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