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<br />AGREEMENT <br />CITY OF ELK RIVER <br />SHERBURNE COUNTY, MINNESOTA <br />Riverbank and Swale Stabilization Projects RFQ <br />May 5, 2022 <br /> <br /> <br />AGREEMENT made this day of , 20 , between the <br />CITY OF ELK RIVER, a Minnesota municipal corporation ("City"), and RESOURCE <br />ENVIRONMENTAL SOLUTIONS, LLC, a corporation organized and existing under the laws of <br />the State of Minnesota ("Contractor"). <br /> <br />IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN <br />CONTAINED, THE PARTIES AGREE AS FOLLOWS: <br /> <br />1. CONTRACT DOCUMENTS. The following documents shall be referred to as the <br />"Contract Documents", all of which shall be taken together as a whole as the contract between the parties <br />as if they were set verbatim and in full herein: <br /> <br />A. This Agreement. <br /> <br />B. Project Description, Specifications, or Proposal dated May 5, 2022. <br /> <br />C. Breakdown: Morton Avenue Erosion Control: $10,263.00 <br /> Bailey Point Nature Preserve Bank Protection: $37,802.00 <br /> Quote dated May 12, 2022 (Total for Both Projects) $48,065.00 <br /> <br />In the event of conflict among the provisions of the Contract Documents, the order in which they are <br />listed above shall control in resolving any such conflicts with Contract Document "A" having the first <br />priority and Contract Document "C" having the last priority. <br /> <br />2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the <br />goods, services, and perform the work in accordance with the Contract Documents and in compliance <br />with federal, state, and local laws. <br /> <br />3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor the sum of <br />$48,065.00 inclusive of sales tax. <br /> <br />4. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation <br />in this Contract without the prior written consent of the other party, and then only upon such terms and <br />conditions as both parties may agree to and set forth in writing. <br /> <br />5. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or <br />before June 30, 2022 for the Bailey Point Nature Preserve project (final invoice dated the same). <br />Morton Avenue Erosion Control project completion deadline is November 1, 2022. <br /> <br />6. PAYMENT. When the obligations of the Contractor have been fulfilled, inspected, <br /> <br />1 <br />221667v1 <br /> <br />