Loading...
ITEM 6.1 Norin Landingot NNESOTA DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Parks and Recreation Ross Demant, Parks & Recreation Director August 8, 2016 Streets PRESENTER(s): REVIEWED BY: ITEM #: Ross Demant, Parks and Lori Johnson, City Administrator 6.1 Recreation Director AGENDA ITEM DETAILS RECOMMENDATION: Staff is recommending that the City Council approve the proposals from WSB in the amount of $3,500 for grant writing services for Norin Landing and SRF for park develop services in the amount of $29,700. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No I No BACKGROUND/JUSTIFICATION: Staff presented two separate items that both involved the construction of Norin Landing Park at the June, 2017 Parks and Recreation Commission meeting. The first item centered around SRF providing professional development services for Norin Landing and the second involved a grant writing proposal from SRF Consultants. There is currently $40,000 identified in the City's 2016 Capital Improvement Plan for the planning phase of Norin Landing. SRF had submitted a quote in November 2015 for $29,700 which covers a broad range of services to include developing 2 concept plans, prepare estimated construction costs, prepare construction documents, and prepare a Stormwater Pollution Prevention Plan (SWPPP). Commissioners voted to table this item until July and vote on it at the same time the grant writing proposal would be voted on. The second item that the Parks and Recreation Commission reviewed was a proposal from SRF for grant writing services for Norin Landing. Commissioners had questions regarding SRF's qualifications and grant writing success rate. After further discussion, Commissioners voted to table this item and directed staff to bring back another proposal for grant writing so Commissioners would have comparison data at their disposal. Staff contacted WSB & Associates to provide a grant writing proposal which was submitted on July 12, 2016. The proposal contains a proposed time frame, scope of services provided, and resume' for a quoted amount of $3,500. Staff was also directed by the Commission to inquire further SRF's resume' in regards to their success in grant writing. Staff has also included SRF's proposal which also contains a scope of services provided, and a resume' for a quoted amount of $2,442. The grant that staff is proposing to pursue is the DNR Outdoor Recreation Grant funding cycle 2018. This grant is available to cities, counties, and townships that are looking to construct and/or development/redevelopment internal park trails, picnic shelters, playgrounds, athletic facilities, boat accesses, fishing piers, swimming beaches and campgrounds. All park projects must meet requirements for perpetual outdoor recreation use. The Outdoor Recreation Grant awarded 9 grants in 2016 with an average award being $70,000. After review and discussion of the proposals from WSB and SRF, the Parks and Recreation Commission is recommending to contract with WSB for grant writing services due to their extensive background and success rate. The Parks and Recreation Commission unanimously voted to recommend that the City Council approve SRF's proposal for park development services for Norin Landing and WSB's proposal for grant writing services for Norin Landing. SUPPORTING DOCUMENTS: X ATTACHED NONE • SRF Park Development Proposal • SRF Grant Writing Proposal • SRF Grant Writing Qualifications • WSB Grant Writing Proposals MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve the proposals from WSB in the amount of $3,500 for grant writing services for Norin Landing and SRF for park develop services in the amount of $29,700. BUDGET INFORMATION FUNDING: BUDGETED: X YES Fund #208 Community Facilities ❑ NO LlN I ENGINEERS P LANNERS D ESIGNERS Consulting Group, Inc. November 20, 2015 Mr. Ross Demant Parks and Recreation Manager CITY OF OTSEGO 13400 90th Street Northeast Otsego, MN 55330 SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR PARK DEVELOPMENT (NORIN LANDING) Dear Mr. Demant: Based upon your request, SRF Consulting Group, Inc. is pleased to submit this proposal to provide professional services for conceptual design and development of construction documents for Norin Landing. PROJECT BACKGROUND/UNDERSTANDING Amenities to be incorporated into the park include a river overlook structure, large picnic pavilion, lawn area for passive recreation, picnic area, vegetative buffers, site furnishings, and a trail system. Pedestrian circulation will be provided within the park and along the perimeter, providing connections to existing trails and between amenities. Circulation routes will meet accessibility requirements of the Americans with Disabilities Act (ADA) where possible. Given the existing topography, it is probable that stairs will be required to provide direct access to some elements, but accessible routes will be provided to all amenities Establishing buffers between park use areas and adjacent residential properties will be essential to ensuring a good fit within the neighborhood. All elements will be designed to minimize maintenance. SCOPE OF SERVICES We propose to carry out the work as follows: 1. 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. Meet 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.srfconsulting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4443 1 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer Mr. Ross Demant -2- November 20, 2015 City of Otsego 4. Prepare for 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). Comments from the meeting will assist in focusing into a single preferred concept. 6. Prepare a preliminary estimate of construction cost associated with the intended park improvements. 7. Prepare for and attend one (1) meeting with the Park and Recreation Commission to present the preferred concept. 8. Prepare for and attend one (1) meeting with City Council 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, site electrical, and landscaping. 10. Prepare Storm -water Pollution Prevention Plan (SWPPP) and prepare NPDES permit application. 11. Provide assistance to staff during bidding process including response to 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. ASSUMPTIONS The scope of services is based upon the following assumptions: 1. Park planning accuracy and its level of detail will correspond to the survey and topographic mapping accuracy and level of detail. 2. Irrigation design is not included in this scope of work. 3. Lighting within park will be designed and installed by Wright -Hennepin Electric. 4. In -construction services are not included in this scope of work. SRF can assist with the review of shop drawings or in -construction services, if requested by the City, on an hourly basis over and above the base contract. 5. The City of Otsego will provide the following items or tasks: a. Available site survey or mapping. b. CAD -based plans for parking lot and boat launch. Mr. Ross Demant - 3 - November 20, 2015 City of Otsego c. Mapping or subdivision materials for the surrounding land development. d. General Conditions for inclusion in the project manual. e. Meeting announcement reproduction and mailing. f. Host all meetings. SCHEDULE We will complete this work within a mutually agreed -upon time schedule. The prescribed tasks can be completed in about 90 days contingent upon meeting schedules. BASIS OF PAYMENT/BUDGET We propose to be reimbursed for our services on an hourly basis for the actual 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. Invoices 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 $29,700, which includes both time and expenses. CHANGES IN THE SCOPE OF SERVICES 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 new 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 a duly executed written instrument. Mr. Ross Demant - 4 - November 20, 2015 City of Otsego ACCEPTANCE/NOTICE 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 is twold@srfconsuldng.com. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. 019 41 AV Timothy Wold, ASLA, CPSI Senior Associate TBW/KG/cw Attachment A — Standard Terms and Conditions APPROVED: (signature) Name Title Date rin!"'T'a 0, 1 Ken Grieshaber, ASLA Principal 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 P15928 [S.\Marketing\Proposa1s\2015 Letter Proposals\P15928 Norin Landing-TBW.docx] 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. 1. STANDARD OF CARE a. The standard of care for all professional services performed or famished 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. 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 thud 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. 3. 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. 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 fiom 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 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-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing fiom 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 laws 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 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 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 STEWART CROSBY, PLA, ASLA Senior Associate AREAS OF EXPERTISE • Site Planning & Design • Trail Planning & Design • Park Master Planning • Bicycle Facility Planning & Design • Grant Writing for Park and Trail Facilities • Conceptual & Detail Design • Construction Administration • Construction Liaison • Construction Document Preparation • Public Involvement EDUCATION Master of Landscape Architecture, University of Oregon, 2002 Bachelor of Landscape Architecture, University of Oregon, 2001 Bachelor of Arts, Internal Affairs, Lewis and Clark College, 1991 REGISTRATIONS Landscape Architect: Minnesota #45681 Landscape Architect (Council of Landscape Architecture Registration Board) PROFESSIONAL AFFILIATION American Society of Landscape Architects Minnesota Chapter of American Society of Landscape Architects U.S. Green Building Council Council of Landscape Architecture Review Board (CLARB) COMMUNITY AFFILIATIONS Board Member, Friends of the Mississippi River Board Member, Trust for Public Land Minnesota Stewart has 14 years of experience in landscape architecture and urban design, including conceptual design, design development construction document preparation, construction administration and grant and funding application writing for park and trail projects. He brings innovative design solutions to a variety of projects that include park and trail master plans and youth camp site design. Stewart has also conducted visual impact assessments for roads and trails and has worked on urban streetscape projects. Stewart's in-depth knowledge of park and trail projects comes from his ability to work in all aspects of a project from writing grant applications for funding through managing construction projects and ensuring project completion is done according to plan. GRANT WRITING EXPERIENCE • McLeod County 2012 and 2014 Dakota Rail Trail Legacy grant applications • City of Moorhead MB Johnson 2013/14 Legacy grant application (successful) • Otter Tail County 2014 Transportation Alternatives Program application • Carver County 2014 Minnesota River Bluffs Regional Trail Transportation Alternatives Program application (approved) • Three Rivers Park District 2014 Transportation Alternatives Program application for multiple trail segments (approved) • Otter Tail County 2014 Greater Minnesota Regional Parks and Trails Commission (GMRPTC) Regional Solicitation Application for the Perham to Pelican Rapids Regional Trail (approved) • McLeod County 2014 Greater Minnesota Regional Parks and Trails Commission (GMRPTC) Regional Solicitation Application for the Dakota Rail Trail (approved) • Carver County 2016 Lake Waconia Regional Trail Transportation Alternatives Program application (pending) • Carver County 2016 Lake Minnetonak Regional Trail Transportation Alternatives Program application (pending) • City of Willmar 2016 Greater Minnesota Regional Parks and Trails Commission (GMRPTC) Regional Solicitation Application for the Robbins Island Regional Park (approved) ENGINEERS PLANNERS DESIGNERS Consulting Group, Inc. SRFP160495 June 16, 2016 Mr. Ross Demant Parks and Recreation Manager City of Otsego 13400 90th Street Northeast Otsego, MN 55330 Subject: Proposal for Professional Services for Preparation of a DNR Outdoor Recreation Grant Application for Norin Landing Otsego, Minnesota Dear Mr. Demant: Based on your request, we are pleased to submit this proposal to provide professional services for writing the grant application text and preparing application graphics for a DNR Outdoor Recreation Grant for Norin Landing. The City of Otsego desires to submit an application for a DNR Outdoor Recreation Grant for Norin Landing for FY 2018. It is anticipated that grant applications will be due by March 31, 2017. The City has indicated that they would like to submit a draft application to DNR staff by late February for comments. Scope of Services We propose to carry out the services described as follows: 1. Review the FY 2018 Program Manual to confirm application content, submittal dates, and changes to the application format or submission format. 2. Prepare draft text for grant application sections covering the application summary, project narrative, cost breakdown, community involvement, public use, accessibility, operations and maintenance, and resolutions. 3. Prepare site location map and recreation site plan graphics to the specifications outlined in the DNR application instructions. 4. Prepare site evaluation text including endangered species, wetland impacts, and a description of the park environment and environmental impacts. 5. Respond to review comments from City and DNR staff. www.srfconsulting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447.4443 1 763,475.0010 Fax: 763A75.2429 An Equal Opportunity Employer Mr. Ross Demant June 16, 2016 City of Otsego Page 2 Assumptions The scope of services is based upon the following assumptions: 1. The application will be prepared based on the site concept plan prepared by SRF dated June 1, 2009. 2. The City of Otsego will provide funding match information. 3. The City of Otsego will be the only agency to provide a resolution. Schedule We will complete this work within a mutually agreed -upon time schedule. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual 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. Invoices 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 $2,442, which includes both time and expenses. Changes in the Scope of Services 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 new 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 a duly executed written instrument. Mr. Ross Demant City of Otsego Acceptance/Notice to Proceed June 16, 2016 Page 3 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 is scrosby@srfconsuldng.com. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. <, L �. Stewart Crosby, PLA, ASLA (MN) Senior Associate SC/KJG/iaf Approved (signature) Name Title Date Qtc)�& Ken J. Grieshaber, ASLA, PLA (MN IA ND) Principal 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. S.\Marketing\Propsra1s\2016 LterProNparaion proposal rgxepeilap 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 patty. 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. 3. 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. b. 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. 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. 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. Pagel of 2 (NN 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 famished 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-term 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 ides 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 Neitherparty 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 laws 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 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 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 Tenns and Conditions) Rev: March 5, 2014 WSB 't—As.,�— Infrastructure ■ Engineering ■ Planning ■ Construction July 13, 2016 Mr. Ross Demant Parks and Recreation Director City of Otsego 13400 — 90th Street N E Otsego, M N 55330 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 Re: Proposal to Provide Professional Services - Preparation of 2017 Issued DNR Outdoor Recreation Grant Application — Norin Landing Dear Mr. Demant: WSB & Associates, Inc. is pleased to present this proposal to provide services as they relate to preparing a Minnesota Department of Natural Resources (DNR) Outdoor Recreation Grant application for the development of Norin Landing. The information provided on the following pages includes our understanding of and approach to the application; a work plan; a proposed schedule to complete the work by the DNR's traditional due date; a cost estimate for completing the work; the experience of key personnel identified to work on the grant; and recent grant successes. PROJECT UNDERSTANDING The City of Otsego is seeking a proposal to prepare an application for the development of Norin Landing Park as part of the DNR's Outdoor Recreation Program. The proposed park improvements have been identified on a site concept plan previously developed by the City. It is not anticipated that WSB would be required to update the site plan as part of the application. Because the DNR traditionally issues the Outdoor Recreation Grant application materials in December or January for the upcoming round of grants, WSB would not begin work on the grant until December of 2016 or January of 2017. It is anticipated that the final grant application will be due March 31, 2017. As part of the project, WSB will be required to complete the following as a minimum: ■ Meet with City of Otsego staff prior to beginning the application. This meeting will cover a number of items including: o Verifying WSB's understanding of the project based on information contained in the site plan and items that do not show up in the concept (signage; other/future connections via trail; resilient infrastructure, etc.) Mr. Ross Demant July 13, 2016 Page 2 o Verifying cost estimates provided by the City or its consultant for the items in the site plan o Discussing design considerations and challenges associated with property impacts related to vegetation, wetlands, fish and wildlife, etc. o Documenting community involvement in the site plan/park plan development o Strategizing how to maximize project criteria scoring o Verifying the preferred year of construction ■ Provide required text for grant application ■ Prepare necessary exhibits (other than site plan) for grant application ■ Provide a completed draft application for City review ■ Conduct a follow-up meeting with City to discuss draft application (if needed) ■ Provide a completed final application for submission to the DNR Based on the information discussed with City staff, it is assumed that no property will be acquired as part of the grant and that an appraisal for land acquisition will not be needed. Additionally, it is assumed that (if needed) an aerial review of wetlands will occur (given the grant timing — delineation is not feasible). If the City were to need additional assistance in modifying the site plan or developing plans for any structures or playgrounds, WSB has staff that could complete these activities. A separate scope and budget would be provided if these services are needed. Additionally, if wetlands have not been delineated and the City would like to complete actual field delineations, WSB can complete wetland delineations during the 2016 growing season. A separate cost estimate for these activities will be provided if requested. PROJECT APPROACH WSB understands the time constraints that local agencies have in preparing grant applications while simultaneously trying to gear up for summer programming and construction projects for the upcoming year. WSB staff will fill the void that exists due to anticipated workloads. WSB will begin the application process upon authorization by City to ensure that as much time as possible is built into the schedule to allow City staff to review and provide input on the application. Our staff is familiar with the application process and can prepare the necessary materials for the application. As a project kick-off, Jack Corkle — WSB's proposed project manager, will set up a meeting with the City and Andy Hingeveld (planner/grant writer) to discuss the proposed project. The meeting will be used to gather what information has been prepared to date, discuss what additional information is available, identify what coordination with the public has occurred, and note any resources that need to be avoided or minimized as part of the project. The meeting will also be used to discuss any changes/focus areas for the grant. Jack will provide an overview of the grant's program manual to confirm the application content, submittal dates, and consistency with the concept plan. Mr. Ross Demant July 13, 2016 Page 3 Once a base understanding of the project and work to date has been shared, Andy and Jack will begin work on the application questions and required exhibits. Jack will work with City staff to establish check in points for review and comment on different elements of the application. A complete draft of the application will be provided for the City to review and if needed, one more meeting will be held during the process to discuss any comments face to face. Additional review can occur via conference call or through e-mail. After comments are collected and responded to, WSB will submit to the City a final application for submission to the DNR. WORK PLAN AND DELIVERABLES The following describes WSB's work plan and deliverables: Task 1— Project Management and Coordination Jack will ensure that internal WSB staff is coordinated in its tasks to produce the outdoor recreation grant application. Jack will work closely with Andy to ensure that the primary elements of the applications are produced and are of high quality. Jack will also serve as the primary point of contact for the city. She will check in weekly via telephone and/or e-mail to provide updates. Jack will monitor work tasks, schedule and the project budget. Deliverables: Project updates, monthly invoice Task 2 — Meetings To best understand the information that has been developed to date and the needs/desires of the City Jack and Andy will visit the project site and conduct a project kick-off meeting with City staff. If needed, a second meeting has been provided in the proposal. The second meeting is proposed to review: the initial draft application, information obtained from the DNR regarding species and water resources, all attachments. It will also be used to identify any modifications that may be needed to the site plan based on the data (wetlands, species, vegetation, etc.) that is collected. Future revisions to the application will be discussed via e-mail/telephone. Deliverables: Agendas, meeting materials Task 3 — Data Collection WSB will collect data to complete the application. Data collection is anticipated to include: known fish and wildlife species common to the project site; species in the area that are listed as endangered, threatened or of special concern at the state level; major plant species/communities common to the project site; plant species that are listed as endangered, threatened or of special concern; and aerial delineation of wetlands (if the city does not already have wetlands delineated). Mr. Ross Demant July 13, 2016 Page 4 This task also includes obtaining existing City GIS data related to utilities, parcels, natural resources, etc. that will be needed to complete exhibits and address resource questions in the application. Deliverables: data will be used to develop required text and attachment/exhibits for the grant application. Task 4 — Application Andy and Jack will complete the application requested by the City. This task includes answering all of the questions in the application form, preparing all of the required maps and assembling all of the application materials and required attachments. A draft copy of the maps and application will be provided to the City for review and comment. Comments from the City will be incorporated into the final submission. Deliverables: draft application, final application, required attachments CITY PROVIDED MATERIALS The City of Otsego will provide the following information to WSB to assist in the completion of the grant application: ■ GIS shape files related to the project site ■ A pdf of the concept plan for the park site ■ Cost estimates for concept plan improvements ■ Any completed environmental analyses — wetland delineation, species, etc. ■ City comprehensive plan elements related to existing and future land use and parks/trails ■ Any summaries of public engagement activities that have occurred to date regarding the concept plan development for Norin Landing ■ Resolution committing to the project as outlined by the DNR PROPOSED FEE WSB will complete the proposed application for a fee of $3,500. This assumes 2017 billing rates and includes both time and any expenses related to mileage. SCHEDULE The team proposed to complete the grant application is available to meet the traditional DNR deadlines associated with the outdoor recreation grant as well as to provide review time for City staff. A draft schedule (on the following page) has been prepared that shows key work tasks and review time. Given the timing of this proposal and the anticipated due date of the application, the schedule can be modified based on input from the City. n cd n w i c A a� O O + + a O U O NO _ U p p _ m 0 C * a + O C 0 Q 'E C L 76 -0 O m 4= C n7 C -fl C m '.N m a1 7 vI v c a 'a 3 bA ai C: o v o O al Q Q N O v *� a CL o O C Ql +j v v f p \ ra (O C � p 4Z ClA L E v a1 O C cC U O > G U -O O -6 "U (6 C @ O O. f0 O C m 41 p' O +> co >. C _ C C O O to U n a) 3 C -O O Q O x mU N O m O o N .O_ °' U> > V "NO a" 1 U N -a > vOi Q 1 O C GJ v +' n U U L a °�L a��, m IL 0 m m m Q m y° m 4 � O lV � 0 CAU �i � � CY' i>> C) C i..� Mr. Ross Demant July 13, 2016 Page 6 KEY STAFF EXPERIENCE WSB's success in securing funding for its clients is a result of the staff leading grant and funding efforts. WSB has identified Jack Corkle as the project manager of the grant application. Jack will be supported by planners and landscape architects that have successfully obtained grant funding. Key team members include: ■ Jack Corkle — Project Manager and grant reviewer ■ Andy Hingeveld — Sr. Planner — grant writing and mapping Jack Corkle, PTP, AICP — Project Manager and Grant Reviewer Jack Corkle will be WSB's project manager and serve as a grant reviewer. Jack has more than 18 years of experience in a wide variety of planning and transportation projects. She has been writing local, regional, state and federal grant applications for roadway, trail and park projects since 2001 and has secured over $100 million dollars in funding for her clients or the agency (Anoka County) she has worked for. Jack has played a wide variety of roles in the grant process, from preparing grants from start to finish, to completing technically analyses and writing, to reviewing and guiding the development of grants written by others and to coordinating with multiple agencies to ensure that everyone agrees on what the project includes and what funding resources should be pursued. As project manager, Jack will ensure that deliverables are produced in a timely manner, that the quality of work meets City expectations, and that team members are working closely with one another. Jack understands what the final product needs to look like and what key items the DNR has a tendency to look for in its applications. She will work with Andy and other team members to incorporate these elements into the final application. Andy Hingeveld, AICP — Primary Grant Writer and Grant Mapping Andy will serve as the lead grant writer and complete the required mapping for the application. Andy is a Senior Planner with over ten years of experience. Andy's background covers multiple planning areas including land use and parks and trails, and transportation. This broad background has helped him utilize a comprehensive approach in identifying potential impacts and resolving issues throughout the course of a project. His responsibilities have included project management, public involvement, grant writing, environmental documentation, and transportation planning. Prior to joining WSB, Andy served as a Senior Planner for the Scott County Highway Department. While working at Scott County, Andy successfully prepared applications through the past three rounds of the Regional Solicitation, including a four -mile trail project in the city of Shakopee and a new interchange on US Highway 169 at Trunk Highway 41/CSAH 78. Please see Attachment A for a listing of recent grant successes related to trails, pedestrians/bicyclists and parks. Mr. Ross Demant July 13, 2016 Page 7 Thank you for the opportunity to be of service to you. Please feel free to contact me at 763- 231-4871 with any questions or comments. Sincerely, WSB & Associates, Inc. Jacqueline Corkle, AICP, PTP Sr. Transportation Planner ATTACHMENT A - BACKGROUND AND EXPERIENCE WITH SIMILAR TASKS/PROJECTS As noted in the main body of the proposal, WSB has successfully obtained over $124 million dollars in funding (various types) for its clients since 2010. In addition, priorto joining WSB, Jack had prepared a number of park and trail applications as well as STP applications that incorporated pedestrian and bicycle facilities as part of their projects. Activities that WSB and Jack have successfully obtained funding for projects include: ■ 2015: o City of Princeton —TH 95 and CR 157 improvements — included pedestrian and bicycle facilities ■ 2014: o Anoka County Parks -Mississippi West River Trail; o City of Melrose — DNR local trails; o City of Fridley — West Moore Lake Trail and Bicycle Lanes; o City of Mahtomedi — DNR local trails; ■ 2013: o Anoka County CIMS grant — US 10 and CSAH 83 interchange with pedestrian and trail connections to Mississippi River Trail o City of Willmar CIMS grant — pedestrian bridge and trail; o City of St. Anthony — HSIP grant for sidewalks and traffic signal improvements; o City of Lonsdale — DNR local trails; o City of St. Anthony — Safe Routes to School ■ 2010 — 2012: o City of Rogers TH 101 and CSAH 144 interchanges STP — including pedestrian and bicycle improvements; o Anoka County CSAH 11 STP — including pedestrian and bicycle improvements; o Anoka County CSAH 24 STP — including pedestrian and bicycle improvements; o Anoka County CSAH 116 STP — including pedestrian and bicycle improvements; o Maple Grove Weaver Lake Road STP — included ped and bike facilities; o US 169 and Bren Road interchange STP — included pedestrian and bicycle connections; o US 169 and Bren Road interchange SaM grant — included pedestrian and bicycle connections; o Anoka County CSAH 116 TE — regional trail gap; o City of Hanover TE — Hennepin County CSAH 19 trail; o City of Hanover TE — Wright County CSAH 19 trail; o Beebe Lake Regional Trail — DNR Legacy; o Beebe Lake Regional Trail —TE; o Monticello CSAH 17 trail underpass — DNR local trails; o Monticello Montissippi Park— DNR local trails; o Monticello West River Street — DNR local trails; o Monticello ball field connection — DNR local trails; o Monticello Greater River Trailway/trail head — DNR local trails; o Shakopee pedestrian bridges on US 169—ARRAfunding; o Shakopee pedestrian bridges on US 169—TE; o Excelsior bike and ped gap — Hennepin County ■ 2009: o Anoka County CSAH 14 pedestrian overpass —TE; o Anoka County CSAH 51 reconstruction STP — included pedestrian and bicycle connections; o Anoka County CSAH 11 reconstruction STP — included pedestrian and bicycle connections on an existing four -lane roadway (different section than 2011 grant) ■ 2007: o Anoka County CSAH 116 reconstruction STP — included pedestrian and bicycle connections ■ 2005: o City of Minneapolis Cedar and Franklin Avenue pedestrian enhancements —TE; o City of Bloomington Long Meadow Lake Bridge —TE; o City of Bloomington Killebrew Drive and Mall of America ped/bike crossing —TE; o Carver County Dakota Rail Trail —TE; o Carver County CSAH 11 STP — included trail connection; o Anoka County TH 242 reconstruction STP — included trail connections; o Anoka County CSAH 17 reconstruction — included trail connection; o Anoka County CSAH 14 interchange STP — included pedestrian and bicycle connections; o Anoka County CSAH 116 reconstruction — included pedestrian and bicycle connections o City of Maple Grove CSAH 30 — included trail connection; ■ Prior to 2005: o Anoka County CSAH 52 reconstruction STP — included pedestrian and bicycle connections; o Anoka County CSAH 78 reconstruction STP — included pedestrian and bicycle connections As demonstrated in the lists above, WSB and its staff have had tremendous success in obtaining funding through a wide variety of sources.