HomeMy WebLinkAbout1A Consultant Pool SOQ Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL WORK SESSION REPORT
MEETING DATE: JANUARY 21, 2020
AGENDA #: 1A
PREPARED BY: ANDY BROTZLER, PUBLIC WORKS DIRECTOR/CITY ENGINEER
PRESENTED BY: ANDY BROTZLER
AGENDA ITEM: REQUEST FOR STATEMENTS OF QUALIFICATIONS (SOQ) –
CONSULTANT POOL
ACTION
REQUESTED:
City Council Review and Information – No Action Requested
INTRODUCTION: 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
o Landscape Architecture
o Natural Resources
o Soils and Materials
o Traffic/Transportation
o Utilities
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
2
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 Water Resources
Engineer.
The proposed schedule for the SOQ process is as follows:
Council Review of SOQ 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.
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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:
1. 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.
2. 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.
3. Compensation for Services. City agrees to pay the Consultant as set forth in each Work
Order.
A. 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.
B. 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.
4. 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 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.
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A. 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.
B. 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.
5. 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.
6. 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.
7. 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.
8. 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 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.
9. 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.
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10. 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.
11. 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.
12. 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.
A. Such insurance shall include, but not be limited to, the following minimum coverages and
limits of liability:
i. 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
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 minimum limits are as follows:
• $1,000,000 – per occurrence
• $2,000,000 – annual aggregate
• $2,000,000 – annual aggregate – Products/Completed Operations
ii. 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
minimum limits as follows:
• $500,000 – Bodily Injury by Disease per employee
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• $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.
iii. 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.
iv. 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
minimum limits:
• $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.
B. All of the insurance policies required by this Agreement shall comply with the following:
i. 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.
ii. 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.
iii. 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.
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iv. Any insurance limits in excess of the minimum limits shall be available to the City.
v. 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.
vi. 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.
vii. The Consultant is required to submit a Certificate of Insurance acceptable to the
City as evidence of the required insurance coverage requirements.
viii. 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.
ix. The Consultant is responsible to review and ensure all subcontractors comply with
the insurance provisions contained herein and said insurance is maintained as
specified.
x. If the City authorizes the Consultant to be self-insured, a Certificate of Self-
Insurance must be attached.
xi. 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.
xii. 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.
xiii. 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.
xiv. 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.
xv. 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.
xvi. No representation is made that the minimum insurance requirements are sufficient
to cover the obligations of the Consultant under this Agreement.
C. 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
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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:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's
insurance company.
13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, 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.
14. Termination.
A. 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.
B. 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.
C. 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.
15. 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
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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 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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,
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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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
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In witness whereof, the parties have caused this Agreement to be executed by their duly
authorized agents.
CITY OF PRIOR LAKE
______________________ __________________________________
Date Mayor
___________________________________
City Manager
CONSULTANT
______________________ By: ________________________________
Date
Its: _______________________________
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Exhibit A To Public Works Consultant Pool - Master Agreement
Categories/Types of Services/Charges
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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:
2. 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.
3. Term of Work Order. All Work requested by this Work Order shall be completed [by
__________________.] OR [in accordance with the following schedule:
___________________.]
4. Compensation for Work Order. City agrees to pay the Consultant [a fixed sum of
$_______________] 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.
5. Consultant Representative. Consultant has designated ____________________ as
Consultant’s representative for this Work Order.
ISSUED BY CITY OF PRIOR LAKE
__________________________________
_
City Manager
RECEIVED AND ACCEPTED BY
CONSULTANT
_____________________________________
_
By:_________________________
Its:_________________________
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Exhibit 1 – Scope of Work Order
ENGINEERING CONSULTANT SERVICES
REQUEST FOR
STATEMENT OF QUALIFICATIONS
January 24, 2020
2
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
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
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 received at 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.
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 Mun icipal 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
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
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
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 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 f ollowing:
▪ 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 Release 01/24/2020
Deadline for Questions 02/06/2020
SOQ Proposals Due to the City 02/20/2020
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
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 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 pur chasing
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 = 16,000 2010 = 22,300 2015 = 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.
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