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CR 08-093 Order Feasibility Report - 2009 Street Utility Improvements - City Project 08-10October 7, 2008 H O P K I N S Council Report 2008 -093 Proposed Action Staff recommends adoption of the following motion: Move that Council adopt Resolution 2008 -055, Resolution Ordering the Preparation of a Feasibility Report For 2009 Street and Utility Improvements and authorize Mayor and City Manager to enter into an agreement with Bolton & Menk, Inc. to prepare the report. This action is the first step in the process of improving selected streets in 2009 and assessing abutting properties per City assessment policy. A petition to improve any of the proposed streets has not been submitted to the City. Overview The 2009 - 2013 CIP identified street and utility improvements for the year 2009 in the Parkridge Neighborhood. The streets involved in this project are: 2" Street N from 5th Avenue N to Washington Avenue N; 1 Street N from 5 Avenue N to Washington Avenue N; Oak Glen Drive from 1 Street N to 2 " Street N; Park Lane from Washington Avenue N to 2 " Street N; and Ridgewood Drive from Park Lane to 2 " Street N. An overlay of Blake Road from Excelsior Blvd south to the corporate limits is also included in this project. The first step in proceeding with the 2009 project is ordering a feasibility report. Staff has selected a qualified consultant to undertake topographic survey work, geotechnical evaluation and the preliminary engineering report. The cost of these services is $45,221. Final design and construction observation services will be negotiated separately after the feasibility report phase and the Council's ordering of the improvement project. Primary Issues to Consider • Project background • Selection of consultant /proposed fees • Project schedule Supporting Information • Resolution 2008 -055 • Project location map • Bolton and Menk, Inc. Proposal Order Feasibility Report 2009 Street & Utility Improvements City Project 08 -10 /r/ ,OrR. Bradford, P.E., City Engineer 0 TY OF Financial Impact: $ 45,221 Budgeted: Y/N Y Source: Utility Funds, PIR Funds, Special Assessments Related Documents (CIP, ERP, etc.): 2009 -2013 CIP Notes: Council Report 2008 -093 Page 2 Analysis of Issues • Project background These streets were selected for the 2009 improvements in light of their current pavement condition. The pavement condition indices for the reconstruction areas in the Parkridge Neighborhood are generally in the 30's. This portion of the project will be assessed to adjacent property owners. Blake Road also has a pavement condition index in the 30's. This roadway has a thicker asphalt section and a mill and overlay is the necessary improvement for this street. Total project budget is $1.73 Million • Selection of consultant /proposed fees Staff solicited a proposal from Bolton & Menk, Inc. This consulting firm has provided exemplary service on the 2005 through 2008 Street Improvement Projects and has worked with the City on many other projects. Their familiarity with Hopkins policies, staff and expectations allows them to hit the ground running. Staff believes the value of a quality consultant with considerable Hopkins experience and a proven track record is important to a successful project. Their close interaction with residents on all of these projects has been a key component in our selection of this firm. The proposed fee of $45,221 includes $8,500 for geotechnical investigations, which have been directly contracted with the City on previous projects. The cost compares favorably with comparable projects in other communities and fees charged by other consultants. • Project schedule The Feasibility Report will be presented to Council at their December 16, 2008 meeting. This puts us on a schedule to bid the improvements in mid April which could help secure competitive bids for the project. Construction is anticipated to begin in June and will continue through October. EXHIBIT I TOPOGRAPHIC SURVEY AND FEASIBILITY STUDY 2009 STREET AND UTILITY IMPROVEMENTS CITY OF HOPKINS, MINNESOTA A. BASIC SERVICES In accordance with the City of Hopkins 2009 Capital Improvements Plan, the City has designated the Park Valley neighborhood for rehabilitation in 2009. The following streets are included: 1. 1 Street North, 5 Avenue North to Washington Avenue North. 2. 2 Street North, 5 Avenue North to Park Lane and Ridgewood Drive to Washington Avenue North. 3. Oak Glen Drive, 1 Street North to 2nd Street North. 4. Park Lane, Washington Avenue North to 2 Street North. 5. Ridgewood Drive, Park Lane to 2 Street North. Bolton & Menk, Inc. will complete a topographic survey and feasibility study for proposed improvements within the project area. A description of our proposed services is detailed as follows: Task 1: Topographic Survey and Mapping Bolton & Menk, Inc. will complete a topographic survey of the existing conditions along the above - mentioned streets. The survey will be completed within the right -of -way and will include all visible features such as, but not limited to, pavements, curb lines, manholes, catch basins, valves, sidewalks, turf areas, driveways, power poles, trees, gardens, mailboxes, retaining walls, etc. All underground utility information will be located and described per available as- builts, field markings, and private utility map information. Manhole reports will also be completed for located manholes and catch basins. Right -of -way will be illustrated based on found field monumentation and plat information received from the City. Task 2: Feasibility Study and Report The preparation of the feasibility study will include the assembly of existing information from the City of Hopkins and review meetings with City Staff to discuss the existing street and utility conditions and needs for improvements. This task will also include preliminary engineering and design of the proposed improvements, a review and discussion of the final geotechnical report, one neighborhood meeting, and two City Council meetings. Bolton & Menk, Inc. will collect all available information relating to the project and adjacent areas from the City of Hopkins including street and utility as- builts, pavement maintenance reports, sewer videos and logs, utility maintenance reports, and streetlight City of Hopkins 1 September 22, 2008 wiring diagrams. The review of the existing utilities will be initiated by a meeting with the City of Hopkins Engineering and Public Works Staff. The purpose of this meeting is to receive input from the City's Staff regarding their opinions of any necessary improvements. We will also prepare a neighborhood survey form for distribution by the City and will review the results of the surveys for discussion at the neighborhood meeting and for inclusion in the feasibility report where applicable. A geotechnical report prepared by the City's geotechnical consultant, AET, Inc., will serve as the basis of our pavement evaluation. The evaluations, analyses, and recommendations of this report will be summarized for inclusion into the final feasibility study. AET, Inc. has prepared a separate proposal for the City to consider. Bolton & Menk, Inc. will prepare itemized cost estimates for the proposed improvements throughout the project area and will utilize these estimates along with plat information to prepare a preliminary assessment roll for the project. The results of the feasibility study including descriptions of the existing infrastructure, proposed improvements, estimated costs, preliminary assessment roll, and proposed project schedule will be detailed in a written report and presented at a neighborhood meeting and at a City Council meeting. We will also attend a second City Council meeting for the purpose of holding a Public Hearing. City of Hopkins 2 September 22, 2008 The following is our preliminary schedule Improvements: Council Orders Preparation of Feasibility Report Survey Work Preparation of Feasibility Report B. ADDITIONAL SERVICES 1. All other services not specifically identified in Section A. for the 2009 Street & Utility October 13 October 27 October 7, 2008 — October 24, 2008 — December 5, 2008 December 16, 2008 Present Feasibility Report /Order Public Hearing Conduct Public Hearing / Order Final Plans & Specifications January 20, 2009 Preparation of Final Plans & Specifications January 21 — March 13, 2009 Approve Final Plans & Specifications / Authorize Advertisement for Bids March 17, 2009 Bid Opening Week of April 13, 2009 Council Accepts Bids / Order Assessment Hearing April 21, 2009 Conduct Public Assessment Hearing / Adopt Assessment Roll / Award Bid May 19, 2009 (anticipates no need for 30 -day appeal period) Construction June - October 2009 Consulting services performed other than those authorized under Section I.A. shall be considered not part of the Contract Services and may be authorized by the CLIENT as additional services. Additional Services consist of those services which are not generally considered to be Contract Services; or exceed the requirements of the Contract Services; or are not definable prior to the commencement of the project; or vary depending on the technique, procedures or schedule of the project contractor. Additional services may consist of the following: City of Hopkins 3 September 22, 2008 ! I Rb 9 l Z£ 1 1 Z b ZZ SS £SZ Z£ I (16f Survey Crew (2 -man) I (OURS Survey Crew (I -man) uniaiuy,a 1 1,unS NOSN'_ld Q3.1. • Z c FSTIM. Survey Manager LS Uri,ni4,a_L u mm�iu3 4 ; O £ J 0£ 0'c ..... _ 1 Jaaui (ud Project Manager ( 111 OFIItt)'KINS, MINN! 'ULA 2u0) STRLLT & UTILITY IM II'ROVEMENTS: FEASIBILITY STUDY BOLTON & MENK, INC. (Work Task Description TOPOGRAPHIC SURVEY AND ;NAPPING Set Horizontal and Vertical Control Topographic Survey Manhole Reports Data Processing and Mapping SUBTOTAL HOL RS: TASK 1 FEASIBILITY STUDY AND REPORT Review Geotechnical Report and Final Recommendations Review Existing Infrastructure Data (As- builts, Master Plans. Sewer Videos. etc Prepare Resident Questionnaire and Review Responses PrelunUtary Engineering and Design Prepare Preliminary Cost Estimates Prepare Preliminary Assessment Rolls Prepare Written Fea,ibilm Report 1 Prepare Exhibits for Report and Meeting Presentations Prepare for and Attend Meetings (1 -StafE -( t ( siIt SUBTOTAL HOURS: TASK 2 TO'IAI. IIOURS 0 I -". ri. OZ I Z. Z. LZ b £'z 1 5 1 Lc 1 ri 6Z 1 2009 STREET & UTILITY IMPROVEMENTS: TOPOGRAPHIC SURVEY & FEASIBILITY STUDY CITY OF HOPKINS. MINNESOTA ESTIMATED PERSON-HOURS DETAILED WORK PLAN ITY IMPROVEMENTS: TOPOGRAPHIC SURVEY & FEASIBILITY STUDY CITY ()I I 10PKINS. MINNESOTA PROJECT FEES s 9 . 1 00 966'1$ 100 1 00 010'6$ 100'0$ 1 0 0 Z9r` I $ 1000$ 1 00 8sr'Z$ loo os i 1 00 . 9Z6'r1$ 1001IS $574.00 1 00 906$ 1 00 86t'$ 1 00 O � 1 00Z£L`Z$ 1 00 Z06` l $ 1 00111q$ $4,385.00 1 00 r9Z'£$ . 1 00• S 6L` I ZS 11771. 1000$ loons 1 00 0$ 1000$ 1000$ 100 0$ I on o n's 100 0$ l oo o$ . 1 worts I oo'orrs 1 O h ,A 0 0'0 0 L`I $ 000$ 00'0$ ` f' OIYOOL`is — I 00 0$ 100 0$ 1000$ 000$ 00 0$ 000$ 00 00 0$ 00 0$ loll•os I oo•OOL` I S 1 000$ 100 own 00000` l$ 00 0$ 1(0'000'6 1 00 0$ Ion 0$ - 100°$ 1 000$ 00 100°5 00 OS t 1 J 100 J Survey Technician $85.00 000L IS 00 Or£$ I000LI$ 00 0x0'2$ OO'OZL'ZS I00 0$ 1 0 00$ 100 000$ 0005 00 0$ 0005 000$ 000$ MVOS I 00 . 0ZL`ZS 1 00 . 9Z IS l oo toss 1 00 92I$ 100ZSZS 100 i s l o o os 1 000$ 1 0 0 0$ 1 000$ 1 00 0 $ -1 I00' I 0 0 0$ -- 1 0 00$ 000$ Io0•os - - -- I JC C N Y C 2 , C W Z. 00 0 l oo os 000$ I o n o$ 00 I on o$ 00 000$ 0091 £$ 000$ 00 0$ 00'0$ 00555'£$ 000$ (►(I' 1 LR`£$ 1 00' I L8`£$ I 00' 00 991$ 00 991$ 00991$ 0°'86x$ 00 ZEES 00 t-99$ 00 86r$ $3.320 00 00 06V ZS 6A 00 06t'Z$ 000£8$ 00 82 £' I S 00' 100 1 00 0$ 00'0$ I 000$ 1 000$ Imo• °$ $242 001 $242 00 I on o$ $484.001 $242.001 $242.00 00 r8r$ I oo °$ 009£6'I$ 00•ZL8`£S 00'ZL8`£S 1 ( 1 I I \ I t l I 1 U1 11°1'1v1 \, AIIA 1 R 1 n 1 Ili I I I I..IPRUVEh11iNTS: FEASIBILITY STUD) ( i i \SULTA\ I Ii 11 ION 8: MFNK_ INC At ERAGER4TE: I OPOGR.tPIlI(' St R% EY AND ,NI.•I'PI\G burn) Imnia \ pup Ie7uozu0l1 ]aS T opographic Survey Manhole Reports Data Processing and Mapping SUBTOTAL FEES: TASK 1 FEASIBILITY STl' Di' AND REPORT Review Geotechnical Report and Final Recommendations 1 ( 'Prepare Resident Questionnaire and Review Responses Review Existing Infrastructure Data (As- builts. Master Plans, Sewer Videos, etc.) ( Preliminary Engineering and Design Prepare Preliminary Cost Estimates I Prepa r c Preliminary Assessment Rolls Prepare Written Feasibility Report Prepare Exhibits for Report and Meeting Presentations Prepare for and Attend Meetings 11 -Staff; I- Neighborhood; 2 - City Council ) SI 13 IOTAL FEES: TASK 2 TOTAL FEES o�t �I S \' . I . 1 Z l M b. I 1 °Z 1 1.7 Z•Z £•Z bZ 1 92 1 sZ 1 LZ 9Z I 6Z ITY IMPROVEMENTS: TOPOGRAPHIC SURVEY & FEASIBILITY STUDY CITY ()I I 10PKINS. MINNESOTA PROJECT FEES WHEREAS, the following streets are in need of reconstruction: 1 Street N; 2nd Street N; Park Lane, Oak Glen Drive; and Ridgewood Drive; and WHERAS, the following streets are in need of mill and overlay rehabilitation: Blake Road between Excelsior Boulevard and the southern corporate limits; and WHEREAS, City staff is requesting that these streets be upgraded under the City's assessment policy even though no petition for the upgrade has been submitted; and report. ATTEST: CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2008 -055 RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR YEAR 2009 STREET IMPROVEMENTS WHEREAS, the first step in the assessment procedure is the ordering of a feasibility NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins, Minnesota, that the proposed improvements be referred to the firm Bolton and Menk, Inc. for study and that they be instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the City Council of the City of Hopkins, Minnesota, this 7th day of October, 2008. Terry Obermaier, City Clerk Eugene J. Maxwell, Mayor AGREEMENT FOR PROFESSIONAL SERVICES TOPOGRAPHIC SURVEY AND FEASIBILITY STUDY 2009 STREET AND UTILITY IMPROVEMENTS CITY OF HOPKINS, MQNNESOTA This Agreement, made this 22 day of September, 2008, by and between CITY OF HOPKINS, 1010 1'` Street South, Hopkins, MN 55343, hereinafter referred to as CLIENT, and BOLTON & MENK, INC., 12224 Nicollet Avenue, Burnsville, MN 55337, hereinafter referred to as CONSULTANT. WITNESS, whereas the CLIENT requires professional services in conjunction with 2009 STREET AND UTILITY IMPROVEMENTS — TOPOGRAPHIC SURVEY AND FEASIBILITY STUDY and whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed project as described in Exhibit I. B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described in Exhibit I or as described in Paragraph IV.B. SECTION II - THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 1 of 9 F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for completion of the consultant services described in this agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 2 of 9 A. FEES. SECTION III - COMPENSATION FOR SERVICES 1. The CLIENT will compensate the CONSULTANT in accordance with the following schedule of fees for the time spent in performance of Agreement services. Schedule of Fees Classification Hourly Rates Principal Engineer /Surveyor $120- 180/Hour Associate Engineer /Surveyor $95- 140/Hour Project/Design Engineer $55- 130/Hour Licensed Surveyor $70- 130/Hour Project Surveyor $50- 90/Hour Senior Technician $55- 120/Hour Technician $40- 90/Hour Clerical $30- 85/Hour GPS/Robotic Survey Equipment $45- 60/Hour 2. Total cost for the services itemized under Section I.A (Basic Fee) shall not exceed $36,721. Itemization of this cost is as shown in the attached DETAILED WORK PLAN and PROJECT FEES tables. 3. In addition to the foregoing, CONSULTANT shall be reimbursed at cost plus an overhead fee (not -to- exceed 10 %) for the following Direct Expenses when incurred in the performance of the work. a. CLIENT approved outside (facilities not owned by CONSULTANT) computer services. b. CLIENT approved outside professional and technical services. c. Outside reproduction and reprographic charges. d. Expendable field supplies and special field equipment rental. e. Other costs for such additional items and services that the CLIENT may require the CONSULTANT to provide to fulfill the terms of this Agreement. 4. Additional services as outlined in Section I.B will vary depending upon project conditions and will be billed on an hourly basis at the rate described in Section III.A.1. B. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 3 of 9 A. STANDARD OF CARE C. LIMITATION OF LIABILITY Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar conditions. No warranty, express or implied, is made. B. CHANGE IN PROJECT SCOPE SECTION IV - GENERAL In the event the CLIENT changes or is required to change the scope of the project from that described in Section I and/or the applicable addendum, and such changes require Additional Services by the CONSULTANT, the CONSULTANT shall be entitled to additional compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such additional services. The CLIENT may request an estimate of additional cost from the CONSULTANT, and upon receipt of the request, the CONSULTANT shall furnish such, prior to authorization of the changed scope of work. CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents and employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligent act or omission by CONSULTANT'S employees, agents, or subconsultants. In no event shall CLIENT be liable to CONSULTANT for consequential, incidental, indirect, special, or punitive damages. CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligent act or omission by CLIENT'S employees, agents, or consultants. In no event shall CONSULTANT be liable to CLIENT for consequential, incidental, indirect, special, or punitive damages. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S benefit, and no other entity shall have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services provided hereunder. The CLIENT agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of the paragraph. D. INSURANCE The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage. The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, general liability insurance coverage insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT'S general business activities (including automobile use). Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 4 of 9 The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $1,000,000. During the period of design and construction of the project, the CONSULTANT also agrees to maintain, at CONSULTANT'S expense, Professional Liability Insurance coverage insuring CONSULTANT against damages for legal liability arising from an error, omission or negligent act in the performance of professional services required by this agreement, providing that such coverage is reasonably available at commercially affordable premiums. For purposes of this agreement, "reasonably available" and "commercially affordable" shall mean that more than half of the design professionals practicing in this state in CONSULTANT'S discipline are able to obtain coverage. The professional liability insurance policy shall provide coverage for each occurrence in the amount of $1,000,000 and annual aggregate of $1,000,000 on a claims -made basis. Upon request of CLIENT, CONSULTANT shall provide CLIENT with certificates of insurance, showing evidence of required coverages. E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of construction cost will generally be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project financing should be based upon contracted construction costs with appropriate contingencies. F. CONSTRUCTION SERVICES It is agreed that the CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, schedules or procedures of construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. G. USE OF ELECTRONIC/DIGITAL DATA Because of the potential instability of electronic /digital data and susceptibility to unauthorized changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by CONSULTANT. Except for electronic /digital data which is specifically identified as a project deliverable by this AGREEMENT or except as otherwise explicitly provided in this AGREEMENT, all electronic /digital data developed by the CONSULTANT as part of the PROJECT is acknowledged to be an internal working document for the CONSULTANT'S purposes solely and any such information provided to the CLIENT shall be on an "AS IS" basis strictly for the convenience of the CLIENT without any warranties of any kind. As such, the CLIENT is advised and acknowledges that use of such information may require substantial modification and independent verification by the CLIENT (or its designees). Provision of electronic /digital data, whether required by this Agreement or provided as a convenience to the Client, does not include any license of software or other systems necessary to read, use or reproduce the information. It is the Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 5 of 9 responsibility of the CLIENT to verify compatibility with its system and long -term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from third party use or any adaptation or distribution of electronic /digital data provided under this AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by this AGREEMENT. H. REUSE OF DOCUMENTS Drawings and Specifications and all other documents (including electronic versions of any documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are instruments of service in respect of the Project and CONSULTANT shall retain exclusive ownership and property interest therein whether or not the Project is completed. The CONSULTANT shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights including the copyright. CLIENT may make and retain copies for information and reference in connection with the use and occupancy of the Project by CLIENT and others; however, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse by CLIENT or any other entity without written verification or adaptation by CONSULTANT for the specific purpose intended will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT and CLIENT shall indemnify, defend and hold harmless CONSULTANT from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by CLIENT and CONSULTANT. I. PERIOD OF AGREEMENT This Agreement will remain in effect for the longer of a period of two years or such other explicitly identified completion period, after which time the Agreement may be extended upon mutual agreement of both parties. J. PAYMENTS If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days after date of the CONSULTANTS invoice, a service charge of one and one -half percent (1.5 %) per month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance. In addition after giving seven days' written notice to CLIENT, CONSULTANT may, without waiving any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT, suspend services and withhold project deliverables due under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. K. TERMINATION This Agreement may be terminated by either party for any reason or for convenience by either party upon seven (7) days written notice. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 6 of 9 In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination, computed in accordance with Section III of this Agreement. L. CONTINGENT FEE The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this Agreement. M. NON - DISCRIMINATION The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants and vendors are treated without regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, public assistance status or any other characteristic protected by federal, state or local law. N. CONTROLLING LAW This Agreement is to be governed by the law of the State of Minnesota. O. DISPUTE RESOLUTION CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall first be submitted to mediation utilizing the Minnesota District Court Rule 114 Roster. Disputes not resolved by mediation shall then be submitted to arbitration in accordance with provisions of the Construction Industry Arbitration Rules of the American Arbitration Association. CONSULTANT and the CLIENT agree to require an equivalent dispute resolution process governing all contractors, sub - contractors, suppliers, consultants, and fabricators concerned with this project. P. SURVIVAL All obligations, representations and provisions made in or given in Section IV of this Agreement will survive the completion of all services of the CONSULTANT under this Agreement or the termination of this Agreement for any reason. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 7 of 9 Q. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 8 of 9 SECTION V - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: City of Hopkins, Minnesota CONSULTANT: Bolton & Menk, Inc. Date Date Mark D. Kasma, BMI Office Manager Marcus A. Thomas, Associate Engineer Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 9 of 9