12/21/1998 Council Packet - Laserfiche WebLink

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Dec, 15, 1998 4:31 PM BRAVER & ASSOC -. JR PROFESSIONAL SERVICES No, 2981 P. 3/7 This Agreement is made between the City of Lino Lakes, 1189 Main Street, Lino Lakes, MN 55014 ( "City") and Brauer and Associates, Ltd. ( "Contractor ") whose business address is 7301 Ohms Lane, Suite #500, Minneapolis, Minnesota 55439. PRELIMINARY STATEMENT The purpose of this contract is to set forth terms and conditions for the provision of professional services for the Town Center Project by the Contractor for the City. Exhibit "A" outlines the scope of services to be provided under this contract. The City and the Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide professional services as described in the proposal dated December 10, 1998, the official copy of which is part of this agreement attached as Exhibit A. 2. Time for Performance of Services. The Contractor shall perform the services outlined in the proposal referenced in paragraph #1 above. 3. Compensation for Services. City agrees to pay the Contractor for services as described in Exhibit A, attached and made a part of this Agreement. 4. Method of Payment. The Contractor may submit progress billings for services provided to the City. 5. Audit Disclosure. The Contractor shall allow the City or its duly authorized agents reasonable access to such of the Contractor's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Contractor under this Agreement which the client requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All fmished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor shall become the property of the City upon termination of this Agreement, but Contractor may retain copies of such documents as records of the services provided. 6. Term. The term of this Agreement shall cover the services as defined in Exhibit "A" and extent to completion of the project no later than March 1, 1999. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. Termination. This Agreement may be terminated by either party by seven days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor and the City may retain another contractor to undertake or complete the work identified in paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified in paragraph 3, then the Contractor shall be responsible for the difference between the cost actually incurred and the Agreement amount. 8. Subcontractor. With the exception of Applied Ecological Services, Inc., the Contractor shall not enter into subcontracts for services provided in this Agreement without the express written consent of the City. Applied Ecological Services, Inc. is a stipulated Subcontractor to the Contractor for this project. 9. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 10. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.