9 PRSR Directors Report Handout from meeting

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BECK LAW OFFICE 4746 Sheridan Ave. S. Minneapolis, MN 55410 Timothy Wold SRF Consulting Group, Inc. 2701 W Wayzata Blvd, Suite 100 Minneapolis, MN 55416 Peter K Beck Attorney at Law May 6, 2022 Re: Orono Park Pickleball Courts Dear Mr. Wold: 612-991-1350 peter@peterbeoMaw.com VIA U.S MAIL This letter is written on behalf of my client the City of Elk River ("City"). On April 20, 2020, the City entered into a Standard Agreement for Professional Services ("Agreement") with SRF Consulting Group, Inc. ("SRF") to provide the professional services described in SRF's April 4, 2020, proposal to the City for Active Park Improvements for Orono Park and the City's Youth Activity Complex. Included in the services to be provided by SRF is the design of four (4) pickleball courts at Orono Park. As you are aware, SRF designed the pickleball courts with a 1.25% slope, draining from east to west, with a crown between courts 1 and 2. New Look Construction, the contractor, subsequently installed the pickleball courts with a crown that has an approximately 1.4% slope. The American Sports Building Association Pickleball Court Construction and Maintenance Manual, 2020 Edition ("Manual"), provides that pickleball court surfaces should slope between 0.83% (1:120) and 1.00% (1:100), and should be sloped in one plane in the shortest direction. The 1.25% slope that SRF designed for the Orono Park pickleball courts exceeds this standard by 25%, and the east -west drainage pattern with the crown between courts 1 and 2 is contrary to the Manual standard that drainage be sloped in one plane in the shortest direction. These two design defects need to be corrected, and the only way to do so is by removing all of the existing bituminous pavement and concrete maintenance strip, regrading the courts, and replacing the bituminous surface and concrete maintenance strip. In a letter to Michael Hecker, Elk River Parks and Recreation Director, dated October 20, 2021, you proposed that SRF would address the design defects by paying for the cost of removing and replacing the concrete maintenance strip, removing the existing bituminous surface and installing a base lift of bituminous, all for a total amount of $21,119. You further suggested the City bear the cost of revising the drainage pattern from east -west to north -south by paying for the regrading, including additional class five base; and that the contractor bear the cost of repaving because of the construction defect that resulted in an approximately 1.4% slope at the crown.