9 PRSR Directors Report Handout from meetingBECK 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.
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
Timothy Wold
SRF Consulting Group, Inc.
May 6, 2022
Page 3
engaged from the beginning to the end of the project ..." The Orono Park/YAC project has not
been completed, yet Mr. Hecker advises that you are no longer performing all of the services SRF
contracted in the Agreement to provide, stating that SRF has exceeded its budget for this project
and "does not work for free."
SRF is obligated to perform the services it contracted to provide, whether or not it
underestimated the cost to it to provide these services. Section 19 of the Agreement provides that
SRF is responsible for "all losses by reason of the failure of said Consultant fully to perform, in
any respect, all obligations" under the Agreement. Once again, we must demand that SRF perform
as required by the Agreement, and advise you that if SRF refuses to do so the City will proceed to
make other arrangements including, potentially, engaging another consultant to complete the
project. If that becomes necessary, the City will pursue SRF for all damages caused by SRF's
breach of the Agreement.
Finally, as you consider the efficacy and financial impact of not honoring your contractual
obligations with the City, please immediately provide us with a copy of your Professional Liability
Insurance policy and the Comprehensive General/Commercial Liability Coverage, including the
Contractual Liability coverage, for which the City is an additional insured.
Very truly yours,
PETER K. BECK ATTORNEY AT LAW PLLC
L-5
Peter K. Beck
cc: John Dietz, Mayor
Cal Portner, City Administrator
Michael Hecker, Director of Parks and Recreation