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ITEM 5 2Ll 6j 9 ENINFERS P L A N N E R S D ES IGNERS Consulting Group, Inc. Mach 10, 2015 Mr. Ross Dement Parksand Recreation Manager CITY OF OTSEGO 13400 — 90t h Street N ort heast Otsego, MN 55330 SUBJECT: PROPOSAL FORPROFESSIONALSEERVICESFOR NEIGHBORHOOD PARK DEVELOPMENT (WILDFLOWER MEADOWS PARK) Dear Mr. Dement: Based on your request, we are pleased to submit this proposal to provide professional services for conceptual design and development of construction documents for Wildflower Meadows Park. PROJECT BACKGROUND AND UNDERSTANDING Amenities to be incorporated into the park include separated play areas for 2-5 and 5-12 age groups, picnic pavilion, a paved parking area with roughly 20 stalls, half -court basketball, an informal ball field, and open green area for soccer and other field sports. Pedestrian circulation will be provided within the park and along the perimeter, providing connections to existing sidewalks and between amenities. All circulation routes and parking facilities will meet accessibility requirements of the Americenswith DisabilitiesAct (ADA). Establishing buffers between park uses and adjacent residential properties will be essential to ensuring a good fit within the neighborhood. In addition, controlling access from the play areas to the bordering streets will be critical to the safety of the users. All elements will be designed to minimize maintenance. SCOPE OF SERVICES We propose to carry out the work as fol lows: Conduct an onsite review of the park property, the subdivision plan and other pertinent planning or design documents as they pertain to the intended park improvements. 2. Meer with staff to discuss intended park improvements. 3. Develop two (2) unique concepts for the site that include all programmatic elements determined by staff. www.srfconsuiting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4443 1 763.475.0010 Fax: 763.475.2429 An Equal Opporhinity Employer Mr. Ross Demant - 2 - March 10, 2015 City of Otsego 4. Preparefor and attend one (1) meeting with the Park and Recreation Commission to present the concept alternatives. 5. Prepare for and attend one (1) neighborhood meeting to discuss project intent, the site's opportunities and limitations, potential facilities and concept alternatives (2 schemes). Commentsfrom themeetingwill assist in focusing into asingle preferred concept. 6. Prepare a preliminary estimate of construction cost associated with the intended park improvements. 7. Coordinate play equipment selection and layout with vendorswithin theestablished budget. 8. Preparefor and attend one (1) meeting with the Park and Recreation Commission to present the preferred concept. 9. Prepare construction documents and cost estimate based on the preferred concept including plans, details, and technical specifications addressing removals, site layout, grading, irrigation, site electrical, and landscaping. 10. Prepare Stormwater Pollution Prevention Plan (SWPPP), and prepare N PD ES permit application. 11. Provideassistanceto staff during the bidding process including responseto contractor inquiries, preparation of addenda as needed, and attendance at bid opening. Review bids and provide recommendation of contract award. 12. Attend pre -construction meeting and up to 12 progress meetings during construction (assumes 90 -day construction period). Respond to contractor requests for information, review contra for pay applications and provide recommendation to staff. Participate in final walk through and prepare a punch I ist. ASSUM PTI ONS The scope of services (Attachment B) is based upon the following assumptions. • Park planning accuracy and its level of derail will correspond to the survey and topographic mapping accuracy and level of derail. • Construction budget is assumed to be $600,000, based on our understanding of the required programmatic elements. • Lighting within the park will be designed and installed by Wright -Hennepin Electric. Mr. Ross Demant - 3 - March 10, 2015 City of Otsego The City of Otsego will provide the fol lowing itemsor tasks. • Available site surveyor mapping. • Mapping or subdivision materials for the surrounding land development. • General Conditions for inclusion in the project manual. • Meeting announcement reproduction and mailing. • Host all meetings. SCHEDULE We will complete this work within a mutually agreed-upon time schedule. The prescribed tasks can be completed in approximately 90 days contingent upon meeting schedules. BASIS OF PAYMENT/ BUDGET We propose to be reimbursed for our services on an hourly basis for the a tual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. I nvoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project and our scope of services, we estimate the cost of our services to be $41,568.00, which i nd udes both ti me and expenses. CHANGES IN THE SCOPE OF SERM CES It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out -of -scope work is initiated, however, we will submit a budget request for the neN work and will not begin work until we receive authorization from you. STANDARD TERMS AND CONDITIONS The attached Standard Terms and Conditions (Attachment A), together with this proposal for professional services, constitute the entire agreement between the Client and SRF Consulting Group, Inc. and supersede all prior written or oral understandings. This agreement may only be amended, supplemented, modified or canceled by aduly executed written instrument. Mr. Ross Demant - 4 - March 10, 2015 City of Otsego ACCEPTANCE/ NOT CE TO PROCEED A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. The email address istwold(a)srfconsultingcom. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to conta t us if you have any questions or need additional information. Sncedy, SRF CONSULTING GROUP, INC. )1� Timothy Wold, AS -A, CPS Senior Associate TBW/ KG/ gd Ken Grieshaber, AS -A Pri nci pal Attachments. Attachment A — Standard Terms and Conditions Attachment B — Scope of Services (g9-dUro N a-ne Title D ate This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. SRF P15219 [SI Ma-kdind Rzmsds12015LEtte-Rzmsds1 P15219 WtkFlawMaJansRrk 031015dax] ATTACHMENT A STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions together with the attached Proposal for Professional Services constitute the entire Agreement between the CLIENT and SRF Consulting Group, Inc. ("SRF") and supersede all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. STANDARD OF CARE a. The standard of care for all professional services performed or furnished by SRF under this Agreement will be the care and skill ordinarily used by members of SRF's profession practicing under similar circumstances at the same time and in the same locality. SRF makes no warranties, expressed or implied, under the Agreement or otherwise, in connection with SRF's service. b. The CLIENT shall be responsible for, and SRF may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to SRF pursuant to this Agreement. SRF may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. 2. INDEPENDENT CONTRACTOR All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and SRF and not for the benefit of any other party. 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 CLIENT or SRF. SRF's services under this Agreement are being performed solely for the CLIENT's benefit, and no other entity shall have any claims against SRF because of this Agreement or the performance or nonperformance of services hereunder. PAYMENT TO SRF Invoices will be prepared in accordance with SRF's standard invoicing practices and will be submitted to the CLIENT by SRF monthly, unless otherwise agreed. Invoices are due and payable within thirty (30) days of receipt. If the CLIENT fails to make any payment due SRF for services and expenses within forty-five (45) days after receipt of SRF's invoice thereafter, the amounts due SRF will be increased at the rate of 1-1/2% per month (or the maximum rate of interest permitted by law, if less). In addition, SRF may, after giving seven days written notice to the CLIENT, suspend services under this Agreement until SRF has been paid in full of amounts due for services, expenses, and other related charges. 4. OPINION OF PROBABLE CONSTRUCTION COST Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the general guidance of the CLIENT. Since SRF has no control over the cost of labor, materials, market condition, or competitive bidding, SRF does not guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cost to the CLIENT. 5. INSURANCE SRF will maintain insurance coverage for Workers' Compensation, General Liability, Automobile Liability and Professional Liability and will provide certificates of insurance to the CLIENT upon request. 6. INDEMNIFICATION AND ALLOCATION OF RISK a. To the fullest extent permitted by law, SRF agrees to indemnify and hold harmless the CLIENT, their officers, directors and employees against all damages, liabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused by SRF's negligent acts under this Agreement and that of its subconsultants or anyone for whom SRF is legally liable. b. To the fullest extent permitted by law, the CLIENT agrees to indemnify and hold harmless SRF, their officers, directors and employees against all damages, liabilities or costs to the extent caused by the CLIENT's negligent acts under this Agreement and anyone for whom the CLIENT is legally liable. 7. TERMINATION OF AGREEMENT Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, the CLIENT shall pay to SRF all amounts owing to SRF under this Agreement, for all work performed up to the effective date of termination. 8. OWNERSHIP AND REUSE OF DOCUMENTS All documents prepared or furnished by SRF pursuant to this Agreement are instruments of service, and SRF shall retain an ownership and property interest therein. Reuse of any such documents by the CLIENT shall be at CLIENT's sole risk; and the CLIENT agrees to indemnify, and hold SRF harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by the CLIENT or by others acting through the CLIENT. Page 1 of 2 (MN Standard Terms and Conditions) Rev: March 5, 2014 9. USE OF ELECTRONIC MEDIA a. Copies of Documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by SRF. Files in electronic media format of text, data, graphics, or of other types that are furnished by SRF to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. b. When transferring documents in electronic media format, SRF makes no representations as to long -terns compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by SRF at the beginning of this Assignment. c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of this data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within sixty (60) days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the sixty (60) day acceptance period will be corrected by the party delivering the electronic files. SRF shall not be responsible to maintain documents stored in electronic media format after acceptance by the CLIENT. 10. FORCE MAJEURE SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond SRF's reasonable control. 11. ASSIGNMENT Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 12. BINDING EFFECT This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 13. SEVERABILITY AND WAIVER OF PROVISIONS Any provisions or part of the Agreement held to be void or unenforceable under any laves or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the CLIENT and SRF, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non -enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 14. SURVIVAL All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions, Indemnification and Allocation of Risk, and Dispute Resolution shall remain in effect. 15. DISPUTE RESOLUTION If negotiation in good faith fails to resolve a dispute within the thirty (30) days of notice of the dispute, or time period specified by applicable law, then the parties agree that 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 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 legal or equitable action may be instituted for a period of ninety (90) days from the tiling 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 a location 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. 16. CONTROLLING LAW This Agreement is to be governed by the law of the principal place of business of SRF. 17. SITE SAFETY SRF shall not at any time supervise, direct, control or have authority over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety and security precautions and programs in connection with the work performed by any Contractor for the Project, nor for any failure of any Contractor to comply with laws and regulations applicable to such Contractor's work, since these are solely the Contractor's rights and responsibilities. SRF shall not be responsible for the acts or omissions of any Contractor or Owner, or any of their agents or employees, or of any other persons (except SRF's own employees and consultants), furnishing or performing any work for the Project, except as specifically outlined in SRF's scope of services. Page 2 of 2 (MN Standard Terms and Conditions) Rev: March 5, 2014 3/10/2015 CLIENT: CITY OF OTSEGO PROJECT: WILDFLOWER MEADOWS PARK TASK NO. WORK TASK DESCRIPTION Phase 1 Project Start -Up Attend kick-off meeting with staff. Conduct onsite review of the park property and related planning documents. Prepare base mapping. Phase 2 Conceptual Design - Develop two (2) unique concepts for the site that include all programmatic elements as determined by staff- - Prepare for and attend one (1) meeting with the Park and Recreation Commission to present the concept alternatives. Prepare for and attend one (1) neighborhood open house. Based on feedback received from staff and the neighborhood open house, prepare preferred concept. Prepare preliminary estimate of construction costs. Prepare for and attend one (1) meeting with the Park and Recreation Commission to present the preferred concept. Phase 3 Construction Documentation and Specifications - Prepare construction documents and technical specifications including removals, layout, grading and utilities, erosion control, landscaping, irrigation, and site electrical based on approved concept plan- - Coordinate play equipment selection and layout with vendors within established budget. Submit 75% plans and attend review meeting with staff. Submit 95% plans and attend review meeting with staff. Prepare SWPPP and NPDES permit application and documentation. Prepare final cost estimate. Perform quality control review. Submit final plans, specifications, and cost estimate to staff. Upload project documents to QuestCDN for bidding. WORK TASKS AND PERSON -HOUR ESTIMATE ATTACHMENT B - SCOPE OF SERVICES CONSULTANT: SRF CONSULTING GROUP, INC. *****ESTIMATED PERSON -HOURS.,,,,.„ SR. ESTIMATED PRINCIPAL ASSOCIATE PROF. CLERICAL TOTALS FEE 0 8 8 0 16 $1,648.48 2 32 44 0 78 $8,004.24 6 54 96 8 164 $16,458.72 Phase 4 Bidding 0 20 0 2 22 $2,516.80 Respond to contractor inquiries Prepare addunda as required. Attend bid opening, meet with City staff to review bids, and prepare recommendation of contract award. Phase 5 In -construction Services Attend pre -construction meeting. Attend weekly site meetings (assumes 90 day construction period). Respond to contractor requests for information. Review shop drawing submittals. Prepare punch list based on final site inspection. TOTAL ESTIMATED PERSON -HOURS AVERAGE HOURLY BILLING RATES ESTIMATED LABOR AND OVERHEAD ESTIMATED DIRECT NON -SALARY EXPENSES - mileage and printing costs TOTAL ESTIMATED FEE 0 94 0 4 98 $11,440.16 8 208 148 14 378 $181 $119 $87 $72 $1,445 $24,677 $12,938 $1,008 $40,068 $1,500 $41,568 PAGE 1 SRF CONSULTING GROUP, INC. K:\LArch\tim\Promo\Otsego - Wildflower Meadows\Wildflower Meadows Hours TBW_030315.xlsx ENGINEERS AND PLANNERS MINNEAPOLIS, MN.