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Home My WebLink About12/07/2023@me 0*so 00*0 004 Meeting Location: Municipal Center City of Apple 7100 147th Street West Valley 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 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 Channel 180 and on the City's website at www.at)t)levallei2m,ii.gov �,0u ITEM: QIIV 0 0 4. 0,0 CI Of 4°"' PARKS &RECREATION ADVISORY APPIe COMMITTEE MEETING DATE: December 7, 2023 valley 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 5.1). 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, -2of4- 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 7.13. 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 of4- 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 on December 7, 2023. Brent Schulz, Chair -4of4- 000 City of A l'e p valley ITEM DESCRIPTION: ITEM: PARKS & RECREATION ADVISORY COMMITTEE MEETING DATE: SECTION: 5.A. December 7, 2023 Regular Agenda Contracts with JLG, Confluence, HKGi, and JQP, Inc. for 2023 Parks Referendum Projects STAFF CONTACT: I DEPARTMENT/DIVISION: Eric Carlson, Director I 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. "AllaiiIINI November 28, 2023 Mr. Eric Carlson Parks and Recreation Director, CPRE 14603 Hayes Rd Apple Valley, MN 55124 Via Email: eric,carlson @applevalleymn.gov RE: Professional Services Fee Proposal for Apple Valley Community and Senior Center Dear Eric: Per our discussions and as requested, JLG Architects is pleased to submit a fee proposal for architectural and engineering services for the addition and renovation projects for Apple Valley Community Center and Senior Center, along with exterior improvements that support the project. It is understood that the project budget is $10.6M based on the previous study 292/JLG completed in 2023. The construction budget is estimated at $8.5M (80% of $10.6M) Professional Architectural and Engineering Services JLG will lead the project for architectural and engineering design and coordination. Project scope includes: • Expanded senior coffee lounge and outdoor terrace • Multi -purpose room storage • Warming house relocation • Parking lot upgrades/expansion and lighting • Bathrooms; unisex and adult changing • Fitness space • Indoor playground • Locker room modifications • Meeting room upgrades • Office space upgrades • Maintenance garage • Youth athletics storage • Roof replacement • Solar (including roof at Hayes Rink) iaiiaaio /', �aiiIM, • Landscape upgrades; include natural prairie/butterflies/ surface water • Paint exterior of community center and Hayes arena • Plus, items as outlined on Attachment A, attached hereto Apple Valley Community Center and Senior Center • Stakeholder engagement to consist of meeting with stakeholders as identified by the City of Apple Valley. The meetings can be virtual or in -person. JLG anticipates 3 to 5 groups and staff meetings to cover the engagement part of the project. Also, JLG will provide all materials required for posting on Social Pinpoint and the city's website. • Traditional Schematic Design, Design Development, and Construction Documents for Apple Valley Community Center and Senior Center Improvements. • Cost estimates and engineering estimates for the work. • Bidding and construction administration services. Including pre -construction meetings, review shop drawings, process payment applications and process field administration items. • Prepare a punch -list and assist with closing out the project. • Prepare final as-builts based on the general contractors marked up field drawings. Schedule: The anticipated schedule for the projects is as follows: Project planning will happen in 2025 with construction anticipated in 2026. The schedule will be refined as further conversations are held between the city, design -team, and construction management team (CM TBD). Compensation: JLG will provide Architectural services, Nelson-Rudie and Associates will provide Structural and MEP engineering services, and Confluence will provide civil engineering and landscape architecture services. JLG recommends a percentage -based compensation approach based on the budget estimate established during the study phase of the project that was completed in 2023. JLG proposes a 7.5% fee. The fee will be converted to a fixed fee after an approved Design Development budget by the city. Utilizing the construction cost budget of $8.5M this equates to a fee of $637,500. The fee per discipline is as follows: JLG Architects $382,500.00` Nelson-Rudie and Associates $210,000.00` Confluence $45,000.00` Total Phase 1 B Compensation $637,500.00 'The fee split between firms are estimates until final scope of each discipline is determined during the schematic design phase The above fees do not include other specialty consultants, reimbursable expenses, special inspections, and permit fees. Reimbursable expenses for travel, postage, reproductions are estimated at $20,000. "AllaiiIM, rl The city should anticipate additional fees will be incurred for the following services that are not a part of the services outlined above: • Site Survey of outdoor areas impacted by the expansion. Fee is estimated at $15,000.00 Soil borings for expansion area. Fee is estimated at $9,000.00 Special inspections. Fee is estimated at $20,000.00 The JLG Architects Team believes the above noted fee is a competitive fee for the scope of services being provided. If you have any questions, please feel free to call me to discuss. JLG would convert this proposal into an industry standard AIA 3133 or 3101 contract based on the delivery method used for construction. Our team is ready to start on this important project, and each of the team members are committed to providing the City of Apple Valley with the personal dedication it deserves. We know our team's relevant experience and passion for this project type will make this project a true success. We appreciate the opportunity to submit our fee and look forward to discussing how we can assist you in this significant effort. Sincerely, d i Thomas J. Beth, AIA, NCARB Senior Principal APPROVED BY: By: Its: Date: /', t °w IIII iirneii AVCC/AVSC 1) Highlights a) Building i) Playground Room Size/Ceiling Height ii) Fitness Space iii) Centralize Entrance? iv) Bathrooms (1) Unisex? (2) Adult Changing? v) Locker Room modification vi) Meeting Room Upgrades/Relocation vii) Office Space Upgrades/Relocation viii) Warming House Relocation ix) Maintenance Garage x) Youth Athletic "warehouse" storage xi) Roof Replacement xii) Mechanical System Replacement 2) Miscellaneous a) Lighting (LED) b) Surface water management c) Solar (including roof of Hayes Rink) d) Coordinate exterior/entrances of AVCC, AVSC, and Hayes Arena "AllaiiIINI November 28, 2023 Mr. Eric Carlson Parks and Recreation Director, CPRE 14603 Hayes Rd Apple Valley, MN 55124 Via Email: eric,carlson @applevalleymn.gov RE: Professional Services Fee Proposal for Apple Valley Family Aquatic Center Dear Eric: Per our discussions and as requested, JLG Architects is pleased to submit a fee proposal for architectural and engineering services for the addition and renovation projects for the Apple Valley Family Aquatic Center. It is understood that the project budget is $8.2M based on the previous study 292/JLG completed in 2023. The construction budget is estimated at $6.56M (80% of $8.2M). Professional Architectural and Engineering Services JLG will lead the project for architectural and engineering design and coordination. Project scope includes: • Asset protection o Mechanical equipment replacement: Filtration, pumps, chemical feed, electrical panels/switchgear, remote monitoring o Pool shell - separate zero depth from diving -end o Slide refurbishment o Bath-house/restroom modifications: unisex and adult changing table • Shade structures for patrons and lifeguards • Theming • Landscaping upgrades • Volleyball court/lawn games • Technology upgrades: Safety, Wifi, fiber, cameras, programmable locks/card readers • Sound system • Lighting upgrades • Solar panels • Concessions modifications • Entry modifications • Plus, items as outlined on Attachment A, attached hereto "Allaii"N' Apple Valley Family Aquatic Center Services • Stakeholder engagement to consist of meeting with stakeholders as identified by the City of Apple Valley. The meetings can be virtual or in -person. JLG anticipates 2 to 3 groups and staff meetings to cover the engagement part of the project. Also, JLG will provide all materials required for posting on Social Pinpoint and the cities website. • Traditional Schematic Design, Design Development, and Construction Documents for Apple Valley Family Aquatic Center Improvements. • Cost estimates and engineering estimates for the work. • Bidding and construction administration services. Including pre -construction meetings, review shop drawings, process payment applications and process field administration items. • Prepare a punch -list and assist with closing out the project. • Prepare final as-builts based on the general contractors marked up field drawings. Schedule: The anticipated schedule for the projects is as follows: Project planning will happen in early 2024 with construction anticipated in fall of 2024. The schedule will be refined as further conversations are held between the city, design -team, and construction management team (CM TBD). Compensation: JLG will provide Architectural services, Nelson-Rudie and Associates will provide Structural and MEP engineering services, Reengineered will provide aquatic engineering services, and Confluence will provide civil engineering and landscape architecture services. JLG recommends a percentage -based compensation approach based on the budget estimate established during the study phase of the project that was completed in 2023. JLG proposes a 7.8% fee. The fee will be converted to a fixed fee after an approved Design Development budget by the City. Utilizing the construction cost budget of $6.56M this equates to a fee of $512,000. The fee per discipline is as follows: JLG Architects $282,000.00* Nelson-Rudie and Associates $1 15,000.00* Reengineered 60,000.00* Branding Consultant (TBD) 20,000.00` Confluence $35,000.00* Total Phase 1 B Compensation $512,000.00 *The fee split between firms are estimates until final scope of each discipline is determined during the schematic design phase The above fees do not include other specialty consultants, reimbursable expenses, special inspections, and permit fees. Reimbursable expenses for travel, postage, reproductions are estimated at $20,000. The city should anticipate additional fees will be incurred for the following services that are not a part of the services outlined above: • Site Survey of outdoor areas. Fee is estimated at $20,000.00 • Soil borings for improvements will be required • Special inspections. Fee is estimated at $10,000.00 "AllaiiIM, rl The JLG Architects Team believes the above noted fee is a competitive fee for the scope of services being provided. If you have any questions, please feel free to call me to discuss. JLG would convert this proposal into an industry standard AIA 3133 or 3101 contract based on the delivery method used for construction. Our team is ready to start on this important project, and each of the team members are committed to providing the City of Apple Valley with the personal dedication it deserves. We know our team's relevant experience and passion for this project type will make this project a true success. We appreciate the opportunity to submit our fee and look forward to discussing how we can assist you in this significant effort. Sincerely, d i Thomas J. Beth, AIA, NCARB Senior Principal APPROVED BY: By: I ts: "AllaiiIINI rl t°w IIII iiirne iii Apple Valley Family Aquatic Center 1) Highlights a) Solar Panels b) Theming c) Mechanical Equipment i) Filtration ii) Pumps iii) Chemical Feed iv) Electrical Panels/Switch Gear v) Remote Monitoring d) Pool Shell e) Slide Refurbishment f) Bath House/Restroom Modifications i) Unisex ii) Adult Changing Station g) Shade h) Technology i) Programable Locks/Card Reader ii) WiFi iii) Fiber iv) Cameras v) System to help lifeguards vi) Safety vii) Chemicals i) Modifications to reduce staffing j) Sound system k) Lighting i) LED ii) Colors 1) Landscape m) VB Courts n) Lawn Games o) Lifeguard Shade p) Entrance Modifications q) Concessions Modifications 4) Miscellaneous a) Emergency Exit Gates b) Irrigation "AllaiiIINI 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. "AllaiiIINI rl 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. Part One: Schematic Design - 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 VAI...II...IEY IKIEILII...IEY PARK NPLIEMENJTA-HONJ / 23485 Page 2Of10 11 C(DII E'I I CC Ee C(DIrC iaiiaaio /', �aiiIINI 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 (1/4" scale) 1.5.8.1 Overall Roof Plan (1/4" 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 VAI...II...IEY IKIEILII...IEY PARK NPLIEMENJTA-HONJ / 23485 "AllaiiIINI rl 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 resubmittaIs 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 VAI...II...IEY IKIEILII...IEY PARK NPLIEMENJTA-HONJ / 23485 Page 4Of10 11 C(DII E'I I CC Ee C(DIrC "AllaiiIINI rl 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 RFI's 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 VAI...II...IEY IKIEILII...IEY PARK NPLIEMENJTA-HONJ / 23485 "AllaiiIM, rl 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 Afor 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 "Exhibit A" 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 VAI...II...IEY IKIEILII...IEY PARK NPLIEMENJTA-HONJ / 23485 Page 6Of10 11 C(DII E'I I CC Ee C(DIrC iaiiaaio /', �aiiIINI services per the Client's 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: Client's 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 Consultant's 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 document's 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 Consultant's invoice. Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5% simple interest per month. At the Consultant's 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 attorney's fees. APPLE VAI...II...IEY IKIEILII...IEY PARK NPLIEMENJTA-HONJ / 23485 Page 7Of10 11 C(DII E'I I CC Ee C(DIrC "AllaiiIINI rl 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 attorney's fees, to the extent such losses, damages or expenses are caused by the indemnifying party's 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 Consultant's liability for the Client's 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 ❑X 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 VAI...II...IEY IKIEILII...IEY PARK NPLIEMENJTA-HONJ / 23485 "AllaiiIINI rl Article 9: Termination 9.1 This agreement may be terminated by either party on seven (7) days' 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 Consultant's promotional and professional materials. The Consultant shall be given reasonable access to the completed Project to make such representations. However, the Consultant's materials shall not include the Client's 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 Client's 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 Confluence, Inc. 11-29-2023 Signature &Date Terry Minarik - Principal Printed Name & Title Accepted By: Client City of Apple Valley Signature & Date Printed Name & Title Confluence 901 North Third Street Suite 225 Minneapolis, Minnesota 55401 APPLE VAI...II...IEY IKIEILII...IEY PARK UPLIEMENJTA-HONJ / 23485 Page 9 of 10 /', aiiIINI rl Exhibit "A": Landscape Architect's 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 FilingFees........................................................................................................................................... 1.15 x cost Materials and Supplies..................................................................................................................... 1.15 x cost Mealsand Lodging............................................................................................................................ 1.15 x cost Mileage........................................................................................................................................... $.56 per mile Postage............................................................................................................................................... 1.15 x cost Printingby Vendor............................................................................................................................ 1.15 x cost B/W Photocopies/Prints 8Y2 x 11....................................................................................................... $.05 each B/W Photocopies/Prints 11x17.......................................................................................................... $.09 each Color Photocopies/Prints 8Y2 x 11..................................................................................................... $.65 each Color Photocopies/Prints 11x17...................................................................................................... $1.50 each Large Format Plotting - Bond............................................................................................................. $2.50/SF Large Format Plotting - Mylar............................................................................................................. $4.50/SF Large Format Plotting - Photo............................................................................................................ $5.00/SF FlashDrives......................................................................................................................................$10.00 each Booklet Binding (cover, coil, back).................................................................................................. $4.50 each FoamCore......................................................................................................................................... $8.00 each EaselPads........................................................................................................................................ $32.75 each ElectronicFiles.................................................................................................................................$50.00 Each Online Meeting Service...................................................................................................................$35.00 Each Effective 11112023 End of Exhibit "A" APPLE VAI...II...EY IKEILII...EY PARK IMPLEMENTATION / 23485 "AllaiNN, rl Kelley Park City of Apple Valley Outline of Needs 1. Highlights a. Bathrooms i. Unisex ii. Adult changing iii. Explore Self -Cleaning b. Food Trucks i. Power ii. Parking iii. Standing in line queue c. Grading d. Include Kelley South e. Irrigation (recycle water) f. Landscaping g. Lighting i. Solar ii. Paths iii. Parking Lots h. Public Art i. Splash Pad water reuse — vault for irrigation j. Stage 1. Large viaeo screen ii. Green room iii. Sound system k. Technology i. Programable Locks/Card Reader ii. WiFi iii. Fiber iv. Cameras v. Cable TV 2. Miscellaneous a. Kelley Park Fountain (public art) b. Natural Prairie/Butterflies/Surface Water c. Park ID sign with reader board "AllaiiIINI 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. "AllaiiIINI rl • 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. Part One: Schematic Design - 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 VAI...II...IEY REDWOOD PARK NPLIEMENJTA-HONJ / 23485 Page 2Of11 11 C(DII E'I I CC Ee C(DIrC "AllaiiIINI rl 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 (1/4" scale) 1.5.8.1 Overall Roof Plan (1/4" 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 VAI...II...IEY REDWOOD PARK NPLIEMENJTA-HONJ / 23485 Page 3Of11 11 C(DII E'I I CC Ee C(DIrC "AllaiiIM, rl 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 VAI...II...IEY REDWOOD PARK NPLIEMENJTA-HONJ / 23485 Page 4Of11 11 C(DII E'I I CC Ee C(DIrC iaiiaaio /', �aiiIINI 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 VAI...II...IEY REDWOOD PARK NPLIEMENJTA-HONJ / 23485 "Allaii"N' rl 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 RFI's 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 MOM (80% of $9.6M). We propose a 7.5% fee. Utilizing the construction cost budget of MOM 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 Afor Confluence standard Reimbursable Expenses. APPLE VAI...II...IEY REDWOOD PARK NPLIEMENJTA-HONJ / 23485 Page 6Of11 11 C(DII E'I I CC Ee C(DIrC "AllaiiIM, rl 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 "Exhibit A" 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 Client's 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: Client's 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 Consultant's 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 VAI...II...IEY REDWOOD PARK NPLIEMENJTA-HONJ / 23485 Page 7Of11 11 C(DII E'I I CC Ee C(DIrC "AllaiiIINI rl 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 document's 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 Consultant's invoice. Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5% simple interest per month. At the Consultant's 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 attorney's 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 attorney's fees, to the extent such losses, damages or expenses are caused by the indemnifying party's 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 VAI...II...IEY REDWOOD PARK NPLIEMENJTA-HONJ / 23485 Page 8Of11 11 C(DII E'I I CC Ee C(DIrC "AllaiiIINI rl 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 Consultant's liability for the Client's 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 ❑X 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) days' 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 Consultant's promotional and professional materials. The Consultant shall be given reasonable access to the completed Project to make such representations. However, the Consultant's materials shall not include the Client's 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 Client's promotional materials for the Project. APPLE VAI...II...IEY REDWOOD PARK UPLIEMENJTA-HONJ / 23485 iaiiaaio /', �aiiIINI 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 - PrinciDal Printed Name & Title Printed Name & Title Confluence 901 North Third Street Suite 225 Minneapolis, Minnesota 55401 APPLE VAI...II...IEY REDWOOD PARK UPLIEMENJTA-HONJ / 23485 Page 10 of 11 /', aiiIINI rl Exhibit "A": Landscape Architect's 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 FilingFees........................................................................................................................................... 1.15 x cost Materials and Supplies..................................................................................................................... 1.15 x cost Mealsand Lodging............................................................................................................................ 1.15 x cost Mileage........................................................................................................................................... $.56 per mile Postage............................................................................................................................................... 1.15 x cost Printingby Vendor............................................................................................................................ 1.15 x cost B/W Photocopies/Prints 8Y2 x 11....................................................................................................... $.05 each B/W Photocopies/Prints 11x17.......................................................................................................... $.09 each Color Photocopies/Prints 8Y2 x 11..................................................................................................... $.65 each Color Photocopies/Prints 11x17...................................................................................................... $1.50 each Large Format Plotting - Bond............................................................................................................. $2.50/SF Large Format Plotting - Mylar............................................................................................................. $4.50/SF Large Format Plotting - Photo............................................................................................................ $5.00/SF FlashDrives......................................................................................................................................$10.00 each Booklet Binding (cover, coil, back).................................................................................................. $4.50 each FoamCore......................................................................................................................................... $8.00 each EaselPads........................................................................................................................................ $32.75 each ElectronicFiles.................................................................................................................................$50.00 Each Online Meeting Service...................................................................................................................$35.00 Each Effective 11112023 End of Exhibit "A" APPLE VAI...II...EY REDWOOD PARK WPLIEMENJTA-HONJ / 23485 Pago11 of11 II C(DIIE'I I CE' C(D IiC ia, A Mr., iii iaicio iii IF 6dW6o Park City of Apple Valley Outline of Needs 1) Highlights a) Building/Shelter i) Kitchen ii) Bathrooms/Changing Rooms (1) Unisex (2) Adult Changing (3) Outdoor Shower? (4) Green roof/solar (5) What to do with the "old" stand alone restroom b) Irrigation c) Lighting i) Path ii) Parking Lot iii) Playground d) Parking e) Playground i) Flagship Recreation ii) Theme —Custom pieces iii) Landform iv) Fencing f) Pool i) One pool vs pool and wading pool ii) LED lighting underwater (colors) iii) Zero Depth vs Other options iv) Bather Load vs cost recovery vs operational expenses v) Swim Lessons vs private rental vs open swim g) Solar i) Heat pool ii) Electrical needs? h) Technology i) Programable Locks/Card Reader ii) WiFi iii) Fiber iv) Cameras v) Lifeguard Room vi) Fireplace vii) Moveable doors/windows on shelter viii) In floor heat? i) Natural Prairie/Butterflies/Surface Water /hail ei iaiiaaio /', aiiaiiii iaicia/"I `" o i o November 27, 2023 Eric Carlson, Parks & Recreation Director City of Apple Valley 7100 147th St. W. Apple Valley, MN 55124 0 1 Manning I UandscapeArchifecture;. I Urlraan Design RE: City of Apple Valley Neighborhood Park Amenity Replacement Planning Proposal Dear Eric, We understand that the City of Apple Valley held a referendum in November of 2023, to fund proposed parks and trails improvements throughout the city. In addition to funding key community recreation facility improvements, a portion of the funding would go toward neighborhood park and playground improvements. Today, the city has over 50 playgrounds, many of which are more than 20 years old. Most city residents are within walkable distance to several playgrounds, and the cost to replace all the playgrounds and park facilities in the city is more than current or proposed referendum funding would allow. In addition, the number of tennis courts, basketball courts, and outdoor skating sites is in need of analysis to determine where there are potential overages or deficiencies of access. In order to prioritize projects and allocate funding, the city desires a city-wide planning and engagement process to develop a plan for neighborhood park amenity replacement over the next 10-20 years. The proposed project work plan includes a process of working closely with city staff to evaluate and prioritize replacement of neighborhood park amenities throughout the city, in addition to developing a system tojustify replacement timelines, and identifying a funding process for long- term updates. WORK PLAN Task 1 - Background & Data Gathering HKGi will review city-wide analysis maps and inventory tables that have been developed by the city. In addition to inventory that has already been completed, HKGi will develop supplementary inventory and analysis maps and documents that classify size and type of parks (e.g. mini -park, neighborhood park, community park) and amenities (playgrounds, tennis courts, basketball courts, outdoor skating sites); identify barriers to park and amenity access to determine where there may be access issues; identify park and amenity access compared to city demographics as available (e.g. age, income, housing type, etc.); and evaluate level of use (if known, or determined through survey data). Using both qualitative and quantitative data, we will work with staff to develop a set of goals and metrics for prioritization of park amenity replacement. We will review input gathered as part of the referendum planning process to plan for the next task of community engagement. Task 1 Meetings and Deliverables: • Kickoff meeting with staff • Develop detailed park amenity and neighborhood park access maps (include barriers within 1/2 mile walk areas) • Develop park amenity (playgrounds, tennis courts, basketball courts, and outdoor skating sites) distribution analysis compared to population density and demographics data Ciitl:y of ybpr lle L?a lley I"6aghfrboirhoo II'airl<krneirdi y IRer llacerneirntl I['lla nirniiirng II'iroposiflll 0iaiiaiair°� Establish key metrics (populo. tioit'wal zone, number of park amenities or OP parks that overlap walk zone, ge°an&&nchtfon of b1 laygrounds, current use of park or park amenity, if known) to determine a replacement ranking for park amenities in the system Identify park amenities with a priority ranking Task 2 - Community Engagement The engagement process will be informed by the findings from Task 1, with particular emphasis on reaching as many community members as possible, sharing information related to the city's parks and park amenities, and gathering feedback from community members about how they use the parks and park amenities. We will work with city staff to determine the appropriate outreach methods, such as social media, flyers, yard signs, postcards, and press releases. In -person and online methods will be used to gather input from community members. Online survey questions may include topics such as: • asking residents how specific parks and park amenities contribute to their neighborhood identity; • how far residents will travel within the city to access unique park amenities; • how often residents visit parks and park amenities and which parks and park amenities they visit; • what barriers (busy roadways, high speed roadways, lack of ped/bike facilities, lack of amenities, such as shade or restrooms, etc.) residents experience when accessing parks and park amenities; • what residents value most about their neighborhood parks and park amenities; • asking residents for creative ideas for parks or new types of play features that could potentially replace traditional playground equipment; • and conducting a visual preference survey of potential new park features. In addition to a set of survey questions, Social Pinpoint may be used to supplement the feedback with mapping input. Residents could offer input on specific parks and park amenities with open- ended comments. In -person meetings would be held at various locations around the city and offered virtually for convenience. Meetings would be a place for city staff and consultants to describe the purpose of the engagement process and answer residents' questions directly. Residents could provide feedback through conversation, dot exercises, or comment cards. Meetings may be facilitated by consultants and/or city staff, depending on the number of meetings desired. Task 2 Meetings and Deliverables: • Develop a plan and set of goals for engagement • Develop outreach materials (flyers, yard signs, postcards, press release, etc.) • Write, facilitate, and host an online survey • Facilitate a Social Pinpoint map and input • Facilitate a set of community and neighborhood meetings (up to 4 in -person meetings, and up to 4 virtual meetings) • Summarize the findings with charts, tables, and narrative summaries Task 3 - Develop the Plan Following the engagement process, we will integrate the input findings from Task 2 with the data gathered during Task 1 to determine a final prioritization ranking for neighborhood park amenity replacement and improvement over the next 10-20 years. We will evaluate the level of available funding and develop a cost estimate that matches to guide the city in park improvement projects. As Ciitl:y of ybpr lle L?a lley I"6aghfrboirhoo II'airl<Arneirdi y IRer llacerneirntl I[1lairnirniiirng II'iroposiflll a part of the implementation tools, v e �R 'St �c r"In developing a system to determine time for replacement of the park ameniti°' e phis'g�d pnorttization process will be developed as a template to help the city plan for long-term capital facility replacements. The background data, community input, and recommended plan for park improvements will be incorporated into a graphically -engaging document with charts, graphs, tables, images, and narrative. Task 3 Meetings and Deliverables: • Prioritization of Neighborhood Park Amenity Replacements • Playground site plan templates and minimum standards • Cost estimate and phasing plan for replacement of park amenities • System or template designed to determine a time for replacement of park amenities • Draft Plan Document • Final Plan Document FEE PROPOSAL Task Fee Task 1-Background and Data Gathering $16,600 Task 2-Community Engagement $20,600* Task 3-Develop the Plan $17,600 Expenses (mileage + printing) $1,000 Base Total _ $55,800 *Task 2-Community Engagement fee assumption is for Survey Monkey, Social Pinpoint, promotional materials, up to 4 in -person meetings, up to 4 virtual meetings, and graphic summary of input. No meetings with the PRAC or City Council are included in the scope. **Additional4 in -person meetings (for a total of8), and additional virtual meetings (for a total of8). We look forward to the opportunity of helping the City of Apple Valley with such an important community project. Please call or email if you have any additional questions or need additional information. I can be reached at aabriell e@hlc: i com or 608-852-3370 (cell). Sincerely, Gabrielle Grinde, PLA Vice President HKGi Ciitl:y of ybpr lle L?a lley I"6aghfrboirhoo II'airl<krneirdi y IRer llacerneirntl I[Ilarnird ng II'iroposiflll September 12, 2023 Eric Carlson Parks & Recration Director, CPRE City of Apple Valley MN 7100 1471h 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, and database development. One of JQP, Inc's strengths is the ability to provide practical and effective options for accessibility compliance. JQP, Inc. can provide the City of Apple Valley with a team focused on accessibility issues and knowledge in the "meshing" of 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 s e-mail: jqp_inc@yahoo.com minneapolis, mn 55423 Proposed Services � , 1 f,,,,,,,,,/ 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. Women Business Enterprise 11 "I°"'"10k. 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. nim Julee Quarve-Peterson Authorized Signature for City of Apple Valley 9/12/23 Date Date 000 City of A l'e p valley ITEM DESCRIPTION: ITEM: PARKS & RECREATION ADVISORY COMMITTEE MEETING DATE: SECTION: Right of Entry Agreement with ISD 196 for Westview Elementary ................................................................................................................................................................................................................................................................................................................................................... STAFF CONTACT: I DEPARTMENT/DIVISION: Eric Carlson, Director Action Requested December 7, 2023 Regular Agenda Parks and Recreation Department 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 (the "Owner") 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: 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 Principal's 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 Owner's fault) arising out of or incident to the City's activities on the Property pursuant to this Agreement. Notwithstanding any provision herein to the contrary, nothing herein shall be construed to waive the City's liability limits under Minnesota statutes or any other law. 4. Owner's Representation. 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. City's Representation. 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 2 000 City of A l'e p valley ITEM DESCRIPTION: Division Update STAFF CONTACT: Eric Carlson, Director Action Requested N/A — informational item Summary ITEM: PARKS & RECREATION ADVISORY COMMITTEE MEETING DATE: SECTION: DEPARTMENT/DIVISION: December 7, 2023 Parks and Recreation Department Regular 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 copy of their presentation. 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 oral presentation updating the Committee on Valleywood's operations in 2023 with a specific focus on reviewing the Irrigation and On -Course Improvements Project. If a committee member wishes for additional details, please feel free to discuss during the agenda item or contact Eric at eric.carlson(&applevalleymn.�zov or (952) 953-2310. 11/30/2023 ' RGOLF COURSE DESIGN Arnt Construction 11/30/2023 11/30/2023 11/30/2023 11/30/2023 � 4l 0/ DN✓ �i //f�� l� n 10 11/30/2023 11 12 11/30/2023 Valleywood Phase 1 GoImprovements Coourse w � K ZZ rot , �d 1 � r 13 14 7 11/30/2023 15 F[7 11/30/2023 17 18 11/30/2023 19 pill 10 11/30/2023 21 22 11 11/30/2023 23 24 12 11/30/2023 25 W 13 11/30/2023 PAN 28 14 11/30/2023 29 till 15 11/30/2023 31 32 16 11/30/2023 33 DAILY UPDATES FROM SIGNAGE IN THE GOLF ONLINE AND TEE DISCOUNTED RATES CONTINUE LEIBOLD AND ARNT SHOP, SHEET UPDATES. DURING HOLE EXCITEMENT. CONSTRUCTION CLOSURES AND MODIFICATIONS. 34 17 11/30/2023 ilUM�...—nammnuw.wuen Ih nwuw iiikvLry.,hd bW NkxustlJPduummPa®m spvpl,s 11 nA mm wa,m.gixw.d;rymoe.rcmuni Hole #10 closed today. Thank you for your cooperation. 35 After the project Answering a lot of questions. 4, Continued discounted rates. . rmnCu'i FS..I drtitu' , Weekday Senior Rate: �.��.tt,�f� 1� . eUM.M uuse —S. .w-'—Sf.m Friday after 12,00— .M'.aln—S,fm v fV.alry—S.fm L RiC a—FSI m Weekday Public Rate: WWe-$ t--no! 9 mAfrO.. AtIM.L&Xt.4b_T" :_ ase—S.am feuse_S.sm Frld. ft.r12:adom s wdW —S+sm s tizn—Sum a ;sja , �e_�m New things in 2024 -Tee Boxes -Driving Range - Scorecard Take advantage of the excitement. Superintendent's Revenge Golf Tournament 36 M 11/30/2023 37 38 19 11/30/2023 39 2020 2021 TI Is 2022 fl 2023 0 40 2020 1 2021 2022 2023 Total Operating Revenue Does na Include LkWr Slam Transfe, 500,000 1,000,000 1,500,000 Alt- VALLEYWOOD 2,000,000 Total Operating Expenses VA LLI WC,�� M, Does na Include VMF w C,pftl Pmjects 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 20M — — r — 20 11/30/2023 400 000 300 000 200 000 100 000 0 41 Net OperatingProfit/(Loss) VALLE voE Does not include Liquor Store Transfer, VERF, or Capital Projects •2020 •2021 •2022 •2023 2020 2021 2022 2023 -A-"foot* WAR TO DATIC Operating Revenue vs Operating Expenses Per Round VALLEYOOD Does not include Liquor Store Transfer, VERF, ar Capital Projects .Revenue Expenses 60 50 40 ff f t� I j%/ 30 20 10 2020 2021 2022 2023 2023 OCTORER VEAR TO DATE CYJ 21 12/1/2023 43 Rou�nds by Monith - 2020 - 2021 - 2022 - 2023 8,000 6.000 4,000 2,000 0 March April May June July August September October a= ®Groom BEAR To DATE �v VALLEYWOOD 40,000 VALL I E I Y I WOOD 44 1 11/30/2023 45 300,000 250,000 200,000 150,000 MCI' 000 50,000 0 20 t5 . .......... F&B/13 Total Revenue & Expenses VALLEYWOOD ,Expenses -Revenue 2020 2021 2022 2023OCTOBER YEAR TO DATE 2023 NAM YTD IBanquet Space Rental D... n.t i.d.d. d.V time b..In... M—Ii.q. (L., RASD 1% , Weddings - Party/Banquet . Other It g JAM PON 23 11/30/2023 Operating Revenue Per Round ;�tl- VALLEYWOOD • 2020 - 2021 • 2022 • 2023 Greens Fees Cart Rental 48 i 7 Practice Range F&B/B 24