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Request for Proposals <br />17151 Avenue Area Phase 1 Improvements <br />-------------------------- <br />Page 5 of 5 <br />Following review of the RFP's by the City, only selected Consultants will be asked to make <br />oral presentations of their proposals to City representatives. Upon conclusion of the <br />presentations, staff will select a Consultant to negotiate a contract as follows: <br />1. If, for any reason, a firm is not able to commence the services in that firm's <br />Proposal within 30 days of the award, the City reserves the right to contract with <br />another qualified firm. <br />2. The City shall not be liable for any expenses incurred by the Consultant prior to <br />the signing of a contract including, but not limited to, the Proposal preparation, <br />attendance at interviews, or final contract negotiations. <br />3. The Proposal must be signed in ink by an official authorized to bind the <br />Consultant to its provisions that will be included as part of an eventual contract. <br />The Proposal must include a statement as to the period during which the <br />Proposal remains valid. This period must be at least 90 days from the date of the <br />submittal. <br />4. The City reserves the right to reject any and all Proposals submittals or to request <br />additional information from any or all of the proposing firms. <br />SECTION 5: CONTRACT TERMS AND CONDITIONS <br />Upon selection of a Consultant, an Agreement or Contract for Services shall be entered into <br />by the City and the Consultant. It is expected that the contract will provide for <br />compensation for actual work completed on a not to exceed basis, and the following <br />conditions. The contract will be amended as appropriate for each successive phase. <br />1. Deletions of specific components, such as individual project meetings, will be at <br />the discretion of the City. Payment or reimbursement shall be made based on <br />actual hours worked on the various tasks required for the project plus necessary <br />subcontractor work (as applicable) and out of pocket expenses. Billing that <br />exceeds the not to exceed amount will not be compensated unless a contract <br />extension has been approved in advance by the City Council. <br />2. The City shall retain ownership of all documents, plans, maps, reports and data <br />prepared under this proposal. In addition to being provided hard copy and <br />digital documents throughout the project, upon completion, the consultant shall <br />supply the City of Elk River with a fully scanned (Laserfiche) project file. <br />3. If, for any reason, the Consultant is unable to fulfill the obligations under the <br />contract in a timely and proper manner, the City shall reserve the right to <br />terminate the contract by written notice. In this event, the firm shall be entitled <br />to just and equitable compensation for any satisfactory work completed to that <br />point at the discretion of the City Engineer. <br />4. The Consultant shall not assign or transfer any interest in the contract without <br />prior written consent of the City. <br />5. The Consultant shall maintain comprehensive general liability insurance in <br />accordance with Section 466.04 of the Minnesota Statutes. <br />6. The Consultant shall defend, indemnify and hold harmless the City of Elk River, <br />its officials, employees and agents, from any and all claims, causes of action, <br />C:\Users\jmiller\AppData\Local\Microsoft\Windows\Tempoxary Internet <br />Files\Low\Content.IES\V4HLE5VM\RFP%20for%20Engineering%20Services [1].doc <br />