Independent Contractor Agreement with W&H Pacific for ditch tiling at 58 A ParkMEMORANDUM 00- � 2°°1
CITY OF MERIDIAN
CITY CLERK'S OFFICE
TO: Tom Kuntz
FROM: William G. Berg, Jr.,(J
DATE: Wednesday, January 24, 2001
RE: Agreement with W & H Pacific for ditch tiling at 58 A Park
Enclosed is the agreement for engineering services with W & H Pacific for ditch
tiling at the 58.86 Acre Park, which has been signed by the Mayor and attested
by myself. It was approved by the City Council on January 23, 2001 and is now
ready for execution by W & H Pacific. Attached is the original agreement for you
acquire additional signatures and return it to me for the files. Thank you.
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December 21, 2000
(Revised January 19, 2001)
Mr. Tom Kuntz, Director
City of Meridian
Parks & Recreation Dept.
11 W. Bower Street
Meridian, Idaho 83642
3130 South Owyhee Street
Boise, Idaho 83705-4768
208.342.5400
Fax 208.342.5353
RECEIVED
JAN 2 2 2001
CITY OF MERIDIAN
RE: IRRIGTION DITCH TILING THROUGH MERIDIAN'S 58.86 ACRE PARK
SITE @ N.W. CORNER MERIDIAN & USTICK ROADS - Proposal for Civil
Engineering Services (WHP Promo No. 812869)
Dear Tom:
Thank you for requesting this proposal for civil engineering design services for tiling ±2,500
— 5,500 L.F. of new and/or rerouted existing irrigation ditch within your planned 58.86 -acre
park site at the northwest corner of Meridian and Ustick Roads, as we discussed with Elroy
Huff, Parks Superintendent, and Ken Aschenbrenner, park site farmer, on Monday,
December 11th.
We have reviewed the park site Record of Survey No. 3353, the plat and Record of Surveys
abutting the park site, and visited the park site. I confirmed with both the Nampa & Meridian
Irrigation District (NMID) and Settler's Irrigation District that this property is outside their
jurisdiction and the ditches running through it are "users ditches". NMID would only need to
get involved if the City plans to discharge their pre -development site runoff into the irrigation
ditches. Based on our site research and my conversations with you, we propose to provide
the following services:
SCOPE OF SERVICES
A) Civil Engineering
1) Provide design coordination & attend meetings with the Meridian Parks & Rec.
Dept., downstream water users and approval agencies. We will meet with the
irrigation water users that are served by the irrigation facilities running through
the park site (i.e. — Les Vogel, Dale Cooper, etc.), Settler's Irrigation District,
Meridian Parks & Rec. personnel and Ken Aschenbrenner to understand and
confirm all the delivery and waste water issues associated with the irrigation
facilities running through the park site. We will also meet with Ada County
Highway District personnel to confirm the ultimate right-of-way locations for
Meridian & Ustick Roads to ensure that abutting park irrigation improvements
will not have to be relocated in the future.
whpacific.com planners surveyors engineers landscape architects
2) Prepare final design, construction plans & details for rerouting the existing
irrigation ditch from the center of the site and tiling it along the east, north and
west property lines and showing the new tiled irrigation piping, junction &
diversion/weir boxes, and finish grading over the pipe to match the existing
grades. Our design will include hydraulic calculations in order to deliver the
proper amounts of water to each downstream user and coordination of required
pipe sizes with the users and developer to the north (Cedar Springs Subdivision).
An Engineer's Estimates of Probable Cost will be prepared for the final design.
Our plans will be submitted to the City Public Works/Building Dept. and Parks
& Recreation Dept. for review/approval and revisions will be made as required.
B) Assumptions
We propose to provide the above Professional Design Services based on the
following assumptions:
1) Owner will provide a current Title Report identifying all easements and
encumbrances on the subject property.
2) No environmental hazards or wetlands impacts exist on the site.
3) Attendance at public meetings is not included.
4) No NMID Land Use Change/Site Development Application or License
Agreement is required.
5) This proposal covers civil engineering services for gravity irrigation ditch/tiling
design only and does not include site grading, drainage, paving & utility,
landscape, park amenity (i.e. — zero depth water feature), pressure irrigation,
mechanical, electrical, structural, geotechnical or environmental engineering
design services.
6) The latest edition of the Idaho Standards for Public Works Construction (ISPWC)
will serve as the project construction specifications and standard details. We will
provide supplemental Technical Provisions as required.
7) The City of Meridian will prepare the project's construction bid specifications.
8) Processing of plans through the City of Meridian is limited to two (2) submittals.
9) The City of Meridian will handle construction administration & inspection.
10) Preparation of irrigation ditch/tiling legal descriptions and Grants of Easement are
not included.
SCHEDULE
We understand the City wishes to complete the construction of this tiling project prior to
water returning to the irrigation system for the Spring irrigation season, so that construction
of Phase 1 of the park (northeast portion of the site) can begin immediately thereafter.
FEES
We propose to provide the above professional services for a lump sum (L.S.) fee, including
reimbursables, as follows:
A) Civil En in�g................................................ $7,300.00
Additional Service to Prepare a Tiling Design for the South Ditch ........... $1,100.00
If our proposed professional civil engineering services are acceptable, please sign and return
our enclosed Work Authorization. We will initiate our civil engineering design(s) upon
receipt of our Work Authorization/Professional Services Agreement from the City.
We appreciate you considering W&H Pacific as your Civil Engineer and look forward to
working with you on this project.
Sincerely,
W&H PACIFIC, INC.
41-�
David Canter, P.E.
Director of Land Development
Enclosure
I:/Projecf/ProposaU1-19Kuntz.doc
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A Member of The IT Group
Date: /— 12-3— P/
3130 South Owyhee Street
Boise, Idaho 83705-4768
208.342.5400
Fax 208.342.5353
WORK AUTHORIZATION
Project Number: 8 2 zz / Z
Client Name: City of Meridian Parks & Recreation Department
Address: 11 W. Bower Street
Meridian, ID 83642
Billing Address (If different from above): 0 A'e-
/��ricli�ew,
Telephone: (208) 888-3579 Client Contact Person: Tom Kuntz
Project Name: Meridian's 58.86 Acre Park Site @ N.W. Corner Meridian & Ustick Roads
Services to be Performed: See January 19, 2001 revised proposal letter (attached) for Civil Engineering services
Method of Payment: Client agrees to pay W&H Pacific for services performed on the basis of:
R A lump sum fee of $ 7,300.00 ❑ Other Additional $1,100.00 for Tiling S. Ditch
❑ Salary cost times a factor plus incurred expenses asset forth in "W&H Pacific Standard Fee Schedule," attached
hereto. Estimated maximum fee $
❑ Salary cost times a factor plus incurred expenses as set forth in "W&H Pacific Standard Fee Schedule," attached
hereto, not to exceed $
❑ For extra work, salary cost times a factor plus incurred expenses as set forth in "W&H Pacific Standard Fee
Schedule," attached hereto.
The general understandings applicable to this Work Authorization are set forth in the Standard Provisions printed on the back
and are made a part hereof.
This Work Authorization, together with attached referenced Exhibits, represent the entire understanding between Client and
W&H Pacific and can onl modified by duly executed written instrument.
W&H PACI , I l4/6 %% V tr.e �by e.!% �447ancl4z � 23 -0/
By: Accepted: City of Meridian
Project Manager Client
By:
Authorized Represen€ati�% \Cc-6tt,F'• ,t.
Title: Director of Land Development Title:
whpacific.com planners surveyors engineers e icy CASAp"N
W&H PACIFIC STANDARD PROVISIONS
1. Period of Service: W&H Pacific (W&HP) will commence work within ten days of receipt by W&HP of the executed Agreement and will proceed with said work
in a diligent manner to completion. W&HP will not be responsible for delays caused by factors beyond W&HP's control and will not be responsible for delays caused
by factors which could not reasonably have been foreseen at the time this Agreement was executed.
2. Terms of Payment: Fees for Services will be billed monthly based on the actual services completed. OWNER shall make prompt monthly payments in response
to W&HP's monthly invoices. If OWNER objects to any invoice submitted by W&HP, OWNER shall so advise W&HP in writing, giving reasons therefore, within fourteen
days of the date on said invoice.
If OWNER fails to make any payment due W&HP for services and expenses within thirty days of the date on the invoice therefore, the amounts not paid will be
considered past due. A delinquency charge of 1-1/2% per month shall be added to the past due amount, and in addition, W&HP may suspend services under this
Agreement, without liability for delay or for consequential or other damages which may result therefrom, upon delivery of written notice of its intention thereof.
If invoices remain outstanding past sixty days, W&HP shall pursue legal and equitable means to collect the outstanding balance. OWNER agrees to pay all reasonable
attorney's fees, court costs and collection fees incurred by W&HP in the collection thereof.
3. Payments in Event of Termination: In the event this Agreement is terminated, W&HP will be compensated for services performed under this Agreement to the
date of termination in accordance with the above provisions of payments to W&HP. If this Agreement is terminated by OWNER, W&HP will also be compensated for
all reasonable costs and expenses incurred to assemble and close
project files and records.
4. Opinions of Cost: Since W&HP has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors' methods of
determining prices, or other competitive bidding or market conditions, W&HP's opinions of probable Project or construction costs are to be made on the basis of
W&HP's experience and qualifications and represent W&HP's judgement as an experienced and qualified professional engineer, familiar with the construction industry;
but W&HP cannot and does not guarantee that proposals, bids or actual Project or construction costs will not vary from opinions of probable costs prepared by W&HP.
5. Standard of Performance: W&HP shall perform its services in accordance with generally accepted standards presently maintained by other practicing professionals
engaged in the same type of work in the general location of the Project. W&HP makes no other warranty, expressed or implied.
6. Construction and Safety: W&HP shall not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction
selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules,
regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work.
7. Reuse of Documents: All documents, including drawings and specifications, prepared by W&HP pursuant to this Agreement shall remain the property of W&HP
and are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by OWNER or others on extensions of the
services provided for the intended Project or on any other project. Any reuse without written verification or adaptation by W&HP for the specific purpose intended will
be at OWNER's sole risk and without liability or legal exposure to W&HP; and OWNER shall indemnify and hold harmless W&HP from all claims, damages, losses
and expenses, including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle W&HP to further compensation at rates
to be agreed upon by OWNER and W&HP.
8. Electronic Media Delivery: It is recognized that the OWNER may, from time to time, request the delivery of and receive copies of drawings on computer disks
and/or magnetic tapes. The original discs and/or magnetic tapes will be retained by W&HP. The information on the electronic media is considered part of W&HP's
instrument of service and shall not be used on other projects, for additions to this project, or for completion of this project by another design professional except by
agreement in writing and with appropriate compensation to W&HP.
Any such use or reuse by the OWNER or others, without written verification or CADD adaptation by W&HP for the specific purpose intended will be at the OWNER's
sole risk and without liability or legal exposure to W&HP. Furthermore, the OWNER shall, to the fullest extent permitted by law, indemnify and hold harmless W&HP
from all claims arising out of or resulting therefrom.
Due to the potential that the information set forth on the computer discs and/or magnetic tapes can be modified by the OWNER, unintentionally or otherwise, W&HP
reserves the right to remove all indicia of its ownership and/or involvement from each electronic display.
The OWNER shall be responsible for determining the compatibility of W&HP's files with the OWNER's software. W&HP makes no warranty as to the compatibility
of it's files with the OWNER's software.
Because data stored on electronic media can deteriorate undetected, the OWNER agrees that W&HP cannot be held liable for the completeness or correctness
of the electronic data after an acceptance period of 30 days from delivery of the electronic files.
Thousand Dollars mount of its fee, whichever is greater, on account of any injury or damage to persons or ro o any design j41
defect, error, omission, or professional reg ig caner agrees to notify any contractor or sub ay perform work in connection with or
making use of any design, report, or study prepared by W&HP of suc re as a condition precedent to its performing the work a like
limitation of liability on their part as against W&HP. In the ev ai s to obtain alike i -vision as to injury or damage to persons or
property, design defects, errors, orris ' ona negligence, any liability of W&HP and/or the OWNER to such con ctor arising out of
alleged inju ons or property, design defects, errors, omissions, or professional negligence shall be allocated between the OWN a P
10.Termination: Either party may terminate this Agreement at anytime upon fourteen days' prior written notice to, the other
11. Attorney's Fees and Expenses: In the event suit or action is instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to
the prevailing party, in addition to the costs and disbursements allowed by statutes, such sum as the court may adjudge reasonable as attorney's fees in such suit
or action, in both trial court and appellate courts.
12. Waiver: No waiver of a breach of any covenant, term or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other
covenant, term or condition or a waiver of the covenant, term or condition itself.
13. Controlling Law, Jurisdiction and Venue: This Agreement shall be governed by the laws of the State of Idaho. Jurisdiction and venue
of any dispute hereunder shall be in Ada County, State of Idaho.
14.Successors and Assigns: The covenants, agreements and obligations of this Agreement shall extend to and be binding upon and inure to the benefit of the
partners, heirs, personal representatives and assigns of the parties hereto. Neither OWNER nor W&HP shall assign, sublet or transfer any rights under or interest
in this Agreement without the written consent of the other. Nothing contained in this paragraph shall prevent W&HP from employing, with prior written consent of
OWNER, such independent professional associates and consultants as W&HP may deem appropriate to assist in the performance of services hereunder.