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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 DATE: 9/25/25 REQUEST SUBMITTED BY: Jim Anderson -Cook PHONE: 2522 CONTACT PERSON ATTENDING ROUNDTABLE: Jim Anderson -Cook CONFIDENTIAL INFORMATION: ❑YES ❑ NO ,TYPE(S) O DOCUMENTS SUBMITTED: (CHECKALL s l APPLY) ®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 [:]Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution El Recommendation El Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB A Professional Services Contract between Grant County Development Services and Nexus Planning Services, LLC to develop the 2027 Grant County Comprehensive Plan Periodic Update. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO *1 N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: 9/30/25 DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D2: D3: OA2- WITHDRAWN: 4/23/24 CONTRACT THIS CONTRACT ("Contract"), entered into by and between GRANT COUNTY, duly organized and operating under and by virtue of the Constitution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 Nexus Planning Services, LLC ("Consultant"). This agreement is for the project to develop the 2027 Grant County Comprehensive Plan Periodic Update consistent with the attached Scope of Services (Work) with budget and schedule as expressed in Attachment A- 19 A-29 B-19 & B-2. WHEREAS, Nexus Planning Services, LLC was the successful bidder responding to the Request for Qualifications that was released and advertised by Grant County on October 7, 2024, for services to develop the 2027 Grant County Comprehensive Plan Periodic Update; WHEREAS, Grant County desires to contract with the Consultant to perform the services described in the Scope of Services (Work) attached to this agreement in accordance with the terms and conditions thereof; NOW THEREFORE, 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 In compliance with all applicable local, state, and federal rules, codes, and regulations governing funds associated with this Agreement and in a manner satisfactory to the County, Nexus Planning Services, LLC, and any subconsultants or subcontractors, will be responsible for completing all services, labor, and related equipment necessary to conduct and complete services rendered. This Agreement shall be interpreted and construed in accordance with the laws of the State of Washington. The Scope of Work, as described in Attachment A-1 & A-2, is attached to this agreement in accordance with the terms and conditions thereof. 3.0 PROFESSIONAL FEES In General. In consideration of the provision of the Services by Nexus Planning Services and the rights granted to County under this Agreement, County shall pay the fees set out in Attachment B-1 & B-2 (the "Fees"). The total Fees shall be paid to Nexus Planning Services in installments, as a percentage of deliverable completion. Nexus Planning Services, LLC. and GODS Contract 9/25/2025 4.0 EXPENSEREIMBURSEMENT Nexus Planning Services shall be responsible for all expenses incurred in the performance of the Services under this Agreement. The Fees are inclusive of any and all expenses, and the County shall not be obligated to reimburse Nexus Planning Services for any additional costs. 5.0 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. 6.0 INVOICES Invoices for services performed will be submitted regularly. Payment will be due within thirty (30 )days of date of invoice. Interest will be added monthly to accounts in arrears at a rate of 1 %. 7.0 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. 8.0 EARLY TERMINATION OF SERVICES The obligation to provide further services under this agreement may be terminated by either party upon thirty days' (3 0) 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. 9.0 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. 10.0 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 Nexus Planning Services, LLC. and GCDS Contract 9/25/2025 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. 11.0 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. 12.0 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. 13.0 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. 14.0 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 Nexus Planning Services, LLC. and GODS Contract 9/25/2025 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). 15.0 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 in conjunction with this Contract shall be conducted in Grant County, Washington. Nexus Planning Services, LLC. and GODS Contract 9/25/2025 Dated the C;?� of 2025. CONSULTANT: Nexus Planning Services, LLC RyarrHuggs, Nexus Planning Services, LLC License No. ti,�.�� p� �//� UBI No. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ones, Chair el'R A Cindy Carter, vice Chair Kevin Burgess, Membi6orf Dated the of 2025. A T: 2ar ara2J. Vasquez Clerk of the Board Approved as to form: By Barbara G. Duerbeck Prosecuting Attorney Date: Nexus Planning Services, LLC. and GCDS Contract 9/25/2025 0 0 I'M TV ii, ilar, Attachment A-1: Scope of Work (FY 26) Tasks & Deliverables Description End Date Task 1 Develop periodic update work plan Deliverable 1 D1: Periodic update work plan October 31, 2025 Task 2 Develop a public participation plan Deliverable 2 D2: Public participation plan October 31, 2025 Task 3 Complete comprehensive plan analysis Deliverable 3 D3: Comprehensive Plan Checklist December 31, 2025 Task 4 Complete critical area analysis Deliverable 4 D4: Critical Areas Checklist December 312025 Task 5 Review, coordinate and develop Draft County Wide Planning Policies Deliverable 5 D5: Draft County Wide Planning Policies June 30, 2026 Task 6 Issue DS and prepare SEPA Scoping Notice and Report Deliverable 6 D6: SEPA Scoping Notice and Report June 30, 2026 Task 7 Initiate Draft EIS Deliverable 7 D7: Phase 1 Draft EIS June 30, 2026 Task 8 Update County Wide Land Capacity Analysis Deliverable 8 D8: Land Capacity Analysis June 30, 2026 Task 9 Prepare Draft Land Use Analysis Deliverable 9 D9: Draft Land Use Analysis June 30, 2026 Task 10 Prepare Draft Housing Analysis Deliverable 10 D10: Draft Housing Analysis June 30, 2026 Task 11 Develop a Draft Energy and Ag Lands Memo Deliverable 11 D11: Draft Energy and Ag Lands Memo June 30, 2026 Attachment A-2: Scope of Work (FY 271 Tasks & Deliverables Description End Date Task 12 Phase 2 Draft EIS Deliverable 12 D12: Phase 2 Draft EIS December 31, 2026 Task 13 Draft Land Use and Housing Elements Deliverable 13 D13: Draft Land Use and Housing Elements December 31, 2026 Task 14 Draft Transportation and Rural Elements Deliverable 14 D14: Draft Transportation and Rural Elements December 31, 2026 Task 15 Draft Capital Facilities and Utilities Elements Deliverable 15 D15: Draft Capital Facilities and Utilities Elements March 30, 2027 Task 16 Draft Critical Areas Ordinance amendment Deliverable 16 D16: Critical Areas Ordinance sent to legislative body June 30, 2027 Task 17 Prepare Final EIS Deliverable 17 D17: Final EIS March 30, 2027 Task 18 Comprehensive plan amendment sent to legislative body Deliverable 18 D18: Comprehensive plan amendment sent to legislative body June 30, 2027 Task 19 Development Regulations Ordinance sent to legislative body Deliverable 19 D19: Development Regulations Ordinance sent to legislative body June 30, 2027 Task 20 Finalize GIVIA Checklist Deliverable 20 D20: Final GMA Checklist June 30, 2027 Task 21 Report detailing public meetings: date/times, topic(s) covered, and summary of public input Deliverable 21 D21: Public Participation Report June 30, 2027 Attachment B-1: Budget (FY 26) Deliverable I.SFY26 Amount D1: Periodic update work plan $157000 D2: Public participation plan $307000 D3: Comprehensive Plan Checklist $257000 D4 Critical Areas Checklist $257000 D5 Draft County Wide Planning Policies $42,500 D6 SEPA Scoping Notice $427500 D7 SEPA Scoping Report $207000 D8 Land Capacity Analysis $277500 D9: Draft Land Use Analysis $467250 D10: Draft Housing Analysis $207000 D11: Draft Energy and Ag Lands Memo $263250 Contract Total (State Fiscal Year 2026 only) $3501000 Attachment B-2: Budeet (FY 27) Deliverable SFY27 Amount D12: Draft EIS (Phase 2) $503000 D13: Draft Land Use and Housing Elements $35,000 D14: Draft Transportation and Rural Elements $45,000 D1 5: Draft Capital Facilities and Utilities Elements $451000 D16: Critical Areas Ordinance sent to legislative body $45,000 D17: Final EIS $25,000 D1 8: Comprehensive plan amendment sent to legislative body $25,000 D19: Development Regulations Ordinance sent to legislative body $35,000 D20: Final GMA Checklist $25,000 D21: Public Participation Report $207000 Contract Total (State Fiscal Year 2026 only) $350,000