4.5. SR 09-04-2012 - Laserfiche WebLink

Home Browse Search

Request for Proposals 2013 Street Improvements Page 5 of 6 -------------------------- 2. The City shall not be liable for any expenses incurred by the Consultant prior to the signing of a contract including, but not limited to, the proposal preparation, attendance at interviews, or final contract negotiations. 3. The proposal must be signed in ink by an official authorized to bind the Consultant to its provisions that will be included as part of an eventual contract. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least 90 days from the date of the submittal. 4. The City reserves the right to reject any and all proposals submittals or to request additional information from any or all Consultants. 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 work completed 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 itemized work tasks will be at the discretion of the City. Payment or reimbursement shall be made based on tasks that have been satisfactorily completed. Billing that exceed 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 completed work tasks, as determined by the City Engineer. 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. N:\Public Bodies\City Council\Council RCA\Agenda Packet\09-04-2012\4.52013 RFP Engineering.doc