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Plans and Specifications <br />Farm Outbuilding Removal <br />-------------------------- <br />Page 4 of 13 <br />B. Limitations <br />This request does not commit the City of Elk River to award a contract, to pay any costs incurred <br />in the preparation of the proposal to this request, or to enter into a contract for services. The City <br />is not required to select the lowest bidder, based on other criteria. The City of Elk River reserves <br />the right to accept or reject any or all proposals received as a result of this request, to negotiate <br />with any qualified source, or to cancel in part or its entirety this Request for Proposals if it is in the <br />best interest of the City. The City may require the responder selected to provide additional <br />information on their proposals as a result of direct negotiations. <br />Section 4: Contract Terms and Conditions <br />Upon Contractor selection, the attached Contract for Services shall be perfected. The contract shall <br />provide for compensation for actual work completed in accordance with the following conditions. <br />A. Deletions of specific itemized work tasks will be at the discretion of the City. Payment or <br />reimbursement shall be made based on tasks that have been satisfactorily completed. Billing that <br />exceeds the amount bid will not be compensated unless a contract extension has been approved in <br />advance by the Elk River City Council. <br />B. If, for any reason the Contractor is unable to fulfill the obligations under the contract in a timely <br />and proper manner, the City shall reserve the right to terminate the contract by written notice. In <br />this event, the contractor shall be entitled to just and equitable compensation for any satisfactory <br />completed work tasks, as determined by the City. <br />C. The Contractor shall not assign or transfer any interest in the contract without prior written <br />consent of the City. <br />D. The Contractor 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 Contractor (including its <br />officials, agents, subcontractors 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 Contractor. <br />E. The Contract shall be governed by the laws of the State of Minnesota. <br />F. Project summaries shall be submitted with each invoice during the course of the project. <br />G. The City shall retain 5% of payments until final acceptance of the work. <br />September 14, 2015 <br />