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4.4 SR 04-05-2021
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4.4 SR 04-05-2021
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Request for Proposals <br />Public Safety Project Expansion Improvement Page 4 of 5 <br />-------------------------- <br />and public utilities, contractors, adjacent property owners, and other <br />stakeholders. <br />3. Successful experience of both the firm itself and the individual team members <br />will be considered. <br />4. Proposed consultant cost <br />SECTION 5: CONTRACT TERMS AND CONDITIONS <br />Upon selection of a Consultant, an Agreement or Contract for Services, attached to this <br />RFP, shall be entered into by the City and the Consultant. It is expected that the contract <br />will provide for compensation for actual work completed on a not to exceed basis, and the <br />following conditions: <br />1. Deletions of specific itemized work tasks will be at the discretion of the City. <br />Payment or reimbursement shall be made based on tasks that have been <br />satisfactorily completed. Billing that exceed the not to exceed amount will not be <br />compensated unless a contract extension has been approved in advance by the <br />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 completed work tasks, as <br />determined by 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 />lawsuits, damages, losses or expenses, including attorney fees, arising out of or <br />resulting from the Consultant's (including its officials, agents, subconsultants or <br />employees) performance of the duties required under the contract, provided that <br />any such claim, damages, loss or expense is attributable to bodily injury, sickness, <br />diseases or death or injury to or destruction of property including the loss of use <br />resulting therefrom and is caused in whole or in part by any negligent act or <br />omission or willful misconduct of Consultant. <br />7. The Consultant contract shall be governed by the laws of the State of Minnesota. <br />8. Project summaries shall be submitted with each invoice during the course of the <br />project. Each summary shall detail the amount billed to date, work items that <br />need to be completed, the estimated costs to complete these tasks and the <br />projected timeline for the completion of the project. Invoices submitted tothe <br />
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