HomeMy WebLinkAbout2020-3003Contract #2020-3003
WSB & ASSOCIATES, INC.
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement") is made as of the 12th day of March 2020, by
and between the City of Columbia Heights with an address of 637 38th Avenue NE, Columbia Heights,
Minnesota 55421 ("Client"), and WSB & Associates, Inc. d/b/a WSB with offices located at 701 Xenia
Avenue South, Suite 300, Minneapolis, Minnesota 55416 ("Consultant").
Client and Consultant, for the consideration enumerated herein, do hereby agree as follows:
SECTION 1 / GENERAL CONTRACT TERMS
AND CONDITIONS
The General Contract Terms and Conditions shall
be as set forth in Exhibit A.
SECTION 2 / SCOPE OF WORK
The scope of work to be performed by Consultant
is set forth in Exhibit B. The work and services to
be performed hereunder and described in Exhibit
B shall be referred to herein and in the General
Contract Provisions as the "Project".
SECTION 3 / COMPENSATION
The amount, method and timing for payment to
the Consultant shall be in accordance with Exhibit
C.
SECTION 4 / WORK SCHEDULE
The preliminary schedule of the work, if required,
is set forth in Exhibit B.
SECTION 5 I CLIENT RESPONSIBILITIES
The client responsibilities are set out in Exhibit F.
SECTION 6 / SPECIAL CONDITIONS
Special conditions, if any, are as set forth in
Exhibit G.
CLIENT: CITY OF COLUMBIA HEIGHTS
ADDRESS: 637 38TH AVENUE NE
COLUMBIA HEIGHTS, MN 55421
SECTION 7 / EXHIBITS
The following Exhibits are attached hereto and
made a part of this Agreement:
X Exhibit A General Contract Provisions
X Exhibit B Scope of Work
X Exhibit C Compensation
X Exhibit D Insurance Schedule
X Exhibit E Rate Schedule
X Exhibit F Client Responsibilities
EX:hibit G Spesial Conditions
All references to the "Agreement" in this
Document and the Exhibits shall mean this
Agreement and all of the Exhibits as one
integrated Agreement
SECTION 8 / ACCEPTANCE OF AGREEMENT
Upon written acceptance of this Agreement by
Client, Consultant shall commence the work. The
undersigned hereby accept the terms and
conditions of this agreement and Consultant is
hereby authorized to perform the services
described herein.
CONSULTANT: WSB
ADDRESS: 701 XENIA AVENUE SOUTH
SUITE 300
MINNEAPOLIS, MN 55416
BY: Donna K. Schmitt BY: -----------------
SIGNATURE: �M" < !( �D d SIGNATURE: -----------
TITLE: Mayor TITLE: ______________ _
BY: Kelli Bourgeois ----------------
SIGNATURE: --kM)
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TITLE: City Mana
Professional Services Agreement 08.01 .16 Page 1
Jason L. Amberg
Principal / Director of Landscape Architecture
WSB & ASSOCIATES, INC.
EXHIBIT A
GENERAL CONTRACT PROVISIONS
ARTICLE 1 -PERFORMANCE OF THE WORK
Consultant shall perform the services under this Agreement in accordance with the care and skill
ordinarily exercised by members of Consultant's profession practicing under similar circumstances at the
same time and in the same locality. Consultant makes no warranties, express or implied, under this
Agreement or otherwise, in connection with its services.
ARTICLE 2 -ADDITIONAL SERVICES
If the Client requests that the Consultant perform any services which are beyond the scope as set forth in
the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside
of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the
additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in
both compensation and time to perform.
ARTICLE 3 -SCHEDULE
Unless specific periods of time or dates for providing services are specified in a separate Exhibit,
Consultant's obligation to render services hereunder will be for a period which may reasonably be
required for the completion of said services. The Client agrees that Consultant is not responsible for
damages arising directly or indirectly from any delays for causes beyond Consultant's control. For
purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes;
severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other
emergencies; any action or failure to act in a timely manner by any government agency; actions or failure
to act by the Client or the Client's contractor or consultants; or discovery of any hazardous substance or
differing site conditions. If the delays outside of Consultant's control increase the cost or the time required
by Consultant to perform its services in accordance with professional skill and care, then Consultant shall
be entitled to a reasonable adjustment in schedule and compensation.
ARTICLE 4 -CONSTRUCTION OBSERVATION
If requested by Client, Consultant shall visit the project during construction to become familiar with the
progress and quality of the contractors' work and to determine if the work is proceeding, in general, in
accordance with plans, specifications or other contract documents prepared by Consultant for the Client.
The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or
continuous project review and observation services.
Consultant neither guarantees the performance of any Contractor retained by Client nor assumes
responsibility for any Contractor's failure to furnish and perform the work in accordance with the
construction documents. Client acknowledges Consultant will not direct, supervise or control the work of
contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the
contractors' means, methods, or procedures of construction. Consultant's services do not include review
or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. Job Site
Safety shall be the sole responsibility of the contractor who is performing the work.
For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of
the Client's observer. If the Client desires more extensive project observation or full-time project
representation, the Client shall request such services be provided by the Consultant as an Additional
Service. Consultant and Client shall then enter into a Supplemental Agreement detailing the terms and
conditions of the requested project observation.
ARTICLE 5 -OPINIONS OF PROBABLE COST
Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic
analyses of alternate solutions and utilitarian considerations of operations and maintenance costs,
collectively referred to as "Cost Estimates," provided for are made or to be made on the basis of the
Consultant's experience and qualifications and represent the Consultant's best judgment as an
experienced and qualified professional design firm. The parties acknowledge, however, that the
Exhibit A-General Contract Provisions 11 01.16 MN Page 1
Consultant does not have control over the cost of labor, material, equipment or services furnished by
others or over market conditions or contractor's methods of determining their prices, and any evaluation
of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as
simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs
may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes
no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims
related to the accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost
Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities.
ARTICLE 6 -REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE
All documents, including reports, drawings, calculations, specifications, CADD materials, computers
software or hardware or other work product prepared by Consultant pursuant to this Agreement are
Consultant's Instruments of Service and Consultant retains all ownership interests in Instruments of
Service, including copyrights. The Instruments of Service are not intended or represented to be suitable
for reuse by the Client or others on extensions of the Project or on any other project. Copies of
documents that may be relied upon by Client are limited to the printed copies (also known as hard copies)
that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for
convenience of Client. Any conclusion or information obtained or derived from such electronic files will be
at the user's sole risk. Consultant makes no representations as to long term compatibility, usability or
readability of electronic files.
If requested, at the time of completion or termination of the work, the Consultant may make available to
the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and
expenses incurred to the date and time of termination, and (ii) fulfillment of the Client's obligations under
this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written
consent, verification or adaptation by the Consultant except for the specific purpose intended will be at
the Client's risk and full legal responsibility and Client expressly releases all claims against Consultant
arising from re-use of the Instruments of Service without Consultant's written consent, verification or
adaptation.
The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from
any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly
arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any
person or entity that acquires or obtains the reports, plans and specifications from or through the Client
without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments
of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or
implied, of merchantability and fitness for any particular purpose. Consultant shall be entitled to
compensation for any consent, verification or adaption of the Instruments of Service for extensions of the
Project or any other project.
ARTICLE 7-PAYMENTS
Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is
entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on
the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from
the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary
course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30)
days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the
maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments
of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or
damage by Client for reason of withholding services or instruments of service until all invoices are paid in
full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable
attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant
may, after giving seven (7) days' written notice to Client, suspend services under this Agreement until it
receives full payment for all amounts then due for services, expenses and charges. Payment methods,
expenses and rates may be more fully described in Exhibit C and Exhibit E.
Exhibit A-General Contract Provisions 11.01.16.MN Page 2
ARTICLE 8 -SUBMITTALS AND PAY APPLICATIONS
If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the
Consultant's certification for payment shall constitute a representation to the Client, that to the best of the
Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that
the quality of the Work is in general accordance with the Documents issued by the Consultant. The
issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other data requested by the Client to
substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively
responsible for its Work.
If the Scope of Work includes Consultant's review and approval of submittals from the Contractor, such
review shall be for the limited purpose of checking for conformance with the information given and the
design concept. The review of submittals is not intended to determine the accuracy of all components,
the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in
construction, and those responsibilities remain exclusively with the Client's contractor.
ARTICLE 9 -HAZARDOUS MATERIALS
Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and
agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or
disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are
defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and
which may be found or identified on any Project which is undertaken by Consultant.
The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from
and against any and all claims, losses, damages, liability and costs, including but not limited to costs of
defense, arising out of or in any way connected with, the presence, discharge, release, or escape of
hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not
apply to such liability as may arise out of Consultant's sole negligence in the performance of services
under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or
contaminants specifically identified by the Client and included within Consultant's services to be provided
under this Agreement.
ARTICLE 10 -INSURANCE
Consultant has procured general and professional liability insurance. On request, Consultant will furnish
client with a certificate of insurance detailing the precise nature and type of insurance, along with
applicable policy limits. Additional Insurance requirements are listed in Exhibit D.
ARTICLE 11 -TERMINATION OR SUSPENSION
If Consultant's services are delayed or suspended in whole or in part by Client, or if Consultant's services
are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant,
Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its
option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in
this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things,
such delay or suspension and reactivation and the fact that the time for performance under this
Agreement has been revised.
This Agreement may be terminated by either party upon seven (7) days written notice should the other
party fail substantially to perform in accordance with its terms through no fault of the party initiating the
termination. In the event of termination Consultant shall be compensated for services performed prior to
termination date, including charges for expenses and equipment costs then due and all termination
expenses.
This Agreement may be terminated by either party upon thirty (30) days' written notice without cause.
Consultant shall upon termination only be entitled to payment for the work performed up to the Date of
termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data
Exhibit A-General Contract Provisions 11.01.16,MN Page 3
files (CADD}, field data, notes, and other documents whether written, printed or recorded on any medium
whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining
to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client
upon payment of all amounts due as of the date of termination. All provisions of this Agreement
allocating responsibility or liability between the Client and Consultant shall survive the completion of the
services hereunder and/or the termination of this Agreement.
ARTICLE 12 -INDEMNIFICATION
The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the
extent caused by the Consultant's negligence or willful misconduct.
The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the
extent caused by the Client's negligence or willful misconduct.
ARTICLE 13 -WAIVER OF CONSEQUENTIAL DAMAGES
The Consultant and Client waive claims against each other for consequential damages arising out of or
relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses,
for loss of use, loss of income, lost profit, project delays, financing, business and reputation and for loss
of management or employee productivity or of the services of such persons; and (2) Damages incurred
by the Consultant for principal office expenses including the compensation for personnel stationed there,
for losses of financing, business and reputation and for loss of profit except anticipated profit arising
directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of
their contractors, subcontractors or suppliers.
ARTICLE 14 -WAIVER OF CLAIMS FOR PERSONAL LIABILITY
It is intended by the parties to this Agreement that Consultant's services shall not subject Consultant's
employees, officers or directors to any personal legal exposure for the risks associated with this
Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees
that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or
asserted only against Consultant, and not against any of Consultant's individual employees, officers or
directors.
ARTICLE 15 -ASSIGNMENT
Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the
Agreement nor any claims that may arise from services or payments due under the Agreement without
the written consent of the other Party. Any assignment in violation of this provision shall be null and void.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of
Consultant and Client and there are no other intended beneficiaries of this Agreement.
ARTICLE 16-CONFLICT RESOLUTION
In an effort to resolve any conflicts that arise during the design or construction of the project or following
the completion of the project, the Client and Consultant agree that all disputes between them arising out
of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any
formal legal proceedings.
ARTICLE 17 -CONFIDENTIALITY
The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the
Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate,
any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These
provisions shall not apply to information in whatever form that comes into the public domain, nor shall it
restrict the Consultant from giving notices required by law or complying with an order to provide
information or data when such order is issued by a court, administrative agency or other authority with
proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the
Agreement or defend itself from any suit or claim.
Exhibit A-General Contract Provisions 11.01.16.MN Page 4
ARTICLE 18-AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY
Consultant maintains professional liability insurance with a liability limit of not less than $2,000,000 per
claim. The Consultant's total liability to Client shall not exceed the total available insurance policy limits
per claim available to Consultant under its professional liability insurance policy. Client hereby agrees
that to the fullest extent permitted by law, the Consultant's total liability to Client for any and all injuries,
claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from
this Agreement from any cause or causes including, but not limited to, Consultant's negligence, errors,
omissions, strict liability, breach of contract or breach of warranty (Client's Claims) shall not exceed the
total policy limits available to Consultant under its professional liability insurance policy for settlement or
satisfaction of Client's Claims under the terms and conditions of the Consultant's professional liability
insurance policy applicable hereto.
Notwithstanding the language above, Client agrees that with regard to any claim arising from or relating to
Consultant's provision of geotechnical engineering services, construction materials testing, special
inspections, and/or environmental engineering services, including but not limited to environmental site
assessments, that Consultant's liability for any claims asserted by or through Client shall be limited to
$50,000.
Client and Consultant each further agree that neither will be responsible for any incidental, indirect, or
consequential damages (including loss of use or loss of profits) sustained by the other, its successors or
assigns. This mutual waiver shall apply even if the damages were foreseeable and regardless of the
theory of recovery plead or asserted.
ARTICLE 19-CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising
out of or relating to this Agreement, or the breach thereof, including but not limited to claims for
negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of
the State of Minnesota.
ARTICLE 20 -LOCATION OF UNDERGROUND IMPROVEMENTS
Where requested by Client, Consultant will perform customary research to assist Client in locating and
identifying subterranean structures or utilities. However, Consultant may reasonably rely on information
from the Client and information provided by local utilities related to structures or utilities and will not be liable
for damages incurred where Consultant has complied with the standard of care and acted in reliance on that
information. The Client agrees to waive all claims and causes of action against the Consultant for claims
by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or
damages to underground improvements resulting from subsurface penetration locations established by
the Consultant.
Exhibit A-General Contract Provisions 11.01.16.MN Page 5
WSB & ASSOCIATES, INC.
EXHIBITS
SCOPE OF WORK
SILVER LAKE BOAT LANDING AND SITE IMPROVEMENT PROJECT
CONSTRUCTION SERVICES
The Client intends to retain the Subconsultant to provide the professional services detailed below.
ARTICLE 8.1 -CONSTRUCTION SERVICES
B.1.1 Contract Administration and Site Progress Meetings.
B.1.1.1
B.1.1.2
B.1.1.3
B.1.1.4
B.1.1.5
B.1.1.6
B.1.1.7
B.1.1.8
B.1.1.9
Pre-construction Conference: conduct and prepare/distribute meeting
minutes to all attendees.
Weekly Site Progress Meetings: attend up to eighteen (18) weekly site
progress meetings during periods of active construction during the project to
allow for pro-active communication with the Contractor and Client, which will
maximize efficiency during the construction. Meeting minutes will be
prepared and distributed to all the attendees. These meetings will allow
Consultant to:
a. Become generally familiar with and to keep the Owner informed about
the progress and the quality of the Work completed. Note, this does not
include exhaustive or continuous on-site inspections to check the quality
or quantity of the Work.
b.Determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed, will be in accordance with
the Contract Documents.
c.Report to the Owner known deviations from the Contract Documents.
Submittal and Shop Drawing Review
Requests for Information: Consultant will answer Contractor questions and
provide design intent and clarification for any issues that may arise during the
project.
Pay Applications: review and make recommendations on pay applications
prepared by Contractor regarding payment.
Change Orders: in the event of changed conditions during the project,
Consultant will prepare and distribute any necessary change orders to
expediate field work.
Substantial Completion Meeting and Punchlist
Final Project Completion Review Meeting
Record Drawings and Warranty Inspection
B.1.2 Site Observation and Inspection.
B.1.2.1
B.1.2.2
Exhibit B -Scope of Services
Periodic Site Visits: to confirm grades, roll testing, and bituminous paving
operation for the drive lanes/parking areas.
Installation Inspections: including storm, sanitary/lift station, and electrical
and controls to ensure utility improvements align with drawings and
specifications.
Page 1
8.1.2.3
B.1.2.4
Coordination: of staking and material testing operations.
Coordination: of utility installation by Xcel and CenterPoint.
B.1.3 Environmental Compliance Inspections/Audits.
B.1.3.1 Biweekly Audit: A certified Environmental Compliance Specialist registered
in the State of Minnesota will conduct a biweekly audit of the project to meet
the City's requirements and goals. Each site audit will include a review of the
installation of BMPs, inspection and maintenance records, and overall site
compliance and the City's ordinances. The Specialist will prepare an
inspection report detailing the audit results and all reports will be provided
within 24 hours of inspection completion.
B.1.4 Construction Staking.
B.1.4.1
B.1.4.2
B.1.4.3
Stakeout Data Preparation
a.Construction Limits
b.Erosion Control
c.Grading and Layout
d.Parking Lot and Drive
e.Utilities
f.Retaining Wall
Construction Staking: Consultant will provide stakes for stakeout data
defined in B.1 .4.1. This will include one set of stakes with line and grade on
an offset that is usable (for utilities), the Contractor will be responsible for
protecting theses stakes, any re-stake will be at the Contractor's cost.
As-builts for Utilities and Lift Station
B.1.5 Construction Testing Services.
B.1.5.1
B.1.5.2
Exhibit B -Scope of Services
Aggregates and Soils Testing:
a.Two (2) trips for excavation observations of retaining wall base.
b.Eight (8) trips for compaction testing of fill and backfill.
c.Nuclear Density Testing
i.Five (5) tests -aggregate base
ii.Four (4) tests -select granular backfills
iii.Eight (8) tests -subgrade
iv.One (1) test -storm sewer trench backfills
v.One ( 1) test -storm culvert backfill
d.Static Cone Penetrometer
i.Two (2) trips for bearing capacity under equipment pads
e.Sieve Analysis
i.One (1) test -aggregate base
ii.One (1) test -select granular
iii.One (1) test -coarse filter aggregate
iv.One (1) test granular bedding
f.Standard Proctor
i.One (1) test -aggregate base
ii.One (1) test select granular backfill / sand base
iii.One ( 1) test -subgrade
iv.One (1) test -trench backfill
v.One (1) trip for sample pick up
Asphalt
a.Two (2) trips for roll pattern determination
Page 2
8.1.5.3
8.1.5.4
b.Two (2) tests -Mn DOT Gyratory Mix Properties
c.Two (2) trips for sample pick up
Concrete Reinforcement
a.One (1) trip for 12" reinforced walk
b.One (1) trip for lift station slab
c.One (1) trip for equipment pads
d.One (1) trip for abutment
Concrete
a.Five (5) trips for concrete pours
b.Twenty (20) cylinders for curing and compressive strength testing
c.Four (4) trips for sample pick up
8.1.6 Bidding Assistance. It is understood that the project may be bid as two (2) separate
packages (one package for retaining walls I mass grading required for retaining walls,
one package for all other site improvement work). Consultant will provide bidding
services defined below:
8.1.6.1 Advertisement for Bids
8.1.6.2 Coordinate Online Plan Set Availability to Contractors
B.1.6.3 Receive Questions and Provide Responses to Prospective Bidders
8.1.6.4 Issue Addenda as Necessary
8.1.6.5 Attend the Bid Opening
8.1.6.6 Prepare Tabulation of Bids
B.1.6. 7 Prepare Letter of Recommendation for Contract Award
ARTICLE 8.2 -ADDITIONAL SERVICES
If Client should request that Consultant perform any services which are outside the scope of services of
this Agreement, such services shall be on an hourly basis and billed per Consultant's current hourly rate
schedule, Exhibit E. Such services may include the following:
8.2.1 Meetings. Consultant meetings with residents, Park Board, or others as requested by
Client.
8.2.2 Scope Additions. Additional work requested or enlargement of original scope.
ARTICLE 8.3 -PROJECT MANAGEMENT
Steve Foss will serve as the day to day project manager with Jason Amberg's oversight.
Exhibit B -Scope of Services Page 3
WSB & ASSO CIATES, INC.
EXHIBIT C
COMPENSATION
SILVER LAKE BOAT LANDING AND SITE IMPROVEMENT PROJECT
CONSTRUCTION SERVICES
The Client shall pay the Consultant for Professional Services rendered on the basis of a not-to-exceed
fee to be billed on an hourly basis, as mutually agreed to and deemed fair and reasonable for the work
detailed in Exhibit B -Scope of Work.
Engineer's current fee schedule with hourly rates is attached to this contract as Exhibit E. The rate schedule is for 2020 and will remain in effect for services rendered through December 31, 2020.
The following represents the compensation terms:
ARTICLE C.1 -PAYMENT FOR SCOPE OF SERVICES
The Client shall pay the Consultant on a fee basis for the professional services set forth in Exhibit B, the
estimated fee of $87,892 not including reimbursable expenses, detailed in Exhibit C.1. Client will be
billed hourly according to the classification at current rates for each employee.
ARTICLE C.2 -PAYMENT FOR REVISIONS OR OTHER WORK
If the Client directs that revisions be made following approval by the Client or if the Client directs
Consultant to perform other work, the Consultant shall be compensated for the cost of such revisions at
the hourly fee. The Consultant shall be given additional compensation when additions consist of
enlargement or extension of the project.
ARTICLE C.3 -RECEIPT OF PAYMENT
In order to receive payment for services, the Consultant shall submit monthly invoices describing in detail
the services performed in accordance with this contract. The Client shall pay Consultant upon receipt of
each monthly invoice.
ARTICLE C.4 -EXPENSES
Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract.
The Consultant shall be reimbursed for the actual cost of the expenses, without markup. Typical
expenses include, but are not limited to, the following:
•Printing/Binding
•Advertising/Publishing Fees•Hotels•Permits
The following shall not be considered reimbursable expenses:
•Mileage
•Mobile phone usage
•Computer equipment time•Preparation and reproduction of common correspondence
•Mailing
•Per Diem
Exhibit C -Compensation Page
March 10, 2020
-
Al: Contract Admin
A2: Site Observation and Inspection
Al: Em1ironmental Com_e_liance
A4: Construction Stakin_1
AS: Construction TestinJ_
TASKS
Admin, project management, coordmation
Pre-construction mtg. prep., attendance. follow up
Weekly site pro_e,ress meetin1s (lB weeks}
submittals / shop drawings/ respond to RFls
Pav applicalions / chan;_e orders
Substantial completion walkthrough / punchlist
Final walklhrou1h and contract closeout
On Sile Construction Observation/ Utility Coordination
16 environmental colT1J)liance audits
�taking management/ survey data computations
staking
As-built Survey
Aggregate and Soils
Asphalt Pavements
Concrete Reinforcement
Concrete
Project Supervision, Review and Mana1ement
Tota/Cost
l!OW/),"'1• .. I Total Salary Costs
Reimbursable Expenses
Total E>epenseS Subconsultant Fee (1)
Subconsultant Fee (21
Total Subconsuhant F ..
Total Prolect Cost
Hourly Rates
S-liif' -1--
May_·20 Od. ·20
May'2Q_ I All9esl 20
lh(20 Oct '20
May 10 Sef'_I. "20
Jvne '20 I Allg_usl 20
I
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Exhibit C.1 -WSB & Associates Inc
ESTIMATE OF COST
Silver Lake Boat Landing and Site Improvement Project
Construction Admin.
�-� � � ]�i 112-1$
12
$17l.OOI $6,020.00
�;: il 192
S192.001 1960,00
,Ji)
City of Columbia Hel£h:tS
. , ;: .� �� � � C � ::, ;3._�_Vl_ 119
16
54 16
16
16
� � ::i .!: � � ;i
� ,:;i; 152
I ;: .;: s i! 135
24
30
21
34
s
" ,� 8 �-I $ 107
12
22
84
$11QOOI $15,946.00 S15200 I $13i00 I StD100 I $304.00 $17,010.00 $14,017.D0
" !ii .;., -""
!l j:: � �110
ma.001 1440.00
�"'
" ,� 8 i� 1011 $
!lorooJ 1856.00
.... 111
Electrical Engineering (Barr)
'
G:\Group Dala\Mun,c,pal\Cl,ents. c,1,es Count,cs\Columb•• He,ghls\Propos•ls\S1lver Lake Boal land,ng •nd Sile lrnpr11vemcn1 Pro1cc1 Con�lrucl1on l\dm,m�1ra1,on\S1lvcr La�e CA Fee fst,mau.• Page 1
84 Is
10
WOO/ 11,176.00
l 1131$
16
!1/MOj $1,800.00
-,-lilll � � .0. �
43
196 !$
S!M.OOI lll,359411
.,,-,
·�] � 135
s,31001 10.00
i,r
� � .� -II�� <t 84
60
suoo I SS,0411.00
wsb
Ji 120 128
16
si20.001 ,128 oo 1 $1,920.00 $0.00
., :� :
Total
54
9
104 56 52
25
0 u � �
$6.772
$1,197 $13,396
$6,629
$6,479 $1,230 $3,244
1581 $18,778 jf 60 SS.!.040
16 $1,800
43 }_8_.g60 52,064 r; $3.713 $1,890 $360
$2,!20
$870
$83,942
$73,848.40
$0.00
$0
53,950
$3,950
587,892
WSB & ASSOCIATES, INC.
GENERAL LIABILITY
Carrier:
Type of Insurance:
Coverage:
AUTOMOBILE LIABILITY
Carrier:
Type of Insurance:
Coverage:
UMBRELLA
Carrier:
Coverage:
EXHIBIT D
INSURANCE SCHEDULE
Hays Companies, Inc.
Commercial General Liability
General Aggregate
Products-Comp/Ops Aggregate
Personal & Advertising Injury
Each Occurrence
Damage to Rented Premises
Medical Expenses (Any one person)
Hays Companies, Inc.
Any Auto
Combined Single Limit
Hays Companies, Inc.
Each Occurrence/Aggregate
WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY
Carrier:
Coverage:
Hays Companies, Inc.
Statutory
Each Accident
Disease-Policy Limit
Disease-Each Employee
PROFESSIONAL LIABILITY
Carrier:
Coverage:
H.Robert Anderson and Associates, Inc.
Each Claim
Annual Aggregate
Certificates of Insurance will be provided upon request.
Exhibit D -Insurance Schedule 10 01.19
$2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000
$1,000,000
$10,000,000
$1,000,000 $1,000,000 $1,000,000
$5,000,000 $10,000,000
Page 1
EXHIBIT E
2020 Rate Schedule
PRINCIPAL I ASSOCIATE
SR PROJECT ENGINEER I SR PROJECT MANAGER
PROJECT MANAGER
PROJECT ENGINEER I GRADUATE ENGINEER
ENGINEERING TECHNICIAN I ENGINEERING SPECIALIST
LANDSCAPE ARCHITECT I SR LANDSCAPE ARCHITECT
ENVIRONMENTAL SCIENTIST I SR ENVIRONMENTAL SCIENTIST
PLANNER I SR PLANNER
GIS SPECIALIST I SR GIS SPECIALIST
CONSTRUCTION OBSERVER
SURVEY
One-Person Crew
Two-Person Crew
Three-Person Crew
OFFICE TECHNICIAN ------
wsb
Billing Rate/Hour I $152-$192
$152-$192
$135-$150
I $90 -$146
$58 -$146
$70 -$150
$58 -$146
$70 -$150
$70 -$150
$95-$120
$149
$196
$211
$53 -$94 ____ L _J
Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the
above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT)
service rates]. Mileage can be charged separately, if specifically outlined by contract. I Reimbursable expenses include costs asso
ciated with plan, specification, and report reproduction; permit fees; delivery costs; etc. I Multiple rates illustrate the varying levels of
experience within each category. I Rate Schedule is adjusted annually.
WSBENG COM
WSB & ASSOCIATES, INC.
EXHIBIT F
CLIENT RESPONSIBILITIES
The Client's responsibilities related to the services to be provided by Consultant are generally as set out
below. These responsibilities can be modified through Supplemental Agreements.
In order to permit the Consultant to perform the services required under this Agreement, the Client shall,
in proper time and sequence and where appropriate to the Project, at no expense to the Consultant:
ARTICLE F.1
Provide available information as to its requirements for the Project, including copies of any design and
construction standards and comprehensive plans which the Client desires Consultant to follow or
incorporate into its work.
ARTICLE F.2
Guarantee access to and make all provisions for the Consultant to enter upon public and private lands to
enable the Consultant to perform its work under this Agreement.
ARTICLE F.3
Provide such legal, accounting and insurance counseling services as may be required for this Project.
ARTICLE F.4
Notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in the
Project construction or design.
ARTICLE F.5
Designate a Client Representative with authority to transmit and receive instructions and information,
interpret and define the Client's policies with respect to services rendered by the Consultant, and
authority to make decisions as required for Consultant to complete services required under this
Agreement.
ARTICLE F.6
Act promptly to approve all pay requests, Supplemental Agreements, or request for information by
Consultant as set out below.
ARTICLE F.7
Furnish data (and professional interpretations thereof) prepared by or services performed by others,
including where applicable, but not limited to, previous reports, core borings, sub-surface explorations,
hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and
equipment; appropriate professional interpretations of the foregoing data; environmental assessment and
impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property
description; zoning, deed and other land use restrictions; and other special data.
ARTICLE F.8
Require all Utilities with facilities in the Client's Right of Way to Locate and mark said utilities upon
request, Relocate and/or protect said utilities as determined necessary to accommodate work of the
Project, submit a schedule of the necessary relocation/protection activities to the Client for review and
comply with agreed upon schedule.
ARTICLE F.9
Review all reports, sketches, drawings, specifications and other documents prepared and presented by
the Consultant, obtain advice of legal, accounting and insurance counselors or others as Client deems
necessary for such examinations and render in writing decisions pertaining thereto.
Exhibit F -Client Responsibilities 10.30.15 Page 1
ARTICLE F.10
Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or
pollutants located in the project area prior to accomplishment by the Consultant of any work on the
Project.
ARTICLE F .11
Provide record drawings and specifications for all existing physical plants of facilities which are pertinent
to the Project.
ARTICLE F.12
Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Consultant
of the services in accordance with the Contract Documents.
ARTICLE F.13
Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished
by the Client or others employed by the Client. Consultant shall endeavor to verify the information
provided and shall promptly notify the Client if the Consultant discovers that any information or services
furnished by the Client is in error or is inadequate for its purpose.
ARTICLE F.14
Client shall bear all costs incidental to compliance with the requirements of this article.
Exhibit F -Client Responsibilities 10.30.15 Page 2