HomeMy WebLinkAbout2021-4040Contract # 2021-4040
WSB & ASSOCIATES, INC.
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement') is made as of the 2nd day of November 2021, 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 51 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 HEIGH I S, MN 55421
BY:t,�1: �ov,rrntn
SIGNATURE:
TITLE:
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
Exhibit
Client Responsibilities
Special SGnditiens
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 81 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 & ASSOCIATES, INC. dba
WSB
ADDRESS: 701 XENIA AVENUE SOUTH
SUITE 300
MINNEAPOLIS, MN 55416
BY: Meghan Litsey
SIGNATURE:
TITLE: Associate
Professional Services Agreement 08 01 16 Paae 1
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 Pago 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 1-112% 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 panty 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.
EXHIBIT B
SCOPE OF WORK
2020 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) GENERAL PERMIT
DEVELOPMENT AND IMPLEMENTATION
ARTICLE B.1 — GENERAL SCOPE OF SERVICES
The Client intends to retain the Consultant to provide professional services for program development and
implementation of the 2020 MS4 General Permit. Consultant will work with Client's staff to develop a revised
Stormwater Pollution Prevention Program (SWPPP) that meets the permit requirements defined in the City's
Part II Application for Reauthorization and assist Client's staff with the initial twelve (12) month
implementation of the updated MS4 program.
B.1.1 Stormwater Pollution Prevention Program SWPPP Administrative Activities:
B.1.1.1 MS4 Program Management
Consultant's project manager will meet quarterly with Client staff in 2021-2022 and support
Client staff with the implementation of the approved Part II Reauthorization Application.
Further, the Consultant's project manager will routinely check -in with the Client's MS4
Coordinator and address the following items:
• Tasks for staff members to complete as part of the program
implementation.
• Documentation requirements needed quarterly to ensure ongoing permit
compliance and aide annual reporting to the Minnesota Pollution Control
Agency (MPCA).
• Any updates from the MPCA that may offer benefits or impacts to the
Client's MS4 Permit activities,
B.1.1.2 Recordkeeping & Tracking
Consultant will work with the Client to identify mechanisms to successfully track and
report MS4-related activities that are occurring in the City of Columbia Heights. To aid
recordkeeping and tracking, Consultant will provide access to an electronic MyLink
portal to improve internal processes and overall communication during the MS4
program update process and the remaining permit term. The Client will have its own,
dedicated portal page which is customizable with photos, links, featured documents,
and many other plug -ins to meet MS4 needs, including the ability to find necessary
documents quickly and easily, work collaboratively on documents, and provide real-
time progress.
B.1.1.3 MS4 Organizational Chart
Consultant will assist the Client in developing an organizational chart to help define
the responsibilities of each department, to help document how the Client will be able
to successfully implement each component of the MS4 program. Such
responsibilities include but are not limited to education, illicit discharge detection and
enforcement, plan reviews, and good housekeeping practices for municipal
operations. This organizational chart will also identify partner agencies that may help
the Client meet its MS4 goals.
B.1.2 Regutato_u Mechanisms & Written Procedures
B.1.2.1 Regulatory Mechanisms
The Client's regulatory mechanisms for illicit discharges, construction stormwater
management, and post -construction stormwater management was assessed during the
reauthorization application process, and the assessment revealed that ordinance
revisions will be necessary to maintain compliance with the MS4 Permit. This scope
includes providing revised ordinance language to be reviewed by the City Attorney and
approved by City Council. This task includes attendance at one (1) City Council
meeting to present the revisions and address questions from the City Council and/or
Exhibit B — Scope of Services Page 1
the public.
B.1.2.2 Standard Operating Procedures (SOPs)
These SOPS will provide Client staff consistent procedures to carry out an operation or
deal with a situation. Consultant will meet with Client staff to review their procedures to
support Public Works and other entities within the City of Columbia Heights to
complete tasks as outlined. SOPS will be reviewed and updated for each minimum
control measure so that plan reviews, inspections, and other documentation
requirements are consistent across departments within the City of Columbia Heights,
and in compliance with regulatory mechanisms and the MS4 Permit.
B.1.2.3 Enforcement Response Procedures (ERPs)
Consultant will review the Client's ERPs to outline internal staff procedures for
resolving non-compliance issues generated because of a complaint or site inspection
The ERPs will include procedures for resolving non-compliance issues specific to
Client ordinances, standards, and policies related to illicit discharge detection, and
elimination, construction site erosion and sediment control, and post -construction
stormwater management.
B.1.3 MS4 Mapping & inventory
B.1.3.1 MS4 Mapping
MS4 Mapping will include evaluating existing MS4 program maps and providing
recommendations for areas that need to be updated as follows:
• Priority watersheds for increased education initiatives (e.g., impaired
waters or Total Maximum Daily Load (TMDL)
• Storm Sewer System Map
• Facility Inventory Map
• High Priority Illicit Detection & Elimination Map
Priority areas for erosion and sediment inspections (e.g., development in areas
with sensitive receiving waters and highly erodible soils)
These maps may exist or may need to be developed. Consultant proposes to work
with Client staff to develop criteria and methods for developing additional maps.
B.1.3.2 Structural Stormwater Best Management Practices (BMPs) Inventory
The MS4 Permit requires permittees to develop an inventory of structural stormwater
BMPs that are not owned or operated by the permittee. This task will include a review
of privately owned and operated structural stormwater BMPs and a written or mapped
inventory will be developed to track existing and proposed BMPs.
B.1.4 Public Education & Participation PMrarn
4.1. Education & Outreach Implementation Plan
The MS4 Permit requires permittees to develop an implementation plan for their MS4
education program to reach specific target audiences. This task will include reviewing
the current education program and providing recommendations, such as focusing on
high priority stormwater related issues to be emphasized for education and outreach
during the permit term (e.g., specific TMDL reduction targets & BMP activities,
promoting adoption of the residential BMPs, Client webpage updates, public
participation events, etc.). Further, this task includes:
• Identifying target audiences
• Development of an education implementation plan with specific activities and
schedules to reach each target audience
• Identifying method(s) to evaluate the effectiveness of the education
program and messages that are developed.
B.1.5 Waste Load Allocations (WLAs) for Bacteria and Chloride
Exhibit B — Scope of Services Page 2
B.1.5.1 Bacteria WLA
The City of Columbia Heights has an applicable Waste Load Allocation (WLA) for
bacteria. Per the MS4 Permit, permittees with a WLA for bacteria must develop an
inventory of potential areas and sources of bacteria. In addition, permittees must
develop a written plan to prioritize reduction activities to address the areas and sources
outlined in the inventory. Consultant will work with Client staff to inventory potential
pollutant loading sources of bacteria. Once locations have been identified, Consultant
will prepare a written plan with BMPs for the Client to implement over the permit term to
manage high bacteria loading areas.
B.1.5.2 Chloride WLA
The City of Columbia Heights has an applicable WLA for chloride. Per the MS4
Permit, permittees with a WLA for chloride must track the amount of deicer applied
each winter maintenance season. In addition, permittees must conduct an
assessment of the permittee's winter maintenance operations. Consultant will work
with Client staff to develop a recordkeeping mechanism to track deicing salt applied to
Client owned and operated surfaces. Consultant will also support Client staff with the
completion of their first annual assessment and determination of potential BMP
improvements in 2022.
ARTICLE B.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.
Exhibit B — Scope of Services Page 3
WSB & ASSOCIATES, INC.
EXHIBIT C
COMPENSATION
2020 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) GENERAL PERMIT
DEVELOPMENT AND IMPLEMENTATION
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 CA — 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 $10.946 as follows:
SWPPP Administrative Activities .......................... ...... ........ .................. ......... ... ......... $2,668
Regulatory Mechanisms & Written Procedures ................................... :........ :................... $3,668
MS4Mapping & Inventory............................................,......._...,..................................._....$2,434
Public Education & Participation Program ............ ....:............................................ .......... ..$184
Waste Load Allocations for Bacteria and Chloride ...... ....... ..................... .....$1,992
Total Estimated Fee ..................................... ,............ $10,946
ARTICLE C.2 — PAYMENT 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 CA — 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
51 Mailing
Exhibit C - Compensation
Page
WSB & ASSOCIATES, INC.
GENERAL LIABILITY
Broker:
Type of Insurance
Coverage:
AUTOMOBILE LIABILITY
Broker:
Type of Insurance
Coverage:
UMBRELLA
EXHIBIT D
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
Broker: Marsh & McLennan Agency, LLC
Coverage: Each Occurrence/Aggregate
WORKER'S COMPENSATION AND EMPLOYERS` LIABILITY
Broker: Marsh & McLennan Agency, LLC
Coverage: Statutory_
Each Accident
Disease -Policy Limit
Disease -Each Employee
PROFESSIONAL LIABILITY
Broker: H. Robert Anderson and Associates, Inc
Coverage:
Each Claim
Annual Aggregate
Certificates of Insurance will be provided upon request
$4,000,000
$2,000,000
$2,000,000
$2,000,000
$100, 000
$25,000
$2,000,000
$10, 000, 000
$ 1.000.000
$ 1 000,000
$ 1,000,000
$ 5,000,000
$ 10,000,000
Exhibit D — Insurance Schedule 202103 page 1
EXHIBIT E
2021 Rate Schedule WSb
PRINCIPAL I ASSOCIATE $154 - $197
SR. PROJECT MANAGER I SR PROJECT ENGINEER $154 - $197
PROJECT MANAGER $137 - $152
PROJECT ENGINEER I GRADUATE ENGINEER $92 - $150
ENGINEERING TECHNICIAN I ENGINEERING SPECIALIST $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 $71 - $152
CONSTRUCTION OBSERVER $95 - $121
SURVEY
One -Person Crew
$152
Two -Person Crew
$199
Three -Person Crew
$214
OFFICE TECHNICIAN
$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.
WSB 8, 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 FA
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