Loading...
6.5. SR 11-07-2005 Item #6 . 5 _ MEMORANDUM TO: Mayor and City Council Chris Leeseberg, Park Planner Ct:" DATE: November 7, 2005 FROM: SUBJECT: Elk River Library Site Feasibility Study Request The Library Board began their process for a Site Feasibility Study to determine which of three sites is best suited for the library program. On October 4, 2005 the Library Board interviewed three architectural firms: Kl<E architects, Kodet architects and Tushie- Montgomery architects. The Library Board unanimously selected Kl<E architects to provide these services. Kl<E has submitted a contract to provide the identified site analysis and recommendation for a fixed fee of $7,800. Recommendation Staff recommends that the City Council approve the contract to proceed with KKE architects for the Site Feasibility Study for the Library program. Planning Department Mission: the orderly development of a livable and sustainable Elk River community. KK- arch itects KKE Architects, Inc. 300 first avenue north minneapolis,mn 55401 612/339-4200 612/342-9267 fax www.kke.com NOV 3 200S TM November 3, 2005 Mr. Bill Maertz Director of Parks and Recreation City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 Subject: Elk River Library Site Feasibility Study KKE 0606.9900.01 Dear Mr. Maertz: Enclosed are two copies of a letter of agreement for phase I - site analysis and feasibility study. We Cire very pleased to have been selected for this work and are prepared to begin immediately and deliver a recommendation in approximately four weeks. The letter proposal addresses your immediate needs and reflects our discussions regarding the site analysis and selection process. We proposed a fix fee and anticipate that the work initiated will apply to the design phases to follow. As the scope and the program of requirements are developed, a formal standard form of agreement will be provided. We will proceed on the basis of this letter of agreement until such time as a site has been selected and a preliminary budget established. We are excited to proceed with this work. Please return one signed copy of the agreement at your earliest opportunity. Thanks in advance for your help and consideration, Sincerely, KKE Architects, Inc. 1l1~~ Principal, Senior Project Architect kwh Copy To: Bob Mayeron, Jody Perfetti minneapolis las vegas newport beach irvine pasadena expanding the vision'" KK arch itects KKE Architects, Inc. 300 first avenue north minneapolis, mn 55401 612/339-4200 612/342-9267 fax www.kke.com ORIGINAL TM November 3,2005 Mr. Bill Maertz Director of Parks and Recreation City of Elk River 13065 Orono Parkway Elk River, MN 55330 Subject: Elk River Library Site Feasibility Study KKE: 0606.9900.01 GRRL Dear Mr. Maertz: We are very excited about being selected for architectural and engineering services for a proposed new or expanded library in Elk River. It is our understanding that the Library will be owned by the City of Elk River and operated by the Great River Regional Library System (GRRL). Based on our meeting and conversation on October 14th, it is our understanding that 3 sites for the proposed library expansion or new construction are being considered. KKE Architects is pleased to submit the following agreement for the site analysis and feasibility phase of the project for signature and approval. PROJECT DESCRIPTION In preparation for the design phases, an initial Site Feasibility Study has been requested to determine which of three sites is the best suited for the proposed library program. The work provided by KKE Architects in this phase of the work is to analyze and recommend a site for the library. The three specific sites for consideration are identified in Appendix E of this letter of agreement and are as follows: · Existing Library Site/ 413 Proctor Avenue, Elk River . Elk River City Hall Site/ North Location, Elk River . Elk River City Hall Site/ South Location, Elk River To make a profeSSional recommendation, this planning effort will first gather available information. Site information with then be reviewed and a comparative analysis between the three sites will be prepared. Included in the analysis will be an evaluation of site criteria such as adjacencies, zoning, utilities, access, size and topography, and preliminary program requirements. The analysis will result in the preparation and communication of one formal recommendation regarding site selection and use for the project. Delivery of the recommendation is anticipated to be delivered within four weeks of the acceptance of this agreement. PROFESSIONAL SERVICES KKE Architects will provide professional services to analyze available site data and conditions and to prepare a comparative evaluation of three designated sites. A preliminary program of requirements will be prepared to identify the building and site features anticipated. Site features and elements will be compared relative to the program of requirements as well as for inherent existing site features. minneapolis las vegas newport beach irvine pasadena expanding the vision'. Great River Regional Library KKE 0606.9900.01 November 3, 2005 Page: 2 Program of Requirements In order to establish/validate the library project scope, based on a needs assessment we anticipate an ongoing dialogue with GRRL to incorporate the following information: . Current and projected collection Information . Projected staffing needs and goals . Site amenities / book drop, outdoor reading rooms, parking . Technology goals / going wireless, lifelong learning . Virtual library service plan - plan impacts . Identify user groups to identify spatial and operational needs and desires . Impacts of being a "Hub" library . Re-imagining the library Site Analysis In order to review the specific site requirement for the library project, site conditions and features will be identified for comparison. Owner provided data will be evaluated on a comparative basis identifying the needs suggested by the preliminary program of needs versus existing conditions. . Site area and boundaries . Existing topography, drainage . Existing built conditions . Soils and geological data . Wetlands or flood setbacks . Existing landscape features . Existing traffic and parking patterns . Availability of utilities . Site access, circulation, proximity . Adjacencies and proximities . Special maintenance requirements . Aesthetic qualities of the sites City Provided Data The final recommendation will be a response to the program, the budget, and also include inclusion of the following for consideration: . Site descriptions, and survey of each site, containing property lines and all easements . Topographical information for each site . Soil conditions and any geotechnical evaluations . Delineated wetlands and/or flood setbacks . Arborist Identification of all protected species within each site . Any traffic studies or history related to site access . Location of utilities on and adjacent to sites . Description/applications of permitting process . Land value assessments - if any . Demographics and projected growth . Contamination survey information . Archaeological clearances if required Great River Regional Library KKE 0606.9900.01 November 3, 2005 Page: 3 No statement of probable cost will be prepared. Extra ordinary cost features identified for any of the sites will be identified for comparison purposes. The final recommendation will be a response to the program, the probable cost impacts, and a report of the data and findings. The findings and recommendation will be provided in written and graphic formats suitable for reproduction and distribution. The necessary visual and text materials will appropriately accompany formal presentations of the recommendation. COMPENSA TlON AND CONDITIONS This letter is to formalize the proposal for planning services until such time as the scope, scale, and detail of the project has been determined. Upon initial approval of the program of requirements, the selection of a site, and the determination of a project budget, KKE Architects and the City of Elk River will enter into a formalized design agreement for the balance of the project using standard AlA Owner/Architect Agreement B 141. Design work is scheduled to officially begin following the site selection with initiation to be in January 2006. KKE Architects agrees to provide the identified site analysis and recommendation for a fixed fee of Seven Thousand Eiqht Hundred Dollars and no cents ($7.800.00), including programming, architectural and site analysis services. KKE Architects will retain ownership to any and all documents. Any services beyond architectural planning (such as cost estimation, or engineering) are not included. Stopping or delaying the planning process for more than six (6) months will require payment of KKE fees accumulated until the date of notification. In order for you to understand the on-going extent of our efforts we will be sending you monthly invoices up to the maximum agreed amount. Invoices will include the number of hours involved and the hourly rate. The attached Appendix A shows our hourly rate charges. We would also propose that our out-of-pocket expenses as listed on Appendix B be reimbursed on a monthly basis. Conditions of the agreement are identified in Appendix C and services provided with limitations of services are identified in Appendix D attached to and made a part of this agreement. The identified three sites are illustrated in Appendix E attached to this agreement. 3~S-- Acceptance: CITY OF ELK RIVER By: Dated Title: kwh Cc: Jodi Perfetti, Bob Mayeron Great River Regional Library KKE 0606.9900.01 November 3,2005 Page: 4 CITY OF ELK RIVER GREAT RIVER REGIONAL LIBRARY SITE ANALYSIS AND RECOMMENDATION KKE NO. 0606.9900.01 APPENDIX A PREVAILING HOURLY RATES Position Rate Per Hour Student Intern Cadd Tech I Interior Design 1 Cadd Tech 2 Interior Design 2 Cadd Tech 3 Project Designer Job Captain Job Captain (P) Designer Designer 2 Project Architect Specifications Writer Senior Job Captain (P) Project Manager Senior Project Architect Senior Designer Associate Senior Interior Designer Director of Interior Design Specification Writer/Senior Associate Senior Associate Senior Associate/Special Senior Principal $45.00 50.00 - 65.00 60.00 - 65.00 65.00 - 75.00 65.00 - 75.00 75.00 - 85.00 70.00 85.00 85.00 85.00 90.00 100.00 100.00 110.00 110.00 110.00 110.00 110.00 115.00 135.00 150.00 150.00 150.00 - 175.00 200.00 Effective March 14, 2005 Subject to Periodic Adjustment Great River Regional Library KKE 0606.9900.01 November 3,2005 Page: 5 CITY OF ELK RIVER GREAT RIVER REGIONAL LIBRARY SITE ANALYSIS AND RECOMMENDATION KKE NO. 0606.9900.01 APPENDIX B PREVAILING REIMBURSABLE EXPENSES Description Cost Blueprints* Drafting Mylars* Foam Core Boards* Photocopy Color Copies (8% x 11) Color Copies (11 x 17) Fax Photocopy Stickyback Technical Typist Photo Ready Publishing Specification Diskettes Mileage Parking Other Transportation Meals/Lodging Long-Distance Telephone Postage/Delivery Charges Model, Sample, Rendering Materials/Su pplies Codes/Ordinances Legal Consultants CAD Equipment Usage Color Plotter Electrostatic Plotter E Size Usage Sales Tax, If Applicable $.35 - 1.55 1.50 - 8.00 4.00 - 14.00 .20 $2.00/Copy Plus Set Up $3.00/Copy Plus Set Up .50/page 1.50 40.00/hour $85/8%" x 11" Face 10.00 .36/mile As billed to KKE As billed to KKE As billed to KKE As billed to KKE As billed to KKE As billed to KKE As billed to KKE As billed to KKE As billed to KKE Cost plus 25% 20;00/hour $10/SF 15.00/sheet As billed to KKE Project reimbursable costs will be charged at cost plus 10%. *Depending on size Effective August 12, 2002 Subject to Periodic Adjustment Great River Regional Library KKE 0606.9900.01 November 3, 2005 Page: 6 CITY OF ELK RIVER GREAT RIVER REGIONAL LIBRARY SITE ANALYSIS AND RECOMMENDATION KKE NO. 0606.9900.01 APPENDIX C GENERAL CONDITIONS Section 1: Services and Compensation 1.1 KKE Architects, Inc., a Minnesota business corporation (hereinafter called KKE), will perform services as defined in the Agreement, and CLIENT will pay for those services as agreed. KKE will provide additional services as requested or which are necessary, and CLIENT will pay for those services at the rates shown in Appendices A and B. CLIENT will pay the balance stated on the invoice unless CLIENT notifies KKE in writing of the particular item that is alleged to be incorrect within fifteen (15) days from the invoice date. CLIENT will pay any tax on professional services now in force or imposed in the future. Section 2: Responsibilities 2.1 KKE will not be responsible for the failure of others to perform in accordance with the specifications or contract documents, and KKE's services shall in no way relieve others of their responsibilities. 2.2 For work not on KKE premises, KKE will not be responsible for superintending, supervising, or directing work of Contractors or others; or for job or site safety, those being the sole responsibility of others. 2.3 CLIENT will make available to KKE all known information regarding existing and proposed conditions of the site and undertaking. Section 3: Reports/Drawings 3.1 Drawings, reports, notes, calculations, and other documents, as instruments of service, shall remain KKE's property. If CLIENT does not pay for KKE's services as agreed, CLIENT agrees that all reports and other work will be returned to KKE upon demand, and that reports/drawings and other work will not be used by CLIENT for any purpose whatsoever. Section 4: Payment, Interest, and Breach 4.1 CLIENT agrees to pay invoices on receipt, and to pay interest on unpaid balances beginning thirty (30) days after invoice date, at the lower of 1.5 percent per month or the maximum rate allowed by law. CLIENT acknowledges that KKE's billing rates and charges are subject to periodic adjustment, and CLIENT agrees to pay for services at the rates and charges in effect at the time invoices are mailed. 4.2 CLIENT'S obligation to pay for the work contracted is in no way dependent upon CLIENT'S ability to obtain financing, zoning, approval of govemmental or regulatory agencies, final adjudication of a lawsuit in which KKE is not involved, or upon CLIENT'S successful completion of the project. To preserve lien rights in accordance with the mechanic's lien laws in Minnesota, KKE will file liens in the county where the project site is located within one hundred twenty (120) days after the last item of service labor has been furnished. If KKE brings a lawsuit against CLIENT or forecloses a lien on CLIENT'S property to collect its fees, then all its collection expenses, including attomeys' fees, will be paid by CLIENT. Great River Regional Library KKE 0606.9900.01 November 3, 2005 Page:? Section 5: Standard of Care 5.1 In performing its services, KKE will use that degree of care and skill ordinarily exercised under similar conditions by reputable members of its profession practicing in the same locality. Section 6: Disputes 6.1 CLIENT agrees to resolve disputes using informal discussion and mediation prior to arbitration or litigation. 6.2 If CLIENT brings a lawsuit against KKE which is dismissed or as to which a verdict is rendered for KKE, in whole or in part, CLI ENT will pay KKE its cost of defense, including but not limited to, attomeys' and expert witness fees. Section 7: Limitation of Liability 7.1 CLIENT agrees to hold harmless, indemnify, and defend KKE from and against any and all claims, losses, damages, liability, and cost, including, but not limited to, cost of defense, arising out of this agreement, whether insured or not, excepting only such liability as may arise out of the sole negligence of KKE in the performance of services under this Agreement. 7.2 In the event KKE is held liable for damages, the total cumulative liability of KKE, its affiliates, and its respective directors, officers, employees, agents, and Subcontractors shall not exceed 100 percent of the gross compensation received by KKE as its fee under this agreement, or $50,000, whichever is greater. 7.3 In the event CLIENT does not wish to limit KKE's liability, KKE agrees to waive the limitation provided for in Section 7.2 upon written notice from CLIENT received within five (5) days after the date of this Agreement is executed, and CLIENT agrees to pay additional consideration equivalent to ten (10) percent of the total fees, such consideration to be called "Waiver of Limitation of Liability Charge". This charge will in no way be construed as being a charge for insurance of any type but will be increased consideration for the greater risk involved in performing work for which there is not limitation of liability. 7.4 Betterment. If, due to the Design Professional's error, any required item or component of the project is omitted from the Design Professional's construction documents, the Design Professional shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise adds value or betterment to the project. In no event will the Design Professional be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project. Section 8: Termination 8.1 This Agreement may be terminated by either party upon at least seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. If this Agreement is terminated, KKE shall be paid for services performed to the termination notice. Section 9: Entire Agreement 9.1 This Agreement, together with the appendices attached to it, is the entire agreement between KKE and CLIENT, and it supersedes all prior written or oral agreements. This Agreement is govemed by the laws of the State of Minnesota. Great River Regional Library KKE 0606.9900.01 November 3,2005 Page: 8 CITY OF ELK RIVER GREAT RIVER REGIONAL LIBRARY SITE ANALYSIS AND RECOMMENDATION KKE NO. 0606.9900.01 APPENDIX D GENERAL SERVICES AND DELlVERABLES 1.) Planning Services: . The Owner shall designate a representative authorized to act on the Owner's behalf with , respect to the Project. The Owner or such authorized representatives shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. . The Architect will meet with the representative for purposes of defining and refining programming and planning documents. 2.) Building Program: . Assumed services include the development with the Owner of a program of requirements. The Owner shall provide information regarding general program space requirements for the Project(s). . The Architect shall work with the Owner to prepare a planning document to include a program to set forth the Owner's objectives, schedule, constraints and criteria, including total area space requirements and site requirements. 3.) Concept Diagrams: . As part of the development of the program, the Architect may prepare for this project diagrams and relationship concept sketches to further define the space relationships. . The Drawings and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. . The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others except by agreement in writing and with appropriate compensation to the Architect. 4) BudgetDev~opmen~ . The Owner shall establish and update an overall budget for the Project based on consultation with the Architect, which shall include the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. Great River Regional Library KKE 0606.9900.01 November 3,2005 Page: 9 · The Architect's review of the Owner's Project budget and of preliminary estimates is solely for the Architect's guidance in the Architect's preparation of a preliminary project scope and scale for the building program. · The Architect cannot and does not warrant the accuracy of the estimates or warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of or evaluation reviewed by the Architect. · The Architect has no responsibility for the cost of changes in the Project that may be required as a result of (i) the enactment or revision of codes, laws or regulations subsequent to the preparation of Drawings, Specifications or other documents, or (ii) requirements imposed by municipal or other local building code, fire safety and other inspections. 5.) Owner Responsibilities: · If desired in the site analysis phase, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. · If desired in the site analysis phase, the Owner shall furnish the services of geotechnical engineers when the Architect requests such services. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions; with reports and appropriate professional recommendations. · If desired in the planning and site analysis phase, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. · The Owner shall furnish all legal, accounting, and insurance counseling services as may be necessary at any time for the Project. · The services, information, surveys and reports required by this section shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 6.) Final Report: · The Architect will furnish to the Owner three complete copies of the completed documents and additional unbound copies of documents for duplication and distribution. End of Appendix 0 Great River Regional Library KKE 0606.9900,01 November 3,2005 Page: 10 CITY OF ELK RIVER GREAT RIVER REGIONAL LIBRARY SITE ANALYSIS AND RECOMMENDATION KKE NO. 0606.9900.01 APPENDIX E IDENTIFIED SITES Existina Library Site/413 Proctor Avenue. Elk River SITE: ' 71,601 SQFT 1. 64-ACRES BLOC: 10,000 SQFT ErifJ River 5th STREET I 1- j ('- 1-" .---.j I i ! I --r" -'.-- - - -'.... I I !_. 4th STREET EXISTING LIBRARY "(~PROC'fOaAVENUl$ ; ...__..-...v# "\ ~ w > ~..( lY o ...... <..) o <>:: .... l I. ..............".. " /'--- - ....,~\ "j ,t ""'" "/28/2000 -". Clt, ""-lE. I' = 50' : ~ . i . w i II ~ t i ~ ~ 1 i .c " '1 I i 1 Great River Regional Library KKE 0606.9900.01 November 3,2005 Page: 11 CITY OF ELK RIVER GREAT RIVER REGIONAL LIBRARY SITE ANALYSIS AND RECOMMENDATION KKE NO. 0606.9900.01 APPENDIX E IDENTIFIED SITES Elk River City Hall Sitel North Location. Elk River e#jo€l"ilt~C <:> ~ ~ .0: 0.. C 6 :i1 ~ """" o .,,, g coo ( ~. i ~ "' = e ]S I~ K~ I ~ E-: - lZ1 ....:! ~ ~ ~ f-; ..... (j .~./I~ ~~ e~ Great River Regional Library KKE 0606.9900.01 November 3,2005 Page: 12 CITY OF ELK RIVER GREAT RIVER REGIONAL LIBRARY SITE ANALYSIS AND RECOMMENDATION KKE NO. 0606.9900.01 APPENDIX E IDENTIFIED SITES Elk River City Hall Sitel South Location. Elk River V) -~-i~ if \ g ~ ~li .0 IS ia i; e ., .. .~ /--------~ ~~ ti: ~ r-< - lZl d <C ::r:: ~ ~ - U " z ~ ..: "" ~ o ~ ej r2.. ~~ 1,fSJ.'"