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2 3 4 CITY OF ROSEVILLE CONSULTANT SERVICES AGREEMENT 5 THIS IS AN AGREEMENT entered into the day of , 2012, by and 6 between the City of Roseville, Minnesota, hereinafter referred to as the City, and Bolton & 7 Menk, Inc., hereinafter referred to as the Consultant. 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 wITNESSETx: WHEREAS, the City desires to hire the Consultant to complete Twin Lakes Infrastructure Improvements- Construction Observation, and the Consultant desires to perform those services for the compensation and on the terms described herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: Scope of Services. The Consultant shall perform those Services as are described in the attached Exhibit A. IL Term. This Agreement shall be effective upon the approval of the City Council and execution by the Mayar and City Manager and shall continue until terminated by either party upon a seven (7) day written notice thereof. IIL Compensation. The fees for the Consultant's services will be billed on and in accordance with the hourly rate shown in the attached Exhibit B. Consultant's compensation for the Exhibit A work is estimated at $5,280 for Design Review and $35,310 for Construction Services. Fees shall be paid within thirty (30) days following receipt of a monthly invoice and status report detailing the services performed. The Consultant shall not commence or perform any of the Construction Services unless and until the City hereinafter authorizes the Consultant in writing to perform such work. 32 IV. Schedule. Exhibit C contains a schedule for completion of the scope of services. It is 33 understood that if the schedule is delayed, through no fault of the Consultant, so that it is 34 no longer possible to complete the work in 2012, the hourly rates shown on the attached 35 Exhibit B can be updated to the current year hourly rates, so long as those rates do not 36 increase more than 5%. 37 38 39 40 41 42 43 44 45 V. Indemnification. The Consultant shall defend, indemnify and hold harmless the City and its officials, agents, and employees from any loss, claim, liability, damages, costs, judgments and expense (including reasonable attorney's fees and expenses of litigation) arising from, or based in whole or in part on, any negligent or wrongful act or omission of the Consultant or its employees, agents, or subcontractors in the performance of the Services under this Agreement and against all losses by reason of the failure of the Consultant to fully perform its obligations under this Agreement.