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Surveying ServicesSTANDARD FORM OF AGREEMENT BETWEEN OWNER AND SURVEYOR FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT, made as of , 2005, between the City of Salina, Kansas (OWNER) and Wilson & Company, Inc., Enginee s & Architects, 1700 East Iron Avenue, Salina, Kansas, (SURVEYOR). This contract is to establish the basis for survey services to be performed by SURVEYOR as are necessary and requested by OWNER. SECTION 1 - BASIC SERVICES OF SURVEYOR 1.1 SURVEYOR shall perform surveying and mapping services as necessary for the Work Assignment and according to the directions and designated standards of OWNER. Itis understood that the OWNER's authorized representative shall be the City Engineer or his duly authorized representative. SECTION 2 — WORK ASSIGNMENTS 2.1 Within the guidelines set forth in this document and per the scope of services attached, a not -to - exceed amount was developed for each work assignment. The SURVEYOR shall complete all work in accordance with the Scope of Work as negotiated for each specific Work Assignment. Performance for a Work Assignment shall commence only upon receipt of the OWNER's written notice to proceed. Page 1 of 6 SECTION 3 - OWNER'S RESPONSIBILITIES OWNER shall furnish the SURVEYOR, at no cost to the SURVEYOR, the following information or services for each Work Assignment: 3.1. One copy of on -hand maps, records, survey ties, benchmarks, or other data pertinent to the Work Assignment. This does not, however, relieve the SURVEYOR of the responsibility of searching records for additional information, for requesting additional information, or for verification of that information provided. The OWNER does not warrant the accuracy or comprehensiveness of the information. 3.2. All available information and data relative to policies, standards, criteria, and studies, etc. impacting the Work Assignment as identified by SURVEYOR. 3.3. Available staff for consultation with the SURVEYOR during the performance of surveys and plan development in order to identify the problems, needs, and other functional aspects of the Work Assignment. SECTION 4 - PERIODS OF SERVICE 4.1. The surveying and mapping services described in scope of services shall be completed within 90 days from written notice to proceed. SECTION 5 - PAYMENTS TO SURVEYOR, COST PLUS A FIXED FEE METHOD OF PAYMENT 5.1. Methods of Payment for Services and Expenses of SURVEYOR. 5.1.1. For Basic Services. OWNER shall pay SURVEYOR for Basic Services rendered under each Work Assignment as follows: 5.1.1.1. Fee and Method of Payment. For the services described within the Work Assignment, the OWNER agrees to pay the SURVEYOR on a cost plus fixed fee basis. The ESTIMATED TOTAL PAYMENT shown on each Work Assignment shall not be exceeded without authorization by the OWNER. Payments for the SURVEYOR's costs shall be based on actual costs incurred in providing the services described. However, the fixed fee shall be exactly the amount stated in the Work Assignment unless revisions are made by supplemental agreement to the Scope of Services, in which case, the amount of the fixed fee and the estimated cost payable to the SURVEYOR shall be revised accordingly. Payments shall compensate the SURVEYOR for all direct labor costs, reimbursable expenses, overhead rate (currently at 1.75), fixed fee and all other direct costs in providing the services. Total payment to the SURVEYOR for the services described is estimated to be $40,025. 5.1.2. The terms "direct labor costs" and "reimbursable expenses" have the meanings assigned to them in paragraph 5.4. Page 2 of 6 5.2 Times of Payments 5.2.1. SURVEYOR shall submit statements at four-week intervals for work assignments and services rendered. The charge on account of the fixed fee will be based upon surveyor's estimate of the proportion of the total services actually completed at the time of billing. OWNER shall make prompt monthly payments in response to SURVEYOR'S monthly statements. 5.3. Other Provisions Concerning Payments. 5.3.1. In the event of termination by OWNER under paragraph 7.1 upon the completion of any Work Assignment progress payments due SURVEYOR for services rendered through such Work Assignment shall constitute total payment for such services. In the event of such termination by OWNER during any Work Assignment, SURVEYOR also will be reimbursed for the charges of independent professional associates and consultants employed by SURVEYOR to render services as defined in the Work Assignment, and paid for services rendered during that Work Assignment on the basis of SURVEYOR's Direct Labor Costs, plus Reimbursable Expenses, plus Direct Labor Costs times a factor of the overhead rate plus a fee of 15 percent of all costs for services rendered during that Work Assignment to date of termination by SURVEYOR's principals and employees engaged directly on the Project. In the event of any such termination, SURVEYOR will be paid for all unpaid Additional Services. 5.3.2. Records of SURVEYOR `s Direct Labor Costs pertinent to SURVEYOR's compensation under this Agreement will be kept in accordance with generally accepted accounting practices. Copies will be made available to OWNER on request. 5.4. Definitions. 5.4.1. Direct labor costs used as a basis for payment mean salaries and wages, basic and incentive, paid to all SURVEYOR's personnel engaged directly on the Project, including, but not limited to, engineers, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; and includes indirect payroll related costs or fringe benefits. 5.4.2. Reimbursable expenses mean the actual expenses incurred by SURVEYOR or SURVEYOR's independent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; reproduction of reports, Drawings, Specifications, expenses incurred for computer time and other highly specialized equipment, and similar project -related items in addition to those required under Section 1. SECTION 6 - OPINIONS OF COST 6.1. Not Applicable Page 3 of 6 SECTION 7 - GENERAL CONSIDERATION 7.1. Termination. 7.1.1. The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 7.2. Reuse of Documents. 7.2.1. All documents prepared or furnished by SURVEYOR (and SURVEYOR 's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project and SURVEYOR shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by SURVEYOR for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to SURVEYOR, or to SURVEYOR 's independent professional associates or consultants, and OWNER shall indemnify and hold harmless SURVEYOR and SURVEYOR 's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle SURVEYOR to further compensation at rates to be agreed upon by OWNER and SURVEYOR. 7.3. Insurance. 7.3.1.Commercial General Liability The SURVEYOR shall provide public liability insurance coverage in an amount no less than $500,000 covering the liability of the SURVEYOR and any and all consultants, agents, independent contractors, etc., which are employed or retained by the SURVEYOR, on an occurrence basis. The insurer must be acceptable to the OWNER. In lieu of the above coverage, the SURVEYOR may provide coverage for his own firm in the above amount or an additional amount and submit proof all his consultants, agents and independent contractors have insurance deemed adequate by the OWNER. 7.3.2. Automobile Liability The SURVEYOR shall provide coverage protecting the SURVEYOR 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: $300,000 each accident, combined single limits, bodily injury and property damage. 7.3.3. Workers Compensation Before beginning work, the SURVEYOR shall furnish to the OWNER satisfactory proof that he has taken out, for the period covered by the work under this contract, full workers' compensation Page 4 of 6 coverage as required by state law for all persons who he may employ directly in carrying out the work contemplated under this contract, and shall hold the OWNER free and harmless for all personal injuries of all persons who the SURVEYOR may employ directly. SURVEYOR shall require all his consultants, agents and independent contractors have insurance deemed adequate by the OWNER. 7.3.4. Professional Liability - Errors and Omissions The SURVEYOR shall provide Architects or Engineers Professional Liability Insurance with limits not less than $500,000, covering the liability of the SURVEYOR. The insurer must be acceptable to the OWNER. In the event coverage provided is 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 OWNER shall be afforded protection. SURVEYOR shall require and submit proof all his consultants, agents and independent contractors have insurance deemed adequate by the OWNER. 7.3.5. Certificate(s) of Insurance Certificate(s) of Insurance acceptable to the OWNER shall be filed with the OWNER at the time the contract between the OWNER and the SURVEYOR is executed, if requested by OWNER. These certificates shall contain a provisions that coverage that is afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given to the OWNER and acknowledged. 7.3.6. Notice of Claim The SURVEYOR, upon receipt of notice of any claim in excess of $1,000 in connection with this contract shall promptly notify the OWNER, providing full details thereof, including an estimate of the amount or loss of liability. 7.3.7 Indemnification Clause The SURVEYOR agrees to indemnify and save harmless the OWNER, its officials, servants, officers, directors and employees from and against all expenses and judgments for personal injury or death or damage to property where, and to the extent caused by the SURVEYOR's negligent acts, errors or omissions. 7.4. Controlling Law. 7.4.1. This Agreement is to be governed by the law of the State of Kansas. 7.5. Successors and Assigns. 7.5.1. OWNER and SURVEYOR each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and SURVEYOR (and to the extent permitted by paragraph 7.5.2 the assigns of OWNER and SURVEYOR) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal Page 5 of 6 representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.5.2. Neither OWNER nor SURVEYOR shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent SURVEYOR from employing such independent professional associates and consultants as SURVEYOR may deem appropriate to assist in the performance of services hereunder. 7.5.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and SURVEYOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and SURVEYOR and not for the benefit of any other party. This Agreement (consisting of pages 1 to 6, inclusive) constitutes the entire agreement between OWNER and SURVEYOR and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: City of Salina, Kansas Recommended by: Brad Jo on, PE City Engineer Approved by: Deborah Divine Mayor Page 6 of 6 SURVEYOR: Wilson & Company, Inc., Engineers & Architects 1700 E. Iron Avenue Salina, Kansas 67401 Ryan Vice President SCOPE OF SERVICES All projects will be assumed horizontal coordinates and tied to the nearest City of Salina Benchmark at each project. An AutoCad drawing and point file will be delivered to City along with any field sketches of utilities. Drawings will be done at a scale of 1" = 20' except the Eastborough project, which will be drawn at 1" = 50'. All projects will have at least 2 horizontal / vertical control points set. If property pins cannot be found to establish right of ways needed in some projects, the City will be contacted. There are no boundary surveys included in this scope. 1. HONG KONG BUFFET - 1,700 L.F., plus or minus - Topo survey from water main at Parkway Avenue & Market Place down Market Place to water main at Key Avenue and Market Place, from the east edge of pavement of 91h Street to the east edge of pavement at Market Place 2. STA. 44 FORCE MAIN — 2,000 L.F., plus or minus — Topo to run from waste water pump station at the northeast corner of the Red Coach Motel to the sleeve on the west side of I35, commencing again at the east end of sleeve on the east side of I35 to the Easement on the west side of subdivision, thence southeasterly, between the east edge of the ramp pavement and the east edge of easement to Crawford Street, thence east between property line and north line of Crawford to Westport, thence northwesterly, right of way to right of way to nearest manhole. An easement between the restaurant and the motel will be checked for a shorter route and the city contacted if the route is possible. A search for property pins along this route will be done. If enough property pins are found to establish the easement between Lots 6 & 7, the City will be notified, and the topo route can be changed to go along the easement. 3. STA. 49 FORCE MAIN — 200 L.F., plus or minus — 50' wide topo from the waste water pump station to the west edge of Magnolia. 4. STA. 34 FORCE MAIN — 2,000 L.F., plus or minus — Topo running on the north side of Salina Vo Tech and south along the east side of Vo Tech from west edge of pavement to the west edge of utility easement along road to manhole at south property line of Salina Vo Tech 5. 2" WATER LINE LOOP EASTBOROUGH — 3,300 L.F., plus or minus - 50' wide topo running from the north end of existing waterline on the east side of Eastborough, to the north side of North Street, thence west, along the north side of North Street to waterline on west side of Marymount Road. A cross section of the river will be done at the north edge of bridge. A location of the bridge will be shown. 6. QUEENS ROAD —1,000 L.F., plus or minus - Queens Road Loop from the north intersection with Claremont Dr. to the south intersection with Claremont Dr., right of way to right of way. 7. BELOIT STREET — 1,000 L.F., plus or minus - Topo from the intersection of Funston Avenue and Beloit, along Beloit, right of way to right of way, to the intersection at Highland Circle. Page 1 of 2 8. DIAMOND AVENUE — 500 L.F., plus or minus - Topo right of way to right of way along Diamond Drive from end manhole to intersection of Diamond Drive and 5th Street. 9. DES MOINES AVENUE — 500 L.F., plus or minus - Topo from right of way to right of way along Des Moines Avenue from end manhole to South side of Des Moines Avenue and Elm Street. 10. NORTH OHIO STA. — 150 L.F., plus or minus - 50' wide topo from a manhole located on the east side of Ohio and approximately 1500' north of the Ohio and Stimmel Road intersection, then west to the west right of way line of Ohio Street. 11. CLAREMONT DRIVE — 850 L.F., plus or minus — Topo right of way to right of way along Claremont Drive between the two intersections of Claremont Drive and Queens Road. 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