Approve a contract for water bank consulting services with Aspect Consulting LLC BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-256
APPROVE A CONTRACT FOR WATER BANK
CONSULTING SERVICES WITH ASPECT
CONSULTING LLC
WHEREAS, Lewis County has existing and emerging mitigation responsibilities
which will provide for economic growth and also be in a position for future grant
funding; and
WHEREAS, there is a need to consult with a firm that has the expertise and
knowledge to assist Lewis County in developing a Water Bank Action Plan; and
WHEREAS, Aspect Consulting LLC has submitted a proposal and scope of work to
Lewis County in the amount of $20,000; and
WHEREAS, the Board of County Commissioners (BOCC) has reviewed the
attached contract proposal with Aspect Consulting LLC and it appears to be in the
best interest of Lewis County to authorize execution of the contract.
NOW THEREFORE BE IT RESOLVED the BOCC hereby approves the contract
between Lewis County and Aspect Consulting LLC, in the amount of $20,000.00
and authorizes the County Manager to sign the same.
DONE IN OPEN SESSION this 13th day of July, 2021.
Page 1 of 2 Res. 21-256
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Gary Stamper
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST: •'�°`�T` ":as;• Lindsey R. Pollock, DVM
Gitdsey R. Pollock, DVM, Vice Chair
S1�CE
‘ ,45
- coM �co.
Rieva Lester '•:Sys-- ,se • Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-256
Aspect
Contract Order
I� o sLT I N G
Client: Lewis County Date: July 8,2021
•
Attn: Lindsey R.Pollock,DVM Contract No.: 1
351 NW.North St, Chehalis,WA, 98532
Project No.: 210322
Project Name: Lewis County Water Bank Technical Assistance
Lewis County, Washington
Subject: Proposed Water Banking Scope of Work
Description of Work Cost
Aspect Consulting,LLC (Aspect)understands Lewis County is interested Time and Materials,
in developing a water bank. Lewis County has existing and emerging Not to Exceed:
mitigation responsibilities. The Department of Ecology(Ecology)recently
• received a budget proviso for water bank grant funding for which Lewis
County may be eligible. In order to meet its mitigation responsibilities,
provide for economic growth, and position Lewis County for future grant
funding, Aspect proposes development of a Lewis County Water Bank
Action Plan,consisting of the following tasks:
1. Task 1: Mitigation Requirements and Opportunities. Water banks Task 1: $6,000
work best when the customer audience of the water bank is well-
defined. This allows targeted policy development,outreach
messaging, and keeps bank administrative costs low. Aspect will
hold two virtual strategic meetings with Lewis County to define
service categories.
2. Task 2: Water Bank Seeding. Water banks require water Task 2: $4,000
mitigation assets to be acquired by the County. These can include
targeted water right purchases or water supply development
projects. Aspect will develop a preliminary list of potential water
supply options and meet with Lewis County to screen them for
potential suitability for a future water bank. Aspect will summarize
likely budgetary costs for water bank seeding. The graphic below
provides an overall summary of how water rights are acquired and
managed jointly between the County and Ecology's Trust Water
Right Program to provide mitigation for new County customers.
OFFICE LOCATIONS
WASHINGTON:Bainbridge Island I Bellingham I Olympia I Seattle I Wenatchee I Yakima
OREGON: Bend I Portland
www.aspectconsulting.com
Contract Order No. 1
Project No. 210322
Water Right New
Current Use Consumptive Uses
Water credit
held in trust
Water tight
Instream transfer Instream Instream
Flow Flow •
mitigationFlow
certificates
per trust
agreement
Water Balance Water Balance Water Balance
Current after transfer to trust after new uses
3. Task 3: Mitigation Package and Cost Development. Once the Task 3: $4,000
customer base is defined and likely bank seeding costs have been
defined,the County can determine the number,type,and cost of
mitigation packages it will offer. Aspect will meet with the County
and present options based on its experience assisting numerous
other counties in this process(e.g.,Chelan, Okanogan, Spokane,
Kittitas,etc.).
4. Task 4: County Code Development. A Lewis County water bank Task 4: $4,000
is a new service requiring coordination amongst many County
departments to run effectively. Aspect will facilitate an
interdepartmental meeting to discuss operational roles throughout
the different stages of water bank offering,including application,
review,tracking, fee collection,mitigation certificate recording,
and Ecology reporting. Additionally,key policy issues that need to
be addressed in County Code will be presented for initial decision-
making(e.g.,metering,geographical coverage, enforcement). The
following graphic summarizes how a water right acquisition moves
through the different stages of County water bank development.
Potential Water Preliminary County Negotiates Purchase
Right Acquisition Due Diligence &Sale Agreement
Water Right Transfer 1 Trust Water ' County Code Adoption ' Outreach and
Tasks Agreement Tasks TroiT iein
County Conducts. County Conducts • Establish Packages to Sell
• Formal Due Following with . Water Use Monitoring • Develop Internal
Diligence Ecology. Procedures and External
• File Change • Trust Water
• Covenant Requirements
^1 —1 Forms/Materials
Application Agreement E •
Develop Outreach
• Suitabil Ma • Well Construction Standards Material
• Public Notice p • Enforcement Criteria
• Trust Report of I Negotiation • Update Website
Examination • Bank Metrics • Fees • Staff Training
• SEPA • Bank Accounting •
Other Bank Operations
Criteria
• Escrow I Closing
Step 1 Step 2 Step 3 Step 4
5. Task 5: Outreach. Aspect will provide options on county outreach
options and identify a targeted list of outreach materials necessary Task 5: $2,000
Page 2
Contract Order No. 1
Project No. 210322
for effective bank operation. Aspect will provide several examples
of other County outreach materials for Lewis County consideration.
Deliverables: Aspect will summarize these five tasks in an Action Plan
summarizing next steps for Lewis County consideration. One goal is to Total:
have a coherent plan in place in time for Ecology funding likely offered in
the fall of 2021. $20,000
Schedule: Aspect proposes to complete this work by October 2021 subject
to County staff priorities and availability.
Additional terms:
Public Records Law
Each Party will fulfill their independent obligations, separately,under the
Washington Public Records Act(chapter 42.56 of the Revised Code of
Washington). In the event one Party fails to fulfill its obligations pursuant
to this section and due in whole or in part to such failure a court of
competent jurisdiction imposes a penalty upon the other Party for violation
of the Public Records Act,the failing Party shall indemnify the other for
that penalty,as well as for all costs and attorney fees incurred by the other
Party in the litigation giving rise to such a penalty. The obligations created
by this section shall survive the termination of this MOU.
Open Public Meetings Law
Each Party will fulfill their independent obligations, separately,under the
Washington Open Public Meetings Act(chapter 42.30 of the Revised Code
of Washington). In the event one Party fails to fulfill its obligations
pursuant to this section and due in whole or in part to such failure a court of
competent jurisdiction imposes a penalty upon the other Party for violation
of the Open Public Meetings Act,the failing Party shall indemnify the
other for that penalty,as well as for all costs and attorney fees incurred by
the other Party in the litigation giving rise to such a penalty. The
obligations created by this section shall survive the termination of this
MOU.
Records Maintenance
Each Party shall maintain all books,records,documents,data and other
evidence relating to this MOU and performance of the services described
herein, including but not limited to, accounting procedures and practices
which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this MOU. Both Parties shall retain
such records for a period of seven(7)years following the date of final
payment.If any litigation, claim or audit is started before the expiration of
the seven-(7)year period,the records shall be retained for a period of
seven(7)years after all litigation,claims,or audit findings involving the
records have been finally resolved.
Page 3
Contract Order No. 1
Project No. 210322
This contract order incorporates the attached Terms and Conditions and Schedule of Charges. Except as
amended above,these terms, conditions, and rates apply to this contract order.
By:
ASPECT CONSULTING,LLC
a limited liability company Printed Name: Dan Haller, PE
Principal Water Resources Engineer
By:
CLIENT Printed Name/Date:
601 7ic 1 z i
V:V210322 Lewis Cnty Water Bank Tech Assistance`Contracts`Proposal Material`CO01_20210708_210322_revOl.docx
Page 4
Aspect Consulting, LLC
Terms and Conditions
1. RIGHT OF ENTRY AND PROPERTY RESPONSIBILITY
The Client will obtain right of entry to the property where the Services are to be performed("Property").The right of entry shall
allow Aspect and its subcontractors to enter the Property to perform the Services,which may require repeated visits to the
Property for on-site monitoring if included in the description of Services.Aspect is responsible for its own activities, but has no
responsibility for the Property,for third party safety precautions,or for the safety or control of third parties.
2. SUBSURFACE RISKS AND SITE DAMAGES
Client recognizes special risks exist whenever professional consulting services are employed to determine the composition of a
site's subsurface or to determine the existence or non-existence of any man-made or natural subsurface features, including, but
not limited to, hazardous substances.Client shall disclose to Aspect all known conditions,substances,or features in writing or in
maps, plans or drawings. Even with adequate disclosure by Client,Client acknowledges that the use of exploration and testing
equipment may unavoidably damage or alter the Property surface or subsurface and Client accepts this risk. Client assumes
responsibility for claims and/or damages arising from changed or differing site conditions or to subsurface structures, including
buried utility lines, pipes,tanks,tunnels,or other conditions and agrees to hold harmless,defend and indemnify Aspect and its
subcontractors from any such claims and/or damages, including attorney fees,except to the extent directly caused by the
negligence of Aspect or its subcontractors.
3. HAZARDOUS SUBSTANCES
Client shall provide Aspect with all information available to Client concerning past and present use of the Property and the nature
and extent of any known or suspected hazardous substances or conditions,prior to Aspect performing the Services. Unless
expressly stated otherwise in the Agreement, Client acknowledges that Aspect has no liability as a generator,operator,
transporter,disposer,or arranger of the transportation and/or disposal of hazardous substances from the Property.Client agrees
to hold harmless,defend and indemnify Aspect and its subcontractors from any claims and/or damages,including attorney fees,
arising out of the presence, release,or threatened release of hazardous substances on or from the Property,except to the extent
directly caused by the negligence of Aspect or its subcontractors.
4.SLOPE STABILITY
Client recognizes risks are inherent with any site involving slopes.Client accepts full responsibility for these risks. Client
acknowledges that the information obtained or recommendations made by Aspect may help to reduce Client's risk but no amount
of engineering or geologic analysis can assure slope stability. Therefore, Client agrees to hold harmless,defend and indemnify
Aspect and its subcontractors from any claims and/or damages, including attorney fees,arising out of or related to slope
movement,except to the extent directly caused by the negligence of Aspect or its subcontractors.
5. SAMPLE DISPOSAL/WELL DECOMMISSIONING
5.1 Aspect may dispose of any samples obtained from the Property 30 calendar days after the issuance of any document that
includes the data obtained from the sample, unless other arrangements are mutually agreed upon in writing.
Unless expressly stated otherwise in the description of Services,the disposal cost for samples is not included in any cost estimate
for the Services. Client acknowledges the difficulty in determining disposal costs in advance and authorizes Aspect to bill Client for
expenses incurred in disposing of samples obtained from the Property.
5.2 Any wells installed as part of Aspect's work may later need to be properly decommissioned and recorded in accordance with
applicable law. Unless expressly stated otherwise in the description of Services,well decommissioning and recording are not
included in the Services to be performed by Aspect.
6.OWNERSHIP OF DOCUMENTS I WORK PRODUCT
6.1 Data, reports or information provided by Aspect under this Agreement shall only become the property of Client upon full
payment for the Services.After full payment,Aspect shall retain joint ownership of all such information.Aspect shall retain copies
of the original electronic files and/or hardcopy versions of information provided by Aspect or by Client.Aspect's originals shall
govern in the event of any dispute regarding the content of electronic media furnished to others.
6.2 All reports prepared by Aspect under this Agreement are intended solely for the Client and apply only to the Services.Any use
or reuse by Client for purposes outside of this Agreement is at the sole risk of Client and without liability to Aspect.Aspect shall
not be liable for any third parties'use of the deliverables provided by Aspect.
6.3 Aspect is entitled to rely upon the completeness and accuracy of reports,documents,drawings, plans and other information
furnished by Client concerning the Property or the project that is the subject of this Agreement.
6.4 In the event Aspect is required to respond to legal process related to the Services for Client,Client agrees to reimburse Aspect
its current hourly charges for personnel involved in the response and attorney fees reasonably incurred in obtaining advice
concerning the response, preparation to testify, and appearances related to the legal process,travel and all reasonable expenses
associated with the litigation.
1 of 2 Revision Date June,2015
6.5 Unless a different time period is stated in the Agreement,Aspect shall retain records in accordance with Aspect's records
retention policy.
7. PAYMENT TERMS
Invoices shall be submitted to Client upon completion of the Services,or if Services extend beyond 30 days,on a monthly basis
for the preceding months work. Billing corrections must be requested within 30 days of invoice date. Payment terms are net 30
days from the date of invoice.All overdue payments are subject to an additional interest and service charge of one and one-half
percent(1.5%)(or the maximum rate permissible by law,whichever is lesser)per month or portion thereof from the due date until
the date of payment.All fees will be charged or billed directly to Client.Aspect will not bill a third party without a statement,signed
by the third party, accepting payment responsibility. In the event a third party fails to pay,Client shall remain liable for all unpaid
invoices for the Services.Aspect may suspend work and/or withhold delivery of data for Services in the event Client fails to pay its
invoices. Client shall be responsible for all costs and expenses of collection including reasonable attorney's fees.
8. PERFORMANCE AND WARRANTY LIMITATION
Aspect will perform all Services consistent with recognized standards of professionals in the same locality and involving similar
conditions.ASPECT MAKES NO OTHER WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES. No representative of Aspect is authorized to give or make any other representation or
warranty in any way, in connection with the Services.Aspect shall not be liable for any failure or delay in performance by Aspect
resulting, in whole or in part,from any cause beyond the reasonable control of Aspect.
9. INSURANCE/LIMITATION OF LIABILITY
9.1 Aspect maintains primary General Liability Insurance for bodily injury and property damage with a limit of$1,000,000 per
occurrence and$2,000,000 aggregate.Aspect maintains Professional Liability insurance to provide coverage for liability resulting
from professional errors and omissions.
9.2 Aspect's liability to Client for bodily injury or property damage covered by Aspect's General Liability Insurance policy shall be
limited to the proceeds available from the primary General Liability Insurance policy.The liability of Aspect, its manager, members,
professionals, employees,and subcontractors to the Client for damages, including attorney fees, resulting from an act,error or
omission in providing or failing to provide professional services,whether based in tort or in contract,shall be limited to the greater
of$50,000 or the amount of compensation paid to Aspect under this Agreement, unless higher limits are agreed upon in writing.
In no event shall either party be liable to the other party,for any consequential or incidental damages, including,without limitation,
damages for loss of income, loss of profits and/or loss or restriction of use of the Property.
10.TERMINATION
Suspension or termination of all or any part of the Services may be initiated by Client; however Client shall be responsible for all
fees owed Aspect for Services performed by Aspect, including all direct costs and all expenses incurred or committed that cannot
be cancelled without penalty as well as reasonable termination expenses, prior to Aspect's receipt of written notice from Client.
Either party may terminate this Agreement for cause in the event of the other party's substantial or material failure to perform in
accordance with the terms hereof,through no fault of the terminating party. Except for termination arising out of delinquency in
payment, a termination for cause shall not be effective unless:(i)not less than seven days'written notice of intent to terminate has
been provided; (ii)the notice specifies all reasons for the termination;and(iii)the notified party is given an opportunity to consult
with the terminating party to discuss the termination and to cure the substantial failure before the expiration of the period specified
in the written notice.
11. MISCELLANEOUS PROVISIONS
11.1 These Terms and Conditions,together with the Agreement,the Schedule of Charges,and any additions or revisions agreed
upon in writing by the parties,form the entire Agreement and control over all previous communications, representations,or
agreements, either verbal or written, between Client and Aspect.
11.2 Aspect may assign work included under the Agreement to subcontractors.
11.3 Client and Aspect agree to use their best efforts to resolve any disputes,claims or other matters in controversy arising under
or related to this Agreement.
11.4 These Terms and Conditions shall be governed by the laws of the State of Washington.The sole venue for any legal action
related to this Agreement shall be King County,Washington.
11.5 The unenforceability of any term or condition herein shall not affect the validity or enforceability of the remainder to these
Terms and Conditions;the intent of the parties being the provisions be severable.The section headings of these Terms and
Conditions are intended solely for convenience and do not define or affect these Terms and Conditions or their interpretation. No
waiver by either party of any provision,term or condition hereof or of any obligation of the other party hereunder shall constitute a
waiver of any subsequent breach or other obligation.
2 of 2 Revision Date June,2015
Asnect SCHEDULE OF CHARGES
CON L T I N G Effective January 2021
Unless otherwise stated in the proposal or services agreement,current rates are as follows:
PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS Hourly Rate
Principals and Associates
Principal Scientist/Engineer/Analyst 2 $272
Principal Scientist/Engineer/Analyst 1 $258
Sr.Associate Scientist/Engineer/Analyst $238
Associate Scientist/Engineer/Analyst $223
Technical Professionals
Senior Scientist/Engineer/Analyst 3 $223
Senior Scientist/Engineer/Analyst 2 $209
Senior Scientist/Engineer/Analyst 1 $195
Project Scientist/Engineer/Analyst 3 $179
Project Scientist/Engineer/Analyst 2 $166
Project Scientist/Engineer/Analyst 1 $155
Staff Scientist/Engineer/Analyst 3 $143
Staff Scientist/Engineer/Analyst 2 $129
Staff Scientist/Engineer/Analyst 1 $120
PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF Hourly Rate
Field/Construction Staff
Field/Construction Supervisor $132
Field Technician 2 $108
Field Technician 1 $100
Design, CAD,and Graphics Staff
Engineering Designer $155
Sr.CAD Technician/Specialist $140
CAD Technician $123
Technical Editing and Project Operations
Sr.Technical Editor $124
Technical Editor/Project Coordinator 3 $1 13
Project Coordinator 2 $105
Project Coordinator 1 $99
PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT Hourly Rate
Sr.Technology Project Manager $232
Technology Project Manager $215
Senior Software/Database Architect/Developer $220
Software/Database Architect/Developer $194
OTHER DISBURSEMENT CHARGES
Legal Testimony(4-hour minimum) $350/hr
Mileage Federal Gov Rate Plus 15%
Subcontractors and Miscellaneous Expenses Cost Plus 15%
Other equipment,rentals,and expenses will be provided on a per job basis.
Client acknowledges that Aspect will adjust the Schedule of Charges annually, and that the Agreement will remain valid for any and
all annually adjusted Schedule of Charges.
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: July 13, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
RESOLUTION TO APPROVE A CONTRACT FOR WATER BANK CONSULTING SERVICES WITH ASPECT
CONSULTING LLC
Contact: Lara McRea Phone: 3607402660
Department: BOCC - Board of County Commissioners
Description:
Resolution to approve a contract for Water Bank Consulting Services with Aspect Consulting LLC
Approvals: Publication Requirements:
Publications:
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