard to the work performed by him after award and prior to completion of the contract work, will not discriminate on the grounds or race, color, or national original in the selection of or retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified of the Consultant's obligations under this contract and the regulations relative to nondiscrimination on the grounds of color, race or national origin. Page 6 of 8 1 ARTICLE XVI11 - TABLES: The following exhibits are attached hereto and are hereby made part of this contract: Table A Estimate of Total Project Cost Table B Salary Rates and Average Workhour Rates Executed this day of 2004. FOR: CHRISTIAN COUNTY Attest: By: FOR: HARRINGTON & CORTELYOU, INC. Attest: --72--05-1.-1.-ts. By: CERTIFICATION OF AUDITOR 1, , the duly appointed and acting Auditor for Christian County, Missouri, and in that capacity, do hereby certify on this day of 2004, that there is an unencumbered balance to the credit of the appropriation which is to be charged for the County's share of the costs described in this Engineering Services Contract sufficient to meet the County's obligations under this Engineering Services Contract and an unencumbered cash balance in the County Treasury to the credit of the fund from which the County's financial obligation described in this Engineering Services Contract shall be paid sufficient to meet the County's obligations under this Engineering Services Contract. Auditor Page 7 of 8 CHRISTIAN COUNTY KANSAS EXPRESSWAY Table A Estimated Engineering Fees Principal 26 hrs. @ $ 42.82 = $ 1,113 Project Engineer 612 hrs. @ $ 32.76 = 20,049 Design Engineer 684 hrs. @ $ 22.84 = 15,623 Technician 828 hrs. @ $ 20.33 = 16.833 Salaries Costs = $ 53,618 Engineering Fee Salary Costs x 2.90 = $ 1 55,492 Expenses: Travel and Subsistence $ 1,500 Printing and Reproduction 2,000 Computer Charges 350 SubtotaIExpenses = $ 3,850 Subconsultants: Surveying Landmark Survey LLC $ 37,500 Geotechnical & Environmental Palmerton & Parrish 45,000 Cultural Resource Study Environmental Research Center of Missouri 2,500 Aerial Photography M. J. & Associates 36,000 Subtotal Subconsultants = $ 121,000 TOTAL ESTIMATED FEES = $ 280,342 Page 8 of 8 ,, HARRINGTON & CORTELYOU, INC. Consulting Engineers BILLING RATES January 2004 2004 Actual 2004 2004 Salary Rates Billable Rates bverage Principals D. M. Waltemath 44.68 129.57 K. R. Eisenbeis 42.82 124.18 126.88 Project/Senior Engineers i M. S. Huck 39.51 114.58 E. W. Neprud 36.64 106.26 S. M. Warger 36.64 106.26 S. L. Bergmann 28.88 83.75 102.71 Design Engineers S. A. Pellegrino 33.76 97.90 S. D. Shafer 31.18 90.42 M. W. Carroll 31.03 89.99 M. J. Turner 30.75 89.18 K. S. Marx 24.71 71.66 , 1 D. J. Glastetter 23.85 69.17 L. L. Shadewald 23.13 67.08 S. D. Shank 22.84 66.24 P. N. Wuertz 21.98 63.74 11 J. C. Tarbell 21.41 62.09 A. R. Bush 20.37 59.07 - D. R. Schulte 19.89 57.68 J. M. Davis 19.89 57.68 72.45 Technicians/Drafters J. K. Green 28.88 83.75 J. L. Kelly 27.73 80.42 T. L. Wells 26.58 77.08 B. T. Kearns 24.86 72.09 C. G. Bumey 23.42 67.92 M. T. Lynn 20.55 59.60 D. J. Moore 17.24 50.00 K. M. White 14.37 41.67 66.57 Special Consultants R. G. Crabtree 38.50 111.65 H. G. Jones 38.50 111.65 G. N. Pavlakis 37.00 107.30 B. Krey 27.00 78.30 t 11 J1 Christjan County 100 W. Church Rm 100 Ozark, MO. 65721 To: From: Christian County Commission -26 e TAJEESSFA K* JOHN GRUBAUGH Date: 026. 9 4004 Number of Pages: 8 Of*y &6'WBU Presiding Commissioner Phone: 417-581-2112 Fax: 417-581-5924 Tom Chudomelka Eastern Commissioner 725-6394 Bill Barnett Western Commissioner DEE CLOUD m Executive Assistant Remarks: trgfjoe_2263 2/0 1-2.22 (113- Ultflt509 ( NI'Ap C?(oj &444011 CHRISTIAN COUNTY KANSAS EXPRESSWAY ENGINEERING SERVICES CONTRACT THIS CONTRACT is between the Christian County Commissioners, Christian County, Missouri, hereinafter referred to as the "County", and Harrington & Cortelyou, Inc., 300 S. Jefferson, Springfield, Missouri 65806, hereinafter referred to as the "Consultant". This project entails a conceptual and preliminary design of Kansas Expressway from the south line of Greene County to State Highway 14 at State Highway M west of the City of Nixa. The extension of the four-lane expressway will be done in accordance with AASHTO and MoDOT recommended design practices. The typical roadway section will be comprised of four lanes of directional traffic, full width shoulders apd a median. Traffic signalization will be investigated at State Highway AA, Tracker Road, Northview Road and State Highway 14. The Consultant will provide the County with professional services hereinafter described for engineering design, preparation of the construction drawings and other related services specified herein and the County will pay the Consultant as provided in this contract. It is mutually agreed as follows: ARTICLE 1 - BASIC SCOPE OF SERVICES: 1. Collect available data related to the project. This involves but is not limited to existing plats, plans, mapping, county records, highway information, traffic counts and any other information available to assist in developing conceptual ideas. 2. Meetings (2) with City of Nixa and Christian County officials to discuss future land use plans for the corridor area. Design criteria will also be developed. 3. Meetings (1 each) with MoDOT District 8 and Greene County Highway Department will be held to discuss future plans for the Route 14 intersection and the proposed Kansas Expressway Extension. Discussions will also be held with the Springfield Area Transportation Study Organization (MPO). 4. Acquire topographic survey information. This wilt include aerial photography at 2 foot contour intervals. Spot elevations will be confirmed by land surveying and other significant features captured for use in the corridor planning. Maps depicting property owner tracts and ties to section corners will be prepared to serve as overlays during the corridor study process. 5. An initial Cultural Resource study will be conducted for the corridor area. As the specific alignments are developed more detailed study will be done. This will aid in determining viable locations of roadway options. 6. Engage in the initial evaluation of a Phase 1 Environmental Study covering the anticipated area of the corridor. Detailed Phase 1 Studies will be performed as specific alignments are determined. Page 1 of 8 7. Develop up to three alignments for conceptual study and report. These will be developed from information collected as described above and information from a public hearing. The initial public hearing will focus on providing general information and obtaining comments from surrounding property owners. These comments and the general guidelines will be used to develop the concepts. 8. Based on the concept alignment, geotechnical information will be acquired. These include some borings for rock, preliminary soils identification and investigations related to sink holes in the area. 9. Preliminary profiles and construction limits will be determined. Major storm drainage areas will also be determined. A review of the possible intersections will be conducted. 10. A conceptual report showing up to three alignments will be submitted. Within this report a matrix will be developed to assist in evaluating each concept. Meetings (1 each) with Christian County and the City of Nixa will be conducted. 11. A second public hearing will be held to discuss the alternates with neighboring property owners and the general public. 12. Based on comments, preliminary plans will be developed from profiles. Cross sections will determine limits of construction for establishing right-of-way boundaries. Drainage will be designed to provide the County with a base to establish a guideline for future developers. Intersections will be designed based on future projections. Access management criteria will be provided as a policy to the corridor development. 13. A third public hearing will be held to present the final proposed alignment, boundaries and right- of-way requirements. 14. The consultant will be available for consultation meetings with the County and/or City of Nixa and developers as potential improvements are proposed. ARTICLE 11 - ADDITIONAL SERVICES: The County reserves the right to request additional work, or changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed for performance of the additional or changed work. Any change in compensation will be covered in the supplement. Additional services may include: 1. Obtain Services of others. Provide through subcontract the services or data other than those set forth in Article 1. 2. Preparing to service or serving as a witness for County in any litigation or other proceedings involving the project. 3. Extra Services. Services not specifically defined heretofore that may be authorized by County. ARTICLE 111 - RESPONSIBILITIES OF THE COUNTY: County shall, within a reasonable time, so as not to delay the services of Consultant: 1. Provide full information as to the requirements for the Project. Page 2 of 8 2. Assist Consultant by placing at his disposal available information pertinent to the assignment including previous reports and any other data relative thereto. 3. Guarantee access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform his services under this Agreement. 4. Examine all studies, reports, sketches, estimates, drawings, proposals and other documents presented by Consultant and render in writing decisions pertaining thereto. 5. Provide such professional legal, accounting, financial and insurance counseling services as may be required for the Project. 6. Designate in writing a person to act as County's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define County's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 7. Give prompt written notice to Consultant whenever County observes or otherwise becomes aware of any defect in the Project. 8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 9. Furnish, or direct Consultant to provide, necessary Additional Services as stipulated in Article 11 of this Agreement or other services as required. ARTICLE IV - PERIOD OF SERVICE: 1. This Agreement will become effective upon the first written notice by County authorizing services hereunder. 2. This Agreement shall be applicable to all assignments authorized by County and accepted by Consultant subsequent to the date of its execution and shall be effective as to all assignments authorized prior to the completion date. All assignments authorized prior to the completion date, even if to be performed in whole or in part subsequent to the completion date, shall be governed by the terms and conditions of this Agreement. At the completion date, upon mutual agreement of the parties hereto, this Agreement may be extended, renegotiated, or terminated. Such extension, renegotiation, or termination shall not have any effect upon assignments authorized prior to the completion date. 3. Performance time for individual assignments shall be agreed upon at the time of authorization. Work shall be started within ten (10) days of authorization of individual assignments and prosecuted expeditiously. 4. Consultant shall complete the conceptual and preliminary design phase within seven months of the date of execution of this agreement provided that County has met its responsibilities as outlined in Article Ill. ARTICLE V - STANDARDS: Design criteria and project planning will be in accordance with the Policy on Geometric Design of Highways and Streets as promulgated by the American Association of State Highway and Transportation Officials (AASHTO}, MoDOT Standard Plans and Specifications. Page 3 of 8 ARTICLE VI - COMPENSATION: For services provided under this contract, the County will compensate the Consultant as follows: 1. For design services, outlined in Article 1, Items 1 to 13, the County will pay the Consultant a not-to-exceed amount of $280,342, which shall be computed on the basis of actual productive salaries times a multiplier of 2.90 for overhead and profit, plus direct' reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. For meetings outlined in Anicle 1, Item 14, the County will pay the consultant on an hourly basis for each meeting and subsequent review computed on the basis of actual productive salaries times a multiplier of 2.90 for overhead and profit, plus direct reimbursement of expenses, in accordance with the expense schedule stated herein, and project costs incurred on a subcontract basis. 2. Salary Rates. Current salary rates for 2004 are shown on Table B. Invoices generated by the Consultant will reflect the actual wage paid to individual employees at the time of invoicing, which may vary from the rates shown on Table B to reflect minor related wage rates increases. The total estimated salary costs shown on Table A are based on the following work hour rates used for estimating purposes only. They are based on the rates for the personnel anticipated to be performing the work. 2004 Principal $42.82/hour Project/Senior Engineer $32.76/hour Design Engineer $22.84/hour Technician $20.33/hour Should the contract extend beyond the year 2004 due to length of reviews or changes not anticipated, the Consultant shall be entitled to an increase in the not to exceed amount, based on future rates and overhead. Future rates and overhead shall be based on the consultant's overhead and salary rates used on MoDOT projects for that year. These rates are audited by MoDOT. 3. Expense Schedule: Mileage $0.375 per mile (or as permitted by the IRS) Reduced Size Prints Direct Cost Subcontracted Services Direct Cost Printing & Reproduction Direct Cost Subsistence Direct Cost 4. Method of Payment: Partial payments for work completed will be made to the Consultant within 60 days of receipt of itemized invoices by the County. Invoices will be submitted no more frequently than one invoice per month. Page 4 of 8 ARTICLE VII - COVENANT AGAINST CONTINGENT FEES: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the County shall be have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE Vill - SUBLETTING, ASSIGNMENT OR TRANSFER: No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred without the written consent of the County. The subletting of the work shall in no way relieve the Consultant of his primary responsibility of the quality and performance of the work. It is the intention of the Consultant to engage subcontractors for performance of surveying, geotechnical investigations, and right-of-way and easement deed preparation. ARTICLE IX - PROFESSIONAL ENDORSEMENT: All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. ARTICLE X - RETENTION OF RECORDS: The Consultant shall maintain all records, survey notes, design documents, cost and accounting records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment. Said records shall be made available for inspection by authorized representatives of the County during regular working hours at the Consultant's place of business ARTICLE XI - OWNERSHIP OF DOCUMENTS: Plans, tracings, and maps prepared under this contract shall be delivered to, and become the property of the County upon termination or completion of work. The Consultant shall furnish the County with seated reproducible mylars and copies of all computer generated files related to the project with drawings being compatible with AutoCad. The Consultant's logo and professional seal will be removed from the electronic files prior to delivery. Under the terms of this agreement, the County acknowledges and agrees to the stipulation that the official contract documents shall be comprised of the hard copy drawings and specifications bearing the seal and signature of the Consultant. Basic survey notes, design computations and other data prepared under this contract shall be made available to the County upon request. All such information produced under this contact shall be available for use by the County without restriction or limitation on its use. Should the County incorporate any portion of the work into a project other than that for which it was performed, the County shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION: The County may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the County, the Consultant will be paid for salaries and expenses incurred up to the date of termination. Page 5 of 8 If the contract is terminated due to the Consultant's services being unsatisfactory in the judgement of the County, or if the Consultant fails to prosecute the work with due diligence, the County may procure completion of the work in such manner as it deems to be in the best interest of the County. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the County may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT: The County will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The County's decision shall be final and conclusive. ARTICLE XiV - SUCCESSORS AND ASSIGNS: County and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS: The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and nondiscrimination clause and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the County from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors, in the performance of the work under this contract. Unless directly attributable to negligent design practice on the part of the Consultant, the County agrees to save harmless the Consultant from all claims and liability resulting from improper construction of any portion of the project. Consultant is not responsible for job site safety or means and methods of construction used by contractors on the job. The County agrees to save harmless the Consultant from all claims and liability resulting from deviations from the Consultant's construction documents by either the County or their Contractor during construction for which approval or consent of said deviations was not given in writing by the Consultant. ARTICLE XVII - NONDISCRIMINATION: The Consultant, with regard to the work performed by him after award and prior to completion of the contract work, will not discriminate on the grounds or race, color, or national original in the selection of or retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified of the Consultant's obligations under this contract and the regulations relative to nondiscrimination on the grounds of color, race or national origin. Page 6 of 8 ARTICLE XVI11 - TABLES: The following exhibits are attached hereto and are hereby made part of this contract: Table A Estimate of Total Project Cost Table B Salary Rates and Average Workhour Rates Executed this day of 2004. FOR: CHRISTIAN COUNTY Attest: By: FOR: HARRINGTON & CORTELYOU, INC. Attest: AJL By: 57- ,5- CERTIFICATION OF AUDITOR 1, , the duly appointed and acting Auditor for Christian County, Missouri, and in that capacity, do hereby certify on this day of 2004, that there is an unencumbered balance to the credit of the appropriation which is to be charged for the County's share of the costs described in this Engineering Services Contract sufficient to meet the County's obligations under this Engineering Services Contract and an unencumbered cash balance in the County Treasury to the credit of the fund from which the County's financial obligation described in this Engineering Services Contract shall be paid sufficient to meet the County's obligations under this Engineering Services Contract. Auditor Page 7 of 8 CHRISTIAN COUNTY KANSAS EXPRESSWAY Table A Estimated Engineering Fees Principat 26 hrs. @ $ 42.82 = $ 1,113 Project Engineer 612 hrs. @ $ 32.76 = 20,049 Design Engineer 684 hrs. @ $ 22.84 = 15,623 Technician 828 hrs. @ $ 20.33 = 16,833 Salaries Costs = $ 53,618 Engineering Fee Salary Costs x 2.90 = $ 1 55,492 Expenses: Travel and Subsistence $ 1,500 Printing and Reproduction 2,000 Computer Charges 350 Subtotal Expenses = $ 3,850 Subconsultants: Surveying Landmark Survey LLC $ 37,500 Geotechnical & Environmental Palmerton & Parrish 45,000 Cultural Resource Study Environmental Research Center of Missouri 2,500 Aerial Photography M. J. & Associates 36,000 Subtotal Subconsultants = $ 121,000 TOTAL ESTIMATED FEES = $ 280,342 Page 8 of 8 lit HARRINGTON & CORTELYOU, INC. Consulting Engineers BILLING RATES January 2004 2004 Actual 2004 2004 Salary Rates Billable Rates . Average Principals D. M. Waltemath 44.68 129.57 K. R. Eisenbeis 42.82 124.18 126.88 Project/Senior Engineers M. S. Huck - 39.51 114.58 E. W. Neprud 36.64 106.26 S. M. Warner 36.64 106.26 S. L. Bergmann 28.88 83.75 102.71 Design Engineers S. A. Pellegrino 33.76 97.90 S. D. Shafer 31.18 90.42 M. W. Carroll 31.03 89.99 M. J. Turner 30.75 89.18 K. S. Marx 24.71 71.66 D. J. Glastetter 23.85 69.17 L. L. Shadewald 23.13 67.08 SID. Shank 22.84 66.24 P. N. Wuedz 21.98 63.74 1 - J. C. Tarbell 21.41 62.09 - 1 A. R. Bush 20.37 59.07 D. R. Schulte 19.89 57.68 J. M. Davis 19.89 57.68 72.45 1 Technicians/Drafters J. K. Green 28.88 83.75 J. L. Kelly 27.73 80.42 T.. L Wells 26.58 77.08 B. T. Kearns 24.86 72.09 1 C. G. Bumey_ 23.42 67.92 M. T. Lynn 20.55 59.60 D. J. Moore 17.24 50.00 K. M. White 14.37 41.67 66.57 Special Consultants 1 R. G. Crabtree 38.50 111.65 H. G. Jones 38.50 111.65 G. N. Pavlakis 37.00 107.30 B. Krey 27.00 78.30 11 11 1 1