3.8. SR 03-07-2011 - Laserfiche WebLink

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Request for Proposals 2011 Street Improvements Page 5 of 6 -------------------------- SECTION 5: CONTRACT TERMS AND CONDITIONS Upon selection of a Consultant, an Agreement or Contract for Services shall be entered into by the City and the Consultant. It is expected that the contract will provide for compensation for actual hours expended on a not to exceed basis, and the following conditions. The contract will be amended as appropriate for each successive phase. 1. Deletions of specific components, such as individual project meetings, will be at the discretion of the City. Payment or reimbursement shall be made based on actual hours worked on the various tasks required for the project plus necessary subcontractor work (as applicable) and out of pocket expenses. Billing that exceeds the not to exceed amount will not be compensated unless a contract extension has been approved in advance by the City Council. 2. The City shall retain ownership of all documents, plans, maps, reports and data prepared under this proposal. In addition to being provided hard copy and digital documents throughout the project, upon completion the consultant shall supply the City of Elk River with a fully scanned (Laserfiche) project file. 3. If, for any reason, the Consultant is unable to fulfill the obligations under the contract in a timely and proper manner, the City shall reserve the right to terminate the contract by written notice. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. 4. The Consultant shall not assign or transfer any interest in the contract without prior written consent of the City. 5. The Consultant shall maintain comprehensive general liability insurance in accordance with Section 466.04 of the Minnesota Statutes. 6. The Consultant shall defend, indemnify and hold harmless the City of Elk River, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the Consultant's (including its officials, agents, subconsultants or employees) performance of the duties required under the contract, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Consultant. 7. The Consultant contract shall be governed by the laws of the State of Minnesota. 8. Project summaries shall be submitted with each invoice during the course of the project. Each summary shall detail the amount billed to date, work items that need to be completed, the estimated costs to complete these tasks and the projected timeline for the completion of the project. Invoices submitted to the City shall include a detailed breakdown of times, personnel, mileage, etc. chargeable for that period. SECTION 6: CONCLUSION Any requests for additional information that may be needed for the preparation of the proposal should be directed to City Engineer Justin Femrite at (763) 635-1000, or C:\Users\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\Low\Content.IES\8YEIN5ER\2011 %20RFP%20Engineering[i].doc