1A.2, TCAAP Request for Proposals for Master Plan AUAR

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the City, including, without limitation,tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. 3. HUMAN RIGHTS. Consultant shall comply with all applicable laws and regulations including the Minnesota State Human Rights Act,.Minnesota Statutes, Section 363 and Federal, state and local affirmative actions and equal employment opportunity principles. 4. COMPREHENSIVE GENERAL LIABILITY INSURANCE. During the term of Agreement, Consultant shall maintain general liability insurance in accordance with Minnesota Statutes Section 466.04, which states, bodily injury in the amount of at least$500,000 per individual and $1,500,000 for injuries or death arising out of each occurrence. 5. PROPERTY DAMAGE LIABILITY INSURANCE. During the term of this agreement, Consultant shall maintain property damage liability insurance in the amount of at least$500,000 for each occurrence. 6. ADDITIONAL INSURED. Consultant further agrees to name the City as additional insured in said insurance policies and to provide a certificate of said insurance to the City prior to commencing work on the Project. 7. WORKER'S COMPENSATION. The Consultant shall carry Workers' Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd. 2. Consultant agrees to provide the City with a certificate of said insurance. 8. PROFESSIONAL LIABILITY INSURANCE. The Consultant agrees to maintain professional liability insurance in the amount of$1,500,000 during the term of this Agreement. 9. NOTIFICATION/CANCELLATION. The Consultant agrees to notify the City twenty (20) days prior to cancellation or a change in any of the insurance policies. 10. WORK PRODUCT. Consultant agrees that the City will own and have the right to use, reproduce and apply as it desires, any data, reports, analyses and materials which are collected or developed by Consultant or anyone acting on behalf of Consultant as a result of this Agreement. 11. PAYMENT. Payment or reimbursement shall be made based on actual hours worked or expenses incurred by the Consultant and any subcontractors. Billing that exceeds the not-to- exceed amount will not be compensated unless a contract extension has been approved in advance by the City Council. Project summaries shall be submitted with each invoice during the course of the project. Each summary shall detail the amount billed to date, work items that need to be completed,the estimated cost to complete these task and the projected timeline for the completion of the project. Invoices submitted to the City shall include a detailed breakdown of times, personnel, mileage, etc., chargeable for that period. 12. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the Consultant and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 13. ADA. The Consultant agrees to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Consultant agrees to hold harmless and indemnify the City from costs, including but not limited Page 18 of 20