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HomeMy WebLinkAboutItem 06.qApril 4, 2011 APPROVE AGREEMENT WITH TRAVACOMP INTERNATIONAL, INC. FOR DISC GOLF SITE ANALYSIS AND ASSOCIATED DESIGN SERVICES Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with Travacomp International, Inc. to evaluate possible sites to accommodate a public disc golf facility. Overview Over the past two years staff has received several requests from residents to consider a disc golf course within the current park system. Recent discussions with school district staff has opened a couple opportunities at existing school sites to evaluate the possibility of such a facility. There are also two or three potential open space sites within the existing park system that may qualify. In addition, a local business owner has agreed to donate all equipment associated with an existing 18 -hole disc golf course to the City at no cost. Sites proposed to be evaluated include, open space owned by the City located directly south of the Lakeville South High School, Kenwood Middle School, Casperson Park and East Community Park. Primary Issues to Consider • Initial start up cost • Ongoing maintenance and future improvements • Public involvement in the initial construction Ge ald S. Michaud Parks & Recreation Director Item No. Supporting Information • Professional Services Agreement with Travacomp International, Inc. • Exhibit A • General information about disc golf courses Financial Impact: $2,000Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 4 day of April, 2011, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City ") and TRAVACOMP INTERNATIONAL, INC., a Minnesota corporation d/b /a DG BY DESIGN (hereinafter referred to as "Consultant "). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish the services to design an eighteen (18) hole disc golf course at the location setforth on the attached Exhibit "A" in accordance with the Contract Documents. Consultant agrees to perform the services. The services must be completed on or before June 30, 2011. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement. B. Proposal to Construct a Disc Golf Course. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "B" having the last priority. 3. COMPENSATION. Consultant shall be paid by the City for the services described in the Contract Documents $55.00 per hour not to exceed $400.00 per calendar day with a maximum not to exceed fee of $2,000. Consultant will not be reimbursed for any expenses Consultant may incur. The not to exceed fee shall not be adjusted if the estimated hours to perform a task, the number of required meetings, or any other estimate or assumption is exceeded. Consultant shall be paid upon completion of the services and receipt of the deliverables by the City. 4. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 5. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 6. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant's services. 156906v01 RNK:03 /29/2011 1 7. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 8. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence /aggregate Automobile Liability $300,000 combined single limit The City shall be named as an additional insured on the general liability policy. Before commencing work the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 9. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and /or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 10. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. . Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractor for all undisputed services provided by subcontractor within ten days of Consultant's receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 11. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement. Consultant is subject to all the 156906v01 RNK:03/29/2011 2 provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and /or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 13. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 14. PATENTED DEVICES, MATERIALS AND PROCESES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 15. RECORDS. Consultant shall maintain complete and accurate records of expenses involved in the performance of services. 16. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 17. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 18. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 156906v01 RNK:03/29/2011 3 Dated: , 2011. CITY OF LAKEVILLE Dated: March 30, 2011 TRAVACOMP INTERNATIONAL, INC. d /b /a DG BY DESIGN 156906v01 RNK:03/29/2011 BY: BY: 4 Its President 156906v01 RNK:03; 29/201 1 EXHIBIT "A" TO PROFESSIONAL SERVICES AGREEMENT Services to be Performed Sites proposed to be evaluated include space owned by the City located directly south of Lakeville South High School, Kenwood Trail Middle School, Casperson Park and East Community Park. Provide disc golf course design on a site approved by the City of Lakeville. Upon approval, mark the layout to indicate where tees, targets and signage should be installed. Provide advice on potential vendors to acquire any equipment and spare parts. Advise and assist with installation if requested by the City. Prepare a course map suitable for printing and City website. Prepare a scorecard template with pars and hole lengths for City to enhance with their own graphics and logo which would be made available for distribution to players. If City decides new course location lends itself for producing income in some manner, advise City on how to proceed. 5 DG by Design Page 1 of 1 DG by DESIGN Why Hire a Professional Disc Golf Course Designer? Quality: Cost: Fees: Click to see Courses Designed Many disc golf courses have been designed by volunteer local players or park personnel who may have minimal playing or design experience. Even though some local players may have played many courses, few have ever designed one. Some experienced players have designed courses but typically they do not know how to design a set of tees for beginners or recreational players. Course designs and tee placements should account for skill levels of recreational players thru world class players as desired based on the proposed users for the course. Less experienced people may miss key design elements that make the difference between an average versus good and safe design. Experience: I have played and evaluated over 300 courses in the past 15 years to develop Disc Golf Course Design guidelines adopted by the Professional Disc Golf Association (PDGA) and am currently chair of that committee. I have been Co- Director of Course Development for the Minnesota Frisbee Association for 15 years. I have lead the effort to install more courses per capita in the Twin Cities (and southern MN) than most U.S. metro areas. My efforts have been literally at the "grass roots" level by digging holes, painting signs, trimming foliage, weed - whipping under - brush, slopping Sak- Crete, assembling baskets, developing leagues and trudging through the woods doing design fieldwork during Minnesota winters. As needed, I use a GPS system to develop more accurate park and course maps. Not everyone has the funds for a deluxe course. I can show you cost - effective ways to develop your course. I can also connect you with local and national people and resources to enhance and maintain your local disc golf program. $55 per hour (plus expenses) $400 per day (plus expenses) (Expenses are primarily travel related) Depending on the density of foliage, design fees excluding expenses for 9 -hole courses typically run from $400 -$1000 and 18 -holes typically runs from $1000- $2000. Courses requiring significant tree removal are the most expen- sive when additional time is required to oversee that process. I am available most weekdays year -round with sufficient notice and most weekends especially from November through April. For more information contact Chuck Kennedy at: ck34@aol.com http: / /ck34.net/dgbydesign/ 3/30/2011 Benefits of Disc Golf Course Development 1 DGA 1 Disc Golf Association Course Equipment Disc Golf Association The Company that Brought you Disc Golf! Course Design Disc Golf Home Course Design Benefits of Disc Golf Course Development Disc Golf Course Design Course Design Main Page Developmen t Benefits Course Components Course Design 101 Course Packages Design Standards Qualified Designers Pay for Play Economic Summary Course Equipment Installation Equipment Installation Basket Installation Tee Sign Installation Tee Pad Installation I - Disc Golf News and Information Team and Tournaments Benefits of Disc Golf Course Development Bill Flynn Commissioner Trumbull County Metroparks Ed Headrick Memorial Home About DGA Customer Service Site Map Search Page 1 of2 "The activity provides low cost recreation to the community while being low cost for installation and maintenance.., As The Trumbull County Metroparks look into the tenth year of offering disc golf we have no regrets. disc golf may be the best kept recreational secret." Inexpensive to Install Construction of a disc golf course is inexpensive, the maintenance costs are minimal and the play is free in the majority of cases. A disc golf course is inexpensive to install and can make use of land unsuitable for other sports, activities or development. This differentiates disc golf from most other outdoor sports that require specialized sport facilities, buildings or extensive land development. Once installed, a disc golf course has few maintenance costs associated with upkeep and operation. In addition disc golf can be played year round, rain (snow), or shine. A small basic disc golf course can be built on as little as two acres of land. A full championship course usually is built on one to two acres per hole. Benefits to the Community and the Park low impact exercise for all ages enhancing your park and community Disc golf is found in state, county and neighborhood parks and private property in diverse climates and terrain. A disc golf course brings the local community to your parks as well as attracting disc golfers from the surrounding areas. "Disc golf has been very beneficial for the Kalamazoo Parks system ", Bob Gregersen, Kalamazoo's County Parks Director states. "We've received a lot of extra visitors and attention because of the game. disc golfers are in the park 365 days a year. Whatever the season, whatever the weather, I see players on the course. Thata€ ms what is exciting to me. We have something that attracts people all year round. We've had ice fishing and cross country skiing for years, but disc golf is now our biggest winter activity. If you build it they will come." Schools have been increasingly adding disc golf to their curriculum. Schools are finding that kids not only love the sport but that it helps developed critical thinking through scrutinizing and negotiating obstacles, it provides a safe means of exercise and can be used for other life lessons like ecology, planning and socialization. http: / /www.discgolfassoc.com/ course - design /course- development.html 3/30/2011 Benefits of Disc Golf Course Development I DGA I Disc Golf Association Page 2 of 2 Disc Golf Courses are Environmentally Friendly There is no clear-cutting of trees, grading of land, costly fertilizer, or mowing maintenance necessary. Well designed disc golf courses are environmentally friendly and utilize an area's existing topography. Varied terrain is an advantage. Trees, shrubs, hills, creeks and lakes offer more obstacles and challenge to a course. There is no clear- cutting of trees, grading of land, costly fertilizer, or mowing maintenance necessary. Courses have been installed on old landfills, around reservoirs where there is a hundred year - flood buffer and Pole Holes have been anchored into above - ground concrete forms so as to avoid any digging in sensitive areas where land disturbance needs to remain at a minimum. Many of today's course designs employ the use alternative tee positions so that parts of the course can lay fallow for a season or two. DGA first designed an anchor and collar system for our Disc Pole HolesT' so that alternate anchors could be installed on your course. Additional anchors allows one tee off position to have 3 or more hole options. This not only limits erosion from foot traffic but creates depth and flexibility to your course layout. Low Cost and a Positive Investment Players tend to take an active role in the course and the surrounding areas A disc golf course provides a €oebang for the bucks €❑ allowing dozens of players to play the same time. A successful disc golf course like two local courses De Laveaga in Santa Cruz, California and San Francisco Golden Gate Park disc golf Course can have over a hundred players playing the course at the same time on a given weekend. In contrast, a tennis court that costs more to install only has two or at most, four players at a time. In addition, the sport attracts positive and dedicated disc golf players and disc golf clubs who bring a beneficial element to the area. The players tend to take an active role in the course and the surrounding areas, making sure the course is in good shape and taken care of. We had a problem with vandalism in certain areas of the park, but after the disc golf course was built, the increased activity in the park really decreased vandalism ", states Rich Dippel, Director of Parks and Recreation for South St. Paul, Minnesota. It only takes a piece of park space that wasn't being used and makes it an important part of the park system." De Laveaga for example, designed by Tom Schot, is part of over 1200 acre multiple use recreation area which today includes picnic areas, lighted softball fields, an 18 -hole ball golf course, miles of hiking, biking and equestrian trails, an archery and shooting range, all situated within the Santa Cruz city limits. Prior to the installation of the disc golf course, the area of De Laveaga disc golf Course was used as an illegal dump. Tom Schot and the local disc golf community removed thousands of tons of trash and created what is today a beautiful, cared -for and trash free park, recognized as one of the premier disc golf courses in the world. Bob Downing, Portland Parks & Recreation District Manager, had this to say about the benefits of disc golf in his district: "The positive change in the park brought about by disc golf has made a lot of people happy - neighbors, police, golfers, local businessmen, and parks workers. The old adage that positive use will displace a negative use seems to be much in evidence at Pier Park." Mayor of Portland, Oregon, Vera Katz, found a recent disc golf tournament a positive addition to the Portland Community and Park System. "As Mayor of Portland, I welcome any opportunity to support events that bring together members of our community in a positive and sustainable way. The NW Amateur disc golf Series is just such an opportunityaC: On behalf of the citizens of Portland, I welcome you! We are proud to be the host for the 2004 Progress disc golf Tournament. I think youaC""ll find Pier Park to be one of the jewels of our Portland parks." t5 SHARE 1 ' Copyright © 2010 1 Disc Golf Association 1 Disc Golf's Founding Company Phoney 83-1-722-6037 1 Fax-. 831 322 8136 Contact Disc Golf Association The Home of Disc Golf 1 About Disc Golf Association 1 Customer Service 1 Disc Golf Association Site Map Disc Golf Eauipment 1 Disc Golf Baskets 1 Disc Golf Discs 1 Disc Golf Apparel 1 Disc Golf Course Design 1 Disc Golf News : Information Team DGA and Tournament 1 Disc Golf Education : Lessons : History 1 "Steady" Ed Headrick Memorial: The Father of Frisbee and of Disc Golf http: / /www.discgolfassoc.com/ course- design/course- development.html 3/30/2011