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.
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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
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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
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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.
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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