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HomeMy WebLinkAboutAgreements/Contracts - Development ServicesGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Development Services REQUEST SUBMITTED BY: ,Jim Anderson -Cook CONTACT PERSON ATTENDING ROUNDTABLE: Jim Anderson -Cook CONFIDENTIAL INFORMATION: ❑YES *NO DATE: 1 /9/25 PHONE:2522 Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution El Recommendation ®Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's []Tax Title Property ❑WSLCB A Professional Services Agreement between Grant County and the Ardurra Group to create a comprehensive analysis and land inventory of Agricultural Resource Lands within Unincorporated Grant County. If necessary, was this document reviewed by accounting? ❑ YES 0 NO ❑ N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: Z,S� APPROVE: DENIED ABSTAIN D1: fire D2: D3: DEFERRED OR CONTINUED TO: WITHDRAWN: 4/23/24 K25-002 CONTRACT THIS CONTRACT ("Contract"), entered into by and between GRANT COUNTY, duly organized and operating under and by virtue of the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 on June 3, 2024, for services to create a comprehensive analysis and land inventory of agricultural resource lands within unincorporated areas of Grant County, Washington; 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, geospatial/GIS services, 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 1/14/2025 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 and 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 full 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. Ardurra Group Inc. and GCDS Contract 1 / 14/2025 12.0 NOTICES 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 I .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 39.76.01 l(b). 14.0 GOVERNING LAW, VENUE The performance and interpretation of the Contract Document shall be governed and Ardurra Group Inc. and GCDS Contract 1/14/2025 interpreted in accordance with the laws of the State of Washington. Any litigation arising out of or in conjunction with this Contract shall be conducted in Grant County, Washington. Ardurra Group Inc. and GCDS Contract 1/14/2025 Dated thee`of r- 2025. CONSULTANT: Ardurra Group, Inc. By: Digitally signed by Vincent Barthels DN: C=US, E="vbarthels@ardurra.com ", 0="Ardurra", OU=NW Vincent Barthe IS Env. Group, CN=Vincent Barthels Reason: I am approving this document Contact Info: 509-951-9564 Date: 2025.01.15 16:53:39-08'00' Vince Barthels, Environmental Services Manager License No. UBI No. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WA-WINGTON ""I I Cindy Cartk, Vice C Kevin Burgess, Nitem''ber Dated the ".*,of 2 022*5. A Faw§V=1 Barba A Vasquez Clerk of Me Board Approved as to form: By Rebekah M. Kaylor Prosecuting Attorney Date: Ardurra Group Inc. and GODS Contract If! 14112_02� Attachment Sub-2 Appendix A Ardurra Scope of Work and Estimated opinion of Fees Grant County Ag Lands Analysis Prepared for: Chris Young, Director, Grant County Dev(opment Services 10/21 i2oz4 Items DESCRIPTION JUSTIFICATION TOTAL FEES 1 Project Management / Admin; and, Client Coordination. Provides Project Manager (PM) with 12 hours and Admin staff with 12 hours to perform tasks over $4,320.00 the scheduled 12 months anticipated to complete the project. Monthly invoices are anticipated. 2 Project Kick-off - Includes up to 2 meetings with Grant County Development Services; facilation of Working Provides PM with 30 hours, Geospatial Manager with 30 hours, Env. Project Manager with 20 hours, $50,070.00 Group Meeting # 1 and Planning Comission Meeting #1; Grant County Website Et Branding Coordination; Agency GIS Analyist with 80 hours, Environmental Planner with 120 hours and project admin with 12 and Stakeholder Coordination; Compiling data collection for GIS platform and ground-truthing fieldwork. hours. 3 Inventory and Interactive GIS WebMap- Perform the suitability analysis and inventory of Agricultural and Rural Provides PM with 12 hours, Geospatial Manager with 36 hours, Env. Project Manager with 12 hours, $30,280.00 Resource Lands; and develop the interactive GIS map for the project website. GIS Analyist with 120 hours, Environmental Planner with 80 hours and project admin with 8 hours. 4 Stakeholder Meetings - Facilate Working Group Meetings # 2 and # 3; and, # 4 (if needed). Consultant will Provides PM with 12 hours, Geospatial Manager with 4 hours, Env. Project Manager with 12 hours, $10,040.00 prepare agendas and meeting minutes for the Stakeholder Meetings. GIS Analyist with 12 hours, Environmental Planner with 8 hours and project admin with 4 hours. 5 Planning Comission Meetings and Public Comment Period- Facilate Planning Comission Meetings # 2 and # 3; Provides PM with 30 hours, Geospatial Manager with 30 hours, Env. Project Manager with 20 hours, $32,070.00 and, # 4 (if needed). This task item includes supporting the Public Comment Period (estimated at 30-days) Data GIS Analyist with 40 hours, Environmental Planner with 40 hours and project admin with 12 hours. Review Et Incorporation. Press releases will be drafted by the Consultant and presented to the Client for use. 6 GIS Maintenance - Updating GIS Interactive Map and platforms. Provides PM with 4 hours, Geospatial Manager with 40 hours, GIS Analyist with 80 hours and $22,440.00 project admin with 4 hours. AP, Lands Analysis Report - Finalize findings and conclusions into a cophrehensive report. The Draft Report will 7 Provides PM with 32 hours, Geospatial Manager with 8 hours, Env. Project Manager with 24 hours, $25,520.00 be presented to the Client and it is anticipated that one round of edits will be incorporated into the Final GIS Analyist with 20 hours, Environmental Planner with 40 hours and project admin with 12 hours. Report. 8 Travel expenses (300 miles per round trip C� $0.67 per mile). $0.67 per mile for an estimated 12 round trips egauling 3,600 miles. Total Estimated Time and Materials Fees for Work to be Completed in 2025 Manager's Reserve (10%) for Contingency Items $2,412.00 $177,152.00 $17,715.20 Contract Total $1947867.20 Note: This scope assumes all tasks should be completed within a 12-month period. Ardurra 1717 S. Rustle Street, Suite 201, Spokane, WA 99224 Jim Anderson -Cook From: Rebekah M. Kaylor Sent: Wednesday, November 6, 2024 3:15 PM To: Christopher Young Cc: Jim Anderson -Cook. Subject: RE: Contract Review am fine with this. Regards, Rebekah Kaylor Chief Deputy Prosecuting Attorney (Civil/Appellate) Grant County Prosecuting Attorney's Office PO Box 37 Ephrata, WA 98823 Phone: 509.754.2011 x3950 Fax: 509.754.6574 rmkayior@grantcountywa.gov The contents Y thi -m 3l message, including ,-'>t�!..,s'.hm---EMt,-> are intended solely fo£� the h s. person ers 9 �: r whom �, a£ s-�,. ^'•'s � �y ! i[r this e-mail s ? li itt$it € ;� any i€, s°.s% I€ € A,.w1 €lam are '= ,;.s «d F use i ,>-'.-'.. € the ,-' r^'� .,�'->3 n''' £�`:,� ; - o '�F,-§"''=,om the € i }I was addressed, res ..�"d %'A' i , '„2 :,€€ : ai"".✓` '>..€'v € a "".�,�=.s �..si s �t �i�°_� *� '>. E&•i: ..�i.. ti :,.3 u"�.:�:: i+'ai :>�*J` �.i��.i! 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Please n���€iaf;iiya"ire-ply i� tf3:s"em'i yoe.�c iAa„y.Yb'`E vcor:�n9s �%is!':,sr?os} "e A"!��eq} v»L> eci�U ,i. - sLi From: Christopher Young <cyoung@grantcountywa.gov> Sent: Wednesday, October 30, 2024 10:21 AM To: Rebekah M. Kaylor <rmkaylor@grantcountywa.gov> Cc: Jim Anderson -Cook <jcook@grantcountywa.gov> Subject: Contract Review Rebekah — attached is a proposed contract for a budgeted initiative that will commence in 2025 that will need to be reviewed and approved. Thanks-