HomeMy WebLinkAbout5I - RFB - Compensation Study
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
October 16, 2006
51
Kelly Meyer, Assistant to the City Manager
AGENDA ITEM:
CONSIDER APPROVAL OF A RESOLUTION APPROVING REQUEST FOR
PROPOSALS AND AUTHORIZING SOLICITATION OF PROPOSALS FOR
POSITION CLASSIFICATION AND COMPENSATION STUDY.
DISCUSSION:
Introduction
The purpose of this agenda item is for the City Council to approve the Request
for Proposals for the completion of a study that will analyze the City's
classification of its employment positions, and review that our master salary
structure is competitive and consistent with the market.
Historv
The state requires government employers to periodically report compliance
with pay equity legislation. Pay equity statutes prohibit employers from paying
similarly valued positions differently when one employee group is dominated
by one gender compared to the other. Prior Lake will next be required to report
in 2008. Failure to report, or reporting non-compliance, can have significant
penalties. To that end, it is prudent, from both a pay equity standpoint, and a
market standpoint, to periodically review, analyze and update our job
descriptions, classification and compensation systems for pay equity
compliance.
Current Circumstances
Throughout the past several years, there have been changes in job
descriptions and position classifications, as well as annual adjustments to the
City's master salary plan. The goal of this study is to update the City's existing
job classification system, analyze the City's master salary plan to ensure
continuing consistency with the market, and make recommendations, if any,
for implementation of changes. The study would also establish a method for
determining classification of newly established positions, and an analysis of
pay equity compliance.
Conclusion
Staff has completed a Request for ProposalS outlining the parameters of the
study. By completing the study in the first part of 2007, the City will be able to
implement any changes it deems appropriate before reporting pay equity to the
state in 2008.
FINANCIAL
IMPACT:
Funding for this item was budgeted in the 2006 Personnel budget in the
estimated of amount of $25,000. Award of this contract will come back to the
City Council for approval.
www.cityofpriorlake.com
1:\COUNCIL\fl,m~RPTS\2006\Class & c9l'ffbtlW%2:4>47.4230 / Fax 952.447.4245
ALTERNATIVES:
The Council has two alternatives:
1. Adopt Resolution Approving the Request for Proposals for Completion of a
Position Classification and Compensation Study and Authorizing Solicitation
of Proposals as part of the Consent Agenda.
2. Remove this item from the Consent Agenda for further discussion.
RECOMMENDED
MOTION:
Alternative 1.
I :\COUNCI L \AG N R PTS\2006\Class
Study. DOC
WHEREAS.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xxx
A RESOLUTION APPROVING A REQUEST FOR PROPOSALS AND
AUTHORIZING SOLICIATION OF PROPOSALS FOR COMPLETION
OF A CLASSIFICATION AND COMPENSATION STUDY.
Motion By:
Second By:
the State of Minnesota requires that government employers periodically report
compliance with pay equity legislation; and
Failure to report, or reporting non-compliance, can have significant penalties; and
the City Council has determined that maintaining competitive salary structure is key to
maintaining quality City staff; and
the City Council has determined that it is prudent to periodically evaluate the City's job
descriptions for compliance with Pay Equity, Americans with Disabilities Act, and Fair
Labor Standards Act requirements; and
the City's classification system was last updated in 1996.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Request for Proposals for completion of a Classification & Compensation Study is hereby
approved.
3. Staff is authorized to proceed with solicitation of proposals for this work.
PASSED AND ADOPTED THIS 16TH DAY OF OCTOBER, 2006.
YES
NO
Hauaen Hauaen
Dornbush Dornbush
Erickson Erickson
LeMair LeMair
Millar Millar
Frank Boyles, City Manager
I\COUNCIL\RESOLUTIIADMINRES\Class & Camp stud~.~li'-oo@ke.com
Phone 952.447.4230 / Fax 952.447.4245
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For Questions Regarding these
Proposal Documents, contact:
Kelly Meyer, Asst. to the City Manager
City of Prior Lake
16776 Fish Point Road SE, Prior Lake, MN 55372
Ph. 952.447.9802/ E-Mail: kmeyer@cityofpriorlake.com
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
NOTICE
The City of Prior lake is seeking proposals from qualified and reputable consultants to conduct a position
classification analysis and compensation evaluation of current and proposed position descriptions within the City of
Prior Lake employment. Sealed proposals will be received at the Prior Lake Fire Station No.1, 16776 Fish Point
Road S.E., Prior Lake, Minnesota, 55372. until 3:00 p.m. on Wednesday. November 1. 2006, at which time the
proposals will be opened and read aloud. All proposals must be sealed and marked "Prior Lake Classification and
Compensation Study Proposal." Any questions regarding this Request For Proposals must be in writing and received
no later than October 26, 2006, and directed to the attention of Kelly Meyer. Asst. to the City Manager. Prior Lake Fire
Station No.1. 16776 Fish Point Road S.E.. Prior Lake. Minnesota. 55372. Phone 952-447-9802. Any questions
received will be answered in writing and distributed on October 27. 2006 to every individual that the City is aware
requested a copy of this Request for Proposals.
The Reauest for Proposal documents may be obtained from Kelly Meyer. Assistant to the City Manaaer at the
above referenced address. or by callina Ms. Meyer directly at (952) 447-9802. The City of Prior Lake reserves the
right to accept or reject any and all proposals and, at the discretion of the City Council, to waive minor and non-
material informalities or irregularities in proposals.
1
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
October 16, 2006
TO: QUALIFIED CONSULTANTS
Attached hereto you will find the City of Prior Lake's Request for Proposals to provide position classification study and
compensation evaluation. The document contains five sections: Introduction and Overview, Elements of ProDosal,
ScoDe of Work, ProDOsal Sheet. City Evaluation Worksheet.
The complete proposals must be received no later than 3:00 p.m. on Wednesday. November 1. 2006 at Prior Lake
Fire Station No.1, 16776 Fish Point Road S.E., Prior Lake, Minnesota 55372-1714. We encourage you to submit a
proposal. If you have questions, please feel free to contact me at (952) 447-9802.
Thank You,
Kelly Meyer, A st. to the City Manager
2
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
SECTION I. INTRODUCTION AND OVERVIEW
1. REQUEST FOR PROPOSALS. The City of Prior Lake is soliciting sealed proposals from qualified and
responsible Consultants to provide a position classification analysis and compensation evaluation for its full-time,
regular part-time and seasonal employees. Sealed proposals will be received at Prior Lake Fire Station No.1, 16776
Fish Point Road S.E., Prior Lake, Minnesota 55372-1714, until 3:00 p.m. on November 1, 2006. All proposals must
be sealed and marked "Prior Lake Classification and Compensation Proposal." Any questions regarding the Requests
for Proposals must be in writing and addressed to Kelly Meyer, Asst. to the City Manager, Prior Lake Fire Station No.
1, 16776 Fish Point Road S.E., Prior Lake, Minnesota 55372-1714. Questions or requests for clarification of the
proposal documents shall be received by October 26, 2006. All questions will be responded to in writing on October
27, 2006 and each Consultant who has requested a proposal package will be provided with a copy of the question
asked and the City's response. Proposal documents may be obtained from Kelly Meyer, Asst. to the City Manager, at
the above-referenced address, by telephone at 952.447.9802, or bye-mail to kmever@cityofpriorlake.com.
2. BACKROUND. The City of Prior Lake is a Minneapolis-St. Paul suburb of approximately 25,000 residents
located southwest of the metro area in Scott County. Located in one of the fastest growing counties in the nation, Prior
Lake is experiencing change at a rapid pace, and continues to be challenged to maintain its small town roots. The City
employs 80 full-time employees, 8 regular part-time staff, 5 elected officials, and 40 paid on-call volunteer firefighters.
On an annual basis, the City also employs an average of 91 seasonal staff. The City is organized under six primary
departments: Administration, Finance, Public Works, Planning & Building, Police, and Fire. Of its regular full-time and
part-time staff, 68 employees are organized into one of the following unions:
· AFSCME Council #5, Local 3884 representing technical, clerical and maintenance
employees.
· Law Enforcement Labor Services Local 1 00 representing patrol officers
· Minnesota Teamster Local 320, representing police sergeants.
All collective bargaining agreements are on a 3 year contract basis and expire on December 31st, with the AFSCME
contract expiring in 2007, and the LELS and Teamsters contracts in 2008.
Exempt and AFSCME union positions are paid on a step program. The police officer and sergeant pay plans are
negotiated by contract and include longevity compensation.
3. GOALS. The City recognizes the need to periodically review, analyze and update its job description
classification and compensation systems, and to periodically analyze its pay equity compliance. Throughout the past
several years, there have been changes in job descriptions and position classifications, as well as annual adjustments
to the City's master salary plan. The goal of this study is to update the City's existing job classification system, analyze
the City's master salary plan to ensure continuing consistency with the market, and make a recommendation, if
necessary, for implementation of any recommended changes. The study should also establish a method for
determining classification of newly established positions, and an analysis of pay equity compliance.
4. CONTENTS OF PROPOSAL DOCUMENTS. This Request for Proposals describes the information required
from all Consultants and the criteria the City will use in making its decision. It also describes the contractual terms
and requirements the successful Consultant will be required to conform with. Acceptable proposals must comply with
the provisions under Section II: Elements of Proposal. Following the selection by the City Council of the successful
Consultant, the successful Consultant will be required to enter into the City's Standardized Contract for Professional
3
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
Services, which is attached hereto as Exhibit 2 The successful Consultant will also be required to comply with all of
the terms and conditions of the Standard Contract prior to beginning work, including submitting appropriate
Certificates of Insurance.
5. SUBMISSION OF PROPOSALS. All Consultants shall fully familiarize themselves with the City's Request for
Proposals. Consultants will be deemed to acknowledge their familiarity with the entire Request for Proposals packet
by virtue of submitting a proposal. Written Addendum will be issued in response to appropriate written questions or
requests for clarifications that seek to clarify any material provision in the proposal documents and are received on or
before October 26, 2006. In no event shall a Consultant rely on any oral interpretation or representation of City staff in
preparing their proposal.
5.11f proposals are sent by mail, it is the Consultant's sole responsibility to assure that the City receives the
proposal by the date, time and at the location specified herein.
5.2The City reserves the right to cancel this Request for Proposals or postpone the date and time for submitting
proposals at any time prior to the submittal date and time. The City reserves the right prior to the date for
submission of proposals to modify, in whole or part, any portion of this Request for Proposals. Each
Consultant who has requested a copy of the proposal documents shall be notified in writing of any
modification to the Request for Proposals by Ms. Meyer. This Request for Proposals does not obligate the
City to enter into a contract for the work requested herein. Further, the City reserves the right to reject any
and all proposals, to reissue a revised Request for Proposals and to waive any non-material informalities or
irregularities in proposals. A non-material irregularly or informality is one where no Consultant will be
prejudiced if an informality or irregularity is waived. The ability to waive an informality or irregularity lies solely
with the City Council upon a finding by the Council that the waiver will not materially prejudice any Consultant.
6. CONTACTS WITH MEMBERS OF THE CITY COUNCIL. The City Council desires to make a decision which is
in the best interest of the City of Prior Lake and Prior Lake taxpayers. In order to facilitate an objective decision and to
protect the integrity of the process, no Consultant or individual on behalf of a Consultant shall contact any member of
the City Council to discuss the Request for Proposals.
7. DATA PRACTICES ACT. Any proposal submitted to the City is subject to the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13.
7.1 Data submitted by a business to a government entity in response to a Request for Proposals as defined in
section16C.02, subdivision 11, are private or non public until the proposals are opened. Once the proposals
are opened, the name of the Consultant and the dollar amount specified in the response are read and
become public. All other data in the Consultant's response to a proposal are private or non public data until
completion of the selection process. For purposes of this section, "completion of the selection process" means
that the government entity has completed its evaluation and has ranked the responses. After a government
entity has completed the selection process, all remaining data submitted to all Consultants are public with the
exception of trade secret data as defined and classified in seciton13.37. A statement by a Consultant that
submitted data are copyrighted or otherwise protected does not prevent public access to the data contained in
the proposal.
7.21f all responses to a request for proposals are rejected prior to completion of the selection process, all data,
other than that made public at the proposal opening, remain private or non public until a re-solicitation of
proposals results in completion of the selection process or a determination is made to abandon the purchase.
4
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
If the rejection occurs after the completion of the selection process, the data remain public. If are-solicitation
of proposals does not occur within one year of the proposal opening date, the remaining data becomes public.
SECTION II. ELEMENTS OF PROPOSAL
Section II of this Request for Proposals describes the information each proposal must contain. The format of the
proposal must follow the numeric order set out below. Each proposal must address the following:
1. EXPERIENCE The Consultant should describe their experience compiling, reviewing, analyzing, developing,
and presenting a job classification and compensation system that meets Federal and State classification,
compensation and pay equity standards for governmental clients, together with the date of such contract, scope of
work, and contract price. A Responsible Consultant is an individual or entity which has successfully managed and
completed similar projects for Minnesota municipal or state agencies. Submitted Proposals shall propose a project
manager for this project and include a resume of that individual's qualifications.
2. PROPOSAL BOND. Each Consultant shall include a Proposal Bond in the amount of Five Thousand Dollars
($5,000.00.) The Proposal Bond shall be forfeited by the successful Consultant, if after the selection by the City
Council, the Consultant fails to enter into the City's Standardized Contract for Professional Services. The Proposal
Bond shall also be forfeited if the Consultant withdraws its proposal after proposals are open. A certified check may be
used in lieu of a proposal bond.
3. PROJECT OUTLINE. Each Consultant shall include an outline demonstrating the strategy and timeline for
completion of the project. The outline shall identify the process for accomplishing completion of each component of
the project.
4. SUBMISSION OF PROPOSAL AND PROPOSAL CONTENT. Each Consultant shall submit an original and
seven (7) copies of its proposal. In addition to the required resume and the proposal bond, the proposal proposals
shall contain the following:
General Reauirements
a) Letter of transmittal showing the consultants name, address, telephone number and date submitted. The title
sheet shall be signed by an officer of the company indicating management's approval and support of the
proposal.
b) Name of project manager as required above.
c) Qualifications and references as required above.
d) Outline of proposal demonstrating strategy for completion of the project.
e) Proposal Bond as required above.
Time-Cost Section
n Proposal Sheet identifying proposed not-to-exceed project cost, including any and all labor, materials, fees,
licenses, surcharges and sales tax during each of the following project components:
· Position analysis
· Position classification evaluation
· Compensation analysis
· Classification & Compensation system structure update
· Classification & Compensation system testing for equity
· System presentation, implementation and training
5
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
· Assistance in first pay equity reporting following implementation..
g) Proposed project timeline by the Consultant from procurement to substantial completion.
Prooosal Format
h) The proposal submission described herein shall be either comb or ring bound with partitions between
sections in the following order of documents:
· Transmittal Letter
· Qualifications and References, including certifications.
· Bond
· Project Outline and Timeline
· Proposal Sheet.
4. ALL PROPOSALS MUST BE COMPLETE. Consultants must respond fully and completely to each
requirement and request for information to be considered responsive to this Request for Proposals. Failure to provide
information requested in this Request for Proposals shall deem the proposal to be rejected from consideration and
non-responsive.
5. QUALIFIED AND RESPONSIBLE CONSULTANT AND RESPONSIVE PROPOSAL. In order for a proposal
to be considered, the Consultant must be found to be a Qualified and Responsible Consultant and the Consultant's
proposal must be found to be responsive to the Request for Proposals. The term "Qualified Consultant" means the
Consultant has:
a. Provided the same or similar services in a satisfactory manner. Same or similar services mean that
the Consultant has satisfactorily conducted similar evaluation and analysis of position classification and
compensation systems of this type and magnitude for other governmental units.
c. Demonstrated adequate managerial experience and capabilities of persons who will be responsible
for project completion.
d. Each Consultant must submit three (3) references. The references must be able to attest to the
Consultants experience and capabilities. The Consultant shall provide the name, address and telephone
number of each reference. If the Consultant is the lowest Consultant, the City will determine through the
criteria set forth herein whether Consultant is a Responsible Consultant, including references.
e. The Consultant must be willing to enter into and meet all the terms and conditions of the City's
Standard for Professional Services attached hereto.
f. Each Consultant will have met all of the terms and conditions of this Request for Proposals.
6
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
SECTION III. SCOPE OF WORK
The work to be completed includes providing professional services with integrative support services to update the
City's existing job classification system, analyze the City's master salary plan to ensure continuing consistency with
the market, and make a recommendation, if necessary, for implementation of any recommended changes. The work
should also establish a method for determining classification of newly established positions. The scope of work shall
include, but not be limited to, the following work products in order to meet the project goals:
· Development of job descriptions and classification for the following potential future positions:
IT/MIS Technician, Volunteer Coordinator, Fire Dept. Secretary-PT, Assistant Finance Director,
Licensing Clerk, Finance Coordinator, Code Enforcement Officer, Deputy Police Chief, Police
Detective Supervisor, Police Captain, Engineering Project Coordinator, Water Treatment Plant
Operator, Parks Superintendent, Streets and Utilities Superintendent, Seasonal Building
Attendant.
· Evaluation of existing job descriptions, including recommendations to assure compliance with
ADA, FLSA, pay equity legislation, and other State and Federal requirements.
· Determine exempt and non-exempt status for each position.
· Update classification system for objective ranking of each position and the provision of internal
pay equity;
· Evaluation and analysis of each position to determine job value with recommendations for
necessary revisions;
· Provide a wagellabor market survey and analysis of the City's existing master salary structure
while assuring compliance with State pay equity compensation standards.
· Provide recommendations and options for updating the City's performance evaluation system.
· Provide system testing to assure compliance.
· Provide recommendations for a process for evaluating requests for reclassification and/or
compensation changes.
· Provide implementation support and maintenance training on the system.
· Post contract services involving assistance with the first state pay equity report following
compensation review to assure compliance.
· Establish and provide concrete schedules for each of the components of the study.
· Present to the City Manager, City management staff, labor unions, and the City Council as
needed.
· Provide an itemized fee schedule for work included in the scope of work and a payment plan
based on completion of each of the components of the study.
7
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
SECTION IV. PROPOSAL SHEET
Position
Analysis
Position
~:~:::ntion -!-
compensat=-tion I
Analysis
CiiSSfflCatlon & I -
Compensation
System Update
Classiflcation &
Compensation ,
System Testing!
for Equity
System
Presentation,
Implementation
& Training
Assistance in
first pay equity
..._~~P9l!!!.fl~._
TOTAL NOT TO EXCEED COST
8
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
SECTION V. CITY EVALUATION WORKSHEET
SUBMITTED BY:
ADDRESS:
PHONE:
E-Mail:
1. Determine Whether Consultant is Qualified Consultant
2. Determine Whether Complete Proposal Packet Submitted
NOTE: Failure to provide required proposal bond shall disqualify the Consultant from award consideration.
3. Determine if submitted Project Outline and Timeline are appropriate.
4. Evaluate the Ability to Update the Study for on-going pay equity compliance.
5. Determine Total Consultant Hours for Project and Amount of Proposal:
TOTAL "NOT TO EXCEED" PROPOSAL
(including Consultant hours, sales tax and additional fees and/or surcharges, if any)
Number of Consultant Hours Required/Provided for Completion of Project Hours
TOTAL COST $
9
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
ATTACHMENT 1-JOB POSITION TITLES BY DEPARTMENT
1. Administration 6. Police
- Assistant City Manager - Community Service Officer-PT
- Assistant to the City Manager - Deputy Chief of Police**
- Cable Technician - Detective
- City Manager - Detective Supervisor**
- Communications Coordinator - Lieutenant (Operations Commander)
- Economic Development Director - lead Police Secretary**
- Administrative Assistant - Police Chief
- IT/MIS Technician** - Patrol Officer
- Receptionist/Secretary - PT - Police Secretary
- Volunteer Coordinator** - School Liaison Officer
- Sergeant
2. Fire - Captain**
- 18t Assistant Fire Chief (Paid on-call)
- 2nd Assistant Fire Chief (Paid on-call) 7. Public Works
- Fire Chief (Paid on-call) - Assistant City Engineer
- Firefighter (Paid on-call) - Civil Engineer
- Fire Dept. Secretary (PT) ** - Engineering Project Coordinator**
- Engineering Secretary
3. Finance - Engineering Tech I
- Accounting Clerk Engineering Tech II
- Accounting Supervisor Public Works Tech II
- Assistant Finance Director** Engineering Tech III
- Benefits & Payroll Coordinator** Engineering Tech IV
- Finance Director Lead Park Maint.- Athletic Fields & Forestry
- Licensing Clerk** Lead Park Maint.- Park Operations & Admin
- Utility Billing Clerk Lead Maintenance Worker - Streets
- Utility Billing Coordinator Lead Maintenance Worker - Utilities
4. Parks and Recreation - Mechanic
Recreation Programmer - Park Maintenance and Fleet Supervisor
- Park Maintenance Worker V
Recreation Secretary -
- Public Works Coordinator
Recreation Coordinator -
- Public Works Director/City Engineer
-
5. Planning - Public Works Secretary
Building Inspector - Streets/Utilities Maintenance Worker VI
Building Official - Streets/Utilities Maintenance Supervisor
Building Secretary - Streets/Utilities Maintenance Worker V
Code Enforcement Officer** - Water Resources Engineer
Planner - Water Treatment Plant Operator**
Planning Coordinator - Parks Superintendent**
Director of Planning & Building Inspections - Streets/Utilities Superintendent**
- Planning Secretary 8. Seasonal Lifeguard
- Zoning Administrator** 9. Seasonal Maintenance Worker
** Positions descriptions to be developed 10. Seasonal PlaygroundlTot Lot Leader
10
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
ATTACHMENT 2 - STANDARD CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the _day of , 20_, between the City of Prior
Lake, Minnesota (hereinafter "City"), whose business address is 16200 Eagle Creek Avenue S.E., Prior
Lake, MN 55372-1714, and . a Minnesota corporation (hereinafter "Consultant")
whose business address is
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this agreement is to set forth the
terms and conditions for the provision of professional services by Consultant for _
hereinafter referred to as the 'Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A"
in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described in
Exhibit A within the following timeframe unless otherwise agreed upon in writing:
3.
Compensation for Services. City agrees to pay the Consultant $
services as described in Paragraph 1 (and Exhibit A).
for
the
A. Any changes in the scope of the work which may result in 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 that do not
have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the Scope of
the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary the City
shall obtain access to and make all provisions for the Consultant to enter upon public and
private lands or property as required for the Consultant to perform such services necessary
to complete the Work.
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REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
B. Consideration of the Consultant's Work. The 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 of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria,
including but not limited to, design and construction standards they may require in the
preparation of the report for the Project.
D. Owner's Reoresentative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for
professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in
the same manner as other claims made to the City.
A. Proaress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate
for each employee, his or her name, job title, the number of hours worked, rate of pay for
each employee, a computation of amounts due for each employee, and the total amount
due for each project task. Consultant shall verify all statement submitted for payment in
compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable
expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as
reasonably required by the City.
B. Abandoned or Susoended Work. If any work performed by the Consultant is abandoned or
suspended in whole or in part by the City, the Consultant shall be paid for any services
performed on account of it prior to receipt of written notice from the City of such
abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated
herein by reference.
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed
for the work of special consultants, as described in Section 3B, and for other items when
authorized in writing by the City. Such items shall include: transportation of principals and
employees on special trips to the Project or to other locations, materials and supplies, and
AutoCAD as required to expedite the work, and reproduction of reports.
7. Project Manager and Staffing. The Consultant has designated and to
serve on the Project. They shall be assisted by other staff members as necessary to facilitate the
completion of the Project in accordance with the terms established herein. Consultant may not
remove or replace or , from the Project without the approval
of the City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Scott County, Minnesota for professional services of the like kind..
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such of the Consultant's books and records as are pertinent to all services provided
under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by,
12
REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
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. All
finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs,
and reports prepared by the Consultant shall become the property of the City upon termination of
this Agreement, but Consultant may retain copies of such documents as records of the services
provided.
10. Term. The term of this Agreement shall be from through, 2000
the date of signature by the parties notwithstanding. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and upon
the terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice
delivered to the other party at the address written above. Upon termination under this provision if
there is no fault of the Consultant, the Consultant shall be paid for services rendered and
reimbursable expenses until the effective date of termination. If however, the City terminates the
Agreement because of the Consultant has failed to perform in accordance with this Agreement, no
further payment shall be made to the Consultant, and the City may retain another contractor to
undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs
for the work (including payments to both the present contractor and a future contractor) which
exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant
shall be responsible for the difference between the cost actually incurred and the Agreement
amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this
Agreement except as noted in the Scope of Work, without the express written consent of the City.
The Consultant shall pay any subcontractor involved in the performance of this Agreement within
the ten (10) days of the Consultant's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any
undisputed amount for which the Consultant has received payment by the City, the Consultant
shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or
any part of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect
interest penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be construed
so as to find the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability, 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 program work, and will require
all of its subcontractors for such work to incorporate such requirements in all subcontracts for
program work.
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REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
17. 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 Agreement.
18. 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.
19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall
abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be
provided. The Consultant and City, together with their respective agents and employees, agree to
abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as
amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided shall constitute a
material breach of this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect,
in any respect, the validity of the remainder of this Agreement.
21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses, including
reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including
without limitation professional errors or omissions) of the Consultant, its agents, employees, or
subcontractors in the performance of the services provided by this Agreement and against all
losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations
under this Agreement.
22. Insurance.
A. General Liabilitv. During the term of this Agreement, Consultant shall maintain a general
liability insurance policy with limits of at least $600,000 for each person, and each
occurrence, for both personal injury and property damage. This policy shall name the City
as an additional insured for the services provided under this Agreement and shall provide
that the Consultant's coverage shall be the primary coverage in the event of a loss. The
policy shall also insure the indemnification obligation contained in Paragraph No. 21. A
certificate of insurance on the City's approved form which verifies the existence of this
insurance coverage must be provided to the City before work under this Agreement is
begun.
B. Worke~s Compensation. The Consultant shall secure and maintain such insurance as will
protect Consultant from claims under the Worker's Compensation Acts and from claims for
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REQUEST FOR PROPOSALS
Position Classification and Compensation Study
City of Prior Lake
October 16, 2006
bodily inJury, death, or property damage which may arise from the performance of
Consultant's services under this Agreement.
C. Professional Liabilitv Insurance. The Consultant agrees to provide to the City a certificate
evidencing that they have in effect, with an insurance company in good standing and
authorized to do business in Minnesota, a professional liability insurance policy. Said policy
shall insure payment of damage for legal liability arising out of the performance of
professional services for the City, in the insured's capacity as the Consultant, if such legal
liability is caused by an error, omission, or negligent act of the insured or any person or
organization for whom the insured is legally liable. Said policy shall provide an aggregate
limit of $1,000,000.
23. Records Access. The Consultant shall provide the City access to any books, documents, papers,
and records which are directly pertinent to the specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions, for three years after final payments and all other pending
matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in
connection with the performance of the Agreement ("Information") shall become the property of the
City. The City may use the Information for its purposes and the Contractor also may use the
Information for its purposes. Reuse of the Information for the purposes of the project contemplated
by this Agreement ("Project") does not relieve any liability on the part of the Contractor, but any
reuse of the Information by the City or the Contractor beyond the scope of the Project is without
liability to the other, and the party reusing the Information agrees to defend and indemnify the other
from any claims or liability resulting therefrom.
25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
Executed as of the day and year first written above.
Reviewed for form:
CITY OF PRIOR LAKE
City Attorney
Mayor
City Manager
FIRM NAME
By:
Its:
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