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2 <br />3 <br />4 <br />CITY OF ROSEVILLE <br />CONSULTANT SERVICES AGREEMENT <br />Attachment A <br />5 THIS IS AN AGREEMENT entered into the day of , 2009, by and <br />6 between the City of Roseville, Minnesota, hereinafter referred to as the City, and WSB and <br />7 Associates., hereinafter referred to as the Consultant. <br />8 <br />9 WITNESSETH: <br />10 <br />11 WHEREAS, the City desires to hire the Consultant to complete Twin Lakes AUAR <br />12 SubArea I Infrastructure Improvements- Construction Observation, and the Consultant desires to <br />13 perform those services for the compensation and on the terms described herein. <br />14 <br />15 NOW, THEREFORE, the parties hereto do mutually agree as follows: <br />16 <br />17 I. <br />18 <br />19 <br />20 II. <br />21 <br />22 <br />23 <br />24 III. <br />25 <br />26 <br />27 <br />28 <br />29 IV. <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 V. <br />36 <br />37 <br />38 <br />39 <br />Scope of Services. The Consultant shall perform those Services as are described in the <br />attached Exhibit A. <br />Term. This Agreement shall be effective upon the approval of the City Council and <br />execution by the Mayor and City Manager and shall continue until terminated by either <br />party upon a seven (7) day written notice thereof. <br />Compensation. The fees for the Consultant's services will be billed on and in accordance <br />with the hourly rate shown in the attached Exhibit B. Consultant's compensation for the <br />Exhibit A work is estimated at $320,194.00. Fees shall be paid within thirty (30) days <br />following receipt of a monthly invoice and status report detailing the services performed. <br />Schedule. Exhibit C contains a schedule for completion of the scope of services. It is <br />understood that if the schedule is delayed, through no fault of the Consultant, so that it is <br />no longer possible to complete the work in 2009, the hourly rates shown on the attached <br />Exhibit B can be updated to the current year hourly rates, so long as those rates do not <br />increase more than 5%. <br />Indemnification. The Consultant shall defend, indemnify and hold harmless the City and <br />its officials, agents, and employees from any loss, claim, liability, and expense (including <br />reasonable attorney's fees and expenses of litigation) arising out of consultant <br />performance of the service of this contract. <br />40 VI. Assi�nment. This Agreement shall not be assigned, sublet, or transferred without the <br />41 written consent of the City. <br />42 <br />43 VII. Conflict of Interest. The Consultant agrees to immediately inform, by written notice, the <br />44 City Engineer of possible contractual conflicts of interest in representing the City, as well <br />45 as property owners or developers on the same project. Conflicts of interest may be <br />46 grounds for termination of this Agreement. <br />