ITEM 3.4 Lefebvre Creek Greenway Parkot
NNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Parks and Recreation
Ross Demant, Parks & Recreation Director
January 23, 2017
Streets
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent
Adam Flaherty, Interim City Administrator
3.4
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff is recommending that the City Council approve the proposal from SRF for park development
services for Lefebvre Creek Greenway Park in the amount of $24,500.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No I No
BACKGROUND/JUSTIFICATION:
Parks and Recreation Commissioners reviewed an initial concept plan for the Lefebvre Creek Greenway
Park which is situated in the Boulder Creek Development at their August 12, 2016 meeting. That review
included adding amenities and features to make the park safer and more natural.
The developer was initially going to build the park in exchange for park dedication credit. After
discussions between City staff and the developer, it was determined that the City would assume
responsibility for any additional public park and trail improvements within Boulder Creek and Boulder
Creek 2nd Addition. With the City taking the lead with the planning and construction of Lefebvre Creek
Greenway park, City staff is recommending using to use SRF Consulting Group Inc. for professional
planning services for the plan phase of the park construction.
The City has relied on SRF's services for construction of Frankfort Park, Beaudry Meadows Park,
Kittredge Crossings Park, Zimmer Farm Park, and most recently Northwood Park. SRF is also currently
working with the City to build Norin Landing; this relationship would be the same as the one being
proposed for Lefebvre Creek Greenway Park.
Some keys points of SRF's proposal:
• Meetings with the Commission, Council, and Staff
• Developing 2 conceptual designs
• Assisting in the facilitation of a neighborhood meeting
• Assist with coordinate the pre -construction process
• Work directly with equipment vendors
• Assist with the oversight during the construction
SRF's proposal amount is $24,500 to provide these services. Fees are only charged with services are
rendered, so if part of service is scaled back or not needed then the amount of the contract will
decrease.
SUPPORTING DOCUMENTS: X ATTACHED NONE
A. SRF's Proposal
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve the proposal from SRF for park development services for Lefebvre Creek Greenway
in the amount of $24,500.
BUDGET INFORMATION
FUNDING:
BUDGETED: X YES
Fund #203 Park Development
❑ NO
ENGINEERS
PLANNER S
ILIONI
DESIGNERS
Consulting Group, Inc.
SRF 10147.PP
November 10, 2016
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
(Boulder Creek Park)
Dear Mr. Demant:
Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide
professional services for conceptual design and development of construction documents for Boulder Creek
Park.
Project Background/Understanding
Amenities to be incorporated into the park include a combined play area for 2-5 and 5-12 age groups, an
overlook shade structure near the existing pond, an irrigated lawn area for passive recreation, landscape
planting, site furnishings, and connections to the existing bituminous trail. Site grading has been completed by
the developer, but given the heavy clay soils present within die site, additional grading will be required to
maintain adequate site drainage away from adjacent residential properties. This may also require minimal
storm sewer facilities with connection to the existing storm pond. Circulation routes will meet accessibility
requirements of the Americans with Disabilities Act (ADA). 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 ("Scope of Services") set forth below and incorporated into this
Agreement. 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.
4. Prepare for and attend one (1) meeting with the Park and Recreation Commission to present the concept
alternatives.
www.srfconsuIting.com
One Carlson Parkway North, Suite 150 ( Minneapolis, MN 55447-4443 1 763.475.0010 Fax: 763.475.2427
An Equal Opporlunity Employer
Mr. Ross Demant
City of Otsego
November 10, 2016
Page 2
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, irrigation, and
landscaping.
10. Prepare Stormwater Pollution Prevention Plan (SWPPP).
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:
Park planning accuracy and its level of detail will correspond to the survey and topographic mapping accuracy
and level of detail.
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.
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.
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 witivn 30 days.
Based on our understanding of the project and our scope of services, we estimate the cost of our services to
be $24,500, which includes both time and expenses.
Mr. Ross Demant
City of Otsego
Changes in the Scope of Services
November 10, 2016
Page 3
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.
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.
Timothy Wold, ASLA
Senior Associate
TW/KG/iaf
Attachment A — Standard Terms and Conditions
Approved
(signatuln)
Name
Tide
Date
oc M*ba
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.
S.\Ahrkeliirg\Propoalr\2016LetlerPropora4t\PP10147 BordlerOvekTBlt?A.
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 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.
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.
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 subeonsuitants 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-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 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
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 fiom 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 Tennis and Conditions)
Rev: March 5, 2014