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HomeMy WebLinkAboutITEM V-C-5 AUBUR,hT ~, WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Mithun contract for Auburn Environmental Business Date: July 31, 2007 District stud Department: Attachments: Budget Impact: Ec Dev/Plannin Contract &Mithun info $88,000-89,000 Administrative Recommendation:. City Council grant permission to enter into an Agreement for Consulting Services with Mithun. Background Summary: During the Spring 2007 Council retreat, Council asked for renderings demonstrating practical business uses within the Auburn Environmental Business District. The rendering(s) would be based upon a feasibility study of the site for recruiting businesses to the study area. After researching the market for qualified firms, Mithun submitted a proposal based upon several meetings/discussions. The attached contract would enable Mithun to begin the work. A0806-1 A3.16.11 Reviewed by Council & Committees: Reviewed by Departments 8~ Divisions: ^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O ^ Airport ^ Finance ^ Cemetery ^ Mayor ^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks ^ Human Services ^ Planning & CD ^ Fire ^ Planning ^ Park Board ^Public Works ^ Legal ^ Police ^ Planning Comm. ^ Other ^Public Works ^ Human Resources ^ Information Services Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until _/_/_ Tabled Until _/_/_ Councilmember: Cerino Staff: Baron Meetin Date: Au ust 6, 2007 Item Number: V.C.S AjJ$~,jFCI~1 * MORE THAN YOU IMAGINED CITY OF AUBURN AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT made and entered into on this day of July 30`h 2007, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and, Mithun, Inc. hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the City is engaged in or readying itself to be engaged in its project of Developing an Environmental Park District Master Plan, and is in need of services of individuals, employees or firms for said project; and, WHEREAS, the City desires to retain the Consultant to provide certain services in connection with said project; and, WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services.") The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Consultant's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which .case the terms and conditions of any such addendum shall control. In all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. Page 1 of 8 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant's performance of the requested services. The Consultant hereby agrees that it shall perform such services upon the oral request of an authorized representative of the City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant's Representations. The Consultant hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City's Responsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 7. Compensation. As compensation for the Consultant's performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. 8. Time for Performance and Term of Agreement. The Consultant shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "A," unless otherwise agreed to in writing Page 2 of 8 by the parties. The Term of this Agreement shall commence on the date hereof, and shall terminate upon completion of the performance of the scope of work provided herein, according to the schedule provided on Exhibit "A" unless otherwise agreed to in writing by the parties. 9. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement. This Agreement shall be administered by Richard Robinson on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Consultant Auburn City Hall Pier 56 25 West Main 1201 Alaskan Way, Suite 200 Auburn, WA 98001-4998 Seattle, WA 98101 253) 931-3000 FAX (253 931-3053 206 623-3344 FAX 206 623-7005 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. Page 3 of 8 14. Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Commercial General Liability insurance, insuring the City and the Consultant against loss or damages arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in any one occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. c. Professional liability insurance with minimum liability limits of $1,000,000. d. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 O1 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 15. Indemnification. The Consultant shall indemnify, defend and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including attorney fees, by any reason of or arising out of the act or omission of the Consultant, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement except for injuries and damages caused by the sole negligence of the City. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the Consultant's negligent acts or omissions. 16. Assi n~ent. Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and Page 4 of 8 specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Suspension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Consultant if the services provided for herein are no longer needed from the Consultant. If this Agreement is terminated through no fault of the Consultant, the Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 19. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 20. Costs to Prevailin Pg arty. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any Page 5 of 8 determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 23. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN Peter B. Lewis, Mayor Attest: MITHUN, INC. Richard B. Robison, AIA, Principal Danielle E. Daskam City Clerk as B. Heid,~£y Attorney Page6of8 Exhibit A Scope of Services City of Auburn Environmental Business District Master Plan Mithun and its consulting team will provide the following services and deliverables: Project Initiation: • Site analysis and preplanning activities • Preliminary market analysis • Document project issues • Develop a set of criteria for evaluating concepts and project success Site Planning: Using the data provided by the City of Auburn and consultants, Mithun will develop a number of land use alternatives. Mithun will review these with the City's representatives and select a preferred concept for more detailed development. The team will generate a brief report summarizing the process, findings, and proposed preliminary development plan and activities associated with implementation. Deliverables: • Planning report and summary PowerPoint presentation. • Rendered site plan and one watercolor perspective rendering for purposes of communicating the nature of development to interested parties. The Mithun team will be augmented with the services of GVA Kidder Mathews to provide a preliminary market analysis and SvR Design for civiUhydrology consulting. Project Schedule: Complete work October 1st 2007. Page 7 of 8 Exhibit B Fees and Costs Activities and labor costs associated with the work: $65,000.00 • Site visit and preliminary meeting. • Periodic meetings with the appropriate city personnel • Establish and document project goals • Site analysis • Concept exploration • Concept development • Process documentation and report preparation • Presentation materials Direct ezpenses: • Market Analysis: $15,000 • Hydrology $2,000 • Rendering: $5,000-$6,000 • Misc. Exp. $1,000 Total Project Cost: $88,000 - $89,000 Page 8 of 8 Home I Mithun designs clean energy business parkin Kitsap --~.--.- By Katie Zemtseff Seattle Daily Journal, July 25, 2007 Mithun has been chosen to design the first phase of the Port of Bremerton's sprawling new clean energy business park, which could be the first of its kind when completed, according to Tim Botkin, project director. Contacts & Comments The Sustainable Ener9Y and Economic Development Project or SEED will be a business park for clean energy and sustainable design companies. Botkin, a consultant with Council/District Meetings ~ Sustainable Solutions, said the companies that locate at SEED will be clean technology City Employment ~ businesses that focus mainly on water, energy, and building practices and products that Parks & Rec Registration ' benefit the environment.- Forms & Applications i The entire complex will take between 12 and 15 years to complete. It will eventually Codes & Ordinances grow to 800,000 square feet of space over 75 acres. The buildings will be in pods or '' Clusters. Public Records Request f Mithun is master planning the first phase, also known as-pod one. Pod one, will have Search ~ ~~ 86,000 square feet of office, incubator and laboratory space, and cost between $40 million and $50 million, Botkin said. It will contain four and five buildings on about eight - acres. An educational outreach and management center called-The Sustainable Practice City of Bremerton Institute will be the centerpiece of the pod. Pod one will create about 300 jobs while the 345 6th Street, Suite 600 entire project should generate around 2,000. Bremerton, WA 98337 Contact the City! E-mail the Webmaster Mithun is targeting LEED platinum for pod one, although the rest of the project is aiming for LEED silver, Botkin said. Because there will be multiple buildings in the first pod, eacl -one must be able to perform at a LEED platinum level. Mike Fowler, project manager with Mithun, said the two main focal points of the pod will be saving energy and water. Mithun is aiming to fulfill all 10 LEED energy points. The goal, Fowler said, is to not use any energy derived from fossil fuel. Instead, buildings will use energy from a combination of photovoltaic solar panels, electric pumps, and ground-source heat pumps. The designers will also site the buildings appropriately to make use of passive solar light. For water, the buildings will follow a zero import/export water management system. Rainwater will be collected in tanks before it is filtered, treated and used for drinking water. All water that goes down drains will go to a membrane bioreactor where it will be treated and cleaned before it is reused to flush toilets and irrigate the landscape. Fowler said the Port of Bremerton and project consultant O'Brien and Co. are discussing http://www. ci.bremerton.wa.us/articles. php?id=1174&bremcity=Sac83 de8c5 e3 a915 8d9b4a... 8(1 /2007 legal issues about the water system with Focal municipalities. Other green features include healthy building materials, high indoor air quality, reuse of a brownfietd site and space for bike storage. "It's very future-focused and for me it's just something that's very viable given the current context of climate change and the whole clean energy market sector," Fowler said. "That's where the marketplace is going." The project has been in the works for more than three years. Botkin said the business park will probably be the first project of its kind in the country, and possibly internationally. There are LEED-rated buildings that cater to business and clean tech business parks that aren't LEED-certified, he said, but both concepts have not been combined yet. "We're the only one we've found," he said. Ken Atterbery, CEO of the Port of Bremerton said the project should fit well into the character of Kitsap County. Atterbery said this business park could help give the clean tech sector "a home that's uniquely it's own." "I think we're sort of on the leading edge of this. It could put Kitsap County in a place of leadership in terms of helping the clean tech sector evolve." Botkin said when he first began investigating the idea three years ago, he was looking for a dynamic industry that would help expand and diversify the county's economy. Clean tech was a logical choice, he said, because it creates high-paying jobs that mesh well with the area's engineering background and the physical character of the community. But getting to the design phase has taken-some wrangling to find funding and convince people that clean tech is a viable enterprise. The state legislature allocated $800,000 for the project in the 2006 session for physical design and architecture work. The federal Economic Development Administration awarded the project $427,000 for hard design and concept verification. "The biggest barrier has been helping people see what the future is pretty much requiring," Botkin said. The project has generated interest from around the world. 'There are several countries that are much more advanced in (clean tech industries)," Botkin said. "And there are several companies that are just waiting for the U.S. market to pop up." Another aspect that may be an attraction for potential companies is how the business park could incorporate the technologies of the tenant companies. Fowler said Mithun is looking at ways the buildings can be adapted. For example, if a company is involved with fuel cells, Mithun is considering how the building's system could use them. "We're trying to see how we can incorporate that into the project design." http://www. ci.bremerton.wa.us/articles.php?id=1174&bremcity=Sac83de8c5e3a9158d9b4a... 8/1/20Q7