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Plans and Specifications <br />Community Center Feasibility Plan <br />-------------------------- <br />Page 10 of 11 <br />2. The City shall not be liable for any expenses incurred by the Consultant prior to the signing of a <br />contract including, but not limited to, the Proposal preparation, attendance at interviews, and/or <br />final contract negotiations. <br />3. The Proposal must be signed in ink by an official authorized to bind the Consultant to its <br />provisions that will be included as part of an eventual contract. The Proposal must include a <br />statement as to the period during which the proposal remains valid. This period must be at least <br />90 days from the date of the submittal. <br />4. The City reserves the right to reject any and all proposals or to request additional information from <br />any or all of the proposing firms. <br />Section 6: Contract Terms and Conditions <br />Upon selection of a Consultant, an Agreement or Contract for Services shall be entered into by the City <br />and the Consultant. The standard City contract is attached. It is expected that the contract will provide <br />for compensation for actual work completed on a not to exceed basis, with the following conditions. <br />Deletions of specific components, such as individual project meetings, will be at the discretion of <br />the City. Payment or reimbursement shall be made based on actual tasks completed on the project <br />plus necessary subcontractor work (as applicable) and out-of-pocket expenses. Billing that exceeds <br />the not to exceed amount will not be compensated unless a contract extension has been approved <br />in advance by the City Council. <br />2. The City shall retain ownership of all documents, plans, maps, reports, and data prepared under <br />this proposal. In addition to being provided hard copies and digital documents throughout the <br />project, the Consultant shall supply the City with a fully -scanned (Laserfiche) project file upon <br />completion. <br />3. If, for any reason, the Consultant is unable to fulfill the obligations under the contract in a timely <br />and proper manner, the City reserves the right to terminate the contract by written notice. In this <br />event, the firm shall be entitled to just and equitable compensation for any satisfactory work <br />completed to that point at the discretion of the Parks and Recreation Director. <br />4. The Consultant shall not assign or transfer any interest in the contract without prior written <br />consent of the City. <br />5. The Consultant shall maintain comprehensive general liability insurance in accordance with Section <br />466.04 of the Minnesota Statutes. <br />6. The Consultant shall defend, indemnify and hold harmless the City of Elk River, its officials, <br />employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or <br />expenses, including attorney fees, arising out of or resulting from the Consultant's (including its <br />officials, agents, sub consultants or employees) performance of the duties required under the <br />contract, provided that any such claim, damages, loss, or expense is attributable to bodily injury, <br />sickness, diseases or death or injury to or destruction of property including the loss of use resulting <br />therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct <br />of Consultant. <br />7. The Consultant contract shall be governed by the laws of the State of Minnesota. <br />November 14, 2015 <br />