HomeMy WebLinkAboutR-2021-055 Consulting Services for 2021 Stormwater Effectiveness Study; Osborne Consulting, Inc.RESOLUTION NO. R-2021-055
A RESOLUTION authorizing an agreement with Osborn Consulting, Inc. to provide
consulting services for the 2021 Stormwater Effectiveness Study.
WHEREAS, the City of Yakima owns and operates the stormwater collection system in
compliance with the Washington State Department of Ecology 2019 — 2024 Eastern Washington
Phase II Municipal Stormwater Permit; and
WHEREAS, Permit Section S8. requires the City to begin the design, implementation,
and evaluation of a stormwater program effectiveness study during 2021; and
WHEREAS, the City of Yakima Stormwater Division requires professional services from
a qualified consultant to design and evaluate, and report the results of the effectiveness study;
and
WHEREAS, the Stormwater Division used the City procedure for Contracting for
Architects and Engineers; and
WHEREAS, Osborn Consulting, Inc. has the necessary expertise and experience to
perform and provide the required consulting services and is willing to do so in accordance with
the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to enter into
an agreement with Osborn Consulting, Inc. for consulting services associated with the
stormwater effectiveness study; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated contract with Osborn Consulting, Inc., for One Hundred Forty -Four Thousand, Seven
Hundred and Fifty -Five Dollars ($144,755) for consulting services associated with the 2021
Stormwater Effectiveness Study.
ADOPTED BY THE CITY COUNCIL this 4th day of ay, 2021.
ATTEST:
CIL
Sonya C a Tee, City Clerk
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tricia Byers, ayor
AGREEMENT
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CITY PFYAKMA,VVASmNGTDN
AND OSBORN CONSULTING, INC. FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this ay of 2021, by and between
the City of Yakima, Washington, a municipal corporation with its principal office at 12�N rth Second Street, Yakima,
VVA9890l (hereinafter referred to as "CITY"), and Osborn Consulting, Inc. with its principal office at 1800 112thAve
NE, miteZ2OE, Bellevue, VVA98004 (hereinafter referred tnao"ENG|NEER"); said corporation being licensed and
registered todobusiness inthe State ofWashington, and will provide Engineering/Consulting services under this
Agreement for Car Wash Wastewater Management Education and Outreach Effectiveness Study on behalf ofthe
City ofYakima, Project No. 1ZlU5[Lherein referred toasthe "PROUEC["
VVITNES8ETM:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction
of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge and
experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of
interest prohibited bylaw from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION INCORPORATION QFRECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION SCOPE OFSERVICES
2.0.1 ENGINEER agrees tuperform those services described hereafter. Unless modified in writing by both
parties, duties ofENGINEER shall not beconstrued toexceed those services specifically set forth herein.
2.02 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign, Laura Ruppert as
Principal -in -Charge throughout the term of this Agreement unless other personnel are approved
bythe CITY.
2.1 ENGINEER agrees to perform those tasks described in Exhibit A, entitled "SCOPE OF
SERVICES" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein.
22 CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be
defined in detail atthe time this Agreement is executed, and that additional WORK related to the Project
'
and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, atany time,
bywritten order, direct the ENGINEER torevise portions ofthe PROJECT WORK previously completed ina
satisfactory manner, delete portions of the PROJECT, orrequest that the ENGINEER perform additional
WORK beyond the mope of the PROJECT WORK. Such changes hereinafter shall be referred to as
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time
required for, performance of any services under this Agreement, a contract price and/or
completion time adjustment pursuant to this Agreement shall be made and this Agreement shall
be modified in writing/ any amendments tothe Agreement shall become effective upon written
acceptance bythe parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and
the ENGINEER according tuthe provisions set forth inExhibit B,attached hereto and incorporated
herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The
ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by
the ENGINEER inwriting.
23 The ENGINEER must assert any claim for adjustment inwriting within thirty (30days from the date of the
ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CnTfURNBHEDDA7A: The CITY will provide tothe ENGINEER all technical data inthe OTY'Spossession
relating tothe ENGINEER'S services on the PROJECT including information on any pre-existing conditions
known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by
anauthorized regulatory agency.
32 ACCESS TOFACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to ENGINEER
as required for ENGINEER'S performance of its services and will provide labor and safety equipment as
reasonably required byENGINEER for such access.
33 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor,
bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing
decisions required ofCITY inatimely manner. Such examinations and decisions, however, shall not relieve
the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the
standards ofcare applicable tuits profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement.
[nY'S Representative shall have complete authority to transmit instructions and receive information.
ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless
otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention
of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete, or
inaccurate based upon the ENGINEER'S knowledge.
3.5 Any documents, services, and reports provided by the COY to the ENGINEER are available solely as
additional information to the ENGINEER and will not relieve the ENGINEER ofits professional duties and
obligations under this Agreement or at |avu The ENGINEER shall be entitled to reasonably rely upon the
accuracy and the completeness of such documents, services and reports, but shall be responsible for
exercising customary professional care in using and reviewing such documents, services, and reports and
drawing conclusions from them.
SECTION AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 |nsigning this Agreement, CITY grants ENGINEER specific authorization toproceed with WORK described in
Exhibit A.The time for completion isdefined inExhibit A,orasamended.
SECTION 5 COMPENSATION
5.1 COMPENSATION VNATIME SPENT BASIS ATSPECIFIC HOURLY RATES: For the services described inExhibit
A, compensation shall be according to Exhibit Rates attached hereto and
incorporated herein by this reference' on a time spent bads plus reimbursement for direct non -salary
expenses.
5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred onnrdirectly
for the PROJECT including, but not limited to, necessary transportation costs, including current
rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding
and reproduction charges; all costs associated with other outside nonprofessional services and
facilities; special CITY -requested and PROJECT -related insurance and performance warranty costs;
and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges plus a reasonable markup, not to exceed ten percent(lO%), and on the basis of
current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in
ExhibitB.
5.111 Travel costs, including transportation, lodging, subsistence, and
incidental expenses incurred byemployees ofthe ENGINEER and each ofthe
Subconsultants in connection with PROJECT WORK; provided, as follows:
+ That umaximum ofU.S.INTERNAL REVENUE SERVICE allowed cents per mile will
bepaid for the operation, maintenance, and depreciation costs nfcompany nr
individually owned vehicles for that portion oftime they are used for PROJECT
WORK. ENGINEER, whenever possible, will use the least expensive form of
ground transportation.
, That reimbursement for meals inclusive of tips shall not exceed a maximum of
forty dollars ($40) per day per person. This rate may be adjusted on ayear|y
basis.
That accommodation shall beatareasonably priced hmeKmote.
That air travel shall be by coach doss, and ahoU be used only when absolutely
necessary.
I12 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX
charges are not included in the direct expense costs, but are considered included in the Schedule
ofSpecific Hourly Billing Rates.
513 Professional Subconsu|tams. Professional Subconsu|tants are those costs for engineering,
architecture, &eotechnica| services and similar professional services approved by the COY.
Reimbursement for Professional Subconsu|tantsvviU be on the basis of actual costs billed plus a
reasonable markup, not to exceed ten percent (10%) for services provided to the CITY through this
Agreement. Estimated 5ubonnsu|tantcosts are shown inExhibit 8.
5.2 Unless specifically authorized inwriting bythe CITY, the total budget ryamounthn1hbPRO]ECTsheUnot
shall make all reasonable efforts tocomplete the WORK within the budget and will keep CITY informed of
progress toward that end so that the budget orWORK effort can be adjusted if found necessary. The
ENGINEER isnot obligated toincurcnstsbeyondtheindicatedbudget nsmay beadjusted, nor isthe CITY
obligated topay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S
excess costs expended prior to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase, and provided that the City was informed in writing at the time such
costs were incurred.
53 The ENGINEER shall submit to the Cityt Representative an invoice each month for payment for PROJECT
services completed through the accounting cut-off day of the previous month. Such invoices shall be for
PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered
by previously submitted invoices. The ENGINEER shall submit with each invoice n summary of time
expended on the PROJECT for the current billing period' copies nfmbconsu|tant invoices, and any other
supporting materials and details determined necessary by the City to substantiate the costs incurred. CITY
will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK
done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice.
CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding
payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with
additional supporting information rprltipstp.d.
5/4 If payment is not made within sixty (60) days following receipt of approved invoices, interest nnthe unpaid
balance shall accrue beginning with the sixty-first (61't) day at the rate of 1.0% per month or the maximum
interest rate permitted by law, whichever is less; provided, however, that no interest shall accrue pursuant
to Chapter 39.76 RCW when before the date of timely payment a notice of dispute is issued in good faith
bythe CITY tothe ENGINEER pursuant tuthe terms ofRCVV39J6.OZO(4).
5.5 Rnu| payment of any balance due the ENGINEER for PROJECT services will be made within forty-five (45)
days after satisfactory completion of the services required by this Agreement as evidenced by CITY's written
acceptance and after such audit or verification as COY may deem necessary, together with EN5|NEER's
execution and delivery of a release of all known payment claims against CITY arising under or by virtue of
this Agreement, other than such payment claims, if any, as may be specifically exempted by the ENGINEER
from the operation ofthe release instated amounts tobeset forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute awaiver cxrelease byCITY ofany claims,
right, or remedy it may have against the ENGINEER under this Agreement or by law, nor shall such payment
constitute a waiver, remission, or discharge by CITY of any failure or fault of the ENGINEER to satisfactorily
perform the PROJECT WORK asrequired under this Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely
completion, and the coordination of all plans, designs, drawings, specifications, reports, and other services
furnished bythe ENGINEER under this Agreement. The ENGINEER shall, without additional compensation,
correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications,
reports, and other services. The ENGINEER shall perform its WORK according togenerally accepted civil
engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time,
and incompliance with applicable laws, regulations, and permits.
5.2 CnYS review nrapproval of, or payment for,any plans, drawings designs, specifications, reports, and
incidental WORK orservices furnished hereundershall not in anyway relieve the ENGINEER of responsibility
for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. CnY'Sre/ew,
Page
approval, or payment for any of the services shall not be construed to operate as a waiver of any rights
under this Agreement or at law or any cause of action arising out of the performance of this Agreement.
63 In performing WORK and services hereunder, the ENGINEER and its subcontractors, suboonsukants,
employees, agents, and representatives shall beacting asindependent contractors and shall not bedeemed
urconstrued tobeemployees nragents nfCITY inany manner whatsoever. The ENGINEER shall not hold
itself out as, nor claim to be, an officer or employee of CITY by reason hereof and shall not make any claim,
demand, or application to orfor any right or privilege applicable to an officer oremployee of CITY. The
ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER's employees,
agents, and representatives, including mbconsu|tantsand subcontractors, and shall save and hold CITY
harmless therefrom.
6,4 INDEMNIFICATION:
(a) ENGINEER agrees tndefend, indemnify,andholdhumo|eotheCDY'hse|ectedandappointed
officials, agents, officers,emp|oyeesondvo|unteem(hereinafter"parUesprotected^)frnm
(l) claims, demands, liens, lawsuits, administrative and other pnooeedings,(inc|uding
reasonable costs and attorney's fees) and (2) judgments, awards, losses, liabilities, damages,
penalties, fines, coats and expenses of any kind claimed by third parties arising out of, or
related to any death, injury, damage or destruction to any person or any property to the
extent caused by any negligent act, action, default, error, omission or willful misconduct
arising out ofthe Engineer's performance under this Agreement. |nthe event that any lien is
placed upon the City's property or any of the City's officers, employees or agents as a result
of the negligence or willful misconduct of the Engineer, the Engineer shall at once cause the
same to be dissolved and discharged by giving bond or other necessary satisfaction.
(b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense of any kind
claimed by third parties, including without limitation such |no, cost, or expense resulting from
injuries to persons or damages to property, caused solely by the negligence or willful misconduct
ofthe CITY, its employees, oragents inconnection with the PROJECT.
(d Kthe negligence orwillful misconduct ofboth the ENGINEER and the CITY (or aperson identified
above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall
be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence
orwillful misconduct and the right ofindemnity will apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall beconstrued to create aliability ma
right of indemnification in any third party.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligations under this Agreement shall not be limited in any way by any limitation on the amount or types
of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers'
urvvnrhmens' compensation acts, disability benefit acts, orother employee benefit acts. The ENGINEER
specifically and expressly waives its immunity underthe Industrial Insurance Act, Title 51, RCW. Such waiver
has been mutually negotiated bythe ENGINEER and the CITY.
60 It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of
determining compliance with the technical provisions of PROJECT specifications and does not constitute
any form of guarantee or insurance with respect tothe performance of contractor. ENGINEER does not
assume responsibility for methods or appliances used by contractor, for contractor's safety programs
or methods, orfor contractors' compliance with laws and regulations, CITY shall use its best efforts to
ensure that the construction contract requires that the contractor(s) indemnify and name CITY, the CITY's
and the ENG|NEER'soffioers, principals, employees, agents, representatives, and engineers asadditional
insureds on contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
67 SUBSURFACE INVESTIGATIONS: |nsoils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive tespoints and sample intervals and at
locations other than where observation, exploration, and investigations have been made. Because of the
inherent uncertainties in subsurface evaluations, changed orunanticipated underground conditions may
occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects
are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable and
appropriate standard nfprofessional cae'thomu8hnessand/udgmentinperformingsuchinveytigations.
SECTION PROJECT SCHEDULE AND BUDGET
71 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall
be as set forth in this Agreement and attached Exhibits. The project schedule and performance dates for
the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen (15) days after
execution of this Agreement. The performance dates and budgets for tasks may be modified only upon
written agreement ufthe parties hereto. The performance date for tasks and the completion date for the
entire PROJECT shall not be extended, nor the budget increased because of any unwarranted delays
attributable to the ENGINEER, but may be extended or increased by the CITY in the event of a delay caused
by special services requested by the CITY or because of unavoidable delay caused by any governmental
action or other conditions beyond the control of the ENGINEER which could not be reasonably anticipated
or avoided.
72 Not later than the tenth (loth ) day ofeach calendar month during the performance ofthe PROJECT, the
ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a written narrative
description of the WORK accomplished bythe ENGINEER and subconsultants on each task, indicating a good
faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral
or written reports shall be prepared at the CITY's request for presentation to other governmental agencies
and/or tothe public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products nfthe ENGINEER are instruments orserviosofthbPKO]ECT There shall beno
reuse, change, or alteration by the CITY or others acting through or on behalf of the CITY without written
permission of the ENGINEER, which shall not be unreasonably withheld and will be at the CITY's sole risk.
The CITY agrees to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated
corporations from all claims, damages, losses, and costs including, but not limited to, litigation expenses
and mttorney'sfees arising out ufor related to such unauthorized muse, change, or alteration; provided,
however, that the ENGINEER will not be indemnified for such claims, damages, losses, and costs including,
without limitation, litigation expenses and attorney fees if they were caused by the ENG|NBR's own
negligent acts oromissions.
82 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer programs,
technical reports, operating manuals, calculations, notes, and other WORK submitted orwhimhare specified
to be delivered under this Agreement or which are developed or produced and paid for under this
83 All rights tnpatents, trademarks, copyrights, and trade secrets owned byENGINEER (hereinafter "Intellectual
Property") as well as any modifications, updates or enhancements to said Intellectual Property during the
performance of the WORK remain the property of ENGINEER, and ENGINEER does not grant CITY any right or
license tnsuch Intellectual Property.
SECTION AUDIT AND ACCESS TORECORDS
9.1 The ENG|NEEn�including its subcnnsuhants, shall maintain books, records, documents and other evidence
directly pertinent to performance of the WORK under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied. The CITY, or the [|TY's duly authorized
representative, shall have access tosuch books, records, documents, and other evidence for inspection,
audit, and copying fora period of three years after completion of the PROJECT. The CITY shall also have
access to such books, records, and documents during the performance of the PROJECT WORK, if deemed
necessary bythe CITY, toverify the ENG|NEER'sWORK and invoices.
92 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards
and established procedures and guidelines of the reviewing or auditing agency.
93 The ENGINEER agrees tothe disclosure of all information and reports resulting from access to records
pursuantto this section provided that the ENGINEER is afforded the opportunity for an audit exit conference
and an opportunity to comment and submit any supporting documentation on the pertinent portions of
the draft audit report and that the final audit report will include ENGINEER's written comments, if any.
9/4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on
the Project.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated
shall bereimbursed tothe CITY.
SECTION 10 INSURANCE
10.1 At all times during performance of the WORK, ENGINEER shall secure and maintain in effect insurance to
protect the CITY and the ENGINEER from and against all claims, damages, losses, and expenses arising out
of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force
insurance in limits no less than those stated below, as applicable. The [R7 reserves the right to require
higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries higher
coverage limits than the limits stated below, such higher limits shall beshown nnthe Certificate ofInsurance
and Endorsements and ENGINEER shall be named as an additional insured for such higher limits.
10.1.1 Commercial General Liability Insurance. Before this Agreement iofully executed bythe parties,
ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial liability insurance and
commercial umbrella liability insurance with mtota| liability limit ufthe limits required inthe policy, subject tn
minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and
property damage, and Two Million Dollars ($2,00O,000.00)general aggregate. The certificate shall clearly
state who the provider is, the coverage amount, the policy number, and when the policy and provisions
provided are ineffect. Said policy shall beineffect for the duration ofthis Agreement. The policy shall name
the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds.
The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days
prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in
Best'sGuide and admitted inthe State nfWashington.
10.1J. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Agreement isfully executed by the parties,
ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial
automobile liability insurance and commercial umbrella liability insurance with otota| liability
limit ofthe limits required in the policy, subject to minimum limits of One Million Dollars
($1,000000.00 per occurrence combined single limit bodily injury and property
damage. Automobile liability will apply to "Any Auto" and be shown on the certificate.
b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability"
will be required and may beadded tothe commercial liability coverage mtthe same limits as
required in that section of this Agreement, which is Section 10.1.1 entitled "Commercial General
Liability Insurance".
C. Under either situation described above in Section 10.1.2.o. and Section 10.1.2.b, the
required certificate of insurance shall clearly state who the provider is, the coverage amount,
the policy number, and when the policy and provisions provided are in effect. Said policy shall
beineffect for the duration ufthis Agreement. The policy shall name the CITY, its elected and
appointed officials, officers, agents, employees, and volunteers osadditional insureds. The
insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar
days prior written notice. The insurance shall bewith oninsurance company orcompanies rated
A-VUorhigher inBest'uGuide and admitted inthe State ofWashington.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state law.
1014. Professional Liability Coverage. Before this Contract is fully executed by the parties, ENGINEER
shall provide the City with o certificate of insurance as proof nfprofessional liability coverage
with a total liability limit of the limits required in the policy, subject to minimum limits of Two
Million Dollars ($2'000,000.00) per claim, and Two Million Dollars ($2'000'000.00)
aggregate. The certificate shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are ineffect. Said policy shall bein
effect for the duration of this Contract. The insured shall not cancel or change the insurance
without first giving the CITY thirty (]0) calendar days prior written notice. The insurance shall
be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is
written on a claims made basis the coverage will continue inforce for an additional two years
after the completion of this contract.
Failure ofeither o/all ofthe additional insureds tnreport aclaim under such insurance shall not
prejudice the rights ofthe CITY, its elected and appointed officials, officers, employees, agents,
and representatives thee under. The COY and the OTY's elected and appointed officials,
officers, principals, employees, representatives, and agents shall have no obligation for payment
of premiums because of being named as additional insureds under such insurance. None ofthe
policies issued pursuant tothe requirements contained herein shall be canceled, allowed to
expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after
written notice to the CITY of such intended cancellation, expiration or change.
SECTION 1z SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion
11.2 Any subconsu I tants or sub contractors to the ENG IN EER uti I ized on this PROJECT, including any substitutions
thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably withheld. Each
subcontract shall besubject toreview bythe CnY'sRepresentative, ifrequested, prior tothe subconsu|tent
or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the |eOu|
form or content of such subcontract. The ENGINEER shall be responsible for the architectural and
engineering performance, acts, and omissions of all persons and firms performing subcontract WORK.
113 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the purpose of
completing this Agreement.
11/4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by
subconsultants and subcontractors during the preceding month and copies of all invoices thereto.
SECTION 12 ASSIGNMENT
12.1 This Agreement is bin�dingonthe heirs, successors and assigns nfthe parties hereto. This Agreement may
not be assigned by CITY or ENGINEER without prior written consent of the other, which consent will not be
unreasonably withheld. Itbexpressly intended and agreed that nnthird party beneficiaries are created by
this Agreement, and thatthe rights and remedies provided herein shall inure only to the benefit of the parties
to this Agreement.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters contained
herein. Noprior oral orwritten understandingshaUbeofanyfurceoreffect*ithnspecttothcoemotteo
covered herein. This Agreement may not be modified or altered except in writing signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this
Agreement isfound toconflict with applicable laws, such part shall be inoperative, null, and void insofar as
it conflicts with said |ao4 but the remainder nfthis Agreement shall he in full force and effect. Venue for
all disputes arising under this Agreement shall lie in e court ofcompetent jurisdiction in Yakima County,
Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and subcontractors
shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis
of age, sex, moa creed, religion, color, national origin, marital status, disability, honorably discharged
veteran or military status, pregnancy, sexual orientation, and any other classification protected under
federal, state, or local law. This provision shall include but not be limited tnthe following: employment,
upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms
of compensation, selection for training' and the provision of services under this Agreement. ENGINEER
agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OrWORK
161 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen
circumstances beyond ENGINEER's control are interfering with normal progress of the WORK. ENGINEER may
suspend WORK on the PROJECT in the event CITY does not pay invoices when due, except where otherwise
provided by this Agreement. The time for completion of the WORK shall be extended by the number of days
WORK is suspended. If the period of suspension exceeds ninety (90) days' the terms of this Agreement are
subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion
ofProject inaccordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in vvhn|e or in part, if the other party materially breaches its
obligations under this Agreement and is in default through no fault of the terminating party. However, no
such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar
days written noticeddkeredbyoerUfiedmai|,retomreceiptnequested'ofintenttotenninme;and(2)an
opportunity for consultation and for cure with the terminating party before termination. Notice shall be
considered issued within seventy-two (72) hours nfmailing by certified mail to the place of business of
either party as set forth inthis Agreement.
172 In addition to termination under subsection 17.1 of this Section, CITY may terminate this Agreement for its
convenience, in vvhn|e or in part, provided the ENGINEER is given: (l) not less than fifteen (15) calendar
days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an
opportunity for consultation with CITY before the effective termination date.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price pursuant to
the Agreement shall be made, but noamount shall be allowed for anticipated profit on unperformed
services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be
adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of
the ENGINEER'S breach. In such event, CITY shall consider the amount of WORK originally required which
was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is
usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself
orofemploying another firm to complete it. Under no circumstances shall payments made under this
provision exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any and
all damages, costs, and expenses whether directly, indirectly, nrconsequentially caused by said default.
This provision shall not preclude CITY from filing claims and/or commencing litigation to secure
compensation for damages incurred beyond that covered by contract petainugo or other withheld
payments.
17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience, the
a�ustment pursuant to the Agreement shall include payment for services satisfactorily performed to the
date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating
tncommitments which had become firm before the termination, unless CITY determines ioassume said
commitments.
17.5 Upon receipt ofmtermination notice under subsections l7.1orl7.2above, the ENGINEER shall (1)promptly
discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make
available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries,
and such other information, documents, and materials asthe ENGINEER orits subonnsu|mnts may have
accumulated or prepared in performing this Agreement, whether completed or in progress, with the
ENGINEER retaining copies nfthe same.
17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to
completion utilizing other qualified firms or individuals; provided,the ENGINEERshall have no responsibility
to prosecute further WORK thereon.
17J If, after termination for failure of the ENGINEER to fulfill contractual obligations, itbdetermined that the
ENGINEER has not so failed, the termination shall be deemed to have been effected for the convenience of
CITY. In such event, the adjustment pursuant tothe Agreement shall be determined asset forth in
subparagraph 17.4ofthis Section.
17.8 If, because of death, unavailability orany other occurrence, it becomes impossible for any key personnel
employed by the ENGINEER in PROJECT WORK or for any corporate officer of the ENGINEER to render his
services tothe PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance
under this Agreement without the concurrence and written approval ofCITY. |fCITY agrees totermination
of this Agreement under this provision, payment shall be mode as set forth in subparagraph 173 of this
Section.
SECTION 18 DISPUTE RESOLUTION
18.1 |nthe event that any dispute shall arise as to the interpretation orperformance of this Agreement, orin
the event of a notice of default as to whether such default does constitute a breach of the contract, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as
umeans toresolve the dispute. |fneither nfthe afore mentioned methods are successful then any dispute
relating to this Agreement shall be decided in the courts of Yakima County, in accordance with SECTION 14.
If both parties consent in writing, other available means of dispute resolution may be implemented.
SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party atthe
address set forth below. Notice shall be considered issued and effective upon receipt thereof hythe
addreoee'pa/ty\orseventy-two(72)houoaftermai|ingbyoartifiedmui|tothep|aceofbusinesyyetforth
below, whichever isearlier.
CITY: City of Yakima
Attn: Randy [Ne|oy,PE, Surface Water Engineer
ZZ2OEast Viola Ave.
Yakima, WA 98901
ENGINEER: Osborn Consulting, Inc. (OO)
Attn: Aimee NovicN*Brasch,PE, Engineering Manager
1OlSStevens St. Suite 1O]
Spokane, VVA99201
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective
[City Manager]
Printed Name: Robert Harrison
Title:
Date:
Atte
City Manager
City Clerk
CITY CONTRACT Ma° 655
RESOLUTION NO:
OSBORN CONSULTING, INC.
Signature
Printed Name: Laura Ruppert, PE
Title: Vice President
Date:
Page 12
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Robert Harrison is the person who appeared before me, and
said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the
instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated: 5
1r
Seal or Stamp
(Signature)
Title `t
Printed Name
My commission expires: .
Page 13
STATE OF WASHINGTON
) ss.
KING COUNTY
I certify that I know or have satisfactory evidence that is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, (3n oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the ) Vs of
D t-41fliftk o;be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated:
Seal or Stamp
0T804,
199981
0,90
094
WAS
Printed Name
My commission expires:
Page 14
SCOPE OF WORK
Project:�=
PRIME Consultant:
Car Wash Wastewater Management Education and Outreach Effectiveness Study
Osborn Consulting, Inc.
Contract No.:
Background
Perthe2O19'2024EVVAPhaseUW1S4pennit,theCityofYakinnahastxvorequirements1hatfmcuson
evaluating the effectiveness of their stormwater management program. These requirements include:
l. ��Lb. Education and Outreach (E&O)-Permitteeuare required to measure the
understanding and adoption of a targeted behavior for at least one target audience in at leastone
subject area. Results will hcused todirect E&Oresources most effectively amwell aotuevaluate
changes inadoption ofthe targeted behaviors.
2. S0'A, Monitoring and Ammemsmment- peromd1cea are required toevaluate the effectiveness of their
permit required stormwater management program activities or best management practices
(BMpa)and recommended future actions based oothe findings.
The City of Yakima proposes to meet both requirements through one study. Specifically, evaluate the
effectiveness of a new education program that informs the public about proper car washing techniques
to prevent runoff from entering storm drains and discharging to receiving water bodies. Results from the
study will be used to recommend improvements to the new E&O program and direct E&O resources
most effectively. This study will generally include:
• Task�. & quality assurance projectplan ([V\PP)will hedeveloped
which the outlines the study design including the tucQct audience, data collection and analysis
methods, and reporting requirements.
• Tlask 3. Develop and —AnE&OprngrumvvUibedevc|opedinhoth
English and Spanish that includes a slogan, brochures, and video. The program will be
innp|oznecded by distributing E&[] materials through nnubip|u mnodiva including the rneii uooiu\
media, the City p/cbxiU:, etc.
• e study will bcconducted hysurveying the target audience through
the same media as the E&O program. The survey will be released before and after the E8i0
program is launched, responses will be compared to evaluate the impact of the E8L(]program ou
the target audience.
• '[ask 5_Tecb/1ca|Advisory LGroup /(TAG) —ATAG will bcconvened and managed toprovide
input throughout the study.
• �a#&6/\summary ofthe fiodinAmalong with recommendations for
future uodou will be uunuomuriood for the City Annual Report, into a Fact Sheet, and in u
Technical Evaluation Report.
l7mmk 1. Project Management
'
Objective: This task covers the management, administration, and coordination of the work by the
Consultant as defined in this Contract including project management, preparation of monthly invoices,
project schedule maintenance, and overall coordination with the City.
Consultant Services
Setup and Close out the consultant contract.
Coordinate and manage the project teumiutbomocoemefb|uonophtbnnoftbctasksinthimmuope.
Prepare and electronically submit invoices with attached status reports describing the following:
Services completed during the billing cycle
Services planned for next billing cycle
8copo/Sobedule/Budgctissues, ifapplicable
Schedule update and financial status summary
The ()ClProject Manager will prepare for and participate inseven (7))-hour project coondiuo1iuo
nncctiuAo with the client. Each oncctiug ioo|udno 2-bourofpreparation time for developing
meeting agendas, meeting notes, and action items.
Develop and manage aOue[)dvosite for sharing project docunnen1o.
Developing amendments tothis contract if needed.
Wchave budgeted l25hours for this task.
Client Responsibilities
Use its best efforts to process payment of invoices within 3Ocalendar days of invoice.
Review and process contract change requests and amendments, if needed.
Review projectdc|herub)eouudpnvkdmonocoouolidatcd|imtofruvievvooromnuodoforConmukunt
within |4calendar days.
Assumptions
The project duration will bel2months starting after the contract ioexecuted.
Progress reports and invoices will only bo prepared when the work conducted since the previous
billing exceeds $1,5U0.
Invoices will be the Consultant standard invoice format.
Meeting notes will hoinabu\letcdformat and only include key decisions.
Deliverables
Monthly Invoices and 3tu1uu Report (onooi|cdtoclient in 9DF fbrooud.'
Meeting agendas and meeting notes (enoui|edtothe client)
Task 2. Develop Study Design
Objective: This task focuses on developing the Brief Study Description, Detailed Study Design Proposal
(Proposal), and Quality Assurance Project Plan (QAPP); developing a presentation of the Proposal and
Plan contents; responding to the TAG and Ecology comments; and incorporating comments into the final
documents.
Consultant Services
Brief Study Description
Develop a draft brief study description that includes a list of project participants and each
participant's role.
Respond to TAG and Ecology comments on the draft.
Revised draft to include Ecology and TAG comments.
We have budgeted 8-hours for this work.
Detailed Study Design Proposal (Proposal) Development
Develop the content for the Proposal sections of the Eastern Washington Effectiveness Study
Education BMP QAPP Template which includes: Background, Project Overview,
Organization and Schedule, Experimental Design (partial), and Data Analysis (partial).
Develop a power point presentation that highlights the proposal content which will be
presented to Ecology and the TAG at TAG Meeting #2.
Respond to TAG and Ecology comments on the presentation.
Revised draft Proposal to include Ecology and TAG comments if necessary.
We have budgeted 88-hours for this work.
Quality Assurance Project Plan (QAPP) Development
Develop the draft content for the QAPP sections of the Eastern Washington Effectiveness
Study Education BMP QAPP Template not completed as part of the Proposal
development including: Executive Summary, Data Quality Objectives, Experimental
Design, Instrument Design and Development, Quality Control, Data Management
Procedures, Audits, Data Verification and Usability Assessment, Data Analysis, and
Reporting.
Respond to Ecology and TAG comments on the draft QAPP.
Revised draft QAPP to include Ecology and TAG comments.
For this subtask we have budgeted 166-hours.
Client Responsibilities
The City is responsible for submitting all documents to Ecology.
Assumptions
Ecology requires a both the Proposal and QAPP be completed and submitted to Ecology. Since the
Proposal is part of the QAPP, to expedite the process only the QAPP will be submitted to
Ecology. In lieu of submitting the Proposal, OCI will present the contents of the proposal to
Ecology during TAG Meeting #2 and incorporate comments from Ecology during the
presentation into the draft QAPP before submitting the document to Ecology for review.
Hours for presenting the power point presentation are included in Task 6 for TAG Meeting #2.
Revisions provided by the Client and/or TAG will be consolidated in one document and limited to
one iteration of changes/revisions.
OCI will provide a QC review of documents before the final version is submitted to Ecology.
Deliverables
Proposal Power Point Presentation (Power Point Presentation emailed to Client)
Draft and Final Quality Assurance Project Plan (Word and PDF version emailed to Client)
Responses to TAG and Ecology Comments in a Table Format (Excel version emailed to Client)
Task 3. Develop and Implement Education and Outreach Program
Objective: An E&O program will be developed in both English and Spanish that includes a slogan with an
icon and a brochure. The program will be implemented by distributing E&O materials through multiple
medias including the mail, social media, the City website, etc.
Consultant Services
Slogan and Icon
Coordinate with the TAG to develop a slogan and icon (symbol) for the E&O program that
could be used on stickers or other educational materials.
Respond to Ecology and TAG comments on the draft version.
Revise draft to include Ecology and TAG comments.
For this subtask we have budgeted 36-hours.
Brochure
Develop a 2-page (8-1/2 xl 1, front and back) brochure that educates the target audience
regarding potential impacts from car wash wastewater on receiving waters as well
methods for avoiding, minimizing, reducing, and/or eliminating the adverse impacts of
these discharges on receiving waters.
Respond to Ecology and TAG comments on the draft version.
Revise draft to include Ecology and TAG comments.
For this subtask we have budgeted 88-hours.
Deploy & Redeploy E&O Program
The E&O program will be deployed before survey results are collected and again after
recommendations from the completed survey have been implemented. This is expected to
include:
Develop announcements about the E&O program that will be posted on websites
and social media.
For this work we have budgeted 30-hours.
Revise E&O Program
Based on the study recommendations, the E&O program will be revised to incorporate
recommendations from the study.
We have budgeted up to $4,000 for this work.
Client Responsibilities
The City is responsible for printing and distributing all hard copies of the E&O materials to the target
audience.
The City is responsible for uploading electronic copies of the documents to their website and social
media sites.
Assumptions
All E&O materials will be developed in both English and Spanish.
Comments provided by the City and/or TAG will be consolidated in one document and revisions to
deliverables will be limited to one iteration.
All updates to the City website will be made by City communications staff with materials provided by
the consultant team.
Announcements will include 3 social media posts for the Pre -Survey and 3 for the Post -Survey with
accompanying graphics formatted for social media platforms used by the City (Twitter,
Facebook) and meeting the City's Social Media Policy guidelines. The City will coordinate
posting materials through their accounts.
Deliverables
Draft and Final Slogan (InDesign File PDF format emailed to Client)
Draft and Final Brochure (PDF format emailed to Client)
Public Relations (PR) package of deployment materials (social media posts, graphics, website text,
and press release) in Word or .PDF format
Task 4. Conduct Study
Objective: The study will be conducted by validating the survey in the QAPP, surveying the target
audience through the same media as the E&O program. The survey will be released before and after the
E&O program is launched, responses will be compared to evaluate the impact of the E&O program on
the target audience.
Consultant Services
Survey Deployment
Validate the survey from the QAPP through pilot testing.
Convert the validated survey questions to an electronic format using Survey Monkey (or
similar free online survey tool).
Develop public relations announcements (text and graphics) for the online survey that can be
posted on social media and/or the City website.
We have budgeted 82 hours for this subtask.
Data Analysis and Report Data
Collect, manage, and analyze the data according to the procedures outlined in the Ecology
approved QAPP. This is expected to include:
Responses to survey questions will be compiled following the data management
procedures outlined in the QAPP.
Verify the results and evaluate the usability of the data following the data verification
and data usability procedures defined in the QAPP.
Analyze the data according to the data analysis methods outlined in the QAPP.
Synthesize the results into tables and figures
We have budgeted 174-hours for this work.
Client Responsibilities
The City is responsible for posting online announcements for the survey on their website and social
media sites.
Assumptions
The survey will be developed in both English and Spanish.
The survey will consist of approximately 8-10 questions which can be completed by the target
audience in approximately 5 to 10-minutes.
The study location is the City of Yakima.
All deliverables will be electronic submitted to the client via email and/or a link to a project One
Drive site.
Pilot testing the survey will be conducted by the Consultant, City Staff, and the TAG.
Announcements will include 3 social media posts for the Pre -Survey and 3 for the Post -Survey with
accompanying graphics formatted for social media platforms used by the City (Twitter,
Facebook) and meeting the City's Social Media Policy guidelines. The City will coordinate
posting materials through their accounts.
Revisions provided by the City and/or TAG will be consolidated in one document and limited to one
iteration of changes/revisions.
Deliverables
Pilot Test Results (Word and PDF version included in the TER)
Online Pre and Post Survey Links (electronic version)
Tables/Graphics Summarizing Data Collected (Word and PDP version included in the TER)
Public Relations (PR) package of deployment materials (social media posts, graphics, v/ebobctes1
and press release) in Word or PDF format
Task 5. Manage Technical Advisory Group
Objective: Manage the TAG for four meetings and coordination on data verification and audits;
developing, deploying, analyzing, and synthesizing the survey results; developing, conducting, analyzing,
and synthesizing interview results; developing the final technical evaluation report; and developing the
study fact sheet.
Consultant Services
Manage Technical Advisory Group (TAG)
The TAG will consist primarilyofperozbtecawho have elected toboa participating entity for
this study, City of Yakima Staff, and Ecology for approximately 8members. OCl`owork
outhis task iaexpected tuinclude:
Meotings- [>Cl will uobcdu|c, prepare for, and nueuugc four 2-bou,presentation style
meetings for the purpose ofreviewing the project otutuuundvvodkcnmnp\ctcuud
collecting comments from the TAG outhe study documents.
Meeting preparation and follow-up work includes preparing fbur(4) power point
presentations, developing ucomment form (tuh|e format), and distributing
electronic copies ofdocuments tothe TAG.
Following the TAG meetings inwhich comments are collected, OCl will address the
comments into utable format, and incorporate TAG comments iuthe project
deliverables.
For this work vvchave budgeted 146-huuro.
TAG Audits, Data Verification, Document Review — OCI will coordinate with TAG
member(s) who will serve as the lead auditor and lead data verifier. This is expected to
The TAG Member will conduct audits, verify the data from the
survey and interview, verify the standard operating procedures (SOPa)were
followed, verify the coding ofdata from the iutcrvicvvo" and verify the data
management and 0Cprocedures were followed.
(}C)mwill develop uoaudit and data verification checklist, respond 1oTAG
comments for this work, and if needed correct anomalies the TAG identified
during the audit and/or data verification.
The results of the audits and data verification will be synthesized by OCI in the
Technical Evaluation Report.
For this work wohave budgeted 80-bou,o.
Client Responsibilities
The City will participate inTAG meetings.
� ��mmumm �
� onm
Revisions provided by the City and/or TAG will be consolidated in one document and limited to one
iteration of changes/revisions.
Hours for addressing TAG comments have been included in the specific Tasks with deliverables.
Deliverables
Meeting Agendas, Power Point Presentation, and Action Items
Audit and Data Verification Forms (Excel and PDF versions; included in the QAPP)
Completed Audit and Data Verification Forms (Excel and PDF versions; included in the TER)
Task 6. Report Study Findings
Objective: Develop a summary of the findings along with recommendations for future action which will
be summarized for the City's Annual Report, into a Fact Sheet, and in a Technical Evaluation Report.
Consultant Services
Technical Evaluation Report (TER)
OCI will develop a Technical Evaluation Report (TER) as defined in the QAPP. The work
associated with this task is expected to include:
Develop a TER summarizing the study results and recommendations for future
actions based on the findings of the study. The TER will contain the contents
outlined in the study QAPP which is expected to include: a cover letter, executive
summary, data summaries and analysis, discussion, conclusions, future action
recommendations, and appendices.
The following content from the Ecology Approved QAPP will be used in the TER
without modification: Introduction, Technology Description, and Sampling
Procedures.
The appendices will include the raw data collected and results from the survey and
interview.
Respond to Ecology and TAG comments on the draft QAPP.
Revised draft QAPP to address Ecology and TAG comments.
For this work we have budgeted 140-hours.
Fact Sheet
Develop a 4-page fact sheet as defined in the QAPP. The fact sheet will provide an overview
of the study, results, conclusions, and recommendations.
The fact sheet will be developed in Spanish and English.
Respond to Ecology and TAG comments on the draft Fact Sheet.
Revised draft Fact Sheet to address Ecology and TAG comments.
We have budgeted 73 hours for this task.
Annual Report
Develop a write up about the stud for the City and TAG annual reports. This is expected to
include an overview of the study, work complete, results, and recommendations.
Respond to TAG comments on the draft.
Revised draft to address TAG comments.
We have budgeted 8 hours for this task.
Client Responsibilities
The City is responsible for submitting the Proposal, QAPP, TER, and Fact Sheet to Ecology.
The City is responsible for posting the Fact Sheet on their website.
Assumptions
All deliverables will be electronic submitted to the client via email and/or a link to a project One
Drive site.
Deliverables
Draft and Final TER (Word and PDF version emailed to the Client)
Draft and Final Fact Sheet (Word and PDF version emailed to the Client)
Draft and Final Annual Report Write up (Word and PDF version emailed to the Client)
Schedule
The proposed project time is summarized in Table 1 and further detailed in Table 2.
Table 1. Proposed Project Timeline
Task
1
2
3
Project Management
Develop Study Design
Develop and Implement Education and Outreach Program
Timeline
Entire Project
Mar-21 to Jun-21
Mar-2 1 to Aug-2 1
4
5
6
Conduct Study
Manage Technical Advisory Group
Report Study Findings
Mar-21 to Nov-21
Mar-21 to Dec-21
Nov-21 to Mar-22
TABLE 2 - PROPOSED PROJECT SCHEDULE
Task
Task Description
Project Settle/Closeout
Project Schedule Management
Client Meetings
Invoicing / Status Reporting
r 2 1142$120 Itttd?
Draft & Final Brief Study Description
TAG Review
Draft Proposal
Ecology & TAG Proposal Presentation
Draft QAPP
TAG Review
Ecology Review (ER)
Final QAPP
Draft & Final Slogan
TAG Review (TG)
Draft & Final Brochure
TAG Review (TG)
Outline Video
TAG Review (TG)
Draft & Final Video
TAG Review (TG)
Deploy E&O Program
Modify & Reploy E&O Program
Survey Development
Pilot Test Survey
Deploy Pre -Survey
DeployPosOSurvev
Data Analysis & Management
Audits & Data Verification
Report Data - Graphs/Figures/Tables
Assemble TAG
TAG Meetiny 1
TAG Meetin12
TAG Meeting 3
TAG Meeting 4
Draft
Final Annual Repor
Draft & Final Fact Sheet
TAG Review (TG)
Draft Technical Evaluation Report
TAG Review (TG)
_Ecology Review (ER)
Final Technical Evaluation Report
Red fontderatr.s permit deaMines.
Note I, Per .5Rthe Jad sheet is gyre 90 days after compie tiny 5 turfy,
Note 2. Per .5.5, al, b permitting shall Mer15(i le the ungetstbsirllog, agap barb eVaiunte changes in torgr teed behavior God use results to direct. E6Y0 resoureces MO5 t effectively,
Note 3, Per SR, the TER dc GO gays ate.s comp/brigs] 5 (tidy,
al Q2
Jan Feb Mar Apr May Jun
IIMMII Sep Oct Nov DecJan Feb Mar
.................. 1111111111111111111111111111 ,
111111
EX��»�~��� "�
�m� �� ��Q� ��K��7�
�-���=,~~,== ~�" "==m
Task Title
l
Project Management
$18,341
2
!Develop Study Design
3
Develop and Implement Education and Outreach Program
4
Conduct Study
5
Manage Technical Advisory Group
!Report Study Findings
$25,300
Total $144,754
The estimated total contract amount to complete the professional services identified in this Scope of
Services is offered on a time -and -materials basis not -to -exceed $144,754. Actual costs incurred will be
billed to the client based on a direct labor rate x 3.0 multiplier plus project related expenses. All
expenses (includes sub -consultant fees) will be billed at cost plus a 5% markup.
1
Exhibit C - Schedule of Specific Hourly Rates
Osborn Consulting, Inc.
Billing Rates
2021-2022
Classification
Multiplier 3.00
Labor Rates
2021 NTE
Billing Rate
2022 NTE
Billing Rate
Principal 234.00 $ 245.70
Project Manager / Senior QC $ 210.00 $ 220.50
$ 192.00 $ 201.60
$ 151.50 $ 159.08
$ 129.00 $ 135.45
Engineer I $ 99.00 $ 103.95
Engineering Tech $ 90.00 $ 94.50
Intern Engineer $ 75.00 $ 78.75
CADD Manager $ 153.00 $ 160.65
Senior CADD Designer $ 144.00 $ 151.20
CADD Tech $ 102.00 $ 107.10
Graphic Design $ 144.00 $ 151.20
Senior Project Accountant $ 150.00 $ 157.50
Senior Administration $ 126.00 $ 132.30 1
'
Administration $ 78.00 $ 81.90
Senior Engineer
Project Engineer
Design Engineer
* Staff to be billed using their DSC with a 3.0 multiplier. The rates shown are the max fully burdened billing rates
per classification.
Reimbursables
Item Rate
Mileage
Parking
Reproductions
Postage/Shipping
Current IRS Rate
At Cost
At Cost
At Cost
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.E.
For Meeting of: May 4, 2021
Resolution authorizing a contract with Osborn Consulting, Inc. to
provide consulting services for the 2021 Stormwater Effectiveness
Study
Scott Schafer, Director of Public Works
David Brown, Assistant Director of Public Works
Mike Price, Wastewater/Stormwater Division Manager, 249-6815
SUMMARY EXPLANATION:
This is a resolution authorizing an agreement with Osborn Consulting, Inc. to provide consulting
services for the public outreach and effectiveness study requirements of the Washington State
Department of Ecology 2019-2024 Eastern Washington Phase II Municipal Stormwater Permit
(Permit). The Permit requires the City to provide annual public outreach/education and also for
the City to begin a study in 2021 to evaluate stormwater program effectiveness in preventing
prohibited runoff from entering storm drains and discharging to receiving water bodies. The
agreement provides the necessary consulting services to fulfil both of these Permit
requirements. The consulting services include the development, management, implementation,
and reporting of both the public outreach campaign and the subsequent evaluation of the
campaign's effectiveness.
The City used the Municipal Research and Services Center (MRSC) of Washington Roster, a
statewide small works and consultants roster system in selecting Osborn Consulting, Inc. to
provide the consulting services. The terms of the agreement would be in an amount not to
exceed one hundred forty-four thousand, seven hundred and fifty-five dollars ($144,755). The
agreement with EXHIBITA— Scope of Work, EXHIBIT B — Schedule of Fees, and EXHIBIT C
— Schedule of Hourly Rates is attached for review. Funds are budgeted from Stormwater Capital
Fund 442.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
2
Adopt Resolution
ATTACHMENTS:
Description Upload Date
D Pa:solution 4/15/2[721
D Contract 4/1512a21
Type
Pa:solution
Contract