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8.3 SR 04-07-2025[ITEM_HEAD] To City Council Meeting Date April 7, 2025 Item Description Update Contract Amount for the 2024 Downtown Small Area Plan Request for Action Item Number 8.3 Prepared By Zack Carlton, Community Development Director Reviewed by Cal Portner Tina Allard Action Requested Approve, by motion, a $3,000 increase to the approved contract for the 2024 Downtown Small Area Plan. Background/Discussion On June 17, 2024, the City Council selected Bolton and Menk to complete the 2024 Downtown Small Area Plan for a not -to -exceed cost of $99,400. The consultant has been working closely with city staff and the downtown plan subcommittee, and the plan is nearly complete. However, the process has resulted in a recommendation for additional work, which is outside the original scope provided by Bolton and Menk. This includes a section focused on construction phasing for recommended improvements to Main Street and Jackson Avenue. This has been a very important topic for the group as they work to minimize impacts on downtown businesses during the planned street, sidewalk, and utility work in downtown. The developer has requested a budget increase of $3,000 to complete this additional work. Staff support the request and recommend approval by the council. Financial Impact The project was included in the CIP and the additional cost would be paid for from the same fund. Mission/Policy/Goal Support the growth and development of the community. Responsible for every dollar - good stewards. Attachments I . City Council Staff Report dated June 17, 2024 The Elk River Vision A xelcomiug community, xith revolutionary and spirited resourcefulness, exceptional service, and community P� d W E R E D 0d engagement that encourages sand inspires pro rperity INPaU 249 • Meeting Date June 17, 2024 Item Description Select Consultant for the 2024 Downtown Small F-11 9 M- a mm I I I Item Number 4.13 Prepared By Zack Carlton, Community Development Director Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Approve, by motion, the selection of Bolton and Menk to prepare the 2024 Downtown Smallll Area Plan. Background/(Discussion The 2024 CIP includes funding for a renewed viisiion of the downtown area in the form of a small area plan. This plan will respond to the current market conditions, community vision, and changing traffic patterns resulting from the updates to Highway 169. Submitted proposalls were also evaluated for their community outreach and public participation processes. The city received four qualified proposals ranging in cost from $94,805 to $99,500 all at or below the $ 100,000 budgeted. Four staff members reviewed the proposals and unanimously selected Bolton and Menk as the first choice d 'I to their clear deliverables, focus on public input, timeline and experience. The proposal is detailed and outlines their process throughout the project. Bolton and Menk proposed a not to exceed cost of $99,400 and staff believes their proposal closely aligns with the city's goals. itaff will work with the consultant to establish a steering committee to provide guidance on plan goals, composition, and recommendations. The committee will include representatives from the City Council, the multiple boards and commissions, and downtown stakeholders. Financial Impact The not to exceed cost of the proposal is $99,400 which is within the CIP budget for this project. Mission/Policy/Goal Improve citizen quality of life. Meet changing needs - agile. Opportunity to live, work, and play. Support the growth and development of the community. The Elk River Vision cwllilluiiilywilh n,1,,o1111i(wat 'y awl jpirilul irsourrrfilbiess, serliic, and fvmmvulli°°)! P 0 W I R E 0 0 Y ow ,ge, INALURd$419 Attachments I. Bolton & Menk Small Area Plan Proposal 2. Standard Agreement for Professional Services Mgge188 of 342 2024 DOWNTOWN SMALL AREA PLAN CITY OF ELK RIVER, MN I MAY 24, 2024 BOLTON 0fl Partnvrshup NO & MENK LELAND CONSUONG Real People. Real Solutions, 1111 GROUP I I I W"hington Ave South Mike Thompson, AICP I Project Manager SG11W t150 l Mirmeatrofirs, MN 5W1 952-207-4974 Mike.Thompson(d)bolton-merik.com 61S 416 0220 0 Bolton Monk corn Page 89 of 372 Page 191 of 249 May 24, 2024 Zack Carlton, AICP' Community Developr-nent Director City of Elk River 13065 01rono Parkway Elk River. MIN 55330 RE: Proposal for the 2024 Downtown Small Area Plan Dear Zaick We are excited about the opportunity to partner with the City of Elk River to, create a guiding vision for the next chapter of Downtown. Leveraging our deep experience of work in similar downtowns across the country, and our interdisciplinary team approach, we're ready to hit the ground running. Bolton & Menk, Inc. is a multidisciplinary firm with a mission to, create safe, sustainable, and beautiful communities. We provide in-house expertise to lead the city's redevelopment vision for the downtown area, rooted in the following: Details that Support the Vision - Bolton & Menk is committed to ensuring that every detail supports the vision of the downtown Elk River. From understanding the physical and economic systems to the specific design of catalytic redevelopment projects and spaces, we know in order to achieve success, we must work together as a unified front with the same vision. Our planning and design process ensures your goals are maintained every step of the way. Customized Sohitions - Downtown areas are as unique as the cities they belong to, each possessing its own distinct character and charm. Each has its own assets and challenges, histories, and aspirations. Therefore, we treat every project as unique and create custom design solutions that fit the community. This approach requires a flexible team led by city planners and designers with experience in economic development, design, policy, and transportation. DBOLTON & MENK Real People. Real Solutions. III Misrington lie Sutii StAc 650 I Minik,,,apohs, MIN 55401 612-4'M 02201 Bakon WWwai We Design with the End in Mind -- Bolton & Menk has a proven record of designing things that get built and maintained for decades. With our full suite of design and engineering services, we partner with clients to identify. navigate, and implement planning, designing, funding, constructing, and maintaining processes. We therefore understand what it takes to bring visionary plans to life and approach our work with this understanding. An approach which allows US to proactively address challenges'that may otherwise be overlooked. In further service to the city, we are excited to welcome Leland Consulting Group (LCG) to our team, who brings a tailored market and real estate knowledge from across the country. LCG will join us to lead the market analysis portions of the project. We are honored at the chance to work with the City of Elk River to complete the Downtown Small Area Plan. Please contact me at 952- 207-4974 or Mike.Tlioi-npsori@boltoti-iiietiik.coiii if you have any questions regarding our proposal. Respectfully submitted, Bolton & Menk, Inc. Mike Th psis, AlCP Project anage r Bl)I �') N II, r41 NK, l`i AN i QUAl I)f'P H I UN I I Y 1 M III I)YH1, Page 192 of 249 A( KINOWLid)(01OF N I Sr ke confirm ffi'm we, have thr, wfaikdfle, capocfty%v it I-fln our ci,,Nrreu [I and yr vrkluad Lo oomp[ov thh, sc,opc A work vdtidn the flrnehryWe also r!orfflnn th"'A' tc, Oic, hio o of ow fhil'-`r,I.riw^ roo ccu nffltt,� of �OqmwaA mflth nthe¢ dients unontly cInc41rVVaV 0 BOLTO'N & MENK Reall People. Real Solutions- Botton & Menk has designed safe, sustainable, and beautiful communities for the last 75 years. We are a full -service planning, design, and engineering firm that believes all people should live in safe, sustainable, and beautiful communities. Our commitment to this goal Continues to drive our team of planners, engineers, landscape architects, urban designers, technicians, and more. Through this, we deliver innovative solutions and provide exceptional client - specific services that exceed expectations. We have more than 30 offices in Minnesota, Iowa, North Dakota, North Carolina, and South Carolina; we're helping clients establish best practices while applying lessons learned from across the country. This project team will be led by our Midwest Area Planning Practice —a group of urban planners and designers who specialize in rethinking the way areas of growth can be thoughtfully planned and designed toward being strong and welcoming places for all. GfIltk/t P001011111' ON LELAND CONSULTING is GRO'UP Leland Consulting Group has provided real estate and urban planning services to public and private sector clients across the U:S for more than 35 years. LCG is a team of strategic advisors focused on urban real estate, economic development, and public -private partnerships. They recognize that special and economically vibrant places result not just from one factor, but from the combination of quality design, supportive markets, developer capacity, and Financial strength. 'They balance rigorous analysis with candid advice to deliver strategies that their public and private clients use to enhance communities and create lasting vallue. LCCi provides the following services: • Market Research and Strategies • Financial Analysis • Economic Impact Analysis • Public -Private partnership Negotiation and Facilitation • Economic Development Strategies • Housing Strategies • Development Conceptualization 2UN OOVOOOVOI 'iMAI J, AUI, III AN 1 1 IF, NMI, MN 1 Page 91 of 372 Page 193 of 249 PROJECT j Y Downtown Elk River has been; at the heart of a growing region for decades. Once a clulet riverside hamlet surrounded by farmland, Elk River has grown: into a th fivi nig community of nearly 30,000. While the history of downtown is over a century old, much of the city's population growth has occurred in the last 30 years. This growth has largely fOCLIsed on an outward trajectory, as the city's service area, street network,, arid population distribution have spread into surrountfing farmland and green fields. As the city continues to Invest in its future, it finds itself looking inward to the heart of the city: DOWNTOWN. Downtown serves several important purposes. They provide a focal Point for COMMUnity identity, a place for serving daily needs, and an opportunity to provide a more compact and walkable urban environment. Public spaces downtown often serve as gathering points for community events like the farmer's market or summer concert nights. They serve an important economic development purpose acting as an incubator for small businesses, a vehicle for attracting outside spending and investment, and a place for local commerce to thrive, I'[Oj J r C I fJ li N lY, S] A id 1) J N i) Downtown Elk River is well -positioned for a bright future. It has a strong history, it's located at the crossiroads of two major thoroughfares, and it hats Ewen recently guided for signIficant growth and change through the visionary comprehensive plan update. The downtown master Plan provides the city with an opportunity to turn that vision Into reality by translating ideas and goals into outcomes. implementing change requires attention to, detail, and an understanding of how i-nuItiple parts corne together, with an understanding towards how the city can: QBuildings have been incrementally cleared for Varking and event space, but ay ham ve ore m n.fi6.I futures • Guide growth, particularly along Main St and Jackson St, with thoughtful development planning and design guidance. • Reinforce and enhance a connectivity network that makes it easy for people and goods to, get around, white addressing connectivity challenges from Hwy 10 aind the rail line. • Develop a p ublic realm arid open space network that brings people together and provides, space for cornmunily interactions. • Understand housing needs of the city and where to fiII the gaps. • Position Downtown Elk River to benefit from major transportation projects including l4wy 169 Redefine and c ha nges to Highway 10. (46he river, Hwy 10, and rail line "constrict" downtown development, and funnelt east/west traffic onto Main St NW and Hwy 10 River access and public space is centered around The (DStud area along Main St NW acts as a pass - River's Edge Commons, establishing more areas through linkage between Hwy 169 and Hwy 10, could increase downtown's draw but could benefit frorn an elevated character Both Hwy 10 and the rail line significantly encumber access, while sirnultaneousirbringing regional visitors ---localizing access cou d benefit the downtown Reconstfuction of the Hwy 169 intersection may relieve local congestion, with uncertain impacts on local businesses ON I�iC) YVN 10 V,0N S W MI A 111 A�i I I I K JH IV I R, M 1,i 7 Page 92 of 372 Page 194 of 249 We believe for downtown Elk River to The successful, it should be a welcoming place that supports and invites a variety of experiences, activities, and attractions, all w irt hini walking distance of eachr other. On any given day, downtown should come airve with the patterns of daily life. While a master plan for downtown cannot dictate or script these experiences, a plan will Ihelp create the spaces for memorable experiences and friendly encounters to unfold; it will guide the uses and design of private development by setting clear and achievable expectations. We propose a team approach that will leverage the knowledge and experience of subject matter experts. The plan we create with you will be both aspirational and achievable. It will be a road map to an encompassing idea about what downtown can become. It will be based on sound analysis, design fundamentals, arid an open and creative process that defines necessary actions, projects, and initiatives necessary to create a dynamic and vibrant downtown for years to come. To realize this aspiration, our approach is based on the following factors. We view these as key to a successful project approach and delivery: N� 0 11 (, I A PN0 A C P � Pl�'N 0 W I El D G El- S H A 11 �l G C 0 N S E Ill S U S B U 11 L 1) 114 ('1'$ E I k River's greatest wealth, is in its people„ who we anticipate will bring an array of insight and curiosity. Leveraging this resource means making room for both general engagement and targeted iini,fom,rpvatiio,ri-sharingtodig deeper into topics of interest. We used targeted stakeholder engagement, such as with brokers and developers, to, ensure a variety of input is gathered to reach a well-informed consensus on the best path forward. C 0 N N 111 C T 10 14 14 A F; 11, 114 G The downtown area is connected, and encumbered by, physical aind economic networks locally, regionally, and beyond. Our approach looks at the relationships and dependencies, using quantitative and qualitative data, to dernonstrate the significance of downtown, and determine what changes would mean at all levels. C I A IiA C T]�6111 F!, D Il �! IIII4 (p" S C1 E 14 A 11,111, 10 S The transitional nature, of the downtown rneans there is likely significant latitude in, exp�ioring options towards defining this as a cohesive place. This will include exploration of design scenarios that consider options for land use, public reairni, infrastructure, natural amenities, and other improvements necessary to reinforce a unique sense of place while remaining responsive to the existing and stir rounding character. 11 U B L I C / P It I V ATE 11111 V E'S I'llill E N T FIR A 14 1E, W 0 R K Our team will ensure this project is grounded in, an understanding of broader market realities, and the specific disposition of properties within the study area. In addition to addressing the technical aspects of the downtown vision, we will also look for implementation opportunities and tools to both meet arid exceed expectations. 2 lJ U 0 0 W N 10 V,N 'i M AI J, M1, 1' 1 AN 1 1 IF, 1f IV I P, 14 N 3 Page 93 of 372 Page 195 of 249 SCOPiE OF Bolton & Milen,k has led successful downtown and redevelopment Planning projects across thie Midwest, and beyond. Based on our experience and the RFP, we have crafted a proposed scope of work necessary to complete the plan thoughtfully, with, recommendations that can be realized. We are excited to be joined! by Leland Consulting Group (LC), who bring decades of industry - leading real estate and economic analysis experienice, We look forward to offering our shared approach, to creating, ai downtown vision. RK MVER 00M \ CITY STAFF: Primary contact, responsible for representing the project at monthily meetings Mth consultant tewn STREETING COMMITTEE: PfWdes guidance on plan goals, composition, and recommendations STAKEHOLDERS: ProQes twgetNi feedback on specific plan topics and recommendations CITY COUNCIL: Considers final plan for appwi and adoption CITY OF ELK RIVER COMMUNITY: Members of the public, offer broad project suggestions and feedback at major inkestones PR (,) I I (, I A PPR 0 A C� H �H A �4 A G E' H 1' Our project management, approach is rooted in personable and proactive communication that prioritizes collaboration, transparency, and trust. Our tear, lied by Mike "Thompscri, will maintain regular communication with city staff throughout the project. During an initial project kickoff rneeting, we will establish and confirm a regulair meeting and reporting schedule. We expect this to at a minimum include: • Kickoff mieeting • Bi-weeklly staff check ins TASK 0 DELIIVERABLES: • P roj ect kickoff meeting and! project management plan • Regulair progress report meetings A N 0 III 1' IIII H In coordination with city staff, we will develop a public engagement plan that is inclusive, accessible, and transparent. We expect this to at least include: • Monthly Steering Committee meetings • One-on-one meetings with key stakeholders • Up to five one-on-one developer or real estate expert meetings • Up to three community open houses or pop. ups • One public online and paper survey • Digital and Paper materials such as fliers, yard signs, or sidewalk decals to advertise the project locally • Up to three planning commission and/or council work sessions/rneefing Our team will prepare and distribute all necessary agendas, materials, and surnmaries for each event in consultation with city staff. We anticipate that city staff will provide a list of key stakeholders and help advertise local events. TASK I D,ELIIVERABLES: * I ngagernent plain that details ti me, hin es, audiences, agenclas, and content to be used ait each outreach event * Event specific and final engagement report that SUrnrinarizes each outreach activity, input received, and recommendations for f ut Lure outreach "I A S K 21', �� E X S I N G C 0 N T' (11 �14 S A 14 A �IR K, T A, S S %S S H N F 'to ensure a thOlLightfUll understanding of downtown's context, we will conduct an existing conditions assessment of the physical, policy, and cultural context of the area. Assessing downtown's current conditions, particularly in a post- pa n demic economic environment, will be foundational to identifying key plan theses, projects, and recommendations. This assessment will include a focus on: Physical Analysis: Surrounding land use, design, and development patterns; roadways and multinnodal network; natural and public spaces; public and private utilities; major area businesses and land owners. Policy Analysis: Local and regional land use, transportation, and public space policies; relevant environ me nta I gu dance; key goals of area agencies and jurisdictions. Cultural Analysis:, Major destinations; formal or informal historic sites; community -significant locations in or around the area. 2 iJ N 0 0 VJ N [ 0 Vl N 'i M A I J, A R 1, 1, 1' 1 A N 1 1 IF, R IV I, iI, M N 14 Page 94 of 372 Page 196 of 249 We will pair existing, conditions assessment with an LCG-Led market research of socicieconornic, economic, aind real estate daita. We will also identify land use and development opportunities, highlight development constraints, explore potential models for future development, and calculate derriand and market potential for residential, commercial, industrial, and other uses. In additiion to the staindard data sources like CoStair, Census/ACS, and Bureau of Labor Statistics, we also incorporate niew data sources such as Placer Al cellphone- based location intelligence data will be used to ensure Our analyses are tailored to the specific physical, iniarket, financial, aind regulatory conditions of the study area. To better understand the economic opportunities In Elk River, LCGi must first understand how the market is perceived by stakeholders. LCG will supplement quantitative market analysis with targeted stakeholder outreach (conducted both on -site and virtually), which may include developers and brokers, major landowners and business owners, financial/pending institutions, educationiall institutions, and other economic development partners. The market analysis will include the identification of potential catalyst redevelopment sites and proposed uses for each that can be incorporated into the implementation plan. We will compile existing conditions and market analysis findings into an existing conditions memo, which will use graphical representations of key findings and supportive text. PRO I If,, I A PPR JA U� The existiing conditions assessrnierrt may identify smaller character areas, such as, the corridors leading into downtown, in order to focus and orient concept scenarios, recommendations, and overall plain composition, TASK 2 DELIVERABLES: • Draft andi final conditions memo with associated graphics, exhibits, and narrative • Character area maps and descriptions 'T A S 1( 3' Ill CAI 14 "1" 0 W N I` R, A M IM 0 IR, 14, 1"," L A 14 A D A F 0 N, S 111 R C 10 M H 1�1111 �4 �' Using inforrinabon aind feedback gathered, out team will explore thematic concepts that outline a framework plan for downtown, focusing on each character area. The plan will describe conditions and opportunities for the downtown area and ascribe recommendations. We proposed three frameworks to cover: Development: Land use and development scale, density, patterns, and desired redevelopment concepts; block patterns and scale; targeted economic development opportunities. Connectivity; Multiniociall connectivity, access, and circulation with a focus on active transportation; readiness for future planned transportation projects. Open Space: Placemaking opportunities and locations for new or enhanced public spaces; preservation of natural spaces; connections to and views of the river; streetscape enhancements; leveraging sustainable design and systems towards a more resilient downtown and corridors. Each f rarnewo rk plan can stand alone„ however, their strength comes from the ways in which they reinforce each other. Together, the plans will serve as a leris to organize an implementation plan and align future publlic and private actions. The framework plan will be described in graphics and narrative to ensure it is easily understandable to the general public, and able to be reviewed and refined by key stakeholders. TASK 3 DELIVERABLES- • Draft and final framework plans, to include, at a minimum, all above elements 2 iJ U 0 0 W N [ 0 V,' N 'i M A I J, A R 1, 1, 1' 1 A N 1 1 IF, R IV I, P, 14 N 5 Page 95 of 372 Page 197 of 249 ............... ................. ............. .................... POST PROJECT Engagement and Framework Ptans Imptementation Devetopment and Infrastructure Existing Conditions and Final Plan Investment Guidance w: %14 . ....... . . .... . . . . .. . li " , rll Mi A Nr ................ ................. .............. .................... IIV 4, I IIII 111" N1IIU IlN F A "T III 0 N 111', A N Without a clear arid! attalniable lniplernentation guide, we believe even the best plans risk becomingjUst another plan on the shelf. In order to realize recommendations from the framework plans developed throughout the process, we will establish an implementation plan with clearly outlined public and private action steps, responsible parties, suggested timelines, suggested performance metrics, and funding sources for key deliverables. Over the last five years, Bolton & Menk's funding teamrn has secured more than $375 million in project funding. This expertise, coupled with I-CG�'s strategic approach to real estate positioning, and experience facilitating public -private partnerships, uniquely positions our team to identify solutions that will provide the greatest likelihood of successful project delivery and maintenance. The implementation plan will be a chapter of the downtown plan but can be used independently of the plan for clear stakeholder guidance. PRO J If,, I A PPR DA CH TASK 4 DELIVERABLES: - Draft atiidfinaiii,i)plemenitationplan 'T" A S III FIII; II14 A 0' V1 IIII N P L A N Upon, completion of all prior elements and reviews, the team will produce the finA downtown plan document. We anticipate the plan document to be a highly graphic document to be easily understood by both the general public, and key stakeholders, and contain all prior project elements. We will also produce a set of slides for use in final presentations. TASK 5 BELIVERABLES: • Draft and final digital downtown plan, with all associated files, data, and supporting content MN ONYN [OV,'N 'iMAI J, AU 1, N AN 1 11 K RM �I, 0 6 Page 96 of 372 Page 198 of 249 gotten & Menlohas led downtown planning and design projects across the Mlidwest, and beyond. Wow are some examiptes of our downtown pfanning, community engagement, public space, and infrastructure work. We would! be happy to, share additional experience or references upon request. DOWNTOWN MONTICELLO MASTER PLAN AND STREETS,CAPE CITY OF MONTICELLO, MINNESOTA Wnticeilo's ftntown has luer mi advcisrAy iirq,,qcu,,d try iegiiona[ 0afficand tensions over [xHkmg and ifensity. The rnasien plan created a vision for downtown that amnects the city's two most hidoved assets tlue rivonfrrnml earl the civic center withaptomelmdeBreed with new fiGildinp, pubfic art, and an all aps trail. TIT plan converts . idail Wy' main stwet into an aclivate mixed use destination Since plan was cornpfefion, more than 200 now housing units have hcen devOopd, and key plArc spaces have hippn imptowd. KEY TEAM MEMBERS: Afldrew Nesifnei - project Manager, Lead Designer Britton .Danes - Lead Landscape AOrcrct Mike Thompson M. Planner REFERENCE: Angela Schumamn, Conirrunily Govokicrient rhmdor 763 271 3,q4, angela sf�hwrianii@c( rriwiticeito nn.us P RD j I (" I f XP I R f N r[ 7 ROBBINSDALE DOWNTOWN AND, STATION AREA PLAN CITY OF ROBBINSDALE, MINN ESO,TA !Our mann, working with Hen rwpin CotrMy, the, City of Roblunsdale,,awd lho Metro Blule Lino Irtension Project, estalthshod as downeown pfan for Robbibscale that evafiGaled future devdopment opporlunrics, m0firnochd citfulition inragarrnvorneTils, and new TiGbkc Space oppoaGnifies. Bolton & Menk led the entire downtown station area planning Rand analysis for downtown RohNnsdale The team provided devOopmenf alternatives and expitmed inlegrafion of new LRT onfrastrudGm, with the future choiiied urban form and key pblic space oppoaunifies necessary to stitch together the city"s center. KEY TEAM MEMBERS: Afldrow Nesdnet Project Manager, Urban Designer Mike Thompson - Deputy Project Manager, Lead Planner Britton Jones - Lead Lwdscapv Architect Jim Olson storn)watvr ManagPITIEV Ashley !Hudson- Fuinding Lead REFERENCE: inn ",aadvik, MPNA, City Manqu 76,'4 531 1254i, tsandvik@ci wbbirisda[e,rn us [HifflUO01 SWUX [�AIJLS FILA[i UPDAH � LCG CITY OF SIO,UX FALLS, SOUTH DAKOTA smux fall dovurRown au"m had ,rent sgnificart investor urt In Tecent years, and was by all measures very successful, with as thnving retail and efttalnnoenf scene, many now quahty johis, and a range of urban housing options. Thmugh extensive stakeholder outtvach including interviews with devvlopus, Landowners, bankers, and brokers, LCG lidped to ensure lhat the plan updates were hased on a sound uncimstanding of focal and regional rnmiket suppityand demand fwcos hi addition to "right-sizinIt" expectations for fdwv develop coit across majw land use types, LCD's research Led to wcommoidations for prioriti?.alion of WeWopniont opportunity nodes and advice for how best to capitahze on emerging reM estate fiends KEY TEAM MEMBERS: Ted Krupp Project Manager, Lead Analyst Jennifer Shuch - Analyst 2 rJ / 4 0 0 W N [ 0 Vl N 'i M AI J, A R t 1, A N 1 11 K R I V t H, 14 N 7 Page 97 of 372 Page 199 of 249 We have assembled a, team tailored specifically to this project. Focused on, engagement, vision,, and implementation, we will work alongside the city staff to align public and private investment guidance with community goals. Our team is focused on helping find solutions to multifaceted problems with creative, technical, regulatory, funding, and community building expertise. While the team here will be the core team, we anticipate being able to draw from our more than 950 professional staff as questions, or issues arise. 51RLT —FQ1LAQYJ-92 —RS Tirn Olson, PE, CFM Water Resources Ashley Hudson,, AICP Funding Advisor N� 0 J I I, I I I� A M The team will be led by M Ike T hompson. Mike will be the prirnary client contact will work closely with the team and will lead several deliverables including the iniplernentation plan. Jason Cook will be. the principal) -in -charge ensuring the project is appropriately staffed and resourced. Our tearn is organized to, d0jver the plan as described in tire scope of services. Tearn rnernbers Rachel LeMire, Andrew Drescinei, Britton Jones, ,and Connor Cox will be responsible for leading respective delivery of plan components.'rhey will be supported by strategic aidvisaars Tim Olson, and Ashley Hudson. Residents and City of Elk River Stakeholders Mike Thompson, AICP Jason, Cook, PE Project Manager, Principal -In -Charger, "e" EM Implementation Lead Infrastructrrre Lead DEVELOPMENT CONNECTIVITY PUBLIC REALM MARKET ANALYSIS AND & URBAN DESIGN DEVELOPMENTTOOLS Connor Cox Britton Jones, PEA led Kamp (LCG) Andrew Drescinier, AICP Senior Transportation Public Realm and Market Analysis Design Lead Planner Infrastructure Jennifer Shuch (LCG) Analyst 2 1J N 0 'JN H) Il 'i MAI J, AL1, PLAN 1 11 K 1f IVI P, 14 N 3 Page 98 of 372 Page 200 of 249 Educafion it C F I I if icafi(I ps PR 0 J I (, I I lA �,l Hourty Rate: $162 ROMM Real People. Real Solutions. Mike is a principal urban planner who loves the Process of working with communities to rethink and redesign the ways in which their neighborhoods look, feel, and funiction. He has corniMUnity planning and design experience across the country, including site planning and design, public realini programming, and design, mUlbrOodall transportation planning, project nianagernent, and public engagernent facilitation. Through his work, Mike seeks to promote places that are reflective of those who use there every day. RELATED EXPERIENCE ld(:pOpportunity Site Master Plan, City of Brooklyn Center, MN TH60 Land Use Study, City of Faribault, MN Eagan NW Commons Small Area Plan, City of Eagan, MN Land Use Study, City of Monticello, MN Downtown Plan, Robbinsdale, MN Cahill District Small Area Plan, Edina, MN Proctot Transportation Plan, Duluth -Superior MIC, MN Industrial Growth Area Study, Monticello, MN Comprehensive Plan, Perry, IA Comprehensive Plan, Becker, MN Rice Street Visioning and Reconstruction Study, Ramsey County, MN Webster Avenue Planning Study, North Mankato, MN Hennepin & 1st Ave Mulfirnodal Corridor Study, Hennepin County, MN Franklin Ave Corridor Study, Hennepin County, MN 2UN ONYN 10V,N 'iMAI J, AU 1, N /0 1 11 K UH H, 0 9 Page 99 of 372 Page 201 of 249 : I PjASICIA" C' Oki PE Hourty Rate: $193 Real People. Real Solutions. SUMMARY Educafion ,d Jason has been a project engineer and project nrianager o,n nUrnerous street and utility Projects since 2004. He has worked on local, state aid, and federal aiid (projects; site development (projects; pavement management projects; and trunk utility projects. He has developed strong working relationships with other city engineers an�dl has expanded opportunities beyondl the day -to -clay engineering services for the conu-nunides fie serves by coordinating multicliscipfined and complex projects. Solving unique problems and seeing concepts come to fruition, rnotivates Jason every day. CellIficaflons EXPERIENCE 1411()l Morton Avenue Drainage Improvements, City of Elk River, MIN "1ifA1'V)011 Main Street Sidewalk Extension, City of Elk River, MIN Active Elk River Trail Improvements, City of Elk I MN fif '-fijnc,VH Lions Park Drive Improvements, City of Elk River, MN Mega Loop Trail Improvements, City of Elk River, MIN TH 10 Trail Lighting, City of Elk River, MIN Main Street Forceniain Relocation, City of Ellk River, I School Street Easements, City of Elk River, MIN Highway 1.69 1 -- Sanitary Sewer Relocation, City of Elk River, MIN Rolling Hills Sewer Extension, City of Elk River, I Windsor Park Sewer Extension, City of Elk River, I Line Avenue Cul-De-Sac Design, City of Elk River, MIN 2019 Street Improvements, City of Elk River, MN 2021 Street Improvements, City of Elk River, MN 2023 Street Improvements, City of Elk River, MN Ef I I i� A M 2 fJ / 4 0 0 W N 10 V,N 'i M A I J, A R1, JI A A N I � I K R I V 1, k, 14 N 11) Page 100 of 372 Page 202 of 249 PR 0 J I (, I I I� A M RACHEL LeMIRE, Engagement Lead Hourly Rate: $124 Real People. Real Solutions. SUMMARY Rachel is a Project COrnirni Lin !cad on spedalist at Bolton & Menk who started her career in 2020.1She enjOYS Using her AW; D(,��yt creative arid analytical skills to collaborate with others on writing crud graphic design projects. She is responsible for 0 print and onfine communication, and the dew- opment of project websites, handouts, social medlar content, maps, and newsletters. EX P E R I E N C E Rice Street Visioning Study, Ramsey County, IVIN TM 47 & TH 65 Planning and Environmental Linkages Study, MnDOT Metro 1-94 & l-35E Saint Paul Communication, MnDOT Lookout Drive Corridor Study, Mankato/North Mankato Area Planning Organization Park System Plan, City of Lake Elrno, MN Park System Master Plan, City of New London, MN Parks, Trails, and Open Space Plan Update, City of Forest Lake, MN Park System Master Plan, City of Blue Earth, MN 2 fJ / 4 0 0 W N 10 V,N 'i M A I J, A R1, A N I � I K R I V 1, k, M N I I Page 101 of 372 Page 203 of 249 Educafion of 0u1p' it ,' I I i i P I h�,' IJ J I v O o f V'n 0 1 ",) ) 1 '11; w kf I (' R � AEN, fAIESDAEN, AIC DesigIn Lead Hourty Rate: $199 ROMM Real People. Real Solutions. Andrew, is a senior urban designer at Bolton & Menk whose professional career began in 1998. His expertise span, urban: design, redevelopment planning, corer-nunity clevellopri-rent, public space design, and placemaking. Andrew appreciates the interdisciplinary approach to project solutions, as well as the expectabon of bringing creativity and innovation to all projects. of Am pl,dwi R[Ac-�;, EXPERIENCE Historic Millwork District Master Plan Update, City of Dubuque, IA Downtown Robbinsdale Master Plan, City of Robbinsdale, MIN UaIfinflons Downtown Master Plan, City of Monticello, MN hip,�ora�;i hishnft,,of ITniic,is Downtown Plan, City of Monticello, MN • I;eiohWlxoie,j ATP Cahill District Small Area Plan, City of Edina, MIN Downtown Master Plan, City of Brooklyn Center, MIN Central Avenue Small Area Plan, City of Minneapolis, MN Hillcrest Master Plan, City of Saint Paul, MIN Lowertown Small Area Plan, City of Saint Paul, MN Uptown Small Area Plan, City of Minneapolis, MN P R 0 J I (, I I l� A M 2 1J / 4 0 0 W N 10 V,' N 'i M A I J, A R1, N I � I K R I V 1, k , 14 N 12 Page 102 of 372 Page 204 of 249 Educafion A� ter d Nj'rn Phflq "ail I uh 11 i C"fl IJ11 "'t! i ',t y t)f Om 'i <&i dt P R (,) J I (, I I I� A M Hourty Rate: $190 ROMM Real People. Real Solutions. Connor is a senior transportation plainner on the Bolton & Menk team who began, his career in 2012. He is responsible for leading active transportaition planning work across Bolton & Meniks Midwest offices and is an expert in pedestrian and bicycle plains aind studIes, safe routes to school projects, cornpBete streets projects and policies, traill studies and niaster plans, and safety action plains. Connor has anniple experience with active transportation plains and studies, complete streets planning, design, and maintenance, bikeway design, corridor studies, winter maintenance, and grant funding. His Passion stems from the impact his work makes in the communities lie serves —"When we help develop a connected network of multimodal transportation facilities, we provide community members with more transportation options that are safe, attractive, healthy, and enjoyable!' EXPERIENCE Northfield Bicycle, Pedestrian, and Trail System Plan, City of Northfield, MN* Designing Downtown Denison, City of Denison, TX* Comprehensive Plan Update, City of Moorhead, MN* Wichita Places for People, City of Wichita, KS* Pedestrian Master Plan, City of Cedar Rapids, KS* Cornplpte Streets Policy and Pedestrian and Bicycle Plarl, City of Wiliona, MN* Northeast Norfolk Bicycling and Walking Network Study, City of Norfolk, NB* Complete Streets implementation, City of Minneapolis, MN* *Previous employer 2 iJ / 4 0 0 W N 10 V,N 'i M A I J, A R1, A N I � I K R I V 1, k, 14 N 13 Page 103 of 372 Page 205 of 249 At d i; I P0 f, A0j,m lJmvw, ,Cy Cel lificatIons Piuk�,,mfii Inni,isrluiliituta P R (,) J I (, I I i A M BRITTON JONES, P'LA Public Realm and infrastructure Hourly Rate: $170 Real People. Real Solutions. Britton is a senior project landscape architect who began i his career in 200& He specializes in public space design and his work alrrvs to thOUghtfUlly integrate human needs with ecological function in urban settings. lie enjoys working with clients, communities, and stakeholders to create designs that are a frarnework for development, open i spaice, and flexible programming, Britton Understands the importance of crealI places that are comirnitted to their unique context through design, materiality, and maintenance and operations reailibes. EXPENENCE Monticello Downtown Revitalization, City of Monticello, MN Brooklyn Center Opportunity Site, City of Brooklyn Center, MIN 6th St Bridge, Streetscape, and Riverfront Improvements, City of Rochester, IMN Rice Street Reconstruction, Ramsey County, MN Topeka Riverfront Activation Plan, Greater Topeka Partnership Heart of the City, City of Rochester, MN* Parks Master Plan, City of Moss Point, MS* Downtown Biloxi Master Plan, City of Biloxi, MS* Discovery Walk, City of Rochester, MN* *Previous employer 2UN ONYN IOVO� 'iMAI J, AU 1, N AN I � I K RIVE k, 10 14 Page 104 of 372 Page 206 of 249 t, I f, i dfj 11 do PI 0 J I (, I I I� A M F IIII I) III . III IIIH'" Market Analysis Lead Hourly Rate: $190 S U M HAR Y LELAND CONS ULTING lsillii�lGROUP Ted Kamp provides market analysis in support of strategic land use decisions for Public planners and private developers. Drawing on experbse ins GIS, onarket economics, and demographic anallysis, fie incorporates user- friendly information resign to convey critical market intelligence to stakeholders. His work spans a variety of development and planning contexts including Urban infill, economic development, suburban revitalization, impact analysis, arid transit-onented development. Recent client work has covered locales across the western and central LJIS. In addition, fie taught the Ulrban Market Analysis couirse for planning graduate students at the University of Colorado -Denver for five years. After receiving a BBA (with honors) from the University of Oklahoma and an MS in Marketing/Consumer Behavior from the University of Arizona, 'Fed provided research and strategic planning services for the Leo Burnett advertising agency in Chicago. EXF1 ER � E N C E Downtown Plan Update, City of Sioux Falls, SD Downtown Redevelopment Plan, City of Albuquerque, NM Town Center Market Study, City of North Salt Lake, UT Burnsville Center and Corridor Plan, City of Burnsville, MN Citywide Retail Strategy, City of Westminster, CO 2 1J / 4 0 0 VN 10 V,' N 'i M A I J, A 1, A N I � I K 1f I V 1, k , 14 N 15 Page 105 of 372 Page 207 of 249 r�I kls P R 0 J I (, I I i� A M J II III I III E li'I, S I U C H Market Analyst Hourly Rate: $165 S U M HAR Y LELAND CONS ULTING lsillili� GROUP Jennifer Shuch is a data -driven, equity -focused planner- who strives to understand urban environments frorn, the perspective and needs of a wide variety of users. She believes that greater inclusivity creates stronger COMMUnities and fosters economic growth. Her passion for urbain and economic planning sterns from her interest in accessibility and universal design as well as her experiences living ins a variety of urban, suburban, and rural conimunides. Jennifer is expei ienced in rnarket analysis using a combination of quantitative and qualitative data. She combines clear ly written assessments with data visualizations and has experience with statistical tools including R-Studio and GeoDa. She has also written articles, blog posts, and white papers on local housing policies and previously wrote, hosted, and edited a podcast focusing on current events in real estate, infrastl Ucture, and transit in the Pacific Northwest. Before joining Leland Consulting Group, Jennifer was the Senior Research Analyst at a Portland -based multifamily real estate brokerage serving Oregon and Washington. Jennifer holds a Master of Urban planning degree from the University of South California, a Master of Middle East and Mediterranean Studies from King's College London, and a Bachelor of Arts in Religion from Haverford College. EXPENENCE Downtown Market Demand and Economic Strategy, City of Great Falls, MI Downtown Redevelopment Plan, City of Albuquerque, NM Old Town Subarea Plan, City of Battle Ground, WA Economic Development Strategy, City of Vineyard, UT Downtown Parking Lot Property Planning, City of Sandpoint, ID 2UN ONYN 10V,N 'iMAI J, AU 1, N AN I � I K 4HVI,k, f0 16 Page 106 of 372 Page 208 of 249 M11A IMM We have developed a proposed schedule outlining anticipated tasks, major defiverables, and suggested completion date. We have also deve4oped a proposed fee that follows the scope of services and budlget described in this RFP and is based on our experience in developing similar downtown, plans. Expenses beyond the agreed scope of services and non -routine expenses, such as large quantities of prints, extra report copies, outsourced graphics and photographic reproductions, document recording fees, outside professionall and technical assistance, and other items of this generall nature win be invoiced separately. Upon selection, we will work with city staff to revise and update this scope, schedule, and fee as needed to ensure successful project delivery. This fee estimate and proposal will remain valid for up to 90 days from the submittal date. a Project Management $11,700 12% U Engagement and Outreach $18,500 19% N Existing Conditions and Market Assessment $21,000 211% 3.0 Downtown Framework Plan and $27,800 28% Recommendations 4.0 Implementation Plan $8,200 8% U Final Downtown Plan $7,200 7% LCG On -site Visit (x2) $5,000 2 fJ N 0 ( Y N [ 0 V,' N 'i M A I J, A R1, A N I � I K R IV 1, k, 14 N 17 Page 107 of 372 Page 209 of 249 ( fl y of Efl*K=t:,� River' 13065 (')r()iio Parkwav Elk River, MN 5533b TFUS is madc this 17th &lN, OfjUnc, 2024, between tile Clt�r of lJk ]Zlver, Minnesota ('(alt)"), whose busiticss address is 13065 ()roii(,,) Parkwa�r, FIlk River, MN 55330 and Boltoa & Menk,Inc. ("Consulta tit") whose business aiddress is 111 W,ashington,Ave South, Suite 650, Nfitineapolls,MN 55401., PRELIMINARY STATEMENT "I'lle City has aldopted as poliq regarding the selectionand hiring of consultants to provide as ThAt j)OliC)y M]Uires that persons, firms, r varich! Of professional services for CiI ty projects. coal,-)(xnhoris providing such senices, enter into written agreements Nvith the Cih,- The pUrpOSC of this agreement is to set forth the terms and conditions for the profcssional, services ('1011SUltant will provide in connection with the 2024 Downtown Small Area Plan herein referred to as the "Work". The (,It\r and Consultant agree as follows: 1. �Work. "I'lic Consultantagrees to provide the professional scivices dcscn'bed ill x,�attachcd hereto (the "Work")�. 2. Time for Performance of Services. The Consultant shall perform, the set -vices described in Exhibit A according to the schedule attached as 1,%xhibit B, hereto. 3. Compensation for Services. (',j*t)7 agrees to pay the Consultant $99,400 for the Work. AnN, changcs in the scol-,)c of the Work which triay, result in addition',[] compensation &C to the C011SUltant shall require I)rlor,,N7ritteii,,tl-,)I)rov,,iI b-an authorized rcprcscntativc of the ("try or by the Cllty COUnCil.The City will not pay - I I I )nzation. additional conipciisation for scrviccs that do not have prior written ',tLltll( 4. The City agrees to provide the Consultant with the I n forma tion required to conip] etc the Work. 5. Method of Payment. The ('1011SUltantshall SLIbIllit iternized hills for professional services perf,`6rn-icd under this Agrceincilt on as monthly basis. Bills stjl)mlttcd shall he paid in the same manneras other clainis made to the (Jtv. I page I of 7 Standard Agrectrient For Professional Scrviccs Page 208 of 342 6, Project Manager and Staffing. 'YhC ('011SUltant has designated the individuals identified in ]�Ixhibit z\ as the Project Manager to serve on the Proicct. The Project Manager shall be ass1stcd by other staff rucrnbers as necessary to facilitate the c,orupletion of the project in accordance with the tcrins established herein. ConSL.Iltant rnaN,, not rernove or rcl)l-,tcc the Project Nlanagcr 'Xith(Alt the approval, of the ("Itv. I 7. Standard of Care. Standard of Carc. Consultant shall exercise the sanae degree of care, skill and diligence in the perforrivance of the Work as is ordinarily exercised by rnenibers of the 1-)r()fession under sitrular cn'curi'W,,kn(:es in Nfinnesota. Consult,.,'int shall be 11,,,'ible to the fullest extent pern-utted L]nder,,,'q-,)1-)11cable law, %NT1th()ut liniltation, for',kny hIJUries, loss, or dani,,tges 1-noxiniately caused 1)y C011SUIt',"Int's breach of thl's standard of care. ConsLdtant sh',t11 put f(,,)rtli reasonable efforts to conll-,)lete its duties in a timely nianner. Consultant shall not he responsible for delays caused by factors beyond its control or that could not he reasonably foreseen at the tithe of execution of this i\greeruent. Consultant shall he responsible for costs or daniages arising front unre,,'isonable delays in the cotnplefi(,')n of the Work. 8. Audit Disclosure. 'I"he Consultant shall allow the City or its duly authorized agents reasonable access taa such of the Constiltant's books and records as are pertinent to the work perforined under this i\greernent. iNny reports, Inforniation, data, etc. given to, or pre1-,),,,'u-ed or ,,'issenibled by, the ConSLI11,111t Under th1k Agreernent which the City requests to be kel-,)t confidential shall not be ruade available to any Individw,'il or organization without the City's prior written appr( val. iNll finished or unfinished docurnents, data, StUdIeS, surveys, drawings, t-naps, models, photogn aphs, and rcl,)( rts prepared by the Consultant shall becorric the property of the City UpOn tffrulual`1011 of this Agreement, but Consultant rnay retain copies of such documents as records of the seivices provided. 9. Term. 'rhe tern-i of the Y\grecruent shall be frorn J Line 17, 2024, through May 3 1, 2025, the date of signature by the parties notwithstanding. This .agreement may be extended upon the written Mutual consent of the parties for Such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 10. Termination. This Agrectricnt may be terminated 1)y the Consultant CffCCfiVC upon sixty written 1 , (60) days' w itten noticc delivered to the City at the addrcss written a[)ovc. The City may terminate this Agrccnictit effective irritricdIately, Upon with notice to the consultant. Upon termination under this provision, the Consultant shall be pald for services rendered and reimbursable expenses until the effective date of termination. If, however the Cov ni terinates this Agreetrient because the Consultant has failed to I perft,)rtri in accordance With this Agreement, no further payment shall [)c made to the "OnSUIM11t, and the City, may retain another Consultant to undertake or coruplctc the Work. Page 2 of 7 Standard Agreement For Professional Scrviccs Page 209 of 342 I'L Independent Consultant. At all dines and forall purposcs herein, the C011SUltant is an indcl)cndcrit contractor and not an employee of the C ity.No statement hcrein shall be construed so as to find the Consultantan ernployec of the City. 12. Non -Discrimination. During the performance of this Agreerncrit, tlic Consultant shall not discritninate against any employee orapplicant for ctriployrnerit bccausc of race, color, creed, rctigion, iiational origin, sex, inarn-al status, stanis with rcgard to public assistance, disability, or age. '11-ic Consultant shall post in places available to ernployces and applicants for ernploynient, notices setting forth the provision of this 110 11-discri rill na ti on clause ,ind stating that all qualified will rece'we 'clet I Ing consi -ation for ernpk�)yn'ient. The (,onsultant the forego' requirements of this pantgraph in all of its subc()ntr;icts for progn,'un ind will require all of its subcontractors for SUCh work to incorj-)ontte such requiretnentS in all subc(�;)ntr;,'icts for pre gn,'irn %NT(,,)rk. 13. Assignment. Neither lxirty shall assign this ikgreenient, nor any interest arising herein, without the prior written Consent of the other party. 14. Services Not Provided For. No &urii for services furnished by the Consultant not if I I I I specifically provided for in A shall he honored by the Oh'. 15. Severability. T'he provisions of this Agreement are severable. If any portion hereof is, for any reason, held by as court of c(:)rnpetent jjUrisd1cti(,')n to be c(:)ntrary to hiw, sUCII decision sh,,,dl not affect the reni,,uning 1-novisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all and agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements prescritly in effect between the parties relating to the subject rnattcr hereof. Any, alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when cxpressed in writing and duly signed by the parrICS, UnICS."; otlicnvisc provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, miles and regulations pertaining to the provisions of ser6ccs to be provided. The Consultant and City, together with their respective agents and crnpk)yces, agree to abldc by the pr(::)vlsions of the M1rines(.,)ta Data Practices Act, 1Minnesota Statutes Section 13, as amended, and Minnesota Itules pronaulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the sei6ces to be provided shall constitute a niaterial breach of this agreement and entitle the City to Mirriediately terminate this Agreernent. 18. Waiver. Any waix,cr by either party of a breach of any provision of this Agreement shall not affect, in any respect, the validiq of the retrialildcr of this Agreement. 19. Indemnification. (011SUItant agrees to defend, indemnify and hold harrnlcss the City and its officials, employees and agents from any liability, clairns, damages, costs, page 3 of 7 Standard Asa rectrient For Professional Scrviccs Page 219 of 342 IOSSCS jUdgincrits, or expenses, including rcasonat)Ic attorneys fees, resulting directly, or indirectly, from as negligent act or omission (including without 111-11it',M011 professional errors or omissions) of the Consultant, its agents, employees, or su hcon tractors in the performance of the services providc(i hy this Agreement ancl against <ill losses I)y, reason of the failure of said Consultant fully to perform, in any respect, all (,4)ligations under this Agreement. 19. Insurance. ,N. Certificate of Liability Insurance identifying the City of 1,-'.lk River as an a(lditional 'nsure(l . RecorsAccess. lie 20011SUltant sh,,t]] provkie the C'itv access to anY books, ckx:urnents, an(] rec()rds which are directly I-,)erfit ient to the sj-.)ec1fic for the pUri-x,)tie of raking aMilt, exuninttion, excerpts, ,,ind transcr1j-,)tft,)ns, for three years after final payments and all other pending niatters related to this contract are. closed. 21. Ownership of Documents. All plans, (11,tgnitns, ,tn',ilyses, rep(�:)rts, rnal)s, cl-igit',t] files, and information generate(l in connection with the performance of the agreement ("Inforrnatlon") shall become the property of the City. 'I'he Cih, may use the Information for its purposes and the Contractor also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this z\greenient (Troject") does not relieve any liability (:)n the part of the Contractor, [Rit any reuse of the Information by the City or the Contractor beyond the scope of the Project is WithOUt liability to the other, and the party rCUSIng the hift,)rtriation agrees to defend and indemnify the other frorn any claims orliaclaility resulting therefrom. 1,'Inal Documents shall be submitted in PDF format. 22. Subcontractor. The Consultant shall not enter into S Ubcon tracts for services provided under this iNgreenient except as note(i in 1`Ixhiblt A, without the express written consent of the City-. The Cons ul tant shall pay any- subcontractor involved in the performance of this Agreement within the ten (16) days of the Consultant's receipt of payment by the City for undisputed services provkie(i by the subcontractor. If the Consultant falls within that time to pay the subcontractor any Undisputed amount f(,,)r,,%,hich the C011SUltant has received payri-icrit by the City, the C011SUltant shall j-,)ay, interest to the SUI)contractor on the Unpaid aMOL111t art the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for can Unpaid balance of $100 or triore is $10. For an Uril-,)a1d balance of less than $100, the Consultant shall pay the ',iCft1',1l Interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs an(i disbursements, includingattorney's fees, incurred in bringing the action. In addition, no subcontractor can file a lien against the City. page 4 of 7 Standard Agreement For Professional Services Page 213 of 242 23. Dispute Resolution/Mediation. Each dispute, claim or controN7crsy arising fr(,"li-il or related to this Agreenicrit or the relationships which result frorn this Agreement shall be sul)jcct to mediation as a condition I)rccc(.Icnt to inifiat1n,t, arbitration or legal or cqUIt',1blC actions by either party. Unless the parties agree otherwise, the rnedlation shall be in accordance with the Corritnercial Mediation Procedures, of the Arnericari Arbitration Association then currently in effect. A reqL.iest for incdiation shall be filed in writing with the American Arbitration Association and the other party. Noarbitration, or legal or eqnitablc action rnay he instituted for a period of ninety (90) days frown the filing of the request for mediation unless a longer period of tinle is prosided by agreement of the parties. Cost of rnedlation shall be shared equally bet%NTeen the parties. Mechation shall he held in the City of Elk RIN10- U111OSS another lcrc<atioaa IS I'll it ttl'effly agreed Uj)(Al by the parties. The I-)arfies shall, rnetnorialize ;kny ;,igreenicnir resulting f170111 the nle(fiation In a Mediated Settletnent Agreement, which Agrectnent shall he enforceable as ,,'k settlement in any COUrt having; Jurisdiction thereof. 24. Conflicts. No salaried officer or employee of the (,'Ity and no inerriber of the (Jtv ("("nincil (")f the (,"M, Shall hax,e a financial Interest, direct ()r indirect, in this A,greenient. The �,lolation of this provision renders the Agreernenr �,,()Id. ikny federal regLtlatlons and applicable state St;lftltes shall not be,6olated. 25. Counterparts. This Agreernenr may he executed M multiple counterparts, each of which shall he considered an orl, 26. Governing Law. This Agreement shall be controlled by li,,N,s of the State c.rf MIA-inesot,a. ExCCUted as of the day and year first written above. City of Elk River Company B�,: City ("Icrk Pagc 5 of 7 Standard Agrecrilent For Professional Scniccs Page 212 of 342 Exhibit A Project Managers Zack Carlton, AICIP City of Elk Rivcr Phone: 763.635.1035 F"mall: Z(",irlto(�),I,'.IkRIN,crMN.gov Mike "I'hompsmi, A.ICP Boltoti & Nleiik, hic. Photie: 952.207.4974 E'tnall: Nit k c.'Yholtoii-nie ii k.co tn Pagc 6 of 7 Standard Agrectnerit For Professlotia: I Scmiccs Page 215 of 342 Pagc 7 c)f 7 Standard Agrectnent For Professiona: I SciAicc!s Page 216 of 342