HomeMy WebLinkAboutContract 1769GENERAL CONDITIONS FOR PROFESSIONAL SERVICES
("Agreement")
This Agreement between City of Columbia Hei.qhts , ("Client") and URS Corporation ("URS"), a
Nevada corporation; 700 South Third Street, Minneapolis, MN 66415 is effective as of March 31 2004 .-
The parties agree as follows: '
ARTICLE I - Services. URS agrees to perform for Client the professional services ("Services") described in
URS proposal dated March 26, 2004 ("Proposal"), attached and incorporated herein. Because of the
uncertainties inherent in the Services contemplated, time schedules are only estimated schedules and are
subject to revision unless otherwise specifically described in the Proposal. As full consideration for the
performance of Services, Client shall pay to URS the compensation provided for in the Proposal.
ARTICLE II - Payment. Unless otherwise stated in an Work Order, payment shall be on a time and
materials basis under the Schedule of Fees and Charges in effect when the Services are performed.
Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the
invoice. If payment is not maintained on a thirty (30) day current basis, URS may suspend further
performance until payments are current. Client shall notify URS of any disputed amount within fifteen (15)
days from date of the invoice, give reasons for the objection, and promptly pay the undisputed amount.
Client shall pay an additional charge of one and one-half percent (1Y2%) per month or the maximum
percentage allowed by law, whichever is the lesser, for any past due amount. In the event of a legal action
for invoice amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the
prevailing party.
ARTICLE III - Professional Responsibility. URS is obligated to comply with applicable standards of
professional care in the performance of the Services. Client recognizes that opinions relating to
environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions
may vary from those encountered at the times and locations where the data are obtained, despite the use
of due professional care.
ARTICLE IV - Responsibility for Others. URS shall be responsible to Client for URS Services and the
services of URS subcontractors. URS shall not be responsible for the acts or omissions of other parties
engaged by Client nor for their construction means, methods, techniques, sequences, or procedures, or
their health and safety precautions and programs.
ARTICLE V - Risk Allocation. The liability of URS, its employees, agents and subcontractors (referred to
collectively in this Article as "URS"), for Client's claims of loss, injury, death, damage, or expense,
including, without limitation, Client's claims of contribution and indemnification, express or implied, with
respect to third party claims relating to services rendered or obligations imposed under this Agreement,
including all Work Orders, shall not exceed in the aggregate:
(1) The total sum of $100,000 for claims arising out of professional negligence, including
errors, omissions, or other professional acts, and including unintentional breach of contract; or
(2) The total sum of $1,000,000 for claims arising out of negligence, breach of contract, or
other causes for which URS has any legal liability, other than as limited by (1) above.
ARTICLE VI - Consequential Damaqes. Neither Party shall be liable to the other for consequential
damages, including, without limitation, loss of use or loss of profits, incurred by one another or their
subsidiaries or successors, regardless of whether such damaqes are caused by breach of contract, willful
misconduct, negligent act or omission, or other wrongful act or'either of them.
PSA-2.DOC 19-Mar-02 1 - Columbia Heights, Phase II Evaluation
ARTICLE VII - Client Responsibility. Client shall: (1) provide URS, in writing, all information relating to
Client's requirements for the project; (2) correctly identify to URS, the location of subsurface structures,
such as pipes, tanks, cables and utilities; (3) notify URS of any potential hazardous substances or other
health and safety hazard or condition known to Client existing on or near the project site; (4) give URS
prompt written notice of any suspected deficiency in the Services; and (5) with reasonable promptness,
provide required approvals and decisions. In the event that URS is requested by Client or is required by
subpoena to produce documents or give testimony in any action or proceeding to which Client is a party
and URS is not a party, Client shall pay URS for any time and expenses required in connection therewith,
including reasonable attorney's fees.
ARTICLE VIII - Force Maieure. An event of "Force Majeure" occurs when an event beyond the control of
the Party claiming Force Majeure prevents such Party from fulfilling its obligations. An event of Force
Majeure includes, without limitation, acts of God (including floods, hurricanes and other adverse weather),
war, riot, civil disorder, acts of terrorism, disease, epidemic, strikes and labor disputes, actions or inactions of
government or other authorities, law enforcement actions, curfews, closure of transportation systems or other
unusual travel difficulties, or inability to provide a safe working environment for employees.
In the event of Force Majeure, the obligations of URS to perform the Services shall be suspended for the
duration of the event of Force Majeure. In such event, URS shall be equitably compensated for time
expended and expenses incurred during the event of Force Majeure and the schedule shall be extended
by a like number of days as the event of Force Majeure. If Services are suspended for thirty (30) days or
more, URS may, in its sole discretion, upon 5 days prior written notice, terminate this Agreement or the
affected Work Order, or both. In the case of such termination, in addition to the compensation and time
extension set forth above, URS shall be compensated for all reasonable termination expenses.
ARTICLE IX - No Third Party Rights. This Agreement shall not create any rights or benefits to parties
other than Client and URS. No third party shall have the right to rely on URS opinions rendered in
connection with the Services without URS written consent and the third party's agreement to be bound to
the same conditions and limitations as Client.
THE PARTIES ACKNOWLEDGE that there has been an opportunity to negotiate the terms and
conditions of this Agreement and agree to be bound accordingly. -
CLIENT
Typed Name/Title
Date of Signatu~ - /
Typed NarnePritle ' )
Date bf Signature
PSA-2.DOC 19-Mar-02 2 ~ Columbia Heights, Phase II Evaluation
CLIENT: City of Columbia Heights
PROJECT: Evaluation of Columbia Heights High School ~ Consultant: URS Corporation
Date submitted: March 26, 2004
TOTAL PROJECT HOURS
Grp. M~. Sr. PI Pr.j. M~. Sr. Tech Tech. Adlnin. Suprt.
1 54 6 8 36 2 1
108
The following scope-of work outlines flint tasks necessary to complete the Phase II evaluation of tile
Columbia Heights High School. The total cost of this contract is lot to exceed $6,902 10 (based oil ail
anticipated conditions and assumptions noted ill the work tasks).
Project Personnel:
Evelyn M. Tidlow, Unit Manager
Betsy Bradley, Senior Architectural Historian, Principal Investigator
Gametb Peterson, Senior Architectural Historian
Holly Halverson, Project Manager
Chad Kirvan, Senior Technician, Editor
Jenny Hawldnson, Teclmician
Penny Lobse, Project Administrator
Project Thneframe:
This project cml begin as soon as a fully executed contract is ii1 place. If a sidled contract is received by
April 5, 2004, tbe Draft Report cml be submitted by April 26, 2004.
Task 1.0: Project Management $596.80
Task 2.0: Research $1,608.09
Task 3.0: Field Review $379.54
Task 4.0: Evaluation and Report Prep $4,317.67
CLIENT: City of Columbia Heights
PROJECT: Evaluation of Columbia Heights High School
Task No.
WORK TASK DESCRIPTION
Grp. M~. Sr. PI Prj. M~. Sr. Tecb Tecb.
Consultant: URS Corporation
Date submitted: March 26, 2004
Admin. Suprt. Total
Hours
1.1 Project Management, Coordination of Meetings
Tbis task focuses oil effective coordination of tile contract work to expedite tile decision-making process and maintain
the scbeduled completion dates. Work will include contact with file client, SHPO, and internal staff.
0 4 4 0 0 I 0 9
Task 1.0 Assumptions
Ooe lneeting with Columbia Heights staff is included.
TASK 1.0 HOURS 0 4 4 0 0 1 0 9
Labor $235.00
Overhead $298.45
Fee $53.35
Expenses $10.00
;Ta§k 1. .;, $~96.80; !
Archival Research
This task iucludes gathering ilffonnation from the Columbia Heigbts City Hall departinents, publicatioas about
Columbia Heigbts, tfistoric maps, and other sources at the Minaesota Historical Society (MHS) library and other
repositories.
0 12 0 0 16 0 0 28
Ideutify historic resources in Colunthia Heights included ia tile Miimesota State ioventory.
Research will identify and develop the appropriate historic context for the property. This context could be tile
developnmnt of Columbia Heights, the high school building type of the 1920s, or aoother topic suggested by an
applicable NRHP criteria.
ldeatify trod review reports, aerial photooraphs,= historic documents, pboto~apbs,o compiled histories, maps, and atlases,
buildiog permits, scbool district records, and other relevant documents.
Task 2.0 Assumptions
Research gathered will will relate to tile Columbia Heights higb school building and pro,am.
Research costs (copies) are included in the Expense line item for this Task.
TASK 2.0 HOURS 0 12 0 0 16 0 0 28
Labor $636.00
Overilead $807.72
Fee $144.37
Expenses $20.00
CLIENT: City of Columbia Heights
PROJECT: Evaluation of Columbia Heights High School
Task No. WORK TASK DESCRIPTION Grp. Mgr. Sr. PI Prj. M~. Sr. Tecb Tech.
Consultant: URS Corporation
Date submitted: March 26, 2004
Admin. Suprt. Total
Hours
Examination of the Building
This task includes a field documentation of the building to identify tile age and condition of the various elements mad
includes a photographic record of the building.
0 4 0 0 2 0 0 6
Task 2.0 Assumptions
The field docureentation of the building will cover the exterior of the school, and tile interior, if possible.
Client will allow staff access to tile interior of the school.
Distal photo~aphy will be used.
TASK3.0 HOURS 0 4 0 0 2 0 0 6
Labor $152.00
Overhead $193.04
Fee $34.50
Expenses $0.00
Hours
4.1 Draft Report Preparation
Report will ioclude a current description of file property, a narrative of the school's history, and a bric[ historic context.
An evaluatioo section will consist of a discussion of the property's potential si~mtificmme in relation to file four criteria
for Iisting properties in the NRHP, a discussion of its physical integrally, mid a recommendation regarding eligibility for
listing in file NRHP.
Report will be illustrated with historic pboto~aphs and maps as needed to support file text and wifll digital photo~aphs
to document the current condition of the building.
Report will suremarize tile research desi~ml, reethods, results, alld recommendations.
An iaventory form or updated iaventory form will be prepared for submittal to SHPO that includes tile description and
history sections of the report. Tbis task includes the preparation of a report for submittal to the SHPO mid a State
Inventory Form.
Report will sumrearize the research desi~ml, methods, results, and recommeodations.
4.2 Draft Report Review
tee copy of file Draft report (wifl~ architectural inventory tbnn) will be provided to tile client for review. Comments
will be incorporated into the Final report for submittal to SHPO.
4.3 Final Report Preparation and Submittal
Four copies of the Final report (including one unbound copy of file architectural ioventory form) will be provided to
the client who will submit one copy to SHPO for review.
1 28 2 4 12 1 1 49
0 4 0 2 4 0 0 10
0 2 0 2 2 0 0 6
CLIENT: City of Columbia Heights
PROJECT: Evaluation of Columbia Heights ltigh School
Task No. WORK TASK DESCRIPTION Grp. MN. Sr. PI Prj. My. Sr. Tech Tecb.
Consultant: URS Corporation
Date submitted: March 26, 2004
Admin. Suprt. Total
Hours
Task 4.0 Assumptions
Draft report will only need one review cycle by tile clieot.
Cost l'or report production is based on one volume of text and ~apbics, with the majority of' tile graphics produced as
letter size black & white.
Report will meet the expectations of' tile SHPO regarding docmnents submitted for Section 106 review trod will
Follow the Guidelines for SHPO Architecture/Inventory Projects (SHPO 1993).
Report slr~l conform to the Secretary ot' tile Interior's Sttmdards and Guidelines for Arcbaeology and Historic
Preservation Activities (48 FR 44716-447400).
Costs for report production are included in 01e Expense lille item for tbis Task.
TASK 4.0 HOURS 1 34 2 8 18 1 1 65
Task 4.0 Deliverables
One copy of die Draft report for client review.
Four copies of' file Final report tod one unbound copy of the architectural history tbrm.
Labor $1,609.00
Overhead $2,043.43
Fee $365.24
Expenses $300.00
;317.67 ~