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Request for Proposals <br />Northeast Elk River Urban Services Expansion Study <br />-------------------------- <br />Page 5 of 6 <br />completed on a not to exceed basis, and the following conditions. The contract will be <br />amended as appropriate for each successive phase. <br />1. Deletions of specific components, such as individual project meetings, will be at <br />the discretion of the City. Payment or reimbursement shall be made based on <br />actual hours worked on the various tasks required for the project plus necessary <br />subcontractor work (as applicable) and out of pocket expenses. Billing that <br />exceeds the not to exceed amount will not be compensated unless a contract <br />extension has been approved in advance by the 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 work completed to that <br />point at the discretion of 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 to the <br />City shall include a detailed breakdown of times, personnel, mileage, etc. <br />chargeable for that period. <br />SECTION 6: CONCLUSION <br />Any requests for additional information that may be needed for the preparation of the <br />proposal should be directed to Brandon Wisner at 763.635.1000 or <br />bwisner&ElkRiverMN.gov. All questions must be received before 4:30 pm, May 25, 2022. <br />No questions after that time will receive a response. <br />Submittal of Proposal <br />\\dc3-elkr\shared\Departments\Public Works\Engineering\$IMPROVEMENT PROJECTS\2022 Improvement <br />Projects\Morton Avenue Subwatershed Hydrologic Modeling\REP Morton Avenue.doc <br />