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Home My WebLink About12/07/2023 Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 December 7, 2023 PARKS AND RECREATION ADVISORY COMMITTEE INFORMAL MEETING TENTATIVE AGENDA 6:00 p.m. 1.Parks Referendum Update 2.Misc. Committee / Staff Communications PARKS AND RECREATION ADVISORY COMMITTEE REGULAR MEETING TENTATIVE AGENDA 7:00 p.m. 1.Call to Order and Pledge 2.Approval of the Agenda 3.Audience –10 Minutes Total Time Limit – For Items Not on this Agenda 4.Approval of the November 2023 Minutes 5.Agenda Items A. Consider Approval of Contracts with JLG, Confluence, HGKi, and JQP, Inc., for 2023 Parks Referendum Projects B. Consider Approval of Right of Entry Agreement with ISD 196 for Westview Elementary 6.Division Updates (Jim Zinck and Jordan Johnson) 7.Committee / Staff Discussion Items 8.Adjourn NEXT REGULARLY SCHEDULED MEETINGS - Tentative: Thursday, January 4, 2023 6 p.m. (Informal) and 7 p.m. (Regular) Regular meetings are available on Spectrum Cable Channel180 and on the City’s website at www.applevalleymn.gov ITEM: 4. PARKS & RECREATION ADVISORY City of December 7, 2023 COMMITTEE MEETING DATE: SECTION: Regular CITY OF APPLE VALLEY PARKS AND RECREATION ADVISORY COMMITTEE December 7, 2023 Minutes of the November 2, 2023,Apple Valley Parks and Recreation Advisory Committee. PRESENT: Parks and Recreation Advisory Committee Chair Brent Schulz; Committee Members Mark Schori, Lisa Hiebert, and Noel Hammill; Parks and Recreation Director Eric Carlson; Parks Superintendent Mike Endres; Recreation Superintendent Nate Rosa; Recreation Facilities Manager Brian Christianson; and Administrative Coordinator Kayla Hechsel. ABSENT: Committee Members Dave Freed, Matt Hinrichs, and Craig Long; and Golf Course Manager Jim Zinck ITEM 1. Call to Order Chair Schulz called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance. ITEM 2. Approval of Agenda MOTION: by Schori, seconded by Hiebert, approving the Agenda as presented VOTE: Yes – 4, No – 0 ITEM 3. Audience – 10 Minutes Total Time Limit – For Items Not on the Agenda No one present to speak. ITEM 4. Approval of the September 2023 Minutes. MOTION: by Hammill, seconded by Schori, to approve the August 2023 minutes as presented. VOTE: Yes – 4, No – 0 ITEM 5.A. Agenda Items – Schedule Special Informal Meeting on Tuesday, November 7, 2023 Staff requested to schedule a special informal meeting at the Tavern Grill (15435 Founders Ln) on Tuesday, November 7, 2023, at 8 p.m. to await the results of the Parks Referendum. Members of the community are welcome to join staff and the Committee at this meeting. CITY OF APPLE VALLEY PARKS AND RECREATION ADVISORY COMMITTEE December 7, 2023 MOTION: by Hiebert, seconded by Hammill, to schedule a special informal meeting on Tuesday, November 7, 2023. VOTE:Yes – 4, No – 0 ITEM 5.B. Agenda Items – Schedule Special Informal Joint Meeting with City Council on Thursday, November 9, 2023 Staff requested to schedule a special informal joint meeting with the City Council on Thursday, November 9, 2023, to review the results of the Parks Referendum. MOTION: by Hiebert, seconded by Schori, to schedule a special informal joint meeting with the City Council on Thursday, November 9, 2023. VOTE: Yes – 4, No – 0 ITEM 5.C. Agenda Items – Approve 2024 Meeting Schedule Due to the potential passage of the Parks Referendum, staff anticipate there will be pertinent and timely information for the Committee to review, and staff therefore request setting a monthly meeting schedule for 2024. The understanding is that unnecessary meetings will be cancelled. MOTION: by Hiebert, seconded by Schori, to schedule a special informal meeting on Tuesday, November 7, 2023. VOTE: Yes – 4, No – 0 ITEM 5.D. Agenda Items – Approve Department Fee Schedule for 2024 (All Divisions) Parks & Recreation Department staff made recommendations on schedule and fee changes for 2024 pertaining to facilities, aquatics, fields, parks, and Valleywood Golf Course. (Fee changes have also been recommended for the Hayes and Sports Arena, noting that the changes pertain to the 2024-25 ice season.) Staff are proposing a few schedule modifications and slight changes to some fees in all divisions. Rates are based on expenditure costs as well as comparison of area competitors. All fees include applicable taxes unless noted. As has been done in the past, staff are also requesting latitude for the Parks & Recreation Director or designee to change fees as needed for promotional purposes. Committee members expressed their trust in the changes made by staff. Committee Chair Schulz asked why the private rental rate for commercial members was reduced by half. Recreation Superintendent Nate Rosa explained that very few groups rent at that steep rate, - 2 of 4 - CITY OF APPLE VALLEY PARKS AND RECREATION ADVISORY COMMITTEE December 7, 2023 so the hope is that the reduction in fee will entice more renters with the caveat that rental groups will no longer be able to sell their own ticketed admissions to those rental events. MOTION:by Hammill, seconded by Hiebert, approving the Department Fee Schedules for 2024 for all Divisions and granting the Parks & Recreation Director or designee latitude to adjust fees for promotion as needed. VOTE: Yes – 4, No – 0 ITEM 6. Division Updates – Mike Endres, Brian Christianson, and Nate Rosa Parks Superintendent Mike Endres provided an update on the operations of the Parks Maintenance Division. He highlighted the completion of the Johnny Cake Activity East Maintenance Building project, the acquisition of an autonomous field striper, the completion of the chip and fog sealing of the Johnny Cake Ridge Park East parking lots, partnership projects with Boy Scouts and volunteer groups, the transition from summer to winter operations, and the retirement of two long-time staff members. Recreation Facilities Manager Brian Christianson provided an update on operations at the Hayes and Sports Arenas. He highlighted the off-season usage at the Sports Arena (including tennis operations, consignment sale, craft sales, and first Family Fun Fest), the conversion from dry land to ice at the Sports Arena, and the Learn to Skate program. He also previewed the upcoming skating season for both arenas. Recreation Superintendent Nate Rosa provided a preview on winter Recreation programming for youth and families, adult athletics, and seniors. He also highlighted the success of the third annual Trunk or Treat event, promoted the upcoming 2024 Mid-Winter Fest event, and emphasized efforts to increase non-school day offerings at the Community Center. ITEM 7.A.Committee/Staff Discussion Items – Parks Referendum Reminder Director Eric Carlson gave a short presentation detailing the projects included in the 2023 Parks Referendum, which residents will have the opportunity to vote on in the Special Election on November 7, 2023. ITEM 7.B. Committee/Staff Discussion Items – Parks & Recreation Job Opportunities Administrative Coordinator Kayla Hechsel provided information on available job opportunities in the Parks & Recreation Department for the winter season. ITEM 8. Adjourn There being no further business, the Parks and Recreation Advisory Committee meeting was adjourned. - 3 of 4 - CITY OF APPLE VALLEY PARKS AND RECREATION ADVISORY COMMITTEE December 7, 2023 MOTION: by Schori, seconded by Hammill, to adjourn the meeting at 8:02 p.m. VOTE: Yes – 4, No – 0 Respectfully Submitted, Kayla Hechsel, Administrative Coordinator Approved by the Apple Valley Parks and Recreation Advisory Committee Brent Schulz, Chair on December 7, 2023. - 4 of 4 - ITEM: 5.A. PARKS & RECREATION ADVISORY City of December 7, 2023 COMMITTEEMEETING DATE: SECTION: RegularAgenda ITEM DESCRIPTION: Contracts with JLG, Confluence, HKGi, and JQP, Inc. for 2023 Parks Referendum Projects STAFF CONTACT: DEPARTMENT/DIVISION: Eric Carlson, Director Parks and Recreation Department Action Requested Consider Approval of Multiple Contracts for 2023 Parks Referendum Projects Summary Staff have received proposals from JLG, Confluence, HKGi, and JQP, Inc., for the following 2023 Parks Referendum Projects: - Apple Valley Community Center and Senior Center (JLG) - Apple Valley Family Aquatic Center (JLG) - Kelley Park (Confluence) - Redwood Park (Confluence) - Neighborhood Park & Playground Replacement Planning (HKGi) - Accessibility Consulting Services (JQP, Inc.) Staff are looking for the Committee’s approval to enter into these contracts before staff bring them to the City Council for official approval. Background Staff hired JLG and Confluence at the beginning of the referendum process to perform facility master planning (JLG) and parks master planning (Confluence) as well as design the sign master plan (Confluence). As these firms are so familiar with these projects and our visions, it seems to be a natural fit to hire them to do the design work for the respective projects listed above. HKGi specializes in planning, landscape architecture, and urban design. Staff would like to hire their firm to gather data on park amenities in Apple Valley and create a plan for the future of amenities across our park system. JQP, Inc. is an accessibility consulting service that staff would like to hire to ensure that all projects in this referendum are keeping accessibility requirements in mind to allow us to meet (and exceed where possible) all ADA requirements. The proposals included in this packet are all in draft form.Staff expect to make minor changes after the City attorney’s review, but most of the details in the proposals will likely stay as they are. Once approval is received from the Committee, staff will bring these contracts to the City Council in December for their approval. Please note that staff will be bringing more proposals to the Committee for approval in the near future for a construction manager, soil borings/surveying, the youth baseball/softball complex, and Hayes Arena. DRAFT ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ DRAFT ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ DRAFT ¸ ¸ ¸ DRAFT DRAFT ¸ p p p p ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ DRAFT ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ DRAFT DRAFT DRAFT November 29, 2023 City of Apple Valley Attention: Eric Carlson, Parks and Recreation Director Apple Valley Parks & Recreation Department 14603 Hayes Road Apple Valley, MN 55124 RE: An Agreement for Provision of Professional Services Apple Valley Kelley Park Eric: We are pleased to submit this professional services agreement for Schematic Design through Construction Documentation and Construction Administration Design Services as provided herein between the City of Apple Valley (Client) and Confluence (Consultant), project lead. We are looking forward to working on your project! Project The Project for the City of Apple Valley includes professional design services, construction, and implementation of improvements to Kelley Park as part of a successful Parks Bond Referendum. The process will involve community engagement, city approvals, council and parks committee meetings, and cost estimating. The project team will include Landscape Architecture, Architecture, Civil Engineering, Electrical Engineering, Geotechnical Engineering, Structural Engineering, and Mechanical and Aquatic Engineering as needed. Article 1: Design Services Project : Kelley Park Improvements Professional Services for Kelley Park Schematic Design and Construction Documentation for all park improvements as identified in the approved concept design with a project budget of $8,600,000. This will include a new performance area with stage and bandshell (including greenroom, sound system, storage space and video screen), new expanded playground structures and equipment with PIP surfacing, new expanded interactive splashpad, park building with storage and restrooms, food truck area with power and parking, basketball court, shelters, lawns, trails, landscape, hardscape, site furnishing, irrigation, lighting, power stations, Technology (including programmable locks, Wi-Fi, fiber, cameras and cable tv), expanded parking, stairs, walls and public art. Cost estimating for the improvements. Bidding and construction administration services. Including construction meetings, review shop drawings, process payment applications and process of field administration items. thinkconfluence.com DRAFT Preparation of a punch-list and assist with closing out the project. Prepare final as-builts based on the general contractors marked up field drawings. Professional Team Confluence - landscape architecture, JLG - architecture, Nelson-Rudie and Associates - structural and MEP engineering, EVS - civil engineering, Re-engineered - Aquatics, and Braun - Geotechnical as needed. Construction Timeline and Schedule Design and Public Engagement for Kelley Park will begin in Spring of 2024 Approvals and Bidding of Kelley Park will be completed in March of 2025 Construction of Kelley Park will begin in April of 2025 and conclude in the summer of 2026. 1 Part One: Schematic Design ȟ City Approval and Review 1.1 Schematic Design Services to be provided under this agreement include Landscape Architecture, Architecture, Civil Engineering, Mechanical and Electrical Engineering and Aquatic Engineering and scope refinement as needed from the preferred concept design. 1.2 Based on the Concept Design Development phase submission approved by the City, the Consultant shall prepare Schematic Design Documents suitable for City of Apple Valley Planned Approvals. Develop as required by City of Apple Valley Site Plan, entitlement, and approval submittal requirements. 1.3 Identify, with the Client, needs such as, but not limited to: 1.3.1 Development of landscape and hardscape areas in park. 1.3.2 Development of buildings, structures and required services for bandshell and stage, restrooms, pergolas, mechanical and storage facilities. 1.3.3 Utilities and Infrastructure. 1.3.4 Technology includes video screen, Wi-Fi, fiber, cameras, cable tv and programmable locks and card readers. 1.3.5 Plazas, patios, lawns and open space, circulation, and pedestrian access. 1.3.6 Develop ideas related to programming outdoor activities. 1.3.7 Relationship to existing adjacent development and trails. 1.3.8 Site furnishings 1.3.9 Play structures with PIP surfacing. 1.3.10 Interactive water features and mechanical infrastructure. 1.3.11 Basketball court. 1.3.12 Stormwater and green infrastructure. 1.3.13 Site and building lighting and electrical needs. 1.3.14 Site grading and wall structures. 1.3.15 Fencing, access, and security. 1.3.16 Pollinator and natural areas. 1.3.17 Park signage and monument sign with reader board for upcoming events APPLE VALLEY KELLEY PARK IMPLEMENTATION / 23485 Page 2 of 10 thinkconfluence.com DRAFT 1.4 The Public Engagement process will include focus group meetings and public online and in person open houses with key stakeholders including but not limited to the Apple Valley Arts Foundation, residents, city council, staff, boards, and commissions. Public engagement will include up to 5 focus group meetings and 2-3 in person open house events. Council and commission presentations will be done as necessary throughout the process. Information throughout the design process and public input will also be available on the Apple Valley Parks Social Pinpoint website. 1.5 Develop plans for approvals and SD level costing, needs such as, but not limited to: 1.5.1 Existing Conditions plan 1.5.2 Site Grading and Utility plans 1.5.3 Stormwater Management plan 1.5.4 Site and Landscape plan with certificate of survey as the base 1.5.5 Planting Plans 1.5.6 Site and Planting Details as needed. 1.5.7 Hardscape Plans 1.5.8 Architectural plans and elevations 1.5.8.1 Architectural Plans for restroom pavilion and bandshell 1.5.8.1 Overall Floor Plan (1/4Ȩ scale) 1.5.8.1 Overall Roof Plan (1/4Ȩ scale) 1.5.8.1 Colored Exterior Elevations and a total of two (2) 3D Concept Renderings to describe the schematic design. 1.5.8.1 Representative Building Sections to describe the overall project construction approach. 1.5.8.1 Schematic Level Revit Models 1.5.9 Aquatic design for interactive water feature and splash pad for state review 1.5.10 Playground and surfacing 1.5.11 Site Furnishings and amenities 1.5.12 Mechanical, electrical and technology requirements 1.5.13 Proposed materials 1.5.14 Outline Specifications 1.5.15 Site Lighting Photometrics concepts 1.6 The final product shall be graphic illustrations, drawings and renderings necessary to communicate the Schematic Site Design for costing and the city and state approval process needed. 1.7 Existing Utility Coordination will be coordinated with the City and State on all site development and its relationship to current site utilities and access. 1.4 Meetings and coordination with the City, Staff, Construction Manager(CM), Consultant Team, and their representatives, as needed. 1.5 The Consultant Team Coordination: We will coordinate internally with all disciplines throughout the design and implementation process. 1.6 Consultant will provide the Client with probable cost opinions. APPLE VALLEY KELLEY PARK IMPLEMENTATION / 23485 Page 3 of 10 thinkconfluence.com DRAFT 1.7 These documents shall be reviewed by the Client, with any comments and minor revisions occurring in this phase. Any City directed changes that significantly modify approved direction from the design, this would be deemed extra services and billed on an hourly basis. Consultant will identify any perceived extra services prior to proceeding with work. 1.8 Provide up to two design resubmittals as required by City Approvals 2 Part Two: Construction Documents 2.1 Construction Document Services to be provided under this agreement include Landscape Architecture, Architecture, Civil Engineering, Mechanical and Electrical Engineering and Aquatic Engineering and are detailed below. 2.2 Based on the Schematic Design Development phase submission approved by the Client, the Consultant shall prepare Construction Documents suitable for bidding or contract negotiations and for construction of the Project. Develop as required by City of Apple Valley needs such as, but not limited to: 2.2.1 Construction plans and documents including: 2.2.1.1 Site preparation/demolition plan 2.2.1.2 Layout plan(s) 2.2.1.3 Site Grading and drainage plans 2.1.1.3.1 Final Subdivision Plan 2.1.1.3.2 Existing Conditions Plan 2.1.1.3.3 Preliminary and Final Grading/Drainage and Stormwater Pollution Prevention Plans 2.1.1.3.4 Preliminary and Final Utility Plan 2.1.1.3.5 Stormwater Management Plan 2.1.1.4 Building and structures plans 2.1.1.4.1 Full, four (4) part project specifications 2.1.1.4.2 Building Plans 2.1.1.4.3 Life Safety and Exiting Diagrams 2.1.1.4.4 Reflected Ceiling Plans 2.1.1.4.5 Typical Wall Type Details 2.1.1.4.6 Exterior Building Elevations 2.1.1.4.7 Typical Wall Sections and Key Details Enlarged 2.1.1.4.8 Roof Plan 2.1.1.4.9 Assistance with updating permits. 2.1.1.5 Mechanical Electrical and Technology Plans 2.1.1.6 Interactive Water Feature Plans and Specifications 2.1.1.7 Site Furnishings & amenities plans 2.1.1.8 Landscape and Hardscape plans 2.1.1.9 Irrigation performance specifications 2.1.1.10 Detail Drawings 2.1.1.10.1 Prepare construction details to describe the materials, spatial relationships, connections, and finished suitable for constructing the proposed improvements. APPLE VALLEY KELLEY PARK IMPLEMENTATION / 23485 Page 4 of 10 thinkconfluence.com DRAFT 2.1.1.11 Specifications 2.1.1.11.1 Prepare construction specifications for the proposed improvements. 2.1.1.12 Lighting and Photometric plans 2.2.2 Conduct Code review with building officials and State officials. 2.2.3 Review all site circulation and access with JQP Inc., a subconsultant of the city of Apple Valley as related to ADA issues. 2.2.4 Update opinion of probable costs of the proposed improvements. 2.2.5 Prepare documents suitable for review for compliance with applicable governmental requirements and assist the Client in the submission to governmental agencies. 2.2.6 Address timely and applicable review comments received from agencies and revise Construction Documents for compliance when required. 2.2.7 Submit one electronic pdf set of the Construction Documents. Printed copies will be Reimbursable Expense. 2.2.8 Meetings and coordination with Client, CM, Consultant and Sub Consultants throughout process. 2.3 These documents shall be reviewed by the Client, with any comments and minor revisions occurring in this phase. Any Client or CM directed changes that significantly modify the approved direction from site plan submittal will be deemed extra services and billed on an hourly basis. The Consultant will identify any perceived extra services prior to proceeding with work, whenever possible. 3 Part Three: Construction Administration 3.1 Meetings with the Client, Consultant, Sub Consultants, CM and Contractors, as needed. 3.2 Assist with Bidding Process and bid review as needed. 3.3 Site visits, (resident services will be charged hourly) preparation of progress reports, responses to RFγȤs and generation of project completion punch lists as needed. 3.4 Weekly coordination meetings, pre-construction meetings, site inspections, punch, substantial completion, and warranty inspections. APPLE VALLEY KELLEY PARK IMPLEMENTATION / 23485 Page 5 of 10 thinkconfluence.com DRAFT Article 2: Fees and Expenses: 2.1 We recommend a percentage of construction cost approach based on the budget estimate established during the concept design phase of the project completed in 2026. It is understood that the project budget is set at $8.6M. 2.2 The construction budget is estimated at $7.16M (80% of $8.6M). We propose a 7.5% design fee. Utilizing the construction cost budget of $7.16M this equates to a fee of $540,000. 2.3 We have also identified 0.5% for special fees, inspections, reimbursable expenses, site survey, soil borings and special inspections totaling $40,000. 2.4 There is a construction contingency of 12%, this would include the CM fees and any unforeseen construction overages totaling approximately $860,000. 2.5 Reimbursable Expenses are expenditures made by the Design Teams, their employees, and consultants in the interest of the Project plus an administrative fee of 15%. Reimbursable Expenses include but are not limited to travel expenses, costs of reproduction of documents, postage, services of professional consultants which cannot be quantified at the time of contracting, and other, similar, direct Project related expenditures. See Exhibit A for Confluence standard Reimbursable Expenses 2.6 If the project is suspended for more than three (3) months, or abandoned in whole or in part, this firm shall be paid their compensation for services performed prior to receipt of written notice from the Client of such suspension or abandonment, together with reimbursable expenses then due and all terminal expenses resulting from such suspension or abandonment. Article 3: Standard Services 3.1 Supplemental Services. Supplemental Services are beyond the basic Scope of Services, and when requested in writing by the Client, shall entitle the Consultant to additional compensation (either on the hourly basis stated in ȧExhibit AȨ or the basis of a negotiated sum) beyond the Compensation stated in Article 6 Consultant Compensation. 3.2 Standard of Care. The Consultant Services shall be performed with care and diligence in accordance with the professional standards applicable at the time and in the location of the Project and appropriate for a project of the nature and scope of this Project. 3.3 Changes to Approved Services. Revisions to drawings or other documents shall constitute Supplemental Services made necessary because of Client-requested changes to previously approved drawings or other documents, or because of Client changes to previous Project budget parameters or Project requirements. 3.4 Schedule of Performance. The Client's signature on this Agreement shall be the basis for the Consultant to begin providing services for the Project. The Consultant shall perform the APPLE VALLEY KELLEY PARK IMPLEMENTATION / 23485 Page 6 of 10 thinkconfluence.com DRAFT services per the ClientȤs proposed schedule and complete the project by August 2026 or as agreed 200 days from the date of execution of this agreement by the City. Article 4: ClientȤs Responsibilities 4.1 Information. The Client shall provide data about the site and other information on which the design is to be based as well as Client's budget parameters for the Project. Some data for the site may be provided as part of the Scope of Services. The Consultant shall be entitled to rely on the accuracy and completeness of information provided by the Client. 4.2 Budget. The Consultant shall reasonably strive to propose designs and prepare documents consistent with the Client's budget parameters. If provided by the Consultant as a part of the Scope of Services, opinions of probable construction costs are based on the ConsultantȤs familiarity with the construction industry and are provided only to assist the Client's budget planning. Such opinions shall not be construed to provide a guarantee or warranty that the actual construction costs will be within the Project budget parameters at the time construction bids are solicited or construction contracts negotiated. 4.3 Approvals. The Client's decisions, approvals, reviews, and responses shall be communicated to the Consultant in a timely manner so as not to delay the performance of the Consultant Services. 4.4 Project Permit and Review Fees. The Client shall pay all fees required to secure jurisdictional approvals for the Project. Article 5: Ownership of Documents 5.1 The Consultant shall be deemed the author and owner of all documentȤs deliverables developed pursuant to this Agreement and provided to the Client by the Consultant (collectively, the "Design Materials"). Subject to payment by the Client of all fees and Reimbursable Expenses owed to the Consultant, the Consultant grants the Client an irrevocable, non-exclusive license to reproduce the Design Materials solely for to the construction of the Project and for information and reference with respect to the use of the Project. Article 6: Consultant Compensation 6.1 Monthly payments to the Consultant shall be based on (1) the percentage of Scope of Services completed and shall include payments for (2) Supplemental Services performed, and (3) Reimbursable Expenses incurred. 6.2 Payments are due and payable 45 days from the date of the ConsultantȤs invoice. γnvoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5% simple interest per month. At the ConsultantȤs option, overdue payments may be grounds for termination or suspension of services. In the event any portion or all of an account remains unpaid 120 days after billing, the Client shall pay all costs of collection, including reasonable attorneyȤs fees. APPLE VALLEY KELLEY PARK IMPLEMENTATION / 23485 Page 7 of 10 thinkconfluence.com DRAFT Article 7: Insurance, Indemnification, Consequential Damages & Limitation of Liability 7.1 Insurance. The Consultant shall secure and maintain insurance coverages indicated as follows: Coverage: Liability Limits: Professional Liability: $2,000,000 per claim/$4,000,000 aggregate Commercial General Liability: $1,000,000 per claim/$2,000,000 aggregate Comprehensive Automobile Liability: $1,000,000 combined single limit Umbrella Liability: $3,000,000 each occurrence/$3,000,000 aggregate Drone Aviation Liability: $1,000,000 per claim Workers Compensation: $2,000,000 per claim/$2,000,000 policy limit 7.2 Indemnification: Client and Consultant each agree to indemnify and hold harmless the other, and their respective officers, employees, and representatives, from and against liability for losses, damages, and expenses, including reasonable attorneyȤs fees, to the extent such losses, damages or expenses are caused by the indemnifying partyȤs negligent acts, errors, or omissions. In the event losses, damages or expenses are caused by the joint or concurrent negligence of the Client and Consultant, they shall be borne by each party in proportion to its negligence. 7.3 Consequential Damages. The Consultant and the Client waive consequential damages for claims, disputes, or other matters in question which arise of or are related to this Agreement, including but not limited to consequential damages due to the termination of this Agreement by either party in accordance with the provisions of Article 7 thereof. 7.4 Limitation of Liability. To the maximum extent permitted by law, the Client agrees to limit the ConsultantȤs liability for the ClientȤs damages to the sum of $50,000.00. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Article 8: Dispute Resolution 8.1 If a dispute arises out of or relates to this agreement, the parties shall endeavor to resolve their differences first through direct discussions. If the dispute has not been settled within 14 days of the initial discussions, the parties shall submit the dispute to mediation, the cost of which shall be shared equally by both parties. 8.2 For any claim subject to, but not resolved by, mediation pursuant to 6.1, the method of binding dispute resolution shall be as follows: Arbitration pursuant to the Construction Industry Mediation Rules of the American Arbitration Association Litigation in a court of competent jurisdiction 8.3 Nothing in these provisions shall limit rights or remedies not expressly waived under applicable lien laws. APPLE VALLEY KELLEY PARK IMPLEMENTATION / 23485 Page 8 of 10 thinkconfluence.com DRAFT Article 9: Termination 9.1 This agreement may be terminated by either party on seven (7) daysȤ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination, provided the defaulting party has not cured or in good faith diligently commenced to cure the breach during the 7-day notice period. If the project is terminated, the Consultant shall be paid their compensation for services performed prior to receipt of written notice from the Client, together with reimbursable expenses and applicable taxes then due. Article 10: Other Terms & Conditions 10.1 Promotional Materials & Images. The Consultant shall have the right to include photographic or artistic representations of the design of the Project among the ConsultantȤs promotional and professional materials. The Consultant shall be given reasonable access to the completed Project to make such representations. However, the ConsultantȤs materials shall not include the ClientȤs confidential or proprietary information if the Client has previously advised the Consultant in writing of the specific information considered by the Client to be confidential or proprietary. The Client shall provide professional credit for the Consultant in the ClientȤs promotional materials for the Project. 10.2 Assignment. Neither party shall assign their interest in this Agreement without the expressed written consent of the other, except as to the assignment of the proceeds. 10.3 Governing Law. The laws of the State of Minnesota shall govern this agreement. 10.4 Complete Agreement. This Agreement represents the entire understanding between the Client and Consultant and supersedes all prior negotiations, representations, or agreements, whether written or oral with respect to its subject matter. The person(s) signing this Agreement on behalf of the parties hereby individually warrant that they have full legal power to execute this Agreement on behalf of the respective parties and to bind and obligate the parties with respect to all provisions contained herein. This Agreement may be amended only in writing signed by both the Client and Consultant. Offered by: Consultant Accepted By: Client Confluence, Inc. City of Apple Valley 11-29-2023 Signature & Date Signature & Date Terry Minarik - Principal Printed Name & Title Printed Name & Title Confluence 901 North Third Street Suite 225 Minneapolis, Minnesota 55401 APPLE VALLEY KELLEY PARK IMPLEMENTATION / 23485 Page 9 of 10 thinkconfluence.com DRAFT Exhibit ȧAȨ: Landscape ArchitectȤs Standard Hourly Rates & Reimbursable Expenses STANDARD HOURLY RATES Senior Principal ..................................................................................................... $160.00 - $230.00 per hour Principal ................................................................................................................. $140.00 - $195.00 per hour Associate Principal ............................................................................................... $130.00 - $170.00 per hour Associate ................................................................................................................ $110.00 - $160.00 per hour Senior Project Manager ....................................................................................... $100.00 - $150.00 per hour Project Manager ...................................................................................................... $90.00 - $120.00 per hour Senior Landscape Architect ................................................................................... $90.00 - $120.00 per hour Landscape Architect ................................................................................................ $80.00 - $110.00 per hour Senior Project Planner ............................................................................................ $90.00 - $120.00 per hour Planner II .................................................................................................................. $80.00 - $110.00 per hour Planner I ................................................................................................................... $70.00 - $100.00 per hour Landscape Architect-In-Training............................................................................ $70.00 - $100.00 per hour Landscape Architect Intern / Landscape Designer ............................................... $60.00 - $85.00 per hour Draftsperson .............................................................................................................. $50.00 - $85.00 per hour Graphic Designer ..................................................................................................... $70.00 - $100.00 per hour Clerical / System Staff ............................................................................................... $42.00 - $80.00 per hour REIMBURSABLE EXPENSES Social Pinpoint Public Engagement Tool .......................................................................................... $1,500.00 Filing Fees ........................................................................................................................................... 1.15 x cost Materials and Supplies ..................................................................................................................... 1.15 x cost Meals and Lodging ............................................................................................................................ 1.15 x cost Mileage ........................................................................................................................................... $.56 per mile Postage ............................................................................................................................................... 1.15 x cost Printing by Vendor ............................................................................................................................ 1.15 x cost B/W Photocopies/Prints 8½ x 11 ....................................................................................................... $.05 each B/W Photocopies/Prints 11x17 .......................................................................................................... $.09 each Color Photocopies/Prints 8½ x 11 ..................................................................................................... $.65 each Color Photocopies/Prints 11x17 ...................................................................................................... $1.50 each Large Format Plotting ȟ Bond ............................................................................................................. $2.50/SF Large Format Plotting - Mylar ............................................................................................................. $4.50/SF Large Format Plotting - Photo ............................................................................................................ $5.00/SF Flash Drives ...................................................................................................................................... $10.00 each Booklet Binding (cover, coil, back) .................................................................................................. $4.50 each Foam Core ......................................................................................................................................... $8.00 each Easel Pads ........................................................................................................................................ $32.75 each Electronic Files ................................................................................................................................. $50.00 Each Online Meeting Service ................................................................................................................... $35.00 Each Effective 1/1/2023 End of Exhibit ȧAȨ APPLE VALLEY KELLEY PARK IMPLEMENTATION / 23485 Page 10 of 10 thinkconfluence.com DRAFT KelleyPark CityofAppleValleyOutlineofNeeds 1.Highlights a. Bathrooms i. Unisex ii. Adultchanging iii. ExploreSelfCleaning b. FoodTrucks i. Power ii. Parking iii. Standinginlinequeue c. Grading d. IncludeKelleySouth e. Irrigaon(recyclewater) f. Landscaping g. Lighng i. Solar ii. Paths iii. ParkingLots h. PublicArt i. SplashPadwaterreuseΑvaultforirrigaon j. Stage i. Largevideoscreen ii. Greenroom iii. Soundsystem k. Technology i. ProgramableLocks/CardReader ii. WiFi iii. Fiber iv. Cameras v. CableTV 2. Miscellaneous a. KelleyParkFountain(publicart) b. NaturalPrairie/Buer Ť ies/SurfaceWater c. ParkIDsignwithreaderboard DRAFT November 29, 2023 City of Apple Valley Attention: Eric Carlson, Parks and Recreation Director Apple Valley Parks & Recreation Department 14603 Hayes Road Apple Valley, MN 55124 RE: An Agreement for Provision of Professional Services Apple Valley Redwood Park Eric: We are pleased to submit this professional services agreement for Schematic Design through Construction Documentation and Construction Administration Design Services as provided herein between the City of Apple Valley (Client) and Confluence (Consultant), project lead. We are looking forward to working on your project! Project The Project for the City of Apple Valley includes professional design services, construction, and implementation of improvements to Redwood Park as part of a successful Parks Bond Referendum. The process will involve community engagement, city approvals, council and parks committee meetings, and cost estimating. The project team will include Landscape Architecture, Architecture, Civil Engineering, Mechanical and Electrical Engineering, Structural Engineering, Aquatic Engineering and Geotechnical Engineering as needed. Article 1: Design Services Project: Redwood Park Improvements Professional Services for Redwood Park Schematic Design and Construction Documentation for all park improvements as identified in the approved concept design with a project budget of $9,600,000. This will include a new custom inclusive playground with structures, amenities and a PIP surfacing, new aquatics facility with pool and park building (including kitchen, restrooms, changerooms, showers, administration space, meeting space, storage, mechanical equipment room, Lifeguard room, solar roof), pickleball, tennis, equa volley and basketball courts, baseball field, park shelters, lawns, trails, landscape, hardscape, site furnishing, irrigation, fire feature, fencing, lighting, power stations, Technology (including programmable locks, Wi- Fi, fiber, and cameras), expanded parking, stairs, walls and coordinate with County on pedestrian tunnel. Cost estimating for the improvements. thinkconfluence.com DRAFT Bidding and construction administration services. Including construction meetings, review shop drawings, process payment applications and process of field administration items. Preparation of a punch-list and assist with closing out the project. Prepare final as-builts based on the general contractors marked up field drawings. Professional Team Confluence - landscape architecture, JLG - architecture, Nelson-Rudie and Associates - structural and MEP engineering, EVS - civil engineering, Re-engineered - Aquatics, and Braun - Geotechnical as needed. Construction Timeline and Schedule Design and Public Engagement for Redwood Park will begin in Spring of 2024 Approvals and Bidding of Redwood Park will be completed in March of 2025 Construction of Redwood Park will begin in April of 2025 and conclude in the summer of 2026. 1 Part One: Schematic Design ȟ City Approval and Review 1.1 Schematic Design Services to be provided under this agreement include Landscape Architecture, Architecture, Civil Engineering, Mechanical and Electrical Engineering and Aquatic Engineering and scope refinement as needed from the preferred concept design. 1.2 Based on the Concept Design Development phase submission approved by the City, the Consultant shall prepare Schematic Design Documents suitable for City of Apple Valley Planned Approvals. Develop as required by City of Apple Valley Site Plan, entitlement, and approval submittal requirements. 1.3 Identify, with the Client, needs such as, but not limited to: 1.3.1 Development of landscape and hardscape areas in park. 1.3.2 Development of Park Pool Building, structures and required services for restrooms, changerooms, showers, admin space, lifeguard room, meeting space, kitchen, mechanical and storage facilities. 1.3.3 Utilities and Infrastructure. 1.3.4 Technology includes Wi-Fi, fiber, cameras, programmable locks and card readers. 1.3.5 Plazas, patios, lawns and open space, Parking, circulation, and gathering. 1.3.6 Develop ideas related to programming outdoor activities. 1.3.7 Relationship to existing adjacent restroom, development, tunnel and trails. 1.3.8 Site furnishings and specialty features. 1.3.9 Inclusive play structures with PIP surfacing. 1.3.10 Pool(s) and mechanical infrastructure. 1.3.11 Basketball court, pickelball and tennis courts, equa volley courts, baseball field. 1.3.12 Irrigation 1.3.13 Stormwater and green infrastructure. 1.3.14 Site and building mechanical, lighting and electrical needs. 1.3.15 Site grading, steps, ramps and wall structures. APPLE VALLEY REDWOOD PARK IMPLEMENTATION / 23485 Page 2 of 11 thinkconfluence.com DRAFT 1.3.16 Fencing, access, and security. 1.3.17 Pollinator and natural areas. 1.3.18 Park signage 1.4 The Public Engagement process will include focus group meetings and public online and in person open houses with key stakeholders including but not limited to the Save Redwood neighborhood groups, Inclusive play groups and specialists, residents, city council, staff, boards, and commissions. Public engagement will include up to 8 focus group meetings and 2-3 in person open house events. Council and commission presentations will be done as necessary throughout the process. Information throughout the design process and public input will also be available on the Apple Valley Parks Social Pinpoint website. 1.5 Develop plans for approvals and SD level costing, needs such as, but not limited to: 1.5.1 Existing Conditions plan 1.5.2 Site Grading and Utility plans 1.5.3 Stormwater Management plan 1.5.4 Site and Landscape plan with certificate of survey as the base 1.5.5 Planting Plans 1.5.6 Site and Planting Details as needed. 1.5.7 Hardscape Plans 1.5.8 Architectural plans and elevations 1.5.8.1 Architectural Plans for Park/Pool Building 1.5.8.1 Including, Bathrooms, changing rooms, admin, meeting space, lifeguard room, mechanical and electrical rooms, showers, kitchen, and storage. 1.5.8.1 Overall Floor Plan (1/4Ȩ scale) 1.5.8.1 Overall Roof Plan (1/4Ȩ scale) 1.5.8.1 Colored Exterior Elevations and a total of two (2) 3D Concept Renderings to describe the schematic design. 1.5.8.1 Representative Building Sections to describe the overall project construction approach. 1.5.8.1 Schematic Level Revit Models 1.5.9 Aquatic design for pools and other aquatics for state review 1.5.10 Inclusive playground and surfacing 1.5.11 Site Furnishings and amenities 1.5.12 Mechanical, electrical and technology requirements 1.5.13 Proposed materials 1.5.14 Outline Specifications 1.5.15 Site Lighting Photometrics concepts 1.6 The final product shall be graphic illustrations, drawings and renderings necessary to communicate the Schematic Site Design for costing and the city and state approval process needed. 1.7 Existing Utility Coordination will be coordinated with the City and State on all site development and its relationship to current site utilities and access. APPLE VALLEY REDWOOD PARK IMPLEMENTATION / 23485 Page 3 of 11 thinkconfluence.com DRAFT 1.4 Meetings and coordination with the City, Staff, Construction Manager(CM), Consultant Team, and their representatives, as needed. 1.5 The Consultant Team Coordination: We will coordinate internally with all disciplines throughout the design and implementation process. 1.6 Consultant will provide the Client with probable cost opinions. 1.7 These documents shall be reviewed by the Client, with any comments and minor revisions occurring in this phase. Any City directed changes that significantly modify approved direction from the design, this would be deemed extra services and billed on an hourly basis. Consultant will identify any perceived extra services prior to proceeding with work. 1.8 Provide up to two design resubmittals as required by City Approvals 2 Part Two: Construction Documents 2.1 Construction Document Services to be provided under this agreement include Landscape Architecture, Architecture, Civil Engineering, Mechanical and Electrical Engineering and Aquatic Engineering and are detailed below. 2.2 Based on the Schematic Design Development phase submission approved by the Client, the Consultant shall prepare Construction Documents suitable for bidding or contract negotiations and for construction of the Project. Develop as required by City of Apple Valley needs such as, but not limited to: 2.2.1 Construction plans and documents including: 2.2.1.1 Site preparation/demolition plan 2.2.1.2 Layout plan(s) 2.2.1.3 Site Grading and drainage plans 2.1.1.3.1 Final Subdivision Plan 2.1.1.3.2 Existing Conditions Plan 2.1.1.3.3 Preliminary and Final Grading/Drainage and Stormwater Pollution Prevention Plans 2.1.1.3.4 Preliminary and Final Utility Plan 2.1.1.3.5 Stormwater Management Plan 2.1.1.4 Pool Building and structures plans 2.1.1.4.1 Full, four (4) part project specifications 2.1.1.4.2 Building Plans 2.1.1.4.3 Life Safety and Exiting Diagrams 2.1.1.4.4 Kitchen Facility plan 2.1.1.4.5 Reflected Ceiling Plans 2.1.1.4.6 Typical Wall Type Details 2.1.1.4.8 Exterior Building Elevations 2.1.1.4.8 Typical Wall Sections and Key Details Enlarged 2.1.1.4.9 Roof Plan 2.1.1.4.10 Assistance with updating permits. 2.1.1.5 Mechanical Electrical and Technology Plans APPLE VALLEY REDWOOD PARK IMPLEMENTATION / 23485 Page 4 of 11 thinkconfluence.com DRAFT 2.1.1.6 Pool and aquatics plans and specifications 2.1.1.7 Site Furnishings & amenities plans 2.1.1.8 Landscape and Hardscape plans 2.1.1.9 Irrigation performance specifications 2.1.1.10 Detail Drawings 2.1.1.10.1 Prepare construction details to describe the materials, spatial relationships, connections, and finished suitable for constructing the proposed improvements. 2.1.1.11 Solar array and specifications 2.1.1.12 Specifications 2.1.1.12.1 Prepare construction specifications for the proposed improvements. 2.1.1.13 Lighting and Photometric plans 2.2.2 Conduct Code review with building officials and State officials. 2.2.3 Review all site circulation and access with JQP Inc., a subconsultant of the city of Apple Valley as related to ADA issues. 2.2.4 Coordinate with Dakota County on Tunnel placement and location and how it integrates into the construction documents. 2.2.5 Update opinion of probable costs of the proposed improvements. 2.2.6 Prepare documents suitable for review for compliance with applicable governmental requirements and assist the Client in the submission to governmental agencies. 2.2.7 Address timely and applicable review comments received from agencies and revise Construction Documents for compliance when required. 2.2.8 Submit one electronic pdf set of the Construction Documents. Printed copies will be Reimbursable Expense. 2.2.9 Meetings and coordination with Client, CM, Consultant and Sub Consultants throughout process. 2.3 These documents shall be reviewed by the Client, with any comments and minor revisions occurring in this phase. Any Client or CM directed changes that significantly modify the approved direction from site plan submittal will be deemed extra services and billed on an hourly basis. The Consultant will identify any perceived extra services prior to proceeding with work, whenever possible. 3 Part Three: Construction Administration 3.1 Meetings with the Client, Consultant, Sub Consultants, CM and Contractors, as needed. APPLE VALLEY REDWOOD PARK IMPLEMENTATION / 23485 Page 5 of 11 thinkconfluence.com DRAFT 3.2 Assist with Bidding Process and bid review as needed. 3.3 Site visits, (resident services will be charged hourly) preparation of progress reports, responses to RFγȤs and generation of project completion punch lists as needed. 3.4 Coordinate funding dollar requirements with CM to see if prevailing wage is required on federal money allocated to the playground. 3.5 Weekly coordination meetings, pre-construction meetings, site inspections, punch, substantial completion, and warranty inspections. Article 2: Fees and Expenses: 2.1 Compensation for Redwood Park: We recommend a percentage of construction cost approach based on the budget estimate established during the concept design phase of the project completed in 2026. It is understood that the project budget is set at $9.6M. 2.2 The construction budget is estimated at $8.0M (80% of $9.6M). We propose a 7.5% fee. Utilizing the construction cost budget of $8.0M this equates to a fee of $600,000. 2.3 We have also identified 0.5% for special fees, inspections, reimbursable expenses, site survey, soil borings and special inspections totaling $45,000. 2.4 Compensation for Redwood Park Community Pool: We recommend a percentage of construction cost approach based on the budget estimate established during the concept design phase of the project completed in 2026. It is understood that the project budget is set at $6.5M. 2.5 The construction budget is estimated at $5.2M (80% of $6.5M). We propose a 7.5% fee. Utilizing the construction cost budget of $5.2M this equates to a fee of $390.000. 2.6 We have also identified 0.5% for special fees, inspections, reimbursable expenses, site survey, soil borings and special inspections totaling $26,000. 2.7 There is a construction contingency of 12%, this would include the CM fees and any unforeseen construction overages totaling approximately $960,000. 2.8 Reimbursable Expenses are expenditures made by the Design Teams, their employees, and consultants in the interest of the Project plus an administrative fee of 15%. Reimbursable Expenses include but are not limited to travel expenses, costs of reproduction of documents, postage, services of professional consultants which cannot be quantified at the time of contracting, and other, similar, direct Project related expenditures. See Exhibit A for Confluence standard Reimbursable Expenses. APPLE VALLEY REDWOOD PARK IMPLEMENTATION / 23485 Page 6 of 11 thinkconfluence.com DRAFT 2.9 If the project is suspended for more than three (3) months, or abandoned in whole or in part, this firm shall be paid their compensation for services performed prior to receipt of written notice from the Client of such suspension or abandonment, together with reimbursable expenses then due and all terminal expenses resulting from such suspension or abandonment. Article 3: Standard Services 3.6 Supplemental Services. Supplemental Services are beyond the basic Scope of Services, and when requested in writing by the Client, shall entitle the Consultant to additional compensation (either on the hourly basis stated in ȧExhibit AȨ or the basis of a negotiated sum) beyond the Compensation stated in Article 6 Consultant Compensation. 3.7 Standard of Care. The Consultant Services shall be performed with care and diligence in accordance with the professional standards applicable at the time and in the location of the Project and appropriate for a project of the nature and scope of this Project. 3.8 Changes to Approved Services. Revisions to drawings or other documents shall constitute Supplemental Services made necessary because of Client-requested changes to previously approved drawings or other documents, or because of Client changes to previous Project budget parameters or Project requirements. 3.9 Schedule of Performance. The Client's signature on this Agreement shall be the basis for the Consultant to begin providing services for the Project. The Consultant shall perform the services per the ClientȤs proposed schedule and complete the project by August 2026 or as agreed 200 days from the date of execution of this agreement by the City. Article 4: ClientȤs Responsibilities 4.1 Information. The Client shall provide data about the site and other information on which the design is to be based as well as Client's budget parameters for the Project. Some data for the site may be provided as part of the Scope of Services. The Consultant shall be entitled to rely on the accuracy and completeness of information provided by the Client. 4.2 Budget. The Consultant shall reasonably strive to propose designs and prepare documents consistent with the Client's budget parameters. If provided by the Consultant as a part of the Scope of Services, opinions of probable construction costs are based on the ConsultantȤs familiarity with the construction industry and are provided only to assist the Client's budget planning. Such opinions shall not be construed to provide a guarantee or warranty that the actual construction costs will be within the Project budget parameters at the time construction bids are solicited or construction contracts negotiated. 4.3 Approvals. The Client's decisions, approvals, reviews, and responses shall be communicated to the Consultant in a timely manner so as not to delay the performance of the Consultant Services. APPLE VALLEY REDWOOD PARK IMPLEMENTATION / 23485 Page 7 of 11 thinkconfluence.com DRAFT 4.4 Project Permit and Review Fees. The Client shall pay all fees required to secure jurisdictional approvals for the Project. Article 5: Ownership of Documents 5.1 The Consultant shall be deemed the author and owner of all documentȤs deliverables developed pursuant to this Agreement and provided to the Client by the Consultant (collectively, the "Design Materials"). Subject to payment by the Client of all fees and Reimbursable Expenses owed to the Consultant, the Consultant grants the Client an irrevocable, non-exclusive license to reproduce the Design Materials solely for to the construction of the Project and for information and reference with respect to the use of the Project. Article 6: Consultant Compensation 6.1 Monthly payments to the Consultant shall be based on (1) the percentage of Scope of Services completed and shall include payments for (2) Supplemental Services performed, and (3) Reimbursable Expenses incurred. 6.2 Payments are due and payable 45 days from the date of the ConsultantȤs invoice. γnvoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5% simple interest per month. At the ConsultantȤs option, overdue payments may be grounds for termination or suspension of services. In the event any portion or all of an account remains unpaid 120 days after billing, the Client shall pay all costs of collection, including reasonable attorneyȤs fees. Article 7: Insurance, Indemnification, Consequential Damages & Limitation of Liability 7.1 Insurance. The Consultant shall secure and maintain insurance coverages indicated as follows: Coverage: Liability Limits: Professional Liability: $2,000,000 per claim/$4,000,000 aggregate Commercial General Liability: $1,000,000 per claim/$2,000,000 aggregate Comprehensive Automobile Liability: $1,000,000 combined single limit Umbrella Liability: $3,000,000 each occurrence/$3,000,000 aggregate Drone Aviation Liability: $1,000,000 per claim Workers Compensation: $2,000,000 per claim/$2,000,000 policy limit 7.2 Indemnification: Client and Consultant each agree to indemnify and hold harmless the other, and their respective officers, employees, and representatives, from and against liability for losses, damages, and expenses, including reasonable attorneyȤs fees, to the extent such losses, damages or expenses are caused by the indemnifying partyȤs negligent acts, errors, or omissions. In the event losses, damages or expenses are caused by the joint or concurrent negligence of the Client and Consultant, they shall be borne by each party in proportion to its negligence. APPLE VALLEY REDWOOD PARK IMPLEMENTATION / 23485 Page 8 of 11 thinkconfluence.com DRAFT 7.3 Consequential Damages. The Consultant and the Client waive consequential damages for claims, disputes, or other matters in question which arise of or are related to this Agreement, including but not limited to consequential damages due to the termination of this Agreement by either party in accordance with the provisions of Article 7 thereof. 7.4 Limitation of Liability. To the maximum extent permitted by law, the Client agrees to limit the ConsultantȤs liability for the ClientȤs damages to the sum of $50,000.00. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Article 8: Dispute Resolution 8.1 If a dispute arises out of or relates to this agreement, the parties shall endeavor to resolve their differences first through direct discussions. If the dispute has not been settled within 14 days of the initial discussions, the parties shall submit the dispute to mediation, the cost of which shall be shared equally by both parties. 8.2 For any claim subject to, but not resolved by, mediation pursuant to 6.1, the method of binding dispute resolution shall be as follows: Arbitration pursuant to the Construction Industry Mediation Rules of the American Arbitration Association Litigation in a court of competent jurisdiction 8.3 Nothing in these provisions shall limit rights or remedies not expressly waived under applicable lien laws. Article 9: Termination 9.1 This agreement may be terminated by either party on seven (7) daysȤ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination, provided the defaulting party has not cured or in good faith diligently commenced to cure the breach during the 7-day notice period. If the project is terminated, the Consultant shall be paid their compensation for services performed prior to receipt of written notice from the Client, together with reimbursable expenses and applicable taxes then due. Article 10: Other Terms & Conditions 10.1 Promotional Materials & Images. The Consultant shall have the right to include photographic or artistic representations of the design of the Project among the ConsultantȤs promotional and professional materials. The Consultant shall be given reasonable access to the completed Project to make such representations. However, the ConsultantȤs materials shall not include the ClientȤs confidential or proprietary information if the Client has previously advised the Consultant in writing of the specific information considered by the Client to be confidential or proprietary. The Client shall provide professional credit for the Consultant in the ClientȤs promotional materials for the Project. APPLE VALLEY REDWOOD PARK IMPLEMENTATION / 23485 Page 9 of 11 thinkconfluence.com DRAFT 10.2 Assignment. Neither party shall assign their interest in this Agreement without the expressed written consent of the other, except as to the assignment of the proceeds. 10.3 Governing Law. The laws of the State of Minnesota shall govern this agreement. 10.4 Complete Agreement. This Agreement represents the entire understanding between the Client and Consultant and supersedes all prior negotiations, representations, or agreements, whether written or oral with respect to its subject matter. The person(s) signing this Agreement on behalf of the parties hereby individually warrant that they have full legal power to execute this Agreement on behalf of the respective parties and to bind and obligate the parties with respect to all provisions contained herein. This Agreement may be amended only in writing signed by both the Client and Consultant. Offered by: Consultant Accepted By: Client Confluence, Inc. City of Apple Valley 11-29-2023 Signature & Date Signature & Date Terry Minarik - Principal Printed Name & Title Printed Name & Title Confluence 901 North Third Street Suite 225 Minneapolis, Minnesota 55401 APPLE VALLEY REDWOOD PARK IMPLEMENTATION / 23485 Page 10 of 11 thinkconfluence.com DRAFT Exhibit ȧAȨ: Landscape ArchitectȤs Standard Hourly Rates & Reimbursable Expenses STANDARD HOURLY RATES Senior Principal ..................................................................................................... $160.00 - $230.00 per hour Principal ................................................................................................................. $140.00 - $195.00 per hour Associate Principal ............................................................................................... $130.00 - $170.00 per hour Associate ................................................................................................................ $110.00 - $160.00 per hour Senior Project Manager ....................................................................................... $100.00 - $150.00 per hour Project Manager ...................................................................................................... $90.00 - $120.00 per hour Senior Landscape Architect ................................................................................... $90.00 - $120.00 per hour Landscape Architect ................................................................................................ $80.00 - $110.00 per hour Senior Project Planner ............................................................................................ $90.00 - $120.00 per hour Planner II .................................................................................................................. $80.00 - $110.00 per hour Planner I ................................................................................................................... $70.00 - $100.00 per hour Landscape Architect-In-Training............................................................................ $70.00 - $100.00 per hour Landscape Architect Intern / Landscape Designer ............................................... $60.00 - $85.00 per hour Draftsperson .............................................................................................................. $50.00 - $85.00 per hour Graphic Designer ..................................................................................................... $70.00 - $100.00 per hour Clerical / System Staff ............................................................................................... $42.00 - $80.00 per hour REIMBURSABLE EXPENSES Social Pinpoint Public Engagement Tool .......................................................................................... $1,500.00 Filing Fees ........................................................................................................................................... 1.15 x cost Materials and Supplies ..................................................................................................................... 1.15 x cost Meals and Lodging ............................................................................................................................ 1.15 x cost Mileage ........................................................................................................................................... $.56 per mile Postage ............................................................................................................................................... 1.15 x cost Printing by Vendor ............................................................................................................................ 1.15 x cost B/W Photocopies/Prints 8½ x 11 ....................................................................................................... $.05 each B/W Photocopies/Prints 11x17 .......................................................................................................... $.09 each Color Photocopies/Prints 8½ x 11 ..................................................................................................... $.65 each Color Photocopies/Prints 11x17 ...................................................................................................... $1.50 each Large Format Plotting ȟ Bond ............................................................................................................. $2.50/SF Large Format Plotting - Mylar ............................................................................................................. $4.50/SF Large Format Plotting - Photo ............................................................................................................ $5.00/SF Flash Drives ...................................................................................................................................... $10.00 each Booklet Binding (cover, coil, back) .................................................................................................. $4.50 each Foam Core ......................................................................................................................................... $8.00 each Easel Pads ........................................................................................................................................ $32.75 each Electronic Files ................................................................................................................................. $50.00 Each Online Meeting Service ................................................................................................................... $35.00 Each Effective 1/1/2023 End of Exhibit ȧAȨ APPLE VALLEY REDWOOD PARK IMPLEMENTATION / 23485 Page 11 of 11 thinkconfluence.com DRAFT RedwoodPark CityofAppleValleyOutlineofNeeds 1) Highlights a) Building/Shelter i) Kitchen ii) Bathrooms/ChangingRooms (1) Unisex (2) AdultChanging (3) OutdoorShower? (4) Greenroof/solar (5) Whattodowiththeͻƚƌķͼstandalonerestroom b) Irrigaon c) Lighng i) Path ii) ParkingLot iii) Playground d) Parking e) Playground i) FlagshipRecreaon ii) ThemeΑCustompieces iii) Landform iv) Fencing f) Pool i) Onepoolvspoolandwadingpool ii) LEDlighngunderwater(colors) iii) ZeroDepthvsOtheropons iv) BatherLoadvscostrecoveryvsoperaonalexpenses v) SwimLessonsvsprivaterentalvsopenswim g) Solar i) Heatpool ii) Electricalneeds? h) Technology i) ProgramableLocks/CardReader ii) WiFi iii) Fiber iv) Cameras v) LifeguardRoom vi) Fireplace vii) Moveabledoors/windowsonshelter viii) In Ť oorheat? i) NaturalPrairie/Buer Ť ies/SurfaceWater DRAFT Opwfncfs!38-!3134! Fsjd!Dbsmtpo-!Qbslt!'!Sfdsfbujpo!Ejsfdups! Djuz!pg!Bqqmf!Wbmmfz! 8211!258ui!Tu/!X/! Bqqmf!Wbmmfz-!NO!!66235! SF;!Djuz!pg!Bqqmf!Wbmmfz!Ofjhicpsippe!Qbsl!Bnfojuz!Sfqmbdfnfou!Qmboojoh!Qspqptbm! Efbs!Fsjd-! 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Xf!mppl!gpsxbse!up!uif!pqqpsuvojuz!pg!ifmqjoh!uif!Djuz!pg!Bqqmf!Wbmmfz!xjui!tvdi!bo!jnqpsubou! dpnnvojuz!qspkfdu/!Qmfbtf!dbmm!ps!fnbjm!jg!zpv!ibwf!boz!beejujpobm!rvftujpot!ps!offe!beejujpobm! jogpsnbujpo/!J!dbo!cf!sfbdife!bu!hbcsjfmmfAilhj/dpn!ps!719.963.4481!)dfmm*/! Tjodfsfmz-! Hbcsjfmmf!Hsjoef-!QMB! Wjdf!Qsftjefou! ILHj! ! Djuz!pg!Bqqmf!Wbmmfz!Ofjhicpsippe!Qbsl!Bnfojuz!Sfqmbdfnfou!Qmboojoh!Qspqptbm! 4! DRAFT September 12, 2023 Eric Carlson Parks & Recration Director, CPRE City of Apple Valley MN th 7100 147 Street W. Apple Valley, MN 55124 Eric.Carlson@applevalleymn.gov Mr. Carlson: Julee Quarve-Peterson, Inc. (JQP, Inc.) proposes to provide accessibility consulting services to the City of Apple Valley Parks & Recreation Department. Julee Quarve-Peterson of JQP, Inc. has been specializing in accessibility since 1978. JQP, Inc. has extensive experience with City, County and School District self-evaluations, facility surveys, transition planning, staff development, presentations, accessibility compliance. JQP, Inc. can provide the City of Apple Valley laws, codes and design guidelines for new construction and their application to existing buildings, sites, programs, budgets, and the construction process. Basis for Review Accessibility Americans with Disabilities Act Requirements- 1990, 2010 Americans with Disabilities Act 2010 Standards for Accessible Design Minnesota Building Code, Chapter 1341- 2020 (or applicable edition at time of project) Architectural Barriers Act, Final Guidelines for Outdoor Developed Areas (best practice) Best Practice & Professional Experience Playground Safety Consumer Products Safety Commission (CPSC) "Public Playground Safety Handbook" 2008 American Society for Testing and Materials (ASTM) F1487-07, Playground Equipment for Public Use American Society for Testing and Materials (ASTM) 1292, Impact Attenuation Americans with Disabilities Act, 2010 Standards for Accessible Design julee quarve-peterson, inc.phone: 612.709.2379 6345 vincent ave se-mail: jqp_inc@yahoo.com minneapolis, mn 55423 Proposed Services DRAFT JQP, Inc. will be part of the project team as the City implements their proposed plans for the projects identified in the 2023 parks referendum. JQP, Inc.s role on the team includes the following tasks: Plan Review Julee Quarve-Peterson and Mara Peterson will review project plans for sites, buildings, amenities and playground equipment of proposed projects for compliance with applicable codes related to accessibility as well as identifying opportunities for increased accessibility and universal design. Consultation JQP, Inc. is available for consultation and to answer questions as the scope of the project is defined and as the project progresses. JQP, Inc. can also assist the City in developing baseline accessibility criteria for playground equipment to be included in RFPs to equipment vendors. Site Visit JQP, Inc. can conduct on-site visits during and at the completion of construction to ensure the project complies with applicable requirements. Playground Safety- Initial Audit JQP, Inc. can conduct an initial audit of the new playground equipment and surface material at playground equipment locations. The initial audit includes a review of the equipment, use zones, age appropriateness of equipment, etc. It also includes an overview of playground accessibility, including: routes up to and in to the play area, quantity of elevated and ground level events, availability of transfer systems and ramps and type of surface material. (Note: impact attenuation testing of the surface material is not included within the scope of work.) Project Scope & Timeline It is the understanding of JQP, Inc. that this project is dependent on successful passage of the 2023 parks referendum. The work effort will take place over multiple years. Fee Proposal JQP, Inc. proposed fee for this project will be billed hourly at the following rates: Julee Quarve-Peterson, MN Certified Accessibility Specialist AS001779 $185.00 per hour Mara Peterson, MN Certified Accessibility Specialist AS002703 $165.00 per hour Accessibility Assistant $ 85.00 per hour These hourly rates will be effective through December 31, 2024; after that time they may be adjusted to reflect current hourly rates. Fee Estimate If requested, JQP, Inc. can provide fee estimates for individual projects/sites based on the scope of work. WomenBusiness Enterprise DRAFT Julee Quarve-Peterson, Inc. (JQP, Inc.) is a small, woman-owned consulting firm exclusively involved with accessibility related issues since 1985. JQP, Inc. is certified as: Women Business Enterprise (WBE) through the Minnesota Unified Certification Program (MnUCP) S/WBE Small and Women Business Enterprise through Central Certification Program (CERT) If this proposal reflects your understanding of the services to be provided by JQP, Inc. please sign and return a copy to our office. If you have any questions regarding this proposal or wish to confirm a schedule, please contact Mara Peterson at 612.709.2498. 9/12/23 Julee Quarve-Peterson Date Authorized Signature for City of Apple Valley Date ITEM: 5.B. PARKS & RECREATION ADVISORY City of December 7, 2023 COMMITTEEMEETING DATE: SECTION: RegularAgenda ITEM DESCRIPTION: Right of Entry Agreement with ISD 196 for Westview Elementary STAFF CONTACT: DEPARTMENT/DIVISION: Eric Carlson, Director Parks and Recreation Department Action Requested Consider Approval of Right of Entry Agreement with ISD 196 for Westview Elementary Summary The City Attorney has prepared an agreement with Independent School District 196 to allow the City and its designees to enter the grounds of Westview Elementary to perform survey and geotechnical work in preparation for the future youth baseball/softball complex. Staff are looking for the Committee to approve this agreement before staff bring it to the City Council for formal approval. Background One project of the 2023 Parks Referendum is building a youth baseball/softball complex at Hayes Park. The only space available for the complex is on the grounds of Westview Elementary, which is adjacent to the Community Center. The City will be preparing a Joint Powers Agreement with ISD 196 for the construction, maintenance, and use of the complex in the near future, but this agreement will allow the City entry to the grounds (while also waiving trespass) in the meantime to conduct testing and surveying in preparation for the new complex. RIGHT OF ENTRY AND WAIVER OF TRESPASS This Right of Entry and Waiver of Trespass is made this ____ day of ___________, 2023, by and between Independent School District No. 196, a school district created and existing under the laws of the State of Minnesota ( and the City of Apple Valley, a Minnesota municipal corporation (the "City") WHEREAS, Owner is the fee holder of certain real property described as: Lot 1, Block 1 Westview Elementary School, Dakota County, Minnesota (the "Property"); and WHEREAS, the City is desirous of entering upon the Property to conduct testing and surveying in connection with a potential development of a softball complex on the Property; and WHEREAS, the Owner agrees to allowing the City to access the Property upon the terms and conditions contained herein. NOW, WHEREFORE, based upon the foregoing and other good and valuable consideration, the Parties hereby agree as follows: 1. Access to Property. Owner hereby grants the City, its agents, servants, representatives and contractors the right to enter upon the Property to conduct surveys, soil tests and other purposes ancillary thereto. The City shall provide at least twenty-four (24) hours advance notice to the Building Principal of Westview Elementary School prior to entry on the Property for testing or surveying. The Building Principal may require rescheduling of the entry if, in the P discretion, the entry would be disruptive to the school. 2. Waiver of Trespass. Owner hereby waives all actions, claims and cause of action against the City, its agents, servants, representatives and contractors for entry and trespass upon the Property. 3. Indemnity. The City shall indemnify, defend and hold the Owner harmless from and against any and all causes of action, claims, demands, judgments, loss, damages and expense of whatsoever kind or nature (including but not limited to litigation costs, attorneys fees and court costs) incurred by the Owner, because of bodily injury or death sustained by any person, or property damage (excluding harm/damage to the extent caused by Owners fault) arising out of or incident to the Citys activities on the Property pursuant to this Agreement. Notwithstanding any provision herein to the contrary, nothing herein shall be construed to waive the Citys liability limits under Minnesota statutes or any other law. 4. OwnerRepresentation. Owner represents and warrants that it has fee title to the Property and has good right and title to grant this Right of Entry and Waiver of Trespass to the City. 5. . The City represents that it will minimize the disturbance to the land in the performance of its work and that it will restore any disturbed portions of the property to an equal or better condition. 6. Term. This Right of Entry and Waiver of Trespass shall automatically expire in one year. Independent School District No. 196 By: _________________________________ Cory Johnson Its: Chairperson By: _________________________________ Sachin Isaacs Its: Vice Chairperson City of Apple Valley, Minnesota By: __________________________________ Clint Hooppaw Its: Mayor By: ___________________________________ Pamela J. Gackstetter Its: City Clerk 2 ITEM: 6. PARKS & RECREATION ADVISORY City of December 7, 2023 COMMITTEE MEETING DATE: SECTION: Regular ITEM DESCRIPTION: Division Update STAFF CONTACT: DEPARTMENT/DIVISION: Eric Carlson,Director Parks and Recreation Department Action Requested N/A – informational item Summary During the regular meeting, Golf Course Manager Jim Zinck and Clubhouse Coordinator Jordan Johnson will be giving a review of the Valleywood’s Irrigation and On-Course Improvements Project and Valleywood’s overall operations in 2023. Included in the agenda packet, you will find a copyof theirpresentation. This is provided for informational purposes. Background Jim Zinck oversees Valleywood Golf Course, and Jordan Johnson oversees the golf shop, outside service, food and beverage, and event operations at Valleywood Golf Course. For this meeting, Jim and Jordan will give an oralpresentation updating the Committee on Valleywood’s operations in 2023with a specific focus on reviewing the Irrigation and On-Course ImprovementsProject. If a committee member wishes for additional details, please feel free to discuss during the agenda itemor contact Eric at eric.carlson@applevalleymn.govor (952) 953-2310.