9 PRSR Directors Report Handout from meeting

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Timothy Wold SRF Consulting Group, Inc. May 6, 2022 Page 2 The east -west drainage pattern with the crown between courts 1 and 2 is inconsistent with the Manual and is therefore a design defect. However, the City Council has indicated a willingness to contribute $11,750 towards regrading the pickleball courts, provided that the drainage pattern is changed to a north -south orientation and the final slope of the courts is between 0.83% and 1.00%, as provided in the Manual standards. The contractor has pointed out that regardless of whether the existing courts were installed at 1.25% or 1.4%, they need to be removed and reinstalled in order to achieve the Manual standard of 0.83% to 1.00% slope. We agree with this point, but after extensive discussions New Look has agreed to contribute $5,000 towards reconstruction of the pickleball courts. Section 7 of SRF's Agreement with the City provides that SRF shall exercise the same degree of care, skill and diligence in the performance of the work it performs as is ordinarily exercised by members of the profession under similar circumstances in Minnesota, and that SRF shall be liable to the fullest extent permitted under applicable law, without limitation, for injuries, loss or damages proximately caused by SRF's breach of their standard of care. The City is aware of several pickleball court installations in the Elk River area that comply with the 0.83% to 1.00% Manual standard, and there are numerous others around the state that similarly comply with the standard. It is clear that compliance with this standard is required for SRF to meet its obligation under the Agreement to exercise the same degree of care as is ordinarily exercised by members of the profession under similar circumstances in the state of Minnesota. Therefore, this letter is to demand that SRF confirm it will remove the existing noncompliant pickleball court surfaces and concrete maintenance strip and replace them with four (4) pickleball courts that slope north to south or south to north, at a grade between 0.83% and 1.00%. The City and New Look will contribute $16,750 towards the cost to reconstruct the courts to comply with the Manual standards, but all other costs will be the responsibility of SRF. Section 19 of the Agreement specifically obligates SRF to indemnify the City from any costs, losses, and expenses, including attorney fees, resulting from SRF's negligent acts or omissions (including, without limitation, professional errors or omissions) in the performance of the services provided for in the Agreement. Failure to design the pickleball courts consistent with the Manual standards falls well within this indemnification requirement. Reconstruction and completion of the Orono Park pickleball courts cannot be delayed any further. It is imperative that this project proceed immediately and that the courts be completed and playable as early as possible. If we do not receive confirmation within ten (10) days that SRF will proceed with reconstruction of the pickleball courts under these terms, the City will proceed with the project on its own and, pursuant to the terms of the Agreement, hold SRF responsible to the fullest extent for all damages caused by SRF's breach of its standard of care, including damages for the delay caused by installation of the defective pickleball courts. In addition to the defective pickleball courts, a second issue has arisen regarding SRF's performance under the Agreement. SRF's April 4, 2020, proposal, incorporated in the Agreement, provides for construction services and states that, "... staff assigned to the project will stay