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HomeMy WebLinkAboutAgreements/Contracts - Development ServicesGMNT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) . Development Services 2/7/2024 REQUESTING DEPARTMENT. DATE: REQUEST SUBMITTED BY:Chris Young CONTACT PERSON ATTENDINGROUNDTABLE:Same CONFIDENTIAL INFORMATION: DYES i9NO PHONE: X019 WILT J (GHa (OKALL T A" :�HA ®Agreement Contract DAP Vouchers DAppointment Reappointment DARPA Related - R Bids / RFPs / Quotes Award 013id Opening Scheduled El Boards / Committees =7 Budget DComputer Related OCounty Code M- Emergency Purchase M- Employee Rel. DFacilities Related R Financial 11 Funds 1:1 Hearing D Invoices I Purchase Orders []Grants - Fed/State/County 01 -eases EIMCA / MOU DMinutes F�Ordinances F�Out of State Travel El Petty Cash E]Policies OProclamations ® Request for Purchase El Resolution El Recommendation ElProfessional Serv/Consultant 0Support Letter E]Surplus Req. D.Tax Levies DThank You's DTax Title Property OWSLCB DATIE E OF ACTION: ;' ' 13 'd- DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D1: J-tP D2: D3,. RE-CEIVED FEB 0 7 2024 GRANT CO[JNPf COMISSIOINERS GRANT COUNTY DEVELOPMENT SERVICES P.O. BOX 37 - 264 WEST DIVISION AVENUE EPHRATA, WA 98823 (509) 754-201 1 ExT 3001 TO: Board of county Commissioners FROM: Chris Young,. Director of Development Services TOPIC: Ardurra Group Consultant Contract DATE: February 7, 2024 CC: Jim Anderson -Cook, Deputy Director A memorandum was presented to the Board, which was discussed during Development Service monthly update, regarding the proposed initiative for the Shrubsteppe Mitigation Banking Program. This initiative requires a budget amendment since this was not part of the 2024 budget, however, a funding plan was also presented during the discussion. The cost of the program is $1 08,988.00 with a recommended contingency of $21,797.60 for a total budget amendment request of $130,785.60. It was also mentioned during this meeting that a financial form must accompany the consent agenda item, which I have attempted to obtain/locate, to no avail. Hopefully, this form and/or process can be completed subsequent to this request. The Contract for Consultant services was reviewed and approved by the Prosecuting Attorney's Office; however, the insurance requirements (amounts) were not. After reviewing many recently approved contracts that are similar to this service contract, it would appear that the $1,000,000 is the "'standard" so we are asking that this be approved as proposed. "TO MEETCURRENT AND FUTURE NEEDS, SERVING TOGETHER WITH PUBLIC AND PRIVATE ENTITIES, WHILE FOSTERING A RESPECTFUL AND SUCCESSFUL WORK ENVIRONMENT." I FINANCIAL REQUEST Requestor Chris Young Requestor's Department Development Services Date 2/7/2024 Fund # & Dept of Request 001-.11'Planning Capital Asset Approval No Budget Extension Yes Establish/Close Fund No Cash Transfer No CAPITAL ASSET PURCHASE APPROVAL BUDGET REQUIREMENT Asset Description Additional Expense 130786 Total Purchase Expense Additional Revenue Less: Existing Approval Additional Cash Requirement, Additional Funding Source Beginning cash balance 130,786 Additional Approval Required Capital Facility Related See Memo of explanation Grant Funded Documentation BUDGET EXTENSION REQUEST Fund. Name Revenue code/s Account Description Amount Current Expe'n'se 001-000-00.10000,308000000 Beginning Fund Balance 1301785 130,785 Fund Name Expense codets Account: Description Amount Current Expense 001-111-00,0000-558604100 Professional Services 130,785 130J85 J85 CASH TRANSFER REQUEST Fund Name From Code Account Description Amount (From) Fund Name (To) Code Account Description Amount (To) FORWARD TO ACCOUNTING FOR APPROVAL - APPROVED FORMS WILL BE RETURN TO DEPT FOR SUBMISSION TO BOCC FUND CASH SUMMARY Notes: Revenue funding sources will become available as project initial investment from current expense. proceeds. Beginning Cash .9 19,962,133 Expense Bdgt (w/ame.ndments) 60,046,830 Expense Ext. Requested 130,786 Budget Hearing: Revenue Bdgt (wlamendments) 61,326A37 Resolution Required-, 1J Revenue ExtRequested (excl 308) Estimated Endine Cash 211510,y954 Reviewed By. o4l K24-025 CONTRACT THIS CONTRACT ("Contract"), entered into by and between GRANT COUNTY, duly organized and operating under and by virtue of the Constitution and the laws of the State of Washington, ("County"), and the Ardurra Group, Inc. ("Consultant"). This agreement is for the project to develop services consistent with the attached Scope of Services with budget and schedule. WHEREAS, Ardurra Group, Inc. was the successful bidder responding to the Request for Qualifications that was released and advertised by Grant County in October 2, 2023, for services to create a Shrubsteppe Mitigation Banking Program; WHEREAS, Grant County desires to contract with the Consultant to perform the services described in the Scope of Services attached to this agreement in accordance with the terms and conditions thereof; NOW THEREFOR, the parties hereby agree as follows: In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1.0 GOVERNING LAW This agreement is entered into pursuant to and under the authority granted by the laws of the State of Washington and any applicable federal laws. The provision of this agreement shall be construed to conform to those laws. The Parties agree to comply with all applicable local, state, federal laws, orders, regulations, and permits. Any action to enforce the terms of this agreement shall be in the Superior Court of Grant County. 2.0 GENERAL SCOPE OF SERVICES Consultant provides general planning, environmental review, local development regulations and permitting consulting services, undertakes and executes all assignments in accordance with presently accepted practices. 3.0 PROFESSIONAL FEES Fees for services for all professional, technical, and clerical personnel are based on the time expended on the project consistent with established hourly rates for consultants and subconsultants as expressed in Appendix A. 4.0 WARRANTY In addition to any special warranties provided elsewhere in the Contract Document and/or companion or applicable documents, the consultant warrants that all services it performs pursuant to this Contract will conform to the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. The obligations under this Section shall survive completion. Ardurra Group Inc. and GCDS Contract 1/23/2024 5.0 INVOICES Invoices for services performed will be submitted regularly. Payment will be due within 30 days of date of invoice. Interest will be added monthly to accounts in arrears at a rate of 1 %. 6.0 TAXES Fees for services and charges for reimbursable expenses are exclusive of any taxes or similar assessments now or hereinafter imposed by any Federal, State, County or other competent taxing authority (other than taxes assessed on any profit of Consultant). Any such applicable assessments are in addition to amounts otherwise referred to herein. 7.0 EARLY TERMINATION OF SERVICES The obligation to provide further services under this agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform 'in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, Consultant will be paid for all services rendered to the date of termination, all reimbursable and termination expenses. 8.0 SUCCESSORS AND ASSIGNS The County and Consultant respectively bind themselves, their partners, successors, assigns land legal representatives of such other party hereto and to partners, successors., assigns and legal representatives of such other party in respect to covenants, agreements, and obligations contained in the contract. Neither party shall assign the work without written consent of the other. If either -party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations set forth in the Contract. 9.0 NO AGENCY RELATIONSHIP Neither the Contract, nor any agreement implied therefrom, constitutes the Consultant as an agent or legal representative of the County for any purpose whatsoever, and the relationship of the Consultant to the County by reason of the Contract Document shall be that of an independent Consultant. The Consultant is not granted any express or implied right or authority to assume or create, any obligation or responsibility on behalf of or in the name of the County or to bind the County in any manner or thing whatsoever. 10.0 SURVIVAL In the event any clause or provision of this Contract shall be held to be invalid, then the remaining clauses and provisions shall nevertheless be and remain in fall force and effect. 11.0 ENTIRE AGREEMENT The Contract embodies the entire agreement between the parties, all other agreements, oral or written, are hereby merged into and superseded by the Contract. There are no other agreements which modify or affect the terms hereof. No amendment hereto shall be binding unless the terms thereof are in writing and signed by both parties. No verbal or other agreements modify or affect the Contract. 12.0 NOTICES Ardurra Group Inc. and GCDS Contract 1/23/2024 All notices which may be required pursuant to the terms hereof are to be in writing and delivered personally to the party to receive the same or mailed by regular mail, postage prepaid to the address specified adjacent to the parties' signatures. All notices shall be deemed served upon delivery thereof for three (3) days following deposit of the certified notice in the U.S. mail as required herein. 13.0 INSURANCE 1.The Consultant shall procure and maintain for the duration of this Contract, 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 the Consultant, its agents, representatives, employees of subconsultants. The Consultant shall provide a Certification of Insurance evidencing: • Automobile Liability insurance with no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and • Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to blanket contractual; products/competed operations; broad form property damage; explosion, collapse and underground, if applicable; and employer's liability. • Worker's Compensation .insurance at the limits established by the State of Washington. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. The county shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the consultant and a copy of the endorsement naming the County as additional insured shall be attached to the Certificate of Insurance. The Consultant's insurance shall be primary insurance with respect to the county and the County shall be given thirty (30) days prior written notice of any cancellation, suspension or.material change in coverage. 2. Payments Withheld. The County may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary to protect the County from loss or damage for reasons including but not limited to: • Work not in accordance with the Contract; • Reasonable evidence that the work required by the Contract cannot be completed for the unpaid balance of the contract sum; • Failure by the Consultant to perform in accordance with the Contract; or • Cost or liability that may occur to the county as the result of Consultant's fault or negligent acts or omissions. PROVIDED: In any case where part or all of the payment is going to be withheld for unsatisfactory performance, the county shall notify Consultant in accordance with RCW 39.76.011(b). 14.0 GOVERNING LAW, VENUE The performance and interpretation of the Contract Document shall be governed and interpreted in accordance with the laws of the State of Washington. Any litigation arising out of or Ardurra Group Inc. and GCDS Contract 1/23/2024 in conjunction with this Contract shall be conducted in Grant County, Washington. Ardurra Group Inc. and GCDS Contract 1/23/2024 Dated the of e h r OL H 14* CONSULTANT,,, Ar .arra Group, Inc. n at UwQ Bad s,­,­E,ai'v. mimet Sm -ices N.Maiia(Zler License No. UBI No. BOARD OF COUNTY COMMISSIONERS NT T N COUN Y. W. SHINGTON VA C( CvCr indy AC, Chair la4my'Sorae, ZlViceChair ................ .. Ro s, ember Dated the�taf 2024. Approved. as to form: Bye � Barbara G. Duerbeck Prosecuting Attorney Date: Ardurra Group Inc. and GCDS Contract 1/23/2024 attach-MOtit Sufi: -2 Project Mariager_{PM) with 12 hours, Habitat Bank Spetialist with 4 hours, and Admin 4,84t}.{7Cf € Protect Management ! Admin; arid, Client coordination, staff staff with 12 hours to perform tasks over the scheduled 12 months anticipated to complete the protect. Monthly Invoices are anti-Ipatedi existing shrubsteppe areas within the County's urban growth and 2 Inventory and mapping of Grant County*s ng pp #xravirltas PM with 6 hours, Environmental Specialist with 8 hours, Hab"stat !sank 5pecfalisi; with � 4 hours, and GIS Specialist $1p,18r�.OG unincorporated areas, symbolized by hatching or rotor coding to display estimated class and ratings, hours, Environmentat Planner with 8 hours, Geospatiat Manager with 40 hours. tip its Z WDFW working group meetings are anticipated to be field. All WDRV accompanied by a table of all shrubsteppe areas and estimated sizes, Meet with WDrYV working group currently with to be held via Teams. involved Mth restoration/methodology and recommendations for shrubsteppe habitat: meetings are anticipated credits in Grant Count and/or the proposed 3 Establish and document the estimated demand for shrubsteppe pp Y Provides PM with 4lior;rs, Environmental Specialist with 12 hours, Habitat Bank Specialist with Z Manager with 4 hours, and GIS Specialist $9,36E .00 service area through 2030 based on desktop reviows of CIPS and the formation of, and coordination with, a hours, Environmental Planner with 24 hours, Geospatiat 16 hours. tip to 2 TAG meetings are anticipated to be field. All 'TAG meetings are aritidpated Technical Adivisory Group (TAG) for the project. A narrative of forcasted shrubsteppe habitat functions that with would be impacted in a regional context will be created that identifies the anticipated impacts to shrubsteppe to be held via'`earns: habitat functions, identifying the anticoated need for mitigative replacement: -$l a Evaluate potentialg operating mitigation bank o gratin structures, associated needed changes to the Grant County Criticat Provides PM with 8 hours, EriVironmental Specialist with 6 hours, Habitat Bank Specialist with 60 8,640.0(i Areas Ordinance, and potential for external. funding sources to prepare a narrative of options for mitigation bank hours,, and Environmental Planner with 16 Hours. structure, including ownership, sponsorship, credit use and generation ratios; site protectfons options, service area and financcial obligations, with recommendations of the most preferred structure given the parameters and conditions of the region. 5 identify potential shrubsteppe mitigation sites and prepare iissocatied resource rriaps and a brief narrative for Provides PM with 8 hours, Environmental Specialist with 12 hours, Habitat Bank Specialist with 24 $2309 .00 eachotential shrubste e mitigation bank site (a minimum of three (3) sites; each aminimum of 160 acres) P lip flours, Environmental Planner with 24 hours, Suryey Manager with 24 hours, Survey Tech v4th 40 EIT Drafter 8 that describe existing cond#tions; functional lift opportunities, and existing entitlements1constrafrits. hours, tieospatial Manager with 4 hours; GIS Specialist with 16 hours, acid smith hours. - - _ 6 Conduct coordination with the County, TAG, and any other associated regulatory agencies to r€view the ( clatist Provides PM with 12 hours, Environrnenta Spa with 12 htittr ,acid Habitat Bank Specialist ST,b8f1.17t) mitigation site options, make a potential mitigation bank site selection, and prepare a list', of alt applicable with 12 hours. permits required for mitigation Dank devetdprnent and a niap of the proposed service area. Perform a review of the Grant County Critical Area Ordinance (CAO) to ensure developed banking related materials Conform with the CAO and if conformance is not possible, coordinate with County officials iii support of suggesting necessary CAO amendment to erasure development of a mitigation bank prospectus does not result in a conflict wftf; the Grant County CAL?. _.__- 7 Host an on site pre -prospectus stakeholder/agency meeting at the potential shrubsteppe riiit�gatiort bank site(s). . - s _Provides PM with 6 hours, EnvEnvironmentaltat Specialist with 8 hours, , H abitat Bank specialist with 6 Preparation for the on site meeti:ig vitt include the meeting agenda , with Attached pre=prospectus proposal hours, Environrrierrta# Planner with 16 hours, and Err Drafter with $flours: narrative and supporting resource maps outlining the mitigation banking meed, service area, and potential suitable mitigai:iort bank tite(t). . Meeting _. , 8 Prepare a summary report. capturing. deliverables 1-€x and detailing pre -prospectus Meeting d;stussions and _.. - _ .. - .. .. Provides PM with 4 hours, Environmental Specialist w#th 8 hours., Habitat tank Specialist with 9 $5,760,00 recommended next steps. The format of the summary report would provide the, frarnework for a draft mitigation hours, and Environmental Plattner with 12 (lours. bank. prospectus. .. . .. ..::.. . .. 9 Develop a mitigation bank prospectus ferrel document detailing. the steps associated with future dcve(o(rnents of . - . _ with it n _ _ ecialist With 12 hours Habitat Barth. Specialist with 40$11815160.00 Provides I�}�l with 8 hours* Environmental 5p h f i� a mitigation banking instrurnerit and eventual construction and establishment of a Shrubsteppe Mitigation Bank in hours, Environmental Planner with 40 !tours, and EIT Drafter with 8 hours. Grant County. 10 Travel expenses (300 writes per round trip @ $OV per mile). - $5767 por mile for an estimated 8 round trips egaulirig 2,400 mites associated with Task 3 (1 trip), $1,608.00 Task 5 (4 tripsl, Tisk 6, (1 trip), Task 7 (1 trip), and 'Cask 9 (1 trip). Total Estimated Time and Materials Fens for Work to be Corripleted in 2024 $108,988,00 Manager°iE Reserve (20%) for Caritingeney Items $21,797:6it Contract TOW $130,755.60 Note: This scope assumes all tasks should be cornpleti cd within a 124rriorith period. Ardurra 1717 S. Rt:isde Street, Suite 201, Spokane, WA 99224 Project: Grant County Shrubsteppe Mitigation Bank Phase t Rates of Ardurra Emalo e classification Employee Hours Rate = cost Environmental Services Manger/ Project Manager V. Barthels 70 $230.00 _ $1b,100:00 Environmental Specialist / Biologist S. Slate 80 X $190.00 $15,200.00 Environmental Planner P. Waite 140 X $130.00 = $18,200.00 GIS Manager B. Clarkston 12 X $190.00 $2,280.00 GIS Specialist B. Clawson 72 X $115.00 $8,1280.00 Survey Manager B. McCluer 24 X $165.00 - $33960-00 Survey Tech J. Penner 40 x $100.00 = $4,000.00 EiT f Drafter C. Hansen 24 X $105.00 $23520.00 Admin T. Mair 12 X $100.00 = $1;200.00 Ardurra Labor Total - $71,740.00 Rates of Habitat Bank Ennplayees: Classification Empl®yee Hours Rate Cost Mitigation Banking Specialist V. Woodward or Z. Woodward 162 X $200.00 = $32,400.00 Habitat banK Labor i otai = Subconsultant Mark-up (10%) = Travel (Mileage @ 2400 miles) _ Estimated Time and Materials Fees for Work to be Completed in Zt�24 20% Manager's Reserve for Contingency Items = Phase I Contract Total .iz,.quu.uu $3,240.00 $1,608.00 $108.V988,00 $21.4797,60 $130,785.60