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HomeMy WebLinkAbout2021-3098WSB & ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the "Agreement") is made as of the 21st day of D1;1cember 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 / 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 SECTION 7 I 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 ..1L Exhibit F Client Responsibilities e>Ehieit G Spesial CeRaitiens 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 thi.s 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: 637 38TH AVENUE NE ADDRESS: 701 XENIA AVENUE SOUTH SUITE 300 COLUMBIA HEIGHTS, MN 55421 MINNEAPOLIS, MN 55416 Professional Services Agreement 08.01.16 Page 1 Contract # 2021-3098 WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 -PERFORMANCE OF THE WORK ARTICLE 2 -ADDITIONAL SERVICES ARTICLE 3 -SCHEDULE ARTICLE 4-CONSTRUCTION OBSERVATION ARTICLE 5 -OPINIONS OF PROBABLE COST ARTICLE 6 -REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE ARTICLE 7 -PAYMENTS Exhibit A-General Contract Provisions 11.01, 16.MN Page2 ARTICLE 8-SUBMITTALS AND PAY APPLICATIONS ARTICLE 9 -HAZARDOUS MATERIALS ARTICLE 10 -INSURANCE ARTICLE 11 -TERMINATION OR SUSPENSION ARTICLE 12 -INDEMNIFICATION ARTICLE 13 -WAIVER OF CONSEQUENTIAL DAMAGES ARTICLE 14 -WAIVER OF CLAIMS FOR PERSONAL LIABILITY ARTICLE 15-ASSIGNMENT ARTICLE 16-CONFLICT RESOLUTION ARTICLE 17 -CONFIDENTIALITY ARilCLE 18 -AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY ARTICLE 19-CONTROLLING LAW ARTICLE 20 -LOCATION OF UNDERGROUND IMPROVEMENTS Exhibit A-General Contract Provisions 11.01.16.MN Page 5 WSB & ASSOCIATES, INC. EXHIBIT B SCOPE OF WORK MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PART II APPLICATION FOR REAUTHORIZATION SUPPORT SERVICES ARTICLE 8.1 -GENERAL SCOPE OF SERVICES The Client intends to retain the Consultant to provide professional services to complete and submit the MS4 Part II Application for Reauthorization. B.1.1 MS4 Program Assessment & Part II Application for Reauthorization. Consultant will schedule two (2) meetings with Client to gather all necessary information about the existing MS4 program, and to identify any differences that exist between the expired 2013 MS4 Permit and the new 2020 MS4 Permit. This assessment will include previously collected information and any new information pertaining to: •Interviews with Client to review MS4 responsibilities. •Past MS4 records, such as annual reports, MPCA audits and correspondence, inspection reports, storm sewer system mapping, etc.•Reviews of existing written procedures, ordinances, Best Management Practic es (BMPs), Comprehensive Water Resource Management Plans (CWRMP), Wellhead Protection Plans (WHPP), TMDLs, and Watershed District Requirements (if any) At the conclusion of the assessment, Consultant will provide a written summary of the City's program strengths and recommendations to reinforce program outcomes and deliverables. The information gathered during the program assessment will be used to complete the application for reauthorization (SWPPP Document) to receive permit coverage. Consultant will prepare a draft of the Application for Reauthorization which can be submitted to the MPCA prior to the April 15, 2021 deadline. B.1.2 Total Maximum Daily Loads ClMDLs) Assessment. Consultant will identify all activities that will need to be completed to achieve compliance with the TMDL Waste Load Allocation (WLA) reduction requirements. This will include identifying progress towards meeting the TMDL goals, BMPs either implemented or planned to be implemented, and a narrative describing what strategies will be taken if the WLA is not being achieved by the desired date. Client will assist with gathering any necessary information regarding BMPs completed to date related to the applicable TMDLs. ARTICLE 8.2 -SCHEDULE Consultant will begin work upon agreement execution and will work with Client to ensure the Part II Application for Reauthorization is submitted to the MPCA prior to April 15, 2021. ARTICLE 8.3 -ADDITIONAL SERVICES This scope does not include work that will be included as part of implementation of the revised Stormwater Pollution Prevention Program (SWPPP). All future tasks for SWPPP implementation (e.g., revision of written procedures, ordinances, etc.) will be contracted separately following completion of the Part II Application for Reauthorization. Exhibit B - Scope of Services Page 1 WSB & ASSOCIATES, INC. EXHIBITC COMPENSATION MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PART II APPLICATION FOR REAUTHORIZATION SUPPORT SERVICES The Client shall pay the Consultant for Basic Services rendered on an hourly basis, plus mileage as mutually agreed to and deemed fair and reasonable for the particular work to be performed. Consultant's current fee schedule with hourly rates is attached to this contract as Exhibit E. The rate schedule is for 2021 and will remain in effect for services rendered through December 31, 2021. The fee schedule will be evaluated on an annual basis by the Consultant and adjusted to account for inflation and other factors. The following represents the compensation terms: ARTICLE C.1 -PROJECT COMPENSATION Compensation for the scope of services as outlined in Exhibit B, Article B.1 will be billed hourly, estimated in the amount of $7,728 as follows: MS4 Program Assessment & Part II Application for Reauthorization ............................... $4,728 Total Maximum Daily Loads (TMDLs) Assessment... ....................................................... $3,000 Total Estimated Fee .................................................... $7,728 ARTICLE C.2 -F?AYMENT FOR OTHER WORK If the Client directs Consultant to perform other work, the Consultant shall be compensated for the cost of such requests 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. For hourly and percentage of construction cost contracts, the personnel who worked on the project shall be included. ARTICLE C.4 -EXPENSES Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses, without markup. Typical expenses include, but are not limited to, the following: •Permit fees•Plan and specification reproduction fees•Mileage The following shall not be considered reimbursable expenses: •Mobile phone usage •Computer equipment time•Preparation and reproduction of common correspondence•Costs related to the development of project photos •Mailing Exhibit C - Compensation Page WSB & ASSOCIATES, INC. GENERAL LIABILITY Broker: Type of Insurance: Coverage: AUTOMOBILE LIABILITY Broker: Type of Insurance: Coverage: UMBRELLA Broker: Coverage: EXHIBITD INSURANCE SCHEDULE Marsh & Mclennan Agency, LLC Commercial General Liability General Aggregate Products-Comp/Ops Aggregate Personal & Advertising Injury Each Occurrence Damage to Rented Premises Medical Expenses (Any one person) Marsh & McLennan Agency, LLC Any Auto Combined Single Limit Marsh & Mclennan Agency, LLC Each Occurrence/Aggregate WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Broker: Coverage: Marsh & Mclennan Agency, LLC Statutory Each Accident Disease-Policy Limit Disease-Each Employee PROFESSIONAL LIABILITY Broker: Coverage: H.Robert Anderson and Associates, Inc. Each Claim Annual Aggregate Certificates of Insurance will be provided upon request. Exhibit D -Insurance Schedule 202010 $2,000,000 $2,000,000 $1,000,000 $1,000,000 $100,000 $25,000 $1,000,000 $10,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000 $10,000,000 Page 1 2021 Rate Schedule l PRINCIPAL I ASSOCIATE ! EXHIBITE i SR. PROJECT MANAGER I SR. PROJECT ENGINEER PROJECT MANAGER ------------·-·-------·--·------ PROJECT ENGINEER I GRADUATE ENGINEER ENGIN EERING TECHNICIAN I ENGINEERING SPECIALIST wsb )i Billing Rate/Hour $154 -$197 $154 -$197 $137 -$152 $92-$150 $59-$148 . ····- ----····· .... -------+---- : LANDSCAPE ARCHITECT I SR. LANDSCAPE ARCHITECT $71 -$152 ENVIRONMENTAL SCIENTIST I SR. ENVIRONMENTAL SCIENTIST $59 -$147 ________________ _, -······· ........... . ( PLANNER I SR. PLANNER $71 -$152 ). ----· ----------·-�----------- GIS SPECIALIST I SR. GIS SPECIALIST CONSTRUCTION OBSERVER I SURVEY One-Person Crew Two-Person Crew Three-Person Crew r---·· / OFFICE TECHNICIAN I ________ ---- -----·--·---··-·-·--� - ···--·-------·-------- ·-"··-·········· $71 -$152 $95-$121 $152 $199 $214 $54-$95 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 associated 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. • t WSB EXHIBIT F CLIENT RESPONSIBILITIES ARTICLE F.1 ARTICLEF.2 ARTICLE F.3 ARTICLE F.4 ARTICLE F.5 ARTICLE F.6 ARTICLE F.7 ARTICLE F.8 ARTICLE F.9 Page 1 ARTICLE F.10 ARTICLE F .11 ARTICLE F.12 ARTICLE F.13 ARTICLE F.14