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BRW Project# Page 1 BRW,INC. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES (Adapted from EJCDC Document 1910-1) THIS IS AN AGREEMENT made as of 1st day of November, 1995, between City of Mounds View, a Minnesota municipal corporation ("OWNER") with an office at 2410 Highway 10, Mounds View, MN, 55112 and BRW, Inc., also known as BRW Planning, Transportation and Engineering, Inc., a Wyoming corporation ("ENGINEER") with an office at 700 Third Street South, Minneapolis, MN, 55415. OWNER intends to construct a Pedestrian Bridge over THIO (the "Project"). OWNER and ENGINEER in consideration of their mutual covenants herein agree that the ENGINEER will furnish professional engineering services with respect to the Project and the OWNER will pay for those services, all as set forth below. Execution-of-this-Agree-rent by-ENGINEER-and-OW"`ER-constitutes-OW I£-'s-written-authorizationo ENGINEER to proceed on the date first above written with the first phase of the Basic Services described in Section 2 below and as further set forth in the Scope of Work and Schedule attached as("Exhibit A") and in the other exhibits listed in Section 9 below. This Agreement will become effective on the date first above written. SECTION 1 - GENERAL 1.1 Standard of Care ENGINEER shall perform for or furnish to OWNER professional engineering and related services in all phases of the Project to which this Agreement applies as hereinafter provided. ENGINEER shall serve as OWNER's prime design professional and engineering representative for the Project providing professional engineering consultation and advice with respect thereto. ENGINEER may employ such ENGINEER's Consultants as ENGINEER deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. ENGINEER shall not be required to employ any ENGINEER's Consultant unacceptable to ENGINEER. The standard of care for all professional services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar conditions at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 1.2 Coordination with Other Documents It is the intention of the parties that the Standard General Conditions will be used as the General Conditions for the Project and that all amendments thereof and supplements thereto will be generally consistent therewith. Except as otherwise defined herein, the terms which have an initial capital letter in this Agreement and are defined in the Standard General Conditions will be used in this Agreement as defined in the Standard General Conditions. The term "defective" will be used in this Agreement as defined in the Standard General Conditions. 1.3 Definitions Wherever used in this Agreement the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.3.1 Additional Services. Additional Services means the services to be performed for or furnished to OWNER by ENGINEER described in Section 3 of this Agreement. 1.3.2 Agreement. Agreement means this Standard Form of Agreement between OWNER and ENGINEER for Professional Services including those exhibits listed in Section 9 of this Agreement. 1.3.3 Basic Services. Basic Services means the services to be performed for or furnished to OWNER by ENGINEER described in Exhibit A and Section 2 of this Agreement. 1.3.4 Construction Cost. Construction Cost means the total cost to OWNER of those portions of the entire Project designed or specified by ENGINEER. Construction Cost does not include ENGINEER's compensation and expenses,the cost MOUNDSV.JH Rev. November 21, 1995