2001WHPacific proposal Storey Park Topographic Mapping & Boundary Survey3130 South Owyhee Street
Boise, Idaho 83705-4768
208.342.5400
fax 208.342.5353
A Member of The IT Croup
May 16, 2001
Mr. Tom Kuntz
Parks & Recreation Director
11 West Bower Street
Meridian, Idaho 83642
Re: Story Park Topographic Mapping and Boundary Survey.
Dear Tom,
Thank you for requesting this proposal for surveying services for Story Park. Based upon our
conversation and site visit on April 5th and conversation on April 24`h, 2001, we understand that you
would like to proceed with topographic mapping of Story Park and a boundary survey delineating the
Western Ada Recreation District property adjoining Story Park.
Accordingly, we propose to provide the following land surveying services:
SCOPE OF SERVICES
1. Establish horizontal control based upon found boundary corners per Record of Survey
Instrument number 9168335.
3. Map all existing cultural features including, but not limited to, parking areas, above ground
utilities, fences, ball fields, buildings, roads, etc., enclosed within the contiguous boundary of
Story Park.
4. Provide a digital terrain model (DTM) showing contours.
5. Determine the boundary of the Western Ada Recreation District property and set pins at the
corners marking said property.
6. Draft and file applicable corner records.
7. Draft and file a Record of Survey.
FEES:
We propose to provide the above professional services, including reimbursable costs, for a lump sum fee
of $4,100.00 (Fourty One Hundred Dollars). Deliverables will include the topographic mapping in hard
copy and electronic format and a copy of the recorded Record of Survey and accompanying corner
records.
Story Park Mapping and Boundary Survey
May 16, 2001
1 of 2
whpacific.com planners surveyors engineers landscape architects
DISCLOSURE STATEMENT:
Information disclosed in this proposal is confidential and privileged and shall not be transmitted to
anyone other than the intended individual without authorization from W & H Pacific.
If our proposed Scope of Services, Fees and attached Standard Provisions are acceptable, please so
indicate by signing our enclosed Work Authorization and return one copy for our files. We are prepared
to begin work upon receipt of your authorization. We appreciate you considering W & H Pacific for
professional services and look forward to working with you on the project.
Sincerely,
W&H PACIFIC
Dave Short, P.L.S.
Survey Director
Story Park Mapping and Boundary Survey
May 16, 2001
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WORK AUTHORIZATION
Date: May 16, 2001 Project Number: 827560
Client Name: City of Meridian Parks and Recreation Department
Address: 11 West Bower St.
MeridianIdaho 83642
Billing Address (If different from above):
Telephone 208-888-3579 Client Contact Person: Mr. Tom Kuntz
Project Name: Story Park Topographic Mapping and Boundary Survey
Services to be Performed: Land Surveying — See attached Scope of Services.
Method of Payment: Client agrees to pay W&H Pacific for services performed on the basis of:
❑x A lump sum fee of $ 4,100.00 ❑ Other
❑ 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
of this page 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 only be modified by duly executed written instrument.
W&H PACIFIC, INC.
By:'
Project Manager
Dave Short
Title: Director of Surveying
W&HP WA 5/94
Accepted:
By:
Authorized Representative
Title: /G-
I:/Company/Shared/ContracV Wkauth
1. Feriod 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.`
`A\
and are instruments of service m are not intended or represented to be suitable for or of ers on extensions of the (�
services provided for the intended Project or on any other project. ny re ora aptation by W&HP for the specific purpose intended will
be at OWNER's sole risk and without liability or le ; and OWNER shall indemnify an m all claims, damages, losses
and expenses, incl arising out of or resulting therefrom. Any such verification or adaptation will entitle W&HP to further corn 11-31"
and/or magne es�The original discs and/or magnetic tapes will be retained by W&HP. The information on the electronic media is con o
instrument of service and ski 1 used on other projects, for additions to this project, or for completion of this project by anoth ' n professional except by �,��0\
agreement in writing and with appropriate ation to W&HP.
Any such use or reuse by the OWNER or others, witfibMwAttea verification or CADD adaptation by We specific purpose intended will be at the OWNER's
sole risk and without liability or legal exposure to W&HP. Furthermore, ER shat est 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 c putert]fscs and/or magnetic tapes caod&d by the OWNER, unintentionally or otherwise, W&HPIDI
s o d�
reserves the right to remove all indicia of itand/or involvement from each electronic display.
The OWNER shall be res o etermining the compatibility of W&HP's files with the OWNER's software. W&HP make my as to th�compatibllity
of it's files with t s software.
ata stored on electronic media can deteriorate undetected, the OWNER agrees that W&HP cannot be held liable for the completeness ness_
nic files.
9. Limitation of Liability: Any and all liability, claim for damages, cost of defense, or expenses to be levied against W&HP will be limited to a sum not to exceed Fifty
Thousand Dollars ($50,000.00) or the amount of its fee, whichever is greater, on account of any injury or damage to persons or property or arising out of any design
defect, error, omission, or professional negligence. Further, the Owner agrees to notify any contractor or subcontractor who may perform work in connection with or
making use of any design, report, or study prepared by W&HP of such limitation of liability and require as a condition precedent to its performing the work a like
limitation of liability on their part as against W&HP. In the event the OWNER fails to obtain a like limitation of liability provision as to injury or damage to persons or
property, design defects, errors, omissions, or professional negligence, any liability of W&HP and/or the OWNER to such contractor or subcontractor arising out of
alleged injury or damage to persons or property, design defects, errors, omissions, or professional negligence shall be allocated between the OWNER and W&HP
in such a manner that the aggregate liability of W&HP shall not exceed Fifty Thousand Dollars ($50,000.00) or the amount of its fee, whichever is greater.
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 -rb M)40 Jurisdiction
and venue
of any dispute hereunder shall be in A 0A County, State of _V0A f+Q
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.
W&H PACIFI iC.
Initial:
Date: .071161.0
W&HP WA 5/94 I:/Company/Shared/Contract/Wkauth