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Survey Services (Oakdale Park) AGREEMENT AMONG SALINE COUNTY, KANSAS, THE CITY OF SALINA, KANSAS and KAW VALLEY ENGINEERING; INC. for - SURVEY SERVICES This Agreement is entered into effective as of the latest date of execution shown on the signature page (the "Effective Date") by and among the Board of County Commissioners, Saline County, Kansas (the "COUNTY"), the City of Salina, Kansas, (the "CITY"), and Kaw Valley Engineering, Inc., a Kansas corporation, ("KVE"). Recitals A. The COUNTY and the CITY desire to jointly contract for a boundary survey and legal description of what is commonly known as Oakdale Park and certain surrounding properties. B. KVE has the requisite qualifications and experience to perform the survey services desired by the COUNTY and the CITY and desires to perform those services pursuant to the terms of this Agreement. The parties therefore agree and covenant:. 1. Scope of Services. KVE agrees to perform the services outlined in the attached and incorporated Exhibit A. 2. Term. KVE agrees to perform the services by the sixtieth (60th) calendar day from the Effective Date of this Agreement, subject to prior termination pursuant to the terms of this Agreement. 3. Compensation. The COUNTY and the CITY jointly agree to compensate KVE, in equal shares, on the basis of, the actual hourly rates and reimbursable expenses shown on the attached and incorporated Exhibit B, in an amount not to exceed the amount shown on Exhibit B. 4. Invoices. KVE agrees to submit to the COUNTY and the CITY detailed invoices at least monthly for work performed and reimbursable expenses actually incurred. The invoices shall identify the personnel performing the work, the date of the work, the work performed and the time required to the one-tenth of an hour. Charges for subcontracted work will be_ supported with similar documentation. Charges for reimbursable expenses will specifically identify the type and amount of each expense in a manner consistent with the classifications of reimbursable expenses set forth in Exhibit B. The invoices shall also show the allocation of the full charges — one half to the COUNTY and one-half to the CITY. 1 until date of final payment and termination of any coverage required to be maintained after final payment Professional Liability - Errors and Omissions KVE shall provide Engineers Professional Liability Insurance with limits not less than $500,000, covering the liability of KVE and any and all consultants, agents or independent contractors which are employed or retained by KVE. The insurer must be acceptable to the COUNTY and the CITY. In the event coverage provided is a claims made coverage, the insurance shall be maintained for a period of not less than three (3) years after completion of the contract or in lieu thereof purchase of tail coverage (extended reporting period) under which the COUNTY and the CITY shall be afforded protection. In`lieu of the above coverage, the KVE may provide the described coverage for its"own firm in the above amount and submit proof all its consultants, agents and independent contractors have insurance deemed adequate by the City of Salina. Commercial'General Liability Insurance KVE shall provide public liability insurance coverage in an amount no less than $500,000 covering the liability of KVE and any and all consultants, agents or independent contractors which are employed or retained by KVE on an occurrence basis. In lieu of the above coverage, KVE may provide coverage for its own firm in the above amount or an additional amount and submit proof all its consultants, agents and independent contractors have insurance deemed adequate by the COUNTY and the CITY. Automobile Liability KVE shall provide coverage protecting KVE against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired and/or .non-owned vehicle. Required minimum limits: $500,000 each accident, combined single limits, bodily injury and property damage. Worker's Compensation Before beginning any work, KVE shall furnish to the COUNTY and the CITY satisfactory proof that he has taken out, for the period covered by the work under this contract, full workers' compensation coverage as required by state law for all persons who he may employ directly, or through subcontractors, in carrying out the work contemplated under this contract, and shall hold the COUNTY and the CITY free and harmless for 'all personal injuries of all persons'who KVE may employ directly or through subcontractors. Certificate(s) of Insurance Certificate(s) of Insurance acceptable to,the COUNTY and the CITY shall be filed with the COUNTY and the CITY at the time this Agreement is executed. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or substantially changed until at least thirty (30) days prior written notice has been given to the COUNTY and the CITY and receipt acknowledged. 3 requested. Notice shall be considered given when received on date appearing on the return receipt, but if the receipt is not returned within five (5) days, then forty-eight (48) hours after deposit in the mail. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that-notice. COUNTY: Saline County ATTN: County Clerk 300 W. Ash, P.O. Box 5040 . Salina, KS 67402=5040 CITY: City of Salina ATTN: City Clerk 300 W. Ash, P.O. Box 1736 Salina, KS 67402-1736 CONSULTANT: Kaw Valley Engineering, Inc. 1331 Armory Road Salina, Kansas, 67401 20. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. 21. Merd6n'Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises,' statements, warranties, agreements or understandings, oral or written, made before or'at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. Any amendment to this Contract, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. 22. Attachments. The following Exhibits and other documents are attached to'and made a part of this Agreement: a. Exhibit A: Scope of Services. b. Exhibit B: F_ ee Schedule. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officials. 5 Exhibit A Scope of Service Oakdale Park Boundary Survey 2011 Boundary survey— Survey the tract of real estate commonly known as Oakdale Park, and certain adjoining tracts of real estate owned by the County. The boundary survey will include the following: 1. Survey a. Survey the Northern Peninsula Tract. The Northern Peninsula Tract is bounded by the east line of the Northwest Quarter of Section 13, the west right of way line Oakdale Drive, and the North line of tract 3 of the deed recorded in deed book Q, page 476-477 of the Saline County Register of Deeds. b. Survey the unplatted areas described in tracts 1, 2, and 3 of deed book Q, page 476-477 of the Saline County Register of Deeds. c. Survey the centerline of the Smoky Hill River through Salina—Original Town. d. Survey all lots in Salina—Original Town that are bisected by the' . centerline of the Smoky Hill River. 2. Description a. Write a description of the Northern Peninsula Tract. b. Write a description of the Oakdale Park Tract. The Oakdale Park Tract will combine the Northern Peninsula Tract, the unplatted area described in tracts 1, 2, and 3 of deed book Q, page 476-479, and that part of Salina—Original Town that falls south and east of the centerline of the Smoky Hill River. C. Write a description that combines the unplatted area described in tracts 1, 2, and 3 of deed book Q, page 476-479, and that part of Salina—Original Town that falls south and east of the centerline of the Smoky Hill River. d. Write descriptions of the part of each lot that is located in Salina— Original Town that are owned by Saline County and fall north and west of the centerline of the Smoky Hill River. 3. Monumentation and Recording a. Find or set a monument at the center corner of Section 13, Township 14 South, Range 3 West, and at all pertinent quarter section corners beyond the survey premises. b. Find or set a monument at each corner of the Oakdale Park Tract, also set monuments at the intersection of the quarter section lines and the centerline of the Smoky Hill River, or offsets thereof. c. The boundary survey will be recorded at the Saline County Register of Deeds. Exhibit B Fee Schedule Oakdale Park Boundary Survey 2011 Work on this project will be done at a standard hourly rates with a "not-to-exceed" fee as shown below: Registered Land Surveyor ..............$75.00 per hour Survey crew chief........................$60.00 per hour Survey instrument person...............$48.00 per hour GPS or robotic total station..............$22.00 per hour CAD technician........................... $70.00 per hour Administrative Assistant 11...............$34.00 per hour Bond copies @ $2.50 ea. Total Not-to Exceed Fee...............................................................................$18,000.00 y DATE(I1WOD1YYYY) AC CERTIFICATE OF LIABILITY INSURANCE 8/5/2011 THIS CERTIFICATE IS'I ISSUED AS A-MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS'UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE!DOES"NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE''POLICIE$ BELOW THIS, CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE (SSUINGa INSURER(S); AUTHORIZED REPRESENTATIVE OR PRODUCER;AND THE CERTIFICATE HOLDER. IMPORTANT.' If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed'. If SUBROGATION.IS WAIVED, subject to the terms avid conditions of the policy,certain policies may require an endorsement. A statement on this certificate duos not corifor rights to the certificate holder in lieu of such endorsemedt s . coNraCT PRODUCER NAME: Luiso Mathes PHONE (785),238-51-17 1 FAX (785)238-1647 Corye JAS .1,19.,Insurors, Inc. JAa+o.Eau• EMAIL luise @f1inthills.com 126,-West 7th, Street PRODUCER 00001521 PO BOX 580 CUSTOMER113,0: Junction _City KS 66441 __------ _ INSURER($)AFFORDING COVEMGE ttA1C d INSURED INSURERA:TraVel @rS 'Property C_ asuz lty 'CO' 36161 — INSURER B: Kaw Valley Engineering Inc. 114SURERC: P. 0. .BOX 1304 INSURER D: i INSURER E: Junction City KS 66441 INSURE 'F, - -- COVERAGES. CERTIFICATE:NUMBER:CL1152601057 REVISION NUMBER: THIS'IS TO CERTIFY THAT THE POLICIES-OF INSURANCE LISTED BELOW'HAVE BEEN ISSUED TO THE INSURED NAMED,ABOVEIFOR,THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IISSUED OR MAY PERTAIN, THE.INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. ' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR i 00 us POLICY EFF I POLICY EX P LIMITS LTR TYPE OFINSURANCE 1 L' I POLICY NUMBER _ MM/DDIYYYY I MMJDOIYYYY EACH OCCURRENCE I S 1,000,000 GENERA4 LIA81 LITY DAM EEO RFvTEO i S '100,000 X I CO)A) ERCIAL GENE(R(�ALL LIABILITY PREG!ISES1Ea o a rrence) �1 t�OCCUR 630-5977N451-i1 6/1/2011 6/1/2012 )lEDEXPiArYcneperscn) 1 S 5,000 A ~� c1-Art$-MADE f-11 PERSONAL 8 ADV INJURY jI S I I GENERALAGGREGATE _}'SS 2,000,000 PRODUCTS=COIAP10P AGO 15 2,0.40,000 G�EtIL AGGREGATE'LINIfT AP(000-S PER: X 'POLICY�PLO I I LOC I S `AUTOMOBILE LIABILITY. I I COMBINED SINGLE LIMIT 5 1x.000,000 � (Ea ac:i:¢rt) X1ANY AUTO BODILY INJURY(Per Person)BOOILYLVJU 15 A A!LO1':`IEOAUTOS: 810-5977N451-11 6/1/2011 6/1/2012 INJURY $ I ISCHEDUL_c D I.M AUTOS PROPERTY DAGE S EI� (Per accident) 1 � Xl�HIRED AUTOS J NON -4EO AUTOS Un:rs�:ed motorist 81-sirrte I S 100,000 i (UMBRELLAUAB' a PIP-Basic . I,S 4,500 EACH OCCURRENCE S_ 4 000,000 {� t I.X I OCCUR EXCESS UAB AGGREGATE 5 4,OOO�,000 I I I'CLAL'.1S•RIAOEI 5 _ DEDUCTIBLE j 5 6/1/2011 6/1/2012 A X ,RETENTION. 5 0 CUP-5977N451-11 } 1 � ���'C$TATU- f 'OTH- 1. V10RKERS COMPENSATION � I ^i T.ORY-LU.LRS.( I ER_� — AND EMPLOYERS'LIABILITY Y/N, E.L.EACH ACCIDENT S 1',OOO'„000 ANY PR OPRIETCRfPARTNER=XECUTI`l-_ OFFICERGdEMBER,EXCL UDEO?' N/A PNUa-5977N451-11 16/1/2011 6/1/2012 E.L.DISEASE•EA EMPLOYEE S 1;000',000 (Mandatory in NH)I If es ddscri trrer E.L.DISEASE-PCLICY 1-111.117 14 1, 000 000 D SCRIPTION OF OPERATIONS be7_x. � .. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remads Schedule:it moro space is required) Oakdale Park Survey Agreement CERTIFICATE HOLDER CANCELLATION jarolyn,.geist @saliva.org SHOULD ANY OF THE°ABOVE,DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,,NOTICE WILL 'BE DELIVERED IN C o ACCORDANCE WITH THE POLICY PROVISIONS. - City of Salina D Public ;WOrks Office AI,�p'', AUTHORIZED REPRESENTATIVE PO Box 1.736 A Salina, IICS 6.7402-1-736 ACORD;--25(2009109) ©1988-2009 ACORD CORPORATIONi All,rights reserved. INS025(200-309) The,ACORD name and logo are registered marks of ACORD I