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HomeMy WebLinkAbout5428Contract Number Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5428 YOUTH WELLNESS CAMPUS DEVELOPMENT, LLC PSA - NEPA Review for Youth Wellness Campus Mayor LEG 12-1 4/28/2014 8/26/2014 9/1/2014 2015 Comments : PROFESSIONAL SERVICES AGREEMENT NEPA Review for Yoath WeIIness Campus The City of Bremerton ("Consultant") and Youth Wellness Campus Development, LLC ("Organization"), refetred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, including any attachments thereto, attached hereto as Exlnbit A, which is incoipocated by reference herein. The Scope of Work may be modified only pursuant to Section VII. of ttris Agrecment. II. Term: The Parties agree that the wo�ic described in Exhibit A is to be completed as provided for in the work schedule attacbed herato as Exhibit B; provided however, that additional time shall be granted by the Organization for excusable delays or extra work as provided for in Section V�.A of this agreement III. Compensation: Tn considera6on of the services provided pursuant to this Agieement, the Organization shall pay Consultant $5,000, wluch shall be due prior to the Consultant's commencing the work as deecribed in Exlribit A. IV. Rcladonship of Parties: Consultant and its personnel are independent Consultants and not employees of the Organization. V. Indemnification: A. Consultant shall defend, indemnify and hold Organization, its otrcers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attomey fees, arising out of or in connection with Consultant's performance of this Agreement. B. Organiution shall defend, indemnify and hold Consultant, its officers, officials, employees, agents and volunteers hazmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attomey fees, arising out of or in connection with Organization's performance of this A�eement. VI. Insurance: The Parties aclmowledge that Consultant is a government entity and that Consultant is self-insured. B�emertoN Youth Wellness Campus LLC NEPA Re�lew for Youth Wellness Cempus page 1 VII. General Conditions: A. Ownership and Use of Records and Documents: Original dacuments, drawings, designs and reports. including those in electronic format, developed under this Agreement are the property of the Organization All data, documents �d files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the Organization upon its request at all reasonable times for the piupose of editing, modifying and updating as necessaryuntil such time as the Organization is capable of storing such information in its offices. Duplicate copies of this information shall be provided to the Organizarion upon its request, and at reasonable cost. All documents, reports, d.iawings, specifications, or other items developed outside of ttus Agreement and owned by the Organization t�at are required by the Consultant to complete the work described in Exhibit A shall be pmvided to the Consultant upon request within a reasonable rimeframe. Such items may be stor�d at tfie Consultants office in Bremerton, Washington and will be returned to the Organization upan completion of the work described in Exhibit A. All documents, including all reports, drawings, specifications, computer software or other items prepared or fumished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the Organization. Any reuse by the Organization for other than the specific piupose intended will be at the Organization's sole risk. B. Place of Work: The Consultant shall perform t�e work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the Organization staffas described in Exhibit A, Scope of Work, shall take place at the Consultant's offices, or at locations mutually agreed upon by the parcies. C. Entire Aereement: This Agreement and its Exhibits consdtutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of t�is Agreement. D. Severabilitv: Should eny part of this Agrcemeat be found void, the balance of the Agreement shall remain in full force and effect E. Modification: This Agreement may only be modified by written instrument si�ed by both Parties. F. Written Notices: AIl communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or l st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. BremertoN Youth Wellness Cempua LLC NEPA Review for Youth Wetlness Campus page 2 Oreanization Address Consultant Address Youth Wellness Campus City of Bremerton Block Grant P.O. Box 2201 345 6` Street, Suite 600 Bremertoq WA 98310 Bremerton, WA 98337 G. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. H. Non-Waiver of Breach: The failure of either Party to insist upon strict performance of any of the covenants and agreemants contained herain, or to exercise any option herein confecred in one or more instances shall not be wnstrued to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effeck I. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of tlus Agceement shall be brought in Kitsap County Superior Court. J. Attomevs' Fees: In the event of litigation to eaforce any of the terms or provisions herein, each party shall pay all its own costs and attomey's fees. K. Assienment: Parties may not assign their rights and responsibilities under this Agreement without the written consent of the other Party, but consent may be unreasonably withheld. VIII. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the Consultant for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Pazty, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant sball include a report showing the status of all items listed in the Scope of Work current thrnugh the terminetion date. A. Excusable Delavs: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal governmcnt in controlling, restricting, or requisitioning materials, equipment, tools, or labor by m,ason of war, national defense, or other national emergency; 2) any acts of the Organization, its consultants, or other public agencies causing such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strilces, or weather of unusual severity. PROVIDED, HOWEVER, that the Bremerton/ Youth VUbltness Campue LLC NEPA Revlew tor Youth Weilness Cempus page 3 Consultant must promptly notify the Organi�ation witivn ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the Organization shall, in writing, extend ti�e time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the Organization shall pay for all services performed by t�e Consultant to the effective date of termination, as described on a final invoice submitted to the Consultaat After tetmination, the Organization may t�ke possession of all records and data within the Consultant's possession pertaining to this project which may be used by the Organization without restriction. Any such use not related to the project which Consultant was contracted to perfoim shall be without liability or legal exposure to the Consultan� CITY OF BREMERTON � � B R- t,�-�vT ��: i�t/oK. Da�: �_ zg— �4 Date: ORGANIZATION ���c..� w �t� �� � � ^ it� � b Approved as to form: .,� � Bremerton C Attomey �� / �i►�.�r '1 Bremertan/ Youth Wellness Campus LLC NEPA Review for Youth V1A�IIness Campus page 4 EXHIBIT A— Scope of Work Youth Wellness Campus NEPA Consultant shell perform an environmental review for the property located at 3030 Wheaton Way, Bremerton, WA 98310, parcels A and B as described in the Exhibit C, Legal Description, for future development of the Youth Wellness Campus. Scope of work will include the foll�wing: l. Environmental Asscssment level review, compliant with title 24 part 58 section subpart 58.36 of the Code of Federal Regulations a. Envirvnmental Assessment Checklist b. StatutoryChecklist: consideration of all major relevant laws and suthorities under 24 CFR 58.5 and 24 CFR 58.6 2. Preparation of adequate and defensible Environmental Review Record 3. Deteimination and authorization by Responsible Entity (City of Bremerton) a. If EA shows proj ect will have no significant impact, proceed to number 4, � below b_ If EA shows proj�t will have potentially significant impact: p�ceed with EnvironmentalImpact Statement— WORK ASSOCIATED WTTH EIS �PREPARATION NOT COVERED UNDER THIS AGREEMENT � c. If EA shows project will have significant aad unavoidabl� adverse impacts: reject project 4. Publication of legal notices es follows: a 15-day legal notice for any of the following: Finding of No Significant Impact Notice of lntent Request for Release of Funds b. Other unanricipated, r�uired publications and notices may require amendment to Section III, Compensation, of this Agreement 5. Submission of Environmental Assessment to HUD for approval and release of funds BremertoN Youfh Wellness Campus LLC NEPA Review tar Yarth Wellness Campus page 5 EXHIBIT B — Work Schedule Yout6 We�lness Campus NEPA Upon receipt of all required source documentation from Youth Wellness Campus LLC (Phase I ESA and Geotechnical report) and City of Bremerton (SEPA), Consultant will require 3 months to complete the NEPA, including HUD ielease of funds BremertoN Youlh Wellness Campus LLC NEPA Revlew for Youth Weliness Campus pege 6 EXHIBIT C � AES � CONSULTANTS INC. PROFESSIONAL LA S URVEY O R S 1'.Q HOY 9�0 • 3412 N.W.lA1YEt1 "OLDTOWN6' • SILVERDALE, WA 98383 • 3G0697b100 • FA]C 360�59:�8927 [.�ASE LEGAL DESCRIPTIONS BREMERTUiV YOi3TH WELLNESS CENTER PARCEL A THAT PORTION OF lAT A OF CITY OF BREMERTON SHORT PLA'f NO. &257 (5P98-0009) AS RECORDED UNDER AUDITOR'S FILE NO. 200007280130, AN AMENDMEN'I' OF AUDITOR'S F1LE NO. 3120723, BEING A PORTION UF THE NORTHWEST QUARTER OF THE NQRTHWFST QUARTER, SECT[ON !2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHtNGTON, DESCRTBED AS FOLLOWS: BEG[NNMG AT THE NORTNWEST CORN6R OF SA1D LOT A; THENC� �UUTii 1°45'35" WEST ALONG THE W EST LRVE TF�REOF 86.62 FEET; T[�ENCE SOUTH 88° 18'S5" EAST 408.69 FEET; 'fHENCE NORTH 1°46'SO EAST 54.25 FEET; T'IiEI�TCE SQUTH 88°Z 1'49" EAST 216.45 FfiET; THENCE SOUTH 39°55'31" EAST 26.38 FEfsT; 7'I�NCE SOU'IH 2 WEST 122.86 �EET; THENCE NORTH 88°22'3b" WEST 1�4.10 FEET; THENCE NORTH 86°29'l0" WEST 81.86 FEET; THENCE NORTH 88 L4'Q8" WES'f 384. t 7 FEET TO THE W EST LiNE OF SA(D LO"i' A; THSNCE SOUTH 1°45'35" WFST ALONG SAID LIIdE 509.44 FEET TO T'HH SOUIHWEST CORNBR OF SAlD LOT A; THENCE SOUTH 88°39'23" EAST ALONG 7HE SOUTH LWB THEREOF 546.04 FEET; TIiENCE NORTN 0°41'OS" EAST 106.50 FEET; THENCE SOUTH 88°35' !3" EAST 362.46 FEET: 'CHENCE NORTH 4°04°53" EAST 355.21 PE6T; THENCE NORTH 17°34'S0" WE3T 233.42 FEET TO THE NOR'I"H LWE OF SAID LOT A; THENCE NORTH 88 WEST ALONG SAID LINB 843.66 FBET TO THB POJNT OF 8EC31NNINC. PARCEL B THAT PORTIOT! OF LOT A OF CITY OF BREMERTON SHORT PLAT N0. B-257 (5P98-0009) AS RECORDED UNDER AUDITOR'S FD..E h10. 20U007280130, AN AMENDME[VT OF AUDITOR'S FILE N0. 3126723, BEINt3 A PORTION OF TI� NORTFiY1iFST QUARTER OF THE NORTHWEST QUARTER, SECT70N 12, TOWNSHIP 24 NORTH, RANGE 1 6AST. W.M., tN KITSAP COUNTY, WASHIIVGTON. DESCRIBED AS FULLOWS: COMMENCING AT'il-Ifi NORTHWEST CORNER OF SAID L�T A; Tk1ENCE SOUTH I°45'35" WEST ALUNG THE WEST LINE THEREOF 86.6? FEET TO'fliE POiNT OF BEG[iVNlNG; THENCE SOITTH 88°18'S5" PAST 408.69 FEET; THENCE NORTH 1°46'S0" EAST 54.25 FEET; T[iETlCE SOUTH 88°21'09" EAST 216.45 FEBT; THENCE SOITCH 39°�5'31° EAST 26.38 FEET; THENCE SOUTH 2°58'34' WEST 122.86 FEBT; THENCE NORTt158°22'36" WFST 174.10 FEET; THENCB NORTN 86°29' 10" WESl' 8{.86 FEET; THENCE NORTH 88°14'OB" WEST 384.17 FEET Tp THE W EST LRJE OF SAID LOT A; THENCE NORTH 1°45'3�" EAST ALONG SAID LINH 85.21 F�SET TO TI� POTNT OF BEGi1JNING. 9-24-2013 SEO y-Z9-Z0 BremertonJ Youth Wellness Campus LLC NEPA Review for Youth Weilneaa Campus page 7