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HomeMy WebLinkAbout01-22-08 Item 1C B-2 RFP for Small Area Plan ~ ~~HILLS City Council Agenda Packet Item: ~ ~HILLS MEMORANDUM DATE: January 22,2008 Work Session TO: Mayor and City Council FROM: James Lehnhoff, City Planner SUBJECT: B-2: General Business District Request for Proposals (RFP) Review Requested Action An RFP does not require Council approval prior to issuance; however, given the importance of the B-2 District, Staff requests feedback on the proposed RFP, the timeline, and the formation of a steering committee. Backl!round On November 26,2007, the City Council issued a one year moratorium on new development and most redevelopment in the B-2 District. The B-2 District includes those properties located along the County Road E corridor between Lexington Avenue and Ramline Avenue, Connelly Avenue, and Pine Tree Drive. As part of the development moratorium, the City must move forward with a study of the area to establish a vision for development and redevelopment as well as to address the other issues in the B-2 District. At their December 10, 2007, meeting, the City Council voted to direct staff to prepare and issue an RFP to develop a small area plan for the B-2 District. The 2008 budget included $35,000 for the preparation of the small area plan. The RFP requires a public participation process and it requires the plan to address land use, transportation, environment, streetscape, design standards, and other development related issues. Steerinl! Committee The RFP makes reference to a steering committee for the planning process. Since the B-2 District impacts a variety of stakeholders, including residents, business owners, business tenants, City of Arden Hills City Council Work Session for January 22, 2008 \\Metro-inet.us\ardenhills\PlanningICommunity DevelopmentlB2 Small Area Plan\012208 - CC Report - B-2 RFP Review.doc Page 1 of2 and visitors, Staff is proposing that a steering committee be created to help guide the planning process. The steering committee would help select a consultant, review drafts ofthe plan, attend public meetings, reach out to stakeholders, and provide feedback throughout the planning process. Staff envisions a five to seven member temporary cornrnittee that would be comprised of a mix of current EDC members, Planning Commissioners, FP AC members, the City Council, and at least one member ofthe public that is not already on a committee. The cornrnittee would meet periodically throughout the course ofthe planning process. If the Council prefers not to create a steering cornrnittee, that reference can be removed from the proposed RFP prior to its issuance. If we move forward with a steering cornrnittee, Staff will prepare the necessary documents for creating the cornrnittee. The Council would need to nominate and approve the members of the cornrnittee at a future regular meeting. The City Attorney has reviewed the RFP. Proposed Proiect Schedule Staff anticipates the following planning process schedule: ~ Notification of intent to submit a proposal: February 8, 2008 ~ Proposal submission deadline: February 21,2008 ~ City selects a consultant: March 10,2008 ~ Project is completed: September 30,2008 A more detailed work plan would be created once a consultant is selected. Attachments B-2: General Business District Small Area Plan RFP City of Arden Hills City Council Work Session for January 22. 2008 \lMetro-inet.us\ardenhillsIPlanningICommunity Development\B2 Small Area P!an\012208 ~ CC Report - B-2 RFP Review.doc Page 2 of2 ~ ~HILLS DRAFT City of Arden Hills, Minnesota Consultant Services for the B-2: pare a Small Area Plan Business District City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 DRAFT - City of Arden Hills B2: General Business District Small Area Plan Request for Proposal 1. Introduction ...u..uuu.u.u.u...uuu..uu..uuu............................................................................................... ] 2. Arden Hills Information ................................................................................................................... ] 3. Study Area (map) ..............................................................................................00................................1 4. Scope of Services Outline ............................................................................................................... 1 5. Scope of Services Description ...................................................................................................... 3 a. Purpose, Vision and Fundamental Principles................................................................................. 3 b. Survey of Existing Conditions .............................................................................................................3 c. Future Land Use .........00................................................................00.00........................00.00.00....0000..00.00.00.....3 d. Development Character and Design......................uu.u...uu...........................uu....u.u.uu.u.....u000000 4 e. Real Estate Market Analysis............u.............u.....u.. 00....000000...........0000.........00......... 000000...00...00.... 4 f. Transportation, Transit, Parking, Accessibility, Non-motorized Facilitiesuu...uu....u.4 g. Design for Health - Public Realm Improvem vironmental Quality, Aesthetics, Public Safety, and Active Living................................ ........................................................... 4 h. Implementation plan ........................................ .......................................................................... 5 6. Product Expectations ............................... ...........................................................................5 7. Process Expectations....................u..u.........u. 00000000..00....00 0000000000.......000000000000.....00 6 8. Project Schedule .000000000000..00.0000...000000 ....000000....00..........00 00............................6 9. Project Managementu.......u.. ............0000........................................................... 7 10. Proposal Content .................................... ......................................................................................7 11. Proposal Review Schedule ..................................................................................... 9 a. Notification of Intent 00.00......... 0000000000..... 0000......... 0000..00.......00...0000...... 9 b. Requests for C1arification..u.... 000000..........00......................00.....00.............00..............00......... 9 c. Submitting a Proposal..... ....................................................................................... 9 12. Evaluation Criteria a Timeline ........................................................................ ]0 13. RFP General Requi .................................................................................................... 10 a. City's Rights 0000..00...000000 000000..000000......0000...0000....... 0000000000.. ]0 b. Interest of Members of Cit 00000000.............00...........00.0000......00........... 000000000000. ]] c. Equal Opportunity Statement "'00.. 00."00'''.'' 00............00................ 00.......00..00..........00... 0000..... I] d. No n- Discri m i nati 0 n......... .............................................. ............ ............. ............... ............... .................. ] ] e. Transfer of Interest............................................................................................................................... ]] f. Independent Contractor ................................... 0000........0000...0000. 00...............0000........000000.......00........ II g. Hold Harmless.. 00........................... 000000.00.... 00000000......00....... 0000..00..00...00..0000..12 h. Accounting Standards 0000......... 0000.............. 00............ 00......00..00....00..000000.00000000. ]2 i. Retention of Records .... .........00...........00.. 00................................ ..00......00...00............00...00..00..00.00.. ]2 j . Data Practices...................... ..... ............................................................................ ................... ............... 12 k. Inspection of Records........................................................................................................................... 13 I. Applicable Law 000000........00..00.......................00....00.. 000000..00..... 0000..0000..... 00.00........... 00000000................ 13 m. Conflict and Priorityu........................ 00000000........... .000000........00..00...0000.00.....00......00.0000...00.....00. 13 n. Ownership of Materials 00............. 00..........00.......... 00...........................00...00.........00.0000........0000...0000. 0000. 13 o. Co nfl i ct of I nte rest............ ...... ................................. .................. .............................. ................ ..... ......... 13 p. Termi nation.. ..............................................................................00................00.......................................... 13 q. Intellectual Property .00.00.00..........................00..00..000000..00..... 00...00....00.. 0000...............00....00. .00.000000.......... 14 Attachment A: Study Area Map..........u......uu.. 0000...00......... 0000................ 0000.........0000..00...........00 15 Issued: DRAFT - City of Arden Hills 1. Introduction The B-2: General Business District is the unofficial downtown of Arden Hills. A primary commercial and transportation corridor in Arden Hills, the B-2 District is at the center of many of the City's retail, office, and other commercial establishments. The retail uses tend to serve local needs while the office buildings serve local and regional tenants. The B-2 District was completely developed by the 1980s, and it has continued to serve as an important business node within the City. However, the B-2 District has become a focus for redevelopment in recent years as business needs have changed, the existing buildings have aged, and tenants have turned over. In order to guide future redevelopment and to create a long-term, unified vision for the B-2 District, the City seeks to create a small area plan that addresses current and future land uses, design standards, transportation issues, pedestrian improvements, landscaping, and other related issues. 2. Arden Hills Information 3. Study Area (map) ar the northwestern corner of downtown Saint Paul and 2005 9,787 people with an 'dents of Arden Hills enjoy a high system, superb access to regional to the City's high quality e corporations, many small strong community that attracts t neighborhoods, parks, responsible Incorpori'lted in 1951, the City of Arden Hills is locat Ramsey County and lies approximately eight miles downtown Minneapolis. The estimated populatio employment base of nearly than 14,000 jobs. quality of living with many parks, a highly valu transportation, and stable neighborhoods. In ad neighborhoods, Arden Hills is home to a n businesses, and two private colleges. Arde residents and businesses because of it 0 government, and open spaces. The B-2 Zone includes those Connelly Street, and Pine Tree (Attachment A). I properties that are adjacent to County Road E, tween Lexington Avenue and Highway 51 4. Scope of Services Outline The tangible result of the small area planning process will be a plan document that incorporates the elements described below in written and graphical format. Interim products and graphics will be produced as necessary for public meetings and education. These plan elements are restated in narrative format following this section to provide a more complete understanding of expectations. a. Purpose, Vision, and Fundamental Principles i. Purpose Statement ii. Vision Statement iii. Fundamental Principles b. Survey of Existing Conditions i. Description of geographic area and city/regional context Issued: 1 DRAFT - City of Arden Hills ii. Development history ili. Demographic overview of population and employment iv. Busi ness inventory v. Survey of existing property attributes such as land use, zoning, property value, building floor area, height, building condition, building design vi. Assessment of current utility capacity and relationship to future development capacity. vii. Existing real estate market data. c. Future Land Uses i. Recommended locations for office, commercial, residential, and mixed-use developments ii. Future land use map in comprehensive plan compatible format iii. A development case study exploring various concepts for development of a yet to be determined key site(s) in the study area. d. Development Character and Design i. Recommended height, density, massing, building material, signage and character for residential, office, indu ai, and commercial development ii. Recommended design guidelines fo w development including, but not limited to, general recommendati ite layout, landscaping, fencing, scale, fenestration, building ma ial, sig e and lighting. Examples of exemplary building designs fr in and outside of Arden Hills should be provided. e. Real Estate Market Analysis i. Analysis of future real es f. Transportation, Transit, Parking, i. Traffic analysis and r ii. Analysis of existin iii. Parking analysis iv. Bicycle and pede g. Design for Health - Aesthetics, Public i. Recommen developments ii. Evaluation of the improvements. ili. Evaluation of opportunities for preservation of key views and development of additional open space, and recommendations for gateway improvements. iv. Analysis of public art opportunities v. Crime Prevention Through Environmental Design (CPTED) review with recommendations h. Implementation Plan i. Overview of implementation of the above recommendations ii. Proposed public improvements iii. Timeline iv. Costs orces ty, and Non-motorized Facilities dations ransit options ndations facilities analysis and recommendations Improvements, Environmental Quality, tive Living corporating active living principles into future evelopments eetscape environment and suggestions for Issued: 2 DRAFT - City of Arden Hills 5. Scope of Services Description a. Purpose, Vision and Fundamental Principles This section of the plan will outline the purpose of the plan and capture the essence of the community's overarching objectives and corresponding community values through a vision statement for the B-2 District. Public visioning sessions at the beginning of the planning process will form the basis of this statement and inform the fundamental principles that guide plan content. b. Survey of Existing Conditions A plan for the B-2 District must be based on a good understanding of existing conditions. This encompasses an understanding of the area's geographic context within the city and region, its social and physical characteristics, and existing public policy for the area. Social characteristics include history, demogr Demographic data from the surrounding are content, and will include information such distribution, housing tenure, business te include information about the industry patterns of workers and residents. . s, employment, and businesses. i d to be collected to inform plan surrou - g population, age d income. Employment data will e B-2 District as well as commuting To understand the physical characte on existing property attributes building floor area, height, co be limited to the area withi e area, data will need to be collected rent land use, zoning, property value, exterior design. This physical analysis will undaries. Current demands on pu impacts of potential f needed to inform the hould be assessed in order to understand the ent. Current real estate market data will also be estate market analysis. c. Future Land Use The land use plan will detail the proposed future land use in the study area, and reflect input received through public involvement. It will include a map of proposed future land uses and accompanying descriptive text. The map must be in a form that is suitable for incorporation into the city's comprehensive plan. The land use plan will consider appropriate locations for office and commercial developments and, if appropriate, residential and mixed-use developments. Ultimately, changes to zoning may result from this plan, but such changes are not part of this scope of work. This section of the plan will include a development case study exploring various concepts for development of a yet-to-be-determined key site(s) in the study area. The City will identify no more than two (2) sites prior to the start of the planning process. The purpose of the case study will be to 1) generate several potential uses and design concepts that would illustrate community desires, and 2) build an understanding of the particular issues common to redevelopment in the area such as Issued: 3 DRAFT - City of Arden Hills site layout, land use, development intensity, design, parking, and economic feasi bility. d. Development Character and Design Recent development in Arden Hills and the B-2 District has raised concerns about context-sensitive design. Most notably, buifding size, orientation, materials, signage, and design emerged as an important concern. Thus, analyses of these and other characteristics need to be undertaken. Recommendations on future height, density, massing, building materials, and character for residential, office, industrial, and commercial development at different locations will need to be made. Design guideline recommendations should be developed as part of the plan. This section of the study will generally describe desired characteristics of development in the study area, such as site layout, landscaping, fencing, fenestration, building materials, signage, and lighting. Examples of exemplary building designs from within and outside of Arden Hills should be provided. al estate market analysis is required. odologies to understand the existing I markets in the study area. Future ill need to be analyzed, along with a nd residential square footage. Market d in the context of city-wide and regional ussion of the existing business mix. e. Real Estate Market Analysis In order to inform the future land use pi This plan element will use market anal and potential commercial, office, and r demands for commercial and resid discussion of absorption rates for co forces in the study area should x trends. This section will also' Recommendation for new 0 presented, as well as st community's vision fo from areas in other p terms of layout form an ilized business models in the area should be ttracting a business mix that fits the 1St ict. This discussion should utilize best practices etropolitan area that are similar to Arden Hills in raphics. f. Transportation, Transit, Parking, Accessibility, and Non-motorized Facilities This analysis will examine existing conditions and propose strategies and designs that address specific transportation issues that arise through the planning process, which should include transportation, transit, parking needs, non-motorized (pedestrian) facilities, and overall accessibility to and in the B-2 District. An analysis of current traffic and potential transit options will be used to inform the future land use plan. This analysis should go beyond an inventory of existing conditions and make recommendations for current and future congestion mitigation efforts. g. Design for Health - Public Realm Improvements, Environmental Quality, Aesthetics, Public Safety, and Active Living While investigating the potential future use in the study area, it is appropriate to consider other enhancements to the B-2 District. The city has identified a need to incorporate active living principles into city plans and developments. The study must Issued: 4 DRAFT - City of Arden Hills identify opportunities to incorporate active living principles into the B-2 District, which may include pedestrian improvements to increase the opportunity for physical activity; enhancing air and water quality; incorporating Crime Prevention Through Environmental Design (CPTED) principles; and other related principles. An evaluation of the streetscape environment within the study area and suggestions for improvements should be provided. The City is concerned about environmental and quality of life issues, particularly stormwater, tree preservation, landscaping and general open space protection. Design enhancements to be addressed in the plan include opportunities for gateway improvements to the area and enhancements to the pedestrian environment, which may include more public open space, public art, signage, and other design enhancements. Crime Prevention Through Environmental Design (CPTED) is a movement based on the premise that fear of and actual occurrence rime can be reduced through proper design and use of the physical environ t. This portion of the plan will examine the potential for improvements in t area based on the principles of CPTED. h. Implementation plan eneralhealthissues.html. The City Additional information can be viewed at htt : www.desi nforhealth.net tech as will assist in the development of thi In order for a plan to be suc All of the recommendati summarized in this fin list of recommendatio resources, timing, and p I, a strong implementation component is needed. e out of the analyses listed above will be f e plan. The implementation plan will include a ities, key partners, estimated costs, potential hasing. 6. Product Expectations The completion and production of a plan document is the tangible outcome of the B-2: General Business District Small Area Plan process. The plan document should include descriptions of existing conditions and the planning process; analyses and findings; and discussions and recommendations relative to each of the elements in the scope of services. The document should include text and graphics as appropriate. For readability few if any pages should be entirely text. Twenty (20) bound, hard copies of the final plan should be produced, along with 50 CD copies with the plan in pdf format. The pdf file should also be suitable for web download. A Microsoft Word file of the final plan will also be delivered to the City, along with an ArcGIS shape files of all maps. Electronic versions of all final and preliminary products will be made available to city staff. The City encourages consultants to prepare reports lhal are readily recyclable. Issued: 5 DRAFT - City of Arden Hills 7. Process Expectations The chosen consultant will, with guidance from the City, engage the stakeholders during the course of this project. Stakeholder engagement exercises/events must be structured so as to invite input related to community preferences while providing context in terms of overall City goals. Stakeholders shall include, but are not limited to: o Business organizations and business owners/managers o Property owners and managers o Residents (home owners and renters) o Elected and appointed City officials o Ramsey County transportation officials o B-2 District users (i.e. visitors, shoppers, and other stakeholders) A steering committee will be established by the City to provide feedback and guidance and to assist with community outreach. However, it remains the responsibility of the consultant to provide the resources to engage the community at I e as well. City staff will provide technical expertise, city codes and ordinances, avail stakeholder contact information, provide meeting facilitation assistance, help draft p ices, and other applicable resources. The consultant will be expected to: o Strategize with city staff on communica . o Provide city staff with text and graphics o Potentially organize and orchestrate wi o Produce large scale graphic repres be used in public meetings. o Document communication and process in the form of meeti forms. o Community engagement acti ill include at least the following: o Five (5) meeting eering committee. o Two (2) visioni hese two meetings will be designed to capture the communit vision for the study area, issues of particular concern, and opp n s for improvements. o Three (3) large publi orums/workshops. These meeting should address the initial findings meeting to review base data and assumptions, discuss and work through land use recommendations, create development concepts and design guidelines; and a final meeting to present recommendations. d public engagement tactics ded for communications materials. taff public meetings and forums. rious aspects of the study area to easures undertaken throughout the ribution lists, sign-in sheets, and comment 8. Project Schedule Respondents to this RFP should propose a process timeline and schedule for completion of each plan element, as well as the final plan, with consideration to these parameters: o Services and products related to this request for proposals are to be completed by September 30, 2008. o Two (2) visioning sessions and (3) public forums/workshops are to be held at times and locations accessible to all potential participants. The visioning sessions shall be conducted within one month of contract execution and the first forum shall be conducted within two months of contract execution. o Five (5) meetings with the steering committee may need to be held. Issued: 6 DRAFT - City of Arden Hills o Regular communication between the consultant and the Community Development planning staff will be required. o A 45-day review process is required upon completion of the project. o The first payment will be issued upon completion of the first month of the contract. Final payment will be withheld until all required deliverables are received by the City. 9. Project Management Staff from the Community Development Department will manage this project. The consultant is expected to meet regularly and as requested with City staff during the course of the study. The meetings are in addition to steering committee meetings. The consultant will discuss proposed methodologies with and gain approval from City staff prior to performing study tasks. All written, graphic, display, and presentation materials to be made available to the public (including materials for the steering committee) are to be provided to City staff for review no less than one week ior to their use or distribution. Responses to this Request for 8 o Cover Page: Utilize a cover page tha 1. Consultant's name 2. Consultant's curre 3. Federal ID number 4. State ID number 5. Contact person's name, title, phone number, fax number and e-mail address 6. Signature of authorized corporate officer for each entity proposing as a partnership or team ity project manager before plan is ject to a formal 45 day public by the City Planning Commission and All sections of the plan document must be reviewe being considered a final draft. The final draft of t comment period prior to being considered for a City Council. 10. Proposal Content e following information: atJd ress s: corporation, partnership, sole proprietor, etc. o Approach to Project: Provide a summary of the proposed approach to the project. Identify proposed objectives and methodologies to be utilized for plan elements and community engagement events. o Scope of Services with Costs and Timeline: Describe how services will be provided. Include a detailed listing and description of proposed tasks and deliverables with cost assigned to each task and deliverables broken down by staff time and duties. Include process steps and delivery dates for intermediate and final plan elements. o Deviations from the Scope of Services: ~~: 7 DRAFT - City of Arden Hills Any deviations from the required scope of services should be specifically stated along with the reason for the deviation. The City will consider deviations from the required scope of services if the City determines it will result in a better process and/or product. o Experience and Capacity: Describe the background and experience of all firms and subcontractors, demonstrating ability to provide the required services. Include information related to each firm's organization, size, capacity, and experience relevant to this scope of work. o References: List at least three (3) references from contracts of similar size and scope. Respondents must provide references that can be contacted. o Conflict of Interest: Indicate whether the firm's activities, assets or potentially pose, or be perceived as posing, a service for the City of Arden Hills with respe described in this Request for Proposals. o Personnel and Business Certification: Identify specific personnel from all firms roles, and the number of hours eac personnel and time commitments in Services. Role descriptions sho incl as primary contact persons f II to day project managemen resentation of other clients could ict of interest with providing B-2 District Small Area Plan as ill be assigned to this project, their This list should be organized to show the activities outlined in the Scope of identification of individuals that will serve 'ect oversight, contract administration, day . Provide resumes for all assigned staff. o Detailed Cost of Service Indicate proposed cos rates, direct costs, an of services shall include relevant to the scope of wo s c1uding how the costs were determined based on rges per classification of employee. Proposed cost d budget categorizing expenses by type of service The consultant shall provide an estimated fee and billing rate schedule which will include the following elements: o Fee estimate for the project based on an understanding of the project and services. The estimate should be itemized according to project elements and types of services. o Hourly rate schedule for all personnel that will be assigned to the project. o Reimbursable expenses estimate. o Insurance Coverage: Provide proof of insurance coverage to at least meet the minimum requirements listed in item "e" of the Section "Request for Proposals General Requirements." o Number of Proposals and Format: Ten (10) paper copies and Ten (10) CD copies (pdf format) of the proposal are required. Proposals must be on standard 8 1/2" x 11" paper. All supporting Issued: 8 DRAFT - City of Arden Hills documents must be on paper no larger than 11" x 17". Proposals and supporting documentation must be submitted in a sealed envelope labeled "B-2: General Business District Small Area Plan." Faxed proposals will not be accepted. Respondents may choose to provide additional sets if and when invited to do so for presentation purposes. Submissions will not be returned. 11. Proposal Review Schedule a. Notification of Intent Prospective Consultants interested in responding to this RFP shall notify the City in writing (e-mail acceptable) of their interest. Notifications of intent should be sent to: Mr. James Lehnhoff, AICP City Planner City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Fax: (651) 634-5137 E-mail: 'ames.lehnhoff b. Requests for Clarification , phone number, and e-mail address. , y by 4:30 p.m. on Friday, February Notifications shall include name, title, a Notification of intent must be receiv 8, 2008. Prospective responders ma in written form only to: James Lehnhoff, AICP City Planner 1245 West Highway 9 Arden Hills, MN 55112 ia mes.lehnhoff(6lci .arden-hill. m n. us ions and requests for additional information Questions and requests for additional information must be received by 4:30 p.m. on Friday, February 8 2008. Questions will be answered in writing to all respondents and posted on the City's website www.ci.arden-hills.mn.us by March 7, 2008. c. Submitting a Proposal Proposals shall be delivered to the City on or before: 4:30 p.m., Thursday, February 21, 2008, and delivered to: James Lehnhoff, AICP City Planner 1245 West Highway 96 Arden Hills, MN 55112 Issued: 9 ~^ DRAFT - City of Arden Hills Proposals received after the deadline will not be accepted. It is neither the City's responsibility nor practice to acknowledge receipt of any proposals. It is the responder's responsibility to ensure that a proposal is received in a timely manner. The City of Arden Hills reserves the right to modify or issue amendments to this request for proposals. If questions result modifications to this RFP, the written modifications will be posted to the City's web site at www.ci.arden-hills.mn.us. 12. Evaluation Criteria and Selection Timeline All proposals received within the stated deadline and that include all the required elements will be reviewed by city staff and the steering committee. One or more consultants (or consultant teams) may be asked to make a presentation to the steering committee after proposal submission. One consultant (or consultant team) will be selected to provide the services described in this RFP. Criteria used in the evaluation of the proposals will i following: o Quality, completeness, and clarity of prop o Demonstrated understanding of the pro' o Organization, management and technic o Demonstrated experience and technical ex o Ability to package findings, ideas, c written and graphic mediums o Staff qualifications and experie o Demonstration of capacity to o Itemization and allocation 0 project scope o Review of references o Cost to provide the re e, but are not limited to, the e oach to the project e require to complete the project policies through a combination of complete the project es in relation to the tasks outlined in the The City reserves the right to re The City may not select the propos and all proposals. Cost is one of evaluation criteria. ith the lowest cost estimate. Anticipated timeline for consultant selection (subject to change): o Submission deadline: February 21, 2008 o Selection of consultant: March 10, 2008 13. RFP General Requirements The General Requirements are terms and conditions that the City expects all of its Contractors to meet. By proposing, the Proposer agrees to be bound by these requirements unless otherwise noted in the Proposal. The Proposer may suggest alternative language to any section. Some negotiation is possible to accommodate Proposer's suggestions. a. City's Rights Issued: 10 DRAFT - City of Arden Hills The City reserves the right to reject any or all proposals or parts of proposals, to accept part or all of proposals on the basis of considerations other than lowest cost, and to create a project of lesser or greater expense and reimbursement than described in this Request for Proposal, or the respondent's reply based on the component prices submitted. b. Interest of Members of City The Contractor agrees that no member of the governing body, officer, employee or agent of the City shall have any interest, financial or otherwise, direct or indirect, in the Contract. c. Equal Opportunity Statement Contractor agrees to comply with the provisions of all applicable federal, state and City of Arden Hills statutes, ordinances and regulations pertaining to civil rights and nondiscrimination including, without limitation, nnesota Statutes, Section 181.59 and Chapter 363. d. Non-Discrimination employee or applicant for ion, ancestry, sex, national origin, s or status with regard to public or the Vietnam era. Such prohibition ot be limited to, the following: sfer, recruitment or recruitment payor other forms of compensation and prenticeship. The Contractor will not discriminate ag employment because of race, color, creed, affection preference, disability, age assistance or as a disabled veteran against discrimination shall incl , b employment, upgrading, de r advertising, layoff or termi selection for training, includ e. Transfer of Interes ny interest in the Contract, and shall not transfer any interest in the same eit by assignment or novation without the prior written approval of the City, provided, however, that claims for money due or to income due to the Contractor may be assigned to a bank, trust company or other financial institution, or to a Trustee in Bankruptcy without such approval. Notice to any such assignment or transfer shall be furnished to the City. The Contractor shall not subcontract any services under this Contract without prior approval of the City Project designated herein. f. Independent Contractor Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or sub- Contractors of the Contractor only and not of the City; and any and all claims that Issued: II DRAFT - City of Arden Hills might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of Contractor. g. Hold Harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this Contract or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this Contract. If a Contractor is a self-insured agency of the State of Minnesota, the terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466 shall apply to er political subdivisions of the State of Minnesota. h. Accounting Standards source documentation and enforce lIy accepted accounting practices to s Contract. The Contractor agrees to maintain the sufficient internal controls as dictated b properly account for expenses incu i. Retention of Records The Contractor shall retain Contract for a period of six exception that such rec terms of a monitoring resolved for abateme with funds under this Co such property. inent to expenditures incurred under this r the resolution of all audit findings, with the kept for a period of ten years after both the h ve been fulfilled and all audit findings have been . Records for non-expendable property acquired all be retained for six years after final disposition of j. Data Practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Contract. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. All Proposals shall be treated as non-public information until the Proposals are opened for review by the City. At that time, the names of the responders become public data. All other data is private or non-public until the City has completed negotiating the Contract with the selected vendor. At that time, the Proposals and Issued: 12 DRAFT - City of Arden Hills their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13 and as such are open to public review. k. Inspection of Records All Contractor records with respect to any matters covered by this Contract shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. I. Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Hennepin, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. m. Conflict and Priority visions in this Contract, the Proposals, the provisions in the ontract; 2) Proposal; and last 3) In the event that a conflict is found bet Contractor's Proposal or the City's Requ following rank order shall take precede Request for Proposals. n. Ownership of Materials All finished or unfinished do photographs, reports or oth property of the City upo City at any time befor , studies, surveys, maps, models, erials resulting from this Contract shall become the val of the final report or upon request by the The City may use, exten without the consent, permis large any document produced under this Contract n of, or further compensation to the Contractor. o. Conflict of Interest By signing this Contract, the Contractor agrees that it will not represent any other party or other client which may create a conflict of interest in its representation with the City. If the Contractor is unclear if a conflict of interest exists, the Contractor will immediately contact the City department Contract manager and ask for an interpretation. p. Termination The City may cancel this Contract for any reason without cause upon thirty (30) days written notice, except that if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract, the other party shall have the right to terminate this Contract, if the default has not been cured after a ten (10) days written notice has been provided. If Issued: 13 DRAFT - City of Arden Hills termination shall be without cause, the City shall pay Contractor all compensation earned to the date of termination. If the termination shall be for breach of this Contract by Contractor, the City shall pay Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this Contract shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Contract by the Contractor. The City may, in such event, withhold payments due to the Contractor for the purpose of set-off until such time as the exact ount of damages due to the City is determined. The rights or remedies provided erein shall not limit the City, in case of any default by the Contractor, from any other right or remedy allowed by law, equity, or by statute. q. Intellectual Property f the intellectual property rights, , demarks, and service marks in any mpleted and paid by this Contract. Work s, discoveries, databases, computer raphs, negatives, designs, drawings, ther media. The City owns all rights, title, and i including copyrights, patents, trade Work created, in progress, pro d covered includes inventions, . programs, reports, notes, s specifications, materials, tap All Work under this C surrendered to the Ci this Contract. The Contr will not infringe upon any in the exclusive property of the City and will be ely upon completion, expiration, or cancellation of resents and warrants that the Work does not and ectual property rights of other persons or entities. Issued: 14 DRAFT - City of Arden Hills Attachment A: Study Area Map Issued: 15