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LIBRARY BOARD Packet - 4/3/2017 CITY OF MUSKEGO LIBRARY BOARD AGENDA April 3, 2017 5:30 PM Library Conference Room, S73 W16663 Janesville Road CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE PUBLIC COMMENT APPROVAL OF MINUTES LIBRARY FINANCIAL REPORTS PRESIDENT’S REPORT Information DIRECTOR’S REPORT Information UNFINISHED BUSINESS Discussion update and possible action may be taken on any or all of the following: 1. Resolution #001-2017 - Approval of Agreement between the Muskego Public Library and FEH Associates, Inc., DBA FEH Design NEW BUSINESS Discussion update and possible action may be taken on any or all of the following: COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT NOTICE PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-mentioned meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact Muskego City Hall, (262) 679-4100. MUSKEGO PUBLIC LIBRARY BOARD – CITY OF MUSKEGO RESOLUTION #001-2017 APPROVAL OF AGREEMENT BETWEEN THE MUSKEGO PUBLIC LIBRARY AND FEH ASSOCIATES, INC. DBA FEH DESIGN WHEREAS, In January of 2017, the Library Board President designated a Task Force to review proposals and recommend an architectural firm to provide the necessary professional services for the Library’s Children’s Area redesign project; and WHEREAS, The Task Force reviewed the submitted proposals, met and interviewed three firms and recommended that the Library Board select FEH Design; and WHEREAS, On February 21, 2017, the Library Board approved the Task Force’s recommendation to select FEH Design; and WHEREAS, The Muskego City Attorney has reviewed the attached AIA Form of Agreement between the Muskego Public Library Board and FEH Design, and has recommended approval . NOW, THEREFORE, BE IT RESOLVED, That the Muskego Public Library Board, upon recommendation of the Task Force, does hereby approve the attached AIA Form of Agreement between the Muskego Public Library Board and FEH Design. BE IT FURTHER RESOLVED That the Library Board President is hereby authorized to execute the agreement in the name of the Library Board and the City Attorney is authorized to make substantive changes to the agreement as may be necessary in order to preserve the general intent thereof. Public Library Board City of Muskego Adopted: Defeated: Introduced: April 3, 2017 ATTEST: Pete Loeffel, Library Director Document B105TM – 2007 Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project Init. / AIA Document B105™ – 2007 (formerly B155™ – 1993). Copyright © 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:49:22 on 03/24/2017 under Order No.8242461943_1 which expires on 04/15/2017, and is not for resale. User Notes: (1517576788) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. State or local law may impose requirements on contracts for home improvements. If this document will be used for Work on the Owner’s residence, the Owner should consult local authorities or an attorney to verify requirements applicable to this Agreement. AGREEMENT made as of the twenty-seventh day of March in the year 2017 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Muskego Public Library S73 W16663 Janesville Road Muskego, Wisconsin 53150 and the Architect: (Name, legal status, address and other information) FEH Associates, Inc. dba FEH DESIGN W316 S525 Christopher Way Delafield, Wisconsin 53018 for the following Project: (Name, location and detailed description) Conceptual Design (Phase one) Children’s Area Renovation Muskego Public Library Muskego, WI 53150 The Owner and Architect agree as follows. Init. / AIA Document B105™ – 2007 (formerly B155™ – 1993). Copyright © 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:49:22 on 03/24/2017 under Order No.8242461943_1 which expires on 04/15/2017, and is not for resale. User Notes: (1517576788) 2 ARTICLE 1 ARCHITECT’S RESPONSIBILITIES The Architect shall provide architectural services for the Project as described in this Agreement in a manner consistent with locally accepted standards for professional skill and care. The Architect shall assist the Owner in determining consulting services required for the Project. The Architect’s services include the following consulting services, if any: As defined in the request for proposal, attached as Exhibit A During the Design Phase, the Architect shall review the Owner’s scope of work, budget and schedule and reach an understanding with the Owner of the Project requirements. Based on the approved Project requirements, the Architect shall develop a design. ARTICLE 2 OWNER’S RESPONSIBILITIES The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the Project, and shall adopt a budget that includes reasonable contingencies and meets the Project requirements. The Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project. The Architect shall be entitled to rely on the accuracy and completeness of the Owner’s information. The Owner shall furnish consulting services not provided by the Architect, but required for the Project, such as surveying, which shall include property boundaries, topography, utilities, and wetlands information; geotechnical engineering; and environmental testing services when appropriate for the timeline of the project. ARTICLE 3 USE OF DOCUMENTS Drawings, specifications and other documents prepared by the Architect are instruments of the Architect’s service and are for the Owner’s use solely with respect to this Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. Upon completion of construction of the Project or termination of this Agreement, the Owner’s right to use the instruments of service shall cease. If the architect is terminated or replaced, the architect’s design cannot be used going forward without written release of all potential liability, which the architect shall not unreasonably withhold.. When transmitting copyright-protected information for use on the Project, the transmitting party represents that it is either the copyright owner of the information, or has permission from the copyright owner to transmit the information for its use on the Project. Architect acknowledges that documents in possession of Owner may be subject to the Open Records laws of the State of Wisconsin. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT In the event of termination, suspension or abandonment of the Project by the Owner, the Architect shall be compensated for services performed. The Owner’s failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days’ written notice if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement. ARTICLE 5 MISCELLANEOUS PROVISIONS This Agreement shall be governed by the law of the place where the Project is located, The State of Wisconsin.. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or the Architect. The Architect and Architect’s consultants shall have no responsibility for the identification, discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site. ARTICLE 6 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Architect’s Compensation shall be: Phase one Conceptual Design: Nine Thousand Three Hundred Dollars ($9,300) The Owner shall pay the Architect an initial payment of zero ($ 0 ) as a minimum payment under this Agreement. The initial payment shall be credited to the final invoice. Init. / AIA Document B105™ – 2007 (formerly B155™ – 1993). Copyright © 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:49:22 on 03/24/2017 under Order No.8242461943_1 which expires on 04/15/2017, and is not for resale. User Notes: (1517576788) 3 Reimbursable expenses for travel will be charged at cost, $0.55/mile, in addition to the professional fees identified above. Payments are due and payable upon receipt of the Architect’s monthly invoice. Amounts unpaid twenty-five ( 25 ) days after the invoice date shall bear interest from the date payment is due at the rate of six percent per annum( 6 %) per annum , or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. At the request of the Owner, the Architect shall provide services not included in Article 1 for additional compensation. Such services may include providing or coordinating services of consultants not identified in Article 1; revisions due to changes in the scope, quality or budget; evaluating changes in the Work and Contractors’ requests for substitutions of materials or systems; and Conceptual Design (phase one) services not completed within nine ( 9 ) months of the date of this Agreement through no fault of the Architect. ARTICLE 7 OTHER PROVISIONS (Insert descriptions of other services and modifications to the terms of this Agreement.) Primary Owner contact: Pete Loeffel, Director 262-971-2119 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature) Aaron Robertson Library Board President Kevin J. Eipperle, AIA Vice President (Printed name and title) (Printed name and title) Additions and Deletions Report for AIA ® Document B105TM – 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:49:22 on 03/24/2017. Additions and Deletions Report for AIA Document B105™ – 2007 (formerly B155™ – 1993). Copyright © 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:49:22 on 03/24/2017 under Order No.8242461943_1 which expires on 04/15/2017, and is not for resale. User Notes: (1517576788) 1 PAGE 1 AGREEMENT made as of the twenty-seventh day of March in the year 2017 … Muskego Public Library S73 W16663 Janesville Road Muskego, Wisconsin 53150 … FEH Associates, Inc. dba FEH DESIGN W316 S525 Christopher Way Delafield, Wisconsin 53018 … (Name, location and detailed description) Conceptual Design (Phase one) Children’s Area Renovation Muskego Public Library Muskego, WI 53150 PAGE 2 As defined in the request for proposal, attached as Exhibit A During the Design Phase, the Architect shall review the Owner’s scope of work, budget and schedule and reach an understanding with the Owner of the Project requirements. Based on the approved Project requirements, the Architect shall develop a design. Upon the Owner’s approval of the design, the Architect shall prepare Construction Documents indicating requirements for construction of the Project and shall coordinate its services with any consulting services the Owner provides. The Architect shall assist the Owner in filing documents required for the approval of governmental authorities, in obtaining proposals and in awarding contracts for construction. During the Construction Phase, the Architect shall act as the Owner’s representative and provide administration of the Contract between the Owner and Contractor. The extent of the Architect’s authority and responsibility during construction is described in AIA Document A105™–2007, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project. Generally, the Architect’s services during construction include interpreting the Contract Documents, reviewing the Contractor’s submittals, visiting the site, reviewing and certifying payments, and rejecting nonconforming Work. … Additions and Deletions Report for AIA Document B105™ – 2007 (formerly B155™ – 1993). Copyright © 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:49:22 on 03/24/2017 under Order No.8242461943_1 which expires on 04/15/2017, and is not for resale. User Notes: (1517576788) 2 The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the Project, and shall establish adopt a budget that includes reasonable contingencies and meets the Project requirements. The Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project. The Architect shall be entitled to rely on the accuracy and completeness of the Owner’s information. The Owner shall furnish consulting services not provided by the Architect, but required for the Project, such as surveying, which shall include property boundaries, topography, utilities, and wetlands information; geotechnical engineering; and environmental testing services. The Owner shall employ a Contractor, experienced in the type of Project to be constructed, to perform the construction Work and to provide price information. services when appropriate for the timeline of the project. … Drawings, specifications and other documents prepared by the Architect are instruments of the Architect’s service and are for the Owner’s use solely with respect to this Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. Upon completion of construction of the Project or termination of this Agreement, the Owner’s right to use the instruments of service shall cease. If the architect is terminated or replaced, the architect’s design cannot be used going forward without written release of all potential liability, which the architect shall not unreasonably withhold.. When transmitting copyright-protected information for use on the Project, the transmitting party represents that it is either the copyright owner of the information, or has permission from the copyright owner to transmit the information for its use on the Project. Architect acknowledges that documents in possession of Owner may be subject to the Open Records laws of the State of Wisconsin. … This Agreement shall be governed by the law of the place where the Project is located. Terms in this Agreement shall have the same meaning as those in AIA Document A105–2007, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project. located, The State of Wisconsin.. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. … Phase one Conceptual Design: Nine Thousand Three Hundred Dollars ($9,300) The Owner shall pay the Architect an initial payment of zero ($ 0 ) as a minimum payment under this Agreement. The initial payment shall be credited to the final invoice. The Owner shall reimburse the Architect for expenses incurred in the interest of the Project, plus percent ( %).Reimbursable expenses for travel will be charged at cost, $0.55/mile, in addition to the professional fees identified above. Payments are due and payable upon receipt of the Architect’s monthly invoice. Amounts unpaid twenty-five ( 25 ) days after the invoice date shall bear interest from the date payment is due at the rate of percent ( %) six percent per annum( 6 %) per annum , or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. At the request of the Owner, the Architect shall provide services not included in Article 1 for additional compensation. Such services may include providing or coordinating services of consultants not identified in Article 1; revisions due to changes in the scope, quality or budget; evaluating changes in the Work and Contractors’ requests for substitutions of materials or systems; and Conceptual Design (phase one) services not completed within ( nine ( 9 ) months of the date of this Agreement through no fault of the Architect. PAGE 3 Primary Owner contact: Pete Loeffel, Director 262-971-2119 … Additions and Deletions Report for AIA Document B105™ – 2007 (formerly B155™ – 1993). Copyright © 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:49:22 on 03/24/2017 under Order No.8242461943_1 which expires on 04/15/2017, and is not for resale. User Notes: (1517576788) 3 Aaron Robertson Library Board President Kevin J. Eipperle, AIA Vice President AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:49:22 on 03/24/2017 under Order No.8242461943_1 which expires on 04/15/2017, and is not for resale. User Notes: (1517576788) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, Kevin J. Eipperle, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 17:49:22 on 03/24/2017 under Order No. 8242461943_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B105™ – 2007, Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) SIOUX CITY / DES MOINES / DUBUQUE / DELAFIELD FEHDESIGN.COM 604 EAST GRAND AVENUE DES MOINES, IOWA 50309 P515 288 2000 SIOUX CITY / DES MOINES / DUBUQUE / DELAFIELD FEHDESIGN.COM 604 EAST GRAND AVENUE DES MOINES, IOWA 50309 P515 288 2000 SIOUX CITY / DES MOINES / DUBUQUE / DELAFIELD FEHDESIGN.COM 604 EAST GRAND AVENUE DES MOINES, IOWA 50309 P515 288 2000 /W316 S525 CHRISTOPHER WAY 262 968 2055 P DELAFIELD, WISCONSIN 53018 19 December 2016 Mr. Pete Leoffel, Library Director Muskego Public Library Muskego, Wisconsin Re: Professional Services for Redesign of the Children’s area Dear Pete; We are pleased to submit this proposal for professional services. We are very excited about the opportunity to participate in the development of such an important and significant Community project. Based on our preliminary discussion at our walk through meeting and our previous experience with your project, we have developed an outline Scope of Work and assembled a team of professionals to address “re-visioning” the children’s area of the Muskego Public Library. Following in this proposal is information about our approach to the project, the anticipated Scope of Work, and the corresponding professional fees. PROJECT OBJECTIVES It is our understanding the Muskego Public Library intends to re-invision and remodel the children’s area of the existing building. The existing building meets the library needs on a square foot basis but needs furniture, finishes, and possibly lighting to be updated and refreshed. The first step in this endeavor is an on-site visioning session with you, your staff, and selected project stakeholders to define how to enhance the children’s library and deliver library services to the community moving forward. The goal of this project is to assess the condition of the finishes/furnishings/lighting and provide options that meet the project budget. Funding for the project will come from the City of Muskego, Library and Friends of the Library and it will be in the $120,000 - $140,000 range. The detailed design phase of the project will occur in June 2017 and construction will occur in 2017 and 2018. This visioning study will be complete 60 - 90 days from authorization to proceed. PROJECT TEAM We propose to utilize the following team of professionals to complete the assessment portion of this project: FEH DESIGN Architecture Interior Design SCOPE OF SERVICES To meet the objectives identified above, we propose the following scope of services for the visioning portion of the project: 1. Existing Building Drawing. Verify and update the existing CAD floor plan drawing of the children’s area and inventory furniture. 10 Hours. 2. Meet with staff and project stakeholders to establish project goals for success and determine what existing furniture will be reused. 4 Hours. 3. Conduct an on-site design workshop with project stakeholders. The design team will complete a one day Design Workshop in Muskego with alternating design and review sessions to develop conceptual children’s area building plans to illustrate the scope of the project and the design intent to take forward to funding. 30 hours. 4. The design team will develop a total project cost projection for the Library project that includes both the hard construction costs, furniture, and the soft costs associated with the project. 4 hours. 5. Review approved finish and furniture options with staff. 8 Hours 6. Document approved children’s area finish and furniture options in a booklet. 6 Hours. It is the intention of the Library Board and the Architect to continue working together through the completion of the project. A second agreement will be developed between the Owner and the Architect to cover the implementation of final design and construction phases of the project. An agreed upon fee for final design and construction drawings will be established from the approved design and when required professional services can be quantified. APPROVALS The finish and furniture report completed during this project will be reviewed and approved by the Library Board. It is anticipated that an informational presentation will also be made to the City of Muskego. COMPENSATION FEH Associates Inc. doing business as FEH DESIGN proposes to furnish the above outlined services on a lump sum fee basis for $9,300. Reimbursable expenses for travel will be charged at cost in addition to the professional fees identified above. AUTHORIZATION Thank you for giving us the opportunity to submit this Proposal for Professional Services. Should you find our proposal acceptable, please sign both copies and return on to our office to serve as our authorization to proceed. Sincerely, Gregory Baum, AIA LEED AP APPROVED BY THE MUSKEGO PUBLIC LIBRARY: Signature ______________________________________________________ Title ____________________________________________________________ Date ____________________________________________________________