Surveying Services
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ST ANDARD FORM OF AGREEMENT BETWEEN
OWNER AND SURVEYOR FOR PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of July 14th 2005, between the City of Salina, Kansas (OWNER) and
Landmark Surveying & Mapping, Inc., P.O. Box 97, Abilene, Kansas, (SURVEYOR).
This contract is to establish the basis for project specific and on-call 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 project specific and on-call surveying and mapping serYices as necessary for
the Work Assignment and according to the directions and designated standards of OWNER. It is
understood that the OWNER's authorized representative shall be the City Engineer or duly authorized
representctive.
SECTION 2 -- WOHK ASSIGNMENTS
2.1 Within the guidelines set forth in this document, a detailed scope of work will be developed for each
Work Assignment as shown on attached City of Salina Scope of Services Sheet. For additional work
requested, not included on the attached Scope of Services Sheet, a not-to-exceed fee will be negotiated for
each Work Assignment developed from Exhibit A Rate Schedule.
The SURVEYOR shall complete all work in accordance with the Scope of Work as negotiated for each
specific Work Assignment. Performance for a V/ork Assignment shall commence only upon receipt of the
OWNER's VvTitten notice to proceed.
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-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 This contract shall be effective for one (1) year period.
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SECTION 5 - PAYMENTS TO SURVEYOR
5.1 Methods of Payments for Services and Expenses of SURVEYOR
5.1.1 For Basic Services. OWNER shall pay SURVEYOR for Basic Services rendered under each
Work Assignment.
5.2 Other Provisions Concerning Payments
5.2.1 In the event of termination by OWNER under paragraph 6.1 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.
SECTION 6 - GENERAL CONSIDERATION
6.1 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.
6.2 Reuse of Documents
6.2.1 All documents prepared or furnished by SURVEYOR (and SURVEYOR's independent
professional associates and consultants) pursuant to this Agreement are instruments or 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
infonnation 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 specific purpose intended will
be at OWNER's sole risk and without liability or legal exposure to SUVEYOR, or to
SURVEYOR's independent professional associates or consultants, and OWNER shall
identify and hold harmless SURVEYOR and SURVEYOR's independent professional
associates and consultants for all claims, damages, losses and expenses including attorney's
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.
6.3 Insurance
6.3.1 Commercial General Liability
The SURVEYOR shall provided 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.
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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.
6.3.2 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.
6.3.2 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 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 to have
insurance deemed adequate by the OWNER.
6.3.2 Professional Liability - Enors and Omissions
The SURVEYOR shall provide Professional Liability Insurance with limits not less than
$250,000, 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 then 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 that all his consultants, agents and independent
contractors have insurance deemed adequate by the OWNER.
6.3.2 Certificate(s) oflnsurance
Certificate(s) oflnsurance 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 provision 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.
6.3.2 Notice of Claim
The SURVEYOR agrees to indemnify and save hannless 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.
6.4 Controlling Law
6.4.1 This Agreement is to be governed by the law of the State of Kansas.
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6.5 Successors and Assigns
6.5.1 OWNER and SURVEYOR each is hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and SURVEYOR (and to the extent
pennitted 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
representatives (and said assigns) of such other party, in respect of all covenants, agreements
and obligations of this Agreement.
6.5.2 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 or services hereunder.
6.5.3Nothing 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 sale and exclusive
benefit of OWNER and SURVEYOR and not for the benefit of any other party.
This Agreement 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 written above.
OWNER:
City of Salina, Kansas
Recomme ed by:
son, City Engineer
APlJJL~
Debbie Divine, Mayor
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City of Salina Scope of Services
All projects will be assumed horizontal coordinates and tied to one City of Salina Benchmark. An
AutoCAD drawing and point file will be delivered to the City along with field sketches of utilities.
Drawings will be done at an acceptable scale. All projects will have at least two horizontal/vertical
control points. The hourly rates shown below include the overhead and profit for those individual jobs.
Elm Street south side (Des Moines to Ohio) Topography of area from right-of-way line to curb line.
Also establish south right-of-way line.
2 Man Survey Crew @ $90/hr x 4.0hrs = $360.00
Drafting @ $55/hr x 2.0hrs = $110.00
Research @ $65/hr x 0.9hrs = $55.00
Total Estimate of Fee: $525.00
Magnolia Street south side (Ohio to Sierra) Topography of area from right-of-way line to
centerline. Also establish south right-of-way line.
2 Man Survey Crew @ $90/hr x 4.5hrs = S405
Drafting @ $55/hr x 2.5hrs = $137.50
Research @ $65/hr x 0.8hrs = $52.50
Total Estimate of Fee: $595.00
Red Fox Lane Easement Establish boundary line between lots and stake both sides of the easement.
2 Man Survey Crew @ $90/hr x 2.9hrs = $260
Research @ $65/hr x 1.0hrs = $65
Total Estimate of Fee: $325.00
Northeast corner of 5th & Iron Establish East right-of-way line of 5th & the North right of way of
Iron in the area of the Hotel.
2 Man Survey Crew @ $90/hr x 4.5hrs = $402.50
Research @ $65/hr x 1.5hrs = $97.50
Total Estimate of Fee: $500.00
West side of 9th Street (Claflin to Cloud) Topography of area from right-of-way line to curb line.
Also establish west right-of-way line.
2 Man Survey Crew @ $90/hr x 14.9hrs = S1340.00
Drafting @ $55/hr x 8.0hrs = $440.00
Research @ $65/hr x 3.0hrs = $195.00
Total Estimate of Fee: $1975.00
Crawford & Broadway Intersection Topography of area from right-of-way line to curb line within a
half block in each direction. Also establish all right-of-way line of intersection within a half block in
each direction.
2 Man Survey Crew wI GPS @ $140/hr x 10.0hrs = $1400.00
2 Man Survey Crew @ $90/hr x lO.4hrs = $940.00
Drafting @ $55/hr x 20.0hrs = $1100.00
Research @ $65/hr x 7.0hrs = $455.00
Total Estimate of Fee: $3895.00