Loading...
21-094.00 Osborn Consulting: Stormwater Effectiveness Study Contract No. 21-094 AGREEMENT FOR PROFESSIONAL SERVICES Osborn Consulting Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter"City" and Osborn Consulting, hereinafter"Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services,attached as Exhibit A. A.Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom,and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31,2021,unless the time for performance is extended in writing by the Parties. Osborn Consulting-Agreement Page 1 of 8 Contract No. 21-094 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant a flat fee of$45,632,(which includes Washington State Sales Tax if any is applicable)as full compensation for everything done under this Agreement,as set forth in Exhibit A. Consultant shall not perform any extra,further,or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge,City Clerk Name:Aimee Navickis-Brasch Phone:(509)720-5000 Phone:509-867-3654 Address: 10210 East Sprague Avenue Address: 101 S. Stevens St,Suite 103 Spokane Valley,WA 99206 Spokane, WA 99201 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a Osborn Consulting-Agreement Page 2 of 8 Contract No.21-094 governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files,for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records,and to make audits of all contracts, invoices,materials,payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with Osborn Consulting-Agreement Page 3 of 8 Contract No.21-094 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4.Professional liability insurance appropriate to Consultant's profession. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence,and$2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than$2,000,000 per claim and$2,000,000 policy aggregate limit. C.Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, .the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4.Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion,procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City,offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory Osborn Consulting-Agreement Page 4 of 8 Contract No.21-094 endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law,subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,Title 51, RCW, solely for the purpose of this indemnification. This waiver has been • mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Osborn Consulting-Agreement Page 5 of 8 Contract No.21-094 Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant,for itself, its assignees,and successors in interest agrees as follows: A. Compliance with Regulations: Consultant shall comply with the federal laws set forth in subsection G of this Section 21 ("Pertinent Non-Discrimination Authorities") relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation (WSDOT), as they may be amended from time- to-time,which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: Consultant, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. C.Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials,or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D.Information and Reports:Consultant shall provide all information and reports required by the Acts,the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Consultant is in the exclusive possession of another who falls or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate,and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate,including,but not limited to: 1. withholding payments to Contractor under the Agreement until Consultant complies; and/or 2.cancelling,terminating,or suspending the Agreement,in whole or in part. Osborn Consulting-Agreement Page 6 of 8 Contract No. 21-094 F.Incorporation of Provisions:Consultant shall include the provisions of paragraphs one through six of this Section 21 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended,(prohibits discrimination based on race,creed, color,national origin,or sex); The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin,and sex); Osborn Consulting-Agreement Page 7 of 8 Contract No. 21-094 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg. at 74087 to 74100);and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.§1681 et seq.). 22. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 23.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence,clause,or phrase of this Agreement. 24.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B.Insurance Certificates The Parties have executed this Agreement this I 1-day of JUvIC ,20 21. CIT•�OF SPO E VALLEY Consultant: di 4e_ _dia-c____ Mark Calhoun,City Manager Y er B : Laura Ru�, Vice re sident Its: Authorized Representative APPROVED FORM: Office of e City Atto ey Osborn Consulting-Agreement Page 8 of 8 EXHIBIT A SCOPE OF SERVICES Project: City of Spokane Valley Education and Outreach Program Study PRIME Consultant: Osborn Consulting,Inc. Background Per the 2019-2024 EWA Phase II MS4 permit,the City of Spokane Valley has an Education and Outreach (E&O)requirement to measure the understanding and adoption of a targeted behavior. More specifically, S5.B.1.b.requires permittees to measure the understanding and adoption of a targeted behavior for at least one target audience in at least one subject area.Results will be used to direct E&O resources most effectively as well as to evaluate changes in adoption of the targeted behaviors. The City of Spokane Valley proposes to measure the adoption of targeted behaviors for the E&O program implemented by the Spokane Regional Health Department(SRHD)and City of Spokane Valley which targets businesses.This scope is written assuming the City will focus the study on a single component of the E&O program,specifically proper dumpster lid practices.This study will use surveys and observational data to measure: 1)business owners' awareness about the impact of their actions on receiving water quality,2)awareness of proper dumpster practices,and 3)adoption of the targeted behavior(e.g.,closing dumpster lids when the dumpster is not in use). Results from with study will be used to recommend future actions to improve the E&O program. Figure 1 provides a typical overview the E&O study workflow and the alignment of the steps with the Tasks in this scope of work is summarized below. • Step 1.Identify E&O Program was complete during the development of this scope of work. • Step 2.Design and Conduct Study is the focus of Task 200. • Step 3.Evaluate,Report,and Apply Results is the focus of Task 300. Figure 1.Overview of E&O Study Workflow Overview of Education and Outreach(E&O)Behavior Change Assessment/Evaluation per S5.B.1.b OSBORN CGnSULTMG ecaaowero Select One Select At Least One Summarize ,o a,a _c,..Pm.r G or Deflnei:.• . E General Public,Homeowners, •Importance of improving WQ Multimedia Approach Preferred mImpacts from SW discharges identify Approach for Distributing E&O Goal a Leachers,School-Age Children • •Methods for reducing SW impacts •Stickers,brochures,Ike rs o Overburdened Communities — .Actions to improve WQ •Television,radio,video W •Social media,websites,letters,email 2 •Illicit discharge:prevention&impacts •Classroom instruction,inspections r. E Businesses ••Proper maintenance of waste P •Dumpster/washwater management n •Chemical storage Identify Proeram Laneuaeels) Engineers,Developers,Land Use •Standards,SW site plans,TESC (•English,Other(s)(Consider Demographics) Planners,Development Review •UIC Criteria Staff,Construction Contractors •LID&BMPs •Municipal SW code requirements 1 Document Selected E&O Proeram Summarze E&0 program:what/how program c is communicated to target audience including Design&Document Study Plan ro comes of all program materals. •Goals&objectives Conduct Study-Data Collection e •Collect Data Before/After E&O Program m �' •Approach for meeting objectives '� ' FT, i Implementation o Identify Test Audience. •instruments(surveys,observations,etc.) di •Select Study Participants for measuring behavior change •Methods:online survey,interviews, •Identify Study Location •Data collection&analysis methods observations,etc. `^ •Determine Sample Size rd 1 t: i. Behaslnr Clinrce Assnament/Evaluation Before 12/31/2021 •Data Analysis:Compare Before/After Develop Final Report •Measure.Understanding of MO Goal& Do No m Recommendations •Study Plan a • adoption of the targeted behaviors Include Modifying E&O A a•Data Collected S •Develop Final Report •Recommend how to direction ongoing Program? •Behavior Change Assessment/Evaluation n F&O Program •Recommendations&Next Steps E&Oresources most effectively Yes NNW _ ,,, •Incorporate Evaluation Recommendations Task 100 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 team in the successful completion of the tasks outlined in this scope. • Prepare and electronically submit invoices with attached status reports describing the following: o Services completed during the billing cycle o Services planned for next billing cycle o Scope/Schedule/Budget issues, if applicable o Schedule update and financial status summary • The OCI Project Manager will prepare for and participate in six(6) 1-hour project coordination meetings with the client. Each meeting includes 2-hour of preparation time for developing meeting agendas and/or meeting notes. • We have budgeted 36 hours for this task. Client Responsibilities • Process payment of invoices within 30 calendar days of invoice. • Review and process contract change requests and amendments, if needed. • Review project deliverables and provide one consolidated list of review comments for Consultant within 14 calendar days. Assumptions • The project duration will be 7 months starting after the contract is executed. • Progress reports and invoices will only be prepared when the work conducted since the previous billing exceeds$1,500. • Invoices will be the Consultant standard invoice format. • Meeting notes will be in a bulleted format and only include key decisions. • The proposed schedule shown in Table 3 is draft and will be finalized once the contract is executed. Deliverables • Monthly Invoices and Status Report(emailed to client in a PDF format). • Meeting agendas and meeting notes(emailed to the client) Task 200 Evaluate E&O Program Effectiveness Objective This task focuses on OCI's work conducting the study. Specifically, document information about the target audience,develop the Study Design Description;conduct a QA/QC of the deliverables and data analysis; develop,deploy,analyze,and synthesize the survey results;and developing the final report. Consultant Services • 2.1 Summary of E&O Program o Develop a written summary of the E&O program conducted by the Spokane Regional Health District(SRHD)including the materials provided to the business,inspections conducted, frequency of visits,etc.The write up will be included in study design description.We have budgeted 8 hours for this work. • 2.2 Identify Test/Control Audience o Participant Recruitment-OCI will coordinate with the SRHD to identify participating business owners. This is expected to include: • The targeted number of participants for the survey is up to 50. • This includes developing an inventory of participants including business type and their contact information. • We have budgeted 21 hours for this task. • 2.3 Design E&O Study o Study Design Description Development-Develop a study design description.This is expected to include: • Developing the content based on the following sections of the Eastern Washington Effectiveness Study Education BMP Detailed Study Design Proposal Template: Background,Project Overview,Organization and Schedule,Experimental Design (partial),and Data Analysis(partial). • Instrument Design and Development includes developing a survey and observation checklist that are designed to meet the study goals.This includes conducting a literature search,defining procedures for validating the survey and checklist,and validating the survey and checklist through pilot testing. • Data Analysis includes defining methods(including equations)for analyzing and synthesizing the survey and observational data. • OCI will provide a QC review of the description before it is submitted to the City. • For this subtask we have budgeted 71 hours o Respond to City Comments and Coordinate with SRHD—respond to City comments on the Study Design Description and coordinate with SRHD on the study design. • For this subtask we have budgeted 16-hours. • 2.4 Conduct Study o Survey and Observational Data Collection Templates Development—OCI will develop a survey template to identify barriers and an observational data collection template using the survey questions included in the Study Design Description. The survey will be conducted immediately after the E&O program is introduced at the business to identify potential barriers to adopting targeted behaviors. The observational data collection template will be used during site visits to collect data before and after the E&O program is deployed. o Observational Data—OCI will conduct site visits to each participating business to collect observational data two separate times. The first visit will be conducted before the E&O program is introduced at the business. The second visit will be conducted sometime after the E&O program is re-introduced at the business. • We have budgeted 86 hours for this subtask. Client Responsibilities • SRHD is responsible for conducting the survey once at each participating business identified for the study. • The City is responsible for reviewing and providing comments on the Study Design Descriptions. Assumptions • The study location is the City of Spokane Valley. • SRHD will identify the potential target audience and provide OCI with names and locations of the businesses. • Mileage is included for gathering of observational data. A total of 100 miles was assumed for the budget for this study. • All deliverables will be electronic submitted to the client via email and/or a link to a project OneDrive site. • Pilot testing the survey questions will be conducted by OCI and City Staff. • This scope of work does not include coordination with a technical advisory group. • The budget assumes the survey will be conducted by SRHD staff who implement the E&O program. Deliverables • Participant Inventory(Excel Table) • Draft and Final Study Design Description(PDF) TASK 300—Apply Study Results Objective This task focuses on data analysis,reporting of findings,and application of study results. Specifically, measure the understanding and adoption of the targeted behavior;developing the final report;conducting a QA/QC of the deliverables and data analysis;and applying study results to update the existing E&O program. Consultant Services • • 3.1 Measurement of Understanding and Behavior Adoption o Analyze and Synthesize Survey and Observation Results—OCI will collect and analyze the data according to the procedures outlined in the Study Design Description.This is expected to include: • Observational data and responses to survey questions will be compiled following the procedures in the Study Design Description • Verify the results and evaluate the usability of the data following the data verification and data usability procedures defined in the Study Design Description • Analyze the data according to the data analysis methods outlined in the Study Design Description • Synthesize the results into tables and figures • For this subtask we have budgeted 44 hours. • 3.2 Report Results o Final Report-OCI will develop a final report within 60 days following completion of the study.The work associated with this task is expected to include: • Develop a final report summarizing the study results and recommendations for future actions based on the findings of the study.The final report will contain the contents outlined Table 1.The budget assumes the report will be up to 8 pages for the written report and 4 pages of tables or graphs(created as part of Subtask 2.4).The raw data and Study Design Description will be included as appendices. • We have budgeted 60 hours for this work. o OC/Audit—OCI will conduct an internal QC review of the final report prior to submitting the document to the City. We have budgeted 14 hours for this work. o Address City Comments—OCI will address City comments on the draft Final Report up to 8 hours. o Apply Study Results—incorporate recommendations into the E&O program up to$3,600. Client Responsibilities • The City is responsible for developing the content about the study for their annual report and implementing changes to the E&O program following the study. The City is responsible for reviewing and providing comments on the Study Design Descriptions. • The City is responsible for submitting the Final Report to Ecology. Assumptions • All deliverables will be electronic submitted to the client via email and/or a link to a project One Drive site. • This scope of work does not include coordination with a technical advisory group. • The following content from the Study Design Description will be used in the final report without modification:Background and Project Overview. Deliverables • Draft and Final Synthesis of Survey Results(PDF) • Draft and Final Report(PDF) Table 1. Final Report Content Section Section Name Section Content Number 1 Background This section will provide a description of the existing E&O program, the purpose of this program,and what is intended to be accomplished by the E&O program.Regulatory requirements shall be described under this section. 2 Project Overview This section will include the goal of this study,and a description and objectives intended to be met.This section will describe the target population and target behavior,as well as the location of where the study took place. 3 Methods This section will provide a summary of the data collected,how the data was collected(from Study Design Description),and an outline of how the E&O program was implemented. 4 Results This section will summarize the results of the survey and observational data collected during the study. 5 Recommendations This section will summarize recommendations for improvement of the E&O Program implemented during the study. Exhibit B Schedule for the Work The proposed project time is summarized in Table 2 and further detailed in Table 3. Table 2.Proposed Project Timeline Task Task Title Timeline 1 Project Management June-21 to Dec-21 2 Evaluate E&O Program Effectiveness June-21 to Sept-21 3 Apply Study Results Oct-21 to Dec-21 Table 3.Pro•osed Project Schedule Calendar Year 2021 & Quarter Q2 Q3 Q4 Task and Deliverables 1 1 A SOND Task 1. Project Management 1.1 Project Schedule Maintenance 1.2 Project Status Reports 1.3 Client Check-In Meetings Task 2. Evaluate Program Effectiveness 2.1 Summarize E&O Program 2.2 Identify Test/Control Audience 2.3 Design Effectiveness Study 2.2.1 Study Design Description City Review 2.4 Conduct Study—Data Collection 2.3.1 Survey Target Audience 2.3.1 Conduct Observational Visits Task 3. Apply Study Results 3.1 Measure Understanding and Adoption 3.2 Report Results& Recommendations Final Report City Review Exhibit C Consultant Labor Costs and Non-Salary Reimbursable Costs 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$45,632. 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. Exhibit D(Table 4)provides a summary of the contract fees by task. Exhibit D Budget for Each Task Table 4.Summary of Fees by Task Task Task Title Fees 1 Project Management $5,720 2 Evaluate E&O Program Effectiveness $20,713 3 Apply Study Results $19,198 Total $45,632 • A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 06/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Rands Bear Guide Insurance Services, Inc. P.O. Box 473 (A/PHONE No.Ext): (360) 354-2200 FAX P.O. (360) 933-4145 E-MAIL Lyndon WA 98264 ADDRESS: Kandib®guideinsuranceservices.com INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:The Travelers Casualty Company 41769 INSURED (425) 451-4009 INSURER B:The Ohio Casualty Insurance Co 24074 Osborn Consulting Inc. INSURERC:Ohio Security Insurance Compan 24082 1800 112th Ave Ne Ste 220e INSURERD: Bellevue WA 98004 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 5102 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W /Y LIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DDYYY) B x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR Y Y BZ059038638 07/28/2020 07/28/2021 PREMISESO(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) C X ANY AUTO Y Y BAS59038638 07/28/2020 07/28/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLALIAB X OCCUR Y Y US059038638 07/28/2020 07/28/2021 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ 1,000,000 WORKEB AND EMPLOYERS' YERS'LIATIONILIT Y/N BZ059038638 07/28/2020 07/28/2021 STATUTE X EPER RH- ANDEMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE N/A WA STOP GAP E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liability 106565360 07/28/2020 07/28/2021Limit-Each Claim $ 2,000,000 Limit-Aggregate $ 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Project: City of Spokane Valley Education and Outreach Program Study Additional Insured & Waiver of Subrogation, as applicable by written contract per forms: Businessowners Liability Extension Endorsement BP 79 96 09 16 Waiver of Transfer of Rights of Recovery Against Others to Us BP 04 97 01 06 Primary and NonContributory-Other Insurance Condition BP 14 88 07 13 Business Auto Coverage Enhancement Endorsement AC 85 01 06 18 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley 10210 East Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1