HomeMy WebLinkAbout01(A) - Request for Statements of Qualifications (SOQ - Consultant Pool) (45 Min.) Report
MEETING DATE:January 21, 2020
PREPARED BY:Andy Brotzler, Public Works Director/Engineer
PRESENTED BY:Andy Brotzler
AGENDA ITEM:Requests for Statements of Qualifications (SOQ) –Consultant
Pool
GOAL AREAHigh-Value City Services
OBJECTIVE: 5. Grow collaborations to provide efficient and cost-effective
services to the community.
RECOMMENDED ACTION:
City Council Review and Information –No Action Requested
BACKGROUND:
Public Works and Engineering staff in collaboration with the City Attorney have
developed a Request for Statements of Qualifications (SOQ) for engineering related
professional services to establish a professional services consultant pool for the city.
The development of a consultant pool for the city of Prior Lake will provide the city with
better access to a variety of pre-approved consultants providing general municipal
services and several specialty areas. The objective of developing a consultant pool is
to streamline the consultant selection process on a project-by-project basis for direct
negotiation of a project scope, schedule and fee.
The request for statements of qualifications (attached) includes several service areas
identified below:
•General Municipal Engineering
•Technical/Specialty Services
oLandscape Architecture
oNatural Resources
oSoils and Materials
oTraffic/Transportation
oUtilities
Also included within the request for statements of qualifications is the city’s Master
Service Contract which all selected firms will execute with the city. In addition to
procedural improvements, the establishment of a consultant pool will provide the city
with immediate access to a range of proven and consistent consultants with known
qualifications and contracting terms which will facilitate the establishment of more timely
and effective professional services contracts.
Statements of Qualifications from interested consultants are scheduled to be submitted
to the city on February 20, 2020. It is intended to review and rank the proposals on the
basis of qualifications by a city selection team consisting of the Public Works
Director/City Engineer, Assistant City Engineer, Maintenance Superintendent, and
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Water Resources Engineer.
The proposed schedule for the SOQ process is as follows:
Council Review of RFQ January 21, 2020
SOQ Release January 24, 2020
Deadline for Questions February 6, 2020
SOQ Proposals Due February 20, 2020
Interviews (if applicable) February 24, 2020
Contract Awards (tentative) March 2, 2020
Upon selection of the consultant pool, the selected firms will be presented for approval
to Council at a future meeting.
ALTERNATIVES:
⦁
None
ATTACHMENTS:
⦁
Consultatnt Pool Request for SOQ FINAL
⦁
Consultant Pool Master Contract Form FINAL
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Public Works Consultant Pool
Master Agreement
____(Consultant Name)____
This contract is between the City of Prior Lake, Minnesota ("City"), whose business
address is 4646 Dakota Street SE, Prior Lake, MN 55372, and
____________________________________________, a Minnesota
______________________("Consultant") whose business address
is___________________________________________________________________
_______________________________.
Based on the mutual promises and covenants set forth herein, the sufficiency of which
are hereby acknowledged, the City and Consultant agree as follows:
⦁
Scope of Work
. Consultant agrees to provide, perform and complete all the
services requested by the City (“Work”) in each work order issued by the City
(“Work Order”). All Work shall be performed pursuant to the applicable Work Order
and shall be subject to the terms and conditions of this contract (collectively this
contract and all Work Orders issued by the City pursuant to this contract are the
“Agreement”). The categories and types of services to be provided under this
Agreement and the corresponding fees and charges are set forth in Exhibit A. Each
Work Order shall be in the form attached hereto as Exhibit B and shall specify the
Work to be completed, the compensation for the identified Work and the timeline by
which it must be completed. No Work shall be performed by the Consultant without
a Work Order from the City.
⦁
Effective Date and Term of Agreement
. This Agreement shall become effective
upon the signature of both parties and shall continue for 5 years thereafter. In
addition, upon agreement of both parties and execution of a written extension, this
Agreement may be extended for 1 additional 3 year term.
⦁
Compensation for Services
. City agrees to pay the Consultant as set forth in
each Work Order.
⦁
Any changes in the scope of the Work which may result in an increase to
the compensation due the Consultant shall require prior written approval by
an authorized representative of the City or by the City Council. The City will
not pay additional compensation for services or materials that do not have
prior written authorization.
⦁
If Consultant is delayed in performance due to any cause beyond its
reasonable control, including but not limited to strikes, riots, fires, acts of
God, governmental actions, actions of a third party, or actions or inactions of
City, the time for performance shall be extended by the period of time lost by
reason of the delay. Consultant will be entitled to payment for its reasonable
additional charges, if any, due to the delay.
⦁
Method of Payment
. Consultant shall prepare and submit to City, itemized invoices
setting forth work performed and the payments requested under this Agreement.
Invoices shall be submitted monthly any time there is an existing, unpaid Work
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Order. In each invoice Consultant shall provide an itemized listing of all expenses
and such other documentation as reasonably required by the City. Each invoice
shall identify the applicable Work Order and shall contain the City’s project number
and a progress summary showing the current billing, past payments and any
unexpended balance under the applicable Work Order. Invoices submitted shall be
paid in the same manner as other claims made to the City.
⦁
Claims.In compliance with Minn. Stat. 471.38, by making a claim for
payment, Consultant is declaring that the account, claim, or demand is just
and correct and that no part of it has been paid.
⦁
Waiver of Claims. The Consultant’s acceptance of final payment shall
constitute a waiver of all claims by the Consultant except those previously
made in writing and identified by the Consultant as unsettled at the time of
application for final payment.
⦁
Compliance with Laws and Regulations
. In providing the Work, the Consultant
shall abide by all statutes, ordinances, rules, and regulations pertaining to the Work.
Any violation of statutes, ordinances, rules and regulations pertaining to the Work
shall constitute a material breach of this Agreement and entitle the City to
immediately terminate this Agreement.
⦁
Consultant’s Employees
. Consultant and its employees, representatives and
agents shall comply with all City policies (no smoking, parking location, check in,
sign it, etc.). Consultant and its employees, representatives and agents shall use
care, coordination and communication in order to ensure City employees and
guests are not disturbed or inconvenienced. Consultant’s employees,
representatives and agents shall be neat appearing and at City’s request wear an
identification badge approved by the City. Consultant must honor the City’s request
to reassign an employee, representative or agent whom the City determines is
unsuitable for the Work. When necessary, Consultant’s employees, representatives
and agents will be provided with keys or access cards in order to perform their work.
Any lost keys or cards that result in rekeying a space or other cost to the City will be
billed back to the Consultant. The City shall have the right to perform or require to
be performed criminal background checks on any employee, representative or
agent of the Consultant who will perform any aspect of the Work. The Consultant
shall cooperate with the City in the performance of all such criminal background
checks.
⦁
Consultant’s Representative
.Consultant shall designate a project representative
to coordinate with the City and manage the Work for each Work Order. The project
representative shall be assisted by other staff members as necessary to facilitate
the completion of the Work in accordance with the terms of this Agreement and the
applicable Work Order. Consultant may not remove or replace the project
representative without the approval of the City.
⦁
Standard of Care
. Consultant shall exercise the same degree of care, skill and
diligence in the performance of the Work as is ordinarily exercised by members of
the profession under similar circumstances in Scott County, Minnesota. Consultant
shall be liable to the fullest extent permitted under applicable law, without limitation,
for any injuries, loss, or damages proximately caused by Consultant's breach of this
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standard of care. Consultant shall put forth reasonable efforts to complete the Work
in a timely manner. Consultant shall not be responsible for delays caused by factors
beyond its control or that could not be reasonably foreseen at the time of execution
of this Agreement. Consultant shall be responsible for costs, delays or damages
arising from unreasonable delays in the performance of the Work.
⦁
City’s Obligations
. City will provide access to public and private property as
necessary for Consultant to perform the Work. City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the Work. The City shall
furnish the Consultant with a copy of any applicable policy, standard or criteria,
including but not limited to, design and construction standards, that may be required
for the Work.
⦁
City's Representative
. City shall designate a project representative with respect to
the Work. He or she shall have authority to transmit instructions, receive
information, and interpret the City's policy and decisions with respect to the Work.
⦁
Ownership of Documents
. All plans, diagrams, analyses, reports and information
generated in connection with the performance of this Agreement (“Information”)
shall become the property of the City, but Consultant may retain copies of the
Information as records of the services provided. The City may use the Information
for its purposes and the Consultant also may use the Information for its purposes.
Use of the Information for the purposes of the Work does not relieve any liability on
the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of this Agreement is without liability to the other, and
the party using the Information agrees to defend and indemnify the other from any
claims or liability resulting therefrom.
⦁
Insurance
. Prior to starting the Work, Consultant shall procure, maintain and pay
for such insurance as will protect Consultant and City against claims or loss which
may arise out of operations by Consultant or by any subcontractor or by anyone
employed by any of them or by anyone for whose acts any of them may be liable.
Consultant agrees to maintain all coverage required herein throughout the term of
this Agreement and for a minimum of two years following City’s written acceptance
of the Work.
⦁
Such insurance shall include, but not be limited to, the following minimum
coverages and limits of liability:
⦁
Commercial General Liability Insurance.
Commercial General Liability
Insurance protecting Consultant and City from claims for damages for bodily
injury, including death, and from claims for property damage, which may
arise from operations under this Agreement. The Commercial General
Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or
the equivalent. Such insurance shall cover liability arising from premises,
operations, independent contractors, products-completed operations,
personal and advertising injury, and liability assumed under an insured
3
contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial
General Liability form arising from pollution, explosion, collapse,
underground property damage or work performed by subcontractors. The
City, including its elected and appointed officials, employees, and agents,
must be endorsed as an Additional Insured using ISO Form CG 20 10 or
equivalent for Ongoing Operations and ISO Form CG 20 37 or equivalent for
Products/Completed Operations. Insurance minimumlimits are as follows:
⦁
$1,000,000 –per occurrence
⦁
$2,000,000 –annual aggregate
⦁
$2,000,000 –annual aggregate –Products/Completed Operations
⦁
Workers’ Compensation Insurance.
Workers’ Compensation Insurance
for all Consultant’s employees in accordance with the statutory requirements
of the State of Minnesota. The Consultant shall also provide Employer’s
Liability Insurance with minimumlimits as follows:
⦁
$500,000 –Bodily Injury by Disease per employee
⦁
$500,000 –Bodily Injury by Disease aggregate
⦁
$500,000 –Bodily Injury by Accident
The Consultant shall maintain “stop gap” coverage if Consultant obtains
Workers’ Compensation coverage from any state fund if Employer’s liability
coverage is not available.
If Minnesota Statutes, Section 176.041 exempts the Consultant from
Workers’ Compensation insurance, the Consultant must provide a written
statement, signed by an authorized representative, indicating the qualifying
exemption that excludes the Consultant from the Minnesota Workers’
Compensation requirements.
⦁
Business Automobile Liability Insurance.
Business Automobile Liability
Insurance protecting City and Consultant from claims for damages for bodily
injury, including death, and from claims for property damage resulting from
the ownership, operation, maintenance or use of all autos which may arise
from operations under this Agreement. Insurance minimum limits are as
follows:
⦁
$1,000,000 –per occurrence Combined Single Limit for Bodily Injury
and Property Damage including Owned, Hired, and Non-owned
Automobiles.
⦁
Professional/Technical (Errors and Omissions) Liability Insurance.
Professional Liability (Errors and Omissions) Insurance that provides
coverage for all claims the Consultant may become legally obligated to pay
resulting from any actual or alleged negligent act, error, or omission related
to the Consultant’s professional services required under this Agreement.
The Consultant is required to carry the following minimumlimits:
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⦁
$2,000,000 –per claim
⦁
$2,000,000 –annual aggregate
The retroactive or prior acts date of such coverage shall not be after the
effective date of this Agreement and the Consultant shall maintain such
insurance for a period of at least two years, following completion of the work.
If such insurance is discontinued, extended reporting period coverage must
be obtained by the Consultant to fulfill this requirement.
⦁
All of the insurance policies required by this Agreement shall comply with the
following:
⦁
The Consultant’s policies, except Worker’s Compensation Insurance and
Professional/Technical Liability Insurance, shall be primary insurance
and non-contributory to any other valid and collectible insurance
available to the City with respect to any claim arising out of the
Consultant’s performance under this Agreement including the defense
and indemnity obligations assumed by Consultant under this Agreement.
⦁
An Umbrella or Excess Liability insurance policy may be used to
supplement the Consultant’s policy limits to satisfy the full policy limits
required by this Agreement.
⦁
All insurance shall be provided on an occurrence basis and not on a
claims-made basis, except professional liability insurance or other
coverage not reasonably available on an occurrence basis; provided that
all such claims-made coverage is subject to the approval of the City
Attorney.
⦁
Any insurance limits in excess of the minimum limits shall be available to
the City.
⦁
All policies, except professional liability, shall be endorsed with a waiver
of subrogation in favor of the City, including its elected and appointed
officials, employees, and agents for losses arising from activities under
this Agreement.
⦁
It shall be Consultant’s responsibility to pay any retention or deductible
for the coveraeges required. The City may require the Consultant to
provide proof of ability to pay losses and related expenses within the
deductible and retention.
⦁
The Consultant is required to submit a Certificate of Insurance
acceptable to the City as evidence of the required insurance coverage
requirements.
⦁
The Consultant’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be
cancelled without at least thirty days’ advanced written notice to the City,
or ten days’ written notice for non-payment of premium.
⦁
The Consultant is responsible to review and ensure all subcontractors
comply with the insurance provisions contained herein and said
insurance is maintained as specified.
⦁
If the City authorizes the Consultant to be self-insured, a Certificate of
Self-Insurance must be attached.
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⦁
The Consultant shall obtain insurance policies from insurance
companies having an “AM BEST” rating of A-(minus); Financial Size
Category (FSC) VII or better and authorized to do business in the State
of Minnesota, or as approved by the City.
⦁
The City reserves the right to immediately terminate this Agreement if the
Consultant is not in compliance with the insurance requirements and
retains all rights to pursue any remedies against the Consultant.
⦁
All insurance policies must be open to inspection by the City, and copies
of policies must be submitted to the City’s authorized representative
upon written request.
⦁
The City’s failure to approve or disapprove the Consultant’s policies or
certificates shall not relieve the Consultant of full responsibility to
maintain the required insurance.
⦁
If the coverage period shown on the Consultant's current certificate of
insurance ends during the duration of the project, the Consultant must,
prior to the end of the coverage period, obtain a new certificate of
insurance showing that coverage has been extended.
⦁
No representation is made that the minimum insurance requirements are
sufficient to cover the obligations of the Consultant under this
Agreement.
⦁
Effect of Consultant’s Failure to Provide Insurance.
If Consultant fails to provide the specified insurance, then Consultant will
defend, indemnify and hold harmless the City, the City's officials, agents and
employees from any loss, claim, liability and expense (including reasonable
attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any
strict liability or negligence attributable to the City (including sole negligence)
and regardless of the extent to which the underlying occurrence (i.e., the event
giving rise to a claim which would have been covered by the specified
insurance) is attributable to the negligent or otherwise wrongful act or omission
(including breach of contract) of Consultant, its subcontractors, agents,
employees or delegates. Consultant agrees that this indemnity shall be
construed and applied in favor of indemnification. Consultant also agrees that if
applicable law limits or precludes any aspect of this indemnity, then the
indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes
of limitation have run. If a claim arises within the scope of the stated indemnity,
the City may require Consultant to take one of the following actions within
fifteen days of receiving notice from the City:
⦁
Furnish and pay for a surety bond, satisfactory to the City,
guaranteeing performance of the indemnity obligation; or
⦁
Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
⦁
Indemnification
. Consultant will defend and indemnify City, its officers, agents,
and employees and hold them harmless from and against all judgments, claims,
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damages, costs and expenses, including a reasonable amount as and for its
attorney’s fees paid, incurred or for which it may be liable resulting from any breach
of this Agreement by Consultant, its agents, representatives, contractors and
employees, or any negligent or intentional act or omission performed, taken or not
performed or taken by Consultant, its agents, representatives, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant
harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees.
⦁
Termination
.
⦁
This Agreement may be terminated at any time by either party for breach or
non-performance of any provision of this Agreement in accordance with the
following. The party (“notifying party”) who desires to terminate this
Agreement for breach or non-performance of the other party (“notified
party”) shall give the notified party notice in writing of the notifying party’s
desire to terminate this Agreement describing the breach or non-
performance of this Agreement entitling it to do so. The notified party shall
have five days from the date of such notice to cure the breach or non-
performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
⦁
Upon the termination of this Agreement, whether by expiration of the original
or any extended term or terms hereof, or for any other reason, Consultant
shall have the right, within a reasonable time after such termination to
remove from City’s premises any and all of Consultant’s equipment and
other property. Except for liability resulting from acts or omissions of a party,
arising, taken or omitted prior to such termination, the rights and obligations
of each party resulting from this Agreement shall cease upon such
termination. Any prior liability of a party shall survive termination of this
Agreement.
⦁
In the event of dissolution, termination of existence, insolvency, appointment
of a receiver, assignment for the benefit of creditors, or the commencement
of any proceeding under any bankruptcy or insolvency law, or the service of
any warrant, attachment, levy or similar process involving Consultant, City
may, at its option in addition to any other remedy to which City may be
entitled, immediately terminate this Agreement by notice to Consultant, in
which event, this Agreement shall terminate on the notice becoming
effective.
⦁
Mediation
. Each dispute, claim or controversy arising from or related to this
Agreement shall be subject to mediation as a condition precedent to initiating
arbitration or legal or equitable actions by either party. Upon service of a written
notice requesting mediation, the parties shall have ten (10) days to jointly select one
person to act as mediator. If the parties are unable to agree upon a mediator, the
parties shall ask the Scott County District Court to select a mediator. The mediation
shall be conducted pursuant to the commercial mediation procedures of the
American Arbitration Association but shall not be administered by the American
Arbitration Association. No arbitration or legal or equitable action may be instituted
7
for a period of 90 days from the filing of the request for mediation unless a longer
period of time is provided by agreement of the parties. Each party shall bear its
own costs of the mediation process. The parties shall share equally the fees and
expenses of the mediator. Mediation shall be held in the City of Prior Lake unless
another location is mutually agreed upon by the parties. The parties acknowledge
that mediation is a voluntary process, and that the mediator does not have the
authority to bind either party absent the party’s consent. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court
having jurisdiction thereof.
⦁
Notice
. Any notice required or permitted under this Agreement shall be delivered in
one or more of the following manners: (i) delivered personally; (ii) mailed by United
States registered or certified mail, return receipt requested, postage prepaid; or (iii)
deposited cost paid with a nationally recognized, reputable overnight courier. Notice
shall be delivered or directed to an officer or agent of the Consultant or to the City
Manager as applicable at the address set forth on page 1 of this Agreement. Notice
shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party in
any manner above specified, 10 days prior to the effective date of such change.
⦁
Independent Contractor
. At all times and for all purposes, Consultant is an
independent contractor engaged by City to perform the services described in this
Agreement and Consultant shall have no authority to employ persons or make
purchases on behalf of City, or otherwise bind or obligate City. No statement in this
Agreement shall be construed to find the Consultant an employee of the City.
⦁
Assignment or Subcontract
. Consultant shall not subcontract any part of the
Work; nor may Consultant assign this Agreement, or any interest arising herein,
without the prior written consent of the City.
⦁
Audit Disclosure.
Pursuant to Minn. Stat. 16C.05, Subd. 5, the books, records,
documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either
the Legislative Auditor or the State Auditor for a period of six years.
⦁
Data Practices
. Any reports, information, data, etc. given to, or prepared or
assembled by the Consultant under this Agreement which the City requests to be
kept confidential, shall not be made available to any individual or organization
without the City's prior written approval. This Agreement is subject to the Minnesota
Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices
Act”). All government data, as defined in the Data Practices Act, which is created,
collected, received, stored, used, maintained, or disseminated by Consultant in
performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Consultant shall comply
with those requirements as if it were a government entity. All subcontracts entered
into by Consultant in relation to this Agreement shall contain similar Data Practices
Act compliance language.
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⦁
Non-Discrimination
. During the performance of this Agreement, the Consultant
shall not discriminate against any employee or applicant for employment because of
race, color, creed, religion, national origin, sex, marital status, status with regard to
public assistance, disability, sexual orientation or age. The Consultant shall post in
places available to employees and applicants for employment, notices setting forth
the provision of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The Consultant shall
incorporate the foregoing requirements of this paragraph in all of its subcontracts
for the Work, and will require all of its subcontractors for the Work to incorporate
such requirements in all subcontracts for the Work. The Consultant further agrees
to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
⦁
Conflicts
. No salaried officer or employee of the City and no member of the
Council, or Commission, or Board of the City shall have a financial interest, direct or
indirect, in this Agreement. The violation of this provision renders this Agreement
void.
⦁
Rights and Remedies
. The duties and obligations imposed by this Agreement and
the rights and remedies available thereunder shall be in addition to and not a
limitation of any duties, obligations, rights and remedies otherwise imposed or
available by law.
⦁
Damages
. In the event of a breach of this Agreement by the City, Consultant shall
not be entitled to recover punitive, special or consequential damages or damages
for loss of business.
⦁
Enforcement
. The Consultant shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of
any of the rights or remedies of the City under this Agreement.
⦁
Governing Law
. This Agreement shall be controlled by the laws of the State of
Minnesota. Venue and jurisdiction for any action, suit or proceeding arising out of
this Agreement shall be only in the courts of Scott County, Minnesota or the federal
courts for the United States for the District of Minnesota.
⦁
Entire Agreement
. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently
in effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement shall be
valid only when expressed in writing and duly signed by the parties, unless
otherwise provided herein.
⦁
Severability
. The provisions of this Agreement are severable. If any portion hereof
is, for any reason, held by a court of competent jurisdiction to be contrary to law,
such decision shall not affect the remaining provisions of this Contract.
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⦁
Waiver.
No action nor failure to act by the City or the Consultant shall constitute a waiver of
any right or duty afforded any of them under this Agreement, nor shall any such
action or failure to act constitute an approval of or acquiescence in any breach
thereunder, except as may be specifically agreed in writing.
⦁
Counterparts
. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
In witness whereof, the parties have caused this Agreement to be executed by their
duly authorized agents.
CITY OF PRIOR LAKE
______________________
__________________________________
Date
Mayor
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___________________________________
City Manager
CONSULTANT
______________________
By: ________________________________
Date
11
Its: _______________________________
12
Exhibit A To Public Works Consultant Pool -Master Agreement
Categories/Types of Services/Charges
13
Exhibit B To Public Works Consultant Pool -Master Agreement
Public Works Consultant Pool
Work Order
____(Consultant Name)___
____(Project Name)____
This work order (“Work Order”) is issued on this __________ day of ___________, 20
___by the City of Prior Lake (“City”) pursuant to the Public Works Consultant Pool –
Master Agreement dated ______________(“Contract”) between the City and
_______________(“Consultant”).
Based on the mutual promises and covenants set forth herein, the sufficiency of which
are hereby acknowledged, the City and Consultant agree as follows:
⦁
Scope of Work Order
. Consultant agrees to provide, perform and complete all the
services requested by the City in this Work Order and attached Exhibit 1 (“Work”),
which Work shall be subject to the terms and conditions of this Work Order and the
Contract.
⦁
Term of Work Order.
All Work requested by this Work Order shall be completed
\[by __________________.\] OR \[in accordance with the following schedule:
___________________.\]
⦁
Compensation for Work Order\[a fixed sum of
. City agrees to pay the Consultant
$_______________\] OR \[an hourly sum of $__________, with total payments
made in each one-year period not to exceed _________________\]
as full and
complete payment for the Work requested by this Work Order.
⦁
Consultant Representative.
Consultant has designated ____________________
as Consultant’s representative for this Work Order.
ISSUED BY CITY OF PRIOR LAKERECEIVED AND ACCEPTED BY
CONSULTANT
_______________________________________________________________________
__
City ManagerBy:_________________________
Its:_________________________
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Exhibit 1 –Scope of Work Order
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ENGINEERING CONSULTANT SERVICES
REQUEST FOR
STATEMENT OF QUALIFICATIONS
January 24, 2020
1
TABLE OF CONTENTS
INTRODUCTION.................................................................3
STATEMENT INSTRUCTIONS..............................................3
STATEMENT OF QUALIFICATIONS CONTENT.......................4
CATEGORIES......................................................................5
STATEMENT EVALUATION AND CONTRACT AWARDS...........7
SCHEDULE.........................................................................8
CONTRACT EXECUTION......................................................9
CITY INFORMATION...........................................................10
2
INTRODUCTION
This request for STATEMENTS OF QUALIFICATIONS (SOQ) has been prepared by the City
of Prior Lake in order to retain the services of professional consulting firms to provide
municipal engineering services for the City. The City desires to establish various
categories of services to which one or more professional consulting firms will be
assigned. The City of Prior Lake intends to retain up to three firms for General Municipal
Engineering Services and may choose to retain at least one firm for each of the
Technical/ Specialty Services described in the Section entitled “Categories of
Consultants” below. Each of the selected firms will enter into a contract with the City
covering the selected services. For each individual project as it arises the City will draw
from the contracted firms by issuing a work order to a particular firm. It should be noted
that firms are eligible to be retained in as many of the areas as they are qualified for:
The municipal engineering services desired include all the planning, engineering, and
support activities necessary to implement various public improvements. The services
may include, but are not limited to:
⦁
Comprehensive system/ facility plans and studies
⦁
Preliminary engineering feasibility reports
⦁
Applications for various funding programs
⦁
Environmental worksheets
⦁
Design, construction and legal boundary surveys
⦁
Detailed design and plan preparation
⦁
Technical specifications
⦁
Estimates and construction contract documents
⦁
Competitive bid solicitation and evaluation
⦁
Construction engineering, inspection and observation services
⦁
Contract management the preparation of record plans and final contract close-
out reports
⦁
Miscellaneous specialty/ technical services identified herein
Selection and future work assignments will take into consideration the workload,
expertise and past performance of proposing consulting firms or any of its
representatives.
STATEMENT INSTRUCTIONS
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All responses, questions and correspondence should be directed to:
Andy Brotzler
Public Works Director/City Engineer
City of Prior Lake
4646 Dakota St. SE
Prior Lake, MN 55372
(952) 447-9832
abrotzler@cityofpriorlake.com
NOTE: All statements must be receivedat City Hall no later than 3:00 p.m., February 20,
2020.
STATEMENT OF QUALIFICATIONS CONTENT
Cover Letter / Title Page
⦁
Include an explanation of the SOQ, the name of the firm, local address,
telephone, Web site address, name of the contact person, and the date.
Table of Contents
⦁
Include a clear identification of the material by section and page number.
Consultant Profile
⦁
Include the areas of general services and/or technical expertise proposed to be
provided directly by the firm (listed below under “Categories of Consultant”).
⦁
Identify the basis of the firm’s interest for each of the specialty categories for
which the firm wishes to be considered.
⦁
Include qualifications of the firm as it relates to services to be provided.
Resumes
⦁
Include the qualifications and resumes of the professional staff that will be
routinely assigned to various City projects.
⦁
Include the name(s), experience, and qualifications of person(s) that will be
routinely responsible for the management and administration of a contract with
the City of Prior Lake.
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References
⦁
Please include a list of municipal clients where related services were provided by
staff identified in the Resumes section, and the name and telephone number of a
person who may be contacted at that municipality
⦁
Include a list of current municipal clients identifying projects in progress, the
specific activities being performed, and the name of a person who may be
contacted at the municipality
⦁
Include a list of previous or current services provided to the City of Prior Lake and
client representatives
⦁
Include a list of private clients for whom work has been or is being performed
within the City of Prior Lake, the type of project, the specific activities performed,
and the name of a person who may be contacted at that client
Fees
⦁
Please include a fee schedule for 2020, including hourly rates, specialty rates,
multipliers, percentages, etc., for the various classifications of personnel
proposed to provide services under a contract with the City. Identify what
services are excluded from these hourly rates (i.e., mileage, etc.)
⦁
Specifically state the firm’s preferred method of calculating fees for different
types of services provided
Quantity
⦁
Please submit four (4) hard copies and one digital copy of the Statement of
Qualifications (SOQ).
CATEGORIES OF CONSULTANTS
There are two (2) primary categories of consultant services anticipated:
⦁
General Municipal Engineering
⦁
Technical/ Specialty Services
The SOQ should clearly indicate whether the firm is applying for General Municipal
Engineering, Technical/Specialty Services, or both. If applying for Technical/Specialty
Services the SOQ shall clearly indicate which services it is applying for.
General Municipal Engineering
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Summary of Services
Provide technical engineering expertise in the preparation and development of
site specific and/or comprehensive system plans; prepare special studies,
feasibility reports and detailed plans and specifications for specific improvement
projects; provide the necessary professional and technical manpower to
supervise and manage improvement contracts and provide technical assistance
to the City’s professional staff as required
Planning
Prepare, review, update and revise comprehensive sanitary sewer, storm sewer,
water main, water quality, transportation, and park systems’ plans for the City of
Prior Lake
Advise staff and Council of estimated costs, alternative financing methods and
recommended schedules of needed capital improvements to implement
provisions of the comprehensive plans
Construction
Prepare preliminary engineering and feasibility reports for proposed public
improvement projects
Perform topographic surveying for design purposes
Prepare detailed plans, specifications and technical drawings necessary for the
construction of public improvements
Advertise and evaluate bids
Conduct public hearings and assist with necessary neighborhood meetings
Determine and provide legal descriptions and assist in the acquisition of
necessary easements
Conduct preconstruction meetings and coordinate with other utility companies,
contractors, governmental agencies, etc., to ensure the proper scheduling,
permit applications and general supervision of public and private improvement
contracts
Perform construction staking and location surveying
Perform inspection and construction observation services to ensure compliance
with City and other applicable agency (County, State Aid, Federal, etc.) standards
and approved plans and specifications
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Document the type and location of public improvement installations and prepare
accurate record plans reflecting all changes or modification
Prepare contract Close-Out Reports and perform the testing and inspections
necessary to recommend acceptance to staff and the City Council
Provide overall contract/ project management, acting on behalf of and as an
agent for the City
Assessments
Assists the City staff in determining the proper and equitable assessment rates to
properly finance public improvement projects
Provide cost breakdown of all related project costs to allow City staff to prepare a
detailed assessment allocation
Miscellaneous
Review, evaluate and submit suggested revisions to existing fee schedules and
assessment policies, utility user rates, public improvement financing surcharges,
and general financing of public improvement projects
Provide technical assistance and representation for the Municipal State Aid street
programs
Assist in maintaining and updating City utility and street index maps
Provide necessary information, as requested by staff, in preparation of annual
reports, budgets, bond obligation finance statements, etc.
Perform other related duties, as requested in writing, by the City Council or
authorized staff
Technical Specialty Consultant Services
These services are for consultants who are specialized in technical or limited
areas of expertise for occasional specific work programs or on-going limited
services relating to their area of particular expertise (soil testing, erosion
inspection, etc.)
Landscape Architecture
Park planning and design
Streetscape planning and design
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Natural Resources
Water quality/quantity modeling and studies
Antidegradation standards & TMDL implementation
MS4 program implementation
Water quality monitoring
Hydrologic/Hydraulic modeling and analysis
Erosion and sediment control
Wetland Conservation Act (WCA) LGU services
Stormwater Best Management Practices (BMPs) implementation
Stormwater infrastructure design
Bathymetric studies/analysis
Soils and Materials
Construction density and material testing
Soil borings
Pavement structural analysis/ testing
Pond/lake sediment analysis/testing
Traffic/ Transportation
Traffic impact/ mitigation analysis
Intersection Control Evaluation (ICE)
Site plan layout and analysis
Utilities
Sanitary sewer rehabilitation and modeling
Lift station design and rehabilitation
Water main rehabilitation and modeling
Water treatment facilities
Well design and rehabilitation
Tower design/inspections (including antenna installations)
SCADA
STATEMENT EVALUATION, FIRM SELECTION AND CONTRACT AWARDS
Qualification-Based Selection (QBS): The City intends to select and award contracts to
those firms evaluated to be best-qualified to perform the work for the City with cost,
compatibility and other performance factors also considered.
Review and Recommendation Process: Based upon review of the SOQs, the City staff
Screening Committee will recommend to the Council firms proposed to be retained. The
Screening Committee’s recommendation will be forwarded to the City Council for
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consideration and formal approval anticipated at the March 16, 2020, City Council
meeting.
Financial Liability Limitations: The City shall not be liable for any expenses incurred by
the applicant, including but not limited to, expenses associated with the preparation of
the statement, attendance at interviews, preparation of a cost statement or final
contract negotiations.
Rights of Review: The City of Prior Lake reserves the right to reject any and all SOQs or
to request additional information from all applicants.
Data Practices. It shall be understood that all submissions, responses, inquiries, or
correspondence relating to or in reference to this request for submissions, and all
reports, charts and proposal or referencing information submitted, shall become the
property of the City, and will not be returned. The City is subject to the Minnesota
Government Data Practices Act, Minnesota Statute Chapter 13, and all information
submitted is public unless classified by statute, or temporary classification or federal law
as nonpublic or protected nonpublic, or with respect to data on individuals, as private or
confidential.
Qualification Evaluation: In evaluating whether a consultant is to be included in one of
the categories, numerous factors shall be considered. Among those factors are the
following:
⦁
An evaluation of the consultant’s technical qualifications, work experience and
available personnel
⦁
Recommendations of past and existing clients
⦁
Previous experience with the City of Prior Lake
⦁
Actual or potential conflict with other clients doing business with the City of Prior
Lake
SCHEDULE
SOQ Release01/24/2020
Deadline for Questions02/06/2020
SOQ Proposals Due to the City02/20/2020
Interviews (if applicable)02/24/2020
Contract Awards (tentative)03/16/2020
The City reserves the right to modify this schedule at the City’s discretion. Notification
of changes in the response due date would be posted on the City Web site or as
otherwise stated herein.
CONTRACT EXECUTION
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Negotiations and Contract Execution
⦁
The Contract shall be in the form attached subject to negotiation.
⦁
The City reserves the right to negotiate the final terms and conditions of the
contract to be executed. Should the City and a consultant be unable to mutually
agree upon the entire contract, the City reserves the right to discontinue
negotiations, select another consultant or reject all contracts. Upon completion
of negotiations agreeable to the City and consultant, a contract shall be
executed.
⦁
Contract terms will be for five (5) years with an option for one additional term of
three (3) years; assuming satisfactory service delivery and/or continuity of
acceptable assigned personnel. The contract shall cover the general services to
be provided but shall not authorize any specific work. All specific work shall be
authorized through a work order issued by the City under the contract.
Contracting Ethics
⦁
No elected official or employee of the City who exercises any responsibilities in
the review, approval or implementation of the proposal or contract shall
participate in any decision which affects his or her direct or indirect financial
interest.
⦁
It is a breach of ethical standards for any person to offer, give or agree to give,
any City employee or Council person or for any City employee or Council person
to solicit, demand, accept or agree to accept from another person or firm, a
gratuity or an offer of employment whenever a reasonable, prudent person
would conclude that such consideration was motivated by an individual, group or
corporate desire to obtain special, preferential, or more-favorable treatment
than is normally accorded to the general public.
⦁
The firm shall not assign any interest in this contract and shall not transfer any
interest in the same without the prior written consent of the City.
⦁
To remove any potential or actual conflict of interest, a regular or specialty
consultant representing any private party client submitting a project or activity to
the City shall not represent or review the project or activity on behalf of the City.
⦁
This firm shall not accept any private client or project which, by nature, places it
in ethical conflict during its representation of the City of Prior Lake.
⦁
The City requires affirmative action and, therefore, the firm selected shall not
discriminate under the contract against any person in accordance with federal,
state or local regulations.
Selection Criteria for Projects: For each project requiring consulting services, a municipal
engineering consultant will be considered from the proper category of consultants
approved by the City Council and a work order will be issued. The following criteria are
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used for considering a consultant:
⦁
The expertise and experience of both the firm and assigned personnel with
projects or activities similar to the one under consideration
⦁
The consultant’s knowledge of particular equipment, methods, time frames and
services required
⦁
The appropriateness and flexibility of the consultant’s fee schedule in
relationship to the industry, the City’s desires and the scope of services to be
provided
⦁
The past performance of the consultant with regard to existing or previous
projects or activities with the City
⦁
The current workload of the consultant
CITY INFORMATION
City Organization
The City of Prior Lake is a statutory Plan A City. It has a Council-Manager form of
government. The City provides a full array of municipal services and general
administrative functions. The City Manager is the administrative head of the City,
manages personnel and has purchasing authority up to $20,000. The City Council
composed of four members and the Mayor, is the legislative and policy-making body of
the City.
City Statistics
Population
The City is a maturing suburban community of 20 square miles that has increased its
population as shown in the following census figures:
2000 = 16,0002010 = 22,3002015 = 25,282
Infrastructure
The City is responsible for maintaining approximately 111 miles of streets, 146 miles of
water main, 130 miles of sanitary sewer (41 lift stations) and 82 miles of storm sewer (1
lift station). There are15 lakes, more than 150 stormwater ponds, and hundreds of
wetlands interconnected through a complex storm drainage system. The City’s Water
Treatment Plant (7.5 MGD) is supplied by 6 deep wells and supports 2 elevated storage
tanks (1 MG and 0.75 MG) and an in-ground storage tank (1.5 MG) for a total storage of
3.25 MG. There are 2 booster stations (1.75 MGD at the Wilds and 0.30 MGD at Summit
Preserve) and 2 pressure-reducing stations. The City’s Well #6 provides water to the
new SMSC water plant at 1 MGD. All utility operation facilities are interconnected with a
Supervisory Control and Data Acquisition (SCADA) program.
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5-Year Capital Improvement Program (CIP)
The City Council has adopted a 5-Year CIP (2020-2024) with estimated total costs at
approximately $47M. More detailed information regarding the City’s CIP can be found
at https://www.cityofpriorlake.com/documents/finance_cip.pdf
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