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Parks and Public Works Committee

Regular Meeting

Prescott, WI · February 20, 2023

AgendaMinutes

Minutes

Parks, and Public Works Committee Meeting Minutes February 20th, 2023 Pursuant to due call and notice thereof, a meeting of the Parks, and Public Property Committee was held, February 20th, 2023, Municipal Building, 800 Borner Street, Prescott, Wisconsin 54021. The meeting was called to order at 5:00 pm Committee Present: Bailey Ruona, John Peterson, Pat Knox Committee Absent: None. Staff Present: City Administrator Matt Wolf, Planner Carter Hayes, Public Works Director Mike Kinneman Others Present: Wisconsin Department of Transportation, Greg and Cole Adams of Cedar Corporation, Members of the public. 1. Approve Minutes for January 17th, 2023. John Peterson motioned to approve the minutes for January 17th, 2023. Knox seconded; motion passed without a negative voice (3-0). 2. Public Works Items A) USH 10 & STH 35 Project Discussion The Wisconsin Department of Transportation will be present at the Committee meeting to discuss the upcoming STH 35 and USH 10 project scheduled for 2027-2028, which they will be providing handouts. Additionally, Cedar Corporation at the direction of City Council has drafted a proposal for STH 35 to add a multi-use trail concept plan from downtown. This concept plan will be shared during the meeting for the Committee to review and discuss. Steve Bruce, Bob Held, and Dave Wincensen of the WisDOT Eau Claire office were present to head the discussion for the DOT. Cole Adams of Cedar Corporation presented information regarding the trail design that was designed. The new design extends from Kinnikinnic Street to Wacota Street. The DOT states that the roadway may not be narrower than the standard 36’ curb face to curb face. The design created by Cedar Corporation has a roadway width of 28’. The DOT will confer with their design and traffic department to verify if any narrowing of the roadway can occur and if a 10’ path can fit within the ROW. 1 WDOT has a schedule of Hwy 35 and HWY 10 slated for 2028 construction. Steve Bruce shared that the existing roadway pavements and condition of ancillary components were assessed and found to require significant pavement resurfacing and repairing/replacing stormwater inlets. It is also planned to replace the modular block retaining wall along HWY 35. Any added repair to parking spaces and aesthetic coloring to sidewalks in the downtown would be a city cost within the project. Resurfacing of the DOT park and ride will be conducted in 2028 as well. The intersection of Cherry Street and HWY 10 is looked to be reconstructed with new islands and turn signals as a part of the project. The parking along HWY 10 could subject to removal. The DOT proposed path along HWY 35 includes a 6’ wide sidewalk against the back of curb rather than a 10’ wide multi-use trail recessed from the roadway. The cost for this proposal would be approximately $400,000 with the city responsible for $88,000 per the 80/20 cost share. The DOT alternate proposed plan would require movement of the retaining wall, costing a significant portion of the project and totaling nearly $1.6 million. The city also has proposed a sidewalk and pedestrian access at HWY 29 and HWY 35. The sidewalk would have a city cost of approximately $30,000. The crosswalk across HWY 10 would require modifications to the traffic signals to accommodate pedestrian movement. The DOT was willing to construct the sidewalk at an 80/20 cost share. Committee member Peterson raised the question that the cost sharing percentages may change, in which the DOT explained it would be in the city’s best interest to take advantage of the 80/20 cost sharing. The DOT shares that the intent of this project is to repair and reconstruct everything that needs to be, and not to leave the city with a financial liability. Typically, projects must be near full design within 1-2 years to the construction start date. Committee Member Ruona shared that the City could create an agreement limiting liability for changes to cost or scope. The Committee favored the proposed sidewalk near HWY 29 and HWY 10 intersection, along with removing parking North of HWY 10 near the HWY10 and Cherry Street intersection. Committee Member Ruona motioned to move the matter to Council. Knox seconded; motion passed without a negative voice (3-0). 3. Parks Items A) Knowles Nelson Stewardship Grant Proposal The City is pursuing Knowles-Nelson Stewardship funds as a part of the Magee Park Renovation Project. The project has a current probable cost of $1,209,280 (see attached project estimate). The City is eligible to apply for the Land and Water Conservation Fund (LWCF) and Recreational Trails Program (RTP) for the project. Deadline to apply for stewardship funds is May 1st, 2023. The application will be submitted to both programs and ultimately the DNR will decide if the project meets the 2 criteria and what program the project would receive funding. The RTP is capped at a maximum grant of $100,000 whereas the LWCF is capped at 50% of total project costs and no federal funds can be used to match the 50%. Cedar Corporation has drafted a proposal to assist the City on submitting a 2023 WDNR Knowles-Nelson Stewardship Grant for the Magee Park Renovation Project. Planner Carter Hayes presented information regarding the proposal for Knowles Nelson grant. Committee Member Knox motioned to approve the proposal to council; Peterson seconded. Motion passed without a negative voice vote. (3-0). B) Farmers Market Special Event Request The City has been approached by a group looking to start a Farmers Market within the City of Prescott. The current proposal would be to hold the event every other Friday starting on May 19th and go through late October from 4 pm – 8 pm. The group is looking to see if there would be a willingness of the City to use a community park for the event. As part of the event, they would like to make use of picnic tables and a shelter, as a result the options listed below meet that criteria to consider; if there is a willingness to allow the event in a City park. 1. Public Square Park 2. Freedom Park 3. St. Croix Bluffs Park 4. Mercord Mill Park City Administrator Matt Wolf presented information regarding the proposed farmer’s market. Committee member Ruona favored Freedom Park, but Committee Member Peterson stated that due to the typical utilization, it would conflict with regular community use. St. Croix Bluffs Park was decided to be best fit to accommodate a farmers’ market. 4. Other Business 5. Adjourn Peterson motioned to adjourn. Ruona seconded; motion passed without a negative voice (3-0) at 6:53 pm The next Parks Committee meeting will be March 20th, 2023. Respectfully Submitted, Carter Hayes Planner 3

Agenda

CITY OF PRESCOTT PARKS & PUBLIC WORKS COMMITTEE MONDAY, FEBRUARY 20 5:00 PM MUNICIPAL BUILDING 800 BORNER ST PRESCOTT, WI 54021 1) Call to Order 2) Roll Call 3) Approve Minutes for January 17, 2023 4) Public Works Items a) USH 10 & STH 35 Project Discussion 5) Parks Items a) 2023 Knowles-Nelson Stewardship Grant – Magee Park Improvements b) Farmers Market Special Event Permit Request 6) Other Business 7) Adjourn NOTICE ACCESS TO THE MUNICIPAL BUILDING FOR THE DISABLED IS AVAILABLE AT THE MAIN ENTRANCE. ALL THOSE WITH SPECIAL NEEDS SHOULD CALL CITY HALL OFFICES (715-262-5544) IF ASSISTANCE IS REQUIRED IT IS POSSIBLE THAT A QUORUM OF THE COMMON COUNCIL OR OTHER CITY COMMITTEES MAY BE PRESENT AT THIS MEETING. THIS IS INCIDENTAL AND NO ACTION WILL BE TAKEN BY THE COUNCIL OR ANY OTHER COMMITTEES. Parks, and Public Works Committee Meeting Minutes January 17th, 2023 Pursuant to due call and notice thereof, a meeting of the Parks, and Public Property Committee was held, January 17th, 2023, Municipal Building, 800 Borner Street, Prescott, Wisconsin 54021. The meeting was called to order at 5:05 pm Committee Present: Bailey Ruona (arrived late), Pat Knox, John Peterson Committee Absent: None. Staff Present: City Administrator Matt Wolf, Planner Carter Hayes, Public Works Director Mike Kinneman Others Present: Fairy Wonderlands Group, Greg and Cole Adams of Cedar Corporation, Prescott Pickleball Group, Members of the public. 1. Approve Minutes for November 21st, 2022. Knox motioned to approve the minutes for November 21st, 2022. Peterson seconded; motion passed without a negative voice (2-0). 2. Public Works Items A) USH 10 & STH 35 Project Discussion WDOT was originally scheduled to be present at the meeting. Cedar Corporation drafted a layout of the proposed trail corridor adjacent to HWY 35. Greg Adams of Cedar Corporation presented information regarding the trail corridor along HWY 35. Cedar Corporation proposes narrowing travel lanes and moving the Eastern curb inward toward the road to increase space available for the trail along the road. Narrowing of the travel lanes will also encourage drivers to drive at a more appropriate speed along the stretch of roadway. The proposed trail corridor provides more connectivity of pedestrian modes of transportation to other amenities within Prescott. The required maintenance agreement with WDOT is also into question with this project. The committee does not favor signing an agreement to maintain a roadway (mainly curb and gutter) that is not of good repair. The city would be expected to maintain all elements of the ROW outside of the travelled lanes. The total cost of the Cedar proposal for the trail is approximately $400,000 whereas the original WDOT proposal totaled $1.2 million. 1 The Committee looked to propose 2 options, one with a trail stretching the entire way to Magee Park, and a lesser option where the trail stops at Monroe Street. B) Locust Street Design Review and Discussion Cedar Corporation has put together a draft concept plan that was shared with residents of the street as part of a community meeting on January 4 at 5:00 pm. The committee discussed adding a sidewalk, a bid alternative for street signage, streetlight inclusion, and adding the Orange street lot to the project and adding potential under-road heating systems to Orange Street. Cedar Corporation presented information regarding the Locust Street Design. Committee member Ruona requested to look into the type of lighting that Xcel provides for the streets. It was also expressed to look into the under-road heating for the three steep hills that Prescott has. It was stressed from Committee Member Ruona that there are numerous trees being removed. Cedar Corporation added that many of the trees are unwell in health, and they can be replaced with new trees. C) Well #4 Generator The City of Prescott currently does not have a generator back-up for Well #4, which is our largest well currently operating within the City. In discussing with CBS Squared as part of the design work for Well #3 they have recommended a generator be added to this well, which was included in the 2023-2030 Capital Improvement Plan. The generator will serve as an emergency power back-up for the well system. City Administrator Matt Wolf presented information regarding a backup generator for Well #4. DPW Director Mike Kinneman explained that an emergency generator could be available for “on-call” if we were to need it immediately. A new generator would cost $57,405. Committee member Ruona motioned to move the matter to Council; Peterson seconded. Motion passed without a negative voice (3-0). D) 541 Linn Street – Utility Bill Reduction The City of Prescott currently uses a program called READY (READ-ie) for quarterly readings to determine water usage for utility bills. The current meters the City uses have the ability to tell if there is continuous flowing water through the meter within a home. If this occurs the system flags this meter as a “leak”. City Administrator Matt Wolf presented information regarding the utility bill reduction. 541 Linn Street experienced high than normal water bills and discovered a leak in the water system at the home. Committee Member Peterson asked how the City can prevent this in the future to which City Administrator Wolf responded saying there will be 2 a letter going out to all properties that are of the “leak” status in the READY system. The leak 541 Linn Street was fixed and a reduction in the bill was requested. The committee discussed updating the reading system to be able to read the entire city on demand, rather than a radio frequency being read from a vehicle. Committee Member Ruona motioned to require payment of the 3rd quarter billing rather than the 4th quarter billing. Knox seconded; motion passed without a negative voice (3-0). 3. Parks Items A) Fairy Wonderland Discussion Members of the Fairy Wonderland organization will be present to give an update on the current work and discuss upcoming additional phases. The Fairy Wonderlands group is working on Phase 2 of the park. The request that the bathrooms building, and parking be added to the budget for the park updates by the City. Committee Member Ruona explained that a general project timeline would be helpful to plan the improvements of the Park. The group explained a better picture of the timeline would come in during the Spring when grant funding is secured. B) Proposed Comprehensive Outdoor Recreation Amendments Staff is pursuing Knowles-Nelson stewardship funds for the Magee Park Renovation Project for 2024. As a part of the requirements for the grant, the project must be listed in the Comprehensive Outdoor Recreation Plan (CORP). Staff also is of the opinion that an update of all the “recommendations” per park in the Chapter 6 Park and Recreational Inventory should be completed. Planner Carter Hayes presented information regarding the proposed amendments. Committee Member Ruona mentioned changing the verbiage to multi-recreational trail rather than “hiking trail” in one of the recommendations. Committee Member Ruona motioned to approve the proposed CORP Amendments. Knox seconded; motion passed without a negative voice (3-0). C) Pickleball Courts Proposal – Public Square In the last meeting discussing Public Square Pickleball, staff presented various cost estimates regarding 4 courts and other improvements to Public Square Park. Staff and the Prescott Pickleball Group discussed reducing the scope to 2 courts to decrease cost, which was approved as part of the 2023 budget. Planner Carter Hayes presented information regarding the Pickleball Court updates. The City has received numerous proposals for pickleball courts. Most recently from Fred Kolkmann, although going with Fred Kolkmann would cause the City to be overbudget of approximately 15-20% for the project. Cedar Corporation is willing to create a basic 3 bid package that would hopefully bring the project cost back into budget with competitive bids. The committee decided that, when a bid proposal from Cedar Corporation is received, that it will move straight to Council for approval. 4. Other Business A) Council Workshop – January 23rd at 5:00 PM. – Downtown paid parking. 5. Adjourn Ruona motioned to adjourn. Peterson seconded; motion passed without a negative voice (3-0) at 7:12 pm The next Parks Committee meeting will be February 20th, 2023. Respectfully Submitted, Carter Hayes Planner 4 To: Parks and Public Works Committee From: Matt Wolf, City Administrator Date: February 16, 2022 Subject: USH 10 and STH 35 Project Discussion Discussion The Wisconsin Department of Transportation will be present at the Committee meeting to discuss the upcoming STH 35 and USH 10 project scheduled for 2027-2028, which they will be providing handouts. Additionally, Cedar Corporation at the direction of City Council has drafted a proposal for STH 35 to add a multi-use trail concept plan from downtown. This concept plan will be shared during the meeting for the Committee to review and discuss. Recommendation Discuss USH 10 and STH 35 Projects and determine next steps. To: Parks & Public Property Committee From: Carter Hayes, Planner Date: February 16th, 2023 Subject: Knowles Nelson Stewardship Grant Proposal Background The City is pursuing Knowles-Nelson Stewardship funds as a part of the Magee Park Renovation Project. The project has a current probable cost of $1,209,280 (see attached project estimate). The City is eligible to apply for the Land and Water Conservation Fund (LWCF) and Recreational Trails Program (RTP) for the project. Deadline to apply for stewardship funds is May 1st, 2023. The application will be submitted to both programs and ultimately the DNR will decide if the project meets the criteria and what program the project would receive funding. The RTP is capped at a maximum grant of $100,000 whereas the LWCF is capped at 50% of total project costs and no federal funds can be used to match the 50%. Discussion Cedar Corporation has drafted a proposal to assist the City on submitting a 2023 WDNR Knowles- Nelson Stewardship Grant for the Magee Park Renovation Project. The proposal includes the following scope or work for Cedar Corporation to perform: 1. Prepare grant resolution 2. Prepare required project maps 3. Work with City staff to collect information for the application 4. Complete grant application and related forms 5. Provide project cost estimate 6. Attend all meetings related to the application 7. Assist with submitting the application to the WDNR by May 1, 2023 In total Cedar Corporation is proposing the work to be completed at a cost of $5,000, which would be taken out of the Parks Escrow funds. Recommended Parks Committee Actions Review and approve the Cedar Corporation proposal to assist the City on submitting a 2023 WDNR Knowles-Nelson Stewardship Grant Application. Attachments • Magee Park Trail Map with Estimate Assumption Markups • Confirmation of Client Request for Services between Cedar Corporation (ENGINEER) and CITY OF PRESCOTT (CLIENT) • Magee Park Project Estimate (8/19/22) Project No. _______________________ Date: Confirmation of Client Request for Services between Cedar Corporation (ENGINEER) and CITY OF PRESCOTT (CLIENT) Authorization to Perform Professional Engineering Services ENGINEER is hereby authorized to proceed with the project listed below. The services are to be completed in a timely manner mutually agreeable with the CLIENT and ENGINEER. Project: Assist the City of Prescott on submitting a 2023 WDNR Knowles-Nelson Stewardship Grant for Magee Park Improvements. Scope of Work: The following is the proposed scope of work for ENGINEER to provide all Planning work described below: 1. Prepare grant resolution 2. Prepare required project maps 3. Work with City staff to collect information for the application 4. Complete grant application and related forms 5. Provide project cost estimate 6. Attend all meetings related to the application 7. Assist with submitting the application to the WDNR by May 1, 2023 The following is the proposed scope of work shall be the responsibility of the CLIENT described below: 1. Update the City’s Comprehensive Outdoor Recreation Plan to include proposed project 2. Provide necessary plans, maps, and documentation requested by the ENGINEER in a timely manner 3. Provide and/or coordinate with local contacts to obtain the necessary materials/supporting documents for the grant 4. Assign a designee to sign grant documents 5. Submit grant resolution for consideration by the Common Council 6. Provide the necessary signatures on the grant application The proposal includes ENGINEER attending up to one CLIENT Council meeting and one in-person meeting/site visit. Additional in-person meetings will be charged on a time and materials basis. Method of Compensation: Work will be completed on a Lump Sum “Not to Exceed” Fee in the amount of $5,000. Payments are due and payable thirty (30) days from the date of the ENGINEER’s invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate of one percent (1%) per month from invoice date. Timetable: ENGINEER’s services shall be completed by May 1, 2023. Attachment C – Standard Conditions, is hereby incorporated into THIS AGREEMENT. City of Prescott Knowles-Nelson Stewardship Grant Cost Proposal.docx Agreement – Page 1 of 4 Project No. _______________________ Date: THIS AGREEMENT is hereby approved and executed this ____ day of _____________, 2023. City of Prescott CEDAR CORPORATION By: By: Name: Name: Lynn McIntyre ________ Title: Title: Planning and Grant Team Lead ______ By: By: Name: Name: Josh Miller _______ Title: Title: Senior Planner City of Prescott Knowles-Nelson Stewardship Grant Cost Proposal.docx Agreement – Page 2 of 4 Attached: Standard Conditions Attachment C - Standard Conditions PART I - DESCRIPTION OF days of receipt, Client shall be Scope of Services set forth in this of Client default or the Client SERVICES deemed to accept the bill as Agreement and in any addenda to terminates for cause, Cedar submitted. the Agreement is based on facts Corporation shall be paid for 1.1 CEDAR CORPORATION known at the time of execution of services performed to the agrees to provide professional 3.2 Where Client disputes some this Agreement, including, if termination date including services for the PROJECT as portion of the charges contained applicable, information supplied reimbursable expenses due. Upon more completely described in in Cedar Corporation’s bill for by Client. For some projects receipt of the terminating action, this Agreement. services, he shall make payment involving conceptual or process Cedar Corporation shall of that portion of the bill which is development services, scope may promptly discontinue all services 1.2 CEDAR CORPORATION undisputed. In no case may not be fully definable during unless the notice directs agrees to provide all professional Client elect to withhold payment initial phases. As the project otherwise, and upon receipt of services within a reasonable to Cedar Corporation of the progresses, facts discovered may final compensation make period of time following the date entire amount due. indicate that scope must be available to Client all appropriate of authorization to proceed by redefined. documents prepared under the OWNER. If a special time 3.3 If Client fails to make any Agreement whether completed or schedule must be met for a payment due Cedar Corporation 4.3 SAFETY. Cedar Corporation has in process. PROJECT, it shall be specifically for services and expenses after established and maintains set forth in this Agreement. receipt of Cedar Corporation’s corporate programs and 4.6 OPINIONS OF PROBABLE bill therefore, the amounts due procedures for the safety of its CONSTRUCTION COST. Any PART II - CLIENT’S Cedar Corporation shall bear employees. Unless specifically opinion of probable construction RESPONSIBILITIES interest from invoice date at the included as a service to be costs prepared by Cedar rate set forth in this agreement, provided under this Agreement, Corporation is supplied for the Client, at its expense, shall do the or in the absence thereof at the Cedar Corporation specifically general guidance of the Client following in a timely manner so as not legal rate prevailing from time to disclaims any authority or only. Since Cedar Corporation to delay the services, time at the principal place of responsibility for general job site has no control over competitive business of Cedar Corporation. In safety and safety of persons other bidding or market conditions, 2.1 INFORMATION/REPORTS addition Cedar Corporation may, than Cedar Corporation Cedar Corporation cannot after giving ten (10) days written employees. guarantee the accuracy of such Furnish Cedar Corporation with notice to Client, suspend services opinions as compared to contract all reports, studies, site under this agreement until paid in 4.4 DELAYS. If events beyond the bids or actual costs to Client. characterizations, regulatory full all amounts due under this control of Client or Cedar orders, and similar information in agreement. In the event Client Corporation, including, but not 4.7 RELATIONSHIP WITH its possession relating to the does not pay, or does not pay limited to, fire, flood, explosion, CONTRACTORS. Cedar Project. Unless otherwise timely, Cedar Corporation shall riot, strike, war, process Corporation shall serve as specified in Part I, Cedar be entitled to collect from Client shutdown, act of god or the Client’s professional Corporation may rely upon all amounts due plus expenses, public enemy, and act or representative for the services, Client-furnished information including but not limited to regulation of any government and may make recommendations without independent verification attorney fees, incurred by Cedar agency, result in delay to any to Client concerning action in performing the Service. Corporation in connection with schedule established in this relating to Client’s contractors. collection efforts, in addition, the Agreement or in any Addenda to However, Cedar Corporation 2.2 REPRESENTATIVE reasonable value of Cedar this Agreement, then such specifically disclaims any Corporation’s time spent in schedule shall be amended to the authority to direct or supervise Designate a representative for the connection with collection extent necessary to compensate project who shall have the efforts, computed at Cedar for such delay. In the event such the means, methods, techniques, authority to transmit instructions, Corporation’s prevailing fee delay exceeds 60 days, Cedar sequences or procedures of receive information, interpret and schedule. Corporation shall be entitled to construction selected by Client’s define Client’s policies, and an equitable adjustment in contractors. make decisions with respect to PART IV - STANDARD TERMS compensation. the services. AND CONDITIONS 4.8 CONSTRUCTION REVIEW. 4.5 TERMINATION. Either party For projects involving 4.1 STANDARD OF CARE. 2.3 GIVE NOTICE may terminate this Agreement at construction, Client Services shall be performed in the end of the term hereof, or any acknowledges that under accordance with the standard of Give prompt written notice to extension thereof, upon 30 days generally accepted professional professional practice ordinarily Cedar Corporation whenever written notice to the other party practice, interpretations of exercised by the applicable Client observes or otherwise as provided at PART I above. construction documents in the profession at the time and within becomes aware of any defect in field are normally required, and the locality where the services the Project or other event which Also, this Agreement may be that performance of construction- are performed. Professional may substantially affect terminated by either party if the related services by the design services are not subject to, and performance of services under other party fails to fulfill its professional for the municipal Cedar Corporation cannot this Agreement. obligations under this Agreement project permits errors or provide any warranty or through no fault of the omissions to be identified and guarantee, either express or PART III - BILLING, AND terminating party. No such corrected at comparatively low implied. Any such warranties or PAYMENT termination may be effected cost. Client agrees to hold Cedar guarantees contained in any unless the other party is given not Corporation harmless from any purchase orders, Client action, 3.1 Cedar Corporation will less than ten calendar day’s claims resulting from requisitions or notices to proceed periodically bill the client with written notice of intent to performance of municipal issued by Client are specifically net payment due in 30 days. terminate and an opportunity for services by persons other than objected to by Cedar Unless Client provides Cedar correcting the default and for Cedar Corporation. Corporation. consultation with the terminating Corporation with a written party before termination. If Cedar 4.9 INSURANCE. Cedar 4.2 CHANGE OF SCOPE. The Corporation terminates as a result Corporation will maintain objection to the bill within 15 Standard Short Form Agreement for Professional Services 2023 Agreement – Page 3 of 4 insurance coverage for individuals. shall also be provided in “hard prevailing party shall be entitled Professional Liability, copy” and that the hard copy to collect its litigation costs, Comprehensive General, 4.11 HAZARDOUS MATERIAL. shall govern in the case of a including attorneys’ fees from Automobile, Workers Hazardous materials may exist at discrepancy between the two the other party. Compensation, and Employer’s a site where there is no reason to versions, and shall be held as the Liability in amounts in believe they could or should be official set of drawings, as signed 4.17 NO WAIVER. No waiver by accordance with applicable legal present. Cedar Corporation and and sealed. Client shall be either party of any default by the requirements as well as Cedar Client agree that the discovery of afforded a period of thirty (30) other party in the performance of Corporation’s business unanticipated hazardous days in which to check the hard any particular section of this requirements. Certificates materials constitutes a changed copy against the electronic Agreement shall invalidate any evidencing such coverage will be condition mandating a media. In the event that any error other section of this Agreement provided to Client upon request. renegotiation of the Project scope or inconsistency is discovered or operate as a waiver of any of work. Cedar Corporation within such thirty (30) day period future default, whether like or 4.10 ALLOCATION OF RISKS. To agrees to notify Client as soon as it shall be corrected at no different in character. the fullest extent permitted by practically possible should additional cost to Client. law, Cedar Corporation shall unanticipated hazardous Following the expiration of this 4.18 NO THIRD-PARTY indemnify and hold harmless, materials or suspected hazardous thirty (30) day period, Client BENEFICIARY. Nothing Client, Client’s officers, materials are encountered. Client shall bear all responsibility for contained in this Agreement, nor directors, partners, and acknowledges and agrees that it the care, custody and control of the performance of the parties employees from and against any retains title to all hazardous the electronic media. In addition, hereunder, is intended to benefit, and all costs, losses, and material existing on the site and Client represents that it shall nor shall inure to the benefit of, damages (including but not shall report to the appropriate retain the necessary mechanisms any third party, including limited to all fees and charges of federal, state or local public to read the electronic media, Client’s municipal project engineers, architects, attorneys, agencies, as required, any which Client acknowledges to be contractors. and other professionals, and all conditions at the site may present of only limited duration. Client court or arbitration or other a potential danger to the public agrees to defend, indemnify, and 4.19 SEVERABILITY. The various dispute resolution costs) caused health, safety or the environment. hold harmless Cedar Corporation terms, provisions and covenants solely by the negligent acts or Client shall execute any from all claims, damages, and contained in this Agreement or omissions of Cedar Corporation manifests or forms in connection expenses (including reasonable any addenda shall be deemed to or Cedar Corporation’s officers, with transporting or storage and litigation costs), arising out of be separate and severable, and directors, partners, employees, disposal of hazardous materials such reuse or alteration by Client the invalidity or unenforceability and Cedar Corporation’s resulting from the site or work on or others acting through Client. of any of them shall not affect or consultants in the performance the site or shall authorize Cedar Cedar Corporation agrees that all impair the validity or and furnishing of Cedar Corporation to execute such plans, engineering designs, enforceability of the remainder. Corporation’s services under this documents as Client’s agent. electronic and computer data and Agreement. Client waives any claim against imagery relating to Client’s 4.20 AUTHORITY. The persons Cedar Corporation and agrees to projects are the property of the signing this Agreement warrant To the fullest extent permitted by defend, indemnify, and save Client and shall be presented to that they have the authority to law, Client shall indemnify and Cedar Corporation harmless from Client at no additional cost upon sign as, or on behalf of, the party hold harmless Cedar any claim or liability for injury or written request. for whom they are signing. Corporation, Cedar loss arising from Cedar Corporation’s officers, directors, Corporation’s discovery of 4.14 AMENDMENT. This 4.21 OTHER. Cedar Corporation partners, employees, and Cedar unanticipated hazardous Agreement, upon execution by reserves the right to enter into Corporation’s consultants from materials or suspected hazardous both parties hereto, can be agreements with other design and against any and all costs, materials. amended only by a written professionals for portions of the losses, and damages (including instrument signed by both parties. work included under this but not limited to all fees and 4.12 ACCESS. Client shall provide Agreement. Where this charges of engineers, architects, Cedar Corporation safe access to 4.15 ASSIGNMENT. Except for subagreement would represent a attorneys, and other any premises necessary for Cedar assignments (a) to entities which major portion of the design work, professionals, and all court or Corporation to provide the control, or are controlled by, the Cedar Corporation shall receive arbitration or other dispute services. parties hereto or (b) resulting approval of Client for this resolution costs) caused solely by from operation of law, the rights subagreement. the negligent acts or omissions of 4.13 REUSE OF PROJECT and obligations of this Client or Client’s officers, DELIVERABLES. Reuse of Agreement cannot be assigned by directors, partners, employees, any documents or other either party without written and Client’s consultants with deliverables, including electronic permission of the other party. respect to this Agreement or the media, pertaining to the project This Agreement shall be binding Project. by Client for any purpose other upon and inure to the benefit of than that for which such any permitted assigns. To the fullest extent permitted by documents or deliverables were law, Cedar Corporation’s total originally prepared, or alteration 4.16 DISPUTE RESOLUTION. liability to Client and anyone of such documents or Parties shall attempt to settle claiming by, through, or under deliverables without written disputes arising under this Client for any cost, loss, or verification or adaptation by agreement by discussion between damages caused in part by the Cedar Corporation for the the parties senior representatives negligence of Cedar Corporation specific purpose intended, shall of management. If any dispute and in part by the negligence of be at the Client’s risk. Further, all cannot be resolved in this manner Client or any other negligent title blocks and the engineer’s within a reasonable length of entity or individual, shall not seal, if applicable, shall be time, parties agree to attempt exceed the percentage share that removed if and when Client non- binding mediation or any Cedar Corporation’s negligence provides deliverables in other method of alternative bears to the total negligence of electronic media to another dispute resolution prior to filing Client, Cedar Corporation, and entity. Client agrees that relevant any legal proceedings. In the all other negligent entities and analyses, findings and reports event any actions are brought to provided in electronic media enforce this Agreement, the Standard Short Form Agreement for Professional Services 2023 Agreement – Page 4 of 4 To: Parks and Public Works Committee From: Matt Wolf, City Administrator Date: February 16, 2022 Subject: Farmers Market Special Event Request Discussion The City has been approached by a group looking to start a Farmers Market within the City of Prescott. The current proposal would be to hold the event every other Friday starting on May 19th and go through late October from 4 pm – 8 pm. The group is looking to see if there would be a willingness of the City to use a community park for the event. As part of the event, they would like to make use of picnic tables and a shelter, as a result the options listed below meet that criteria to consider; if there is a willingness to allow the event in a City park. 1. Public Square Park 2. Freedom Park 3. St. Croix Bluffs Park 4. Mercord Mill Park Recommendation Consider the special event request and making a recommendation to Council regarding the event. Attachments Farmers Market Special Event Permit

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