8.4. SR 10-02-2017Request for Action
To Item Number
Mayor and City Council 8.4
Agenda Section Meeting Date Prepared by
General Business October 2, 2017 Michael Hecker, Parks and Recreation Director
Item Description Reviewed by
Hire Consultant to Complete Architectural Design Justin Femrite, City Engineer
Services for Ice Arena and Lion John Weicht Park
Reviewed by
Facilities
Cal Portner, City Administrator
Action Requested
Adopt, by motion, the Agreement for Professional Services to hire 292 Design Group to complete the
architectural services for the Ice Arena and Lion John Weicht Park Facilities.
Background/Discussion
As directed by City Council on August 7, 2017, a Request for Proposal (RFP) was drafted and advertised
for the Elk River Ice Arena and Lion John Weicht Park improvements including: schematic design; final
architectural and site design; construction documents; bidding and construction administration. Three
proposals were received and all three firms were interviewed.
$1,320,000
HTG Architects
$898,000
JLG Architects
$1,065,000
292 Design Group
Staff believes all three firms are well qualified to do the work. Following an internal review, 292 Design
Group received the strongest support for the project due in part to their team and team continuity, work
plan deliverables, project schedule, understanding of project scope, and revised fee. Staff felt that 292
Design Group assembled an exceptionally strong and proven team of experts – in fact, the same team
proposed for Elk River just completed the $30.4 million Shakopee Ice Arena and Community Center
renovation project.
Following approval, 292 Design Group will need to quickly begin schematic design to kick-off the
proposed compressed schedule to meet an April construction date timeframe. Staff is recommending a
Council Member join staff with the quick schedule. This will require a commitment of daytime meetings
and quick turnaround times.
Financial Impact
The 292 team announced in their formal proposal and during the interview that they were willing to
adjust their fee. Staff discussed an adjustment and they revised their fee to $1,065,000. The early total
project cost is currently estimated at $25 million, which includes:
- Ice Arena Barn Rink demolition and replacement
- Olympic Ice Rink retrofit and reconstruction
Community, locker room, training, and storage space
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
- Stormwater improvements
- Lions Park Center partial demo and storage/restroom updates
- Lion John Weicht Park ballfield additions
- Lion John Weicht Park parking improvements
Attachments
Agreement of Professional Services
Request for Proposals Professional Services “Exhibit A”
292 Design Group Proposal “Exhibit B”
292 Design Group Revised Fee Letter
13065 Orono Parkway
Elk River, MN 55330
ELK RIVER ICE ARENA AND LION JOHN WEICHT PARK
PROFESSIONAL SERVICES
THIS AGREEMENT (“Agreement”) is made this 2nd day of October, 2017, between the
City of Elk River, Minnesota (“City”), whose business address is 13065 Orono Parkway, Elk
River, MN 55330 and 292 Design Group (“Consultant”) whose business address is 3533
E. Lake Street, Minneapolis, MN 55406.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms, or
corporations providing such services enter into written agreements with the City. The
purpose of this agreement is to set forth the terms and conditions for the professional
services Consultant will provide in connection with the Design and professional services for
the Elk River Ice Arena and Lion John Weicht Park Facilities, herein referred to as the
“Work”.
The City and Consultant agree as follows:
1. Work. The Consultant agrees to provide the professional services described in
Exhibit “A”- Request for Proposal for Elk River Arena and Lion John Weicht Park
Faculties and Exhibit “B”- Proposal to the City of Elk River . Exhibit A and Exhibit
B are attached and herein referred to as (the “Work”).
2. Time for Performance of Services. The Consultant shall perform the services
described in Exhibit A according to the schedule attached as Exhibit B, hereto..
3. Compensation for Services. City agrees to pay the Consultant up to $1,065,000
for the Work. This fee does not include permit fees and construction document
printing. Any changes in the scope of the Work which may result in additional
compensation due to the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
4. The City agrees to provide the Consultant with the information required to complete
the Work.
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5. Method of Payment. The Consultant shall submit itemized bills for professional
services performed under this Agreement on a monthly basis. Bills submitted shall
be paid in the same manner as other claims made to the City.
6. Project Manager and Staffing. The Consultant has designated the individuals
identified in Exhibit B as the Project Manager to serve on the Project. The Project
Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Project in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of
the City.
7. Standard of Care. Standard of Care. Consultant shall exercise the same degree of
care, skill and diligence in the performance of the Work as is ordinarily exercised by
members of the profession under similar circumstances in Minnesota. Consultant
shall be liable to the fullest extent permitted under applicable law, without limitation,
for any injuries, loss, or damages proximately caused by Consultant’s breach of this
standard of care. Consultant shall put forth reasonable efforts to complete its duties
in a timely manner. Consultant shall not be responsible for delays caused by factors
beyond its control or that could not be reasonably foreseen at the time of execution
of this Agreement. Consultant shall be responsible for costs or damages arising
from unreasonable delays in the completion of the Work.
8. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents
reasonable access to such of the Consultant’s books and records as are pertinent to
the work performed under this Agreement. Any reports, information, data, etc.
given to, or prepared or assembled by, the Consultant under this Agreement which
the City requests to be kept confidential shall not be made available to any individual
or organization without the City’s prior written approval. All finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, and reports
prepared by the Consultant shall become the property of the City upon termination
of this Agreement, but Consultant may retain copies of such documents as records
of the services provided.
9. Term. The term of the Agreement shall be from October 3, 2017 through the end
of Construction Administration in June 2019. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the terms and conditions as herein stated.
10. Termination. This Agreement may be terminated by the Consultant effective upon
sixty (60) days’ written notice delivered to the City at the address written above. The
City may terminate this Agreement effective immediately, upon with notice to the
consultant. Upon termination under this provision, the Consultant shall be paid for
services rendered and reimbursable expenses until the effective date of termination.
If, however the City terminates this Agreement because the Consultant has failed to
perform in accordance with this Agreement, no further payment shall be made to the
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Consultant, and the City may retain another consultant to undertake or complete the
Work.
11. Independent Consultant. At all times and for all purposes herein, the Consultant
is an independent contractor and not an employee of the City. No statement herein
shall be construed so as to find the Consultant an employee of the City.
12. Non-Discrimination. During the performance of this Agreement, the Consultant
shall not discriminate against any employee or applicant for employment because of
race, color, creed, religion, national origin, sex, marital status, status with regard to
public assistance, disability, or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this
non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising
herein, without the prior written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not
within the scope of the Work shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof
is, for any reason, held by a court of competent jurisdiction to be contrary to law,
such decision shall not affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement shall be valid
only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to
the provisions of services to be provided. The Consultant and City, together with
their respective agents and employees, agree to abide by the provisions of the
Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and
Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided shall
constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
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18. Waiver. Any waiver by either party of a breach of any provision of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
19. Indemnification. Consultant agrees to defend, indemnify and hold harmless the
City and its officials, employees and agents from any liability, claims, damages, costs,
losses judgments, or expenses, including reasonable attorney’s fees, resulting directly
or indirectly from a negligent act or omission (including without limitation
professional errors or omissions) of the Consultant, its agents, employees, or
subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any
respect, all obligations under this Agreement.
20. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure,
maintain and pay for such insurance as will protect against claims for bodily
injury or death, or for damage to property, including loss of use, which may
arise out of operations by Consultant or by any subcontractor or by anyone
employed by any of them or by anyone for whose acts any of them may be
liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by
law. The policy(ies) shall name the City as an additional insured for the
services provided under this Agreement and shall provide that the
Consultant’s coverage shall be primary and noncontributory in the event of a
loss.
B. Consultant shall procure and maintain the following minimum insurance
coverages and limits of liability on this Project:
Workers Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive General
Liability $1,500,000 property damage and
bodily injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Complete
Operations Aggregate
$100,000 fire legal liability each
occurrence
$5,000 medical expense
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Comprehensive Automobile
Liability $1,000,000 combined single limit each
accident (shall include coverage for all
owned, hired and non-owned vehicles.
Umbrella or Excess Liability $1,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall
be equivalent in coverage to ISO form CG 0001, and shall include the
following:
a. Premises and Operations coverage with no explosions, collapse, or
underground damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to
maintain this coverage for a minimum of two (2) years following
completion of its work. Said coverage shall apply to bodily injury and
property damage arising out of the products-completed operations
hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG 0001 0196 Contractual Liability coverage, or its
equivalent.
e. Broad Form Property Damage coverage, including completed
operations, or its equivalent.
f. Additional Insured Endorsement(s), naming the “City of Elk River”
as an Additional Insured, on ISO form CG 20 10 07 04 or such other
endorsement form as is approved by the City.
g. If the Work to be performed is on an attached community, there
shall be no exclusion for attached or condominium projects.
h. “Stop gap” coverage for work in those states where Workers’
Compensation Insurance is provided through a state fund if
Employer’s liability coverage is not available.
i. Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the
City a certificate evidencing that they have in effect, with an insurance
company in good standing and authorized to do business in Minnesota, a
professional liability insurance policy. Said policy shall insure payment of
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damage for legal liability arising out of the performance of professional
services for the City. Said policy shall provide an aggregate limit of
$2,000,000. Said policy shall not name the City as an insured.
E. Consultant shall maintain in effect all insurance coverages required under this
Agreement at Consultant’s sole expense and with insurance companies
licensed to do business in the state in Minnesota and having a current A.M.
Best rating of no less than A-, unless specifically accepted by City in writing.
In addition to the requirements stated above, the following applies to the
insurance policies required under this Paragraph:
a. All policies, except the Professional Liability Insurance policy, shall
be written on an “occurrence” form (“claims made” and “modified
occurrence” forms are not acceptable);
b. All policies, except the Professional Liability Insurance policy, shall
be applied on a “per project” basis;
c. All policies, except the Professional Liability Insurance and Worker’s
Compensation Policies, shall contain a waiver of subrogation naming
“the City of Elk River”;
d. All policies, except the Professional Liability Insurance and Worker’s
Compensation Policies, shall name “the City of Elk River” as an
additional insured;
e. All policies, except the Professional Liability Insurance and Worker’s
Compensation Policies, shall insure the defense and indemnity
obligations assumed by Consultant under this Agreement; and
f. All policies shall contain a provision that coverages afforded
thereunder shall not be canceled or non-renewed, nor shall coverage
limits be reduced by endorsement, without thirty (30) days prior
written notice to the City.
A copy of the Consultant’s Certificate of Insurance which evidences
the compliance with this Paragraph 20, must be filed with City prior to
the start of Consultant’s Work. Upon request, a copy of the Consultant’s
insurance declaration page, Rider and/or Endorsement, as applicable shall be
provided. Such documents evidencing Insurance shall be in a form
acceptable to City and shall provide satisfactory evidence that Consultant has
complied with all insurance requirements. Renewal certificates shall be
provided to City prior to the expiration date of any of the required policies.
City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and
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receipt thereof shall not relieve Consultant from, nor be deemed a waiver of,
City’s right to enforce the terms of Consultant’s obligations hereunder. City
reserves the right to examine any policy provided for under this paragraph.
F. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to
provide the specified insurance, then Consultant will defend, indemnify and
hold harmless the City, the City’s officials, agents and employees from any
loss, claim, liability and expense (including reasonable attorney’s fees and
expenses of litigation) to the extent necessary to afford the same protection
as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event
giving rise to a claim which would have been covered by the specified
insurance) is attributable to the negligent or otherwise wrongful act or
omission (including breach of contract) of Consultant, its subcontractors,
agents, employees, or delegates. Consultant agrees that this indemnity shall
be construed and applied in favor of indemnification. Consultant also agrees
that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all
applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may
require Consultant to:
a. Furnish and pay for a surety bond, satisfactory to the City,
guaranteeing performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity
from Consultant’s insurance company.
Consultant will take the action required by the City within fifteen (15) days of
receiving notice from the City.
21. Records Access. The Consultant shall provide the City access to any books,
documents, papers, and records which are directly pertinent to the specific contract,
for the purpose of making audit, examination, excerpts, and transcriptions, for three
years after final payments and all other pending matters related to this contract are
closed.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”)
shall become the property of the City. The City may use the Information for its
purposes and the Contractor also may use the Information for its purposes. Reuse
of the Information for the purposes of the project contemplated by this Agreement
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(“Project”) does not relieve any liability on the part of the Contractor, but any reuse
of the Information by the City or the Contractor beyond the scope of the Project is
without liability to the other, and the party reusing the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom.
23. Subcontractor. The Consultant shall not enter into subcontracts for services
provided under this Agreement except as noted in Exhibit B, without the express
written consent of the City. The Consultant shall pay any subcontractor involved in
the performance of this Agreement within ten (10) days of the Consultant’s receipt
of payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay
interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per
month or any part of a month. The minimum monthly interest penalty payment for
an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100,
the Consultant shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
Consultant shall be awarded its costs and disbursements, including attorney’s fees,
incurred in bringing the action. In addition, no subcontractor can file a lien against
the City.
24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from
or related to this Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal
or equitable actions by either party. Unless the parties agree otherwise, the
mediation shall be in accordance with the Commercial Mediation Procedures of the
American Arbitration Association then currently in effect. A request for mediation
shall be filed in writing with the American Arbitration Association and the other
party. No arbitration or legal or equitable action may be instituted for a period of
ninety (90) days from the filing of the request for mediation unless a longer period of
time is provided by agreement of the parties. Cost of mediation shall be shared
equally between the parties. Mediation shall be held in the City of Elk River unless
another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a Mediated Settlement
Agreement, which Agreement shall be enforceable as a settlement in any court
having jurisdiction thereof.
25. Conflicts. No salaried officer or employee of the City and no member of the City
Council of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the Agreement void. Any
federal regulations and applicable state statutes shall not be violated.
26. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
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27. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes all prior communications, understandings and agreements relating to
the subject matter hereof, whether oral or written.
28. Governing Law. This Agreement shall be controlled by laws of the State of
Minnesota. Executed as of the day and year first written above.
City of Elk River
____________________________________
Mayor
____________________________________
City Clerk
292 Design Group
By:_________________________________
Its:_________________________________
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Request for Proposals
Professional Services
Elk River Ice Arena and Lion John Weicht Park Facilities
Section I General Information
All correspondence regarding this Request for Proposal (RFP) must be addressed to:
Michael Hecker, CPRP
Parks and Recreation Director
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
mhecker@ElkRiverMN.gov
All questions must be received before 4:30 p.m., September 11, 2017.
Proposals will be accepted until 4:00 p.m. on Thursday, September 14, 2017.
Please submit five (5) hard copies and one (1) pdf copy of your firm's proposal.
Acceptance of Proposal Contents
The contents of this RFP and attached information provided to the proposer will be included as part of the
contractual obligations if a contract ensues. All information in the proposal is subject to disclosure under
the provisions of Minnesota Statutes Chapter 13 — Minnesota Government Data Practices Act.
Proposed Milestone Timeline
Submission of proposals
Consultant approved by City Council
Schematic design completed
Construction documents completed
Construction Begins
Project Overview
4:00 p.m., September 14, 2017
October 2, 2017
November 1, 2017
February 1, 2018
April 2018
The intent of this request is to obtain the services of a qualified architectural firm, hereinafter referred to as
the "consultant" to perform consultant services for the City of Elk River, Minnesota, hereinafter referred
to as the "city." Services of a multi -disciplinary team with extensive experience in the design of ice arena
facilities, park design, landscaping, and construction plan experience is required to assist staff for the
elements outlined in this proposal. Anticipated disciplines should include landscape architecture, civil
engineering and structural engineering. Said improvements are shown in the attached concept plans.
Request for Proposals
Elk River Arena and Lion John Weicht Park Facilities Page 2 of 8
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The city completed a Community Center Feasibility Study adopted by City Council on July 18, 2016, which
considered three park and recreation buildings at the end of their expected lifespan and require substantial
improvements to continue operations. The study reviewed facility replacement with a single multipurpose
facility, enhancements/expansion on two or more of the existing sites and basic mechanical, structural and
aesthetic upgrades to the three facilities — the Elk River Ice Arena, the Senior Activity Center and Lions
Park Center.
The City Council selected the option to construct a single, new, multipurpose facility provided a successful
communitywide referendum. The referendum failed by 818 votes (6.52%) with 12,528 votes cast during
the 2016 General Election.
In January of 2017, the City Council directed staff to begin review for the second option recommended by
the task force, enhancing the existing Senior Activity Center space and the Ice Arena and providing for
additional community activity and programming space. City and school district representatives met to
discuss the high school campus and athletic facility improvements following the results of an ISD #728
Facility Task Force. 292 Design Group and JLG Architects provided facility concepts for the Elk River Ice
Arena and Lions Park.
The result was to reconstruct an improved ice arena with anticipated opportunity for future growth and
expansion, as well as adding community space on the existing site near the high school. The building
footprint would encroach on the high school softball field requiring the replacement and relocation of the
field at Lion John Weicht Park. New concepts for two new softball fields at the park were completed by
JLG Architects. The new concepts include updating and renovating Lions Park Center as a support
facility.
Plans for the Activity Center are not part of this project. Additional options for the Activity Center are
under review by city staff.
Section 2 Project Description
The consultant services to be performed are for architectural design and professional services for the Elk
River Ice Arena and Lion John Weicht Park improvements including: schematic design; final architectural
and site design; construction documents; bidding and construction administration.
Elk River Ice Arena Description
The Ice Arena, located next to Elk River High School at 1000 School Street, consists of two ice rinks
constructed in different eras. The original "Barn" is a pre-engineered metal building constructed by
volunteers in 1971. It has a 195 x 85 ice sheet with seating for 400 spectators.
In 1996, the city constructed an addition with a 200 x 100 Olympic -sized rink. The support spaces within
this area are undersized, poorly laid out, and deficient in finishes and amenities. They were undersized to
meet budget constraints. The construction is a precast concrete and steel structure and is referred to as the
"Olympic" with seating for 1,200.
Lions Park Center Description
Lions Park Center, located in Lion John Weicht Park, includes office and storage space, restrooms, food
preparation and a high bay multipurpose, meeting/activity space. The meeting/activity space is eliminated
Request for Proposals
Elk River Arena and Lion John Weicht Park Facilities
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Page 3 of 8
in the proposed design. The facility was built in 2002 by the Lions Club and donated to the city and is
constructed of concrete block walls with a wood -framed roof.
The Center's mechanical and structural systems are in need of repair/replacement and corrections needed
to mitigate moisture intrusion/condensation within the walls of this facility. The park's playground and
amphitheater shall be removed to increase parking lot size and accommodate the athletic fields.
Section 3 Overall Scope of Services
The consultant shall report to and take direction from city staff as directed by the City Council. The city
seeks to employ an architectural firm that exhibits the following characteristics:
1. Strong design and construction experience with recent examples of similar new or renovation
projects involving ice arenas in a setting similar to Elk River.
2. A willingness to participate in a collaborative project team that will include key city staff and
representatives from the School District ISD #728.
3. Willing to partner with elected officials in the design and planning of the arena and park facilities.
The successful proposal should include a detailed scope and budget estimate for all services as outlined in
this RFP. Each element must be broken out as a separate item.
The city seeks innovation, uniqueness and ingenuity in scope of services. Recommended changes to the
scope, budget and time frames should be identified will be considered.
The consultant shall include in the design:
1. Two ice surfaces that can operate independently or simultaneously to include concrete floors and
hockey board systems designed for 200 x 85 NHL -sized rinks.
2. High school team rooms for both girls and boy teams to accommodate up to 35 players each and
will include separate shower areas and storage. Coach's rooms, storage and referee rooms also need
to be a part of the design.
3. Locker rooms to serve the future outdoor ice sheet.
4. Dry floor and/or programming areas in the arena defined by the parks and recreation staff for
programming and other events.
5. Community meeting rooms and birthday party rooms for rentals and programming.
6. Mechanical/Zamboni rooms for two Zambonis to jointly service the two ice sheets and a future
third sheet.
7. Lobby area for large events that can be operated independent from each ice rink or simultaneously.
8. Collaboration with city staff and school district representatives to design a concessions and restroom
facilities as an extension of the new rink to service the athletic facilities at the high school.
9. Lions Park Center improvements to the existing bathrooms, building structure and HVAC system.
Request for Proposals
Elk River Arena and Lion John Weicht Park Facilities
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10. Lion John Weicht Park with a new separate shelter accommodating up to 100 people for events
programs and rentals offering access to restrooms at Lions Park Center.
Management Services
Management services rendered shall include as a minimum:
1. Assistance in defining the maximum utilization of project resources in completing the scope of
services, taking into account budget and time frame constraints.
2. Coordination, preparation and delivery of monthly project reports to include sequencing and
coordination with the city and school staff regarding construction and building footings.
Schematic design and Preliminary Cost Estimating
The consultant shall:
1. Complete schematic design of building options to accommodate future needs including but not
limited to: interior and exterior architectural character; interior space relationships, movements and
function; HVAC, electrical, fire protection, lighting, and mechanical systems; structural systems; staff
and customer accessibility including handicap accommodations; and energy efficiency.
2. Complete site master planning including but not limited to site layout, site traffic flow and access,
site grading, storm water design, irrigation and utility extensions and/or relocations.
3. Complete preliminary cost estimates for schematic design options.
4. Planning process shall include following city development requirements and processes that include
preparation of required submittals and presenting at Parks and Recreation Commission, Planning
Commission and City Council meetings.
Design Development and Preparation of Construction Documents
The consultant shall include:
Architectural design development of a preferred option. Design shall utilize the principles set forth
in the Minnesota Sustainable Building Guidelines checklist.
2. Detailed cost estimating throughout the project.
3. Preparation of construction documents for public bidding including all necessary plans and
specifications conforming to all applicable laws, statutes, city ordinances, building codes and other
industry requirements.
4. Include all necessary site and topographic surveys necessary to complete the preparation of
construction documents.
5. Include all soil analysis necessary to complete the preparation of construction documents.
Construction soil analysis and testing shall be considered under a different service proposal when all
items are known after completion of the design.
6. Assist the city in the development of an RFP for a Construction Manager or Construction Manager
At Risk.
Request for Proposals
Elk River Arena and Lion John Weicht Park Facilities
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7. Assist the construction manager with final cost estimating as necessary.
8. Assist the construction manager throughout construction with questions related to interpreting the
project plans and specifications.
9. Project design and staging to consider necessary accommodations to minimize disruptions to
services and operations
10. Preparation of as -built drawings for the arena and site including documenting all modifications made
during construction.
This RFP assumes a separate construction manager will complete the cost estimating and manage the
bidding and construction aspects of the project.
Construction management services anticipated to fully complete and construct the project as designed
including the following:
1. Detailed cost estimating throughout the construction.
2. A perspective on cost, quality and value to provide the city with the best information possible in the
development of the building process.
3. Execution of multiple bid packages to fast track the project to minimize impacts to ice arena
operations.
4. Identification of lead time concerns and costs control methods during the design process.
Section 4 Proposals
The proposal shall contain the type of information summarized below. Additional information is
allowable, providing it is directly relevant to the proposed project.
Proposal Format
The submittal should follow the Table of Contents listed below:
1. General Firm Introduction (include your firms expertise on the subject of this project)
2. Project Understanding
3. Project Approach
4. Proposed Project Team and Experience
5. Schedule
6. Any Additional Information as Needed
7. Total Consultant Cost
8. Insurance Certificate
A brief description of each section is as follows:
1. General Firm Introduction
Give general information and a brief history of the consulting firm. State whether the consultant is
registered and licensed to perform architectural work in the State of Minnesota. Include similar
information on key sub -consultants, if any, proposed for the project.
Request for Proposals
Elk River Arena and Lion John Weicht Park Facilities Page 6 of 8
--------------------------
2. Project Understanding
Include a summary of the consultant's understanding of this project.
3. Project Approach
Provide specific approaches, methods, and assumptions to be utilized to accomplish each work item.
4. Proposed Project Team and Experience
■ List at least three similar public ice arena facilities recently completed by your firm.
■ For each of these projects list the date of completion, the total square footage, the total project
cost, the construction time frame, the project designer and project manager. Provide a
statement of whether or not the person responsible for each project is still employed by your
firm.
■ For each of these projects, list a reference who we can contact. Include a currently employed
contact person, his/her title, telephone number and identify their role in the process.
■ Provide additional information on the lead person responsible for the design of the rink
package. This includes the piping, floor, refrigeration system, etc.
■ Discuss how engineering services will be performed. Identify key staff that will be committed to
the project, their qualifications, experience and specific areas of expertise.
■ Identify the lead landscape architect who will be responsible for arena exterior and Lion John
Weicht Park designs.
5. Schedule
The project will begin as soon as a consultant is selected and consultant shall propose a schedule
showing how this project will be delivered following the proposed time line on page one. The
schedule shall include a list of key tasks within each phase, key milestones and approximate dates,
and deliverables.
6. Any Additional Information as Needed
Include any information believed pertinent but not specifically requested elsewhere in this RFP.
7. Total Consultant Cost
The consultant cost should be separated as follows:
a. Not to Exceed Cost.
b. Hourly rates for all consultant employees expected to work on the project. These rates shall be
the agreed upon costs for any additional services requested by the city above what is detailed in
the RFP to include meetings with staff and public meetings with the City Council.
c. Reimbursable costs including detail of service or item and applicable charge per unit. Proposals
without a Not to Exceed Cost will be disregarded without further consideration. It is the
proposer's responsibility to accurately predict the amount of time required for services.
8. Insurance Certificate
Indicate ability to provide all necessary insurance certificates.
Request for Proposals
Elk River Arena and Lion John Weicht Park Facilities Page 7 of 8
--------------------------
Section 5 Consultant Selection
Proposals will be reviewed and evaluated by city staff and based on the following criteria:
1. Consulting firm and key project staff experience.
2. Proven track record in successfully completing similar projects on time and within budget.
Successful experience of both the firm itself and the individual team members will be considered.
3. Proposed approach to completing the project.
4. Consultant's familiarity with engineering firms, refrigeration companies and landscape architecture.
5. Proposed project schedule.
6. Proposed consultant cost.
Following review of the proposals, only selected firms will be asked to make oral presentations of their
proposals to city representatives. Upon conclusion of the presentations, staff will select a consultant to
negotiate a contract as follows:
1. If for any reason, a firm is not able to commence the services in that firm's proposal within 30 days
of the award, the city reserves the right to contract with another qualified firm.
2. The city shall not be liable for any expenses incurred by the consultant prior to the signing of a
contract including, but not limited to, the proposal preparation, attendance at interviews, and/or
final contract negotiations.
3. The proposal must be signed in ink by an official authorized to bind the consultant to its provisions
that will be included as part of an eventual contract. The proposal must include a statement as to
the period during which the proposal remains valid. This period must be at least 90 days from the
date of the submittal.
4. The city reserves the right to reject any and all proposals or to request additional information from
any or all of the proposing firms.
Section 6 Contract Terms and Conditions
Upon selection of a consultant, an Agreement or Contract for Services shall be entered into by the city and
the consultant. The standard city contract is attached. It is expected the contract will provide for
compensation for actual work completed on a not to exceed basis, with the following conditions.
1. Deletions of specific components, such as individual project meetings, will be at the discretion of
the city. Payment or reimbursement shall be made based on actual tasks completed on the project
plus necessary subcontractor work (as applicable) and out-of-pocket expenses. Billing that exceeds
the Not to Exceed amount will not be compensated unless a contract extension has been approved
in advance by the City Council.
Request for Proposals
Elk River Arena and Lion John Weicht Park Facilities
--------------------------
Page 8 of 8
2. The city shall retain ownership of all documents, plans, maps, reports and data prepared under this
proposal. In addition to being provided hard copies and digital documents throughout the project,
the consultant shall supply the city with a fully -scanned (Laserfiche) project file upon completion.
3. If, for any reason, the consultant is unable to fulfill the obligations under the contract in a timely and
proper manner, the city reserves the right to terminate the contract by written notice. In this event,
the firm shall be entitled to just and equitable compensation for any satisfactory work completed to
that point at the discretion of the Parks and Recreation Director.
4. The consultant shall not assign or transfer any interest in the contract without prior written consent
of the city.
5. The consultant shall maintain comprehensive general liability insurance in accordance with Section
466.04 of Minnesota Statutes.
The consultant shall defend, indemnify and hold harmless the city, its officials, employees and
agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including
attorney fees, arising out of or resulting from the consultant's (including its officials, agents, sub -
consultants or employees) performance of the duties required under the contract, provided that any
such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or
injury to or destruction of property including the loss of use resulting therefrom and is caused in
whole or in part by any negligent act or omission or willful misconduct of consultant.
7. The consultant contract shall be governed by the laws of the State of Minnesota.
8. Project summaries shall be submitted with each invoice during the course of the project. Each
summary shall detail the amount billed to date, outstanding work items with costs to completion,
and timelines. Invoices submitted to the city shall include a detailed breakdown of all chargeable
items for that period.
Section 7 Appendix
Elk River Arena and Lion John Weicht Park Concept Plans
Standard Professional Services Agreement
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River
13065 Orono Parkway
Elk River, MN 55330
ELK RIVER ICE ARENA AND LION JOHN WEICHT PARK
PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is made this day of _October_, 2017,_
between the City of Elk River, Minnesota ("City"), whose business address is 13065 Orono
Parkway, Elk River, MN 55330 and ("Consultant") whose
business address is
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms, or
corporations providing such services enter into written agreements with the City. The
purpose of this agreement is to set forth the terms and conditions for the professional
services Consultant will provide in connection with the Design and professional services for
the Elk River Ice Arena and Lion John Weight Park Facilities, herein referred to as the
"Work".
The City and Consultant agree as follows:
1. Work. The Consultant agrees to provide the professional services described in
Exhibit "A"- Request for Proposal for Elk River Arena and Lion John Weight Park
Faculties and Exhibit `B"- Proposal to the City of Elk River
Exhibit A
and Exhibit B are attached and herein referred to as (the "Work")
2. Time for Performance of Services. The Consultant shall perform the work set
forth in Exhibit B according to the schedule provided.
3. Compensation for Services. City agrees to pay the Consultant up to $ for the
Work. Any changes in the scope of the Work which may result in additional
compensation due to the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
4. The City agrees to provide the Consultant with the information required to complete
the Work.
Page 1 of 9 Standard Agreement For Professional Services
5. Method of Payment. The Consultant shall submit itemized bills for professional
services performed under this Agreement on a monthly basis. Bills submitted shall
be paid in the same manner as other claims made to the City.
6. Project Manager and Staffing. The Consultant has designated the individuals
identified in Exhibit B as the Project Manager to serve on the Project. The Project
Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Project in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of
the City.
7. Standard of Care. Standard of Care. Consultant shall exercise the same degree of
care, skill and diligence in the performance of the Work as is ordinarily exercised by
members of the profession under similar circumstances in Minnesota. Consultant
shall be liable to the fullest extent permitted under applicable law, without limitation,
for any injuries, loss, or damages proximately caused by Consultant's breach of this
standard of care. Consultant shall put forth reasonable efforts to complete its duties
in a timely manner. Consultant shall not be responsible for delays caused by factors
beyond its control or that could not be reasonably foreseen at the time of execution
of this Agreement. Consultant shall be responsible for costs or damages arising
from unreasonable delays in the completion of the Work.
8. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents
reasonable access to such of the Consultant's books and records as are pertinent to
the work performed under this Agreement. Any reports, information, data, etc.
given to, or prepared or assembled by, the Consultant under this Agreement which
the City requests to be kept confidential shall not be made available to any individual
or organization without the City's prior written approval. All finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, and reports
prepared by the Consultant shall become the property of the City upon termination
of this Agreement, but Consultant may retain copies of such documents as records
of the services provided.
9. Term. The term of the Agreement shall be from through
This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
10. Termination. This Agreement may be terminated by the Consultant effective upon
sixty (60) days' written notice delivered to the City at the address written above. The
City may terminate this Agreement effective immediately, upon with notice to the
consultant. Upon termination under this provision, the Consultant shall be paid for
services rendered and reimbursable expenses until the effective date of termination.
If, however the City terminates this Agreement because the Consultant has failed to
perform in accordance with this Agreement, no further payment shall be made to the
Page 2 of 9 Standard Agreement For Professional Services
Consultant, and the City may retain another consultant to undertake or complete the
Work.
11. Independent Consultant. At all times and for all purposes herein, the Consultant
is an independent contractor and not an employee of the City. No statement herein
shall be construed so as to find the Consultant an employee of the City.
12. Non -Discrimination. During the performance of this Agreement, the Consultant
shall not discriminate against any employee or applicant for employment because of
race, color, creed, religion, national origin, sex, marital status, status with regard to
public assistance, disability, or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this
non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
13. Assignment. Neither party shall assign this Agreement, not any interest arising
herein, without the prior written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not
within the scope of the Work shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof
is, for any reason, held by a court of competent jurisdiction to be contrary to law,
such decision shall not affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement shall be valid
only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to
the provisions of services to be provided. The Consultant and City, together with
their respective agents and employees, agree to abide by the provisions of the
Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and
Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided shall
constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
Page 3 of 9 Standard Agreement For Professional Services
18. Waiver. Any waiver by either party of a breach of any provision of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
19. Indemnification. Consultant agrees to defend, indemnify and hold harmless the
City and its officials, employees and agents from any liability, claims, damages, costs,
losses judgments, or expenses, including reasonable attorney's fees, resulting directly
or indirectly from a negligent act or omission (including without limitation
professional errors or omissions) of the Consultant, its agents, employees, or
subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any
respect, all obligations under this Agreement.
20. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure,
maintain and pay for such insurance as will protect against claims for bodily
injury or death, or for damage to property, including loss of use, which may
arise out of operations by Consultant or by any subcontractor or by anyone
employed by any of them or by anyone for whose acts any of them may be
liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by
law. The policy(ies) shall name the City as an additional insured for the
services provided under this Agreement and shall provide that the
Consultant's coverage shall be primary and noncontributory in the event of a
loss.
B. Consultant shall procure and maintain the following minimum insurance
coverages and limits of liability on this Project:
Workers Compensation
Employer's Liability
Comprehensive General
Liability
Statutory Limits
$500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
$1,500,000 property damage and
bodily injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products — Complete
Operations Aggregate
$100,000 fire legal liability each
occurrence
$5,000 medical expense
Page 4 of 9 Standard Agreement For Professional Services
Comprehensive Automobile
Liability
Umbrella or Excess Liability
$1,000,000 combined single limit each
accident (shall include coverage for all
owned, hired and non -owned vehicles.
$1,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall
be equivalent in coverage to ISO form CG 0001, and shall include the
following:
a. Premises and Operations coverage with no explosions, collapse, or
underground damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to
maintain this coverage for a minimum of two (2) years following
completion of its work. Said coverage shall apply to bodily injury and
property damage arising out of the products -completed operations
hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG 0001 0196 Contractual Liability coverage, or its
equivalent.
e. Broad Form Property Damage coverage, including completed
operations, or its equivalent.
£ Additional Insured Endorsement(s), naming the "City of Elk River"
as an Additional Insured, on ISO form CG 20 10 07 04 or such other
endorsement form as is approved by the City.
g. If the Work to be performed is on an attached community, there
shall be no exclusion for attached or condominium projects.
h. "Stop gap" coverage for work in those states where Workers'
Compensation Insurance is provided through a state fund if
Employer's liability coverage is not available.
i. Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the
City a certificate evidencing that they have in effect, with an insurance
company in good standing and authorized to do business in Minnesota, a
professional liability insurance policy. Said policy shall insure payment of
Page 5 of 9 Standard Agreement For Professional Services
damage for legal liability arising out of the performance of professional
services for the City. Said policy shall provide an aggregate limit of
$2,000,000. Said policy shall not name the City as an insured.
E. Consultant shall maintain in effect all insurance coverages required under this
Agreement at Consultant's sole expense and with insurance companies
licensed to do business in the state in Minnesota and having a current A.M.
Best rating of no less than A-, unless specifically accepted by City in writing.
In addition to the requirements stated above, the following applies to the
insurance policies required under this Paragraph:
a. All policies, except the Professional Liability Insurance policy, shall
be written on an "occurrence" form ("claims made" and "modified
occurrence" forms are not acceptable);
b. All policies, except the Professional Liability- Insurance policy, shall
be applied on a "per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming
"the City of Elk River";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Elk River" as an
additional insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity
obligations assumed by Consultant under this Agreement; and
f. All policies shall contain a provision that coverages afforded
thereunder shall not be canceled or non -renewed, nor shall coverage
limits be reduced by endorsement, without thirty (30) days prior
written notice to the City.
A copy of the Consultant's Certificate of Insurance which evidences
the compliance with this Paragraph 20, must be filed with City prior to
the start of Consultant's Work. Upon request, a copy of the Consultant's
insurance declaration page, Rider and/or Endorsement, as applicable shall be
provided. Such documents evidencing Insurance shall be in a form
acceptable to City and shall provide satisfactory evidence that Consultant has
complied with all insurance requirements. Renewal certificates shall be
provided to City prior to the expiration date of any of the required policies.
City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and
Page 6 of 9 Standard Agreement For Professional Services
receipt thereof shall not relieve Consultant from, nor be deemed a waiver of,
City's right to enforce the terms of Consultant's obligations hereunder. City
reserves the right to examine any policy provided for under this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to
provide the specified insurance, then Consultant will defend, indemnify and
hold harmless the City, the City's officials, agents and employees from any
loss, claim, liability and expense (including reasonable attorney's fees and
expenses of litigation) to the extent necessary to afford the same protection
as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event
giving rise to a claim which would have been covered by the specified
insurance) is attributable to the negligent or otherwise wrongful act or
omission (including breach of contract) of Consultant, its subcontractors,
agents, employees, or delegates. Consultant agrees that this indemnity shall
be construed and applied in favor of indemnification. Consultant also agrees
that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all
applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may
require Consultant to:
a. Furnish and pay for a surety bond, satisfactory to the City,
guaranteeing performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity
from Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of
receiving notice from the City.
21. Records Access. The Consultant shall provide the City access to any books,
documents, papers, and records which are directly pertinent to the specific contract,
for the purpose of making audit, examination, excerpts, and transcriptions, for three
years after final payments and all other pending matters related to this contract are
closed.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information")
shall become the property of the City. The City may use the Information for its
purposes and the Contractor also may use the Information for its purposes. Reuse
of the Information for the purposes of the project contemplated by this Agreement
Page 7 of 9 Standard Agreement For Professional Services
("Project") does not relieve any liability on the part of the Contractor, but any reuse
of the Information by the City or the Contractor beyond the scope of the Project is
without liability to the other, and the party reusing the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom.
23. Subcontractor. The Consultant shall not enter into subcontracts for services
provided under this Agreement except as noted in Exhibit B, without the express
written consent of the City. The Consultant shall pay any subcontractor involved in
the performance of this Agreement within ten (10) days of the Consultant's receipt
of payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay
interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per
month or any part of a month. The minimum monthly interest penalty payment for
an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100,
the Consultant shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
Consultant shall be awarded its costs and disbursements, including attorney's fees,
incurred in bringing the action. In addition, no subcontractor can file alien against
the City.
24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from
or related to this Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal
or equitable actions by either party. Unless the parties agree otherwise, the
mediation shall be in accordance with the Commercial Mediation Procedures of the
American Arbitration Association then currently in effect. A request for mediation
shall be filed in writing with the American Arbitration Association and the other
party. No arbitration or legal or equitable action may be instituted for a period of
ninety (90) days from the filing of the request for mediation unless a longer period of
time is provided by agreement of the parties. Cost of mediation shall be shared
equally between the parties. Mediation shall be held in the City of Elk River unless
another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a Mediated Settlement
Agreement, which Agreement shall be enforceable as a settlement in any court
having jurisdiction thereof.
25. Conflicts. No salaried officer or employee of the City and no member of the City
Council of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the Agreement void. Any
federal regulations and applicable state statutes shall not be violated.
26. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
Page 8 of 9 Standard Agreement For Professional Services
27. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes all prior communications, understandings and agreements relating to
the subject matter hereof, whether oral or written.
28. Governing Law. This Agreement shall be controlled by laws of the State of
Minnesota. Executed as of the day and year first written above.
City of Elk River
Mayor
City Clerk
By:
Page 9 of 9 Standard Agreement For Professional Services
Elk River Ice Arena
September14,2017
MichaelHecker
ParksandRecreationDirector
CityofElkRiver
13065OronoParkway
ElkRiver,MN55330
RE:RequestforProposalsforElkRiverIceArenaandLionJohnWeichtParkFacilities
DearMikeandSelectionCommittee:
292DesignGroupispleasedtosubmitourproposalandhopetoworkwiththeCityofElkRiver
ontheElkRiverIceArenaandLionJohnWeichtParkFacilities.Webelievethefollowingare
uniquequalificationsofourteam:
Since2011,292DesignGrouphasbeenworkingwiththeCityofElkRiveron
variousplanningstudiesfortheicearenaexpansionandrenovation.Forthisproject,wehave
assembledanexceptionallystrong,proventeamofexpertstoassistyou:StevensEngineers,
NelsonRudie&Associates,andAndersonJohnsonAssociates.Thisisthesameteamthatjust
completedthe$30.4MnewShakopeeIceArenaandCommunityCenterRenovationprojectΓa
projectverylikeyoursinscheduleandcomplexity.
BecauseofЋВЋƭhistorywiththisprojectandourexperienceof
designingover35icearenasacrossthecountryΓalongwithmultiplesportsfieldprojectsΓwe
havetheexpertisetodeliverfirstclassfacilities.Throughourexperience,wehavelearnedthe
importanceofworkingcloselywithcitystaffandstakeholdersinthedevelopmentofcommunity
facilities,andunderstandtheneedforthesefacilitiestooperateatthehighestleveltoprovide
thebestservicetothecommunity.
Becauseofourextensiveexperiencewithcommunityrecreationalfacilitieswe
understandthescopeofservicesrequiredtodeliverasuccessfulprojectandcanprovidethese
servicesforacompetitivefee.The292DesignGroupteamdoesnotwanttoloseacontract
basedonfee;therefore,ifaĭƚƒƦĻƷźƷƚƩƭfeeislowerthanourproposedfee,the292teamis
preparedtomatchtheĭƚƒƦĻƷźƷƚƩƭfeeandscopeofservices.292wouldliketoreviewand
discussthescopewiththeCitypriortocommittingtothisadjustmenttoensureanequivalent
andappropriatelevelofservice.
Ourteamisreadytostartontheseimportantprojects,andeachteammemberiscommittedto
providingElkRiverwiththepersonaldedicationitdeserves.WeknowourƷĻğƒƭrelevant
experienceandpassionforthisprojecttypewillmaketheseprojectsatruesuccess.We
appreciatetheopportunitytosubmitourqaulificationsandlookforwardtodiscussinghowwe
canassistyouinthissignificanteffort.
Sincerely,
TomBetti,AIA/NCARB
Partner
292DesignGroup
GENERAL FIRM INTRODUCTION
registered and licensed to perform
work in Minnesota.
Contact
Great Park Ice & Sports Complex,
Irvine, CA
Ice Den, Chandler, AZ
Ice Den -Phoenix Coyotes Training
MAYSA Ice Arena Expansion, Minot,
ND
Hopkins Ice Pavilion, Hopkins, MN
Proctor Ice Arena, Proctor, MN
Shakopee Ice Arena, Shakopee, MN
Maplewood, MN
of Minnesota-Duluth
Shakopee Community Center, MN
Minneapolis YWCA Facility
Castle Field, Ankoka, MN
The recently completed Chaska Curling & Event Center in Chaska, Minnesota. Completed in 2015, the center has been
recognized as a Top Project by Finance & Commerce and a magazine. It also
received an
| 292 |
GENERAL FIRM INTRODUCTION
Ice Systems Engineer l STEVENS ENGINEERS
Mechanical, Structural & Electrical Engineering l
Great Park Sports Complex, Irvine, CA
Hobbs Municipal Ice Center, Eau
Claire, WI
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dale, AZ
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neapolis, MN
Pasadena Ice Arena, CA
Shakopee Ice Arena, MN
St. Michael-Albertville Arena Renova-
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MN*
Lakeville Ice Arena, Lakeville, MN*
Maple Grove Ice Arena, Maple Grove,
MN*
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outh, MN*
St. Louis Blues Training Facility, St,
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PROJECT UNDERSTANDING
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PROJECT APPROACH & SCHEDULE
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Bidding &
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New arena complete February 2019
Renovated arena complete June 2019
the schedule slides in the design
every month the project slides, the
project loses 1/3 of a Zamboni!
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PROJECT APPROACH & SCHEDULE
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PROJECT APPROACH & SCHEDULE
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PROJECT APPROACH & SCHEDULE
Natural Light
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• Is easy to construct
• Is easy to maintain and service
• Will be constructed of durable and sustainable materials
• Will have infrastructure that exceeds minimum standards
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building footprint, etc.
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Cartoon by Sean Gallo Designs
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light, etc.
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systems, thermal storage, etc.
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PROJECT APPROACH & SCHEDULE
S
• Ice arena’s use a lot of energy, but they can reclaim that energy for
spaces and bleachers. Reclaimed heat has also been used to help dehumidify the ice
Sustainable Guidelines
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energy, sources that range from solar panels, to natural gas fuel cells, to wind energy. All
• Water that is used to make ice is reclaimed and used to cool the
•More glass is being used in ice arena design to allow greater amounts of
natural light into the arena space itself. Increased daylight reduces the amount of
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energy recovery units to capture the energy in the air that is leaving the building. The
energy recovery allows the exhaust air to transfer the heat or cold into the supply/fresh
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principles as outlined in the
Minnesota Sustainable Building
t.
Guidelines.
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land is not destroyed. Whenever possible, sites adjacent to schools, local government
are either closed or in minimal use. Shared parking allows for smaller parking lots. This
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process can divert up to 75% of waste from disposal.Commissioning services
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PROPOSED PROJECT TEAM & EXPERIENCE
Project Architect
Will provide interior Will provide project
document and Will lead consultant contact and oversee
team and provide
project design.
AJA
NRA
Will lead site and
Will lead mechanical
Will lead ice system
landscape design for
engineering design.
design and engineering.
the ice arena and
Lion John Weicht Park
designs.
are registered and
licensed to perform
work in Minnesota.
NRA
AJANRA
Will lead electrical
Will lead structural
Will lead civil engi
engineering design.
engineering design.
neering design.
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PROPOSED PROJECT TEAM & EXPERIENCE
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* Project completed by 292 Design Group partners and
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ice arena design and program consultant on this $80
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upgrades
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PROPOSED PROJECT TEAM & EXPERIENCE
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PROPOSED PROJECT TEAM & EXPERIENCE
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PROPOSED PROJECT TEAM & EXPERIENCE
Ice Systems EngineerMechanical Engineer
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PROPOSED PROJECT TEAM & EXPERIENCE
Electrical EngineerStructural Engineer
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• Lakeville Ice Arena
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PROPOSED PROJECT TEAM & EXPERIENCE
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• STMA High School
STMA Middle School East
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Fieldstone Elementary School
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Hassan Elementary School•
Twin Lakes Elementary School•
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Albany Elementary School
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PROPOSED PROJECT TEAM & EXPERIENCE
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$26.9 Million
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*July to November 2015 Design
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Michelle Maiers-Atakpu, Project Architect
Mike Woehrle, Mechanical Engineer
Joe Pearce, Structural Engineer
Jay Johnson, Landscape Architect
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Jamie Polley, CPRP
952-233-9514
jpolley@ShakopeeMN.gov
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PROPOSED PROJECT TEAM & EXPERIENCE
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PROPOSED PROJECT TEAM & EXPERIENCE
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•John Engelking
Superintendent of Schools
•Proctor Public Schools
Design: April to September 2017218-628-4934. cell 218-390-9860
jengelki@proctor.k12.mn.us
June 2018
•Steve Anderson
Business Manager, ISD 704
218-628-4934 x1016
Project Designersanderso@proctor.k12.mn.us
Michelle Maiers-Atakpu, Project
Architect
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PROPOSED PROJECT TEAM & EXPERIENCE
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Mike Woehrle, Mechanical Engineer
Joe Pearce, Structural Engineer
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952-548-6392
dolson@hopkinsmn.com
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PROPOSED PROJECT TEAM & EXPERIENCE
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Vice President, The Rinks
714-518-3201
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PROPOSED PROJECT TEAM & EXPERIENCE
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Chaska City Administrator
mpodhradsky@chaskamn.com
952.448.9200
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Top Project
a Facility of Merit
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PROPOSED PROJECT TEAM & EXPERIENCE
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PROPOSED PROJECT TEAM & EXPERIENCE
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Design: January to March 2014
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President, Coyotes Ice, LLC
602-980-7179
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PROPOSED PROJECT TEAM & EXPERIENCE
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Design: March to June 2011
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Mike Woehrle, Mechanical Engineer
Joe Pearce, Structural Engineer
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President, Coyotes Ice, LLC
602-980-7179
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PROPOSED PROJECT TEAM & EXPERIENCE
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Design: March to May 2016
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Jay Pomeroy, Landscape Architect
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651-748-2204
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PROPOSED PROJECT TEAM & EXPERIENCE
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Jay Pomeroy, Project Manager/Landscape Architect
Mike Woehrle, Mechanical Engineer
Joe Pearce, Structural Engineer
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Greg Lee, Public Services Director/City Engineer
City of Anoka
glee@ci.anoka.mn.us
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ADDITIONAL INFORMATION
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With our experience and
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able to hit the ground running
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exist for this project.
and surrounding community. It consists of an Olympic ice
February.
desires of their community. The study included market and
demographic analysis, needs assessment, programming,
opening on September 10.
Senior Leadership
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ADDITIONAL INFORMATION
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TOTAL CONSULTANT COST
Phased Fixed Fee
The 292 team does not
want to lose a contract based on fee
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INSURANCE CERTIFICATE
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292DesignGroup
minneapolis
September 22, 2017
Michael Hecker
Parks and Recreation Director
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: Revised Fee for Elk River Ice Arena and Lion John Weicht Park Facilities
Dear Michael and Selection Committee:
It was a pleasure presenting our qualifications to you this past week. As requested, 292 Design Group is
pleased to submit a revised proposal for the Elk River Ice Arena and Lion John Weicht Park Facilities. I
want to highlight a few things that separate us from the competition:
Team Continuity: Since 2011, 292 Design Group has been working with the City of Elk River on planning
the ice arena expansion and renovation through various studies. We have assembled an exceptionally
strong and proven team of experts that you met during the interview. This is the same team that just
completed the $30.4M new Shakopee Ice Arena and renovated Community Center project.
Designed and Built Ice Arenas: 292 and this team, specifically, have more designed and built ice arenas
than any of our competitors. Couple that with AJA's unbelievable resume of athletic fields, we will
deliver state of the art ice and field facilities. Jordan Valley Ice Arena, Chaska Curling Center, and
Grandview Community Center have won Athletic Business and AIA design awards. We expect Shakopee
Ice Arena and Community Center to be an award winner soon.
Revised Fee: Based on the question and answer period during the interview, and having a better
understanding of the project scope and the City's expectations we could reduce our fee. The entire
team pitched in and looked -for efficiencies in the scope and staffing of the project to streamline our
services. We believe this will still maintain the level of service the city and this project requires. In
return, we ask for cooperation with the city to help us provide efficient delivery of our services. For
example, this may include grouping meetings together or in certain cases utilizing technology such as
GoTo Meeting to hold online meetings when appropriate.
The 292 Design Team proposes a Phased Fixed Fee for the Elk River Ice Arena and Lion John Weicht Park
Facilities. We assumed a construction budget of $20,666,871. The fee below is inclusive of the following
reimbursable expenses: mileage, postage, printing associated with preparation of the project, and a
land survey. It does not include permit fees or construction document printing for bidding.
Assumed Construction Budget of $20,666,871
Management Services
3%
$31,950
Schematic Design
17%
$181,050
Design Development
20%
$213,000
Construction Documents
35%
$372,750
Bidding
5%
$53,250
Construction Administration
20%
$213,000
Total Architectural and Engineering Fee
100%
$1,065,000
612.767.3773 3533 E LAKE STREET MPLS, MN 55406
292DesignGroup
minneapolis
Our team is ready to start on these important projects, and each team member is committed to
providing Elk River with the personal dedication it deserves. We know our team's relevant experience
and passion for this project type will make these projects a true success. We appreciate the opportunity
to submit our revised fee and look forward to discussing how we can assist you in this significant effort.
Sincerely,
e I I l
Tom Betti, AIA / NCARB
Partner
292 Design Group
612.767.3773 3533 E LAKE STREET MPLS, MN 55406
Architectural Services
Ice Arena and Lion John Weicht Park
Flirting
Background
Elk River Ice Arena
The Barn 1972
The Olympic 1996
R22 refrigerant phase out
Structural and mechanical systems failure
Lions Park Center
Needs structural and mechanical improvements
Operational costs/program growth
Concepts/Evaluation
Multiple City Council facility discussions
2007 –RJM Design Options
2011 -292 Design completes renovation estimates
2012 -292 Concept Plan completed
2012 -Arena structural & systems analysis completed
2015 -Park Master Plan
2016 -Multipurpose Center Feasibility
Task Force Recommendation
Dating
Task Force and Feasibility Study
December 7, 2015 –Engaged JLG Architects
Appointed task force
Community engagement meetings
Community group input
Developed options
Improvement types
Site options
Feasibility Study Outcome
Three options –JLG Estimates
A.New Multipurpose Facility -$30-33M
B.Renovate, Expand/Reduce # Facilities -$23-32M
C.Repair, Replace Systems as needed -$20M
Council Action
July 18, 2016 –Council adopts Feasibility Plan
General Election Ballot Referendum
Multipurpose Facility & Park Improvements, $30M
Question #2 -$5M Domed Playfield
November 8, 2016, General Election
Election Referendum
Sought community support for new facility
Facility located on DAAC
Least disruptive to community organizations
Expected most representative voter turnout
November 8 General Election –12,528 votes cast
Bundling
Referendum failed by 818 votes (6.48%)
Option B
January 2017 -Council directed review of second option
Revisited 2012 -arena improvement concept
Feb -Apr -athletic field/collaboration with ISD #728
August 7, 2017 -CC directed RFP for ice arena remodel
and expansion
Ice Arena Concepts
Ice Arena Site
Lions Park Site Plan Concept
Task Force Option B
New ice plants
Added community space
Room for growth
Economic enhancements/revenue possibilities
Collaborative space with HS
Additional playfield/programming options
Stormwater/site improvements
The Engagement
Center of Attention
Commitment
Committed?
Committed!
Three Proposals Submitted and Firms Interviewed
HTG Architects$1,320,000
JLG Architects$898,000
292 Design$1,065,000
Preliminary Estimated Project Cost
$23-25 Million
Bonding
EDA Lease Levy
Tax Abatement GO Bonds
Taxpayer Impact
Early estimates begin at $85/yr. on $200,000 Home
Numerous repayment options
Taxpayer Impact
Numerous variables
Recommend not repeating past
City has funded capital costs outside of tax levy
Facilities paid by Gov. Buildings Reserve Fund
Library -$238K
Public Works -$438K
Public Safety -$250/$610K
Ice Arena -$200K
Taxpayer Impact
Absorbed MVHC (2009) -$400K
UHG Tax Abatement (2015) -$200K+
Surplus fund balance, staff vacancies (‘13-15) -$500K
LGA (2014) -$226K
Street Recon Bonds* ~$400K
General Fund Levy
11,500,000
11,000,000
10,500,000
Levy
10,000,000
9,500,000
9,000,000
2008200920102011201220132014201520162017
Community Growth
Average 5% since recession
New housing starts
School district demographics
Spectrum school expansion
Youth athletic association needs
Planning/Design
292 Design Group
Team Continuity –familiar with Elk River
Understanding of project scope
Work Plan deliverables with compressed schedule
Revised fee
Project Team Experience
Same team as Shakopee $30.4M project
Ice arena experience
292 Design Team
292 Design Group
Proposed Project Schedule
Project Schedule
OctoberSchematic Design & Cost Estimating
NovemberDetermine Contracting Method
DecemberDesign Development
Jan-Feb ’18Construction Documents
Late FebBidding & Contractor Selection
April ’18Construction Begins
Feb ‘19 New Arena Complete
June ‘19 Arena Renovation Complete
Action Requested
Recommend, by motion, the Agreement for Professional
Services to hire 292 Design Group to complete architectural
services to include:
Schematic Design and Preliminary Cost Estimating
Design Development
Construction Documents
Bidding and Construction Administration
Select Council Member Liaison
Happily Ever After