Loading...
IV.7. Resolution Ordering Improvement to Central Park and Companion Resolution stating the City’s intent to reimburse itself using bonds; Imihy CITY OF HOPKINS City Council Report 2025-128 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Laila Imihy, AICP – Special Projects and Initiatives Manager Date: August 4, 2025 Subject: Order Improvement to Central Park _____________________________________________________________________ RECOMMENDED ACTION MOTION TO adopt Resolution 2025-049, Resolution Ordering Improvement to Central Park and companion Resolution 2025-047, stating the City’s intent to reimburse itself using bonds OVERVIEW Scope of Improvements At the July 15, 2025 City Council Meeting, City staff alongside the Nine Mile Creek Watershed District (NMCWD) presented a final design for the renovation of Central Park which improves field quality and lighting, replaces existing playground equipment which is well past end of life, and makes significant stormwater and water quality improvements which will reduce flooding in and around the park and within the watershed. The project has an anticipated final cost of approximately $13.9 million dollars which includes all elements listed above as well as a conservative construction contingency. $6 million dollars of the project will be funded through a $5 million dollar grant from the Minnesota Pollution Control Agency and another $1 million from the NMCWD. These grant contributions pay for the vast majority of necessary and unavoidable stormwater and water quality issues within and created by the park due it its former use as a landfill. Public Input Thousands are residents participated in both the Master Park System planning process and the Central Park Master Plan process to help identify what the City should focus on in a potential renovation project. Residents, community groups and leagues all agreed that improvements were needed to make field conditions more playable, to provide higher quality amenities and replace end-of-life amenities and to create more sustainability and Administration natural elements within the park. The project is also supported by the City’s Park Board. A full review of public feedback can be seen at the July 15, 2025, Council meeting. Budget and Costs The estimate for this project which includes contingency, and costs for legal, administrative, and engineering costs for all the work, including 1 0% contingency, totals $13,877,633. These costs are assuming a 2026 work start date. Starting at a later date will result in higher prices and the loss of funding from the MPCA. A full breakdown of funding sources was provided by Finance Director Nick Bishop at the start of the August 4, 2025, meeting. The total cost to order plans and specs to go out to bid for the project is $1.4 million. $130,000 of those costs will be covered by the MPCA grant, as well as some portion of the $1 million dollars from the NMCWD. Project Schedule The following is a timeline for the project which aligns with the statutory deadline set forth within the MPCA grant. Ording the Public Improvement does not commit the project to construction; however, it does fund the cost of Plans and Spec for this project, which total approximately $1.4 million. Future Council action items will be required to continue the project timeline. The timeline is as follows: a) Final Design – August 2025 to February 2026 b) Present Final Plans to City Council, Authorize Bidding: February 17, 2026 c) Open Bids – March 12, 2026 d) Council considers award of contract – March 17, 2026 e) Construction ➢ April 2026 to November 2026: Site grading, utilities, any required foundations, site surfacing/paving, stormwater management features, bulk of MPCA resilience grant funded items ➢ November 2026 to June 2027: Installation of site furnishings and vertical elements – lighting, playground equipment, irrigation installation, planting and final turf establishment materials installed ➢ Summer / Fall 2027: Establish turf Staff Recommendation Staff recommends ordering the above detailed improvements, assuming construction to begin in 2026 with adoption of Resolutions 2025-047 and 2025-049. SUPPORTING INFORMATION • Final Design Services Proposal • Resolution 2025-047 • Resolution 2025-049 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2025-049 RESOLUTION ORDERING PUBLIC IMPROVEMENT FOR CENTRAL PARK WHEREAS, at the City Council on July 15, 2025 voted to move forward improvements to Central Park, including stormwater and water quality improvements, softball and soccer field improvements, playground improvements and related park improvements; and WHEREAS, At the City Council deems it appropriate and expedient to make such improvements, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins, Minnesota: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the plan and engineers’ estimate and the recommendations are hereby accepted. 2. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 4th day of August, 2025. The total estimated project cost is $13,900,000 with $6,000,000 to be funded through grants and partnerships. 3. Bolton & Menk, Inc. is hereby designated as the engineer for this improvement and shall prepare plans and specifications for the making of such improvement. The Mayor and City Manager are hereby authorized to enter into a contract for engineering and construction services for this improvement. Adopted by the City Council of the City of Hopkins, Minnesota, this 4th day of August, 2025. _________________________ Patrick Hanlon, Mayor __________________________ Amy Domeier, City Clerk CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2025-047 DECLARING THE OFFICIAL INTENT OF THE CITY OF HOPKINS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF IMPROVEMENT BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “Reimbursement Regulations”) providing that proceeds of tax-exempt obligations used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and, WHEREAS, City of Hopkins (the “City”) expects to incur certain expenditures that may be financed temporarily from sources other than tax -exempt obligations, and reimbursed from the proceeds of a tax-exempt obligation; and WHEREAS, the City has determined to make this declaration of official intent (“Declaration”) to reimburse certain costs from proceeds of tax-exempt obligations in accordance with the Reimbursement Regulations, NOW THEREFORE LET THE FOLLOWING BE RESOLVED, that the City Council of the City of Hopkins: 1. The City proposes to undertake the improvements to Central Park (the “Project”). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of tax-exempt obligations in an estimated maximum principal amount of $1,336,407. All reimbursed expenditures will be capital expenditures, costs of issuance of the tax-exempt obligations, or other expenditures eligible for reimbursement under Section 1.150 -2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of tax-exempt obligations, except for the following expenditures: (a) costs of issuance of tax-exempt obligations; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in excess of twenty percent (20%) of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, tax - exempt obligation issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the tax-exempt obligations described in paragraph 2 are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of tax - exempt obligations to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Adopted by the City Council of the City of Hopkins this 4th day of August, 2025. By:___________________________ Patrick Hanlon, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk N:\Proposals\Hopkins\Central Park Master Plan & Pavilion Expansion Feasibility Study 080224\Final Design\07_29_25_Imihy.docx July 29, 2025 Laila Imihy, Special Projects & Initiatives Manager City of Hopkins 1010 1st St S Hopkins, MN 55343 Re: Proposal for Professional Services 2026 Central Park Improvements City of Hopkins, Minnesota Dear Laila: It has been a pleasure working with the City of Hopkins’ over the past year towards its goals of reimagining and reinvesting in Central Park. We are also thankful for the opportunity to support the City in its successful pursuit of $5M of grant funding from the MPCA and are pleased to offer our proposal for professional services for the realization of the improvements envisioned. In continued partnership with Barr Engineering and Braun Intertec, we have crafted a final design proposal scope of services to formulate plans, specifications, and bidding documents to ready the project its construction phase. Across and inclusive of all three consultants’ efforts, our proposed fee for final design phase through bidding phase comprises 7,200 planned hours of staff labor, specialized testing and technical services, for an hourly based fee total of $1,336,407. This proposal has been prepared in the form of our standard agreement consistent with past projects with the City of Hopkins. In addition to the enclosed standard agreement, Exhibit I details the scope of work to be performed. If you have any questions regarding this proposal or would like to discuss any of its details, please do not hesitate to contact me. We truly appreciate and value our continued working relationship with the City of Hopkins. Sincerely, Bolton & Menk, Inc. Michael J. Waltman, P.E. Principal Engineer City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 1 of 9 AGREEMENT FOR PROFESSIONAL SERVICES 2026 CENTRAL PARK IMPROVEMENTS FINAL DESIGN PHASE CITY OF HOPKINS, MINNESOTA This Agreement, made this 4th day of August 2025, by and between CITY OF HOPKINS, 1010 1st St S, 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 the 2026 CENTRAL PARK IMPROVEMENTS 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 information related to the project 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. This obligation shall not include information that is classified as private or confidential under the Minnesota Government Data Practices Act (MGDPA), unless access to such information is essential to the CONSULTANT’s scope of services, in which case the CLIENT shall establish in writing, and CONSULTANT shall comply with, any conditions governing access to and use of such private or confidential information. 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. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 2 of 9 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. 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. H. The CLIENT will hire, when requested by the CONSULTANT, an independent test company to perform laboratory and material testing services, and soil investigation that can be justified for the proper design and construction of the project. The CONSULTANT shall assist the CLIENT in selecting a testing company. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 3 of 9 SECTION III - COMPENSATION FOR SERVICES A. FEES. 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 Sr. Project Manager – Sr. Principal Engineer/Surveyor $155-280/Hour Sr. Project Manager – Principal Engineer/Surveyor $150-230/Hour Project Manager $155-215/Hour Project/Design Engineer /Planner/Surveyor/Landscape Architect $120-190/Hour Specialist (Nat. Resources; GIS; Traffic; Other) $100-220/Hour Senior Technician (Inc. Survey1) $145-185/Hour Technician (Inc. Survey1) $125-165/Hour Administrative/Corporate Specialists $100-150/Hour Structural/Electrical/Mechanical/Architect $150-$225/Hour GPS/Robotic Survey Equipment No Charge CAD/Computer Usage No Charge Routine Photo Copying/Reproduction No Charge Routine Office Supplies No Charge Field Supplies/Survey Stakes & Equipment No Charge Mileage No Charge 1No separate charges will be made for GPS or robotic total stations on Bolton & Menk, Inc. survey assignments; the cost of this equipment is included in the rates for Survey Technicians. 2. Total cost for the services itemized under Exhibit I, (Basic Services) is estimated to be $1,336,407. Itemization of this cost is as shown in the attached DETAILED WORK PLAN and PROJECT FEES tables, attached hereto as Exhibit II. 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. 5. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates. Itemized invoices identifying all work completed shall be submitted to the CLIENT by CONSULTANT and paid in the same manner as other claims made to the CLIENT. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 4 of 9 SECTION IV - GENERAL A. STANDARD OF CARE 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 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 and the CLIENT must approve an Additional Services in writing. 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. C. INDEPENDENT CONTRACTOR The CONSULTANT shall at times be deemed an independent contractor. The CONSULTANT is not to be deemed an employee or agent of the CLIENT and has no authority to make any binding commitments or obligations on behalf of the CLIENT except to the extent expressly provided herein. All services provided by the CONSUTANT pursuant to this agreement shall be provide on an independent contractor basis not as an employee of the CLIENT for any purpose including, but not limited to, income tax withholding, workers’ compensation, unemployment compensation, FICA taxes, liability for torts, and eligibility for employee benefits. D. LIMITATION OF LIABILITY 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 and subconsultants 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 be construed as a limitation on or waiver of any immunities or limitations on liability otherwise available to the CLIENT. 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 City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 5 of 9 contracts with contractors and other entities involved in this project to carry out the intent of the paragraph. E. INSURANCE 1. The CONSULTANT agrees to maintain, at CONSULTANT’S expense a commercial general liability and excess umbrella general liability insurance policy or policies insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT’S general business activities. The general liability coverage shall provide limits of not less than $2,000,000 per occurrence and not less than $2,000,000 general aggregate. Coverage shall include Premises and Operations Bodily Injury and Property Damage; Personal and Advertising Injury; Blanket Contractual Liability; Products and Completed Operations Liability. 2. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, a single limit or combined limit automobile liability insurance and excess umbrella liability policy or policies insuring owned, non-owned and hired vehicles used by CONSULTANT under this Agreement. The automobile liability coverages shall provide limits of not less than $1,000,000 per accident for property damage, $2,000,000 for bodily injuries, death and damages to any one person and $2,000,000 for total bodily injury, death and damage claims arising from one accident. 3. CLIENT shall be named Additional Insured for the above liability policies. 4. The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage together with Coverage B, Employer’s Liability limits of not less than $500,000 for Bodily Injury by Disease per employee, $500,000.00 for Bodily Injury by Disease aggregate and $500,000 for Bodily Injury by Accident. 5. 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. The professional liability insurance coverage shall provide limits of not less than $2,000,000 per claim and an annual aggregate of not less than $2,000,000 on a claims-made basis. 6. Prior to commencement of this Agreement, the CONSULTANT will provide the CLIENT with certificates of insurance, showing evidence of required coverages. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement for any reason except non-payment of premium, until at least 30 days’ prior written notice has been given to the CLIENT, and at least 10 days’ prior written notice in the case of non-payment of premium. F. 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 City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 6 of 9 costs for project financing should be based upon contracted construction costs with appropriate contingencies. G. 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. H. 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 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. I. DATA PRACTICES All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the CONSULTANT’S performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The Consultant agrees to abide by these statutes, rules and regulations and as they may be amended. In the event the CONSULTANT receives a request to release data, it shall notify CLIENT as soon as practical. The CLIENT will give instructions concerning release of data to requesting party and CONSULTANT will be reimbursed as Additional Services by CLIENT for its reasonable expenses in complying with the request. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 7 of 9 J. 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. K PAYMENTS If CLIENT fails to make any payment due CONSULTANT for services and expenses within 60 days after date of the CONSULTANT'S itemized 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. L. TERMINATION This Agreement may be terminated by the CLIENT for any reason or for convenience by the CLIENT upon seven (7) days written notice. The CONSULTANT may only terminate for non- payment by CLIENT upon CLIENT’s failure to cure upon 30 days written notice. M. 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. N. 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. O. CONTROLLING LAW This Agreement is to be governed by the law of the State of Minnesota. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 8 of 9 P. 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. Q. 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. R. 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. S. AUDIT DISCLOSURE The CONSULTANT must allow the CLIENT, or its duly authorized agents, and the state auditor or legislative auditor reasonable access to the CONSULTANT’s books, records, documents, and accounting procedures and practices that are pertinent to all services provided under this Agreement for a minimum of six years from the termination of this Agreement. [remainder of the page intentionally blank] City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 9 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. Mike Waltman, P.E., Burnsville Work Group Leader 7/29/2025 Date Date EXHIBIT 1 SCOPE OF SERVICES PROFESSIONAL SERVICES FOR CENTRAL PARK FINAL DESIGN The CITY plans to construct new park facilities at Central Park including new parking lot areas, ballfields, soccer field, sidewalks, playground, shelters, restroom, area and sports field lighting, utilities, and landscaping. The planned park improvements are to be incorporated into stormwater management facilities and green infrastructure to help mitigate area flooding and management of stormwater. Existing soils are contaminated and will require environmental mitigation design and management as part of this agreement. Figure 1 shows the conceptual master plan for the new facilities and stormwater management. This master plan will be used as the basis of design for scoping purposes. The Scope of Services to be performed by the CONSULTANT under this agreement shall encompass and include detailed work, services, materials, testing, equipment, and supplies for the layout and design of the new Central Park facilities, including Project/Contract Management, Project Coordination, Supplemental Survey, Design Phase Services, and Bidding Phase Services. 1. PROJECT MANAGEMENT A. Monitoring Project Schedule The CONSULTANT shall prepare and submit monthly project status reports that include schedule updates (1-page) via email, outlining the following activities during the reporting period: activities completed during the prior month, activities planned for the following month, problems encountered and recommended solutions, and overall project status. If design work is not progressing in a manner to comply with the anticipated completion date, the CONSULTANT shall provide a summary of the actions to be taken to reduce or eliminate any delays in completing the design in accordance with the agreed upon schedule. The monthly update shall include a list of requested information from the CITY with a desired response date noted to avoid delay of the CONSULTANT’s services. B. Monitoring Project Scope The CONSULTANT shall identify, schedule, and assign all project tasks, being cognizant of each task’s relation to one another, and coordinate them with all entities associated with the project. The CONSULTANT shall inform the CITY of any additional services requested by the CITY that were not included in the scope of services contract approved by the CITY for this project. It shall be the responsibility of the CONSULTANT to inform the CITY of any potential amendments to the contract before the services are rendered. This notice shall occur prior to any extra services being performed. Only those services included in the Agreement or added by written amendment, executed by both parties, are eligible for compensation. C. Quality Assurance/Quality Control Plan The CONSULTANT shall develop a Quality Assurance/Quality Control Plan, and designate staff responsibility for implementation of the Plan, and perform ongoing review of the design plan preparation process for completeness and quality to minimize design errors/omissions and construction conflicts. D. Invoice Processing and Review The CONSULTANT shall create, review and process invoices, not more than monthly, verifying they meet CITY payment requirements and verifying all necessary information required for payment is included. The CONSULTANT shall coordinate with CITY staff, as necessary, and answer any questions regarding invoices and verify the percentage of work complete on the project is consistent with the percentage of work invoiced. Services provided as part of this task shall include all other general project Professional Services Agreement Page 2 Hopkins Central Park Final Design administration necessary to complete the project. E. PROJECT COORDINATION The CONSULTANT shall meet with the CITY or its designated representative to review progress and discuss specific elements of the project design. The meetings shall also serve to establish schedules, develop project goals, establish design parameters, promote a dialog between the various entities, improve the decision-making process, and expedite design development. The CONSULTANT shall document and distribute minutes for all meetings. The following meetings are included with the scope of work: 1. Project Kickoff 2. Preliminary Design Update Meeting 3. Public Information Meeting 4. 60% Design Progress and Review of Estimated Costs 5. 90% Design Progress and Review of Estimated Costs B. Utility Coordination The CONSULTANT shall contact Two (2) meetings with private utilities known to be in the project area. Meetings to be held to inform private utility companies of the project impacts and determine if their utilities may be impacted by the project. It is assumed one (1) meeting to be held at Preliminary design phase and one (1) meeting held between 60-90% Construction Document completion. 2. SURVEY, DATA COLLECTION AND SUB-SURFACE UTILITIES A. Supplemental Topographic Survey The CONSULTANT shall perform the following supplemental topographic surveys: 1. Topographic survey to verify upstream and downstream necessary storm sewer invert elevations, as determined necessary for storm sewer modeling efforts by Barr Engineering, and supplemental topographic survey as necessary for expanded project limits since time of the original data collection, including the intersection of 13th Ave S / 1st St S for sewer/water service installation, as well as other areas identified during final design. 3. DESIGN PHASE SERVICES A. SCHEMATIC DESIGN LAYOUT The CONSULTANT shall build from the Master Plan basis of design (Figure 1) and prepare design criteria to be used in developing final design plans and specifications. All criteria shall conform to construction codes adopted by the CITY, MNDOT, Illuminating Engineering Society recommendations for sports lighting, and current playground safety zone requirements. Design criteria shall address the following: 1. Existing structures conditions and connection points to new park features, including existing utilities and utility deficiencies. 2. Design recommendations for structures, pavements, footings, and slab features including reinforcement and subbase requirements. 3. Utility requirements for water and sanitary service. 4. Clearance and safety zone requirements between park amenities 5. Regulatory permit needs including National Pollutant Discharge Elimination System (NPDES), City construction permits, etc. The CONSULTANT shall develop preliminary plans for the new park facilities based on the Master Professional Services Agreement Page 3 Hopkins Central Park Final Design Plan (Figure 1) and Basis of Design Review Standards identified. Preliminary plans shall be completed to provide the CITY with the details necessary to evaluate and budget for the project improvements. The CONSULTANT shall include the following documents to be provided for Preliminary Design Review: 1. Architectural Character Development through imagery of custom designed restroom shelters and standard manufacturer options to be used to establish an architectural design guide for the proposed structures. Structures to include · Restroom shelter using custom design details · Playground shelter using customized manufacturer design · Pickleball Shelter using customized manufacturer design 2. Existing shelter proposed improvement recommendations to be provided by the design team to address structural and/or aesthetic improvements. Full replacement of shelter is not considered as part of this scope, and shall be discussed if deemed structurally unsuitable to remain. 3. Preliminary Plan Design b) Site Layout Plan · Site layout which shows the type, size, and location of new park amenities including dimensions and clearances between new facilities and existing park features. · Trail and sidewalk layout · Gathering node area extents and connection points · Surface slope requirements for trails, plazas, playground, and sports fields. · Sports fields size/layout extents · Maintenance and EMS vehicle routes · Parking lot layout 4. Playground Design Character · Development of up to three (3) design alternatives for play equipment themes to be presented to the City for establishment of play equipment design guideline · Options for up to three (3) play features to be identified for final selection by public preference survey at the 60% Public Informational Meeting. · All play equipment shall be specified through a playground manufacturer. 5. Preliminary Plan Design Review Meeting A meeting shall be held with the CITY to discuss site plan layout, Playground, and structures. Revisions and design direction provided by the CITY shall be noted to advance the design. 6. Deliverables a) Preliminary Plan layout, PDF b) Preliminary Design Exhibits , PDF file B. 60% CONSTRUCTION DOCUMENTS 1. Final Design Plan Production (60%) Upon completion of the Preliminary design reviews and after authorization from the CITY, the CONSULTANT shall continue development of design plans which provide the CITY with additional details necessary to evaluate budget and impacts for the project. Upon completion, final design plan sets shall be approximately 60% complete. The CONSULTANT shall incorporate the green infrastructure design and stormwater management design into the park layout plan to create a complete construction document package The CONSULTANT shall include the following sheets in the 60% design plans: Professional Services Agreement Page 4 Hopkins Central Park Final Design a) Cover Sheet b) Existing Conditions · Draft Removals limits · Construction access location & staging options c) Estimated Quantities d) Construction Details · Typical Details to be utilized · Manufacturer standard details · Draft details of signage & wayfinding e) Sanitary & Domestic Water Plan f) Layout Plan · Size and location of new park amenities including dimensions and clearances between new facilities and existing park features. · Parking and sidewalk/trail layout · Sports facilities sizes and amenities · Draft playground layout and features g) Landscape Plan · Tree species and locations · Shrub massing locations · Grass seed mixes and extents h) Irrigation Plan · Irrigation zone layout and connection feed point/backflow · Controller product and system management concept i) Architecture Sheets · Restroom Shelter building floorplan · Restroom Shelter building elevation · Pickleball Shelter elevation and materials provided by manufacturer · Playground Shelter elevation and materials provided by manufacturer j) Structural Sheets · Restroom shelter footing plan · Pickleball and Playground Shelter footing concept k) Plans and details associated with Grading, SWPPP, Storm Sewer, Green Infrastructure, Soil Mitigation, Site Electrical, and Building MEP to be provided through subconsultant and will be incorporated into the 60% Design review Package 4. Public Informational Meeting The CONSULTANT shall attend and assist in the preparation of one (1) public information meeting. The meeting is anticipated to be scheduled at the completion of preliminary design (60%). The purpose of the meeting shall be to provide an overview of the proposed improvements and potential impacts to park programming and use. The CONSULTANT shall compile any information from meeting attendees and stakeholders regarding project concerns, specific issues, and priorities. The CONSULTANT shall provide the following services: a) Preparation of one (1) proposed park plan graphic with labels b) Park structure amenity images c) Playground concept with select elements for public voting d) Attendance at, and participation in, one (1) public meeting. e) Meeting minutes and summary of findings. Professional Services Agreement Page 5 Hopkins Central Park Final Design 5. Opinion of Probable Construction Cost The CONSULTANT shall prepare an opinion of probable construction cost. The cost estimate shall be based on preliminary bid items and contingency costs for project elements which are not clearly defined at the 60% design level. 6. 60% Design Review Meeting A meeting shall be held with the CITY to discuss key issues, design layouts, contractor access points, and staging areas. Revisions shall be noted for preparation of final design plans. 7. Deliverables a) Electronic set of Preliminary (60%), PDF b) Opinion of Probable Construction Cost,.xlsx C. 90% CONSTRUCTION DOCUMENTS Upon completion of the 60% design review and resolution of CITY comments, the CONSULTANT shall continue development of check plans and cost estimates. Upon completion, the check plans shall be approximately 90% complete. It is assumed that no geometric revisions to the project components shall occur after 60% Design Phase in order to ensure efficiency at the start of the development of the check plans. Requested geometric revisions shall be reviewed and negotiated with CLIENT if additional services are required to accommodate revisions. 1. 90% Complete Check Plan Preparation Check Plans shall be completed in preparation for public letting. Plans shall be biddable with only minor changes expected after the 90% check plan submittal. The CONSULTANT shall include the following design items/sheets in the check plan submittal: a) Cover Sheet b) Estimated Quantities, Tabulations, and Notes c) Demolition Plan d) Site Security, Fencing, Erosion Control, and Restoration e) Site Construction Details, Standard and Specialty Details f) Sanitary and Domestic Water Plan g) Site Layout Plan h) Geometrics and Jointing Plan i) Painting/Striping Plan j) Landscape Plan & Planting Details k) Irrigation Plan & Details l) Architecture Plans & Details m) Structural Plans & Details n) Plans and details associated with Stormwater, Green Infrastructure, Soil Mitigation, Site Electrical, and Building MEP to be provided through subconsultant and will be incorporated into the 90% Design review Package 2. Draft Project Manual The CONSULTANT shall submit draft project manual and technical specifications. 3. Opinion of Probable Construction Cost The CONSULTANT shall prepare an opinion of probable construction cost which includes all bid items with no contingency for unknown project elements. Bid item add alternates are not included within the current scope of work. If alternates are requested from the CLIENT to be incorporated, the CONSULTANT shall review level of effort Professional Services Agreement Page 6 Hopkins Central Park Final Design required to incorporate and negotiate supplemental services as required to complete. 4. 90% Design Review Meeting A meeting shall be held with the CITY to discuss final design issues, submittals, and bidding and construction schedules. The review shall identify final bidding details and quantities. Revisions shall be noted for preparation of the final design. 5. Deliverables a) Electronic set of 90% plans, PDF b) Opinion of Probable Construction Costs,.xlsx c) Draft Project Manual with Technical Specifications, docx D. 100% BID DOCUMENTS After CITY’s review of the 90% Design Plans and upon authorization from the CITY, the CONSULTANT shall proceed with the development and signing of Final Plans. Upon completion, design plans shall be 100% complete, signed and ready for public bidding. 1. Incorporate Comments from Check Plan Review The CONSULTANT shall respond to comments resulting from the 90% Plan Review. Recommended modifications shall be incorporated into the final plan set. 2. Certification The CONSULTANT shall sign and certify final construction plans by engineers, landscape Architects, and Architects licensed to practice in the State of Minnesota. 3. Final Project Manual The CONSULTANT shall submit final project manual with technical specifications incorporating any comments resulting from the 90% Plan Review. 4. Opinion of Probable Construction Cost The CONSULTANT shall prepare an opinion of probable construction cost. The final cost estimate shall include all project elements. The published cost opinion should be rounded to the nearest $1,000. 5. Deliverables a) Complete set of final signed plans, PDF b) Final quantities and cost estimate, xlsx c) Final signed Project Manual with Technical Specifications 4. BIDDING PHASE SERVICES Bolton & Menk will administer bidding of the proposed park and stormwater improvement project. The project will be publicly advertised to meet statutory requirements, bids will be taken online via Quest CDN, and a recommendation will be made to accept or reject bids. Bolton & Menk will facilitate distribution of the project manual via Quest CDN, answer questions from bidders, and issue addenda as needed. 5. SUBCONSULTANTS Bolton & Menk has secured partnerships with Barr Engineering and Braun Intertec for the successful deliver of the final design phase of the project. The attached proposals from these firms are included as an attachment to our scope of services and have been accounted for within the overall fee estimate. Professional Services Agreement Page 7 Hopkins Central Park Final Design 6. SCHEDULE The following is the schedule for the completion of the following: · Notice to Proceed: August 5, 2025 · Preliminary Design: September 2025 · Final Design (60% Submittal): November 2025 · Check Plan Set (90% Submittal): January 2026 · Final Documentation (Public Bid Documents): February 2026 · Bid Letting: March 2026 Design review submittals to the city are assumed to be returned to the CONSULTANT within ten (10) workdays in order to keep the project on schedule. If additional review time is required or the start date is later than stated, the schedule will shift accordingly. Construction phase services, including construction staking, contract administration, construction observation/inspection, and soil/material testing are not included within this scope and are anticipated as future services. Professional Services Agreement Page 8 Hopkins Central Park Final Design Figure 1: Central Park Master Plan – Basis of Design Scoping barr.com 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 | 952.832.2600 July 29, 2025 Mike Waltman and Anna Springer Bolton & Menk, Inc. 1224 Nicollet Avenue Burnsville, MN 55337 Re: Central Park Construction Documents Scope Dear Mike and Anna, Thank you for the opportunity to continue providing professional design and engineering services to the City of Hopkins (City) for the redevelopment of Central Park as a subconsultant to Bolton & Menk, Inc. (BMI). This letter outlines the scope of professional consulting services we will provide for your project related to design and construction support for the Central Park redevelopment project, including the proposed work tasks, cost estimate, and schedule for completion. This scope builds on the BMI scope for park design based on the concept design completed for the City in July 2025. Barr’s primary design role will be focused on the stormwater management and flood storage components of the project, including pipes, storm sewer structures, site grading, and regulated soils management. Barr will also provide design services for lighting and electrical service for the park, as well as mechanical, electrical, and plumbing for the new park restroom facility. Central Park is the most heavily used park at the center of this fully developed community. The park has been in place since the 1960’s. Lacking comprehensive improvements for decades, the park is scheduled for reinvestment. Taking advantage of this rare opportunity within the urban watershed, the City and Nine Mile Creek Watershed District (NMCWD) are seeking to integrate stormwater management and flood resiliency into the park design. The North Fork of Nine Mile Creek starts just south of Excelsior Boulevard, the southern boundary of Central Park. Given the park developed prior to the stormwater management standards of today, most stormwater from the park and adjacent developed areas currently flows directly to Nine Mile Creek, without treatment or rate reduction prior to discharge. The project will provide volume reduction (where feasible), pollutant removal, and flow attenuation (rate reduction) of stormwater runoff from previously untreated areas through a series of green infrastructure practices. The proposed filtration features will provide volume reduction through storage within the filtration media and evapotranspiration, while also providing pollutant removal and substantial reductions in peak flows to the creek during rainfall events, which is especially important for this “flashy” portion of Nine Mile Creek. Beyond the water quality benefits to Nine Mile Creek, the proposed green infrastructure will create vegetated natural areas and new headwaters feature for Nine Mile Creek. These features will be highly visible but artfully interwoven into the reimagined functionality of Central Park, creating improved access to natural areas, increased tree canopy to offset urban heat island effects, and enhanced habitat. Central Park was constructed on the site of the former Hennepin County Fairgrounds, portions of which were then briefly utilized as a landfill in the 1960s. Results of the preliminary soils investigation for the site Mike Waltman and Anna Springer July 29, 2025 Page 2 W:\Business Units\WR\Proposals\2025\P142.25 Bolton & Menk, Inc. Central Park Hopkins- CDs\Final Files\CentralParkProposal-Barr-Clean-20250729.docx indicate the presence of contaminants that will require careful soil management strategies to consider cost and risk throughout the design process. Barr will develop a soil management strategy to inform construction, and alongside BMI, will lead design development and preparation of construction documents for stormwater and flood storage features throughout the park, and provide lighting design, mechanical and plumbing services for the proposed restroom building. Barr will also support the project through permitting and grant support. Sp Tk1–60%DDvlpm Upon notice to proceed, Bolton & Menk, Inc. will finalize the current schematic design (July 2025) ensuring all park improvements are depicted in CAD base drawings. These updated base drawings will be provided to Barr to initiate Task 1, 60% Design Development, which will emphasize development of the green infrastructure and flood storage design throughout the park. This task includes the following items: • Development of up to two design alternatives for Nine Mile Creek headwaters feature o Graphics will be developed and a separate meeting held with the City and Nine Mile Creek Watershed District to select a preferred alternative o After the preferred alternative is selected, a rendering will be developed to communicate the function and materiality of the headwaters • Development of a preliminary grading plan, preliminary quantification of earthwork, and soil management strategy for construction of the project, centered around flood storage and stormwater management features (see Soil Management Strategy for more information), including: o Assessment of the results and information in the Response Action Plan (RAP), Phase I, and Phase II against the advancing design to refine and update soil management strategies for the project o Conducting a supplemental Phase II environmental investigation to refine extent of impacts against emerging design and earthwork needs. The information collected will help identify options for soil reuse on the project and refine soil export planning and cost estimate (e.g., off-site reuse and landfill disposal of contaminated materials). o Conducting additional geotechnical analysis and preparation of report (see Soil Management Strategy) • Further development of stormwater infrastructure for both flood storage and water quality treatment. o Design to include hydraulic diversion structures, storm sewer, pretreatment, soccer field drainage, and outlet pipes Mike Waltman and Anna Springer July 29, 2025 Page 3 W:\Business Units\WR\Proposals\2025\P142.25 Bolton & Menk, Inc. Central Park Hopkins- CDs\Final Files\CentralParkProposal-Barr-Clean-20250729.docx o To help delineate the scope within the soccer field between Barr and BMI, BMI will design the soccer field play components, seating, and ramps. Barr will design the subdrainage, pipes, grading and soil management required to provide flood storage in the created basin. • Sports lighting review and initial recommendations • Preparation of engineer’s opinion of cost • Provide supporting calculations related to required (NMCWD regulation) and “above and beyond” stormwater management • Drone image capture of pre-construction conditions • Creation of 60% design plan set for flooding and stormwater infrastructure, pipes and grading, and green infrastructure features. • Facilitation of shared (Barr and BMI) monthly meetings to inform City and NMCWD of progress and seek specific input. • Facilitation of a shared (Barr and BMI) meeting to present 60% design to City staff and submittal of drawings for NMCWD and City review and comment. • Facilitation of virtual bi-weekly design team (Barr and BMI) meetings to update on progress, discuss and coordinate design development, and coordination of the design development toward completion. Amp • A RAP will be developed by Braun, scheduled to be complete by August 1, 2025, outside of this scope of work. • The supplemental environmental investigation is assumed to involve one day of geoprobe drilling with collection of up to 14 analytical samples. If feasible, some of these samples may be collected from potential geotechnical boring locations. • City will review the complete 60% plan set within ten work days; one round of comments will be incorporated into the 90% plans. This scope assumes revisions will be incorporated into next submittal, not re-submitted. • This phase of work will include facilitation of a pre-permitting meeting with NMCWD and MnDNR staff • This phase of work is estimated to take eight weeks to complete once schematic design CAD files are finalized by BMI. Timeline is based on our current understanding of potential environmental conditions and may be modified based on soil management strategy development. The following describes the approach we propose for the project as part of the overall soil management strategy, which is initiated within Task 1: 60% Design Development and recommendations provided during Task 2: 90% Construction Documents. Mike Waltman and Anna Springer July 29, 2025 Page 4 W:\Business Units\WR\Proposals\2025\P142.25 Bolton & Menk, Inc. Central Park Hopkins- CDs\Final Files\CentralParkProposal-Barr-Clean-20250729.docx SlMmSy Integrated into each phase of design, Barr will provide a strategic approach to soil management to develop a balanced solution across excavation/grading needs for developing flood storage and addressing challenging geotechnical and environmental conditions at the site (i.e., wetland soil and fill with debris and residual contamination). This comprehensive integration of civil, environmental, and geotechnical engineering allows for streamlined, cost-effective solutions for otherwise challenging environmental conditions. Barr’s geotechnical and brownfields team will be integral to the design of the site, continually reviewing design decisions for balancing cost and risks. Barr will utilize the Phase I, Phase II, and Response Action Plan developed by Braun, building upon them with targeted supplemental soil borings (supplemental environmental investigation) to gather data to help characterize soils across the site, particularly in areas targeted for excavations and stormwater management and to guide soil reuse options (e.g., no samples of the existing topsoil have been collected to assess for reuse). The geotechnical scope includes services to conduct and oversee a subsurface investigation. Results of the additional subsurface investigation will be utilized to provide a summary of interpreted geotechnical conditions and recommendations for final design. Initiation of the proposed investigation is assumed to occur after notice to proceed is received. The subsurface investigation is anticipated to consist of five soil borings, laboratory testing on samples collected from the soil borings, and installation of a fully grouted vibrating wire piezometer. Soil borings are anticipated to be completed to a depth of 30 feet to capture the stratigraphic profile through the upper fill, organic soils/peat, and into the underlying alluvium or glacially deposited soils identified on the previously completed soil borings. Laboratory testing will include index testing, organic content testing, and consolidation testing focusing on organic soils/peat. The vibrating wire piezometer will be equipped with a data logger to record variation in groundwater elevations. The groundwater data will be used to help determine the proposed elevation of the sunken soccer field. The geotechnical evaluation will summarize site specific data collected from the field and laboratory investigations and provide recommendations on those findings. Due to the inherent risk of long-term settlement and secondary compression of organic soils/peat, an emphasis will be placed on assessing the compressibility of organic soils/peat at the site based on the proposed soil management configuration. The analysis will be limited to assessing the elevation and slopes of the sunken soccer fields, filtration basins and other stormwater management features. Reporting will include final soil boring logs, a soil boring layout figure, and laboratory testing. Amp • Artificial turf is not currently the preferred approach in the sunken soccer field, which may require additional subsoil modification and cover. The inundation with untreated stormwater would also require additional significant future maintenance by the owner. • This scope of work does not include geotechnical foundation design of proposed buildings including but not limited to the future Hopkins Pavilion Expansion and new park restrooms. Tk2–90%CDm Task 2 includes developing the 90% construction plans for Central Park’s soil management, flooding and stormwater infrastructure, pipes and grading, electrical, mechanical, and plumbing, incorporating Mike Waltman and Anna Springer July 29, 2025 Page 5 W:\Business Units\WR\Proposals\2025\P142.25 Bolton & Menk, Inc. Central Park Hopkins- CDs\Final Files\CentralParkProposal-Barr-Clean-20250729.docx feedback from project stakeholders on the 60% design development drawings. This task includes the following items: • Development of flooding and stormwater infrastructure, pipes and grading, and green infrastructure feature plans and details, and technical specifications. • Development of electrical plans and technical specifications to include: o Modifications to existing sports and parking lot lighting o New electrical for new restroom building, pedestrian lighting within the park, site scale lighting within the headwaters feature, new parking lot lighting, expanded sports lighting, and electrical needs for events • Development of mechanical and plumbing design drawings and technical specifications for new restroom building • Preparation of updated opinion of probable cost • Preparation of final soil management strategy • Development of Stormwater Pollution Prevention Plan (SWPPP) • Facilitation of shared (Barr and BMI) monthly meetings to inform City and NMCWD of progress and seek specific input. Additional meetings may be included as needed to address specific issues. • Facilitation of a shared (Barr and BMI) meeting to present 90% design and submittal drawings for City review and comment. This scope of work assumes revisions will be incorporated into next submittal, not re-submitted. Amp • This phase of work is estimated to take eight weeks to complete following City and NMCWD comments are received for 60%. • This phase of work will include preparation of a stormwater report and submittal of a permit application and supporting materials for NMCWD permitting • This phase of work will include preparation of and submitting permit applications to MnDNR, City of Hopkins, and USACE. Tk3–100%BDm Task 3 includes developing the final construction plans and technical specifications to facilitate construction bids. This phase will also include development of an Operations and Maintenance Guide document that will support the various components of the project. This task includes the following items: • Completion of final construction drawings and technical specifications for: o Grading and storm sewer pipes and structures Mike Waltman and Anna Springer July 29, 2025 Page 6 W:\Business Units\WR\Proposals\2025\P142.25 Bolton & Menk, Inc. Central Park Hopkins- CDs\Final Files\CentralParkProposal-Barr-Clean-20250729.docx o Green infrastructure features, including headwaters o Contaminated soil and construction dewatering management procedures o Flood management infrastructure and subdrainage o Electrical o Mechanical and plumbing for restroom facility o Stormwater Pollution Prevention Plan (SWPPP) • Complete and provide final quantities and bid form to BMI • Preparation of updated opinion of probable cost • Development of Operations & Maintenance guide • Facilitation of shared (Barr and BMI) monthly meetings to inform City and NMCWD of progress and seek specific input. Amp • All project components will be bid together as a single bid package, excluding the recommended 3-year establishment period for native vegetation. For the purposes of grant funding alignment, the project components will be divided into separate bid items. • BMI will develop front-end contract documents and will lead bidding support. Barr will provide comments related to stormwater infrastructure and soil management as needed for the front-end specifications. Tk4–WQlyH&HMl Task 4 involves conducting hydrologic and hydraulic (H&H) and water quality modeling and analyses to inform the 60% design development and final design. We will update the XP-SWMM models developed for the Central Park concept design to quantify the impact of the proposed design on flood elevations and discharge rates at the headwaters of the Nine Mile Creek. We will also develop a P8 model for the area tributary to the project to reflect the proposed design to quantify pollutant/nutrient reductions (total suspended solids and total phosphorus). The modeling analyses will also be used to inform key design elements (e.g., hydraulic structures) and help quantify the benefits of the project to stakeholders. The models will be updated during the 60% and 90% design phases, as needed. Amp • We will use the Central Park 30% concept XP-SWMM model to evaluate the flood elevations during the Atlas 14 2-year, 10-year, and 100-year, 24-hour design storm events • We will utilize the NMCWD’s existing P8 model developed by NMCWD as a starting point for development of the existing conditions and proposed conditions P8 models for the project. Mike Waltman and Anna Springer July 29, 2025 Page 7 W:\Business Units\WR\Proposals\2025\P142.25 Bolton & Menk, Inc. Central Park Hopkins- CDs\Final Files\CentralParkProposal-Barr-Clean-20250729.docx • We assume two rounds of model updates may be needed during the 60% design phase to identify critical design elements, and one round of updates will be needed for the 90% design phase. Tk5–m For Task 5, Barr will perform the necessary permitting activities for the proposed work at Central Park. The permitting process will generally commence upon completion of at least 60% design. We assume the following permits will be secured by Barr: • MDNR work in public waters permit (submitted via MPARS online permitting system). The headwaters of Nine Mile Creek is designated as a public watercourse and would require a public waters work permit for work occurring within the culvert under excelsior boulevard. • NMCWD: Barr will prepare and apply for approval from the NMCWD. Based on the scope of work, the following NMCWD rules are assumed to be applicable to the project.  Rule 2.0 Floodplain Management and Drainage Alterations: Rule 2.0 applies to the project because grading, and culvert and shoreline improvements are proposed below the 100-year flood elevation of Nine Mile Creek. To meet NMCWD’s floodplain requirements, the project will seek to provide compensatory storage to offset any fill in the floodplain.  Rule 4.0 Stormwater Management: Rule 4.0 applies to the project because more than 50 cubic yards of material will be disturbed and 5,000 square feet or more of surface area will be disturbed.  Rule 5.0 Erosion and Sediment Control: Rule 5.0 applies to the project because more than 50 cubic yards of material will be disturbed and 5,000 square feet or more of surface area is altered. Barr will prepare an erosion and sediment control plan and if necessary, a Stormwater Pollution Prevention Plan (SWPPP) for the project.  Rule 6.0 Waterbody Crossings and Structures: Rule 6.0 applies to the project because the drainage improvements will likely include replacement of a crossing in contact with Nine Mile Creek.  Rule 7.0 Shoreline and Streambank Improvements: Rule 7.0 applies to the project because it includes installing shoreline improvements on public water. To meet the NMCWD’s requirements, Barr will evaluate the appropriate sizing of shoreline stabilization measures, shoreline slope, and applicable criteria. Amp • Wetland Conservation Act (WCA) approval: It is understood that there are no naturally occurring wetlands within the project area and, therefore, approval under the WCA would not be required for the project. • USACE Clean Water Act (CWA): The USACE is anticipated to authorize impacts to Nine Mile Creek under Nationwide Permit 3 for maintenance and does not require a pre-construction notification for the project. Mike Waltman and Anna Springer July 29, 2025 Page 8 W:\Business Units\WR\Proposals\2025\P142.25 Bolton & Menk, Inc. Central Park Hopkins- CDs\Final Files\CentralParkProposal-Barr-Clean-20250729.docx • Construction Stormwater General (NPDES) Permit from the Minnesota Pollution Control Agency (MPCA). This scope of work assumes the contractor will obtain this permit after the city awards the project. • MDNR Water appropriations permit: This permit may be required depending on construction methods and the proposed construction water management plan. The contractor would apply for and obtain this permit, if needed. • City of Hopkins: Electrical, Mechanical, Plumbing, Building, Right-of-way, and Utility Excavation Permits will be applied for by the construction contractor. • The project will not require state or federal environmental review. Tk6–GSpp To date, several grant applications have been initiated for the project. Each granting agency requires different submissions and are on separate timelines. Barr will support the City and NMCWD for each of the grant processes as they relate to stormwater management and soil management. • MPCA Stormwater Resiliency Grant – awarded, led by City. Barr will continue to support information needed by the granting agency. • Hennepin County Brownfields funding - Barr’s experienced team will coordinate with Hennepin County for consideration for grant funding, particularly to position for funding of soil management costs during project construction phase as it is anticipated there will be significant export of fill soils with debris and residual contamination to the landfill. • Clean Water Revolving Fund – application in progress led by NMCWD. Barr will lead responses to information requests to support this application. • Barr’s team will continue to work with Bolton & Menk to align funding opportunities with anticipated costs. Funding assignments to individual bid items will be considered at each stage of design. Amp • This scope of work does not include assistance for seeking funding from outside sources for the active play or playground components of the project. OvllAmp • Due to the condensed timeline of this work, quick turnaround is requested for any feedback from NMCWD or the City. Comments on all documents for review by City and NMCWD staff will be submitted within ten working days in order to maintain project timeline. • BMI will provide survey data to inform design. • BMI and Braun Intertec will provide necessary geotechnical and structural design for the park structures and restroom facility. Mike Waltman and Anna Springer July 29, 2025 Page 9 W:\Business Units\WR\Proposals\2025\P142.25 Bolton & Menk, Inc. Central Park Hopkins- CDs\Final Files\CentralParkProposal-Barr-Clean-20250729.docx • This scope does not include Barr support for public engagement activities. City and BMI staff will coordinate any outreach process and develop materials for public engagement. • City of Hopkins staff will coordinate with various internal departments and City Council, as necessary. • NMCWD staff will coordinate with its Board, as necessary. • Bidding and Construction Support is not included in this scope. • Most meetings with NMCWD and the City will last approximately one hour and will be held virtually. This scope assumes up to four (4) meetings will be held in person and will take up to two (2) hours each. Tm Our project team will include several staff (engineers, landscape architects, and GIS specialists) who have particular knowledge of the site, flood basin design, and planting for water quality and ease of maintenance. Our key project team members include (Name - Role in project, Role at Barr): • Janna Kieffer, PE - Principal in Charge, Senior Water Resources Engineer • Marcy Bean, PLA - Project Manager and Landscape Architect, Senior Landscape Architect • Eric Lund, PE – Environmental Engineering Lead, Senior Environmental Engineer • Patrick Brockamp, PE – Civil and Stormwater Design Lead, Senior Water Resources Engineer • Brendan Dougherty, PLA – Green Infrastructure Design Lead, Senior Landscape Architect • Eric Brandner, PE – Geotechnical Design Lead, Senior Geotechnical Engineer • Mark Ziemer, PE – Electrical Design Lead, Senior Electrical Engineer • Karl Stauty, PE – Mechanical Design Lead, Senior Mechanical Engineer • Tyler Conley – Permitting Lead, Senior Environmental Scientist • Tyler Olsen, PE – Stormwater Modeling Lead, Water Resources Engineer • Michelle Kimble, PE – Senior Technical Advisor, Senior Civil Engineer CShl Table 1 below shows the estimated costs associated with the tasks, as described above. Assumptions associated with these costs are included in the above text. The table below also includes the estimated schedule for the services and is based on an August 5, 2025 start date. If the start date is later than stated, the schedule will shift accordingly. This schedule is based on the following City Council approvals: • Approval of this scope of work: August 4, 2025 Mike Waltman and Anna Springer July 29, 2025 Page 10 W:\Business Units\WR\Proposals\2025\P142.25 Bolton & Menk, Inc. Central Park Hopkins- CDs\Final Files\CentralParkProposal-Barr-Clean-20250729.docx • Approval to go out to bid: January 2026 • Review of construction bid(s): February 2026 Thank you for the opportunity to provide a scope of work for this project. Please contact us with questions or if you would like to discuss the proposed scope of work. Tl1 SmmyWkTkHC Shl *Includes $30,000 estimated subcontractor and field equipment expenses. Sincerely, Janna Kieffer Marcy Bean Vice President Project Manager 952.832.2785 952.832.3511 jkieffer@barr.com mbean@barr.com July 22, 2025 Revised Proposal QTB218678 Mike Waltman, PE Bolton and Menk 12224 Nicollet Avenue Burnsville, MN 55337 Re: Proposal for Supplemental Environmental Investigation – Rev 1 Hopkins Central Park and Pavillion Expansion 11000 Excelsior Boulevard Hopkins, Minnesota Dear Mr. Waltman Braun Intertec Corporation (Braun Intertec) submits this revised proposal to Bolton and Menk related to the proposed redevelopment of the above referenced site (Site), speciflcally to conduct a Supplemental Environmental Investigation. The objective of the Supplemental Environmental Investigation is to further investigate subsurface conditions in relation to the recently completed Phase I and Phase II Environmental Site Assessments at the Site. The collected data will be used to better inform soil management decisions during construction and develop soil management costs. This proposal will outline the scope of services and provide estimated costs for the proposed work. Background Braun Intertec recently conducted the following reports for the Site: ▪ “draft” Phase I Environmental Site Assessment; Hopkins Central Park and Pavilion Expansion; 11100 and 11000 Excelsior Boulevard, 1600 Main Street and 101 6th Avenue South; Hopkins, Minnesota; project number B2408367, dated November 15, 2024 (“draft” 2024 Phase I ESA) ▪ “draft” Phase II Environmental Site Assessment; Hopkins Central Park and Pavilion Expansion; 11100 and 11000 Excelsior Boulevard, 1600 Main Street and 101 6th Avenue South; Hopkins, Minnesota; project number B2408367, dated November 15, 2024 (“draft” 2024 Phase II ESA ) A brief summary of the flndings and conclusions from the reports are presented below. “Draft” 2024 Phase I ESA The Site consists of three parcels totaling approximately 17.9-acres developed with an ice arena, baseball flelds, tennis courts, pickleball courts, a playground, paved surface parking, drive lanes, and a greenspace. The ice arena, known as Hopkins Pavilion, has an approximate footprint of 43,000 square feet. The ice arena included one ice rink, office space, common areas, a mechanical room for the ice cooling system, a garage for the ice re-surfacer, locker rooms, and storage rooms. Bolton and Menk Hopkins Central Park and Pavillion Expansion Revised Proposal QTB218678 July 22, 2025 Braun Intertec Page 2 The 2024 Phase I ESA identifled the following recognized environmental conditions (RECs) associated with the Site: ▪ The Site was part of the Hennepin County fairgrounds from at least 1930 through at least 1952. Development related to the use as a fairgrounds included a horse racetrack, racehorse barn, grandstand, band stand, various animal barns, a domestic arts building, a dance hall, a dining hall, a community building, and a domestic arts building. By 1960 the approximate eastern two thirds of the Site appeared to have been reworked and had been or was being used as a landflll. By 1966, the Site was redeveloped as a park with baseball flelds, paved surface parking, and additional improvements for the park were constructed over time. Based on a review of past sub-surface investigations conducted at the Site, there were indications that the Site was used as a “sanitary landflll” and buried debris was encountered in geotechnical borings that were completed at the Site in the late 1960s. Buried debris was also encountered in the northeast area of the Site during installation of a storm sewer in 2015. Based on the potential that buried debris is still present at the Site, the documented presence of flll and the former use of the Site as a landflll represents a REC. ▪ The Site is located in an area of current and historical commercial use. The regulatory information suggests that contamination has been identifled or is suspected at properties located adjacent and/or potentially upgradient of the Site relative to the estimated direction of groundwater fiow. Although it appears that many of these adjoining/surrounding upgradient properties have been remediated in accordance with the oversight and approval of the MPCA, there remains a potential that these properties may have impacted soil, groundwater and/or soil vapor at the Site. This potential represents a REC. “Draft” 2024 Phase II ESA The Phase II ESA identifled flll soils across the entirety of the Site and the majority of those flll soils were found to contain varying amounts of debris. Analytical testing of the flll soils identifled elevated concentrations VOCs, PAHs, DRO, and arsenic that exceeded regulatory levels in the southeast quarter of the Site where the two baseball flelds are located. The observations and testing indicated that debris related to the former dump/landflll are present at the Site and are likely the source of the impacts identifled in soil analyses. Soil vapor samples were collected from the area of the proposed building in the northwest portion of the Site. The results of the soil vapor sampling did not identify any VOCs at concentrations that would indicate the need for vapor mitigation of the proposed building. However, MPCA best management practices require that soil vapor samples be collected during both the non-heating season (April through October 31) and the heating season (November 1 through March 31) in order to make a flnal determination for the need for a vapor mitigation system in the Site buildings. Bolton and Menk Hopkins Central Park and Pavillion Expansion Revised Proposal QTB218678 July 22, 2025 Braun Intertec Page 3 Scope of Services – Additional Environmental Investigation The scope of services presented below are recommended to obtain additional soil data to evaluate the Site for soil impacts that could affect the planned redevelopment of the Site. The scope of services includes the following components: ▪ Staking and Utility Clearance ▪ Soil Borings ▪ Soil Screening ▪ Soil Sampling and Analytical Testing ▪ Reporting Staking and Utility Clearance A site-speciflc Health and Safety Plan (HASP) will be created prior to initiation of Site work. Braun Intertec will stake prospective subsurface exploration locations and obtain surface elevations at those locations using GPS (Global Positioning System) technology. Prior to drilling or excavating, Braun Intertec or the subcontractor will contact Gopher State One Call and arrange for notiflcation of the appropriate utility vendors to mark and clear the investigation locations of public underground utilities. You, or your authorized representative, are responsible to notify Braun Intertec before we begin the work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. In addition, Braun Intertec fees include a budget to retain a private locate company to mark private utilities that are not the responsibility of public agencies. Upon the request of Braun Intertec, the property owner must also be available to assist the private locate company in determining the presence of any underground objects or the location of utilities. Braun Intertec will not be liable for any damages resulting from unidentifled or misidentifled underground objects or utilities. Further, Braun Intertec reserves the right to stop work if underground objects or utilities are suspected or known to exist, but locations cannot be accurately determined. Soil Borings Braun Intertec or the subcontractor will advance approximately 15 soil borings at the Site to obtain soil samples for fleld screening and laboratory analysis. The borings will be advanced to depths of approximately 10 feet below ground surface (bgs) using a direct push probe drilling method. Speciflc depths will be determined based on the proposed excavation depths at each investigation location. Soil samples for fleld screening will be collected at approximate 2-foot intervals. The work will be completed following Bolton and Menk Hopkins Central Park and Pavillion Expansion Revised Proposal QTB218678 July 22, 2025 Braun Intertec Page 4 Braun Intertec Standard Operating Procedures (SOPs). Braun Intertec will determine the boring locations based on the results of the Phase I ESA and Phase II ESA , the location and type of proposed earthwork, and other reports or information provided to Braun Intertec. Following completion, the boreholes will be sealed in general accordance with Minnesota Department of Health (MDH) guidelines. Since the soil borings are planned to be less than 15 feet in depth, the Minnesota Statutes will not require completion of any notiflcations or sealing records. Soil Screening Soil samples from the soil borings will be visually and manually classifled in the fleld by an environmental technician using ASTM D2488 “Standard Practice for Description and Identiflcation of Soils (Visual-Manual Procedures).” Additionally, soils will be classifled at our soils laboratory by a geotechnical engineer using ASTM D2487 “Standard Practice for Classiflcation of Soils for Engineering Purposes (Unifled Soil Classiflcation System)” and ASTM D2488. Field personnel certifled as an asbestos inspector by MDH will examine soil samples for unusual staining, odors, and other apparent signs of contamination. In addition, the soil samples will be screened for the presence of organic vapors using a photoionization detector (PID). The PID will be equipped with a 10.6 electron volt lamp and calibrated to an isobutylene standard. The PID will be used to perform direct measurement and a headspace method of fleld analysis as recommended by the Minnesota Pollution Control Agency (MPCA) and in accordance with Braun Intertec SOPs. Soil Sampling and Analytical Testing Soil samples will be collected from the soil borings for laboratory analysis in accordance with Braun Intertec SOPs. Soil samples will be collected from depth intervals in the unsaturated zone where indications of contamination are observed in the fleld. If no indications of contamination are observed, the soil samples will be collected from depths most likely to be encountered during proposed redevelopment activities based on information provided by the client at the time this proposal was prepared. The budget for this task assumes that a total of 11 soil samples will be submitted to Pace Analytical Services of Minneapolis, Minnesota and analyzed for a combination of the following parameters: ▪ Eight Resource Conservation and Recovery Act (RCRA) metals using EPA Methods 6010 and 7471 (11 samples). ▪ Polycyclic aromatic hydrocarbons (PAHs) using EPA Method 8270 (11 samples) ▪ Diesel range organics (DRO) using the Wisconsin Department of Natural Resources (WDNR) Method (11 samples) ▪ Volatile organic compounds (VOCs) using United States Environmental Protection Agency (EPA) Method 8260 (7 samples) ▪ Gasoline Range Organics (GRO) using the WDNR Method (4 Samples) Bolton and Menk Hopkins Central Park and Pavillion Expansion Revised Proposal QTB218678 July 22, 2025 Braun Intertec Page 5 Reporting Verbal results of the assessment will be provided to you as they become available. Upon completion of the on-Site work and receipt of laboratory analytical results, a Response Action Plan Addendum report will be prepared detailing the methods, results, and conclusions/recommendations. A draft copy of the report will be forwarded to you prior to report flnalization. The flnal Response Action Plan Addendum will be submitted to the MPCA for their review in combination with the Response Action Plan that is being worked on under a separately submitted proposal. Only an electronic copy of the Braun Intertec report will be submitted to you unless you request otherwise. Cost Estimate Braun Intertec will provide the services described herein on an hourly and unit-cost basis. The estimated cost breakdown summary is listed below. Service Description Cost Supplemental Phase II Environmental Site Assessment Field, Equipment, Sampling Supplies, and Mileage $ 4,262.00 Subcontractor – Drilling $ 3,671.25 Subcontract – Laboratory Analytical Testing (assumes standard turnaround) $ 4,526.50 Project Management and Reporting $ 5,184.00 Estimated Total $ 17,643.75 Braun Intertec will begin the project upon receipt of your authorization. The estimated cost of $17,643.75 presented is based on the scope of services described herein and the assumption that the proposal will be authorized within 30 days and that the project will be completed within the proposed schedule. This cost estimate was developed with the understanding that the scope of services deflned herein will be performed during our normal business hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. Services that we are asked to provide outside our normal business hours will be invoiced at 1.25 times the listed hourly rate. Services provided on Sunday or legal holidays will be invoiced at 1.5 times the listed hourly rate. You will be billed only for services provided on a time and material basis. Scheduling Field work will be initiated within 3 weeks of receiving your authorization, depending on driller availability. The fleld work is estimated to take 1 day to complete. Typical turnaround time on laboratory analysis is approximately 8 to 10 business days for all samples. A draft report will be forwarded to you within 3 weeks after receipt of laboratory analytical results. Bolton and Menk Hopkins Central Park and Pavillion Expansion Revised Proposal QTB218678 July 22, 2025 Braun Intertec Page 6 If the proposed scope of services cannot be completed according to this schedule due to circumstances beyond control, Braun Intertec will notify and discuss with you the revised schedule. Assessment Limitations Please note the scope of services for the proposed investigation, in conjunction with the existing data, is designed to evaluate the potential presence of soil contamination and debris. However, because there is a flxed number of sampling locations proposed, the scope of services proposed herein may not fully deflne the extent of contamination that may be present at the Site. If fleld conditions indicate the need for additional soil borings or sample collection and analysis, Braun Intertec will contact you for authorization before proceeding. Further, please note that identiflcation of contamination may require the property owner to notify the MPCA of an identifled release, and additional investigation may be required to evaluate the extent of impacts and to obtain applicable liability assurance letters from the MPCA . Also, please note that boring logs for this investigation will be prepared for environmental purposes only, and not for geotechnical design. Bolton and Menk Hopkins Central Park and Pavillion Expansion Revised Proposal QTB218678 July 22, 2025 Braun Intertec Page 7 General Remarks We based the proposed fee on the scope of services described and the assumption that you will authorize our services within 30 days and that others will not delay us beyond our proposed schedule. We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To accept this proposal and authorize us to proceed, please sign and return it to us in its entirety. We appreciate the opportunity to present this proposal to you. We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Brad Schmidt at 651.239.3329 or Imants Pone at 952.995.2665. Sincerely, Braun Intertec Corporation Bradley A. Schmidt, PE Project Engineer Imants Pone Senior Scientist Attachments: General Conditions (11/4/2024) Cost Breakdown Summary Proposed Investigation Locations The proposal is accepted, and Braun Intertec is authorized to proceed. _____________________________________________ Authorizer’s Firm _____________________________________________ Authorizer’s Signature _____________________________________________ Authorizer’s Name (please print or type) _____________________________________________ Authorizer’s Title _____________________________________________ Date Rev. 2024-11-04 Page 1 of 2 BRAUN INTERTEC GENERAL CONDITIONS SECTION 1: AGREEMENT 1.1 Agreement. This agreement consists of these General Conditions and the accompanying written proposal or authorization (“Agreement”). This Agreement is the entire agreement between Consultant and Client and supersedes all prior negotiations, representations or agreements, either written or oral. 1.2 Parties to the Agreement. The parties to this Agreement are the Braun Intertec entity (“Consultant”) and the client (“Client”) as described in the accompanying written proposal or authorization. Consultant and Client may be individually referred to as a Party or collectively as the Parties. SECTION 2: SCOPE OF SERVICES 2.1 Services. Consultant will provide services (“Services”) in connection with the project (“Project”) which are specifically described in this Agreement. Client understands and agrees that Consultant’s Services are limited to those which are expressly set forth in this Agreement. 2.2 Additional Services. Any Services not specifically set forth in the Agreement constitute “Additional Services.” Additional Services must be agreed upon in writing by the Parties prior to performance of the Additional Services and may entitle Consultant to additional compensation and schedule adjustments. Additional compensation will be based upon Consultant’s then current rates and fees. SECTION 3: PERFORMANCE OF SERVICES 3.1 Standard of Care. Consultant will perform its professional Services consistent with the degree of care and skill exercised by members of Consultant’s profession performing under similar circumstances at the same time and in the same locality in which the professional Services are performed. CONSULTANT DISCLAIMS ALL STATUTORY, ORAL, WRITTEN, EXPRESS, AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PERFORMANCE OF SERVICES IN A GOOD AND WORKMANLIKE MANNER. 3.2 Written Reports and Findings. Unless otherwise agreed in writing, Consultant’s findings, opinions, and recommendations will be provided to Client in writing and may be delivered via electronic format. Client agrees not to rely on oral findings, opinions, or recommendations. 3.3 Observation or Sampling Locations. Locations of field observations or sampling described in Consultant’s report or shown on Consultant’s sketches reference Project plans or information provided by others or estimates made by Consultant’s personnel. Consultant will not survey, set, or check the accuracy of those points unless Consultant accepts that duty in writing. Client agrees that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. Client accepts the inherent risk that samples or observations may not be representative of items not sampled or seen and further that site conditions may vary over distance or change over time. 3.4 Project Site Information. Client will provide Consultant with prior environmental, geotechnical and other reports, specifications, plans, and information to which Client has access about the Project site and which are necessary for Consultant to carry out Consultant’s Services. Client agrees to provide Consultant with all plans, changes in plans, and new information as to Project site conditions until Consultant has completed its Services. 3.5 Subsurface Objects. To the extent required to carry out Consultant’s Services, Client agrees to provide Consultant, in a timely manner, with information that Client has regarding buried objects at the Project site. Consultant will not be responsible for locating buried objects or utilities at the Project site unless expressly set forth in this Agreement, or expressly required by applicable law. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from claims, damages, losses, penalties and expenses (including attorney fees) involving buried objects or utilities that were not properly marked or identified or of which Client had or should have had knowledge but did not timely notify Consultant or correctly identify on the plans Client or others furnished to Consultant. Consultant, from time to time, may hire a third party to locate underground objects or utilities and, unless otherwise expressly stated in this Agreement, such action shall be for the sole benefit of Consultant and in no way will alleviate Client of its responsibilities hereunder. 3.6 Hazardous Materials. Client will notify Consultant of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any Project site or in any sample or material provided to Consultant. Client agrees to provide Consultant with information in Client’s possession or control relating to such samples or materials. If Consultant observes or suspects the presence of contaminants not anticipated in this Agreement, Consultant may terminate Services without liability to Client or to others, and Client will compensate Consultant for fees earned and expenses incurred up to the time of termination. 3.7 Supervision of Others. Consultant shall have no obligation to supervise or direct Client’s representatives, contractors, or other third parties retained by Client. Consultant has no authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Client, Client’s representatives, contractors, or other third parties retained by Client. 3.8 Safety. Consultant will provide a health and safety program for its employees as well as reasonable personal protective equipment (“PPE”) typical for the performance of the Services provided by this Agreement and as required by law. Consultant shall be entitled to compensation for all extraordinary PPE required by Client. Client will provide, at no cost to Consultant, appropriate Project site safety measures which are necessary for Consultant to perform its Services at the Project location or work areas in connection with the Project. Consultant’s employees are expressly authorized by Client to refuse to work under conditions that may, in an employee’s sole discretion, be unsafe. Consultant shall have no authority over or be responsible for the safety precautions and programs, or for security, at the Project site (except with respect to Consultant’s own Services and those of its subconsultants). 3.9 Project Site Access and Damage. Client will provide or ensure access to the site. In the performance of Services some Project site damage is normal even when due care is exercised. Consultant will use reasonable care to minimize damage to the Project site. Unless otherwise expressly stated in this Agreement, the cost of restoration for such damage has not been included in the estimated fees and will be the responsibility of the Client. 3.10 Monitoring Wells. To the extent applicable to the Services, monitoring wells are Client’s property, and Client is responsible for monitoring well permitting, maintenance, and abandonment unless otherwise expressly set forth in this Agreement. 3.11 Contaminant Disclosures Required by Law. Client agrees to make all disclosures related to the discovery or release of contaminants that are required by law. In the event Client does not own the Project site, Client acknowledges that it is Client’s duty to inform the owner of the Project site of the discovery or release of contaminants at the site. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from claims, damages, penalties, or losses and expenses, including attorney fees, related to Client’s failure to make any disclosure required by law or for failing to make the necessary disclosure to the owner of the Project site. SECTION 4: SCHEDULE 4.1 Schedule. Consultant shall complete its obligations within a reasonable time and shall make decisions and carry out its responsibilities in a manner consistent with the Standard of Care. Specific periods of time for rendering Services or specific dates by which Services are to be completed are provided in this Agreement. If Consultant is delayed in the performance of the Services by actions, inactions, or neglect of Client or others for whom Client is responsible, by changes ordered in the Services, or by other causes beyond the control of Consultant, including force majeure events, then the time for Consultant’s performance of Services shall be extended and Consultant shall receive payment for all expenses attributable to the delay in accordance with Consultant’s then current rates and fees. 4.2 Scheduling On-Site Observations or Services. To the extent Consultant’s Services require observations, inspections, or testing be performed at the Project site, Client understands and agrees that Client, directly or indirectly through its authorized representative, has the sole right and responsibility to determine and communicate to Consultant the scheduling of observations, inspections, and testing performed by Consultant. Accordingly, Client also acknowledges that Consultant bears no responsibility for damages that may result because Consultant did not perform such observations, inspections, or testing that Client failed to request and schedule. Client understands that the scheduling of observations, inspections, or testing will dictate the time Consultant’s field personnel spend on the job site and agrees to pay for all services provided by Consultant due to Client’s scheduling demands in accordance with Consultant’s then current rates and fees. SECTION 5: COST AND PAYMENT OF SERVICES 5.1 Cost Estimates. Consultant’s price or fees provided for in this Agreement are an estimate and are not a fixed amount unless otherwise expressly stated in this Agreement. Consultant’s estimated fees are based upon Consultant’s experience, knowledge, and professional judgment as well as information available to Consultant at the time of this Agreement. Actual costs may vary and are not guaranteed or warrantied. 5.2 Payment. Consultant will invoice Client on a monthly basis for Services performed. Client will pay for Services as stated in this Agreement together with costs for Additional Services or costs otherwise agreed to in writing within thirty (30) days of the invoice date. Unless otherwise stated in this Agreement or agreed to in writing, Consultant’s costs for all services performed will be based upon Consultant’s then current rates, fees, and charges. No retainage shall be withheld by Client. All unpaid invoices will incur an interest charge of 1.5% per month or the maximum allowed by law. 5.3 Other Payment Conditions. Consultant will require Client credit approval and Consultant may require payment of a retainer fee. Client agrees to pay all applicable taxes. Client’s obligation to pay for Services under this Agreement is not contingent on Client’s ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, Client’s successful completion of any project, receipt of payment from a third party, or any other event. 5.4 Third Party Payment. Provided Consultant has agreed in writing, Client may request Consultant to invoice and receive payment from a third party for Consultant’s Services. Consultant, in its sole discretion, may also require the third party to provide written acceptance of all terms of this Agreement. Neither payment to Consultant by a third party nor a third party’s written acceptance of all terms of this Agreement will alter Client’s rights and responsibilities under this Agreement. Client expressly agrees that Rev. 2024-11-04 Braun Intertec General Conditions Page 2 of 2 the Agreement contains sufficient consideration notwithstanding Consultant being paid by a third party. 5.5 Non-Payment. If Client does not pay for Services in full as agreed, Consultant may retain work not yet delivered to Client and Client agrees to return all Project Data (as defined in this Agreement) that may be in Client’s possession or under Client’s control. If Client fails to pay Consultant in accordance with this Agreement, such nonpayment shall be considered a default and breach of this Agreement for which Consultant may terminate for cause consistent with the terms of this Agreement and without liability to Client or to others. Client will compensate Consultant for fees earned and expenses incurred up to the time of termination. Client agrees to be liable to Consultant for all costs and expenses Consultant incurs in the collection of amounts invoiced but not paid, including but not limited to attorney fees and costs. SECTION 6: OWNERSHIP AND USE OF DATA 6.1 Ownership. All reports, notes, calculations, documents, and all other data prepared by Consultant in the performance of the Services (“Project Data”) are instruments of Consultant’s Services and are the property of Consultant. Consultant shall retain all common law, statutory and other reserved rights, including the copyright thereto, of Project Data. 6.2 Use of Project Data. The Project Data of this Agreement is for the exclusive purpose disclosed by Client and, unless agreed to in writing, for the exclusive use of Client. Client may not use Project Data for a purpose for which the Project Data was not prepared without the express written consent of Consultant. Consultant will not be responsible for any claims, damages, or costs arising from the unauthorized use of any Project Data provided by Consultant under this Agreement. Client agrees to hold harmless, defend and indemnify Consultant from any and all claims, damages, losses, and expenses, including attorney fees, arising out of such unauthorized use. 6.3 Samples, Field Data, and Contaminated Equipment. Samples and field data remaining after tests are conducted, as well as field and laboratory equipment that cannot be adequately cleansed of contaminants, are and continue to be the property of Client. Samples may be discarded or returned to Client, at Consultant’s discretion, unless within fifteen (15) days of the report date Client gives Consultant written direction to store or transfer the samples and materials. Samples and materials will be stored at Client’s expense. 6.4 Data Provided by Client. Electronic data, reports, photographs, samples, and other materials provided by Client or others may be discarded or returned to Client, at Consultant’s discretion, unless within 15 days of the report date Client gives Consultant written direction to store or transfer the materials at Client’s expense. SECTION 7: INSURANCE 7.1 Insurance. Consultant shall keep and maintain the following insurance coverages: a. Workers’ Compensation: Statutory b. Employer’s Liability: $1,000,000 bodily injury, each accident | $1,000,000 bodily injury by disease, each employee | $1,000,000 bodily injury/disease, aggregate c. General Liability: $1,000,000 per occurrence | $2,000,000 aggregate d. Automobile Liability: $1,000,000 combined single limit (bodily injury and property damage) e. Excess Umbrella Liability: $5,000,000 per occurrence | $5,000,000 aggregate f. Professional Liability: $2,000,000 per claim | $2,000,000 aggregate 7.2 Waiver of Subrogation. Client and Consultant waive all claims and rights of subrogation for losses arising out of causes of loss covered by the respective insurance policies. 7.3 Certificate of Insurance. Consultant shall furnish Client with a certificate of insurance upon request. SECTION 8: INDEMNIFICATION , CONSEQUENTIAL DAMAGES, LIABILITY LIMITS 8.1 Indemnification. Consultant’s only indemnification obligation shall be to indemnify and hold harmless the Client, its officers, directors, and employees from and against those damages and costs incurred by Client or that Client is legally obligated to pay as a result of third party tort claims, including for the death or bodily injury to any person or for the destruction or damage to any property, but only to the extent proven to be directly caused by the negligent act, error, or omission of the Consultant or anyone for whom the Consultant is legally responsible. This indemnification provision is subject to the Limitation of Liability set forth in this Section 8. 8.2 Intellectual Property. Client agrees to indemnify Consultant against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by Client or others on behalf of Client. 8.3 Mutual Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREUNDER, NEITHER CONSULTANT NOR CLIENT SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR LOSS OF USE OR RENTAL, LOSS OF PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFIT OR REVENUE OR COST OF FINANCING, OR OTHER SUCH SIMILAR AND RELATED DAMAGE ASSERTED IN THIRD PARTY CLAIMS, OR CLAIMS BY EITHER PARTY AGAINST THE OTHER. 8.4 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF CONSULTANT, CONSULTANT’S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, TO CLIENT AND ANYONE CLAIMING BY, THROUGH OR UNDER CLIENT FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED CONSULTANT’S PERFORMANCE OF THE SERVICES OR THIS AGREEMENT, FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, INDEMNIFICATION OBLIGATIONS OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY CONSULTANT OR $50,000, WHICHEVER IS GREATER. SECTION 9: MISCELLANEOUS PROVISIONS 9.1 Services Prior to Agreement. Directing Consultant to commence Services prior to execution of this Agreement constitutes Client’s acceptance of this unaltered Agreement in its entirety. 9.2 Confidentiality. To the extent Consultant receives Client information identified as confidential, Consultant will not disclose that information to third parties without Client consent. Additionally, any Project Data prepared in performance of the Services will remain confidential and Consultant will not release the reports to any third parties not involved in the Project. Neither of the aforesaid confidentiality obligations shall apply to any information in the public domain, information lawfully acquired from others on a nonconfidential basis, or information that Consultant is required by law to disclose. 9.3 Relationship of the Parties. Consultant will perform Services under this Agreement as an independent contractor, and its employees will at all times be under its sole discretion and control. No provision in this Agreement shall be deemed or construed to create a joint venture, partnership, agency or other such association between the Parties. 9.4 Resource Conservation and Recovery Act. To the extent applicable to the Services, neither this Agreement nor the providing of Services will operate to make Consultant an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation and Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous substances. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from any claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 9.5 Services in Connection with Legal Proceedings. Client agrees to compensate Consultant in accordance with its then current fees, rates, or charges if Consultant is asked or required to respond to legal process arising out of a proceeding related to the Project and as to which Consultant is not a party. 9.6 Assignment. This Agreement may not be assigned by Consultant or Client without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 9.7 Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended, or will be construed, to confer upon or give any person or entity other than Consultant and Client, and their respective permitted successors and assigns, any rights, remedies, or obligations under or by reason of this Agreement. 9.8 Termination. This Agreement may be terminated by either Party for cause upon seven (7) days written notice to the other Party. Should the other Party fail to cure and perform in accordance with the terms of this Agreement within such seven-day period, the Agreement may terminate at the sole discretion of the Party that provided the written notice. The Client may terminate this Agreement for its convenience. If Client terminates for its convenience, then Consultant shall be compensated in accordance with the terms hereof for Services performed, reimbursable costs and expenses incurred prior to the termination, and reasonable costs incurred as a result of the termination. 9.9 Force Majeure. Neither Party shall be liable for damages or deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations (other than the payment of money) results, without its fault or negligence, from any cause beyond its reasonable control, including but not limited to acts of God, acts of civil or military authority, embargoes, pandemics, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, strikes or lock-outs, declared states of emergency, and changes in laws, statutes, regulations, or ordinances. 9.10 Disputes, Choice of Law, Venue. In the event of a dispute and prior to exercising rights at law or under this Agreement, Consultant and Client agree to negotiate all disputes in good faith for a period of 30 days from the date of notice of such dispute. This Agreement will be governed by the laws and regulations of the state in which the Project is located and all disputes and claims shall be heard in the state or federal courts for that state. Client and Consultant each waive trial by jury. 9.11 Individual Liability. No officer or employee of Consultant, acting within the scope of employment, shall have individual liability for any acts or omissions, and Client agrees not to make a claim against any individual officers or employees of Consultant. 9.12 Severability. Should a court of law determine that any clause or section of this Agreement is invalid, all other clauses or sections shall remain in effect. 9.13 Waiver. The failure of either Party hereto to exercise or enforce any right under this Agreement shall not constitute a release or waiver of the subsequent exercise or enforcement of such right. 9.14 Entire Agreement. The terms and conditions set forth herein constitute the entire understanding of the Parties relating to the provision of Services by Consultant to Client. This Agreement may be amended only by a written instrument signed by both Parties. In the event Client issues a purchase order or other documentation to authorize Consultant’s Services, any conflicting or additional terms of such documentation are expressly excluded from this Agreement. Client:Service Description:Work Site Address: 11000 Excelsior Blvd Hopkins, MN 55343 Bolton & Menk, Inc. Mike Waltman Attn: Accounts Payable 1960 Premier Dr Mankato, MN 56001 (952) 448-8838 Additional Environmental Investigation Proposal Total:$17,643.75 Description Quantity Units Unit Price Extension Phase 1 Phase II ESA Activity 1.1 Field Equipment, Sampling Supplies, and Mileage $4,262.00 389 Staff Consultant II 18.00 Hour 124.00 $2,232.00 388 Staff Consultant I 12.00 Hour 113.00 $1,356.00 393 Project Consultant II 2.00 Hour 174.00 $348.00 1868 ENV Trip Charge 1.00 Each 20.00 $20.00 5036 PID w/10.6 eV lamp, per day 1.00 Each 150.00 $150.00 5910 EnCon GPS, per day 1.00 Each 156.00 $156.00 Activity 1.2 Subcontract Analytical Testing $8,197.75 SUB Pace Analytical +10%1.00 Each 4,526.50 $4,526.50 SUB1 Bergerson Caswell +10%1.00 Each 3,671.25 $3,671.25 Activity 1.3 Professional Services $5,184.00 389 Staff Consultant II Hour 124.00 $.00 391 Project Consultant I Hour 159.00 $.00 393 Project Consultant II 16.00 Hour 174.00 $2,784.00 395 Senior Consultant I 6.00 Hour 206.00 $1,236.00 397 Principal Consultant I 1.00 Hour 251.00 $251.00 392 Data Quality Reviewer 2.00 Hour 192.00 $384.00 371 GIS/CAD Specialist II 2.00 Hour 132.00 $264.00 138 Project Assistant 1.50 Hour 90.00 $135.00 125 Project Control Specialist 1.00 Hour 130.00 $130.00 Phase 1 Total:$17,643.75 Page 1 of 107/10/2025 01:03 PM Project Proposal QTB218678 Hopkins Central Park - Additional Investigation ST-3 ST-2 ST-7 ST-1 ST-6 ST-4 ST-5 ST-8 ST-9 EXCELSIOR BOULEVARD 13TH AVENUE S.16TH AVENUE S.15TH AVENUE S.1ST STREET S. VP-1 VP-2 VP-3 VP-4 VP-5 VP-6 PLAYGROUND HOPKINS PAVILION ICE ARENA PUBLIC WORKS FIRE DEPARTMENT SCHOOL APARTMENTS COMMERCIAL / RETAIL SCHOOL CHURCH FUNERAL / CREMATION SERVICES APARTMENTS APARTMENTS APARTMENTS MINI STORAGE AUTO REPAIRBANK APPROXIMATE SITE BOUNDARY F:\2024\B2408367\CAD\B2408367.dwg,Soil Analyt,11/14/2024 8:43:59 AMbraunintertec.com 952.995.2000 Minneapolis, MN 55438 11001 Hampshire Avenue S Project No: B2408367 Drawn By: Date Drawn: Checked By: Last Modified:10/29/24 Drawing No: Project Information Drawing Information B2408367 BJB 10/29/24 JA Central Park and Pavilion Expansion 11000 Excelsior Boulevard Hopkins, Minnesota Soil Analytical Results and Observations Figure 3 N SOIL BORING LOCATION SOIL VAPOR PROBE LOCATION 0 SCALE:1"= 120' 120'60' Geoprobe to 10' Client: City of HopkinsProject: Central Park Improvements Final DesignTask # Work Task DescriptionPrincipal-in-ChargePrincipal Design Manager Senior Landscape ArchitectLandscape DesignerSports Design SpecialistIrrigation SpecialistCivil Principal EngineerDesign Engineer / Engineering TechnichanArchitectStructuralSurveyBarr EngineeringBraun IntertecTotal HoursTotal Cost1.0 Project Management 80 50 10 0 0 0 60 20 0 10 0230$46,1502.0 Supplemental Survey 0 0 0 0 0 0 0 0 0 0 7575$15,0003.A Schematic Design Layout 10 42 50 82 0 0 12 22 22 0 0240$40,6983.B 60% Construction Documents 37 85 139 345 150 0 85 113 195108 0 12002457$438,8253.C 90% Construction Documents 209 107 209 293 70 95 53 115 92 104 20 12502617$477,0683.D 100% Bid Documents 22 22 22 42 0 0 52 42 22 10 0 650884$163,9434.0 Bidding Phase Services 16 6 0 8 0 0 6 8 0 0 0 380424$79,8305.0 Stormwater Modeling 115115$21,6526.0 Permitting & Grant Support 150150$28,2427.0 Geotechnical Investigation 25,000$ $25,000Total Hours374 312 430 770 220 95 268 320 331 232 95 3745$1,336,407Exhibit II: Estimate of FeesBolton & Menk, Inc.Total: Final Design Phase